CENTRAL CRIMINAL COURT.
ELEVENTH SESSION, HELD SEPTEMBER 18, 1837.
MINUTES OF EVIDENCE.
Taken in Short-hand,
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Before the Right Honourable THOMAS KELLY , LORD MAYOR of the City of London; Sir John Vaughan, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir John Patteson, Knt., one of the Justices of the said Court; George Scholey, Esq.; Henry Winchester, Esq.; Aldermen of the said City of London; the Honourable Charles Ewan Law, Recorder of the said City; Sir Chapman Marshall, Knt.; James Harmer, Esq.; John Pirie, Esq.; John Lainson, Esq.; James White, 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; Her Majesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
KELLY, MAYOR. ELEVENTH SESSION.
A star (*) denotes that the prisoner has been previously in custody—An obelisk (†), that the prisoner is known to be the associate of had characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, September 18th, 1837.
First Jury, before Mr. Recorder.
GUILTY . And entered into Recognizances to keep the Peace.
NOT GUILTY .
GUILTY . Aged 32.— Confined One Year.
Second Jury, Before Mr. Recorder.
GUILTY .— Fined £1 each.
GUILTY . Aged 14.— Confined Three Months; One Month Solitary.
2030. JOHN HERBERT was indicted for stealing, on the 1st of September 1 printed book, value 2s. 6d., the goods of John Bagster and others; also, on the 27th of August, 1 cloak, value 2., the goods of William Tucker Jones; to both of which he pleaded
GUILTY . Aged 16.— Confined Three Months; Fourteen Days solitary.
GUILTY . Aged 38.— Confined Three Months.
MATTHEW PARKINS . I live in the Poultry. On Thursday evening, the 7th of September, between seven and eight o'clock, I was in the back of my shop, and heard a noise in the shop—my son ran forwards—I saw the goods moving, but did not see the party—I ran into Frederick-place, and
saw the prisoner in custody of my son—a Mackintosh coat was brought back to me—it was mine—this is it.
THOMAS PARKINS . I am the prosecutor's son. In consequence of the noise I heard, I ran out, and saw the prisoner turning into Grocer's Hall court, with this coat under his arm—I gave an alarm; and when he got to Dove-court, which leads to the Old Jewry, he threw the coat down—I still followed him, and stopped him at the corner of Frederick-place—this is the coat—it is my father's.
Prisoner. He said he did not see the coat thrown down, and did not know what I took—it was brought to the watch-house a quarter of an hour afterwards. Witness. I am sure he was running with it.
WILLIAM THOMPSON . The prisoner was given into my charge, for stealing a Mackintosh coat, but he had thrown it away in Dove-court—this coat was given to me in Dove-court, by a woman, the mother of the child who picked it up—she is not here.
Prisoner's Defence. I was running up Dove-court, and a man caught hold of me; he took me to the watch-house, and said I had stolen a Mackintosh coat—he was asked if he had seen me chuck it away, and he said, no, he had not that; he saw something, but he did not know what.
Prisoner, He said so at the watch house. Witness. I do not think I said so.
GUILTY .* Aged 20.— Confined Six Months.
GUILTY .— Confined Three Months.
OLD COURT.—Tuesday, September 19, 1837.
Third Jury, before Mr. Recorder.
GEORGE POPE . I am a solicitor, and live in Gray's-inn-square. On the night of the 12th of September, I was in Holborn, about half-past ten o'clock—I felt somebody put a hand to my pocket—I immediately turned round and saw the prisoner and another person with him—I endeavoured to lay hold of them—the prisoner ran away—I ran after him, and in crossing Castle-street I saw him let my handkerchief fall—I kept him in sight till the watchman took hold of him—this is my handkerchief (looking at it.)
Prisoner, I am innocent of it—I never saw the prosecutor or his hand kerchief—I told the officer I was not the person—I heard a cry of "Stop thief," I turned round, and the prosecutor was forty yards from me. Witness. I am certain he is the man who dropped my handkerchief—it was in my coat pocket.
THOMAS LONG . I am a watchman. I saw the prisoner on the night of the 12th of September, running down Castle-street, and the prosecutor after him, crying "Stop thief!"—I secured the prisoner, and took him to the watch house: the prosecutor gave me the handkerchief.
Prisoner's Defence. The officer swears falsely against me—I saw somebody
run by me, and hearing a cry of "Stop thief," I ran—the patrol saw me running, and secured me.
GUILTY .* Aged 24.— Transported for Seven Years.
SAMUEL GOODWIN. I am servant to Thomas Davis, a shoemaker in Holborn-bridge. On the night of the 10th of September, I was in the back part of the shop, about half past ten o'clock—I saw the prisoner enter the shop, walk up to the counter, take a pair of boots under his left arm, and walk out with them—I followed him, and overtook him about five yards from the door with them in his possession—I brought him back into the shop and took them from him.
(Property produced and sworn to.)
GUILTY . Aged 50.— Transported for Seven Years.
FREDERICK ALEXANDER CURLING . I live in Fenchurch-buildings. On the night of the 14th of September I was in Newgate-street, about ten o'clock, and felt a pull at my pocket—I turned round and saw the prisoner immediately behind me—I laid hold of him, and on turning him round saw my handkerchief under his feet on the pavement—I called for a policeman—one came up, and I gave him into custody—nobody was near enough to touch my pocket but the prisoner—he pointed to a person who was passing, and said, "That is the man," but the person was inside, near the houses, and the handkerchief was under the prisoner's feet.
Prisoner, I was passing along—another man pushed by me, and in about a minute the gentleman turned round; he laid hold of me, and asked if I had his handkerchief—I said I had not, and he looked round and found it on the ground—I did not offer to pick his pocket at all.
(Property produced and sworn to.)
GUILTY .* Aged 21.— Transported for Seven Years.
Before Mr. Serjeant Arabin.
2037. JOSEPH GIBBS was indicted for stealing, on the 16th of September, 1 basket, value 1s.; 1 butter cloth, value 6d.; and 25lbs. weight of butter, value 1l. 9s.; the goods of John Worters.—2nd COUNT, stating them to be the goods of Samuel Steer.—3rd COUNT, stating them to be the goods of Thomas Acock; to which he pleaded
GUILTY . Aged 32.— Transported for Seven Years.
THOMAS GEORGE> Cox. I live at Old Brentford. On the 19th of August I was in my shop, engaged with customers, and between nine and ten o'clock my son observed two or three of the men go out of the shop—he went out and followed them—he returned and gave me information—I
went after them myself, and overtook the prisoner, and found my boots on him—they had been in the shop—he was placing them under his smock frock—I took him and brought him into the shop—he said one Snowball had taken them and given them to him.
Prisoner's Defence. I was going down Brentford and met a fellow workman, who asked if I was going home—I said I was—he gave me the shoes and asked me to take them home to my lodging till morning, when he would fetch them—we stood talking a few minutes, when this man came and caught hold of me—I asked the man who gave them to me, if he did not buy them of Cox, and he said he did.
MR. COX re-examined, I let him go out to find this man—he went to a man and asked him, and he said he did buy them—I said, "Then come into the shop and we will settle it;" but he absconded—I saw the prisoner in the shop—he came in with four or five more, and three of them went out.
GUILTY . Aged 16.— Transported for Seven Years.
Before Mr. Recorder.
JOHN HILTON . I am a mariner, and live in Mansion-house-street, Kennington. On the 21st of August I was standing on the steps, on the north side of Westminster bridge—there was a rowing match—I felt my handkerchief taken, turned round, and found the prisoner close behind me with my handkerchief—I secured him and took it from him—he rather resisted and said it was thrown to him, but he had got it in his left hand, between his left hand and his thigh, and was holding it there—I turned round instantly, and he was as close to me as he could be.
(Property produced and sworn to.)
Prisoner's Defence. The prosecutor turned round and said I wanted to borrow his handkerchief—I asked what he meant—he collared me and said, "I shall take you off," and he took me away—somebody who I suppose had picked his pocket threw the handkerchief at me, as he says so I sap pose it was so, but I did not know where it was—I am as innocent as the child unborn—my liberty is sworn away.
GUILTY . Aged 20.— Confined Six Months.
BENJAMIN CATMULL . I am an officer of Holborn. About half-past nine o'clock, on the 23rd of August, I was on Holborn bridge, and saw the prisoner go behind the prosecutor, take his coat flap in her hand, and take a handkerchief from it—I crossed over and took hold of her—she straggled—I called to the prosecutor to come to the station-house, which he did—I took the handkerchief up and gave it to him.
Prisoner. He said there were some girls with me, but there was not, and I was not near the gentleman—I did not pick his pocket. Witness. I saw her take the handkerchief from the prosecutor's person and put it under her shawl, and before she could drop it I took her in my arms—she dropped it in the struggle with me, and I took it up.
Prisoner. Have mercy on me; I did not take it. He found it a good way from me, and he says there were two girls with me—if there was, how could he see me?
GUILTY .* Confined Six Months.
2041. JOHN BURRIDGE and EDWARD LOVEY were indicted for stealing, on the 28th of August, 2 bags, value 3s., and 130lbs. weight of bones, value 10s.; the goods of Samuel Parker, the master of the said John Burridge.
ROBERT GLADWIN . I am foreman to Samuel Parker, a bone merchant, in Castle-street, Saffron-hill; the prisoner Burridge was in his service about five years, and slept on the premises. On the 28th of August I went with the witness, Parker, to a marine-store dealer's in Compton-street, Clerkenwell, and there saw a bag, containing bones, which I knew to belong to my master—I fetched my master, and then the bones were gone away—I have once seen a bag and bones of the same description in the hands of Allen—there was one hundred weight, three quarters, and three pounds, and they were worth 10s.—the sacks they were in did not belong to Mr. Parker.
JOSEPH PARKER . I am a bricklayer, and live in Onslow-street, Saffron hill. On the 28th of August, about twenty minutes before nine o'clock, I was at my door, and saw the prisoner Lovey come out of Mr. Brien's gate with a bag of bones—I saw Burridge in the yard with Lovey—Gladwin spoke to me, and I went with him to the marine-store shop in Compton street, and saw the same bag as Lovey had passed me with on his shoulder a quarter of an hour before—I remained at the shop while Gladwin went to fetch his master—while I stood there Lovey came in with another sack, and I stopped him—he said a man had employed him to carry them, and given him three pence—I carried the bag to the station-house, and gave him in charge—neither the policeman nor Lovey would carry the bones—I was obliged to carry them myself.
MARY PARKER . I am the wife of the last witness. I followed Lovey, in consequence of what my husband said. There is an archway leading into Compton-street—he went through that, and before he got to the archway by Clerkenwell Church, I saw Burridge join him, and they went on to gether—Burridge swore at him, and said, what did he stop there for, and to come along—I saw them go through the archway together, and then I came away.
EDWARD HARMES (police-constable G 28.) On the night of the 28th of August I was spoken to by a boy, and Lovey was given into my custody—I asked him how he came by the bones—he said a young man gave him threepence to carry them, but where he did not say.
ROBERT GLADWIN re-examined. I know these bones to be my master's—they are a particular sort, the bones of some foreign animal, I do not know what—Burridge has been in the employ longer than me—I never had reason to suspect him before this.
(Burridge put in a written defence, declaring his innocence, and stating that the bones could not be sworn to.)
Lovey's Defence. I was hired to carry the bones by a person, who said he would give me threepence, to take them to Compton-street, Clerken well—I was stopped, and told they were stolen—I did not know it—I said I would go with him wherever he wanted me to go.
BURRIDGE— GUILTY . Aged 19.— Confined Six Months.
LOVEY— GUILTY . Aged 21.— Confined Three Months.
WILLIAM HOUSE (police-constable N 57.) On the 29th of August 1 was on duty in Stamford-hill-road. About two o'clock in the morning, before daylight, I stopped the prisoner in the road, with a sack, containing a set of chaise harness—I asked where he got it—he said his master sent him to Covent-garden to fetch a horse and chaise, which was standing at livery there, and he had taken the harness to fetch it with—he continued in that story—but I suspected him, and took him to the station-house—he said he was under-salesman to his master—several countrymen passed going to market, and we got several of them to look at him, but none of them could recognise him—I took him to Covent-garden market, and carried the harness myself, and when I got there, almost into the market, he said, "The truth is the truth; if you will come round the comer I will confess the truth"—I went round the comer with him, and he said he stole it out of Reed's stable—the property there belongs to the prosecutor—he said the stable door was locked, and he got through the window—he tried to baffle me several times on the road.
FREDERICK HEALES . I am an ironmonger, and live at Edmonton, about three miles from Stamford-gate. I left my chaise harness in the stable at nine o'clock in the evening—next morning I missed it—the harness in Court is what I lost.
Prisoner, I am very sorry for what I have done—I did not take it for any dishonest purpose, but merely to go on a frolic.
GUILTY . Aged 24.— Confined One Year.
WILLIAM PEOPLE . I am carman to Henry Limbey, of Greek-street, Soho, who is one of the firm of Chambers and Limbey, wholesale tea dealers. About twenty minutes after five o'clock in the afternoon of the 12th of September, I stopped with ray cart at the Custom-house quay, in Thames-street, and left the horse and cart, as the gateway was under re pair—on returning to my cart, I missed a small chest of tea, which I had to carry to the King's Head, Borough.
Cross-examined by MR. PAYNE. Q. Where was the chest.? A. On the top of the cart, covered up with a tilt—I went away to deliver a chest at the quay, and was absent about three minutes—it belongs to Francis Chambers and Henry Limbey—I saw the chest again in about ten minutes after I left the cart—I am quite sure of the chest—I know it by the direction on it—it is on it now—it weighs about 50lbs.
house quay, and saw the prisoner going along the lane with a small chest of tea on his shoulder—I suspected something wrong—he sometimes went fast, and sometimes more regular—I followed him up Crutched-friars, and lost sight of him—I saw him again in Jewry-street—he was stopped in my presence by Partrick, with the chest on his shoulder, at the top of Duke-street.
Cross-examined. Q. How far was he stopped from Mr. Hall's quay? A. About ten minutes' walk—he was going at a quickish pace—there were not many people in the street—it was about half-past five o'clock—he said he was employed by a genteelly-dressed person to take it to Petticoat-lane for him, and he would pay him when he got there—he did not say the person was following him, to my knowledge—he said at the station-house that he thought the person was following him—I have seen the prisoner before—I thought him a regular, steady man—when out of work he takes jobs—he has worked, I believe, for three masters in Tooley-street since I have known him.
SAMUEL PATRICK (City police constable 66.) I took the prisoner into custody in Duke-street, Aldgate, with the chest of tea on his shoulder—I asked him what he had got—he said he did not know—I asked where he was going—he said to Petticoat-lane—I asked where there—he said he did not know—I asked who employed him—he said, while he stood opposite a public-house in Payne-street, a gentleman dressed in black came and asked if he wanted a job, and told him to take the chest to Petticoat-lane—I said, "Did he tell you where?"—he said, "No"—I said, "Did he pay you?"—he said, "No"—I said, "Did he promise to meet you?"—he said, "No"—he said nothing to me about the man's following him; but what passed at the station-house I do not know.
GUILTY . Aged 18.— Transported for Seven Years.
NEW COURT.—Tuesday, September 19, 1837.
Sixth Jury, before Mr. Common Serjeant.
GUILTY . Aged 18.— Confined Three Months; Three Weeks Solitary.
2045. BRIDGET PRICE was indicted for stealing, on the 2nd of August, 1 quilt, value 1s.; 2 sheets, value 1s.; 2 pillows, value 1s.; 2 pillow cases, value 1s.; 1 saucepan, value 9d.; 1 dish, value 6d.; 1 glass globe, value 6d.; 1 bottle, value 6d.; 1 cruet-stand, value 6d.; and 2 cruets, value 1s.; the goods of James Simmonds.
JAMES SIMMONDS . I live in Bull-court, Playhouse-yard, St. Luke's, and am a labourer. The prisoner lodged in the same house with me, but had a separate apartment underneath—I went to St. Bartholomew's Hospital on the 28th of July, and came out on the 2nd of August—when I came out I went up and found my lock had been tampered with—I could not unlock the door—I pulled the bolt round, and it was opened—it had been opened by a false key—I missed all the things stated in the indictment—I know them all to be mine—they were found in Catherine Tots' room.
brought it to me—she told me that the landlord was going to sell things, and asked me to let them be there till the evening—I said yes, but I could not let them be longer than the evening—she had not been long gone before the officer came, and I gave them to him.
Prisoner's Defence. Simmonds was only four days out of his place—Mr. Greenland, the landlord, came to me and said, "Do you know anything of him?"—I said, "No"—he said, "I wish I could see him, he owes me 3l., 15s., rent"—I said "I have not seen him for several days, but I hear his door open and shut"—it was not locked—the landlord said, "I wish I could see him and get a little of him"—I said "I knew nothing about him"—in three days he came again, and said, "The place is in such a filthy state that I cannot let it; I wish you would clean it, and what old things there are you may have"—I found the things were of no value—the saucepan has three holes—I said, "Very well, I will clean it;" and then this man came and reported that he was robbed—I said there was nothing there of any value—I moved these things to this woman's house, because I did not like to clean the place for nothing.
JAMES SIMMONDS re-examined, I told her I had been robbed, and she told me I was welcome to go and overhaul her place—I told her what I had lost—she made no answer—she did not tell me what Mr. Greenland said—the place had not been washed—I could not replace the things for 8s.—the sheets and pillow-cases are not found.
(The prisoner received a good character.)
GUILTY . Aged 24. Recommended to mercy by the Jury. Confined Two Months; Two Weeks solitary.
2046. ROBERT HICKS was indicted for stealing, on the 28th of July, 11 yards of silk, value 2l.; and 2 pieces of linen cloth, containing together 52 yards, value 7l.; the goods of John Capper and another, his masters; and that he had been before convicted of felony.
JOHN CAPPER . I live at No. 69, Gracechurch-street, and keep a linen draper's shop. The prisoner was my porter—I have one partner—I have lost 52 yards of linen cloth—I know this to be mine—(looking at it)—we have not sold it—my porter had no right to have property of that description, except on being instructed to take it out when sold.
Prisoner. I offered them to his master. Witness. It was in my presence.
Prisoner, I leave it in your hands, and the mercy of the Jury.
GUILTY . Aged 22.— Transported for Seven Years.
HUMPHREY SEXTON . The prisoner was in my service as town traveller for about five months—it was his duty to receive money from my customers, and to pay me the same day—on the 18th of May he paid me 10l., as received from Mrs. Grant, of Oxford-street—if she has paid him 13l. 9s. 6d., he has not paid me the 3l. 9s. 6d.—he ought to have entered it in the book—it is only entered as 10l.
Cross-examined by MR. JONES. Q. Was he in the habit of accounting sometimes to your father as well as you? A. At no time—I have a clerk named Trueman—he is the principal manager of our business—the prisoner has accounted to him in my absence, when on a journey or abroad—I have a sister living with me as housekeeper—in one or two instances I believe the prisoner did call and leave money with her—a book-keeper keeps our books, whom we employ for the purpose—they were sometimes irregular—I have employed that book-keeper nine or ten months—I sometimes attended to them myself before—the prisoner did not come in the particular situation of traveller, but as assistant in the business, with which I was aware he was acquainted, at a salary of 23s. a week—after some time I engaged him as a traveller, and allowed him a commission of 1¼ per cent., and the same amount of wages—it was not 2½ per cent., it was 1¼—nothing was said about allowing him 2½ per cent, commission—I remember his staying away from my warehouse a short time—I knew where he lodged, and sent to him—he did not call upon me—our porter met him, and brought him to our shop—Hudson is the porter—he had called on Hudson, and left his patterns—we then went to the Mansion house together—he was not searched, to my knowledge—I took this ac count from him—it was in his pocket—no other paper besides this was taken from him, to my knowledge—this is the first account I settled with him—it was before he went to the Mansion-house—I paid him the whole of what was due to him—1l. 11s. 6d. was what I paid him—that was all that was due to him at 1¼ per cent.—I never paid him 3l. on ac count of his commission at one time—I cannot state when I settled this ac count with him—it was three months after he left us, and it must have been about four weeks before we took him—I paid him no commission at that time—there would be some coming to him—I cannot tell to what amount without referring to my books—he had his weekly salary—I had a very excellent character with him from a Mr. Jones.
COURT. Q. On this 18th of May he paid 10l.? A. Whether he paid it me, or it was left, I cannot say—the entry in the books is 10l., in his hand-writing, and my initials are to it—I have one partner.
GUILTY . Aged 30.—Recommended to mercy by the Jury. Confined Six Months; Six Weeks Solitary.
Cross-examined by MR. PAYNE. Q. this your coat? A. Yes.
ELIZABETH CLOUGH . I recollect the prisoner coming to sleep at my house—I saw him go away with a bundle—I went after him, and found him at the pawnbroker's, in the box, pawning the coat—he consented to go with me to our house, No. 36, Bishopsgate-street—he walked back part of the way, and he said he had no money, would I allow him to go—I said, if he would go into any respectable house, and let me search the bag, I would, and I appointed the Sun Coffee-house—before I got there he
turned down—I got the coat from him in the pawnbroker's shop and then I had it, and he went away with me.
Cross-examined. Q. He gave you the bag? A. No, only the coat—he allowed me to look into the bag, and said he had no money, would I allow him to go—then he walked to this place, and left me—I then met my husband and a friend, and they took him—he had not got away—I have not made any inquiry to know whether he was in distress—an old sheet and pair of linen sleeves were in the bag—I rather thought the sheet was mine, but I did not know the number of it.
GEORGE ATTENBOROUGH . The prosecutrix came into my shop on the 6th and described the person of the prisoner—I said if she would be quiet I thought I could get the coat—the prisoner was in the house at the time—I gave him back the coat which he had offered—he gave it her, and they left the house together.
(The prisoner received a good character.)
GUILTY . Aged 23.—Recommended to mercy by the Jury and Prosecutor on account of his distress. Confined Three Months; Three Weeks Solitary.
JAMES MEADE NISBETT . I live at Abridge, in Essex. I was on Holborn-hill on the 7th of September, and felt a twitch at my pocket—I turned and saw the prisoner in company with two others—he was transferring my handkerchief to another person—I did not see the colour of the handkerchief at the moment—it was done instantly—the handkerchief has not been found, but I missed my handkerchief—he was nearer to me than the other person—I was in company with two friends.
JOHN EGAN . I came from Norwich. I was with the prosecutor, and saw the prisoner lift his coat, take the handkerchief and give it another person—I turned and seized him by the collar and said, "Get me the handkerchief—he said, "I have not got it"—which I knew he had not.
Prisoner. I was going down Holborn, this gentleman missed the handkerchief and turned and collared me, and said, "Give me the hand kerchief or I will prosecute you"—I said I had not got it, and he took me along—I called the watchman myself.
GUILTY .* Aged 16.— Confined One Year; Three Months Solitary.
ELIZA ANGEL . I live at Knoll-hill in Berkshire. I was living in service at Islington—the prisoner kept me company and promised me marriage—he came to see me one night—my mistress did not know of his coming, and sent word I must leave, and I went home for a fortnight and three days, while we were asked—he made me promise faithfully to come back—on the Wednesday fortnight I came back, and he was gone, and my clothes and all—I left them at my lodgings in Leather-lane, in a box—he promised to take it to his lodgings and take care of it—I left it at Mr. Ward's house—there were two gowns and two handkerchiefs—these are them—I had the key of the box—I left it locked and corded up—when I
came back the box was not there—he had said he would take it away to his lodgings, but he did not take it there—I gave him the entire care of the box.
Cross-examined by MR. BODKIN. Q. What part of the country have you come from now? A. From Knoll-hill, in Berkshire, where I have been stopping with my brother-in-law—my friends live in Wiltshire—I bad lived at Islington ten months—the prisoner was ostler at the Black Lion, Water-lane—I was going down into the country, and the coachman carried me almost out of London, and then said he could not take me—then the prisoner took me to the right coach—that is how we became acquainted—I requested him to get me a lodging for the night, as the coach was to go the next morning—he took me to the Coach and Horses, in Water-lane—he worked near there—I did not see him lifter the evening—I did not see him in the stable—he wanted to get me to the stable, but I would not go in, and then I went into the country—when I came back he was at his place, and I called on him because he made the agreement with me to come back—he met me at the Angel, Islington—he said he bad taken a lodging in Leather-lane, and I went there and stopped two nights—I was not called Mrs. Russell there—I passed as his wife, and then I went into the country—he asked me for some money to buy the things, and I gave him two sovereigns—he said he would take care of the two boxes 1 left with him, and he would buy a bed and bedstead—Carter was sent to fetch the boxes—the prisoner sent him, as he could not come himself—that was before I went to live with the prisoner—I did not tell him be might take the boxes and do what he could with them—he was to take them to his lodgings and take care of them—I went into the country on a Monday and came back on the Wednesday fortnight—4s., a week was to be paid for these lodgings—Carter was present when I left the boxes.
MARGARET COLLINS . I reside at the Angel, in Farringdon-street. The prisoner and another person came to my house with a box—I saw them open the box, and take a black silk dress out, and another dress and a silk handkerchief; and then he said, "I will leave this here till Saturday next, till the Reading carrier comes; it belongs to ray wife"—he said he was to go down to his wife, and the box was to remain—it remained till this prosecutrix and the policeman came for it on the 15th.
JOHN HOWARD . I am a porter at the Angel. I remember the prisoner and Carter coming with the box—the prisoner asked me if Mike, the Reading wagoner, was up—I said, no—he left the box, and said he should go down by Mike the next morning.
THOMAS GRATTAN . I am shopman to Mr. Cottell, of Shoe-lane, a pawnbroker. I produce the black dress, and another dress and a hand kerchief—they were taken in by me on the 15th of August, I do not know of whom, in the name of Samuel Russell.
JOHN BROWN (City police-constable 48.) I took the prisoner on the 31st of August, at a hay-loft at Hammersmith—I and Ann Strong went down to Hammersmith; we found him—I did not know him, but he saw me, and passed the word to one Taylor—he said, "D—me, that is an officer after me"—he threw a pitchfork down, and said, "I will be back when all things are quiet"—I asked for the loan of a lantern and candle, and found the prisoner on some bundles of hay—I put my hand on him—he said,
"Halloo"—"Sam," said I, "you are the person I want"—he said, "I suppose so"—I took him down, and from there I conveyed him to London—he said, "If it was not for the things that were in pledge I should be all right; but, thank God, it was not me that broke open the box; it was George. "
ELIZA ANGEL re-examined. When I came back from the country I went first to the Black Lion—he had promised to meet me there, but I did not find any thing of him till the officer found him at Hammersmith.
MR. BODKIN called
GEORGE CARTER . I was present at the lodging in Leather-lane when the prosecutrix left to go into the country—I went to the White Hart, in the Strand, and took two of her boxes—they had been living as man and wife—I heard her tell Russell to take the boxes away, and do what be liked with them, till she came back, as she would not live in that beastly room when she came back—she mentioned about the bugs biting her, while we were waiting for the coach at the White Hart, in the Strand—I have known the prisoner four or five months—he was an ostler and porter, and had a good character.
GUILTY . Aged 21.— Confined Three Months; Three Weeks Solitary.
OLD COURT.—Wednesday, September 20th, 1837.
First Jury, before Mr. Sergeant Arabin.
2051. EDWARD COLLINS was indicted for stealing, on the 22nd of August, at St. Martin-in-the-Fields, 2 boxes, value 20s.; 24 knives, value 9l.; and 24 forks, value 7l. 15s.; the goods of Susan Simpson, in her dwelling-house; to which he pleaded
GUILTY . Aged 16.— Transported for Life.
GUILTY .* Aged 16.— Transported for Seven Years.
JOSEPH HOLMES . I assist in the counting-house of my uncle. On the 22nd of August, about nine o'clock at night, I was in Fleet-street, and felt somebody at my pocket—I turned round, and caught the prisoner with my pocket-handkerchief in his hand—I laid hold of him, and he threw it on the other side of the flags, and ran away—I took it up and ran after him—he was stopped on the other side of the street, and I gave him in charge—I believe he is the same person—if he is the man I gave in charge he is the person—this is my handkerchief; it has my initials on it.
JOSEPH HAWKRIGG (City police-constable.) I produce a certificate of the prisoner's former conviction, from Mr. Clark's office—(read)—I was present at the trial, he is the man—I was a witness against him, having seen him pick a pocket—he was imprisoned for one year.
GUILTY . Aged 21.— Transported for Fourteen Years.
RICHARD RYDER . I live at Hillingdon, and work for Mr. Johnson. On the 8th of September ray coat hung in the stable—I saw it safe at eight o'clock in the morning, when I went out with the horses—I returned between two and three o'clock, and it was gone—the prisoner had slept on the premises that night, but without leave—suspicion fell on him, he was taken up, and my coat was afterwards found—this is it—(looking at it,)
CHARLES JAMES MURRAY . I am chief constable of Uxbridge. I beard of this, and suspicion fell on the prisoner—he was apprehended and brought to me on Saturday, and on Monday I went to him, and asked if he knew any thing of the coat—he said it was no use denying it, he had taken it and sold it—and told me it was at a public-house—I went and found it there.
Prisoner's Defence. The coat was given to me to sell; I was to have half the money for selling it—I did not know it was stolen—it was a wet morning, which made me sleep on the premises—I have been working on the railroad.
GUILTY . Aged 21.— Confined Three Months; One Month Solitary.
JOHN PHILIPS . I am a policeman. On the 29th of August, about a quarter before twelve o'clock at night, I met the prisoner carrying this basket—I asked what she had got—she said, "Friendship," and walked on—I caught hold of her, and said, "Let me see what kind of friendship"—I examined the basket, and found two quart pots—I asked how she came by them—she said she did not know—I was taking her to the station-house, and on the road she began crying, and said, a woman gave them to her—I asked if she knew who the woman was—she said she did, bat she would sooner suffer than split.
Prisoner's Defence. I saw a woman with a basket—she asked me to take it, and in five minutes the policeman overtook me, and asked what I had, he said I must go to the station-house—I said, "Very well," and turned back with him—it is the first time I was ever in trouble.
GUILTY . Aged 57.— Confined Three Months.
(There was another indictment against the prisoner.)
2056. GODFREY KENNEDY was indicted for stealing, on the 25th of August, 1700 yards of braid, value 20s.; the goods of Thomas Wilson Robinson, his master; and SARAH HARWOOD , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
THOMAS WILSON ROBINSON . I am a braid and fringe manufacturer, and live in Bunhill-row. The prisoner Kennedy was in my service as a braid Cleaner for a year and a half—he sometimes earned seven shillings a week, and sometimes eight shillings—the policeman brought some braid to me, which Was the first intimation I had of its being stolen—I immediately supposed it to be mine, and went up stairs for a corresponding article to prove it—I took some bobbins off the machine and compared them, and
have not the least doubt of their being mine—the female prisoner was in the habit of bringing Kennedy his victuals to the manufactory, and represented herself as his aunt.
GEORGE TEAKLE . I am a policeman. On Friday, the 25th of August, I was going down Wentworth-street, Whitechapel, and saw the two prisoners coming up George-yard—I stood for a minute and saw them standing still, looking towards me—they began to walk back towards where they came from—I stopped the female and asked what she had in her arm—the other immediately walked away—I examined the bundle, and found the braid produced—I asked where she got it—she said from her employer in Old street-road—I asked who he was—she said "Mr. Phillips, a braid manufacturer"—I asked how long she had worked for him—she said she was a braid winder, and had worked for him about five months—I was dissatisfied with her statement, and took her to the watch-house—I made inquiry and found the owner of the property, but no such person as she described in Old-street-road—I inquired at different braid manufacturers—the prosecutor identified the property, and I apprehended the male prisoner on his premises.
Kennedy. I did not run away—I followed them to the station-house.Witness. He ran away directly—I asked the female who that young man was who ran away, and she said he was her son.
Prisoner Harwood to MR. ROBINSON. Q. Was I ever in your manufactory? A. Not to my knowledge—you used to come to the yard and call the boy out, and he used to go away with you for some time—I cannot swear it was you—I have seen a person come there to him, but I will not swear you are the person.
Kennedy. Q. Have I ever delivered parcels wrong?—A. I never suspected him before, but I have been robbed to a tremendous extent.
Harwood's Defence—(written.) I met this lad, who asked me to take a parcel home, and not let anybody see it, and he would call for it as be came back from where he was going—he has lived with me some years, and never gave me any thing wrong before.
Kennedy's Defence. I am sorry for what I have done—I never took any thing from my master before—this woman did not know I had stolen it—I gave it to her in the street to carry.
KENNEDY— GUILTY . Aged 18.
HARWOOD— GUILTY . Aged 34.
Confined Six Months.
Before Mr. Justice Patteson.
2057. GEORGE MONCTON EVANS was indicted for burglariously breaking and entering the dwelling-house of Joseph Edwards, about the hour of one in the night of the 16th of August, at St. Marylebone, with intent to steal, and stealing therein, 10 sovereigns, 16 half-sovereigns, 15 half-crowns, 50 shillings, 30 sixpences, 12 fourpences, 15 pennies, 1 scent-bottle, value 2s.; 1 basket, value 3s.; 1 bag, value 4d.; and 1 knife, value 5s.; the goods and monies of the said Joseph Edwards.
JOSEPH EDWARDS . I am a chemist and druggist, and live in Upper Marylebone-street, in the parish of Saint Marylebone. The prisoner lived in my service about eleven months, and left twelve or thirteen months ago, and went to live with Mr. Le Strange, a surgeon—he was my errand boy—he did not sleep in the house—on Thursday morning, the 17th of August, I heard a noise in the house, but having a monthly nurse in the house I supposed it was her—I was not aware of the time, but I think it was
between one and four o'clock—I took no notice of it then, but when I got up at seven o'clock in the morning I received information from my shop boy—(he is not here)—I instantly called in a policeman, left him at home, and went to the Marylebone police-office—I first of all examined my house—there was the lock of the till in my shop broken, and the lock of a drawer in the back parlour—about 22l. in money was taken away, also a knife, a canvas bag, a scent-bottle, and a medicine basket—part of the money was in the bag and part not—the back parlour joins the shop, and the door between was not locked—there was not any fastening whatever—the bolt of the back outer door had been forced back—I always look round the house myself the last thing at night, and did so the night before—it was bolted then—I was the last person up in the house except the nurse, and she bad no access to the shop and parlour, because I had locked the door between the passage and the stairs—there is no means of getting to the shop or parlour, except through the door of which I had the key, not from inside the house—that door was fastened in the morning as I had left it—the outer door leads from the back parlour into the back-yard—the bolt was not broken at all—it was forced back by a knife or screw-driver or some instrument—I presume a person could put the blade of a knife through and force it back—my shop boy slept in the back attic—he could not get to the back parlour from the house, as I had the key in my room—he was up before me—he comes and takes the key out of my room to go into the shop, and he did so that morning I presume—he had the key of the door at the time he gave me the information—I presume he had taken it while I was asleep—that was his practice.
GEORGE COLLIER . I am a policeman. In consequence of directions from Mr. Edwards, I made inquiries for the prisoner, and went on board the Isabella, which laid off the Tower—I heard something of him there, and ultimately succeeded in apprehending him at Wolverhampton, in Staffordshire, on Wednesday, 23rd August, in bed in a house near the church-yard—I told him I was an officer from London, and wanted him on suspicion of robbing Mr. Edwards' house, the chemist and druggist in Marylebone—he said he was very sorry for it; it was his first offence, and he hoped Mr. Edwards would be merciful to him—I had used no threat to him—I cautioned him not to say any thing, nor did I promise him any thing—he seemed quite dejected and very penitent—he got up and dressed himself—I found this knife in his pocket, and a scent-bottle—I asked him where the money was—he said it was in a bag in a cupboard at his brother's, and he would go with me and show me where it was—he dressed and went with me, and his brother gave me a bag with 16l. in it—he then stated that he was extremely sorry for what he had done, it was his first offence, and he behaved very quiet—the bag contained different coins—I found a quantity of wearing apparel, which he said he bought with the money—he said he should never forgive himself, and stated that he got in at a passage about sixteen doors from Mr. Edwards's house, in George-street, and got into the back yard of a house sixteen doors down George-street, which would lead to the back of Mr. Edwards's house, between eleven and twelve at night—he got over several garden walls, and secreted himself in a water-closet, and about one o'clock in the morning he got over another wall till he came to a very high wall, where he got up find caught hold of the window-sill, which gave way, and he fell back, that he after wards got over a wall to Mr. Edwards's wall, and let himself down there with a rope—he then went up to a back window, and with a screw
driver which he had borrowed, he succeeded in removing the bolt, and got into the back parlour through the door—that he went and opened the street door, so that if he had heard any body coming down he could have got away—that he then opened the bureau, and took the money out—I am quite sure he told me all this without any promise or threat—he told about twenty people about it as well—he said he took the medicine basket, but threw that away in the fields near Holloway—that he was very sorry for what he had done, and could not account for it, but he hoped Mr. Ed wards would be merciful to him—this paper is his writing (looking at one)—I saw him write part of it—the gaoler of Marylebone Office received it from him in the cell—I can swear it is the prisoner's writing, because I have got some of his writing at home—(a letter I saw him write)—I saw him write part of this—the words are the same as those I saw him write he said he was going to write to his master to ask his forgiveness—I saw him write a letter at Wolverhampton—this is dated Birmingham, but he wrote it in London—I brought him to town—this letter was written at the police-station in Judd-street, New Road, after I brought him to town—the letter I saw him write at Wolverhampton was in pencil—to the best of my belief the rest of that letter is his writing—I firmly believe it to be his—I saw him write so far as "So help me God"—I have the letter he wrote at Wolverhampton—he gave it me for his brother-in-law—I have kept that ever since—I showed it to his brother, but did not part with it.
Mr. EDWARDS re-examined. This is the knife I missed from my house—it was in my chest when I went to bed that night—this canvas bag also I missed on Thursday morning—I believe it to be the same—I have had it some time.
(Letters read.) "24th of August.—Dear brother, believe me that when I came to Mr. Hampton I had not the least idea of getting you into trouble, but I hope God and yourself will pardon me this crime. Oh! I wish I had not been blinded, or I should never have spent last night in the cribb; for believe me, it was the first time I have been in any station house or other place of confinement during my life. I thank you for the coffee and bacon, and your kindness. Pray to God that I may have a mild punishment; and I do declare in the Almighty's presence, that as this is my first offence, so it shall be my last, even if I die of hunger through it Give not vent to grief, you knew nothing of it. You received me into your house through ignorance. Forgive me, and may God bless you instead of letting you down through me, is the prayer of G. M. Evans. Sally has 8s. for the trowsers, and 3s. 6d. for Monday's work; keep that yourself."
"To Mr. Joseph Edwards, Marylebone-street.—Sir, I most humbly crave your forgiveness for this transaction, and beg your clemency and mercy—and the following was what I was going to do with the money. So help me God. I was going to trade next week with 15l., in order to pay you at 1l. a-week, the following: 22l. 4s. 6 1/2 d. stolen—for opening each door, 5s.; 2 drawer-locks, 1l.; till-lock, 10s.; total, 24l. 4s. 6 1/2 d. 12l. 2s. 3 1/4 d. interest for one year, being interest at 50 per cent., would make 36l. 6s. 93/4d.; and believe me, that had you lodged 1000l. in the drawer I should not have taken more than 30l.; but, Sir, I beg mercy at your hands, you knowing that hitherto my character was irreproachable, as you yourself can testify. Most humbly I beg forgiveness, and hope you will plead for me in the Court of Justice, as pure poverty is the cause
of my committing that depredation upon your premises. Forgive me as a father, as a friend, as a master, not with any punishment, but let it be treated summarily by the magistrate.—I remain, yours, J. M. Evans, Birmingham, 24th August, 1837."
GUILTY . Aged 19.—Recommended to mercy by the Prosecutor, being his first offence.— Death Recorded.
Before Mr. Justice Patteson.
2057. THOMAS YOUNG , the younger, was indicted for feloniously breaking and entering the dwelling-house of Joseph Kerschner, on the 4th of August, at Enfield, and stealing therein 2 gowns, value 3l.; 1 shawl, value 5s.; 1 apron, value 5s.; 1 cloak, value 3l.; 1 tippet, value 3l.; 2 neckerchiefs, value 4s.; 1 pair of trowsers, value 10s.; 1 waistcoat, value 5s.; 4 pairs of gloves, value 2s.; 1 shirt, value 10s.; 6 pairs of stockings, value 6s.; 1 handkerchief, value 1s.; and 1 ribbon, value 6d.; his goods; and that the said Thomas Young had been before convicted of felony.
MR. CLARKSON conducted the Prosecution.
JOHN KERSCHNER . I live at Enfield, and keep a small cottage there. On Monday, the 4th of August, I left Enfield by the morning coach, about a quarter after nine o'clock—I knew the prisoner by sight at that time, and knew his sister was living at a short distance from my house—I saw her in front of the house, carrying some water, when I left my house that rooming—I gave her some directions in case my bell should be rang—I returned about ten minutes or a quarter after eight o'clock—I went into the house by the front door, which was all safe as I had left it—there is a door at the top of the stairs leading to the kitchen—I had left that shut, and found it wide open—I got a light immediately, and examined the premises—I found a cupboard door, which was closed in the morning, wide open—I missed a pair of trowsers from a clothes horse—I went into the bed-room, and found a screw-driver—I know the prisoner's father—he is a carrier from Enfield, and I frequently employ him—when I saw the screw-driver I knew I had seen it within six or seven weeks before—there was a box and portmanteau in the bedroom—I missed from them two dresses, a silk shawl, an apron, four pairs of gloves, six pairs of stockings, two handkerchiefs, and a waistcoat; also a cloak from the parlour, and a fur tippet—I examined the house, and found the kitchen window had been broken—I compared the screw-rdiver with the putty, and found it had been cut with the screw-driver outside, and nearly a whole square of glass taken out—that window was quite whole when I went out—I compared the screw-driver with the impressions, and they corresponded—that would enable a person to unfasten the window, and get in with the greatest ease—I gave information to Mead the constable directly—on Sunday, the 10th of September, I accompanied him and another officer to Harlow Bush Fair in Essex, and to the booth of Thomas Stevens—in consequence of a conversation between Stevens and Watkins, Stevens produced a bundle containing most of my articles, and gave an account of how he became possessed of them—the property lost is decidedly worth more than 5l.—about 11l. 9s. at the least—the cloak is worth 3l.; the silk dress 2l., (it is quite new,) and the fur tippet 3l.—they were the articles I lost—I had seen them the night before.
entertained and information I received, I accompanied him and Watkins to Harlow Bush Fair, on the 10th of September, and had a conversation with Stevens, who produced to me some property, which I produce—I afterwards took the prisoner into custody at Waltham Abbey, on Monday the 11th—I told him I wanted him, and I was going to put the handcuffs on him—he said, "You have no occasion to do that, I will go with you without"—I told him I wanted him for Mr. Kerschner's robbery.
THOMAS STEVENS . I attend fairs with a drinking booth. My father lives at Barking, and keeps the large booth called the Crown and Anchor—on Tuesday morning, the 5th of September, the prisoner came to my marquee at Southgate, between seven and eight o'clock in the morning, and wanted to borrow 2l. of me—I said, "Not without security for it"—he produced a bundle from under his arm, put it on the ground, and said, "I have got a bundle which belongs to my sister"—he put it down, and I gave him the 2l.—I knew that he had a sister, and that she had some money recently left her—I advanced him the 2l. on this property—I opened the bundle—he said if he brought the 2l. again he must have the bundle, and if he did not, I was to give him 10s. more, and keep it—I heard nothing more of him till the prosecutor came to my booth at Harlow Bush Fair, to ask if I had any property belonging to the prisoner—I said I had, and produced it—I delivered it up, and attended before the Magistrate—I had only known the prisoner about a week—I knew he worked at my uncle's before that, but I had not seen him myself, and did not know his person—I have seen him working for my uncle at Epsom races in May—that was the beginning of my acquaintance with him.
Prisoner. Q. Who worked for you at Ascot races and Epsom, if you only knew me a week? A. Not you—you did not work for me at Fairlop—my uncle erects stables and takes in gentlemen's horses, and I attend fairs with booths.
MR. KERSCHNER re-examined. Q. In whose possession had you last seen the screw-driver, before you found it in your house? A. The pri soner's father's—he lives with his father occasionally, but not always—he had been for some days before that in the village—I have examined all the articles produced—they are part of what I lost.
GUILTY of breaking and entering, and stealing under the value of 5l . Aged 22.— Transported for Fifteen Years.
Fourth Jury, before Mr. Recorder.
2059. JAMES HENLEY alias SUTTON , was indicted for stealing, on the 23d of August, 1 gun case, value 2l.; 1 gun, value 25l.; 1 powder flask, value 1s.; 1 shot belt, value 1s.; 1 shot bag, value 1s.; 1 rod, value 2s.; and 1 gun screw, value 3s.; the goods of Henry Heritage, to which he pleaded
GUILTY . Aged 63.— Confined Twelve Months.
2060. ANN MURRELL was indicted for stealing, on the 27th of March, at S t. Pancras, 5 table cloths, value 2l. 10s.; 1 muff, value 1l. 5s.; 1 watch, value 1l. 10s.; 4 shirts, value 1l. 10s.; 1 tea caddy, value 6s.; 9 yards printed cotton, value 11s.; 2 gowns, value 7s.; 7 knives, Value 4s.; 7 forks, value 3s.; 1 tea pot, value 4s.; 2 cups, value 6d.; 2 saucers, value 6d.; 4 1/2 yards of ribbon, value 4s.; 12 yards of lace, value 4s.; 1 bunch of artificial flowers, value 1s. 6d.; 2 printed books, value 1s.; and 1 spoon, value 4s., the goods of James Kennedy, her master, in his dwelling-house; and CATHARINE MURPHY for feloniously receiving the said goods, well knowing them to have been stolen.—2nd COUNT, for receiving them of a certain evil-disposed person.
MILICENT KENNEDY . I am the wife of James Kennedy, who is at New York. The prisoner Murrell came into my service as cook on the 15th or 16th of March, and left on the morning of the 27th, between one and seven o'clock, without notice—she had said once in the course of the week that she should not stay—I missed the articles stated in the indictment—I have since seen some of them in the hands of Nash, a pawnbroker—I have seen the gown, 2 caps, and some other things produced by Redford—the value of all I lost is upwards of 7l.—I am quite sore it exceeded 5l.
JOSEPH PARKER . I am a pawnbroker, and live at Lambeth Marsh—I produce some cotton, a petticoat, and apron, which was pawned on the 29th of June for 5s., in the name of Mary Buckley—I have seen the prisoner Murphy, but do not know who pawned the articles.
HENRY NASH . I am in the employ of Mr. Masland, a pawnbroker in Westminster-road—I produce a tea-pot, some knives and forks, a tea-caddy and some books—the tea-pot and caddy were pawned for 3s. 6d. in the name of Murray, and the knives and forks for 2s. 6d. in the name of Murrell—I have seen Murphy, but I cannot say who pawned them.
THOMAS WILLIAM REDFORD (police-constable L 52.) I apprehended the prisoners together in Blackfriars-road, on the 19th of August, and took them to the station-house—I asked them if Murrell had lived with a lady named Kennedy, in Bernard-street, Russell-square?—she said she never lived there, and did not know such a lady—I asked the other prisoner if she knew that her daughter lived there—she said she was her daughter, but never knew of her living there—I went to a lodging in a court leading from Broad wall, and found two cups, a saucer, and other duplicates relating to the books produced by Nash—I knew Murrell lived at that lodging—I found some duplicates on Murphy relating to the tea-pot and other things produced by Nash—here is a duplicate of a petticoat, and apron, and two gowns—I obtained the gown from a pawnbroker—I produce the duplicates—I asked Murphy how she got the tea-pot and caddy which the duplicate related to, and she said she had had them a long time.
Murphy. I said I had had the duplicate a long time.
Witness. She said the articles were her own, and she had had them some time, and said she had pawned them—I found several duplicates on Murphy, but none on Murrell.
MRS. KENNEDY re-examined. My house is in the parish of St. Pancras—I rent the whole house—I have not calculated the value of the articles produced—I have not found the most valuable part—those found are not worth 2l.
MRS. KENNEDY. I never saw Murphy at my house—a woman called
on Murrell one Saturday night, but I don't know who she was—I had forbidden Murrell having any followers.
Murrell's Defence. I assure you, my Lord, I had not taken the things—I had told Mrs. Kennedy on Saturday night that I should leave her house, as it was a very different place to what I was accustomed, and she gave me 5s.—my fellow-servant was well aware I was going.
Murphy's Defence. I know nothing about it—the duplicates were given to me by a woman who lodged with me, of the name of Mary Murray—she sells hearth-stones—Mrs. Kennedy has sworn to the articles which are not hers.
MRS. KENNEDY re-examined. I never gave Murrell 5s., and was not aware of her going—I positively swear to this tea caddy.
Murphy. You have sworn to a dress which is too small for you. Witness. Yes; it would not fit me in the state it is now; it has been altered—I have the fellow to it, which belongs to my daughter—I have things to match the other articles, the knives, and forks, and things.
MURPHY— GUILTY on the Second Count. Aged 44. Transported for Fourteen Years.
MURRELL— NOT GUILTY .
2061. ISAAC DODMAN was indicted for stealing, on the 29th of August, at St. Marylebone, 1 pepper-box, value 1l. 10s.; 1 pair of sugar tongs, value 1l. 10s.; 3 spoons, value 1l.; 1 sugar basin, value 2l. 10s.; and 1 mustard pot, value 4l. 10s.; the goods of Thomas Dowbiggin, in his dwelling-house; and that he had been before convicted of felony.
JOHN FURLONG . I am an inspector of the S division of police. On Tues day, the 29th of August, I was passing up Grove-end-road, St. John's Wood, and saw the prisoner—he appeared very confused—I stopped him and asked what he had got—he said he had got a top in his pocket—I put my hand into his pocket and took out this silver pepper castor—he then produced some silver sugar tongs, a tea spoon, and salt spoon—the tea spoon had been just used to make mustard, and there was pepper in the pepper box—he said he found them at Hampstead—the mustard pot, sugar basin, and another tea-spoon, lost at the same time, have not been found.
SARAH ANN TERRY . I have been visiting at Mr. Thomas Dowbiggin's, at Abercorn Lodge, Edgware-road—I know all these articles to be his—they were used on the 29th of August, at two o'clock, at dinner—I noticed them on the sideboard, with other articles, in the dining-room, and missed them between three and four o'clock, with a silver sugar basin and mustard pot—all the articles missing were worth about 8l.—I saw the prisoner about dinner time crossing a field, about six yards from the house, which is in the parish of St. Marylebone—part of the articles were used at dinner—dinner was over at two o'clock—I saw the whole of the articles before dinner and just after.
Prisoner's Defence. She stated she did not know at what time she lost the things—I picked them up coming across the path by Hampstead—I saw some man running across the fields—the policeman asked me what I had, and I said a pepper-box.
THOMAS HARRISON (police-sergeant D 14.) I have a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—I was present here when he was tried—he is the man who was convicted of the offence here stated (read)—it was for having a counterfeit mould in his possession.
GUILTY of stealing under the value of 5l . Aged 18.— Transported for Life.
2062. WILLIAM MORGAN MORDECAI was indicted for stealing, on the 18th of June, at St. Andrew, Holborn, 9 sovereigns and 6 half sovereigns, the monies of Peter M'Lachlan, his master, in his dwelling house.
PETER M'LACHLAN . I am a baker, and live at Holborn-bars, in the parish of St. Andrew. I rent the house—the prisoner was in my employ about five months—on the 18th of June I left the house, leaving a little girl at home—before I left I had occasion to go to a drawer in the parlour, and saw a bag containing 12l. in sovereigns and half-sovereigns safe—I locked the drawer—this was about eight o'clock in the evening—I returned about a quarter past eleven o'clock, or very shortly after, and I observed the drawer had been opened—I found a knife outside the parlour door which I bad left in the bakehouse—the prisoner was gone when I returned—he had given me no notice—I saw him the next time in custody at Bow street about two months after—my premises are in the City.
SARAH PERRY . I am fifteen years old, and live with my mother, in Plough-court, Fetter-lane. In June last I was left by Mr. M'Lachlan to take care of the house, and about an hour after he left, the prisoner asked me to fetch him a quartern of gin—I refused, and told him to go himself—he said, "Fetch it in a pint pot and nobody will see it"—shortly afterwards he sent me for a pint of beer—I was gone about five minutes, and he kept me at the door about five minutes before he let me in—I said, "William, why did you not open the door when I first rang?"—he said, "I have been down in the bakehouse to look after some rhubarb"—he went up stairs and brought down a small parcel and his clothes, and said, "When master returns, tell him I will be home in half an hour"—he then left, and I did not see him again till he was in custody—nobody had come into the house from the time the prosecutor had left till the prisoner went away—I had gone out at the prisoner's desire, and when I returned he went out.
JOSEPH SHACKELL . I am an officer of Bow-street. In consequence of information I received I went to Bristol, and received the prisoner in charge there—on the way to London I spoke to him—I neither threatened nor made him any promise—I asked him how he came to leave his master—he said he did not know what tempted him to do so, but he was very sorry for what he had done—next morning he told me he was very sorry for it, that he had squandered the money away, that he went to Bristol and Portsmouth, and then to London and back again to Bristol—I applied the knife found at the prosecutor's house to the drawer, and it appeared likely to have made the mark.
PETER M'LACHLAN re-examined. The prisoner was with me about five months—I had no character with him, but he behaved very well while with me up to this time—I do not know how he became aware of my having money in that drawer.
GUILTY . Aged 17.—Recommended to mercy in consequence of his previous good character.— Transported for Life.
2063. PATRICK FAGAN was indicted for stealing, on the 21st of August, 2 waistcoats, value 16s., the goods of Robert French Burnett: 1 waistcoat, value 10s.; and 1 handkerchief, value 4s.; the goods of William Mackey Burnett; and 1 pair of stockings, value 6d., the goods of Mary Ann Flick.
AMOS PURCHAS . I live in Pear Tree-court, Clerkenwell. I have been working at 19, Cornwall-terrace, Regent's-park—the prisoner was at work there as a labourer. On the evening of the 21st of August, I saw him on the third floor of the house—he came out of a room I had been at work in—it was a bed-room—he was a slater's labourer, and had no business there—I saw him tucking something white into his trowsers—I told Hawes the foreman of it, and afterwards told the prisoner he had been taking something out of that room, and wished him to put it back again—he said it was nonsense—Hawes said I had better fetch a policeman, and then he took a white waistcoat out of his trowsers, and went and put it back into the drawer—he came out on the landing-place then—I suspected he bad something more, and told him so—he denied it—I was told to go and tell the footman—he then said, "Oh do not hurt a poor man, "and he would put it back—he then took one waistcoat from his right side, and another from his left, and put them back into the drawer—he was going away, and came out on the landing again—I was not satisfied then that he had given up all he had got, and on looking at him I saw something red in his trowsers pocket, and took out a silk handkerchief—I then gave information to Hawes, who sent me down to the footman, and I told him.
Cross-examined by MR. PAYNE. Q. Where were you when you first saw him? A. Coming from the second floor to the third—he appeared either a little in liquor, or stupid, from being tipsy the whole of the day—it certainly struck me as odd that he should stuff himself with waistcoats and things—Hawes saw him with the property—I did not know him at all till he came there to work—I had no dispute with him—I cannot say he was sober—he had not more than three pints of porter that day, to my knowledge—he did not get off—I prevented his doing it—I believe he has a wife and family—he seemed a hard-working man—I never saw any fault in him whatever—I did not see where the articles were before—the family were out of town.
JAMES HAWES. I was employed as a carpenter in the house—Purchas told me his suspicions, and I came up, said to the prisoner," If you have any thing about you, you had better put it back, it will be better for you"—he then said, "I have not got any thing"—I said, "If you have, you had better put it back"—he then went back into the room, pulled a white waistcoat from his trowsers flap, pulled the drawer out, and threw it in—he then went on the landing, and Purchas charged him with having something else—he denied it—Purchas said he had—I said I would send for a policeman—he then said, "Don't hurt a poor man"—I said, "Then put it back, "and he threw two waistcoats from his bosom into the drawer, and came out of the room on to the landing—Purchas charged him with having something else, he saw a coloured handkerchief in his pocket, and drew it out—I said, "What! do you call this nothing?" and sent down for the footman.
Cross-examined. Q. Did the prisoner seem to be stupid at all? A. He seemed very stupid in the afternoon, and when he was on the roof I told him he had better go off, not thinking him fit to be there, as he might fall over.
WILLIAM JAY . I am footman to the family of Mr. Thomas French, of No. 19, Cornwall-terrace. Robert French Burnett and William Mackey Burnett arc his nephews, and it was their things which were taken, and Mary Ann Flick's—when I was called I asked the prisoner how he came to go into the room, and said I must go for a policeman—I went, and got one—when the policeman came in, I was in the hall, and a pair of stockings fell out of the prisoner's coat sleeve, belonging to Flick, the housemaid—the white waistcoat and handkerchief belong to William Mackey Burnett, and the other waistcoat to Robert French Burnett—they had a bed-room on the third floor, and another on the attic—the articles were taken from different rooms.
Cross-examined. Q. You know nothing of the housemaid's stockings, do you? A. I know her initials on them—I have seen them when she was mending them of an evening—I can swear to the gentlemen's clothes—I had the care of them, and put them away every morning—I have heard my master say his nephew's name was French Burnett—I have seen it written on paper, and clothes, "W. F. B.," and," R. F. B."—I have heard master call them by those names—I have seen "R. F. B." written in letters, but not at full length.
JOHN JONES (police-constable D 147.) I was fetched to Cornwall-terrace, and found the prisoner in the hall—he sat with his back against the bannisters, and said it was a bad job for him, and he would not have had it happen for 50l.—he dropped his coat by his side—I took it up, and the stockings fell out—he said if he had been sober he should not have done it; but he seemed sober at the time.
Cross-examined. Q. When was it you took him? A. At a quarter to six o'clock—he was quite sensible when I took him—he seemed to speak quite sensibly, and could walk about—he said he had been drinking overnight.
WILLIAM JAY re-examined. The carpenter took the waistcoats out of the drawer—I know these articles—I have seen the gentlemen wear them, and I have seen stockings like these mended—the stockings are marked "A. F.," but her letters are directed "Mary Ann" when they come to the house—I have been in the service four years and eight months, and the servant better than two years, and the young men been there ever since I have.
JAMES HAWES re-examined. The servant girl and I went up stairs, and I took the things out of the drawer, and gave them to the policeman from the drawer saw the prisoner put them in. (The prisoner received a good character.)
GUILTY . Aged 36.— Confined Twelve Months.
2064. WILLIAM COLLINS and BARTHOLOMEW CUNNINGHAM were indicted for stealing, on the 19th of August, 1 watch, value 3l.; 1 chain, value 1s.; 1 seal, value 18d.; and 2 keys, value 1s.; the goods of George Cornish, from a vessel on the navigable river Thames.
GEORGE CORNISH . I belong to the ship Spartan, which laid at Blackwall. I had a watch worth 3l.—on Saturday, the 19th of August, I left it in the forecastle deck, and went to the head of the vessel—the prisoners were employed in heaving ballast out of the vessel—I missed my watch, and asked them if they had seen it—they said they knew nothing of it—I have since seen it in the hands of Blyth—it has two keys and a seal to it.
noon, the 19th of August, I went on hoard the Spartan—there were two barges taking in ballast at the time—the prisoner Cunningham was inside a barge alongside the vessel—I told him I had come down in consequence of the prosecutor having lost his watch on board—that he believed some of the ballast-men had got it, and I should search all of them—he made answer, with another man in the barge, that they could answer for them selves that they had not got it—Sherwood, a policeman, was with me—I told him to search them in the barge while I went on board the ship—I was called back, and Sherwood delivered me a watch, in Cunningham's presence, and said, "I have found the watch on this man"—I asked Cunningham how he came by it—he said a man named Collins gave it to him—Collins was sent for, and I told him what Cunningham had said—he said, "No, I did not give it to him"—Cunningham said, "You know very well you did give it to me; why do you tell any story about it?"—I told Collins to come down into the craft—he then said he did give him the watch, that he picked it up, and Cunningham begged him to give it to him, that he said, "We had better give it up; there will be some inquiry about it; "but Cunningham said, "No; give it to me; I will take care of it."
Collins. I said, yes, I did pick it up, and gave it to him. Witness. He did not say so at first.
WILLIAM SHERWOOD . I am a Thames police-constable. In consequence of Blyth informing me of this, I searched Cunningham, and found the watch concealed under the waistband of his trowsers, with his handkerchief wrapped round it—I asked him what it was—he said the watch—I asked how he came by it, he said a man who was at work with him gave it him—I asked his name, he said William Collins.
Collins' Defence. There were thirteen of us at work occasionally—I went to the head to****—this man went to do the same—and I saw the watch lie between the spars—I picked it up, and said "Here is a watch I have picked up"—the man said, "Is it, give it me to keep"—I said, "No, I will give it to who it belongs to," but at last I gave it to him—I fell asleep, and knew nothing till I was called up by the officers, who asked if I had given him the watch, and I said, "Yes. "
Cunningham's Defence, I had occasion to go to the head of the vessel—this man did the same, and as he got up he sung out, "I have got a watch"—I said "Where is it"—he said, "Here it is "(taking it out of his waistcoat pocket,)" Will you have it"—I sat for a bit, but I considered it might belong to my master, who had been on board the ship, and said I would take it, but if he heard any inquiry about it, to say it was safe—I was afterwards ordered not to loiter about the ship, and heard no inquiry about it—while it was in my possession, which was two or three hours, I had plenty of time to make away with it, but I kept it for any man who claimed it.
GEORGE CORNISH re-examined. I had not dropped my watch—I left it on the forecastle deck—I put it where I could reach it with my hand—I went back after it, and it was gone, and am certain the prisoners heard me inquiring for it—the whole of the men were asked about it—not one more than another—the vessel was afloat in the river at the time.
CUNNINGHAM. GUILTY .—Aged 30.— Confined One Year.
COLLINS— NOT GUILTY .
NEW COURT.—Wednesday, September 20th,1837
Sixth Jury, before Mr. Common Sergeant.
HON. MR. SCARLETT and MR. BODKIN conducted the Prosecution.
GEORGE ANTHONY . I am an accountant, and live in Crescent-street, Euston-square. I recollect on the 12th August being in Cleveland-street, New-road—I saw both the prisoners—I had known them before as being charged with an offence of this sort, and I watched them, and they walked along Cleveland-street till they came to a chandler's shop—West went in, and Russell and another who was with them went on—in a few minutes West came out, and joined them—they went on, West going into several shops—when they got to the corner of Mortimer-street, Russell took something from his righthand pocket and gave it to West—they went on to Poland-street, where they all three stood in conversation, and then went on to Walker court, where Russell again gave something from a piece of paper to West—I then saw West go into a baker's shop, and come out with a loaf in a handkerchief—I gave the policeman information, and he took Russell—I saw Russell throw something behind him, which the constable picked up—I pursued West, and was present when he was secured.
Cross-examined by MR. JONES. Q. Where is your office? A. I have no office—my place of business is at my dwelling, at 25, Crescent-street, Euston square—I lodge on the first floor—I have been clerk to many respectable men in this town—it is twelve months since I was last in business as an accountant—I have been on my own account since I left my last employer—I have never been a police-officer—I have been a special constable of the City, about ten years ago—I never acted regularly as a constable—I was on duty during Bartholomew fair time—I was never discharged from being a constable—I was not in weekly pay, I was paid by the day, for the time being—I was never employed by the Mint before—I was not on the look out for charges—I was going to Paddington on business—I have been a witness here many times—I will not swear I have not been thirty times—I have not got my living by being what is called a cad to the policemen—I have not been in this Court for two years—I have not lately applied to be made a constable of the City—I am in expectation of a situation at Birmingham as a constable—I have not been refused—it is six weeks since I applied—I never applied in the City.
MR. SCARLETT. Q. Are you known to the Governor of New gate? A. Yes, and the superintendent of the City police—they have not recommended me.
ELIZABETH LAKER . I am the wife of Edward Laker, he is a baker, and lives in Crown Court I remember on the 12th of August, seeing the prisoner West about three o'clock in the afternoon in nay shop—he came for a loaf of bread—I gave it to him—the price of it was 4d.—he offered a crown-piece—I examined it and agreed to take it—I gave him 4s. 6d. and 2d., and he took the loaf away—I dropped the crown into the till among the coppers—there was no other silver there—I took it out in two minutes, in consequence of some information—I then went to the station-house, and saw the two prisoners there—I gave the crown-piece to the officer—when the prisoner took the loaf, he tied it up in a dark red coloured handkerchief.
Cross-examined. Q. I believe you doubted this crown-piece at first?
A. Yes; I looked at it, and said to the prisoner, "I don't think this is a good one"—he was followed in by another respectable looking man—as I objected to it he took out of his pocket 3 1/2 d., and said that was all he had.
JAMES COVINGTON (police-constable C 9.) On the 12th of August, I was on duty at the station-house—the prisoners were brought there—I produce a counterfeit crown-piece which I received from Elizabeth Laker.
TIMOTHY GIBLETT (police-constable C 95.) I was on duty in Rupert street, and saw Anthony—I went into Princess-street, and saw the two prisoners come from a public-house at the corner of Compton-street—they went to Little Crown-court, and then returned, and West had a half quartern loaf in this handkerchief—Anthony joined me, and we went into the public-house where I found Russell, and took him into custody—the moment I took him he threw something from his hand in a bit of paper—I picked it up—it was a crown-piece, which I have here—I attempted to secure West, and he left the handkerchief and loaf behind him, and made his escape out of the door—he left the handkerchief with the loaf in it.
WILLIAM M'KENZIE (police-constable C 182.) I was on duty in Windmill-street, and saw West running—there was a cry after him—I stopped him, and asked him what he had been doing—he said "For a crown piece"—I asked him where—he told me, and said he would go round and settle it—Anthony came up, and I took West to the station-house—I searched him and found 4s. 6d. and 2d., in one pocket, and 3 1/2 d. in another, and this crown piece in his mouth, which is a good one—he was then locked up, and on his way to Marlborough-street, he asked me who would be there, I said I believed Mr. Powell—he said, "I am glad of that, I would sooner see Mr. Powell twenty times than Field once."
Cross-examined. Q. You thought it quite right to have this conversation with the man? A. He asked me himself who I thought would be there—I asked him what he had been at—we were obliged to put a knife handle into his mouth to get the crown-piece out.
Russell's Defence. I was taken in Wardour-street, five minutes' walk from the public-house—when they took me to West they kept me while they went out, and then I was taken to the station-house—I was not drinking with this prisoner in the house.
WEST— GUILTY . Aged 26.
RUSSELL— GUILTY . Aged 19.
Confined One Year; Three Months Solitary.
HON. MR. SCARLETT and MR. DOANE conducted the Prosecution.
ANN DETHICK . I am the wife of William Dethick, he keeps the Sun and Punchbowl public-house, Long-lane, Smithfield. I was in the bar on the 29th of August, a little after eleven o'clock at night—I saw the prisoners come in—Harrison asked for half a quartern of gin—I served him—he laid down on the counter a crown-piece—I saw it was bad immediately—I occupied their attention, and sent for my husband, who was up-stairs—he came down, and I gave him the crown-piece—the gin stood on the counter five minutes, while they thought I was going to give change, and Day said to
he other, "Drink, it is all right," then they both drank—there was a young man at the bar, but not where the gin was.
Cross-examined by MR. CHAMBERS. Q. How long were they there altogether? A. I dare say it might be ten minutes till they were taken to the watch-house—there was only them at the bar—they were dressed as they are now—I think Day was—Harrison had an apron—they were standing—I mentioned the observation about its being all right to Mr. Powell, and at Guildhall—I did not see either of them drink, but the gin was all drank.
WILLIAM DETHICK . I am the husband of Ann Dethick. I was up stairs in my house on the 29th of August—I was called down, and found the prisoners at the bar—I got a five shilling piece from my wife—it was bad in my judgment—I took and collared the prisoners, dragged them into the box, and told them I wanted them—I said they were come before the fair—I sent for the watchman, and took them to the watchhouse—I gave the crown to Mr. Matthews, the constable of the night.
Cross-examined. Q. Was this shortly before Bartholomew Fair? A. Yes, four days before—they were a very few minutes in the box—the watchman was just outside—I was there.
JOHN MATTHEWS . I was constable of the night. The prisoners were brought by Watts, charged with having offered this bad crown-piece—De thick chucked down the piece and asked what I thought of it—I asked who passed it, and Harrison said it was him—Day said he was innocent of it, and threw down a good shilling and 2d.—I said, "I must search you" they both said, "You may search and welcome"—Harrison had an apron on—I told him to untie it, which he did—as he did so, he passed his right hand behind him, while I put my hand into his rightband waistcoat pocket—Day was close behind him, and after Harrison put his hand behind him, Day went back towards the seat, and then came up again, unbuttoned his coat, and said I might search him—I found nothing on Harrison nor on Day but the shilling and 2d.—this is the crown-piece.
Harrison. When he was searching me Day was full six feet from me—there were four or five watchmen present. Witness. There was only one watchman, who brought him in—no one was assisting me at all—the publican was just at the door—he did not come near you—the watchman was on the left hand side of the door—they went out and consulted together, and left the prisoners there.
Cross-examined. Q. Is that true? A. They did consult, but I did not go out—Mr. Dethick went out, but I and the watchhouse keeper remained there, and Watts and two others, I believe—there were four or five persons—Mr. Dethick felt some hesitation about pressing the charge against Day.
WILLIAM AMPHLETT . I was on duty at the watch-house. I saw Harrison brought in by Watts, and saw Matthews search him—when he was being searched, Matthews ordered him to untie his apron, which he did, and put his right hand behind him, and Day was standing close to him—after Day stood close to him, he fell back to the seat and sat down—he then came back again immediately, and said, "You may search me and welcome"—they were then taken to the Computer—I picked up a five shilling piece close to where Day sat on the seat, and another where his feet were, wrapped up in a bit of paper—Harrison was at the table—I have the money—from the time the prisoners had been taken out, till the time I found the two counterfeit crowns, there had been no other person in the
watchhouse—it was half an hour or three quarters after they left before I found it.
Cross-examined. Q. Will you tell me who was there when Harrison's apron was untied? A. There was Watts, the watchman, and Matthews Mr. Dethick and his waiter, and Mr. Strays, who keeps a beer-shop—the watch-house is very small, not much larger than that table—the seat lies along by the window—it might be ten or a dozen yards from the door—they had been there five or six minutes before this took place—the prisoners had not been in the same place all the time—Harrison stood up, and Day sat down.
Cross-examined. Q. You have been many years connected with the Mint prosecutions? A. I have, and see persons who are engaged in this traffic—I know nothing whatever against Day.
HARRISON— GUILTY .— Confined One Year; Three Months Solitary.
DAY— NOT GUILTY .
HON. MR. SCARLETT and MR. DOANE conducted the Prosecution.
MARY ANN HAINES . My husband keeps a stationer's-shop in Myddleton quadrant, Clerkenwell. The prisoner came on the 4th of August to my shop, and asked for four penny sheets of writing-paper, he tendered a half-crown—I observed that it appeared very bad—I did not say any thing, but I went into the parlour, under pretence of fetching change, and sent for a policeman—I told the prisoner I thought it was a very bad one—he said he was sure it was not—I asked him where he came from—he said his mistress sent him—I asked who his mistress was, and where she lived—he told me in Whiskin-street—I told him I should not give up the half-crown, as it was bad, but to send his mistress to me, and if she was a respectable person I might give it up—he then said it was his own, and I had no right to keep it—I then went to the door, and gave it to the policeman.
SARAH TILLEY . My husband is a baker, and lives in Tottenham-court-road. About ten o'clock, on the 15th of August, the prisoner came into my shop for a loaf—I weighed it for him, it came to 4d.—he gave me a half crown—I looked at it, and told him I thought it was not a good one—he said it was—I had no change—I called my little girl, and sent her with it—a policeman and Mr. Bower came in with the girl, and the prisoner was taken.
HARRIET ALICE TILLEY. I am the daughter of Sarah Tilley. I got the half-crown, and took it to Mr. Bower, the grocer, and asked for change—it was not out of my sight till the policeman took it—it is the same half-crown I got from my mother.
Prisoner. She never saw it from the time it went out of the shop till it got to the police-station. Witness. I gave the half-crown to Mrs. Bower.
GUILTY .— Confined One Year; Three Months Solitary.
HON. MR. SCARLETT and MR. DOANE conducted the Prosecution.
RICHARD CHAMBERLAIN . I work in Covent-garden market; there is a person there of the name of Jewell, a market-gardener. On the 26th of August I was selling raspberries for him—the prisoner came up, and bar gained for two baskets of them—she offered a half-crown—they came to 1s.—I said, "This is a bad one," and Jewell took it from me.
GEORGE JEWELL . I am a salesman. I was present when Chamberlain took the half-crown—I took it out of his hand, and said to the prisoner," It is a bad one, I will give you in charge"—I called the policeman, and he came and took her—she was taken to the station-house—I held her fast by the bosom—she did not attempt to run away—I gave the half crown to Goddard—I marked it—he searched her, and found a tobacco pouch, and a counterfeit shilling in it.
Prisoner. I went early that morning to buy garden pots, and went to the public-house, and bought 1d. of rum, in coming out, my foot stumbled over this tobacco pouch, and I saw what was in it—I put it into my bosom—both the half-crown and the halfpenny were in the pouch, and I bought some garden pots with it—this is my first offence, and I am innocent.
GUILTY .— Confined One Year; Three Months Solitary.
WILLIAM DANIEL STEVENS . I reside at No. 79, St. Martin's-lane, and am an artist's colourman. The prisoner was in my employ. On the 13th of August, as he was coming out of my shop, I charged him with having some of my property—I had missed some—when I stopped him, he pulled out these brushes from his trowsers, and begged me not to send for a policeman—he said it was the first he had ever taken, and these were all—he was searched in my presence, and some more small brushes were found on him—these are all mine—he was not authorised to take them.
Prisoner. These small ones are not his—the large ones are his, but I took them to show to a gentleman—his wife has repeatedly allowed me to take out goods to show. Witness. He never was authorised to take any out—these small ones are mine, as well as the others—I have no doubt of it at all—I have agreat many more of the same description exactly.
Prisoner's Defence. You may find them at every shop in London—I got them from the maker myself, William Neville—I never defrauded my master of a sixpence.
GUILTY . Aged 33.—Recommended to mercy by the Jury and Prosecutor. Confined Three Months; Three Weeks Solitary.
2070. EVAN JONES was indicted for forging and uttering a request for the delivery of 3 1/2 yards of woollen cloth, with intent to defraud Richard Harris and another: also, for forging and uttering a request for the delivery of 3 1/2 yards of other cloth, with intent to defraud Richard Harris and another; to which he pleaded
GUILTY . Confined One Month; One Week Solitary.
(The prisoner received a good character, and Mr. W. Smith, a pork butcher, of Bethnal Green-road, engaged to employ him.)
MR. CLARKSON conducted the Prosecution.
WILLIAM BARTLETT . On the 19th of August I was in the employ of Mr. John Leschallas—he was repairing the parish church of St. Vedast, Foster-lane—the prisoner was employed by him—there had been some new lead carried there to repair the roof—I did not see it brought—I saw it there on Saturday the 19th—twelve o'clock was the hour the workmen go to dinner—the plumbers staid till one—that was their hour for dinner—before one o'clock, I observed the prisoner going towards the Old Change with a large piece of lead on his shoulder—I knew he ought to have been at work, and I suspected him—I followed him—he went to Lambeth hill, nearly opposite the bottom of Old Change—when he got there, he threw the lead off his shoulder on a cellar-flap, where there are two doors which open—he put one end down, and it lodged upon something underneath—I think there were steps, because he went down—I then spoke to him, and asked him what he did there, and said I would have the lead brought back directly—he said it should, or part of it—I said I would have the whole of it taken back to the church—it was down before I spoke to him—he was going down the cellar, and I asked him what he did there—he said it was all right, would I go down into the cellar—I said no, I would not, I would have that lead taken back—then after a bit he got up, and said he could not carry it—I said, "You brought it down here, you shall carry it back again"—the man who was in the cellar came up, and helped it up on his shoulder, and when I got it back to the church I marked it—I gave the prisoner the preference either to go to the shop, or I would—I was going to the shop to acquaint the master—he said he hoped to God I would not say anything more about it, as it would involve others, or get others into trouble.
Cross-examined by MR. PAYNE. Q. What was the prisoner employed as? A. As a plumber—it was new milled lead—there was 182lbs. weight of it—I could not be deceived in seeing it on the man's shoulder—I do not know that I could carry it—I cannot say that it was the lead that was at the church—the prisoner was not taken into custody till the same night.
COURT. Q. Do you know the number of the house? I A. I do not know that I could tell it, but I could point it out.
JOHN LESCHALLAS . About the beginning of August I had a job to do at the parish church of St. Vedast—I had a great quantity of new milled lead there—on the 19th of August I saw a sheet, of which the piece here is a part, laid out, and the prisoner was cutting it out—in consequence of what Bartlett told me I had the prisoner taken into custody, but could not succeed till night, as the City policeman left him, and I sent for another—
the value of the lead was 30s. and upwards—the prisoner was a plumber, and was sent there to have a care over other plumbers—I had told him I suspected the others, and placed him there to work and look over them.
Cross-examined. Q. Then you had a good opinion of him? A. Yes, he had worked for me about eleven months, and I found nothing against him—I am quite sure this is part of the lead that was in the church.
Cross-examined. Q. Did he say any thing to you? A. He said, "Thank God, there is nobody in it but myself"—in going to the station house, he asked me what he had better say—I stated that at the office—I am not aware whether it is in the depositions—he said his master came down in the fore part of the day, and asked him if he had any silver in his pocket—he said he had two half-crowns and a halfpenny, and he had lent his master the two half-crowns and had no money to get his dinner, and that was the cause of his taking the lead—I have always made the same statement—this is my writing—the signature is my writing—(looking at his deposition)—it was read over to me—I did not observe any thing wrong—I told the clerk he bad not put in about his master borrowing money of him, and he said that it was immaterial.
GUILTY . Aged 32.— Transported for Seven Years.
CHARLES JARMAN. I am a tailor and draper, and live in Smithfield. About half-past six o'clock in the evening of the 19th of August the prisoner came into my shop, begging me to give him some list to tie up his stockings—I had a gentleman there—I said I had no one in, if he would wait a few minutes I should have—I returned to the counting-house, about two yards from where he was, and then he said, "I will look in again"—my foreman and son came in, and had occasion to go out again, after which the prisoner came in again—I said, "You are very unfortunate, my son and foreman have just gone out"—he said, "Yes, I know it"—he walked on two or three paces—I looked at him very hard, and said, "You shall not look in again"—I went behind the counter, and he said, "I will look in again, "and he ran off with the coat—I had had my hand on it not half a minute before—I saw him run away with it.
Cross-examined by MR. CLARKSON. Q. Did you tell the Magistrate you saw him run away with the coat? A. Yes, and it was read over to me, and I put my hand to it—I stated the case precisely as I have now stated it—I recollect the depositions being read over to me—I missed the coat not a minute after he left the door—I stood in front of the prisoner, close by him, with my hand on the coat—I went round the counter, not two yards from the prisoner—I stooped down to pick him a piece of list off the ground, and he ran off with the coat, and instantly my little boy came in, and said, "That boy is gone off with a coat"—I concluded he had had the coat because nobody else was there—ours is a shop of general custom—it was quite light—I do not believe we had one customer from five to half past six o'clock—this was a very excellent coat, the best I had in the place
—a coat I could not put together for 4l.—my foreman and son were in the shop at half-past six o'clock, but no one else, with the exception of Mr. Whiteman, of Long-lane, who was in the counting-house when the man came—I have not seen the coat since—I had no dealings with the prisoner before.
HENRY HERRING . I came from Mr. Matthews, in Ivy-lane. I was passing by the prosecutor's shop, and saw a boy outside talking to some body inside the shop—the prisoner was the person inside—I saw him come out—he said, "I will call in half an hour"—nothing came out with him the first time—he went in again, and came out with a coat wrapped up under his arm.
Cross-examined. Q. Did you tell the Magistrate you saw two persons talking? A. Yes, and they took it down—I am quite sure that I have seen the man that I saw with the prisoner before—I told that to the Ma gistrate, and it was read over to me—it was three weeks after that before I saw him again.
COURT. Q. The coat was stolen on the 19th of August? A. Yes—I saw him again in Turnmill-street, Clerkenwell—I went and told the gentleman.
NOT GUILTY .
2073. MARY ANN RUPKINS was indicted for stealing, on the 15th of August, 1 gown, value 5l.; 1 shawl, value 5s.; 1 brooch, value 1l.; 1 garter, value 6d.; 1 ornament, value 6d.; and 1 toy, value 1d.; the goods of John Gallott, her master.
ANN ELIZA GALLOTT . I am the wife of John Gallott, of No. 4, Bedford-street, Bedford-square—the prisoner was in my service. I think, on the 24th of August, I missed a gown and shawl—the officer found in her box a diamond brooch, and some trifling ornaments, and the duplicate of the gown and shawl were found in her pocket—not in my presence—this is all my property.
Prisoner, I own I pledged the gown and shawl, but meant to bring them back as soon as I got my wages—I know nothing of the things found in my box—it was always open in the kitchen where the children were—I have often taken things out of ray box and replaced them—I pawned this gown and shawl for food, as my mistress did not give me sufficient—I was kept up from six o'clock in the morning till one or two, till my mistress came home from the theatre.
MRS. GALLOTT. I never locked up any thing from a servant in my life—nothing was kept from her, she had plenty.
GUILTY . Aged 18.—Recommended to mercy by the Jury and Prosecutrix.
Confined Two Months; Two Weeks Solitary.
September, about one o'clock, I was called up—I had left my house se cure the night before—there is a wooden latch to my cellar, where I kept this property—I went down, and missed a round of beef and a leg of pork, from a pickling-tub—I had seen it safe at eleven o'clock the night before—the bag is here—it was in the stable—the beef was my property—I know it by a private mark on it—there happened to be a spot on it the size of a penny piece, and 1 cut that in two.
Cross-examined by MR. PHILLIPS. Q. That is not uncommon? A. I split it down, and happened to cut this mark in two—I have no partners—I was ordered to take the beef home, I took it, and sold it—it was corn-beef—it bad not been in above three or four days—I am a grocer and cheese monger.
WILLIAM THORNHILL . I am a watchman. On the 13th of September I was near the Bells public-house—I met George Johnson with the bag on his back—I asked what he had got—he said, "Nothing particular, Mr. Thomhill"—I said, "What have you got?"—he said, "Nothing but a few breeze"—I said, "Let me look at them," and taking the bag from his back, the lump of beef fell out—I took bag, beef, and man, and all.
Cross-examined. Q. Do you know where the prosecutor lives? A. Yes—I met the prisoner about half a mile from Mr. Haynes's house—the Bell is m the Uxbridge-road.
Cross-examined. Q. Do you know West Drayton? A. Yes—I know the Swan—I do not often drink there.
(The prisoner received a good character.)
GUILTY . Aged 20.— Confined Three Months; Three Weeks Solitary.
WILLIAM SIMEON . I live at No. 3, King-street, Portman square, and am a cutler. I had knives and other things in my window—I had a broken pane of glass, and these knives were put near it—I received information that two boys were running away—I went out and saw them, but could not catch them—these three knives are mine, and were taken from my window.
SAMUEL BALDWIN . I live at No. 4, Park-square Mew. I was passing, and saw these two boys running from the window, and the prosecutor after them—I pursued the boys, but could not catch them—I told the policeman, and he took them.
AMBROSE CHANNER (police-constable S 137.) I found the prisoner Dunn, in a passage—I called another policeman to stop Mitchell, which he did, and on Mitchell were found these three knives, and on Dunn a lucifer box.
Mitchell. Dunn gave me the knives after he stole them.
Dunn. No, I did not give them to him.
(The prisoner Mitchell received a good character.)
MITCHELL. GUILTY .—Aged 11.— Confined Four Days and Whipped.
DUNN.* GUILTY .—Aged 13.— Transported for Seven Years.
WILLIAM ROBERT DOUGLAS LOCKHARD COLDWELL . I live at No. 15 Great Mays-buildings, St. Martin's-lane. About half-past eight o'clock on the night of the 6th of September, I was walking up Bedford-street, and felt a sudden snatch at my pocket, and on turning, I saw the prisoner with my handkerchief in his hand—I ran after him up Bedford-street and took him—he denied having the handkerchief—I saw no more of the handkerchief till the next morning at Bow-street—this is it—there was another with him taller and stouter than himself—I am sure I saw the handkerchief in his hand—he was at a distance from me—he ran off and I ran, and called "Stop thief" and pursued him till I took him—the hand kerchief he had thrown away, and it was brought to Bow-street the next morning—I did not see him throw it away—I had seen it in his hand.
DENNIS HORGAN . I am in the service of Mr. Solomon. I saw the prisoner running, and the prosecutor followed him—I saw the prisoner throw the handkerchief away, and I gave it to the officer the next morning.
GUILTY . Aged 17.— Confined Three Months; Three Weeks Solitary.
WILLIAM LEUCHARS . I am a dressing-case maker, and live at No. 28, Piccadilly. The prisoner was in my employ as porter—I gave him a cheque on the 12th of August, for 28l. 17s., directed to Rogers, Holding and Co., 29, Clement's-lane, Lombard-street—I told him to get me a £20 note and the rest in gold—I sent him about eleven o'clock in the morning—I did not see him again for a week after—when he was taken I asked him what he had done with it—he said he did not know, he had spent some and lost some, and it was all gone—that he knew that he had done it and he must suffer for it.
JAMES SELWIN (police-constable F 11). I took the prisoner on the 19th of August, at the Hole-in-the-Wall, public house—I asked him if he had been in the service of Mr. Leuchars—he said, "Yes, he knew what it was for, he must suffer for it"—I found on him a duplicate for a watch which he said he had bought with the money, but was obliged to pawn it.
GUILTY . Aged 23.— Transported for Seven Years.
Fifth Jury, before Mr. Serjeant Arabin.
2078. WILLIAM RACE was indicted for stealing, on the 24th of August, 1 clock, value 20s.; 1 punch bowl, value 2s.; 2 trays, value 2s.; 2 salt holders, value 8d.; 2 mugs, value 1s.; 1 printed book, value 8d.; and 2 door knobs, value 8d.; the goods of John Roberts; to which he pleaded
GUILTY . Aged 65.— Confined Three Months.
MICHAEL HARROGAN . I am a costermonger, and live in Twine-court, Shadwell. The prisoner was a stranger to me—I lost my trowsers from a lodging house in Twine-street—I do not live there—I was out rather
late that night, and went in there—I was not very drunk—I paid for my room and went to bed between half-past eleven and twelve o'clock—I left my trowsers on the bed, and got up between eight and nine o'clock—these are the trowsers—they were found at a pawnbroker's—I did not know the prisoner at all.
WILLIAM WILSHIRE (police-constable K 249.) On the 28th of August I took the prisoner—the lodging-house keeper gave him into custody to me for stealing a pair of trowsers from another lodger—I took him to the station-house and found the duplicate on him, and found the trowsers.
Prisoner. On that Sunday evening I had been with the prosecutor and had two or three pints of beer—we picked up with two wenches and went to this house—in the morning he asked me if I had got any money—I said, no—he said, "It is a bad job, take these trowsers of mine and pawn them"—which I did, and spent the money, and (hen he charged me with stealing them.
JURY to MICHAEL HARROGAN. Q. Did you sleep in the same room with the prisoner? A., No, in another room on the same floor.
GUILTY . Aged 23.—Recommended to mercy by the Jury. Confined One Month.
2080. ANN WILSON was indicted for stealing, on the 11th of August, 1 bag, value 1s. 10d.;7 yards of ribbon, value 2s.; 4 yards of net, value 2s.; 1 pair of gloves, value 1s.; 1 purse, Value 6d.; 1 half-crown, 6 shillings, 2 pence, and 4 half-pence, the goods and monies of Ann Robins; and 1 handkerchief, value 6d., the goods of Alexander Bell.
ANN ROBINS . I live at Upper Clapton, and am servant to Alexander Bell. About half-past three o'clock on the 11th of August I saw the prisoner at the gate—I thought my fellow-servant would answer her—the prisoner went down into the kitchen—I saw her go out—I had left my bag on the table in the kitchen when I went up stairs, and when I came down I missed it—it contained the articles stated—having missed it I thought 1 must have moved it—I did not think any more of it till the policeman came in the evening to ask me if I bad lost any thing—I have since seen the things—they are mine—they were secure five minutes before she came into the house—there was a handkerchief belonging to my master—this is it—I don't know whether she had a basket—she had a large cloak on. Prisoner. I did not take them—I know nothing of them.
WILLIAMARKILL (police-constable R 68.) The prisoner was brought to the station-house by Connell on the 11th of August—she was desired to pull off her cloak, and inside there was a large pocket, which contained the bag and these articles in it.
Prisoner. I was walking to London—there was another female walking, and she asked me what time it was—I said I did not know—she then asked me to hold this bag while she tied her boot lace—we walked on till we came to a large gentleman's house—she said, "Will you wait here? I want to go ill; "and I said, "I want a sister of mine, but I don't know where she lives"—I gave her a description of her, and she said she would
inquire—she returned in a quarter of an hour, and then she had a watch in her hand, and asked me to pledge it—I said I did not mind—I said, "Did you inquire about this female?"—she said she forgot—I said I would go and ask; and I went and knocked, and no one came—I was coming away, and then a servant came and said I had stolen a watch—I said no, I had not—I walked a little way, she went back again, and then ran after me, and said she thought I had got a watch—I said I had, but a female gave it me—I did not know whether she had taken it or not, but the female was outside—I went to the gate, but the female was gone—she said, "If you give me the watch you may go, if my spoons are safe"—I said the watch was not mine, and I gave it her, and she sent for the policeman, who took me—he said he knew me to be a common thief; and then they brought me to the station, and told me to pull off my cloak, which I did, and this reticule was in the pocket—I did not steal either of them—they were given to me by the woman—I have only been in town one month.
GUILTY . Aged 26.— Transported for Seven Years.
ANN ANDREWS . I am the prosecutor's cook. The watch was in the dining-room, to the best of my knowledge, on the mantel-piece; but I don't go into the dining-room—we had three servants sitting at tea, and one went to get the water, and saw the prisoner pass by; we went and took her before she got out of the premises—she said she had not got any property—she denied it—and I waited till the other servant went to see if the spoons were safe—they were and then I let the prisoner go—she ran off, I ran after her; and she said she had that about her she ought not, and if I would be quiet she would give it to me—she gave me the watch, and said it was the first thing she ever was guilty of in her life.
Prisoner. Directly she came to me, I said I had a watch, and it was not mine; I was going after the person who gave it me to pledge—the servant said if I would return her the watch I might go about my business—she then went and looked after her spoons, and then came and took me—I was quite taken in by this person—I should know the woman among a thousand.
GUILTY . Aged 26.— Transported for Seven Years longer.
MARY SHARMAN . I am the wife of Thomas Sharman, and let ready furnished lodgings, at No. 19, Wood-street, Cromer-street. The prisoner took a lodging last March—she is married, and her husband is a paviour, and lived with her—they occupied one room, and paid 4s. 6d. a week—there was some back rent, about 12s. 6d.—I had repeatedly asked about my things—she said they were safe—I at last looked, and missed these things—I said if she would get them home by the Saturday following, it should go on, but she did not for three weeks—the man was in work, and they had no family—her husband has gone away since she has been in confinement in Newgate.
WILLIAM PITCHFORD (police-Constable E 25.) I took the woman into custody and found three duplicates, one on her person, and two over the mantel-piece, where she told me they were—they are for this property.
Prisoner's Defence. The prosecutor and his wife were aware of these things being pledged, and they stated all they wished was for us to re-place them.
NOT GUILTY .
2083. ROBERT PAYNE was indicted for stealing, on the 18th of August, 17lbs. of silk, value 34l.; 860 wooden bobbins, value 1l.; 1 bag, value 6d.; and 1 basket, value 6d.; the goods of Robert Graham and another, from the person of Edward Hayward.
MR. BODKIN conducted the Prosecution.
SAMUEL LONG . I am foreman to Messrs. Robert Graham and Son, of Spital square—they are silk manufacturers. There was a person in their employ of the name of Hayward, as porter—on Friday morning, the 18th of August, I gave him 740 bobbins, with silk on them, and 120 empty ones, to take to Wilks-street, Spitalfields, where our factory is—the value of the whole was 35l.—he returned in about ten minutes or a quarter of an hour, without the silk, and stated something to me.
Cross-examined by MR. PHILLIPS. Q. Had you Hayward taken up? A. I had not—I believe Mr. Graham had—I saw him at Worship-street in custody, under a charge of stealing this property—I only know of one partner—Mr. Graham has been here the greater part of the day—I think Hayward was in custody for about a week.
EDWARD HAYWARD . I live at No. 18, Wilks-street, Spitalfields—I have lived there about ten months. On the 18th of August I was porter to Messrs. Graham—I received the silk, to take to the factory in Wilks-street—as I was going along I met the prisoner—I never saw him before—he said, "You must go back and tell Mr. Graham that Mr. Harris has got a girl down in the kitchen that has got some silk about her, and you must give me the parcel; I am to take it to the factory"—Mr. Harris lives at the factory in Wilks-street—I had gone to Brown's-lane, which is about five minutes' walk from Wilks-street—hetook the parcel off my back—I went back, believing what he said, and saw Mr. Long and Mr. Graham, and told them—when I went back to the factory I found this was not true—my master let me go to the factory, and when I got there he came with a policeman, and took me—I was in custody about an hour and a quarter—I was taken to the Magistrate the same day—I was remanded, and came up again on the Monday—I was remanded a second time from the Monday till the next Monday, and then discharged—this man was a stranger to me—I never saw him till he came up.
Cross-examined. Q. You had no knowledge of the man meeting you? A. No—I never saw him before—I took particular notice of him—I believed him then—hehad a black coat and black trowsers, and a kind of black and speckled handkerchief—this was at half-past nine o'clock in the morning—I could not see any body passing—I went to the warehouse—there was one woman passing by—I did not know her—I have been in London ten months—I do not know any thing about Griffith—this man was not talking to me many minutes—am twenty-six years old—he took
the pack off my back—I did not help him—he took it off against my will—he said I must go back to the warehouse and tell Mr. Graham he was wanted directly—I came from Sudbury—I was a weaver of silk there—I worked for Mr. Peacock, foreman to Mr. Duff, a silk weaver—I quitted because I had not got work—I had been three years with them—they did not discharge me—they said they had not got any work, and so they were forced to send me away—I was not turned away for any fault—I had no charge made against me—when I came to London I worked where I live now, and then got into Messrs. Grahams' employment—I brought a character with me to Graham's, not a written character—I was a week altogether in gaol—it was half-past nine o'clock in the morning that the silk was taken from me in Brown's-lane—the prisoner had a hat or cap on—I did not ask him his name, or who he was.
MR. BODKIN. Q. How long were you in the service of the firm you mentioned? A. Three years, and eight years altogether in the silk trade—I came to London ten months ago and worked for Mr. Cesar, on the other side of the way to Messrs. Graham—I live in the same place now—Mr. Shelling, who knew me in the country, got me work—I know nobody of the name of Griffiths.
WILLIAM NOON . I am in the employ of Mr. Horgood, a pawnbroker, in Brown's-lane. On Friday morning, the 18th, I was standing at my master's door between eight and nine o'clock, and saw the prisoner at the bar at the comer of a court called Corbet's-court—he stood there some time—I saw Hayward come up, and saw the prisoner go up to him—I noticed that they were conversing—I saw the prisoner take the bag off Hayward's shoulder and march off with it.
Cross-examined. Q. I suppose you mean he ran? A. He could not, he walked as fast as he could—I never saw him before—I was before the Magistrate and was examined—the prisoner was dressed in a black coat and trowsers—I did not notice his waistcoat—he had a silk hat on, I believe, and shoes laced up in front—I did not notice his cravat—I was about ten yards off—they were not more than a second together—he went off immediately with the silk—it might be two seconds—I was in my master's shop and saw him there, and went out and watched him—I saw a man come up to him—I thought he looked like a sheriff's officer—it was between eight and nine o'clock—the prisoner had been standing there about half an hour—the other man came up just after nine o'clock and ex changed a word or two—I did not notice any one near them.
ANN JOHNSON . I am married, and live at No. 16, Church-row; my husband is a weaver. On the 18th of August I was going down Brown's lane, about half-past nine o'clock—I did not see the prisoner's face—I saw a man with a black coat and trowsers—he had rather a catch in his walk, as he had the bag on his back—I did not see him walk before he had the bag—I saw him talking to the man that he took the work from—he said, "You must deliver me this parcel"—he said, "Mr. Harris says you must deliver me this parcel, and go back to the warehouse and tell Mr. Graham that Mr. Harris has got a girl in custody for stealing silk"—he looked at him and put the parcel off his shoulder, and put it round in front of him—the man took it and went down Corbet's-court.
Cross-examined. Q. And the man that had the parcel took it off his back and gave it to him? A. He took it off his back, and before it reached the ground the man took it—I am sure Hayward took it off his own back—I was the first person that went to the watchhouse—I was at the office—
I was sworn and examined, and spoke the truth—I gave an account of it, and it was taken down and read over to me—I was about three yards from the persons when they were talking, with my back towards them, so that I was not looking at them, and I heard him say, "You must deliver me this parcel"—I am sure of that—he carried away the bag on his back—he held the mouth of it with his two hands.
JOHN HARRIS . I am in the employ of Mr. Graham, at the factory in Wilks-street, Spitalfields. I do not know the prisoner—I never authorised the prisoner to go and meet their porter and obtain from him a parcel, with a message that he was to go back, and that I had a girl in charge for stealing silk.
MR. PHILLIPS to ANN JOHNSON. Q. Upon your oath, was it not Hay ward that put the bag on the prisoner's back? A. No, it was not—I never said so to any body.
HENRY COTTON (police-constable H 60.) I took the prisoner into custody in High-street, Shadwell—I noticed, as I had hold of his right hand with my left hand, that he had a particular limp in his walk—I asked him if he was lame—he made no answer.
Cross-examined. Q. How had you hold of him? A. I had his right hand with my left—I felt him rock against me—I followed him about two hundred yards—I was running—I did not notice how he went.
GEORGE TEAKLE (police-sergeant H 8.) From information I received, I went with Mr. Graham to No. 51, Nelson-street, Bethnal-green, and found 706 bobbins full of silk—I produce a sample of them—the bulk of them I delivered to Mr. Graham.
Cross-examined. Q. What house is this? A. A house let out in lodgings, I believe—I found it in the back room first floor—I made enquiries before I went there—the prisoner was not in custody then, I believe—I know a man of the name of Griffiths—he is not in custody—I have known him nine or ten months—he is not here.
COURT. Q. Are you looking after him now? A. Yes, we are.
Mr. BODKIN. Q. Is he different to the prisoner? A. Yes, shorter, and much darker.
SAMUEL LONG re-examined. This is the same as I saw at the police office. I am positive this is part of what I delivered to the porter—I can swear to it by another part of the silk that I have in my pocket.
MR. PHILLIPS. Q. There is plenty more of the same dye in London? A. No, not if I were to try for it, as I have done hundreds of times, I could not get It—though you intend to dye silk of the same colour, yet still an experienced eye can detect it—I believe this to be the same silk.
(Thomas White, a broker, of No. 58, High-street, Kingsland-road, gave the prisoner a good character.)
GUILTY . Aged 22.— Transported for Seven Years.
JOHN BUMFORD . I live with Mr. Thomas Bumford, a bookseller, No. 6, Holborn-bars. I was not at home when this happened—I know this book to be his—I saw it safe about eleven o'clock, and when I came back, about three o'clock, it was gone—it is my father's book—the ink on the label is smeared.
—he crossed, as it appeared to me, to avoid three policemen, and I followed him, and asked what he had got—he said, "a religious book"—I found it was this—I went to different booksellers, and found the prosecutor—it is the whole works of the Rev. William Romaine.
Prisoner's Defence. I did not avoid any policemen—I crossed the road in my way to deliver the book—I had it from my brother, and was going to take it to my sisters.
GUILTY .* Aged 25.— Transported for Seven Years.
WILLIAM WELCH . I live in Drummond-crescent, Euston-square, and am a baker. On the 2nd of September, about three o'clock in the after noon, I was sitting in the parlour, and my attention was called to the shop by hearing a noise—I went into the shop, and saw the prisoner in the act of taking out the till—I jumped over and took him with it—he had his hand in the back partition of the till.
JURY. Q. Did he draw the till entirely out? A. Not entirely, but moved it about three parts of the way out—it is a drawer.
Prisoner, The till was open when I went to the shop. Witness, No, it was not—I was the last person that served in the shop—I am confident it was shut.
Prisoner. I went to buy a biscuit, and tapped two or three times, and no one came—I reached over the top of the counter, and the prosecutor came and caught me—I made no resistance at all. Witness, I was sitting in the parlour, and when I took him he said, "I want an Abernethy biscuit"—I said, "You need not have gone so far, as here stands a tray full."
I am a policeman. I took the prisoner and found on him one penny and a few duplicates.
GUILTY . † Aged 19.— Confined Three Months.
GEORGE ROBERT BENGOUGH . I live at No. 4, Titchborne-street, and am a trunk-maker, my mother is my partner. About six o'clock, in the evening of the 6th of September, I had this bag hanging on a bedstead in the centre of the shop—I saw the prisoner come and take it—I followed him—and saw him running with the bag at the top of Titchborne-street—he threw it into a wagon—I still followed the prisoner and took him—this is the bag.
Prisoner. I heard a cry of "Stop thief" and ran with the mob, the prosecutor collared me in a mob—it was impossible for him to see who took it Witness, There was no mob—I followed him, and saw him throw the bag away.
GUILTY . Aged 20.— Confined Six Months.
the partner, colour merchants, in Old-street. The prisoner had worked in his manufactory three or four years as a labourer and porter—I am in their employ—having some suspicion, on the 1st of September, as the prisoner was leaving work, when he had passed the counting-house door going out, I called him into the counting-house, and took off his hat, and found the Prussian blue in his hat—he said, he did not know how it came there, or what it was—he thought it was good for nothing—it is worth about five shillings.
Prisoner. Q. You cannot swear it was their property? A. Yes, I can—he had taken a great deal, I dare say—his hat was stained with Prussian blue—he had seventeen shillings a week, I think.
GUILTY . Aged 36.— Confined Six Months.
OLD COURT.—Thursday, September 21, 1837.
Third Jury, before Mr. Sergeant Arabin.
2088. MARGARET KIDNER was indicted for stealing, on the 14th of August, at St. Pancras, 35 spoons, value 25l.; 23 forks, value 23l.; 2 waiters, value 10l.; 1 knife, value 1l.; 1 basin, value, 7l.; 1 wine strainer, value 1l. 10s.; 4 ladles, value 5l.; 1 tea-pot, value 10l.; 1 egg frame, value 1l. 15s.; 5 egg spoons, value 1l.; 1 watch, value 6l.; 3 sheets, value 1l. 15s.; 2 table cloths, value 3l.; 7 shirts, value 3l. 10s.; and 2 salt cellars, value 5s.; the goods of Francis Fisher, her master, in his dwelling-house; to which she pleaded
GUILTY . Aged 32.— Transported for Life.
2089. GEORGE HUMPHRIES was indicted for stealing, on the 1st of September, at St. Martin-in-the-fields, 1 seal, value 7l., the goods of Thomas Balls, his master, in his dwelling-house; to which he pleaded
GUILTY . Aged 16.— Confined One Year, and then Transported for Life.
JAMES JONES . I am clerk to Mr. Bishop, who keeps a newspaper-office. About 10 o'clock in the morning of the 16th of September, I was in Fenchurch-street, and saw the prisoners watching several gentlemen's pockets, and feeling them—I felt in my own pocket and missed my handkerchief—they were close behind me at the time—I turned back and went down Mincing-lane—I saw them together and ran after them—I collared them and asked them to deliver up my property, which was a yellow silk hand kerchief—they denied having it—I insisted on it that they had it—I searched them and found my handkerchief in Crow's trowsers, at the flap—they were both together—I gave them in charge directly.
HENRY SPINK SWIFT . I am a clerk. I was passing along Mincing-lane—I saw the prosecutor holding both the prisoners, who denied having his handkerchief—Crow was very anxious to have his coat searched—the fall of his trowsers was down, and I saw the prosecutor draw the handkerchief from there.
JOHNSON. † GUILTY —Aged 16.
CROW.* GUILTY —Aged 16.
Transported for Seven Years.
2091. PHILLIS LOCKYER was indicted for stealing, on the 13th of August, 1 pair of boots, value 4s.; 1 pair of stockings, value 1s. 6d.; and 1 handkerchief, value 1s. 6d.; the goods of George Baker, her master.
GEORGE BAKER . I am a cheesemonger, and live in King David-lane, Shadwell. I have known the prisoner four or five weeks—she was an occasional servant, and was at my house on Sunday, the 13th of August—she left about eleven o'clock in the morning, and within an hour I missed these boots and handkerchief—I had seen the boots on my wife's feet on the Saturday morning—we suspected her, and on the Tuesday I went to endeavour to trace the things, and get information, but could not find her; but on the Sunday following she came to my shop, and I gave her into custody—these are the stockings and boots—I know them—my wife's name is on them—I do not know what the prisoner came to my shop for.
Prisoner's Defence. As I was going out, I asked my mistress to lend me the things, and when I went to return them she sent for a policeman and had me taken.
GUILTY. Aged 17.—Recommended to mercy.— Judgment Respited.
Before Mr. Justice Vaughan.
2092. GEORGE THOMAS was indicted for unlawfully, maliciously, and feloniously assaulting John Unckless, on the 17th of August, at St. Mary Matfelon, alias Whitechapel, and unlawfully, maliciously, and feloni ously cutting and wounding him upon his head, with intent to murder him.—2nd COUNT, stating his intent to be to maim and disable him.—3rd COUNT, to do him some grievous bodily harm.
JOHN UNCKLESS . I am a watch-maker and jeweller, and live at No. 110, High-street, Whitechapel—I am journeyman to Campbell and Beaton. On Thursday night, the 17th of August, about a quarter after ten o'clock I fastened the door and put out two gas lights—I left the third partly burning—I lighted the candle from the third gas light, and then went into the kitchen and placed the candle on the shelf—I tucked up my sleeves to do a little job, and somebody rung the shop-door bell—I went to answer the door, and the prisoner gave a note into my hand for Mr. Beaton—he came inside and closed the door after him—I looked at the note and observed the writing to be written very badly—the prisoner took from under his right arm a bag, as if to take out some articles, but the bag being so deep he did not succeed the first time—he gathered the bag up into his left hand, and then I asked him "What is it? can't you find it?"—he let go of the part he had gathered up, and stooped himself to the ground—he then drew himself up, and struck me two blows on my head—before the second blow was inflicted, I saw the weapon in his hand over his head—I could not tell what it was, whether it was iron or wood—on receiving the blows I closed on him—he thrust me backwards, with the idea I suppose of getting into the inner part of the shop I swung him half round and threw him on his back—he then seized hold of my stock, either with the idea of strangling me or of raising himself from the floor—he did not raise himself from the floor—I knelt over him, and struck him two or three blows with my fist either on the head, face, or shoulder—I got on my feet and stamped upon him, while he was on the ground—I then fled to the door to open it, but he being so close after my heels I had not time to open it—he secured his bludgeon before that—I did not see it, but I saw him pick up something from the
floor—I could not tell what sort of an instrument it was, it appeared to be taper, thinner at one end than the other—I think it was about twelve inches long—I cannot tell the thickness, the blows were struck so quick—when I got to the door, he attacked me behind the door—I got him down in a two double position—he tried to inflict a blow on my head—he had still the instrument in his hand—I opened the door with my right hand, and held him tight by his coat or jacket with my left—I got outside and cried "Murder" once—the prisoner wished to make his escape, but I threw him on his back in front of the window, and called for assistance twice, but nobody seemed inclined to rescue him from me—somebody took him from me, but who I cannot tell—I was insensible at the time—how I got on my feet I cannot tell—when I came to myself, I held him by his coat or jacket with others, and drew him into the shop and he was secured—a woman interfered and wished to get him away from us—I did not know the woman—I said to her, no, he should not, he should come in with me—my head bled profusely—I was struck on the crown and back part—a surgeon looked at my head afterwards—I had never seen the prisoner before, to my knowledge—not a word had passed between either of us—there was jewellery and other property in the shop—altogether I received from him three blows on the head, two on the left arm, one on the right arm and three on my left leg—they must have been from the weapon—I bled profusely from the wounds on the head, and I saw the instrument before the second blow was inflicted.
Prisoner. Q. When I came to the door did I shut it, or what? A. You closed the door after you, but did not slam it—you gave the note into my hand—nobody shoved you in.
Prisoner. I was standing by the door for an answer, and somebody shoved me in—he was standing inside, and I at the door—the note was given to me to take to Mr. Beaton, by a gentleman a little way from the house—I did not know him—he said, "That is the house," and I rang the bell, and when the prosecutor opened the door, somebody shoved me in—the young man collared me, and put the note down—I picked it up again, as he said he would give me in charge—I had no instrument—he said I gave the instrument to some woman. Witness, I am positive he had an instrument; before the second blow was inflicted. I saw it over his head.
Prisoner. There was some woman outside, and he said I had given it to her—she said, "You have no business to hit him"—she thought we had been fighting, I suppose—what did I do when I came into the shop? Witness. He closed the door after him, and took the bag from under his fight arm.
ROBERT BLORIE . I am a carpenter. I happened to be passing Mr. Beaton's shop soon after ten o'clock on the night in question—as I passed by the door, the witness had got the prisoner, holding him, and calling out for help—there were a great many people about the door—he had hold of him by the skirt of his jacket, and called out for assistance, saying the prisoner wanted to get away from him—I went into the crowd, they were scuffling together at the door—I collared the prisoner and shoved him into the shop with the young man—there was a woman standing by the door and two men—they said it was only two boys fighting—I did not know the women or the men—I pushed the prisoner into the shop—a City patrol was coming by, and we secured him—I observed the prosecutor was bleeding very much at the time, and very much exhausted, he was bleeding very
much from the wounds in his head—I looked at his head, it was bleeding in three places—somebody tried to pull me back and prevent my assisting him, but I cannot say whether it was a man or the woman—there was something handed over to the woman by the prisoner—it appeared to me about twelve or fourteen inches long—he made a little resistance till he was got into the shop, and then he was very quiet—I could not tell whether the weapon was wood or iron.
Prisoner. There was no woman, nor any man, before you and the officer laid hold of me. Witness, Yes, I saw the woman there at the time, and there were a great many people round the door.
Prisoner. You were not the man who laid hold of me at first—it was that officer there. Witness. Yes, I was.
GEORGE JOHNSON . I am a policeman. I passed the shop on the night in question about a quarter after ten o'clock—there was a quantity of people round the door—I went into the shop, and saw the prisoner standing there—the prosecutor was in a fainting state apparently from the loss of blood—he seemed to have lost a deal of blood—I looked at his wounds, but there was so much hair I could not see them—he was bleeding from the back and side of his head—I did not see any weapon—I looked about the shop, but could not find any—I took possession of the prisoner, and searched him in the shop—I found a note, addressed to Mr. Beaton, in his right hand trowsers pocket, a small pocket-knife in his waistcoat-pocket, and a bag lying at his feet, which he said was his, and he used it to put apples in—he did not give any account of his way of life, and would not state where he lived at the station-house.
GEORGE BAKER . I am a City patrol. I was passing by the house on the 17th of August, between ten and eleven o'clock, and saw several people collected round Mr. Beaton's door—I observed the prisoner and prosecutor struggling together on the ground opposite the shop door—the prosecutor was calling out for assistance—I looked round to see for a policeman, but could not see one—I said I was an officer and would take the prisoner in charge myself—the prosecutor said he wished I would—I got past the crowd and got to the prisoner—I took him into the shop, shut the door, and kept him till two policemen arrived, and then delivered him over to the—the other man (Blorie) might have got hold of him at the moment I did—he assisted me—the prosecutor stated in the prisoner's presence, that he came with a note, and presented it—that he came into the shop, closed the door, and said he had some articles to leave for Mr. Beaton, and began to feel in the bag for the articles, that in rising he had some sort of instrument, and struck him over the head—the prisoner said nothing in his defence, but that Mr. Beaton's young man struck him first.
Prisoner. Q. Did you see me with any weapon? A. No, I did not at the time—I did not notice a woman there—I saw no one giving him any assistance, but I saw some very suspicious characters about, as I thought.
WILLIAM MAJOR . I am a surgeon, and live at No. 12, Mount-place, White chapel-road. I was called to see the prosecutor—he came down to me about eleven o'clock the same night—I examined his head, and found three wounds in the head—they appeared contused wounds, as if done with a blunt instrument, not with a sharp cutting instrument—they appeared rather severe blows; one in particular, on the front part of the head—it appeared to be deep, but I could not probe it—he appeared to have lost a good deal of blood, and was very faint when he came to me—that might
prevent more serious injury arising—he appeared exceedingly agitated—he had contusions about the arm, and the skin was grazed off—that might have originated in the scuffle.
(Note read.) "Mr. Beaton, silversmith. I am glad to send word. I have to some more silver of the same sort.—To Mr. Beaton, silversmith, White chapel, opposite Red Lion-street."
Prisoner's Defence. I was going home this night five weeks, down Whitechapel—some man asked me to take a letter to Mr. Beaton—I asked which was Mr. Beaton's—he showed me the house—I went, rang the bell, and gave the letter into the young man's hand—I was waiting for an answer, and somebody came by—I do not know whether it was the same man, but he shoved me in—I fell against the counter where the glass was—the young man laid hold of me, and said I came there to rob the shop, and he would give me in charge—I took the letter up, and put it into my pocket, and was going away—he would not let me, and we began pulling each other—I fell down, and he began kicking me, and I did the same to him—how he got the wounds must be by falling down—I got wounds as well as him, but did not have any one to examine mine—he went to the door and called out, but nobody took any notice—two officers came by—one of them laid hold of me—I stopped outside with one of them, and then they took me into the shop—some people came round—there was only one woman—he swore I gave the weapon to her, but I knew nothing of her—as to intending to steal or take any thing from the shop, I meant no such thing—I have been to sea, and was going again—I paid a man half-a-crown to get me a ship—the young man has sworn falsely—I had no weapon, and did not strike him, except with my hand, after he laid hold of me.
GUILTY on the third Count. Aged 20.— Death recorded.
Before Mr. Justice Vaughan.
2093. JOHN FORT was indicted for stealing, on the 25th of August, at St. James, Clerkenwell, 1 coat, value 2l.; and 2 cloaks, value 3l.; the goods of Richard Curtis, in the dwelling-house of James Mutter.
MARGARET HERKLESS . I am single, and live in the service of Mr. James Mutter, in Warren-street. He has a situation under Government—on the 25th of August, about a quarter past three o'clock, my mistress was going out to spend the remainder of the day—she allowed the little boy to sit on the step of the door while she got ready—I told the child not to move off the step of the door, and I went up stairs—the child called out to its mamma—mistress went down stairs, and I ran out to the end of the street, and saw three persons standing there—I inquired of them, and ran to the next street—I made inquiry, and turned the comer, and ran on till I saw a man in White Lion-street, carrying the cloaks on his arm—I ran after him—he was walking—I called out, "Catch the thief—somebody ran after him, and he threw the cloaks over into the area of a house in White Lion-street—I remained by them, and did not see him secured—he ran off and was brought back—I lost sight of him in turning the corner, but I saw him again in about a minute and a half—I am sure he is the man I saw with the cloaks on his arm—I did not know him before—there were two cloaks and a great coat brought from the area—they belong to Richard Curtis, and had hung in the passage before—the door was open, and the
little boy at the door—they are worth 5l.—the child is four years old—I am sure the prisoner is the man.
Cross-examined by MR. SMITH. Q. You do not know the real value of them? A. I cannot say—they are nearly new—I was a good deal alarmed—I never saw the lad before—I was not a great way off him when I saw him in White Lion-street—perhaps the breadth of a good wide street—he was walking at a good pace—I was in such a state I did not observe any one else in the street—I had spoken to three or four people before I saw him.
COURT. Q. How lately before had you seen the things in the passage? A. Four or five minutes.
WILLIAM WILSON SOUTH . I live in Warren-street, and am a lieutenant in her Majesty's navy. I was on my own steps, which are next to Mrs. Mutter's, about a quarter past three o'clock when the child came and caught hold of my hand, and said something about a man robbing the house—I went to the next door and saw Mrs. Mutter, who gave me information—I had seen the prisoner before I got to my own door with the things on his arm, walking very leisurely down the street—I could sec it was clothes he had—after Mrs. Mutter told me what had happened—I ran after him, and immediately before me was Herkless—I kept her in full sight, and in turning into Chapel-street, I caught a glimpse of the man carrying the things, as soon as the young woman cried "Stop thief," I saw him run, and afterwards saw him throw the things over into the area—I still followed, and did not lose sight of him, and in Penton-street I saw the policeman secure him—I do not swear the prisoner is the man—I saw a young man running with the clothes under his arm, but his back was towards me, but when I turned the corner of White Lion-street into Penton-street, I saw the policeman search him—I had lost sight of him in turning the corner—I believe him to be the same man—it is the strong impression on my mind that he is the man.
Cross-examined. Q. It was somebody, whose back you saw going from you with the articles? A. Yes.
HENRY CASTELL . I am a policeman. I was on duty on the 25th of August, and heard a cry of "Stop thief" in Penton-street—I saw the prisoner running—he had not any thing with him then—I pursued, and took him into custody—as I was taking him back, he told me it was not him, that the clothes were given to him by a man in a plaid waistcoat to hold—the witness claimed them when she saw them—I should think them worth near about 5l.
Cross-examined. Q. I suppose you are not much of a judge of them? A. No—the young woman was a good deal excited.
COURT. Q. Were you before the Magistrate? A. Yes, and heard the prisoner examined—what he said was put down in writing, and read over to him—he said it was not him, but a man gave him the clothes to hold—I believe that was what was taken down—this is the Magistrate's handwriting, I believe.
MR. SMITH. Q. Did you see him write it? A. I saw a pen in his hand, and he was writing—I saw him put his signature to it—(read)—" The prisoner says, I know nothing about them, only a young man gave them to me."
(John Calvert, bookbinder, Dean-street, Fetter-lane; John Elsbury, bookbinder, Old Bailey; and John Lee, bookbinder, Upper Marsh, Lambeth; deposed to the prisoner's good character.)
GUILTY of stealing under the value of 5l . Aged 18.— Confined One Year.
Before Mr. Justice Vaughan.
2094. JAMES STEVENSON was indicted for stealing, on the 19th of August, at St. Paul, Shadwell, 1 coat, value 2l. 10s.; 1 pair of trowsers, value 1l. 5s.; 1 waistcoat, value 17s.; and 1 stock, value 2s.; the goods of Mary Maria Eyles, in her dwelling-house.—2nd COUNT, stating the property to belong to Mary Maria Taylor.
MARY MARIA EYLES . I am a widow, and keep a beer-shop in Lower Shadwell, in the parish of St. Paul, Shadwell. I have known the prisoner since the beginning of last March—he is master of a collier—he came to my house, I think, on Thursday the 17th of August, and asked me to lend him 15s., as he had come up in a steam-boat to take charge of a vessel to Sidney, and was going to the brokers—I lent him 15s.—he came again next day, and asked if I would advance him 10s. more—I said I had not as much, but would advance him 8s.—he came again on Saturday, and asked me to lend him 2s.—I said I wanted what he had got, and could not—he said he was rather intoxicated, and wished to go and lie down—I permitted him to do so, believing him to be respectable—I put him into the first floor front room—the room was locked when I took him up, and I locked him into it—he continued there about two hours and a half—my son had got the key in his pocket, and while he was gone to get me change, the prisoner knocked at the door to come out—I got the carpenter who was repairing the lock to take the bolt off the door, and he was let out—when he came down, I saw he had two frock coats on, and something crammed into his breast—he sat down in the back parlour, and had a bottle of ginger beer, and then went away—the door was locked again as soon as the bolt was put right, and I took the key myself—next morning at eight o'clock I missed out of the drawers a frock coat, a black waistcoat and trowsers, and a silk stock, which belonged to Henry Thompson, a steward on board the Pilot, and who was at sea—he had left them in my care—I believe the coat to be worth about 3l. 15s., the waistcoat about 17s., the trowsers about 1l. 5s., and the stock about 2s. 6d.—I should know them again—there was a purple stain on the right sleeve of the lining of the frock coat—(looking at the property)—this is the coat, I have not a doubt—this is the waistcoat, to the best of my belief—I have no private mark on it—I believe the trowsers to be the same.
Cross-examined by MR. JERNINGHAM. Q. You consider the coat worth 3l. 15s.? A. I consider it so—it has been worn twice—it was new about the 6th of August this year—the gentleman went to sea about a week after he had the things—I am a widow—I believe my husband died abroad—I was really married to Mr. Eyles—I am acquainted with a person named Taylor—I have been twice married—I was married before to a person named Taylor—I never knew that there was another person bore the name of Eyles—I will swear that—my beer-shop is never kept open after 11 o'clock at night—I have been acquainted with the prisoner since last March—I never had any intimate acquaintance with him—I knew his brother before I knew him—some days before the prisoner was apprehended, the brother came to my house and told me, if I prosecuted him, he would give me 5l. towards it; and if I did not do it, he would not give 5s. to liberate him—he said he was on board the Monica, and if I did not go and have him apprehended, he would be gone before the morning; but I did not go then—he said if I did not prosecute him he should consider that there was that intimacy between him and that I dare not appear against him in court—he told me his brother was one of the biggest vagabonds that ever walked—I missed my pro
perty on Saturday the 19th, the very day he came to me to borrow the 2s.—he went away about four o'clock, and next morning at eight o'clock I missed the property—I did not tell his brother if he would pay the value of the clothes I would drop the prosecution—I said if he would seek the prisoner, and replace the clothes, I would be at the loss of the 2l. 18s. he had borrowed of me—I very seldom mix with the company who attend my shop—I have nobody to help me, nobody to settle my business but myself, and am obliged at times to try to get custom—at the time the prisoner worked a ship he was often at my house, and he borrowed small sums of money—I always considered him respectable, though his brother told me he was not so.
Q. If he was in the habit of borrowing money, might he not have taken the coat with the intention of returning it? A. Not to my knowledge—I cannot swear he did not intend to return it—he never asked for it.
WILLIAM TAPSON . I am a policeman. I was employed to apprehend the prisoner—I found him on board the Monica brig—I searched the ship and could not find him, but the captain said he was on board, and asked if I had looked into the hatch of the forecastle—I went down again, and got down into the forecastle with a constable, who found him stowed away in the forecastle—on searching him, I found 18s. 6d. in money, and among his papers a piece of dirty paper, referring to No. 10, Bedford square, Commercial-road, requesting some person there to send the duplicate of a coat and waistcoat—I have it here—in consequence of that paper, I made inquiry in Bedford-square, and discovered the property. (Paper read) "London, August 22nd, 1837, 10, Bedford-square. Sir, Please to send with the bearer, the ticket which belongs to my coat and waistcoat Yours truly, CAPTAIN STEVENS." I got this duplicate there, and that led me to Watts 's, the pawnbroker's, where I found the coat and waistcoat which the duplicate referred to.
Cross-examined. Q. What were they pawned for? A. 1l. 5s.—I consider the waistcoat worth 15s. now—the coat is marked at the collar, as if it had been worn once or twice, which makes it second-hand and diminishes its value to about half—when new, I should consider it worth 3l. 17s. at trade price; it would not fetch 30s. if sent to the sale room, and the waistcoat might fetch 7s. or 8s.
HENRY GEORGE FERMINGHAM . I live with my father in Bedford square, Commercial-road. On the 19th of August, I saw the prisoner in my father's company at my father's residence—I pawned these clothes at Watts 's for him, at his request for 1l. 5s., and at his request the duplicate was left in the custody of my father—he told my father he was captain of the brig Northumberland, lying at letter F, St. Catherine's dock, and he had to receive his money on a Monday morning, and wished to raise 25s. till Monday, and being afraid of losing his duplicate he left it in my father's possession till Monday morning, but he never came for it.
MR. JERNINGHAM to MRS. EYLES. Q. You said you were the widow of Mr. Eyles—during his lifetime did anybody ever call on you, stating herself to be the wife of Mr. Eyles? A. Yes—I cannot swear that she was his wife—I was married at St. Botolph, Aldgate, on or about the 20th of August, 1829—I have not my marriage certificate with me, but I could get it if it was required—I had the person representing herself to be
Mrs. Eyles turned out of my house—my maiden name was Mary Maria Howard.
COURT. Q. When did Mr. Eyles die? A. On or about the 9th of January last—I have continued in the occupation of the house ever since, and carry on the business on my own account.
(The prisoner received a good character.)
GUILTY of stealing under the value of 5l. Aged 30.—Recommended to mercy by the Prosecutrix .— Confined Six Months; One Month Solitary.
Fifth Jury, before Mr. Recorder.
JAMES DOBSON . I am a carpet-manufacturer, and live in Southampton buildings, Holborn. On the 21st of August, I was in Broad-street, St. Giles'. I felt a motion at my coat, turned round, and saw a very suspicious looking person walking into a shop, which has two doors to it—I missed my handkerchief—he went in at one door and came out at the other—I followed him, and saw him turning the corner with the handkerchief in his hand against the wall, and he dropped it a little further on in an oil-shop at the other corner—it was the prisoner—I never lost sight of him—I collared him.
DANIEL WATKINS . I am a brass finisher, and live in Upper Rathbone place. I heard an alarm of "Stop thief"—the prisoner was running in Middle-row—he turned the corner, and just at the oil-shop door dropped the handkerchief and ran three or four yards further, when the prosecutor collared him.
GUILTY .* Aged 22.— Transported for Seven Years.
STEPHEN WOODSTOCK . I am shopman to Mr. Charles Edward Kendall, a bootmaker on Saffron-hill. On Saturday afternoon, the 26th of August, the prisoner came to the shop and asked me for work—I said I had none for him, and while I was stooping down, I observed him take a pair of shoes, put them under his apron, and run off with them—I ran after him and caught him with them—he begged my pardon, and said, "Pray, for God's sake let me go; I am done for ever if you detain me"—I took him to my master's, who ordered him into custody.
Prisoner. I was distressed, and came into the shop for work—I lifted up a pair to look at the work, and I took them as far as the threshold of the door. Witness. He went nearly 100 yards with them under his apron—he took them out of the window.
Prisoner. Q. Did not you say to me," Are you going away with the shoes?"and I turn round and said, "No, I am not?" A. No, you did not, nor did I say so to you.
(The Prisoner put in a written Defence, stating that he went to the Prosecutor's shop for work, and the shoes were shown to him as a pattern; that the shop being dark, he took them outside the door to look at, but was not out of the shop, and did not intend to carry them away.)
GUILTY . Aged 52.— Confined Three Months.
2097. WILLIAM WHATMORE was indicted for stealing, on the 29th of August, 3000lbs. weight of paving stones, value 10s., the goods of the Commissioners of the Metropolis Turnpike Roads, North of the Thames; to which he pleaded
GUILTY . Aged 34.—Recommended to Mercy. Confined One Month.
JANE PROCTER . I live with my uncle, William Matthews, a grocer, in Brill-row, Somerstown. On the morning of the 23rd of August, I saw the prisoners together in my uncle's shop—Bootle asked me for an egg—I turned to reach one, and produced it—she paid for it, and they left the shop—they came in together and left together—as soon as they were gone I missed a pair of scales from the counter—I had used them a quarter of an hour before—I told my uncle directly they were gone, and saw them again before the Magistrate.
WILLIAM MATTHEWS . I am a grocer, and live in Brill-row. I saw the prisoners pass me when I was two or three doors from my shop—on going in I heard of this loss, and went out—I saw the prisoners coming out of the Bee-hive public-house in that same row, and followed them to the Coffee-house public-house in Charlton-street—they both went in together—I sent for a constable, and stood and watched them myself—when the constable came I went to Jones and asked what she had under her gown—she said, "Nothing," and refused to let me see, but I pulled it down and the scales fell before her—she then said, "I had them given to me"—I called the other prisoner out, and the officer took them both away together—the scales are mine, they are worth 3s. 6d.
GEORGE BLAKE (police-constable S 161.) I went to the Coffee-house public-house and saw the prosecutor take the scales from Jones, she said, "I did not take them, they were given to me"—Bootle denied knowing any thing about it—an egg and three herrings were found on Bootle.
JURY to JANE PROCTER. Q. What part of the counter were the scales on? A. At the further end, nearest to Jones.
JONES— GUILTY . Aged 36.— Confined Six Weeks.
BOOTLE— NOT GUILTY .
2099. THOMAS FLOOD and JOHN SMITH were indicted for stealing, on the 1st of September, 1 shift, value 2s.; 3 table-cloths, value 11s.; and 1 pair of stockings, value 1s.; the goods of Joseph Fisher: and 1 shift, value 2s.; and 1 handkerchief, value 4d.; the goods of Mary Janson: and 1 shift, value 1s., the goods of Charlotte Parkiss.
of September I put some linen out to dry in the garden—about six o'clock the following morning, I missed a large table-cloth, two small ones, three shifts, a pair of stockings, and two handkerchiefs, belonging to Joseph Fisher—one handkerchief was mine, and the shift belongs to Charlotte Parkiss.
JAMES THOMPSON (police-Constable S 153.) I was in Park-street, Camden-town, on the 1st of September—in consequence of what a boy said, I went into the fields by Chalk Farm—there was some linen spread out on the grass—the prisoners were there with another—I saw Flood packing up the linen in a bundle as I got up to them—I took them both into custody—Smith was standing by looking on, and was in his company—they all three came away together—Smith and his companion ran away, but Smith was secured and brought back to me—the bundle contained three table-cloths, three shifts, one pair of stockings, and a handkerchief—I took them not ten minutes' walk from the prosecutrix's—Flood said his mother had sent him out with the linen to dry—Smith said nothing—there were more people there looking on, but I was informed these three had been seen there by themselves—Flood was the only person I saw touch the property—I took them all into custody—it was between one and two In the daytime.
MRS. JANSON re-examined. I have examined the linen—it is the linen I have mentioned, belonging to my son-in-law, myself, and the servant—it had not been ironed—it was wet when they took it away, and when it was found.
Flood's Defence. I was coming across the fields—a woman and a boy met us, and asked if we would carry the linen for her, to dry on the grass, and she would give me 2s.—I spread the things out to dry, and the policeman came up—I said they were my mother's, as a little boy who was with us was the son of the woman, and he ran away—the woman was to return to us, and give us 6d. more.
Smith's Defence. I was crossing the fields, the woman met Flood, and asked him to take the things into his care—I saw her give him the bundle and something else—he said he was going to dry them for that lady—I said I was going home—he asked me to stop, which I did, and the policeman came and took us into custody—on going to the station house, having had nothing to do with the things, I ran away and the little boy also, but I was brought back—I asked the officer to stop, but he would not.
JAMES THOMPSON re-examined. I saw no woman near the spot. I do not recollect his asking me to stop—I saw part of the linen spread out to dry, but before I got up to them it was tied up in a bundle—people were standing by them, and two of the rail-road police were standing by—the boy who gave me information is not here—he did not return to the spot with me.
Flood. I did not touch the linen at all—it was the rail-road policeman. Witness., I saw Flood put the linen together, and tie it in the bundle himself.
NOT GUILTY .
JAMES Cox. I am a carrier. I gave the prisoner a sovereign and one shilling, to buy some goods, which he never bought, nor have I ever got the goods—I did not know of his spending the money at that time—he was
to buy some cement—I gave it him on the 11th of August, and on the 12th my son had another sovereign and a shilling from me, and bought the cement—I asked the prisoner why he did not buy it—he said if he had bought it the horse was not strong enough to bring it home—in about half an hour I said to him "You had better give me my money back, and I will give it to Mr. Miller"—he made answer, "I can't give it to you"—I said, "What have you done with it?"—he said, "Lost it. "
NOT GUILTY .
GEORGE GREGORY . I am a baker, and live at South Mims. I gave the prisoner this money to discharge a bill—he was not my servant, but was servant to Cox, the carrier, who had brought me some furnace bars down by his cart, and the prisoner called for the money for Cox—I gave it to him to give to Mr. Llewellyn, who I had bought the bars of—I paid him, as Cox's servant, to give it to Llewellyn—it is a general thing to send money by an errand-carman to pay bills—he did not make any representation to me to get the money—it was my own voluntary act, giving it him.
NOT GUILTY .
ANN WEBB . I live at Whetstone. I am not in business now—I gave the prisoner two sovereigns, to fetch me some goods from a grocer's in town, which he did, after a few days, but I have them to pay for—I looked to Cox as responsible—I wrote to Bedwell and Yates to know if he had paid for them—I trusted him with the money, to get the goods and pay for them, as he had been in the habit of doing it before—he did not apply to me to be allowed to get them, but I employed him.
JOHN RICHMOND . I am clerk to Bedwell and Yates, wholesale grocers and tea dealers, St. John's-street. The prisoner brought me this written order—(producing it)—I executed it—Mrs. Webb was formerly a grocer, and knowing her we gave the prisoner the things—I did not ask him for the money—they came to 1l. 17s. 6d.
MRS. WEBB. I never intended him to return me the money—I expected the change.
NOT GUILTY .
2103. THOMAS BEAGLE was indicted for stealing, on the 15th of August, 1 glazier's diamond, value, 14s., the goods of Richard Ellis Bateman; and 1 copper plate, value 1s., the goods of George Alfred Walker.
RICHARD ELLIS BATEMAN . I am assistant to George Alfred Walker, a surgeon, in Drury-lane. On the 14th of August last, I had a glazier's diamond on my dressing-room table—the prisoner was employed in the house gilding a large frame for Mr. Walker—I did not lock my dressing room door—I missed the diamond about a week after—the prisoner's job was then over—I afterwards saw the pawnbroker's duplicate in the hands of Mr. Walker, by which I found the diamond at Mr. Townsend's, Little Russell-street, Covent-garden—I sent a boy with the ticket, and he brought me the diamond—I know it (looking at it) by its general appearance, and also from the maker's name—I can undertake to say it is the one I lost
WALTER WARD . I live with Mr. Walker as errand boy. This copper plate belongs to my master, and was kept in a table drawer in the top room over the room the prisoner worked in—I saw it a day or two before he left—I afterwards claimed it at the shop of a pawnbroker—it was a plate in tended for the Lancet publication, but afterwards he had one done on wood.
Cross-examined by MR. DOANE. Q. It was thrown aside, I suppose, as useless? A. No; master intended to have something else done with it—I remember the diamond being missed—I can't say whether I saw the copperplate after the diamond was gone.
ROBERT GOODEY . I am a carver and gilder, and live in Drury-court. I know the prisoner by sight—he came to me on the 15th of August—I bought this copperplate of him, and the duplicate of the diamond for 1s. together—I gave the duplicate to Mr. Walker—he is not here—I know this to be the duplicate by a crease on it.
Cross-examined. Q. How much was it pawned for? A. Three shillings.
EDWARD MABB (police-constable F 114.) I apprehended the prisoner—I told him it was for stealing a diamond—he said he was innocent—I received the diamond and plate from Mr. Walker, and have produced them.
JAMES HITCHCOCK .—I am shopman to Mr. Townsend, a pawnbroker, in Little Russell-street, Covent-garden. On the 15th of August, a diamond was pawned at our shop by the prisoner for 3s.—I gave the duplicate produced for it—it was redeemed previous to the prisoner's being apprehended—I have the counterpart of the duplicate—we keep both tickets when the article is redeemed.
MR. DOANE. Q. When did you notice the marks? A. After I got it out. (The prisoner received a good character.)
GUILTY . Aged 29.— Confined Six Months.
2104. JOHN FRANCIS, alias FRANKLYN was indicted for stealing, on the 6th of September, 1 dung fork, value 1s. 6d.; 1 kettle, value 1s.; 1 gimlet, value 1d.; and 1 bit of flannel, value 1d.; the goods of William Smith.
SAMUEL PEGLER (police-constable S 104.) On the 5th of September in the morning, I saw the prisoner near Aberdeen-place, Edgware-road, with a dung fork across his shoulder, a basket before and another behind him, and inside the basket a kettle—I followed him, and said to him, "You are carrying some apples," which I saw in the basket behind—he said, "Yes"—I asked where he brought them from—he said about two miles from Kelsall-green, and was going to Kent hopping—I said I was dissatisfied, and must take him to the station-house—he said he would not go—I collared him—a struggle ensued, and he made a thrust at me with the fork—I let go my hold, and took out my staff—he held by this stick in a striking position, and with an oath said he would break my arm if I did not let go of him—after struggling with him a person assisted me with him to the station-house, and I found under the apples in the basket two geese warm, and in his pocket a gimlet, a flannel, and a knife—at the station-house, being asked where he got the things, he said he bought them of a man on the road—it was half-past six o'clock in the morning.
Prisoner. I never held up my stick to strike him—he pulled the dung fork towards himself.
WILLIAM SMITH . I am a gardener, and live in England-lane, Hampstead. I missed from my garden a dung-fork, a kettle, a piece of flannel, and a gimlet—these are the articles—I can swear to them—I missed them on Tuesday morning—the pales were pulled down to get into the garden.
Prisoner. I throw myself on the mercy of the Court.
GUILTY .* Aged 60.— Confined Twelve Months.
(There was another indictment against the prisoner.)
JAMES GRADY . I am fifteen years old, and am apprentice to James Hurley, of Teale-street, Bethnal-green, a weaver. I broke some threads of my warp, and went downstairs to fetch another apprentice to help me, but he would not come up—the prisoner was a journeyman of my master's, and went up with me to look at the threads, but did not mend them—I mended them myself—he did not stop above two or three minutes in the room—my master keeps his watch at his loom in the room I worked in, and missed it—I had seen it safe at nine o'clock at night—the prisoner was in the habit of sleeping in the house, but did not come back that night—nobody but him had been near the watch—it was about half-past ten o'clock that I went down for the apprentice—nobody but the prisoner had been in the room—I have since seen the watch at the pawnbroker's—the prisoner went round to master's loom when he was in the room.
MARK JARVIS (police-constable K 193.) I apprehended the prisoner—he denied the charge—I found 6s. 10d. on him—I took him on the evening of the 19th, in Whitechapel-road—he had not returned to his master.
JAMES GRADY re-examined. I was two or three minutes down stairs the watch was up in the shop—the street door was shut, and there was no body in the house but the prisoner, me, and the other apprentice—not from half-past nine o'clock till I missed it—the apprentice did not come up to the room—the prisoner came up, and about half an hour after he was gone down I missed the watch.
Prisoner. The street door was open when I came down stairs from the room.
NOT GUILTY .
NEW COURT.—Thursday, September 21st, 1837.
Fifth Jury, before Mr. Common Sergeant.
WILLIAM JEFFERY WATSON . I am salesman to Thomas Vesper and another. On the 17th of August I was standing at the door, and saw the prisoner likewise at the door—I turned my head to speak to a person—I directly saw the prisoner run off—I had some suspicion, and ran after him—I had some trowsers at my door at the time—by the time I got to the
prisoner, Scott had hold of him, with these trowsers, which were at the door just before, outside.
Prisoner. Q. When you saw me go away from the door, did some one give you information that a man had got a pair of trowsers? Witness. No.
WILLIAM SCOTT . I live at No. 15, Exmouth-street, Stepney, and am a joiner. On this evening I saw the prisoner running, and trying to conceal these trowsers under his coat—I seized him—a struggle ensued, and I took the trowsers from him, and gave them to the man.
Prisoner. Q. Are you the first person that stopped me? Witness. Yes, and there was a mob round you, till the man came up—it was not more than a minute before he came—no one went back to the shop to say that a man had got a pair of trowsers.
Prisoner. I was walking behind two ladies, they made a bit of a stop, and said, "Look at those things there," I saw them, and took them up, and was going on with them.
GUILTY .* Aged 20.— Transported for Seven Years.
ANN COLLINS . I am a widow, and live at No. 21, High-street, St. Giles. On the 7th of September, about five o'clock, I had a hat safe in the window, for sale—I did not miss it till a lad told me something—this is the hat.
JAMES GARDINER . I live at No. 27, Hertford-place, Lisson-grove. About five o'clock this day I was walking opposite this shop, and saw the prisoner take the hat from the window, place it on his head, and walk away—he had not a hat on when he went in.
GUILTY . Aged 16.—Recommended to mercy by the Jury and Prosecutrix.
Confined Three Months; Three Weeks Solitary.
GEORGE CLAMP . I am the landlord of the Artichoke public-house, in White Hart-court, Drury-lane. The prisoner received no wages from me, but he lived and lodged in my house—he had no other support than what he had from me—he had victuals and lodgings, but no wages—I gave him clothes occasionally—about four o'clock in the afternoon of the 9th of September, I gave the prisoner a watch-chain, two seals, and a mourning ring, to go and pawn, to get 2l. on them—I wanted to oblige a friend—he went, and I saw no more of him till the officer had him, on the Tuesday night following—this is the watch and chain—I employed him as a servant to do this; and when he did any thing for me, of course, I paid him—I was to give him nothing for this—he is a tailor by trade—he has been in my house for two years—I gave him money to set his dinner not ten minutes before.
Prisoner. I should wish to know what board and lodging he gave me—he did not give me victuals—if I did any work for him he let me have bread and cheese and beer, and then deducted it from my wages for making clothes for him—I made his clothes and his family's for years, and never received a farthing from him.
NOT GUILTY .
JAMES CLAYTON . I am a labourer, living at Hanwell. I lost a coat and a pair of braces off Daniel M'Kenzie's work at Hanwell—I was at work on the railroad on the 11th of this month, and saw them safe about half-past ten o'clock, and missed them about eleven—these are mine.
EDWARD JAMES LEVY (police-constable F 18.) About half-past twelve o'clock on this day I met the prisoners, and Price had a bundle under his arm—I asked him what he had got there, and he said it was not his, it belonged to Pearce—Pearce did not hear that, he was about a dozen yards off, and when we got to Pearce, Price said, "This policeman has stopped me and asked what I have got in the bundle," and then Pearce said, that was no odds to me, that was his business—I said I should take them both—on the way, Pearce said he had bought it of a man on the Staines road, gave him 5s. for it—I searched the prisoners in the station-house, and found on Price the braces, which he said were his own.
Price. I was going to work, and Pearce gave me this coat to hold while he laced up his boots—he told me to hold it and he would give me the braces—he asked me to pawn it and I said if I did I should be as bad as him that took it.
Pearce. He was coming over a hedge and brought this bundle, and I said, "What is this?"—he said, "It is a coat"—I took it off the pales—I never carried it at all—when he got from the pales where he threw the coat over to me, he put his hand in the pockets and found a pair of braces—he said, "These will just fit my father. "
PRICE— GUILTY . Aged 16.— Confined Six Days.
PEARCE— GUILTY .* Aged 15.
Confined Six Months; Six Weeks Solitary.
SAMUEL SCRAGGS . I am a wagoner, and live in Buckinghamshire. On the 19th of September, I went into a beer-shop at Ealing and drank, and took my whip with me—I sat down in the corner, between twelve and one o'clock, for about an hour, and then missed my whip—they said that a young man with a striped jacket had taken it—I went into the stable where my horses were feeding, and took the traces off one and rode after him, and took the prisoner with the whip.
MICHAEL DENNEY (police-constable T 67.) I met the prisoner and the prosecutor as I was on duty—the prosecutor said to him, "Where is my whip which you stole?"—he said, "I did not steal any whip, I have not got any whip"—I then stopped Deane's cart of fruit that he was driving, and found this whip concealed in the back of the cart among the fruit baskets.
JURY. Q. What sort of a cart was this? A. A one-horse cart, with a covering over the baskets, and the whip was down in the bottom of the cart, behind—the prisoner said he did not put the whip there—he had no whip of his own—there was no part of the whip out except the lash, which was tied to the rail behind.
Prisoner. I was sitting in Mr. Tomkins's, having some refreshment, and some one put it behind my cart—I did not know anything about it—I did not know I had it.
GUILTY . Aged 19.— Confined One Month; One Week Solitary.
GUILTY . Aged 22.—Recommended to mercy.
Confined One Month.
HINRICH BASS . I am a tailor, and live in Upper-street, St. Martin's lane. I was in a public-house in Farringdon-street, between two and three o'clock in the day, on the 29th of August—these two girls came and asked if I would stand some gin—I said "No, I had no money to pay for gin, I had no money for myself"—I had come from Leicester-square, and had got a waistcoat with me—I wanted to go to the London Docks, and I went into the public-house, because it rained—I said I had no money to buy gin, so they played tricks with me, one in front and one at the back—I tried to get away, and while I was trying, my waistcoat was gone—I cannot say who took it—I am sure these are the girls.
Fitzgerald. I never was near him, only when I was in the house—when he came in with the young woman, I was in the room talking to another person—this other young woman went out at the side door, and he went after her—I went out, and this man came, and said I had stolen his waistcoat—I saw this other young, woman, and I said, "This man says I have taken his waistcoat"—she said, "He cannot say that, as he gave it me to pawn"—he then gave me into custody. Witness. She asked just the same as the other girl did, whether I would stand some gin—I did not go out after the other girl, till I lost my waistcoat.
RICHARD JONES (City police-constable 41.) I took both the prisoners—they were put into different cells—I found this duplicate torn up in the cell that Oakes was in—I found 2s., 9 1/2 d. on her, but none on the other.
Oakes's Defence. I was going along Farringdon-street, and met this woman—she asked me to go and have some beer—we went, and this man came in, and seeing us talk together, he said, "Well, ladies, how do you do? will you give me a drop of beer?"—I said, "Yes"—he talked with us, this young woman went away, he stood talking five or ten minutes, and then I asked him to treat me with a drop of gin—he said, "I have got no money, "but he asked me to go to the door, and then he asked me to go home with him—I said I had no objection," But, "says I," you said you had no money"—he said, "Wait here, I have got a friend in side"—he went and got this waistcoat in a paper, and said if I would pledge it for him, he would satisfy me—he gave it me—I went and pledged it, I had to go a few minutes' walk from the place, and when I went back again, I was going up Farringdon-street—I saw a young man in a cart—a porter—he beckoned to me, and told me to go with him, and in going along, I saw the prosecutor and this young man—she said to me," He says I robbed him of a waistcoat," and I said he gave it me to pledge, and here is the money and ticket—we went along to the corner of Ludgate-hill, where I said I was going to have a drop of gin with the man that was in the cart, and then he gave charge of us—I was taken to the station—I asked this young woman to go and let my friends
know, and when she came back they took her into custody—I had the ticket in my hand, with the money, and the officer says that I tore it up but I did not know that I had done so—when they asked for it, I said I had lost it, but there was the money—they went into the cell to look, and found the ticket—this young woman knew nothing of it—he gave the waist coat into my hands, and said he had a friend inside, and did not want him to know that he had spoken to any woman.
HINRICH BASS re-examined. I did not authorise this woman to pawn the jacket—I did not know that she had it—I had a man with me—I do not know his name—I did not give a young man in charge before the women—I asked a young man if he knew who these two girls were.
OAKES— GUILTY .* Aged 24.
Confined Three Months; Three Weeks Solitary.
FITZGERALD— NOT GUILTY .
JOSEPH CHIPCHASE . I am a shoemaker, and live in High-street, Shadwell. I had some boots, on the 18th of August, hanging outside the window, about eight o'clock, and I missed two at a quarter past eight o'clock—I received information, ran out, and overtook the prisoner at no great distance, with these two boots in his possession—they are mine—a police man was with me, and took him—he said, "I have got nothing," and dropped the boots at his feet.
Prisoner. I know nothing at all about them—I had been drinking with a few friends.
GUILTY . Aged 22.
Prisoner. I picked up the box, and four duplicates in it as I was going to work, the very day I was taken.
LAURENCE KENNEDY . I am a pawnbroker and live at Shadwell. I produce this waistcoat, it was pawned by a man strongly resembling the prisoner—I cannot swear to the prisoner—he gave his name Driscoll—he was a coal-whipper, the same as the prisoner, and his face was all black.
GUILTY . Aged 22.— Transported for Seven Years.
2116. ELIZABETH REID was indicted for stealing, on the 15th of September, 1 jacket, value 5s.; 1 handkerchief, value 4d.; 4 pence, and 13 halfpence; the goods and monies of Edward Anderson, from his person.
EDWARD ANDERSON . I belong to the brig Sceptre, of Shields. I lost a jacket and handkerchief on the 15th of September, when I was drunk—these are mine—I had 4l. when I came from the ship, and I lost every thing I had—when I came from the ship I got a drop of drink in the public-house, and the jacket was gone off my back—I put my hand in my pocket, and my money was gone—I asked the landlord if he knew any thing of it—he said he did—I came to the door, and saw the prisoner with my jacket—I asked her for it—she would not give it me—she began to curse and swear, and how to get my jacket I did not know, so I thought it was the best way to give her to the police.
Prisoner. You took me away from a young man, a captian, who I was with—you took me to the Coach and Horses, and called for a quartern of rum, and you told me to pawn the jacket, and I would not pawn it—I came back with the jacket to the public-house.
ALFRED LEE . I live at No. 43, Lower Cornwall-street. I went on this morning to the Crooked Billet, in King David-lane—I saw the prosecutor there, and the prisoner—she put her hand into his pocket, and Pulled out 10 1/2 d. counted it, and put it into her pocket—I came out, and told my master of it—I went in again, and saw the prisoner take the jacket off his back—he was so drunk that he could not help himself—she rushed out of the house—the man went to sleep for an hour—then he missed his jacket, and made an oration about it; and then I went to the door, and saw the prisoner with the jacket—she abused me, and would not give it him, and said it was not his—I gave her in charge—the prosecutor was so drunk he could not have given it to her. Prisoner. I was worse in liquor than he was, and he gave me jacket to pawn.
SAMUEL WOOD (police-constable K 147.) I was called—the prisoner denied that the jacket was the prosecutor's—she was not drunk, but the prosecutor was—this jacket and handkerchief were in her possession.
Prisoner. All I had was 10 1/2 d.—he told me to pawn his jacket, which I would not—if I had any inclination to keep it, I should not have come back again in half an hour with it—I was very drunk.
GUILTY .* Aged 28.— Transported for Seven Years.
CATHERINE CLARK . I am the wife of Alexander Clark, and keep an oil-shop in Shadwell. Brown came, on the 22nd of August, to my shop, and asked the price of white paint—no one was with her—I did not miss any thing then—Mr. Jackson, an opposite neighbour, came and told me something—I then looked, and missed five brushes—these are mine, they are marked A. C.
JOHN JACKSON . I live in High-street, Shadwell. I was standing at my door about half-past one o'clock this day, and saw the two prisoners near Mr. Clark's—they passed two or three times, looking into the shop, apparently intending to rob it—after passing the third time Brown went in and Coleman waited outside, and as Brown was going in Coleman took off these five brushes from the side of the door, put them under her cloak and went up the street—I went after her, and she was taken—I went to the shop and told what I had seen—as Brown was going in she covered the other while she took them off the nail—they were four or five feet inside the door.
Coleman. I picked them up off the ground—I did not step my feet inside the shop. Witness. I do not say you did, but you put your arm inside and took them off—the other went in to cover what you were doing.
MICHAEL DEMPSER (police-constable K 247.) I was pursuing the prisoner and took her—I did not see her drop the brushes—the inspector did, and he took them up—I pursued her for a quarter of a mile—she was running from the prosecutor's house.
Coleman's Defence. I saw these brushes on the step of the door—I was not aware that they belonged to the shop—I was walking quick, and when I got over the wooden bridge they slipped from under my arm, I was turning back to pick them up when the officer took me.
(The prisoner Coleman received a good character.)
BROWN— GUILTY . Aged 18.
COLEMAN— GUILTY . Aged 19.
Recommended to mercy by the Jury and Prosecutor.
Confined One Month; One Week Solitary.
2118. THOMAS STOKES was indicted for stealing, on the 19th of August, 200 yards of canvas, value 5l.; 200 yards of Hessen, value 5l.; 1 axe, value 2s.; 1 centre-bit stock, value 1s.; 1 centre-bit, value 6s; and 2 bags, value 6d.; the goods of the West India Dock Company, his masters; and WILLIAM WAGSTAFF and JAMES HALLEN, alias Hallem, alias Smith , were indicted for feloniously receiving 200 yards of canvas, value 5l.; and 200 yards of Hessen, value 5l.; part of the same goods; well knowing them to have been stolen; against the Statute, &c.—3rd COUNT, for feloniously receiving them of some evil disposed person.
Messrs. CLARKSON and BODKIN conducted the Prosecution.
MATTHEW PEAK (police-constable G 189.) On the 8th of August I was on duty in Bath-street, City-road, about one o'clock in the afternoon—that is upwards of a mile from the West India Dock warehouse, which is in Fen church-street—I saw a man of the name of Miller carrying a bag—I stopped him and asked what he had got there—he said, "It don't belong to me, it belongs to that man ahead," pointing to the prisoner Wagstaff—upon his saying that, I called to Wagstaff and asked him what was in the bag—he said it was bags—I said, "Where did you get it from?"—he said, "From Hackney"—that was the first answer he gave me—I asked who it belonged to—he said to himself—I asked," Why you are going towards Hackney; where are you going to take it to?"—he said, "That is my business"—I told him he must come to the station-house and explain it there—I took him there, and he then said he got it from Glover's Hall-court, in Beech-lane, where he lived—he gave no other account till he got before the Magistrate—I do not know whether what he said was taken down in writing—I do not think it
was—he said something else there—I searched the bag, and have its con tents here—this is part of it—here are forty-six pieces of canvas, all three yards long—two have marks on them, M 544—the others are plain—I took the prisoner Stokes on the 12th—I found him at the West India Dock warehouse, Crutched-friars—he told me he lived at No. 1, Smith-street, Thomas-street—I went there, and searched the house, accompanied by Mr. Williams, of the Dock Company—I there found an axe, a centre-bit stock, two bags, five pieces of canvas, and a number of screws—these are them—I never saw a person of the name of Morris till I was at the office.
Cross-examined by MR. PAYNE. Q. Did Stokes tell you where his residence was? A. Yes, and it was right—I found these things in a tin box, in the kitchen—there were a lot of old nails in it—I went into the garden—there is no summer-house being built there—I went to another garden over some fields, which was pointed out to me by his wife—there was a summer house there, but it was quite complete—I understood that it was a garden occupied by the prisoner jointly with another person—this axe and the screws Mr. Williams said belonged to the Dock Company.
Cross-examined by MR. DOANE. Q. You say there are forty-six pieces of canvas? A. Yes; cut into three yard lengths—this was about ten o'clock—I did not say that Wagstaff stated that he was going to Hackney; he said he got them from Hackney—I said, "You are going towards Hackney"—I will swear that his answer was not that he was going to Hackney—I found him in Bath-street, City-road, nearly a mile from Hackney—I should have gone a shorter way to Hackney—Wagstaff came up to me at once when I beckoned to him, and claimed the bag as his.
MR. PAYNE. Q. Did you examine the seats in this summer-house? A. No. It appeared to me to be quite complete, from what judgment I have—I sat on the seats, and thought they were fixed—I cannot say whe ther they had more than one leg.
MR. BODKIN. Q. How far was Wagstaff ahead of you when you spoke to Miller? A. About twenty or thirty yards—I should have stuck to the property—he told me he had brought it from Hackney, and I said, "You are going towards Hackney. "
(The Act of Parliament was here produced, which incorporated the West India Dock Company, and empowered them to sue and be sued under that title.)
GEORGE MILLER . I live in Cherry Tree-alley, Golden-lane. I am not a porter, but being out of employment I took to it—on Tuesday, the 8th of August, about noon, I was in Coleman-street—I saw Wagstaff there—he asked me if I wanted a job—I said, "Yes, I should be glad of it"—he said he would give me a shilling and a pot of beer to take a load for him—I said, "Very well, where is it going to"—he said, "You have got a good bit to go before you take it up"—I asked him what I was to carry—he said, "That is no odds to you, it does not weigh more than 1cwt. 1qr., you can carry that, I suppose"—I went to No. 4, Glover's Hall-court, Beech-lane—I don't know whether the house is let out in lodgings—I went into the two pair front room, and saw a lot of papers all over blue, besides the bag that I took—I can not say that I know the colour of indigo—it was a very dark blue colour—I took up the bag, and helped him down with it into the street—when I got it upon my back I asked him where I was to go to—he said, "Do you know Hoxton?"—I said, "Yes, very well"—he said, "Do you know the Green Man?"—I said, "Yes, very well indeed"—he said, "That is where you have got to go to, to take it as far as there"—we started together—I
went through Bath-street, and Mr. Peak stopped me about twenty yards up—upon his asking me whose it was, I pointed out Wagstaff—we were taken to the station-house—this is the bag.
Cross-examined by MR. DOANE. Q. You did not think it wonderful to get a job? A. I was very glad of it—there is none hardly to carry now—I was hired about a quarter-past twelve o'clock.
RICHARD WILLIAMS . I am a warehouse-keeper, in the employ of the West India Dock Company—they have premises in Fenchurch-street—Stokes was in their employ, and had been so a little exceeding two years—it was his duty to take charge of certain stores in the warehouse—30,029 1/2 yards of canvas had been placed under his care—it is an article prepare expressly for the Company's use, of a particular weight and quality—I find on this piece of canvas a numerical number, and the contractor's mark on it, the letter M for Murray, and a number, as received on a particular day—these facts satisfy me that it is the property of the Company—I have no doubt of it—I cannot say what quantity has been lost—about two or three hundred yards must have been taken—a person in Stokes's situation must have missed so great a quantity if it had been taken by anybody else—he never made any representation of having missed any before he was taken from his employment—he would have ample opportunity of stealing that quantity if he chose—he had the care of those things—it was part of his duty to send out samples of indigo from the warehouse—they were sent out in bags—if any thing else went out in the bag, nobody else would look over it—it would go out on his own responsibility—on the 8th of August, I saw Stokes send out some indigo—these tools are the property of the Company—they were in Stokes's care—it was his duty to keep them in a store-room—they were to be locked up—he had no authority to take them off the premises.
COURT. Q. Did Wagstaff work on the premises? A. I never saw him—he had nothing to do with the Docks, to my knowledge—I never saw him there.
MR. BODKIN. Q. Do you know Ridler? A. Yes, I have seen him on the West India Dock Company's premises with Stokes—I found marks of indigo on the generality of the canvas bags—they would not be cut to these lengths for any purpose on the Company's premises—they are each about three yards long—these papers which were found in Wagstaff's lodging, have contained samples of indigo—I am positive they have been on the Company's premises—each paper has contained two-pound samples of indigo—the samples sent out by Stokes on the 8th of August were contained in papers of this kind—I cannot say that they were sent out on that day, but they have been on the premises.
Cross-examined by MR. PRICE. Q. This must have been taken from within the Docks? A. From the warehouse in Fenchurch-street—that is one of the general warehouses of the West India Dock Company—if these things had not been lost, or found or stolen, they ought to have been in the warehouse—nothing properly or honestly leaves the ware house in these small pieces—if I found a piece of canvas of this description, I should not recognise it as being the property of the Company, except from the mark—the Company sever the pieces they have to different lengths, but never to three yards—we have what is called Bolts of canvas, containing about seventy-two yards each—the smallest piece that the Company cut is about three feet six inches—they cut off larger pieces, as high as seven feet five inches, and three feet three quarters, but never
three yards exactly—whoever stole this piece must have taken it off the premises.
Cross-examined by MR. PAYNE. Q. When were you first examined before the Magistrate? A. On the 11th of August, and on the 18th of August.
MR. PRICE. Q. Do you know Mr. John Morris? A. Yes—I do not know how to describe him—I know nothing about him from my own personal knowledge—I saw him last in May—he was introduced to me by Mr. Tyrrell, with reference to information that Morris had given him, not being found to be applicable to the East India Dock Company, but presumed to be applicable to the West India Dock Company—then I had an interview with him—and it was found to be our man Stokes—Mr. Morris was introduced to me by Mr. Tyrrell, as being capable of affording information of the Company having been robbed—he offered some information as to the description of the prisoner Stokes, and his daily avocation—what I heard I communicated to Mr. Longlands, the secretary.
MR. PAYNE. Q. Was the 25th of August the first time that any evidence was given about finding the centre-bit, and the other things? A. Certainly not—that was the final commitment—I gave my evidence of finding the things on the 12th—I did not sign any paper on the 12th—on the 18th I signed my first deposition, and a week after that I signed another deposition, containing an account of finding the things at Stokes's house—on the 12th Stokes was taken, and taken before the Magistrate, and on the same day his house was searched, and the centre-bit, stock, and bags found, and brought to the office—I signed a deposition on the 18th and another on the 25th, but it was mentioned on the first examination—there is a thoroughfare through the warehouse-yard on sufferance—we have a right to stop people, but do not—from twenty to two hundred persons are employed by the Company—I am general superintendent—the bags for packing are given out by Stokes to the maker—when the samples of indigo are not returned we see no more of the papers—but these had been returned—there is the mark of the sale lot on them—the indigo was sold in October last, and the papers remain till there is a sufficient quantity to sell them—but they never have been sold yet—after the bags quitted the prisoner's possession, and before they left the warehouse, I should say things could not have got into them that ought not—he having obtained a pass for them to go out, the gate-keeper puts his hand to them—he does not inspect them—Stokes is not there every day from morning to night—he was sent on messages formerly, but not lately—other people send out goods when he is not there—there were 30,029 yards of canvas, and Stokes never complained of his having lost two or three hundred yards—it could not have been taken without being missed by him—he has the general appropriation of this cloth—they remain in bolts till they are converted to different lengths by the prisoner—we have not been in the habit of taking stock—I understand that Stokes was in the employ of the East India Company before he came to us, and that he had a pension from them—I do not know how long he was there—I know two Mr. Johnsons—I do not know which of them is in the Private Trade Office of the East India Company.
MR. BODKIN. Q. You have been asked whether there is a thorough fare through these premises, is it through a gateway? A. Yes; that does not enable people to go through the warehouse—when a number of these
sample-bags of indigo are to be sent out they are put into a sack—it was Stokes's duty to do that, and it was his duty to go with it till it was off the premises—the watchman at the gate makes no examination—that would detect cloth at the bottom of the sack—it is a mere casual examination—confidence was placed in Stokes—200 or 300 yards is the quantity we have found—how many more have been stolen I cannot tell—from May to August communications were made to me with respect to the robberies going on at the warehouse, Stokes was allowed to remain in his situation undisturbed till August—about the 19th or the 20th of May the Company declined having any thing to do with Morris.
ELIZABETH ELLEN LOWE . I am the wife of Joseph Reed Lowe, a working optician, and live in Glover's-hall-court, Beech-lane. I knew Wagstaff—he lived in the up-stairs room of our house—on Tuesday, the 8th of August, I saw him in company with the prisoner Hallen at my door—they went away together—shortly after that Wagstaff returned with a bag—there was something in it—it was such a bag as this—it appeared bulky—he took it up stairs—Wagstaff went out directly without the bag—he soon after returned in company with another man, a stranger to me—Wagstaff and the stranger went up stairs together—I afterwards saw them in the passage with the bag—I should not know the man again that was with him.
Cross-examined by MR. DOANE. Q. You saw Hallen and him together? A. Yes, that was first—then they went out, and Wagstaff returned with the bag—it was not ten minutes after Wagstaff went out that he re turned with the porter—he returned about a quarter past twelve o'clock with the bag, and in a few minutes he brought the porter and went off.
THOMAS COOPER . I am a watchman in the employ of the West India Dock Company. I was there on the 11th of May—my attention was directed to a man of the name of Ridler, by John Williams—I watched Ridler, and followed him, when he left the dock, into the Minories—I then saw him with the prisoner Hallen—they went to a public-house, and then to an oil shop—I did not see them after—I don't know Stokes—I am watchman at the West India Docks.
MR. PAYNE called
JOHN TREBLE . I live at the bottom of Carter-street, Walworth-road. Stokes is building a summer-house—I was lending him a hand—I saw these tools there—the summer-house is not finished yet—I have known him ten years, and always understood him to bear an honest character.
(John Davis Cox, a publican, of Thomas-street, Kennington-common, and Richard Jones, of the Feathers, in Wild-street, gave the prisoner Stokes a good character.)
THOMAS STOKES— GUILTY .—Aged 33.
WILLIAM WAGSTAFF— GUILTY .—Aged 29.
Transported for Seven Years.
JAMES HALLEN— NOT GUILTY .
Sixth Jury, before Mr. Sergeant Arabin.
2118. JANE HUGHES was indicted for stealing, on the 1st of August, 8 shirts, value 1l.; 3 flannel shirts, value 7s.; 3 shawls, value 7s.; 2 pairs of boots, Value 4s.; 7 handkerchiefs, value 10s.; 2 blankets, value 5s.; 3 books, value 8s.; 1 pair of trowsers, value 2s.;1 sheet, value 3s.;6 pairs of stockings, value 5s.; 2 yards of calico, value 1s.; 1 watch, value 1l. 5s.; 2 rings, value 1l.; 1 milk pot, value 12s.;3 coats, value 17s.; 3 gowns, value 15s.; 2 jackets, value 8s.;1 pair of breeches, value 8s.;3 frocks, value 6s.; 2 petticoats, value 2s.;1 necklace, value 2s.; 1 shift, value 1s.; 2. waistcoats, value 4s.; 1 table-cloth, value 2s.; and 1 spectacle-case, value 6d.; the goods of Abraham Hughes : and JOHN CHAMBERS as an accessory after the fact.
MR. PAYNE conducted the Prosecution.
ABRAHAM HUGHES . I live at No. 29, Wellclose-square, in the parish of St. John, Wapping, and am a waterman. I have lived in that neighbourhood about twenty years—the prisoner Hughes is a daughter of mine—on Thursday morning, the 17th of August, I went to my work, and told her to get me a shirt—I put it on and went to my work—when I got there I pulled off my jacket, and found my shirt all ragged, and said, "This shirt I must have left off two years ago"—I did not see the male prisoner till Saturday, the 19th of August—on Sunday morning, the 20th of August, I received some duplicates from my daughter Mary Ann—I have seen the property produced—the whole of it is mine—I have never authorised my daughter to pawn any property of mine within the last twelve months—I had redeemed some that she took there before—I know nothing of the man any more than he was pointed out as the person that was always in company with her.
Cross-examined by MR. BALLANTINE. Q. When did the female prisoner leave you? A. On the 17th of August—she had been living in my house before that for twelve months, sleeping there, and I keeping her and working for her—I gave her no authority to pawn these things—I did so two years ago perhaps—I have never known my daughter pawn things and bring them home again for these last twelve months—those duplicates relate to these articles.
MARY ANN HUGHES . I am the daughter of Abraham Hughes, and shall be sixteen years old on the 20th of December next. I remember being ex amined before the Magistrate—on the Thursday morning week before I was examined I left my father's house—just before this my sister, the prisoner, took away some shirts—she had taken things at other times—I knew the prisoner for Chambers about two or three months—he has often been with my sister—on the morning of the Sunday before I was examined I saw him at the top of Wellclose-square—I asked him if he knew where my sister was—he said, "Yes"—I asked him if he would tell me—he said he would tell me to-morrow—he asked me what I wanted with her—I told him to get the tickets—he put his hand in the tail of his coat, and brought me out the tickets—there were twenty-nine, I believe—he said he got them from my sister—he told me where my sister was—I saw him again the next day but not to speak to him.
Cross-examined. Q. What day was it these articles were taken? A. They were taken almost every day—I did not mention it to my father—it had gone on more than six months—I do not remember the 1st of August—my father had not missed the property—she might bring back such things as she thought her father wanted—she lived in the house till the 17th of August—when I asked this man for the duplicates, he gave them to me—I do not know of eight shirts being taken at once—only one or two.
MR. PAYNE. Q. Do you know when these shirts were take? A. I cannot say the day of the month—it was three or four weeks ago.
female prisoner—they consist of neckcloths, white shirts, coloured shirts, a milk-pot, and other articles.
JOHN ANDREWS . I am an assistant to Mr. Telfer, a pawnbroker. I pro dluce some coats, jackets, and a variety of articles, chiefly wearing apparel pawned by the female prisoner—as far as my knowledge extends, the first date was the 1st of July, 1836, the last some time last August—there is one of the duplicates dated August 14.
HUGHES— GUILTY . Aged 18.—Recommended to mercy by the Jury.
Transported for Seven Years.
CHAMBERS— NOT GUILTY .
2120. JANE HUGHES was again indicted for stealing, on the 14th of August, 1 jacket, value 8s., the goods of Abraham Hughes; and JOHN CHAMBERS for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
MR. PAYNE conducted the Prosecution.
MARY ANN HUGHES . This is my brother's jacket—I never saw it in Chambers's possession—on the 14th of August, my sister came up stairs and took the jacket, and Chambers and her went into the public house and drank together—the jacket was pledged—I saw my sister go down the street with a bundle—I went up stairs, and missed my brother's jacket—Chambers and my sister were then together—I saw them together when I missed the jacket, in Neptune-street—I saw them together before she came for the jacket, in the square close by our house—I cannot say how soon after that my sister came in, as I had to go out, and when I came back I saw my sister and Chambers together—I suppose it was not five minutes—I did not see where the jacket was till I went up stairs into the room, and opened the drawers, and missed it—I saw it in my sister's possession in the house—Chambers was outside then—I ran after my sister, and saw Chambers outside the public-house—my sister came out of one door, and Chambers out of the other—I met Chambers on the Sunday morning, and he gave me these duplicates, among them was one for this jacket.
Cross-examined by MR. BALLANTINE. Q. What day in the week was this? A. Monday—I believe the 14th of August—my sister had been at home during the morning—she left the house before I did, and came back—I had seen this jacket in the drawer where it used to remain—I did not see my sister take it that day—when I returned my sister had gone out, and was in Neptune-street—I was almost close to her—Chambers was close to her at the same time—I saw something in her hand—I asked her where she was going to—she did not tell me she was going to pawn the jacket—I saw it was my brother's jacket—I know it.
COURT. Q. You had seen this property in a drawer, and you after wards saw this jacket in your sister's apron? A. Yes—she told me that she pledged it afterwards—I never saw it out of my sister's hands.
NOT GUILTY .
WILLIAM MERRIFIELD . I am shopman to Mr. George Wilson, a draper, living at No. 90, Whitechapel. The two prisoners came to the shop in company, about three o'clock in the afternoon of the 29th of August—they inquired for calico—I showed them some they purchased three yards—there were three bundles of shawls close to my right hand on the counter before they came, all secure—Murray left the shop after they bought the calico—she assigned no reason why she went away without the other—they had been dealing for the same articles—Riley remained about two minutes—she paid for the calico, and then went away—in about ten minutes I missed one of the bundles containing eleven shawls—no other person came in but the prisoners—three of the shawls have been found—I had seen these women several times at the shop before, and served them.
Murray. There were four young women brought into the shop, and he said it was the other young woman, who was discharged.
CHARLES LOVEGROVE . I serve in the shop. I remember Riley coming in with another—whether it was Murray I cannot tell—they remained about a quarter of an hour—I did not serve them—I had been serving shawls, and left them there—there was a paper, which contained eleven shawls—I believe no other person whatever could have taken them—the prisoners were there, when my customer went out, close to the shawls—I saw them safe then.
Riley. Was I near or by the shawls?—there were no parcels on the counter near where I was, and the place was full of customers.
Murray. When he took me to Mr. Wilson's shop, it was on suspicion of stealing the shawl that I have got on now. Witness, It was for the eleven shawls.
JAMES THORP. I am in the service of Mr. Soane, a pawnbroker, in Brick-lane. I have one shawl, pawned about twelve o'clock in the morning on the 29th—I cannot tell who pawned it—it was a woman, but to the best of my recollection, it was neither of the prisoners.
Murray's Defence. I was at home in my own place when the officer came in, and my shawl was hanging on the bed; he said, "Whose shawl is that?"—I said, "It is mine"—he said, "Where did you get it?"—I said, "I bought it"—he said, "I shall take you and the shawl to the shop;" and he took it and me—there were four young women taken into the shop, and the shopman pointed out this other prisoner and another young woman, who was discharged at the office—when I went to the shop Mr. Wilson
said he knew nothing of me, and when at the office he swore I was the woman—I can assure you I was not in the shop.
Riley's Defence. This woman was not the person that was with me; and how could any woman take eleven shawls, and no one see them?—the girl that was with me is taller and stouter than this one is—she never was in the shop with me at any time—the young lad, the pawnbroker, says that one was pawned at twelve o'clock in the day, and the shopman says we were there between two and three o'clock.
NOT GUILTY .
THOMAS GREENWOOD . I am watchman to John Irving, Esq., who lives at Ashford Ford, near Staines. I watch and labour for him—on the 19th of September, at half-past three, or from that to four o'clock in the morning, about 150 yards from the house, I saw the prisoner going across the meadow with something in his hand—there is a regular roost for the fowls in the yard—I followed the prisoner as quickly as I could, and got within about five yards of the hedge, when he dropped two fowls, and jumped over the hedge and dropped two more—I did not follow him any further, as I knew him—I said, "You need not run, I know you"—I knew him well, he lives near Hounslow—I have known him seven or eight years, and I spoke to him the evening before, about seven o'clock—I went back with the fowls, and called Mr. Dickens up—the prisoner was taken between ten and eleven o'clock the same morning, near his own house—I never knew him do any thing more than in this way—I am quite sure he is the person—two of the fowls were quite warm inside the hedge, and two laid in the ditch with their necks broken.
Prisoner. I had got a handkerchief of mushrooms in my hand—I never saw the fowls at all—did you see me take the fowls from the farm? Wit ness. No; I was about five yards from you when I saw the fowls in your hands—I did not know the fowls till I saw them drop that morning—when I inquired of my master he missed them.
THOMAS DICKENS . I am bailiff of Mr. John Irving—I bought these fowls of Mr. Richardson the day before, and put them to roost myself that night, and the next morning I missed them—I looked at the fowls that Greenwood picked up—I am certain they are part of those I bought—there was one I had said I would keep as a breeder.
Prisoner. Q. Were these under lock and key? A. I cannot say—I lost six, only four were found, but the man thought he had two in his hand when he ran away.
HENRY RICHARDSON . I am a carpenter and builder. On the Monday I sold Mr. Dickens fifteen fowls—they had been brought up by me—I fed them every morning—these four are part of them—there is no other individual in the parish that breeds this sort—they are an Indian fowl with yellow legs.
Prisoner. Q. Do you call this a yellow legged one? A. Yes I do.
ROBERT STEWART . I am a horse-patrol. I got the parish constable to assist me in taking the prisoner—when he saw the constable he bolted across some fields—I saw him make a halt at a fence, and after we took him I followed the road that he took, and one of us found two hen pheasants and a few snails concealed in the side of the hedge.
Prisoner's Defence. I was mushrooming in the field—I found about three
pints of them—I was going over the hedge and turned and saw something, but I could not see whether it was a man, or cow, or horse, it was so dark, and just as I jumped over he said, "I know you"—that was all that passed.
GUILTY . † Aged 37.— Transported for Seven Years.
2123. MATTHEW BANTON was indicted for stealing, on the 20th of August, 2 keys, value 2d.; 1 knife, value 3d.; 1 comb, value 2d.;6 inches of chain, value 2d.; 1 half-sovereign, 1 half-crown, 4 shillings, and 1 sixpence, the goods and monies of William Edward Budd, from his person.
WILLIAM EDWARD BUDD . I live in Sugar-loaf-court, Fleet-street, and am a carman—I did live with Mr. Norris, of Holborn. This occurred on the night of the 20th of August—I remember seeing the prisoner—I had not known him before—I was sober—I was passing down Holborn, and he and another soldier struck me with a stick—I asked them if they called that respectable conduct, and said if there was a policeman near I would give them into custody—I went on, and they begged my pardon—I said if they liked to have a pot of beer I would pay for it—they went into the Black Boy and Camel, in Leadenhall-street, and had one pot, and then a second—then we came out, and I remember no more—I had two keys, a knife, a tobacco-box, a piece of brass chain and some other articles—a half-sovereign, a half-crown, and the other money—I had it all safe in the public-house.
MICHAEL BRYANT . I live in Crown-court, Whitechapel, and am a labourer. On this Sunday evening, I saw the prisoner and the prosecutor opposite my door, in Blue Anchor-yard, Rosemary-lane—they were standing there as I was going home—the prosecutor seemed very drunk—I looked up, and the prisoner asked him if he had any money—the prosecutor said he had got plenty—his hat fell off—I took it up and put it on again, and he said, "I think you will protect me"—I said, "I will get a policeman, he will protect you"—the prosecutor then laid down on his right side, and the prisoner on his right side, and I saw the prisoner put his right hand into the prosecutor's left hand pocket—I sent my wife for the policeman, when he came I told the policeman to catch hold of his hand, and in it was a couple of keys, a knife, and comb—no money was found—we awoke the prosecutor, and said, "Ought you to have any money?" he said yes, he ought to have 17s.
PIERCE DRISCOLL . I am a police-sergeant. Bryant's wife called me—I went up and saw the prosecutor and prisoner lying on the right side—Bryant said, "Catch that man's hand," and I took these things from the prisoner—he said he was a cousin of his, and was protecting him—I took the prisoner to the station-house, but found nothing—he was so very violent he threw me several times—I could not get him to the station till I got another man—I was obliged to put my knee on him while I took these things from him by force, as he was about to put them into his pocket—I produce them.
(Property produced and sworn to.)
Prisoner's Defence. We went home with one female, and I stopped in the passage while he went in, and when he came out I went in, and these things laid on the bed—when I came out he was on the ground, and I fell down by the side of him—there were three of us together, and he went to three public houses with us—he persuaded me to stop out with him, and said he would pay for any thing we wanted.
NOT GUILTY .
3024. MARY HALE was indicted for stealing, on the 3rd of June, 2 glass tumblers, value 2s.; 3 candlesticks, value 2s.; 3 blankets, value 10s.; 1 salt-cellar, value 1d.; 2 table: covers, value 2s.; 2 wine glasses value 1s.; 1 pair of snuffers, 1 tray, value 1s.; 2 pillows, value 5s.; 1 bolster, value 3s.; 2 bed curtains, value 5s.; and 1 hearth-rug, value 2s.; the goods of Edward Walker.
MARIA WALKER . I am the wife of Edward Walker. I let ready furnished lodgings at No. 18, Sussex-street—the prisoner came to lodge with me on the 9th of May—she had one room on the second-floor—he husband did not reside with her—he only came occasionally—he was a gentleman's servant—I missed all these articles—they have since been found.
(Property produced and sworn to.)
Prisoner's Defence. I did not take them to keep, but with the intention to replace them—my husband was from town, and I was left short of money—he was away longer than I expected he would be.
GUILTY . Aged 40.— Transported for Seven Years.
OLD COURT.—Friday, September 22nd, 1837.
First Jury, before Mr. Sergeant Arabin.
JOSE RODRIQUEZ DE LOSADA . I am a Spaniard. I am a watchmaker, and carry on business in Wayfield-street I have known the prisoner for a short time as a baker's journeyman, coming to my door with bread—on the 25th of August he came, and said he should like to buy a watch—I showed him one at the price of 4l.—he said he should like to take it to a friend of his, who was in the trade, to see if it was worth that; and if it was, he would come in the evening, and bring me the watch or money—he did not come then, but next day he brought the bread as usual, and said he did not think he should like the watch, and should like to have another—I showed him one which came to 2l.—he asked if I would let him have it on the same terms as the other—I said, "Yes, if you will bring the other back you shall have this"—he said I need not suspect him; he would come every day with bread, and he would come in the evening with the money for me, and the first watch he would bring back—he did not come—on the Monday I went to his master, and found he had a week's notice, and was gone—he had promised to come to me after seven o'clock—the watches were found in pawn.
Cross-examined by MR. JONES. Q. You knew who his master was when you let him have the watch? A. Yes, I had my bread from him—I had only known the prisoner three weeks—one watch was silver and the other metal—I did not agree that he should pay for it at different times—he at first
proposed to pay for it by instalments, but to that I would net agree; the agreement when he took it was, to bring the watch or money in the evening—he gave me a false name—if he had come in the evening, and said he would have it, and paid me, it would have been sold; but he did not come—he only had the first to show to a maker—I should not have been satisfied if he had sent me 2l.—the first was 4l.—2l. was as much as I asked for the second—I should have been satisfied with the 2l. if he had brought me the other watch—if he had only brought me part of the money I should not have taken it.
WILLIAM ROBSON . I am a pawnbroker, and live in Ashby-street, St. John-street-road. I have a watch, which was pawned by the prisoner on the 31st of August, in the name of John Byrne—he gave his right direction, I understand.
MR. JONES. Q. Have you not got the silver watch back? A. No, I do not know who has got it—I believe the policeman has, but I cannot swear it—I have not seen it in the hands of an officer, except at Hatton garden—I would not have given the prisoner credit for part of the money—I only let him have the watch for a few hours to examine—I was examined at the police-office—this is my signature (looking at his deposition)—(read)—"He obtained the watch on the promise to return it in the evening, or to pay me some portion of the money for it. "
NOT GUILTY .
Before Mr. Justice Vaughan.
2126. EDWIN BATES was indicted for feloniously and knowingly delivering a certain letter to one John Bagshaw, thereby and therein demanding, with menaces, money from the said John Bagshaw, without any reasonable and probable cause, and which letter was as follows:—"17, Cirencester-place, Fitzroy-square, June 25th, 1837."Sir,—I wish you to forward my letter before the committee of the Northern and Eastern Railway Company without delay "Gentlemen,—I have borne with patience my sufferings under your fraud and wrong till I can bear them no longer: inevitable death now stares me in the face. I am resigned, but am resolved not to go alone before that God that now warms my heart, and knows my purpose firm, to answer for my actions here. The rober, who stops one on the road to steal one's purse, exposes his person to our resistance. You, by your numbers, and by law, evade that oportunity of defence which the more honourable thief offers. Would to God that you were all comprised in one mass, that I might have one chance, to punish by my single arm the vil lany of the whole party. As I would hope for forgiveness for shedding the blood of the thief who attacks my property and my life, so shall I hope for forgiveness in heaven if my fury falls on the head of one or more of you, Could any man, with a heart in his brest, stand by, as you. have done, to see me perish? Knaves and villains all! look at my first letter to the company; and what man amongst you will say I am not a murdered man? You would see my body go to earth, my soul to hell, whilst you stood coldly by, and as coldly drank my blood, ere a man of you would stretch forth a finger to save me from inevitable destruction. You saw I had fallen from a state of ease by rash, but reasonable, (I had my reasons,)
though bold speculations: my all was placed in your hands. Before I was utterly lost I wrote to you to do me justice; but, instead of which, through that liar, knave, and coward, Rowcroft, the filthy instrument through whom you do your dirty work, I was no only robed of my money, but my very means of life were cut off by the treachery of that vile thing. I would have saved myself by honourable industry; but the means which were my own then, had you promptly said you would do nothing for me, were sacrificed by the delay, as well as knavery, of your foul servant. Instead of blood, a green and sulphurous matter fills his veins, which, when he goes to hell, will burn and stink, and make the d—dest hell fouler. My all is gone. I am now in debt. I have not yet received one shilling by my profession; and, as you may naturally suppose, I cannot paint nor dig; to beg I am ashamed. Madness is inevitable. I have too much spirite to ask assistance from you in the name of charity. Cursed be the lips that say I ask it! but I demand a reparation for the wrongs you have done me. Firm in virtue's ways, true to every principle of integrity and honour, what have I fear in the presence of a just God? In my first letter to the company I wrote for you to buy my shares, or pay me back the last deposit of 150l. They had never been done at less in the market than what I asked of you, though Spurling could not find a purchaser at the time; he threw the certificate down with contempt. He knew I had paid 365l. for them, and that you held more than that of mine in your hands, besides 10,000l. forfeited money, the Committee are receiving my money, my spirits, and my life I am disgusted with the affair throughout. To cut the matter short, I will have the 150l. you would wrong me of. Rowcroft sold thirty-eight of my shares for 19l.; he entered an action against me for 11l. I paid him 1l. 9s. for costs. I will give the other shares up. I now demand 132l. 9s., one hundred and thirty-two pounds nine shillings, or I will have blood, for my blood, which you would spill. I will so manage my business, you shall feel my malice before you find me. Rest assured of that. I have nothing now to hope or fear from man. I shall not be tried by him. Should you send the money to a shilling, remember to a shilling, to 17, Cirencester-place, to Miss Gage, and a letter for me, for her to forward to me, before five o'clock next Wednesday, I shall rest satisfied till I receive assurance that no proceedings will be taken against me; otherwise, you, the most official of those Buchers, may rely on going to Heaven with me the first time we meet. I hope I shall be believed, when I give my oath my purpose is firm, if I fall, I shall not be considered a coward, a rogue, or an assassin. No man in the world can say I have wronged him. My letters will prove I am not destitute of feeling; my actions, that I am true to principles of integrity; the courage I have shown in this business will prove I am not destitute of honour; and the society I keep will prove I am not disrespected. Judge me as you will, so long as I have blood in my veins, I shall be what I am. My pen refuses to mark the infamy of that coward, Rowcroft; he, as you all know, lent me 30l. I did nothing to give him a bad opinion of me. He called on me before the note was due, when he saw the shares had gone down to nothing. He knew my circum stances; knew that if I could raise that sum it was all I had in the world. He thought that if he could snatch the money from me before I learnt the price of the shares in the market, he would be safe; he knew he had betrayed me, and thought that if 1 discovered it I should not return his money; he wanted me to get him the money immediately, as a favour. I thought his visit omened no good. I went to see the evening paper that day, and saw
the shares quoted "0 to 0. "If he could have snatched my life with impunity, he would have done it, just as soon as have snatched that money from me. He called again the next morning early. The villain will tell you, if there is one particle of truth left in him, that I said, as soon as I saw him, 'I have seen that the shares have gone down to nothing; but I assure you, that if it is the last shilling I have in the world, the moment I get it I will give it to you. 'When the note became due, he refused a letter to Mr. Scott, which was the same as money, and which he himself had asked for, merely because I had called him my friend: that certainly was a libel, but it was a mistake. I never denied the debt. At last, he called again on me. I declare, that though his behaviour was gross and unbecoming, I do not think that Christ, with all his virtues, could have shown more meekness or better disposition than I showed towards him. He called me a swindler, and, as I understood, challenged me to fight, by proposing to refer the case to any two gentlemen in London. He went immediately, and did his worst. I wrote to Mr. Marshall; and the day after the committee meeting I called to pay Rowcroft, who (in the presence of Mr. Hodges, who I consider a good man) refused to take the money of me, and refered me to his solicitor. He said that the committee had passed a general scowl on my letters. I almost lost myself for a moment. [Ask Mr. Hodges.] I went; desired a friend to call on him, to ask if he considered me a man of the strictest integrity and honour? He said, 'No. 'My friend then reminded him he had proposed to settle the affair in a gentleman-like manner, and called on him to name his friend. This he declined to do, saying he did not feel bound to give me any satisfaction. He said he had proposed to settle the affair between gentlemen, but that he did not mean to fight: he meant to have it settled with talking alone, as a point of law, wether I was bound to pay the money or not. A poor excuse, when I never denied the debt. I went the next morning, paid the debt and costs, wrote to Rowcroft to save that character he had wronged, by giving me a letter to my friend. He kept me, I think, more than an hour waiting, and then said he would not give me an answer. Never brute showed more cruelty than he has shown to me, and now the vilest thing could not show more cowardice.
I remain, Gentlemen, true to my oath.
John Bagshaw, Esq., M. P., Universal Life Office, King William-street." "P. S. June 26, 1837. Lieutenant J. Holland, R. N., is my mother's son; when I became of age I voluntarily gave him 200l.; I wrote to him for assistance in my present difficulties, but it appears he has turned his back on me. My sister's husband is in town on a visit to me. I have shown him kindness all my life; I have lent him money at times; I lent him 50l., which he held for two years. I asked him yesterday, but never before, to lend me only 20l., which he refused. After this what can I do? I never looked forward to a moment in my life with more pleasure, than I now look forward to that which will take me from a world of trouble, either a comfortable sleep, or a better state of existence. I pride myself in the cause in which I fight, for I know I shall have the thanks of all those who have been dupes to your knavery, and the regrets and prayers of those few who know me. Should you settle the affair by doing me justice, I give you my honour, which none of you will doubt after what you have seen of me, that I fight only for myself. I shall not let one word be known to the rest of the shareholders, though in justice I must say, I think them robed. Had I not written a letter to the committee before the shares went to nothing in the market, I should not have had
the impudence to take this bold step; but now I am determined to be resolute to the last. I have coppies of these papers, which I shall carry in my pocket; so if I fall, the press will expose the foul acts of the company to the abuse and contempt of the public. Be assured I shall be safe before I desist, I shall have all my papers returned, and a letter assuring me, and signed by all you may have shown these papers too, on your honour that no proceedings will be taken against me, in any shape whatever to injure me. I shall then consider you rogues, but only on a par with the rest of the world. I shall leave word with Miss Gage before I leave home, to receive 132l. 9s. for me; she knows nothing more of the affair, neither can she discover where I go—for your own sakes I wish you to be assured that my project will not miscarry; you may rely on it, that if art and patience will carry it into effect, it will be completed. Should a know ledge of my temperate and industrious habits be of any use to you, you may ask what you like of me of Mr. Ralph Price, or the oldest academician, Mr. Smirke. First claim, £150.
Rowcroft sold thirty-eight shares for £19 0 £150 0
I paid Lake for copy of writ 1 9 17 11
17 11 132 9
2nd COUNT, for delivering the said letter, therein threatening to kill and murder the said John Bagshaw.—3rd COUNT, for demanding money from Rowland Gardiner Alston, John Bagshaw, and others.—4th COUNT for threatening to kill and murder the said Rowland Gardiner Alston, John Bagshaw, and others, to which he pleaded
There was a similar indictment against the prisoner for sending the following letter.—"To John Bagshaw, Esq., M.P., Wimpole-street, Mary le-bone. Giltspur-street, 29th of June, 1837.—You infernal butcher, you have rankled the wounds you have made in me; you will find them more difficult to heal; instead of 132l. 9s., I think I can now justly demand 150l. as a reparation for the wrongs you have done. By God, I will perish before I swerve; if I sicken in prison, my blood be on your hands. I am your murdered victim; but true to my God and to my oath.
GUILTY. Aged 25.—Recommended to mercy by the Prosecutor. Judgment Respited.
Before Mr. Justice Vaughan.
2127. JAMES GRACE was indicted for unlawfully, maliciously, and feloniously assaulting James Brown, on the 3rd of August, and stabbing and cutting him upon his back, with intent to maim and disable him.—2nd COUNT, stating it to be his intention to do him some grievous bodily harm.
JAMES BROWN . I have known the prisoner fourteen or fifteen years On the 3rd of August I was at the back of Shoreditch church, at the Feathers' skittle-ground—I was not playing at skittles with the prisoner—we had a quarrel on this day, and it is very likely I irritated him—it was me that was in fault instead of him—we fell out about a half-crown which he owed me—I do not wish to have more to do with it—it was not my inclination to prosecute—I was made to come up before—it is not my wish—we quarreled, and fell out, and then had a fight—a regular set-to—taking our clothes off, and fighting—it might be between one and two o'clock,
but I am not certain—I had the best of the fight, and we went inside the house and had a pot of beer together—we were not friends exactly.
Q. What did you say to him, or he to you, while you were drinking? A. I forget now—I own I am in fault—(I have come from Clerkenwell prison now—I am there for a case of uttering counterfeit coin—I have been there before)—after having the pot of beer I went out to go to the water-closet, and when I was coming out of there, he made an attempt to stab me—he was by the side of the water-closet, standing there—I cannot exactly catch the words he used, now—he had a pocket-knife in his hand—a clasp-knife—I do not know what size it was—I saw it—it was not very big—it was open—I called out, "Murder"—as I was coming out he made a thrust at me, at the side of me—I ran back into the water-closet—people came out and held him—I remained there, it might be twenty minutes or half an hour, and then went out to Sweet-apple-court, by the side of the public-house—when I went out I was stabbed again—I was talking to a man, and the prisoner came out and stabbed me—I did not hear him say any thing—he ran away—he followed after me, and fell down.
Q. Attend, because you will not be let off in this way, we have got your deposition—did he fall down without having done any thing to you? A. No—it was after the time he stabbed me—he stabbed me the first time, then ran after me, overtook me, and stabbed me again in the lower part of my back—I ran into a neighbour's house, and he was taken into custody, I believe, and I was taken to the hospital—it was when he ran after me, that he fell down over a mangle rope—I remained somewhere about three weeks at the hospital, and then ran away before I was well—I am well now—a day or two before this happened I had a quarrel with him about a half crown, and I went to his house, and beat him and his wife—I hit him with my fist—I had no knife—I hit him and his wife, and kicked them both—I was not asked about this before the Magistrate—I wanted to tell them—I wanted to have nothing to do with it, before the Magistrate, but they obliged me to come here—I did not go into their bed-room and kick them—they were not in bed—there were people in the house, up stairs, I believe—it was three days before the 3rd of Au gust, I believe—I live about a quarter of a mile from the prisoner—I had not seen him between the time I kicked him and his wife, and the day he stabbed me—he knew where I lived, and I knew where he lived.
Cross-examined by MR. PRENDERGAST. Q. You went to his house while he was in bed, did not you? A. No.—he was up—he was in his bed-room—he did not complain to me of being ruptured in consequence of the kicking—I had a fight with him on the day this happened—I knocked him down, and he knocked me down—we both fell together—I gave him a pair of black eyes in the fight—I did not kick him—he might be a little drunk—we had fought together on the night I kicked him, and on the 3rd also—it was on the 3rd he got the black eyes—I got the best of him. Q. Did not his wife interfere, and say it was a great shame you should beat him so? and did not you then beat her, on this very day? A. No—she threw a pint pot at my head the day I was stabbed—we had the fight about half an hour before I was stabbed—there was no fight between the prisoner and me after his wife threw the pint pot at my head—I stood and looked when she threw it—I was a little stupified—we were both drunk—he was not so drunk as me, I think—we had not had a fight the day before—he did not get up and make a blow at me when his wife threw
the pint pot at my head—that was outside the public-house, after the fight, and before I was stabbed—after she threw it at me he came out of the public-house, and as soon as I saw him I ran away—I was in Sweet apple-court—I did not strike his wife before she threw the pot at me—nor do any thing to her—she gave me no reason for throwing it—I came out of the public-house, and she popped out at the door of another house, and threw the pot—she did not say I ought to be ashamed of myself, to beat him in that way, and I did not say, "Will you get any other man to take it out of him"—it was rather a small knife—I am sure he had a knife in his hand—I had seen the knife before—we have eaten together before—it was the knife he was in the habit of eating with—he had not been eating with it in the public-house that day.
COURT. Q. What time was there between her throwing the pot at you and your going into the water-closet? A. Half an hour—I was twenty minutes in the water-closet before I came out again—I never saw any thing of the knife in his hand till I came out of the water-closet.
BENJAMIN WISBEY . I am a labourer. On the 3rd of August I was in Sweet-apple-court, and saw the prosecutor running up the court, and the prisoner after him, with an open knife in his hand—it was a pocket clasp knife—I have one nearly the size of it—it was not quite so long as that I saw him stab the prosecutor—I was leading master's cart, and heard a screaming and hallooing—the prosecutor was running up the court and the prisoner after him, and just as they got to me, the prisoner stabbed him in the lower part of his back—I did not see the prosecutor give him any blow—the prosecutor ran into the next house but one, No. 8—the prisoner made an attempt to run after him, but fell over a mangle—I had not been with them before, and did not know any thing about the first falling out—when the prisoner was shutting up the knife, he said he would do for the b——if it caused his life—I did not hear him say any thing else—I heard no conversation between them, and saw no blow given by the prosecutor.
Cross-examined. Q. Did you see a woman running after him? A. A woman and the prisoner both—I do not know whether she was his wife—they did not appear in company together—I saw the woman gnawing a hat to pieces in the court—she was in a great rage—I could not under stand what she said—she was two or three rods behind him—she was not running in the same direction—she was up the other side of the court, gnawing Brown's hat to pieces—I did not hear the prisoner tell Brown he had struck his wife—the direct way up the court is from the public-house—the prosecutor and prisoner were running—the woman was following them at a distance off, and a whole mob after her.
HENRY QUAINTRILL . I was in Sweet-apple-court at the time in question. I saw the prosecutor pursued by the prisoner up the court, and shortly afterwards I heard the prosecutor was stabbed—I did not see him stabbed—the prisoner had what appeared to me a knife in his hand—I cannot say whether it was open or shut.
JOHN GADSDEN . I was in Sweet-apple-court, and saw the woman strike Brown over the head twice with a pot, and then throw it at him—I picked up the pot and took it in to the publican—when I came out there was a cry that the man was stabbed—I had seen the prisoner running out after the prosecutor, and he had something in his hand, which appeared to be a knife—I did not hear any thing said by any of them.
Cross-examined. Q. Did you know they had been fighting? A. I
saw them fighting, through my window, twenty or thirty minutes before—I did not hear the woman complain of being struck—she was calling him a very bad name, and said how dare he to go and ill-use her husband as he had done, and she struck him with the pint-pot—the prisoner was in the public-house passage then—I believe I saw him standing there after they had been having words about the first quarrel—I did not hear what passed—I heard them saying, "Don't do any thing of the kind"—he appeared bruised in the face—I did not hear him complain of being kicked in the lower part of his person—about twenty-five minutes elapsed between the fight and my seeing him running—I saw them leave off fighting before I left my window—the landlord brought them some water, and told them he would have nothing of the sort there.
THOMAS RIDOUT TUCK . I am house-surgeon of St. Bartholomew Hospital. The prosecutor was brought there on Thursday, the 3rd of August—I examined him between three and four o'clock in the afternoon—he had a wound in the lower part of his back, on the right side, and a slight wound on the head—the wound in the back was from two inches to two inches and a quarter deep, and an inch and a quarter long—it was in the small of the back—it was such a wound as might be inflicted with a clasp knife—I did not consider it at all dangerous—there was a smaller wound on the scalp—I think that was done by a pewter-pot, or any blunt instrument might do it—it was of a very trifling nature—he left the hospital on the 18th of August, in a fortnight—it was necessary for him to remain—I wished him to remain till he was perfectly well—he was not discharged by myself or the surgeon.
Cross-examined. Q. Was this a flesh wound? A. No, it was deeper than a flesh wound—I wished him to remain, that he might not, by indiscretion, make the wound dangerous.
NOT GUILTY .
Before Mr. Justice Patteson.
2128. WILLIAM SMITH was indicted for feloniously killing and slaying Benjamin Broadway, by neglecting and refusing to provide for him competent and sufficient meat and drink for his sustenance, and forcing, obliging, and compelling him to lie in a certain unwholesome and filthy room, without clean and proper bed, bedding, covering and accommodation, necessary for his health and for the refreshment of his body, and for neglecting and refusing to supply him with proper, clean, and necessary apparel, for the covering and protection of his body. Two other COUNTS varying the manner of laying the charge.
MESSRS. BODKIN and DOANE conducted the Prosecution.
ROBERT BROWN . I am the attesting witness to this indenture—I saw it executed by the parties. (The articles of indenture being read, were dated the 29th of December, 1834, apprenticing Benjamin Broadway to the prisoner, who undertook to provide food, clothing, &c. Premium 3l., and 2l., to be paid after the expiration of three years.) I saw the prisoner sign the indenture—it was done at his sister's.
Cross-examined by MR. PHILLIPS. Q. How much of the premium was paid? A. 3l.—I cannot say whether the other 2l. has been paid.
ELIZA WINSER . I am a widow, and live at Islington. The deceased was my brother—he was 17 1/2 years old when he died—he worked for the prisoner as errand boy for about twelve months before he was bound, which was in 1834—I found him in food for the first twelve months, and in clothes—after that, his master was to find him in clothes and victuals both,
but he did not—he was fed well while he was in Rawstorne-street, with Mr. Smith's father—he remained there about half-a-year—that was about nine months before his death—Mr. Smith took a place in Moneyer-street, Hoxton, and he went to live there with him, nine months before he died—after he got to Moneyer-street he had a bad leg, and then Mr. Smith sent him home to me—it was a kind of cold settled in his leg—before he came home with the bad leg, he had complained to me of not having proper food enough for his work—he had done so a great many times—he staid with me about a month with his bad leg, and then I sent him back to his master, and told him I could not keep him any longer—he said send him home, and he would make him work—his leg was not well then—I told his master of the complaint he had made of want of food—he did not say much, but he said if I did not like it, I might take him home with me—I told him the state his leg was in, and that he was an out-patient of a dispensary at Islington—he did not say anything to that—I went to Moneyer-street to see him when I could get away from my work, when he was ill—I went sometimes twice a week, and found him in a dirty, filthy state—that was about five or six weeks before he was removed to the workhouse—I saw the place where he slept—it was a nasty, dirty back room—he said it was the want of food had brought him down as he was—he did not look so well as when he left me, he had fallen away and lost all his colour—I gave him some rags and bread to make a poultice, because his master would not give it to him—I told the prisoner once that I would go to Hatton-garden about the boy's clothes, and he told me he would get him some clothes—that was when he was in Rawstorne-street—I did not say anything to him in Moneyer-street about going to a magistrate—I went to the poor-house at Islington to complain of the treatment of my brother—I had not said anything to the prisoner before I went—my brother begged of me not—I saw him after he was at the workhouse—he never expected to recover, and he spoke to me about it the day before he died—he said he was dying—he said he never should get over his illness, and he had said so several times before—I cannot say how long before, as I was with him every day, but he said so several times—after he told me so, he said he was starved—I am sure that was after he said he should never get over it—he said he hoped God would forgive his master, but nothing more—I did not see him any more before he died—he said this the night before he died at nine o'clock—I found him very filthy and dirty in Moneyer-street—he had nothing to keep himself clean with—he was not particularly dirty in his habits, but his work was dirty.
Cross-examined. Q. His work was making spectacles? A. Yes—I have seen him at work polishing—he was at the Islington Dispensary for his leg, while he lived at his master's—he never told me that he met with an accident with his leg in going up stairs—when he was in bed the last time, his master got him a letter to go to St. Bartholomew's Hospital, and he said he would call in a physician to see him—I cannot tell whether he did so—his face and hands were dirty, and he was dirty altogether, and his bed ding—he could not get any thing to clean himself with—he was at home with me when he had the bad leg—I saw him at his master's the day before he was removed to the poor-house—his face and hands were dirty then—he could not get out of bed then to get any thing—I never saw him out of bed when he was ill—I saw him out of bed there the day before he was moved—I did not see him at his master's at any time when he was well—I only went when he was ill—the prisoner is a married man, and has had two
children, but they are dead—I cannot describe how large the room was which my brother slept in—it was not three times as large as the table of this Court—I cannot tell whether it was twice as large—nobody else slept in it but him—he had the room to himself.
Q. When was the last time you saw him out, walking about the street? A. He came to my house one Sunday—I cannot tell when it was—it was this summer—I cannot tell what month it was in.
JOHN ASHLEY . I am assistant overseer of the parish of Islington. I was present when the deceased was bound apprentice—he was in very good health at the time—I did not see him again till I removed him from his master's place, on the 14th of July, in consequence of the complaint of his sister that he was in a starving state—I went to Moneyer-street, accompanied by two of the overseers—I found the deceased in a small back par lour—it was a very dirty and filthy place—the bed and bedding, and the lad's linen, were in a filthy state—there was only one old chair in the room, and no other furniture whatever—he appeared to be in a dying state—from questions I put to him, he stated that he was neglected, and could not get any assistance whatever, not even a drop of water; he had to crawl into the yard for a drop of water; and that his mistress refused to do any thing for him—he complained that he was starved; that he had not sufficient food—I west for a medical gentleman to examine him, and he was removed to our workhouse.
Cross-examined. Q. Did he complain that his master used any violence to him? A. No, certainly not; only neglect—I think he was about eighteen years old—he said he had had a letter to the Hospital, and I think he said a medical man had been called in about three weeks previous.
WILLIAM ENDELL LUCKETT . I am overseer of the parish. I went with the last witness to Moneyer-street, on the complaint of the boy's sister—I found the room in a very dirty, filthy state, and the bedding was in a worse condition than the room, if it possibly could be—the linen on his person was nearly as bad as the linen of the bed—he was hardly capable of answering the questions put to him—he was so much reduced—he made his com plaint, but, from his exhaustion, had a difficulty in answering questions—he said he had had general neglect for a long time, a want of common necessaries—I questioned him respecting the nature of his diet—he died on the 10th of August—I called in medical advice, the first I could get, and had him removed to the workhouse.
ALFRED HARRINGTON . I am assistant to Mr. Broackes, a surgeon, in the City-road. I was called in to see the deceased on the 14th of July—I found him in Moneyer-street, lying in a back room, which was a very dirty, close room, and in a very shocking bed—a very improper one—he was very much exhausted, and very dirty—I gave him some brandy and water, and bread soaked in it—he appeared to me to be labouring under the effect of fever—he eat the food very hungrily—indeed very ravenously—I had him removed, but did not continue to see him—I was sent for by the overseer—I was merely called in casually—he appeared to me as if he had had a fever, which was produced, no doubt, by uncleanliness—it was typhus fever, produced by uncleanliness and want of food—I saw the body after death—it was very much emaciated—the appearances were such as might be accounted for by want of food.
Cross-examined. Q. Might they not be accounted for by other means? A. They might be—I saw his legs, but did not examine them down low—
I merely saw the body—I did not look at the leg—there might be a healed wound there without my seeing it.
ROBERT SEMPLE . I am the parish surgeon. At the request of the parish officers I proceeded to the prisoner's house in Moneyer-street, and saw the deceased—I found him in a state of very great exhaustion and debility, something like the debility arising from fever—I recommended his removal, and thought the place not fit for a lad in his condition—he was in a very filthy condition, both in his clothing and also his person—he was removed as soon as possible, in an horizontal chair, to the workhouse—I had him placed in a warm bath and thoroughly cleansed, and placed him in a clean bed in our infirmary.
Q. In your judgment as a medical man, independent of any statement he made himself, could you account for this fever—from what it might arise? A. It did appear to me to arise from want of proper necessaries—after he was cleansed I had port wine and beef-tea given him, in small quantities, not to injure him—he rallied after a few days, and I allowed him a mutton chop—I was obliged to give him food in very small quantities—he would have taken large quantities if I would have allowed it—he eat very ravenously, I must admit—he rallied for a time, and about the end of three weeks his disease returned, and on the 14th of the following month he died—I saw him every day from the period of his coming into the infirmary—he did not express to me his conviction that he should not recover—I was still in hope he would recover—he told me he was not likely to recover, but I did not encourage him in that idea—he said he thought he was going to die—he said so first, it might be, about a fortnight after he was placed under my care—I did not encourage him in that—I tried to raise his hopes, but he did not reply to me—he continued under the same impression—he repeated the observation to me on several occasions afterwards—he did not at any time appear encouraged by what I said—he said he felt himself sinking—perhaps he did not believe what I said, but he did not say whether he did or not—he made no reply—he repeated the observation three or four times—I continued to encourage him, and gave him as much hope as I could; but I think he continued under the impression that he should die, for I heard him tell his sister as well, after I had encouraged him, that he should not live—he stated to me that he had not had a sufficient quantity of food, nor any necessaries which his situation required—I think that was all he said—he was very much emaciated when I first saw him—his appearance corresponded with that of a person who had been kept without food—I think that would account for the low kind of fever I have described—I examined the boy carefully, on the day following his death—the external parts of the body were very much reduced—I then proceeded to make a post mortem examination—I did not find sufficient internal disorder to account for death—the lungs were adhering to the pleura from previous inflammation, but that would not account for his death—no other part of the body presented any appearance of disease whatever—my attention was directed to the mesenteric glands—they were in a state of disease, which may arise from defective nutriment—the stomach was blanched—it did not seem a healthy stomach, but still not in that state which would kill a man—I should think it would become unhealthy from the want of food—if he had been kept short of food the state of the stomach would be such.
Cross-examined. Q. Would not the stomach become unhealthy from a variety of causes, as well as want of food? A. It would, and the
mesenteric glands would exhibit the same appearance from other causes—there were no marks of violence whatever about his person—there was a cicatrix on the leg, the result of a previous ulcer, but that was perfectly belled—there had been inflammation in the pleura—it was of some duration—the appearances I saw were quite consistent with his being in want of food, but not necessarily so—they might arise from other causes.
MARY SANIGAL . I am a nurse in the workhouse at Islington. I recollect the deceased being brought there—he was placed under my care—about a fortnight after he came, he said, "Oh, nurse, I do not think I shall ever recover"—I said, "You must trust to God for that"—he did not answer any more—he told me afterwards that he had had very short food, and sometimes he could not take his food—he said, sometimes he had a 1d. saveloy and a 1d. loaf for the day—he did not say what he had at other times, only that he had indifferent victuals—that was all he told me about the food he had—he did not tell me anything about his master's going out—he had not power to speak the day before he died—he did not take any food whatever that day—he did not speak to me, nor to any body in my presence, the day before he died.
Cross-examined. Q. Was his sister there the day before be died? A. No, she was not—he died on the Tuesday, I think, but I am not sure—I am sure the sister was not in my ward the day before he died.
COURT. Q. Did she come two days before he died? A. Yes—she was there two days before he died, but I do not recollect seeing her there after that.
MR. BODKIN Q. Can you remember whether Mr. Semple was there the day before he died? A. No—I am out at times, obliged to go about my business—people may come to the ward while I am away, when I am gone down for water or any thing—Mr. Semple comes to the house every day—he does not come into our ward every day, unless there is somebody very bad—I do not remember seeing him the day before the boy died, but I left the ward, as I am obliged to go out.
MR. PHILLIPS called the following to witnesses for the Defence:—EDGAR WICKHAM. I am a surgeon. Two or three weeks before last sessions I was called in by the prisoner, to see his apprentice—(I attend the prisoner's family)—I found him suffering under an attack of fever—he had also considerable inflammation about the brain—the prisoner begged me to examine the case, and said if I thought he would get quickly well, if a little medicine would cure him, he would be glad if I would send it to him, but his means would not enable him to pay for long medical attend ance—I anticipated that it would be a protracted illness, and gave the boy a certificate to take him to St. Bartholomew's—after long continuance of fever there will be symptoms of debility and emaciation—the prisoner appeared to me to be anxious for the recovery of the young man—I have not known much of him, but I have attended his wife—I never had reason to think him otherwise than a man of humanity.
MR. DOANE. Q. When was it you were called in by the prisoner? A. At the latter end of June or beginning of July—it was not to look at a sore leg, but for a fever—nothing was said about the boy's leg at that time—it was in Moneyer-street I saw him, at the prisoner's house—he was in bed—I only saw him once.
JOHN BARKER . I have known the prisoner about ten years—I always found him a very humane sort of young man—he is married—about the beginning of July, he came to me to consult how he could best get his
apprentice to the hospital—he appeared quite anxious for the best advice for him.
SARAH PECK . I visited the prisoner's wife on one occasion, about two years ago, and saw the apprentice there—he was very lame at the time and limped—he was living in their house in Britannia-row—I had every opportunity of seeing how the deceased was fed while I was there, for I lived with the family—the prisoner's wife was lying in, and I was with her two months—there was not the least difference in the victuals of the master and his apprentice—he had four meals a day, the same as we had—I am no relation of the prisoner's—there was not the least appearance of ill-treatment or starvation—they were very kind, and gave him sixpence on a Sunday if he wanted to go out.
MR. DOANE. Q. When was this? A. Two years next October—I have not lived in the family since that, but I have been backwards and forwards—I have dined there about twice within the last twelve months—the last time I had a meal there was about eight months ago—they were living in Moneyer-street at that time—since that I have known nothing about their mode of living.
MR. PHILLIPS. Q. Was the apprentice at home then? A. Yes—he had grown very tall during the two years.
GEORGE COWLES . I am a spring-maker, and live in Clerkenwell-close. I have known the prisoner six or seven years—I knew the deceased before and since he was apprenticed—after he was apprenticed I occasionally worked at the prisoner's father's, at the time the deceased worked there—our hours of business were from eight o'clock in the morning till eight o'clock at night—we had half an hour at breakfast, an hour at dinner, and half an hour at tea—I went home to my meals—I did not see the apprentice have his meals when I worked there, but I saw him at meals at his master's father's—he had a good bellyfull then—he appeared to have sufficient food—I never saw him eat at the prisoner's house—he was a very dirty boy—I have told him of it, and told him he ought to take care and wash himself, but he used to laugh at me—I told him of it twice—our business is not very clean.
MR. DOANE. Q. What trade do you work at? A. A spring-maker for clocks and watches—I have washed my hands this morning—when I speak of his being dirty, I mean his face and hands—I never worked with him at the prisoner's house, but at the father's.—NICHOLSON. I am the wife of Mr. Nicholson, of York-street, Commercial-road. I am a relation of the prisoner's wife—I knew the deceased—I have occasionally visited at Moneyer-street when he was alive, and often saw him at his food—he had four meals a day—I have given him his meals myself for a fortnight together, when the prisoner's wife was unwell—I should consider he had enough to satisfy anybody—I considered him a dirty boy, generally speaking—I have frequently remonstrated with him about not washing himself.
MR. DOANE. Q. Used he to come to the table with dirty hands? A. He did not sit down at the table with us at the time, because the prisoner's wife was ill in bed—he had his meals down in the kitchen—some times I cut his meals for him at the same time as our own—I have known him go three days without washing his hands and face—I was keeping house while the wife was confined—the last time I was there was about seven months ago.
MR. PHILLIPS. Q. Was the back room a room any body might sleep
in? A. Mrs. Smith slept in it herself while I was with her, and I myself slept with her.
(Peter Bolt, wharfinger, Dowgate-hill; James Haynes, watchmaker, Northampton-street, Islington; and Thomas Manley, tailor, St. John street; deposed to the prisoner's good character.)
GUILTY on the First Count. Aged 26.— Confined One Year.
Third Jury, before Mr. Justice Vaughan.
2129. JAMES GRANT was indicted for stealing, on the 20th of August, at St. Luke, Chelsea, 1 watch, value 11l.; 1 chain, value 10s.; 1 seal, value 1l.; 2 watch hooks, value 10s.; and 2 keys, value 10s.; the goods of James Heseltine Bayford, in his dwelling-house.
MR. STURGEON conducted the Prosecution.
ROSE BAYFORD . I am the wife of James Heseltine Bayford, an live at No. 8, King's-parade, St. Luke, Chelsea. On the night of the 20th of August a fire broke out, a little before ten o'clock, in our bedroom—this watch was lying on the dressing-table at the time—I saw the prisoner in the passage some time after, coming down stairs—he had come in with others to extinguish the fire—it might be a quarter of an hour after I had seen the watch—I had not seen him in the room—I missed the watch a few minutes after the fire was discovered—not before I saw the prisoner there—it was a gold watch, with a silver dial—it was a French one—I am not aware of the value of it—it may be worth 5l.—a policeman was employed to search the persons as they went out—I believe there were several per)Bi in the room—there might be a dozen or more in the house besides our own family—the prisoner came in with the crowd—I did not know him before—he was exceedingly active in extinguishing the fire, and went into the thickest of the flames—the fire was got under in about twenty minutes—no damage was done except to that room—I am quite sure I saw the watch after the fire broke out—it had a gold chain, one seal, and two watch hooks.
JOHN CLASS . I know the prisoner well, and have known him from a boy. He was destitute, and I gave him shelter at my house—he is in very bad circumstances, and has just come from the Queen of Spain's service—on the night of this fire I saw him at my house, about half-past seven o'clock—he went away, and returned about eleven o'clock—I was in bed when he came home—he told me he had been to the fire, and exerted himself very much, and the gentleman had promised to reward him—he said he was very wet, and that he was going to help into the house with the engine, and went away—he returned in about five minutes, and told me he had found a watch—I understood him to mean in the road, but I was nearly asleep—he showed it to me, and next morning he left it at my house—I saw the prisoner at the chimney-piece, and found the watch hanging up inside the chimney—he left it there when he went out, hanging up inside the chimney as far as I could reach up—after he was gone I looked there, as I heard it ticking—I took it to Mrs. Bayford, who claimed it—the prisoner always bore a good character—he has been two years in Spain, and was in great distress—he had nothing to eat for two days.
HENRY KIMBER . I am a policeman. On the night of the 20th of August I was at Mr. Bayford's house—I saw the prisoner in Mrs. Bayford's bedroom, where the watch was taken from—I had not been in the house ten minutes before I heard the watch was missing—we searched the room, but could not find it—in about a quarter of an hour we placed a man at the
door, to prevent any body going out, and to search every body going out, except two respectable persons living next door—the prisoner was searched among others, by myself, about ten o'clock—I cannot say whether he had been in and out the room, for the fire was almost out when I came—I went to Mr. Bayford's next morning, and Class brought the watch there—I took the prisoner into custody, and told him it was on suspicion of stealing a watch from Mr. Bayford's—he said he knew nothing of it, nor had he seen it—he said there were two or three other persons in the room at the time he was there, and among them two policemen, and they were as likely to take it as him—I took him to the station-house—I was present at his examination before the Magistrate—I saw the Magistrate sign his statement—it was read over, and I saw the prisoner sign it—(read)—"The prisoner says, 'When I came down stairs after I was searched, I came into the garden, and kicked against the watch there—that is how I came by it—I had not the watch when it was spoken about.'"
JAMES HESELTINE BAYFORD . I know the watch perfectly well—I gave ten guineas for the chain, eleven guineas for the watch, and 30s. for the two hooks—I was in the bedroom myself—my neighbours handed up water and I endeavoured to extinguish the fire—the smoke and heat were so great I was exhausted, and the prisoner being on the top of the stairs ventured to go into the room, which he did most effectually, and extinguished the fire—it was a two pair of stairs room.
JURY. Q. Is there a grass plot in front? A. It is gravel except a small bed in the middle.
Prisoner's Defence. I found the watch in the garden when I came down, outside, and was not honest enough to take it back—that is the real truth.
GUILTY. Aged 22.—Recommended to mercy by the Jury and Prosecutor .
Confined One Year, and then Transported for Life.
Before Mr. Justice Patteson.
2130. JAMES WILCOX was indicted for stealing, on the 19th of September, at St. George, Hanover-square, 1 fish slice, value 2l.; 11 spoons, value 7l.; 6 forks, value 6l.; and 1 label, value 1s.; the goods of Sir Charles William Maxwell, knight; in his dwelling house.
RICHARD MUNNS . I am servant to Sir Charles William Maxwell, of No 8, Hertford-street, May-fair. I do not know the parish—on Tuesday, the 19th of September, about four minutes before two o'clock, I was sitting in the kitchen with the maid servants at dinner, and heard a noise in the pantry, which joins the kitchen, at the back of the house—I went into the pantry, and in the act of going there I saw a person leap from the pantry down a step into the wine cellar, and run to a door at the lower part of the passage—I ran along the passage and met him at that door—there are two folding doors leading from the pantry into the wine cellar, and he jumped through those doors into the wine cellar—when I went into the kitchen to dinner I had not left a soul in the pantry—I cannot say whether the wine cellar doors were shut or open, no further than I left the pantry as usual, and I should think they were shut—I had left the plate in the pantry, which is part of the dwelling house, and under the same roof—I saw the person going along the pantry into the wine-cellar—he had some plate in his right hand—I ran along the passage, and met him at the door, and seized him by the collar, as he took his leap from the cellar to get into the area, where he struggled with me—in the meantime he kept dropping the plate around
me and himself—I saw that—I held him till the policeman came, and then he was taken into custody—the prisoner is the man—the policeman has the plate—he did not take all the prisoner had—I had some taken back into the pantry—I cannot tell what quantity of plate the prisoner dropped in the struggle—I counted the plate after it was taken back—the maid servants picked up some—they are not here—I know the quantity I took from the prisoner myself, and gave to the policeman—it was Sir Charles William Maxwell's property.
RICHARD MUNNS re-examined. (Looking at the plate)—This quantity the prisoner took out of his pocket at the time I was holding him, and gave it into my hand—this is what a gentleman in the house picked off the mat, and gave to the policeman—I saw him do it—I am quite sure of that—I saw the maid servant take these off the mat, and give them to the policeman—the prisoner dropped some on the right hand, and some on the left, and I asked the persons to pick it up—I can swear that the things that were picked up were dropped by the prisoner while I was holding him—he was praying, in the meantime, for me to let him go—these are all my master's property—the label the policeman took out of the prisoner's pocket himself—the value of the things now in Court is 15l.—I also missed a tea-pot, three forks, and of the spoons, which had been used at breakfast that morning—they are entirely gone—they were in the pantry, in a small closet, on the left-hand side of the table where this plate laid.
Prisoner. There was a row down in the place, and I ran down, with a lot more. Witness. I saw but one person, and heard but one.
JURY Q. How could he get into the pantry without going through the kitchen where you were sitting? A. The kitchen is on a line with the area; but there is a door on the left hand, in the passage, which leads into a coal-cellar; and then a door opens into a wine-cellar, which leads into my pantry—that is the way he went out—I cannot say whether he got in that way—he must have come close to the kitchen if he had; but as we sat, we could not see him if he did go in that way.
DAVID SHEEN re-examined. I saw the other constable take this label from the prisoner's trowsers pocket while I was searching him—I also found a door key on him—he said it was the key of his house, and that he lived in Orford-mews, but he does not—his father lives there.
GUILTY .* Aged 21.— Transported for Life.
Fourth Jury.—Before Mr. Recorder.
2131. ANN STEPHENS was indicted for stealing, on the 16th of september, at St. Andrew, Holborn, 1 watch, value 5l.; 2 watch-guards, value 15s.; 1 cap, value 1s.; and 1 fourpenny piece; the goods and monies of Charles King, in the dwelling-house of Josiah Iles Wathen.
CHARLES KING . I am servant to Mr. Josiah Iles Wathen, a solicitor, in Bedford-row. On Saturday afternoon, the 16th of September, about a quarter after four o'clock, I went down stairs to trim a lamp, and afterwards went to my bed-room, at the top of the house—I found the prisoner there, and said, "Halloa, what do you do here?"—she made no answer—I took her down stairs, and sent for an officer, who went into the room with me, and I found my watch lying on a cap on my drawers—I kept it on a brass hook—it had a chain and leather to it—it was worth 5l.—I gave 8l. for it
about two years ago—I had seen it on the hook about ten minutes before—I also missed a fourpenny and sixpenny piece, which I had left on the table in that room ten minutes before—I had seen the prisoner before when she came there begging—she said nothing when I found her in the room.
RICHARD BALLINGER . I was at work at the prosecutor's house on the 16th of September—the prisoner came in at the parlour door, and asked for Mr. Wathen or the servants—I told her the servant had gone up stairs—I saw her go up stairs, and saw no more of her till she was brought down by the prosecutor—the maid servants were in the garret, as the kitchens were under repair—the street door was open.
Prisoner's Defence. I never saw the articles till the man showed them to me—I went there, having known Mr. Wathen many years, and inquired for him—I was informed he was not at home—I asked to see the servants—he directed me up stairs—I went up, and the door was half open—I saw a man coming out of the room—I inquired for the female servants—he said if I would sit down a minute he would send them to me, but I saw nothing till this man came in and gave me in charge—I can bring proof where I had the fourpenny-piece—I got it in Gray's—I nn-lane out of 6d.—I have been laundress for seventeen years, to a friend of Mr. Wathen's—if I had allowed the footman to have taken liberties with me, he would not have done as he has.
NOT GUILTY .
2132. GEORGE WINTER and JOHN FRARY, alias Joseph Tarby , were indicted for stealing, on the 4th of September, 1 watch, value 1l.; 2 seals, value 15s.; 1 watch-key, value 4s.; and 1 watch chain, value 6d.;. the goods of Robert Morris, from his person; and that Frary had been before convicted of felony.
ROBERT MORRIS . I live in Gilbert-street, Oxford-street. On Sunday, the 4th of September, I was in company with a friend, in Gray's—I nn-lane, going towards Holborn, and saw the prisoner Frary—he came up, put out his hand, and said, "Halloo, old fellow, how do you do? we have met again"—I did not take his hand, but stepped off the curb for him to pass, and in doing so, he pulled my watch out—the prisoner Winter was with him—they were walking side by side—Frary ran away immediately with my watch, and Winter ran with him into Fox-court—my friend and I followed them—I stopped Frary, and my friend stopped Winter—they were taken to Grays—I nn-lane, and I gave them into custody to the officer—I am sure Frary took my watch—he had not got above three or four yards when I stopped him—we were immediately surrounded by girls of the town, and they had the opportunity of getting rid of the watch—it was silver, and had a key, a chain, and two seals—it was worth 2l.—the women came up before they were secured.
Cross-examined by MR. PHILLIPS. Q. What time was this? A. At
night—Winter came up in company with the other prisoner—he did no thing to me—he went off with him—my friend is not here—Winter was searched, but nothing found upon him of mine—he did not attempt to touch my watch.
Frary. Q. When you took me, did you find your property on me? A. No—we were surrounded by the women immediately we collared you—there was not time for you to talk to any body—I called a policeman, who came directly—there was no time for you to offer resistance.
COURT. Q. Did you feel him take the watch, or see him take it? A. I felt him take it—I did not see it in his hand—I felt the pull—nobody but him was near enough to take it—I distinctly felt it pulled out.
JOHN BARTLETT (police-constable E 147.) I heard the cry of "Police," in Gray's—I nn-lane, between twelve and one o'clock in the rooming, when I came up, the prisoners were in the custody of the prosecutor and his friend, and there was a mob of thieves and prostitutes about—I knew them to be so—I took the prisoners into custody—they had the opportunity of passing the watch to the persons, before I took hold of them.
MR. PHILLIPS to ROBERT MORRIS. Q. Had you followed Frary closely? A. Yes—I collared him within a minute—I did not lose sight of him—I was within three or four yards of him—he might pass the watch to I person, and I not see it—as soon as I stopped him we were closely surrounded by men and women—Winter and him were walking side by side, and they both went off together.
Frary's Defence. At half past eight o'clock on Sunday evening, I met a young man who resembles the prosecutor, and his friend—I was to have met them in Grays Inn-lane, at half-past ten o'clock, to have a job from them—I was coming out of the wine vaults, and saw the prosecutor and his friend together—I thought they were the same persons, and I mentioned what the prosecutor has said—heoffered to shake hands with me, but finding my mistake I went past him—I had not got three yards before he came and said I had robbed him. of his watch—I said, "I have not, search me," which he did instantly—there was nobody near me at all.
JAMES WILLIAM CRAWFORD (police-Constable 131 G) I know the prisoner Frary—I was present in June 1886, when he was convicted here—I have the certificate of his conviction, and know him to be the person—(read.)
Frary. I have been at work ever since I was out of prison.
FRARY— GUILTY . Aged 21.— Transported for Ten Years.
WINTER— NOT GUILTY .
2133. JOHN BARTHRAM and CATHERINE LYONS were indicted for stealing, on the 28th of August, 1 watch, value 15s.; I watch key, value 2s.; 1 watch-guard, value 2d.; and 1 split ring, value 1d. the goods of Jacob Verres, from his person.
JACOB VERRES (through an interpreter.) I am a locksmith, and live in Charlotte-court, Kensington. On the night in question, I hired the prisoner Barthram's cab from Whitechapel, to take me to Kensington—I never saw him before—I was later than I expected, and was waiting for an omnibus—I went into a public-house, and had a pint of beer—while I was drinking it I saw an omnibus, but it went on, and I saw the cabman talking to some women—he came to me, and asked where I was going—asked how much to Kensington—he said 3s.—I said, "Very well,
and got into the cab—I told him to drive to Kensington—he drove on a little further, and took in two women—I did not invite them in—they got in—the female prisoner was one of them—I did not expect much good from them, and put one hand in my pocket to mind my money, and the other to take care of my pin—in the meantime I felt my watch gone—I called to the cabman to stop, but he let the horse go faster—I then called a policeman, who came—I hardly knew what I was doing, but the girl got out of the cab and the policeman brought her back—give me my watch into my hand again, when the policeman had brought her to the station, as I came out again she put it into my hand—I cannot say which woman it was—it was the one that was brought back—the other woman ran away—it was the prisoner gave me the watch, but the police. man must know better than me, because he brought her back.
Cross-examined by MR. PHILLIPS. Q. Had you not a chain and key with your watch? I. A. gold key—I complained of losing that also—. I have only known the interpreter the three months I have been in London—there were a lot of women in the house I went into—I did not eat any thing there—there were not two women in my company there—no woman asked me for a shilling—no woman spoke to me—I could not understand if they did speak to me—I spoke as much English as I could when I was at the police-office, but I did not speak in the public-house—I give my evidence to the Magistrate in English, as well as I could speak—there was no interpreter at the office—I said at the police-office that I kept my bands on my pockets to take care of my money—when the policeman showed me the watch, I complained that my key was lost—that was at the station-house—I did not know the key was gone till I had had the watch again at the station, and then I saw the string was cut—when the policeman came I had not got the watch back—when I got my watch back at the station, I complained that my key was gone—I did not understand what the cabman said.
JOHN CHARLES GOOZEE . I am a policeman. I was in Turner-street Whitechapel, and heard a cry of, "Police, police, "in an outlandish language very loud—I immediately ran up, and saw the female prisoner jump from a cab—she had got about ten or twelve yards from the cab when I cane up—she was running, and had left behind her a shawl and handkerchief—she did not stop to pick them up, but went on—I caught her and brought her back, gave her shawl and handkerchief, put her into the cab and drove her to the station-house, and there the cabman as well as the girl was charged—when he found he was going to be detained, he said, "If you will look in my cab, you will see the key and the ring"—an officer looked into the cab, and found the key and ring where he said, in the cab—the officer who found it is not here—I did not see him find it—the officer gave it to me by order of the Magistrate—it was stated in the prisoner's presence that it was found in his cab—it was brought in and shown to him—I did not hear him make any remark on it—he was not drunk, but he had been drinking—he did not say how he came to have the girls in the cab—he said nothing—he was asked nothing—I produce the key, ring, watch, and guard—I got the watch from the prosecutor—the guard was attached to it.
Cross-examined. Q. You have said you drove the cab to the station house? A. I ordered it to be driven down—I did not say I drove it down, the man drove it down himself—the prosecutor said, at the station house, that he had lost his key as well as his watch, as well as we could
understand him—the answer Barthram made was, "If he has lost a key, and you look into my cab, you will find it"—he did not say, "If the man has lost a key it is in my cab"—he said, "If you look in my cob you will find it"—those were the words he said before the inspector—he said, "If you have lost a key and ring, if you look in my cab you will find I them"—he said that in the station-house before us all, before the acting inspector and several people—he did not say, "If the man has lost a key it is in my cab"—he mentioned the ring—(looking at his deposition) this is my handwriting—it was read over to me before the Magistrate—I signed it—I was desired to attend to it—he said, "If you have lost a key and ring, if you look in my cab you will find it."
Mr. PHILLIPS called.
JOSEPH COX . I live with my brother, at a cook-shop in Red Lion-street on the night of the 27th of August the prosecutor came to my shop with two girls, the female prisoner is one of them—they were all three in company—two plates of ham were ordered and cut—I was just about to serve them with it—I heard the females ask the prosecutor for a shilling, and at the moment they asked for a shilling they all three got up and went out—I will swear they went out together—the prosecutor appeared intoxicated—he could not walk straight as he went out.
COURT. Q. Are we to understand that they were in company, conversing and communicating together, and that the girls forced themselves on his society f A., One of the girls came, and then the prosecutor came in with' the others, they down together—I could not hear him speak—I head them speak to him, and ask him for a shilling—I did not hear him say a word to them—I heard him mumble something as he went out or the door—he did not call for any thing, nor speak to them in my presence—I do not know whether they were with him by his consent or not.
MR. PHILLIPS. Q. Did he sit at table with them? A. Yes, about a minute—they got up together and went out together—I saw no shyness about him, to keep them off.
COURT. Q. Did he come in, sit down, call for nothing, then get up and go out? A. Yes—I do not know the prisoner, Barthram—I cannot say that I have ever seen him.
Q. How did they know that you knew any thing about this, then? A. A gentleman called on me, and said they came here for the meat, and I said I saw them—I do not see the gentleman here—this is one of the gentlemen (Osborne)—there were two of them came.
WILLIAM OSBORNE . I live on what property I have, in Morgan-street, Mile-end. I have known Barthram between ten and eleven years—he always bore a very good character, indeed—a very nice little fellow he is.
COURT. Q. How came you to apply to the eating-house keeper? A, We wanted to know where he had been drinking, and I went with the attorney to where it was said in the deposition at the Office they had been—I was not before the Magistrate—I went to ascertain the truth of it—I saw in the deposition what the woman said, as to where they had been drinking and eating the attorney told me what was stated in the deposition. (The prisoner Barthram received a good character.)
LYONS— GUILTY . Aged 16.— Transported for Seven Years.
BARTHRAM— NOT GUILTY .
HENRY HARMAN . I am a policeman. On the morning of the 13th of September I was in the garden of Mr. Cheese, at Paddington, watching—I met the prisoner in the middle of the garden, with a bag of onions—I asked what he had got—he said a few onions, but I found he had about three pecks.
SAMUEL RICHARD CHEESE . I keep the Flora tea-gardens at Bayswater, I had a quantity of onions taken out of my ground, and placed on the ground to dry—on the 13th of September I missed about half a bushel, or three pecks—I lost twenty bushels in about ten days—the prisoner had no business there—it was three o'clock in the morning when he was stopped—I do no business till the afternoon—the onions found are such as were on my premises.
Prisoner's Defence, I had been the day before to Uxbridge, and was returning to Billingsgate to get some fish—I had occasion to retire for a purpose—I went through a gap, and before I got three yards I stumbled over something, and fell—I took it up, and thought it was potatoes—I pulled a small one out, and found it was onions—I took it towards the house with intent to see whose property it was, and in the way I met the police man, who asked what I had got—I said, onions—he collared me, and said "You must go with me," and I said, "Very well. "
MR. CHEESE re-examined. There was a gap made where they broke in to steal the onions—the bag does not belong to me—there is nearly twenty acres of ground, and he was in the middle of it.
GUILTY . Aged 50.— Confined One Month.
JOHN HORNER . I live at Boxmoor—I sometimes live in Greenland place, Camden Town—I am a fireman on the railway. I met the prisoner, by the Black Cap, on the 17th of September, and went with her to the back part of Bayham-street, a little after twelve o'clock—I was guilty of some imprudence, and gave her 18d—she ran away—I went back into Bayham street, and found her with the policeman—I missed two half-crowns, eleven shillings, and two sixpences—my trowsers pocket was turned inside out which could not have happened by accident.
WILLIAM COBB (police-constable S 156.) On Saturday, the 17th of September, I saw the prisoner run away from a field into Bayham-stree—I stopped her, and asked her what she had in her hand—she said two shillings—I asked her to open her hand, which she did, and there were two half crowns, eleven shillings, and two sixpences in it—the prosecutor came up, and I asked him if he had been with her—he said he had, and had given her 18d.—I asked how much he had in his pocket—he said 17s.—I had not told him what I had found—I took her to the station-house, searched her, and found one shilling tied in the comer of her shawl—I returned to the spot where they had been, and found a sixpence loose on the ground.
GUILTY . Aged 21.— Confined Six Months.
On the 13th of September, I had 2cwt. 3qrs. of lead put into an joining shed and missed the whole of it—I watched, and found a piece of lead down in the cellar under the shed, about double the size of a piece I afterwards found on the prisoner—I marked it with the letter H, and left it there—I afterwards heard the cellar flap shut down, and spoke to the witness Beale, and said, "Who has come out of the cellar?"——hesaid "It is one of the Irish labourers, I suppose he has come out of the water closet"—I immediately ran out, and saw the prisoner enter an office door, put a piece of lead down and cover it with a barrel—I ran back, tapped at the window, and Beale came oat—I told him to look under the barrel and he would find the lead—he did so but nothing was there, but on looking behind some sand he found it—I said, "If you open it, you will find the letter H"—the prisoner was in the office at the time I came there—it was the office of Tottenham Court Chapel burial ground—I am certain he put the lead under the tub—he must have moved it while I went to tap at the window.
GGEORGE KERWOOD BEALE . I am a tobacconist, and live in Chapel street, Tottenham Court-road—I was at the prosecutor's on the 15th of September, about a quarter to ten o'clock, I saw the prisoner come from below the cellar which has the flap to it—I took no particular notice of him, as he could not run away, being a labourer about the premises—I went into the shop adjoining the shed, and Mr. Nodes asked who had come from below—I said, "One of the labourers"—he ran out, and re turned and tapped at the window—I ran out and went into the office which was close by—he said, "Look under that barrel, you will find some lead"—I looked, and it was not there—he said he was positive it was there, or somewhere close by, and the rascal must have moved it—I looked over about a yard from the barrel, and there it laid by some sand be said, "You will find H on it," which I did.
Prisoner. These gentlemen or their neighbours brought the lead there, on purpose to lay wait for me—I did not take it—I never had it at all—I am a plasterer, and had work there.
MR. NODES re-examined. He had no business in the cellar at all—the lead bad been moved by pieces into the cellar, out of which he was seen to come—the lead was found about eight yards from where he came from, about a yard from the barrel—I saw him put it under the barrel—I do not know whether he saw me—his back was to me, but I made him know I was there, for I said to him, "I have found out where my lead is all gone to."
(The prisoner received a good character.)
GUILTY . Aged 40.—Recommended to mercy by the Prosecutor.
Confined Six Weeks.
NEW COURT.—Friday, September 22nd, 1837.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 21.— Transported for Life.
GUILTY . Aged 28.— Confined One Month.
GUILTY .* Aged 13.— Transported for Seven Years.
2140. JOHN ANSELL and WILLIAM MANNING were indicted for stealing, on the 12th of September, 1/2 a bushel of oats, beans, and chaff, mixed together, value 1s., the goods of Edward Sherman, the master of the said John Ansell.
JONATHAN MATTHEWS . I am servant to Edward Sherman, the coach proprietor—he has a great number of men—Ansell was one—I am foreman on the western line—I received information, and watched in a stable adjoining to where Ansell worked, where the horses stood that he looked after—this was Tuesday, the 13th of September—about half-past nine o'clock at night, I saw Manning come and speak to Ansell—I knew Manning—he is ostler to Martin, of the Green Man—they spoke to each other—I could not hear what passed—he went out and came in again, and Manning took up a pail—Ansell was then in the stable—the corn, and chaff, and beans are kept in a bin, in the stable—Ansell has the key of the stable and the bin—I went out of the stable I was in and took the pail from Manning, in the yard, and found in it oats, beans, and chaff—I did not ask him how he came by it—I took it home to my own house—I said, "Bill, what are you going to do with these?"—he said nothing—he never spoke to me—these are my master's beans and chaff.
Cross-examined by MR. PHILLIPS. Q. What do you mean by telling my lord you said nothing, and then saying you said, "Bill, what do you mean by this?"A. I might omit that word—that was all I said to him—I think it was about twelve or one o'clock that this man was taken up—they were brought before the Magistrate—Mr. Martin bailed them—they were let go for five days—they had all that time to escape—I asked a boy of the name of Hunt where Ansell was—he said, "I don't know"—I said, "Tell him to go"—he did not go—I sent word to him to run away—I did not send another person to him to tell him to go—I know Warden, the postman—I do not remember sending such a message by him—I did not—what I said to Warden was," If the men go away, I think my master won't prosecute them, nor go after them"—I have had no quarrel with the master of either of these men.
COURT. Q. Did they ever lend oats and chaff to one another? A. My master told me not to allow any thing of that sort—I never told Ansell so.
NOT GUILTY .
2141. JANE WATKINS was indicted for stealing, on the 8th of August, 5 sheets, value 12s.; 4 table-cloths, value 14s.; 3 waistcoats, value 4s.; 1 gown, value 4s.; 1 pair of trowsers, value 2s.; and 1 pair of salt cellars; the goods of Thomas Lawrence.
THOMAS LAWRENCE . I live in Kingsgate-street, Holborn, and am porter at Lyon's Inn. The prisoner lodged in the same house—I have missed a good deal of property—four table-cloths and other things—I charged the
prisoner with having taken them—I asked her if she had any of my property—she said she had some, and gave me up thirteen duplicates—these are my things—I gave the duplicates to the officer—these are them.
Cross-examined by MR. PAYNE. Q. Do these duplicates relate to these things? A. Yes. I gave them to the officer on Sunday morning—I had this conversation with the prisoner on Saturday night week—I had kept them myself till I gave them to the officer—I said to the prisoner, "You have been caught in my room, I hope you have not robbed me"—I missed a few little things, such as sugar and pickles—I did not mind that—I said, "I hope you have not robbed me of any thing else," and then she began to cry, and went to the drawer and gave me these duplicates—she said she had got some linen of mine.
WILLIAM RICHARD TUCKWOOD . I am in the service of Mr. Aldridge, a pawnbroker. I produce all this property—it was all taken in of a person of the name of Watkins, who is the prisoner's daughter, I believe.
GUILTY . Aged 33.— Confined Three Months; Three Weeks Solitary.
2142. THOMAS STOKES was indicted for stealing, on the 19th of August, 200 yards of canvas, value 5l.; and 200 yards of Hessen, value 5l.; the goods of the West India Dock Company, his masters; and JAMES HALLEN, alias HALLEM , alias SMITH , for feloniously receiving the said goods, well knowing them to have been stolen; against the Statute, &c.—3rd COUNT, for receiving them of an evil-disposed person.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
RICHARD WILLIAMS . I am warehouseman in the employ of the West India Dock Company. They have a warehouse in Fenchurch-street—I am stationed there—the prisoner Stokes was one of the workmen, and has been so about two years—there was a considerable quantity of canvas in the ware house where he was, which was under his especial care—it was given out by him, and the receipts recorded by him—I have found between two and three hundred yards of that canvas, which is a quantity that could not have been taken without his missing it—he never made any complaint or representation of missing any up to the time of his being taken into custody—I have seen a man of the name of Ridler at the warehouse in Fenchurch street speaking with Stokes—that was after the Company had received, (through a person of the name of Morris,) some intimation of some of their property being stolen by some of their servants—I desired one of our people, named Cooper, to follow Ridler when he went away—it was Stokes's duty to send out from the warehouse bags containing samples of indigo, and to accompany them as far as the outer gate, where the gate-keeper was stationed—that would give him an opportunity, if he were disposed, of putting canvas or any thing else into the bags containing the indigo—the gate-keeper would put his hand on them, but not examine them narrowly—that would not enable him to detect canvas in the bag—on the 18th of August, Stokes sent out some indigo in the way I have mentioned—I should say this is a part of the canvas under Stokes's care—(looking at it)—it corresponds with cloth we have on the premises made specially for our use—there is no mark on it, but I should say it is the property of the West India Dock Company—I should say it has not been made up thus for the honest purposes of the Company—this bag which was found on Wagstaff is also the Property of the Company—some of their canvas bags which were found on Wagstaff have the appearance of having rubbed against indigo.—(See page 662.)
Cross-examined by MR. PAYNE. Q. How long had Stokes been in the employment of the Company? A. Two years or a little better, from June two years—I don't speak to any particular marks on that found at Hallem's house—I speak to it from its general appearance and from comparison with the other cloth—there have been from twenty to two hundred persons in the employ of the West India Dock Company—this canvas was in a room set specially apart for the stores—the doors of the warehouse are open during the hours of business—there are two doors to that in Stokes's department; one is open during the hours of business—Stokes has been employed in taking samples of indigo, which would take him off the premises—other people would have access to these rooms in his absence—they would go there to draw stores, but in his absence another man would be left there in charge—there is a carriage way through the yard used by the public—I cannot say what quantity of the canvas we had at one time—the whole quantity that was manufactured for the Company was 30,000 yards, but it was not all delivered at once.
MR. BODKIN. Q. Supposing any persons to have stolen these articles, would Stokes have known it? A. Yes, he would have known if a triffing article had been taken away.
COURT. Q. Why must Stokes have missed it? A. Because it was done up in bolts of seventy, seventy-one, or seventy-two yards, and therefore he must have missed it—the arrangement of the rolls round the room is such that he must—they begin at one part, and go on regularly through it—Stokes kept an account of all that came in, not of that that went out—he never made any statement of any being lost.
ALEXANDER PATTISON . I am in the employ of Mr. John Murray, of No. 46, Church-street, Minories, a canvas merchant. My master is in the habit of manufacturing canvas for the West India Dock Company—it was of a peculiar description for their purposes—(examining the property)—we manufactured 30,000 and odd yards of this sort for the Company—the date of the contract was 1st March, and it was all delivered by July—I should say this is a part of it—it is the same width and weight—I do not think this (a piece of that found at Hallem's) is a part it.
Cross-examined by MR. PAYNE. Q. Have you any particular means of speaking to this except the general appearance of it? A. From the width and weight—there are the marks of our house on it—we make for other people as well as the West India Dock Company, but this was marked and numbered expressly for that Company, and these are their marks on some of them—there are not on this piece (a piece found at Hallem's house)
MR. CLARKSON. Q. In your judgment is it the same? A. Yes.
MARMADUKE LOVELL (police-constable G 144.) On Wednesday, the 16th of August, I apprehended the prisoner Hallem—I met him in Old street, and took him—I was in plain clothes—I said, "Your name is Hallem, ain't it?"—he said, "No"—I said, "Yes, it is; don't deny your name"—I said, "I am an officer, and I want you, for a robbery committed at the West India Dock Company's warehouse"—he said, "I don't know any thing about it"—"Well," I said, "I will take you for Hallem, and you must go to the station-house"—I said, "What is the use of your denying your name; it will make it all the worse for you"—he said, a person being pounced upon as he was might say twenty things—he said, "I can soon correct my error; my name is Hallem"—I took him to the station house—nothing else passed—I afterwards proceeded to his house—I had been three or four days watching his house, which is No. 71, Phillip-street,
Commercial-road, thinking he would come home—I never saw him come home—I went to the house, and searched it, the same evening—I there found some of these articles in a cupboard on the second floor, and these bags down below in a shed under the stairs, and these other pieces of canvas in the second-floor back room—they are what the witnesses have spoken of.
Hallem. Q. Where was I when you said you wanted me for a robbery? Witness. In Old-street—I told him it was for a robbery when I took him into custody.
ELIZABETH ELLEN LOWE . I am the wife of Joshua Reed Lowe, a working optician, living in Glover's-hall-court, Beech-lane. A man of the name of Wagstaff lodged in the same house, in the second-pair front room—I do not know whether he was acquainted with the prisoner Hallem—I saw them together on the 8th of August, between ten and eleven o'clock, at my place—they went away together—Hallem came in the morning first, at a quarter before eight o'clock, and my husband answered him—Wagstaff was not up—I saw him going away from my door, with Wagstaff, between ten and eleven o'clock—Wagstaff returned about a quarter past twelve o'clock—he brought a bag on his shoulder—it was shown to me yesterday—it was such a one as this, and bulky—he went up stairs with it, came down again, and went out, he returned shortly after with a porter, and carried it away—this was on the 8th.
GEORGE MILLER . I am a porter. I was employed by Wagstaff, on the 8th of August, to carry a bag from No. 4, Glover's-hall-court, Beech lane—I carried it in the direction I was told, and was stopped by an officer—the officer took the bag, and took Wagstaff into custody—the bag continued in custody—this is the bag—it was taken by Peak the officer—I met Hallem the next morning—I had never seen him till the day before—he was quite a stranger to me—I was in Whitecross-street—he said, "Was not you the man that carried that load yesterday?"—I said, "Yes"—he said, "How has he got on?"—I do not think he mentioned the man's name—I said, "I got discharged, he was remanded till Friday"—he said, "It is all right, he will get off on Friday"—nothing more passed—I never saw him again.
Hallem. Q. Did you ever state this before? A. No—I was not asked before the magistrate.
Hallem. It is false—you were asked, and said you never saw me before.
MR. BODKIN. Q. Were you ever asked if you saw Hallem? No, not till this morning.
THOMAS COOPER . I am a watchman at the West India Dock. I remember being directed to watch a man there—I know Ridler—I did not see him come to the docks, but he was pointed out to me by Mr. Williams, and I followed him from Fenchurch-street, just by the warehouse, a very little way from the gate, to the Minories—when I got to the Minories, I saw Hallem, and they went into a gin-shop together, and then they came out and went into an oil shop together, where they sell mats and other things—Ridler came out in about twenty minutes—then they separated.
MATTHEW PEAK (police-constable G 198.) I was on duty, on the 8th of August, in Bath-street, City-road. I saw the porter carrying a bag—I stopped, and asked him questions—I took the bag, and took a man named Wagstaff into custody—he was about twenty or thirty yards from the man who was carrying the bag—that was the man who was tried here yesterday
—I attended before the magistrates—Wagstaff, and Hallem, and Stokes were jointly charged before the magistrates.
WILLIAM BRAND . I am a deputy marshal of London. On Saturday, the 19th of August, I took a man of the name of Ridler—I searched his lodgings the same day, and found thirty pieces of canvas, small and large, these are five of them.
RICHARD WILLIAMS Cross-examined by MR. PRICE. Q. Are you acquaint ed with Mr. Morris? A. He first introduced himself to me in May—Mr. Tyrrell introduced the name, not the man—Morris stated that he could afford me information of a robbery being carried on at the West India Docks warehouse, by a man of the name of Stokes—Morris did not engage me to employ a person to purchase stolen commodities belonging to the Company, for the purpose of detecting the thief—I never made any offer of a bonus to Morris at any time, for doing any thing towards a discovery of any robbery on the Company, nor did any body in my presence to my re collection—I had an interview with Mr. Tyrrell—he informed me that information had been communicated, that the East India Dock Company had been robbed by one of their servants, which did not apply to them, but as we had a man of that name it must apply to us—I am not able to say whether Morris was employed by some official gentlemen, to use what means he thought proper for detecting robberies on the Company—he had an interview with me, and I took him to Mr. Longlands, the secretary, to afford the information.
Q. Did you tell Morris, at any time, that any servant in the employ of the Company, who was suspected, should have the opportunity of robbing the Company, for the purpose of detection? A. That he should not be interfered with.
Q. Was that for the purpose of affording Mr. Morris greater facility in using his measures for the detection of robbery? A. I know nothing of that—it was Mr. Morris's observation that he might not be interfered with—I did not propose at any time to absent myself for the purpose of affording facilities; on the contrary, I was more about the warehouse and the yard—I had not suspicion of any of the servants at that time—I had no suspicion after the communication made by Morris, and have not at this moment—the Company have been robbed, but the prisoner is no longer their servant—I have had this suspicion since I saw Morris—in con sequence of seeing him I entertained these suspicions slightly; but they were shaken very shortly after having seen Morris—I did not believe it—I believe it now—Mr. Dixon is the inspector of our Company's police—I have seen Morris in his company—he was not called in to a conference between me and Morris—Mr. Dixon is here—I did not give Mr. Dixon instructions to look out after any of the servants of the Company—by virtue of his office he took what measures he thought fit—he had no instructions from me—he directed me that a man would be sent up to watch the premises—I had nothing to do with it—I was desired to allow him to proceed as he thought proper under Mr. Dixon's direction—I afforded him the facility of residence on the premises, for their placing themselves on the premises—I mean Cooper and Mr. Dixon—I know nothing of Morris being employed—he was to be referred to Mr. Dixon—I do not know, of my own knowledge, that any sum of money was offered
Morris—Mr. Forrester was not employed, to my knowledge—I do not know the man—Morris asked that he should not be interfered with—we were from May till August before we discovered any delinquency in the servants—we abandoned all idea of detecting them after May—we discovered that depredations had been committed on the 11th of August, and our suspicions had been attempted to be excited in May; but they were not confirmed in August—when I was told of it in May I did not believe it—after the detection in August I began to think there was something in it—that proved there was some ground for my suspicions, and that I was mistaken in May.
MR. CLARKSON. Q. You say that you first saw Morris, after having heard him spoken of by Mr. Tyrrell; did he stipulate that he should be paid money by the Company on the apprehension of the party, and more on the conviction? A. He stated that he had been promised a sum of money—that he had had some engagement with Mr. Tyrrell to be remunerated for the information—I took him up to Mr. Longlands, and he referred him to Mr. Dixon, the principal of the police—Morris was under an engagement to furnish the West India Dock Company with information till the 19th or 20th of May, when they declined to have any more to do with him—he came to me to state why he had not detected the party, and said that the man should be forced to commit the robbery, if I would be a consenting party—he said the party should see Stokes, and tell him, if he did not make the supply of cloth that was required, that the man should come down and make the disclosure to me—I told him there was a probability that the man had seen his error, but I would never be a party to force a man to commit a crime, it should be on his own head, and he should take all the responsibility, but I could not lay my head on my pillow if I did—I do not know that Morris has been repeatedly charged with thefts—I did not know that at that time he had been charged with burglary, or I would not have admitted him into my presence—he came to me as a person who could give information—I did not know that he had received 200l. or 300l. from the Custom-house—I know he had presented himself to Mr. Tyrrel under the name and pretence of an attorney—I was not present at any thing that Morris said about the receivers—I did not know that he had made a stipulation that his men, the receivers, should be protected—I received Morris, and acted under the direction of my superior, under a belief that he was able to detect a robbery on the Company by some of their men, and I referred him to Mr. Longlands, the secretary, and then to Mr. Dixon—the discovery of the robbery on the 8th of August was totally unconnected with Morris, and unknown to him.
MR. PRICE called
JOHN MORRIS . I am an artist's colour-man, and live in Angel-court, Throgmorton-street. I know the prisoner Hallen—I know Mr. Tyrrell, the East India Dock Company's solicitor—I was introduced to him on the subject of the prisoner Hallen—I cannot say when—it is a good many months back—I gave Mr. Tyrrell to understand that I had an intimation given me that the Dock Company had been robbed—he asked me to pro duce some of the articles—I produced some pieces of canvas—he said he should like to see a bolt; and some time afterwards I produced a bolt to him, and after a great deal of inquiry, he said he believed this person was not in their employ, but the West India Dock Company's, and he gave me a note to Mr. Williams—I saw him on the subject, and Mr. Williams desired
me to see Mr. Dixon, and said I had better go on the coach to Blackwall—I said I had some business to attend to, but I went down soon after, and saw Mr. Dixon, and there was an agreement—Mr. Williams and Mr. Dixon said that my men whom I employed in the affair should not be hurt—I told them I did not know this myself, that I had it from another per son who produced to me some portions of canvas, and I produced them to Mr. Tyrrell and Mr. Williams—I had employed Hallem for the purpose of obtaining that canvas—Mr. Tyrrell gave me two sovereigns for the purpose of getting it, and I left a bolt of canvas at his office—Hallem was employed by me to purchase canvas of this description of the Company's servants, for the purpose of detection.
MR. CLARKSON. Q. Which of the servants? A. I believe the man's name was Stokes—I have been an artist's colourman, I suppose, eighteen months or two years—I have lived at No. 16, Angel-court, four or five months—I have the lease of the house—I have likewise a manufactory in Moorfields, where I keep several men at work—I get my living as a tradesman—I got a bolt of canvas from Hallen—I cannot tell on what day, but I produced it, as soon as I got it, to Mr. Tyrrell—I have been in custody, but the Magistrate would not hear the case.
Q. Have you ever been in custody for felony? A. I do not under stand what you mean by felony—I have never been in custody for picking pockets—I have never been in custody for burglary—I know Lee the officer—I have never been locked up an hour—there was a man taken up, who was walking with me, but the Magistrate would not hear any thing against me—I may have had a glass of grog too much, and have been fined—I never was locked up—I never was detained an hour for felony—if I have been in custody half a dozen times, it has only been as I have stated, in an evening—I do not know that I have been in custody half a dozen times—I would not swear that I have—I have not acted as an attorney in the course of this prosecution—I was not taken to Mr. Price—it was done through the channel that introduced me to Mr. Timothy Tyrrell—I do not think the gentleman would like to be named—it was Mr. Hobler.
Q. Was it arranged between you and Mr. Hobler that you should go and instruct Mr. Price? A. One of Mr. Hobler's clerks—if you can prove that I was in custody before that, it is more than I can recollect—I never was in custody for felony—I was taken in custody to Lambeth-street, and charged with felony by a policeman, for being along with a man, and the Magistrate would not hear any thing against me—I cannot tell when that was—it was six or seven years ago—I have never been locked up an hour since then—I do not recollect it—I say that I have not, upon my recollection—there is a great deal of prejudice between me and Lee.
Q. Did you not get 400l. for affecting to give information on the subject of the Custom-house robbery, and then you did not give a word of it? A. That has nothing to do with it—the government were well satisfied with what I did, and paid me very handsomely—Mr. Hobler paid me, I do not say what—Mr. Williams urged me to urge Hallem to urge Stokes to commit a felony—I might have said that Hallem was the man to manage these things, and would always come it it me—I do not recollect saying that there was no fear of his being taken into custody, as he was too downey a cove to be caught with any property in his possession—I have applied to be let into Newgate to confer with Hallem—I have known Hallem eight or nine years, but I do not think he was acquainted with me—I knew a person of the name Jordan, the
thief who was transported for robbing the Custom-house, and Sullivan—I do not know what you mean by his being a friend of mine—I have been in his company, and in Lords' company, and members of parliament—I have known Hallem some years—I never knew any dishonest action of him—I do not recollect saying there was hardly a good old thief left in London, and if Hallem was convicted, my work would be stopped—I do not like to swear anything that is wrong.
MR. TYRRELL examined by MR. PRICE. I am solicitor to the East India Dock Company—I introduced Morris to the West India Dock Company for the purpose of detecting some robbery—I did not know Hallem's name, but Morris called, and said the person had got into difficulty, and as I had introduced him to Mr. Williams, he hoped I should interfere—this was a very short time ago.
MR. PAYNE. Q. Was the prisoner Stokes in the employ of the East India Dock Company? A. No.
MR. BODKIN. Q. Is there a person of the name of Stokes in the East India Dock Company? A. There is—the first introduction of Morris to me was on the 19th of April—he was to have money—he produced to me a piece of canvas, which he represented as part of the pillage, and upon that I transferred him over to the other Company.
MR. CLARKSON to MR. WILLIAMS. Q. Did you ever tell Morris to urge Hallem on, that Stokes might commit a robbery? A. Decidedly not—nothing of the sort.
HALLEM— GUILTY . Aged 34.— Transported for Fourteen Years.
STOKES— GUILTY . Aged 33.—(See Page 666.)
2143. THOMAS STOKES was again indicted for stealing, on the 19th of August, 200 yards of canvas, value 5l.; and 200 yards of Hessan, value 5l., the goods of the West India Dock Company, his master; and SAMUEL RIDLER was indicted for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c. (Upon which no evidence was offered.)
NOT GUILTY .
JOSEPH HODGE . I am shopman to Thomas Steel, and live at No. 65, High Holborn. He keeps a shoe shop—he had some boots on the 4th of September—I saw them safe between eleven and twelve o'clock—they were gone about twelve—these are them (looking at them.)
JAMES BURDEN . I live at No. 37, High-street, Camden-town. About ten minutes after twelve o'clock on the day in question I saw the prisoner turning the corner of Featherstone-buildings with a pair of boots—I followed him, thinking it was not right, and he was stopped with the boots.
GUILTY .* Aged 21.— Transported for Seven Years.
DAVID MASON GOODWIN . I live at No. 44, Margaret-street, Spa-fields. About half-past eight o'clock on the evening of the 3rd of September, I took off my coat, it being damp, and hung it up—I missed it the next morning—
I gave information and saw it at the station-house afterwards—I left in the parlour behind the shop—this is my coat.
WILLIAM POWELL . I was riding in a cart on this morning near the shop of the prosecutor, and saw Bowles come out with the coat—he folded it up, and gave it to the other prisoner who was close by—they walked on—I followed them till I saw a policeman and gave them both in charge, with the coat, which Thompson had at that time.
Thompson. Q. How do you know it was me? A. You have not got the same dress on now—you had an old ragged tail-coat on—I cannot tell the colour—you had a hat on.
Thompson. I was passing Rosoman-street on my road to St. Albans, and saw the coat rolled up—I took it up and went on to a place—I took off my coat and put it on—William Powell came up and said, "Come along, old chap, I am glad to see you pick it up. "
THOMPSON— GUILTY .* Aged 19.
Confined Three Months; Three Weeks Solitary.
BOWLES— GUILTY .* Aged 17.
Confined Six Months; Six Weeks Solitary.
Sixth Jury, before Mr. Sergeant Arabin.
DANIEL REEVE . I live at No. 48, St. John's-street, Clerkenwell, and am in the service of Richard Douglas, a hosier. About six o'clock in the evening on the 8th of September, I heard a twitch at the door—I jumped over the counter and saw the prisoner and another boy running away—I ran and caught the prisoner—he dropped these braces, which are my master's—I gave him into custody—he had got fifteen or twenty doors off.
Prisoner. I did not take them.
GUILTY .* Aged 17.— Transported for Seven Years.
SUSANNAH HILMAN . I am married, and live in Southampton-street. Mr. Lacy lives in Tottenham-court-road—about ten o'clock on the evening of the 2nd of September, I was near Mr. Lacy's shop, and saw two persons go from the window—the prisoner was one—he went away with something under the skirt of his coat—I went and told Mr. Lacy he had lost some thing—he went after them—I did not see him brought back.
Cross-examined by MR. PAYNE. Q. Where were you? A. On the same side of the way—there were many persons passing in some parts—I saw something under the skirt of the coat of the person that went away from Mr. Lacy's, and then I lost sight of him, but I pointed him out after wards—I saw them for half a minute—I noticed them at the window, and their manner of leaving the window made me notice them—I was alone.
WILLIAM LACY . I am an umbrella manufacturer, and live in Tottenham court-road. Mrs. Hilman gave me some information—I ran across the road, and on turning down Cheyne-street the prisoner dropped the parasol—my son took it up and gave it me—I still followed the prisoner, and never lost sight of him till he was taken—this is the parasol.
Cross-examined. Q. Where was the prisoner stopped? A. In Alfred street, near Francis-street—I had not lost sight of him—I sent my son back—he ran before me—this parasol was at the door—there was no necessity to go in to get it—the prisoner was taken about a quarter of a mile I should think, from the place where the parasol was picked up—that was a very few yards from my house—there are three or four turnings between my shop door and the place where the prisoner was taken.
JURY. Q. Was it possible that you could have lost sight of him? A. I never lost sight of him—I saw him drop it, and my son took it up—I sent him back, as there was no one in my shop, and I still followed the prisoner till he was taken.
(The prisoner received a good character.)
GUILTY . Aged 22.—Recommended to mercy by the Jury and Prosecutor.
Confined Six Days.
JOSEPH REDDING . I live in the service of John Redding, who is my brother, and lives at Islington. I remember this ham being safe on the 31st of August, in the shop window, at ten o'clock—I did not miss it till the officer came, and asked if I had lost a ham—this was a two o'clock—this is the ham—I had not seen the prisoner come in—he might have been there.
Prisoner. Q. Can you swear to it by any mark? A. By the cut of it I can swear to it, and I missed a ham of this description.
THOMAS HOBBS KING . I am a policeman. I was at Islington about two o'clock this day, and saw the prisoner with the ham, and suspected he had stolen it—he was twenty or thirty yards from the shop—he turned the corner of Camden-street—when he saw me he threw down the ham, and ran away—I pursued, and came up and took him.
Prisoner. Q. Did you see my face before you took me? A. Yes; you passed my side within five yards, and had the ham carrying before you, which made me suspect you.
Prisoner. I am a poor young man, and a gentleman asked me to carry this ham; when I saw the policeman I suspected something, and threw it down.
GUILTY . Aged 21.— Confined Three Months.
DAVID DOWNES . I am bailiff to Mr. Thomas Fagg and others, coach proprietors and farmers, at Bedfont. They keep their horses there to sup ply the coaches—the prisoner was a carter, and drove one of their teams of horses in the farming line—at twenty minutes before two o'clock, on the 14th of September, I was called up to assist a friend of mine, who died in his chair, and I got up to go there—I was not watching the prisoner—I had no suspicion of him—one of my master's wagons was there with two loads and a half of straw in it—(no corn)—which the prisoner was to take to the Bell and Crown, Holborn, for their own use—I saw the prisoner there—he ought to have set out about one o'clock, and this was near two—I looked over the granary gate, and saw him draw a ladder away from a part of it—I went and asked him if he was not going—he said he was a little
too late, and he went into the stable, where the straw stood which had been loaded two days before—I sat on the barn loft, and he came in with three horse cloths—he took the ladder, and went up the load of straw, he was some time up there, covering it over, and that gave me some suspicion; when he went to get his horses from the stable I got up the ladder, and on the top of the straw I saw four sacks of corn—he got his horses in, and went seventy-eight yards, then I called him, and told him to stop, as I had got a little parcel to send; I kept him till the policeman came up, and then I got the ladder and got them down—they are my master's oats, and the sacks are marked with his name in full.
Cross-examined by MR. PAYNE. Q. How long had the prisoner been in your service? A. A few months—I know Lovell—the man appeared agitated when I spoke to him—he was rather late.
CHARLES ALLEN . I am a police horse-patrol. I was called on to take the prisoner—I saw the sacks and corn—I asked the prisoner, "What about this corn?"—he said, "If there is any corn there, that is more than I know; it must be done to spite me"—he said, in going along," I am innocent; there is more guilty in the yard titan I am"—this was about four o'clock in the morning—about eight o'clock he said Lovell had been to the cage to ask him to say nothing about the oats.
Cross-examined. Q. What are you besides an officer? A. Nothing—I did not tell him it would be better or worse for him—Mr. Downes and Mr. Fagg were by—I said, "Does Mr. Lovell know that the oats were in the wagon?"—"Yes, "says he;" he told me to take them to the White Bear, at Hounslow, and leave them there. "
MR. PAYNE to DAVID DOWNES. Q. Do you know whose service the prisoner came from to your master? A. I do not know—we took him without a character—he had been two years and two months with us.
JURY. Q. Have you the samples of the oats? A. Yes, these are from the bulk, and these from the sacks which the prisoner had (producing them.)
GUILTY . Aged 30.—Recommended to mercy by the Jury.
Confined Six Months.
ROBERT JOHN FEATHER . I keep the Fox public-house, Fox's-lane, Shadwell. On the 30th of August, between four and five o'clock in the afternoon, the prisoner came in, with two other people, and soon after they drank together—the prisoner called first for a pot of beer—Mrs. Feather refused to serve him, because he was drunk—the other two men followed him, and had a pot of beer—they drank it, and then went out; and the prisoner came to the bar, and abused Mrs. Feather for not serving him, and said he would serve her out for it—I went to the bar and pushed him out—he had a rough coat on, and a pot fell from him, which I did not identify; but when he got out another fell from him—I took out my knife and marked it, and can identify it—the other two men, who were coal-heavers, came back, and insisted on my letting the man go, and I let the prisoner go—he was afterwards taken—I have heard that when the prisoner gets a little drink he is rather deranged, so that I would not wish to be hard with him.
NOT GUILTY .
monger's shop, in Ratcliffe-highway. About three o'clock, on the 8th of September, the prisoner came and asked for change for a shilling—I drew the till out to give him change—he asked me if I would oblige him with a new sixpence—I said I did not think I had got one—he raised him self up, put his hand into the till, and took out three half-crowns—I caught hold of him, and kept him across the counter—I took two out of his hand, and the other he put under a four-pound weight—there was a young man going by; I called him, and kept the prisoner till I went round and got an officer—he said if I would let him go he would never do the like again.
Cross-examined b MR. BALLANTINE. Q. You were on one side of the counter, and he on the other? A. Yes—he struggled very hard, but I held him till the young man came in—there was no new sixpence on the left-hand side of the till where he took these half-crowns from—he put his hand down, and said, "There is one"—I caught hold of his hand, and said, "you young rascal, what have you got there?"—he said, "Nothing, ma'am," and then I took the half-crowns from his hand.
GUILTY .* Aged 14.— Transported for Seven Years.
MICHAEL BROWNE . I am a police-sergeant. On the 19th of September I found the prisoner in the Harrow-road—in consequence of information I had received from the prosecutor on the Sunday before, (who described the prisoner,)—I saw the prisoner—I said, "I want you"—he said, "What for?"—I said, "Allow me to look at these shoes oh your feet"—he hesitated, and said, "They are my master's; I won't deny it"—I took him to the station-house, and said, "You have broken open a box, and taken some money"—he said, "I have not broken a box, but the money I was advised to steal."
CHARLES WAYT . I am a fishmonger. I took the prisoner out of charity—he had been with me about ten weeks—I employed him occasionally—when I came home on Tuesday the shoes were missing—a lodger gave me some information—I did not know the money and box were gone for a week, I lost them—there was sa near 12s. in it as there could be.
Prisoner's Defence. I met a man, who asked me for a penny—I said, "I cannot get you a penny"—I went to the box and opened it, and did not know what to do—I could not shut it again—I ran away, and went the over-night, and wanted to see one of my fellow-apprentices to give him the money, to take back again, as my master would not let me see him.
GUILTY . Aged 17.—Recommended to mercy by the Prosecutor and Jury.
Confined Six Months.
MARGARET KINGGETT . I live at St. George's-in-the-East, with my father. The prisoner lodged in the front room on the first floor—I missed a handkerchief and gown on the 1st of September, about six o'clock in the evening—I put it into a drawer in the second-floor room—she had nothing to do with that room—she was married, but her husband is dead—her mother and father generally kept her—they have lived there nine months,
and are honest sort of people—I went out on an errand, and then missed the gown and handkerchief—I went to the pawnbroker's, and found the gown—this is the property—it was taken out of the bottom part of the drawer.
ROBERT GEE . I am a policeman. I took the prisoner on the 1st of September—I took her to the station, and asked to search her pocket, and found the handkerchief in her pocket, and the duplicate of the gown.
Prisoner. She lent me the gown to pawn that afternoon—she begged me not to let her father know it—she had lent me things, before when my husband was alive. Witness. I never permitted her to pawn any thing of mine, and I had not seen her for two or three days before she took these.
(The prisoner received a good character.)
GUILTY . Aged 21.— Confined Three Months.
MARGARET DWYER . I know the shop of Mr. Cotter, a tailor in Vere street, Clare Market. On the 8th of September, between nine and ten o'clock in the evening, I saw the tallest prisoner (Jones) take the trowsers, and run down two steps, and round the corner—Mrs. Cotter came out—I told her—the other prisoner was close to him when the trowsers were taken—they both went away together—I am quite sure the prisoners are the persons—they were taken directly.
Brown. Q. You did not see me with this person? Witness. Yes, I did; you went away with him.
JANE COTTER . I am the wife of Thomas Cotter, a tailor. On Friday evening, the 8th of September, I was in the shop, and saw the two prisoners watching at the window, as I was attending my little child—I thought that attracted their attention—I heard the trowsers snapped from the door, and then I went to the door, and this little girl told me those boys had got the trowsers—I followed, and saw them running—I had seen them about the window for five minutes.
Brown. Q. Did I run away? A. You did not run as the other did, as I passed you, but you did run when I called "Stop thief. "
CHARLES HENRY RAYNALL . I am a policeman. On the 8th of September I heard a cry of "Stop thief," and ran and caught the prisoner Jones in my arms—he said, "Do not stop me; it is not me that stole the trowsers; it is the other boy. "
THOMAS POCOCK . I am a policeman. I apprehended Brown about twenty minutes after the other boy had been taken—Jones gave me a de scription of him, and said he took the trowsers—I went out and took him—he said, "I did not take the trowsers; it was the other boy."
Jones's Defence. I did not take them. I was going down Stanhope street, and the officer caught me.
JONES— GUILTY . Aged 18.
Confined Three Months.
BROWN— GUILTY . Aged 21.
JOHN EDWARD WILDE . I live at No. 4, Stingo-lane, and am a tin-plate worker, in the lock and bell line. I am not acquainted with the prisoner—I had seen him before—on Wednesday, the 13th of this month, he
brought a few little things in to sell at my place, two keys, a scraper, for a bird cage and some other things—I said they would not suit me, and then he went out; he seemed so confused that I suspected something—I went and looked at my tools—they were all safe—I looked up at a shelf where there was a pistol put up to repair—I missed it, and went after him—he then turned down a court—I told him to come back, and said, "I accuse you of stealing something"—he pulled out all these little things—I said, "That is not what I want"—he said, "If you want to know what I have got, I will go into your house and be searched"—I said, "No; it shall be done publicly"—I felt him round, and found the pistol—I said, "I accuse you of stealing a pistol; come to the station-house"—he came a few steps, and this pistol fell from him—a gentleman came by and took it up—he gave it me, and I took the prisoner to the station-house with the assistance of the officer.
Prisoner. I have been a foolish lad to myself—I ran away from my trade, and getting into loose company has brought me to this.
GUILTY . Aged 18.—Recommended to mercy by the Prosecutor and Jury.
Confined Six Weeks.
OLD COURT.—Saturday, September 23rd, 1837.
Third Jury, before Mr. Sergeant Arabin.
ALFRED COE . I am the son of George Coe, a blacksmith who lives in Sidney-street. This truck belongs to him—it was outside the door on the 9th of September, about ten minutes after twelve o'clock—I lent it to the prisoner, as he asked me to let him have it to take three boxes to the East India Docks—he was to return it in three hours, or three hours and a half—we let it out at 2 1/2 d. an hour, but nothing was said about the price—he never brought it back—I saw him on the Monday following, at the Barley Mow, near Gravel-lane, where I went with a man who had bought it, and gave him into custody—I know the truck to be my father's—I did not know the prisoner before.
JOSEPH ROBERTSON . I am a blacksmith, and live in Back-road, Shad well. I have known the prisoner by sight a long time—on the 9th of September I bought the truck of him for 15s., about a quarter past one o'clock—he said it belonged to his brother, who was in great distress.
GUILTY . Aged 24.— Transported for Seven Years.
(There were two other indictments against the prisoner for similar offences on two successive days.)
JOHN STEPHENS . I am a brush-maker, and live in Upper North-place, Gray's Inn-lane. On the 9th of September, about a quarter past two o'clock, I received information and went out—I saw the prisoner across the road—I went and took her opposite my shop with this tub—it is mine—I know nothing of her.
GUILTY . Aged 68.— Confined Six Weeks.
THOMAS FOX . I am a Thames police officer. On the 16th of September, between three and four o'clock in the afternoon, I met the prisoner in the Commercial-road, carrying a work-box tied up in an apron—I asked him where he got it—he said his brother gave it him to carry—I said, "Where did your brother get it?"—he said, "I do not know, I went into a public house, and my brother brought it to me"—he was about ten minutes' walk from the prosecutor's—I went round to the different shops, and found out the prosecutor.
JOSEPH SHRIMPTON . I am a cabinet-maker, and live in High-street, Poplar. This is my box—it was in a chest of drawers in the shop—I saw it in the morning between nine and ten o'clock—I do not know the prisoner.
Cross-examined by MR. JONES. Q. You are quite sure you saw it so recently as that? A. Yes—I have them in my shop for sale—my wife serves in the shop when I am not there—she is not here—I have no reason to think it was sold.
GUILTY . Aged 20.— Confined Three Months.
JOHN ADAMSON . I am a seaman, and lodge at Mrs. Harker's. I received some money, and went to a public house when I came ashore from my ship with some shipmates—the prisoner came into the public house—I was holding a sovereign in my hand to get the change of the waiter, but he did not come in, and the prisoner said, "Hand here, I will go and get change for you"—he took it out of my hand and went out—I never saw him before, and never saw any more of him till about eight days after, when I charged him with it, and told him, if he would give me the sovereign, I would not say any thing about it—he said, a girl stole it from him when he went out—he never went to the bar to get the change, as I thought he was going to do.
Prisoner. Q. Were you drunk or sober? A. Sober—I did not ask you to get the change—you took it out of my hand.
Prisoner. They were gambling together.
WILLIAM PEARSON . I am a shipmate of the prosecutor, and was with him at the public house—I was playing at billiards—the prisoner and prosecutor were playing also—we played for sixpence or a shilling—the prosecutor wanted change for a sovereign, and called for the waiter—the prisoner said, "Hand here, I will go and get change for you"—he took it out of his hand, went out with it, and never returned.
CHARLES PATTEN . I am a policeman. I took the prisoner in charge—he said it was very hard for one shipmate to do such a thing to another; and at the station-house he said he knew nothing of the prosecutor, and that he never saw him before in his life.
Prisoner's Defence. What I said was, "I never saw the sovereign before in my life"—I was acquainted with his shipmates, and went down to their ship with them—they asked me to go to the public house to drink—we began to play at this game, and drank together, but I know nothing about the sovereign—I met him the next night—he said, "Where are you going?"—I said, "Home"—he said, "Where is the sovereign I gave you last night?"—I said, "Sovereign, I never saw a sovereign in my life, why should you accuse me of it? but before I would have my name brought in question I would give you two sovereigns"—he began to
make a row—the policeman was close by, and I went with him to the station-house.
GUILTY . Aged 28.— Confined Three Months.
JAMES NOBLE . I live at Stepney. On the 6th of September the prisoner brought me two pictures—I had seen him before, twice—I bought them of him for 5s., and he went away—he sold them as his own—he returned on the 19th—I had reason to suspect him then, and told him I must take him to the station-house—he immediately ran away—I pursued him, and he was stopped in my presence—I had hung the pictures out for sale, and they had been claimed.
LUCY BENNETT . I am in the service of William Hallibruton, of the Crown and Anchor, Stall-street, Stepney. These pictures were in his drinking-parlour—the prisoner came on the 6th of September, and was not there more than half an hour—immediately after he was gone I missed the pictures—I am quite sure he is the man—these are the pictures.
Prisoner's Defence. I deny being in the house altogether—I purchased these pictures.
GUILTY . Aged.— Confined Six Months.
Before Mr. Justice Vaughan.
NOT GUILTY .
(The prisoner was subsequently convicted of a misdemeanor. See NEW COURT.)
Fourth Jury, before Mr. Justice Patteson.
2162. WILLIAM MAJOR and JAMES DAVIS were indicted for feloniously breaking and entering the dwelling-house of William Robert Henry Brown, at St. Bridget, alias Bride, on the 17th of September, with intent to steal, and stealing therein, 2 clocks, value 8l.; 2 pairs of spectacles, value 10s.; 2 spectacle cases, value 1s.; 26 spoons, value 4l.; 3 watches, value 10l.; 4 watch chains, value 10s.; 1 watch guard, value 1l.; 6 seals, value 1l.; 4 watch keys, value 10s.; 1 handkerchief, value 3s.; one shilling, two-pence, one halfpenny, and three farthings, the goods and monies of Jeremiah Board.—2nd COUNT stating it to be the dwelling-house of Jeremiah Board:—and RICHARD FELL for feloniously receiving 2 clocks, part of the said goods, well knowing them to have been stolen; against the Statute, &c. to which Fell pleaded
GUILTY .— Confined Three Months.
MESSRS. BODKIN and BALLANTINE conducted the Prosecution.
JEREMIAH BOARD . I am a prisoner in the Fleet Prison—I have a private room there of my own, and a key of my own—the place where I live is called the "Fair"—I have the sole occupation of the room—last Sunday, about eleven o'clock, I left my room to go to chapel—I locked the door, and put the key into my pocket—I always do so—I came out of the room with another person, and locked it—I returned about a quarter past twelve o'clock, and when I came to my room I found the door about three inches open—it alarmed me very much, and I said, "Who the devil is here?"—no answer was given, but in a minute some chap came out of the room against me—it was the prisoner Davis—he said, "What business have you in
my room? the other is gone"—my door is very near the steps—he said nothing more, but ran up the steps—I did not go into my room, but followed him all along up the steps into Rowbottom's room—he is one of his pals I suppose, he is a prisoner—I lost sight of him then—I was told he was gone out of the window, but I afterwards saw him come out of the room door—in the meantime I had been round to the window—he bad fastened the door after him—if he was inside he must have heard what was said to me—Rowbottom told me he had gone out of the window, which is on the other side of the room—I went there to catch him, as I thought, and when I got round he had not come out there—I went back to the door again and saw Davis come out of the door of Rowbottom's room—this might be in about five minutes—I knew him again in a minute—I collared him, and said, "What business had you in my room?"—I kept him till he was taken into custody—I returned to my room—there were six boxes and trunks in my room, five of which were locked when I left the room, and a small trunk not locked—I found every one of the locked ones broken open—on examining I missed a clock off my drawers, and another clock out of a large chest—I missed all the articles stated in the indictment—I missed four watches, but have found one in a large chest, where it ought not to have been—I missed two pairs of silver spectacles, one belonging to myself and one to my wife, and the cases also—I saw the spectacles found in Davis's pocket—I lost one shilling, and three or four farthings—three farthings were found on Davis.
Cross-examined by MR. PAYNE. Q. How long have you been in the Fleet prison? A. Twenty-three years the 5th of November next—I do not carry on any business there—I did not steal these watches and clothes—I have had one watch five or six years—they were in pawn by other people, and I paid the interest for them, not to be lost, and I kept them for other people—I do not go out of the Fleet—I have found the gold watch, but did not in my flurry see it at first—my sight is bad, and my hearing also—I saw Davis come out of Rowbottom's door—I did not see him come out of the room, but I saw him out of the room—I had seen him go in—Rowbottom's room is in a different gallery to mine—I cannot tell how many turnings there are between them—he went up the steps into the room—I do not walk very bad—I could pretty well run with him—I ran as fast as I could—I did not know the spectacles were in my chest—I do not know how long before I went to chapel I had seen them.
MR. BALLANTINE. Q. Did you know you had such spectacles? A. Yes. I had not parted with them to anybody—I had not given any one authority to part with them for me.
ALEXANDER NELSON (City police-constable 86) About ten minutes before one o'clock on Sunday, I was sent for, and the prosecutor gave Davis into my custody—I searched him in his presence, and found on him two pairs of spectacles and two leather cases—I had asked him whether he had any property about him, and he said, nothing but what was his own—the prosecutor identified them directly I pulled them out of his pocket—I also found 1s. in silver, a twopenny-piece, a halfpenny, and three farthings, a key, and saw-set on him—I went to the prosecutor's room, and took the saw-set with me—I applied it to two boxes in the room which had been broken open, and the dents in the wood exactly corresponded in breadth and length with the saw-set—I was shown into the prisoner Fell's room, and found the prisoner Majore sitting on the sofa there—I searched the room—I saw Waller, my brother officer, take two clocks from the coal-hole.
Cross-examined by MR. PAYNE. Q. What do you mean by the marks corresponding? A. The marks in the wood—I have not brought the boxes here—it was about two hours after Davis was given into custody that I went to the room to examine the boxes—the marks appeared to me to be made with this end of the instrument (producing it)—I cannot tell whether a small chisel might have made the same mark.
SARAH REIG . I was a prisoner in the Fleet when this happened—I was in the "Fair" on the Sunday morning, about twenty-five minutes to twelve o'clock, and saw the prisoners Davis and Major walking up and down backwards and forwards in the passage close by Board's room—one stood reading a book on the steps—I remember Board going into the yard when there was an alarm—some time after that I saw Fell come down with a large bundle in his hand, and take it into the coal-hole—I afterwards told the policeman what I had seen.
Cross-examined by MR. PAYNE. Q. You saw them walking about together, and one reading a book? A. Yes—I saw Major peeping through Board's keyhole.
Cross-examined by MR. DOANE. Q. Have you ever mentioned that circumstance before about the keyhole? A. Yes, more than once—the "Fair" is the lower ward—there were not many people walking about there—I was backwards and forwards, but there were not many about—I saw no body there but the prisoners at that time—it is not an unusual place for people to walk—I have been there a year and half—I knew both the prisoners by sight before.
HENRY BAILEY . I am in the service of the prisoner Fell, and was so on this Sunday—I had the key of the coal-hole that day—about two or three minutes before twelve o'clock I was at the coal-hole door, and saw a man with a light yellow handkerchief in his hand, covering over something like a clock—I do not know the man—I said to him," You cannot go out, Sir,"—he said, "I know that"—he turned up the" Fair "steps, and went up the steps leading to the hall—Fell came down to me two or three minutes after that, he got the key from me, and took an empty coal-sack up with him in his hand, out of the coal-cellar—he returned again with the coal sack—it was empty then—I was standing at the hole—when he went by me he had a tub with something in it, and the coal-sack covered over the tub—I did not see any body with him, but about half an hour afterwards, I saw Major in Fell's room.
Cross-examined by MR. DOANE. Q. What did you mean by his not being able to go out? A. You cannot go out at the gate till one o'clock—Fell was a prisoner there, but not Major.
WALTER WAKEMAN . I am a prisoner in the Fleet—my room is on the opposite side to Board's, but not immediately opposite. About twelve o'clock on the Sunday in question, I saw a person come out of Board's room, with a bundle wrapped up in a handkerchief of a light colour—it was the prisoner Major—I saw his face—I did not know him before—he passed me as I was going into my room—I did not notice where he went to—he passed me to go up the steps—that would lead to Fell's room—I know Fell's boy (Bailey)—I heard him say to Major," Sir, you cannot go out now"—I then went into my own room, and shortly after heard of this robbery.
Cross-examined by MR. PAYNE. Q. What do you call the "Fair"? A. The lower story—it is a darkish place.
Cross-examined by MR. DOANE. Q. Do you swear positively that it was
Major came out of the room with the bundle? A. Yes—I made an ex periment yesterday in the prison, with two different people to see whether I could see a person in the place—that was not for the purpose of seeing whether I could identify them from my room—I went to show them how it was, that my room, being situated in a very dark place, a person coming from the light (and Board's room is next door to the entrance) towards me, directly he passes me, comes into the light again, as he is two doors from the steps—I do not know whether the persons doubted I could see him, but the question was put to me by a friend of the prisoners, and I made the experiment to show that I could see him—the bundle he had with him was of a lightish colour—the direction he took would take him out the prison—I heard Bailey tell him he could not go out.
Q. What have you been? A. A gentleman—I am in no business—I have had a charge made against me, but not for felony—at least I am not aware whether it constitutes a felony—I have been in gaol, but I am not aware whether it was on a charge of felony—it was for giving a person a cheque—I was at Gloucester at the time, and was put into Gloucester gaol—that was last September—I was kept there tell the sessions in October, and then immediately acquitted—I have not been in gaol on any other occasion—I have been in the Fleet since January—I have been twice in prison, now and at Gloucester.
Q. On your oath, yesterday, after you made the experiment, did you not state that you could not distinguish a person? A. I did not—nor words to that effect—not to any one—Dr. Atto went down with me—I never said I could not distinguish a person in that place.
MR. BODKIN. Q. Have you had any quarrel with the prisoners?
A. Never—I never entertained a doubt of Major being the person who passed me with the bundle—it was Rowbottom who spoke to me about whether I could see the party, but Mr. Shepherd, one of the turnkeys, went with me yesterday down to my room, and Mr. Atto as well—(Rowbottom did not go down to my room)—I only went to satisfy them—the experiment did not at all weaken my belief that Major was the person—Mr. Shepherd appeared to be of a different opinion to me—Mr. Atto agreed with me that I could see him—on my oath I did see the man, and knew him again when he was brought out of Fell's room—the light was not on his face, it was behind him, but as soon as he passed me the light came on his face as he turned—I saw him with his face first of all towards Board's door, closing it—the light was then sideways—then he turned round and came straight past me—seeing a stranger at that time of day, I was rather surprised, and it drew my attention—I was opening my door as he turned round again—the light coming from the east threw a very strong light through my door on the prisoner's face—he passed very near to me.
JEREMIAH BOARD re-examined. I have looked at the articles produced, they are mine, and are part of the property that was taken on the Sunday in question—the room is in my exclusive occupation—the warden of the Fleet is William Robert Henry Brown.
Cross-examined by MR. PAYNE. Q. How much are your spectacles worth? A. Perhaps 5s. or 6s. a pair—they cost more than 1l.—I pay 15d. a week for my room—no one else has a right to go to it but myself, unless I choose—I pay rent to Shepherd, one of the turnkeys—he lets it quarterly for the warden.
I know Board's room—he rents it from the warden at 1s. 3d. a week, which is collected quarterly by the turnkey for Mr. Brown—he cannot be turned out except for non-payment of rent—there is a month over the quarter always given to them, and if they pay during that time they are at liberty to stop as long as they like—he is entitled to the exclusive occupation of the room.
Cross-examined by MR. PAYNE. Q. Is the prison in no other parish besides St. Bride's? A. No—the taxes are paid to the tax-collector of St. Bride's—no taxes are paid to St. Sepulchre's parish—no taxes are paid for the part of the prison in which the prisoners reside—Mr. Brown's house is contiguous to the prison, and the dwelling-house only consists of eight rooms—you must go into the prison under the dwelling-house—there is a private door to the dwelling-house out of Farringdon-street—it is her Majesty's prison—no part of it is in the parish of St. Sepulchre—I have been there twelve years—I have never seen any collector except from St. Bride's—the house is right in the centre of the prison wall—part of the prison wall comes against New Inn-yard, Old Bailey.
MR. BODKIN. Q. Is Board's room on the side nearer Ludgate-hill than Mr. Brown's residence? A. Yes. (William Diamond, boot and shoemaker, of Ballantine-place, Blackfriar's road, gave Major a good character.)
MAJOR— GUILTY .
DAVIS— GUILTY .
Transported for Fifteen Years.
Before Mr. Justice Vaughan.
MR. JONES conducted the Prosecution.
ELLEN PRICE . I am the wife of James Price, a tailor, lodging in Caroline court, Saffron-hill. The prisoner and his wife lived in the same house—I remember seeing the prisoner in his room in bed, in August last—his wife got the dinner ready, and afterwards called to him—he told her to get it ready and she did, and when it was ready he told her to bring it into the room and he would eat it in bed—she did so—he was eating his dinner, and there was some words between them—she wanted him to get up to dinner, and he would not—he rose up the knife to strike her—she rose her hand up to save her face, and received the knife in her wrist—he was eating his dinner with the knife in his hand—it was a very small cut, but it bled very severely, just on the wrist—he struck her more than once there, but not with the knife—she afterwards left the room and went into the other room—he got out of bed, followed her, and struck her over the eye, which gave her a black eye, and cut her eyebrow—he struck her with his fist—she was sitting down when he struck her, and she fell off the chair from the blow, into the corner of the room—he put one of his hands on her mouth, took her by the hair of her head with the other hand, raised her head up by the hair, and knocked it down against the floor—he was two or three minutes beating her on the floor, and kneeling on her stomach—she screamed dreadfully before he put his hand on her mouth—he had his hand round her throat—I do not know whether he was pressing or pinching it, but I saw his hands round her throat—she screamed dread fully before that, but that prevented her calling out—she got up and made towards the window to open it, and broke a pane of glass—he then took hold of her round her waist, threw her down in the corner of the room, and
got her to go into the other room—her gown was all over blood, and he got the gown off her—he laid her on the bed, and took it off himself over her head by great force—nothing else took place that night, that I know of—I saw them next morning, they were up in the room—they both got up before me in the morning, and she told me something, but he was not present—I did not see him do anything to her that morning—he was two or three seconds kneeling on her chest—she appeared distressed about it—she complained of being very bad in her right side, that there was something prevented her drawing her breath—she was able to use her right arm; but the morning before she died, she could not lift her child out of bed, and asked me to do it for her—this was on the Tuesday morning, a week after the treatment happening, and she died that night—she appeared in a bad state all the time till she died—I saw her every evening when I came in from work—she did not keep her bed, but appeared ill—I returned to the house on Tuesday evening, the 15th, and saw her dead.
Cross-examined by MR. PRENDERGAST. Q. Did you see the prisoner then? A. Yes—he did not appear to be sorry to me—he seemed to keep it very silent, and let nobody know of it—about two hours after I went into the room, he came into the other room, and said it was a queer thing, and that he was very sorry—he did not have much to say to any of us—he did appear in sorrow, but he seemed very silent—they had lived together comfortably in general, from what I saw—I cannot tell whether he struck her with the knife on purpose, or by accident—I do not know whether it was intentionally done—she was speaking to him and provoked him a little, and he took up the knife with his hand, he intended to strike her in the face, but she received the blow in the wrist—I knew nothing of them, only while they lodged there, which was going on for three months—I saw some blood on her face—I wished to wash her face and bind the wound up, but she was not willing to have it bound up—he wanted her to take her gown off and have another on, but she wanted to go out with that gown on, to have him taken up.
MR. JONES. Q. Did you ever know them quarrel before? A. No—I did not know at that time whether she bled from any other part than the wrist—the blood on the face came from the eyebrow—it bled a little—that was done from a blow of his fist.
HANNAH CONNOR . In August I lived in the same court with these people—I have known them about five months—on Sunday, the 6th of August, I saw them quarrelling, about two or three o'clock—I saw the prisoner hitting her, and give her a blow on the forehead with his fist—he gave her tow or three blows, and she fell on the floor—I saw him kicking her on her legs—that was on Monday, the 14th of August, the day before she died—he was going to work at six o'clock in the morning—it was at their own house—I was at my window, with my baby in my arms—I heard the woman scream, and raised up the window—she said, "Bad luck to you, you have done me now for ever"—he turned back, and said, "Don't give me a bad wish on Monday morning," and he kicked her in her leg—she screamed and hollooed, and called my name—I came down and gave her a light—he pulled her into the passage, and then into the room, and then she screamed out again—he locked the door, and would not let anybody in—I was in my shift and flannel petticoat—he went away—they were both inside the room when he locked the door, and she was screaming out—I stopped in my passage, and saw him go out to work—she then came out and sat down on her step, and began to cry—I went over
to her, and she threw up blood—that was not five minutes after he was gone—she could hardly speak to me when she threw the blood up—she showed roe marks on her body—all her flesh was blue from kicking and pinching—both her legs, and near her ribs, and her shoulders—she appeared to be very bad—while they were in the room together, I heard her say to him, before she said, "Bad luck, &c.," that he had put his five fingers in her throat, and knelt on her chest, and had done her up for ever—she said that to him—the next day, which was the day she died, she sent me out for a half quartern of wine in the afternoon, and told me to put a little drop of hot water to it, which I did, and gave it to her, but she could not swallow it—she then appeared very ill, and threw up blood again when I gave her the drink—she asked me if I would bring the Priest to her—I said I could not, I had two children ill with the measles, and could not go—one of her lodgers came in, and she cried out again," Fetch me the clergyman"—she said she was dying, and she could not swallow—she told me she got the injuries from her husband.
Q. You have been speaking of the 14th of August? A. It was Monday—I remember seeing her on the Sunday, the 6th, and she was bleeding at that time—I saw her from twelve o'clock till two o'clock that day—he beat her like a bullock—she had a cut in her wrist that day, and he gave her a blow on her forehead—he was ill-using her from twelve till two o'clock—I do not know whether he was in bed—a mob was about the house, and he shut the window and the door up, and would not let any body in—I could not see into the room—I saw the blood and saw her bleed—her gown was full of blood.
Cross-examined. Q. Do I understand you to say, on the Sunday week before she died you did not see any thing, because—hefastened the door? A. Yes—I looked through the window, and saw her bleeding like a bullock—there was nobody in the room then, that I saw, but him and her; but I could not see, for he pulled the blind down—I saw her gown torn to pieces—I went before the Coroner—I do not know whether they lived quietly together before this—I used to see them quarrelling and fighting—that was always the plan when I used to see them—when I was before the Coroner every body was talking, and I had a baby in my arms, so that I could not listen to my deposition, which was read over to me—my baby was crying—I was listening to it, but could not hear half of it—I put my cross to the paper—I cannot tell whether that paper was read over to me—I am not a scholar—I do not know my mark again—there are many marks as well as mine—it is out of my power to look at this—I cannot read nor write—I am sure I cannot tell whether this cross is mine—I do not know whether this is it or not—(the deposition being read, the wit ness stated in it, she had known the deceased for twelve months, and she and her husband lived quietly together up to last Sunday week, and that she never saw him strike her, except by kicking her on the knee, and that not to hurt her.)
Q. Have you heard what you swore there, you never saw the man kick her, except just to kick her on the knee, and not to hurt her—is that true or not? A. I said I did not see him striking her on that Monday morning, and that is true.
COURT. Q. You said you saw her on Sunday the 6th, and he struck her in the eye, and her gown was all over blood? A. I did not say he struck her in the eye, but I saw her bleed.
MR. PRENDERGAST. Q. Do you mean to swear, after having said before
the Coroner that you never saw him strike her, except a kick on the knee, and that not to hurt her, that you saw him repeatedly strike her, and ill use her in every possible way? A. Well, I will say that still—I am sure I did not say before the Coroner that they lived together quietly—I said I did not know the people only about three or four months—I heard this read over to me—I did not swear it, that I know of—when I saw them they were always quarrelling and fighting.
COURT. Q. Had you seen them quarrelling and fighting before Sunday the 6th, because you said you had known them twelve months, and they lived quietly together till last Sunday week? A. I did not say twelve months, because they were not in the house so long—I did not say so be fore the Coroner—they have put it down wrong.
MR. JONES. Q. Is what you have said to-day true? A. It is.
CORNELIUS CARTY . I lodged in Caroline-court, in the same house as the prisoner and his wife, for one week. I went there on Tuesday night, one week before she died—I saw nothing in the least unpleasant between them while I lived there—I went out early in the morning to work, and saw nothing—I was at home the day she died—there was nothing the matter with her health, that I know of, when I went there—she was grumbling about something or other—she was not ill, that I noticed of—she had a black eye when I went there, and there was a little cut on the eye brow—I do not know how that came there—I have known the prisoner about twelve months—they might quarrel sometimes—I was at home on Sunday the day before his wife died—I was in bed when he went to work—I got out of bed about nine o'clock—she then said she was very poorly—she was not in bed then—she was about the house—she died on Tuesday night—(I was before the Coroner)—when I came home on Sunday night they were quiet—I sat on a chair, and sent out for a pot of beer—five of us drank it—Mr. Farrell borrowed 1s. of the prisoner, and he told his wife to go out for half a gallon of beer—his wife took the shilling, and walked out with another woman for the beer—Mrs. Hennessey did not come back, and Mrs. Farrell told the prisoner that his wife had taken 6d. out of the 1s.—he said, "Where is she"—she said she went down the hill for some snuff—she came in afterwards, and he asked what she took the 6d. for—she said she took no 6d.—he said, "Yes, you did, and you shall give it back"—he shut the door, and banged her in—she up with the pot, and threw it over me and another man—he caught hold of her, and threw her against the bed—he took something like a small handkerchief from her, he up with his fist and struck her three or four strokes with his fist on her head—that was the Sun day night before she died—I told him twenty times to behave himself—he took away the 6d., and went out of the room—when I saw her on Monday morning she complained of being poorly, and said her chest was sore—I walked out directly I spoke to her—when I came in to breakfast I said, "You had better go to the doctor's, and get bled," and it seems she went—the doctor came in the evening, and she was not in-doors—I advised her to have medical assistance, because she was grumbling and growling—the doctor met her as he went out, and returned with her and bled her.
JOHN BREDALL . I am assistant to Addington and Gibson, surgeons. I saw Mrs. Hennessey on the Monday before she died—that was the first time I recollect seeing her—she complained of great pain in the chest and difficulty in breathing—she appeared to be suffering in that way—she pointed to just below the right breast—I examined her—there appeared an extensive inflammation in the chest—I desired her to go home and go to bed,
and I said would mention it to one of the principals, and either Mr. Gibson or myself would attend to her—I mentioned it to Mr. Gibson, and then went to her, and bled her to about fourteen ounces, and administered the usual remedies to abate the inflammation—she appeared to be very ill—I saw her next morning—she said she was in less pain than the day before—the bleeding would account for that—she appeared still very ill, and died in the evening—I was present at the opening of the body—I saw the chest examined—it bore every appearance of a high state of inflammation—the whole contents of the chest were more or less inflamed, and the right side more particularly—both right and left were inflamed—on removing the integuments there was the mark of an old contusion, and some effused blood in the cellular membrane of the throat, extravasated blood—that might be caused by external blows or injury of some sort—kneeling on the chest would be likely to create inflammation there—that would be highly probable—I do not think that inflammation was connected with pressure on the throat—I think the inflammation of the chest caused her death—there was also a broken rib—it appeared to me to have been broken before, a new structure had grown up, and been again broken before the union was perfect.
Cross-examined. Q. Did the fractured rib produce the inflammation in the chest? A. I cannot exactly say.
COURT. Q. The rib though fractured presented no rough substance that could have penetrated the lungs? A. No—there was no displacement of parts—the internal bleeding could not proceed from the broken rib.
MR. PRENDERGAST. Q. Was there not an internal adherence of the lungs to the pleura? A. Yes. I have heard she had been very much affected with influenza—very serious disease of the lungs has followed influenza—the adhesion was on the left side, not the side the broken rib was.
COURT. Q. Do you suppose the adhesion of the pleura to have been of long standing? A. Yes, that might render her more susceptible of injury.
JOHN ROWLAND GIBSON . I am a surgeon, and live in Holborn. I at tended Mrs. Hennessey for influenza about three weeks before her death, from which she had perfectly recovered before her death—I saw her on the 15th, and found her suffering from inflammation of the chest and throat—I observed a blackness about the right eye—it had been cut—there was the remains of a wound just above it—it appeared to have been inflicted about a week previous—I gave her advice and some medicine—on the Thursday after her death I examined the body—on examining superficially the parts of the body I found no marks of violence about the head, but on dissecting the scalp from the brain, there was extravasated blood between the scalp and the brain—I should ascribe that to some external violence received, and from the appearance of some spots, they were of different dates—on dissecting the integuments from the chest there was some extravasated blood on the right side of the throat, and likewise some on the chest—on examining the chest I found that the fifth rib was fractured about two inches distant from its union with the cartilage—on opening the chest, the lining of the membrane on the right side was in a state of inflammation—the lungs were likewise inflamed, and of a darker colour than they should be—the air tubes leading from the lungs were in a state of inflammation, which appeared to spread along the whole of the their ramifications till it terminated at the corner of the mouth—those appearances were quite sufficient to account for the death of the woman—there were no marks of violence on the body, except those I have mentioned on the eye and eyebrow—on dissecting the integuments there were marks of violence on the right side,
a little behind the seat of fracture, behind the fractured rib—I think kneeling on the chest would most likely break the rib in the way in which we found it broken, but I think there must be some blow to account for the extravasated blood—I attribute her death to inflammation within the chest and throat—I have heard the witnesses examined—I think the account they have given quite sufficient to account for the mischief I found, but I hardly think the fractured rib sufficient to produce the whole of the inflammation I found in the chest—I think blows might produce the inflammation—I have heard that several blows were given in the side, but that would not sufficiently account for the appearances I saw—it is a thing we do not meet with, to find such extensive inflammation arising from a single fracture of one rib.
Q. Supposing a person thrown down on the ground, struck with a fist in the side, and violence of that kind? A. If that had been the case, I should have found marks externally of such violence—I do not think they would wholly disappear after eight or nine days—I ascribe her death to inflammation within the chest and throat—I think the fractured rib caused inflammation on the right side, because the inflammation round the seat of fracture was more intense than in other parts—I attribute the inflammation of the lungs to other causes, such as cold—she had perfectly recovered from influenza—I am not acquainted with any other natural cause to account for the inflammation—she appeared tolerably well in other respects, when I attended her for the influenza—the throwing up of blood would proceed from a ruptured vessel—it is not a common thing to proceed from external violence, and I do not think it is what we should look for—I hardly think that being knocked down and knelt, on or thrown violently down on the floor, would of itself be sufficient to rupture a vessel.
Cross-examined. Q. Would not the adhesion of the lungs to the pleura convince you that she was a person with great tendency to some disease of that kind? A. It pointed out to me that there was a great disposition to inflammation—the existence of this adhesion, I think proved that she had had inflammation before, and therefore she might have a disposition to it again—I do not know that affections of the pleura have been very common lately—they are not uncommon certainly.
COURT. Q. We should be much obliged to you if you could tell us to what cause you ascribe the death of this woman, from natural causes, or inflammation arising from external violence? A. My belief is, that the fractured rib occurred some days before the inflammation in the chest—violence some days after might produce inflammation in the chest, and that inflammation might have been extended by other causes, but it was first occasioned by the fractured rib—I cannot give it as my opinion that external violence alone would produce such inflammation as I found, or that her death is wholly ascribable to external violence—I do not think we have any reason to suppose that inflammation would have occurred within the chest, had we not had the fractured rib in the first instance to cause it, and then, perhaps, by other causes, inflammation was extended, which terminated fatally.
GUILTY . Aged 29.— Transported for Life.
Fifth Jury, before Mr. Recorder.
MR. DOANE conducted the Prosecution.
The prisoner has been in their service as clerk about three years—during the last six months he was authorised to receive money for the firm—when goods come to his department they are consigned to the order of the consignee; and when that is produced, it is his duty to enter the order into an order-book—he was to account for the money to Mr. Adams, the warehouse clerk, on the same evening be received it; or, in his absence, to Mr. Dewhurst, the cashier, or his assistants—I have seen the order-book, and have it here, and the office-book—there is no entry of 1l. 11s. 8d. received on the 22nd of July, from Henderson; nor, on the 7th of August, of 4l. 10s. 10d. from Dodwell; nor of 9s. 5d. on the 18th, from Thomas Debbin—if the prisoner received those sums, they are not entered in the proper book of account which he has to make out.
JOSIAH FINCH . I am in the employ of Mr. Henderson, of Tooting. On the 22nd of July I went to Messrs. Pickfords for two crates of goods—I saw a clerk there, and got them, and paid him 1l. 11s. 8d.—I paid it to the man who signed my receipt for it—I cannot say whether it was the prisoner.
WILLIAM HOUGHTON ADAMS . I am the warehouse clerk, and have the charge of the order office. I know the prisoner's hand-writing, and have frequently seen him write—these receipts are his hand-writing—he never accounted to me for any of these sums of money—I have examined the books.
GUILTY . Aged 30.— Confined Twelve Months.
GEORGE BROWN . I am in the service of George Ten, a paper-hanger, in Lowther-arcade. On the 5th of September I gave the prisoner a quantity of goods, with a bill of parcels, to deliver to Mr. Huggins, of George street, Portman-square—I told him he was to receive the money, and
deliver it to the party—I did not see him again till the 6th, when he was in custody—he never paid the money to me—I have seen a receipt in his hand-writing—(looking at one)—this is his hand-writing—he has received money before—he had 7s. a week—he was at work from six o'clock in the morning till nine at night—he had no meals—it was his own fault—that he
was engaged for those wages—we wanted a boy, but he said he should be glad to take it till he could get something better, when he was to leave.
THOMAS HUGGINS . I live in George-street, Portman-square—I have retired from my profession of a cook. On the 5th of September the prisoner delivered me some goods—I paid him 4l. 4s. 6d., and took his receipt.
(The prisoner put in a written Defence, stating, that after receiving the money he met two young men, with whom he went to an ale-house, and got intoxicated—that he fell asleep, and when he awoke, found himself robbed of the money, and was afraid to return.)
GUILTY . Aged 19.—Recommended to mercy.— Confined Three Months.
2166. ELIZA ANDREWS was indicted for stealing, on the 15th of September, 1 gown, value 2s.; 1 frock, value 2s.; 5 caps, value 4s.; 3 cap borders, value 3s.; 1 habit-shirt, value 1s.; 1 handkerchief, value 6d.; 1 pair of sleeve-stiffeners, value 6d.; 1 pinafore, value 8d.; 1 shirt, value 5s.; 2 petticoats, value 3s. 6d.; 1 apron, value 2s.; 2 sheets, value 7s.; and 2 shifts, value 3s.; the goods of Ephraim Fenney, her master.
EPHRAIM FENNEY . I am a hackney-coachman, and live in York-terrace, York-street, Westminster. My wife and I were both ill, and employed the prisoner as a servant—she asked for some money to buy a bundle of wood, which I gave her, and she never returned—I misted these articles, and found her in Mary-place, Brook-street, Hampstead, in liquor—I found on her a gown, a child's frock, and other things—(looking at the property)—these are the things I lost.
Cross-examined by MR. DOANE. Q. Where were you married to the prosecutor? A. It was down at Ratcliff-highway—I forget the name of the church—I was married once before—nine years before—my husband and I had some words on the Tuesday—I never thought of leaving him—I never had rooms in Castle-street, Leicester-square—my husband and I have often talked of taking a house there—I did not tell the prisoner I wanted money to move, and to get as much as she could on these articles—my husband and I had made up the quarrel——I did not tell the prisoner I would live with my husband no longer, but go to Castle-street—I never said any thing of the kind—I never sent her to pledge these things—on the Wednesday she took a pair of pictures to pawn, but those my husband sent her with—I never told her to raise 10s. on these articles—we have lodgers.
WILLIAM AUSTIN . I am assistant to Mr. Ashman, a pawnbroker. I produce some articles which were pawned by the prisoner—the duplicates produced are what I gave her—I am not certain she is the woman who pawned them—it was a woman—they were pawned in the name of Andrews, on the 16th of September.
(Property produced and sworn to.)
EPHRAIM FENNEY re-examined. I was married at Woodford, in Essex—I have been married twice—my first wife has been dead four years—I was married to her at Woodford—I was married to my present wife, in Shadwell,
about two years ago—I believe it was in Shadwell church—part of Shadwell is in Ratcliff-highway—a sister of mine, who is dead, went to put up the banns—I came here about the property—whether I am married or single, I am not to be robbed.
COURT. Q. On your solemn oath, are you married to that woman? A. I am married to Eliza, my wife—the woman who has appeared here as a witness.
GUILTY . Aged 31.— Confined One Month.
ANN JOHNSON . I am a widow, and live in Tyler-street, St. James—I keep a shop there. I missed two rolls of flannel on Monday, the 18th of September, between one and two o'clock—there was an alarm given—I ran out to Broad-street, Carnaby-market, and saw the prisoner in custody, and my niece had got the flannel.
PRISCILLA ANN MOYAN . I live with my aunt. Between one and two o'clock I was in the parlour adjoining the shop—I heard a footstep, and saw the prisoner going out of the shop, with some flannel under his arm—I ran after him, calling, "Stop thief," along Carnaby-street, into West-street—I saw him then running without the flannel—a girl stopped me, and said he had thrown it into the shop, where I found it.
PRISCILLA VAUGHAN . I heard a cry of "Stop thief—I was in the shop in West-street, behind the counter—the prisoner threw the flannel into our shop—I went to the door—I am certain it was him—he had it under his right arm before he threw it in—I did not see him again till he was at Marlborough-street.
(Property produced and sworn to.)
GUILTY .* Aged 20.— Transported for Seven Years.
(The prisoner was convicted last Sessions, and only liberated on the day of committing the above robbery.)
GEORGE ANTHONY . I have been a special constable for the City of London, and live in Crescent-street, Euston-square. On the 9th of September, about ten o'clock, I was in Tottenham-court-road—I saw the prisoner with another man who I knew something about—the prisoner crossed the road towards me, and had a great-coat on his arm, and a shawl in his hand—I followed them to the New Inn-yard, where they turned down to gether—the prisoner there put the great-coat on, and tied the shawl in a handkerchief—I crossed the road, and saw a constable—I told him my suspicions, and we went together—they came out of the road together—the prisoner's companion looked round and saw us—he pushed the prisoner, and they both ran off—the prisoner threw down the shawl, which I took up; and afterwards he threw down the coat, which I took up—a gentle man stopped him—a policeman came up, and he took him to the station house—he denied having seen the coat or shawl—I am certain he is the man who had them, and threw them away.
Prisoner. I never had the things in my possession at all.
WILLIAM WILKINSON . I live in Market-street, Fitzroy-square. I know this shawl and coat—I had the coat on the week before it was taken—I kept it in my drawer, and saw it there this very night fortnight, when I went out, at four o'clock—I returned at half-past eleven o'clock at night, went to bed, and next morning found them gone.
Prisoner. You said at the Office you had not seen it that day? Witness. The handle of my door drops off, and I found it on the stairs that night.
GUILTY .* Aged 19.— Confined Six Months.
STEPHEN STUART CURTIS . I live in Coleman-street. On the 21st of September, I was in the Strand at one o'clock in the day time—I felt some thing at my coat pocket, and put my hand behind, and my handkerchief was gone—I tamed sharp round, and saw the prisoner with my handkerchief in his hand—I secured him, and he threw it down.
Prisoner. He took it off the ground—I never had it. Witness. He threw it behind him when I seized hold of his arm—I saw it quite plainly in his hand.
(Property produced and sworn to.)
GUILTY . Aged 18.— Confined Three Months.
GOULDING COLLINS . I live in Gloucester-street, Queen-square. I lost a blanket and two sheets—the prisoner came to lodge with me last Tuesday week, the 12th of September—I did not miss any thing, as he took the key of the room, till about three o'clock on the Saturday, while he was out, and when he came home I gave him in charge—he immediately gave up the duplicates of the property, and said he intended to restore them.
GEORGE WILLIAM WILSON . I am in the service of Mr. Barber, a pawn broker in High-Holborn. I produce a blanket, which the prisoner pawned in the name of John Simpson—I know him to be the man—I gave him the duplicate produced.
Prisoner's Defence. I meant to restore them on the Saturday evening, but not getting my money, I was not able to do it—I told him I would pay him on the Monday.
GUILTY . Aged 22.— Confined Three Months.
AUGUSTINE THOMAS FISH . I am shopman to Charles Daniel Loveday, a pawnbroker, in St. Alban's-place, Edgeware-road. Between eight and nine o'clock on the night of the 13th of September, I saw the prisoner with another person in the shop—the prisoner pawned a seal with me, and asked 3s. on it—I lent him half-a-crown—the other man stood behind him, and was in his company—I finished writing the duplicate, and as they went out I heard a snatch at the door—I ran out, and saw a cloak on the pavement—it had been pulled down—the prisoner was standing outside the shop quietly—he had left me before it was snatched down—he had not time to get further, as I ran round immediately—the foreman told him he had a great mind to give him into custody—he said it was not him, and walked away—he was afterwards brought back by the constable.
GEORGE JOHN RESTIEAUX . I am a policeman. I apprehended the prisoner—I saw the foreman of the shop and the prisoner standing there—he said he had a great mind to give him into custody for stealing the cloak—the prisoner walked very fast across the road up Earl-street, and I thought I saw something bulging out at his back—I told the foreman to see if he missed any thing else—I ran after the prisoner, and under his jacket found the sheet tucked up, he was holding the jacket over it to cover it—I took him back to the house—3s. 9 1/2 d., an eye-glass, two snuff-boxes, and a purse were found on him.
Prisoner's Defence. I had come from Paddington—I went into the Hollybush public-house, near Mr. Loveday's, and was drinking there with two or three more coachmen—two men and a woman stood talking, and one man had a sheet and a wrapper, as he termed it, in hit hand—he said, "Will you buy this, old man?"—I said, "What is it?"—he said, "A sheet and wrapper"—I said, "What do you want for it?"—he said, "3s."—I gave him 3s. for it, and said, "I have not sufficient money, I will go home and see what I have got"—I went over to the shop, and had the sheet in my jacket pocket—I pledged the seal there—I went back, and was standing by the Olive Branch, the constable came and said, "You have got other property?"—I said, "I have not, I bought it"—they took me into the shop, and gave me in charge—while I was standing outside the shop the cloak was pulled down on the pavement—the young man was outside before me—I had the sheet in my possession when I went into the shop—I had had it a quarter of an hour.
GUILTY . Aged 20.— Confined Three Months.
NEW COURT.—Saturday, September 23rd, 1837.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 20.— Confined One Month.
2173. HENRY CHEMINANT was indicted for stealing, on the 16th of September, 1 chest, value 5s.; 4 pairs of trowsers, value 1l. 5s.;2 pairs of stockings, value 3s.; 1 pair of mittens, value 6d.; 1 hat, value 4s.; 1 pair of boots, value 10s.; 2 bags, value 1s. 6d.; 1 purse, value 2s.; 1 jacket, value 5s.; 1 waistcoat, value 5s.; and 2 handkerchiefs, value 7s.; the goods of William Marshall ; to which he pleaded
GUILTY . Aged 23.— Confined Three Months; Three Weeks Solitary.
2174. JOHN SMITH was indicted for stealing, on the 16th of September, 2 coats, value 10s.; 1 pair of breeches, value 2s.; 1 shirt, value 2s.; and 1 pair of stockings, value 6d.; the goods of John Liley; to which he pleaded
GUILTY .* Aged 55.— Transported for Seven Years.
MESSRS. BODKIN and DOANE conducted the Prosecution.
DAVID TURNER . I was in Chelsea, near the Royal Oak, on the 23rd of August, and saw the prisoner—he came and asked me to go with him after a place—I went, and when we got to Collins-street, he asked me to go and get a quarter of a pound of cheese—he gave me a half-crown—I went into the cheese shop, and the lady asked me who gave me the half crown—she went out, and saw this boy, and he ran off—the officer took me, and kept me three hours—the Magistrate discharged me—the lady gave the half-crown to the policeman—I have seen the prisoner before—he used to live at King's, the baker's—I knew his name to be Swaine—I did not know it was a bad half-crown.
MARY ANN POLLINGTON . I am the wife of Charles Pollington, a groces, and live at Coburg House, Fulham-road. On the 23rd of August, David Turner came in for a quarter of a pound of cheese—he gave me a half crown—I saw it was bad, and called the policeman—I gave it to my husband, and he gave it to the policeman.
STEPHEN PAGE (police-constable F 48.) I remember Mrs. Pollington calling me in on the 23rd of August—she gave me the half-crown, and I took David Turner into custody—Turner told me something about the prisoner—he pointed him out at the corner of Ogle-street, and he ran away—I had the police-dress on.
ELLEN CONNOR . I live with Mr. Coles, who keeps a dairy. On the 3rd of September, the prisoner came to me for two eggs, and gave me a half-crown—the eggs were 1d. each—I had not change enough, and asked my mistress—she had none—I went out to get change—on the way I saw it was a bad one—I came back to the prisoner, and said, "This is a bad half-crown"—he said, "Is it?"—I said "Yes, you ought to be ashamed"—he said, "Give it me"—my young mistress. Miss Smith, said, "Give it to me"—I gave it into her hands, and the prisoner ran away.
—SMITH. I received a half-crown from Ellen Connor, and gave the same to the policeman.
Prisoner's Defence. I never had them in my hand.
GUILTY . Aged 17.— Confined One Year; Three Months Solitary.
MESSRS. BODKIN and DOANE conducted the Prosecution.
WILLIAM HOLLIS . I keep the King's Head, public-house, North Head, Norwood. On the evening of the 15th of December the prisoner came to my place and called for three glasses of rum, and gave me a shilling—in half an hour he called for either a single glass of rum or a pot of beer—he gave me another shilling—I took the two shillings to two gentlemen in the house—I kept them apart—they were two lion shillings—there was a person with the prisoner, and when the prisoner was gone he gave me a shilling—I have got the two shillings.
Prisoner. The first time I went in I gave him a good shilling for three glasses of rum, and the second time I called for a pot of beer—that must have been seven o'clock—I gave him a shilling—these two are not what I gave him—what hour of the day was it? Witness. About two o'clock the first time—I cannot exactly say what you called for—you came again about eight o'clock.
THOMAS BEGLEY . I keep the Three Tuns, at Southall-green. On the 15th of September, between five and six o'clock, the prisoner and two others came, one of the others called for a pot of beer and paid for it—after that they had another pot of beer—he paid a shilling for that—the prisoner called for a pot of beer and a pennyworth of tobacco, and gave me a shilling, which I gave to the constable.
Prisoner. I gave him a good shilling for a pot of beer, and I asked him for a screw of tobacco.
JONATHAN HUMPHRIES . I am pot-boy to Mr. Cook, of Hayes. On the 15th of September I saw the prisoner with two others at my master's, just after dinner—the prisoner called for a pot of beer and gave me a shilling—I took it to my master—he refused it, and I gave it back to the prisoner.
WILLIAM WARBY . I am a constable of Southall. I looked after a person who I had a description of—I found the prisoner and two other men in bed, in a house at Bull's-bridge—I asked for a woman, but I saw the prisoner, and told him what I wanted him for—he got out of bed, and said be would go with me—I have got the three shillings here which I got from Mr. Begley and Mr. Hollis.
GUILTY . Aged 28.— Confined One Year; Three Months Solitary.
JOHN GRANT . I am in the employ of Robert Lloyd, of No. 27, High street, Shoreditch. Between seven and eight o'clock on the evening of the 9th of September I heard a noise of something taken from the line, in side the lobby of the door—I ran out and saw the prisoner running down the street with these two pieces of print—I took him with them—they are my master's, and had been hanging in the lobby.
GUILTY . Aged 20.— Confined One Year; Three Months Solitary.
MARY ANN MOORE . I live at No. 25, Tottenham-court-road, and am a widow, I deal in miscellaneous property and spectacles. On the 15th of September I saw the prisoner take up something, which turned out to be spectacles, and put into his pocket—I took hold of him and held him till some gentleman came and shook his trowsers, and these fell from him—they are mine.
Prisoner. They did not fall from my trowsers—they laid on the stones.
MRS. MOORE. I saw them drop from his trowsers.
(The prisoner received a good character.)
GUILTY . Aged 13.—Recommended to mercy by the Jury.
Confined One Month; One Week Solitary.
2179. MARY LALEY was indicted for stealing, on the 27th of August, 2 gowns, value 1l.; 2 necklaces, value 3l. 5s.; 1 pair of spectacles, value 2l. 11s.; 3 ear-rings, value 8s.; 4 flannel waistcoats, value 4s.; 1 fruit knife, value 12s.; 1 brooch, value 6s.; 2 scent bottles, value 2s.; 1 scent box, value 4s.; 1 shawl, value 15s.; 1 pair of stays, value 6s.; 3 petti coats, value 6s.; 1 purse, value 1s. 6d.; and 1 night-gown, value 4s.; the goods of Sarah Johnston: 1 pair of trowsers, value 7s.; and 2 night shirts, value 9s.; the goods of James Johnston; and CATHERINE LALEY , for feloniously receiving 1 brooch and 1 scent bottle; part of the said goods; well knowing them to have been stolen; against the Statute, &c.—3rd COUNT, for feloniously receiving the same of an evil-disposed person; well knowing them to have been stolen.
SARAH JOHNSTON . I am single, and live with my father, James Johnston, at Mrs. Tyrrell's. I left London on Tuesday, the 1st of August—all tills property was then safely locked in my drawers—Mary Laley was a servant in the house—I returned that day month—the drawers were then locked up, but the things were gone—this is part of the property that was in the drawers—(looking at it.)
Cross-examined by MR. CLARKSON. Q. What is the age of Mary Laley? A. I believe she is about sixteen—her mother brought back a merino cloak, that she found her daughter wearing, before 1 returned from the country.
AMEY TYRRELL . I am a widow, and Mary Laley was my servant—she ran away the morning that Mr. Johnston came home—her mother came for her box the same day—I saw the box emptied out—nothing was in it but her own property.
Cross-examined. Q. Had the mother brought you back a merino cloak that she said her daughter had got, and she was sure did not belong to her? A. She took it away the morning she went away, and the mother brought it back—I had had no quarrel with the girl—on Monday, I asked her what made her get tipsy on Sunday, and on Tuesday she left me.
ISAAC KEENE (police-sergeant F 2.) From information I received on the 31st of August, I went to the house of Catherine Laley, and found Mary at home, with her mother—I took her into custody, and took her to the station-house, and while there, I saw her endeavouring to put part of the things into the pocket of her mother—I went up and took this knife from Mary Laley's hand—I asked her where the rest of the property was.
JOHN TAYLOR (police-constable L 145.) I live at No. 34, New-street, Vauxhall. I was present at the station-house, at Lambeth, when the prisoners were brought in—this purse and eye-glass I found in the prisoner Mary Laley's hand, as she was endeavouring to put them to her mother.
MARY LALEY— GUILTY . Aged 16.—Recommended to mercy by the Jury.— Confined One Month; One Week Solitary.
CATHERINE LALEY— NOT GUILTY .
MR. BODKIN conducted the Prosecution.
THOMAS FREDERICK GROSJEAN . I am a harp-maker, and live in Soho square. On the 4th of November last, the prisoner came to my shop and selected a harp from among my stock, value 147l.—it was one of my most expensive instruments—he had it on hire at a guinea and a half a month—I have got a memorandum of it in this book—(reads)—"Nov. 4, 1836, No. 10016. Mr. Joseph Lawrence, Jun., of New-square, Cambridge, agrees to hire the above harp of Mr. Grosjean, for two months certain, at a guinea and a half a month.—JOSEPH LAWRENCE, JUN. "—he represented himself to be a solicitor, in New-square, Cambridge—he gave me a reference to Mr. Judkins, in Hatton-garden, whom he represented as his agent in London for his profession—I did not go there—I sent my clerk—I consented to the harp being lent on those terms—the prisoner ordered it to be sent to the Golden-cross, but they would not take it in—the prisoner called at my house the morning after, the 5th, and it was sent to another office, which he mentioned, directed to "Joseph Lawrence, Esq., New-square, Cambridge"—I saw him again in about a fortnight or three weeks—he told me the harp had arrived safely at Cambridge—a few days before the expiration of the hire, he came again, and then proposed to enlarge the time of hiring—I had written to some person at Cambridge, and had an answer—in consequence of that I declined his proposition, and told him to let it be returned—I saw him again in March or April—my clerk stopped him in a gig and horse, and brought him to Soho-square—I began remonstrating about his using me so ill, and told him he must take the consequence—I had offered a reward in the "Hue and Cry," for his apprehension—in January last I heard of my harp being advertised to be sold at Oxenham's—I went there and saw the harp—in consequence of what I heard, I sent my clerk to Mr. Barnes.
Prisoner. Q. Is your clerk in Court? A. No, he is in Norwich—I recollect the 22nd of last March, there was no arrangement made at all then—I did not agree to take 15l. that Mr. Barnes had paid.
JOHN COOMBS. I am in the employ of Mr. William Blackman, a pawn broker, at No. 62, Middleton-street, Spafields. The prisoner pawned a harp with me in the name of" John Long, 4, Winchester-street," on Saturday evening, the 5th of November, for the sum of 10l.—after that he came to me with Mr. Barnes, for the purpose of redeeming it—he paid the money, and took the harp—it was on a Saturday evening in December, I think.
Prisoner. Q. Do you swear that I am the person that pawned the harp? A. I do; you came to the private door.
came to my shop, Nos. 16 and 17, City Terrace, City-road—heproposed to sell a harp which was in pawn—when I got to Winchester-street, where I supposed it was, he said I must go with him—I went to the pawn broker's and saw the harp, and three or four days after I agreed to buy it for 15l.—I sent it to Oxenham's to be sold—I gave it up to Mr. Grosjean, with an understanding that he should prosecute this man whenever he found him.
Prisoner. After a call that was made by me on Mr. Grosjean, did not you hear him say I had been at his house on the 22nd of March, and made an arrangement with him to hand over the harp? A. Never; I heard Mr. Grosjean say that he had been in your company, and drank a bottle of wine with you; and I thought it wrong in him to drink with a thief after he had taken the harp from me—I heard Mr. Grosjean say that you had called and offered him a chaise for the harp, and he would not accept of it—he said, he told you to go and get him the money or the harp, which he would have.
JOHN NESBITT . I am an officer. I found the prisoner in custody—I found where he had been living—I traced him to the Queen's Arms, and got him at last at the Wool Pack—I there found some bills, and a letter offering a reward for his apprehension—I took them from a box in a room which was pointed out as being his.
GUILTY . Aged 28.
ROBERT SMITH . 1 live at No. 8, Little James-street, Gray's Inn-lane. About the 26th of July, the prisoner came to hire a stanhope and harness for two days for 10s.—he came again in the afternoon with a mare, and took it away—I received this letter on the Saturday, as the time had expired for the hire—he did not tell me where it was to go to.—(reads). "Sir—I shall keep the chaise and harness at the price agreed on; but as I shall not return to town till Monday evening, I enclose this note that you may not be disappointed. I shall call on Tuesday and pay you."—This lulled my suspicions for a time—he did not come on Tuesday—I did not see him again till I saw him at the police-office about a fortnight ago—I have seen the chaise and harness since—the officer traced the chaise to Mr. Ball's livery stables, and the harness was found at the pawnbroker's.
Prisoner. Q. Did I not agree to give you 22l. for the chaise, and you were to paint it? A. No; you asked me what might be the price—you said you were going to Hoddesdon; and, provided you could gammon the old man, it would be all right—those were your words.
WILLIAM CHAPMAN . I am ostler to James Balls, a livery-stable keeper at Holloway. I remember the prisoner coming to me for a mare to fetch a chaise—I let him have a mare, and the next day he came with the chaise now produced—it was on the 26th of July——hebrought a boy and took the harness away—a few days after he came again, and paid for the hire of the mare for the two days.
Prisoner. I purchased the chaise and harness of Mr. Smith for 22l.
GUILTY .— Transported for Seven Years.
THOMAS LLOYD . I am a coach-maker at No. 12, Worship-street. The prisoner came to me, and stated he wanted a chaise for two months, and gave a reference to Lloyd's-row—I let him have a chaise on the 18th of May—I have seen it since the prisoner has been in custody, at the stable.
JAMES DEACON . I keep the Horse and Groom, St. John-street, Clerken well. On the 18th of May the prisoner put up his horse and chaise at my house—I lent him 7l. 5s.—he and six other gentlemen were at my place at dinner—he came out and borrowed 7l. 5s. on this chaise, which stood in the yard—he came a few days after, and I purchased it; and here is the receipt for 15l.
GUILTY .— Transported for Seven Years longer.
2183. MARY POWELL, alias Mary Cowdry , was indicted for stealing, on the 12th of September, 17lbs. weight of cheese, value 13s. the goods of Samuel Johnston, and that she had been before convicted of felony.
SAMUEL JOHNSTON . I live at No. 29, Upper Ebury-street, Pimlico, and am a cheesemonger. I was spoken to by Edward Price, and missed some cheese—I ran out, and saw the prisoner not far off with this cheese in her possession—it is mine—it is 17Ibs., and worth 13s.
EDWARD PRICE . I live in Ebury-street. Between eight and nine o'clock, on the evening of the 12th of September, I saw the prisoner take this cheese from the prosecutor's shop—she was taken with it—she said she did it through distress.
Prisoner. It was distress and want that drove me to it.
GUILTY . Aged 49.—Recommended to mercy by the Jury.
Confined Three Months.
THOMAS MILLER . I am in the employ of Mr. John Brown, of the Minories. On the 16th of September, I had about fourteen yards of diaper—I lost it—in consequence of information, I went out and found the prisoner, and the diaper upon her—I had seen it safe about half an hour before, outside—it is my master's.
Prisoner. I was going up the Minories, and saw this on the step of the door—I took it up, the man came and tapped me on the shoulder, and I told him what I had got. Witness. It was on a chair at the door—there were other things besides.
GUILTY . Aged 18.— Confined Three Months; Three Weeks Solitary.
SARAH FOX . I am single, and live at No. 21, Castle-street, Long-acre. On the 17th of June, the prisoner hired a furnished room of me, and staid till the 8th of September—there was a blanket, seven pillows, two flat
irons, and other things—when she went out one day, I went into her room and found these things missing, and the feathers taken out of the bed—she was living with a man whom she represented as her husband—these things are mine—(looking at them.)
Prisoner's Defence. I was in very great distress—the man could ears 30s. a week, and sometimes did not bring me 6s.—I thought of getting them out again.
GUILTY . Aged 31.—Recommended to mercy by the Prosecutor and Jury.
Confined Nine Months.
2187. WILLIAM JACKSON was indicted for stealing, on the 31st of August, 1 pair of trowsers, value 2s.; 1 petticoat, value 1s.; 1 hand kerchief, value 1s.; 5 cups, value 1s.; 6 saucers, value 1s. 6d.; 10 plates, value 1s. 6d.; 1 sugar-basin, value 1s. 6d.; 1 kettle, value 6s.; and 1 tea-pot, value 1s. 6d.; the goods of Peter Clark: and 1 cloak, value 1s. 6d., the good of Martha Lee.
PETER CLARK . I live at No. 8, Elder-street, White Lion-street, and am a French polisher. On the 31st of August, I had a kettle, and all these things safe in my kitchen—I missed them—Martha Lee went out and saw a woman in a cloak—in consequence of what she said the prisoner was taken—I found him at the station-house—all these things were taken from the kitchen.
EDWARD CALLAGHAN (police-constable K 100.) I met Martha Lee—she said, "Take this woman, she has got my cloak on"—my mistress has lost a great many things from No. 8, Elder-street—I went with the woman to where she lived, and the prisoner lodged there—I found this property in the bed that they said Jackson slept on, between the sacking and the mattress.
CHARLOTTE LOCKETT . I am the wife of Thomas Lockett—I live opposite Mr. Clark's. On the 31st of August I saw the prisoner come out of Mr. Clark's door with a bag on his back, and soon after 1 heard of the robbery.
Prisoner. She said I wore a blue jacket and straw hat, which I never wear till I have done my work, and on Sundays.
WILLIAM CLAY (police-constable K 278.) I heard of the robbery, and made enquiry and found where the prisoner lived—I went there—he was not there—I left the house and went again—the prisoner and several other people came into the house—I recognised him from the description—he had this bag rolled up under his arm—I said, "Is your name Jackson?"—he said, "Yes"—I said, "Is this your bag?"—he said "Yes"—I said, "I want you for a robbery at Mr. Clark's"—he said, "I know nothing about it"—I saw the bed in the upper room, right under the window, where they said the prisoner slept—it was the second bed on entering the room on the left side—the next morning I went again, and found this straw hat and this blue jacket—the Magistrate made the prisoner put them on, and Lockett knew him by that—Callaghan found these things in the bed-room, but I believe not on that bed—this straw hat was under the bed, between the sacking.
Prisoner. The property was not found under the bed I sleep in, though
it was in the same room; there are several other persons live in that room.
MARTHA LEE . I saw Amelia Farrer in Whitechapel-road, with my cloak on, when I went out with the child the morning after the robbery. I kept her in view till I saw the policeman Callaghan, and he took her—she took the officer to Glass-house-yard, where the property was found.
GUILTY .* Aged 24.— Transported for Seven Years.
ELIZABETH CHARLOTTE GRAFTON . I am servant at No. 9, Canonbury lane, Islington. I was married to the prisoner at St. John's, Hoxton, on the 4th of last June—he represented himself as a single man—we lived as fellow-servants for eight months together, up to the time he was taken by the officer—he entered the service as a groom, though he represented himself a harness polish-maker to his Majesty—he continued in his place, and used to come to me at my father's residence, at Ball's Pond—I had no money—he said he had some.
WILLIAM BAILEY . I am ostler at the Cobham Arms, Buckingham. I know the prisoner—I was present at his marriage to Susannah Green, at Buckingham Church, on the 14th of March, 1831—Susannah Green was about twenty-five or twenty-six years old—she is alive now, and in Court—they did not remain in Buckingham.
Prisoner's Defence. In the early part of March, 1831, I went to Buckingham, and met with Susannah Green; and as they thought I was a man of property, they wished to inveigle me into a marriage, which was done in a few days, and took place on the 14th of March—I found the next day she was with child, and had been taking something to destroy it; and, on questioning her, I found she had two other children, which so disgusted me that I left her on the third day; she so annoyed me that I took to live with her again, but her conduct, and drink, and filth, made me determine on leaving her—I allowed her 6s. a week—on the 19th of July I gave her 1l., and the next morning she gave information, and took me into custody—I am very willing to allow what is necessary for the support of my two children, and wish to spend my days with the last wife, who is a very worthy woman; and I hope the Court will have mercy on me—I lived six years with Dr. Ingham, of Trinity College.
GUILTY . Aged 35.— Transported for Seven Years.
HANNAH IBBOTT . I am the wife of Joseph Ibbott—I am a dress-maker, and live at No. 13, Turner's-place City-road. On Thursday, the 7th of September, the prisoner called on me, and said a lady, named Galway, of
No. 33, Somers Town, wanted me to call on her, as she wanted a dress made—she asked me to let her wash her hands, and when she left I missed a shawl—I had seen it about half an hour before—this is mine.
THOMAS SIMPSON (police-constable S 149.) I took the prisoner on an other charge, and found the shawl on her at the time—she said, "I have taken the shawl from Mrs. Ibbott, but I know nothing of Mr. Malin's clothes; and I wish to be transported—I have lived a most miserable life some time."
Prisoner. Mrs. Ibbott said she would lend it me.
MRS. IBBOTT. No, she never asked me, nor did I say so.
GUILTY . Aged 18.
SARAH YOUNG . I am the wife of Thomas Young, a cabinet-maker, and live at No. 5, Ray-street. On the 9th of August the prisoner came to my house, and took a lodging for herself and her sister—I had two sheets and a blanket there, and the knives and forks she borrowed on the Saturday evening, the 12th—she left me without notice, after she had been there four days—she appeared in distress—she went out the first evening, and brought another female with her, whom she said was her sister, and brought a bundle, which she said was crockery, but it must have been bricks-on the Saturday evening I let them in again, and then she borrowed the knives and forks—when I went to fasten the street-door the key was gone, and I went into her room, and found that these things were gone, and in the cup board were about a dozen ends of bricks.
Prisoner. I am not the person—I have no sister—I have no person be longing to me—I have been with no one—I have been lodging with a man and his wife. Witness. I can swear to her—I am positive of it—she came three times before she took the room, and the other girl I could swear to if I saw her.
GUILTY . Aged 18.— Confined Three Months.
Seventh Jury, before Mr. Sergeant Arabin.
2190. WILLIAM WARD was indicted for stealing, on the 7th of September, 1 cart-cloth, value 3l.; and 2 3/4 lbs. of rope, value 2s.; the goods of Edward Marlow; and HENRY NORTH for feloniously receiving a cart cloth, part of the said goods, well knowing it to have been stolen; against the Statute, &c.—3rd COUNT, for feloniously receiving the same of an evil disposed person, &c.; and JOHN BROWN for feloniously receiving 2 3/4 lbs. of rope, part of the said goods, well knowing the same to have been stolen; against the Statute, &c.—5th COUNT, for receiving the same of an evil-disposed person, &c.
MR. BALLANTINE conducted the Prosecution.
JAMES SMITH . I am in the service of Edward Marlow, a farmer, living in the Green-lane, Islington. On Thursday, the 7th of September, I was driving my master's wagon—I left it about three o'clock in the afternoon, opposite the Lock and Key, Smithfield—there was a cart-cloth and two ropes in it—I went into the house, and remained there about ten minutes—when I returned my wagon was gone—I found it again about six o'clock the same evening in St. John's-square—nobody was with it—the cart-cloth and rope were missing—about an hour afterwards
Brown was pointed out to me—I found the rope upon him that I missed out of the wagon—he said he had bought it of two men for a pot of beer I told him to come along with me and look for them, and gave charge of him to the first policeman—as we were taking him to the station-house, he said if we would go along with him he would find the man that had the cart-cloth—we went along with him—he mentioned no one—I did not know Ward before—I saw him at the Northumberland Arms—the policeman had him in charge about eight o'clock in the evening—I told him that I wanted my cloth—he would not tell us about it for some time, and then he told us he had sold it to Henry North—I went to North's house with two policemen, and Brown and Ward—I did not go into the house—I remained outside—the policeman came out and brought the cart-cloth that I was entrusted with—North, Brown, and Ward, were then taken to the station-house—the value of the cloth was about 3l., and the rope about 2s.—my master's name is on the cart-cloth in four places.
Cross-examined by MR. PHILLIPS. Q. Did you buy it? A. No—I was not present when it was bought—my master had it about three weeks.
Brown. Q. When you met me with the bit of rope, I had it open in my hand? A. Yes, you said you bought it, and would try to find the party—you did go with me to find the man.
JOHN DIMOCK . I live at No. 4, Cock-lane, St. Sepulchre's, and am a labouring man. On Thursday afternoon, between three and four o'clock, I saw Bill Ward go out of Smithfield with the wagon, going towards St. John-street.
Ward. Q. Were you ever here for stealing hay? A. Yes, I was for two trusses of hay.
HENRY TURNER . I live at No. 2, Harper-row, Bagnigge Wells-road. On the evening of this Thursday, I was at a public-house. No. 50, Ray street, about six o'clock—I saw Ward there with a tarpaulin—another man was with him—Ward told me he was going to carry it for the man—when he got out he wanted to sell it—he wanted 12s. for it—I left them there—I saw them again about seven o'clock at the Northumberland Arms—they had the tarpaulin with them then.
Cross-examined. Q. You saw a person offering this for sale? A. Yes I might have got it for less—there was no concealment on his part.
MR. BALLANTINE. Q. Do you know the value of it? A. No.
WILLIAM MASON (police-sergeant G 15.) The prisoner Brown was given into my custody, on Thursday, September the 7th, and this rope was given me by the carter—as I was going to the station-house Brown said he had bought it for a pot of beer, and he would show the man he bought it of—I went to No. 15, Ray-street, but found nobody—they were gone from there—I then went to the station with him—he still said he thought he could find them, and we went to the Northumber land Arms—I found the prisoner Ward there—I waited outside North's shop, with Ward in custody—I had another policeman with me—he went into the house and brought out North and the cloth—Ward had said he had bought the cloth for 5s., and he offered the money back to Mrs. North at her house—North was not there—he did not say of whom he bought the cloth.
Brown. Q. I gave you a description of the man, did I not? A. No—you went to look for the man with me.
Mason—I heard Ward say something—I ran over to a broker's shop in Pentonville, and North was putting up the shutters—I asked him if he had bought a tarpaulin—he said he had for 9s. and a pot of beer—he took me to a shed where it was, and pointed it out to me—the premises were not his—I took him and brought the tarpaulin.
Cross-examined. Q. He made no secret of buying it? A. No—he told me what he had paid—I have known him about eight years—he has lived where he does now about eight months—I never knew any thing amiss of him.
(Property produced and sworn to.)
Ward's Defence. This wagon was coming through the market by itself—it caught a load of hay, and dragged it a few yards—a person said, "Take it to the green-yard"—I drew it to Smithfield-bars, and left it, and was then going home, I met a man with a tarpaulin on his back, and we went to No. 50, a beer-shop—he said, "I don't want this, if you like to have it you shall for 5s."—a man came by and said there was a man at Battle-bridge would buy it—we went there, and North came out and said he would buy it for 9s. and a pot of beer—we went to have a pot of beer—the man ran away, and the policeman came and took me.
WARD.— GUILTY . Aged 30.— Confined Three Months.
NORTH.— NOT GUILTY .
BROWN.— NOT GUILTY .
WILLIAM HAWKINS . I am pot-boy to Mr. Wicker, of Cock Hill, Stepney. The prisoner drove a cab, and came to my master's about ten o'clock on the 20th of September—he had a pint of ale—my mistress served him, and my mistress's niece took the money—he drank all the ale in the house but one glassful, and that he took out—I sat in the window getting my supper, and saw the prisoner go out with the glass—it was full—he walked a little way out of my sight and returned with the glass empty—he put the glass under the seat of the cab—he got in and drove off—I jumped out of the window and took hold of the rein of the cab—I said, "You have got a glass"—he said he had not—I said he had—he said, "If I have, a woman put it in"—my master came out in the scuffle, and took the glass from under the seat where he sat to drive—this is it—it was found where I saw him put it—I cannot swear to the glass—it is such a one as we give out with ale.
Cross-examined by MR. PRENDERGAST. Q. He came to your house with a man, and a girl in a cab? A. No—I saw him come—I was at the door—he came with a sailor, but no girl—he put the girl down before he came to our house—the sailor came into the house, and the prisoner too—he stopped about twenty minutes, or it might be half an hour—I did not see him have any thing but the ale—he was standing at the bar when he had it, and the sailor with him—he took the glass out—there was no one waiting outside—I had no suspicion of his going to take it away—this was a quarter after ten o'clock—I was in the tap-room when he went outside, he walked about three yards—there was no one in the cab—as soon as he got into the cab the sailor went off—they were both a little drunk—I do not know where the girl was—I will swear she was not there after nine o'clock—my mistress is not here—I do not say that my mistress saw him go out—her niece is not here.
RICHARD EDMUND WICKER . I was called out by my potboy. He told me in the prisoner's presence, that the prisoner had secreted a glass in his cab—he said nothing—I found the glass under his driving seat—he was sitting in the body of the cab—I think his nose-bag was there—the glass was covered, so that I had some difficulty to find it.
Cross-examined. Q. Did you see the sailor? A. I saw neither of them in the house—I was in the parlour—the prisoner said nothing when I found the glass—I said to my lad, "Run for a policeman," and he was taken.
NOT GUILTY .
GUILTY .— Confined Three Months.
JOHN WALKER . I am a tin-plate-worker, and live at No. 1, Onslow street. The prisoner has been in my service a year and three months—he worked in the trade and went on errands—it was his duty to receive monies on my account.
WILLIAM DWELLY . I deal with the prosecutor. I know the prisoner by his coming to my shop—on the 12th of September, I paid him 19s. on account of his master—he brought me a bill and receipt, when I paid him the money.
JOHN WALKER re-examined. The prisoner never paid me the 19s.—if he received it on the 12th, he ought to have paid it on his return, but he did not return at all—I did not see him till he was going to Hatton garden—I had given information to the police, and they took him.
GUILTY . Aged 15.—Recommended to mercy by the Prosecutor.
Confined Three Months.
2194. BRIDGET SCANLAN was indicted for stealing, on the 5th of September, 1 hat, value 1s. 6d.; 1 bonnet, value 2s. 6d.; 1 cap, value 1s. 6d.; 1 waistcoat, value 1s.; 1 blanket, value 2s. 6d.; 1 sheet, value 2s.; 1 teapot, value 2s.; and 1 flat-iron, value 6d.; the goods of John Brown.
JOHN BROWN . I live at No. 16, Great Ormond-street, and am a labouring man. I let ready-furnished lodgings—I let the parlour to the prisoner about a month ago—she is a married woman—she had been there a fort night before the 5th of September—on the 6th, her husband told me that she took the sheet and the blanket—I then went and missed these things—a box of mine was broken that was in a room that I occupy, and from that I missed a hat, a bonnet, and cap of my wife's—there were four or five nails driven into the box, and it was opened.
WILLIAM RICHARD TUCKWOOD . I am a pawnbroker, and have the teapot, flat-iron, sheet, and blanket—I do not know who pawned them, but the prisoner came in a state of intoxication, and wanted more money on them, which I refused—they were pawned in the name of Scanlan.
Prisoner. I have only been a lodger in this man's house—I had a bed and paid 3s. a week—they were all in the same room that I was—I had not left the lodgings at the time, nor yet my husband—the prosecutor's wife went into the country—she told me if I needed any of their things I was to pledge them, and this man had part of the money that I pawned them for—he was out on the Saturday night and got tipsy—he knows that his wife gave me permission to pawn them.
GUILTY . Aged 40.—Recommended to mercy by the Prosecutor.
Confined Six Months.
ANN DONOVAN . I am in the service of James Sands—he keeps a lodging-house, and lets beds by the night, at No. 2, George-street, St. Giles—the prisoner came and slept there on the 15th of September—he went to bed at twelve o'clock—he had part of a bed, and paid 2d.—three persons slept in the room besides him and his bed-fellow—he got up, and about eleven o'clock went out—I went up stairs before he went out—I came down and found the sheet round him inside his small clothes—I saw it takes from there—this is the sheet—it had been on his own bed—I had not known him before—it is my master's property.
Prisoner. I was out of a situation at the time, I took it because I was in want.
GUILTY . Aged 23.— Confined Eight Days.
2196. EMMA MILLER and THOMAS PROSSER were indicted for stealing, on the 14th of September, 8 pairs of fronts for boots, value 7s.; and 61bs. weight of sole leather, value 10s.; the goods of Joseph Poole.
JOHN BARFIELD . I am in the employ of Joseph Poole, a currier and leather cutter, in Broad-street, St. Giles. On the 14th of September I saw the two prisoners in the shop—they came in about a minute after one an other—the woman came in first—she bought a few articles, which came to about 6d., and then the man came in—he went up by the side of Miller—a young man beckoned me into the street, and told me something—I went to go back into the shop, and the woman was coming out—I do not know whether Prosser had said anything to her—he bought some things—they were close together in the shop—Miller was then going out, and I asked her what she had got—she said, "Nothing"—I said, "I must look and see"—I and another man opened her cloak, and found on her 8 pairs of fronts for boots and 61bs. weight of sole leather—nothing was found on the man.
Prosser. I paid for what I bought in the shop.
ROBERT BUGO . I was in the shop—Prosser asked for some unblocked fronts—he put them on one side, and the woman put them under her cloak—I am sure of that—I told what I saw—they were not both taken, only the woman—the man slipped by, and went out directly—I am sure I saw him take them, and hand them to the other.
Prosser. We cannot go into a shop to buy leather without looking at it, and no customer can find what suits them till they take the things and
lay them on one side; I bought a pair of blocked fronts; what he showed me did not suit me.
GEORGE WADDINGTON . I am an officer. Prosser was once in my custody—Miller came to see him, and brought him refreshment, and when she was taken I knew that Prosser was wanted—I gave information to the police.
Miller. I am innocent of it.
Prosser. I have dealt with Mr. Poole nearly three years, and never had a stain on my character.
MILLER— GUILTY . Aged 21.
PROSSER— GUILTY .* Aged 22.
Transported for Seven Years.
JAMES GIBBS . I live at No. 5, New Church-street, and am a baker. The prisoner has lived with me eighteen months—she lived three or four times with me as servant of all work—I am married—I missed some money out of my till—I concealed myself on the 16th of September under the show-board, from half-past five o'clock till half-past six in the morning—I heard the prisoner unlock the door from the parlour to the shop—(my wife locked the door that morning, and locked me in the shop, and took the key up with her)—the prisoner unlocked the door and went to the till—I saw her take something out—I had counted the money the preceding evening, and I missed 9 1/2 d.—she then went back, locked the door again, and put the key into the other door—it was the key of another door—I said nothing to her, but on the Monday following I set another witness to watch, and then she was taken.
Cross-examined by MR. JONES. Q. How long had you known her? A. Nearly two years—I always considered her a good girl—I did not mark any of the money this time—she has a father—she was in the habit of boarding at my house—I gave her father no money—I gave him 4d. on the morning she was taken, to get her a breakfast, as he had only got a 1d.—I cannot say whether they were marked, as I had got several more pence and halfpence in the till—I put a G on the half pence—I marked it with a pencil—I concealed myself under the show board at the end of the counter—she had to go round the counter to get to the till—she must have come within a yard and a half of me, but did not see me—a box and the counter concealed me—I looked over the box—if she had looked at the same time she would have seen me—this was on saturday—I took her on the Monday—I could not swear to the coin then—I had no marked money in the till—I counted the money the night before, and again before any one went to it—I have a man servant. (Sarah Simpson, a laundress, gave the prisoner a good character, and promised to employ her.)
GUILTY . Aged 16.—Recommended to mercy by the Prosecutor.
Confined Nine Days.
OLD COURT.—Monday, September 25th, 1837.
First Jury, before Mr. Sergeant Arabin.
LEWIS LE RICHEUX . I am a wholesale warehouseman. On Wednesday last, the 20th of September, at three o'clock in the afternoon, I went to the warehouse of Margetson and Co., Gutter-lane, and purchased a dozen of skins there—the prisoner served me—there was no one there but him—as Italian boy came to the door with images for sale—I asked the boy in a joke if he could give change for a sovereign, as I thought I had not sufficient change to pay him 4d. for an image which I bought—I then offered the boy 1s. and asked him to change it—he said he would put down his basket and go and get change, but I had 3 1/2 d. I borrowed a halfpenny of the prisoner, and said I would pay him when he sent the invoice of the goods—I took my leather home, and at seven o'clock in the evening I missed my canvas bag, containing 14l. 10s. in gold, two half-crowns, and 1s. in silver—I cannot recollect taking my purse out when I was in the warehouse, but I know the money was in it at the warehouse—I felt confident I must have left the purse at the warehouse, though I did not recollect having it in my hands—I went back directly, and saw one of the partners, or the warehouseman, Mr. Chapman—I told him what had passed—the prisoner was not there then—I called at nine o'clock the next morning, and saw him—I looked him hard in the face and said, "I left my bag here yesterday, with some gold in it"—he replied," Did you? I have not seen anything of it"—I said, "I must have left it here, for I have been nowhere else where I had occasion to pay money, in the course of the day"—he told me he would go down stairs with me to the lower ware house, and see if we could see anything of it—he turned some skins over, and said he did not think I could have left it there, or he must have seen it—in the course of the afternoon I met the Italian boy, and in consequence of information went to Guildhall—we both went to the house again and saw the prisoner—I said, "That is the young man"—Foster stated to him I was confident I had left my purse there, and we had evidence to prove he had been seen with it immediately after I left—the prisoner said, "The boy is quite wrong, for I only found it a quarter of an hour since, and I was going to bring it to you directly master came home"—he said he found it among a parcel of skins—he put his hand to the bottom of his watch fob and had to work it up before he could get it out—he gave me the purse—I turned the gold out—there was only 13l. in gold—all the silver was gone and about 30s. in gold.
JOSEPH SFOONEY . I live in Leather-lane, and sell images. I remember seeing the gentleman in the warehouse, where I went with the images—I sold one figure to him—I saw the prisoner there—the gentleman asked me to change a sovereign—I said, "No"—he said, "Go and get change for a shilling"—I said I would—he said, "Stop, I have got threepence halfpenny"—the prisoner lent him a halfpenny, and he gave me fourpence, on which the gentleman put his purse on the counter—that is the purse—(looking at it)—the gentleman went away, and the prisoner took the purse—I said, "What have you got inside?"—he said, "A sovereign," and I saw him put it into his pocket—the gentleman was gone away then.
Gutter-lane, and saw the prisoner—I told him we had very strong evidence that he had got the purse, and that he had taken it yesterday—he said, "No, I did not take it yesterday; I only found it a quarter of an hour ago"—I said, "Did you find it on the counter?"—he said he found it among some skins, quite away from the counter.
Prisoner's Defence. The gentleman came to buy the skins—I showed them to him on the counter—I did not see any thing of the purse—he bought some images, and he had a small box in his hand, which he left on the steps—directly he was gone I called him back, and gave him his box—I had a quantity of skins putting them to rights, and moved those off the counter—I saw nothing of the purse till next day, when I moved some skins off the counter, to get my dinner on the counter, and found the purse—Bobody being there, I kept it till Mr. Chapman came back, that I might take it to him—he counted the money, and said there should be fifteen sovereigns in it; but on counting it, said there was but 13l.
GUILTY . Aged 19.— Confined Six Months.
SIMON STURGESS . I have a partner, we live in Oxford-street, and have another house in Park-lane—the two houses join together. I have been robbed four times—the prisoner Penny had been to ask for a situation two or three times—I suspected him, and on Thursday, the 14th, hearing he was in the neighbourhood, I set a man to watch—Penny then came into the counting-house, and asked me for a situation—I told him I did not know of any thing, but if he would give me his name, and the address of his last master, I would see if I could hear of any thing—he said, William Oflick, Goswell-street, and his last master was Mr. Simmons, of Oxford street—he crossed the shop at a rapid rate—I followed him, but he Went out—when I got into the street I saw Messenter in custody—they brought him into the shop, and two sugar-basins were found on him—he begged for mercy, and said he hoped we would forgive him.
CORNELIUS BAGNALL . I saw the prisoners in company with another in Park-street, previous to Penny coming into the warehouse, and told master of it—I went down stairs, and looked through the area railing, and saw them in conversation, at the corner of Park-street, and North-row—shortly after I heard the shop bell ring, and the door open—I immediately ran up stairs, and Penny was in conversation with master at the counting-house—I said nothing to him, but went out at a door, round to Park-street, and then neither of the prisoners were to be seen, but Messenter came out of the house—I and my fellow-servant seized him—he struggled to get away, and he broke two basins in the struggle, besides those found—we took him into the hall—he begged to be let go, and said that the other parties had met him in Oxford-street, while he was inquiring of a cab man for a situation—while we were struggling with him, Penny came out, and made his escape—he walked off at a sharp rate to the corner, and then I lost sight of him.
Penny. I deny being with Messenter at all. Witness. I saw them to gether, and that was the reason I watched.
found Mrs. Simmons at another house, but she knew nothing of him—there was no such number in the street as he gave.
GRIFFITHS. I was put to watch, and saw the prisoner Penny come in—the other followed him and took the property, while Penny was talking to master.
PENNY— GUILTY . Aged 18.
MESSENTER— GUILTY . Aged 23.
Confined Nine Months; the last Month Solitary.
MARY ANN RALTHEOBER . I am the wife of William Raltheober, who keeps a shoemaker's shop in Monmouth-street. On the 18th of September, at half past seven o'clock in the morning, I saw the prisoner take these boots from our door—they were on the pavement, exposed for sale—he did not ask the price of them, but took them away—I had only just got out of bed, and was half undressed, so that I could not follow him—I did not catch him till next day—I am quite sure he is the person, and when he was taken he said he would pay me for them.
JOHN MAYES . I live at home with my parents in that neighbourhood—I know the prisoner. On the 18th of September I saw him take the boots from the prosecutor's kitchen area—I am quite sure he is the person—heput them under his coat, and walked a few steps, and then ran—I have seen him two or three times about Seven Dials, and am quite sure of him.
Prisoner's Defence. I never saw the shoes, and was not out on Tuesday morning—I was not acquainted with the place—next morning this boy and a woman came, they took hold of me, and gave me into custody.
GUILTY . Aged 17.— Confined Three Months.
Before Mr. Justice Vaughan.
SARAH MALCOLM . I live in Praed-street, Paddington—I knew the prisoner and his wife, as neighbours—they lived next door to me—the prisoner is a gardener. On Monday the 11th of September as I was going to bed at half past 12 o'clock, I heard Mrs. Davis groaning next door—I went, and found her lying in the passage, bleeding from a wound in the right arm, very much—it was a deep wound—a surgeon was sent for immediately, and came, I should think rather better than an hour after I was there—it was Mr. Philpot's apprentice—the prisoner had locked him self up stairs in his bed-room when the surgeon came—I had put a towel round Mrs. Davis's arm, and held it tight till further assistance came—I prevailed on the prisoner to open his door, and asked him how he came to do such a dreadful thing—he said Mrs. Davis had been quarrelling with him, and struck him several times—that he took the knife out of his pocket to cut a candle in two, and in an unguarded moment he thrust it into her arm—he said she had struck him first three or four times with a stick—I saw the knife—it was in a case, and is a pruning-knife—it is here—he said he was very sorry for what he had done—I saw Mrs. Davis once or twice every day till she died, which was about half-past one o'clock on the Saturday—they were both sober—I never knew them to be otherwise—she did not tell me in his presence how it happened—it was about half past twelve o'clock when I went in—she told
me of it next day—I do not think she had any apprehension that she should die then—the prisoner is a very old man, and is very bad at times in his head and his mind—his wife told me the day after, that she struck him three or four times with a stick before he did it, and she did not think he did it intentionally, and did not think he would have done it if she had not struck him—I know he is subject to fits—I have seen him lay for half an hour together in a fit.
FREDERICK PHILPOT . I am a surgeon, and live in Upper Southgate street, Paddington. I saw the deceased on Tuesday morning, the 12th, between nine and ten o'clock—I found her in bed, on the floor, and complaining of severe pain in the right arm—I examined it, and found a wound in the inner side of the upper part of the arm—all the superficial veins were divided, but not the artery—she had lost a considerable deal of blood—it was a stab, I should call it—this knife would have done it—it appeared to have gone in about half an inch, and then cut its way out—I attended her until her death—the wound got on very well till the Wednesday afternoon—there was then some inflammation of the veins came on, which subsided by the Thursday afternoon, and when I saw her on Friday morning, erysipelas had taken place—it began from the wound, extended up to the shoulder, and the whole of the side, and terminated in gangrene and mortification—she died on the Saturday—I have not the least difficulty in saying she died from the erysipelas and gangrene produced by the wound—she was not at all apprehensive of dying when I first saw her——she was seventy-two years old—I saw the prisoner on the Saturday morning, the day of his wife's death.
Prisoner's Defence. My wife and I went to a dahlia show—when I went in I asked for 2d., as I wanted a pint of beer, and she began to grumble—my daughter gave me 2d., and I had a penny-worth of beer—I stopped a bit, and drank some gin and water, and walked about—when I got home I had a candle, and was reading—a knock came to the door several times—I was going down stairs, and a little black cat ran and knocked the candle down—I could not find the candle directly—I got it and went down stairs, and she began blowing me up again, saying what was I so long about, and all that, and seeing there was no light, she got a stick, and kept walloping me—I told her what was the cause of it—I had a knife cutting a candle—because I could not light it she kept hitting me again, and at last, somehow or other, she got cut—she began to halloo, and shout out "Murder! murder! blood! blood!"—I did not see what was the matter with her, and ran up stairs—I called to the people to know what was the matter with her, and a policeman and Mrs. Malcolm came—she begged of me to give up the knife, and I was taken to the station-house—I never struck at her, nor nothing at all; and I understand she said it was her own fault for gagging at me.
Mrs. MALCOLM re-examined. I have known the prisoner four years—I have heard a few words pass between him and his wife—he was never in toxicated, and I do not think he was a bad husband—I never saw any thing imporper in his conduct—I never knew her strike him before—he is a hard-working, industrious man, and I think he was a kind and affectionate husband, but his head has been very bad at times—he often expressed to me that his head was so bad he often did and said things he was very sorry for.
GUILTY . Aged 68.— Confined Six Months.
Before Mr. Justice Patteson.
2202. DANIEL SULLIVAN was indicted for unlawfully, maliciously, and feloniously assaulting Michael Hoy, on the 14th of September, and stabbing and wounding him in his belly, with intent to maim and disable him.—2nd COUNT, stating his intent to be to do him some grievous bodily harm.
MR. PAYNE conducted the Prosecution.
MICHAEL HOY . I was at a public-house on Thursday night, the 14th of September—the prisoner was sitting down there when I went in—I had some words with him, and we came to blows in front of the bar—he fell down once or twice, and the last time continued down two or three minutes—he then got up—I thought he was done, and would not fight any more—I stood about three feet from him—he rushed suddenly on me—I halloed out, "Oh, Mr. Newman, he has run a knife through my side"—I did not suspect he was coming at me—I only felt the cut once—it was like the prick of a pin—a policeman came in—I went home, got a light, and went to bed—I examined myself, and found where the knife had gone into my side—I found blood running down the thigh—I called in a policeman, and he ran out, and apprehended the prisoner.
COURT. Q. When you say he fell two or three times, do you mean in the fight? A. Yes, he got the worst of it—I considered he had got the worst of it, and that he would not come to me any more—I went to the hospital about twelve o'clock that night, and remained there two days—I am well now—the place is swollen—I still feel a lump in it—I had met the prisoner there accidentally.
NOT GUILTY .
Before Mr. Justice Vaughan.
2203. JOHN HAMMERSLEY was indicted for unlawfully, maliciously, and feloniously assaulting James M'Michen, on the 10th of July, at St. Matthew, Bethnal-green, and unlawfully, maliciously, and feloniously cutting and wounding him on his head, with intent to maim and disable him.—2nd COUNT, stating his intent to be to do him some grievous bodily harm.
MR. PAYNE conducted the Prosecution.
JAMES M'MICHEN (police-constable H 121.) On the 10th of July, 1836, I was on duty in Virginia-row, Bethnal-green, about a quarter after four o'clock in the morning—there was a disturbance—I saw the prisoner there—I had a man named Richard Kendrick in custody—he was one of the party who had been making the disturbance—he had been up stairs into the house No. 4, hoisted up the window, and presented a pistol at me, and swore he would blow my b——brains out—he jumped out of the window as I was going in at the door, and I took him into custody—I was taking him to the station-house, and the prisoner came up, and said, "Dick, you are not going so easily as that"—the prisoner then seized me by the collar—a scuffle ensued between the two, and they got me down—the prisoner then wrenched my staff out of my hand, and struck me several blows on the back part of my head with my own staff—he then stooped down, picked up a stone while I was lying on the ground, and dashed it down on my head with both his hands—it was not a very large stone—it struck me on the fore part of my head—I was stunned for a time, and the man I had in custody got out of my hold, and they both ran away—when I recovered I got up, and made towards the house—two of my brother officers came, and conveyed me to the station-house—I was unable to do my duty for three weeks in consequence of the blows—I was attended by two surgeons—my head
bled a great deal—you could trace me all the way, which was nearly three quarters of a mile, by the blood.
Cross-examined by MR. PHILLIPS. Q. This was a year ago? A. Yes—the prisoner could not be found before—I never saw him since.
PATRICK LARKIN . I am a policeman. I was in Virginia-row on the night in question, when M'Michen was injured—I saw the prisoner coming out of the house, No. 4, about a quarter past four o'clock in the morning—I have heard M'Michen's evidence—I saw the injuries on his head—he bled very much.
GEORGE TEAKLE . I am a policeman. I have been searching for the prisoner, since about the 10th of July, 1836, by order of the magistrate—I apprehended him on Thursday, the 14th of September, at a public-house at the back of Shoreditch church, about two o'clock in the morning.
JOHN M'CAY . I am a surgeon. I attended the prosecutor in July last year—I saw him about twelve o'clock—I found him labouring under rery severe pain in the head, and a very extensive contused wound on the left temple—it penetrated to the skull—it was not bleeding when I saw it—the integuments were divided for a distance of an inch and a half—there were slight bruises over the back part of the head.
Cross-examined. Q. You are sure the skin was divided? A. Certainly—the flesh is exceedingly thin on the top of the head.
PATRICK LARKIN re-examined. I am quite certain the prisoner is the man—I knew him previously—I have not the least doubt of him—he was coming out of the passage of the house—I saw the prosecutor outside the door at the time the man presented the pistol—I was going up stairs to apprehend him.
MR. PHILLIPS called
JOHN FATHAM . I was a waiter at the Waterman's-arms public house, in Castle-street, Virginia-row, last July twelve months—the house changed landlords, and then I lost my situation—I have frequently seen the prisoner at the house—I know the prosecutor—the prisoner has been in the habit of frequenting the house once or twice a week ever since—during the last twelve months I have seen him there, and I have seen M'Michen drink with the prisoner at the bar—I cannot ascertain the time, but it was while I was waiter there.
MR. PAYNE. Q. What are you now? A. I am out of a situation at present, and have been for about three months—I have friends who assist me at different places I have worked at—I have never been in custody on a charge of felony—I was in custody merely for a quarrel.
Q. Look at the sergeant of police—have you not been in his custody on a charge of felony? A. I never recollect that I was in his custody—I do not recollect being in custody for felony—I will not swear I was not—I do not recollect being in custody about five months ago, for robbing a drunken woman of money.
GUILTY on the 2nd Count.—Aged 23.— Death Recorded.
Before Mr. Justice Patteson.
2204. MARTIN FLYNN, MICHAEL FLYNN , and THOMAS FLYNN were indicted for burglariously brearking and entering the dwelling-house of Hannah Hickman, about one in the night of the 16th of August, at St. Anne, with intent to steal, and stealing therein, 17 spoons, value 4l.; 1 pair of sugar-tongs, value 1l. 10s.; 1 handkerchief, value 2s.; 1 penknife, value 1s.; the top of a mustard-pot, value 8s.; 7 shillings, 6 sixpence, 360 pence, and 960 halfpence, her goods and monies; and that the said Thomas Flynn had been before convicted of felony.
MR. PRENDERGAST conducted the Prosecution.
HANNAH HICKMAN . I keep the Rainbow public-house in Queen street, Ratcliffe, in the parish of St. Anne. On the night of the 16th of August, about ten minutes to twelve o'clock, I retired to bed—Dowler, who manages my business, was the last person up—I saw the house was fastened up myself—I always do so—Dowler and I went up stairs about the same time with my mother and servant—the back door was bolted at the top and bottom—I arose at a quarter to six o'clock in the morning—when I came down Dowler was up—he called up stairs to me, and gave me information that the house had been broken open—I found the place ransacked—there was a cupboard in the bar which had no lock on it—I missed from there ten packages of copper money, of five shillings each, some penny pieces, and some halfpence—I also missed eight silver tea spoons, two silver table spoons, one salt spoon, one mustard spoon, one silver top of a mustard pot, one pair of sugar tongs from a tea caddy, and five plated tea spoons, a silk handkerchief and a penknife—the value of the whole was 16l. or 18l.—the till was taken out of the bar and placed in the skittle-ground, and was empty—the writing-desk was taken out of the bar-parlour, broken open, and the papers scattered about—it contained nothing of value—I had used a bit of an old newspaper to pack the copper up in, and had paid particular attention to what was on it, for after tearing one up I found an anecdote of Grimaldi, and regretted that I had torn it up—I used it to pack up one of the parcles—I have not found any of my property, but I have seen the piece of newspaper since—it was brought to my house the morning of the robbery, by Shepherd, the policeman—I had packed up the coppers about a week or fortnight before.
JOSEPH DOWLER . I conduct Mrs. Hickman's business. On the night of the 16th of August I went to bed about ten minutes before twelve o'clock—all the fastenings of the house were secure—I fastened them myself—I arose at a quarter before six o'clock, and found the house had been entered through a fan-light over the back door—the fan-light was broken in pieces—I found the back door shut to, but not fastened—it was unbolted—one of the shutters was taken down from the front of the bar—that shutter does not communicate with the street, but the passage—I found a considerable quantity of property taken away—there was a desk in the bar-parlour had been broken open, and I found it in the skittle ground, and the papers strewed about—Shepherd afterwards produced a gouge and chisel—I have been a turner—a gouge and chisel appeared to have been used in opening the desk—on applying them to the desk they corresponded with the marks—I had seen the prisoners Michael and Thomas in the house the night before—I saw them from a little before ten o'clock till a little after eleven o'clock—I saw them go away—I discovered some lucifer matches strewed about the passage, which had not been there the night before—it was broad day light when I discovered the robbery.
Cross-examined by MR. PAYNE. Q. How was the fan-light broken?
A. One square of glass in it was broken, and the pieces of glass laid in the yard—the door was fastened by a top and bottom bolt—the opening in the square was one foot four by eleven inches—I am quite sure I fastened the bolt myself—I live in the house as a friend of Mrs. Hick man's, and manage the business.
MR. PRENDERGAST. Q. Was the hole big enough for the body of a man to pass through? A. It was.
COURT. Q. Did you observe the wall at the end of the yard? A. Yes—there was a hole in the wall for a man to put his foot in, to get on the top—it was on the outside—it was a hole in the brick, and was newly made—it appeared to have been kicked in by a toe.
JAMES SHEPHERD . I am a policeman. On the morning of the 17th of Au gust, in consequence of information, I went to the Rainbow, public-house—I observed the back part of the house, and the fan-light—an entrance might have been effected that way—I did not notice the wall then—I saw it after wards, and there was a mark on it—it is the wall at the back of the house, leading into an alley called Gin-alley—it was a mark big enough for a person to put the toe of his shoe in—by getting over that he would get into the skittle-ground, and go to the back-door—the prisoners live in Fox-court, which is at the back of Gin-alley—you must go out of Gin-alley into Narrow street, and then there is Fox-court—it is about fifty yards from the public-house, but twenty yards as the crow flies—I went to the prisoner's house, about half-past seven o'clock in the morning—I tried the latch of the street-door—it was fastened by the top bolt—I could not get in—I knocked, and at last Martyn Flynn opened the window above, and asked what I wanted—I told him I wished to speak to him—(I was in my uniform)—he said, "Very well, I will come down"—he came down, and it appeared as if other persons were stirring in the house, and instead of opening the door, it was fastened by the lock and bottom bolt—I tried the shutters, they were also fastened—I knocked several times before he answered me again, and when he did answer, he said, "Wait, there are females in the room, let them dress themselves"—I waited some time, but he did not open the door—I asked for admittance at the next house on both sides, but was refused—I sent Judge to watch the back of the house, while I endeavoured to get in at the front—while he was gone Thomas Flynn opened the up stairs window, and said, "The man you are looking for is not here"—I told him to come down and open the door—he said he had nothing to do with it, he was only a lodger—the window was then shut down, and I heard somebody in the house say he had thrown something down—by this time Judge returned, and said he could not get in at the back—I sent for a ladder, and placed it against the window—Judge went up and came down again—I went up, and Martyn Flynn had a gimlet with which he had bored through two sashes, and was holding the handle of the gimlet in his hand—Michael had a hammer, and Thomas was in the room with them—the foot of the bed came against the window, and there was a poker and tongs on it—I told him to open the door, I wanted to speak to him about a case of felony, and if he did not open it, I must break in—Martyn said he would not, for a hundred such as me—I came down, and we both tried the street-door, to force it—but it appeared the strength of the whole three was forced against us, for after we got it partly open, so as to get a staff in, it was closed against us—we began to open the shutters, and Martyn then said he would open the door, and did so, and I got in—the three prisoners were in the lower room—a young woman, who, I believe, was the daughter, and an elderly woman was lying in bed, apparently bed ridden—I looked about, and found this gouge lying on the floor in the lower room—I went up stairs, and in a cupboard found this chisel—I came down again, and Thomas Flynn had escaped—we secured the other two and brought them away—the young woman, on my entering, began to cry, before I went up stairs, and Michael said, "What are you crying for? they
can't hang us for it"—Martyn was present, and Thomas was up stairs then—there are only two rooms in the house, one above and one below and a small yard—there were two great mastiff-dogs in it—Martin rents the house, and the other two live with him—I have always understood so, and seen them about there—after leaving them at the station-house I came back, and found Thomas Flynn in the house—I searched a box, and found a piece of newspaper in it—the box was in the lower room—I found the gouge in the lower room, and the chisel in the upper room—I showed the paper to the prosecutrix—it was open, and had all these folds and creases, as if it had contained halfpence—there are, apparently the marks of penny pieces, copper stains—I have tried the gouge and chisel to this desk—there are marks on the desk, and to the best of my belief they were produced with these instruments—the gouge in particular fits very accurately, both outside the lid and inside—you could hardly get a feather in—and the chisel, also, will fit, with the gouge placed alongside—one appears to have assisted the other in breaking it open.
Cross-examined. Q. Where did you find the chisel? A. Up stairs, and the gouge below—the paper was in the box—I pointed out the copper marks before the Grand Jury, but they are faint now.
COURT. Q. Is that the gouge and chisel? A. Yes—I was present when Dowler examined the desk with them—I have had them in my pos session ever since.
ROGER JUDGE . I am a policeman. I went with Shepherd on the morning in question, to the prisoner's house—I heard him demand admittance, and knocked at the door—Martyn Flynn rose up the window, and said, "What do you want?"—Shepherd said, "I want to speak to you"—he said, "Very well," and came down, but instead of opening the door, he put on the bottom bolt and the lock—I went round to the back of the house to see if I could get an entrance there—the wall is about eight or ten feet high—I found two mastiff dogs there, but they did not bite, and I got into the yard—I knocked at the back door with my truncheon, but got no answer—I went to the front and got up at the window by a ladder, and there was Martyn Flynn in the centre of the top room, with his daughter on one side, and his son Michael on the other, pressing the window down against me—I got it up about six inches, and Michael said, "Let me have the hammer, I will clench him"—I said, "Will you?"—he said, "I did not mean you, I meant to clench a nail"—they bored the gimlet through the sash to hold it—I got down, and Shepherd went up—I afterwards got hold of the shutters, and when he heard them being broken, he said, "Don't break them open, and I will open the door," and he opened it—when I got in, there was Martin Flynn, Michael, and the daughter, sitting down, crying—Michael said, "What are you crying about, they cannot hang us for it?"—I went up stairs, and Thomas was there—he rose his foot as if he was going to strike me—I got into the room—he refused to come down—I collared him and brought him down stairs—I returned up stairs to look for property, and when I came down he was gone away—when I went up the ladder at first, I saw Thomas in the room—he was standing behind the others, and the poker, tongs, and shovel were by the side of the bed.
MR. PAYNE. Q. Would not any sharp thing make that mark? A. No—here is the point of it—these things were tried before the Magistrate—the mark was more plain at first than it is now.
COURT. Q. What height from the ground is the fan-light, on the out side? A. About six feet, and under the fan-light is a step or seat projecting from the side of the door-post—it is about a foot wide, and about two feet from the ground, and four feet from the fan-light.
HANNAH HICKMAN re-examined. (Looking at the paper.) This is the same account of Grimaldi—I tore the paper, and this is torn in the way I usually do tear—I wrapped the halfpence in exactly such a paper as this, the folds and all—when it was first brought to me there was the round mark of the penny-pieces—the impression was very perfect then—I read the anecdote of Grimaldi, and thought it would be amusing to somebody, and regretted tearing it, as I often give old newspapers to persons going out in ships—I cannot say it is the same piece of paper, as there are more editions than one—it was either the Morning Advertiser or Herald—Dowler has no interest in the business—I have been married, but my husband is dead.
Michael Flynn's Defence, I went into the skittle-ground over night—that is all.
GEORGE DEVERELL . I know the prisoner, Thomas Flynn, and remem ber his being convicted of felony, in this Court, two years and a quarter ago—I got this certificate of his conviction from Mr. Clark's office—(read.)— I was present at his trial—he is the person.
MICHAEL FLYNN— GUILTY . Aged 36.
THOMAS FLYNN— GUILTY . Aged 18.
Of breaking and entering, but not burglariously.
Transported for Fifteen Years.
MARTYN FLYNN— NOT GUILTY .
Before Mr. Justice Vaughan.
2205. JOHN CALLAHAN was indicted for embezzling the sums of 3l. 2s.; 2l. 17s.; and 3l. 12s.; which came into his hands and possession as servant to the Committee of Management of the Affairs of St. Paul, Covent-garden; another set of COUNTS, stating him to be a clerk; and other COUNTS, stating the monies to have come into his possession as the servant of William Walker and others.
MESSRS. PHILLIPS and BODKIN conducted the Prosecution.
JAMES CORDER . I am clerk to the guardians of the Strand Union. From the year 1828 to 1836 I was vestry clerk of St. Paul's, Coventgarden—there are in that parish several parochial rates collected—poor's rate, church rate, improvement rate, and, under another Act of Parliament, a rector's rate—the rector's rate is raised under 51 Geo. 3, c. 150, s. 2.—tne prisoner was appointed collector of those rates—I have his appointment in the vestry book—he was elected by poll—I was vestry clerk at the time, and was present at the election—he was appointed collector of the poor, church, and improvement rates, on the 13th of June, 1829, for one year—the original appointment did not refer to the period of a year, but it is the custom to renew the appointment annually, and this appointment was renewed annually down to 1835—during my time he acted as collector of those rates—(the witness here read the minute of vestry, declaring the Prisoner to be elected collector of the parochial rates)—he was paid a pound age on the money he collected—1 per cent., which was afterwards altered to 1 1/4 —he was supplied with receipt books to give receipts to rate-payers—when a new rate was made he used to go to the printer's and order the books—there was a form of receipt, and in the margin particulars were printed to contain an abstract of the contents of the receipt he used—this other book
was presented to the sub-committee of accounts every fortnight, and represented as a correct account of what he had received during the subsequent fortnight—there was a separate account book for each rate in the course of collection—this book is the account he produced, and it was checked with the margins of the receipts which he produced at the same time—on the 27th of October, 1834, I find he charges himself with receiving the sum of 3l. 2s. from Mr. Evans, that is for one quarter's poor rate, 2l. 2s. 7 1/2 d.; a quarter's church rate, 2s., 7d.; one quarter's improvement rate, 11s. 7 1/2 d.; and one quarter's rector's rate, 5s. 2d.—it does not state up to what time this was due—on the 27th of October, 1834, there is received of Mr. T. EVANS the sum total, 3l. 2s.—in the receipt book, on the 4th of November, there 2l. 17s. is from Brown and Kay—poor rate, one quarter, 1l. 19s. 2 1/4 d; church rate, one quarter, 2s. 4 1/2 d.; improvement rate, one quarter, 10s. 8 1/4 d; rector's rate, one quarter, 4s. 9d.—the entry in the book is, Nov. 4, Brown and Kay, 2s. 17s.—on the 8th of November there is a margin in the name of Stannard for 3l. 12s.—poor rate, one quarter, 2s. 9d. 6s. church rate one quarter, 3s.; improvement rate, one quarter, 13s. 6d.; rector's rate one quarter, 6s.—the rector's rate is made by the churchwardens for the time being.
Cross-examined by MR. ADOLPHUS. Q. Was the renewal of his appointment confirmed by vote of vestry? A. Yes—we appoint in March—the resolution in 1834 is this: "Resolved, that Mr. John Callahan be re elected collector of the parish rates, and that he do receive a commission 1 1/4 per cent, on the amount of his collection"—the committee of management are elected by the same authority, but not always at the same time—the prisoner is a very old parishioner—he has made great exertions in the affairs of the vestry—he took the lead in all parish business—he was brass-founder and gas fitter, in Exeter-street—he was universally respected by all parties in the parish, and I believe the parish at large had the highest opinion of his honesty and integrity.
Q. Is it within your knowledge that some time previous to this he had been very much disappointed in a sale of some property to Government A. I believe he received a smaller sum than he expected by some hundreds I only know it from what he told me—he accounted to a sub-committee of the Committee of Management for the four rates received—the Committee of Management appointed the sub-committee, and they examined his accounts—we took a great deal of pains to discover him—a reward of 50l. was offered by advertisement—I do not know, of my own knowledge, how much has been recovered from his sureties, but I believe 500l.—I have ceased to be vestry clerk—the sureties ought to have been solvent persons to the amount of 2000l., but only two parties have been threatened to be used and 300l. was taken from one, and 200l. from the other—one surety is a bankrupt, and the other died some three or four years since, while I was in office—there ought to have been new ones appointed—there was no other mode of his accounting to the sub-committee, except that the sum total which he reported to them as having been received, always corresponded with his payment—he has several children—he has been in a bad state of health, and is, I believe, about sixty years old—he has not been called to any other mode of accounting except that he gave to the sub-committee.
MR. BODKIN. Q. After the sub-committee examined his statement, did he appear before the committee themselves? A. Yes—he attended their meetings—his account to the sub-committee would be reported to the com
mittee of management, and read by myself—the total amount of his deficiency, I believe, is about 1500l. or 1600l.
THOMAS EVANS . I am a rate-payer of St. Paul, Covent-garden, and was so in October, 1834. On the 27th of October, 1834, I paid the prisoner 6l. 4s., and took this receipt for it—(looking at)—read, " Received, October 27, two quarters' Poor rate, 4l. 5s. 3d.; two quarters' Church rate, 5l. 2d.; two quarters' Improvement rate, 1l. 9s., 3d.; two quarters Rector's rate, 10s. 4d.; altogether, 6l. 4s. John Callahan, Collector. Due Michaelmas last. "
Cross-examined. Q. How lately before had you paid him any money? A. I cannot recollect—it might be half a year.
Cross-examined by MR. JONES. Q. How long have you known him? A. About ten years—he bore a very respectable character—I have heard he has a large family.
Cross-examined. Q. You have known him some time? A. Several years, and always entertained an excellent opinion of him—he has a family, and has had a great deal of illness.
GEORGE TYRRELL . I am superintendent of the police at Liverpool. On the 21st of August, in consequence of information which reached me, I took the prisoner into custody—he was living in Scotland-road, Liverpool, going by the name of John Carter—I asked him if his name was Callahan—he said it was not—I asked if he knew the neighbourhood of Covent garden, London—he said he did not; that he came from Poole—I had a copy of the "Hue and Cry" in my pocket at the time—it contained an advertisement respecting him—I read it to him—he said he knew nothing of it—I took this book from a chest, the key of which I found on him—I took him in charge, and brought him to London.
Cross-examined. Q. What was the date of the "Hue and Cry?" A. December, 1835.
THOMAS MOSELEY . I am now vestry-clerk of St. Paul, Covent Garden. I know the prisoner—a message was delivered to me since he was apprehended, in consequence of which I went and saw him—I told him any thing he said must be voluntary, and that it was possible I might have to give it in evidence afterwards, but I would not do it unless I was obliged—I believe the book produced to be in his handwriting—I have seen him write repeatedly—he said he had sent the book to me, as an erroneous impression was abroad about the amount he had taken away—he said he had seen in one of the papers that it was as much as 2000l.—he said it was not so much—he did not think it was 1500l.—he said, that in coming from America he had drawn out a statement of what he took away, but as they bad watched him very much he had thrown it overboard, but he had a book in his trunk which he understood the officer had taken away, that pointed out pretty clearly the amount of which he was deficient—I have added up the amount in this book, and it is very nearly 1800l.—among other entries are, "T. Evans, 3l. 2s.; Brown and Kay, 2l. 17s.; and Stannard, 3l. 12s.
Cross-examined. Q. How long have you been vestry-clerk? A. I was elected last May twelvemonth.
MR. PHILLIPS. Q. Do you know Henry Walker? A. Yes—he is an inhabitant, and was churchwarden in 1834—there were other church wardens.
GUILTY . Aged 57.— Transported for Seven Years.
(There were several other indictments against the prisoner.)
Before Mr. Justice Vaughan.
2206. MARY SMITH was indicted for stealing, on the 17th of September, 1 snuff-box, value 4d.; 1 half-sovereign, 16 shillings, and is sixpences; the goods and monies of Dominique Rosa, from his person.
DOMINIQUE ROSA (through an interpreter.) I am an Italian. Last Sunday week, between two and half-past two o'clock, I was in a street about a mile and a half from here—I do not know the name of the street—I was tired, and put my organ outside the public house—I went into the public house, and had a half pint of beer—I do not know the name of the public house—the prisoner came behind me, and said, "How do you do, my dear?"—I never saw her before—she put her hand into my pocket and pulled my box out—there was half a sovereign in gold and 15s. in silver in it, and 15s. in a piece of paper besides—she put them into her bosom I held her till the policeman came, and he took her into custody.
Prisoner. Q. Did you see me in any public house whatever? A. Yes—there were some people came round me, because I had got hold of you—there were none about me before.
Q. When you first went to the station-house, what money did you state you lost? A. I could not say exactly—I could not tell them in English I told them 12 and 12, and 12 and 4—I did not say if you gave me 10s. I would let you go—I said at the Thames Police that I had lost three times twelve and plenty money more.
SOLOMON MANDLIFF . I saw the prosecutor holding the prisoner by her two shoulders when I came down from my dinner—he beckoned to me, and said, "My money, my money"—I was standing by—no person gave him any assistance—he explained to me as well as he could what had happened to him, but he did not understand English properly—I saw the box fall from the prisoner's bosom, from the right side down to the ground, like a sack of money gingling, but I looked on the ground and did not see any money there at all—it went like a flash of lightning, and I saw no more it—I do not know who picked it up—there was a great number of people round—I should know the box if I saw it again—I could swear to it was a purple maple-coloured box, very dark, as though it had been dirtied.
Prisoner. Q. Did you see me with any money in the box? I did not see you take the box—I only heard it gingle like a sack of silver.
GEORGE FREEMAN (police-constable 183 K.) On Sunday afternoon, about two o'clock, I saw the prosecutor in High-street, Shadwell—he was gone into a public-house to have something to drink—he set his organ down on the pavement—I told him to take it away, for some one might run against it, and destroy it, perhaps—he said, "I shall not be long, (as well as he could make me understand,) "I only want half a pint of beer—I told him he had better not stop—he said, "Plenty of money"—he pulled the box out, and it seemed to have plenty of silver in it—I said, he had better put it away, and go home—he took my advice and went off—
about half an hour after, I heard a cry of police—I saw a mob, and went towards them—I saw the prosecutor had hold of the prisoner by the two shoulders—he was calling out "My money, my money"—I begged of him to leave go of her, and I took her into custody; but before I left the spot a little girl picked up the box and gave it to me, saying," Here is a box, I suppose it belongs to that gentleman; I picked it off the stones"—I could not swear to it, but I believe it to be the same I had seen the prosecutor with half an hour previous—it had only 2s. in it then—the prisoner was searched by a woman, but nothing was found on her—I understood the prosecutor to say he had been robbed of 12s. at first, and then when I gave him the box with the 2s., in it he said 10s.; but he talked such bad English I could not understand him—this is the box.
Prisoner. Did not the prosecutor say, if I gave him 10s. he would let me go? A. I did not hear it.
(Property produced and sworn to.)
Prisoner's Defence. I was going along Shadwell, and saw a large mob in the middle of the road—I went up, and saw the prosecutor with an organ on his back—he was very much intoxicated—I saw a parcel of boys about his feet scrambling for something, and they ran away—he immediately grabbed hold of me, and said, "My money"—I said I had not got it—he vent to the station-house, and said I had got 10s., of his—I said I had not—he then said, "If you will give me 10s. I will let you go"—I said I had not got it, and could not give it—the policeman then brought in a box some thing like that produced, and said, "A girl gave it to me; it contains 2s."—the prosecutor said, "I lost 12s., now I have only lost 10s.;" he after wards said he had lost 2l., and when he was called-up again, he said he had lost 14s—I never saw the box till the policeman brought it to the station house.
GUILTY *. Aged 32.— Transported for Seven Years.
(The prisoner has been three times in custody.)
Before Mr. Justice Vaughan.
JAMES MITCHELL . I live in Wyndham-mews, Montague-street, Marylebone. The prisoner lived in my service—last Wednesday he was in custody at Marylebone Office—I asked him a question before he was apprehended, and he gave me six duplicates of the dresses belonging to Mrs. Jerrom—I gave them to a policeman—he has always been a very good lad up to this time—he is a nephew of my partner, Mr. Isaac Jerrom.
ELIZABETH TURNER . I was attending on Mrs. Jerrom—I missed five gowns of hers—three from one box, and two from another—the boxes were not locked, and the prisoner slept in the room they were in—I called the prisoner up, and locked him in the kitchen till I sent for Mr. Mitchell, who saw him.
WILLIAM DOCURA . I am a policeman. I apprehended the prisoner on the 14th—on taking him to the station-house he said he was sorry for what the had done—I had said nothing to him, but that I wanted him for stealing six gowns from Mrs. Jerrom—I received five duplicates from Mr. Mitchell—I went to the pawnbrokers, and found the articles at six different places.
To the best of my recollection, the prisoner pawned a gown with me on the 8th of September—I gave him a duplicate, which is here.
HENRY LIVERMORE . I live with Mr. Cotterell, a pawnbroker. I have a gown, which was pawned with me in the name of John Tyrrell—I gave the person a duplicate, which has been found on the prisoner, but I do not know him.
JAMES BURT . I live with Mr. Daniels, a pawnbroker, in Bowling street. I produce a silk dress, which was pawned by the prisoner, to the best of my belief, on the 6th of September, for 8s. 6d. in the name of Mary West, by John West.
WILLIAM SNELLING . I am shopman to Daniel and Butler, pawnbroken, in John-street. I produce a silk dress, which was pawned on the 29th of August, in the name of John Miller, Homer-street—I believe the prisoner is the man—this is the duplicate I gave him.
(Property produced and sworn to.)
Prisoner's Defence. Mr. Mitchell asked me if I had made away with the things—I gave him the tickets up in about an hour, and he said, if I gave them up he would let it drop, he would do nothing to me—he gave me half-a-crown, and said, "Now I advise you to go away altogether; "but I returned that night, and went away in the morning, and in the evening I was taken into custody.
MR. MITCHELL re-examined. I never mentioned any thing of the kind—it is true, I said, "You are very young, only a country lad; you might have been transported for this"—I gave him some bread, meat, and beer, and half-a-crown, and said, "Go about your business, and never come into the yard again till you can say you are sorry for what you have done;" but he came into the yard next night, and I told the policeman if hew him again in the yard to take him into custody.
GUILTY . Aged 19.— Confined Six Months; One Month Solitary.
Third Jury, before Mr. Recorder.
2208. ELLEN ROACH was indicted for stealing, on the 5th of September, 5lbs. weight of candles, value 2s. 6d. 12lbs. weight of soap, value 5s.; 1 apron, value 6d.; 1 handkerchief, value 3d.; 1 wine-glass, value 6d.; and 3 towels, value 10s.; the goods of William Shelton, her master; and HANNAH MURPHY for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
WILLIAM SHELTON . I am a chandler, and live in Serle's-place, Carey street. The prisoner Roach was my servant of all work—in consequence of information I received on the 15th of September I went to the shop of Mr. Morris, nearly opposite my own, where I had a view of my shop, and saw Murphy enter my house—after a short time she came out, with apron full of goods—Mr. Morris followed her, and a policeman went the other way and met her, and took her at her lodging—he took several things away, and took her to the station-house, and took Roach—we missed things from the shop several times, and could not tell how.
Cross-examined by MR. PAYNE. Q. Had Murphy dealt at your shop at all? A. Yes—I never sold her any thing myself, to my recollection—my
wife might sell her things—I cannot say whether I sold her any butter on the Sunday before.
SAMUEL WISHAW MORRIS . I live in Serle's-place, and keep a coffee shop nearly opposite the prosecutor—about the 15th of September I saw Murphy go to the prosecutor's and fetch out a bundle—I did not see Roach.
NOT GUILTY .
2209. ELLEN ROACH and HANNAH MURPHY were again indicted for stealing, on the 15th of September, 3 loaves of bread, value 1s. 4d; 11b. weight of butter, value 1s.; and 2 bundles of wood, value 1d; the goods of William Shelton, the master of the said Ellen Roach.
WILLIAM SHELTON . I live in Serle's-place. On the 15th of September Morris, and the policeman, and I waited in Mr. Morris shop, and saw Murphy go and try my door—it not being open she walked several times past—after a short time, Roach, my servant, opened the door, and took down the shutters—Murphy in a short time came back, and had some conversation with Roach at the door, and alter a short time they entered the house—Murphy shortly after came out with an apron full of something, and Mr. Morris followed her—it was about six o'clock in the morning.
Cross-examined by MR. PAYNE.Q. Was it Roach's duty to take the shutters down? A. She had done so for a few mornings before—my shop is in Serle's-place, not in Shire-lane—it is a middling-sized shop—I sleep in the parlour close to the shop—there is only a partition between the shop and where I sleep—my wife was in that room at the time.
MARY ANN SHELTON . On the 15th of September, I got up in the morning to serve a person, and heard Murphy had been taken—I looked in my shop, and there was nothing but 4d., in the till, which I had left then over night—the policeman afterwards came and took Roach into custody—I had emptied my till for four nights running every night—there was no money for any thing which had been gone in the morning.
Cross-examined. Q. What time did you get up? A. Seven o'clock—this happened about a quarter of an hour before—I did not find any money in any other place—I afterwards found some down in the kitchen, in the servant's drawer.
SAMUEL WISHAW MORRIS . On the 15th of September I saw the prisoner Murphy try the prosecutor's door, and go away—shortly after she returned, and Roach was then cleaning the window—she appeared to be urging Roach to go into the shop—they shortly after went into the shop—Murphy afterwards went down the lane with a large bundle in her apron—I followed her—the policeman went round and met her—I gave her into custody—she had in her possession two bundles of wood, three loaves, and some butter.
SAMUEL SUTTON (police-constable F 121.) I was on duty about six o'clock in the morning of the 15th of September, and was informed Mr. Shelton wanted me—I went, and found him at Morris's—I waited some time and Murphy came up and tried the shop door—shortly after Roach came out, and undid the shutters—they had some conversation together, and went into the shop—Murphy then came out and went down Shire lane—I went and stopped her on the other side of Temple-bar—I asked
what she had in her apron—she said some things which she had bought in the City—it contained these articles.
Roach's Defence. I always had to sell the things till mistress got up in the morning, and Murphy paid me for what I sold her. She asked for bread, and I served her—she paid me the money, and I put it in the till—mistress and the two children were awake in the morning.
(The prisoner Murphy received a good character.)
ROACH— GUILTY . Aged 23.
MURPHY— GUILTY . Aged 27.
Confined Six Months.
MARY EADY . I am the wife of Thomas Eady, and live in St. John-street—the prisoner rented a furnished room of us, and lived with a man named Roby, as his wife. On the 7th of September, I went to examine the room and they were both gone—I missed two blankets, a sheet and two pillow cases—the man was charged with it at first, but the magistrate wanted to know who pawned them, and he said his wife—she was outside, and the policeman brought her in—I have no reason to know that she did not do it under the direction of her husband—a quantity of lead was stripped off three houses next to ours, we accused them of it and they both ran away.
Prisoner. Q. After I left your house, was I not at a friend's house named Morris? A. Yes.
Prisoner. Q. Did you not examine the room with me, and find that nothing was missing but what I had told you of, and say I could gel I them out in the morning? A. She did offer to restore the things, but the magistrate ordered her into custody—I cannot say her husband did not send her with the things to pawn—I think she meant to redcem them.
NOT GUILTY .
JOSEPH PEGG . I live in New-street, Cloth-fair. I let a blanket to the prisoner and his wife with a lodging—they remained with me nearly eleven weeks—I missed a blanket in the last week, and received a duplicate of it from the prisoner's wife—this is it.
GUILTY . Aged 32.—Recommended to mercy,— Confined Four Months.
2212. JAMES EDWARDS, alias Wells , was indicted for stealing, on the 13th of September, 1 bolster, value 3s.; 1 blanket, value 6s.; 1 sheet, value 3s.; 1 counterpane, value 4s.; 1 candlestick, value 1s; 1 pair of snuffers value 6d.; and 1 tray, value 6d.; the goods of Elizabeth Parker; and 1 box, value 6s.; 1 gown, value 4s.; 1 shift, value 2s.; 6 handkerchiefs, value 3s.; 3 pockets, value 1s.; 3 yards of ribbon, value 1s.; 4 pairs of gloves, value 1s.; and 2 aprons, value 1s.; the goods of Caroline Parker: and that he had been before convicted of felony.
ELIZABETH PARKER . I am a widow, and live in Lower Union-place, King's-cross. On Monday, the 11th of September, the prisoner took lodging at my house, and was to pay sixpence for the night—he came down stairs in the morning, and asked for his hat—he smoked his pipe there and had breakfast—he returned in the evening, and in the morning about half-past nine o'clock came down and asked for his hat and braces—I got up and gave them to him, and not hearing him go out I went up stain, and missed a bolster, sheet, blanket, counterpane, and a variety of articles—my daughter's things are worth about 1l., and mine about 30s.
Cross-examined by MR. PAYNE. Q. Did you know him before? A. No—he was brought to the house by my son-in-law—they had a little beer and supper together before he went to bed—I was not drinking with him at any time—a shirt and jacket were pawned by my daughter to get him a breakfast, as he said—it was not that we might get drunk together—we were not drinking the greatest part of the day together—not at all—not a drop of any thing—nor the day before—I totally deny it—it is not true—mine is a very respectable house—he was only to stop one night, but it was wet then, and he said he could not go on to Poplar with his things—mine is not a general lodging-house—the box in the room belongs to my daughter—it contained her wearing apparel—the box was my son-in-law's once, but I had it against some rent he owed me—he once wanted to get it away with my daughter's things in it, but I prevented him—the prisoner was quite sober.
CAROLINE PARKER . I am the prosecutrix's daughter. She sent me after the prisoner—Mr. Smith assisted me to stop him—he had a bundle with him when I first saw him—Smith ran after him and brought him back, with a box and a bundle—the box is mine, and contained property belonging to my mother and myself.
Cross-examined. Q. Is not the box your brother's? A. It was once, hut I have had it several years—he gave it to my mother—I am single, and get my living by servitude—I left my service on the Saturday night, as this was done on the Sunday—I lived with Mrs. Wise, in Pleasant-row, Pentonville—she keeps a lodging-house—I was only a month with her—I only went a month on trial—I have been to several situations—people do not come to my mother's house from Kings Cross theatre—I pawned the prisoner's jacket and shirt, about half-past eight o'clock in the evening, for 4s., to get him a breakfast—I brought him the money, and he sent me to get him some tea and sugar—we did not drink together at all—nor did my mother—we neither of us offered to marry him.
RICHARD SMITH . I live in Suffolk-street, King's-cross. I stopped the prisoner—he had a bundle and a box with him—I asked him if he was the Person that lodged at 4 1/2 Union-place, the night before—he said, "No"—I took him back to the house, and got a constable—the box and goods are here.
Cross-examined. Q. What are you? A. A journeyman carpenter—I was not in work at the time—I had been out of work seven or eight days—I work for any one—the last person I was with was a gentleman, in
Maiden-lane, King-cross—I formerly lodged with the prosecutrix and her daughter.
MR. PAYNE. Q. Are there any marks on them? A. Yes, sufficient for me to know them by—I examined them at Hatton-garden, and swear they are mine.
COURT. Q. Did you say your son-in-law wanted to carry off the things? A. The box, with my daughter's things—he came one afternoon when he was tipsy and quarrelsome, and wished to take the box away—my daughter's things were in it then—he had no right to it.
CHARLES PALMER (police-constable S 17) I know the prisoner—I was present when he was convicted at this place in February 1835—I have a certificate of his conviction, which I got from Mr. Clark's office—(read)—he is the person—I was a witness in the case—it was for stealing a basket and half a bushel of apples.
GUILTY . Aged 33.— Transported for Seven Years.
2213. JULIA HOULAHAN was indicted for stealing, on the 12th of August, 2 gowns, value 1l., 5s.; 3 shirts, value 9s.; 1 blanket, value 7s.; 1 blind, value 3s.; 2 petticoats, value 4s.; 3 pairs of stockings, value 3s.; 5 shifts, value 12s.; 1 veil, value 10s.; 1 table cover, value 2s.; 3 a process value 1s.; and 1 handkerchief, value 1s.; the goods of Mary Ann Power her mistress.
MARY ANN POWER . I am a widow, and live in York-square, Regent's Park. The prisoner was in my service—on the 12th of August I missed quantity of things, and she left me without notice—there was a satin dress which is mine, a veil, some shirts belonging to my children, a blanket and other things—the blanket belonged to her bed—I found her after wards in Franklyn's-row, Chelsea, and charged her with taking my property—I have since seen the veil and petticoat—she laughed at me when I charged her with it.
Prisoner. It is a house of ill-fame—the property does not belong to her—she made me a present of the petticoat and a pair of stay—the night before I left her she was drunk, and told me as soon as possible to leave her—I wanted to leave her that night—she said, "No; go to bed and leave in the morning;" and in the morning she was so drunk when I told her I was going that she could make no answer. Witness. I keeps lodging-house, but she exaggerates very much—I only keep a lodging house for two females—they have no visitors—I believe they change their acquaintances, but not daily—very seldom, I believe—the satin dress I was myself—it is mine—I was never intoxicated in my life.
WILLIAM LAWSON . I am a pastry-cook, and live in King-street, Borough. The prisoner came to my shop, and asked to leave a veil there a little while, as she was going out, and would call as she came back for it—I did not see her again till she was in custody—the officer came to me, and my wife gave him the veil—I had no acquaintance with the prisoner, but knew Mrs. Barton, where she was stopping.
four caps—I cannot say who they were pledged by—I have the duplicates for them.
MARGARET BARTON . I am the wife of Thomas Barton, and live in Meetinghouse-walk, King-street, Borough. I know the prisoner by sight—she applied to me for a lodging, and brought a bundle to the house—she had a veil and satin dress—I saw them in the bundle—I can swear this is the dress she had—(looking at one produced.)
ELLIN LATCHFORD . I am a widow, and live in King's-gardens, Holland-street, Blackfriars. I was standing in the street selling fruit, last Saturday week—the prisoner came up to me, and gave me a duplicate—I redeemed three articles with it at Mr. England's for 5s.—I gave the prisoner six penny worth of apples for the duplicate.
Prisoner. It is all false—I never saw her before—I never sold her the ticket at all—I have seen her twice at Tothill-fields.
JOSEPH ROGERS . I am shopman to Mr. England, of Compter-street, Borough. This satin-dress was pawned by the prisoner—I do not know who pawned the shirts, but Latchford redeemed them, and pawned them again.
Prisoner's Defence. She made me a present of two petticoats—I never sold the ticket at all—I lived six months with her daughter before I went to live with her.
GUILTY . Aged 19.— Confined Three Months.
NEW COURT.—Monday, September 25th, 1837.
Sixth jury, before Mr. Common Sergeant.
GUILTY .— Confined Three Months; Three Weeks Solitary.
SOPHIA RAYNER . I am a milliner and dress-maker, and live in Salisbury-street, Strand—I have met the prisoner in the street before, and was acquainted with him. On the 7th of September I went to the corner of. Norfolk-street, and met the prisoner with a woman whom I knew previous to her being acquainted with him—we went to a house in the Strand—I do not know the sign—the prisoner wanted something to eat—I told him I had not money enough, and as I wanted 1s. or 2s., I would go and pawn my watch—it was a gold watch—I pawned it for 6s. 6d.—I went back, and paid for two glasses of brandy-and-water, which the prisoner and I had taken—then I had one half-crown and one shilling left—it was in my purse, I put the duplicate into my purse, and put it into my bosom—I went back to the public-house, and he asked what I was waiting for—I said for the omnibus—I was going to Chelsea—he said I had better take another glass—I said no I would not—I felt ill—he said, "It may be the heat of the room"—I said, "No," and went out, and he unfastened the cape of my dress, and my bonnet string, and took out my purse—I did not feel it taken—he said I had better take a glass of brandy—I said no, if he would get me
a glass of water, I would take it—he went, as I thought, for a glass of water, and did not return—I went back to the public-house, and never saw him till he was taken—I went to the pawnbroker's about the watch—they were shut up.
Cross-examined by MR. PHILLIPS. Q. Are you married? A. No. I am not—I have no sister in London—I do not know that I have ever gone by the name of Maria or Elizabeth Darlington—I never contracted a debt in either of those names—I have gone by those names—I have never said that my name was Maria or Elizabeth Darlington—I have never gone by the name of Sarah Darlington—I have never been in gaol.
Q. Upon your oath, how often did you stand at the bar of Bow Street A. That is a family affair—I am not obliged to tell you—I shall not answer you—it is more than I know myself—I have been there as a witness—I have not stood at the bar four times—I will not swear it—I do not believe I have been in Mr. Shackle's custody four times—I will swear it—I have never been charged with felony, nor with stealing any thing—I do not remember being carried in a swoon into this public-house—the prisoner did not assist me in a swoon—I paid 2s. for liquor, and 2s. I gave the prisoner, which he did not return, and paid 6d. for biscuits—I paid the landlord 2s. 6d., —I did not pay him 5s. 4d., and then 6d. more—I did not get so drunk that I could hardly stand—I was not carried back, having swooned, by two men, one of whom was the prisoner—I saw the landlord the next morning, not that night—he was not in the bar—I did not name at the house that I had lost my money—I went home alone that night—I met a female at the comer of Bow-street, and went home with her—I do not know the name of the woman—this is the woman, (pointing to a person) and I believe she is the woman that got my watch out of pawn—I do not know the name of the public-house I was in—I have drank there be fore—I should know the landlord, were I to see him—the prisoner and I did not go to the fair—I left my watch with the landlord of the public house, telling him we were going to Bartholomew Fair, but we did not go—I know the landlord's name.
Q. Do you mean to swear you are nothing but a milliner and dress maker? A. I shall not answer that—I saw the prisoner but two or three times previous to that—I have treated him four or five times—I took part of two glasses of brandy-and-water, that was all—I did not pay for any gin—the prisoner did—all I paid was 2s., 6d.
EDWARD CALVER . I am shopman to a pawnbroker in the Strand About six o'clock in the afternoon of the 7th of September the prosecutrix and prisoner came to my house to pledge a gold watch for 6s.—it was taken out in about half an hour by a female—I have not seen her since—I can not say whether this is the woman.
GEORGE WESTON (police-sergeant S 15.) I received information, and took the prisoner on the 9th of September—I tapped him on the shoulder—he said, "I know what you want me for; I am innocent, I never had the watch"—I had not told him what I wanted him for—this was between four and five o'clock in the afternoon.
MR. PHILLIPS called
JOSEPH SHACKLE . I am gaoler of Bow-street. I know the prosecutrix—she has been committed from our office as a prostitute, and for being drunk and disorderly, and has been in custody on a charge of stealing two sovereigns—I can swear to three times positively—I believe she was
committed for a month for being a prostitute—she has been there once in the name of Elizabeth Darlington.
WILLIAM CLAPHAM . I am landlord of the Angel and Sun public-house, in Norfolk-street. On the night in question—the prisoner and the prosecutrix had been drinking—I refused to let her hare any more, because she had no more money—she and the prisoner went out and brought some money—paid me 5s. 10d., for drink—she had three glasses of brandy and water, three glasses of rum and water, and two half pints of gin—she did not drink it all, but part of it—I remember her going out, very tipsy—she was brought back in a kind of swoon—the prisoner and a man, who was a perfect stranger to me, brought her back—I remember a female leaving my house with her, whom she says took the watch out—the prosecutrix is what they call a woman of the town.
COURT. Q. Do you mean you got all that 5s., 10d., from her own hand? A. Yes—the prisoner paid me nothing—I do not know whether he contributed.
NOT GUILTY .
SARAH ANN GOSNEY . I am the daughter of John Gosney; he keeps the Adam and Eve public-house, at Hoxton. The prisoner was my pot-boy it was his duty to go out with liquor, and bring me the money he received—if he received, on the 4th of September, 2s. 2d. from Mrs. Groves, be has not paid me that—if he received 2s., 2d., on the 9th of September, from Mrs. Curie, he has not paid me it—nor 1s., on the 6th of September, from Mrs. Sayers.
Cross-examined by MR. PAYNE. Q. How long had he been in your employ? A. Since the 24th of March—I had a skittle-ground there, and be used to attend the people—there is no mistake about these sums of 2s. 2d. and 1s.,—I make memorandums in my book, and always mark off the things paid—he has never paid me those sums—I never allowed him to retain the money for a few days.
Cross-examined. Q. Do you recollect distinctly paying it? A. Yes.
(The prisoner received a good character.)
GUILTY . Aged 20.— Confined Three Months; Three Weeks Solitary.
2218. THOMAS SELLEN and THOMAS BOLTER were indicted for stealing, on the 12th of September, 12lbs. weight of pork, value 7s., the goods of William Burrows, in a vessel on a certain navigable river called the Thames.
WILLIAM ABURY . I am steward of the brig Harnett, belonging to Captain William Burrows; she was working, into the West India Docks. On Tuesday morning, the 12th of September, about seven o'clock, as I was hauling into the Docks, I was spoken to by a Custom-house officer—I missed half a small pig—I did not get it again—I did not see who took it—I saw a man in a boat in a blue jacket and straw hat, which was Bolter, and another man—I ordered them to come to the ship—they would not—they Pulled a little, and then laid on their oars—I said, if they did not come it would be worse for them—they whispered, and then I called the policeman—they pulled up the river, and I saw no more of them.
JULIUS BUTCHER . I am cabin-boy. I was forwards pulling the ropes and these two prisoners were then on board, and another with them—I saw them both on board—they do not belong to our ship—Sellen took the pork and threw it over the ship's side, to the boat where the other man was—I am sure I saw Sellen throw it over, and Bolter went off with it; Sellen gave a handkerchief out of his hat, and they covered the pig over with it—this was between seven and eight o'clock.
Cross-examined by MR. PHILLIPS. Q. Where were you? A. I was forwards—this was broad daylight—the pig was visible—I was up, by order of the second mate, pulling the ropes.
Cross-examined by MR. JONES. Q. Had you known Bolter before that day? A. No—he was dressed like a waterman—I did not see Bolter do any thing but stand on the deck—when the pig was thrown into the boat Bolter and one Reed jumped into the boat, and rowed off—Sellen threw a handkerchief into the boat, and the others covered it over the pig.
SAMUEL TAYLOR . I am a Custom-house officer. I was on board the brig—I saw Sellen pass the handkerchief over to Reed—I went and looked over the side of the vessel, and saw the half pig in the boat—I called the steward, and asked him if he knew they had got the pork—he said, "No"—we called after them, and said they had better bring the pork back—they said they had no pork—we called them to come back—they came five or six strokes, and then they dropped astern, and we lost sight of them alto gether—there was Bolter, and the other man not in custody.
MR. PHILLIPS to WILLIAM ABURY. Q. Whose vessel is this? A. Captain William Burrows's—Mr. Gibbs, of Fenchurch-street, is the owner—Captain Burrows left at Gravesend, and gave me the care of these things.
MR. JONES. Q. Who did this pig belong to? A. It belonged to the passengers—all the stores were given to the Captain when the passengers left the ship at Gravesend—we got the steam-boat at Gravesend, and came up on Tuesday morning—the captain went on shore with the passengers I heard the passengers tell the captain the day before that all stores be longed to him.
(The prisoners received a good character.)
SELLEN— GUILTY . Aged 29. Confined Three Months; Three Weeks Solitary..
BOLTER— GUILTY . Aged 21.
GUILTY .— Confined Two Years; Six Months Solitary. (See page 709.)
GUILTY .— Confined Two Years.
GUILTY on the 2nd Count. Aged 37.— Confined One Year; One Month Solitary.
GUILTY .— Confined One Year; One Month Solitary.
GUILTY of the common assault. Aged 60.— Confined One Year.
Fifth Jury, before Mr. Serjeant Arabin.
NOT GUILTY .
NOT GUILTY .
SARAH TERRY . I am the daughter of James Terry. I had a necklace on on Tuesday, the 20th of September—I went from my father's house with it, and the prisoner took it off—I did not know him before—he came behind me, in St. John-street, and took it, and ran away—I have not seen, it since—I am sure the prisoner is the person.
GUILTY .* Aged 15.— Transported for Seven Years.
GUILTY . Aged 24.— Confined Two Years; Three Months-Solitary.
Before Mr. Recorder.
EDWARD PYNER . I was employed on board a barge at Barking, on Tuesday the 8th of August—when I left work there was a quantity of rope attached to the anchor—next morning I went on board to get my money, which was refused, as the rope was missing—I found it on the 14th at Mr. Clatworthy's, a dealer in marine stores at Barking.
Cross-examined by MR. DOANE. Q. Was there an anchor at the end of the rope? A. Yes—it belonged to Thomas Clark—I was not in charge of the vessel, but only the rope and anchor—the anchor was gone as well as the rope—I took it away myself, by Mr. Clark's order—it was not pawned—I did not pawn it—I took it to Mr. Bryant's house by Mr. Clark's order.
Cross-examined. Q. This was an the 14th, I believe? A. I don't know, it was on the Monday.
THOMAS CLATWORTHY . The prisoner came to my mother's with a rope one Saturday night—I cannot exactly say the day of the month, but it is entered in our book—he said he had brought some rope—I weighed it, and there was better than 1qr. 71bs.—it came to 2s. 6d.—that was the full value of it as old rope—my mother had no money in the house then and she paid for it on Monday morning about breakfast time.
EDWARD PYNER re-examined. That is the rope. I know it well—when in my possession it was all over chalk, and all in one—it is now cut into small pieces—I had it in my hand that night—here is the other piece which was left on board, and matches with it.
(MR. DOANE stated that the prisoner had found the rope while searching for water-cresses.)
NOT GUILTY .
Before Mr. Serjeant Arabin.
2229. HENRY (alias Noel WILKINSON was indicted for stealing on the 10th of July, 1 portmanteau, value 10s.; 1 trunk, value, 1l.; 7 pairs of trowsers, value 5l.; 2 waistcoats, value 14s.; and 2 flannel shirts, value 3s.; the goods of James Hay.
MR. PRENDERGAST conducted the Prosecution.
JAMES HAY , I was captain's cook of the Java East Indiaman. On the 19th or 20th of July, we dropped anchor at Gravesend, and a person of the name of Phillips came on board—I had not known him before—he was known to the captain's-steward and the ship-steward—it was agreed that I should lodge with Phillips, at No. 8, Coal Harbour, Blackwall—I had a trunk and portmanteau—Phillips said he was going on shore that night; he might as well take my boxes—he employed Wilkinson to take them—I saw them in the boat when they were taken—on the 21st of July I went to Phillips's to lodge—I did not find my boxes, and Phillips was not at home—Phillips afterwards went to get the boxes from Barking, as he said—he did not take me to see the prisoner—I think I saw the prisoner two days after, in his own house, which was pointed out to me by Mr. York, a butcher in Poplar—I went and saw him—he said the boxes were in the hands of some other persons, and I was to meet him on the following day, which would be Monday—he did not mention how we were to get the boxes back at that time—on Monday I met him close by the East India Dock gates—Mr. York was with me then—no one of the name of Crabb was with me—the prisoner demanded the sum of 10l. from me before the boxes could be given—Phillips was not present—I said I should not pay any such sum, and Mr. York stepped up, and said he would not allow me to be imposed upon—he came down to 7l. 10s. after that—I did not pay it. I said, as I wanted to go to Scotland, my own country, and wished to have no trouble, I would pay 5l. to have my boxes and every thing safe—he took me to the house of a man of the name of Nunn, in High-street, Poplar—I did not see Nunn—the prisoner went back with me to the East India Dock gates, and I spoke to Crabb, the carman, to get them—I had not heard where they were—the prisoner said the boxes were lying at a place called the Salmon and Ball, Bethnal-green-road—I went there with Crabb and the prisoner—we found Nunn there—some conversation took place between Nunn and Crabb—Nunn said he would have the money before he brought the boxes, or he would not fetch them—I had not been told where the boxes were—Crabb paid him with money that I gave him—the
prisoner was there—I paid 5l. to Nunn—the prisoner and Nunn then went away together, and came back with the boxes in the course of half an hour—I observed to Mr. Crabb that my boxes had been broken open, immediately as I said that the parties were out of sight—they went away directly—when I got home I looked at the boxes, and missed six pairs of cantoon trowsers, one pair of black kerseymere trowsers, two waistcoats, two flannel shirts, and several other articles—they were all in the boxes at the time the boxes left the ship—I did not see the prisoner again till I came back from Scotland, which was sixteen days after—I then told him that he had taken the property out of my boxes that was missing, and he offered to pay for it—he asked me to state a sum that I would take—I said I would not state any sum, as I thought it was wrong to take any money of him for them—Mr. York was present at this conversation—when I said it was wrong to take any money, he turned on his heel and went away—I do not recollect that I saw him again till he was taken up.
Cross-examined by MR. PAYNE. Q. You gave Mr. Phillips authority to take these boxes away? A. Yes, to his own house; Wilkinson was the man in the boat in which the boxes were put—he was employed by Phillips, and went in the boat along with them—I went to Phillips's house to lodge—I did not have Mr. Phillips taken into custody—he was committed at the Thames Police, but the bill against Phillips was thrown out—Nunn lived in High-street, Poplar—I was taken there by Wilkinson—I saw nothing of any boxes after Phillips had put them into the boat, till I saw them produced by Nunn at the Salmon and Ball—nothing was in them besides trowsers and wearing apparel—no cigars—I had none for sale—there might be thirty or forty—there was nothing in these boxes that I wanted to get smuggled on shore to avoid the Custom-house officers—the officers were on board at the time—they were taken out between eight and nine o'clock—not later—I did not take an opportunity of getting them on shore when the officers were not there—they were on the forecastle—I did not see any other men in the boat—I saw Wilkinson before I went to Scotland, and found him when I came back.
THOMAS YORK . I am a butcher at Poplar. I felt it my duty to see what I could do to get this man's boxes back, without fee or reward—I saw the prisoner Wilkinson on the subject, I think it was on the Monday—the prosecutor has given a true account of what the prisoner said—10l. was demanded, and I think it sank to 7l. 10s.; and finally, the prosecutor said, rather than have any bother, he would give 5l., because he wished to get his property, and go to Scotland to see his children—(there were two meetings on one day, because I was obliged to get a policeman, and the prisoner ran away)—I did not go to the Salmon and Ball—all I saw was on the Monday—I re member the prisoner being apprehended—I was present—I saw him before that, and said it was a very bad thing to break the man's trunks open—I said, Cannot you produce the property you have taken out of the man's trunks?"—he said he did not think he could, but he could produce 5l., if I would take it, and give him an undertaking, so that it should be settled—I said I would do no such thing, and he might let it be till Mr. Hay came from Scotland—I saw him again before Mr. Hay returned, and desired him again to endeavour to get the property, or it would be worse for him—he said he thought it was impossible, and wished me to go with him to Barking—I said I would do no such thing—he said he could not possibly Produce the things—I threatened him with an officer when Mr. Hay was
with me—he said it was nothing to me, and I had no business with it—I said I would see what I could do—I went to the station, and brought an officer, and then he ran away—when Mr. Hay came from Scotland he came to me, and I saw the prisoner at Black wall-stairs—I called him to me and said, "Mr. Hay is up stairs, you had better come and speak with him"—he came up stairs at the King's Arms Tavern, and Mr. Hay and he had some words about the property—he talked about giving 2l. or 3l.—the prosecutor said, "I want, no 2l. or 3l., let me have the property, or I will prosecute you"—he begged him to let it be till Saturday evening, and he said he would see what he could do—on Saturday evening he met him again, I was with him, and some gentleman was introduced, I think of the name of Richard—I said, "Who is this gentleman?"—he said, "It is a friend of mine, come to settle it"—I said to Mr. Hay," It is no use your quibbling with this man; have nothing but your property, or go to the station"—I took him by the arm, and took him away; and this person came and pulled Mr. Hay by the arm, and requested him to name a sum.
Cross-examined. Q. You saw Wilkinson several times? A. Two or three times—he gave himself into custody afterward, and was very anxious that the man should take some money for the property that was lost.
JOHN CRABB . I am a carman. I was employed by the prosecutor to go and get his boxes—I went to Nunn's, and then to the Salmon and Ball Inn—I saw the prisoner—he said, "If you will come with me you shall have the boxes, as you have got the money"—I gave the money to Nunn, and they went off together to get the boxes—when they came back Mr. Hay said they had broken open his boxes—he said he should see them on a future day, and they went one way and one another—they did not go away in haste—I paid the 5l.
MR. PAYNE to JAMES HAY. Q. What were the things missing out of your boxes? A. Seven pairs of trowsers, two waistcoats, two flannel shirts, and other articles that I could not exactly mention, one cravat, the same as I have now round my neck—I had seen them not quite an hour before they went out of the ship.
WILLIAM JONES . I live at Barking. I saw the prisoner bring the things to my house about eleven o'clock at night—I was at home when they were fetched away—a strange man came to my house for them—I asked where Wilkinson was—he said he was tipsy in the cart, and I heard somebody speak in the cart, and I gave them up—they were all right, just the same as they came into the house.
SARAH JONES . I saw the prisoner bring the boxes—I do not know who came for them—there were two men—I only saw one, the other one stood at the gate—I was in doors—I knew the prisoner before—he was one that brought the boxes, but he was not there that I know of when they were taken away.
Cross-examined. Q. Neither of the persons that you saw was the prisoner at the bar? A. No, they said he was tipsy in the cart.
JAMES WHITE (police-sergeant K 13.) I saw Wilkinson when he was brought in custody on Tuesday night, the 5th of September—I was there when the conversation was going on with the Inspector and him—he said he rowed ashore at Barking, in consequence of there being some smuggled goods, and went down alter them the day following, and he returned them—the Inspector said, "You had better not say any thing more, or perhaps it may be used against you"—Mr. Hay not being present
he was allowed to go till the next day at twelve o'clock, when he came, and was charged—in going to the police-office he suddenly turned round and said, "Mr. Hay and I have made it up, provided I return him all the property"—I said, "The case must go before the Magistrate. "
Cross-examined. Q. He was allowed to go, on condition of his coming again the next day, and he did come? A. Yes.
JAMES PHILLIPS. I have been in custody for this offence, and the Grand Jury threw out the bill—these boxes were put into Wilkinson's boat, and taken to Barking Creek—I did not get the goods back—I never saw them since—when I saw them last they were quite safe, about eleven o'clock when they went on shore—I went to Barking for them the third day, bnt they were gone.
Cross-examined. Q. Are you acquainted with the stewards of the ship Java? A. Yes—I sailed a voyage with them—I live at No. 8, Coal harbour, Black wall.
GUILTY . Aged 23.— Transported for Seven Years.
Before Mr. Recorder.
THOMAS RICHARD HOLDER . I am apprentice to John Moore, a butcher, in Nelson-street, Greenwich. On the evening of the 19th of August I was standing outside the shop, and saw the prisoner waiting as I thought to buy some meat—I asked her what she would buy—she asked me the price of a piece of veal—I did not know the price—she put it inside—our young man was weighing some veal—she went in, took a piece of beef, put it under her shawl, and came out—I took hold of her arm, and said, You have a piece of beef"—she then threw it on the step of the next door, and said she had no beef, and had not seen it—I gave her into a witness' charge, and went down the step and picked up the beef.
Cross-examined by MR. CLARKSON. Q. What time was this? A. Half-past seven o'clock—she threw the meat down on the step of a linen draper's shop next door—there was only one person in the shop besides the prisoner and my fellow apprentice—another young lad was outside with me watching the shop.
FREDERICK COLDEROY . I am in the prosecutor's employ. I was standing outside at the corner—the prisoner was asking about a bit of veal—she went inside the shop and took a piece of meat up, put it under her shawl, and went outside—Holder stopped her, and she threw it down on the step of the next door—a policeman was sent for, and she took a piece of bacon out of her basket and threw it down.
Cross-examined. Q. How long have you lived with Mr. Moore? Two months—the name of Moore is over the door—I have heard say his name is John—he is not here—his wife calls him John.
(The prisoner received an excellent character.)
GUILTY. Aged 60. Recommended to mercy .— Confined Seven Days.
BENJAMIN LOVEL (police-constable R 15.) On the 29th of August about half-past six o'clock in the morning, I saw the prisoner in the Lewisham road with this bag—he passed me, I followed him, and asked what he had in the bag—he said, "A few turnips and some apples"—I asked where be got them—he said from Waltonby (this was twenty miles from Waltonby)—I put my hand into the bag and felt the ducks—I asked where he got them—he said his father-in-law gave them to him—they were warm and said he left Waltonby the day before.
THOMAS BLANCHETT . I am bailiff to Mr. John Green of Eltham, I have examined these ducks, and know them by marks on the feathers they are both exactly alike—my master had ducks about two years old and we missed them the day the man came to tell us he had found some—these are just like Mr. Green's ducks—I can swear to them to the best of my knowledge—I have no doubt they are the same.
Prisoner. They were not his ducks—I brought them from my father. in-law—they were not warm, only as I kept them against my breast-in wife's friends live at Waltonby.
Prisoner. They were quite stiff—they had been killed the day before.
NOT GUILTY .
GUILTY . Aged 65.— Transported for Seven Years.
GUILTY . Aged 14.— Transported for Seven Years.
Before Mr. Serjeant Arabin.
SARAH ADAMSON . I am an unfortunate girl, and live at Woolwich. I saw my gown safe on Monday, the 21st of August—I sent it to my mother‘s to wash, but she was not at home—I went to Greenwich to see a rowing match—the prisoner is an unfortunate girl, and was at my room—she said she had run away from her mother—this is my gown—(looking at it)—I am certain I never allowed her to take it—I have sent her to pawn several things for me, but never sent her with this gown—my mother was not at home when it was taken.
CAROLINE ADAMSON . I am cousin to the last witness, and life with my mother—the gown was at my aunt's—the prisoner came there and said Sarah did not want the gown washed, and she took it without my leave.
Prisoner. She gave me the gown to pawn for 3s. Witness. I did not—she took it off the table—I stop with my mother who goes out washing.
Prisoner's Defence. The prosecutor owed me 3s.—I wanted the money, she could not give it to me, and I took the gown to pawn to buy a pair of shoes.
NOT GUILTY .
SARAH MATTHEWS . I lodge in Bryan's-yard, Greenwich. I never saw the prisoner till she was in custody—I left my gown behind the parlour door of my house—I rent the house myself—I went into the town about nine o'clock, to fetch some articles from where I work—the policeman fetched me about half-past ten, and said the gown was stolen—I found it at the station-house—I had left my sister-in-law at home with two children—this is the gown—(looking at it).
ELIZABETH WILLIAMSON . I live with the prosecutor, who is my sister in-law—I was at home—the gown hung behind the door—I went out at half-past nine o'clock, leaving it safe, and a little boy nine years old, and a little girl of five at home—the room is on the ground-floor—the door goes with a spring-lock—I did not fasten it, but drew it to—when I re turned the gown was gone—the prisoner's daughter has done a little work for me—she lives close to us—I am a dressmaker—both the children were fast asleep.
WILLIAM CONWAY . I am a policeman. On the 19th of August I received information that a gown was stolen—I saw the prisoner and her daughter in the wash-house of a house—the place was dark, and I suspected them as there was an alarm—I sent Williamson to look for the prosecutrix, and then saw the prisoner come out of the out-house with a bundle, with her daughter—I said I must search them—she returned into the house—I said I must search it—I took a candle, and searched all round the place—I then told her to step aside, and picked up the gown from where she was standing.
(The prisoner put in a written defence stating that her daughter had brought a bundle into the house—that the gown was not found under her, and the was ignorant how it came into the house.)
WILLIAM CONWAY re-examined. I said, "I have come to search for a gown"—she said I might search, when she found I was determined—when she stepped aside the gown laid under her—she wanted me to search the house, but I searched the wash-house.
(The prisoner received a good character.)
GUILTY . Aged 50.—Recommended to mercy.— Confined One Month.
Before Mr. Recorder.
MARY CAVANNAH . I live in East-lane, Greenwich. On the evening of the 1st of September the prisoner was at my house with a college-man, and asked if I could let a lodging for the night for her and her husband—I went into the room in the morning, but she was not dressed, and I went down stairs—she afterwards left without telling me she was going—I went up between nine and ten o'clock, and my sheet was gone—it was safe when I saw her in the room—the college-man was gone when I saw it safe—I saw the prisoner the same morning in Bear-lane—I took hold of her, and charged her with taking my sheet—she denied it—she went out of the public-house very quietly with me, but began to hesitate when I said I should give her to a policeman, and she got away—I told the policeman of it.
eleven o'clock on Saturday, the 2nd of September—she denied any know ledge of the sheet.
CHARLES REED . I am an apprentice to Mr. Harker, a pawnbroker at Greenwich—on the morning of the 2nd of September the prisoner came and offered a cotton sheet in pawn for 3s.—I offered her 1s. or 1s. 6d.—she said she would go out and see if it would do for the party who wanted it—she came back, and said, no; that would not do—I know the sheet produced to be the same.
(Property produced and sworn to.)
GUILTY . Aged 50.— Confined Three Months.
Before Mr. Justice Vaughan.
2237. RICHARD WILSON was indicted for stealing, on the 27th of August, at St. Nicholas, Deptford, 1 purse, value 1s; 3 sovereigns, half-crown, and 1 £5 bank-note, the goods, monies, and property of Charles William Wilson, in the dwelling-house of our Lady the Queen.
CHARLES WILLIAM WILSON. I am a corporal in the 1st Royal Artillery. On the 26th of August, in the evening, I was in the barracks in the Dockyard, at Deptford—I had a little party in sergeant Hampton's quarters—the prisoner is a private in the Rifle Brigade—he came to the barrack sergeant's quarters between ten and eleven o'clock, and remained with me about an hour—he then went down to the guard-room, to get another man to take his duty as sentry—he returned between eleven and twelve o'clock, and remained there till about twelve, and then he was called to go on sentry, and went away—I saw him on sentry at two o'clock in the morning, when I went out to see some females home—I returned about a quarter of an hour after, and went to bed, (he was on sentry then,) and Sergeant Hampton went to bed also—my purse was in my pocket when I went to bed—the last time I saw the money in it was at eleven o'clock—there was then one £5 note, three sovereigns, and some silver—it was in my trowsers pocket—when I vent to bed, I put the purse and trowsers under my pillow—I went to sleep, and awoke at seven o'clock in the morning—I found my trowsers lying over a chair, and my purse and money gone—I was sober enough to know what I was about—I am quite sure I put the trowsers under my head—I searched all about, but could not find the money—I sung out to Sergeant Hampton, who slept in the next room, and told him—he said, "You must Lave lost it outside somewhere"—I said, "Perhaps I might"—I said because I would not cast any reflection on my friends, to suppose they had robbed me—I reported the circumstance to the commanding officer, as we had suspicion of the prisoner—I have since seen the £5 note at the Bank—I am sure it was my note—I know it by "Ladbroke 3—8 37" being written on the back of it—Mr. Gould wrote that on it in my presence, at Ladbroke's—I am quite sure it is the same note—the prisoner knew I had money about me—everybody knew it—I had a legacy of £58 left me by a relation, and this was part of it—I was giving a treat before I went away—nobody slept in the room with me.
Cross-examined by MR. PAYNE. Q. Where did Sergeant Hampton sleep? A. In the next room, with his wife—there is a boarded partition and a door between his room and mine—a person in his room could hear any noise in mine, if they were not asleep—I remember putting my trowsers under my head—I am quite sure I was sober enough to know what I did—the party commenced about seven o'clock, and was over little after two o'clock in the morning—I got to bed about a quarter to
three o'clock—I had not been drinking all that time—not to make myself beastly drunk—I went to see the females home to Broomfield-place, I—was only gone about a quarter of an hour—I only took them to their door—Sergeant Hampton is not here—there was a sentry on duty in the room under—they are put there to see that nobody goes in and out—I am no relation of the prisoner—I had drank a little sherry and some beer, but no spirits that evening.
JAMES CLAYTON . I keep the Plasterer's Arms in Seymour-street, Euston-square. On Sunday evening, the 27th of August, I believe, the prisoner came to my house with a friend, and wanted tea—they went into a private room and had the tea—he staid there about an hour, and paid 1s. for his refreshment—he gave me a £5 note to change for him, and I give him change—I put the note into my desk until tea was over, and then paid it over to Mr. Sherwin, who was drinking tea with me—I gave him three £5 notes and fire sovereigns—I am quite sure one of the notes I gave him was what I had from the prisoner—I should not know it again, as I did not take the number nor date—all I know is, I paid Mr. Sherwin the same note I took from the prisoner—the prisoner did not tell me then how he came by it, but I believe, before be went away, he said he got it by a fight—he had a black-eye at the time.
FREDERICK WILLIAM SHERWIN . On Sunday, the 27th of August, I was at the Plasterer's Arms, in Euston-square, and received from Clayton: three £5 notes and five sovereigns—I saw the prisoner in the house at the time, and I saw him tender a £5 note to Clayton—I took notice of the note I—thought somebody had written on the back of it, and the ink had stained all through—I am quite sure Clayton gave me the same note as the prisoner gave him—I examined it when it was in my possession—the writing was on the face—I paid it to Mr. William Alders.
Cross-examined. Q. How soon after you received it did you pay it to Mr. Alders? A. About five minutes after twelve o'clock on the following day, I paid him two £5 notes—I did not notice the note in Clayton's hands, but when it was on the table, and he was giving change, I noticed it, and noticed the same mark on it when he paid it to me—I only speak to the note from that mark—I did not examine it further.
COURT Q. Look at this, and tell us, can you swear that it is the note? A. I can, from the tear I made in this comer and the mark in the centre, the name of Ladbroke—I have always been sure it was the same note—I have every reason to believe it is the same—I have no doubt of it.
WILLIAM ALDERS . I am a cement-maker. On the 28th of August I received two £5 notes and three sovereigns from Mr. Sherwin—this is one of the notes—I know it by writing his name on the back of it myself—I have not the slightest doubt about it—I have written the date also.
ROBERT DUNN . I am a policeman. I was employed to apprehend the prisoner—I took him on the 2nd of September, in her Majesty's Dockyard, at Deptford—he said he thought I should have been after him before—I told him I knew nothing of it before, and did not know the Particulars of the case then—he then said, "I will tell you all about it"—told him to be careful, as what he said I should be obliged to mention again—he then stated that there had been a ball at the barracks, and he had been to the ball, that it was his turn to go on sentry from twelve to two o'clock, but he got another man to take his duty, and he went on duty from two to four o'clock, at which time the prosecutor some females and a sergeant went out at the gate he was sentry at—and after
they had gone out, he happened to be looking on the ground and picked up the note—I had not mentioned anything about a note, not knowing the charge—while before the Magistrate, under examination, he said he charged the note in London, but did not say where.
CHARLES WILLIAM WILSON re-examined. This is one of my notes—I am certain it was the one I had under my pillow—I had other notes, but not in my purse—I slept in Sergeant Hampton's apartments, in the barracks—they belong to the Dockyard, and are inside the Dockyard gates.
WILLIAM GIBSON . I am a private in the Rifle Corps. On the 26th of August, in the evening, the prosecutor gave a party, and about ten o'clock he came down, and asked the prisoner to go up and join them—the prisoner went up rather before ten o'clock, and came down directly afterwards, and said it was his turn for sentry at twelve o'clock, and if I would go on sentry for him he would reward me—I said I had no objection, if the corporal gave me leave to take his duty, and he take mine, which he did; and at two o'clock he relieved me—after the prosecutor had returned from going out, the prisoner came into the room to us, and asked us if we would have any thing to drink—and after that, the prisoner went up stairs to Sergeant Hampton's quarters, and asked them to give him something to drink—he came down, and said they would not give him any—"But" said he, "hold your tongue, there is a pie on the table, I will have that"—and he said "They are looking after the key, but I have secured it," meaning the key of Sergeant Hampton's quarters—next morning I asked him what he had done with the pie, and he said he did not know, he could not find it.
Cross-examined. Q. What did you do after the conversation about the pie? A. I laid down and went to sleep—I have been servant to Colonel of the regiment—I am not so now—I was turned away on suspicion of robbing him, but they could find no proof of it—I was not before the Magistrate—I spoke about this on the Monday following—I did not tell the conversation about the key then—I told that last Saturday to colour sergeant Miller—he is not here—Peter Haggery and corporal George Smith were in the guard-house at the time of the conversation about the pie and the key, but I cannot say whether they heard it—they were lying down—I am not sure whether they were asleep or not.
JURY to CHARLES WILLIAM WILSON. Q. When you put your trowsers under your pillow did you see the £5 note in the purse? A. No,1 did not say that—my purse has not been found.
Prisoner, Between ten and eleven o'clock he went to fetch beer from the public house. Witness. Yes, I fetched one half-gallon of beer to the guard-room—I paid for that in silver—I was quite sober then.
GUILTY . Aged 30.— Transported for Life.
Before Mr. Justice Patleson.
2238. WILLIAM GILES, JAMES MOORE, JAMES M'CONACHY , and JOSEPH ANDREWS , were indicted for burglariously breaking and entering the dwelling-house of Henry Whiffin, at St. Paul, Deptford, about the hour of one in the night of the 19th of August, with intent to steal, and stealing therein, 2 cruet tops, value 5s.; 3 pencil cases value 10s.; 1 brooch, value 9s.; 2 vinagrcttes, value 14s.; 1 snuff box, value 10s.; 1 ear-ring drop, value 4d.; 1 purse, value 6d.; 2 handkerchief value 2s.; 13 spoons, value 5l.; 1 thimble, value 6d. ', 1 coat value 10s. 1 cloak, value 2s.; 2 gowns, value 2l. 10s.; 1 apron, value ls.; 4 scarfs value 11s.; 1 cruet frame, value 5l. 1 mustard pot and spoon, value 5l 1 pair of spectacles, value 5s.; 1 wine strainer, value 1l.; 1 pin cushion, value 6d.; 1 tobacco stopper, value 6d.; 1 pair of snuffers, value 5s.; and 1 pair of sugar tongs, value 10s.; his property: 1 thimble, value 6d.;6 Keys, value 1. 6d.; 2 handkerchiefs, value 2s.; 1 purse, value 5s.; 1 pair of scissors, value 1s.; 1 knife, value 1s.; 6 sovereigns, 14 shillings, and the sum of 1s. in copper monies; the goods and monies of Frances Puig; and that Giles had been before convicted of felony.
MR. PRENDERGAST conducted the Prosecution.
FRANCES PUIG . I live at Deptford, with my son, in the house of Mr. Henry Whiffin, in the parish of St. Paul, Deptford. On Saturday, the 19th of August, the house was all sale when I went to bed, which was with in few minutes of twelve o'clock—the fastenings of the house were secure as usual—they were quite safe—the windows were not fastened, but the window in question was down, and the Venetian blind over it—that is a window on the first floor landing-place—it was not fastened, but pushed close down and the blind was down over it—my servant, my baby, and myself were is the house on this night—I went to bed, and heard a noise, as I fancied, about two o'clock—I bum a rush-light, but it was gone into by some means, and I was rather surprised at it—I sat up a little time in bed to listen, and after listening some time I heard a second noise over my head, like the fire-irons falling down—I instantly got out of bed, and gave the alarm—I went down stairs, and into the street, as far as the chapel—I went out at the front of the house—I saw one of the railway policemen—I did not see any person go from the house—as soon as I got hold of the policeman's arm, he supported me, and brought me home—I was confused, and could scarcely see, but when 1 returned to the house I observed the window which had been down was open, and the two back doors I found open—those doors had been secured the night before—I discovered that the house had been robbed—I missed some of my own property—my packets were turned inside out, and empty—they were the pockets which I wore—I missed my purse, with six sovereigns in it, and some silver which I had in my pocket, and every thing which had been in it—they had been on a chair the night before, at the foot of my bed, in my own bed room—I have since seen the purse and some of the property. M'Conachy, Q. Which way did the thieves break into the house? A. I cannot say, but the window was open, and I found the two back doors open—I did not observe that the bolts were broken—nor was the win dow that I know of.
ROSETTA ANN WELLS . I am servant to Mr. Whiffin. On Saturday, the 19th of August, I was sleeping in the house, and about one o'clock I heard a noise—I remained still, and heard it again—I got up—the noise appeared down stairs—I thought at first it was in the parlour—I after wards heard the noise repeated—I then heard it in the kitchen—I got out of bed, listened, and looked over the bannisters on the landing—I saw somebody's hand placed on the bannisters, and a flat candlestick in his and—I could not see who it was—I listened again, as I thought it might I went to bed again, and about a quarter after two o'clock I heard a noise again in the room under me, which is a bed-room, but no body sleep there—about three o'clock, or twenty minutes after, I heard Mrs. Puig—I did not raise any alarm till I heard her—I did not hear her voice—I opened the window and saw her outside—I asked if it was Mrs. puig, and she answered me, and I raised an alarm—my window is at the back of the house—Mrs. Puig went down the garden—I saw a man get up a tree when she was going down the garden—the tree was near the wash
house—I saw another man get up the wall—I then gave an alarm—I did not see what became of the man who got up the tree, as I went down stairs, leaving the window—the railway flags are on the other side of the wall; where the other man was getting up—a person might get from the tree on to the wash-house, through a timber-yard, and on to the rail road—I had seen nothing but the hand and candlestick on the bannisters—that was all I saw at that time—I got into bed after that, and afterwards saw a man come up stairs with a lantern while I was laying in bed—I had put the' door wide open on purpose to listen—he stood on the top stair and looked round—he did not come on the landings—he did not do any thing—he stood there a moment or so—I did not know what to do, whether to say any thing—I closed my eyes for fear his eye should catch mine and turned round and