CENTRAL CRIMINAL COURT
SIXTH SESSION, HELD APRIL 3, 1837.
MINUTES OF EVIDENCE,
Taken in Short-hand.
BY HENRY BUCKLER.
GEORGE HEBERT, CHEAPSIDE.
WILLIAM TYLER, PRINTER, BOLT-COURT, FLEET-STREET.
On the King's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Before the Right Honourable THOMAS KELLY , LORD MAYOR of the City of London; the Right Honourable Sir Nicholas Connyngham Tindal, Lord Chief Justice of His Majesty's Court of Common Pleas; Sir Joseph Littledale, Knt., one of the Justices of His Majesty's Court of King's Bench; Sir Job Taylor Coleridge, Knt., one other of the Justices of His Majesty's Court of King's Bench; Sir Thomas Coltman, Knt., one of the Justices of Hit Majesty's Court of Common Pleas; Sir Claudius Stephen Hunter, Bart; John Atkins, Esq.; William Thompson, Esq.; Sir Peter Laurie, Knt; Charles Farebrother, Esq.; and Henry Winchester, 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; tones 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 Oyerand 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. SIXTH SESSION.
A star (*) denotes that the prisoner has been previously in custody—An obelisk (†), that the prisoner is known to be the associate of bad characters.
Third Jury, before Mr. Sergeant Arabian.
913. JOHN BACKHOUSE was indicted for that be, on the 3rd of March, at St. George, Hanover-square, about the hour of eight in the light, being in the dwelling-house of John Webster, 1 umbrella, value 3s., the goods of William Maule Webster, feloniously did steal; and having committed the said felony, afterwards feloniously and burglariously did break out of the said dwelling-house, and the said goods and chattels feloniously and burglariously did steal.
JOHN PUTTRELL . I am foot-boy to Mr. John Webster, of No. 56, Grosvenor-street—he is master of the house. On the 3rd of March, about five minutes after eight o'clock, I heard a ring at the bell—it was dark—I opened the door, and the prisoner was there—I newer saw him before—he asked me whether the cook was at home—I said, "Yes," and asked him in—I that the door, and put the chain up—he said he came from Mrs. Wilson, who had a letter from the country, and she wished to see the could as won as she could—Mrs. Attfield was the cook—I left him in the passage, after shutting the door and putting the chain up, because I did not like his appearance—I went on to the kitchen stairs and called the cook, and I heard him take the chain from the door, and the door open—I heard him come along the hall, and saw him take the umbrella, and he went out—I went and opened the parlour door, and told master there was a thief—I then ran after him into Lower Grosvenor-street, through Bruton-street, and never lost tight of him till he was secured—the umbrella was picked up in the street.
JOHN WEBSTER . The dwelling-house is mine—it is in the parish of St. George, Hanover-square. I was at home a little after eight o'clock—it was dark—Puttrell said there was a thief—I ran out immediately, and followed the prisoner into Little Bruton-street—another person followed, and went down Grosvenor-mews—I went round, and met the prisoner in front—he gave me a blow in the face, which almost stunned me, and almost knocked me down, but I seized him by the collar, and kept him—a little boy picked up the umbrella, and brought it to our house next morning—it belongs to my brother, William Maule Webster—(looking at it)—this is it.
of "Stop thief, "ran into Lower Grosvenor-street, and saw him meet the prosecutor, and strike him in the face, but he was secured.
Prisonser's Defence. I am quite innocent of the charge—I never went into the house at all.
GUILTY — DEATH . Aged 24.—Recommended to mercy.
First Jury, before Mr. Recorder.
914. THOMAS WTERS was indicted for burglariously breaking and entering the dwelling-house of Eliza Ann Mitford, about the hour of three in the night of the 1st of April, at St. George, Hanover-square, with intent to steal, and stealing therein, 1 coat, value 30s., the goods of the said Eliza Ann Mitford.
ELIZA ANN MITFORD . I am a widow, and live at No. 22, Dover-street, Piccadilly, in the parish of St. George. The prisoner was my foot-boy between four and five months—I discharged him on the 28th of March—on the night of the 1st of April, I retired to bed a little after eleven, or between eleven and twelve o'clock—the doors and windows were reported to me by the cook to be secure—I was awoke a little after three o'clock in the morning before daylight, by somebody turning the handle of my bed-room door, which was locked—I listened and heard it a second time—I immediately got out of bed, and perceived a light in the next room, which it a dressing-room, but there is a bed in it—I perceived the light under the crack of the door—I exclaimed, "There is a thief or thieves in the room, and a light also"—I immediately rung the up-stairs bell for the maid—I threw up the sash window, and sprung a rattle which brought the police—I called out of the window that there were thieves in the house, and to take hold of any body they met with—I went down stairs in ten or fifteen minutes, and found the prisoner in the kitchen, in custody—the police had got into the house—they had called out, "It is all right, it is your servant—I observed the sash of the kitchen window up—and the bars had been loosened to enable him to enter—a skylight was broken all to pieces, which would enable him to enter the house—it was the skylight of the passage between the area and the kitchen—a person getting through the kitchen window would still be stopped—the kitchen door was bolted outside, and he could have got no further, if he had not broken the skylight which gives light to the kitchen and passage—he might have gone lack, but he could not get into the rest of the house without breaking that—it is over the dresser—I saw a great coat in the hands of the police—it had been left in a back pantry—I had seen it there the day before—I value it at 30s.—I had a little servant boy who occupied the pantry where the coat was taken from.
WILLIAM UNDERWOOD (police-constable C 70.) I was on duty in Dowerstreet, on the 1st of April, in the night, and heard a noise, about three o'clock, proceeding from the area of No. 22, Dover-street—I went to the area, looked over and saw the prisoner standing in the area underneath the steps, which are a wooden ladder—the area gate was shut, but unlocked—I called to him and said, "Is it all right there?"—he said, "It is all right, I have been on a spree to night"—I knew him before, and supposed he was still in the prosecutrix's service—I walked a short distance away, listened, and heard somebody striking a light—I thought all was right then, and went round my beat; and when I returned, I went to the area again, and heard another noise—I found the area gate still locked and somebody came out of the kitchen, or out of the coal celler, I could not say which—I said to him, "Is it all right down there?
—he said, "All is right, you may come down and see"—I said, "Have net you got somebody there with you?"—he said, "No, come down and see if you like"—I went down, and on searching the coal cellar, I heard a noise in the kitchen, or in the house, of somebody coming—he heard the same, and he ran up the steps, and ran away, and I after him springing my rattle—heard the rattle spring from the upper story—Mrs. Mitford called out of window, "There are thieves in the house"—I said, "It is a servant of yours, ma'am"—she said, "It is no servant of mine"—I sprang my rattle immediately and she sprang here at the same time, and in about five minutes he was brought back by another constable.
JOHN WHALL (police-constable C 63.) On the morning of the 1st of April I was on duty in Albemarle-street, and heard two rattles spring—I saw the prisoner running from Dover-street, along Stafford-street—he ran down Albemarie-strcet—I pursued and took him, with this coat under his arm, rolled up—his hand was bleeding—he said, "You know me, policeman, it is all right"—I told him I did not think it was all right—he said, "I hare been out for a lark or spree, and I was merely getting in to have a lodging in the kitchen"—I took him back to Mrs. Mitford—I afterwards looked at the bedroom door on the second floor, pointed out by Mrs. Mitford, and there were marks of blood on that door, as well as on his band—I found in the pocket of the great coat, which I found under his arm, a piece of wax candle, with a mark of fresh blood on it—I examined the premises, and found a bar had been forced at the kitchen window, at the bottom of the area steps, to enable him to enter—it was an iron, upright bar—that would enable any body to lift the sash of the window—it was loosened at the bottom, and shoved on one tide—that would enable a person to get to the sash window to raise it, and enter the house—I observed the skylight in the kitchen—the woodwork was cut and relieved, and I found a knife in the kitchen, marked with blood on the handle—the prisoner's hand was cut on the back, at pane of glass would cut it—the skylight was broken, so as to enable the body of a man to get through—four squares of glass were removed—here is the piece which was cut out of the frame—four panes of glass were all removed, and the woodwork which connected them—it is eight or nine feet high, but there is a dresser under it which he could climb up—he went into the pantry, where the coat had been taken from—I found the little boy up stairs, concealed between two mattresses in the garret, very much alarmed—there was a bed in the pantry, in which somebody had slept, but I did not see the boy there—he it about fourteen years old—the prisoner was perfectly sober—I pro—duce tthe coat.
MRS. MITTFORD re-examined. That is the coat lost from my house.
JANE CHAPMAN . I am cook to Mrs. Mitford. I fastened up the house on this night—I barred and bolted it—I left the kitchen window fastened with an iron bar outside, and the shutters too, and bolted the kitchen door two iron bolts—that was about twelve o'clock—I was the last person up-the skylight was unbroken when I went to bed.
HENRY LOWE . I am servant to Mrs. Mitford. I slept in the pantry, and heard a noise, about two o'clock in the night, of the smashing of the glass of the skylight, and the prisoner came into my room after that—lie did not do any thing—I said, "Who is there?" and he walked out again—then went out of the room, and tried to make them hear in the house—I ran up the back stair-case, and knocked at mistress's door up stairs—I ran up to the top of the house, and got in between two beds—the policeman found me there—I am fifteen years old—I did not know who it was when
he came into the room—I had seen the prisoner when I went after the situation, but did not recollect him when he came into the pantry—I knew him again when I saw him in custody.
JURY. Q. Were you brought down to see the prisoner in the kitchen—afterwards? A. Yes, and knew him to be the same person—I had a great coat on my bed, but not the one which was taken—the one found on the prisoner was taken out of the pantrycupboard—I did not know it was there—I came to the service in the prisoner's place.
Prisoner's Defence. I never went into the house at all—I had been to a public-house all the evening—I heard a noise down in the area as I went by—I went down, and found the great coat on the step, and went into the coal cellar, wrapped the great coat round me, and went to sleep in the coal cellar, and was there when the policeman came down.
GUILTY— DEATH . Aged 18.
First Jury, before Mr. Recorder.
915. JOHN DAVIS was indicted for burglariously breaking and entering the dwelling-house of William Young, about the hour of two is the night of the 31st of March, at St. John the Evangelist, Westminster, with intent to steal, and stealing therein, 1 medal, value 18d.; 1 crown, 2 shillings, 1 sixpence, 9 shillings, 1 fourpenny-piece, 73 pence, and 411 halfpence; his goods and monies.
WILLIAM YOUNG . I keep the Artillery Arms public-house in Rochester row. My house stands in two parishes—the part that was broken is in the parish of St. John the Evangelist, Westminster—I am not positive that it is not called St. John only—on the 31st of March I went to bed at a quarter before two o'clock, and I fastened up the house—I and my wife were the last persons up—we both went to bed at the same time—I had left about 1l. in copper, and some silver, in the till, and there was some silver in a desk at the end of the counter—I was alarmed about four o'clock in the morning by the police—it was quite dark—I found the street door on the spring-lock—I had left it bolted—I assisted the police in searching the premises—I found a skylight in my wash-house broken open, and a clothes-prop had been down the hole, which propped up the skylight, that would enable a person to get in—it was shut to night before—after a person came in at the skylight, he would come to the bar—a pane of glass was taken out of the bar window, the fastening undone inside, and the sash shoved aside, which would enable him to get into the bar—it was all fast over-night—I missed my till from the bar, and found it in the kitchen, and all the contents gone, and the silver from the desk—I had a crown-piece of Charles the Second, two old shillings, one old sixpence, and a silver medal, in my desk—the prisoner was brought into the house shortly afterwards, and searched—all the silver and old coin, the crown-piece of Charles the Second, and the medal were found about his person, also a piece of paper which the old coin and medal had been wrapped in—it was a memorandum—I have not doubt of the medal and coins being what I lost.
corner of Rochester-row, and saw the prisoner come out of the prosecutor's side door—on seeing we immediately went back into the house, and shut the door—I called a constable to the house, and alarmed Mr. Young, who let as in—there is a drain which divides some gardens at the back of the house, and found the prisoner secreted under some boards of the drain—I took him into custody, and found the crown, and two shillings, a sixpence, the medal, and all the money, silver, and copper, on him, and a piece of paper which I produce—when he was asked where he got the money from, he said from the till—I know the parish the house is in—it is St. John, the Evangelist, it is marked up on the prosecutor's house, and the division of the parish—it is the boundary mark—the side door of his house, and the bar, is in St. John, and the skylight also.
MR. YOUNG re-examined. This is the paper I had the coin in—the amount of the money is 2l. 1s. odd—there are the letters S. J. E. upagainst my house.
JOHN LONG . I am servant to Mr. Young. I fastened the skylight over-night—I went to bed a little after twelve o'clock—whan the alarm was given, I found the fastening, which was a long rod with boles in it, and fastens to a hook—I found it was not as I had left it, it had been unfastened by the prop, and three panes of glass taken out.
Prisoner. I throw myself on the mercy of the Court.
GUILTY — DEATH . Aged 22.—Recommended to mercy.
Sixth Jury, before Mr. Common Sergeant.
916. EDWARD THORNETT was indicted for feloniously assaulting William Grant Liddaman, on the 19th of June at Wilsden, putting him in fear, and taking from his person, and against his will, 1 shilling, 1 sixpence, I and 7 fourpenny-pieces; his monies.
WILLIAM GRANT LIDDAMAN . I am an apprentice to Mr. Bird, a pawnbroker, residing at No. 141, Long-acre. On Sunday afternoon, the 19th of June, about half-past two o'clock, I was in a field in Kilburn, leading from Kilburn to Wilsden—in the parish of Wilsden, I believe, and in the! county of Middlesex—rain came on, and then I went and stood under a tree—no one was there when I went first—in about five minutes the prisoner came up—I am quite sure it was him—he wished to enter into conversation with me—I cannot exactly say his words, but I went further down to stand under another tree, and left him—while standing there the prisoner came up—he followed me—while I was standing there he took hold of my collar, and said, "Your money or your life"—I am lure he said that, when he had hold of the collar of my coat—I told him I had no money—he then said, "Let me feel in your pockets? "—he let go of me, and I ran into the middle of the field—he ran after me, and again took me by the collar of the coat—he then said, "Let me feel in your pockets?"—it was raining at the time, and I told him if he would come under the tree, I would give him all I had got, as I was frightened—(it was thundering and lightning at the time)—I told him that in consequence of fear—then he dragged me by the collar of my coat under the tree, and when we were under the tree, I gave him three fourpenny-pieces—I put my hands into my pockets—he then said, "Let me feel in your pockets, you have more?"—he did not feel—I put my hand into my pockets, and gave him two more fourpenny-pieces, but before that I asked him, if I gave him two more would he let me go away—he said be would, on his God—then I gave him
the two—I heard the click of a gate, and saw two men about entering the gate, but instead of entering, they both went down the lane—I sung out, "Murder"—the prisoner let go of me when he saw the men—when the men were gone, he again took hold of me by the collar of the coat—I was standing in front of him, so that I could not run away well—he then said "If you do not give me ail you have got I will have your life"—that frightened me, and I gare him two more fourpenny-pieces, one shilling, and a sixpence, which I took from my waistcoat pocket—I had before takes then from my breeches—he then thrust his hand into my waistcoat pocket, where I had taken the money from—I heard some noise, as if it was one behind—after he had put his hand into my waistcoat pocket, he felt my folo, to feel if I had any watch, but while the men were at the gate I had slipped down—finding no watch there, and hearing this noise, he ran off, and left me—I did not follow him, I ran from him—when I got to the gate, I turned round, and saw the prisoner making his way through the hedge—I then crossed the other field to where my father was—I gift him and others information, and I and my uncle, and my father, went in pursuit of the prisoner—after a long search it was proposed to look in a barn—there were two gates to the barn—I entered at one, and came out at the other—I perceived the prisoner standing with his hat and coat off my father was standing by my side at the time, and I directly said, "That is the man, "in the prisoner's hearing—he instantly ran off, pursued by my father—we lost sight of him—I and my uncle went after him—he crossed the road to get into another field, where a man seeing him run by, and hearing the cry of, "Stop thief, "pursued him, but we lost him after running across five or six fields—we then ascertained who the man was that ran out of the barn, from some of the haymakers—I did not see bin again that day—we next heard that he was confined in Oxford jail—I went down on the 23rd of March, and saw him there—I am sure he is the man—litre not the slightest doubt of it—I was standing in the court of the prison, when, all unawares, the prisoners came out, and turned the corner—I said, "That's the man"—I knew him instantly.
Prisoner. At the time this robbery was committed, it was put in the "Hue and Cry" that the man had got big whiskers—I never saw this man in all my life till I saw him at Oxford. Witness. It was a mistake—it was supposed he had whiskers, and it was put down so, but the man I saw had no whiskers—he was dressed in a velveteen jacket—I cannot my what waistcoat—he wore the same pair of trowsers he has on now.
WILLIAM TURVEY . I live at Wilsden-green, Middlesex. I am a la-bourer, and work for Mr. William Anderson, a farmer there—I worked for him last summer—I knew the prisoner—he was employed for Mr. Anderson, last summer—he was employed in haymaking in June—I recollect, on a Sunday, the prosecutor running across the wood-field, which is my employer's—I saw the prisoner run out of the shed which they call the barn—I never saw him after he ran across the field—he had no coat on, and no hat, to my recollection—if he had gone on in his regular course of work, it would have been his duty to have come the next morning—there had been rain, and a heavy thunder-storm that day—the prisoner never had any whiskers.
THOMAS SMITH . I live at Wilsden, and am a labourer. I heard them halloo, "Stop thief, "that Sunday, and saw a man running across Baker's field from the shed, or the barn—I ran after him—he had got neither hat or coat on—I followed him with Liddaman, the witness, and his father, and his uncle—the man escaped—I had known him before—it was prisoner—I am perfectly sure he is the man.
Sixth Session, 1837.
Q. Did you not say before the Magistrate, you could not say whether the prisoner was the man or not? A. I am not certain that he is the man—I think he is the man.
FREDRICK DEBENHAM . I reside at Kilburn, and keep the Post Office there, and am a constable. I remember the prosecutor leafing my house on that Sunday, about two o'clock—I remember his returning in about half an hour, or a little better—he was very much flurried, and gave me information, in consequence of which we went alter the prisoner immediately—we went to the barn, and the hat and coat were given to me after the man had run away—I saw him run away without a hat and coat—I cannot positively swear to the prisoner, but I believe him to be the person—I was not within twenty yards of him—I have got the old hat and coat here.
HENRY FALL . I am one of the officers of Bow Street. On the 24th of March I took the prisoner into custody, at Oxford gaol—I was present when young Liddaman saw him in Oxford gaol—he recognised him instantly—the prisoner said he knew nothing about him.
WILLIAN LIDDAMAN . I live at No. 9, London-road, Southwark, and am a hosier. I went out on the 19th of June, to see Mr. Debenham, who is my brother-in-law—I remember my son coming back very much agitated, and in consequence of what he told me, I went after the prisoner—I saw the prisoner in the barn, lying on the hay—my son said, "Father, that is the man"—the prisoner then rose from the hay, looked at me, and instantly shot out of the door of the barn, and I pursued him, crying out, "Stop thief, "loudly—he continued to run very swiftly, crossing a lane which runs from Kilburn to Wilsden, and Smith joined in the pursuit—I lost him after five or ten minutes—on my oath, he is the man—I had not given my Son any four penny-pieces that day, but I was aware he had three of four in his possession, as well as other money, to my knowledge.
JOHN CLIFTON . I am constable of Shipton, in Oxfordshire, the hamlet where the prisoner resided. Two men came to me, and said something about this robbery—in consequence of that, I went to the prisoner—he lived in the parish—I told him I was come after him in a case of robbery—he did not make any reply in that case—then we took him into custody, and took him to Mr. Poole's, the keeper of Witchwood Forest—I took him there because the keeper had got information against him as well—we took him to the Magistrate, and then we had him committed—while we had got him in custody he said he had got the things on that he had when he committed the robbery in London—he began by saying, "I am afraid of the London job"—I knew what he meant, because I had seen it in the paper—I could not say what job he meant—he said that people pursued him, and he ran away—he said there was a young man, and he "thought to know whether he would know him again"—he said that he had got the breeches on that he had when he did the job—I could not say what job it was.
Prisoner. I never spoke a word to you in my life. Witness. Yes you did.
WILLIAM POOL . I came from the Forest of Witchwood, and am deekeeper there—the prisoner was brought to me by two constables because I had a warrant against him—I took him before the Magistrate, and he was committed for the offence—he told me that there was a case up the country that he was Very much afraid of—he said he was advertised as having trowsers, "But, said he, these are the breeches that I had on when I committed the offence"—he repeated this to me several times, in the same
way, while I had him in my possession—I had him from the 24th of December till the 25th, in the evening, and then I took him to Oxford goal.
Prisoner. I never told you any thing of the kind.
Witness. Yes you did.
Prisoner's Defence. I never saw this man in all my life, and was not near the place at the time.
GUILTY— DEATH . Aged 21.
Before Lord Chief Justice Tindal.
MESSRS. ADOLPHUS, CLARKSON, and BODKIN, conducted the Prosecution.
SAMUEL PEGLAR (police-constable S 104.) On Wednesday, the 28th of December, I was on duty in Edge ward-road, and about ten minutes past two o'clock in the afternoon Robert Bond came to me—in conesquence of what he said, I went with him to a pathway near the Pine Apple-gate, Edgeware-road, about eighty yards from it, on the side near London—on the left-hand side going from London—I observed a large flag-stone in the path-way—I there found this sack— (producing it) I found it contained the trunk of a human body, without a head, and do legs or thighs—I found all these things by the side of it—they are rags and a cord—a part of this cord the arms of the trunk were tied with across-the bag bore the impression of a string or cord on the upper part of it, as if it had been tied at the mouth, but the string or cord recently cut—me of the rags were lying close to the bag—other pieces were lying by the side of it, and other pieces further from it, but ail within a foot of the bag—the stone laid with the upper part against the wall, and the lower part about thirteen inches from the wall—to the best of my recollection the stone was more than four feet long, and rather better than three feet wide—the bag was about a foot from the stone—it was not under the stone when I arrived—the stone laid aslant, the upper part of it resting against the wall—I procured a wheelbarrow, and carried the bag and its content, and the rags, to the Paddington poor-house—I examined the bag, and observed in it appearances like those of mahogany scrapings, such as would be thrown off from a piece of mahogany which had been recently planed—I have seen a steel instrument applied to mahogany after it was planed—they were scrapings—on Monday, the 27th of March, in consequence of hearing of the apprehension of somebody, I accompanied Inspector Feltham to No. 1, St. Alban's-street, Lambeth—I examined the back room on the ground floor, and found this child's frock—it is twilled jean—it is patched with nankeen, as one of the rags I produce appears to be patched—it is one of the rags I found with the sack.
JURY. Q. Is the shade of the nankeen in both the same? A. The quality is.
MR. CLARKSON. Q. Does the frock found at the house appear patched in the same manner as the remnant of a frock found at the side of the bag appears to be patched? A. It does. (These articles were here handed to the Jury.)
JAMES WHITE . On Wednesday, the 28th of December, I was in Edgeware-road, near the Pine Apple-gate—my attention was drawn to a stone there, on the left-hand side going from London—it was leaning against wall—I observed a bag there, with something in it—it was lying on the ground behind the stone—the sack was corded round three or four times—
I do not remember whether the mouth of the sack was corded up—I sent for Pegler of the officer.
EZEKIEL DICKENS . Pegler the officer drew my attention to a stone lying against the wall near the Pine Apple-gate, on the 29th of December—I had been to that stone on the 24th, at half-past two o'clock in the afternoon, for the purpose of placing a small piece of wood, which the employed on the improvement of the path had dug up—I placed the wood behind the stone—at that tine there was no sack, or any thing whatever, under that stone.
MATTHIAS RALPH . I am lock-keeper of the Begent't canal, and live at Johnson's Lock, Stepney. On the 6th of January last, I believe, about half-past eight o'clock in the morning, I had occasion to abut the gates of the canal, and found something impede their shutting—I was called to by a bargeman, who told me there was something in the gate—I immediately went with a hitcher—I found the gates would not come to—I put the hitcher down, and pulled it along to the middle—I said, "It is a dead dog; case the gate"—they eased the gate—I pulled it up, and, to my surprise, I found the head of a human being—as soon as I pulled it from where the gates met, the gates joined, and then I pulled it straight up—I saw the ear first—that made me know it was the head of a human being—the water was about five feet deep there, or it might he five feet three inches—sometimes it is more, and sometimes less—when I got the head first to the surface of the water, it went down again—the hitcher let go of the hair—it was very long hair—I put the hitcher down again, and could not feel it mysef—a man was with me, and I said, "Bob, take hold of the hitcher" at took it, and carefully drawed it along—he said, "I cannot pull it cut—he gave me the hitcher on the gate—I took it, end landed the head the ground—I untied the hitcher from the hair, and examined it—the hitcher brought it up by the Bait alone both times—I examined it, and food the right eye to be knocked out by a stick, or some other weapon—I found the flesh in a perfect state, not sodden—the left jaw-bone was broken, and penetrated through the skin—the bone itself was through the skin—Iobserved that the left car had been pierced, and had had an earring torn through in youth, and there was a seam—in the right ear there was a hole, which was perfect—in the left ear there was a seam grown up where it had formerly been torn—it appeared thai the slit had grown together again—from its appearance, I should suppose the head had been in the water four or five days—I cannot exactly say, because sometimes bodies will change in a short time, and sometimes not for a long time—I cannot speak nearer than to four or five days—I have frequently picked them out in two days, and they have looked worse than others which have been in ten day I did not observe the back of the head—there were no ears—I laid the head down, went to my house, and fetched a cloth, wrapped it and took it to the bone-house, and locked the door.
Cross-examined by MR. PRICE. Q. Were you the first person that took head out? A. Yes, and the only person that handled it on the lock—severall others saw it, but no one bandied it—the man who was with me said "I am done," when he was bringing it to the water's edge—he was I believe—he went and cast afterwards, and the other one, when he took hold of the hitcher, said, "I cannot do it"—they were so alarmed—in the lock, I have every reason to believe it would have been more freah—the wound—the mark would have been mow fresh—I cannot tell how
long it had been in the lock—perhaps three, four, or five days—I cannot—sometimes we pick bodies out of the canal—I have picked out several, and sometimes one that has been in the water three or four days will great deal worse than those which have been in ten days—picked them out when they have been in overnight— (the hiccher was here produced)—I put the hitcher down, and drew it along, and drew it up.
COURT. Q. By which part? A. The hook; and when I got it to the top of the water it disappeared—it was held by the hair—I scraped for it the second time, and when I found it, lifted it up—I did not into it—the hitcher was never off the ground—the bottom of boarded in that part—I did not dig after it—I was more particular it up the second time, because I did not know at first what I had got.
MR. PRICE. Q. You say the wound in the eye had not been done the lock, because it was not a fresh wound? A. It would have been more fresh—I did not examine any other wound, except that in the jaw, that did not appear fresh—not quite fresh—that might have been done the gates, bat I cannot say—I cannot say whether that might not have been lone by a stick, or iron instrument—I have every reason to gay the wound in the eye could not have been done in the lock, or part of the eye would hare been hanging to it—I could not perceive that more than one jaw was broken, but I did not examine or perceive any other bruise or mark—I did not overhaul it to feel it, as medical assistants would have done—I examined it carefully, as far as I did examine it, but I did not examine the back part of the head, as medical—I examined it as far as I could see, for about two minutes—the flesh was perfect—I put my hand to it—it was not like what we pick out of the water, when it has been there perhaps a month—not sodden or rotte—the wound on the eye was rather rough—the first parts of the head I saw in the water was the ear and the hair—the head only went down had not much trouble in getting it up—the weight of it was nothing to lift—I wrapped it up in a piece of old sack, which I left at the bone-house along with the head, wrapped up as I did it—I cannot sty it was coarse or fine sacking—it was a piece I had lying by me—it was a coal-sack or what I cannot say—it was quite sufficient to cover the head—I left the head at the bone-house—I did not delivered to body—I locked the door, and returned the key to the grave-digger.
MR. CLARKSON? Q. You did not examine the back part of the head; if I understand you, the back part of the head had long hair to it? A. Yes, that would prevent nay observing it.
JURY? Q. Could you have broken the jaw-bone with the hitcher? A. No; I am confident the hitcher could have hurt nothing—I perfectly certain I did not injure the head by dragging it up.
MR. PRICE? Q. Was the head floating? A. No, it was down bottom of the water.
MR. CLARKSON? Q. Did you afterwards see the head any where else? A. I saw it in the course of the afternoon at the bone-house—Mr. Goulding and one of the police inspectors were present—I cannot say on horseback—there were a great many people there—it was the head I had brought out of the water, and which was taken care of by the police.
hole in the sack, and I saw the part of a knee through the hole—I did not open the sack—a young man who was there pulled it open in my presence—it contained the legs and thighs of a human being—they were taken to the station-house by a policeman, whose name I do not know, who came there while I was there, and they remained there till after the inquest.
WILLIAM WOODWARD (police-constable P 157.) I went down to the osier-beds, and assisted in carrying the legs from there to the station-house, where they remained till after the inquest—I afterwards conveyed them to Paddington police station-house, and from thence to the poorhouse at Paddington.
EVAN DAVIS . I am a cabinet-maker and upholster, and live at No 45, Bartholomew-close. I knew the deceased, Hannah Brown, for five years last February—shortly before Christmas I heard she was going to be married—about a day before Christmas, I was, called down from my workshop into the sitting room, and saw Mrs. Brown there, and the male prisoner—he was introduced to me by Mrs. Brown as her beau, as her intended husband—she was about forty-seven years of age—I think they staid there together about three quarters of an hour at that time—she did not introduce him by any name at that time—the prisoner and I went to the Hand and Shears public-house together, and drank—no conversation passed that evening about his intentions—he had a deal to say about America, and said he bad a large farm there of 1000 acres of land, at Hudson's Bay—he said he had been away from there about four months, and that he was going back three weeks after Christmas—after this we went back to my house, and had supper together, and they left about ten o'clock—on Thursday, the 22nd of December, Greenacre came again to my house, I believe it was between six and seven, o'clock, with Mrs. Brown—they took something at my house, and after that, I and the prisoner went to the Queen's Head and French Horn—he was in conversation about America, the grand place it was, and the rail-loads there, and his farm, which bo described as a beautiful place—after having a pint of ale, he said he was in a hurry to go home to my house, we went back there together, and supped together at nine o'clock—after supper he sat at the right of Mrs. Brown, and Mrs. Brown on his left, on the sofa—I sat opposite to him, and my wife opposite to her—he said, "Well, we may as well tell you our intentions, (as we are not children,) before you, and we intend to get married on Sunday morning at St. Giles's church, and it is agreed that you shall be the man to give her away, and your eldest daughter to be the bridesmaid, and you being kind enough to offer us dinner on that occasion, we shall accept of it"—I had offered to do so—we then began to talk about meeting on Sunday morning, and it was agreed that we. should meet at the Angel public-house, near the church, at ten o'clock—they went away toast a quarter past ten o'clock, and I walked about a hundred yards with them—from that time I never saw Hannah Brown again alive—on good Friday I saw a head at the Paddington Workhouse-the forehead, I observed, was flat, and the eyebrows straight, not so much in a circle as persons generally are—the eye was grey, and the two upper teeth were precisely like Mrs. Brown's—I did not observe any thing peculiar about the ear, for I had never seen her ear when alive.
Q. Did the appearances you observed of the head at the poorhouse correspond with the appearances of Hannah Brown's head in her lifetime?
A. It did in my opinion—I could not swear to it, but the appearances of
the forehead, the eye, and the teeth, corresponded with her appearance, and I believe it to be her head—her eye was grey.
Cross-examined by MR. PRICE. Q. You accompanied the prison and Mrs. Brown part of the way; did the make any proposal to you? A. They told me to be to my time, and I said I would.
Q. Did the ask him to step into any houses as you went altar and have something to drink? A. I do not recollect—I cannot recollect it—I do not recollect her asking lor something to drink more than once, and its being rejected by me and the prisoner—it is no use to go and falsehood, and I won't do it—she did not say any thing of the sort, to at recollection, nor any thing that would lead to such a matter.
MR. CLARKSON. Q. You knew the deceased, Hannah Brown, five years; were her habits those of a temperate, sober woman, or of a drunken and dissipated one? A. There was not a more sober woman, I believe, in London, nor a more pleasant and agreeable woman—if I had been pressed to go into two or three public house during the hundred yards I walked with them, I should think I should recollect it.
CATHERINE GLASS . My husband is a plasterer, and we live in Windmill-street, Tottenham-court-road. I was acquainted with the deceased, Hannah Brown—I remember the 24th of December last, (Christmas eve,) very well—she came to my house as near twelve o'clock that day as I can recollect—I knew perfectly well that the was about to be married next day, for she was to have slept with me—I knew that a week before—it was arranged before that day, and on that day also—it had been spoken of several times during the week, and on the 24th, nine o'clock, was the hour named for her to come—to the best of my recollection, she was not above half an hour with me that Saturday—she had no appearance of black eye or bruise about her face at that time at all—I never saw her again alive—the was a woman of very sober habits—she appeared quite in her usual health and spirits when she left me—I have not seen she head.
COURT. Q. Did the come foot to you? A. Yes—I live very near her—she lived in Union-street, Middlesex Hospital.
Cross-examined by MR. PAYNE. Q. What are you yourself? A. I keep a mangle—I had known Hannah. Brown nearly two years—I cannot tell how often I saw her—I did not alwaya see her once a week, and some times I saw her as often at throe or four times a week—my business kept me very much at home, and so did hers—I knew the time for her leaving her lodging in Union-street was not up—she occupied the kitchen below stain.
MR. BODKIN. Q. Where used you to see her? A. She sometimes would call on me, and sometimes I called on her—I have seen her in the evening as well as morning, and at different times—the always appeared a woman of sober habits.
HANNAH DAVIS . I am the wife of Evan Davis. I knew the deceased Hannah Brown five years—I saw her last on the 22nd of December—I have seen her in company with the prisoner Greenacre—they came to our house together twice—they said they were going to be married, that they were asked at St. Giles's church, and were to be married on Christmas morning—this was on the 22nd—we were to meet them at a public-house, I do not know the name, close by St. Giles's church—I was to have provided dinner for them—Greenacre said they were going to Hudson's Bay, and he would be very glad to see us over there, and our family, fur there we could
have a home and welcome—he represented that he had a great deal of land there—I cannot recollect whether he mentioned how much—it was a good deal, and if we came over we could have a home there—I have a daughter—on Christmas eve, the 24th, became to our house, as near as I can recollect, boat eleven o'clock at night—he asked me if Mrs. Brown had been—I said, "No"—he immediately said, "She said she would not come"—he said he thought proper to let me know, as I was so kind at to ask them to dine with on the day, that the marriage was not to take place, in regard that he had made a close investigation with respect to property, and found that she had none—he did not add any thing more—I asked him to walk in—he said, "No," and, I wished him good night—this conversation took place at the street-door.
Q. Did he say any thing about poverty? A. He said it would not do for them to plunge into poverty—he seemed very much agitated—I had known Mrs. Brown five years last February—line had rather a high forehead and longish features—she had very good teeth, short, thickish, and even—she had a slit in one of her ears—I had observed it—it was an open slit, but it had healed each side of the ear, and a second place was bored above for the ear-ring—never saw her afterwards—we made a great deal of inquiry about her—I did not go to the workhouse to see the head—her hair was a sort of brown, neither dark nor light—it had been light, and it was intermixed with grey—she had a fair complexion.
JURY. Q. Was it very long hair? A. Yes—very long—the front was as long as the back—she was a tall fine, genteel, respectable-looking female.
Cross-examined by MR. PRICE. Q. Have you been intimate with Mrs. Brown for the last five years? A. Most of the time—she was never longer than a few months together without coming to see us—I did not visit her very often—I should think she had lived in Union-street about a year and a half, as near as I can say, or a year and nine months—she came there from Mr. Perring, the hatter, in the Strand, who she had lived with about two years—she was like house-keeper there, to Mr. Perring—before that lived with Mr. Oliver the anchor-maker, at Wapping—I cannot exactly say for how long, but I should say very nearly twelve months—the last time I saw her she talked of getting a little shop—I think that was September, about Bartholomew-fair time—she called in at our house she intended to sell fruit and pastry—she told me where she intended to take it, but I cannot now tell the part—there was some widow-lady was going to give up the place—it, was near where she herself resided—I do not know Mrs. Glass, of Windmill-street—I never knew she was an acquaintance of Mrs. Brown's—I never heard of her—I was not much acquainted with Mrs. Brown's acquaintances—my daughters used to go to her friends with her, both of them—Mr. Davis's sister lived in a family, and that was the way I became acquainted with Mrs. Brown—I cannot tell what family it was—it was some where, in the City—it was only a short time they were together—that was the origin of ray acquaintance with her—my sister-in-law has been dead three yeaxs the 28th of next June—from two to three months was about the average of Mrs. Brown's isiting us, and sometimes oftener, as it suited her.
Q. When Mrs. Brown and Greenacre were at your home on the 22nd of December, was there not every appearance of cordiality between them? A. Yes, very much, as it should be with persons about to be married—my husband and I were friends of Mrs. Brown—we told her to be cautious
about going abroad, we did not wish to part with her—Mrs. Brown told me she had a daughter—she did not speak of her very often—I never saw her—she spoke of her daughter at Norwich, and told me she was a straw hatmaker—she did not say whether she was in business for herself—Mrs. Brown told me that Greenacre lived at No. 2, Carpenter's-place, Camberwelltd—I was never there—Mrs. Brown invited me there to spend the day there, some day after the marriage took place—she said it before Greenacre, as well as in his absence, and that I was to excuse them not being very nice, because they were going away soon to America, and it was only a temporary matter—that was in the way of apology for the state of the house—they left our house about ten o'clock, on the 22nd of December, as near as I can recollect—it was as late as ten o'clock—they went away together.
MR. ADOLPHUS. Q. And your husband accompanied them a little why? A. Yes—Mrs. Brown told me she became acquainted with Greenacre, through the Wards of Goodge-street, Tottenham-court-road—during the five years I knew her, there could not be a more sober, well-conducted woman—I never saw her child—she mentioned that she had a daughter, and that is all I know of it.
MR. PRICE. Q. Do you know the Wards at all? A. No, I do not.
ELIZABETH CORNEY . I am the wife of John Corney, a shoemaker, who lives at No. 46, Union-street, Middlesex Hospital. I knew the ietttiti Hannah Brown in her life time—she lodged at No. 45, Union-street, she occupied the front kitchen—I do not remember the day she came there—she was there a year and a half—she got her living by washing and mangling she had a mangle—I saw her last on the 24th of December—I understood she was going to be married—she had quite sufficient furniture and things for herself—she sold them before the 24th of December—she told me they were not required, that Mr. Greenacre wished her to sell them for pocket money—she disposed of her mangle—she left the house between the hours of twelve and three o'clock on the 24th of December—I observed a hackney coach waiting for her, and saw her in it—she took her bores and things with her—I had only seen the prisoner Greenacre on one occasion previous to that—that was a few weeks before—I believe it was him that went away with her in the hackney coach—he and the coachman helped her out with the boxes—I cannot say the hour' they went away, nearer than between twelve and three o'clock—I cannot remember whether I had dined when they went away—the coach had not staid any time—there was a key to the room she occupied—I asked her if she would leave her keys with me, or send them to me when the week was up—she went away before her time was quite up—she answered me, she would come on the Monday, and bring her man with her, pay me the rent, and give me the keys—that was in the presence of Greenacre—he might have heard it, or he might not—he was in the passage, and so was she—I cannot say exactly how many boxes or trunks were put into the coach—whether it was three or four—I never saw Mrs. Brown again alive—I did not see Greenacre again, till I saw him at the police-office—Mrs. Brown did not return on the Monday—the keys were sent to me on the Tuesday—her person was in nowise disfigured when she left on the Saturday—she was not wounded, but just as usual—there was no injury about her eye—no blows, or any thing whatever—on the Tuesday following the Monday on which she was to have come with the keys, I received the keys from one of the lodgers—I did not see from whom the lodger received them—I forget the lodger's name Mrs. Brown had paid the rent up to the Tuesday before—I have not received the
rent up to the following Tuesday—that was part of the object the deceased had then she said the was coming on Monday to pay me—on Friday, the 24th of March, I saw a head in Paddington poorhouse—I noticed the teeth and the colour of the hair of that head, and they corresponded exactly with the teeth and hair of, Mrs. Brown—I noticed the colour of the eye—it resembled hers.
Cross-examined by MR. PRICE. Q. Were you very intimately acquainted with Mrs. Brown? A. Yes—my husband and I occupied the front parlour next door to her—I was in the habit of seeing her every other day or so—she got her living by washing and mangling—she was very much at home, occupied with her business, the whole of the day generally—she had nobody to assist her—she generally did all her work self—I have seen the prisoner Greenacre—I do not remember when I first saw him—it was some weeks before he took her away—I believe he came frequently to see her, but not being in the same house I did not see him—was not present when be used to come to see her—the lodger's name is Mrs. Hawksworth, from whom I received the key—Mrs. Brown told me that the reason she did not give me the key was, she had some few things in the room which did not belong to her—she had a right to occupy room till the Tuesday—there was only one room—she said she should return on Monday, and then only to give up the key, and pay the rent—did not receive the rent till Wednesday—my husband was the first person who went into the room—he is here—I went in with him, and found nothing in the room but an empty birdcage, of no value—it belonged to Mr. Brown—she had offered it for sale for a trifle—I am quite certain there was nothing else in the room.
MR. CLARKSON. Q. You did not jive in the house where Mrs. Brown resided? A. No—it was on the Wednesday after the Saturday she left that I received the key from the lodger—any one who had the key could have gone into the room without my knowledge, and taken any thing out—while I knew Mrs. Brown she was a very sober woman.
WILLIAM GAY . I live in Goodge-street. The deceased was my sister—just before her death we were not on friendly terms—I saw her the Thursday before her death, at my mistress's shop—I am a broker, doing business for a lone woman, who keeps a broker's shop, No. 10, Goodgestreet—it was there I saw my sister on the Thursday—she was alone—I know the prisoner Greenacre—I do not remember haying seen him before Christmas—I saw him on the Tuesday night after Christmas, about seven o'clock or so—it was candle-light—he came to my mistress's shop—I was not exactly in the shop—I came from the low kitchen—my mistress was it the shop when he came—I heard him speaking to her, and telling her the wedding was put off, that he had investigated into the character of Mrs. Brown, his intended wife that was to be, and she had no property; and he thought that she had, by the report that he had heard from some people, and by what she had said about taking a shop in London, instead of going to America—he said that Mrs. Brown had run him in debt at the tallyshop and they had had a few words, and were not going to be married after he had said this, he said Mrs. Brown would not go to tell the people who had provided the dinner, that they were not going to be married, whereby he said he went, I think he said at eleven o'clock, that Saturday night, and told them, because she would not go—his, expression was, they had had a few words—of course be meant on the Saturday night—I never saw him before in my life, not know him—he was not acquainted with
my mistress—my sister Hannah was acquainted with my mistress from her childhood—my mistress's name is Blanshard—I do not believe that Greenacre knew I was Hannah Brown's brother—I believe my sister never told him—my mistress said to him, "This is Mrs. Brown's brother-wont you walk in?"—I had come up then, and stood and heard them talking said nothing—he said, "No, I am in a hurry," and the countenence of the man changed, and he walked off saying something which I could not understand—I do not think he stopped two minutes after my mistress said was Mrs. Brown's brother.
Q. Do you knew that your sister, Mrs. Brown, had met with accident with one ear? A. Yes; the left ear was torn where it was pierced for the ear-ring—I had heard her say a fellow-servant had torn it is play, and the ear was bored higher up—it had healed up, but was still perceivable, like a cut—I have seen it in that state—I have since seen a head at Paddington workhouse—I looked at the left ear, and found a similar appearance, there as that I had Noticed in my sister—I noticed the eye in that head, and it resembled fiefs—I also noticed the hair—I took a lock of it from the workhouse—it was light hair mixed with grey—her hair corresponded with that I saw at the workhouse—I believe it was my sister's head, and no one else's—I told the overseer fit the poorhouse he need not go any farther, for that was my sister's head—I never heard of any child of hers at Norwich—there is a sister's child she took to London who was with her for twelve months or two years, and she went down to Norwich, and got a situation there—she always termed her her daughter—she is now living in Dean-street, Soho.
Cross-examined by MR. PAYNE. Q. How long had you been dost stairs before you came up and found Greenacre with your mistress? A. I cannot positilvely say, sometimes I am up and down in an hour, per haps, five or six times—it was dark at that time, and I came up as I could not see—I cannot tell how long I had been down; all I know it, I cum up at the time he was there—I have always given a similar account of to conversation, as I have now—I cannot speak for a word—I belief Iii, not mention to the Magistrate the conversation about America, or taking the shop—I never was at such a place before, and perhaps my feelings would not allow me, in the agitated state I was in, to recollect ever thing particularly.
Q. Have you had any conversation with any person since, to refresh your memory as to what took place then? A. No—only respecting talking to each other—mistress and me—my mistress and I talked abort my sister being absent, but not about this conversation, which I have stated—I cannot tell how long the man had been in the shop before I came up—I do not suppose above a minute or two—the conversation lasted it might be five or eight minutes after I came up—I cannot swear exactly to the time—I know, from my own knowledge, that ths child at Norwich was called the child of the deceased—it was my other sister's daughter next to me, or I next to her—she is not dead—the deceased termed it her child, because she brought it to London in her childhood, and she had the care of seeing after it—the deceased never had a child of her own, to my knowledge—I often saw my sister, though we were at variance.
Q. Have you ever told any body before today a single syllable about the countenance of Greenacre changing when he was told you were her brother? A. I have told my wife so—that is all—I have had no conversation with any body else about his changing colour—I hold very little
conversation with any one—I cannot recollect whether I mentioned it to any one but my wife—to cut it short, if you ask me questions I shall not—I hare lived with Mrs. Blanshard, I believe, two years this month I never measured the height of my sister—she was a tall woman—a middle-proportioned woman—not the stoutest nor the thinnest—I cannot tell whether she had a round face or a long face—I cannot say so much about her face about her features—it was not a long face, certainly.
Q. How many times had you seen her within six months before Christmas-day? Q. I had seen her several times, but what time I cannot name I did not speak to her when I saw her—I had been at variance with her from about ten weeks after I came to London—I never quarrelled much with her—I have been in London two years this month—she often came to my mistress's house, but I never spoke to her all that time—I should think my sister was forty-seven years of age, or about that—the was much older than me—I am only guessing at her age—I do not know my own age—it was near the conversation that ray mistress said, "This is Hannah Brown's brother."
MR. BODKIN. Q. Do you know whether the child you speak of was brought up to any trade? A. No—I do not know that—she had been in service.
MARIA GAY . I am the wife of the last witness. I knew the deceased, Hannah Brown, quite well, for about seventeen or eighteen years—I should think she could not have had any children—I made observation of such facts which made me think so—she was a tall woman, with a very delicate skin, and very high chested, much more titan most women—and she had a large hand, and long fingers—the ear-ring had been torn out of her left ear by her fellow-servant many years ago, and that had left a slit in her ear—the part next the face hung a little lower than the hind part—the fond was closed up, but still that part hung long—there was a hole bored above its second time—I was not present at any conversation that my husband had with the prisoner in the presence of his mistress—I remember hearing the reports about the body and head being found—my husband made inquiry, and he came and told me, and I went myself to the Paddington workhouse, on the 24th of March—I saw the head, which was preserved there, and I thought by the time I saw it, which was a very small time, that I could draw the visage of her down the nose, and the features about there—from the very short time I had to look at her, it appeared at though I could draw it was the from each side of the nose—she had a very flat nose—her hair was light, and intermixed with grey, like the hair of the head I saw—I noticed the left ear, and it was as my sister-in-law's was.
Cross-examined by MR. PRICE. Q. How long have been married? A. About eighteen years—I first saw Mrs. Brown at Wyndham, in Norfolk—she lived about two miles distant, with her mother and father—I have been in London two years this month—my husband was at variance with his sister—I think for about three weeks or a month—they had rather differed—she had been that time with me before we had words—that was about two years ago—after she came to town—she came to live with me the week after, in Goodge-street, where I live now—she lived with me a very short time—the variance took place while she lived with us—that was the reason we parted—I met her several times afterwards in the street, but she never spoke to me—I had a very imperfect view of the head at the time I saw it, and will not be positive it was the head of Mrs.
Brown—I should be sorry to swear to it—I should think I might do it, from the view I took of her—it was greatly changed, but it appeared at if I could draw the resemblance—her nose was very much flattened, and it was then still more flattened—one of the eyes, I believe, was knocked out—the lower jaw was very much fractured indeed—she had a very nice set of teeth when alive, and it appeared to me as if she had but very few in fat of her mouth—but with all those differences of appearances, I still thought I could draw a likeness—she certainly had teeth out then, and I do not suppose she had a tooth out when I saw her last time—the teeth were very much like hers—she was a tall woman, much taller than I am, and her skin was delicate—I should not say she was a very weak woman—she earned her bread by very hard labour—a mangle requires power—she continued her daily occupation up to the last time I heard any thing of her, to my knowledge—she was a woman of much more power than I am—a somewhat unusually strong woman, much more than I am; but I should reckon there were many women as strong as her—I cannot tell what strength she had, by her look—her work was very hard—it requires more strength than I have to turn a mangle.
JURY. Q. Will not constant use enable a person to perform that labour better than one stronger but not accustomed to it? A. She was stronger than me I know.
MR. PRICE. Q. You have said she was very high-chested? A. yes, and her hands were very large—I never put her hand against any other—it was a much larger hand than many women have—she was a stronghanded woman, I should suppose—I should think the strength lies in the bone, and not in the flesh—I never saw her naked—she was flat I call a stout woman, not a small woman—she was larger than I am great deal—there are stouter women than she a great deal in the world—her sister is larger than her—she was high-chested—I know she would like to have shown her delicate neck, hut she could not, being higher than many women are—I should not think that bad any thing to do with strength—I never visited her in Union-street—I was not present when the prisoner called on Mrs. Blanshard—my husband came home and told me of the interview between him and Greenacre at his mistress's—I cannot bring the particulars to my recollection—he certainly said Greenacre had been, and said his sister had run him into debt in the Strand—but nothing else particular that I can bring much to mind—he did not make any observation on Greenacre or his mistress, that I recollect—he merely said he heard Mr. Greenacre complain to his mistress that she bad run him into debt in the Strand, and he said he thought if she had done it before marriage she would do it afterwards—I recollect those words—I have no particular reason for recollecting them, they made no impression on me—it was no more than what I thought would be, from what I had learnt and hard of him from my husband's mistress—I thought the man's intentions were not so kind as they ought to be to her—I do not recollect my husband making any observation to me about him—he did not express any thing of the appearance of the parties during the conversation—I am sure at that think I recollect his saying he thought Mr. Greenacre seemed in a very agitated mind and state, after his mistress stated that ray husband was the brother of Mrs. Brown—it seemed to him that it gave the man a great change of his countenance—I am not able to say the time my husband mentioned this to me, but to the best of my knowledge it was the same
night that Greenacre was at the shop—I saw my husband about half-past nine o'clock, I think, that night.
Q. Did not that communication about Greenacre's agitation make an impression on you when it was mentioned to you? A. No, not the least in the world—I did not remember it just now—it was quite immaterial in estimation at that time—my husband did not make any other observation that I can recollect—he did not tell me why he suffered Greenacre and his mistress to talk to long together, without interfering himself in the conversation—I did not ask him that—my husband generally leaves work at nine or half-past nine o'clock—I have stated all the conversation that passed that I recollect—I do not know Mrs. Glass, of Windmill-street—Saturday the first of my having any acquaintance with her—her door is not a minutes walk from mine, but I never heard of her before last Saturday.
SUSAN DILLON . I am the wife of John Dillon; we now live at No. 6 Carpentrer's-place, Windmill-lane, Camberwell. I know both the prisoners—I knew the female prisoner by the name of Greenacre—no other name—Greenacre is my husband's landlord—he lived in the house, No. 6—the same house we now live in, the the prisoner Galo lived there—we were not then living in the same house with then, but about twenty-four yards off on the opposite side—I think Greenacre came to live at No. 6 sometime in August twelvemonth—I did not see the female prisoner till about the latter end of October twelve month—she came backwards and for wards—whether she lived there, I do not know—I remember Christmasday last—it was on a Sunday—I saw the female prisoner on the evening of boxing-day, the day after Christmas, in Greenacre's gaurd, about seven o'clock—I cannot say to a minute—she came from Greenacre's door, and the child was crying violently after her—I had seen heir every day nearly, but I saw her that night in particular—I did not see her come out of the door—I saw her approach from the door, in a direction from the house, and the child was following her, she was in the front garden—it it only a narrow path—it is no street—the child was following her, crying—the gardens are in front of the houses, and a passage runs through, separating the garden of the houses on each side—the houses on each side have gardens in front—this was about seven o'clock on boxing night, Monday.
Cross-examined by MR. PAYNE. Q. How do you know it was boxing evening in particular that you saw the woman and child? A. Because I went to a particular place I was never at in my life before—I had seen the woman About there many months, and had often seen the child—it was in habit of playing with my children—I now tare at No. 6, where Greenacre lived—I have not been in the house adjoining.
Q. Is it not possible to hear a conversation, if it is loud, in the house No. 6, taking place in the houses No. 7 or No. 5? A. It is—I cannot say whether the partitions are thin, but we can hear persons in each house—if they speak any thing loud at all, I could hear what they say—it was very at seven o'clock in the evening about Christmas time—the house I lived in is about twenty-four yards from where I live now—my husband a person named Headlands were with me at the time I saw her—my husband is not here—I never knew Gale by any other name than Greenacre—I that was the man's name, and I did not know but that she was his wife.
MR. CLARKSON. Q. Was she known among your neighbours by the name of Grennacre? A. I do not know—there were many that knew her
by no other name—I never spoke to her till I took the house of her and Mr. Greenacre, which was, as near as I can say, about the 27th of January I then addressed her by the name of Greenacre, and she answered me by that name.
JURY. Q. Are you certain it was about seven o'clock on boxing-day that you saw Mrs. Gale? A. I am satisfied, for I went out to know the time, thinking it later than it was—I was going to spend the evening out, and it wanted a few minutea to seven o'clock—it was very dark, and the snow was on the ground—she had not a light—she spoke to the child—their door was open, and the light shone from the door, I suppose, for I saw her, and I could see the child from the light from the door and the snow—I could see very well—the door opens into the room—only two houses divided ours from theirs—I was going out at the time, and I passed the gate of Greenacre's bouse—I did not observe this from my own house—I was close to her—the child was crying violently at the time—it had no bonnet on—it was a little boy—it was generally very nearly dressed—I never saw a hat on its head, to any knowledge—I should think it was about four years old.
MR. PAYNE. Q. What it the distance from Greenacre's gate up to the house? A. I should think about twelve yards—from the door of the house to the gate of the garden would be twelve yards, I should think—she was inside the gate, near the path—the door of the house was wide open at the time—I saw her come from the door—it was kept open till she came close up to the gate.
CHARLES THATCHER . I have prepared copies of plans of the premises in questions; for the purpose of doing so I went to Carpenter-place Windmill-lane, Camberwell—I believe this is a faithful copy of the plan I hold in my hand—I believe these plan faithfully represent the situation of the houses on that side Carpenter's-place on which No. 6 is situated—they are fronted on each aide of the way by strips of gardens—the upper line here denotes she opposite side, Nos. 11 to 17—the red mark denotes the house No. 6—the front door of No. 6 opens from the garden into the room—there is no passage—the distance from the door of the front room to the garden gate is thirty six feet three; the front room is ten feet eight by ten feet nine—I would beg leave to explain, there is a recess underneath the cupboard by the fire on the side, which I have not taken into the measure, that would make it twelve feet four—it is a glass cupboard, but it does not decend to the floor—there is an opening underneath—the cupboard descends to about three feet from, the floor—the depth of the recces is one foot six—the distance from the fire-place to the back of the room opposite the window is exactly four feet; that is the distance from the fire-place to the division of the back room—there is a passage between the houses, on the side, and on the other at the end of the gardens—it varies in size and width—I think the average is about three feet seven.
Q. Supposing a table to be opposite the fire-place, and a chair on one side of the table where the front door is, and another at the side of the door leading to the back room, would it be possible from the size of the room to overturn a person in a chair on the floor of the room, or would they necessarily come against the wall of the room? A. It depends on the obliquity of the situation in which they sit.
Cross-examined by MR. PRICE. Q. Did you take this plan yourself? A. I did—I did not go into either of the adjoining houses—I cannot say whether they are the same size, but apparently they are—there is a door
opening from the front room into the back room—it descends a step into the back room, and lower than the front—the back room is seven feet eight by eight feet a person sitting on the right-head side of the fire-place would have their back towards that room door.
Q. A person sitting on the right of the fire-place in a chair facing the front window, if by accident a fall should occur and the back door should be open, would they fall headlong down that step? A. It depends on how they fall—it is possible—I cannot say that it is probable a person on the right-hand of the fire-placewould have their back towards the door of the back room if they sat in an oblique diretion—if she sat facing the fire-place, as a person generally does, she would have her chair at sight angles—the fire-place is three feet seven from the partition. which divides the two rooms.
COURT. Q. How far is the side of the door of the back room from the wall where the fire-place is? A. Four feet—the fire-place projects a very trifle into the room.
MR. PRICE. Q. I think you do not understand the question? A. I can give you the exact measurement, (looking at a memorandum,) though the plan may not be in proportion; the length is three feet seven—the back room of No. 6 encroaches a little on the next house, No. 7—a considerable proportion of that room is within the area of what should be No. 7—I think the partition of the front room dividing No. 6 front No. 7 is four and a half inches thick—the back room from the door to the corner is five feet three.
Q. It appears to me quite impossible that that part of the partition of the back room which divides it from the front room could be any thing like three feet—the larger proportion you will perceive is in the adjoining house, No. 7? A. 0ne foot four only is in the other house—I believe it is not more from the measure I have—the plan may be wrong from the suddenness in which it was done.
Q. What is one foot four? A. That portion of the room which you may call an encroachment on No. 7—the length of the remainder of the partition between the back and front roomis, I believe, three feet seven—the breadth of the door way is two feet four—the length from the left-hand side of the opening of the back door to the staircase it the front room is two feet six—the width of the opening to the staircase is two feet three—that is narrower by an inch than the opening in the back room—a person sitting on the right hand of the fire-place would have their back towards the back room door.
Q. Then it would be more probable than otheiwise that a chair falling back would throw the sitter with her head backwards through the door, and down a step? A. I cannot say that—towards the opening they would, but I cannot say they would come through the door-it is possible a person falling there might fall down that opening—I should apprehend the door was very old, and it was thin—it has a very imperfect bad latch to it.
Q. Now, whether the door was shut or open, was it not such a door, if so fastened, as that any body, say a stout woman, falling backwards in a chair against it would burst it open? A. I cannot say—the door open into the front room, and it shuts against the frame, hence there would be greater difficulty—I believe it opens into the front room—if it was open, if is possible a person might fall through it—any great noise in that house, I should think, must be heard in either or both the next house—a conversation such as we are now holding might be heard.
MR. CLARKSON. Q. Then, in your judgment, a fall with great violence
from one room through the door into the other, must have been heard by the next door neighbours? A. I should think it would—I should think the force of the fall would have carried away the door casing, against which the door shut, in order to fall into the back room, as the door opens in wards—that must have carried the door casing away, and I should think that could not be done without being heard next door—if the body fell against the door, I should think it must carry the casing away for a person to fall into the back room.
JURY. Q. Supposing you had been standing in the passage, and the door open, could you have seen a person in the garden very distinctly at night time? A. I could have seen them—I cannot say whether I could recognise them.
MR. CLARKSON. Q. Does not the door open, not only inwards into the front room, but next to the fire-place? A. Yes—the hinges are next to the fire-place—I cannot say that I noticed any appearance of the door, or panel, or casing being broken.
MR. PRICE. Q. Does not the door, if it opens inwards, open against the partition, and not against the fire-place? A. It opens towards the fire-place—only the partition divides the two rooms—I never saw the door so exactly open as to say it would fall against the partition, but I should think it would—I believe the back room floor is not stone—I rather think it is wood.
COURT. Q. We understand you to make the width of the back room seven feet eight? A. Yes, on one side—the distance from the left-hand side to the partition of the front room to be one foot four, and from that to where the hinges of the door are, three feet seven, and the doorway itself two feet four—that makes seven feet three—then there is the side of the door not taken in, and that would be about three inches on each side—it is a very old house, and there is a difference in the size of almost every portion of the room—there is a copper in the corner of the back kitechen—the privy is in the front of the house at present—it was formerly it the back—it was in the front when I looked at it, in the shed.
MRS. DILLON re-examined. It was in January I took the house, No. 6—I know the door leading from the back room to the front—it opens inwards, towards the fire-place of the front room—when the door is opens, you cannot place a chair in the situation it ought to stand—if I was going to sit by the side of the fire-place, I could not, if the door was open, place it in a proper situation—a table stands in front of the fire, and the door opens within about a foot of meeting the table—I am not very stout, but I must move the table or chair to pass.
Q. If the door was shut, in order to fall from the front room down the step into the back room, must you not carry away the casing of the door? A. Yes—when I sit in a chair to sit down and rock my child, without falling, I can save myself by the wainscot—when I sit by the fire, and the door is shut, I can rock my child to sleep, with the back of the chair striking against the partition between the two rooms—I fall with my head against it—the back room door has no appearance of being broken at all, nor the casing of the door—I never observed it—the floor of the back room is wood—the step is a very little one, about seven inches deep.
MR. PRICE. Q. Will not the back room door open against the wall, flat? A. Yes, quite flat, by moving it—I cannot say it will come quite close—I have always been in the habit of moving it to pass into the kitchen—I believe it will go quite back, flush with the wall—what I call the most
convenoient place for a chair, is where I can receive the most benefit from the fire.
Q. If two persons choose to sit, not on each side of the fire, but in front of it, of course there will be a considerable degree of space behind then, if they have no table in front of the fire? A. There will—there would not be room for a woman to fall back prostrate on the floor, unless she sat quite in front of the fire—if she did, she might fall back on the floor—I should not think there is room between the side of the fire and the wall to fall back prostrate, for as I sit I can rock my child, and fall back against the partition—I sit in a nursing chair, and it is lower than any other chair in the room—it has a high back.
Q. If the door was open, would it be possible for a person twinging herself back in a chair to fall into the back kitchen? A. No, I should think not—I do not consider she could fall into any place but the front room, if she was sitting by the fire—if she sat in any place, she ought to sit by the fire, aud she would not fall back into the kitchen.
Q. Is there no place where a person sitting in that room might not, by possibility, fell with part of their person into the back room? A. Certainly if she tat near the door of the back room, she might.
MR. CLARKSON. Q. When you speak of sitting in front of the fire, do you contemplate a table being opposite the fire, between the two chairs? A. No—if the table was in front of the fire, and the person, sitting so as to be comfortable, they could not be thrown into the back room—if she was sitting as she ought to sit, with the table in front of the fire, she might, but not if the table was moved from the firt—it if fold and uncomfortable to sit with the back to the door, if it is open I cannot sit with the door open even now.
Q. Then sitting in a chair on either side of the fire-place the table filing its ordinary situation in the room, is it at all probable, a chair being thrown over, she would fall into the back room? A. I should think she might if the table was where it is now in the room, and the back door open; the might be thrown into it.
MR. PRICE. Q. Suppose there is a fire in the back room, is there then any inconvenience in having the back room, door open? A. There was no stove in the back room when I took it, nor if there now.
HENRIETTA HEADLANDS . I live at No. 5, Windmill-lane, Camberwell—that is nearly opposite Carpenter's-buildings—I cannot see No. 6 carpenter's-place from my house—I known the female prisoner Gale perfectly well—I saw her in the neighbourhood about Christmas last—the last time I saw her before Christmas-day was on Christmas-eve—that was on Saturday, from half-past ten to half-past eleven o'clock io the morning—I cannot speak nearer—she was it the garden of the house No. 6, Carpenter-buildings, standing carelessly at another person might be—I had known her some considerable time before—I may venture to say near upon twelve months—I did not speak to her—the door of the house was open—I never knew her except as Mrs. Greenacre, until very lately.
Q. Have you ever addressed her by that name? A. I have never had consversation with her except, "Good meaning, it is a fine day"—she always passed by that name—I saw her no more that day—I saw her next on boxing day, Monday—I was in Mrs. Dillon's company, and her husband also, on Monday, and saw her from a quarter to seven o'clock till a quarter after, in the evening—it was quite dark—she was coming, in a, direction from Mr. Greenacre's door, down the garden—I am quite sure it was her
—her little boy was screaming violently—she came in a direction from Mr. Greenacre's door, and the door was wide open, and a great reflection of light passed from the house on to the garden—I noticed that she had a bonnet on carelessly—she took the child up in her arms, and the words the repeated were, "You naughty, cross child"—I saw no more of her—I pasted on—I saw her again on the Wednesday following, in the garden of the same house—I did not see Greenacre then—it was before dinner, between ten and eleven o'clock in the morning—nothing whatever passed between us—I did not see her there on any day that week, at the same time as Greenacre—I can undertake to say I have seen them there together both before and after Christmas, at the house—on the Friday week before Christmas I saw them both together—she had a dark, common print on when I saw her in the garden on the Wednesday—she had no bonnet on (*) Wednesday—she was dressed as a person would be it places where they lived—I remember seeing Greenacre carrying a blue merino bag in the Christmas week—it was after the Wednesday—it might be Saturday, but when I cannot say—I mean the week after Christmas day—he came down Carpenter's-place before me, and went into the house we call his, No. 6—they usually lived in the front room down staira—I noticed the shutters of that room being shut in the week after Christmas day, for three Off four mornings—they were shut at the time I saw Greenacre carrying this bag—I cannot say whether the shutter were shut on either of the occasions that I saw Gale there—this was a common merino bag, such as most tradesmen as most tradesmen are in the habit of carrying—it might be a little larger than this one, (looking at one as the table) and of a different colour—it was blue—when he got to the house with the bag, he took the key with his right hand from his pocket, and unlocked the door—he had the bag in his left hand—he let himself in—he took the key out from the front, and went in and shut the door after him—I did not see him come out—this was either Friday or Saturday sit Christmas day—it was in the Christmas week—after this the house was to be let—I went to the house with Mrs. Dillon to look at it—I cannot exactly say how soon after, but imagine it might be three weeks after Christmas—the house was fumigated from the top to the bottom with brimstone—it smelt as if it had been so—the prisoner Gale was in it, and her little boy—the fireplace was barricadoed up in the front room, except a small space—I thought I should not be able to put coals on the fire unless it was removed, though there was a fire in the room at the time—I could not see the hobs nor any part but the front of the fire—the boards came up as high as the chimney-piece—the boards reached from the hob to the mantel piece—not from the ground—Mrs. Gale had every appearance of living there then, and in fact she said she was.
Cross-examined by MR. PRICE. Q. Are you married, or single? A. Single, and live at No. 5, Windmill-lane—I knew Mr. Greenacre and Mrs. Gale as neighbours—I never had any conversation more that good morning and good evening—I had lived in Carpenter's-buildings previous to my living in Windmill-lane, with Mrs. Dillon—at that time Mrs. Dillon lived at No. 9, Carpenter's-place, on one side—Mrs. Dillon and I were intimate acquaintances—I was living at her house—I went to look at the house No. 6, to take it for her, and for me to be a lodger with her—I should consider that I stopped in the house from twelve minutes to a quarter of an hour—I went up stairs into the front and back rooms—they were furnished—there was a bed in each room, and chairs, and boxes, and the house smelt of brimstone—Mrs. Dillon made no observation about that—I made an
observation to her immediately I came out, but not before—I asked her if she smelt it, for I was coughing violently from the perfume—I have seen fire boards, but never saw one fitted in exactly as this was—there was a moderate fire, as poor people usually keep—the screen was wood I believe, but I was not near it—it was not burnt, because there was a place cut out, as if it was meant to replenish the fire—I did not know Mrs. Gale's name, farther than calling her Mrs. Greenacre, merely because she lived in Mr. Greenacre's house, and I always understood she passed as Mr. Greenacre's wife—there was a bill in the window for the house to let—the gate of the garden is generally shut—I cannot say whether there is a fastening to it—I believe there is a simple fastening—children play about there—I cannot say I ever saw them in the gardens, not in Mr. Greenacre's garden—there was only his own, child, and I suppose he did not like to be annoyed by other people's children—the garden was not in a dilapidated state—I consider Mr. Greenacre's was in the best situation—he had taken a great deal of pains with it—I saw it this morning—it is now in a dilapidated state—I was in the house this morning, with Mrs. Dillon—I saw Mr. Dillon there—we hare not been talking of this business, at all—I have mentioned it, because I went for Mrs. Dillon to come here—that is all I said about it—I had only a passing acquaintance with Mrs. Gale—that is all—we never had a few words together—the fire-place was barricadoed as I never saw one before, with the fire in it—what I mean is, I that there were boards before the fire—I thought it probable that the fire-place might smoke—the place smelt full of brimstone.
FRANCES ANDREWS . I am the wife of Joseph Andrews, a shoemaker, I lived at No. 11, Carpenter's-place, till a fortnight last Saturday—I lived there for some time last Christmas, that is, on the opposite side to No. 6—I had lived there twelve months on the 14th of last December—I know the two prisoners—I knew the woman by the name of Mrs. Gale all the tine I was there—I had not known her before—our side of the way is better supplied with water than theirs—there is none on their side—our water is laid on—I was living in friendship with Mrs. Gale, getting my living by shoe-binding—she used frequently to come to my house for water, and sometimes I have fetched her when I have found the water was on—I remember her coming the week before Christmas—before the 18th—it was not on a Saturday—it was one day in that week—she came for water—I could not supply her at that moment—she did not call on me after that for water—she did not come to me for any thing after that; only on Sunday, the 18th, she came and asked me to lend her an iron—on that day I saw a female go to her house in the afternoon—she was rather broadish across the shoulders, and rather darkish—I saw her in the afternoon in the garden, and after that I saw her go in-doors—I saw her before the shutters were shut, but not afterwards—she had a pea-green gown on, and a cap on—I did not see her is a bonnet—I did not see her go there, but only saw her when she came out—she was rather stout and broadish across the shoulders—I rather think her gown was silk, but I was not near enough to know—she was not a short woman—before that, Mrs. Gale had said to me, if I had any water, she was going to wash a pair of sheets, as she had got a visitor coming—I cannot say what day that was—it was before the 18th—she said the was coming to stop two or three days—I asked her whose visitor she was—she said, "Mr. Greenacre's"—she said she was to sleep with her—I cannot say whether the woman who came on sunday, the 18th, went away at all—I never saw her afterwards—I saw
Mrs. Gale afterwards, in the course of the week, before Christmas day—I saw her little boy in the course of the week—nothing passed between us—I saw her on boxing day—I did not see her the day before Christmas day, to my knowledge, the day after Christmas day I did—I observed nothing particular about the appearance of the house on Christmas day—I saw the shutters shut, but that was not unusual, if they went out—the shutters were shut on Christmas day—I noticed them in the morning, but did not notice after—she had not been to me for water on the Saturday, to my knowledge—I did not see her at all on Christmas day—on the following day I went over and saw Mrs. Gale, but nobody else—I cannot say what time it was—it was before dinner—it was boxing day—the windows were a little way open, but not entirely—I taw Mrs. Gale—I took the little boy a bit of plum-pudding—I did not see the boy nor Greenacre—I saw Mrs. Gale—I said, "I thought you were out yesterday, by the shutters?"—she said, "No, I was not"—that Mr. Greenacre was gone out to dine where her boy was, but she was not inclined to go—I told her I thought she was out by the shutters being shut—we had this conversation in the house—I afterwards went to her about water, I think, on the Wednesday—the water was coming on—I had thawed my water—I went over, knocked at the door, and it was opened to me—Mr. Greenacre was striking a light—he opened the door—I did not speak to him—I said, "Mrs. Gale, the water is on, if you wish to have any"—Mrs. Gale was there, as well as Mr. Greenacre—she was putting some wood into the grate—I was coming back again, and Mr. Greenacre called me back again and gave me some whiskey—Mrs. Gale was present all that time—this was Wednesday after Christmas day, the 28th of December—in the course of that morning Gale came to my house, and asked me to let George stop with us, as she was going out a little way—that was her little boy—I do not know the time—I told her I would let him stop, and be frequently came and stopped—she left some bacon and bread for him, while he was there—I never heard any more about the visitor—Mrs. Gale came back for the boy in the evening, some time after dark—when she got him I cannot tell whether she went over to Mr. Greenacre or not—I left that place about a fortnight last Saturday.
Cross-examined by MR. PAYNE. Q. In that Christmas week, were there persons occupying the houses on each side that in which Greenacre lived? A. Yes; and they are occupied now by the same persons—Mrs. Folt and Mrs. Brigden lived on each side—I did lot know where Gale lived during the latter part of that Christmas week—I did not know she was absent from there—I do not know where she lived from the Thursday before Christmas—I never saw her sleep there at all—one of the persons who occupied the house on one side of her is outside now, waiting—I have not seen the other—I am positive that the conversation I have spoken of as occurring on boxing day, about Mrs. Gale being at home on Christmas day, related to Christmas day.
THOMAS CLISSOLD . I live at No. 1, Pitt-street, Camberwell, and am a shoemaker. I know the prisoners at the bar—I became acquainted with them on moving their goods, about a week after Christmas—I happened to be going down Bowyer-lane at that time—Greenacre was an entire stranger to me—it was between nine and ten o'clock in the morning—as I went down Bowyer-lane, Mr. Greenacre met me at the top of the saw tapped me on the shoulder, and asked me if I wanted a job—I told him yes—we went up Windmill-lane, and before we got to the top of
lane, we met a boy—he asked him if he would come to assist—the boy said yes, and we both went to the top of the court, and there we found a truck at the top of Carpenter's-court, down Carpenter's-place—he put the boy in possession of the truck, to mind it, while he and I went down to the house, No. 6—when I got there, I found every thing was packed up, boxes, bedsteads, and bedding, all packed up—I think there were three boxes—I am sure there were three—Greenacre helped me out with the large box, which was the first, a little to the end of the garden—I then put it on my shoulders, and carried it to the truck—I fetched two more afterwards, and put them on the truck—then the bed and bedstead, and two or three chairs—Greenacre assisted me to tie part of the things into the truck—at this time I thought he, Greenacre, trembled exceedingly—he was very much agitated at the time he was assisting me to tie the things in the truck—after the things were tied up, he said, "Now I am going to leave the country, all is right"—the woman Gale was by the side of him—when he made that observation, Gale exclaimed, "Ah! you have done for yourself"—I and the boy went on with the truck to the last turning before you come to the Elephant and Castle, at the left-hand side, along the Walworth-road—the two prisoners accompanied me—Greenacre on one side of the pavement, and the woman on the other—I and the boy were in the road—there is a turning on the left-hand side just by the Elephant and Castle—when we got there, Greenacre said he would dispense with our services, and he was going to part with part of his furniture there—the boxes, he said, he should take himself to the Docks, and the truck he, should bring back himself—we had then missed the woman—we had lost sight of her by York-street, in the Walworth-road, and I never saw her spin till she was in custody—he did not say where he had disposed of or sold part of his furniture—there is a kind of picture shop where we stopped, where they sell pamphlets—he did not go into that shop before he said he would dispense with our services—he gave me 3d. at first, and the boy 2d., but after some cavilling, as I was dissatisfied, he gave me 6d. and the boy 3d.—this was in the Christmas week.
Cross-examined by MR. PRICE. Q. Were you out of work at that time? A. Yes—I am not out of work now—two policemen called on me to attend here—my first examination was at Union-Hall—they called on me because there was a quarrel between two women in the street, and one went and gave information to the police that I helped to move the goods—I had nothing at all to do with the women—it was the mother of the boy who helped me who was quarrelling—I do not know where that boy is—he is not here to day—I have seen him since—he came to Marylebone, but he was not bound over—I know nothing about him now, no more than he is a neighbour living very near where I live—he may be here to day if he is called on—I was walking carelessly down Bowyer-lane, and Greenacre came out of Windmill-lane—he tapped me on the shoulder, and said, "Do you want a job?" and I said, "Yes"—I did not observe any agitation when he tapped me on the shoulder—the woman walked on one side the pavement, and the man on the other, and I and to boy in the middle of the road—when I had done the job, I quarreled about payment—he paid the money—I did not perceive any great agitation then—he seemed to be in a great hurry—the agitation was not so violent as to keep him from wishing to save his money.
COURT. Q. Is there not a furniture shop, broker's shop, close by
the place where the truck was set down? A. Yes—where old furniture is bought and sold.
THOMAS HIGGINS . I worked for a mangle maker of the name of Ward I know this sack—I know it by the string of my apron—sometimes I wanted a string to tie a sack of shavings, and sometimes I was short of a bit of cord, and I took the string of my apron, and tied it to the sack—here is the string of my apron in it now—I remember using that string with the sack—I should know the sack without the string, but I know it better by the string, and I know it by the holes in it, which I used to cut with the chisel—the sack does not belong to roe but to my employer—I said I could make use of it in taking shavings out to sell—I used it sometimes once a-week, and sometimes twice a-week, for the space of two years, constantly—there are holes made in it by my child—here is one, but it is torn now—here is another, which was cut with my teeth, when I could not get a small chisel to put into it—I made the holes to put the string through, to tie the sack shavings up with—there is nothing more by which I can remember it—the sack was kept down in the manger of Mr. Ward's premises, in a stable—I go through that to go to the workshop—persons coming to the shop must come into that stable before they come up stairs into the shop—I know the prisoner Greenacre—I have seen him come to Mr. Ward's, whose premises are in Chenies-mews, Chenies-street, Bedford-square—I have seen Greenacre go up stairs to the workshop—a fortnight before Christmas day I used this sack—in the Christmas week I wanted it, and found it was gone—I do not know the day—I looked for it, but could not find it—I had put it into the manger, when I had done with it, a fortnight before—I took no notice of it afterwards—I asked Mr. Ward where the sack was—that was at the time when I first missed it—I wanted it to sell some shavings in—I cannot tell what day it was that I spoke to Mr. Ward about proposing to take out the shavings—it was in Christmas week—I noticed Greenacre at Mr. Ward's premises the week before Christmas day—Mr. Ward has now gone away—I do not know where he is gone to—I see no shavings in the sack now—I used to carry shavings of beech in the sack, and some times birch, and sometimes African mahogany shavings—the shaving is not caused by the plane—we generally use a scraper to fine wood, and plane the coarse wood—I used to sell the shavings of beech and mahogany—I call it all shavings, whether produced by a plane or a scraper—that produced by a scraper is the finest of shavings—it is very thin scrapings, very fine—they are sold merely to burn—I sell the shavings to a baker to burn.
Cross-examined by MR. PRICE. Q. Let me see the sack; are there any marks about it of pots and kettles? A. I never knew any in it—Mr. Ward is a mangle-maker—he was an acquaintance of Mrs. Brown's—I think he had known her for a length of time—I cannot say how long—I have known her for four years visiting Mr. Ward, backwards and forwards, long before any thing was known of the prisoner—it was not her that brought the prisoner to Mr. Ward—Mr. Ward, I believe, recommended him to the deceased—Ward did not tell the prisoner in my presence that he was going to America, but Ward himself told me so—I do not know whether he is gone there—I never saw the sack in Mrs. Brown's possession—I cannot tell whether Mr. Ward gave it her to remove her pots and kettles in from Carpenter's-place.
Q. Was Mrs. Brown in the habit of getting shavings constantly from
Ward? A. When we had a boy we used to tend shavings up to Unionstreet I usually sent them in sacks—I cannot say that this sack was ever there for that purpose at any time—I never took her any shavings in sacks—this sack sight have gone to her with shavings, but it always came back again.
MR. BODKIN. Q. When you sent out shavings, was the sack always brought back? A. Brought back always.
HENRY WIGNAL . I live at No. 56, Portland-street, Walworth. I know the prisoner Gale—I know both the prisoners—Mrs. Gale came to lodge it my house on the 22nd of December—she took the buck parlour, unfurnished—my wife was there when she came in—she slept at out house that night—I first saw the prisoner Greenacre at our house the text morning, about nine o'clock—that was the 23rd—he brought a bundle with him—I was at work at the time—I saw him there on Saturday the 24th, in the morning—on the evening of Saturday Gale was out—the came home about half-past nine or ten o'clock—I cannot tell what time she went out—she slept there that night—the next day, Christmas day, Greenacre came to our house, between one and two o'clock in the day, it was Sunday—Gale was then at home—they dined together—they went out in the evening, but whether they went out both together I cannot say—it was towards the evening that they went out—I cannot say the time—Greenacre was at my house during the Christmas week—he slept at my place two nights, the 31st of December and the 1st of January, and moved on the next morning—the 1st of January was Sunday—on the 1st of January I was in my own room, up stairs, reading the newspaper—he was in Mrs. Gale's apartment—I was reading the newspaper that morning to my wife, and a friend of mine, and my sister—I read of the trunk of a body being found in the Edgeware-road.
Q. Did you read loud enough for the prisoners to hear you? A. They must have heard me read it—they had the door of their room ajar, and must have heard me—they staid there all day, and slept there all night—they did not say a word about this trunk that was found.
Cross-examined by MR. PRICE. Q. Mrs. Gale came to you on Thursday, the 22nd of December? A. Yes—she did not sleep in the home every night—she slept out of the house on the 26th of December, which was boxing-night—that was the first night she slept out after she came to live with us—on the Thursday, Friday, Saturday, and Sunday, she slept at our house—they went out on Christmas day, in the evening—I cannot recollect when she returned, but I should say, as near as I can guess, about six or seven o'clock—I dare say they might have stopped out an hour—I almost forget—very likely Mrs. Wignal may know something about this—I know we were not out all day, only in the morning—Gale was not out very long—the slept in the house that night—we are very regular, early people in our house—Mrs. Gale was a very quiet, well-disposed person—I cannot say that I observed any alteration in her appearance or manner from beginning to end—we did not entirely approve of Mr. Greenacre coming to our house at all—that, and her stopping out on boxing-night, occasioned on giving her notice to quit altogether—boxing-night was the night after Christmas day—it was a particularly cold, sleet, and inclement night—Greenacre dined in Mrs. Gale's apartment on Christmas day—I was not in the room when the dinner was cooked—he came between one and two o'clock, to the best of my recollection—we dined ourselves about one o'clock—upon my word, I cannot recollect whether he came before or after
our dinner—Mrs. Gale went out to buy something for dinner—I believe it was part of a scrag of mutton, according to what my wife tells me, but I did not see it.
COURT. Q. You mentioned boxing-night, and then again you named the 31st of December and 1st of January, was Mrs. Gale there during the whole of that week you say she left on boxing-night? A. She slept out on boxing-night—I let her in about seven or eight o'clock the following morning, and gave her warning to quit for stopping out and leaving the child in-doors all night—whether she went out again that day I cannot say but the following Thursday she came up and paid me my rent, and then went down stairs and took her child, and was out all day and all night, and came home on Friday—I did not let her in myself on Friday.
SARAH WIGNAL . I am the wife of Henry Wignal. The female prisoner came to lodge with us on Thursday, the 22nd of last December—I myself let the lodgings to her—she described herself as a widow woman—she did not give me her name—I know the male prisoner Greenacre—he moved her in that evening—she came into the apartment in the daytime, and between six and seven o'clock in the evening he helped her to move in with another man, with a horse and cart—she slept in the house that night—die next day the male prisoner brought a sort of a bundle, it appeared in the shape of a quartern loaf, and appeared one—she slept at our lodgings that Friday night—on Saturday, the 24th of December, Greenacre came again, in the evening—I cannot exactly say at what time—it was towards evening—on Christmas day Greenacre dined with her—on the following day, which would be boxing-day, Gale went out in the evening—I cannot exactly say the time; it was between six and seven o'clock, or it might be eight o'clock—she had a little boy.
Q. What was done with the little boy? A. She took the boy with her.
Q. Did she come home that night? A. Yes.
Q. What, on boxing-night? A. No, she did not come home on boxing-night.
Q. Was the child left behind, or did she take it with her on boxing-night? A. Yes, she took it with her—no, I beg your pardon; she locked the child up in the room—she put it to bed between six and seven o'clock, and locked the door when she went away, she did not come home that night, nor till between seven and eight o'clock the next morning—on her coming home, I gave her notice to quit—she was to leave that day week—on the following Thursday she came up and paid the rent, and took her little boy away with her that morning at nine o'clock, and did not come back again any more till the next morning—I do not remember any thing about new year's day—Greenacre slept there two or three nights during the time she was at my house, in her room—she left for good on the Monday morning—Greenacre slept with her on the Sunday night, as she moved on Monday morning—Greenacre took her goods away for her when she left.
Cross-examined by MR. PRICE. Q. The notice to quit proceeded from you I believe? A. Yes—the woman did not leave of her own accord—I was dissatisfied with her stopping out all night, and with Greenacre being there—when I gave her notice to quit Mr. Greenacre came and fetched her away—she was in the habit of dining at home every day—she used to go out occasionally, to get things in—she slept at home every night until Monday, boxing-day—she always conducted herself as a quiet, orderly peaceable woman—she was a woman living very abstemiously and sparingly
—she bad a small dinner on Christmas day—it was boiled turnips and a scrag of mutton, about one or two pounds, with her child—that was all her dinner—Greenacre dined with her that day—he came at dinner-time, and dined with her—I cannot say positively whether she went out at all on Christmas day in the evening—Greenacre came between twelve and one o'clock, or it might be two o'clock, about the time we were getting our dinner ready—between one and two o'clock—Greenacre stopped all the afternoon, I believe, till about nine o'clock, or between nine and ten o'clock, then he went away alone, leaving Gale in our house, where she slept that night—I cannot say whether Gale left the house at all, after Greenacre came there, on Christmas day—I cannot say whether she did or did not—I have no recollection on the subject—I was at home all day—one or the other was there the whole of that day—I cannot say whether Mrs. Gale left the house in the course of that evening or not—I do not think she went out at all.
Q. Supposing she had left the house then, Greenacre would have been left behind? A. I do not think she went out at all.
MR. CLARKSON. Q. Whether she left with Greenacre, or without him, or at all, you cannot say? A. No—I knew her only eleven days—she represented herself as a widow—she slept out the fourth night that she came, and he slept with her two or three nights.
Q. It that what you mean by being a peaceable, orderly woman? A. She was a person we did not approve of—there were two pounds of a neck of mutton and turnips between her and Greenacre—I cannot say exactly—there might be a pound, or a couple of pounds—there was but a very little bit—on the evening of that day Greenacre left, about nine or ten o'clock—I cannot say whether Gale went with him.
COURT. Q. What was the age of the child? A. Three or four years—it was a boy—on boxing-night the child was left at home when she went out—I did not see it in bed, but heard the child crying "Mother, "about eight o'clock, after she was gone, and several times during the night, the child cried out "Mother."
JURY. Q. The child, on the evening of boxing-day, slept at home at your house, you have no doubt? A. Yes, on boxing night I know it did, because the child sung out "Mother" in the morning the moment she came in it the door.
COURT. Q. What time did Mrs. Gale go out on boxing-night? A. Between six and seven o'clock in the evening, after putting the child to bed—I do not recollect whether she had been out before that with the child—I do not know where Carpenter's-buildings is myself.
JOSEPH KNOWLES . I am a pawnbroker, and live in Bolingbroke-row, Wilworth. I produce some articles which were pledged at my shop on the 17th of January—I took them in myself, of a female—I have seen the female prisoner before, and have every reason to believe her to be the person I took them in of—I believe her to be the person—she gave me the name of "Mary Stevens, 9, East-lane, Walworth"—I believe I have seen her before, but I have no recollection of her having been a customer—I produce a pair of shoes, two veils, and a handkerchief—they were wrapped up in an old silk handkerchief—I have got that handkerchief—I examined it after the inspector called to see it—in folding it up I perceived several stains of what I think to be blood on it—these holes in it appear to me to burnt—they are where the stains are which I conceive to be blood.
Cross-examined by MR. PAYNE. Q. How much did you advance on
these things altogether? A. 2s.—they are worth about that sum—then is something among them worth nothing at all—the marks are where the holes are in some part of the handkerchief—those marks are on the hand kerchief now—any body that has got eyes can see them.
GEORGE FELTHAM . I am an inspector of the T division of police. On Saturday 25th of March I received a warrant for the apprehension of Greenacre, and proceeded with it to the neighbourhood of Kennington—I went to Carpenter's-place to make inquiry, and on the Sunday I went with the warrant to No. 1, St. Albanstreet—I got there about half past ten or a quarter to eleven o'clock at night—the door was opened by the landlord of the house—in consequence of what he told me, I went to the parlour door, which just inside the street door—I knocked at the door, and called "Greenacre"—a voice from within said, "Yes, what do you want?"—it turned out to be Greenacre—I said, "I want to speak with you, open the door"—he said, "Wait a bit while I get the tinder-box and get a light"—I did not wait—I heard him moving in the room, as if he had just got out of bed—I lifted the latch of the door, and, it not being fastened, I went in—the root was dark—I found him standing in the room—the door fell back towards his elbows—he was standing in his shirt in the room—I laid hold of him by the arm, and he said, "What do you want?"—I said, "I have a warrant to take you into custody for the wilful murder of Hannah Brown"—by this time a light was brought from down stairs by the laid-lord—when the light was brought, I read the warrant to him, or partly so—I then said, "Do you know a person of the name of Brown?"—I said, "Do you know Hannah Brown"—he said, "No, I know no Hannah Brown"—I said, "Were you never asked in church to a person of that name?"—he said, "Yes, I was"—he was then putting on his stockings—I said, "Where is she now?"—he said, "I don't know, and you have no right to ask me those questions"—I said, "I don't mean to ask you any more questions, and I caution you what you say to me, for, whatever you do say to me I shall be obliged to repeat elsewhere"—I then searched his trowsers, which laid on a box by the side of the bed—I had not noticed Gale at that moment—just about the time I took the trowsers off the box, I saw the woman Gale in bed in the room, while I was in the act of taking out of his pockets whatever might be in them—I said, "What woman if thay? "—he said, "Why, that is a woman that comes to sleep with me"—I said, "She must get up alto, and dress and go with me"—as I was speaking thus, I saw, or rather heard, the rattling of something in her hand like a watch and I said, "What is that you have in your hand? let me see it," and she handed me this watch—I put my hand towards the bed, and she handed me the watch—in so doing, I saw that she had two rings on her finger, and I took them off at the same time—she then got out of bed and dressed herself—I then turned my attention to Greenacre's trowsers pocket, from which I took this pinchbeck watch in a leather bag—he had this purse with one sovereign in it and a cornelian stone, and there was a half-crown loose in his pocket—the cornelian stone bears a crest and the initials J. G., as it appears to me—I also found this bunch of keys, eight in number, a spectacle-case, and a pencil-case—Gale got up and dressed herself—she had put on her pocket, and I said, "Stop, what have you got in your pocket. I took from her pocket these two duplicates, these two ear-drops, which are cornelian set in gold, 2s. 5d. in money, and these keys—one duplicate is dated 17th January, 1837, for two veils, a handkerchief, and a pair of shoes, pawned at Mr. Knowles's, 19, Boling broke-row, Walworth
in the name of Mary Stevens—the other duplicate is for a pair of shoes pawned on the 9th of April, 1830, for 1s. 6d.—I found a third duplicate in this pocket-book, which I took from Greenacre's coatpocket—it is for two silk gowns pawned on the 6th of February, 1837 for 14s., At Franklin's, late Harrison, Tottenham-court-road, in the name of William Green—after they both had dressed, I sent for a coach, and as they were both coming away the female prisoner said, "Oh, there is my child in the next room"—I said, "Child?"—"Yes, said she, "I cannot go without my child," and the male prisoner requested to have a great coat out of a box which was corded—I at first refused to open the box for it—he seemed anxious for it, and I uncorded it, and gave him the coat—I did not bring the boxes away then—a coach came, and we got into the coach together—I locked the rooms, and took the keys with me, and drove to Paddington station-house—before we left the lodging, after he was dressed, and had put on his great coat, and while the child was being dressed, he said it was lucky I had come when I had, for he should have been on the quay to morrow, for he was going off to-morrow morning, at nine o'clock—he did not say where he was going—I went to the lodging again at six o'clock next morning, having kept the key the whole time—I started from Paddington at six o'clock that morning, and went to the lodging—I unlocked the boxes which I found in the room—four of them were locked and corded—one which stood by the side of the bed was not locked nor corded—the bed was on the floor, not on a bedstead—I unlocked the several boxes, and took out such articles as I thought probably belonged to the deceased, and among them was this boa, and this silk cloak—they were both wrapped together in a bundle—this shawl and this white dress I also found, and this saw I found in one of the corded boxes—there were many other things, but I only took what I thought material—I did not find any thing else then—I could not stop longer—I went again on the Tuesday, the day following, in company with the friends of the deceased; her own brother, Mrs. Davis, her sister-in-law, and three or four persons, witnesses, who have been here—I then unlocked the boxes, and found some articles—this handkerchief was in one of the boxes, and this collar laid on a recess, with some glasses, by the side of the fire-place, and this handkerchief I found in one of the boxes—it appears to have a stain of blood on it—it is a handkerchief which females wear on the neck; and this small crape shawl I also found, which was identified—in the back room, (which the male prisoner said was the female's room, on the night of their apprehension,) I found in a box this box of cards, and another box with some bits of ribbon and trivial things in it—I also found a trunk in the same room—it is a wooden trunk covered with paper—there are some pieces of huckaback in it—I should say some of the things are new, and some have been used—on the Tuesday, in the box which stood by the side of the bed, I found this pistol, in a till at the end of the box, (the box was not locked,) and the ball was in it—it has a percussion lock—I also found this French knife in the same box, and across the box laid this stick—it was too long to lay along, and it laid corner ways—it is a sword-stick—found some bullets which had been very recently made, and were made very roughly—that was all I found—I brought nothing else away at that time—I have fetched the whole of the property away since that, and it has been lodged in the station-house—the things I found were produced to the friends of the deceased at the next examination, and they pronounced their
opinions on them—they have been in my care ever since, unaltered and untouched by any body—(producing them).
Cross-examined by MR. PRICE. Q. You received a warrant to apprehend the prisoner; it was obtained on your own application, was it not? A. It was—I am not aware that I have ever given a different account of this transaction—I am quite sure the expression I used when I entered his room was, "I am come to apprehend you for the wilful murder of Hannah Brown"—I should not think I said "I am come to apprehend you on suspicion of a murder"—I have never said that I did say so—I am sure of that—quite sure—I never said that to any person whatever, on any occasion, that I am aware of—I do not think I could have said so—if any person should say so, they would be mistaken—my words were distinctly "For the wilful murder of Hannah Brown"—I read the warrant to him—I turned my head when I first saw the female—I heard the watch rattle—she had it apparently in her hand, and I heard the trinkets rattle against the watch—it was a silver watch and appendages—I demanded it, and she gate it up—this is the small pinchbeck watch that I took from the male prisoner's trowsers, which he put on and wore to the station-house—there are some stains on this blue handkerchief, apparently like blood—they appear to me to be so—I cannot say they are like any other stains—it appears as if blood had been on and wiped off—they are the colour of blood—it is a crimson colour—as though blood had been on it and wiped off with a silk handkerchief, a cotton one, or something else—the stain is not exactly crimson—it is that sort of stain blood would leave—I do not know that a gooseberry tart would leave such a stain—I will not undertake to swear what the stains are—I thought they were blood when I first saw them, and I still retain that is pression—they appear to me the sort of stains that blood would leave—port wine might leave such a stain—I got this paper box out of the back room, called the woman's room—there was another box in that room—that is at the station-house—I have kept the articles I received from the women separate from those I received from the man—I believe the huckaback was in one of the corded boxes—these two small boxes were in the wooden box covered with paper—the other was not empty, but that was nothing in it which the deceased's friends thought material—there was some children's wearing apparel in it, and a woman's gown—it was nearly full, I believe—the contents of that box are now in another box—I have kept them separate, so as to distinguish them.
Q. Now, after having been to St. Alban's-place, did you go back again to Camberwell? A. Yes, and I searched the house, in the absence of the prisoners, at Carpenter's-place—I had been to Carpenter's-place before, but not to enter the house before—I did not get information that the man had gone to St. Alban's-place, from any body at the house—one of these watches has been identified as the property of the deceased—that is the pinchbeck—I am not aware of the value of that—it is a common, rather oldfashioned watch—the pistol I have produced has no powder in it now—I had—I cannot tell what quantity there was in it when I found it, for I took off the cap and put it into my pocket—when I first examined it I perceived there was powder in it—that was when I got to the station I discovered a small quantity in it then—I should say one third of a charge—it is a percussion lock—I did not examine my pocket to see if there was any powder there—there was not a full charge in the pistol certainly, when I examined it
MR. ADOLPHUS. Q. Have you, in the course of your life, seen stains of blood on silk or linen? A. I have these stains appeared to me to be blood when I first saw them, and I am of the same opinion still—I am rather of that opinion—I have seen stains of fruit and port wine and many things—on silk and linen—I should think I could tell the stain of port wine on silk of that colour—I searched the house at Carpenter's-place when I went again—I did not find or bring any thing away from there—I looked at the room and shape of the place—my first object in going was, expecting I should find some stains of blood or something—I went to examine the house—I should not think that taking the percussion cap off would enable the powder to escape from the pistol, because the cock was down—whether it had been actually full I cannot tell.
MR. PRICE. Q. Were there other carpenter's tools there besides the saw? A. There was a coarser saw, and other carpenter's tools, but they are not here—I did not think it right to bring them.
COURT. Q. Did you find in some of the boxes several other carpenter's tools? A. I did—I could bring them to-morrow, if they are wanted.
REBECCA SMITH . I live with my husband, James Smith, at Wyndham, in Norfolk. The deceased, Hannah Brown, was a sister of mine—her maiden name was Hannah Gay—I know this paper trunk—(looking at it)—I knew it in my sister's possession—I believe this card-box was hers—I saw it last October two years—my sister was then living at Mr. Perring's, and I was stopping there a fortnight with her, and the card-box stood on the table in her room, where I slept with her, and I saw her use it of a morning, when she put her things on—(looking at Mary Ann Bale)—I know that young girl—she is the daughter of my sister, Sarah Gay—whose name is Bale, now—that girl has been living in Norfolk, latterly—my sister Hannah used to call her herdaughter—she stood god-mother for her—the girl's father died nineteen years ago—he was killed on the 9th of February—the was very young then—her mother was in the family way, and she left about a month after her father was killed—this girl was always noticed, and called as Mrs. Brown's child—she has since been in service—I never heard of my sister Hannah having a daughter, or any one she called her daughter, except that one—I never heard of her having a child of her own.
Cross-examined by MR. PAYNE. Q. Had you ever seen the trunk before you came to London to your sister? A. Yes—at different times—I speak to it by a particular mark and some work that is in it—it was seen with some waxend—it was broken by the luggage being on it when she came down into the country, and we put it together with some waxend, and plastered it together with paste—I have seen that box, and examined it within the Iast fortnight—(looking at it)—I know it by the hinges and this part here—it was done four years ago last Michaelmas—I saw it at the place the policeman took me to, and examined it there minutely—I have never expressed any ill-will against the prisoner—I never saw the man but twice.
Q. Now, with respect to your niece, where does your sister live, whose daughter she is? A. I cannot say the name of the place, but it is within eight miles of Yarmouth—I cannot say how long the girl had been with her aunt Hannah, because I was not in London—I have not been in London since last October two years—she lived with her mother a good while, and she went to service—my sister Hannah was then in London—the girl was at service at Wyndham—I do not know how long she was with my
sister after she was up here—I know nothing about that—the girl was always in service.
HANNAH DAVIS, JUN . I am the daughter of Mr. and Mrs. Davis, who have been examined. I knew Mrs. Hannah Brown—I was to have been bridesmaid at her intended marriage—she had such a shawl as this—(looking at it)—I think she had it on the last time she was at our home, on Thursday evening, the 22nd of December—she had such a boa as this—I do not remember whether she had one on that night—she used to wear it in general when she came to our house—I saw her in it a short time be fore Christmas—she had such a collar as this—of this pattern—I know the pattern of the work—I remember that—I do not remember whether she had that on on the 22nd—I have seen her wear it often, and generally when she came to our house—she had such a white gown as this—it is made of jaconet muslin—this is the way it was made—she wore it when she used to go with us to Gravesend—I have seen her several times in it—she had a white veil, but I cannot swear to this—this black veil is like hers—she had a black lace veil like this—it was dotted exactly like this, and there was a tear in it, which is here—it has been mended—that enables me to recollect it distinctly.
Q. Now, did you, after the marriage had gone off, at any time go to Paddington workhouse? A. I went on Good Friday, and saw the head of a female there—it resembled that of Mrs. Brown's—the hair was like hers in colour, and the eye was like hers—I had seen her frequently in life—I believe it to be the head of Mrs. Brown.
Cross-examined by MR. PRICE. Q. That is a very common boa, I believe, is it not? A. No; I do not think it is—it is a good one of the sort, there are different qualities—there is nothing uncommon in it—she had one like it—I never saw but one collar like this, and she used to wear that repeatedly at our house—I had known Mrs. Brown for five years—I believe she was a healthy, strong woman—she was tall and stout, and of a vigorous frame—she was a very hard-working woman—I remember her living at Mr. Perring's, the hatter—I do not remember seeing that covered box among her things, but I did not take particular notice of her boxes—I have seen her several times at her house—I slept with her once in Union-street, and I visited her very frequently.
Q. Did it not occur to you as extraordinary, that you heard nothing more of the marriage? A. Mr. Greenacre came and said it was put off—I had no curiosity to know any thing about the reason of its being put off—I did not see him, my mother saw him—I made an attempt to find Mrs. Brown—I went once to Mrs. Blanshard, in Goodge-street, Tottenham-coot road, where her brother lived—I only went once to inquire after her myself—we thought that she was ashamed to come, on account of her great disappointment in not being married—I do not know Mrs. Giass of Windmill-street—I never heard Mrs. Brown speak of her—I knew some of Mrs. Brown's friends and acquaintances—I knew Mrs. Blanshard and Mrs. Ellener—Mrs. Blanshard was intimate with her—I have not seen them much together, but I believed them very intimate—her brother lived as servant to Mrs. Blanshard—I did not know they were at variance—I had heard they had had a few words, but did not know exactly that they were at variance then—I did not know that they did not associate—I heard nothing of that from Mrs. Brown herself—I have heard her talk of it, but did not know they were it variance at that—I do not know how Mrs. Brown came to visit Mrs. Blanshard and not her brother—I have
been to Mrs. Blanshard's with her—I do not think her brother was in town when I went there—I went to tea there once, before he came to town.
Q. When you read the account in the papers of a person missing, did—it never occur to you that it might be Mrs. Brown? A. No—I first learnt that Mrs. Brown was missing, on the Sunday before Easter Sunday, from the brother who went in search after her at Camber well.
SARAH ULLATHORNE . I am the wife of Thomas Ullathorne, a baker in the Strand. I knew the deceased, Hannah Brown, from a child—I knew her well and intimately; we lived close to one another in the country, before we came to London, and we kept up our intimacy all our lives—she used to visit me up to Christmas last (looking at the cloak)—I have seen her wear a cloak like this about once—it seems the make, and like the cloak the had on at that time, for I looked at it particularly when she came to my house—it is a black silk cloak—it might be five weeks or a month before Christmas that she called on me with it on—it was the last time I saw her, I think—I have seen her wear a shawl like this, many times, and have seen her wear this boa, or one like it, frequently—this black veil is also like one I have seen her wear.
Q. Now, taking all these things together, if they were found in a room or any where, should you pronounce them to be Mrs. Brown's property? A. I should; the shawl particularly, but not the other things so much—the shawl I had particularly noticed, because I wanted one like it, but could not get one—I cannot speak to the boxes—she was staying with me at one time, which enabled me to notice her things.
Cross-examined by MR. PAYNE. Q. Is there any thing particular about that cloak, or is it a common black silk cloak? A. I should not particularly know the cloak—I should know the shawl if I saw it any where else—it is a particular pattern, which I never saw before—if I had seen it twenty miles off in the country, quite unconnected with Mrs. Brown, I should have thought it was the same pattern—I do not speak with any confidence to the boa—the shawl is the only thing I can speak to with confidence—my intimacy with Mrs. Brown continued up to within about the last month of her death—I saw her, perhaps, once a fortnight or week.
Q. As you yourself got up in the world, did your acquaintance with her discontinue? A. No; I was on the same terms of intimacy with her as I was before—I never made any difference—she mostly visited me—I did not visit her in Union-street—she was a strong, hearty woman—she got her living by keeping a mangle.
MARY PAINE . I am the eldest sister of the deceased Hannah Brown—this Pinchbeck watch was my sister's—I have had it in my possession for three or four months together—I cannot be positive to these ear-drops—she had some very nearly like them.
CATHERINE GLASS re-examined. I have seen this cloak—Mrs. Brown had one exactly like it—I had not seen it very often—I noticed the make of it, because she showed it to me, and asked me how I liked it—I examined it on her—it corresponds exactly with the one she showed me—I have seen her wear a boa exactly like this, and she had a shawl exactly like this—I have seen it very often—I remember the pattern—I have often noticed it—it is exactly like the shawl she wore.
Cross-examined by MR. PRICE. Q. It appears to be an ordinary cloak, is it not? A. Yes; very commonly worn about the street—I last saw her in it, a fortnight before Christmas, at my house—I have seen her wear it at her own house—she usually dressed very respectably—the boa was
not a recent purchase—the cloak, I believe, she had recently—I know she had not had it long—I cannot tell how long she had the boa; I believe as long as I have known her—I cannot exactly say I know the white dress—I know she had one, but cannot say whether that is it or not—I never visited Mrs. Brown, except at my own house—we have gone out together—I did not know any of her friends—I knew her nearly two years, but never knew any of her acquaintance—she never slept at my home before—she told me she should sleep with me on Saturday night, because all her own goods were out of her own apartment—she told me she had been to Mr. Greenacre's—she has called on me when she has been going there—she never said she was going to stop there—she was a stout, strong, muscular woman.
MR. BODKIN. Q. Did she say any thing to you about Mr. Greenacre inquiring about her property? A. No—she told me whatever her goods sold for, she was to have for herself, because Mr. Greenacre did not want any money, he had got plenty.
MRS. DAVIS re-examined. Mrs. Brown had a collar like this, and she has been, I dare say, dozens of times to my house with such a collar—I had noticed the pattern and work of it, and directly I saw this collar I knew it—I saw it at Lambeth, at the house where it was found—I accompanied the officer there—Mrs. Brown had a boa like this, but I do not know any particular mark on it—I know she had cornelian drops, but cannot say these are them—they are like them as far as I can see.
WILLIAM TAYLOR . I am parish-clerk of St. Giles-in-the-Fields. I produce a book of the publication of banns—I find the banns of marriage between James Greenacre and Hannah Brown published the first time on the 27th of November, the second time on the 4th of December, and the third time on the 11th of December—they were completely out-asked before Christmas—I officiated, and know they were published by the minister—I entered them in the book, banded it to the minister, and he published them.
ELIZABETH CORNEY re-examined by MR. PRICE. Q. On the evening of Mrs. Brown leaving your house, do you remember her packing up her things? A. Yes—I am not aware that she had any kettles, or any thing of that kind—I believe she sold every one of them—I have only a belief of that—I never saw this piece of sacking till I saw it in the policeman's possession—I do not believe she had that sack among her things when she went away—I never saw it—I did not observe the things she carried away very attentively—I do not know that she carried away any cooking things—I do not believe she did.
MICHAEL CARROL BROWN . I am a police-sergeant. On Sunday, the 26th of March, I was at the station-house at Paddington, on duty, and the two prisoners were brought into my custody by Feltham, about half-past eleven o'clock at night—about ten minutes after Greenacre was brought in Feltham read the charge to him, and I put the prisoners into separate cells—there were no other prisoners with either—Greenacre was visited by me about twenty-five minutes after twelve o'clock, in his cell—I found him lying on his back, with this silk handkerchief tied into a noose round his right foot, and the other part of the handkerchief tied round his neck—I first cut this part off his neck, and then I cut the other—he was stiff, and apparently dead—Mr. Girdwood came and bled him, in five or seven minutes, and he recovered
in about three hours—the first word I heard him say, as I was in the act of putting his foot on the fender by the wish of Mr. Girdwood, was, "I don't thank you for what you have done—I wish to die—d the man that is afraid to die—I am not."
Cross-examined by MR. PAYNE. Q. Were you examined before the Magistrate about this? A. No; I was in attendance to be examined, and was not called—Mr. Girdwood, Feltham, and a police-inspector, were present when this conversation occurred—I did not make a memorandum of the words—I have mentioned the words over several times since—I have talked about it to many people—I do not know whether I have done so to my brother policemen—perhaps I have, but I cannot charge my memory—I might have done so—I am quite clear that I am correct in the words I have mentioned.
THOMAS TRINGHAM (police-constable T 187). I was in the cell with Greenacre, at the police-office at High street, on Saturday morning, the 1st of April—he began talking first about people coming in to look at him—he said, "This affair has caused a great deal of excitement; more, I believe, than any that has transpired in London or the country for some time"—he said, "Many people run away with the idea that this was moved in a cart"—I said, "What, you mean the body?"—he said, "Yes; but it was not; it was moved in a cab"—I said, "Was it on the same night that the affair happened that it was removed?"—
MR. PRICE. Q. Had you said any thing to him before this conversation took place? A. I cautioned him before it began not to have any convenation with me, as perhaps I might name it—I said nothing else—he did not send for me—I was placed in the cell with him after the occurrence, and he began to talk to me voluntarily.
MR. CLARKSON. Q. You said, "Was it on the same night that the affair happened;"what said he? A. He said, "No, it was not; it was in the morning"—I said, "The morning of the same night?"—"No, "he said, "on the Monday morning, I believe"—I said, "Was it after daylight?"—he said no; be believed it was between the hours of two and five—he then said, "There is a great deal of mystery about the head—they have run away with the idea that it was thrown over the tunnel at Maida-hill, and they don't know to the contrary—there is no proof to the contrary—but I don't want to satisfy the minds of public curiosity"—I repeatedly, in the course of the conversation, cautioned him not to talk to me so much—he said, "As for what I say to you, is nothing"—he then began asking me if I knew whether a person was coming forward, whose name I do not recollect; Captain some-body—he did not say a Captain of what—I said, "I don't know"—he said he had been informed that he was—"Well, if he does, "he said, "I will provide myself with some questions to ask him"—he then commenced writing—after he had been writing some time, he read over some sentences of that he had been writing—questions he intended to ask this captain—it was about a ship that this captain took to America with a cargo of goods—he did not name what goods; but he sold them, and defrauded his creditors—he said he had also sold the ship, and cheated the owners, and came back and returned it as a total wreck—he asked me repeatedly, while he was writing, if I had got a knife to cut his pencil—I said I had not—he asked me several times for a knife.
Cross-examined by MR. PRICE. Q. When did this conversation occur? A. On Saturday morning, previous to the second examination—I found
him very freely communicative—I am quite certain he said the body was removed between two and five o'clock in the morning.
MATTHIAS RALPH re-examined. I conveyed the head I found in the lock, to the bone-house—I locked the bone-house up, and gave the key to the gravedigger's wife at his own houses—I believe her name is Sarah Matthews—(looking at her)—that is her—I left the head in the bone-house in exactly the same state as it came out of the water, wrapped up in what I carried it.
SARAH MATTHEWS . I am the gravedigger's wife. I received the key of the bone-house from Ralph on the Friday—I delivered it to James Barrett the same day—I kept it till I gave it to him—I did not let any body in in the meantime.
JAMES BARRETT . I am a bricklayer. I received the key of the bone-house from Mrs. Matthews, and went there with it—I saw Mr. Birtwistle the surgeon there—he saw the head that was in the bone-house—I opened the door and let him in—several people went in at the time I went in, because I could not keep them out—they went in at the same time I did, on my opening the door—I went a good many times that morning to get the boards out—no one went with me—strange people came in and looked at the head, but nobody interfered with it at all—they did not touch it—I let Mr. Birtwistle in about the middle of the day, and several more gentlemen went in at the same time.
Cross-examined by MR. PAYNE. Q. When you went for the boards, did you take them off to another part of the burial-ground? A. I locked the door when I took the boards out—I did not go away and leave the strange people in the bone-house—I took the boards outside, and locked the door after me, and had the key in my pocket—I took all the set of boards out at one time—I suppose I went six or seven times before I went with Mr. Birtwstle, and every time I came out I locked the door.
JAMES FELL . I am clerk at the public office, Marylebone. I attended the examination concerning the two prisoners—I have a statement here which was made by the prisoner Greenacre—nothing was said by the Magistrate, or any person, by way of promise or threat, to induce him to make that statement—it was his own voluntary statement—I took it down—I did not read it over to him at that time—I did afterwards at a subsequent examination—he then acknowledged it, and signed it—the female prisoner also made a statement in her behalf—I read it over to her, and she signed it—she very well understood what it was—these are the statements—(read)
"The prisoner Greenacre says: There have been many direct falsehoods given—the key I have had twenty years—I did not tell her brother that we had had words—I told him distinctly that we had no words on the subject—I questioned her about the property, and I found that she was a loose woman—she had put up two silk gowns to me at a tally-shop—there had been duplicity on both sides—there are many coinciding circumstances that may perhaps cost me ray life—one of the witnesses has stated that I helped her to move her boxes on Saturday; that is true—I had this female lodging in a room, and she washed and cooked for me—I gave her notice to leave previous to Mrs. Brown's coming home, and she left—Mrs. Brown came down to my house on Saturday night—she was rather fresh, from drinking in the morning—in treating the coachman she had made herself fresh—then at night, being Christmas eve, she insisted on having some rum, and had a great deal to her tea—I thought that a favourable opportunity to press her for a statement of her circumstances, and she seemed
reluctant to give me any answer; and I told her that she had often dropped insinuations in my hearing about hating property to go into business, and she had said that she could command 300l. or 400l. at any time—I told her I had made some inquiry relative to her character, and I had ascertained that she had been to Mr. Smith's in Long Acre, a tally-shop, to endeavour to procure silk gowns in my name—when I put those questions to her, she pat on a feigned laugh, and retaliated, by saying she thought I was deceiving her by misrepresenting the extent of my own property—during this conversation she was reeling backwards and forwards in her chair, which was on the swing; and, as I am determined to adhere strictly to the truth, I must say that I pot my foot to the chair—it was just after we had concluded tea, and she went back with great violence against a chump of wood that I had been using of, and that alarmed me very much—I went round the table, and took her by the hand, and kept shaking her, and she appeared entirely gone—as it regarded my own feelings, it is impossible for me to give any thing like a description, from the agitation I was in at the time—during this state of excitement I deliberated, and came to the determination of concealing her death is the manner it has been already laid before the world—I thought I might be more safe that way, than if I gave an alarm of what had occurred, because if I had, I thought I might be considered her murderer—no other individual had the least knowledge of what I have now stated—this female, who is here, I perfectly exonerate—she was away from the house—this took place in Carpenter's-buildings, Camberwell—some days afterwards, when I had put away the body, I called on this woman, and solicited her to return to her apartment Again—as regards her things and her trunks, I told this woman that, as she had left them there, we would pledge them—the whole of them fetched about 3l.—I do not knew any thing more that I have got to say—she had eleven sovereigns and two or three shillings—that is a true statement of the facts—It was Christmas eve it happened—we had tea about seven or eight o'clock, and it was that evening I called on Mrs. Davis to stop their going to church—there was no quarrel at all.
The prisoner Gale, says, "I have nothing to say—I know nothing about it—I was not at Camberwell at that time—those two rings that was taken from me, one of them I gave 5s. 6d. for in the City, twelve months ago, and the other, my little boy, who was digging in the garden, found, with a half sovereign, two half-crowns, and a five-shilling piece, and sixpennyworth of halfpence—the ear-drops have been my own for this seven or eight yean—in regard to the shoes, Mrs. Andrews gave me the ticket, and the other ticket I found in the street near our own house—Mr. Greenacre told me I must leave hit house a fortnight before Christmas, but I could not suit myself with lodgings till the Wednesday or Thursday following—I returned back on Monday-week following the Thursday—he said the correspondence was broken off between him and Mrs. Brown, and he wished me to come back again—That is all I have to say."
The prisoner Gale says nothing.
MR. JOHN BIRTWISTLE . I am a surgeon, residing in Mile-end road. On the 6th of January I saw a human head at Stepney Churchyard, which was afterwards removed to Mile-end workhouse—it had been drawn from the canal—when I saw it—in the dead-house I partly examined it, but not
KELLY Mayor. minutely—I examined it enough to know that it was in the same unaltered condition, when I examined it more particularly on the following day the 7th—it had not been altered in the least—when I examined it on the 7th, in our workhouse, I found it had received a blow in the right eye, that the coats of the eye were ruptured, and the humours consequently let out——round the eye was ecchymosisy which means the pouring out of the blood from the rupture of a vessel—that effect was produced when the body was alive—that is my opinion—the appearance of it was what I should call tremendous black eye—the face was cut in various places—this appear ance of the eye was caused before death—that is my opinion—after death, 1 think, a blow on the eye will not produce that effect.
Q. Was the eye totally displaced, or did it remain void of its humours? A. It remained void of its humours—there were several lacerations on the face—one a sort of crescent-like laceration on the cheek, and a contort wound on the lower jaw—the crescent-like wound, I conceive, was pro duced by incision—the one on the lower jaw, by being jammed—both the lower jaws were fractured—my opinion is, all the wounds I have described, except on the eye, were inflicted after death—on the top of the head there was a bruise also, which had occurred after death—I did not observe any other wound on the head at the time I am speaking of which was at our workhouse, on the 7th of January—I examined the neck at the dead-house, and found the body of the fifth cervical vertebra had been sawn through and disarticulated at the transverse processes—that is it had been disjointed about five of the bones of the neck down.
Q. Would such a saw as the one produced, effect the severance of the head in the manner you have described? A. I think it would—I have seen this saw since applied to the two bones, and it fits exactly—I kept the head in our dead-house until night, and had the key of it my self—I then went over with the policeman, and it was removed to my house, which is opposite the workhouse—I then packed it in a small hamper myself, tied it up, and put my own seal upon it, and gave it to two policemen, a sergeant of the K division and a common policeman—it was taken from my house that night to Paddington workhouse—I saw it again there about half-past ten o'clock next morning—the hamper was then as I had left it, with my seal untouched—I then examined the bead more carefully, in company with Mr. Gird wood—I was present when be ex amined it, and appearances were then made obvious which were not appa rent before—the right ear had a notch in it—I think it was the right ear—the head is here—we examined the wounds which I have described, and, came to the conclusion that the wounds I have said were inflicted after death were so, and that the other, the eye, was inflicted before death—we then proceeded to open the head—there was a wound on the back part of the head—I could perceive that, on opening it—there was no bruise on the outside—it was an effusion of blood—there was no bruise on the outside but an internal wound, which I could only discover by opening the head—it was between the integuments and the skull.
Q. Were you able to judge whether that wound had been inflicted before or after death? A. I think, from its appearance, it had been inflicted before death—I cannot say whether it had any necessary union or concurrence with the blow in the eye; but I should think if a blow was struck in the eye, and the back part of the head came in contact with any thing, it would produce it—I applied the head to the body that was at the workhouse, and the one fitted the other exactly—it appeared tome that he throat had been cut—the head was perfectly bloodless—all the blood
was perfectly exhausted—I had nothing to do with the body, but the bead was entirely free from blood—the were entirely free from blood—I do nut think that effect likely to have been produced if the throat had been cut after the subject was dead.
Cross-examined by MR. PRICE. Q. How long after death will the blood flow 10 as to empty the vessels of the blood—how long after sudden death? A. It would depend entirely on the cause of death—I think if a person died from the effect of lightning, the blood would flow some time after death—I cannot say as to the case of a broken neck—I never witnessed a case—blood will flow while the body is warm—I should think in to case of killing by a contused blow or bruise, or any internal injury proceeding from a blow or fall, that warmth would remain in the body for an hour or two.
Q. Daring that time would the body be capable of ecchymosis, a perfect body? A. I have never made any of those experiments, and therefore cannot speak decidedly on them—there are gentlemen here who can, but I am not prepared to enter into these matters—I am a member of the College of Surgeons—I was admitted in 1827—I have examined many bodies recently after death, but not immediately after death—I have had no opportunity—Mr. Girdwood attended the examination with me—I think him a gentleman of great experience—I mean by a bruise, any thing that has contused the part—there cannot be contusion on a living body, I think, with—I out blood being on the surface of the skin—nor immediately after death also—there is a distinction between the words bruise and contusion—it appears to me that there is—I think in a contused wound, you would not find the same appearance as in a bruise—a contusion may not produce blood on the surface, but a bruise always produces blood on the surface—a bruise always produces ecchymosis—the neck was not ex amined internally by me—I was not present at every examination—it has been examined many times since—the first examination by myself was on the 7th of January, and the second examination was on the 8th, by myself, Mr. Girdwood, and others, at the Paddington workhouse—I was present the whole time with Mr. Girdwood—on that occasion, the neck was not opened—the part cut was examined—that is, the anterior part of that portion of the neck, which had been divided from the trunk—the cervical column was taken out by disarticulating it from the head—Mr. Girdwood art down upon the first vertebra—he introduced the knife through the flesh—he then cut the neck down—he took the bones out entirely, and left the toft parts—he then cut down the neck from the first vertebra to the remainder of the fifth, in front, and behind—he removed the flesh from the column on one side, but the flesh remained—he then severed the column fromfrwn the head with the knife, preserving the whole of the fourth and fifth vertebra—that column was not dissected longitudinally in my presence—I do not know whether it was dissected at all—I am not aware that we made any observation on the neck, during the operation of direction, except on the retraction of the muscles—I mean the muscles were less, they were retracted—I am not aware of any other observation on the neck—Mr. Girdwood has that column now—the body of the verte bra was sawn through—from the jagged appearance of the bone, I should say it was not cut through with a knife—from the rough appearance I would say so—it appeared to be done with a saw—it was rough all through—I do not think a notched knife would have done it—I think this saw would have done it—I did not observe whether there was any spinal marrow in the filth vertebra—I made no remark on it whatever.
Q. In what part of the skull in the corresponding integument was it you found the internal bruise? A. This part, (pointing to hit own head) just, on the occipitis—rather more at the left side than the centre of the head.
Q. Supposing that to proceed from a blow on the back of the head, might it create a suffusion of blood within the head? A. I cannot give an opinion of that—it might or it might not.
MR. GILBERT FINLAY GIRDWOOD . I am a surgeon of the parish of Paddington—I am not a member of the College of Surgeons—I passed my examination at Edinburgh—I have been practising as a surgeon twelve years—I examined the head of a female at Paddington workhouse, on Sunday the 8th of January—Mr. Birtwistle was present at the time, alio Mr. Lucas, and some other medical men—there are three published doc* ments, which I drew up at the time—they are copies of my original notes—I have not the original notes with me—they have all been published—the first was made at the inquest—that was before I examined the bed—it had reference to the trunk only—I published an account of the appearances of the head on the very day it was examined, on Monday, the 9th of January; a note of it was given to the churchwardens and to the newspapers—i saw it afterwards in the newspapers—I saw the head on Sunday, the 8th of January, at Mile-end workhouse, and examined it very cursorily—on the 9th, between nine and ten o'clock in the morning, I went into a more detailed examination—the bead was brought to the work-house during the night—upon examining it on the 9th, the head had the appearance of being that of a female—the nose was slightly flattened about the centre, and it had a slight twist of the tip to the right side—there were several wounds and bruises—there was a large wound on the left cheek, in the shape of a crescent, commencing a short way under the left eye, and terminating on the same level as the mouth, and about a inch or an inch and a half from it—it was an incised wound—it was merely superficial—it entered into the cellular membrane and the fat underneath-in my judgment that wound was inflicted after death—there was under that wound, a large contused wound over the lower jaw—the jaw was there fractured—that injury, in my judgment, was inflicted after death-on the other side of the face there was another contused wound, at the right angle of the lower jaw; there, too, the bone on that side was broken—on that side, too, there was a wound, partly contused and partly in-incised, and which opened right through into the mouth—(those two lit ter injuries were sustained after death)—it opened right through into the mouth, and by that means made the mouth larger, continuing the moots along the cheek; several of the teeth of the upper jaw were forced out and the tongue was crushed between them—that appeared to me all part of the same injury—the right eye had received a blow—there was a wound in the eye itself, above the pupil, which had entered into the eye, and occasioned the escape of the humours of the eye around the eye, above-below, and there was a mark, a round ecchymosis, surrounding the eye; presenting the appearance not of an ordinary, but of an extraordinary black eye; as to its severity—it was of the same species—I might call it what would follow a black eye, but to a considerable extent—within the area of this bruised appearance there were three small superficial wounds; was external to the orbit of the eye, one was superior to the orbit of the eye, and the other was situated on the side of the nose, and exposed the bone of the nose.
Q. In your judgment, was the injury you have described to the eye, inflicted during the life of the party, or after death? A. I believe the wound in the eye, and the bruise around it, to have been inflicted during life, and I believe also the three small wounds I have alluded to, to have been inflicted after death—the circumstance of the eye being ruptured would imply great force—it might be the result of a blow with the fist of a person—I think it could not be referable to a blow with a dull weapon—there was no mark on the surface of abrasion—abrasion is more likely to follow a blow by a bludgeon than a blow by a hand—I mean abrasion of the skin—it is almost impossible to say whether it was inflicted with a fiat or instrument—I could not form any definite opinion—a blow struck with the violence I judge this to have been inflicted with, would certainly deprive the party so struck of sense for the moment, and at the moment, for a time—the length of time it would do so depends entirely on the individual—one person would bear a blow very differently to another—it depends on the effect produced on the nervous system, on the vital energies of life—this being a female subject, it is very possible the blow would deprive her of senses, so as to enable further injury to be given to her during that period of insensibility.
Q. Supposing, on the blow being struck in front, the back of the head was to be driven in contact with any thing, would that tend to increase the period for which insensibility would follow? A. I think it very likely—there were two appearances behind, which I have not yet described, on the crows of the head—it was a large contused wound—that is all—it was two wounds together—there were two bruised surfaces coming into one another continuous—they had been done'after death—it was a semilunar wound, having two tail, as I may say—on turning back the scalp, which we cat through from ear to ear, by cutting a little and exposing the upper part of the skull, on the pos—I tenor surface on the left side in the cellular membrane, underneath the skin, and in those muscular fibres called the occipilo-frontalis muscle, existed an ecchymose appearance—I opened the head, and found an internal injury corresponding with the outside—on the outer covering of the brain, called the dura mater, there existed a slight redness, an unnatural redness, not visible any where else—that was opposite to the place where the ecchymosis appeared—that was so far a serious injury that serous effusion on the dura mater indicated a disturbance within.
Q. Now, was there, in your judgment, any connexion between the injury in the eye and that at the back of the head? A. I could not but think that the one was the result of the other—that the appearances behind were the result of the injury in front—that is on the supposition that the head, when struck in front, came in contact with some resisting body—there was this relation between the two injuries, that it was on the opposite side of a round body, and a round body struck on one side, if opposed by striking against something, will show that something has struck there—the external appearance of the skull would not be caused by the blow in front, sup posing it did not strike against any thing at all—the internal derangement which was presented, might have been the result of a blow in front, supposing the back of the head did not come in contact with any thing—by the derangement, I mean the slight redness on the dura mater, as well as the disturbance which that intimated—the appearance in the eye could not possibly be caused by a blow struck at the back of the head—whether that injury was by a "blow, a fall, or any other means, it could not have
caused the appearances in front—I afterwards proceeded to examine the throat—the head had been separated from the trunk at the fifth bone of the neck, which was sawn through—not entirely, but partly—I have fitted the saw produced, to the bone, and it appeared to me to correspond—the greater part of the anterior portion of the bone was sawn through, and the other part of it appeared to have been broken off—the posterior part—it was sawn nearly through from the front, and then broken off—there was no appearance of discolouration of the neck—the fleshy part of the neck appeared to have been cut with a sharp instrument—such an instrument as this (looking at the knife) would be adapted to the purpose—it is something in the form of a surgical knife—it has a spring at the back which makes the blade firm—the muscles where they were divided were very much retracted—the muscles do retract for some time after death—as long as warmth continues, or until the rigidity of death begins.
Q. Supposing a person to meet a violent death suddenly, being in good health at the time, how long would that state of the muscles which would cause them to retract, continue? A. I cannot speak from experience, but I should say it would continue some time of course—in all states after death, this retraction of the muscles will continue some time—certainly some hours—but the retracting power, which is often very strong at the moment of death, gets less and less every hour, and at last ceases—it would be less, too, if much blood was lost at the moment of death—the retracting power would continue for a shorter time, inasmuch as the body would sooner get cold and rigid—I found all the large blood-vessels of the head empty, and the same as to the trunk—there were other wounds about the neck, independent of that which severed it from the body, but they were all part of the same attempt in cutting the neck—the superficial cut was very ragged.
Q. We have not yet got to that—independent of the cutting of the neck, did you find some superficial cutting about the neck? A. Yes, the tomination of the wounds which were carried round and round the neck—the neck was evidently cut in front at first—the first incision commencing on the left side, in the fold which exists where the bead joins the neck, high up, exactly here (putting his finger uider hit ear)—it passes along the fold in front of the neck, behind this ear, and terminates on the right side—that cut was not continuous round the neck—the continuation of the cut appears to have been jagged on the right side—the division of the muscles becoming now deeper and deeper, and at the same time lower down the neck, so that the incision which has cut through the windpipe, is full two inches under the first superficial incision which I have already described—this cut through the windpipe has cut also through the carotid arteries, and it is on a level with the division of the vertebra—there is a superficial cut high up in front, not penetrating the windpipe; and two inches below that, there is the main cut, which separated the head from the body—there is thus left a flap of skin in front adhering to the trunk—that would have supplied the space between the two cuts, and then the posterior cut of the skin coming round on the right side leaves a flap, about two inches long, adhering to the neck.
Q. Do these circumstances denote that there was an attempt to cut the throat, and inflict a slight injury, in addition to the main cut which divided the head from the body? A. I cannot form any opinion positively on that point.
COURT. Q. What was it the appearance suggested to you? was it that
an unskilful man had attempted to separate the head after death? A. The suggestion I formed, having seen a wound in the eye which might or might not prove mortal, was, that the cut in the throat certainly must have proved mortal—the cut above was certainly the first cut; and the cut must have been inflicted during life, or very shortly after death.
Cross-examined by MR. PRICE. Q. You have described to us now all the wounds you perceived, both externally and internally, on the head? A. As far as I can recollect—I do not recollect having omitted any thing—I examined the brain, but I have not been asked to give any account of its appearance—there were two large bruised wounds on the outside of the head, which I have mentioned, and one partly bruised and partly incised; and there was the large double wound I have mentioned on the top of the head—bruise and contusion are synonymous terms—it depends entirely on the force with which a bruise or contusion has been given, whether they will show ecchymosis—bruise and contusion being synonymous terms, if either one or the I other is inflicted with sufficient force, they will produce ecchymosis—a contusion after death will not produce the appearance called ecchymosis—a contusion or bruise might effect a lodgment of blood within the head, or it might not—it would not under the bone—a blow on the back of the head may cause a lodgment of blood within the head—it may do so under the bone, but not a great lodgment of blood know no means how it could escape, except by absorption—blood, when dislodged, is not obedient to the law of gravitation in a living body, not to any extent—it is subject to the law of gravitation as far as the law of gravitation can be allowed to have its effect in a living body—a living body has the means of disposing of a lodgment of blood, which the dead body is without—in any part—you are not alluding to the cranium—I beg leave to say, a lodgment of blood in the cranium could not take place to any great extent—an internal effusion of blood, caused by a blow on the back of the head, would be likely to find a lodgment either in the dura mater or in various parts of the brain—it entirely depends on the peculiarity of the individual, wherever the vessel happened to give way which effused the blood—I never knew a blow on the skull inflict a wound exactly on the opposite side of the skull—a blow on the back part of the head might produce injury exactly opposite, within the skull, a contre coup, but not the eye, which is without the skull—the venous portion of the eye would not be the natural position for blood lodged in the cavity of the brain to escape—a blow received behind, will inflict injury in front—the cause of that injury in front would be, as to its effect, in a mechanical manner—if you strike one part of a circle, then the whole of that circle will be dis turbed, and it will occasionally produce fracture of the skull in the oppo site part; but in most cases the fracture is received behind, as blows generally are given in front.
Q. How long will the head of a human being, after death, generally speaking, be capable of ecchymosis? A. I have said, you cannot produce the phenomena of ecchymosis on a dead body—it is impossible to do so, although warm—a blow given half an hour after death, would communicate avidity on the surface—I am speaking from experiment, from my own knowledge of the fact—you will have a discolouration of the surface—I did not describe the black eye as discolouration.
Q. What is the difference between lividity and a black eye? A. in a black eye, you have a phenomena of ecchymosis which you do not
have in the dead body—the ecchymosis of a bruise or contusion consists in having blood effused in all the tissues which have been interested in the blow—there is also the existence of blood throughout those membranes, in the minutest blood vessel (by membrane, I mean tissue) which in health do not contain this red blood—there is also the existence of swelling—there are some other phenomena, but these three are the important ones—there is at times a yellow colour round the external edge of the ecchmosis what we call a black eye will sometimes not be apparent at first—then in a black eye which will not assume that appearance, until a considerable time after the blow—I never saw a black eye that did not immeadiately afterwards assume that appearance I mean the puffiness—the outer skin va ries a little in different persons—a blow on the chest of a person who has considerable flesh between the muscles and the cuticle, might not be ecchymosed—if the skin be thin, ecchymosis may be almost instantaneous, but you are supposing cases which I have not seen.
Q. With respect to the neck, I think you have elsewhere described, that the section which removed the head proceeded across the neck anteriorly through the skin, immediately under the fold formed by the junction of the chin with the neck? A. Not immediately, but under it—I am the author of the report of the examination of the head of the female, in the medical Gazette—I do not wish to correct that statement—there is no correction necssary—what I have said here is but a different mode of expressing the same thing—the posterior cut of the neck was exactly on a line with the section of the vertebral column.
Q. How long in your opinion will blood generally flow after immediate death? A. There have been experiments to show that blood will flow for many hours after death—I think blood will flow for several hours from a vessel divided after death—there is an experiment to prove what you wish—I think it is sixteen hours—I am not quite sure; I talk only from memory.
Q. Then during that time, the blood vessels of the head might be emp tied by severing the head from the trunk? A. The large vessels—it might or might not—but that would depend on the death of the party, the ok time the blood coagulates, and a variety of circumstances—I have no experiment to prove in how long the head might be emptied by severance after death; I cannot speak from experience—I cannot say whether the wound which occasioned the division of the head from the trunk, was done in great haste—I really cannot judge of haste.
COURT. Q. Was it done as a surgeon would do it in any experiment? A. Certainly not.
MR. PRICE. Q. You are quite of opinion that the fifth vertebra was sawn through? A. I am quite sure of that—I have them to show that fact—I divided the portion of the cervical column, which was left on the head, the bones called the vertebral column, that is, the cervical vertebra which is attached to the head, the four and three quarters which is attached to the head—the fifth was sawn through—I did not myself divide it—it was done by my orders, in my presence, and I think I assisted—we took it off at the atlas—I am not certain that that now forms one end of the portion of the column I have here—it may or may not—it may have been removed, but at the time it was severed, 1 think it did—I think the dentatus processus is still attached to the column—I think that portion of the column was left perfect, but I have not examined it since—I have never taken the trouble to divide the column longitudinally nor transversely.
Q. Then you can give us no account of the state of the spinal marrow? A. No,
not in that part of the column—we looked into the spinal marrow—I have the means of knowing if the spine was injured—I saw the marrow at the end of the column where it was sawn across—but I have not traced it through its course—it is now lodged in the column of the body—I do not know whether any thing has been done with it, and the bones that were removed—the cervical spine has been sawn through—I have examined the bones externally, and had there been any injury inflicted by any external cause, it would have produced some injury in the bone.
Q. Is it possible for the spinal marrow to be injured without leaving appearances on the bone? A. When you talk of possibility, it is possible, for instance, a needle might be introduced to the spinal marrow—there was no injury that I am aware of to the spinal marrow—it could not receive any injury that I am aware of to occasion death—there was not the slightest injury in the parts—an accident creating pressure on the spinal chord would occasion death certainly—T should ascertain that fact by exmining the marrow, but I might not ascertain it by doing so—by examining, I may perceive an injury, and I may not perceive it.
Q. A person might die from injury to the spinal marrow, and leave no trace behind? A. In a locked jaw there is no appearance whatever—there would be an appearance of fixedness—there are no appearances, that I know of, in persons dying of hydrophobia—there might be this injury to the spinal marrow, or nervous system—I mean injury to one of the nerves of the thumb, which sometimes will occasion a locked jaw—a locked jaw is an injury to the nervous system—there might be pressure on the spinal chord, and death not ensue; but it might so happen that death may ensue from it—an injury of the spinal marrow might produce death, or it might not—an injury to the spinal marrow in one part might product instant death; but I do not think it could be produced without producing tome effusion round it, which would be of a bloody character, or of a serous character—I mean around the spinal marrow externally—if the spinal marrow was injured at its juncture with the brain, a small injury might occasion instant death; but if you examine that body after death, I think you will find perhaps a very small blood-vessel, or effusion of blood, or you might have the spinal marrow itself shortened or slackened—I exa mined the neck on Monday the 9th of January—I had seen it before, but I examined it anatomically on the 9th.
Q. You have said that the external appearance would be slight—is it possible that the immersion of the head, and its remaining in the water for eight or ten days, would have rendered the detection of that injury more difficult or not? A. I do not think it would make any difference—you are alluding to the injury of the spinal marrow, taking place where I have named—I should think it would be necessary to examine the marrow itself, to be able to say positively that a person died of injury to the spinal marrow—a blow on the back of the neck might be capable of killing, but it depends entirely on what the blow is—any blow may be capable of killing which at all shakes the vital spark; not that shakes the spinal marrow—a blow on the stomach might cause instant death—I have said almost all blows of any great severity may be mortal—it all depends on whe ther they affect a vital part—I think it very possible that a blow disordering he spinal marrow, would occasion death, but I cannot imagine a blow being given in such a case without having external appearances—I cannot imagine a blow to have occasioned such an injury to the spinal marrow as to occasion death, which would not show it after death—I certainly have
no right to infer things are not possible, because I have not met with them—I am talking generally from what I have observed and experienced—I cannot conceive violent muscular action of the neck, capable of causing death—I do not see where the injury could be effected by the muscular action of the neck—violent muscular action of the neck will not disorder the os coccygis—I never knew the thigh broken by the action of the nuclei.
Q. I will suppose a case of a man balancing on a chair, and losing his equilibrium, might not the muscular operation of the neck in endeavouring to recover itself, inflict an injury on the neck of the person so as to cause death? A. I cannot imagine such a case—I am not at all aware of any thing likely to produce such a circumstance—I cannot conceive a case of the sort—I know no case at all like what you describe—it might injure a fibre or ligament—the muscle confining the dentatus processes is a very strong one—if that ligament was ruptured, it might occasion death—if it permitted the spinal marrow to be injured, in all probability it would occasion death—the dentatus processus is not the next vessel to the spat, it is the axis on which the head turns.
COURT. Q. Supposing what the learned gentleman has supposed to take place, would it leave any external appearance? A. In the spinal marrow it would, but not on the surface of the skin—that injury had not happened—if it had, I should have detected it in examination.
MR. PRICE. Q. Then you do not think such an injury could occur, so as to affect or injure the spinal marrow, without leaving an appearance on the external part of the bone? A. Certainly not—the termination of the spinal marrow was examined, where it joins the brain, and there was no appearance—I am now speaking of the dentatus processus—I have been confining myself during the whole examination to that exact part.
Q. Are there not other parts of the spinal marrow from the atlas don to the seventh vertebra, the injury of which might occasion death? A. I have said an injury to the spinal marrow may or may not produce instant death—it is not very likely it would produce instant death, if it was not at the place I have described—many cases are on record where injuries haw been inflicted in that place, where paralysis of the lower parts hare taken place, and where instant death has not followed, where in fact they ban recovered—I have already said I believe all sorts of accidents may be fatal—it depends on the state of the nervous system.
COURT. Q. What do you mean by all sorts of accidents? A. Affecting vital parts—injury lower down than the part alluded to, may produce death, as it may so strike the nervous system as that death may immedi-ately follow.
MR. PRICE. Q. Even though it should be with reference to that part which, with this particular spine, was still left on the trunk? A. I have said there was no injury to that—injury might happen to that portion of spine left on the trunk, it by no means follows that death would ensue; but it might take place by its effect on the general nervous system—pulsation ceases instantaneously after death—it is one of the three great links that connect life together—death cannot be instantaneously detected—to constitute death there must be no pulsation; but that does not imply that you have discovered that death exists—if I was Called to a dead body, I should not like to decide on that person being dead until I had examined other things than simply pulsation.
Q. But may not an ordinary person detect death as soon as it has taken place, and that by detecting the cessation of pulsation? A. Certainly not;
it would be no proof—I should not myself be satisfied by that symptom alone—I should not be satisfied that the body was dead after the pulsation appeared to have ceased two or three minutes, nor in a week after, by simply examining the pulse—I mean the pulse at the wrist—how I should ascertain pulsation ceasing, would be to apply my ear to the region of the newt—it would be there I should be able to detect the indication of the smallest pulsation—it could not be ascertained by applying the hand to the heart—is a medical man, I should advise no one to be satisfied by applying the hand to the heart—I do not think it right to determine that death has taken place, without applying the ear to the heart—I examined the trunk of the body on Thursday, the last week in December; I think the 29th; the day after it was found—I came to the conclusion that the parts had been cut away shortly after death, by the very great retraction of the muscles of the neck—the bloodless state of the body was one of the causes which led me to conclude that the mutilation had taken place shortly after death—by mutilation I mean the cutting of the neck and legs—I believe nobody mis—I understands the phrase—that would not be applicable to amputation—that applies to a living subject—amputation is a thing done for the advantage of man; mutilation has an adverse signification—but I did not use it with that motive—if a surgeon were said to have mutilated a member, it would found reproachfully to men of science—but it has several signiflcations—it depends on the way in which it is used.
COURT. Q. It may be used in a good sense or bad? A. yes; it nay be used to explain a fact without reproach.
MR. PRICE. Q. If a patient's arm should be severed by a sabre, the phrase "mutilation" would then be proper? A. One man might sty it was mutilated, another that it was cut off—mutilation' does not convey the idea of suffering pain to my mind—I did not examine the internal part of the stomach—I looked into it—I opened it—I did not cut into it—I opened the orifice—the stomach was removed from the body—I simply looked into it, and ascertained that there was no injury done to the internal coat—I found some undigested food in the stomach—I think I smelt it, but I really forget—I think I did—I have said it had a spirituous well—I was satisfied with a very cursory examination—I think I smelt it, and said, "There seems a little smell here, "I only satisfied myself of the existence of the undigested food—it was then closed up, and tent to Dr. Hunter Lane—I did not remark of what spirit the stomach smelt—I have seen, at different times, all the parts of this body—the hands, for a female., were large—she was nearly five feet eight inches high—that is a random guess, by comparing her with two other women—I find now she was about an inch and a half shorter—I believe that is some-where about the middle height of women—I believe five feet four is about the middle height I should say she was a well-formed, perfect woman, externally—a woman of strength, and capable of vigorous exertion, and, as far as I could judge, in perfect health and fine condition.
MR. BODKIN. Q. You have been asked about lividity and eechymosis; are they clearly distinguishable from each other? A. Clearly—using the pharse lividity as the appearance of a dead body, and ecchymosis as what will sometimes exist in a bruise on a living body—I am quite certain the appearance on the eye was the result of an injury inflicted during life and not the result of livor after death—I use the phrase livor as express-ing after death—I found the swelling in this case which I have spoken of as one of the symptoms of ecchymosis—there was a thickening of that
part, a puffiness of that part which presented the bruised appearance-that would certainly not follow any injury inflicted after death.
Q. If there had been any lodgment of blood from an injury to the back of the skull in this particular case, would that blood have been effused into the eye, so as to have caused ecchymosis? A. Certainly not; it is impossible—I have particularly specified there was no appearance on that part of the bone next the brain, and which is over the eye—there was no injury sustained to the brain on that part; but on looking through the very thin bone which covers the eye, there was a sort of dulness, which I considered coagulated blood, within the orbit of the eye; and a subsequent examination proved that opinion correct.
Q. Would that appearance in the orbit of the eye be one of the conse quences of a violent blow in the eye, as you have spoken of? A. Certainly—the spinal marrow is subject to disease, the same as all other parts of the human body—disease may arise spontaneously, or be occasioned by some powerful effect on the nervous system, as a whole—I vever knew, heard, or read of a case in which sudden death was produced by in-ternal injury to the lower part of the spinal marrow, without some ex-ternal marks accompanying it—on looking at the subject, on the whole there are two facts which immediately struck roe—in the first place, there was a very severe blow inflicted on the eye, during life; and that blow has a corresponding bruise on the back part of the head—there was on the dura mater a little serous fluid or blood existing—this group of facts is such as to lead me to say that such an injury might be mortal; but, certainly, if that had not been so, the cutting of the neck would have been neces-sarily mortal—I allude to the whole group of facts—from the external and internal examinations—I say, the blow in the eye, and the injury behind, the flowing of serous matter, these, together, form such, as would occasion death; but if not, the cutting of the neck would necessarily do it.
Q. Is that on the supposition that the injury at the back of the head was the consequence of the blow in front? A. It is certainly—I delivered the stomach to MR. GUY.
DR. JAMES HUNTER LANE . I am a Physician, residing in Euston-square—I also lecture on chemistry and forensic medicine. The stomach of the deceased was brought to me by Mr. Guy, a student of the school—he is in attendance—I proceeded to examine and analyze the contents—on opening the stomach I found it to contain a quantity of mat, which I supposed to be either pork or beef—it was preserved pork or beef, potatoes and pastry, also a quantity of fluid; the whole mixture having a spirituous smell—the stomach in its appearance was healthy; at one part there being a slight redness, which generally accompanies the process of healthy digestion—with regard to the attempt to distinguish what description of spirit it was, we could only come to the general conclusion of negative evidence, that it was not whiskey, and it was not rum—my reason for coming to that conclusion is this, that on exposing whiskey or rum to the atmosphere, they still have their odour for some time; but with regard to gin, that is not applicable I put this circumstance to the test, whether by exposing those liquors to the at-mosphere they would leave any portion of smell behind—both whiskey and rum did, while gin did not—it was but a small portion of spirit, in conse quence of the small amount of fluid contained in the stomach—I should say it was certainly not sufficient to cause intoxication—I should conceive that the digestion was about half completed only—I made no other observ
ation, except the question whether the individual could have died presenting those appearances, from drunkenness; and in consequence of the absence of all morbid appearances in the stomach I conclude she could not—and there being no portion of poison in the stomach, in the absence of all de-struction of the stomach, or morbid appearance, we came to the conclusion she had not taken poison—as far as the stomach is concerned, I conceive death must have been sudden, and while the individual was in possession of cool health, as there was evidence of digestion still going on.
COURT. Q. Was there any appearance of tea in the stomach? A. There was no smell of tea, and there was no appearance of milk.
DR. LANE Cross-examined by MR. PRICE. Q. You have confined your-self to whiskey, rum, and gin? A. Those are the three experiments I made in reference to this particular case—I have not tried brandy—there is a very considerable difference between the evaporation of spirits in the stomach and in the open air—in making an observation of that sort, I must give my reasons for stating what I believe to be the nature of the difference—in the stomach it will necessarily be considerably less than in the atmosphere—its being mixed with tea will not make any difference in the delay or expedition of evaporation—it will have the effect of destroying the odour of gin completely—green tea, if used in considerable portions to gin, will completely cover the odour—it will not have the same effect with rum—it would cover the odour of gin in proportion to the quantity—I have no means of knowing whether any of the spirituous matter bad been ejected from the stomach—the presumption is, and the direct evidence, that none had been vomited—the stomach was not full, by any means—I cannot say what quantity had been digested—I cannot undertake to say the stomach had not been full—I believe it was about ten or twelve days after the 24th of December that I examined the contents of the stomach—that was long enough for the odour to have con siderably escaped, but not wholly to escape—I speak advisedly when I make that assertion.
(Mr. John Freeman, stone-merchant, Millbank-row, Westminster, deposed to the prisoner Gale's good character, from November, 1883, to January, 1834, when she was a wet-nurse in his family.)
GREENACRE— GUILTY— DEATH .—Aged 42.
GALE— GUILTY .—Aged 35. Transported for Life.
LONDON AND MIDDLESEX LARCENIES.
OLD COURT.—Monday, April 3rd, 1837.
First Jury, before Mr. Recorder,
NOT GUILTY .
and Bridget Rixon came and took my lodging—the prisoner Bridget said, they had just come from the country, and could not give a reference; and she had a daughter coming from a different part of the country, who was married, and was coming to meet her husband—they all three came into the lodging the same evening, Tuesday the 21st of February—I did not then observe any thing particular about the daughter, but I did afterwards, and said to her, "You are very large in the family way"—she said she hoped it would be over before her husband came home—she laid in on the 25th—there was no preparation made for the child—I never saw any linen, or any thing—the mother attended her—on the following Monday, as I was going to market, the male prisoner told me the wet nurse was coming for the child—I said, "I should like to see it—he asked how long I should be out—I said half an hour—I was not a quarter of an hour gone—when I returned, I went into the kitchen, but I never saw the child—I saw the prisoner Bridget go out with a cloak or shawl on, and when she returned, she said she had taken the child to the nurse—I said I hoped she had got a good nurse for it—she said it was a very respectable woman, who had come from the country, that she had given it to her, and it was gone into the country—I afterwards wished them to leave the house—I spoke to the old gentleman about a suspicion I had of their intending to murder the child, and he said it was all false together, my foundation'was not good—Westborne-sireet is about three minutes' walk from my house.
WILLIAM BACHELOR . I am a medical man, and h've in Sloane-squre, On Friday evening, the 24th of February, the male prisoner came to my house to engage me to attend his daughter Mary Ann, in her confinement, and said it might be that evening—on the following morning I was fetched at nine o'clock, and saw the three prisoners—the child was born lste on the Saturday night—there did not appear any linen, or any preparation for the child, and they made an excuse that she was confined earlier than was expected—in my judgment it was born in its natural time—I inquired who the father was—the grandmother told me he was away in the country, mi he was going to travel into Germany—she said she expected him that night or the next morning—I called again on Sunday, and asked if the father had arrived—the grandmother said he had been there and seen the infant, and he was gone out—I went there again next day, and the younger prisoner seemed to be doing well—she was crying very much, and seemed very much grieved about something—I noticed it, and the grandmother said she could not suckle the infant, and that a medical man in Ireland bid told her she must not, as she had a liver complaint—I said, it was all nonsense, she ought to suckle it—they then said the husband was going abroad, and she could not take it with her—on Wednesday, between three and four o'clock, I went again and saw all the defendants—I asked to see the infant—the grandmother told me it was gone to Wandsworth, to an old servant of theirs—I questioned them, and said I was going to Wandsworth, and if they would give me the name of the nurse and the place, I would call and see it—the grandmother said they did not know the name of tie person, nor the place, as it was a large place—I still pressed to see the child, and they promised it should be brought to my house in two days—I went again on Thursday, the 2nd of March, and repeated my desire an determination to see the child—the male prisoner was not at home then—the grandmother said repeatedly, in the presence of the daughter, that should be brought to me—I called again on Friday, and saw the mother
and daughter, and asked where the child was—they said at Wands worth—i again asked what part—they still gave me no answer—I asked if Mr. Rixon when he came home would go with me to Wandsworth—the reply fit, they did not think he knew where the child was; in fact, he could not go with me—I said I considered it my duty to see the child, and they said I ihould see it—I have since seen an infant at St. Margaret's work-house, Westminster, purporting to be the child in question, and from it general character, I think it is the same.
jury. Q. Did you receive any payment for your attendence? A. I did afterwards, but I believe they were in a very destitute state—the younger prisoner appeared quite under the control of her parents, and she seemed to hive been crying very much.
Cross-examined by MR. THOMPSON. Q. There was a large family? Yes, of young children—a sovereign was sent to me in a note.
COURT. Q. I suppose, in the weak state the younger prisoner was in the was more likely to be under the necessity of being under the control of others? A. Exactly so.
WILLIAM SMITHERS (police-constable B 12.) On Monday night the 27th of February at half-past ten o'clock, I was on duty in Park-street tod was called to Mr. Watson's house No. 6, where I found a basket con-taining an infant—there was some wadding and a letter in the basket, and some clothing on the infant—I took it to St. Margaret's workhouse, Westminster—it was very wet and cold weather—the basket was open—it was on the steps of the house—I had passed the bouse not more than eight minutes before, and there was nothing there then—I understood a clergy-man found the younger prisoner instructing five or six children in the room.
GEORGE THATCHER . I am a policeman. On the 6th of March I went to No. 10, Lower Sloane-street, and saw the prisoner Bridget—I told her, in consequence of information I had received respecting an infant born in that house, I was obliged to make some inquiry, and I asked her if she was the person who had been confined—she said, "No"—I asked if any female in the house had been confined—she said, "It was my daughter—I asked to see her—she said she was very ill, and I could not see her—I asked where the child was—she said it was at nurse at Wandsworth—I asked where there—she could not tell me—I asked if the daughter could tell me—she said no, but Mr. Rixon could, and he would be in betweok eight and nine o'clock in the evening—she said her daughter was so ill she could not suckle the child, and she was troubled with some complaint—I returned again in half an hour, in consequence of further information, and found Bridget had left the house—I inquired for the daughter, and was shown to her—she was then up, and writing a letter—I asked her where her infant was—she said, "At nurse, at Wandsworth"—I asked if she could tell me where—she said she could not—I asked if she was sure it was not at St. Margaret's workhouse—she said, "Is it?"—I said, "It is nut for me to know whether it is, "because I could not speak to it—I asked her by what name it was to be christened—she said it was to he christened after its grandmamma, Henriette—I asked her if she was certain it was not to be Eleanor Somerville—she began crying, and said, "is useless for me to deny it any longer, it is my child"—I asked her
who placed it at the door in Park-street—she refused to answer—this letter was afterwards shown to her at the station-house, and she said it was her writing.
Cross-examined. Q. When you asked her who placed the child at the door, did she positively refuse to tell you? A. She made no reply.
(The letter in question was here read, it requested that the child might be taken care of, and got into the hospital, and be baptized as Eleanor Somerville).
HENRY BUR FORD . I am a police-inspector. I went on the 6th of March to the house in Lower Sloane-street, and saw the younger prisoner—I asked if the child found at Mr. Watson's door in Park-street, West-minster, was her's—she said it was—I asked her who put it there—she said, "I decline to say"—I asked her where her father and mother were—she said they were gone out—I went away, desiring her to send her father and mother to me at the station-house, and in about an hour and a half they came, and both admitted the child was their daughter's—I asked them who put it at Mr. Watson's door—they both said their pecu-niary difficulties had caused them to put it where it was placed—the younger prisoner admitted having written the letter which was found in the basket—they said they intended to plead guilty at the office; they should not deny the child being hers—I asked the grandmother who put the child there, and she declined telling me.
JONES. I am servant at Mr. Watson's. The bell was rang, and I went to the door—the basket was there—we were at prayers at the time—I thought it possible some person had left something there, and would come back—I went and finished prayers—I then came back—the basket was still there—I put my hand in, and the child cried—I then called the policeman.
J. RIXON— GUILTY
B. RIXON— GUILTY Recommended to mercy.— Judgment Respited.
M. A. RIXON— NOT GUILTY .
921. WILLIAM PARKER was indicted for stealing, on the 13th of February, 4 jackets, value 8s.; 1 pair of trowsers, value 1s. 6d.; and 1 waistcoat, value 6d.; the goods of Ann Smith: and that he had been before convicted of felony.
ANN SMITH . I am a widow, and live in Union-street, Middlesex Hospital. I deal in second-hand clothes. On Monday, the 13th of February, I missed these articles and some other things, which have not been found, from my store-room, at the back of my shop.
ROBERT REED . I am sixteen years old, and am in the service of Mr. Dallimore, of Great Titchfield-street, Oxford-street. On Monday, the 16th of February, I was passing the prosecutrix's shop, and saw the prisoner with two other boys—the prisoner was looking round the corner of the shop—I saw him crawl in on his hands and knees, and then he came out with a bundle of clothes on his shoulder—he was crawling till he came to the door—he then took them off his shoulder, and put them into his apron—I followed them till I met a policeman, whom I told he had stolen some clothes—the prisoner and his companions ran away, but the policeman caught him—I saw him throw away one jacket and one pair of trowsers, which I took to Mrs. Smith's.
Prisoner. He stated at Bow-street that I did not crawl on my hands
and knees, but that another one did, and that the other boy stole the things—(the witness's deposition being read, agreed with his evidence.)
Prisoner. Q. You came up to me, and took the clothes out of my apron, and said I was to give you half of it? Witness. No, I did not.
Prisoners Defence. It was not me that took them—it was another boy, who crawled in and took them.
GUILTY . Aged 14.— Transported for Seven Years.
OLD COURT.—Tuesday, April 4th, 1837.
Second Jury, before Mr. Recorder.
HENRY LEADER. I am a merchant, and live in Great St. Helens, Bisbopsgate. In the afternoon of the 9th of March, I was in Lime-street, in company with Mr. Flood, and when I got to a passage leading to Lea-denhall-market, I felt something touch me behind—I turned round quickly, and taw the prisoner walking away with my handkerchief in his hand—I walked quickly after him—he seeing me follow him, began to run—I fol-lowed him into Lime-street, and when within a few paces of him, he threw down the handkerchief as quick as he could from him—I took it up and called, "Stop thief"—he turned down Cullum-street, and was caught just before he got into Fenchurch-street—I am certain of his person.
(Property produced and sworn to.)
Prisoner. I know it was not me.
GUILTY . Aged 14.— Transported for Seven Years.
THOMAS HALL . I live in Bishopsgate-without. The prisoner was in my employ to sell goods and receive money at the counter—he was to account to the cashier—he was so employed on the 6th of February—he has never accounted for these sums.
ELIZABETH THOMAS . I live in Widegate-alley, Bishopsgate. About half-past eight o'clock on the evening of the 6th of February, I went to Mr. Hall's shop, and the prisoner served me with 4 1/2 yards of calico, which came to 1s. 10 1/2 d.—I gave him a half-sovereign and one shilling's worth of copper, and he gave me the change.
CHARLES TRAFFORD . I am cashier to Mr. Hall. On the morning of the 6th of February I was sitting at my desk, and the prisoner borrowed 1s. of me to pay the postage of a letter—he gave me an I 0 U for it—in the evening of that day I saw Mr. Smith collect the money I had in my desk—I had put the I O U there, and had asked the prisoner to pay the
shilling—he said he had not any money—about a quarter of an hour after-wards he came to my desk, and brought me a shilling's worth of copper and half-a-sovereign, and told me to take 10 1/2 d. out of the half sovereign, and to take the shilling's worth of copper to pay his I 0 U—I gave him the I O U, and the change out of the half-sovereign.
Cross-examined by MR. DOANE. Q. How came you to recollect this was the 6th of February? A. The circumstance of his paying me the shilling in copper makes me recollect the date—my attention was called to it on the 18th of March—more than a month afterwards—I have been six months in Mr. Hall's employ—I am quite sure I gave him the I O U back—the shilling I lent him was my master's.
OLIVE PACE . On Saturday morning, the 18th of March, I went to Mr. Hall's shop—the prisoner served me with some gloves, ribbon, and sew-ing-cotton, which came to 1s. 5d. altogether—I gave the prisoner half-a-crown—he left me, and brought me 1s. 1d. change, and I left the shop.
HENRY PATTISON SMITH . I saw the prisoner serve Pace—he brought me a half-crown—I gave him two shillings and sixpence in copper for it—he did not give me any account of the goods he sold—in the absence of Trafford the cashier, I was the person for him to account to—in consequence of what I observed, I went after Mrs. Pace, and inquired into the transaction—I told Mr. Hall when he came in.
Cross-examined. Q. Are you quite sure you gave him two shillings and sixpence in halfpence? A. No—it was one shilling, two sixpences, and six-pence in copper—I did not observe that he put any money into the till—he might have done it without my observing it—it is usual to put sums under the amount of 3d. into the till, but above that, they should be accounted for to the cashier.
MR. HALL re-examined. He has been about eight months in my em-ploy—Trafford is my regular cashier—I have a number of shopmen, but they do not officiate at the desk—another boy takes it in turn with Traf-ford, when he is at his meals, sometimes, but it is Smith's duty to seethe desk attended to—the other boy was not at the desk that day—the till was examined immediately this was discovered, by Mr. Smith and Mr. Hall, who had the key of the till in my absence—the cashier's book is al-ways balanced at eight o'clock every evening.
JURY. Q. Did you never have silver put into the till? A. New, and I found none there.
(The prisoner received a good character.)
GUILTY . Aged 22.—Recommended to mercy.— Confined One Month.
WILLIAM ADAMS . I am shopman to William Stephen Dew and ano-ther, hosiers in Cheapside. In the afternoon of the 31st of March I saw the prisoner come to the door, take up a bundle of shirts which were exposed there for sale, place them under his arm, and walk off with them—I fol-lowed and stopped him with the property about five doors off—the things were full three feet from the pavement.
GUILTY . Aged 28.— Transported for Seven Years.
THOMAS CAVE . I am a cut glass manufacturer, in Falcon-square. On the evening of the 28th of March I was passing down Newgate-street, and felt somebody pulling at my pocket—I turned round and put my hand on the prisoner's collar—he was close to me, and shuffling my handkerchief from his left hand to his right—he threw it down—I took it up, and gate him in charge of an officer.
Prisoner. I did not have the handkerchief.
MR. CAVE. There was nobody else within twelve yards of me—he was close on me.
GUILTY . Aged 15.— Transported for Seven Years.
ELIZABETH SYGRAVE . I am a laundress, and live at Potter's Bar, South Mimms. On the afternoon of Wednesday, the 1st of March, I heard a female at my door ask me if I wanted any matches—I was in my back room, and answered that I did not—I had a quantity of linen on an ironing board in the front room—I heard the front room door opened and shut—I went into the room and found a silk handkerchief gone from the ironing board—I immediately went out and made inquiry, and the witness gave me information—I went to Barnet and found the handkerchief at Thimbleby's, on the 7th of March—it belongs to the Rev. Henry George Watkins.
HENRY WRENCH . I am a shoemaker, and live at Potter's Bar. On the 1st of March, between two and three o'clock, I saw the prisoner go out of Mrs. Sygrave's door and go away—I did not see her with any matches.
JOHN THIMBLEBY . I live at Chipping Barnet. On the 4th of March the prisoner came to my shop and produced a handkerchief, the requested half-a-crown on it, saying it was for Mr. Chinks, a chimney sweep at Barnet, who I knew; and she said that when he had sold bis soot he would come and fetch it out—I advanced her 2s. on it—I knew a handkerchief had been stolen, but could not see the initials on it—I afterwards saw Chinks, and gave information to the constable.
THOMAS AUSTIN . I am a patrol at Barnet. I apprehended the prisoner—she owned to having stolen the handkerchief, and the man she lived with I found the duplicate on—I do not know his name—I have seen the pri-soner several times, selling matches about.
(Property produced and sworn to.)
GUILTY . Aged 22.— Confined Three Months.
GEORGE BATTERSBY . I keep the Prince of Wales public-house, Turn-ham-green. The prisoner was my waiter and pot-boy, and left on the 21st of February, without giving me any notice—on that morning I was packing up some wine to send out, and he said, "Oh, I want two bottles of Masdeu, and change for a £5 note, for Mr. Holgate, of Acton-green"—I left the change for him with my cousin, Ann Battersby, and the wine—I never saw
him afterwards till he was apprehended—I afterwards saw Mr. Holgate—the prisoner was occasionally employed by me to receive money—I had not desired him to receive any from Mr. Holgate.
HARRIET HOLOATE . I am the wife of last witness. On Monday, the 20th of February, the prisoner came to our house with some beer—we owed the prosecutor 10s.—we sometimes paid him weekly, and sometimes in about ten days—I paid him 10s. in silver on the 20th of February, on his master's account—he never brought me any wine nor change for a £5 note.
GUILTY . Aged 19.
928. JAMES GEORGE was again indicted for stealing, on the 21st of February, 3 pints of wine, value 5s.; 2 bottles, value 4d.; 2 sovereign, 2 half-sovereigns, 4 half-crowns, 20 shillings, and 20 sixpences; the goods and monies of George Battersby, his master.
GUILTY . Aged 19.— Transported for Seven Years.
GUILTY . Aged 14.— Confined Three Months.
930. FREDERICK BLACKETT and JAMES COOK were indicted for stealing, on the 26th of February, 2591bs. weight of lead, value 2l. 4s., of and belonging to John Gladding, then being fixed to a building, against the Statute, &c.
ROBERT M'GOVERN (police-constable H 53). On Sunday morning, the 26th of February, I was on duty in Weatherhead-gardens, Virginiarow, Bethnal-green, about half-past three o'clock, and saw the two prisoners carrying lead—they were walking, and on seeing me they ran as hard as the lead would let them—I heard one say to the other, "The privy"—they ran into a privy, and I caught Blackett as he came out, and asked what he had got there—he said, "Nothing"—I said, "You must have something, or you would not be in such a hurry"—I took him to the privy-door, and the other came out—they both asked me to let them go, as it would ruin them—I refused, and sprang my rattle—Cook ran away—I brought Blackett into the privy, and found the two pieces of lead on the scat, which I had seen them carry—two officers came to my assistance,
and we took Blocked to the station-bouse with the lead—he gave his address, "No. 16, Virginia-row, "but we found nobody lived there—we made inquiry, and found he lived at No. 6—we went there, and at the back of the house four more pieces of lead were found, and I found Cook in bed in the same house—he said he hoped I would not appear against him—I found on him a clasp knife, a knife blade, and a pair of ear-rings—I afterwards found two other pieces of lead near a chapel in Virginia-row; I found the tiles taken off the adjoining house, which was the empty house; a passage was made to the leads on the chapel roof; and on the roof of the chapel, in the gutters, I found lead taken off—I compared it with the roof, and am satisfied it came off that chapel—it fitted even to the marks where it was cut—I am certain Cook is the one who ran away—I had my light, and it was moonlight—I swear positively he is the man.
Blackett. Q. You did not see me with any lead? A. I did—You both had lead.
Cook. I was at home in bed—I went home at twelve o'clock, and was never up afterwards. Witness. I am sure he is the man—I turned my light on his face, and saw him—I marked the white buttons on his jacket and waistcoat—the back of the knife found on him was hammered, as if it had been used with lead.
DAVID EVANS (police-constable H 118.) I heard the rattle spring, and found Blackett in M'Govern's custody—I found two pieces of lead in a privy close by—I afterwards went to Virginia-row, and found Cook in bed, and four pieces of lead were found in the yard—all the lead was applied to the roof of the chapel, and it covered the places which had been previously stripped.
TIMOTHY TOOMEY (police-constable H 22.) I went to the privy, and saw two rolls of lead in an apron, which Blackett claimed—I afterwards went to No. 6, Virginia-row, and found four pieces of lead in the back yard—I saw the lead applied, and it corresponded.
JOHN GLADDING . I am a chandler. I have a nineteen years' lease of the chapel in question, and am bound to keep it in repair—I used to keep a chandler's shop in it, but have made a chapel of it since—Mr. Henry Eltham is the minister—I have seen the lead in the officer's possession—it is worth about 30s. as old lead.
Blackett's Defence. I went out about three o'clock on the 26th of February into Weatherhead-gardens, and went into the privy to ease myself—I saw a strange man there with the lead—the policeman came and col-lared me, and took me—when I went out at twelve o'clock I left Cook in bed, and he was in bed at the time I went out at half-past three o'clock—I was not carrying any lead.
Cook's Defence. If I had known the lead was in the yard, there was plenty of time for me to have put it away—the yard was open to anybody—it is almost a thoroughfare.
ROBERT M'GOVERN re-examined. I am certain they were both carrying lead—I found Cook in bed about an hour afterwards, with two young men, who I believe to be Blackett's brothers—I desired them to let me see their feces—they got up, but Cook kept his face covered up—I told him to let me see his face, but he would not, and I was obliged to pull the clothes off his face.
Cook. When he came up stairs I was asleep—he said, "I think you
are the one who was with Blackett."Witness. I said, "You are the person"—we were going to take him to the station-house—the house is about a hundred yards from the chapel.
(The prisoners received good characters).
BLACKETT— GUILTY . Aged 20.
COOK— GUILTY. Aged 20.
Confined Six Months.
JOSEPH PARKER . I am a pawnbroker, and live in New Gravel-lane, Shadwell. On the night of the 30th of March the prisoner came to my shop, and offered an apron in pledge—I was attending to another customer, and missed a shawl off a rod at the back part of the shop—I looked at the prisoner, and suspecting she had got it, I said I thought she had some of my property about her—she made no answer—I observed part of the shawl hanging down from her person—I put my hand to her waist, and drew my shawl from under her own, and gave her into custody—this is it.
Prisoner. I picked it up in the shop. Witness. It was pinned to a rod.
Prisoner. I did it through distress.
GUILTY . Aged 17.— Confined One Month.
JAMES HUCKLESBY (police-constable. G 133). On the morning of the 7th of March I was in Old-street, and saw the prisoner there, offering to sell a suit of clothes to a Jew, who was looking at them—I heard the prisoner say, "You may have them for 12s."—the Jew said, "No; I will give you 10s."—I went up—the Jew turned his head and saw me, and said, "I shall not buy them; they don't suit me; they are not yours"—I went up to the prisoner, and asked him what he had got there—he said, a suit of clothes—I asked where he got them—he said he bought them in New-street, Birmingham—I asked the name of the person—he said he did not know—he said he gave 3l. 10s. for them, and had had them about five months—I took him to the station—they are new clothes, and very good.
Cross-examined by MR. DOANE. Q. Was not the name of George Lake mentioned? A. The prisoner mentioned his name to the Magistrate—I was present at the examination, and saw him put his mark to the statement—this is it—(read)—"The prisoner says: The things were got out by George Lake, and he gave them to me to sell."
WILLIAM LIONEL LAMPET . I live at Leamington. These clothes are mine—I directed them to be sent to me from Leamington to Hampstead, in a trunk, by Whitehouse's conveyance—the trunk arrived without the clothes, and a particular trunk which I directed to be sent—Mr. Panther came to me on Saturday, the 11th of March—I believe the coat to be mine—the waistcoat I am certain of—they are worth 6l. 15s. altogether.
Cross-examined. Q. You are not positive about the coat? A. No; never having worn it—I had such a coat, and it fits me—it is the same colour, and the lining and every thing is the same—I believe I saw it the day before I left town, which was about a week before.
JAMES PANTHER . I am clerk to Whitehouse and Sons, who have a wharf in City-road basin—they are carriers from Birmingham and Leamington. The prisoner was in their employ on the 7th of March, as boatman to the Dudley Castle, which arrived in town on Monday night, the 6th of March—in consequence of what I heard, I went to Clerkenwell prison, on Friday, and saw the prisoner there—I have an entry of a box from Leamington, for W. H. Lampet, Esq., London—we received a box with that direction, and it was delivered to the gentleman—it weighed 1 qr. 141bs.—I weighed it at Hampstead, without the clothes, and it weighed 391be.; 3lbs. short.
Cross-examined. Q. Where was the prisoner on the 6th? A. Coming from the country to London—about forty miles from town, I believe—it would not be his duty to be further from London than that—on the Tuesday when the boat went out, he was absent—he had arrived with the boat—there was a person named Lake with the boat—he is not here—I heard the prisoner say George Lake took the clothes out, and gave them to him, and hat was all he knew about it.
COURT. Q. Did the box appear to have been broken open? A. The trunk and the lock were very old—the prisoner gave me the key of his closet, and there I found a shirt which Mr. Lampet claimed.
MR. LAMPET re-examined. The bolt of the lock had been pushed back—there were other clothes missing besides these two shirts and two handkerchiefs; after the deposition bad been taken, I said I bad lost two shirts, and the prisoner said, "You will find one of them in my closet."
GUILTY . Aged 21.— Confined Six Months.
933. WILLIAM EDWARDS, JAMES MARSDEN , and THOMAS PUZEY were indicted for stealing, on the 4th of March, 112lbs. Weight of hay, value 5s.; the goods of Thomas Grissell and another, the masters of the said William Edwards and James Marsden.
MR. DOANE conducted the prosecution.
GEORGE BAXTER . I am horsekeeper to Mr. Thomas Grissell and Mr. Peto, who have works going on at the Birmingham railway. They rent part of a barn at Hillingdon, and Mr. Whitney rents the other part—a quantity of hay was bought of Rose, and placed in that barn for the prosecutors—on the 4th of March, I wrote an order on the prisoner Puzey for some clover—he is a jockey man, or bay haggler, and keeps a Tom and Jerry shop—he buys hay and sells it—he is not a farmer to my knowledge—the other prisoners were employed as chaff cutters by the prosecutors—in consequence of information I received, I accompanied Haynes, the constable, to a shed near Puzey's, on the evening of the 4th of March, and found two trusses of clover hay in the shed—I had seen it before, and believe it to belong to Messrs. Grissell and Peto—I had seen a quantity of it delivered into the barn on the 27th of February, from Rose.
Cross-examined by MR. PHILLIPS. Q. What are you? A. I have been brought up a farmer, I now look after the horses and harness—I have not brought any hay from the barn—Puzey said the hay found on his premises was his own, and he had bought it of Mr. Slark, I believe—he said it was not my master's hay—I have a truss of the hay at home, but the constable told me it was not required—I went with Haynes to Puzey's, but did not go in doors—it was an open shed where the hay was found—there was no lock or any thing to it—his son said at first that it was their own hay,
and he had bought it of Slark, and then the father said so—he told us where Slark lived, but we did not go to him.
MR. DOANE. Q. He did not mention Rose as the person he bought it of? A. No.
THOMAS HUMPHRIES . I am servant to Mr. Whitney, who occupies part of the barn in question. On the 4th of March I went to the ban to feed the oxen, and saw the prisoners, Edwards and Marsden, taking the clover down which Puzey had brought—Puzey was in his cart, and a boy was tying a rope up behind the cart—before they had unloaded the cart there were six trusses left on, and Edwards or Marsden put a truss of hay into the body of the cart—it was brought out of the barn—I saw then both there, and saw one of them put it up—they were both present, and Puzey trod it into the body of the cart—they then gave him another trush up, and he put it down into the cart—they then unloaded all the clover, and a boy drove off with the two trusses of hay—Puzey remained at the barn as much as ten minutes—I thought it not all right, and gave information to Mr. Whitney, my master.
Cross-examined by MR. PHILLIPS. Q. What time of day was it? A. New upon one o'clock—it was clover hay that he brought in his cart.
COURT. Q. Was what he brought and what he took away alike? A. No—what he brought was very dark, what he took away was very light.
Cross-Examined by MR. CLARKSON. Q. Does this barn join any other building? A. No—it stands by itself—there were no farming men of Meseis. Grissell's and Peto's there—there was a man of ours in the same barn, but he was separated from them by some straw—there is no partition in the barn, but our man could not see what they were doing, as he was threshing—Mr. Whitney was gone to shoot a load of dirt—the prisoners were apprehended on the Monday, two days afterwards—I gave information to Mr. Whitney ten minutes after I saw it—they remained at work all day after I had told—I have worked for Mr. Whitney ever since Michaelmas—I do not know how long we have had the barn—I only went to feed the oxen—there was no other cart there at the time—I was not there above five minutes—I did not speak to them—master was about 300 yards off, and I met him coming when I went to him—there were not two carts there then.
JAMES HAYNES . I am a constable of Drayton. I went, in pursuance of a warrant, to Puzey's house, on the 4th of March, a little after nine o'clock in the evening—I found two trusses of hay in the shed, which I took home to my house—Baxter was with me—Mr. Rose saw it afterwards it has since been stolen out of the chamber window, and this little quantity remained behind.
GEORGE BAXTER re-examined. This is not at all like the hay puzey left—it has not the least resemblance to it in colour or quality—it is not of the same growth—it is the same quality as Rose sold us—I was on the premises that day, but did not see Puzey there.
LEWIS ROSE . I am a former. On the 27th of February I delivered the prosecutors three wagon loads of hay—I saw two trasses in the constable's possession on the 15th of March, and my opinion is that it was some of my hay—it corresponded in quality and appearunce with what I sold to the prosecutors on the 27th—it was the same growth and out of the same rick—I had sold some to other people, but not lately.
quator after nine o'clock—he was liberated that evening, and appeared again on the Monday—he was at liberty all Sunday—the hay was lost from the workhouse on Thursday night or Friday morning—I found it littered all the way from the window, about 200 yards, to a river—I took some out of the river—there was a bed and bedstead in the room it was titles from, but that was not taken.
Evidence for the Defence.
JOHN PUZEY . I am the prisoner's son. I was precent when the two trusses of hay were taken away from my father's premises—Mr. Slark sold that hay to me—I told them so at the time, and so did my father—my father bays and sells hay—I did not tell them where Slark lived, but that I bought it of him at Farnham.
MR. DOANE. Q. When was it Mr. Slark sold you the hay? A. I cannot say, but it was the same day as Uxbridge fair, because I came from the fair at the time—it was just the beginning of winter, about four months ago—it was more than a month before Christmas, but I fetched some of it my after Christmas—Clark was present when I bought it at the farm.
COURT. Q. Look at that small portion of hay—have you ever seen any like that before? A. Yes—I have seen some at Mr. Slark's like it, and I have seen a deal like it—I saw some coming along this morning, like it.
MR. PHILLIPS. Q. I believe you and your father, at different times, bought a deal of hay of Slark? A. Yes—I used to buy on my father's account.
HOWELL SLARK . I am a farmer, and live at Farnham Royal, near Windsor. I have known the prisoner Puzey and his son about three years, ad have sold them a great deal of hay—the last hay he had of me was other on the 8th or 9th of January—he bought part of two ricks, and that was the last he took away—I do not recollect when I sold it, but they have been in the habit of having it all the winter—they took it away an they liked.
COURT. Q. Can you form any judgment whether this is part of it? A. It is impossible to say—there is clover and bents in this, the same as there was in mine—I grew the hay, but it is impossible to swear to it—this is the same herbage, and one rick was a good deal the colour of it—there it no doubt a great quantity of that hay all over the kingdom—I could not swear to a truss after its leaving my place.
WILLIAM SWAN . I have been in Puzey's employ fourteen years—he always bore a good character. On the 4th of March I saw the boy return with the cart from Puzey's—there was no hay whatever in it—I saw the trusses at Uxbridge, and told the Magistrate I could not swear to it—the hay that was taken from master's premises had been there about two months—I took the rope and cloth out of the cart when it returned—there was nothing else in it but some loose bits of hay.
MR. DOANE. Q. Do you remember your master selling some hay to the prosecutors? A. Yes—he took some there on the 4th of March—I put the hay up to him in the cart—it was taken from his general stock of hay—it was all of a similar quality—it was dark hay that he took to the Prosecutor's—it was mixed—there was some dark and some light—some of it was a little burnt.
COURT. Q. Was it any portion of the hay, two trusses of which were afterwards removed? A. I cannot say.
MR. DOANE. Q. Did you see the cart coming along the road? A. I
was at home when the cart came home, in doors at dinner, and I came out when they were taking the horse out.
MR. PHILLIPS. Q. Did you hear the cart come to the door? A. I saw the horse come by the window, as I sat at dinner—there was nobody that could take any trusses out—the boy was not big enough to lift it—he is between eight and nine years old—I saw him come home with the cart—I went out to him immediately—he could not have taken a trust out without my seeing him.
JOSEPH BRANCH . I am a brick-maker. On the 4th of March I was in the brick field, near the barn, and about five minutes before one o'clock, I saw Puzey come into the yard with the cart—a little boy was driving it—the cart passed by me—there was no hay in it—I must have seen if there had been any—I remember the day, for the wind blew very rough, and knocked the barn-door against Puzey, and nearly knocked him down.
MR. DOANE. Q. Were you near the prosecutor's barn door? A. I was within twenty-five or thirty yards—Puzey got into the yard about the time the cart came—he put the hay out of the cart—I saw him unload his load, and I saw the cart go away—I could not see the floor of the cart, but I could see there was no hay in it—he threw the cloth up empty, after the cart had been unloaded—I am sure there was no hay in it then.
COURT. Q. How far is Pnzey's from the barn? A. About half or three quarters of a mile—it is a high road all the way.
COURT to G. BAXTER. Q. You say the two trusses of hay you saw at Puzey's were in an open shed? A. Yes—there was more hay there, but not of the same quality—there was none but these two—there was a cart drawn up, one laid by the cart wheel, and the other on the top of it—I could judge of the hay—there is a great portion of sow thistles in this—where it is a misplant in the clover sow thistles come up in the place of it.
MR. SLARK re-examined. There were some sow thistles in my hay, and there is on all deep lands—it is considered a proof of good ground.
NOT GUILTY .
JOHEPH STONE (police-constable G 212.) On the 20th of February, about five o'clock in the evening, I was in Whitecross-street, and saw the prisoner go a few paces down the street, and look very stedfastly at me—I followed him, and saw him go into a marine store shop, and present a watch to a woman there, and ask her 4s. for it—she asked where he got it—he said he found it in Shepherdess-fields—I took him into custody—he began to cry, and said it belonged to his father, Mr. Edwards of Browslow-street, Holborn—I went to Brownlow-street, Drury-lane, afterwards and found his father.
RICHARD SIMMS . I am a gold-beater, and lived in Brownlow-street at the time in question—the prisoner is my son—I left him to mind his little brother, on Monday, the 20th of February—my watch was quite safe at two o'clock—I returned home at four o'clock, and found the lock of the door broken, and the watch gone, and the prisoner had run away—he had been locked in the room—this is my watch.
GUILTY .* Aged 10.— Transported for Seven Years.
NEW COURT. Tuesday, April 4th, 1837.
Fifth Jury, before Mr. Common Sergeant.
935. JOHN SMITH was indicted for stealing, on the 20th of March, 1 waistcoat, value 1s. 6d.; 1 hat, value 2s.; and 1 stock, value 6d.; the goods of John Brettargh: and that he had been before covioted of felony; to which he pleaded
GUILTY . Aged 31.— Transported for Seven Years.
GUILTY . Aged 19.— Transported for Seven Years.
ALEXANDER MACINTOSH . I live in Great New-street, and am a printer. I tare three houses there that communicate, Nos. 19, 20, and 21—this lead belonged to No. 20—I saw it safe last Monday and Tuesday—on Wednesday morning my warehouseman gave me information—I went, and found the lead had been carried away.
BENJAMIN EASON . I am watchman of St. Bride's. On Wednesday morning, the 29th of March, about a quarter to four o'clock, I heard something fall, which induced me to go a little way, and I saw the prisoner coming forward with something bulky about hit person—I said, "What have you got?"—he said, "Nothing"—I said, "I must take you down to the watch-house"—in going along he dropped one of these pieces of lead, and said, "For God's sake don't take me, I have a Wife and family"—he was about four doors from the house No. 20.
SAMUEL HUTCHINGS . I live in Norwich-court, Fetter-lane, and a plumber. I put down this lead on that house—I have compared it—this is part of it, I am positive—it fits to the place exactly, and there is a corner that I broke in dressing it—it matched In every nail-hole, and in every sheet of lead—when it is cast there is a number—I cut off part of the number in one sheet, and this corresponds with it.
Prisoner. I was going to work at Lewisham. I saw a man lay something down in a suspicious kind of way—I took it it up, and was going to take it home—I live by New-street—I told the watchman so when he stopped me.
GUILTY . Aged 47.— Confined Six Months; Three Weeks Solitary.
THOMAS WILSON . I live in Cheapside, and am a stationer. The prisoner was in my service on the 14th of July, on the 14th of November, and on the 16th of November—it was his duty to receive money on my account, and to account for it the same day to the clerk, who is not here—his name is Richard Thomas.
STEPHEN TAYLOR . I live in Blackman-street, Borough. On the 27th of March, about half-past ten o'clock in the morning, I was going over London-bridge—a lad struck my little boy who I had in my hand—I went from London-bridge into Thames-street, to look for a policeman, and just opposite Fish-street-hill I saw the beadle—I was speaking to him, and felt something at my pocket—I turned, and saw the prisoner take his hand from my pocket with a handkerchief in it—I caught him by the right arm, and he dropped it from his left hand, and ran away—a gentleman caught him—he was not out of my sight—this is the handkerchief—there is a hole in it—it was not out of my sight.
Prisoner. Another young man took it out of his pocket, and threw it across ray arm, and I threw it off—he ran away directly.
GUILTY .* Aged 18.— Transported for Seven Years.
GEORGE MORTON . I reside in Commercial-road, and am master of the brig, Don. On Saturday, the 19th of March, I was at the Brunswick Tavern, Black wall, from ten till half-past eleven o'clock—I did not see the prisoner—I saw my watch safe at half-past eleven o'clock, when I left—I was sober then, but when I got into the air I got drunk—I was retailing home, and how I lost my watch I cannot tell—I grew insensible—when I awoke I found myself, I think, in Poplar watchhouse—(looking at the watch)—I have no marks upon it, but I know it altogether—the ribbon is not the same—it has been taken off—there was not this crack in the glass—the maker's name is M'Lachlan—it had a brown face, like this—I can swear to it.
HUGH M'LACHLAN . I live in Upper East-Smithfield, and am a watch and chronometer maker. I put a new inside to this watch, for Captain Morton—I know it is his watch—the prisoner came to me about ten o'clock in the morning, on the 19th of March, and asked me to buy this watch—he said, "It cost me a good deal of money, I bought it two years ago, in the City; I was mate of a ship then"—I then opened it, and perceived my own name inside it—after looking at it a little attentively, I recollected whose it was—I said "I suspect you stole this, I must detain it, and you too"—he went out—I went and spoke to a policeman—he ran off, and I sent my son after him—I asked his address—he told me "No. 4, Cannon-street, Poplar, and that his name was John Dykes"—I did not go there—the policeman took him afterwards.
prisoner running, and heard the cry of "Stop thief" after him—he was pointing his finger, and singing out "Stop thief" himself—I looked sound, and as I could see no one but him, I said, "I shall nab the ringleader"
Prisoner. I did not steal it; a sailor gave it me to sell for him on Tower hill.
GUILTY . Aged 55.— Confined Six Months.
GUILTY . Recommended to mercy.— Confined Nine Days.
THOMAS PETTIT . I am butler to Lady Ann Isabella Noel Byron. The prisoner was her housemaid—on the 14th of March I had information that the bad a quantity of soap concealed in her box—I wrote to Lady Byron, and had directions to examine her box—I believe the box was hers—she first owned it, and then said it was not hers—I found a quantity of soap—the policeman has it here—it is the sort of soap that is usually given out by the housekeeper for the use of the town-house—I have reason to believe that it is Lady Byron's soap, but I cannot swear to it.
Cross-examined by MR. PAYNE. Q. Does Lady Byron live in this house? A. The greater part of the year she is away—Mrs. Looket is the housekeeper—she is not here—it was her custom to give out soap to be distributed in the house.
COURT. Q. Where is the soap kept?A. In the housekeeper's cloth—the housekeeper was not in the house at that time—she generally gives out small quantities when she is at home.
JOHN PASCOR (police-serjeant T 19.) About six o'clock in the evening, of the 20th of March, I went to Lady Byron's house with the prisoner, to search her boxes—I asked which were hers—she pointed ont two—I searched in one, and found the 1/2 lb. of sugar—in the other I found nothing—there was another box close by—I asked if it was hers—she said no, it belonged to the kitchenmaid—I was rather suspicious that it was, here, and while I was searching it, she said it was hers—in that box. I found the soap produced—she began to cry very much, and begged the butler to forgive her, she said the had taken some part of it, which she had given to the washerwoman to wash her clothes, and the other part was given to her for the house.
NOT GUILTY .
MARIA COHEN . I live in Bishopagate-street, and am single. The pri-soner was in my employ about seventeen months—I lost these shoes on the 22nd of February—I had not sold them—one pair has my mark on them—the other has my sister's—I charged the prisoner with taking them—he begged for mercy, and acknowledged having taken them—I have lost 40l. worth.
JANE COHEN . I am assistant to my sister—we lost a good deal of property—I watched, and saw one pair of shoes in the prisoner's hat on the 22nd of February—I told my sister to send the prisoner on an errand—he
left the hat and shoes under the window—I went to the hat, and found this pair of shoes covered over with an handkerchief—the officer found the other pair.
ROBERT DICK . I am the officer. I searched the prisoner—I then went to his apartment, No. 46, Chick sand-street—I turned up the bed, and found between the sacking and the bed this pair of shoes—he told me he lived there.
Prisoner. I was in very great distress—my wife was very ill, and my wages were very low.
(John Butler, of Fleet-street-hill, and John Burket, gave the prisoner a good character.)
GUILTY . Aged 25.—Recommended to mercy by the prosecutrix.
Transported for Seven Years.
JAMES WHITE . I live in Upper John-street, Golden-square, and am a cheesemonger. I was in Newgate-street with my cart on the 25th of March—I had twenty dead fowls in it, which I had bought in the market—they were worth 2l. 4s.—I placed the fowls in a basket in the cart, and then went into the market again, and came back—I then saw the prisoner—he had got the fowls out of the cart on the shafts, and was just in the attitude of taking them on his shoulder—I seized him, and gave him in charge.
Cross-examined by MR. JONES. Q. Have you since made inquiries about him? A. Yes, and found that he was a porter, in the habit of doing jobs about the market—he did not tell me that he was very busy, and that he really had made a mistake in taking these.
(The prisoner received a good character.)
GUILTY . Aged 19.—Recommended to mercy by the Jury.
Confined Three Months; One Week Solitary.
JOHN STEPHEN GILL . I live in Earl-street, and am an agent for the disposal of medical practices. The prisoner had been in my service about a month—on the 15th of February Coster came to me with a brooch in her hand, which was mine—it had been kept in a little box in one of my apartments—only the prisoner had access to my room—I let out the whole of the upper part, furnished—I only keep the lower floor, and this little box was in one of these rooms—this is the brooch—I looked into my box, and missed it.
ANN PEMLER COSTER . I live in Whitecross-street My daughter ran away from home to live with the prisoner—she left home on the 11th of February, and I sent to Mr. Gill's to ask the prisoner if he could tell me where she was gone—he said no, though he was with her every night—she gave me a brooch when she came home on the Wednesday—I took it back to Mr. Gill, and he claimed it.
ANN PEMLER COSTER . jun. I am fifteen years old. I have been living with the prisoner—I did not sleep with him—I was in the room—I did not sleep at my mother's—the prisoner told me to leave my home, and he would take care of me—I went about with him distributing letters for Mr.
Gill, and what he did not distribute he destroyed—I went to bed in Kentstreet—we spent Sunday together—he went out in the afternoon, and said my father and mother did not care any thing about me—I cheered myself up, because I thought it was true—he went to Mr. Gills on Monday morning—I staid at Kent-street—I do not know the number of the house—it is the corner of a street at a shoemaker's—there were four or five more girls there older than myself—the prisoner came home, and went again the next morning—I did not sleep with him, but across the bed—he gave me this brooch long before I left my home—we were out one evening—he had this brooch and an anchor, and said he had been at a raffle, and won the brooch and the anchor—he told me my father and mother were about after me, and were determined to have me, and I returned to my father's on the Wednesday—I have been in a bad house since—I slept in John-street last night, at Mrs. Wilson's—she keeps a gay house—I slept by myself last night.
Prisoner. She said to me, "If we two could go together, do you think we could live together?"I said, "I do not know," and she said she was going after a place—she went and got it, and then I got a frock out for her out of her wages—she ran away from there, and came and told me she had got her master's tea ready, and got her box, and ran away—we walked about all night—then the went home to her mother's—I went to her mother's, and said "Has Ann been here?"—she came in—she came to me on the Saturday, and said I will never go home any more, I know where to get a lodging, and took me down to Kent-street—I am sorry I took the brooch—I intended to take it back in the morning, and I forgot it—there was an umbrella I took, and I told Mrs. Cotter to take that back to my master's—the brooch I did not think of at the time.
(The prisoner received a good character.)
GUILTY . Aged 15.—Recommended to mercy by the Prosecutor; Confined Two Days, and delivered to his father.
GUILTY . Aged 20.— Confined One Month.
GUILTY . Aged 42.— Confined Two Months.
JOHN MOORE . I live in Frederick-place, Hampstead-road, and am a journeyman pianoforte-maker. I work for Mr. Charles Rowed; this plank of wood is his—about seven o'clock on the evening of the 15th of March I missed it from the yard, and about five minutes after, I detected the prisoner carrying it on his shoulder, in the Hampstead-road—I said, "Stop thief, that is not your timber"—he immediately ran away and dropped it—I am sure he is the man.
Cross-examined by MR. JONES. Q. Is Mr. Rowed here? A. No, it was almost dark when I missed the timber—there were two other planks—there is no other mark than its shape and size—he was about forty or fifty yards from the premises—there were two persons carrying the timber—he came back with the policeman—he did not come back by himself—he was away about three minutes—he did not say that the man who was with him was
named Wilson, he said nothing about Wilson—he said at the office, that Wilson gave it him—the other man got away.
WILLIAM CORNELL . I live in Frederick-place, Hampstead-road. On this evening about seven o'clock, I saw three men standing near Mr. Rowed's garden railing, whispering to one another—I turned into the road to see what they were after—I thought they might be watching my shop—in a few minutes, I saw two of them in Mr. Rowed's yard—they came out with this piece of mahogany on their shoulders—they walked about a dozen yards, and then pitched it down—I went to the yard, and told them of it—Moore came and missed the timber—he came with me, and about four or five doors from where he had pitched the timber, we saw the prisoner and another carrying it on their shoulders—Moore was four or five yards off—he said, "Stop thief, you have stole the timber"—they threw it down, and the prisoner ran into Charles-street—I followed, he turned round, I took hold of him—"What is this about, "says he, "what is the matter?"—I brought him back to the place, and Mr. Rowed's young man gave him in charge.
Cross-examined. Q. He went back with you at once? A. I led him bock—he did not come voluntarily—he said, at the station-house, that a man had asked him to carry it—he did not say the man's name was Wilson—he said he was a carpenter—they went different ways—the prisoner ran 100 or 150 yards.
NOT GUILTY .
JOHN JACKSON GOSSET . I live in George-street, Mansion-house. On the evening of the 10th of March, I was in Fleet-street between seven and eight o'clock—I felt a twitch at my pocket—I turned, and found my handkerchief in the prisoner's hand—he was close behind me—I collared him, and gave him into custody—this is my handkerchief.
Prisoner. I was in distress at the time.
GUILTY .* Aged 21.— Confined Six Months.
THOMAS FORD . I keep a butcher's shop in Canton-street, Brunswicksquare. The prisoner was in my premises assisting on the evening of the 7th of March—I charged him with having something in his pocket, and asked him what it was—he said, "A sweetbread," and produced it—I said, "Is that all?"—he said, "Yes"—I said, "You have got more tan this," and then he produced fat to the weight of about 9 3/4 lbs., and then I found some in his hat, as much as it would conveniently hold—it corresponded so far with what I had, that it was hot, and we bad been killing a bullock—I charged him with taking it—he said he was very sorry, it was the first time.
Cross-examined by MR. MITCHELL. Q. Was he employed by you? A. He is the man that generally drives my beasts—he is not employed in killing—his master's name is James Catey—my journeyman's name is James—he does not remunerate him—this fat is not his Property—he could not have had the fat from other butchers, as it was hot—he had been two hours on our premises—it would not continue hot for two hours—it had been killed about three quarters of an hour—I swear it was mine, from the
knowladge I have of fat—there were no other persons there but my journeyman, and no one was aware of his taking it—the prisoner said so himself—he came occasionally to assist my men, without being asked—the fat was deposited in my slaughter-house, at the back of the house.
NOT GUILTY .
OLD COURT.—Wednesday, April 5th, 1837.
Third Jury, before Mr. Sergeant Arabin.
951. ADOLPHUS CANES was indicted for stealing a pencil-case, value 30s., the goods of Frederick Shepherd;—and also, for stealing I pencil-case, value 40s., the goods of Christopher Walton; to both of which indictments he pleaded
GUILTY . Aged 17,— Transported for Seven Years.
SOLOMON LEVY . I am a tailor, and live in Well-close-square. On the 2nd of March I was on board a vessel in the St. Katharine's Dock—the prisoner was in the next vessel—I did not know him before—he spoke to me first, and seemed to know me—he said he had come off a long voyage, and said, "I want a suit of clothes, Mr. Levy; if you will make me one to my satisfaction I will pay you justly"—he asked the price—I said it would be 3l. 9s. the suit—he said when the work was done he would pay me—I made the clothes, and brought them on board to him on the 4th—he had told me to bring them there—I took him a pair of trowsers and a waistcoat, which came to 1l. 16s.—he seemed perfectly satisfied with them—I folded them up, and he said, "What shall I have to pay you?"—I said, "These things come to 1l. 16s."—he looked round, called to one of the men, and said, "Where is the key of my trunk?"—a man came up to him, and gave him a key—he took the things out of my hand, jumped down into the forepart of the vessel, and said, "I will pay you in a few minutes, "but in about five minutes he jumped up, and jumped on shore, and ran off like lightning—I pursued him, but could not find him—I should not have let him have had the things without immediate payment—I have never found the clothes—he was taken up about two days afterwards, and I said, "How dare you rob me in that kind of way? what have you done with my things?"—he looked at me and laughed, and said, "What I have done I have done clean; I have served you as I have served a great many more, and will serve others so, in defiance of the law of Great Britain"—I said, "I don't wish to hurt you; very likely you have pawned them; if you will give me the duplicates, I had better lose the half than the whole"—he said, "Oh, no; I know my trade better than that; I am not such a fool"—an officer came by, and I gave him into custody—he had never come for the jacket.
Prisoner's Defence. He came on board the ship on Thursday—he is a jew, and would sell a thousand such fellows as me for half-a-crown—he offered to make me a suit—I said, "Well, make me a suit as quick as possible"—next day I went on shore, and came on board rather fresh—he brought the trowsers and waistcoat, and said, "The jacket will be done in about an hour and a half and when I bring it you can settle with me"—the captain was paying some of the men down in the cabin at the time,
and the captain's son said to me, in the prosecutor's presence, "Tom, have you got a stamp receipt?"—I said, "No, I have not"—he said, "You had better go and get one, because the captain won't pay you without one"—I went away to get one, and fell in with some shipmates; I got entirely drunk, and never went for the stamp, and when I came on board the ship two days afterwards, the things were gone—they had been getting all the goods out of the ship; and how do I know that man did not take the things back with him? it is as likely as not; a Jew like him would do any thing—he never asked me for payment of the clothes—the first thing he did was to give me in charge—I did not run away from the ship.
GUILTY . Aged 36.— Confined Six Months.
Before Lord Chief Justice Tindal.
MR. PAYNE conducted the Prosecution.
SAMUEL HART . I am a currier, and live in Union-street East, Spitaltields. I know Mr. Hill, a coach-maker, in Little Moorfields—I have had transactions with him in business, in the course of which I saw the prisoner frequently, as his clerk. On the 5th of January, he called on me and brought this bill, saying Mr. Hill would be greatly obliged to me if I would discount it, that he wished to have the money, and I should be doing him a favour by discounting it—after a few words about it, I said I would give him 40/. towards it at that time—I merely said I had not a large stock of money at the banker's at the time—I had objected the day before to discount it, as it was not payable in London, it would not be of any service to me, and that it must be payable in London—he said be would take it back, and get it made made so—I said I would let bio have money on it when it was payable in London—it was merely "Accepted, T. Rich"—it was addressed, to "T. Rich, grocer, High-street, Croydon"—he brought it the next day with the words, "Payable at No. 21, Little Moorfields, "which is Mr. Hill's place of business, and I gave him 40l. by a cheque on Ladbroke's—I had accommodated Mr. Hill with a loan of money before—the cheque was drawn in the name of myself and partner (bill read at four months after date, for 49l. 15s.) the cheque was returned to me as paid by my banker—I have only one son in partnership with me—on the 3rd of March I received this letter by the twopenny post, in consequence of which I went to Mr. Hill next morning.
JOHN BROOKS HILL . I live at No. 21, Little Moorfields. This letter is not my writing—I believe it is the prisoner's—he was in my employ for three months, but not at the time the letter was written—the letter is like his writing—some part of it is very much like his own writing—the signature is not at all like his writing—the body of the note is like his general writing—(read)—"To Mr. Hart, No. 1, Union-street, Spitalfields, Sir, Will you oblige me with the remainder of that bill you had a short time ago of 49l.; I have had 40l.; if you can oblige me with it, will you be kind enough to inclose the cheque in a note addressed to Mr. Harding. at Mr. Washington's, Wenlock-street, St. Luke's, and it will save a great deal of trouble. J. B. Hill. P. S. Be kind enough to let him have it as soon as you receive this—I cannot come myself."
MR. HART re-examined. I did not send to Wenlock-street, but to Mr. Hill's own house—he then came to me, and this was discovered.
JOHN BROOKS HILL re-examined. The signature to this bill is not my handwriting, nor is the indorsement—I believe it to be the prisoner's—the body of the bill I can swear is his—I never gave him authority to use my name—I have made inquiry at High-street, Croydon, and find no such person at Mr. Rich, a grocer, lives there, nor can any one recollect such a person there for many years—I received a communication about a sum of 9l. from Mr. Hart, and went to him about it—I never sent the prisoner to Mr. Hart to discount a bill—he left me on the 23rd of January.
Prisoner. Q. You sent me with an 80/. bill before Christmas last? A. I never did, that I am aware of—I sent him with a note to barrow 30l. in December.
GUILTY . Aged 18.— Transported for Life.
(There was another indictment against the prisoner.)
Before Mr. Justice Littledale.
954. THOMAS JACKSON and GEORGE SMITHERS were indicted for burglariously breaking and entering the dwelling-house of John Benjamin Heath and others, about the hour of two o'clock in the night of the 1st of March, at St. Olave, Jewry, with intent to steal, and stealing therein 33 ounces of silver, value 9l.; 22 franc pieces, value 33s. 4d.; 2 sovereigns, 3 half-sovereigns, 11 half-crowns, 26 eixpences, 3 penny pieces, 11 halfpence, 10 25s. stamps, 8 15s. stamps, 24 12s. 6d. stamps, 6 8s. 6d. stamps, 15 6s. stamps, 6 5s. stamps, and 21 4s. 6d. stamps; their property.
MESSRS. ADOLPHUS and BODKIN conducted the Prosecution.
WILLIAM NEEDLE . I am a clerk in the firm of John Benjamin Heath and two others, at No. 31, Old Jewry, in the parish of St. Olave, Jewry—neither of the partners live in the house—I reside there with my family, by the permission of the firm, in the upper apartments—on Thursday morning, the 2nd of March, about half past two o'clock, I was awoke by a nurse who was attending my wife—I got up, took a light, and went down stairs—I had heard the watchman call the hour of two a few minutes before—I went down stairs and searched two rooms, where I found nothing—I then went into a back room on the second floor—it is a small anteroom—the window of that room was up as far as it could be lifted—I had particularly observed that window the night before, at eleven o'clock, when I went to bed—it was then shut close down, and a wash-hand-stand stood in the recess of that window—I found that removed—a person might obtain access at that window, by climbing to a great height over the roofs of warehouses at the back—I supposed from that, there must be some persons in the house—I was going down stairs to ascertain that, and heard the sound of footsteps going down stairs, as from the counting-house, which is on the first floor—I followed the sound of the steps to the ground-floor, and found the Prisoner Jackson on the mat near the street door, inside the passage—I had a stick in my hand, and threatened if he moved to knock him on the head with it—he requested me to let him go—I did not lay hold of him—he then said, "There is another man up stairs"—I had, before I came
down, alarmed the inmates of the house—Bradstock the porter lived in the house, and I told them to call him—he came, and we secured Jackson—I gave him into Bradstock's custody, and proceeded to open the door, and let in the officers—while I was unbolting the door, Bradstock called out to me that Jackson was getting away—I went back, and forced him ad Bradstock into a small room near the staircase—I then let in the officers, and went up stairs with Bradstock and Cheney, and we found Smithers crouched underneath the desk in the counting-house—Cheney took charge of him—I found five of the desks in the counting-house had been forced open—a great number of papers were strewed about the floor, and I found a small crow-bar and a dark-lantern under the desk where Smithers was taken.
Cross-examined by MR. CLARKSON. Q. Is any part of the house occupied as a warehouse? A. The warehouses are at the back—the front is all occupied by the counting-house, and rooms used at dwelling-rooms—there is no access to the warehouses and counting-house in the night, without coming into the dwelling-house—parties connected with the premises might have access in the day-time—they must go through the dwelling-house to get from the warehouses to the counting-house—the warehouses are immediately behind the house, and to come to the counting-house, you must come up the staircase of the dwelling-house—I occupy the dwelling-house, rent free, as the servant of the firm—the house is the freehold property of Mr. Heath, but it is occupied as the premises of Heath and Co.—none of the partners have slept there since I have lived there.
Q. How many persons were in the house on the night this took place? A. Myself, my wife, the nurse, the porter, and two female servants—my wife had only been confined three or four days before—the nurse was titling up with her—she slept in the front room, third floor—they were all gone to bed before me, except the nurse.
MR. BODKIN. Q. Would the nurse have any business to go into the room you have spoken of? A. Certainly not—there was nothing for her to go there for.
JOHN BENJAMIN HEATH . I am one of the firm of Heath, Furze, and Co.—this house is my freehold property—it is occupied by the firm, and they pay rent for it—they have not a lease—according to the articles of partnership, they allow me 350l. a year for it—Needle is our clerk, and lives in the house as such, by permission of the firm.
Cross-examined. Q. Do the firm pay you rent for the whole premises, or only for the warehouses and offices? A. They pay me rent for the whole of the premises.
WILLIAM HOLLINGTON . I am a watchman. I was on duty in OldJewry, on the 2nd of March, about half-past two o'clock in the morning—I was alarmed, and went to No. 31—when I got in front of the house, I saw a man shove up a front window over the door on the first floor, and get out on the ledge—I cannot swear to him—I sprang my rattle, and he went into the house again—the door was opened in a short time—I went in, and found Mr. Needle there, and Jackson, who I took into custody—I saw Smithers brought down stairs afterwards.
JOHN THOMAS . On the night of the 2nd of March, I was acting at Coleman-street watchhouse, as constable of the night—the prisoners were brought there by Hollington—I searched Jackson, and found on him a half-sovereign, three half-crowns, eleven shillings, four sixpences, and threepence in copper, and I found these stamps at the back of his feet,
lying close behind him, as if they had been dropped—they are stamps of different value, engraved for bills of exchange, and in the margin is "Heath, Son, and Furze."
GEORGE CHENEY . I am superintendant of the watch, of Cheap ward. In consequence of an alarm, on the 2nd of March, I went to No. 31, Old Jewry—I went up stairs with Mr. Needle, and took Smithers into custody—I took him to the watchhouse, searched him, and found on him a lifepreserver, a chisel, a screw-driver, a gimlet, seven skeleton keys, some lucifer matches and sand paper, some assays of silver, two sovereigns, two half-sovereigns, two twenty-franc pieces in gold, eight half-crowns, fifteen shillings, two sixpences, amd sevenpence-halfpenny—this lantern and crow-bar were given to me, next morning, by Mr. Needle—the assays were done up in this brown paper.
HENRY BEVAN . I am a clerk in the prosecutor's employ—they keep a silk warehouse. I have a desk in the counting-house, which I left locked when I went away, on Wednesday night, the 1st of March—I left a bag containing 7l. in sovereigns and half-sovereigns, three twenty-fane gold pieces, and 30s. in silver—when I came to business in the morning, I found the desk forced open, and that property taken away—these assays vert in a drawer, in a book-case—my handwriting is on the papers—assays are pieces of silver taken from the ingot to ascertain the quality—these nine stamps are the property of the firm, I have not a doubt, and the assays also—I had seen them about shortly before—the firm are general merchants—the money in the desk was theirs.
(John Evans, bricklayer, Kennington-road; and George Small, cabinet-maker, Duke's-head-passage, Kennington-lane, gave the prisoner Smithers a good character.)
JACKSON— GUILTY. Aged 36.
SMITHERS— GUILTY of stealing in the dwelling-house, but not of breaking and entering. . Aged 34.
Transported for Life.
Before Mr. Justice Littledale.
955. JAMES THOMPSON was indicted for stealing, on the 8th of February, 1 watch, value 8l. 8s., the goods of Thomas Yates, in the dwelling-house of William Simons; and WILLIAM CAIRNCROSS for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
RACHEL YATES . I am the wife of Thomas Yates, and lodge in Artillery-terrace, Brewer's-green, Westminster, in the house of William Simons. The prisoner Thompson is my nephew—on the 8th of February he came there to see me, about half-past one o'clock in the day—he stopped, I suppose, half an hour or three quarters—I did net leave the room while he was there—I went to the door to clear the dinner things from the table after he had had his dinner—my back was then towards him for a minute or more—it was sufficient time for him to take the watch off the hook—I missed the watch five or ten minutes after he was gone—it hung up in a small recess by the side of the mantel-piece, within half a yard of where he was sitting—it was there when he came in, for I looked to see the time while he was eating his dinner—it then wanted a quarter to two—it was a gold watch, worth eight guineas, and was my husband's—I gave information to Drake, the officer, and saw the prisoner in custody about half-past two or three o'clock the same day, with a boy named Forster—nothing was said to induce him to confess—he said that a boy who had
been with him had stolen the watch from him, and had gone away with it to give it to a girl to pledge—he did not tell me the boy's name—I saw a knife taken out of his pocket, which had been on the sideboard or table when he came to my room—I knew it again.
THOMAS DRAKE . I am a policeman. Mrs. Yates spoke to me about three o'clock on the 8th of February—from her description I apprehended Thompson, and Forster, being in company with him at the time, I took him—I asked Thompson what he had done with his aunt's watch—he said Forster asked him to let him look at the watch, and when he showed it to him, Forster handed it to another boy, who ran away with it—Forster said in Thompson's hearing, that the other boy's name was Smith—I took them both to the station, searched them, and found on Thompson this small knife—the prosecutrix was there, and claimed it—I found nothing on Forster—before we went to the station, Forster said Thompson had told him he found the watch wrapped up in three or four pieces of paper—I went in search of Smith, and on the 18th, found him on board the Marine Society's ship at Deptford—I apprehended Cairncross in conesquence of a description Smith gave me, and took him to the station-Smith was there at the time, and immediately said he was the man who went with him to sell the watch—he said be first met Cairncross near Westminster-abbey, and he told him he had got a watch that the boy had taken from his aunt—Cairncross told him he could sell it at the Blue Potts public-house in Monmouth-street—that they went there, and when they got to the door of the Blue Posts, Cairncross told him to stop outside—that Cairncross went into a back room behind the counter, and after he had been there a short time, he brought him something to drink at the door, and told him he could get but—I for the watch; and he saw the landlady of the public-house pay some money to Cairncross, and the landlord was standing by at the time—he said he brought him out 15s., and said be should keep 5s. himself for selling the watch—he said, they then went from there to a public-house at Westminster, and he had more drink there, and after that he did not recollect what happened; and when be got home, he himself had no money at all—Cairncross was present, and heard all this, and he denied all Smith stated—the landlord is not here—I have been to the Blue Posts several times to look for him, but have never found him.
Cross-examined by MR. PHILLIPS. Q. Have you been to look for the landlady? A. I have seen the landlady—I believe I have stated all that Smith said—he said he saw the landlady lay the money on the counter for Cairncross—Cairncross denied ever having seen Smith before.
COURT. Q. Did you state before the Magistrate that Smith said the boy had taken it from his aunt? A. No.
AUGUSTUS SMITH . I live in Hyde-place, Vincent-square, Westminster. On the evening of the 7th of February, I was with Forster, at Lambeth-Thompson came up to us, and asked whether we could get a lodging for him—we could not, and we all three staid out of doors all night, together—next day we all three came to Westminster together—Thompson left us about half-past one o'clock, saying he was going to see his aunt, and be told us to stop outside—he came out of his aunt's house, and showed us a gold watch which he said he had picked up, wrapped in three or four pieces of paper—we then went to Catherine-street—Thompson gave the watch to Forster, who gave it to me, and I ran away with it when I got round into Dean-street—I afterwards looked for Forster, but could not find him—
I went through Dean's yard, and just as I came by the tide of Westminster-abbey, I taw Cairncross—I told him another boy had stolen a watch from a room, and I had run away from him with it, and I asked him if be could sell it—he told me he could, at the Blue Posts, in Monmouth-street—we went there—when we got to the door he told me to stop outside while he went in and sold it—he went into the back parlour—he came out, and said be could not get but 1l. for it—he went back, and said he would take 1l.—I saw the landlady pay him, on the counter—he gave me some drink at first, and when he came out he gave me 15s., and said he should keep 5s. for selling the watch—we then went to the Feathers, in Broadway, Westminster, between four and five o'clock in the afternoon, and had drink there—I went home to my mother's that night, and next morning, when I got up, I had no money—I knew Cairncross before—I had frequently seen him at the Westminster theatre—I first knew him there about two or three months ago.
Thompson. It was him that told roe to go and see what I could get out of my aunt's house, and to take the watch. Witness. No, I did not.
Cross-examined. Q. You would not do such a thing for the world? A. I did not tell him to do it, nor would I do it—Forster and I agreed, if we could get the watch out of his hands, to run off with it—I told the Magistrate that Cairncross gave me drink at the Blue Posts, and that I told Cairncross the boy had stolen the watch, but I did not say from his aunt—I do not recollect whether I said before the Magistrate that I told Cairncross the boy had stolen the watch, or not—I am fond of the theatre—I never stopped out all night before the time I have mentioned—my mother does not like me to be out—I have been in gaol twice before—I was in Tothill-fields prison fourteen days, for stealing some pears out of a garden—I was in Tothill-fields again for two months—that was about some boys taking some iron, but I had no hand in it—those are the only times I have been in prison—my father took me to the Marine ship, to send me to sea—I was not allowed to go out of the ship—I had a particular dress on—I was not tried at the Westminster Sessions—the Magistrate did not send me there for two months—I was never at Brixton gaol—it is two years since I was in prison about the pears—I am fourteen years old now—my father sent me to the ship about two months ago—it was on Wednesday, the 8th of February, this watch was taken—I was not in the ship then—I have been in Tothill-fields prison, now, for seven weeks—I had been in the ship a seek and a day when the policeman took me.
(Property produced and sworn to.)
THOMPSON— GUILTY .—Aged 14; of stealing under the value of 5l.—
Recommended to mercy.— Confined Six Months.
CAIRNCROSS— NOT GUILTY .
GUILTY — Confined Six Months.
Before Lord Chief Justice Tindal.
Baldwin's-gardens, Grays Inn-lane. Last Saturday three weeks, about a quarter past five o'clock in the afternoon, I saw the prisoner coming down the stairs—I never saw her before—the street door was wide open, as we keep a shop—I had just come out of the room door—she was on the first flight of stairs—I followed her down, and called my mother—she called Mr. Green, a carpenter, who was at his own door, and he stopped her, and I observed a counterpane and sheet in her apron—he gave her in charge—I afterwards went back and missed the counterpane and sheet from a bed in the second floor room.
WILLIAM GREEN . I am a carpenter. Mrs. Mayes called me, and I saw the prisoner running from the door towards Leather-lane—I ran after her, and a policeman took her—I saw the counterpane and sheet underneath her shawl—when Mrs. Mayes came up, the prisoner said to her, "Do these things belong to you? I did not know they were yours"—I did not see her drop the things.
Prisoner. I did not take them.
GUILTY . Aged 18.— Confined Six Months.
Before Mr. Justice Littledale.
ELIZA ELLIS . I am shopwoman to William Craig Lawrence, confectioner, Marylebone-lane, Oxford-street. On the 7th of March, between seven and nine o'clock, the prisoner came and asked for a jelly—I never saw him before, but I am sure he is the person—I gave him a small silver teaspoon to eat it with—he eat it in the room adjoining the shop—he paid me for the jelly when I took it in to him—he stopped about twenty minutes—I waited in the room where he was—two ladies came in, and I cot up to serve them, and the prisoner then hastened out of the shop—I immediately went into the room where he had been, and missed the spoon—I went to the door, but did not see him—I missed the pepper-box about two hours after—it had a silver top to it—the policeman brought them to me on the Friday following, and I knew them again; these are them.
THOMAS WYLIE . I am a police-sergeant. I apprehended the prisoner on Tuesday, the 7th of March, about half-past nine o'clock in the evening, and found on him a silver teaspoon and a cayenne cruet with a silver top—I asked him who they belonged to; he said they were his own.
(The prisoner pleaded poverty.)
GUILTY . Aged 30.
CATHARINE ROLLSTONE . I am shopwoman to William Bagshaw, a confectioner in Tottenham-court-road. On Monday, the 27th of February, about seven o'clock in the evening, the prisoner came and asked for a custard, which I gave him with a silver teaspoon—he eat it in the soup room, and stopped about five minutes—I went into the room immediately he was gone, and found he had taken the silver spoon and left this metal one—I went to the door to look for him, but he was out of sight—we have two
metal spoons, but they are never used in the business, and are not like this—the prisoner was brought to me by the policeman, on the 8th of March, and I knew him again—I am certain of him—I have not found the spoon.
GUILTY . Transported for Seven Years.
Before Lord Chief Justice Tindal.
ELISABETH CLARK . I am single, and lodge in Victoria-street, Islington. The prisoner is the apprentice to my landlord, and lived in the house—I missed some things on the 4th of February, and missed other things down to the 1st of March, when on account of suspicion, I gave the prisoner in charge.
WILLIAM STOTHER (police-constable N 140.) I took the prisoner on the 1st of March—I questioned him about the property, and he told me he had destroyed the tickets—he told me he had pawned a carpet for 6s. at Mr. Smith's—a gown for 1s. at Mr. Goodburn's, and a gown for 1s. at Mr. Blackburn's, in Gloucester-street, Myddleton-street, Clerkenwell, but I found that to be two gowns, and a petticoat for 2s.—he told me that the half-crown that was in a purse previously taken from him by his master, and two Irish tenpenny-pieces, was part of the money the carpet was pledged for—a key was also found at the same time—he told me he had filed one ward off to open the drawer—I did not tell him it would be better for him to tell me.
(Property produced and sworn to.)
GUILTY . Aged 18.—Recommended to mercy.
Transported for Seven Years.
GEORGE SHEPHERD . I live in Crown-street, Soho, and am in the employ of Mr. Charles Deacon. On the 6th of March, he had a sale at a private house in Manchester-square, and I was one of the men in charge of the things—in consequence of information, about half-past two o'clock, I went out to the corner of South-street, and saw the prisoner walking very fast—I overtook him, and touched him on the shoulder twice, and told him he was wanted back at the house he had just come out of—he went back with me readily—I asked him if he was particularly cold, and wanted a blanket to wrap himself up—he began to ask forgiveness—I asked him to unbutton his coat, and I found the blanket tied round his body with a piece of string—he said he could make it all right if he could see Mr. Deacon—I asked him where he got the blanket from—he said out of the second-floor back room.
Cross-examined by MR. DOANE. Q. Whose house is this? A. Miss Collins, I think—she did not reside in the house at that time—her servants did—these things belong to her—they were left in charge of the servants, after the house was shut up at night.
NOT GUILTY .
Second Jury, before Mr. Recorder.
JAMES SMITH . I keep the White House public-house, Brooks Mews, Davis-street, St. George, Hanover-square. I took possession of the house on the 27th of January—I found the prisoner employed there as charwoman, and I continued her in my employ—on Saturday the 25th of March, I put 3s. in copper into a desk—I afterwards went into the tap-room, and said to the prisoner, "Jane, you have been robbing my desk"—she said she had not—I said, "I will believe the boy before I believe you; he says you have, and if you have done it, put the money out of your pocket, go up and get your bonnet, and leave the house"—she still denied it—I sent for a policeman, who took her—I missed fourteen pence from the desk—I asked her if she had got any money, and she said she had not a farthing in the world.
ARTHUR JERRETT . I am pot-boy at the house. On the 25th of March I saw the prisoner go into the bar, put her hand into the writing desk, take some halfpence out, and put her hand into her pocket—the desk was not locked, it was in the bar—I saw the halfpence in her hand—I did not speak to her then—she had some knives in her hand at the time, which she put into the knife-box—master was sitting in the bar-parlour with some gentlemen—she looked into the parlour at the time, and then came into the tap-room, where I was cleaning the window—I said, "Jane, you know what you hare been about"—she said, "What have I been about?"—I said, "You know I saw you put your hand into the desk, and take some halfpence out"—she said, "Your are a d—d liar"—I said, "I saw it, and took notice of it"—she said, "You are a d—d fool"—she then went out of the tap-room, and I went and called muter.
JAMES NOBLE (police-constable D 121.) I was fetched to the prosecuter's house—he gave the prisoner into my custody for robbing him of some money—she said she had not robbed him—I asked if she had any money about her—she said "Yes, plenty"—I took her to the station—she was asked again what she had got, and pulled out 6 1/2 d. in copper, and a fourpenny piece, and said it was every farthing she had about her—a woman was sent to search her then, and more money was found on her.
SOPHIA NOBLE . I am the last witness's wife. I searched the prisoner at the station-house, and found in her pocket-handkerchief 10d. in copper—a 6d., and 2 1/2 d. down her bosom—while I was undressing her to search her, she said she had no more about her, it was no use to undress her; but I found the 2 1/2 d. after that.
GUILTY . Aged 32.— Confined Twelve Months.
963. MARY ANN STICKLEY was indicted for stealing, on the 11th of March, I purse, value 6d.; 1 breast pin, value 10s.; 21 sovereigns, 2s., 6d., a three penny piece, and one penny piece; the monies of Elizabeth Large, in the dwelling-house of Mary Wood.
back room—the prisoner lodged with me for three weeks, and paid 2s. a week—she left on the 11th of March, to go and live with Mr. Hooman of Skinner-street, at their country-house, but she only gave me their town direction—a short time after she left, I went to my band-box—there was a box inside that, which was locked, and I missed from that box a steel purse, containing twenty-one sovereigns, a purse, in an old fashioned housewife, with silver coins in it, a brooch and a pincushion—the purse was safe on Friday, the day before she left—I had locked the box then—I afterwards went to Mr. Hooman's, at Stoke Newington, and found her there—I told her she had robbed me—she denied it—a policeman was sent for, who took her—this is the brooch—there is no particular mark about it, but I have had it a number of years, and there is a picture on it of a lady watering flowers—I can swear it was one of the articles in my room when she lived with me.
Cross-examined by MR. JONES. Q. How long had you had the money by you? A. I have had it some time by me—I have been a servant in respectable families—I had no money besides that—I stated at the policeoffice that there was twenty sovereigns, but since that I have found there were twenty-one—I knew nothing of the prisoner before she came to lodge with me—very respectable servants out of place come to lodge with me—I have given up service more than ten years—I do nothing but needle-work and taking lodgers—the prisoner came to me from a baker's, and said they test her—we never walked out together—a young Woman came to see her the day the went away—I had no friends come to visit me while she was there—her father came to me a few days after she left—I did not tell him of my lost—I knew I had lost my money then—the prisoner called on me afterwards, but I did not tell her of it—I was very ill at the time, and told nobody in the house about it—I did not mention it to the prisoner when she called, because I was bewildered and frightened at her—I was not frightened at the father—as soon as I got a friend, I meant to go and see if I could find ray property on her—I thought of going right up to the place myself—the left on the Saturday, and called on the Wednesday—another young woman was in the room at the time—I did not say at the policeoffice that I could not swear to the pin—the policeman did not tell me I must swear to it, and if I did I should get all my money back—no such thing was ever named—I never said I could not swear to it—I never said if I could get 12l. I would not swear to it—whoever says such a thing is very wrong—I never said if the prisoner could make up 5l. I would throw the bill out.
Q. During the time she was living in your room, was the door open occasionally, so that persons could come in? A. Yes—she said she lost a dress while she was with me, but she left it out all night, as she said, in the yard—the did not complain of losing it out of ray room.
COURT. Q. How long is it since you were in service? A. I cannot exactly say—I have since that taken in needlework, and a lodger, and had a little property, but it is now all gone—I had been living on it—I went out on Saturday, and when I came back there was a young woman there writing a letter—the prisoner went out with her, and returned in about a quarter of an hour—I never saw any man visit her there—I did not introduce her to anybody—her father came for her empty box—he had been wanting her to go home while she was there—I was afraid of her because her language was rather wicked—she used to swear—I was terrified to death with her—I had no quarrel with her—her words were very bad, and I
wished her to leave, but she said she was in view of a place, and her time would be very short—I meant to take a friend with me to trace my money out.
MR. JONES. Q. Have you a niece? A. Yes—I did not tend her to a Mr. Dolby, or anybody, to say I would settle this for 12l.—her name is Barefield—she is not here—she is in service—I have never offered to settle this.
WILLIAM ALLEN . I am servant to Mr. Hooman, of Lordship-lane, Stoke Newington. The prisoner lived there a little more than a week—on Sunday afternoon I was with her in the kitchen—she showed me a broocd stuck in her bosom, and asked if I knew what was on it—I said, a woman watering some flowers—this is the one she showed me—(looking at it)—I am sure of it—I was not there when the policeman came—the prisoner was taken away in custody.
HORATIO NELSON TIVEY (police-constable N 60.) I was sent for to Mr. Hooman's house, in Lordship-lane, on Tuesday the 21st of March, and saw Mrs. Large and the prisoner in the parlour—Mrs. Large said she had robbed her of twenty sovereigns—the prisoner said nothing then—I asked Mrs. Large, in her presence, when she had lost it—she was very much agitated, I could hardly get a decided answer from her—she said she had lost twenty sovereigns, a pin, and some coins—she did not mention the exact amount at the time—I asked the prisoner to allow me to search her box—she said "Yes," and got up to give me her key—she pointed out her boxes, but I found nothing at that time—I locked the boxes, and kept the keys, and took her into custody—in consequence of what I heard, I went again, on Thursday morning, to Mr. Hooman's and searched the boxes, and in one of them found this pin sticking in a petticoat nearly at the bottom of her box—I also found a work-box and writingdesk, both apparently new, they seemed rather too expensive for a servant—the desk was lined with velvet—a woman searched her at the station-house, but only 18d. was found on her—this was on Tuesday the 21st of March—she had left Mrs. Large on the 11th—there was no money in the desk or box.
Cross-examined. Q. Did you have any conversation with Mrs. Large about the pin, going to the police-office, or at the police-office? A. I did at the office—she did not say she was doubtful whether the pin was hers—I did not tell her she must swear to it, or she would not get her money—I told her I had found the pin, that was all—I am positive I said nothing to her about swearing to it, and I do not think she said any thing to me—she was greatly agitated—I do not remember that she said any thing to me about it—she did not tell me she had sent her niece to Mr. Delby—I never heard her say any thing about 12l. or 5l.
ELIZABETH LARGE re-examined. I went to Skinner-street a few days before I had her apprehended, to know where Mr. Hooman's country-house was—I did not go to Stoke Newington till she was apprehended, which was about a week after she left my lodging.
SELINA CALE . I live in the next room to Mrs. Large. On the Saturday before the prisoner left, a little girl came into my room with a note—it was not for me—I took it to the prisoner, and when she read it, she wrote two or three lines, and gave it to the little girl—she put a piece of money into the note—I think it was a sixpence—the little girl then went out of the room—the prisoner said, "Dear me, I had a brooch in my hand, what have I done with it?"—she looked down on the floor, and I looked
too, and saw it under my feet—she took it up, and straightened the pin, and I saw it quite plain—it was the one produced—no more pasted then—when she was going down stairs, she said she was going to get jolly well drunk, and have a week's spree at other peoples' expense, and if the entered the place again, she hoped she should break her neck—this was the day she went to her place—I did not know her before—she was saying this to herself as she went down stairs—my door was open—the prosecutrix was in her own room at the time, but I do not know whether she heard it—she hallooed it out very loud.
Cross-examined. Q. Was Mrs. Large in the room at the time she picked up the brooch? A. No—I did not tell her about it till after the prisoner was taken, when the came to me and told me her trouble—I did not go before the Magistrate—I see Mrs. Large every day—she desired me to come here to-day—my husband is a cordwainer, and works for Mr. Crab, of Sloane-strcet—he heard what the prisoner said going down stairs, but he is not here—she said it loud enough to be heard by every body in the house, but Mrs. Large is very old, and she is so confused.
(John Falk, jeweller, Buckingham street, Pimlico, and Martha Dolby, baker, Kensington, gave the prisoner a good character.)
GUILTY of stealing the brooch only. Aged 18.
Transported for Seven Years.
964. GEORGE HERBERT was indicted for stealing, on the 27th of February, at St. Pancras, 2 watches, value 1l. 15s.; 10 spoons, value 3l.; 1 fork, value 13s.; 1 cream-jug, value 1l. 12s.; 1 ring, value 8s.; 2 shirt buttons, value 6s.; and two brooches, value 6s.; the goods of John Herbert, in his dwelling-house.
SARAH HERBERT . I am the wife of John Herbert, and live in Harford-street, Fitzroy-square, in the parish of St. Pancras—he rents the whole house. The prisoner is my son—on the 27th of February, the officers produced to me a variety of articles belonging to my husband—they had been taken from the drawer in the back parlour, which was locked, to the best of my knowledge—I found the parlour window half-way up—I had left the room about eight o'clock in the morning, and returned between nine and ten o'clock—it was a bed room, but on the ground floor—my son frequently came backwards and forwards, but I do not know of his being there that day.
LOUIS KYEZOR . I am a silversmith in Tottenham-court-road. On Monday afternoon, the 27th of February, the prisoner came to my shop, and produced a watch for sale, which he offered for 1l.—I said it was not worth 8s. or 9s.—he afterwards pulled out another—I asked him if it was his own—he said no, it belonged to a young man outside the door—I said, "Tell the young man to walk in," and as he was going to the door he said, "Do you buy old silver?"—I said, "Yes"—he said, "What do you give per ounce?"—I said 5s., and asked if he had any—he then produced two silver table spoons, six tea and two salt spoons—I asked if he had any more plate for sale, as I had better buy it altogether—he then produced a silver fork, and put his hand into his pocket and pulled out a cream jug—I said, "Now fetch in the other young man, and I will pay him for what you say is his, and pay you for the silver"—I winked at my young man to fetch an officer, and Mrs. Kyezor took the hint to shut the shop door, as the other young man who had come in at the prisoner's call, ran out—I staid with the prisoner till the officer came—when the prisoner went to the door to call in the young man, he gave three regular thief's whistles, which
I understand means, all right—I have often had thieves bring property to my house—I dare say within the last five years I have apprehended nearly fifty who have come to sell plate—when the officer questioned the prisoner, he said the property did belong to his father.
MRS. HERBERT re-examined. These are my husband's property, and the same I lost from the drawers—they are worth more than£5.
Prisoner. I throw myself on the mercy of the Court.
GUILTY . Aged 17.— Transported for Life.
965. MARTHA BELCHER was indicted for stealing, on the 31st of July, 1 cash box, value 2s.; 1 pepper castor, value 1l.; 2 spoons, value 7s.; 1 cloak, value 15s.; 1 petticoat, value 3s.; 9 sovereigns, 4 half-crowns, 20 shillings, and 1 sixpence; the goods and monies of Solomon Cohen, her master, in his dwelling-house.
RACHEL COHEN . I am the wife of Solomon Cohen, a broker in Sandy's-row, Spitalfields. Mrs. Isaacs and I are partners in wearing apparel-Isaacs lives next door—I kept the key of the cash box on behalf of myself and partner—I always kept it in my possession, and locked it up—I was accountable to her, and I have had to make good this loss—the prisoner was my servant twice—she left me the second time the last day in July, between two and three o'clock in the morning, when the policeman knocked at my door, I came down and found it open, and my cash box gone; also two spoons, and a pepper-castor, and a cloth cloak—there were nine sovereigns and 11s. 6d. in silver in the cash box—I had given the prisoner the box on Friday to carry up to the bed room and put under my drawers, and she did do so I believe, but I never saw it after—I also missed 19s. 7 1/2 d. out of my little boy's trunk, in the room the prisoner slept—the policeman brought the prisoner to me on the 4th of March, and she made a statement, but I might have told her I would not prosecute her if she would give me information.
CATHERINE ISAACS . I am the wife of Abraham Isaacs, a broker. I carry on the wearing apparel business with Mrs. Cohen—the prisoner saw me count the money in the cash box when I put in 11s. 6d.—that was on the Friday—Mrs. Cohen gave it to the prisoner to take up stairs to her bed room—there were three duplicates in the box.
JAMES SMITH (police-constable H 122.) In consequence of information, I apprehended the prisoner at a lodging house, in Wentworth-street, Whitechapel, and took her to Mrs. Cohen's—I did not hear Mrs. Cohen tell her she would not prosecute her if she told her what had become of the property; but 1 believe she used that expression at Worship-street. when her deposition was taken.
NOT GUILTY .
NEW COURT.—Wednesday, April 5th, 1837.
Sixth Jury, before Mr. Common Sergeant.
FEANCES MARY DAVIS . I am single, and live in Hoxton-town. I was in the room adjoining my shop, on the 8th of March, and heard a noise—I went into the shop and saw a man—he ran out, and I followed him down Edward-street and Sarah-street—a young man got over a wall, and got a shawl, which was my lodger's—I had seen it safe half an hour before the prisoner was overtaken—I lost sight of him for about three minutes—I believe he is the man I was following, but I had no distinct opportunity of seeing his face.
WILLIAM SMITH . I am a pot-boy in Hoxton. I heard a cry of "Stop thief," and saw the prisoner run up Sarah-street, and throw something over a wall—Stiles got over and got this shawl—I secured the prisoner at the corner of Sarah-street—there was nobody in that street but him about that part.
Prisoner. I was coming down Edward-street—a man passed roe, and Mr. Holton took me to the corner—Smith came and took bold of me, add got the policeman, who was qnite drunk.
GUILTY .* Aged 23.— Confined Six Months; Three Weeks Solitary.
967. HARRIETT HARRIS was indicted for stealing, on the 13th of March, 27 yards of printed cotton, value 28s. 6d.; two handkerchiefs, value 7s.; and 4 yards of calico, value 1s. 4d.; the goods of Francis Edwards.
FRANCIS EDWARDS . I live in Newgate-street, and am a tailor. I have known the prisoner from a child—she came to my house about nine o'clock in the morning, on the 13th of March, and asked me for some cotton dresses—she selected three, and two handkerchiefs, and some lining for Her mother to look at—she was to return what her mother did not approve of—I gave her three dresses of printed cotton, two handkerchiefs, and some calico for lining—she said they were for her mother to make choice of one—these are two of them.
EDWARD SMITH . I am assistant to Mr. Muncaster, pawnbroker, Jewin-street. I produce one piece of printed cotton, containing nine yards and a half, pledged on the 13th of March, by a woman—I cannot say who—this is the counterpart of the duplicate.
CHARLES BASH . I live in Goswell-street, and am a pawnbroker. I have eight yards of printed cotton, pawned on the 13th of March by a female—I have no recollection of the prisoner—this is the counterpart of the duplicate I gave.
GUILTY . Aged 18.—Recommended to mercy.
(See 8th day, New Court.)
968. GEORGE JONES was indicted for stealing, on the 16th of march, 1 yard of canvass, value 6d.; and 60lbs. weight of coffee, value 4l. 15s.; the goods of Henry Thomas Church.—2nd COUNT, stating them to be the goods of Richard Osborne.
RICHARD OSBORNE . I am carrier to St. Alban's. I took this parcel from the Cross Keys, St. John-street, on Thursday evening, the 13th of March—I had it when I was at Carron Wharf, Thames-street, and missed it when I got to Holborn-hill, from the fore part of my wagon—I had not left the wagon—it was a little before seven o'clock in the evening, and dark.
Cross-examined by MR. DOANE. Q. Had you other sacks of this description? A. No other—it is rather heavy—the tailboard was up—it is a half-tilted wagon—this lay by the side of the hind hoops—I walked by the horses—the other goods were not piled up—some one might have got in and pulled it out.
JURY. Q. Was your wagon loaded? A. I had about 1500lbs. Weight—I had five firkins of butter, and other things—this was laid at the butter, by the side of the wagon.
Cross-examined. Q. Is this your writing? A. Yes—this 30lbs.—I tied it round the parcel myself—I had not sent other bags of coffee to other people—I did not the day before write 30lbs. nor put up any similar parcel.
JOHN FARMER . I am a patrol of Farringdon. I was on duty in Bristow-street, Blackfriars, and I saw the prisoner just before seven o'clock in the evening, with this truss upon his back—I followed him to St. Paul's Churchyard—when he got there he called a cab, and asked the driver what be would take him to the Saracen's Head, Aldgate, for—he said ls.—the prisoner said he would give 8d.—I saw the direction on the package—I went to Cheapside, and saw the cab go down St. Martin's le Grand-before I could stop it, it got to Camomile-street—I stopped it, and asked what the prisoner had got there—he said a parcel to go to St. Alban's—a man had given it him who came out of Farringdon-street—I opened the parcel, and found this paper on it.
GUILTY . Aged 19.—Recommended to mercy.— Confined Six Months; Three Weeks Solitary.
CHARLES WILKINSON . I am coachman to Ann Tatnett. Her stables are in Glo'ster Mews. On the 5th of March, between one and two o'clock, a man called me into George-street, and I there saw the prisoner running—he had nothing then—a coachman, a neighbour, collared him—I brought him back to my stable, and took him towards the station-house, for stealing my box coat, which I had seen safe at one o'clock, on the box—the prisoner begged of me to let him go, and said it was the first time he had ever stolen any thing—this is my mistress's coat.
take the coat and run off with it—I ran after him, hallooing out "Stop thief, "he dropped the coat, and a man took it up who it not here—I saw the prisoner stopped by a coachman—I am sure he it the man who took it.
JOHN RYAN (police-sergeant D 2.) The prisoner was given into my custody—he said it was the first coat he had ever taken, and he would never do the like again—I got from him two shillings, a halfpenny, twelve duplicates of an umbrella, and carpenters' tools, and other things.
GUILTY .†Aged 23.— Transported for Seven Years.
RICHARD BAILIFF . I live in Queen-street, Hoxton, and am a hat manufacturer. The prisoner was in my employ about one year—on the 23rd of January, about two o'clock, I gave him eighteen sovereigns, eight half-sovereigns, and a£5 note, to take to the London and Westminster Bank, in Throgmorton-street—I saw no more of him till the 4th of March, when he was brought to me by an officer—the money has not been credited to my account at the Bank—he had the pass-book, and took it away—I saw no more of it.
CHARLES JAMES REEVES . I am clerk in the London and Westminster Bank, in Throgmorton-street. It is my duty to look over the accounts—I have looked to the prosecutor's account—there is no account of 27l. paid on the 23rd of January.
GUILTY . Aged 25.— Transported for Seven Years.
WILLIAM HENRY MEAGLE . I live with Mr. Motto, a pawnbroker. The prisoner brought this spoon and fork to pledge—he said hit mother tent him—I detained him, and called a policeman—I suspected him because he gave a different initial to what was on the property.
Prisoner. It is my first offence—I throw myself on the mercy of the Court.
GUILTY . Aged 16.
Knightsbridge. These two spoons were pledged by the prisoner on the 28th of February.
GUILTY . Aged 16.— Confined Six Months; Three Weeks Solitary.
CATHERINE PERRY . I live in Old Cavendish-street, with Francis Aulaguier. The prisoner was employed as washerwoman—she came for half a day on the 8th of March—she went away at one o'clock—I went to the plate, and missed two spoons—I had seen them safe about ten o'clock, on the breakfast table—these are them.
ANDREW VALLANCE (police-sergeant C 11.) I went with Catherine Perry to the prisoner's lodgings, in Oxford-buildings, on the evening of the 8th of March—I asked the prisoner where the spoons were, and she told her sister to go to Mrs. Mellon, where she had left them, and there I found them—it was in the same house as she lived.
Prisoner. I thought I would go back with them in the morning—I could have made away with them, but I was sorry for what I had done.
GUILTY . Aged 39.— Confined Three Months.
BENJAMIN ACROYD . I live in Hall-street, St. Luke's. My wife, who is a brush-maker, employed the prisoner for three days—I saw one of these spoons on Saturday night, and the other on the Thursday, at tea time—I missed them on the Sunday morning—the prisoner had left us on Saturday evening, about six or seven o'clock—I suspected her, and went to the address she gave, which was false—I got her right address at last—she was denied being at home by a younger sister, but I said I wanted her to do some work the next morning, and then the prisoner came up from the kitchen—I said, "I suppose you know what I come about"—she said, "No, I don't; I am innocent"—I had not then said what it was—I said, "Give me the ticket"—she said she had none; she had sold them—I sent for an officer, and took her.
Prisoner. He said if I would tell him he would forgive me. Witness. No, I did not—these are my spoons.
LEWIS DE FONTAINE . I keep a silversmith's shop at Somers Town. I purchased one of these spoons on the Saturday evening of the prisoner, for 2s. 6d.—she said she worked in the dust, and found it—the other was found in my possession, but I do not know who took it in—I did not.
Prisoner. I did it in distress.
GUILTY . Aged 19.— Confined Two Months; One Week Solitary.
WILLIAM PARSONS . I live in Union-row, High-street, Bow, and am an upholsterer. These scales are mine—I saw them safe about twelve o'clock on the 4th of March—they were brought to me again about three o'clock—they had been hanging on the sill of the door—I sell scales.
prisoner Hall take the scales—he gave them to Ferdinando, who was by his side, and they ran away—I pursued and took them—he dropped the scales about twenty yards from the shop.
Ferdinando. It was done from hunger.
(The prisoners received a good character.)
FERDINANDO— GUILTY . Aged 15.— Confined Two Weeks; One Week Solitary, and Whipped.
HALL— GUILTY . Aged 15.— Confined One Week.
976. DAVID SAWYER was indicted for stealing, on the 5th of March, 1 bag, value 1s.; and 109lbs. weight of lead, value 18s.; the goods of Elizabeth Chabot; the said lead being fixed to a certain building; against the Statute, &c.
ELIZABETH CHABOT . I am a widow, living in Bath-street, Tabernacle-square. This bag is mine—I saw it safe on Sunday evening, the 5th of March, in the yard adjoining my house—on the Monday morning my neighbour came and awoke me, I looked through the window, and missed the bag, and then I missed this lead, which had been fixed along the gutter of the roof of my premises—this is about half the lead, I suppose—(looking at some.)
JAMES SIMMONS (police-constable G 159.) I was in Curtain-road—I stopped the prisoner about ten minutes past nine o'clock on Wednesday night, the 8th, with this bag and lead—I asked what he had got—he made no reply, but tried to throw it on my legs," and away he ran—I called, "Stop thief—Weed stopped him, and brought him back to me, while I took care of the property—I went to the prosecutrix's house, and fitted the lead, and it matched exactly—I have no doubt it came from there.
JOSEPH WEED (police-constable G 114.) I heard the cry, "Stop thief, "I pursued, and in New-inn-yard I met the prisoner—I asked what that hue and cry was—he said he had run foul of a boy—I said, "You have no objection to go back with me"—he said, no—I took him back, and saw Simmonds.
GEORGE AVERY (police-constable G 5.) I heard the cry of "Stop thief;" and saw the prisoner running—he was taken back, I took him, and the other officers took the lead—he said he knew nothing of the lead—I fitted it to the house, and it matched exactly.
GUILTY .* Aged 20.— Transported for Seven Years.
977. WILLIAM BOWDEN was indicted for stealing, on the 20th of February, 1 box, value 2s.; 1 waistcoat, value 4s.; 3 shirts, value 6s.; 1 pair of trowsers, value 3J.; 1 pair of shoes, value 1s. 6d.; 2 pairs of stockings, value 1s.; 1 handkerchief, value 6d.; and 3 collars, value 6d.; the goods of Edward Thomas Eastman.
EDWARD THOMAS EASTMAN . I came from Sheerness, in the steam-boat, on Monday, the 20th of February—I landed at Nicholson's Wharf, and went to Poole's public-house—I saw the prisoner sitting there—my friend, who was with me, is a baker, and the prisoner said he was the same, and asked if he should carry my box—I agreed that he should, he was to take it to the Borough—it contained the articles stated—I went on to London-bridge, and then recollected that I wished to communicate with a friend who was going down to Sheerness—the prisoner was behind
me, but while I was looking about, he and the box were gone—this was between three and four o'clock—I saw the box at Lambeth-street office on Friday, a fortnight after the loss, with all the things, except the trowsers and shoes.
Prisoner. There were no shoes in it. Witness. Yes, there were.
SARAH PROBERT . I keep a coffee-shop in Park-street, Ratcliffe-high-way. The prisoner came in for some coffee on the 20th of March, and brought the box under his arm—he left it there, and the officer had it.
Prisoner's Defence. He said he must go and bid his friend farewell-while on the wharf I missed him—I then took the box to a coffee-house, till I could find him—but being pressed with hunger, I took the trowsers out, and disposed of them.
GUILTY . Aged 21.— Confined Three Months.
GUILTY .— Transported for Seven Years; Penitentiary.
JANE PAYZE . I live with Mrs. Martin, in Cock-hill, Ratciffe; she keeps a milliner's shop. On the 23rd of February, a person came to the •hop, she had the appearance of the prisoner, but I cannot say whether it was her or not—she had a bonnet on, the same that she had on before the Magistrate, a red bonnet with white ribbons—after she went away, I missed a kind of plum-coloured shawl—this is it—here is a place where I mended it in the morning—it was taken away by the person who came into the shop—I believe she is the woman.
MARY ANN MARTIN . I am the wife of Thomas Martin. I was called from the kitchen to the shop—I saw a young woman with a crimson bonnet and white satin ribbons—I cannot say who it was—she was about the prisoner's height—she ordered a merino bonnet, and said she would come on the Friday for it—the prisoner came for it and was taken by the policeman at my shop, and the girl swore to the shawl, that was on her shoulders—that was three weeks all but a day from the time it was taken.
Prisoner. I met a young woman, and gave her 4s. for the shawl.
NOT GUILTY .
MARY ANN PARROTT . I am the wife of John Henry Parrott, of Mount-street, Bethnal Green—he is a dealer in coke. My husband found the prisoner without father or mother, and brought him home, and told me to fill his belly—that was on the Monday before the 4th of March—he went with
my husband to tell a little coke—on the Saturday between seven and eight o'clock in the evening, I left him to clean my knives, while I went up stairs—when I came down, he was gone—I then missed a money-potcontaining three half-crowns, and six shillings—he had left a sixpence, which I had given him, in a drawer.
RICHARD COOPER (police-constable H 85.) I saw the prisoner in Essex-street, the same evening about half-past eight o'clock—he was running past me—I heard a cry of "Stop thief"—he ran down Martin's-court—I caught him, and asked him what he had done with the money—he said he had hid it against a step of a door—I got a light, and found sixpence—he said he had taken one shilling, but he knew nothing of the money-pot—on the Monday, he said he would not mind taking six months, and say no more about it.
GUILTY .†Aged 15.— Transported for Seven Years.
JAMES BUTT COLEMAN . I am a cheesemonger, and live in Ironmonger-row, 8t Luke's. On the 8th of March, I received information, and missed a piece of bacon—I saw the prisoner running—I pursued, and cried "Stop thief"—he was met by the policeman, who took him—he gave me the bacon.
Prisoner's Defence. I saw a piece of bacon lying on the step of the door—I was in great distress and hunger, and picked it up—I put it under my arm.
GUILTY . Aged 59.— Confined One Year; Three Weeks Solitary.
ELLIN ADAMS . I am the wife of John Adams; he keeps the Black Horse, Fieldgate-street, Whitechapel. About half-past ten o'clock, on the morning of the 8th of March, the prisoner came and asked for a pint of ale—my servant said something—I lifted up his jacket and found this candle-stick—he was going out of the door.
Prisoner. I got very tipsy, and did not know what to do.
GUILTY . Aged 34.— Confined Three Months; Three Weeks Solitary.
THOMAS LINSCOTT . I am an assistant to Mr. William Henry Fleming, a pawnbroker of Farringdon-street. On the 27th of March, about one o'clock, a gentleman called and said we had lost a coat—there were five inside the door, and I missed one—the gentleman pointed out the prisoner to me—I pursued and took him with the coat on him.
GUILTY . Aged 30.— Confined Three Months; Three Weeks Solitary.
GUILTY . Aged 35.— Confined Three Months; Three Weeks Solitary.
Fifth Jury, before Mr. Sergeant A rabin.
985. SHADRACH CAVE was indicted for stealing, on the 2nd of March, 51 yards of ribbon, value 17s.; 120 yards of net, value 20s., 15 yards of cambric, value 15s. 9d.; 24 handkerchiefs, value 9s. 10d.; 14 shawls, value 5l. 3s.; 2lbs. weight of sewing-cotton, value 4s.; 720 yards of wire-ribbon, value 8s.; 288 stay-laces, value 18s.; 220 pieces of tape, value 19s.; 61bs. weight of worsted, value 14s.; 2 pieces of buckram, value 9s.; and 121bs. weight of sewing-silk, value 13s.; the goods of Samuel Williams and another.—2nd COUNT, stating them to be the goods of Alexander Thwaites.
SAMUEL WILLIAMS . I am proprietor of the Reading stage-coach, jointly with my father. I knew nothing of this parcel till I recovered it it Colnbrook—it was a brown paper parcel—I found it in a sack on Saturday, the 4th of March—Richard Bates, the landlord of the Wheel, showed it me—it contained all the articles stated in the indictment—Colnbrook is not the usual road to Reading—it is one road, but is between four and five miles from the road my coach generally goes—I have seen the prisoner on the road, but I do not know him—I have the way-bill here—these goods were directed to Mr. Alexander Thwaites, of Reading, and it was to be carried by my coach to Reading—it is entered, "Thwaites, P. P., "meaning paper parcel, and there is "not come" written against it.
SIMEON MILES . I am porter to Messrs. Coster and Co. On the 2nd of March I took a parcel of theirs to the Black Lion, Water-lane—I booked it, and paid 2d. for it—it was directed to Mr. Thwaites, of Reading, to go by Mr. Williams's Reading coach—this is it.
JOSIAH DENNIS . I am employed by Coster and Co., to enter the goods that are sold—I directed this parcel, but did not make it up—I have seen a portion of the contents, which have our private mark on them—I have no doubt that these were the goods sent from our warehouse.
WILLIAM KEEVIL . I am Mr. George's wagoner, at Reading. On the 3rd of March I was coming from Reading to London—I stopped at a public-house at Twyford, about thirty-four miles from London—we prisoner came to the wagon and brought this sack, he put it on the tail of my wagon, then he got on the tail, and put it into the wagon, and got down again—I got up my articles, and then started—he got up and went on about six miles, then he left the wagon, and went after a coach that was coming to London—he got on the top of the coach to ride, and he left the sack with me—I suspected he had something there that he ought not to have—I untied it, and found this parcel of things, and a letter directed to Mr. Thwaites, of Reading—I put it all into the sack again, and tied it up—I came on to Slough, and the prisoner came to me again, and asked if I would get up and ride—I said I did not care about riding—he said he would drive if I would get up—I got up and shot the parcel into the wagon, and shut it up—I then got down, and asked him where he was going to take the sack to—he said, "To London—I said, "I do not think you arc now"—he said, "Why?"—I said,
"think you have got something there that don't belong to you"—I asked where he got it from—he would not tell me—he walked with me till within about a mile of Coin brook, and then he left me, and ran after another coach—when I got on farther I stopped, and put the sack into Mr. Bates's care—I am sure the prisoner is the same person.
WILLIAM DILLON . I am a coachman. I was driving Williams's Reading coach on Thursday, the 2nd of March—I never saw this parcel—in the way-bill there is a paper parcel entered for Mr. Thwaites, of Reading—that parcel did not arrive—there was a man by the coach, but I do not know him—I drove the coach—at Egham a man asked the horsekeeper for a ride—I let him ride—he rode from there to Oakingham—he gave me nothing, nor the horsekeeper—he said he brought a horse to Reading for my employer—I did not speak to him—I do not know whether it was the prisoner—it might be—he sat on the hind part of the coach.
THOMAS HAWKINS . I am guard to Mr. George's wagon. On the 2nd of March I saw Mr. Williams's coach at Hammersmith—I was walking along the side of the horses, and saw the prisoner sitting on the coach, behind.
Prisoner. I came home at a quarter before eight o'clock, and saw the parcel in the road—I put it into the sack, and brought it up to Colnbrook, where I left it till I could hear of it.
GUILTY . Aged 21.— Transported for Seven Years.
986. JOHN KEEFE and HENRY WHEELER were indicted for stealing, on the 13th of March, 1 work-box, value 18s.; 2 paintings and frames, value 3l.; and 2 printed books, value 3s.; the goods of William Walbancke.
HENRY ALLEN . I am a policeman. I was on duty on the 13th of March, in Islington-road, at half-past eight o'clock at night—I saw the prisoners and another boy—I had some suspicion, and crossed over to them—I saw Keefe get behind the other one, and he threw down a box—they all ran off—I followed and took the prisoners—I returned to the spot and found this box; and two mornings after, this book was found in an area which they had run past.
WILLIAM WALBANCKE . This is my box, and these boots are mine. I lost them from my house, No. 2, Stonefield-street, Islington—they were in the front parlour—I had seen them there about seven o'clock in the evening, or half-past six o'clock—I found my parlour window was open.
Keefe. I went with this boy to take some things to his mother's, who is a washerwoman—he ran over to the curb and picked up this box and gave it me.
wheeler. I took up the box—it was in a red handkerchief, and this young man cried out, "Halves, halves"—I then dropped it, and we ran: away.
(The prisoners received good characters.)
KEEFE— GUILTY . Aged 15.
WHEELER— GUILTY . Aged 15.
Confined Three Months.
WILLIAM COOK . I am a shoemaker. I saw the prisoner take this drugget off some drawers at Mr. Thomas Hodges's, a broker's shop in Golden-lane—between seven and eight o'clock on a Friday evening—he went up Golden-lane, rolling it up—he conveyed himself through one of the alleys, and I could not see him after—the drugget has not been found.
Cross-examined by MR. PHILLIPS. Q. Did you call "Stop thief?" A. No, but another man did—he ran when he came to this alley—he Was not running exactly—I was talking to a gentleman at the time—I and the gentleman walked up Golden-lane—I had no authority to take him—I did say at the police-office that he walked away—he was on the trot.
ROBERT WILLIAM DAWES . I live near Mr. Hodges. I saw the prisoner with the drugget—he passed my father's shop door—it is on the same side—I knew him well—his brother was in the same school that I was.
Cross-examined. Q. Was he walking? A. He was walking quickly—I know the drugget—I had seen it the same night—I did not see Mr. Cook—the drugget was underneath his arm, and he kept rolling it up—I think it was about half-past seven o'clock—it was dark—I was accrued of stealing one shilling from my father once—it was not in my stocking, because I put it into my pocket.
Cross-examined. Q. What do you mean by dark? A. A dark. brown, with a stripe through it.
NOT GUILTY .
MICHAEL ADAMS . I am servant to John Pettinger, who keeps the City Arms, City-road. On the 17th of March I saw the prisoner walk in at the back door, and take three pint pots off the window-seat of the pot-house—I got down stairs before he got twenty yards—I took him, and brought him back—I knew him before, and have given him several meals in the place.
Prisoner. I did it through distress.
GUILTY . Aged 45.—Recommended to mercy.— Confined Six Weeks.
989. ALFRED DAVIS alias John Williams , and GEORGE MARSH, alias George Davis, alias John Jones , were indicted for stealing, on the 9th of March, 1 shirt, value 2s. 6d., the goods of Mary Richards; and that Alfred Davis had been before convicted of felony.
RICHARD HANCOCK . I am a policeman. On the 9th of March, about twenty minutes before eight o'clock in the evening, I was in King-street, Hammersmith, about a mile from the prosecutor's—I saw the two pritoners, and stopped them, from information I had received—there was another with them, who made his escape—I searched Davis, who had got his coat buttoned up—I said, "What have you got there?"—he said "Nothing"—I took this shirt from him—took them to the station, and then he said he had picked it up—on the other I found nothing.
MARY RICHARDS . I live at Kensington. I take in washing—this is a shirt I washed for a servant—it was taken away from the line in the mews where I lire, at the hack of Mr. Phillimore's—f hung it out to dry about two o'clock, and did not miss it till the officer brought it.
DAVIS— GUILTY . Aged 15.— Transported for Seven Years.
MARSH— NOT GUILTY .
OLD COURT.—Thursday, April 6th, 1887.
Second Jury, before Mr. Sergeant Arabin.
JOSEPH BASSETT . I keep a shop at Uxbridge. On the 20th of March, the prisoner came, and bought a 1/4 lb. of cooked meat—when he went out, I missed 2 1/2 b. of bacon—I went out and found him about five yards from the shop, in the act of putting it down on the ground—I gave him in charge—I knew him before.
Prisoner. Q. Have I not always paid my way, and borne a good cha racter? A. I am sorry to say very different—he came to my shop every night, and I generally lost bacon—he used to watch me out.
(The prisoner pleaded poverty.)
GUILTY .• Aged 45.— Transported for Seven Years.
Before Lord Chief Justice Tindal.
991. ELIZABETH HARRIS was indicted for feloniously uttering and publishing a forged and counterfeit authority, to receive the pension of Richard Stockings, as follows—"I hereby authorise Elizabeth Harris to receive my pension now due—Dated this 3rd day of October, 1836—Rd. Stockings, X his mark—Witness, Wm. Twisden, 47, Elliott's-row, Southwark"—with intent to defraud our Lord the King—well knowing the tame to be forged.—3 other COUNTS varying the manner of hying the charge.
MESSRS. ADOLPHUS and GURNEY conducted the Prosecution.
JOHN SMITH GRAHAM . I am paymaster of the Greenwich out-pensioners. My office is on Tower-hill—I did not know Richard Stockings—I know the prisoner—I think the first time I saw her was about two years and a half ago—she came by herself and received Stockings's pension—she continued to receive it afterwards—it was payable quarterly—she came on the 3rd of October last, and produced this paper to me, and upon that, she was Paid the pension, 8l. 7s. by my pay-clerk in my presence—this is his writing on it—on the 3rd of January I saw the prisoner again at my office, and either I or my clerk told her we understood that Stockings was dead—she said she could not understand how the report originated, for she had seen him alive and well, about an hour ago.
Cross-examined by MR. PHILLIPS. Q. What age was Stockings? A. I believe about seventy-three—I understand he lived in the prisoner's house.
six years ago—he was then about seventy, I suppose—he then lived in Little Union-street, and had a wife—in consequence of an application from his wife, I went to see him—he was in an infirm state; confined to his bed with rheumatic gout, and could not go out—I gave my certificate of his illness to his wife, to be presented at the Pension Office—he was not living in the prisoner's house then—they afterwards removed to Ropemaker's walk, and afterwards to the prisoner's house in the Mint—the prisoner began to accompany his wife to get the certificate renewed about two yean and a half ago—she came about twice in company with the wife—afler that •he came to me and said Mr. Stockings wished to see me; that his wife had ill-used him, and he did not wish me to give her any further certificates—I went and saw him, and he confirmed what the prisoner said—in conesquence of that, I delivered the certificates to the prisoner every quarter, at the applied for them—she had been to me subsequent to July last—I invariably inquired of her about the deceased every quarter she applied for the certificate, as they had represented he was going to the hospital—I always inquired of the prisoner why he was not got into the hospital, and inquired about his health—she said, in October, that they had not been able to get him into Greenwich hospital—in October last I gave her this certificate—the only writing of mine on this certificate is that above my signature—there was nothing else on the paper at the time I gave the certificate—I only wrote the certificate and signature—(reads)—"I hereby certify that Mr. Richard Stockings is prevented applying for his pension, being confined to his bed with rheumatic gout. (Signed) S. L. BELLAMY. Dated October 3rd, 1836"—when I had written that, I delivered it to her—it was my own paper—there was nothing on it before I wrote on it.
Cross-examined. Q. When did you last see Stockings? A. About two years ago, I think—he was then bed-ridden—I did not speak to him about going to the hospital—he required attention—his limbs were affected—he could feed himself, but was obliged to be helped in and out of bed—I do not know whether his wife is alive—the last time I saw her was about two years ago—she was not attending on him then, but the prisoner was.
JAMES RATCLIFFE . I am a shoemaker, and live in Union-street, London-road. I knew the prisoner as a neighbour for about twelve months—she lived about a dozen yards from my house—I did not know Stockings—I understood from her that he was a pensioner, and have heard her call to Mr. Stockings—in July last she asked me if I would go on an errand for her to pledge a bed, for some money to buy a coffin to put Stockings under the ground—I did so and got a sovereign—she told me she had paid 12s. for a coffin—I saw the funeral come out of the door, on the 15th of July, I think, for I pawned the bed on the 14th—she did not tell me where he was buried.
Cross-examined. Q. What kind of a house did the prisoner life in?. A. A two-roomed house—I believe she has two daughters—when I went with the money, she asked me if I would go up and see Stockings, and went up and saw the corpse—she seemed very much cut up.
MR. ADOLPHUS. Q. Her daughters are married? A. Yes.
THOMAS DUNCKLEY . I am an undertaker, and live in Tower-street, Westminster-road. In July last the prisoner came to me with a printed parish order for the funeral of Stockings, (I am undertaker for the parish of St. John,) for which I was to find a deal coffin to put him into, to cover it with a pall, and carry him to the grave—that is the humblest mode of burial—I went to her house and saw the body, and agreed with her to
receive 12s. from her beyond what the parish allowed, and I was to find an elm coffin, perfectly plain, without any ornaments outside, or any thing inside I took it myself, and she paid me for it—I would not leave it without the money, for the house was in a most distressing state—I helped to carry the body to the grave—I met her about a month after the funeral in the neighbourhood, and she asked me if I would write on a piece of paper, stating as to when Stockings died, and to place it, to the best of my recollection, backwards or forwards, that she might obtain the pension—I rather think it was forwards—I was to state his name and age, when he died, and when he was buried—I refused giving her any thing but a correct copy from the parish order.
Cross-examined. Q. What did she say about backwards or forwards? A. Her intention was to have it forward—I said I would write her a correct B. copy, and leave it for her to call for—that was all that pawed then—I did C. so, and it laid there a month.
MR. BELLAMY re-examined. Q. There is a fold in this paper; will you undertake to swear, when you signed it, it was not folded in that manner? A. Yes, I will—I recollect that it was not—it was a sheet of paper out of my own desk.
SAMUEL THINTLE . I am a clerk in the Admiralty Office. I produce an Admiralty order for Richard Stockings to receive an out-pension—I know the hand-writing of the Lords of the Admiralty who have signed it—his pension was 33l. 8s.
DASH. I am cousin to George Dash, who was chief clerk in the wages department, Navy Office, Somerset-house. He is dead—I know; his hand-writing—this is his signature—I frequently, saw him write—this is called a certificate of service, and describes Richard Stockings at having been a midshipman, purser, and clerk.
GUILTY . Aged 36.—Recommended to mercy.— Transported for Seven Years.
992. JOHN CHARLES TODD was indicted for feloniously embezzling and secreting a certain letter, containing a draft for the payment of 1l. 19s. 11d., which came into his possession by virtue of his employment as a letter-carrier in the General Post Office.—Other COUNTS, varying the manner of laying the charge; to which he pleaded.
GUILTY . Transported for Seven Years.
Before Mr. Justice Littledale.
993. WILLAM DUFFIN and GEORGE TAYLOR were indicted for feloniously assaulting Mary Catherine Rosalie Pistell, on the 1st of March, putting her in fear, and taking from her person, and against her will 1 purse, value 6d.; 1 half-sovereign, 2 half-crowns, 1 shilling' and 1 sixpence; her goods and monies.
MR. DOANE conducted the Prosecution.
MARY CATHERINE ROSALIE PISTELL . I live at Hayes. On the evening of the 4th of March, between seven and eight o'clock, I heard a ring at my gate—it was not long after I had lighted my candle—I had no watch—it was quite dusk—I opened the door, and went out to the garden door in front of my house, and asked who it was—it is a close gate, so. that I could not see who was outside—the answer was, "A parcel"—I" said, "Where from?"—the answer was, "From the Angel inn"—there is an inn of that name at Hayes—I said, "By what coach?"—the answer was, "I don't know"—I said, "What, carry a parcel from the Angel, and
not know the name of the coach?"—they at last gave me the name of Tollett's coach—I have heard there is such a coach there—I said "Very well, I will fetch a candle; and if I know the writing I will take the parcel but not else"—I got a light, and opened the gate, and saw Duffin—I just got a sight of him, and knew his voice—Taylor was with him-Duffin put his hand over my mouth, and said, "Your money"—I said, "For God's sake don't hurt me, I have shown you so much lenity; I will give you what I have"—Duffin said, "Now, let us have it"—one of them came near my pocket, and I said, "Don't touch me; upon my soul you shall have it"—Duffin put his hand on my face again, and scratched it, saying, "In your soul"—I said to myself, "God forbid"—Taylor then came towards my pocket, and I said to him, "Dare you touch me?" and put up my hand—I said, "I will give you my word and honour you • hall have it"—Taylor said, "Now, let us have it"—I said I had half a sovereign which I would not part with if I wanted bread, but as I had promised it them they should have it—it had been given to me by a very dear friend—Duffin said, "That is what we want"—Taylor had knocked the candle out of my hand directly I opened the gate—I did not know his name then, but I knew him by sight—I took my purse out of my pocket—I do not know exactly what was in it—I thought there was 30s. at first, but there was less—there was half a sovereign, two half-crowns, one shilling, and a sixpence—I gave that to Taylor—Duffin held me close, and if it had not been for a tree behind me I should have been thrown down—Duffin held his hand over my mouth, and said, "Don't halloo"—the money was in the purse I gave to them—I was not alarmed in the least, which is most surprising; I am very thankful to my Maker for the preservation of my life—I gave up the purse, as I considered my life was in danger.
Cross-examined by MR. PAYNE. Q. Is your real name Pistell? A. Yes; that is the name—I have gone by that name for years. Q. Have you always gone by the name of Pistell? A. That is not to be known—I never went by the name of Bond or Barden—I live in a house by myself—I have only a little girl who comes occasionally; I find servants so very bad I have given up having any—I have never been confined for being out of my mind, thank God—my solicitor is here—I mentioned before the Justice about having shown them so much lenity, but the clerk did not ask me any questions—it is two years ago that I bate been annoyed by Duffin—I am not in the least frightened now, but I an very ill—I told the Justice that it was Duffin said "Now, let us have it;" and that I said, "Dont touch me; upon my soul you shall have it"—I said my face was scratched, and showed it—I told the Justice that I said as I had promised them the half-sovereign they should have it—I sat up all night for protection—I sent the girl who attended on me, for Mr. Whittington, and informed him—he was the first person I saw after this—I did not see Spillman, the patrol, that night—(looking at Spillman)—I have never seen that man before, to my recollection—I thought at the moment that the persons who came wore caps; but when I heard the voice I knew to the contrary—I could never be mistaken in the voice—it was so dark could not see the caps—next morning the horse-patrol brought the two prisoners handcuffed.
Q. Did you tell the patrol who brought the prisoners to you, that you could not swear to them? A. Nor never will I, till they send a summons to a proper Court I never would swear—Fair is not the man who took them
—I did not tell Fair I could not swear to them, but I told it to the other—he asked me not in a respectful way, but I forgive him—I will be respected—I said "Whoever comes before me I will be respected"—I told him I could not swear to them—I never would do so, only in a court of justice—I meant that I would not do it before a patrol—I said, "I cannot swear to them, how could I see them in the dark?"—I told the magistrate that I knew them by their voices—no, I did not—yes I did, before the magistrate—I was very ill, and sat up all night—but I did say it—I have often seen Duffin before, to my sorrow—I never could walk in my garden without great stones being thrown at me, particularly on a Sunday—I have heard Duffin speak before, or I could not know his voice—I have heard him speak when he came along with the gang—there is a gang in the neigh bourhood—I call them such when they behave in that manner—there are tome left yet—Taylor turned round to me that morning with great hardoesi of heart, and said, "You never saw me before"—I turned round significantly and said, "I do not know that, "meaning that I had—I had seen him often before, along with the gang—I am told he lives at Uxbridge—I thought at first there was 30s. in the purse; but I gave Sophia, my little girl, 1l. to get what was necessary, and she brought me back 1s. 6d. and a half-crown.
MR. DOANE. Q. Why did you tell the patrol you could not swear to them? A. Because I did not like to answer a policeman on oath of any kind; when called before a court of justice I would—when they said I matt come to Uxbridge, I said I was very ill, but I would go if it was necessary, ill as I was—I have not the least doubt the prisoners are the men who ill-treated me, and got my purse from me on the night in question.
COURT. Q. How long have you lived at Hayes? A. Since last Christmas twelvemonth, about a year and a half—I never saw Duffin before I came to live at Hayes.
GEORGE GODFREY . I am a constable of Hayes—I also occasionally work as gardener for the prosecutrix. On the evening of the first of March last, 1 was at the Carpenter's Arms beer shop at Hayes, near the prosecutrix's house, and about half-past five o'clock I saw both the prisoners there—a person named George Rolfe asked me to drink—I told him I did not want any, as the old lady had just given me a glass of brandy—on my saying that, Taylor said, "That would be a good place for a fellow to go up some night, to get a good lot of money "(meaning the prosecutrix's)—I said, "No, you are quite deceived there, for she is a lady who keeps no money by her, nor any property"—soon after that I went home—when I went out I asked what o'clock it was, and was told it was half-past five—I left the prisoners at the beer shop—I went to bed at nine o'clock—I was called up at half-past nine o'clock, and received information which induced me to look after the prisoners—I went to Uxbridge with Lander the horse-patrol, and found them in bed together about half past one o'clock in the morning—it is about two miles from Hayes—I searched Duffin's trowsers, but found nothing in them—Duffin caught up a hat which was under the bed and doubled it up close to him—Lander insisted on seeing what he had got in it, and a half-crown and sixpence were found in it.
Cross-examined. Q. Who was present at the beer-shop, at the time you had the conversation with the two prisoners? A. Three or four more—Rolfe was one—he is not here, and Mr. Welch, who is here—I did not go and tell the prosecutrix I had heard the prisoners talking about her house, not till after I heard she had been robbed—my house is about half a mile
from the prosecutrix's, and the beer-shop is about 400 yards from it—Mr. Whittington gave me the alarm.
ROBERT WELCH . I am landlord of the Carpenters'Arms. I saw the prisoners at my house on the evening of the 1st of March—Taylor left at half-past six, and Duffin at seven o'clock—they were there most of the day, in and out—I saw them again about a quarter past eight o'clock the same evening, both together—I do not know whether I saw them come in, but I saw them in the house—they called for some beer, remained that about a quarter of an hour, and left together—my house is 300 or 400 yards from the prosecutrix's—I think they had two pints of beer the last time, which they paid for in coppers.
MOSES LANDER . I am a horse-patrol. On Wednesday night, the 1st of March, I accompanied Godfrey to Uxbridge, and found the prisoners at Hillingdon—I searched Taylor's clothes on the bed, and found a shilling and some halfpence—Duffin picked up a hat from somewhere or other, after he was dressed—I said, "What have you got in your hat?"—I took hold of it, and he attempted to snatch it away from me—I found in it a half-crown and a sixpence.
Cross-examined. Q. Was this Taylor's regular lodging? A. I believe it was, but not Duffin's—he lives close by me, about two miles from there, with his sister.
MR. PAYNE called the following Witnesses for the Defence.
JOSEPH SPILLMAN . I am a horse-patrol. On the night of the robber;, I went to Mrs. Pistell's house between nine and ten o'clock—she was greatly confused—I asked her two or three questions—she appeared to me like a woman rather deranged, or drunk—I asked her how the men were dressed—she said she had seen them in the lane with caps on, a day or two before—when we went in, she ordered us to stand round, and she said, "This is the House of Commons, and I am the chairman, or chairwoman"—I cannot tell which—it was one or the other—I put my hat on her table, and she ordered me to take it off, and said King William should not pot his hat on her table—I then left her, and told my brother officer, Lander, who lived nearly opposite, and Fair, to go on and see what she said—Lander was not there—I told him when I met him—they know more of her than I do, as I live six miles off.
MR. DOANE. Q. Who was with you? A. Godfrey the constable, Mr. and Mrs. Whittingtont and their daughter—I believe no one else—I believe they were all present when she said it was the House of Commons.
COURT. Q. Had you heard any description of the per sons of the prisoners? A. Yes, from the old lady—she did not give me their names.
WILLIAM FAIR . I am a horse-patrol. I went to Mrs. Pistell's on the morning after the robbery, and found the prisoners there with Godfrey and Lander—the prosecutrix stated it was no use for her to go before a Magis trate, for she could not swear to them, as the candle was knocked out of her hand the instant she opened the door, and she had not any opportunity of seeing their faces—she did not say any thing in my presence about knowing them by their voices—I have lived in that neighbourhood twelve years—I live about 300 yards from her house—I have had conversation with her at different times—she always discoursed in an incoherent man ner, and I considered her deranged.
MR. DOANE. Q. Who was present when she said it was no use going before a Magistrate, as she could not swear to them? A. Godfrey and Lander, and a nun named Eales—they no doubt heard it.
RICHARD WATTS . I am a labourer at Hayes. I saw the prisoner at the Angel public-house on the evening of the robbery, two or three minutes after seven o'clock—they were there at half-past seven o'clock, when I left.
JOHN SCOUSE . I am a labourer at Hayes. I was at the Angel on the night of the robbery, a few minutes after seven o'clock, and saw the prisoners there—they left just before the clock struck eight—I remained there—Watts had gone away before.
GEORGE GODFREY re-examined by MR. DOANE. I was at the prosecutrix's the following morning, about nine o'clock, when Fair and Lander were present, and Eales—Lander asked her whether she could swear to the men, she said, "No," and that it was no use taking them before a Magistrate, as she could not swear to them.
MR. PAYNE. Q. Were you there the night before, when Spillman was there? A. Yes—I did not take notice of her saying it was the House of Commons; but Spillman put his hat on the table, and she said King William should not put his hat there.
MOSES LANDER re-examined. Q. Did you hear the profecutrix say it was of no use taking them before the Magistrate, as she was not able to swear to them? A. She might have said it in my hearing, but I do not recollect those words—I recollect when I went in in the morning, she spoke very cross to me.
NOT GUILTY .
Before Lord Chief Justice, Tindal.
994. JOHN LEWIS was indicted for burglariously breaking and entering the dwelling-house of Benjamin Lock, about 12 in the night of the 15th of March at St. Dunstan, Stebonheath, alias Stepney, with intent to steal and stealing therein, 1 watch value 4l.; 1 watch-chain, value 5l.; and 2 seals, value 3l.; his property.
BENJAMIN LOCK . I keep a coffee-bouse and beer-shop in Waterloo-terrace Commercial-road, in. the parish of Stepney. On the night between the 15th and 16th of March, I was the last up in the house—I went to bed about eleven o'clock—all the doors at the back of the bouse were left on the latch—I did not consider anybody could enter the house the back way; but in front, every thing was bolted—there are two doors behind my house, which open into the back yard—they were left dosed, but on the latch, and could be opened from the yard—there is one door in front, that was locked, and the windows were ail fastened, all shut down close—between twelve and one o'clock, I heard a noise which I con sidered was the wind and rain beating against the front of the house—I had not been to sleep—I listened, and heard much the same noise, till I heard a brass candlestick drop into the water-jug in my own room—I had left it carelessly on the end of the wash-hand-stand that night, and thought it had fallen in by itself—the jug was standing on the wash-hand-stand, uiderneath where the basin is usually put, and there was no basin, so that it could fall into the jug—I still listened, and shortly after lost the tick of my watch—I had placed my watch on the corner of a little bracket on my wash-hand-stand—I then looked out of bed, and saw a parcel in the room by the wash-hand-stand, which I knew was not there when I went to bed, but I could not tell what it was—it was up in the further corner of the room where the watch was—I then got out of bed, and put my hand on this parcel, which I did not know was a man; but I put my hand on him, and Dp his back, and then on his face, and found it was a man—I collared him immediately—he was all but lying down, on his hands and knees—I
dragged him from there, close against the bedside, and sung out for the police—in a short time one came—I had called my son, who was in bed with me before that, and he came in two minutes—I told him to get a light immediately—he went down stairs for it, and brought it up tome—he and the policeman came up stairs both together, as nearly as possible—when the light came I found the prisoner to be the person I had hold of—he made no resistance, but begged hard for mercy—I knew him about four years ago—he had lived with me for about twelve months in Ratcliife-high-way—I found my watch hanging across the wash-hand-stand, balancing, the watch on one side, and the chain and seals on the other—the bracket it had been upon, is a little triangular piece, over the wash-hand-basin—there is a little court called George-court, behind my house, it leads out into George-street—two water-closets part my yard from the court—my wall is about eleven feet high—he must have come over both of those water-closets—he could not come any other way—he had been at my house the night before, and had a cup of coffee, and two half-pints of beer-be left about a quarter before eleven o'clock—I let him out myself.
Cross-examined by MR. PHILLIPS. Q. Were you about selling your business? A. Yes; the prisoner knew that from me—I told him be might come to the house as often as he chose—I told him the greater show of customers I appeared to have, the more I should get for my business—he had been there for every night for a fortnight or three weeks—he did not bring any of his friends, to my knowledge—my daughter was in the house that night—she is thirty years old—my son is turned fifteen—another daughter aged ten was in the house, but no servant—I was not more than two minutes drinking with the prisoner that night—that was at the Black Horse, White Hart-yard—I drank part of a glass of run and water there, and then gave him the glass—I did not drink with himin my own house—my daughter did not sit up after me—I was the last person who went to bed that night—I was sober—I never said that a vessel full of water was upset—I did not know it till I came back—I never said I it was upset before I jumped out of bed, to my knowledge—the signature to my deposition is my handwriting—I can read a very little, but I cannot make this out—I can write my own name, and that is all—I never wrote a letter that a man could understand, and if I saw it next day, it is a chance if I could understand it myself—I am sure I cannot be mistaken about leaving my watch on the bracket—what I signed at the police-office was read over to me, and I attended to it, as I was desired.
JOHN MITCHELL . I am a policeman. I was called in on this occasion, and found the prisoner in the hands of the prosecutor, in his bed-room—he was partly under the bed, and cruppled down, with his legs under the bed—I desired him to stand up—he said, "Have mercy on me, forgive me; I will make it all right"—I took him into custody—the prosecutor showed me the watch, balancing with the watch inside the place where the basin should have been, and the seals outside—the candlestick was upset, down in the water-jug—the prisoner was without shoes or stockings, and he said they were down stairs, but I could not find them—there is a wall which separates the adjoining premises—there are two little tenements in a yard—it is a passage from the public street—there is a dust-hole in the court, about half-way up the privy, it has a top on it-a person could get on that dust-hole, and over the wall—I did it with great ease myself—there were no marks on the outside doors, but they were both open.
Cross-examined. Q. What kind of a night was it? A. I really cannot say—I believe it was a fineish night—no—it rained at first, and then cleared up—I cannot say it was bright—I had a lamp—the house is in the parish of Stepney—it is commonly called Stepney parish.
MR. LOCK re-examined. I pay poor-rates to Stepney—that is the parish, that is all I know—it is called Stepney—I have not been there long—I had laid the watch down on the bracket, and when I found it, it was balancing across the wash-hand-stand—it was entirely separated from the bracket, hanging across on the other side.
GUILTY. Aged 20.—Of stealing only.— Confined One Year.
(There was another indictment against the prisoner.)
Before Mr. Justice Liltledale.
995. WILLIAM WRIGHT and JOHN CLARKE were indicted for stealing, on the 19th of March, 1 sheep, price 22., the property of John Perkins.—2nd COUNT, stating it to be the property of John Sayers and another.
GEORGE CAVE . I am in the employ of Mr. John Perkins, the proprietor of the Islington market. He has a field there, in which he keeps sheep—on Saturday the 18th of March, there were a good many wethers in the field—on Sunday morning, the 19th, I missed one—I had seen it safe the night before—I saw it on Sunday morning in the station-house at Islington, from ten to eleven o'clock, and knew it again by the marks.
TURBAND WILLIS . I live in Woodward-street, Dalston, and am in the employ of John Sayers, a beast and sheep salesman; he is in partnership with his son. On Friday, the 17th of March, a wether was put into their hands for sale, belonging to Charles Overman, of Norfolk—it was sold on Saturday, to Mr. Theobald, a butcher, in Kingsland-road—I delivered it to Cave on Friday afternoon, in Smithfield, to be left in Mr. Perkins's care—I saw it again on Sunday at the station.
WILLIAM EAGER . I am a policeman. On Saturday night, the 18th of March, about half-past twelve o'clock, I was in Hanley-road, Holloway, with my brother officer, Melvill, and saw the two prisoners driving the sheep between them towards the Green-lanes—they were talking together—Melvill asked them where they got the sheep from—Clarke immediately answered, that the sheep had followed them—they both said so—Wright wanted to go on, and said, "It's no use stopping here, we had better make our way towards home"—we immediately took them both into custody—Clarke resisted, and made his escape, but we apprehended him next morning at his house—I took the sheep to the office—Cave and Willis saw it there, and recognised it by marks on it.
Cross-examined by MR. CLARKSON. Q. The prisoners claimed no pro perty in the sheep at all, did they? A. No—(looking at a pian)—this correctly describes the Hanley-road, the Wellington public-house, and the field.
MR. CLARKSON, on the prisoners' behalf, stated that they had gone to Finchley to exchange a bad sovereign, which Clarke had received, and that in returning, the sheep started from a hedge and ran before them.)
JOHN JOHNSON . I live at Rayner farm, between Highgate and Finchley. Clarke was occasionally in my employ, and had been so two or three days in that week—on Saturday evening I paid him a sovereign, and he gave me change out of it—the same night, about eleven o'clock, when I was in bed, my servant came and said Clarke had brought a bad sovereign, which I
had given him, and I exchanged it without looking at it—next morning I found it was a very bad one.
WILLIAM DALBY . I am foreman to Mr. Adamson, a market gardener at Stoke Newington. Wright has worked for him about twenty-two years and did so on Saturday night, the 18th of March, and Clarke's wife has also worked for him—between nine and ten o'clock that Saturday night Clarke •bowed me a bad sovereign at Stoke Newington, and said he had received it from his roaster—I advised him to go back to his master with it—he said it was so late, and he had just come from there, and it was a long way he did not like to go back by himself—I offered to go back with him, if nobody else would—Wright stepped up to him, and said, "I will go with you," and his wife gave him sixpence to spend going along—they both started off together.
JEREMIAH MORTIMER . I lodge at the Wellington public-house, oppo site the manor farm, at the farther end of Highgate. On Saturday night, the 18th of March, I saw the two prisoners, a little after eleven o'clock, come into the tap-room, in company together—they had a pot of beer, and went away after twelve o'clock.
ANN COLLETT . I live in Hooper-street, Hornsey-road. There is a way across the fields, by my house, from Holloway and Islington—on Saturday, the 18th of March, about a quarter or twenty minutes after twelve o'clock, 1 saw a sheep in my yard—I thought at first it was a man stooping, but I satisfied myself afterwards that it was a sheep—I thought it had been pot in by a drover as a tired sheep—I saw on Sunday morning that it had come in from the back part of my shed, through a gap—there were the marks of its feet coming through some much—I had no watch—I traced the tracks on Sunday morning to find where it had come from, but could not, nor the way it went out—I have not a doubt it leaped from my yard into Mr. Groombridge's field, and his garden leads into the high-road—the garden of Mr. Herbert and Mr. Groombridge's join each other.
MARY DENNIS . I am in the service of Mr. Herbert, of Hornsey-road. On Saturday night, the 18th of March, mistress called me up about one o'clock—I heard' the clock strike as I was on the stairs—I went with her to the front door, and observed a sheep in the front garden—my mistress turned it into the road—our house is about twenty or thirty yards from Hanley-road—our garden is only separated from Mr. Groombridge's by a chain—a sheep could get from his garden into ours—his garden joins a meadow next to Collett's yard.
NOT GUILTY .
First Jury, before Mr. Recorder.
996. EDWARD EAGER and HENRY JONES were indicted for burglariously breaking and entering the dwelling-house of James Heseltine Bayford, about 3 in the night of the 15th of March, at St. Luke, Chelsea, with intent to steal, and stealing therein, 1 pair of ear-rings, value 5s.; 1 ring, value 5s.; 1 heart, value 3s.; and 1 pair of half-boots, value 2s.; the goods of Mary Ann Llewellyn: 1 half-crown, 4 shillings, 2 sixpences. and 5d. in copper, the monies of Harriet Core Frost: 1 fish-slice, value 30s.; 20 spoons, value 9l. 15s.; 1 sugar sifter, value 10s.; 1 ladle, value 10s.; 9 frocks, value 4l.; 2 cruet tops, value 3s.; the knob of a teapot, value 2s.; 2 coats, value 3l.; 1 pair of sugar-tongs, value 10s.; and 1 cheese-knife, value 10s.; the goods of the said James Heseltine Bayford: and ELIZA FREEMAN for feloniously receiving the said goods, well knowing them to have been stolen; against the Statute, &c.
MR. STURGEON conducted the Prosecution.
HAREIET COVE FROST . I am servant to Mr. Bay ford, who lives in the pariah of St. Luke, Chelsea. On the night of the 15th of March, I did not retire till twelve o'clock—I came down at seven o'clock in the morning, and discovered my fellow-servant's work-basket standing on a box at the entrance of the kitchen, and every thing turned out of it—the next thing I taw was the dresser drawers open, and every thing turned out of them—I then saw the plate-basket, which was standing in the kitchen cupboard empty, and four candles, a knife, a pair of pincers, and screw-driver, on a table in the kitchen—I saw the teapot standing on the dresser, without the knob—I went into the back kitchen, and saw the window standing wide open, and a tub which I had left on the stool was lifted off, and put into the middle of the kitchen floor—I and my fellow-servant were the last persons up the night before—I had put the plate-basket into the cupboard then—all the articles had. been moved from the places I had left them in—I hire nothing to do with the plate, and did not take notice how much there had been in the basket, but there were a great many spoons and forks—the basket was nearly full—they were silver—the window was shut quite close down the night before—not open in the least—it must have been lifted up.
Cross-examined by MR. PAYNE. Q. How many servants are there? A. Two, and a man-servant, but he does not sleep in the house—I am quite sure I observed the window before I went to bed, and it was quite shut—it was always kept shut—I shut it a great many days before—I observed it on going up stairs that night—it was the back kitchen window—there was no fattening to it—it was broken—I am quite sure it was not up in the least.
JAMES HESELTINE BAYFORD . I am a Procter, and live at No. 8, King's parade, King's-road, in the parish of St. Luke, Chelsea. On the morning of the 16th of March, from what my servant said, I went down stairs, and missed two great coats and the silver tops of the cruets—I understood the spoons and forks were missing, but not knowing where they were kept, I could not miss them—I employed the police, and in consequence of information I received in the evening of the same day, I went with the policeman to No. 2, Lender cottages, Leader-street, and there saw the policeman ibid some ear-rings, which my servant identified, and also one of my great coats—I afterwards attended at Lambeth police-office, and there identified another great coat of mine; and certain articles of plate, which I knew to be my property were brought to me a day or two afterwards, by a policeman.
Cross-examined. Q. What time in the morning was your attention called to your house? A. About seven o'clock—I had been up a short tune before—I heard my servants talking, and went down—it had been quite light for two hours then.
MR. STUROEON. Q. What number of walls must a person pass to get to your hack kitchen? A. My house is No. 8, and it appeared, by the marks
of footsteps in the garden, that instead of getting over the side where they would have three walls to get over, they must have got over seven or eight walls; they might be seen if it was daylight.
JURY. Q. What is the height of the walls? A. Six or seven feet at the outside—any body could get over them.
MARY ANN LLEWELLYN . I am servant to Mr. Bayford. On the night of the 15th of March, I saw the back-kitchen window quite close down about twelve o'clock, as we were going to bed—next morning, as I came down stairs, at the entrance of the kitchen, I saw my work-basket with every thing turned out of it; and on entering the kitchen, all the drawers were open, and every thing turned out, the plate which was left in the kitchen cupboard the previous night was all taken away, and the platebasket was empty—I lost some ear-rings, which I have since seen.
Cross-examined. Q. How long before you went to bed had you seen the plate basket? A. The last thing; we put it into the cupboard.
HENRY KIMBER . I am a policeman. I produce the whole of the plate, and one of Mr. Bayford's great coats, which I got from No. 2, Leadercottages, Leader-street, on the 18th—it was buried in the coal-hole, under neath the staircase, all packed up in a servant's apron as they are here—there were no coals there—there was a hole dug, and there was about two feet of mould over them—I had received information on the 18th, but on the evening of the 16th I got a pair of gold ear-rings, a cornelian heart, and a great coat of Mr. Bayford's, from the same apartment, which was occupied by Elizabeth Freeman—I have seen her there—the coat was on the bed, and the ear-rings and cornelian heart were taken out of the box in the room—I saw Riches, the constable, find a pair of boots on Freeman—I know all the three prisoners very well—I have seen them together, and Eager and Jones have been apprehended together before—I cannot say I have seen them all three together—I have seen Freeman with Eager in different parts of Chelsea, and in Lawrence-street frequently—I have teen Eager and Freeman come out of the house where the property was found—it might be a fortnight or a week previous to the robbery—I examined the garden and yard of Mr. Bayford's house, and saw the footmarks of two persons without shoes.
Cross-examined. Q. When you saw Eager and Freeman together, (except seeing them once come out of the house,) you have seen them in Lawrence-street? A. Yes—I have frequently seen them together in the street—I believe two persons lodge in the top room, and three in the room the property was found in—I believe they are the prisoners—there ire only two rooms in the house—I did not say that Eager and Jones were apprehended together—I will swear that.
HARRIET FRY . I go out nursing children, and take in washing and ironing, and live at No. 2, Leader-cottages—Eager and Freeman lived in the room below—I cannot swear that they lived together in the room—I had known them living there from about a fortnight before Christmas up to the time they were apprehended—Freeman went by the name of Mrs. Eager—I lived there before they came—I do not know who took the lodging—on the Wednesday night before the Thursday on which the policeman came, a policeman hallooed out, "Is any body here 1"—I got out of bed, opened the door, and he said, "Do you know your door is open?"—Freeman was present then—I found the door open—it was about ten minutes before twelve o'clock—the policeman said, "Ar'nt you afraid of catching cold? your door is open"—Freeman came out of her room,
and said she was waiting at home for her husband—our house is not abort ten minutes or a quarter of an hour's walk from the prosecutor's—I never knew Jones to be there but twice; I saw him once by the gate in the yard, and once at the foot of the stairs—that was about a week before.
Cross-examined. Q. Who came first to the house; Eager or Freeman? A. Freeman and another young woman came first after the key of the room, but I had not got it—I did not let the room—Mr. Wise did—Eager always lived there—he is the only man I ever saw there; but I have not always seen him there—I did not see him for near a fortnight after Freeman one—I did not live alone in the upper room—William Lambert lived there with me—I went by the name of Lambert—I entered that name in my rent book—I lived with him five years—he is dead now.
HENRY WISE . I have been a publican, but at present am out of business—I am agent for a widow lady, to whom the house No. 2, Leader—I cottages belongs. I let part of it to the person named Lambert, and the other to the female prisoner, who represented herself as a married woman of the name of Eager—I let it her in the early part of December—sometimes Freeman paid the rent, and sometimes the prisoner Jones—I have seen him occasionally, and understand he is her brother—I have seen him there eight or ten times—I never saw Eager there.
Cross-examined. Q. You let the upper room to a man named Lambert? A. The witness applied to me as being Mrs. Lambert, and I let her the room—there are thirteen houses occupied by labourers there.
WILLIAM ROWLAND . I am a policeman. I was on duty on the 16th of March, about a quarter before ten o'clock, in Petticoat-lane, and saw the prisoner Jones with this coat hanging on his arm—I went to him, and from hit appearance and the goodness of the coat, I thought he had stolen it—I asked him where he was going with it—he said he was an omnibus conductor—I asked where he got the coat from—he said he had had it two years, that he gave 18s. for it to a Jew, in Long-acre—I asked him where he lived—he said on Tower-hill, but refused to give me the name of the street or the number, and I took him to the station-house—he resisted, and I had a very hard turtle with him in the street—he tried to get away—it was rather dirty weather, and the coat was splashed at if it had been worn.
Jones. I told him I bad given 19s. for the coat, and that I bought it before the robbery was done. Witness. He said, "It is my coat; I have had it two years."
Jones. He said he knew the man who had lost the coat—I said if he would show me the roan I would return him the coat—he said, "Never mind, come with me"—I went with him, and he said I wanted to rescue myself from him, but I did not. Witness. He did try to get from me—there had been a coat stolen the morning before, and I thought this might be it—he said he would go to the man who had lost the coat, and give it to him if he had lost it, and in going along he ran away.
EASY BRIDGES . I am a policeman. I apprehended Eager in York-street, Westminster, in company with Freeman, on Friday the 17th, at nine o'clock in the evening—I was with Riches—I told Eager he was the man I wanted—he asked me what for—people collected round—I said, "Walk a few steps, and I will tell you what for"—in going along he said, "I suppose it
is for Mr. Bayford's robbery; it was not me that did the robbery, but sailor Jack"—I had a further conversation with him in going to Queen-square—told him not to say any thing to criminate himself—he then said, "You have found enough in the house to send me out of the country for life"—those were his words—Mr. Bayford's robbery was not mentioned at that time.
Cross-examined. Q. Which of the persons were taken into custody first the woman or the man? A. I cannot say, they were close together wben they were taken—I took the man, and Riches took the woman—I did not hear what he said to her.
(Property produced and sworn to,)
F. J. RICHES re-examined. When I apprehended the woman, I asked her name—she said, "What do you want to know my name for?"—I said, "I believe you to be concerned in the robbery at No. 8, King Vpande"—she said, "The things were brought to our house"—I said, "I believe you have a pair of boots on belonging to the servant"—she said, "They were brought at the same time"—I do not believe Eager heard me name No, ft, King's-road, or Mr. Bayford's name—he was at a distance at the time.
Jones's Defence. I have nothing to say about the property—I did not know it was brought there—I had only been at the place twice.
Freeman's Defence. When I got up I found the boots in the room, and put them on, because my shoes were tight, and on Friday night I went to Chelsea—the policeman stopped me, and asked my name—he was not in his right dress, and I asked what he wanted with my name, if he told me what he wanted, I would tell him—he asked me to go with him, and asked to look at my feet, and said the boots were what he wanted—on Saturday morning he gave me my shoes at Queen-square—I know nothing about the other property—I did not know it was in the place.
(Daniel In wood, sawyer, Gough-street, Gray's-inn-lane, deposed to the prisoner Jones's good character; and Charlotte Frazer, servant at the Edin burgh Castle, Strand, to that of Freeman.)
EAGER— GUILTY . Aged 20.
JONES— GUILTY . Aged 19.
Of breaking and entering, but not burglariously.
Transported for Life.
FREEMAN— GUILTY . Aged 19.— Transported for Seven Years.
NEW COURT.—Thursday, April 6th, 1837.
Sixth Jury, before Mr. Common Sergeant.
997. JOHN HARRIS and JOHN CHAPMAN were indicted for stealing, on the 27th of February, 300lbs. weight of rope, value 2l. 5s.; and 1 wooden block, value 6s.; the goods of Stewart Majoribank and another.
MR. PHILLTPS conducted the Prosecution.
WILLIAM LANG PAIGE . I am constable to the East India Pock Com pany. On Monday, the 27th of February, I was at the Export Dock-the Thomas Coutts was in the dock—I saw the prisoners, about a quarter past four o'clock in the afternoon, dragging this rope up the dock—they brought it to the gate to me, where a pass is required—Harris gave me this pass, in the name of Prout—I said, "I know nothing of the name of Prout"—I know a man they described by sight—I said I did not like the pass. but he would be there—he said they had another chain of rope to bring up—they fetched it, and Jell me at the gate, and went for a truck—I asked where they got the rope—they told me, from the Thomas Coutls—I kept
the rope inside—I thought they ought to he detained—I went and brought Harris back, but I did not see Chapman—I saw him again two days afterwards—he did not come back with the truck.
Cross-examined by MR. CLARK SON. Q. Did he say Prout was Cole's nephew? A. I do not recollect—Cole keeps a public-house.
MR. PHILLIPS. Q. Do you mean he may have told you Prout was Cole's nephew? A. He might—I do not recollect it.
NOT GUILTY .
JOHN SMITH . I am gardener to Mr. James Green. About a quarter before one o'clock, on the 25th of March, I left the cart in the field—when we returned'again at two o'clock, the wanty and buckle were gone—I heard it was at the station—I went to the station-house, and found it and the prisoner.
GEORGE LOWE (police-constable T 50.) I found this wanty on the prisoner in Church-street, Hammersmith, about half-past one o'clock—I asked where he got it from—he said, from the harness-maker's across the way there—they said they had not seen him—I took him to the station, and there Smith came and owned it.
(Property produced and sworn to.)
Prisoner. I wanted some victuals—my father won't let me go in-doors.
GUILTY . Aged 15.— Transported for Seven Yeas.
THOMAS BLAKEMAN . I live in Judd-street, St. Pancras. On the 4th of March, a little before ten o'clock in the morning, the prisoner Smith was brought into my shop by a policeman and another person, with a roll of flannel, which is the property of myself and my partner—I had seen it safe ten minutes before.
JAMES KENNERLEY (police constable, C 60.) I was on duty in Oxfordrtrwt, and saw the two prisoners in company with another between half-past nine and ten o'clock—I am quite sure the two prisoners were together—I was in plain clothes—I followed them through a number of streets to Judd-street, where I saw the two prisoners go to Mr. Blakeman's shop door, and look in—Higgins then went and stood by the window looking in, Smith passed by the door and looked in—he then passed the door and stood a few seconds—he then went and stood by the window alongside of Higgins, and appeared in conversation—he then went by the door again, and I saw Higgins make a sign with his hand—Smith then went up on the step of the door and took this roll of flannel off a box—he walked away with it—I pursued, in company with Mr. Heath—I took him, and Higgins ran away—I apprehended Higgins yesterday week at his lodgings in Grafton-street Soho—I know him perfectly well.
Cross-examined by MR. CLARKSON. Q. Does Higgins's mother lodge with him? A. I believe she does—he was very willing to go with me—there was no one with me in Oxford-street—I know Higgins perfectly—I knew
where he lived on this day, but I did not go, ns I had every reason to believe he would not go home—I got information on the night I took him that he was at home—I have had the person who gave the information twice at Marlborough-street for attempting to pick pockets—he is a companion of the prisoner's.
ROBERT HEATH . I am a coal and potato dealer in Judd-street. This officer came to my house and asked for shelter—he said, "I am watching these three young men"—I watched them myself, and saw Smith take the flannel—I will not swear to Higgins—there was one the same site as Higgins, and one smaller—I should think they were about ten minutes together before they took it—I did not cross the road till I saw the flannel taken.
Cross-examined. Q. If the policeman had told you to take one while he took the other, that might have been done? A. I took Smith myself—he might have taken the other if he had crossed the road.
Smith. I was in great distress at the time I did it.
(Smith received a good character.)
SMITH— GUILTY . Aged 23.— Confined Six Months; Three Weeks Solitary.
HIGGINS— GUILTY .* Aged 24." Transported for Seven Years.
1000. RICHARD BRIDE was indicted for stealing, on the 16th of March, 40lbs. weight of lead, value 12s., the goods of John Plummer and another; and fixed to a certain building; against the Statute, &c.
CHARLES COWARD . I am a millwright in the employ of Mr. John Plummer and William Wilson, of Great Tower-street. Their factory is in Cubit-court, Golden-lane—I saw the lead safe there on the 8th or 9th of March—on the 16th of March, the policeman brought the lead—I fitted it to the roof of my master's factory—I am sure this is part of it—there are no marks on it any more than the fitting of it.
THOMAS MALIN (police-constable G 156.) I was on duty in Golden-lane about one o'clock in the morning of the 16th of March, and saw the prisoner running down Bell-alley with a smock frock on—he had something very heavy, which pulled him down on one side—I said, "What have you got here?"—he said, "Nothing at all"—I seized him and found it was lead—I sprung my rattle and said, "Where did you get this from?"—he said it was bis own—I took him to the station—I went back and found this small piece of lead near the premises—I have compared that with the other on the premises, and it fits exactly.
GUILTY *—Aged 20.— Transported for Seven Years.
CHARLES RAWLINSON . I live in Queen-street, Marylebone, and am a grocer. On the 18th of March, at half-past eleven o'clock at night, I was in the parlour behind the shop—I saw the prisoner put his arm round the door post, and take a piece of soap—I followed him up a street to John-street, Edgware-road, where I took him—the soap was thrown down—a little girl picked it up, and gave it to my wife—I have no doubt this is the soap I saw him take.
Prisoner. I was going to get a quarter of an ounce of tobacoo—before
I got into the door, he ran up, and called "Stop thief"—I went up the street—he told the Magistrate he was in the parlour—he laid I came into the shop, and then he said it was round the corner of the door.
GUILTY .* Aged 19.— Transported for Seven Years.
1002. JAMES AYRES was indicted for stealing, on the 14th of March, I bolster-case, value 6d.; 2 collars, value 6d.; and 1 frill, value 2d.; the goods of John Fletcher: and 1 nightcap, value 1s.; the goods of John Moon: 2 aprons, value 18d.; 2 handkerchiefs, value It.; and 1 nightcap, value 6d.; the goods of Agnes Moon; 1 apron, value 6d. 1 pinafore, valve 3d.; 1 handkerchief, value 2d.; 1 cap, value 8d.; and 4 yards of net, value 4d.; the goods of Elisabeth Crow; and that he had been before convicted of felony.
HANNAH FLETCHER . I live with my father, John Fletcher, at Ealing. On the 14th of March, about seven o'clock in the evening, these things were drying in the garden—I and my mother went out to look for them at eight o'clock, and they were gone—these are the things.
WILLIAM GATES (police-contsable T 78.) On the 14th of March I had information of this robbery, and saw the prisoner in Mrs. Stevens garden, between seven and eight o'clock, trying to conceal himself—I took him, and found all these things on him.
AGNES MOON . I live at Ealing, with my father. My mother put into the garden two handkerchiefs, a cap, and towel, and other articles, at five o'clock on the 14th of March—I saw them—I did, not go after them, till I was told they were gone, between seven and eight o'clock—I live near Fletcher's—these are my articles.
Prisoner. I know nothing about it—I was in liquor so much, that I do not know what I did.
GUILTY . Aged 28.— Confined One Year; Three Weeks Solitary.
JOHN WILLIAM BICKERS . I live in Old-street, and am a broker. On the 18th of March these paintings were outside the door—I saw them safe about two o'clock in the afternoon—I received information about four o'clock, and they were then gone.
PHILIP REGNART . I am a French-polisher, and live in Pool-street, New North-road. I was in Pitfield-street, at half-past two o'clock, and saw the prisoner attempt several shops—I watched him to Old-street—he tried to take a pair of shoes from one place, and then he went to the prosecutor's, took these paintings, and ran off down Mitchell-street—I went down another street, and met him, took the paintings from him, and gave him into custody.
Prisoner. A person came by me, and gave them into my hand—I new attempted any shops.
GUILTY . Aged 22.— Confined Six Months; Three Weeks Solitary.
THOMAS PRYCE JONES . I live in Tothill-street, Westminster. I saw these four handkerchiefs hanging inside my shop, on the 18th of March, about half-past eleven o'clock at night—between that and twelve o'clock the policeman came in, and asked if I had lost any thing—I said "very likely, "as I had seen a man run very quickly out of the shop—I described his dress to the policeman—he had a jacket, a white apron, and a cap on—these four handkerchiefs are mine—they have my tickets on the corner.
Prisoner. Q. Did you see me in the shop? A. Yes, you had been in the shop, and brought a duplicate to me—I said it did not belong to us.
RICHARD COLLARD (police-constable B 110.) About half-past eleven o'clock that night I saw the prisoner in New Tothill-street, about two hundred yards from the prosecutors—he had a jacket, a cap, and while apron on—he had something in his side—I asked what he had got there—he said, silk handkerchiefs, that he was going to pawn, and 1 found there four handkerchiefs, which he said he found in the street.
Prisoner. I ran up against him, as I was going to get a shawl—I asked him which was Mr. Williams, the pawnbroker's—I had been drinking that afternoon—I said I had got some silk handkerchiefs which I bad just picked up.
GUILTY . Aged 19.— Transported for Seven Years.
ALFRED SMITH . I am eleven years old; I am the son of Job Smith, of Queen-street, Finsbury, a carpenter. I was going into Shoreditch, on the 18th of March, between six and seven o'clock in the evening, and had a rule in my pocket—I did not see the prisoner—as I came back, Purton showed the rule to me—I know it, because I always have it in my pocket—I gave it to the policeman.
WILLIAM PURTON . I live in Ann's-place, Hoxton. On the Saturday evening I was in Shoreditch, and saw the prisoner, and several other*, round a baker's shop, as a gentlemen came into the crowd—they tried their pockets—I then saw Smith come up to the crowd, and the prisoner tried a basket that he had got, but the lid was tied down, and he could not get it open—the boy then went out of the crowd, and the prisoner and another went up to him—they stooped down towards his pocket; I seized the prisoner—he had got the rule up his sleeve, and partly in his hand—I called the officer, who took him.
Prisoner. I picked it up from the ground. Witness. No, he did not stoop low enough to pick it up.
(Witness for the Defence.)
MARY LILLY . I live in Ship-court, Old Cock-lane, with my father, who is a butcher. I do not know the prisoner, but I know he picked up the rule by the baker's shop—I should have picked it up myself; only he stooped down too quickly for me—this was last Saturday fortnight—I did not see the officer come up and take him, as I went away—I heard of this last
Monday—Mrs. Lock came by, and begin to cry about her son, as I was talking to Susan Giles—when she was gone, Giles said, "How this? poor woman frets," and she said her son was here—I said, "What was it about?" and she said, A rule"—I said "Was it by a baker's shop, at the corner of Hare-alley," and she said, "Yes"—I said, "He picked it up"—Mrs. Lock lives in Old Cock-lane.
NOT GUILTY .
THOMAS TOWNSEND . I am a fruiterer, and live in St. John-street-road. On the 1st of April I was in Covent-garden market, at half-past seven o'clock in the morning—I had a handkerchief in my pocket—I did not miss it till the constable told me of it—this is it.
Prisoner. I saw it on the ground, and took it up. Witness. He never stooped at all—he stood upright and took it.
(The prisoner received a good character.)
GUILTY . Aged 19.—Recommended to mercy.— Confined Three Months; One Week Solitary.
CORNELIUS STIRRUP . I live in Hadden-street, Camberwell. I was in Broad-street, Bloomsbury, on the 25th of March, and received information from a policeman—I turned, and my handkerchief was gone—this is it.
RICHARD BRADSHAW (police-constable D 102.) I saw the prisoner and another following this gentleman—I saw the prisoner take the handkerchief from the prosecutor's pocket—I ran over and took him—I pursued the other person, but he made his escape.
Prisoner. I was walking by the side of St. Giles's church—I stopped to look into a shop, and a handkerchief came in my (ace—I looked to see what it was, and the officer came and said I had robbed a gentleman. Witness. I am certain I saw him take it out of the pocket, and put it into the flap of his breeches.
GUILTY .* Aged 23.— Transported for Seven Years.
GUILTY . Aged 35.— Confined Four Days.
(The prisoner received an excellent character.)
GEORGE BROWN . I lodge at William Wood's, in Macclesfield-street South. The prisoner lodged in the same house—we slept together—I went to bed on the 10th of March—the prisoner was in bed before me—I took off my waistcoat, and put sixpence and 4d. in the pocket—the next morning 1 got up at a quarter before seven o'clock—my waistcoat and money were gone—he had got up before me—this is my waistcoat, which had the money in it—there is no money in it now.
GUILTY .* Aged 21.— Transported for Seven Years.
JOHN YEOMAN ROOD . I am in partnership with my father, Roger Rood, living in Maiden-lane, King's Cross, The prisoner and some other women were employed on the premises—about two months ago we missed some shirts—it was the prisoner's duty to take care of our shirts—on the 16th of March I had her apprehended.
Cross-examined by MR. STURGEON. Q. How long had she lived in your service? A. I suppose sixteen or seventeen years—I never suspected her before; we have missed articles.
WALTER CAMPBELL (police-sergeant E 16.) I apprehended the prisoner at the shop of Mr. Button, a pawnbroker, at Battle-bridge, and when I got to the station-house I told her it was for stealing shirts, the property of Mr. Rood—she asked what I thought would be done with her—I searched her, and found nine duplicates on her—I asked if the whole of them were Mr. Rood's—she said they were.
Cross-examined. Q. Did you find any money on her? A. Yes, 15s. 5 1/2 d.
Cross-examined. Q. Had she been pawning for any length of time? A. Yes, I suppose five or six years—she pawned in her own name—the has taken some shirts out of pawn.
SARAH LEWIS . I live in Thomas-street, Clerk en well. I pawned a shirt at Mr. Wells's, at the prisoner's desire—she said she wanted to make up some money, and it was her husband's, and I could get more money on it than she could.
(The prisoner received a good character.)
GUILTY . Aged 34—Recommended to mercy; Confined Six Months.
JOHN TOLLADY . I live in High-street, Kingsland, and am a marine-store dealer. The prisoner was in my employ—it was his duty to come home directly the iron was weighed at the wharf, and bring me the money—he has never paid me 5l. 16s. 5d., from Mr. Webb.
Cross-examined by MR. PAYNE. Q. How long had he been in your em ploy? A. About seven weeks—I have known him about two years—he always paid me every thing before thison the day in question, I received a letter from him, about six in the evening, saying he had lost the money all but four half-crowns—I sent the letter to the station-house—when I came home at eleven o'clock at night, he was there—that was before I made the charge—he went and delivered himself up at the station, about seven o'clock.
paid him for his master, five sovereigns, one half-sovereign, and six shillings in silver.
Cross-examined. Q. Had you known him before coming there with goods? A. Yes, as long as I have been there—the accounts have been made out in his name, while he was in the prosecutor's service—we knew nothing of his matter—we thought we were dealing with the prisoner—he signed the bill as having received the money in his own name, as he had done before.
EDWARD BADDELEY (police-constable N 18.) The prisoner came on the 11th of March to the station—he said he had lost Mr. Tolladay's money, and sent him a letter, he heard he was very angry, and he had come to deliver himself up—he said he had a hole in his pocket, and the money had got through that.
NOT GUILTY .
GEORGE M'DOUALL . I live in Love-lane, Shadwell. About seven o'clock on the morning of the 28th of February, I was crossing Cowderoy's-fields, and met the two prisoners and another, who knocked me down and took my waistcoat off—Develin was the biggest—they pulled off my jacket, and took the waistcoat, and left the jacket, as it was not worth so much as the waistcoat—I had known them before—the two prisoners went to school with me—Giles helped—they did not hurt me—they ran across the wooden bridge, into Back-alley—that is not above five minutes' walk from the field—I followed them all the way to Back-alley, and then they shut me in, tod I lost them—there is a door there, they ran in first, and I after them.
Cross-examined by MR. DOANE. Q. You went to school with these boys? A. Yet, for about two years—Giles left before I did—they asked me to. pawn a handkerchief when they met me—I have never been in a frolic myself—they knocked me down—I did not take my own coat off—I did not lay on the ground while they took it off—I did not make an outcry—I stood still, and let them take it—they ran off, and I after them—I did not cry "Stop thief"—I followed them into Back-alley, and they completed the joke by locking me in.
NOT GUILTY .
Cross-examined by MR. CLARKSOM. Q. Were they fixed to the building? A. Yes.
DAVID EVANS (police-constable H 118.) On Friday morning the 17th of March, at ten minutes past six o'clock, I saw the prisoner carrying some Mng along, wrapped up in a counterpane—it contained these sashes.
Cross-examined. Q. Were you near to him when you first saw him? A. I was about fifteen yards from him—I lost sight of him—he went round the corner, and after that I went round the corner, and found these
sashes against the wall, and the prisoner was running away—I ran after him—he said he had done nothing.
NOT GUILTY .
THOMAS WALLIS . About half-past ten o'clock in the morning of the 4th of April I went down Compton-street, where there had been a fire—I turned round, and saw the prisoner with my handkerchief in his hand—I collared him, and said it was mine—he dropped it—I said, "You may as well give it to me"—he said he had it given to him by a boy.
Cross-examined by MR. DOANE. Q. You found it safe before you saw this fire? A. Yes, and in about a minute and a half I saw it in the prisoner's hand—I swear that—there were a number of people round the place, but I turned and saw him going out of the crowd, and putting it into his trowsers pocket.
NOT GUILTY .
LEWIS FIGGETT . I live in Union-place, Walworth, and am a carman. On the 18th of February I was in Ormond-yard, with a cart loading—the prisoner was helping me to chuck up some dung—I had a coat and sack against the wall—I saw him take them up and run off with them—I could not follow him, because I had other property about the cart—I saw him again a fortnight after—I am sure it was him—he had been with me three months.
(The prisoner pleaded poverty.)
GUILTY .* Aged 33.—Recommended to mercy by the Prosecutor.
Confined Six Months; Three Weeks Solitary.
Sixth Jury, before Mr. Sergeant Arabin,
JOHN FRANCIS . I am a bookseller, and live in St. John's-square, Clerkenwell. I have a shelf in front of the window—on the 27th of March, about three o'clock, I heard the books move—I turned my head, and saw a vacancy—I went to the door and saw the prisoner with another, another about a hundred yards off I caught the prisoner with the two books in bis hand.
Prisoner. I saw these two books lying on the pavement against the wall—I picked them up—a young man came and asked what prise I had found—I showed them to him—he returned them to me, and the prosecu tor came and took me. Witness. I heard the noise of the books, and went out directly, and the prisoner had them—I took no notice of the persons who were with him—not two minutes elapsed between hearing the noise and my going out.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined One Month.
WILLIAM LATTEN (police-constable E 57.) On the 14th of March, a little after two o'clock, I was in Southampton-row—I met the prisoner and mother person—Madden said, "These two have robbed a gentleman of a handkerchief, and this one, "(pointing to Brown,) "has got it"—I took them both, and found it in Brown's hat—I did not see the owner of the handkerchief, and do not know his name.
THOMAS MADDEN . I am porter to a green-grocer, and live in March* mont-place. I was going to Covent-garden, and saw the prisoner and two more boys—I saw the prisoner draw a handkerchief from a gentleman's pocket, who was walking towards the New-road—Brown pot the handker chief under his arm—I followed them, and told the policeman of it—he took the prisoner and another, and found the handkerchief on the prisoner.
Prisoner's Defence. I had been to Somers Town to see my sister—I saw the handkerchief on the ground—I picked it up and put in my pocket—the witness came and said I had picked the gentleman's pocket—I said, "Go tod tell the gentleman"—he said, "(Give me the handkerchief; and I will say nothing"—I walked a few yards farther, and gave myself into custody.
GUILTY .* Aged 21.— Transported for Seven Years.
1018. HENRY DAVIS and WILLIAM RYAN were indicted for stealisf, on the 3rd of March, 1 till, value 2s.; 12 shillings, 8 sixpences, 84 pence, 120 halfpence, and 192 farthings; the goods and monies of William Castle; and that Davis had been before convicted of felony.
WILLIAM CASTLE . I keep a chandler's shop in Lower Edmund-street, King's Cross. On the 3rd of March I was in my back parlour, between seven and eight o'clock, and heard a noise—I looked into the shop, but saw no one—(I could see a person if they were standing up, but not if they were creeping)—I listened again, and heard something else—I then saw something like a boy's cap rising up near the counter—I went into the shop, and looked round—I did not see any thing—I went out, and looked down a court by the side of my house, and saw two persons walking down—I did not notice what they were, but I think they were men, or it might be a man and a boy—I then came into the shop—a person came in for something—I went to the till, and found it was gone—I had seen it safe six or seven minutes before—it contained about 16s. in silver, 12s. in half pence and pence, and 4s. in farthings—the next day I beard there was a till found at Islington station-house—I went, and it was mine—this is it—the money was not found—before I heard this noise the till was secure, and nobody else had been in the shop.
SARAH SCOTT . I live in that neigbourhood, and am married. I went to the prosecutor's shop that night, between seven and eight o'clock—I wanted three farthings' worth of sugar, and a halfpenny candle—I did not get them—I returned down the court to a neighbour, and asked if she had another farthing to lend me—I kept in sight of the prosecutor's shop—I saw Ryan go in on his hands and knees, and Davis stood on the bottom step of the door—I saw Ryan bring the till out, and give it to Davis—I did not give information—I was afraid—they went down Spencer-court—I knew them before, and I am certain they are the persons.
and saw Davis with the till under his arm, and a boy with him—I cannot swear to Ryan—I saw Davis put his hand into the till, and then into hi, pocket.
JAMES CARTER (police-constable S 140.) I apprehended Davis on the 4th of March—when he found I was coming near the door, he took a hammer, and said he would break my head—I drew back, got my staff, and then he dropped the hammer, and I took him—this was in a dark yard in Maiden-lane—the till was given to me at the station-house—I took Ryan on the 5 th.
DAVIS— GUILTY . Aged 22.— Transported for Life.
RYAN— GUILTY . Aged 15.— Confined Six Months.
THOMAS CORNELL . I am shopman to Charles Edwin Kendall, shoemaker, Great Saffron-hill. On the 19th of March, the prisoner and a man came, at half-past seven o'clock, to try a pair of boots—I showed the man some, and saw him put them under the form—the prisoner took them, and put them under her cloak—then the man wanted to see some more boots, which I showed him—he put them under the form, and then wanted to see some more—the prisoner put that pair under her cloak—she was then going out—I taxed her with stealing the boots—she kneeled down, and begged me to forgive her—these are the boots—the man went away.
Prisoner. The man asked me to show him the nearest way to Saffronhill—I went with him to show him the shop where my brothers generally deal—I took up a pair of boots, and asked him would they not suit him? and then this young man turned round, and said I had them under ay cloak, but I am innocent.
GUILTY . Aged 30.— Confined One Month.
THOMAS AGO . I am a fishmonger in Clare-market. On the 29th of March I sold Mr. Ware some fish for 1s. 6d—he gave me a half-crown—I dropped it—the prisoner must have been near me, but I did not notice him previously to its falling—I dropped it—I had an opportunity of seeing whether it was good or bad—the prisoner saw it roll, and picked it up, and handed to me one which I saw was bad—he was walking off—I stopped him, and said, "This is not the one you picked up—give me the good one"—his hand was closed—I said, "Give me the half-crown"—his hand, and gave it me—I put it into my pocket, and laid it out-the officer has the bad one.
Prisoner. Q. Did I not pick up the half-crown with my right hand, and deliver it to you? A. No, with your left hand—you gave me the other with your right.
—I saw the prisoner pick it up after Mr. Agg dropped It—he gave him another half-crown—this is not the one I gave.
Prisoner. The one the prosecutor took away from me I had received for carrying luggage from the Bell Inn, Holborn, to Camberwell-green,—I carried it in my hand through the market, and this gentleman dropped the half-crown—I took it up, and gave it him.
NOT GUILTY .
JAMES SMITH . I live with Mr. Lewis Garrett, who keeps a public-house in Clare Market. The prisoner came in on the 30th of March—he is a customer there—I know him very well—he called for half a pint of beer—it was between seven and eight o'clock in the morning—the baker came in for change for half-a-crown—I gave him 2s., and while I was counting six pennyworth of halfpence, the prisoner took up the half-crown, and ran out—I saw him running down the street—he was sober.
GEORGE WESTON . I am a policeman. I took the prisoner for an insult, and asked him what he did with the half-crown that he took from Mr. Garrett—he said, "I merely took it for a lark, I meant to return it."
Prisoner's Defence. I went there for half a pint of beer—a man came in who had left a book for a pot of beer, and he said to me, "Sheen, is this book of any value?"—I said, "I do not know, I will go down Castle street, and see if it is"—while he was changing the half-crown I had my back to him—I walked out to go to Mr. Potter's to see what the book was worth—I and the baker went on, and returned to the public-house in half an hour, and Smith said, "Some of you took half a crown;" and then he went to the baker, and said he took it; and when I was taken, he said it was me.
THOMAS COVENEY . I went to the public-house for change for half-a-crown—I laid it on the bar—Smith gave me the change—the prisoner to there, conversing with another person, looking at a book—I came away with my change—in a few minutes Smith came to me, and said, "Did you give me the half-crown?"—I said, "Yes, I will take my oath I laid it on the bar"—I am shopman to Mr. Andrews of Clement's-Inn-passage—I have known the prisoner by sight—I do not know who took the half-crown—Smith told me he did not know which of the two took it, and in a few minutes he sent in a boy for me—there was a shoemaker at the bar, and Smith accused him of taking it.
JAMES JUPP . I am a boot-maker. I have known the prisoner about nine years—I was in the public-house—the prisoner called me in that morning, respecting a book of gold that they had taken in pawn for a pot of beer—I went with him down to Potter's, to ascertain whether it was real or not; but before this, the baker had been and got his change—when we came back, Smith accused me of taking the half-crown, and said he would get a policeman to take me—I stopped there, and at length one came—I said I would go with him, but he would not take me on my own charge—Smith said he did not know who had done it, but he accused me first.
JAMES SMITH re-examined. I did not accuse Jupp—I never said a word to him about it—when the prisoner came back, I said I should give him in charge—he said he would be do if I should, and he ran down the street—I sent to the baker to ask him to come, and I said to him, "Sheen, the tailor has taken the half-crown, and run away with it."
HANNAH BLAND . I went to look for the prisoner to go to work—I went to the public-house at twelve o'clock, and asked Smith if he had seen the prisoner there—he said he had, he was in there between seven and eight o'clock—and he told me this half-crown was missing while he and the shoemaker were in company, and he could not be on his oath which of the two had it.
NOT GUILTY .
JOHN POWELL . I am a shoemaker, and lodge in the same house at the prosecutor—he is a general salesman. On the 28th of March, I was at work in the kitchen, at No. 16, Charlton-street—these shoes were placed between half a dozen decanters and twenty-four flat irons, at the door—I saw Stone, with another person, come across the area railing—I watched, and saw Stone take a pair of shoes from the door—I came up stain—I saw him drop them from under his arm when Mr. Bluett cried out, "Put them down," and he run off—I pursued, and a gentleman stopped him—I said, "You are the person that took the shoes"—he said, "I am not"—I said, "You are"—he said, "If you take me, we will have a fight for it"—I collared him the tighter, and when he came to a turning, he said, "Here is where I live," and down he ran—I went and gave information to the officer—he was taken, but he had changed his dress—I knew him before, as I had seen him about.
Prisoner. I was coming with another young man—we were larking—I kicked against the boots, and kicked them to the gate.
GUILTY . Aged 19.— Confined Three Months.
HENRY LAMB . I live with Mr. John Elliott, a pawnbroker, in Kingsland-road. On the 18th of March, about two o'clock, I saw the prisoner take these boots, which were outside the shop, lying on a shutter—I went out, and caught her about fifty yards off—I brought her back, and she threw them down in the shop.
Prisoner. It is all false—I was looking at a pair of boots on the first board—this boy ran out, and said I wanted to steal them—he took them inside, and put them on a basket. Witness. She had got fifty or sixty yards from the shop.
GUILTY . Aged 26.— Confined Three Months.
Plumbers'-row. On the 25th of March, between five or six o'clock in the evening, I was in a room behind the shop, and saw through a crevice the prisonercome and take five books, he put them under his coat, and went away—I told my husband—he went and brought him back—I am sure he is the man.
Prisoner. I was looking at the books—I took none—it was forty or fifty yards from where she was. Witness. It might be twelve yards.
Prisoner. The pawnbrokers have shut up these six months. Witness. The door was open, and he threw them in.
Prisoner. I was merely looking at the books—I went away, and Mr. Branch came and collared me—I came back, and some one brought in the books.
GUILTY .* Aged 21.— Transported for Seven Years.
JAMBS WILLIAMS . I am a painter. On the 26th of March, between three and four o'clock in the morning, I had been with a few friends, and was rather later than usual, and rather fresh, but I knew what I was about—I fell in with the prisoner near the Union public-house, Oxford-street—the came up to me, and asked if I would go with her—I asked if she knew where I could get any thing to drink—she took me to the Union public-house, which was shut—she took me up the yard to a back door, and we found that was all closed—and then she wanted me—she caught hold of me, and all at once I put my hand down and missed my watch—I asked her for it—she said she had not had it—I said she had, and she should not go till I had it—I caught hold of her, and called the policeman—he searched about, but could not find it—in going to the station-house I was following them, and the policeman said he had got it. I am married.
JOHN STANLEY (police-constable D 48.) I was on my round, and went through the Union-yard. I saw the prosecutor, the prisoner, and a constable, who told me this man had been robbed—he was then searching about in some sawdust, but he could not find the watch—I asked the prosecutor if he had his watch when he came into the yard—he said, "Yes"—I said, "Did you feel it drawn from you?"—he said he did not—I took her, and when we got about three yards I hit my foot against something—I asked if she had got an umbrella—she said she had not—I stooped down, and in the bottom of her clothes I found this watch, in a sort of pocket or slit there—the prosecutor had been drinking, but was sensible.
Prisoner. I met the prosecutor about two o'clock—we went to the public-house door, but could not get in—he said, "There is a back door"—we went there, and could not get in—then he pulled me about—I asked what was his compliment—he said he had no money, but he would leave me 'is watch—he pulled me about, and tore my cloak—he was then knocking me about—I told him to call the policeman, and not to knock me about—to policeman came, and caught us both.
GUILTY .* Aged 40.— Transported for Fourteen Years.
PERCIVAL ADAMS . I am a solicitor, and live at Walsal, in Staffordshire On the 18th of March, about a quarter past seven o'clock in the morning, I came to town—I got out of the coach at the Angel, at Islington, and called a cab from the stand opposite—the prisoner was the driver—I saw my hat-box and Macintosh cape put into the cab on the seat, and the portmanteau put on the seat afterwards—I drove to No. 18, Ashby-street, Northampton-square—when I got out, the prisoner brought the portmanteau out to me, and I thought he had brought all the rest—I paid him 1s. 6d.—he then went away—in five minutes I found the hat-box and cape had not been delivered—I went to the porter at the Angel to ask if he knew the number—a gentleman gave me information, and I went to Somerset-house—on Sunday, the day after this had happened I went to the proprietor of the cab, and found the prisoner—his master asked him what he had done with the cape and hat-box which I had left in the cab—he said he knew nothing of them, but he ac knowledged having driven some gentleman from the Angel to Ashby-street—I gave him into custody—the property has never been found.
Cross-examined by MR. DOANE. Q. This was at half-past seven o'clock in the morning? A. Yes, rather earlier, it was cold—the cape and box were on the seat—I found the prisoner at the Horns public-house, in Shoreditch, on Sunday.
THOMAS GREEN . I am a watchmaker, at No. 9, Ashby-street. I was standing at my window, and saw the prosecutor coming to the house, No. 18, with a cabriolet—the prisoner took the portmanteau in, and came out with the money in his hand—I saw on the seat a leather hat-box, and what appeared to me to be a cloak—he looked about, to see if any one was observing him—he then drew them off on the bottom of the cab, and threw the board over them—he drove off—I came down as fast as I could, but the street door not having been opened, before I got out he had got off—but I saw the number on the back of the cab—I went over to where the prosecutor went, to tell them.
Cross-examined. Q. Was the cab standing sideways to the door be went to? A. Yes—my house is not exactly opposite—I could see these things on the seat—I did not see the number when at the window—I saw into the front of the cab—it had started when I got down.
GUILTY . Aged 19.— Transported for Seven Years.
OLD COURT.—Friday, April 8th, 1837.
Third Jury, before Mr. Sergeant Arabin.
WILLIAM B. I am a farmer. I know the prisoner and her husband, William Barton, who keeps a public-house—I knew her before she married him—I was present at their marriage, on the 29th of January, 1824, at Skirbeck in Lincolnshire—they lived together as man and wife for several years—I saw Barton last Monday night in Lincolnshire.
Cross-examined by MR. JONES. Q. I believe she was the widow of a person named Taylor, who had been a butcher? A. Yes—I know she had one child at the time of his death—she had about 300/. left her by Taylor—after she married Barton she went to live at Kirton—I never knew that she was obliged to leave him in consequence of ill usage—they had left Kirton
before they parted, and went to live at Boston—Barton got into reduced circumstanes, and all his property was sold off—the prisoner, after that, came to London, and got a situation as servant—the children were on the parish—the child she had by Taylor, and two she had by Barton—she did not take them from the workhouse—they have always been on the parish, I believe—she left Barton about seven years ago, and I understand since that she has supported herself—the second husband is the prosecutor in this case.
JOHN FIELDER . I am the prosecutor—I am a journeyman farrier, but am out of employ at present I was married to the prisoner in Trinity-church, Marylebone, on the 5th of April, 1836—I had been acquainted with her for two or three months—she was servant to Mr. Gardener, who my parents have succeeded—I had no money with her—she passed as a widow with one child—I discovered she was married, six weeks after our marriage, and left her—I was not injured much—she has not applied to me for relief, nor have the parish—I have lost no money by her.
Cross-examincd. Q. You rather got a little by her? A. No—I got a small donation—I did not continue to live with her, after I discovered that she was married—she was my mother's servant at the time I married her—a Mrs. Barton, an aunt of her husband's, was in the habit of visiting her at my mother's—she did not say, when I spoke to her about marriage, that she must consult her husband's aunt first—Mrs. Barton knew she was going to he married—the prisoner said she had heard her husband had been dead more than two or three years, but, as a matter of prudence, the should consult her aunt—I have received money from her since I hare discovered she was married—I have not been constantly writing to her for money, nor threatened to prosecute, if she did not give me some—I have not received money twenty times since I left her—it may be fifteen—my object in prosecuting is not to get money—I am not paying my addresses to a young woman—I may have said that I was—Mr. and Mrs. Barton, the aunt and uncle of her former husband, were present at our marriage.
GUILTY . Aged 34.—Strongly recommended to mercy. Confined Seven Days.
NEW COURT.—Friday, April 7th, 1837.
Second Jury, before Mr. Common Sergeant.
MR. ELLIS conducted the Prosecution.
JAMES CLARK . I keep the Three Tuns public-house, Oxford-street. On the 17th of March the prisoner came for three-halfpennyworth of gin, and gave me a shilling—I bent it in my mouth, and said, "This is a bad hilling"—he said, "I must have but a pennyworth," and drank part of it—I marked the shilling, and returned it to him.
SARAH SIMS . I am a widow, and live in Old Compton-street. On the 7th of March the prisoner came and asked for half a pint of beer—he drank part of it, and gave me a bad shilling—I had put down the change before I saw it was bad—I said, "How many more have you got?"—We came in, and said, "Don't give it him again"—I kept it, and marked it.
Prisoner. Q. Did not the man take it out of your hand? Witness. No.
prisoner about five o'clock in the afternoon—I watched him to Mr. Clarke's in Oxford-street, and saw him come out—I watched him down the street—he went into Mrs. Sims's.
RICHARD PEARCE . I live in Charlotte-street. On the 17th of March I saw the prisoner with a woman in Russell-street, about four o'clock in the afternoon—I followed him to Mrs. Sims's—she was holding up a shilling, and said, "How many more of these have you got?"—the shilling was marked by Mrs. Sims—I have had it ever since—I accompanied the pri soner to the station-house, and found ten more counterfeit shillings, in a piece of cloth, tied round his person.
GUILTY .* Aged 32.— Confined Two Years.
THOMAS NELSON . I keep the Noah's Ark beer shop, Curtain-road. On the 6th of March, about eight o'clock in the evening, the prisoner Taylor came for half a pint of beer—my wife served her—she offered sixpence—it was put into my hand, and I perceived it was bad—she paid for it with a penny she had in her hand, and went out—I followed her into the Curtain-road—about fifty yards from my house I taw the male prisoner cross over and join her—she put her hand to his hand and seemed to give him something—I followed them to Shoreditch—the man went to an eating-house, bought some pudding, came out, and gave her part—they eat it, and went on to Norton Falgate, and stopped at the door of a public house—he then put his hand to her hand, and seemed to give her something—she went into the house—he walked on—I went into the house and saw the female prisoner at the counter, and a six pence on it which the bar-maid was taking up—I told her to look at it, which she did—it was bad—I told them to secure Taylor—I went out, and saw Aaron standing by the new theatre—I seized him by the collar and said, "You scoundrel, I have got you"—he put his hand to something and threw a white parcel over the pales—he got his arm out of his coat, and he had no shirt on—he tried to get the other arm out, I let go his coat and seized him till assistance came.
CATHARINE BREDEN . I am barmaid at the King and Queen. About half-past eight o'clock the female prisoner came and called for a small glass of peppermint—she threw down a sixpence—Nelson came in and told me to look at it, he thought it was bad—I saw it was bad, and put it on the counter—it was taken up by Wrensted.
THOMAS SPURGEON . I am a policeman. On the 6th of March I was on duty in Shoreditch about half-past eight o'clock—I saw a great many persons round the King and Queen—I went in and received this sixpence—I took the female prisoner to the station—the other prisoner had been taken—I found a bad sixpence in his right-hand trowsers pocket, and twelve halfpence, and a key, and candle.
WILLIAM FARRELL . I am a private watchman at the new theatre in Norton Falgate. A little before nine o'clock in the evening I saw Thomas Nelson come and lay hold of Aaron's collar—I assisted in securing him—
I looked inside the rails of the theatre, where I saw him throw this little I white parcel—I picked it up—it was a bit of tissue paper with nine sixpences in it—I gave it to the policeman.
PETER DIXON (police-constable G 222.) I was on duty in Shoreditch on the 6th of March, near the theatre—I found Farrell and Aaron there—I got these nine sixpences from Farrell—they were loose, out of the paper, and all bright—I found the paper afterwards in the same place where he took them up—the key was given me by a brother constable—Aaron acknowledged to me that he had been living with this woman for the last three years, but she was not his wife—I took the key, and went to a lodging to which he directed me—the key opened the door—I found there a bag of plaster of Paris, a file, and spoon, and some pieces of plaster of Paris moulds.
Taylor. I deny those things being at my place. Witness. I found them in a cupboard which was open, hid under about a peck of ashes—the spoons were on the shelf.
WILLIAM PARRIS . I am landlord of the house No. 12, Rose-lane, and am a marine store dealer. The prisoners occupied a room in my house—I saw the policeman come there on the 6th of March—I was present when he found these articles—the prisoners had lived there nearly eight months.
MR. FIELD. I have examined these eleven sixpences—they are all counterfeit and cast in the same mould—I have examined what was found at the prisoners' lodgings—they are such things as are applicable to the purpose of casting coin—the file, and the spoon, and plaster of Paris—these are parts of moulds, but there is no impression of any money on them.
TAYLOR— GUILTY . Aged 18.— Confined Six Months.
AARON— GUILTY . Aged 20.— Confined One Year.
WILLIAM EDWARDS . I am a hair-dresser, and live in Westminster. The prisoner came to my house on the 12th of March for a pot of circaslian cream, which was 1s.—he offered me a crown piece—I gave him change, and he went out—I put the crown into my waistcoat pocket—I had no other money there—in about two minutes I looked at it and found it bad—I marked it, and went out for a policeman—I gave it him.
Prisoner. I was never near the shop all that day. Witness. I can swear to his person—he was dressed as he is now, and had a yellow silk handkerchief round his mouth.
AMELIA PONSFORD . I am bar-maid at the Suttling-house, at tat Hone Guards. On the 14th of March the prisoner came for change for a crown-piece—he did not buy any thing—I gave it to Mr. Gregor—he give it to me again, and went for a policeman—when he came, it was given to the constable—I am sure the prisoner is the man—it was marked.
Prisoner. After she gave it the policeman it was handed back to Mr. M'Grcgor, and then he took it into a parlour by himself—it was out of her light. Witness. No, it was not.
BRICE M'GREGOR . I was standing by the side of the bar when the prisoner came on the 17th—the bar-maid said to me, "Look at this crown, is it a bad one?"—it was a bad one—I gave it her, and fetched a policeman, and gave it to him—it was in my possession till I marked it—I never quitted the presence of the policeman—it was never from the bar—the policeman and one or two more looked at it previously to my marking it—it was not at all out of my sight.
JOHN PASSMORE MUMFORD (police-constable A 35.) I was called and received the prisoner—I got this crown from Ponsford—I have kept it ever since—I am sure it is the same as I got from her—it is marked with an R.
MR. FIELD. These are both counterfeit, but I cannot say they are from the same mould.
Prisoner. I know nothing at all of the first—the second I had, but did not know it was bad—I was coming along by a gateway and I picked it up, and wrapped it in a piece of paper.
GUILTY . Aged 19.— Confined Six Months.
RICHARD COTTON . I am cashier to Mr. Mallett, a linen-draper in Shoreditch. On Friday night, the 3rd of March, the female prisoner came in at a quarter before seven o'clock for a yard of print, which was 9 1/2 d. a yard—Mr. Pell served her—she offered a half-crown—it had not been out of my sight before I took possession of it—I took it from off the counter—I thought it was bad, and marked it with a pair of scissors, and put it into my desk—I gave her change, and followed her—she turned to the right hand, and there she met the male prisoner, and they both went off together in company—I had no opportunity of seeing what she did before she joined him—my master took the half-crown from the desk.
JAMES COCKLIN . I am a shoemaker, and live in Perry's-court, Hack ney-road. On the 4th of March, I saw the prisoners in Shoreditcb, about a quarter past eight o'clock, standing between thirty and forty yards from Mr. Mallett's shop, talking together—I went as far as Shoreditch church, and returned in about a quarter of an hour, and saw them in the same place.
WILLIAM PELL . I was shopman to Mr. Mallett. On the 3rd of March I served the female prisoner with some print, which was 9 1/2 d. a yard—she gave me half-a-crown—the cashier took it—on the Saturday, she came into the shop again, about a quarter past nine o'clock, and purchased two yards of ribbon—it came to 6d. and a cap which was a 1d., which made 7d.—she offered a half-crown in payment—I saw it was bad—I kept it in my. possession, and gave it to the constable—it was not out of my possession before he came—I marked it.
SEPTIMUS HERBERT . I am shopman to Mr. Mallett—the shop is large—on Saturday evening, the 4th of March, the male prisoner came into the shop about nine, or a quarter past nine o'clock—he desired me to show him some cotton handkerchiefs—he selected one, and threw down a half-crown—I examined it, and found it bad—I bent and marked it—Richardson was in the shop at the same time—I detained Jones for a minute or so till she had paid for what she had purchased—at this time both the prisoners were taken, and I gave the half-crown to the constable.
JOHN SMALLPAGE MALLETT continued. The two prisoners came in on Sa turday evening—Richardson came in first, and Jones in about five minutes—I saw him tender a bad half-crown to Herbert—I detained him—Richardson on the other side tendered another—they were taken into custody together.
GEORGE GREEN (police-constable H 139.) I was called into the shop, and received this half-crown from Herbert—I had seen the prisoners before, about half-past eight o'clock, in company together in Shoreditch; and also about half-past four o'clock—I charged Jones with being in company with the woman—he said he had not—I have seen them together in the street repeatedly.
MR. FIELD. These are all counterfeit—the two last are cast in the same mould.
Jones's Defence. I never was in the shop before—they say I went in three times with the female prisoner, but I did not—I gave the half-crown—but I did not know it was bad.
Richardson's Defence, I met my sister, who is married, and my mother allowed me this half-crown to buy me clothes—I gave him the half-crown.
JONES— GUILTY .— Confined One Year.
RICHARDSON— GUILTY .— Confined Six Months.
EDWARD HOEY, JUN . I am the son of Edward Hoey, who keeps the Anchor and Crown, King-street, Westminster. On Saturday evening, the 4th of March, the prisoner came, with another man for a pint of porter—he offered a bad shilling—I saw it was bad, and charged him with it—he wanted me to give it back—I refused—I told him if he did not give me another, I would fetch a policeman—he then paid me another shilling for the beer, and went away—I marked the Sad one, and laid it up—I gave it the officer.
Prisoner. Q. Can you swear it was me? Witness. Yes—it was about ton o'clock—the other man drank with him out of the same pot.
ABRAHAM CHARLES ALLEN . I am errand-boy to Henry Lucas, a con fectioner in Bridge-street, Westminster. On the 2nd of March the prisoner bought two buns at a penny each—I gave them to him, and he gave me a bad shilling—I told him it was bad—he said he would give me another—I went to call one of the men up to see if it was bad—he said, "Yes"—the prisoner said nothing about having it back—the policeman came, and I gave him the shilling.
ROBERT WARDLOW (police-constable L 101.) I had occasion to go into the shop to purchase something, and saw the prisoner standing at the counter—he looked round at me—I said, "You have got a bad shilling there, have you not?"—he said, "Yes"—I said, "Let me look at it"—he said, "Oh, here is a good one"—I said, "Never mind, I will keep the bad one"—I took him to the station, but found nothing on him—he was then discharged and apprehended afterwards.
MR. FIELD. These are both counterfeit, and from the same mould.
Prisoner. I did not know the shilling was bad.
GUILTY .* Aged 22. Confined One Year.
Islington. On the 7th of March, about eight o'clock in the evening, the prisoner came for a mutton-chop—it came to fourpence—he gave a half-crown—I gave him change—he left the shop immediately—I looked and saw it was bad—I looked out, and he was running as fast as he could—I put the half-crown into the drawer, in a corner by itself—I am positive the prisoner is the person—I have not the least doubt of it.
WILLIAM GOODMAN . I deal in beer, and live in Cross-street, Islington On Friday the 10th of March, between twelve and one o'clock in the day the prisoner came to my house for half a pint of beer—that was a penny—he offered half a crown—I saw it was bad—I went round the counter, and took him, and gave him into custody—I asked where he took it—he said he did not know, he took it last evening—I marked it.
Prisoner. I found a penny afterwards, I did not know I had it. Witness. He never offered me a penny—the half-crown was never out of my hand.
MR. FIELD. These arc both counterfeit, and cast in the same mould, I believe.
GUILTY . Aged 20.— Confined One Year.
JOACHIN DE PRATIZ . I belong to the medical profession, and live in London-street, Fitzroy-square. On the 16th of February, between ten and twelve o'clock, the prisoner came into the shop, and asked for two penny worth of Jubes—I conversed with him a little on the nature of his disease—he gave me a half-crown—I returned him 2s. 4d.—as soon as he went away, I looked at the half-crown, and found it was base coin—I wrapped it in paper, and put it away to see if he would come again, or if I should see him in the street—on the 22nd of March, he came and asked for a penny worth of poppy-heads—I said, "There is none in the shop"—he said, "You have some Epsom-salts, give me a penny worth"—I gave it him—he put down a shilling—I looked at it, and saw it was bad—I said, "My boy, you are here again with a bad shilling"—as soon as I said that, he bolted off—I pursued, crying "Stop thief"—and he was taken—I gave the money to the policeman.
Prisoner. The policeman marked the half-crown himself on the night he gave him the shilling—I did not give him the half-crown at all—I was at work that day.
JOHN LEGGATT (police-sergeant E 4.) I heard the cry of "Stop thief "—I took the prisoner back to the shop, and got a shilling and half-a-crown, which the prosecutor said he had taken from him on the 16th.
MR. FIELD. These are both counterfeit.
Prisoner. The policeman told me that the half-crown was uttered at nine o'clock at night, then he said that it was given at ten or eleven o'clock in the morning, but I never was in the shop—he got hold of my collar, and called me a vagabond, and I got away as fast as I could—a young man at Clerkenwell told me that he gave him the half-crown.
GUILTY .† Aged 19.— Confined One Year.
WILLIAM DOWDEN . I am a carter and live at Hounslow. On the morning of the 25th of February I was in Covent-garden market—the prisoner came and asked the price of a bundle of brocoli—it came to 4d.—she gave me a sixpence—I bit it in two and gave one piece to my son-in-law—I do not know what became of the other—I afterwards went to the station-house and saw the prisoner.
THOMAS RICHARD WIGGANS . I am twelve years old. I was in Covent-garden market, and saw the prisoner give my father a sixpence—he bit it in two and threw it down—she picked up one piece, I picked up the other—she said she would take it to the person who gave it to her—I gave the half to Mr. Stace—I am sure it was part of what she gave my father-in-law.
JAMES STACE . I am a constable. I was in the market, and saw the prisoner—I watched her and took her into custody—I asked what she had got in her hand—she admitted having a bad sixpence—this is it—I got this half sixpence from Wiggans—there was nothing on her.
MR. FIELD. This sixpence is counterfeit, and this piece is part of a counterfeit sixpence, and I believe they were cast in the same mould.
Prisoner. I took them in selling my own goods.
GUILTY . Aged 61.— Confined One Year.
ANN DUFF . I am the wife of Mr. Duff, who keeps the Eagle tavern, Camden Town. On the 27th of February, Donovan came for half a pint of porter—my little girl served him—he paid her sixpence—she put it into my hand—I saw it was bad, and asked why he brought such a bad six pence—he said he did not know it was bad, and asked me to let him look at it again—I marked it with my teeth, and gave it him back—about this time I saw Cooke, and in consequence of what I said to him, he went to watch the prisoner.
ANN BROOKS . I keep the Fortune of War, Kings'-road, Camden-town, a short distance from the Eagle tavern. On the 27th of February a man came to my bar for half a pint of porter—I could not swear to the male prisoner, but he was dressed like him—he put down a sixpence—I rubbed it and found it was bad—I marked it a little with my teeth, and said "This is a bad one, you must know it"—he took it up, left the porter, and went out—about this time Cooke came in—I knew Cooke, as I had seen him about the neighbourhood before.
ELIZA LIPSCOMBE . I am niece to William Norcutt, a tobacconist in the King-road, St. Pancras. On the 27th of February Donovan came and wanted half-an-ounce of tobacco—I weighed it—he put a shilling on the counter—I found it was bad—I gave it to my aunt—she looked at it—about this time Cooke came into the shop—my aunt was looking at it, and held it in her hand for Cooke to look at, and the prisoner took it from her hand—Cooke seized him.
JOHN COOKE . I am a carpenter, and live at Camden Town. I happened to be near the Eagle tavern—I saw Donovan go in and come out—Mrs. Duff spoke to me—I followed Donovan to Prebend-street—I saw the other prisoner in that street, and Collinder, who was with me, watched them over the canal bridge—something passed between them—the woman seemed to offer her hand to the man, with something in it—I saw the man turn bad and go into the Fortune of War—I saw him come out—I remained
outside—the woman walked on slowly about a hundred yards from the public-house—when the man came out he overtook her—they were then together again—I went in to see Mrs. Brooks, and then went to the station for the constable—Collinder was watching the woman—I had some communication with him that induced me to go to Mr. Norcutt's shop, and Donovan was there—Lipscombe was looking at the shilling—I said the man had been to one or two places offering bad money, and I asked her to let me look at it—he turned and snatched it from her hand—I asked him for it—he said, indeed he would not let me have it—he then turned round and put his hand to his mouth, as if to wipe his mouth—I gave him in charge, and saw him searched—there was no shilling found on him, only one halfpenny.
GEORGE COLLINDER . I live in Kentish Town. I was with Cooke outside the Eagle—I saw the prisoners together in Prebend-street—I saw them exchange something from one to another, about thirty or forty yank from the Fortune of War—it seemed that each handed something to the other—I believe the man went into the Fortune of War—I saw him coming towards it, but I went to the back of the house, to see whether he tamed up Pratt-street—I went into the Fortune of War, and went after the pri soners—I saw them in company together about three or four yards past Target Cottage, which is Mr. Norcutt's—the man turned back again—I then went into the shop, and communicated with Cooke—I afterwards saw the police-constable take the woman.
WILLIAM SIMMONS (police-constable S 97.) Flannagan was pointed out to me by Collinder, and I took her—she denied having passed any money, and she said she knew nothing at all about the man—she denied having been in company with him, and she said she was going to St. Pancras work-house to see some friend—she delivered up nine good shillings, three good sixpences, one counterfeit sixpence, and 9d. in copper—she was asked if she had any more—she said she had not—I then got a woman to search her.
SARAH WILSON . I was called in to search Flannagan at the station, about three o'clock—I asked if she had any thing about her—she said, "Nothing"—I began to undress her—she resisted very much indeed, and pot her hand into her pocket—I said, "Let me see what you have got there—she seized my arm when I attempted to put my hand into her pocket—I was forced to call a constable—I found these four bad sixpences in a corner of her pocket, in a little partition, quite at the bottom, so that they should not make the least noise—she called me an old smasher.
JESSE SHOPLAND (police-constable S 44.) Donovan was given into my custody by Cooke, who said he had got a shilling on him, or had swal lowed it—I searched him, and found one good halfpenny—I asked what he had done with the shilling, and he said, "Search me"—this good sixpence was in Flannagan's pocket.
MR. FIELD. These are all counterfeit—four are cast in the same mould—the other is so bent I cannot tell—the last one put in is of the same mould as three of the others—the bent one is one of the four found in the woman's pocket.
Flannagan. I changed half a sovereign in the street for a bunch of greens, and I had some in my pocket on Monday morning—and I went to Drury-lane, and pawned something for 6s. 6d.—I had got it all in my pocket.
FLANNAGAN— GUILTY . Aged 59.— Confined One Year.
DONOVAN— NOT GUILTY .
CHARLES OTWAY (police-sergeant N 7.) I was in a public-house, at Whitehall, at five o'clock on the 1st of April—I followed the prisoner and two others into the house—the prisoner called for a pint of porter—I saw him lay a shilling upon the ledge of the counter with his thumb and finger—I went by the side of him, and called for a glass of ale myself—I had my plain coat on, but police trowsers—he looked round, and looked down—he did not pay the shilling—he put it out of his right hand into hit left, and took a penny out of his pocket—he said to one of his companions, "I only have a penny"—one of his companions immediately lent him a penny more—he paid for the porter with the two pennies—I then took hold of him, and asked what he had in his hand—he said, "Nothing"—I took hold of his hand, and found this shilling in his left hand—he had it clenched, and I was obliged to open it—I asked him where he got it—he said his mother gave it him—and between the crown and cover of his hat, which was covered with oil-skin, were these two shillings wrapped up in the thumb of a glove—these are the three shillings.
MR. FIELD. These shillings are all counterfeit, and from the same mould.
Prisoner. I had no food all day, two men came up and took my hat down, and were playing with it, and they asked me if I would pass the bad shilling for some food—I do not know how the two shillings came into my hat, without the two men placed them there.
(The prisoner received a good character.)
GUILTY . Aged 17.—Recommended to mercy by the Jury. Confined Three Months.
1038. FREDERICK ALEXANDER CANDLER was indicted for stealing, on the 21st of March, 136 yards of linen cloth, value 5l. 10s.; 63 towels, value 3l. 14s.; 19 table-cloths, value 11l.; 10 knife-cloths, value 2s.; 6 stocks, value 19s.; 37 sheets, value 7l.; 72 yards of cotton cloth, value 2l. 8s.; 6 Doylis, value 4s.; 20 glass-cloths, value 15s.;13 pillowcases, value 1l. 6s.; 8 yards of calico, value 5s.; 6 dusters, value 4s.; 24 collars, value 1l.; 10 handkerchiefs, value 1l. 10s.; 1 shawl, value 6s.; 5 toilet-covers, value 12s.; 1 table-cover, value 10s.; 2 pairs of stockings, value 8s.; and 1 night-cap, value 4s.; the goods of John Scales Christian, his master; to which he pleaded.
GUILTY . Aged 22.— Confined Two Years.
1039. MARIE SMITH, alias Caroline Bernard , was indicted for stealing, on the 22nd of December, at St. James, Westminster, 2 brooches, value 6l.; and 2 buckles, value, 1l.,; the goods of William Saul Else, in his dwelling-house; and that she had been before convicted of felony.
WILLIAM SAUL ELSE . I live in Burlington-arcade, in the parish of St. James, Westminster—it is my dwelling-house—my house adjoins the shop—it is all one house—about the 22nd of December, the prisoner came to my shop and asked to look at some brooches—I have no doubt it was the prisoner—I remember her face quite well—it was in the afternoon—I do not remember the exact hour—I showed her a great variety of brooches, and afterwards some buckles—after she had examined the brooches she said there was none that would suit her—she required two alike—I had none according to the description she wished, and promised to get her some—she desired me to do so, and to send them, giving me the address of Mrs. Brownbrig, or Brownbrig, No. 1, Clarence-terrace, Regent's-park—I sent the brooches there that evening—there was no such person there—they were
brought back by my son—I did not miss any articles immediately—I do not recollect that I had seen the prisoner before, or since that, at my shop—only my son and me serve—on the 18th of March I heard something, and went to Vine-street police-station—I saw two brooches there which are my property, and two buckles which I have every reason to believe are mine but I cannot positively swear to them—the value of the brooches is 6l.—they cost me that—they are separate—I am sure I never sold either of then—I cannot tell when they left my shop.
ARTHUR THOMAS ELSE . I took some brooches from my father's, on the 22nd, to Mrs. Brownrigg, of Cornwall-terrace, Regent's-park. I forget the number—I am not certain that I went to Corn wall-terrace, but I am certain I went to the address the prisoner gave my father—I was not then when she gave the address—I went where my father told me.
JOHN JARVIS (police-sergeant C 13.) I went to No. 32, Great Portland-street, on Monday, the 20th of March, and found these brooches there, in a small box, on a table in the second floor front room. I brought them to the station, and they were identified by the prosecutor—I did not see the prisoner there—I saw a servant and a child.
Prisoner, I never left any thing on the table. I had a great many brooches—even in the station-house they took some brooches that were given to me ten years ago, and they swore to them.
ELIZABETH MURTON . I live at No. 62, Great Portland-street. The prisoner had my second floor—she took it on the 19th of November, and continued there five months—she was there up to the 20th of March—she if married, to the best of my knowledge—her husband was not living with her—no one had access to this room but her servant.
(The prisoner put in a written paper, slating that if she had been in her senses, she should not have been in her present situation, and imploring mercy, but did not account for the property.)
GUILTY . Aged 32.— Transported for Life.
MR. JONES conducted the Prosecution.
JOSEPH GOULDING . In April, 1834, I had a house in the boot and shoe trade, in Church-row, St. Pancras. The prisoner was in my service, and is now my apprentice—he came to me in April 1831—in April 1834 I was confined for debt, and my wife carried on the business—the prisoner never accounted to me for 3l. 9s. 6d., as received from Mrs. Priddle.
Cross-examined by MR. DOANE. Q. How long were you in Whitecross-street? A. From the 20th of February to the 3rd of May—the prisoner had then been about three years in my employ—there was never any cause of complaint suggested by him against me, that I am aware of—never any thing like a warrant taken out—my wife told me his father had taken one out for ill treatment, and she had to go to Marylebonc Office—a question referring to my wife is not referring to me—I have been up at the policeoffice
about him—I made a complaint against him—there was no complaint against me then, nor at any subsequent time—he was sent for two months to the House of Correction for running away from me.
MR. JONES. Q. Were you ever in custody on any warrant? A. No—the prisoner was a parish apprentice—I received 2l. 10s. with him—I was to receive the same sum the day after he ran away—he took hit indentures with him—he broke open a box to get them.
HENRIETTA GOULDING . On the 11th of April, I sent the prisoner with twenty-four pairs of boots, to deliver to Mrs. Priddle—they were 3s. 6d. a pair—he was to receive the money—I told him to return home at quickly as possible, and pay it to me—I authorised him to receive the money for them—he did not bring it—I called on Mrs. Priddle next morning, but I never saw him again till he was in custody.
Cross-examined. Q. Had you been in the habit of sending him out with goods? A. Yes—he was in the habit of receiving money.
MARTHA PRIDDLE . In April, 1834, I ordered some boots of Mrs. Goulding—the prisoner brought twenty pain—I paid him 3l. 9s. 6d.—the next day Mrs. Goulding came to me—I showed her the boots—I did not take any receipt from the prisoner.
Cross-examined. Q. You are in business? A. Yes—we do not put down any thing of this sort—the money was paid over the counter—I paid him 3l. 9s. 6d.
EDWARD M'DOWALL . I am a policeman. I took the prisoner on the 9th of March—he came into Hatton-garden-yard, and said, "I am not guilty of the felony, but I had the money from Mrs. Priddle for the boots and shoes, and I spent it, thinking I should be able to get it back"—he had been before the Magistrate when he said that.
GUILTY . Aged 21.
1041. JOHN DRAKE was again indicted for stealing, on the 11th of April, 5 pairs of half-boots, value 16s.; 13 pairs of slippers, value 26s.; and 3 pairs of shoes, value 5s.; the goods of Joseph Goulding.
HENRIETTA GOULDING . I delivered to him, in April 1834, five pairs of half-boots, thirteen pairs of ladies' shoes, and three pairs of children's, to take to Mrs. Priddle for inspection, and if and did not approve of them, to bring them back—I did not see him afterwards.
Cross-examined by MR. DOANE. Q. Did you give him these to take to Mrs. Priddle? A. Yes, with the twenty-four pairs of boots.
MARTHA PRIDDLE . The prisoner did not deliver to me the four pairs of half-boots, the thirteen pairs of ladies' slippers, and the three pairs of childrens shoes—the shoes had not been ordered by me, only the boots—he showed me some shoes, but I immediately declined taking them—he put them into his basket and took them away.
(The prisoner received a good character.)
GUILTY . Aged 21.— Confined Six Month.
JAMES ROBERTS . I live in Farringdon-street, and am in the employ of Thomas Reed and his partner. On the 28th of March, the prisoner came for a common calico, about 3 1/2 d. or 4d. a yard—she asked me to cut her off a yard—in the mean time I perceived her putting something under her clothes, that she had taken off the counter—I rolled up the calico—she was going to receive her halfpence, and I told her to give up
that which she had got under her clothes—she threw this merino on the ground, and ran out immediately—this is it—I had not sold it her—I picked it up, and immediately ran after her—I overtook her just as she was going into Field-lane, and brought her back—she begged me to forgive her.
Prisoner's Defence. My mother sent me out to gut a yard of calico—I was coming out—I do not know but I might knock the merino down, but I had not got it Witness. She had got nearly out when she threw it down, and ran out, and left her calico and halfpence—it was about half a yard from the counter—I saw her throw it down plainly.
GUILTY . Aged 14.— Transported for Fourteen Years.
PETER ELISHA . I am a straw salesman, and live in Bennetts-place, Bethnal-green. On the 14th of March I was standing at the end of Tottenham-court-road—the prisoner came to me, and I went with her a very little way, not many yards, and sat down in a chair in a room clow by where we walked—I was not there one minute before her hand was in my pocket, and she took the money out—I said (not judging that she had robbed me, but that she was about to rob me) I would leave the house—the said, "No, I did not intend to do it"—I said, "I will leave the home"—I was going out—she was near me—I charged her with it again, and the policeman heard me—he said, "If her hand was in your pocket you are robbed"—I felt, and missed the money—I had 22l. 10s.—I know what I took out, and I know what I had received—this was between eleven and twelve o'clock at night—I had been drinking—I was sober enough to know that I had got the money—I swear I went into the house with 22l. in my pocket—when the policeman said I had lost something, 1 judged I had lost between 5l. and 6l.—I had 15l. or 16l., or something of that left—I am satisfied I lost 6l. 10s. in gold—when the policeman came into the house he said to the prisoner "You have got some money I have no doubt, let me have it"—she said she had not—he gave her a twist, and she dropped the money, 6l. 11s.
JOHN JONES (police-constable S 77.) I heard the prosecutor and the prisoner talking about half-past twelve o'clock, within twenty yards of a brothel—I heard him say, "I know you had your hand in my pocket"—she said, "It is cruel of you to think so"—I said, "Sir, you are robbed"—he said, "No, I think I was too quick for her"—I said "See," and he said, "My gold don't feel so heavy as it was"—I took her two hands, and took her into the room, and these five sovereigns, three half-sovereigns, and one shilling fell from her, wrapped up in her glove.
GUILTY .* Aged 25— Transported for Seven Years.
Fifth Jury, before Mr. Sergeant Arabin.
1044. WILLIAM GREEN was indicted for stealing on the 1st of March, 18 knives, value 10s.; 18 forks, value 10s.; 3 sheets, value 15s.; 2 saws, value 4s.; 1 bonnet, value 1l. 10s.; 2 frocks, value 5s.; 18 napkins, value 1l.; 8 bed-gowns, value 10s.; 2 petticoats, value 2s.; 6 caps, value 12s.; 1 shirt, value 18d.; 2 gowns, value 8s.; 6 aprons, value 6s.; 2 table-cloths, value 10s.; 6 doyleys, value 8s.; 1 frock, value 7s.; 4 waistcoats, value 8s.; 1 coat, value 4s.; 2 umbrellas, value 10s.; 1 parasol, value 3s.; 1 muff, value 15s.; 1 handkerchief, value 10d.; 2 printed books, value 4s.; 1 hone, value 2s.; and 37 numbers of a book called the Bible, value 5s.; the goods of Robert Hibbs.
MARY ANN HIBBS . I am the wife of Robert Hibbs, a whitesmith—we live in Red Lion-street, Whitechapel—the prisoner came to lodge there on the 4th of February, and staid there till the 3rd of March—he went away of his own accord—I missed all these things before he went, and ac cused him of it—he denied it—I told him, provided he would tell me the truth I would freely forgive him—but he did not—he said he would willingly as sist me to find the rogue, and he ought to be hung.
CATHERINE ELIZA SOHNGE . I live with my husband in Essex-street I have known the prisoner since Christmas—on the 20th of February he brought half a dozen knives and forks to my house—I bought them of him.
JAMES HOWARD (police-constable H 105.) The prosecutrix told me she had lost some goods, and gave me a description of the prisoner—I went to the Two Bells, and took him—I produce these knives and forks, and saw.
Prisoner. I was out of place—her son said that she took in lodgers—her house is nothing but a common brothel—she bad three notorious thieves and two prostitutes living in the same room: and when I went, she said she had been robbed of several things—these things were missing on the Saturday after I went, when I had been there about two nights—I went on Thursday—I am guilty of selling the saw, but nothing else.
GUILTY . Aged 22.— Confined Six Months.
SARAH DENNIS . I am servant to Miss Atkins, a dress-maker, in Regent-street. The prisoner lived there as an errand-boy for two days—we had a lodger of the name of Andrew Jorden—I saw the prisoner with a handkerchief blowing his nose—I asked him to let me look at it—after sometime he did—I told him it was Mr. Jorden's—he said he had bought it, and given 4s. for it—I told my mistress, who I gave it to, and he was taken up—this is it—I did not ask him of whom he bought it.
Cross-examined by MR. DOANE. Q. Was he taken up the same day? A. Yes, he Was using it openly.
ROBERT ASHBY (police-constable D 20.) About two o'clock on the 22nd of March I was called to Regent-street—I went into the back parlour where the prisoner was, and Miss Atkins gave this handkerchief to me, which she said her servant had taken from the prisoner, and the duplicate of the other handkerchief—I asked the prisoner how he came to take these things—he said he did not know, and that he had lived upwards of twelve months in his last situation, and never took any thing.
Cross-examined. Q. Is your master away? A. Yes, in France—he has been there a fortnight—these are India marked handkerchiefs—I know them by the hem—there are no initials on them—I swear to them from their appearance—I have seen other gentlemen have handkerchiefs like them.
NOT GUILTY ,
Fourth Jury, before Mr. Sergeant Arabin.
HENRY RICHMOND . I was near Mr. Moore's shop on the 28th of March, between eleven and twelve o'clock—I saw the prisoner come out from the door in Upper Kingsgate-street, with another young man, with a pair of boots—I saw them tearing some large tickets off the boots, which had the prices of them on—the young man came to the door, and looked out—I made inquiry, and then ran and caught the prisoner in Upper Kingsgate-street, with the boots wrapped up in a silk handkerchief—his companion made his escape.
Cross-examined by MR. DOANE. Q. What was wrapped up in the handkerchief? A. The boots—each of them had one when they came out of the shop—the prisoner had them when I took him about 200 yards off.
Cross-examined. Q. When had you seen them last? A. About five minutes before.
GUILTY . Aged 18.— Confined Six Months.
CHARLES DINGLE . I am shopman to Mr. Bidmead, of Holborn, nearly opposite Mr. Worcester, who keeps a hosier's-shop. I saw the prisoner about half-past nine o'clock in the evening, on the 20th of March, by the window—he put in his hand, and took the trowsers from inside the door—he ran up Hatton-garden—I pursued, and he threw them into a court—I took him—he and another boy with him, who had a stick, began thrashing me—the watchman saw a woman pick them up, and run away with them.
THOMAS COVE . I am in the service of Mr. George Worcester. I missed these trowsers—I had seen them safe not two minutes before—I saw the prisoner looking into the window a few minutes before, and another boy I with him—the trowsers have not been found.
GUILTY . Aged 14.— Confined Three Months.
1048. JAMES BROWN was indicted for stealing, on the 17th of March, 1 watch, value 3l. 5s.; 2 seals, value 14s.; 1 watch-key, value 6d.; and 300 pence; the goods and monies of James Puckston White, his master.
JAMES PUCKSTON WHITE . I keep the Pavior's Arms, in John-street, Horse-ferry-road. The prisoner was my pot-boy for about a month—he absconded on Friday, about one o'clock, before his week expired, and on the Sunday following I missed 25s. worth of halfpence tied up, a silver watch, two gold seals, and a brass key.
a metal key, and 25s.—he said he had pledged the watch in the Waterloo-road, and spent the money—I went to the pawnbroker's, and found it.
(The prisoner received a good character.)
GUILTY . Aged 16.—Recommended to mercy. Confined Six Months.
GEORGE TUCKER . I keep the White Hart, Pennington-street, in Ratcliff-highway. The prisoner used to come and sit in our bar parlour—I had a jacket hanging by the side of the writing-desk, which I used to put on when I went down into the cellar—the prisoner was there on the 19th of March—I missed the jacket that day—I do not know whether it was before he came in, or after he went—this is it—it was all over paint on the sleeves, and they have cleaned it.
Prisoner. He lent me the jacket on the Saturday, about three weeks before. Witness. Yes, I did, and he brought it home—but he knew I would not lend it him again.
Prisoner. I went and asked for the jacket, and he lent it me for three weeks—I went there from time to time, and he never asked me for it.
NOT GUILTY .
WALTER PITMAN . I am a shoemaker, and live in Chiswell-street. On the 25th of March, about a quarter past nine o'clock, I saw the prisoner reach and take some shoes from the side of the door, and walk away—I immediately went out after him—he walked past the window, leisurely, with them—he saw me, and gave a run across the way—he ran up Artillery-court, and tried to throw them over the rails—the policeman who was on the spot came up, and he ran into his arms.
Cross-examined by MR. DOANE. Q. You saw him but for a moment? A. I never lost sight of him—he only came just within-side the shop—I was in the parlour—I am sure he is the same person—I mentioned that before the Magistrate—this is my signature to these depositions—they were read over to me—I was asked if I had any thing to correct—I was not asked if I had any thing to add.
(The prisoner received a good character.)
GUILTY . Aged 20.—Recommended to mercy.— Confined Three Months.
HANNAH BUNN . I live in Little George-street, Hampstead-road. On the 6th of March, the prisoner took half a bed at my house—he said he should occupy it only two or three days in the week, as he had lodgings near the docks, and he should sometimes stop there—he slept at my house on Monday and Tuesday nights, and on Wednesday morning
he walked away, and I never saw any more of him—he gave me 1s.—he slept in the same bed with Beck, and his chest was broken open—I know it was locked—I used to dust it every morning—the prisoner represented himself to be steward of a ship.
BENJAMIN BECK . I am a bootmaker. The prisoner had half my bed—I went out that morning at half-past seven o'clock—I do not know whether my goods were safe then—I saw them safe on Monday the 8th—on Wednesday I came home again about eight o'clock—I then missed the shirts, and coat, and waistcoat—I kept the chest locked—I have not found these things since—several young men lodged there.
NOT GUILTY .
1052. JAMES KERR GALE was again indicted for stealing, on the 14th of March, 1 coat, value 10s.;1 pair of trowsers, value 4s.; 1 handkerchief, value 3s.;1 stock, value 2s.; 1 shirt, value 5s.; 2 half-crowns, and 3 shillings; the goods and monies of James Howard.
FRANCES HAYLOCK . I live in Westborn-street, Pimlico. James Howard has lodged with me eighteen months—the prisoner came, on the 13th of March, and asked if I had a lodging to let—I said I had half a bed—I showed him the, room, and told him it was 2s. a week—he said he was an engraver, and worked in Piccadilly, but his friends lived at Putney, and be wished to get lodgings half way—he came that evening, and on the Tuesday morning James Howard's things were lost—when I went down the door of the prisoner's room was open, and no one answered—I went in, and saw a pair of stockings anda handkerchief on the ground, which I had pot into the shirt the night before—I then found Howard's box was open—I had seen it safe the night before—Howard did not sleep there that night; he was gone out for a week—the prisoner slept alone that night—the door had been shut at seven o'clock, and it was opened in a few minutes—the prisoner was taken on Good Friday—he was knocking at a door in Riding-house-lane—I stopped, and heard him inquire for lodgings—I passed him, and saw the policeman, and told him, and he stopped him—I asked if he knew me—he said, no, he had never seen my face before, and never knew where Pimlico was, and I must mind what I said, as it was a very wrong thing to take a man on a false charge—when we were going to the station-house he asked what I had lost—I said he was the best judge of that—he said he would make the property good sooner than be exposed in the paper.
Prisoner. Q. Was not this a room for every person in the house. Witness. No—there was no one in the house but a woman at the top—the prisoner had the parlour by the side of the door.
THOMAS HAYLOCK . I am the husband of Frances Haylock. On the 13th of March the prisoner came in the evening, about half-past seven o'clock—he knocked at the door—I went answered it—he said, "I believe I have taken lodgings here to-day?"—I asked him in, and gave him the paper—he said he was an engraver, and wanted lodgings about half way to Putney—he conversed nearly an hour—a friend came in, and he took a candle and went to bed—he had been shown the room, and knew the way—I had been in the room at seven o'clock that evening, and saw a box of mine—it stood on Howard's box, and his box was quite secure—on the following morning I went out at half-past six o'clock—the room door
was then closed, and the street door was closed—I saw no more of the prisoner till he was taken, and then he denied all knowledge of me.
Prisoner. Q. Was the door open when I came in the evening?Witness. No, it was not.
JAMES HOWARD . I am a carpenter. I lodged at the witness's for about eighteen months—I was at my brother's at this time—I had left on Monday morning, the 13th—I left my box locked, and all the property in it which is stated—it is quite lost—I have never found it.
ALEXANDER KILGOM . I apprehended the prisoner on the 24th of March—Mrs. Haylock gave him into custody—she charged him with lodging there, and taking things out of this young man's box—he said, "I don't know who you are, and do not know Pimlico"—she said, "You lodged there one night?"—he said, "No, I did not; you should be careful what you are about; it is a very wrong thing to give a person into custody on a false charge"—I found on him five duplicates and a screw-driver—I looked at Howard's box, and the marks tallied exactly with this screw-driver—I found on him a brush—I went to Mrs. Bunns, and the marks fitted the screw-driver there as well.
Prisoner. I had bought the screw-driver at a shop in Piccadilly, after this occurrence took place—I know nothing of the things. Witness. He said he had bought this to make a boot-jack of.
GUILTY . Aged 25.— Transported for Seven Years.
JOHN EATON . I am a policeman. On the 28th of March I was in Broad-street, Bloomsbury—I saw the prisoner and a gentleman walking in the street—the prisoner put his hand into the gentleman's pocket, took this handkerchief out, and ran down Plumtree-street—I ran and took him, and asked him where the handkerchief was—he said he had no handkerchief—I put my hand into his pocket and took out this—the gentleman had gone on—I do not know his name.
Prisoner. I was passing along Broad-street and met a person who was distressed; she asked me to purchase a duplicate of a handkerchief—I did so, and sent a person to get it out—I had the same handkerchief in wear on Sunday and Monday, and part of Tuesday—I went to the same pawnbroker to leave it there, but Mr. Howard, where I took it, being very busy, I was going to another shop, and carried it in my hand as far as Plumtree-street—I then put it into my pocket; and when I had got partly down the street, the policeman came to me and asked where the handkerchief was—I refused to give it to him, as it was my own—he said that he saw me take it from a gentleman's pocket—I have sent for the woman I bought the duplicate of, but she is gone into the country.
GUILTY .* Aged 21.— Confined Six Months.
THOMAS FREDERICK BURDEN . I keep a cheesemonger's-shop, in Red Lion-street, Holborn. I saw the prisoner in the shop, on the 27th of March, a little after nine o'clock—I was in the parlour—I saw him come in, go to the window, and take out a piece of bacon, and go out of the shop with it—I followed him, and brought him back—he had got to the
end of the window—he said he was in distress, and seemed so—and I told him if he had not taken them I would have given them to him.
GUILTY . Aged 49.—Recommended to mercy.— Confined One Month.
WILLIAM NICHOLSON . I am a horse-hair manufacturer. On Sunday morning, the 25th of March, between two and three o'clock, I had come from a friend's house, and met the prisoner at the corner of Fieldgate-street—she was a stranger—she asked if I would go with her—I said "Yes"—we went into Greenfield-street—I paid her 6d.—I had one half-crown and three shillings, and other money in my waistcoat pocket—I did not miss that till I had parted with her about ten minutes—I then went to look for her again—I found her, and charged the policeman with her—I told him she had robbed me of 5s. 6d.—she denied having the money—I was present when a half-crown was found in her mouth—I am sure she denied having it.
ROBERT CAMPPEN . I am a policeman. I saw these parties together—the prosecutor gave the prisoner into custody for robbing him—he got to the station-house, and then he counted his money, and said it was a half-crown and three shillings—I asked the prisoner if she had got any money—she said, "No"—I took 1s. 6d. and 2d. in halfpence out of her hand—she said she never saw him at first, and then said she had seen him—my brother officer took the half-crown—the prosecutor was perfectly sober.
Prisoner. I had 8s. 8d. Witness. She said she had no money—there was 8s. 9d. found altogether.
GUILTY . Aged 30.— Transported for Seven Years.
OLD COURT.—Saturday, April 8th, 1837:
Second Jury, before Mr. Sergeant Arabin.
1056. HENRY BAILEY, JOSEPH BARRETT , and JOHN JACKSON , were indicted for stealing, on the 29th of March, two tame ducks, value 6s., the property of Matthew Davenport Hill, Esquire; and one tame duck, value 3s., the property of George Pearce.
WILLIAM PUTTOCK . I am gardener to Matthew Davenport Hill, Esquire, one of the King's Counsel. Two of these ducks were his, and one belonged to George Pearce, a bricklayer—they were in a pond, at the Vale of Health, Hampstead—between twelve and one o'clock in the day, I saw the three prisoners enticing the ducks out of the pond, by throwing something for them—the ducks came out, and they tried to catch them, but they got in again—I went and told Miell to watch them—I went round, returned, and saw Bailey and Barrett with a duck and drake in their aprons, and Jackson had one in his possession.
JAMES MIELL . I am gardener to Mr. Freshfield. I received inf ormation from Puttock, and went round, and got behind the prisoners—I saw Bailey and Barrett with a duck each in their possession, and Jackson took up a third duck, which belonged to Mr. Hill.
(Property produced and sworn to.)
Bailey's Defence. My mother gave me a holiday to go to Chalk-farm—I met Barrett and Jackson—we walked to Hampstead, and tat down by the aide of the pond—there were nearly twenty ducks in the pond—we chucked bits of clay into the pond, and they dived after it—one piece of clay went on the path, and they came out after it—we saw some men coming, and we ran away, fearing they were going to beat us for chucking at the ducks—they took these ducks out of the pond, and then said we stole them.
WILLIAM PUTTOCK re-examined. They did not let the ducks go till they saw us coming after them—I know them to be the same as they had possession of, as they are all different colours—they were fifteen or sixteen yards from the pond when they put them down—they had tied them up in Barrett's apron.
BAILEY— GUILTY . Aged 15.
BARRETT— GUILTY . Aged 13.
JACKSON— GUILTY . Aged 13.
Whipped and Discharged.
1057. JOHN WRIGHT, alias Stephen Wood , was indicted for stealing, on the 20th of March, 2 heifers, price 16l., the property of Job Keen; 1 cow, price 5l., the property of William Quearey; and 1 heifer, price 3l., the property of William Henry Watkins.
JOB KEEN . I rent a little land at Chigwell, in Essex, on the borders of the forest. I had two heifers safe there at six o'clock on Sunday night, the 20th of March—I heard of their being in Smithfield-market on Monday—I came up on Monday, and found them—the prisoner lives in our neighbourhood.
JOHN MARTIN . I am a bullock salesman. On Monday, the 20th of March, I was in Smithfield-market, and saw the prisoner there driving three heifers and a cow—he asked me to sell them for him—I asked him who they belonged to—he said to his master, Mr. Wright of Laytonstone—he said his master wished me to sell them for what I could, and not to torn them out, as he wanted the money—he came to me soon after, and said he was very ill, and wished me to sell the other one as quick as I could, for he wanted to take the coach, and go home—I had sold three to Mr. Hughes, and the other one I had sold, but not delivered; I gave that to Bates.
WILLIAM HENRY WATKINS . I live at Woodford. I had a great many cows on the forest—the officers showed me one at the Ram Inn, Smithfield, which was mine—the prisoner lives about a mile and a quarter from me—I never authorised him to sell it—there is no Mr. Wright at Laytonstone.
WILLIAM QUEAREY . I live at Chigwell. I saw my cow safe on the forest at half-past six o'clock on Sunday night, the 18th of March—I missed it in the morning, and found it at the Ram Inn yard, Smithfleld, in possession of Bates.
Prisoner. I was drawn into it.
GUILTY . Aged 18,— Transported for Life.
1058. GEORGE SMITH was indicted for feloniously breaking and entering the counting-house of Benjamin Ling, on the 18th of March, with intent to steal, and stealing therein, 1 jacket, value 10s.; 1 cloak, value 8s.; and 1 waistcoat, value 2s.; his goods.
BENJAMIN LINO . I am a ship breaker, and have a counting-house in Fore-street, in the parish of St. Ann, Limehouse. On the 18th of March between one and two o'clock in the day, I saw the prisoner coming out of the wharf, a little way from my counting-house—he had a bundle before him—I went to stop him, but he went round some timber, and threw the bundle away—the officer picked it up—it contained the property stated—the prisoner is quite a stranger—I had not been out of the counting-house ten minutes—I had left it locked, and the key in the door—I found it locked as I left it—he must have opened the door—the things were hung up in the counting-house, not in a bundle—the counting-house door opens on to the wharf.
(Property produced and sworn to.)
Prisoner's Defence. I had been employed to find a boat, which was lost from its moorings—I went to the wharf to inquire if they had seen it, and, on returning, a pile of goods stood in the saw-pit, and there laid a cloak rolled up with the other things in it—I took it up, and was taken into custody.
GUILTY . Aged 62.—Recommended to mercy.— Confined Six Months.
Before Mr. Justice Coleridge.
(MR. BALLANTINE conducted the Prosecution.)
JOHN ELLETT . I am a comb-maker, and live in Union-court, Fashion-street, Spitalfields. I knew the deceased, Elizabeth Mary Oliver, for two, three, or perhaps four months—I know the prisoner also—On Saturday night, the 12th of March, I was at the Catherine-wheel public-house in Essex-street, Whitechapel, as near twelve o'clock as I can say—the prisoner and the deceased were both there—I saw the deceased dancing, and saw her drink some spirits with a man—the prisoner drank some beer—I did not see the deceased leave the public-house—I saw her again, near twelve o'clock, standing outside on the footpath; and about a minute after I saw the prisoner; just at the side of me, making to run—he was one or two yards from her—he put his hand up and gave her a push—I thought it was not with any violence—I thought it was on the back part of her neck—she fell on receiving the push—I went towards Whitechapel, and the prisoner came directly after me—two or three people were round the deceased, picking her up—the prisoner did not say a word when he came up to me, but going along Whitechapel either he or I said, "I think she is hurt with the fall"—she had fallen on her face, and, I thought, more I on her right side than her left—I do not know whether she was drunk or sober—she did not make any struggle—she fell rather heavy on the ground, like people do who are in liquor.
Cross-examined by MR. JONES. Q. You had seen her in the early part of the evening? A. Yes—she did not appear intoxicated then—when I saw her on the pavement she was standing near the curb—I did not see her for half a minute—I think her head was near the pavement when she fell—her feet were in the road—the prisoner did not appear to put up his hand with violence—I have known him six years—he has borne the character of a well-conducted, peaceable man—he was never out of temper with me—I have seen him out of temper, but never offering to fight or any
thing—it was near half-past ten o'clock, when he came into the public-house; lie drank with me—I did not know the deceased's name till after death—she went by the name of Betsy Oliver.
COURT. Q. How early in the evening did you first see her in the house? A. When I first went, about half-past nine o'clock—I do not know whether she went out before twelve o'clock—the dancing and drinking was in the room up stairs—I did not see her in the tap-room—when I first went in, she was walking round the room with a man—she touched me, and I merely nodded.
THOMAS SULLIVAN . I keep a chandler's shop in Essex-street, Whitechapel. On Saturday night, the 9th of March, about half-past twelve o'clock, I saw the deceased, with two or three other women, standing in front of my house, and speaking, but what she said I do not know—I saw the prisoner come across the street and hit her about the neck—I cannot say whether the blow was given with violence, but the fell down—I went tod helped to pick her up—the did not speak at all, and only groaned once—the prisoner and she had some cross words before he struck her, but what they were I did not notice.
Cross-examined. Q. Was she standing still when he struck her? A. Yes—I was four or five feet from them—I heard what they said, but did not take notice of it—I had never seen her before—I cannot exactly say whether she was drunk or sober.
COURT. Q. When you picked her up, did she at all smell of spirits? A. I do not know—I handed her over to another person—their words teemed to be cross—I cannot say whether the prisoner was cross,.
MARY ANN ARNOLD . I am married, and am sister to the deceased. Her Christian names were Elizabeth Mary—I was-called to her on Saturday night, at twenty-five minutes after one o'clock, and found her dead, the bed—I examined her person next day, and observed a terrible large lamp under her right ear, about the size of a pigeon's egg, or a walnut—I never saw the prisoner till he was at the office.
Cross-examined. Q. How long before had you seen her? A. A month or three weeks—she lived at my mother's at the time—she was rather iregular in her habits, and giddy—I bad not been at my mother's for nearly twelve months before.
HENRY COTTON (police-constable H 60.) I was on duty in Essex-street, Whitechapel on the 12th of March, and assisted in picking up the deceased—she did not speak at all—I did not go home with her—she foamed at the mouth a good deal, and made a kind of guggling noise in her throat—I considered that she was in a fit at the moment—she had no appearance of drinking—I had seen her a few minutes before that, standing on the edge of the curb-stone with two women of the town, and two men—I desired them to go away—they moved as if they were going, and I walked on—"he appeared to me then to be sober, but I did not talk to her.
Cross-examined. Q. How long had you known her? A. I knew her by sight between three and four years—she was a girl of the town—I never saw her tipsy but twice to my knowledge—she frequented that public-house nightly.
ROBERT NEAVE I am a policeman. On Sunday morning, the 12th of March, about half-past eleven o'clock, the prisoner came to me at the station-house with two more young men—I asked what he wanted—he said his name was John Neederman—that he was the young man who had
pushed down a girl, named Elizabeth Oliver, on the Saturday night, which unfortunately caused her death—I took him into custody.
THOMAS MEARS . I am a surgeon, and live in Brick-lane. I examined the body of the deceased on the Wednesday following the Saturday—in my opinion her death was caused by an extensive extravasation of blood in the upper portion of the spinal marrow, in the base of the brain—those symptoms might be caused by a blow or fall, or it is possible they might have arisen without violence—when I examined the body it was in a state of decomposition—a general concussion of the body might have caused extravasation, or a blow in any part of the skull might produce it—the body was not in a state to enable me to see whether there was a bruise in that part of the neck—the decomposition would have prevented my seeing it if there was one.
Cross-examined. Q. Might the appearance at the back of the neck be produced by long, irregular, intemperate habits? A. I have said it is possible it might have arisen from other causes—it might certainly have arisen from general habits of intemperance, which might be reckoned a predisposing cause.
MR. BALLANTINE. Q. Do you mean a blow on a party in the habit of intoxication would be more likely to take such an effect? A. I do—it might possibly happen without any violence, and is more likely to happen without violence in a subject of intemperance.
SAMUEL BYLES . I am a surgeon, and live in Union-street. I examined the body of the deceased in company with Mr. Mean—I have heard him explain the immediate cause of death, and agree with him—I conclude the appearances I saw, arose from a blow—such appearances are not usual from natural causes—a case of apoplexy might produce it—a blow on the nape of the neck I suppose would cause such appearances—there was no external marks perceptible on the back of the body—while Mr. Mears was giving his evidence before the Coroner, I was cleaning the body and sowing it up, and I saw a mark on the nose which had escaped our notice, which I suppose was caused by a fall—the body was in a remarkable state of decomposition, considering death had happened so recently—that would probably arise from her course of life.
Cross-examined. Q. Particularly in a person addicted to drinking? A. Yes; I think it probable the appearances might have arisen without any blow at all, but it is not a usual part for extravasation which follow! apoplexy, to be found—drinking very often leads to apoplexy—I think it more probable the extravasation would be on the brain itself, instead of on the spine, if caused by apoplexy—but it is not impossible that might have occurred—I think it improbable.
COURT. Q. Supposing a blow given on the nape of the neck, must it have been violent to produce the extravasation? A. It need not be very violent, but it must have been an unexpected blow—I think a push could not have produced it—if she fell with violence on the front part of her head, it would be usual to find the extravasation on the back of the neck—that is not at all uncommon—my attention was not particularly directed to the ear—I did not notice any thing there.
NOT GUILTY .
Before Mr. Justice Littledale.
1060. JAMES SUTTON was indicted for feloniously being at large in this kingdom, in the parish of St. Matthew, Bethnal-green, before the expiration of the term of his natural life, for which he, having been convicted of felony, had been ordered to be transported.
MR. ADOLPHUS conducted the Prosecution.
JAMES HANLEY . I am an officer. I produce a certificate of the conviction of James Sutton, which I got from Mr. Clark's office, and saw him sign it—(read)—I was a witness against Sutton in April 1824—I believe the prisoner to be the same man—I apprehended him, in company with Brown, another officer—he looks, I think, twenty years older—bat I believe him to be the man.
THOMAS ELLIS . I am a policeman. On Tuesday, the 28th of March, I was in Bethnal-green-road, and saw the prisoner coming by the church, towards the Salmon and Ball public-house—he was by himself, at large and at liberty—a little before I came to him I received information, in consequence of which I came in contact with him against the Salmon and Ball, and asked if he was not an escaped convict?—he replied that he was—I then took him to the station-house—he was intoxicated—he was walking by himself, unsupported by any one—he appeared to know what was said to him, and what his answers were—I have no doubt of that whatever—I did not hold out any promise or threat to him.
ROBERT HARWOOD VALENTINE (police-Inspector K.) I was at Bethnal-green station-house, on Tuesday, the 28th of March, when the prisoner was brought there. I did not make him any promise or threat—I asked him if it was true that he had returned from transportation—he said, "Yes; about fourteeu years ago I committed a burglary, for which I was tried at the Old Bailey, and transported for life; about four years since I effected my escape, by slowing myself away in the hold of a ship, and I have been in England about four months"—I made him no answer, but that the door of the cell, and left him—he was drunk—I have not the least doubt that he knew what I said to him, and what answers he gave—before the Magistrate he admitted the conversation with me, but denied that it was true.
JAMES BROWN . I am a constable of Worship-street. In 1824, I aslisted Hanley in apprehending Sutton—I was present at his trial here—he was convicted of burglary—I have every reason to believe the prisoner it the man—I have not a doubt of it—the more I see of him the more I am convinced he is the man—I have no doubt of him whatever.
Prisoner. He told the Magistrate he could not swear to me. Witness. I said I had no doubt in my mind of him, but seeing him again, I am more confident than I was before—I did not swear positively to him before the Magistrate—I said if there was a doubt I would give it to the prisoner, and I would not swear positively to him.
GUILTY . Aged 34.— Confined Three Months, and then Transported for Life.
Before Mr. Justice Coleridge.
1061. MARY BROPHY was indicted for feloniously breaking and entering the dwelling-house of William Sheath, on the 13th of March, with intent to steal, and stealing therein, 2 pillows, value 7s.; 1 bolster, value 4s.; 1 sheet, value 3s.; and 3 wine glasses, value 2s.; his goods.
WILLIAM SHEATH . I live in Castle-court, Westminster. I occupy the whole house—I have a wife, but no servant—I have one lodger—I went out on the 18th of March, at half-past eleven o'clock, with my wife—I fastened the door, and tied the back parlour window shutter with a string—I tricd the front door as I went out—I returned at a quarter
before two o'clock, before my wife—I found my door wide open, which I had left locked with a latch key—it had been opened with a key—I went into the back yard and found the shutter down, which I had tied up—the string was left there, but it was undone—I saw Mrs. Agar, and in conesquence of what she said I went into the bouse, and the pillow, pillow case, and bolster were gone—I afterwards missed a sheet and three wine glasses—I am sure those things were in the house when I went out—I helped my wife to make the bed just before I went out—the prisoner used to live at No. 14 in the same court, but was never in my house, to my knowledge.
EMMA AGAR . I live in Great Chapel-street, Broadway, Westminster. I can see the back of Mr. Sheath's bouse from mine, quite well—on the 18th of March I saw the prisoner in the back yard of his house, between one and two o'clock, alone—I saw her take the shutter down and get in at the hack parlour window—it was open—in five or ten minutes after, I saw her come out again the same way, with two pillows and a bolster—she put them on the water butt in the yard, and went out at the back door—she went along the passage to the front door, and I did not see her afterwards—she could get to the front door inside—she had something white besides the other things, but I could not see what it was—I was up at my window at the time—I knew her before by sight, and am quite sure of her person—I said nothing to her—she did not use any force at all in getting the shutter down.
WILLIAM SHEATH re-examined. The shutter is outside—we only had a string to fasten it—there was no hasp or bolt—the string was tied to a nail outside—it it only a board put up to keep the wind out—the window was open because the room smoked.
JOHN ROLFS . I am a furniture broker. On the 13th of March, between two and three o'clock in the afternoon, a person (who I think to be the prisoner, but I could not swear to her) brought a bolster and two pillows, and asked if I would buy them—I asked what she wanted for them—she said 6s.—I asked whether they were her own—she said they were—I said, "I don't know you; I will take your name and address"—she walked into the shop, and I took her name and address (reads) "Mrs. Marrabone, 26, Smith's-rents, March 13, 1837, bolster, &c., for 6s."—I gave her two half-crowns and a shilling for it—I consider that is all they were worth—I think the prisoner is the person, but I cannot swear to her—I afterwards gave the articles to M'Carthy.
MALCOLM M'CARTHY (police-constable B 156.) I apprehended the prisoner on Great Ormond-hill, on Monday, the 13th of March, between three and five o'clock—I told her what it was for—she denied all knowledge of it, and said she was quite innocent—I searched her, and found two half-crowns and three shillings on her—I went next day to Mr. Rolfe, and received these articles from him.
(Property produced and sworn to.)
(The prisoner pleaded poverty.)
GUILTY, of stealing only. Aged 25.— Confined Three Months.
Before Mr. Justice Littledale.
1062. JAMES WILSON was indicted for breaking and entering the dwelling-house of Robert Pike, on the 17th of March, with intent to steal, and stealing therein, 1 looking-glass and frame, value 5l., his goods.
at this time—I slept there and my family also on the night of Thursday, the 10th of March, and removed on Friday to another house—I was paying rent for the house in South-street at the time—I had left several articles there, and the glass in question, and left a curtain in the window, that no suspicion should attach that I was moving, or that the house was empty—I left between eleven and twelve o'clock in the day—I locked the back and front parlours, the street door, and garden gate—the back door of the house was bolted inside with either one or two bolts, I am not certain which, and the windows were fastened—I left the glass over the chimneypiece, fastened up in the front parlour, nailed up with two nails—it belonged to me.
Prisoner. Q. Was there not a bill in the window that the house was to let? Witness. Yes—I put it up myself that morning.
EDWARD BEALE . I am a broker in South-place, Lower-road, Islington, which is about 100 or 200 yards from South-street. On Friday the 17th of March, about three o'clock, I was at the bottom of South-street, and saw the prisoner walking up and down the street—he went into the prosecutor's gate, and stood at the door a minute or two—he then opened the door—I cannot say what with, I was not near enough to see—he went in, and shut the door—he remained in the house a few minutes, and then turned out again, pulled the door to, and looked up and down the street—he then went in again for a minute or so, and came out with a chimneyglass on his shoulder—he pulled the door to, and came down the street with the glass on his shoulder—I walked towards him, and met him, and said, "My man, where are you going to take this glass to?"—he replied, "I am going to take it to a street in Hackney-road"—I said, "Where did you bring it from?"—he said, "I brought it from Brooksby-street"—I laid hold of him by the shoulder, and said, "We will go back to Brooksby street with it"—we walked on together till we came to No. 25, South-street—I pushed open the gate, and went up to the door, and said, "Cannot you open that door?"—he said, "No, I cannot"—I said, "I think you can, you have undone it before"—he hesitated a little while, and I said, "You have got a key in your pocket that will undo it, I am certain"—he pulled a key out of his pocket, unlocked the door, and we went in—I did not stay there long—I came out again with him into the street—I turned my head round, and saw the constable at the bottom of the street—I beckoned to him—he came up, and I gave the prisoner in charge—I stopped to fasten the door while the constable took him—I kept the key—we took the prisoner and the glass to Islington station-house.
JOHN PARROCK . I am a constable of Islington. On Friday afternoon, the 17th of March, at three o'clock, I was at the corner of South-street, and Beale beckoned to me—I went up to him at No. 25, and he gave the prisoner into my charge—I took him into the parlour of No. 25, searched him, and found three keys in one of his pockets, and another key in the street door—I said, "How could you think of coming into the house with these false keys?"—he said he did it out of distress, having a sick wife, and two small children, one only six months old—he pointed to the place where he had taken the glass from, over the mantel-shelf—he attempted to make a rescue at the corner of Popham-street—I searched him again at the station-house, and found two large skeleton keys in one pocket, and a turn-screw in another, and three large screws—I took the same glass before the Magistrate, and the prosecutor identified it—I went back to the house with the key I had taken out of the door, and I opened the door
with it again—I went into the parlour, and found a lock on the sideboard, and the keys I found on the prisoner, corresponded with the lock that was in the parlour the glass was taken from.
Prisoner. Q. It was not the parlour door lock, was it? A. No—it belongs to another house.
ROBERT PIKE re-examined. The house, No. 25, is in the parish of Islington—I think it is called St. Mary, Islington. This is my glass—it is worth 4l. 10s. or 5l.—the lock is not mine—I had not left any lock in the parlour—I did not deliver up the keys of the house for two or three days afterward.
Prisoner's Defence. I left home that day to go to Somers Town, and on my return I noticed this house with a bill in the window, stating it was to let—while I was looking at the house, a person came out, and went up the street at a very quick rate—I turned to look at him—I then came up the street, and saw Mr. Beale look at me—I was thinking of telling him the circumstance, but he went into a beer-shop, I think—I turned back again to look at the bill, and observed the door was not quite close, and the gate was swinging backwards and forwards—I pushed the gate, went in, and knocked at the door—nobody answered, and I pushed it a little open to let them know the door was not shut—I then went away, and stood for a few minutes, and nobody coming, I went to the door again, and saw these keys and screw-driver in the passage—I went in, came out, and went up the street, but was induced most unfortunately to turn back again—I throw myself on the mercy of the court—I declare, in the presence of God, I know nothing of the lock or keys—I have a wife and two young children, and beg for mercy on their account.
GUILTY of stealing only. Aged 38.—Recommended to mercy.
Before Mr. Recorder.
SAMUEL ROOKS . I am owner of the house in Grove-street, Hollows. It was unoccupied at this time—I went there, in consequence of information from a police-officer, on the 17th of March, and found the front door open, and the lock off—it had been screwed to the door—this is it (looking at it)—the plate was partly broken off before—it is now quite so—I am certain it is my lock—I have the key which fits it—there were only three screws in the lock—I had put it on a few days before.
JOHN PA BROCK . I am a constable. On Friday afternoon, the 17th of March, I took charge of the prisoner, and searched him in the parlour of the house, No. 25, South-street—I found a lock on the sideboard there, and three screws on the prisoner, with six skeleton keys—I matched the screws with the lock, and they fitted it—the prisoner told me he had taken the glass down from over the mantel-piece of that room, but said be knew nothing about the lock—I took it away with me, and afterwards found Mr. Rooks, who had a key belonging to it.
Prisoner's Defence. I do not deny taking the glass, but I solemnly deny
the lock ever being in the parlour when I went in—the keys and screws were down in the passage, and I picked them up, but I saw nothing whatever of thc lock.
GUILTY . Aged 38.— Transported for Seven Years.
First Jury, before Mr. Recorder.
GEORGE WARD . I live in White Lion-street, Goodman's-fields, and am clerk to George Richard Metzler, of Wardour-street, Westminster. On the 8th of March, I saw a bassoon and clarionet in the shop, at ten o'clock in the morning—there was a broken square of glass in the window, large enough to admit a hand, but I had ordered some music cases to be placed against the hole—I did not mist these articles till the evening—I afterwards saw the clarionet in the possession of Wentworth—it is worth 3l., and the bassoon 2l.—that is the cost price—a person might get them out without breaking the window, but I had had them moved out of reach—they could not be reached by a hand without some instrument being used—they were both missed at the same time—the lowest value of them is 5l.
JOHN WILLIAM HAWKINS . I am a policeman. On the evening of the 8th of March I was on duty in Long-acre, and saw the prisoner coming in a direction from Newport-market—I observed him go to a pawnbroker's shop door, at the corner of Mercer-street—he was carrying part of this bassoon wrapped up in an old handkerchief, and the other two parts were found in his pockets afterwards—I asked him what he had there—he told me a little bassoon—I asked him if it was his own property—he said it was—I asked if he could play it—he said no—I asked where he obtained it—he said he bought it in St. John-street, and afterwards said in Wilderness-row—I said there was no musical instrument maker's there—he said, "No, there is not—I bought it of a man there, and gave 7s., for it"—I not being satisfied, took him to the station-house, and locked him up on suspicion of stealing it.
JOHN WENTWORTH . I am shopman to Robert Barker, a pawnbroker. I produce a clarionet which the prisoner brought to our shop to pledge on the evening of the 8th of March, in the name of John Spencer—I should not think the articles worth 5l.
Prisoner. I throw myself on the mercy of the Court.
GUILTY,* of stealing to the value of 99s. only. Aged 36. Transported for Seven Years.
ELIJAH BATLEY . I am an officer of the Customs, and live in Crownplace, Mile-end-road. I was in the Commercial-road on the afternoon of the 21st of March, and felt a twitch behind me—I turned round, and caught the prisoner about a yard from me, in the act of putting my handkerchief into his trowsers pocket—I secured him.
Prisoner. Two boys took it and I ran up to the gentleman, and tapped him on the shoulder. Witness. He did not—I took it out of his pocket—there was only one person passing at the time, and no boys near him.
but in going to the office he told me he had taken it, and if I would let him go he would never do it again.
Prisoner. It is false—I said I did not do it—it is a thing I was not brought up to—two boys threw it down, I took it up, and said, "Here is your handkerchief"—I only asked him to go to my parents. Witness. He did not, he wished me to go and inform his parents, and When I went to them they disowned him—I did not find them by his directions.
GUILTY .* Aged 18.— Transported for Seven Years.
NEW COURT.—Saturday, April 8th, 1837.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 13.— Confined One Month, and Whipped.
1067. JOHN ROBINSON was indicted for stealing, on the 4th of April, 6lbs. weight of pork, value 3s.; 2 razors, value 13s.; 1 penknife, value 6d.; 1 coat, value 2s.; 1 waistcoat, value 6d.; 1 pair of shoes, value 1s.; 2 two penny pieces; 5 pence, and 4 halfpence; the goods and monies of Joseph Martin; to which he pleaded.
GUILTY .— Transported for Seven Years.
1068. DENNIS HENNIGAN was indicted for stealing, on the 31st of March, 6 pewter pots, value 8s. 6d.; the goods of Thomas Hemingway, and that he had been before convicted of felony; to which he pleaded.
GUILTY . Aged 66.— Confined Six Months.
GUILTY .— Confined Three Months; Three Weeks Solitary.
1070. ELIZA LEYSHON was indicted for stealing, on the 30th of March, 3 table-covers, value 15s.; 2 sheets, value 8s.; 1 pillow-case, value 1s.; 4 handkerchiefs, value 10s.; 1 pair of stockings, value 1s.; 1 pair of drawers, value 1s.; 1 collar, value 1s.; 3 knives, value 1s.; 1 tablecloth, value 8s.; 4 sheets, value 13s.; 2 spoons, value 6s.; and 1 blanket, value 4s.; the goods of David Brandon, her master.
DAVID BRANDON . I am an architect, residing in Southampton-street. In November last, the prisoner came into my service—I had a good character with her for seven years—she staid till March, and then absented herself without warning—those sheets, pillow-case, blankets, table-cloths, covers, and the other articles in the indictment, are mine.
JOHN TICKNER . I am shopman to Young and Luxmore, of St. Martins-lane. I produce a table-cover, a shirt, plated dessert spoons, and other things, which were pawned by the prisoner, between the 14th of December and the 25th of March.
THOMAS POCOCK (police-constable F 38.) I bad the prisoner in custody at the station—she told me she had a box at Somers-town Crescent—I went there, and found in the box twenty-one duplicates—she said she had pledged the things, and intended to rodeem them—I found seventy-five
duplicates in all—twenty-one of them relate to these things, which the prosecutor identifies.
Prisoner. I was out of place for five months, and I did not do this with the least intention of robbing—I was going to redeem them—on the morning I went away my master asked for some of these things, and I had not money to get them—I have a little boy to keep.
GUILTY . Aged 30.— Transported for Seven Years.
WILLIAM BERNARD . I live in Upper North-place, Gray's-inn-road, and am a baker. The prisoner was in my service—on the 22nd March I sent him to Major Mureen's, in Argyle-place, with a £5 note and five sovereigns—his usual time of returning was ten o'clock—he did not return at all—I gave him a purse to put it into, that he might not lose it.
JOHN REEVE . On the 22nd of March, the prisoner came to my house, in King-street, Hammersmith—he asked me for change for a£5 note—he said he had been saving his wages up—I gave him fire five sovereigns, and he bought some things at my shop.
RICHARD HANCOCK (police-sergeant T 10.) I took the prisoner on the evening of the 22nd—I found on him five sovereigns and a half-sovereign, some silver, and a watch, which be bad taken out of pledge that day, also this bag, which is his master's, and these clothes.
Prisoner's Defence, I left my master's in the morning, at half-past eight o'clock, and went to serve my customers—I met some friends, we went and had something to drink, it made me foolish—I did not know what I was about—they pressed me not to go back—I must throw myself on the mercy of the Court—the watch was my own.
GUILTY . Aged 22.— Transported for Seven Years.
(There was another indictment against the prisoner.)
MARGARET AYER . I live in Ratcliff-highway, and keep a coffee-shop. About four o'clock in the morning of the 26th of March, the prisoner came in, and took a loaf, and I said, "You have taken my bread"—she said, "You are asleep"—I said, "Not so much but I saw you take the bread; give it me back;" and she gave it me—she held up her fist at me, and ran out—a little afterwards I missed my cloak off the chair back where she had sat—this is it.
GUILTY . Aged 23.— Confined Three Months; Three Weeks Solitary.
1073. JOHN HODDELL was indicted for stealing, on the 27th of February, 15 sovereigns, 1 sixpence, and 1 £5 Bank-note, the monies and property of Charles Joseph Silver.—2nd COUNT, stating it to be the property of Isaac Wells.
MR. PHILLIPS conducted the Prosecution.
ISAAC WELLS . I am master of the workhouse at Enfield. The prisoner was a pauper there—I was in the habit of sending him to collect monies, and up to this time he had behaved honestly—on the 27th of February I sent him with a note to Mr. Silver—this is a copy of it—(read)—"Sir, Please to send me 20l. 0s. 6d., to pay the pensioners"—he did not return—I saw him on the Thursday after, in custody—I have never received any of the money.
CHARLES JOSEPH SILVER . I am one of the overseers of the poor of Enfield. On the 27th of February the prisoner delivered me a note from Mr. Wells—I gave him a£5 note, fifteen sovereigns, and a sixpence, to take to Mr. Wells—I have sent money by him before.
JOHN MEAD . I am a constable. I apprehended the prisoner at a public-house in York-row—I found on him a£5 note and some money, which I have here—he said he knew what I was come for, but he was tipsy and quite lost at the time—I found this bag on him.
MR. SILVER. This is the note I gave him—I saw the bag in which the note and money were put—I have no doubt this is it (The prisoner put in a written defence, stating that he had been working for the parish for fifteen months without remuneration, which had led to his committing the offence.)
GUILTY . Aged 73.— Confined Three Months.
(There was another indictment against the prisoner.)
Prisoner. A gentleman gave me a penny and the ticket for pawning them.
GUILTY .†— Transported for Seven Years.
MESSRS. DOANE and JERNINGHAM conducted the Prosecution.
WILLIAM STANDARD . I am a watchman, in the employ of Messrs. Green and Wigram. On Sunday, the 12th of March, I was at the Blackwall ship-yard—after I had cried two o'clock, I heard a noise in the mast-house—I went in with my light, and sung out twice, "Who is there?" and got no answer—I then heard a voice on the roof—I came out, and got into the East India Dock-road, and met the prisoner with this lead on his shoulder, and the basket in his hand—I told him he was the person I had been looking for, and that he had been on the mast-buildings—he said, "How do you know but that there was somebody else there?"—I said,
"I don't know, but you was there for one"—he made some resistance, but I took him—there are five partners in our firm—Mr. George Green is one—the prisoner was taken to the station-house—I took the lead and basket into the yard—about a quarter of an hour elapsed between my boring the noise, and finding the lead on him.
Printer. I told him I had picked it up round the wall—he said, "I will transport you if I can—I said, "That man round the wall took it"—he said, "I don't care, I have got it."
THOMAS COBURN . I am in the employ of the East India Dock Company. On the Sunday morning early, in consequence of a noise, I went to where I found the watchman and the prisoner truggling—I left them, while I ran for Mr. Guy—I then went to assist in taking the prisoner to the top of Robin Hood-lane—he tried to get away, and we called the policeman—he said, "I will not go, you shall carry me," and we were obliged to carry him.
WILLIAM PANTLING (police-constable K 264.) On Sunday, the 12th of March, I was on duty in the East India-road—I saw three men scuffling, at the top of Robin Hood-lane—I inquired what was amiss—it was said the prisoner had stolen some load—I took him by the collar, and told him to come to the station-house—he refused to come—we were obliged to carry him—a buck-horn was found upon him with some marks on it, as if the lead had been wrenched up by it—the lead was brought by the watchman—I went to the mast-house, and a great quantity of lead had been taken off the roof.
WILLIAM GRIFFIN (police-sergeant K 11.) On the Sunday morning I went to the prosecutor's house—after that, I saw some lead produced by Standard—on the Monday morning I fitted it on the top of the mast-house—there are marks where the horn has been indented into the wood—I work, where the point has been stuck in.
Prisoner's Defence, When he spoke to me, I said, "That is the person that is round the wall; they dropped it, and I picked it up"—I had drink given to me on Saturday, by several acquaintances, and towards evening I got drunk—my wife came and found me, but I got into a squabble and lost her again—in going to the Brunswick hotel I found some lead, and I heard a man coming—I took it up—the man seized me—I was irritated, and struck him, not knowing what I was about.
GUILTY . Aged 30.
MELICENT BRIGHT . I am the wife of George Bright, who is a watchman in the East India Docks. On Sunday morning, the 12th of March, I missed the tap out of a water-butt, some pipe, and two cloths, and a basket—these are them.
Prisoner's Defence. I found them altogether.
GUILTY . Aged 30.— Transported for Seven Years.
the 1st of April, I was in the shop of my master, Jabez Moore. is heard a noise—I stood, and saw Bowhill going out of the shop with the cloth in his possession—he went from the door, and was met by Jones, to whom he gave it, and Jones endeavoured to wrap it up in a handkerchief—I went and took it away from ones—he said, "It has been given to me by this one"—I caught Bowhill, and kept him till he was taken by the officer—in a little time after, Jones was taken—he was pointed out by the policeman on the beat.
Jones. Q. You are positive to me? A. Yes, I am positive you are the man.
JOHN CREAK (police-constable M 117.) I was called, and took the charge. I went to the Cock public-house, and there found Jones—the prosecutor pointed him out—he said "What do you want me for"—he did not say he had been at the house a long while.
Jones. I had been there three hours from my dinner time—when before the Magistrate, the prosecutor hesitated some time before he could say I was the person that he took the cloth from, which I solemnly declare is false.
BOWHILL— GUILTY . Aged 19. Recommended to mercy— Confined Six Months; Three Weeks Solitary.
JONES— GUILTY . Aged 26
SAMUEL READING . I am barman at the Suspension Bridge public-house, Broadway, Hammersmith. I was a patient at St. Bartholomew-hospital—the prisoner was also a patient there—he had the next bed to me—on Saturday the 1st of April, he went away—shortly after he was gone, at half-past five o'clock, I missed my coat—this is it.
WILLIAM WHALAN . I live in Henry-place, Waterloo-road, Lambeth. 1 was a patient in the hospital—I laid in the bed opposite the prisoner—I saw the prisoner take the coat at half-past five o'clock—he said he was going to play a lark with Reading's coat, and he went away.
Prisoner. I had been out of employ, and had no means of getting anything.
GUILTY . Aged 20.— Transported for Seven Years.
JOHN MILLIS . I keep a shoe-shop in Eliza-place, Clerkenwell. About half-past one o'clock, on the 5th of April, I was going from the shop, and saw the prisoner—I had suspicion of him—I watched him—instead of going on he turned back and took these shoes—I followed him nearly as far as Clerkenwell church—he saw me and the policeman following, and threw
down these shoes into an area, and was taken—the shoes had been just outside the house.
GUILTY . Aged 17.— Confined Three Months; Three Weeks Solitary.
ISAAC COOKE, JUN . I live in York-terrace, Islington, my father is a retired sergeant-major, from the artillery. On the 5th of April, at half-past eight o'clock, I was going up Shoreditch—I had my handkerchief safe—I felt it going out of my pocket—I put my hand in, and felt the prisoner Jones' hand is it—he took it in its full length across the road—I went after him—he went quicker than me, and round the other two prisoners, or 1 would have taken him, hut I thought three would be too much for one—the handkerchief was passed from one to the other; I saw it in all three of their hands I waited in the road, not above ten yards from them—omnibuses were running by, but I kept on the right side where they were—I saw two policeman, and they took the three—they had a little boy with them, who ran off, and it has not been found.
VALENTINE JONES SMITH (police-constable G 226.) On this evening I was standing with Story, at the corner of Holy well-lane—the prosecutor pointed out the prisoners—I took Jones and Osborne—Storey took Seal—I told them what it was for; they denied it.
Jones. I had not been out of doors five minutes, when the man came and said had picked his pocket.
Osborne. I had not been out of doors five minutes.
Seal. I was pasting from my master's to my mother's—Jones came and spoke to roe, and the officer took me—the prosecutor said that he aw Jones pick his pocket, and give the handkerchief to the little boy—he did not want to give charge of us two—he stated before the Magistrate that he saw the little boy run off with the handkerchief in his hand, and then he had it altered, and said he saw him run away.
(Seal received a good character.)
JONES— GUILTY . Aged 20
OSBORNE*— GUILTY . Aged. 18
Transported for Seven Years.
SEAL— GUILTY . Aged 18—Recommended to mercy.
Confined Three Months; Three Weeks Solitary.
THOMAS TOOGOOD . I live in Mount-street, and am a glass and bottlemerchant. The prisoner occasionally worked for me—I missed these articles looking at them)—I have no doubt that they aremine—I have no mark on them, but know them from the cut of them, and missing such articles frommy stock.
Cross-examined by MR. BALLANTINE. Q. Do you manufacture these? A. No—I purchase them from a manufacturer; he is in a large way of business, and I have no doubt, manufactures a great many articles of the same sort—I received information from the prisoner's step father, that led me to suspect him—his father keeps a shop himself.
JAMES STEWART WALLIS . I am shopman to Mr. Tomlinson, a pawnbroker. These things were pledged at my employer's shop by the prisoner, on the 27th of February, the 8th of March, and the 27th of March—I did not take in the milk-jug, but I was there.
Cross-examined. Q. In what name did he pledge them? A. "John Ball"—there is nothing particular in them—I have known the prisoner for six years—I have been given to understand that he lived with his mother, who keeps a shop of this description.
NOT GUILTY .
JOHN WOESLEY . I live in Brown-street, and am father-in-law to the prisoner. I missed a glass bottle, and appointed the policeman to meet me on the following day at two o'clock—I went home again, and found the prisoner at home—he let me in from the shop door—the policeman followed—the prisoner went into the parlour, and when he got there we heard something fall, and it was this bottle, which fell on the floor—I suppose it fell from his pocket.
Cross-examined by MR. BALLANTINE. Q. I believe you had no shop when you married the prisoner's mother? A. No—I gave information of the prisoner to Mr. Toogood—I considered that a discharge of my duty—I did not do it with the idea of getting rid of him—my wife is here and her daughter—I have not heard from them that she gave him this bottle.
HENRY WILLIAMS . I saw the prisoner come to the door—he looked round, and saw me—I followed him close into the parlour—I saw this bottle fall from him—I do not know whether he had it in his hand or not—he was standing with his back to the fire—I said, "None of your nonsense," and took it up.
NOT GUILTY .
WILLIAM BUTCHER BURWOOD . I live in Eccleston-place, Pimlico, and am a stable-keeper. On the evening of the 2nd of April I went with a fly to the Opera, about half-past twelve o'clock, and then I drove it to Ecclestonplace, and left it at the stable-door—I opened the fly-door to put down the glass—I took the horse in, and when I came out I saw the door open, the steps down, and the cushion gone—this was about twenty minutes before one o'clock on Sunday morning—Richard Davis is the owner of the fly.
GEOROE MABB (police-constable B 124.) About twelve o'clock at night I saw the prisoner at the Flask public-house—he asked me where he was; I told him, in Ebury-square—he was drunk—I asked where his father lived—he said he was a beadle, and lived in Robert-street—I saw him go down Eccleston-place, and bid him good night—that is about two hundred yards from where the prosecutor lives.
WILLIAM ELLIOTT (police-constable D 18.) At a quarter before two o'clock at night I stopped the prisoner in Oxford-street, with this cushion under his left arm—I asked him where he got it—he said from Pimlico, and was going to take it to St. John's Wood—I took him to the station-house, and
then he said he had been walking with a policeman at Pimlico, and they had stopped a boy with it, who said it was no use to him, and he might have it.
Prisoner. To the best of my recollection I picked it up at the bottom of Eccleston-street—I said I had picked it up, to the best of my recollection. Witness. No, he said the boy had picked it up.
NOT GUILTY .
Prisoner, I never pledged it, nor do I know where the pawnbroker lives. Witness. I am certain it was him—I said before the Magistrate that it was hard to swear to a person when he had gone out of the shop; but I felt fully persuaded that it was him.
SAUL JOSEPHS re-examined. The shop was opened about eight o'clock—I was down soon after, and then missed it—I saw it on Sunday night, the 26th—the prisoner came and opened the shop on the 27th—a servant girl had the care of the shop—I came down at a quarter or twenty minutes after eight o'clock—he was not there—I went to his house at nine o'clock, and he was there—I went to the pawnbroker's about ten o'clock, and found it.
NOT GUILTY .
1085. WILLIAM MORTON was indicted for stealing on the 18th of March, 6lbs. weight of lead, value 1s.; and 1 metal cock, value 4d.; the goods of John Edward Nassau Molesworth, Clerk; and fixed in certain land of his.
MARTHA MART FINCH . I am the wife of Henry Finch, of Carolinastreet. On Friday night, the 17th of March, I saw the lead pipe and metal cock safe—I missed it on Saturday morning—it stood against the water-butt in the yard—this is it—I know it is mine.
JOHN CLAPTON (police-constable K 246.) The prisoner was taken to the station by another officer, and the inspector ordered me to go to No. 3, Ratcliffe-square, where he lived—I dug among the ashes in the cellar, and found this cock and leaden pipe.
HENRY SMITH (police-constable K 120.) I was on duty in the Commercial-road on the 18th of March. I heard there had been a robbery at the prosecutor's—I went there and saw some footmarks over four gardens, and at the wall, and of a person who had got over the back wall of No. 3—I went up stain and found the prisoner—I took his shoes, and they fitted the footmarks—I then took him to the station, and found his pocket half fall of dust—I then went back and found in the cellar a great quantity of dust, and in the corner of the cellar this lead and cock were found—the prisoner's mother and a carpenter live in the house.
Prisoner's Defence. This robbery was done at twelve o'clock at night—there were two men repairing the house—they came home at half-past nine o'clock and saw me go to bed.
NOT GUILTY .
1 gown, value 2s.; and 1 pair of trowsers, value 10s.; the goods of Henry Fincb; 1 pair of trowsers, value 7s. 6d., the goods of Samuel Phelps; I pair of trowsers, value 1s. 6d. the goods of John David Burgess; and 1 pair of trowsers, value 2s., the goods of Thomas Titter.
SARAH BROWN . I am the wife of Samuel Brown of Caroline-street I left a pair of trowsers and a jacket in my yard on the 17th of Marchabout twelve o'clock at night I was disturbed by the barking of a dog—the next morning the property was all gone—these are my husband's property.
HENRY SMITH (police-constable K 120.) I went into the cellar and found these trowsers and a gown—I traced the foot marks in the garden from the place where the trowsers were hanging, over four gardens and over the wall—the prisoner had a pair of women's shoes on, and had a peculiar tread—I took his shoes off, and they corresponded exactly.
GUILTY —Aged 20.— Confined Three Months; Three Weeks Solitary.
1087. WILLIAM SIMMONDS was indicted for stealing on the 22nd of March, 1 handkerchief, value 5s.; 1 shirt, value 2s.; 1 pair of stockings, value 1s.; and 1 coat, value 2s. 6d., the goods of Thomas Frankrish.
THOMAS FRANKISH . I lodged with the prisoner at Southall-green, in the parish of Hayes. I got up on the 22nd of March at half-past five o'clock in the morning—I left a bundle that contained the shirt and other things—about twelve o'clock I received information and went back—the bundle was gone—I gave information and the prisoner was found with my coat on, about three weeks afterwards.
Prisoner. He promised to sell me the jacket—when I got up I put it on; as for the other things I am innocent.
GUILTY —Aged 22.— Confined One Year; Three Weeks Solitary.
Second Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 39.— Confined One Year.
PETER FRAKKLAND . I am a shoemaker, and live in South-street, Manchester-square. The prisoner was my blocker and cleaner—he has worked for me during five or six years occasionally—on the 18th of March Mr. Lloyd brought me some half-fronts—I went to his house and found two more of them, making the three pairs of boot half-fronts—the prisoner had access to these—they are mine—they are worth 10s.—my name is on the inside of one pair, and they are all blocked on one piece of wood.
JAMES PAYNE LLOYD . I life in Oxford-street, and a bootmaker. The prisoner had been in my employ, but misconducted himself and I discharged him—he came on the 25th of February and said he had bought a little leather, and made a few boot half-fronts—I bought two pain of him at the trade price—he then brought a pair of fronts, and I said they were damaged at the top, they were only fit for halves—he cut them in half—I then took them to the prosecutor, and he identified them.
Prisoner's Defence. I will not deny that I did take the fronts, but I was not conscious of what I was doing—I was labouring under an aberration of mind.
GUILTY *, Aged 29.— Transported for Seven Years.
GEORGE CHENEY . I am a constable. At half-past eight o'clock, on the 5th of April, I saw the prisoner lurking about Mr. Gash's shop, in the Old Jewry—he saw me, and went up Cheapside—I knew him before, and followed him, and saw something in his pocket—I followed him down Queen-street, and when I saw a watchman before him, I pounced upon—him, and asked what he had got—he paused, and said, "A pair of shoes"—I said, "What sort, are they Bluchers?"—he said, "Yes"—I found this pair of Wellington boots in his pocket—I asked where he got them—he said he bought them, and made a very improper answer—I took him, and want to Mr. Gush., who identified them—I found 1s. 8d. on him.
Primer. I did it through distress.
GUILTY *. Aged 25.— Transported for Seven Years.
The prosecutor did not appear. NOT GUILTY .
1092. MARY WRAY was indicted for stealing, on the 5th of April, 1 trunk, value 3s.; 1 night-gown, value 1s.; 1 gown, value 6d.; 5 caps value 2s.; 4 yards of net, value 8d.; 1 knife, value 2d.; and 3 yards of calico, value 1s. 6d. the goods of Mary M'Crawney.
MARY M'CRAWNEY . I came from Cork by the Ocean. I came up the Thames, and got on shore at St. Katharine's Dock on Wednesday morning—the prisoner came with me—I never saw her before—she said she had three sisters and a mother in Whitechapel, and that she carried on the laundry business—I was coining here to look for a situation—she said that she would befriend me, and take me to her mother's place, and that she hired persons sometimes, having more work than she could do—I depended on her, and thought she would befriend me—I had a trunk—it contained a night-gown, a gown, caps, some calico, and the other things mentioned in the indictment—we went together to a public-house—I paid for her crossing in a small boat—I paid her passage, and she told me to put the trunk in a. public-house while we went to see for lodgings—she got away from me—I afterwards found my trunk was fetched from the public-house—cried and screamed, and did not know what to do till the policeman took me.
Ratcliff-highway. I took in this piece of calico, which was pawned by the prisoner on the 4th or 5th of April.
ELISABETH ADAMS . I keep a public-house in Castle-street, East Smith-field. The prisoner and the prosecutrix came with the trunk one Wednes day morning, about eight o'clock—it was left there—they did not remain there above ten minutes—they said I was not to give it to any one but them—I did not know which it belonged to—the prisoner came and had it about four o'clock.
RICHARD BARBER (police-constable N 250.) I found the prisoner about seven o'clock that evening, very drunk, and making a disturbance in a cook-shop—I saw her again about eight o'clock, making a disturbance, and I took her to the station—while she was there I received information that the bundle she had was stolen—it contained the night-gown, the gown, and other things—I found the prosecutrix—the trunk is lost, but here are the other things.
(Property produced and sworn to.)
GUILTY . Aged 17.— Transported for Seven Years.
JAMES CAMPLIN . I live in Theobald's-road, and am servant to Mrs. Mary Downes, who keeps a china warehouse. The prisoner was brought to the shop on the 1st of April by the constable, with a jug in his hand, which had been taken from a set inside the shop—I had seen it there a quarter of an hour before—this is it.
JACOB HOLDITCH . I live in Asylum-road, Lambeth. I was in Theobald's-road, and saw the prisoner there—he stooped down and took this jug from a basin—he ran round the corner, and I told the constable, who took him with it.
GUILTY *. Aged 13.— Transported for Seven Years.
BENJAMIN BULLS . I am in the employ of Thomas Emmett, jeweller, Holborn-hill. The prisoners came in together—Wilson asked to look at some seals—I showed him some—he looked at them, and asked for one with a large white cornelian stone—Harrol was by his side, and talking with him respecting them—he selected one which was 3l.—he inquired the price of engraving two letters—I said about 5s.—they said that would be too much—I said I had some cheaper—he said they were too common—I thought some of the seals were missing, and said, "I have lost some of these seals, and before you go, I will find them"—Harrol hastily got out of the door, but I got round the counter in time to stop Wilson—I sent the boy to call Mr. Emmett—I told him to mind Wilson, and I went out, and saw Harrol waiting in Bartlett's-buildings—I waited in a public-house at the corner—I saw the officer, and told him to take her to the shop—I watched her that she did not throw any thing away, and she was taken into a little back room.
Cross-examined by MR. PHILLIPS. Q. You will be good enough to tell this story over again?—(the witness did so)—the woman said, "Come
along, come along" and beckoned to the man—I did not mention that before—she said it twice, but it slipped my memory—the man was not in such great haste as the woman—she was nearest to the door—he did not attempt to run—he turned abruptly round, and was going out—I ran round, and stopped him.
JOSEPH SHAW (City police-constable No. 39.) I was sent for to Mr. Emmett's shop, and found the two prisoners—I took them into a room—while searching the woman, I was on her left—I heard something drop on the right of her: I said to Mr. Emmett, "Get a light," and this seal was found—I found seven half-crowns and two shillings on Wilson.
THOMAS EMMETT . This seal is mine—I was present when the prisoners were searched—as far as the officer has stated, it is correct—my young man sent for me up stairs—he stood between the man and the door to prevent his escape—I took his place—he said, "The woman, I am quite sure, has got some of the property"—I said, "You go alter her"—he went, and brought her back—she was searched, and I heard the seal fail from her. (Wilson received a good character.)
WILSON— GUILTY . Aged 48.
HARROL— GUILTY . Aged 34. Confined six months.
ANN LEE . I am single. I lodge in the first floor at No. 1, Churchplace, Islington—Edward Benbow lodges there—he went out on the 21st of March, at ten o'clock in the morning, and asked me to mind his room—I remained in the parlour to take care of it—the prisoner came there in the evening to see his uncle, as he said—Benbow is his uncle—I had seen him before—he did not stay there above ten minutes—I never left the parlour—I missed a waistcoat when he was gone, at half-past five o'clock.
Printer. Q. Did you see it in the room when I came in? A. It was there before you came in—I saw it about half-past five o'clock.
Prisoner. Q. Can you swear it was not in your coat when you put it on? A. Yes, I will.
Prisoner's Defence. I found it on the steps in Church-passage, and put it into my pocket—I went to my uncle's—he was not at home—I picked it up by the railings—I staid ten minutes—I was not aware that it was his.
GUILTY *. Aged 22.— Transported for Seven Years.
OWEN SMITH . I know William Henry Loadman, he is a butcher in Paddington-street—I was standing at my own shop-door, on the 6th of April, and saw the prisoner take the mutton—I pursued and took him with it under his arm—this is it.
GUILTY — Confined One Month.
JAMES MONTIER . I am a farrier. I saw two boys at the Colonnade, in Russell-square, on the 6th of April, from five to six o'clock—I cannot swear to the prisoner; if he is the boy he has not the same countenance—one of them took this hat, and carried it before him into Russell-square—he dropped it on the other side of a cart, and ran into Bedford-place—in my attempting to follow him I slipped—I caught the boy that took the hat—I have no doubt of that, and I gave him to the policeman—I never gave any other boy to the policeman—I cannot say whether he had a cap on or not—no one has been speaking to me about this—I made this mark at the office to this deposition—that is what I swore before the Magistrate—it was read over to me I believe—I have no doubt what I swore was true—(read)—"I was in the Colonnade this afternoon, and saw the prisoner take the hat from the stall in front of the prosecutor's, and ran away with it".
MORRIS MOSS . I keep a stall under the stand. I did not miss the hat before the prisoner was brought back—this is my hat—the prisoner is the same boy that was brought back, but be looks different from having that cap on—(the prisoner had a while night-cap on.)
GUILTY *. Aged 14.— Transported for Seven Years.
JAMES MITCHELL (police-constable G 145.) At half-past one o'clock, on Good Friday morning, I saw the prisoner in Goswell-street with this tub—he passed me—I said, "What have you got?"—he said, "A tub of mine"—I said, "What had it in it last?"—he said, "Water"—I found it had bad some wash for pigs in it—I took him to the station—I found Mr. Leaver's about 100 yards from there.
BENJAMIN LEAVER . I am a coach-wheelwright. This is my tub—it was taken from my premises in Glasshouse-yard—I had seen it safe on the 22d—I know nothing of the prisoner—he had no right to have it—it was in an enclosed yard.
Prisoner's Defence, I saw the tub against a dust-heap when I went to the pump to get water—I took it up, as any one might.
GUILTY *. Aged 19.— Transported for Seven Years.
NEW COURT.—Monday, April 10th, 1837.
Sixth Jury, before Mr. Common Sergeant.
1099. JAMES WOOD was indicted for stealing, on the 11th of March, 20 pieces of paper-hanging, value 3l., the goods of William Gotty Blogg; and JOHN BULL , as an accessory, and also for receiving the said goods, well knowing them to have been stolen; against the Statute, &c.
WILLIAM GOTTY BLOGG . I live in Bishopsgate-street-without, and am a paper-hanger. On Friday, the 10th of March, I went out, and when I returned I found the prisoner Bull looking at some paper-hangings for a staircase, for a job that he had—he ordered me to send twenty pieces to No. 4, Nothingham-place, Pearson-street, Kingsland-road, which I wrote down at the time
—I was to send the bill with them, on the following day, and he would be at home to pay me—the price agreed upon was 3s. per piece, but he said, being in the trade, would I make him some allowance—I said I would if I found that he was in the trade—he said he was going to hang them in the City Hotel—I said, "What in King-street, Cbeapaide?"—and he said, "Yes"—I sent the papers the next day by the boy Richard Grafton—the bill was receipted, and the direction on it.
Cross-examined by MR. DOANE. Q. He had been speaking to your shopman before you came? A. Yes, to the boy—I agreed to let him have it the next day, in the ordinary way of doing business—the prisoners have borne good characters from inquiries I hare made.
RICHARD GRAKTON . I am errand-boy to the prosecutor. On the Saturday, between twelve and one o'clock, I went with tome papers to No. 4, Nottingham-place—I saw Wood there—I asked him whether Mr. Bull lived there—he said "Yes," and asked if those were the staircase papers—I said, "Yes"—he told me to take them in—I took them part of the way in—he took the papers from me, and the bill with them, and asked me what I was stopping for—I told him I was stopping for the money—he said, "They are paid for," and then he said if they were not, I was to come back in an hour's time—I said I would take the papers with me—he said he would not let me—I went to take them off the chair, and he shoved me against a wall—I told him then, I must not go without the papers or the money—he said then that they were his master's property, and that they were paid for—I went away—Mr. Blogg came afterwards.
Cross-examined. Q. Did you go back in an hour as Wood told you? A. No.
Wood. I never showed you at all—when you went to take the papers I pot my finger against them. Witness. You did.
JOHN EAST (police-constable N 122.) I went with the prosecutor and the boy to No. 4, Nottingham-place, on Saturday the 11th of March—Wood came to the door—the boy said, "That is the man that took in the papers"—Mr. Blogg then asked him what he meant to do, whether he would pay for the papers or return them—he said he knew nothing about it, that Bull was sot at home—I said he must consider himself in my custody—I searched him at the station-house, and found this bill and receipt in his pocket.
RICHARD GRAFTON re-examined, Wood took the bill and receipt out of my band—I asked for the bill again—he said he would let me take the bill back again—I was going to take it when a woman who was there said she would not let me take it.
MR. DOANE. Q. Is that woman here? A. Not that I know of—Wood took the paper and bill out of my hand.
GEORGE ERNEST RUTLEDGE . I am the son of Joseph Rutledge, of the City Hotel, King-street Cheapside. I employed Boll as a whitewasher last Christmas twelve month—I had not employed him on the 11th of March to hang any paper.
Cross-examined. Q. How long is it since any paper-hanging had been done in your house? A. About last December twelvemonth.
NATHANIEL BOWRING . I live at Pearson-street, Kingsland road—I am agent to the Pearson estate. I let No. 4, Nottingham-place, to the prisoner Wood twelve months ago—I had also let a house to Bull at No. 15 Ormsby-street, adjoining that.
NOT GUILTY .
1100. JOHN EPPS and TIMOTHY DAVIS were indicted for feloniously breaking and entering the dwelling-house of James White, on the 24th of March, and stealing therein, 1 shawl, value 2s. 6d.; 1 basket, value 6d.; 3 shirts, value 2s. 6d.; 1 shift, value 1s. 6d.; 1 towel, value 3d.; 3 pairs of stockings, value 1s.; 2 night-caps, value 6d.; 1 apron, value 6d.; and I hat, value 1s. 6d.; the goods of Isaac Knaggs.
ELIZABETH KNAGGS . I am the wife of Isaac Knaggs, we live in Cheshirestreet, Bethnal Green. About five minutes before two o'clock on the 24th of March, I came in, and shut the street door, but I do not know whether the lock caught or not—it is a lock that shuts of itself, but it is a very bad one—I came down again at a quarter-past two o'clock, and the door was a little open—it could not have been blown open by the wind—it might have been pushed open—I had a shawl and basket, and the other things mentioned—I had seen them all safe on the dresser in the front room below, five minutes before two o'clock, and while I went up stairs they were all gone.
ELIZA ANN FORECAST . I am the wife of William Thomas Forecast, of Cheshire-street, I live opposite the prosecutor's. On Good Friday, I saw Davis push open the door, and go into the prosecutor's place—Epps stood at the side of the door, with a bundle under his left arm—I do not know whether the door was on the jar.
Davis. She said before that all she knew me by was my jacket? Witness. No, I did not—I did not see his features—I did not know him before, but I saw his back—I am sure he is the same built man—I saw Epps' face, because he stood looking at me—it was a man of the same height as Davis, and he had on a round jacket, such as he has on now—he was taken in a coat, but he had shifted his jacket—he was taken, about fife or a quarter-past five o'clock the same night, and then he had a coat on—I said when I saw him, that he had a round jacket on, and when I saw him in the jacket I said he was the same man.
Davis. You saw me through the window. Witness. Yes, my window it about fifty-four feet, just across the road—I could see distinctly.
JOHN HODGES . I live in Manchester-street, and am a hair-dresser. About five o'clock on Good Friday, I saw Davis go to the door of the homebrewed beer-shop opposite me—he pushed the door a little way open, and put his hand in, and then he slid in, and Epps came up with a bundle, after Davis was in—then Epps pushed the door open a little way, and seemed to be giving directions to the other; and when they were both in, 1 went down stairs, and informed Duncomb, a neighbour—this I suppose is 150 yards from where Knaggs lives—in a different street—I went for policeman.
Epps. Q. Did you see me shove the door? A. Yes, I am certain I saw you do it after Davis had got in.
WILLIAM DUNCOMB . I live in Manchester-street, and am a hair-dresser. Hodges and my little girl came and told me about this—I went to the beer shop, and both the prisoners were in there—that was towards five o'clock—I directed Hodges to go for a policeman, and while he was gone, Epps came out with a bundle under his arm—I went after him—he turned up by the side of the King and Queen—he came back and asked if I was watching him—I said, "No I was not"—he keep muttering all the way down Hare-street, as far as Three Cow-corner, where he turned down—he law me pursuing, he turned back, and made a desperate blow at me—collared him and said "Now you so no further"—I Wok him with me, till I
met the policeman, and gave him to him—Davis went away, and went to the Freemason's Arms—he had a jacket on when he was in the beer-shop, and when I had got to the Freemason's Arms, he had a coat on—I went to his cousin's house, and there the jacket laid in the chair—I took the policeman to the Freemason's Arms, and Davis stood in the front of the fire, it was about eight o'clock—when we got Epps to the station-house, be gave the officer directions to go to his place, and nothing was found there.
JOSIAH ADAMS (police-constable H 51.) About twenty minutes'past five o'clock, I was in Hare-street. I laid hold of Epps, Duncomb told me, that he had made the attempt at the beer-shop, and he suspected the property he had belonged to them, but I found nothing in the bundle relating to this case—I found this shirt in his hat—we went to Epps' place, but did not find any property—they dispatched a boy off to the Freemason's Arms, to tell some of the parties, and he went to the Freemason's Arms with us, we went in, and Duncombe identified Davis—we all went in together—we let the boy run on, and we followed him, and saw he was going into the house, and we got in first—I found Davis in this coat, which I now produce—we then went to Davis's cousin, where he lodged, and there was this jacket.
Epps. I am a hawker, this shirt I bought in Petticoat-lane, for my own use.
EPPS— GUILTY . Aged 28
DAVIS— GUILTY . Aged 28.
of stealing only; Transported for Seven Years.
1101. JOHN EPPS , and TIMOTHY DAVIS , were again indicted for feloniously breaking and entering the dwelling-house of Thomas Barnes, on the 24th of March, at St. George, and stealing therein, 2 cloaks, value 2l.; 2 hats, value 3s.; 1 tippet, value 1s.; 1 spoon, value 6d.; 1 handkerchief value 1s.; 1 pair of gloves, value 1s.; 1 pepper-box, value 2s.; and 1 other spoon, value 5s.; his goods.
SARAH BARNES . I am the wife of Thomas Barnes, we live in Humberstone-street, Commercial-road, in the parish of St. George, in the East. I came from the hospital at half-past one o'clock on Good Friday, the 24th of March—I unlocked the door, and went in—the street door was open: my room is even with the street—I locked the room door when I went out, and left the key outside—I left all this property there—my husband is the tenant of the house—we occupy all the three rooms—when I left the parlour, I went down into the kitchen—I remained there I suppose till four o'clock, or more—I then went up stairs to this room, the door was then open, and all the property stated was gone—I am confident the door was locked, but I omitted taking the key out.
JOSIAH ADAMS (police-constable 51) I took the prisoner Epps, and took this property from him at the station-house, tied up in a handkerchief—I met him about twenty minutes past five o'clock in Hare-street, on Good Friday—he said he had taken the property out of pawn the day before.
(Property produced and sworn to.)
and Epps came out, with this bundle under hit arm—he said he got the things out of pawn the day previous.
Epps's Defence, I bought them—I did not say I took them out of pawn—I am a hawker by trade.
EPPS— GUILTY . Aged 28.
DAVIS— NOT GUILTY .
1102. MARIA BELMORE was indicted for stealing, on the lst of January, 1 coat, value 1l., 10s.; 1 waistcoat, value 10s.; 1 watch, value 2l. 10s.; and 1 snuff-box, value 1l. 10s.; the goods of John Cunningham.
MR. PHILLIPS conducted the Prosecution.
JOHN CUNNINGHAM . I live in Broad-street, St. Giles, and am a traveller. On the 1st of January last I was in Drury-lane, in the evening—I had dined—I saw the prisoner there—she was not dressed exactly as she is now—I went to a house in Charles-street, Drury-lane—she was very anxious to have some drink—I had part of it, and I have reason to believe it was drugged—I went to bed, and fell asleep in a very short time—when I awoke in the morning, the prisoner was one—I missed my coat, waistcoat, silver watch, snuff-box, my breast-pin, and cash, and all, except my breeches—I saw the prisoner again on the 27th of March, in Hart-street—I followed her, and I said, "How do you do to-night?"—she did not speak at all—she did not seem to know me—I am sure she is the woman—I said, "What is the matter with you to-night? you and I are old friends; why don't you speak?"—she still continued to deny that she had ever seen me—I said, "It is of no use; you are the person that robbed me; if you restore my property, free of expense, I shall not prosecute you"—I met a constable, and gave her in harge—I was drunk, but my recol lection is pretty good—I was infected with drink—upon my solemn oath, I swear she is the person.
ANN GRAY . I am servant to Mr. Scott, of No. 5, Buckridge-street, St. Giles, a lodging-house keeper. The prisoner lodged there twice with her husband, or a man that pasted as such, of the name of Johnson—she went by his name—on the Saturday fortnight, before I was examined, I went to her to get some rent—I had asked for it before—she gave me the ticket of what she said was her husband's coat—there were three more duplicates that I got from her—I do not know whether this is the ticket of the coat—I did not look at it—I gave the ticket to Scott, my master—the first two I gave my mistress.
THOMAS SCOTT . I am landlord of the house where the prisoner, and a man of the name of Johnson, lodged—she brought three tickets to my place, as security for rent—she gave two to my wife, and one to me—I took it to the pawnbroker—at last I gave the policeman the renewed tickets—they were renewed in my name when I took them to the pawnbroker—Ann Gray lives with me—she is a servant—it is a brothel—it is not the house I live in, but it is mine.
whom—it was by a man, in the name of Johnson—on the 7th of March Scott brought the ticket, paid the interest, and renewed it.
WILLIAM BENTON (police-constable E 22.) I took charge of the prisoner—she directed me where to find some duplicates—I went to Mr. Scott, in consequence of what she said, and got four duplicates—they correspond with these articles, and the duplicates produced.
GUILTY . Aged 35.— Transported for Seven Years.
1103. JOHN HARVEY was indicted for forging and uttering, on the 2nd of August, a bill of exchange for 28l. 15s. 0d. with intent to defraud William Cooper.—2nd COUNT, for forging and uttering an acceptance to a bill of exchange.
MR. BALLANTINE conducted the Prosecution.
THOMAS POWELL . I am traveller to Mr. William Cooper. On the 30th of March, 1836, I taw the prisoner at Winborn, in Dorsetshire—I was travelling there for Mr. Cooper—the prisoner resided there, and applied to me to supply him with some goods—I told him I could not take his order without a guarantee, and he offered me Mr. Topp, his brother-in-law, as security—I made inquiry, and found he was a very respectable man, and lived in the neighbourhood—on these terms, and on no other, I supplied the prisoner with goods—these goods were to be paid for in four months—I know they were supplied—I received no guarantee from the prisoner—it was to be sent before the goods were sent off, but it was not—on the 30th of July I applied to him to pay me, either in cash or in Mr. Topp's acceptance at one month—he went, as he told me, to Mr. Topp's, and brought me an acceptance of Mr. Topp's, but I discovered it was only on a receipt stamp—I told him that was of no use, he must go and get it upon a regular bill stamp—I gave him the price of the stamp, and as I was getting into my gig he brought me a bill, and told me that was Mr. Topp's acceptance on a regular stamp—I believe this is it—I have no doubt it is the same—(read)-"Payable at Glynn and Co. Accepted. Geo. Topp."—on my arrival at Poole I found it was not indorsed—I inclosed it in a letter directed to Mr. Topp, and requested him to get the prisoner to indorse it, and to forward it to Mr. Cooper.
Cross-examined by MR. PHILLIPS. Q. You said you believed this to be the bill?A. I believe that to be the bill be gave me—I sent it by post from Poole that day—it was forwarded by post to Mr. Cooper—I believe this is the same bill—I do not know the writing—I cannot swear positively—I have no doubt in my own mind.
WILLIAM COOPER . I am a Manchester warehouseman, residing in Wood-street, Cheapside. On the 2nd of August I received this bill of £28 15s. in a blank envelope from Winborn—it bears the indorsement of the prisoner, "John Harvey"—I sent my clerk to present the bill—it was returned—I wrote a letter to the drawer, and another to the acceptor—I
received an answer from a person signing his name "John Topp"—I wrote a second letter to John Topp, and received a second reply—I wrote a third letter, but received no reply—I then arrested the prisoner on the bill.
Cross-examined. Q. How far is Winborn from where Mr. Topp lives? A. He lives at Winborn, just by there—I was not in town on the 5th of April—I only got to London last Friday night—I left home the first week in February.
EDWARD CROSS . I am a linen-draper. The prisoner lived with me—I am acquainted with his handwriting—the body of this bill and the signature are in his handwriting—the acceptance I could not swear to—it bears a general similarity to his writing, but it is disguised, if it is his.
GODFREY GODDARD . I was present at the prisoner's examination at the police-office—he was asked whether he wished to say any thing—he spoke, and I took down his words—I saw the depositions taken—I read them at the time—the words which I heard spoken by the prisoner appeared on the depositions—he was asked whether he would sign them, and he refused—the depositions agreed with the words I had taken down—I can state exactly what he said—I have it now before me—(reads) "I did not mean to defraud, but as my brother-in-law had promised to lend me 50l. or 100l. I made use of his name on the bill, expecting I should be able to take it. up when it became due."
NOT GUILTY .
1104. ELEANOR PEARCE and JANE NELSON were indicted for stealing, on the 7th of February, 1 watch, value 9s.; 2 seals, value 2l.; 1 watch-chain, value 1s. 6d.; 1 watch-guard, value 6d.; 2 half-crowns, and 9 shillings; the goods and monies of Thomas Simpson.
MR. BALLANTINE conducted the Prosecution.
THOMAS SIMPSON . I am master of the ship Cornelius. I was out in the evening of the 7th of February at half-past eight o'clock—I had had nothing that day but one glass of grog—I met the prisoner Nelson—she took hold of me, and decoyed me home—as we were going home, Nelson went and spoke to Pearce, and then we all three went home—I gave Nelson 5s. for my night's lodging—Nelson asked me if I could afford any thing to drink—I gave her 6d. to get a pot of beer—I did not feel at all well, and went to bed—I said, "Here is 6d. for the drink, I shall go to bed"—I pulled off all my clothes—neither of the prisoners did any thing—they were sitting in the room—I put my watch under my pillow, and went to sleep—I awoke, I suppose, in about an hour, and saw Pearce with her hand in my trowsers pocket—she said, "You had better get up, your woman is gone away; her child is crying"—I looked under the pillow, and missed my watch—I knocked with my feet, and the landlady came up—I lost two half-crowns and nine shillings.
Cross-examined by MR. DOANE. Q. What are you? A. I have been captain of a ship—I had not been an hour on shore when I met her—I dined on board with my mate—I am married—my wife lives in the north—I did not go to the Jolly Sailors with the prisoners—I drank nothing at all with them—I was as sober as I am now—I went to bed, and kept my eye upon
them—Pearce went out to get something to drink—I fell asleep after that—I think it was about half-past ten o'clock at night when I awoke—I could not lay hold of Pearce—she was gone—there was a light in the room—I cannot tell when Nelson went—I never saw Mrs. Neale till I knocked with my feet—I came to town again on the 29th of March—the prisoners were then in custody—I told Mrs. Neale what I had lost, and we called for the police, and searched the room—we went about, but could not find them—this is my watch.
MR. BALLANTINE. Q. When you saw Pearce you were naked in bed? A. Yes.
SAMUEL PERKINS (police-constable K 117.) On the night of the 22nd of February, in consequence of information, I took Nelson at a house in the Commercial-road—Pearce came out of the house afterwards, but I did not see her—I told Nelson that she was charged with stealing a watch and some money—she said she knew nothing about it—the house kept by Neale is about four hundred yards from where I took the prisoners.
WILLIAM WILTSHIRE (police-constable K 249.) I took the prisoner. Pearce one evening in February, in the Commercial-road. (On the 7th of February I saw the prosecutor—neither of the prisoners were with him—he was slightly intoxicated)—I took Mrs. Neale to the station-house—the two prisoners were present, and when she saw them, she said they were the parties that were at her house with the prosecutor.
SARAH NEALE . I live at No. 8, Bluegate-place, and keep a brothel. I was not at home when the prosecutor came—Pearce was sitting in my room when I came in—Nelson called to Pearce to fetch some beer—Nelson came down after she had settled with the gentleman", and gave me 2s. for the bed, and 6d. for the liquor—she said she had asked the gentleman liberty to go and see her child, and was coming back to stop with him for the night—she said if he said any thing, I was to come after her to Cable-court—both the prisoners went out together—Pearce said she would go up stairs and see if the candle was safe—she came down directly, and went off immediately with the other prisoner, and after that, the prosecutor called me, and said he had lost his watch.
Cross-examined. Q. Which of the girls was sitting with you? A. Pearce was sitting with me, while Nelson was up stairs—Pearce was sent out by the other to buy some beer, and she returned from the stains directly, and sat down again in the room, and remained till Nelson came down—I believe Nelson has the care of a child—I was not many minutes in the room when the prosecutor called me—Nelson had talked with me about five minutes, and then Pearce went up stairs to see that the candle was safe—I went to Cable-court—when the prosecutor called me I could not find her—I never saw either of the prisoners till the policeman fetched roe, about a fortnight after—I came here once before to do good, if it laid in my power—I was subpœnaed about something done in my house—I came to clear my house—there were no other girls in the house.
WILLIAM WILTSHIRE re-examined. The prosecutor seemed slightly intoxicated—he seemed as if he had been drinking, by his manner of speaking—he gave me a description of the parties—he did not smell of rum—his manner might have been caused by the excitement from his loss.
NOT GUILTY .
JAMES WILLIAM BAYLEY . I am a journeyman to Mr. William Charles Woollard, of Old-street. I was in the room adjoining the shop, at a quarter past eleven o'clock, on the morning of the 18th of March—I saw the prisoner going out of the shop with a glass in his hand—I heard no noise—I turned and saw him—I ran after him—he had got about four doors—I collared him, and said he must come back—he said, "What for? your master sent me for it"—I brought him back—my master said, in his presence, that he had not sent him; and the prisoner went down on his knees and begged to be let off—Mr. Woollard then gave him in charge—no promises had been held out to him.
J. W. BAYLEY. This is my master's glass, and the one that was taken.
GUILTY .* Aged 19.— Transported for Seven Years.
Fifth Jury, before Mr. Sergeant Arabin.
1106. WILLIAM JAMES and HENRY TAYLOR , were indicted for stealing, on the 1st of April, 34 yards of cloth, called buckskin, value 7l. 10s.; and one canvass wrapper, value If.; the goods of John Underwood Coy; and that William James had been before convicted of felony.
MR. DOANE conducted the Prosecution.
THOMAS MATTINSON . I am foreman to James Underwood Coy, a woollen warehouseman in Wood-street Cheapside. On the 1st of April I made up a parcel of thirty-four yards and a quarter of buckskin, in a wrapper, which had a ticket outside with the name and direction—I took it to Kenworthy's man, and saw him put it into the middle of the wagon, about eight o'clock, between two bags of wool, so that it could not fall out—the bags were about six feet long—he lifted up his wrapper, laid the piece of goods in between, and laid the wrapper on it—it was impossible it could have fallen out.
Cross-examined by MR. STURGEON. Q. How High were these bags? A. I suppose about six feet—there was a place between the two bags of wool—it was about two feet or more from the side—it was impossible the parcel could have fallen out.
Cross-examined by MR. JONES. Q. What was the height of the wagon? A. About six feet or better—it was about eight o'clock—it was opposite the light of the watch-house.
JOHN ROCK . I am a wagoner in the employ of Messrs. Kenworthy. On the 1st of April I received from Mattinson a parcel to take to Messrs. Howitt's in Holborn—I placed it between two bags of wool, and a heavy woollen blanket was placed over it to keep the water off—I am certain it could not have got out itself—when I got to Holborn the blanket was turned back and the parcel gone—that could not have happened accidentally—I received the parcel at the bottom of Love-lane—I went up Aldermanbury, and turned into Cateaton-street, and up Milk-street into Cheapside.
Cross-examined by MR. STURGEON. Was not this a very windy day? A. No—I have never had the blanket blown up with the wind—it is not liable to fall off—wool is a very steady cargo—it could not fall out behind—it was on the front, slid under the two ropes, and the blanket as well.
Cross-examined by MR. JONES. Q. What height was it from the ground to the top of the load? A. Fourteen or fifteen feet—I had four horses.
MR. DOANE. Q. What part of the wagon were you at? A. I was behind with the third horse—my fellow servant was with the first horse—I was not behind the wagon.