CENTRAL CRIMINAL COURT
TWELFTH SESSION, HELD OCTOBER 23, 1837.
MINUTES OF EVIDENCE.
Taken in Short-hand.
GEORGE HEBERT, CHEAPSIDE.
WILLIAM TYLER, PRINTER, BOLT-COURT, FLEET-STREET.
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 William Bolland, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir John Bernard Bosanquet, Knt. one of the Justices of Her Majesty's Court of Common Pleas; Sir Thomas Coltman, Knt., one other of the Justices of Her Majesty's Court of Common Pleas; George Scholey, Esq.; Samuel Birch Esq.; William Venables, Esq.; Sir John Key, Bart.; Aldermen of the said City; the Honourable Charles Ewan Law, Recorder of the said City; John Cowan, Esq.; Sir Chapman Marshall, Knt.; James Harmer, Esq.; Thomas Johnson, Esq.; John Pirie, Esq.; Thomas Wood, Esq.; John Lainson, Esq.; James White, Esq.; and John Humphery, Esq.; Aldermen of the said City of London; John Mirehouse, Esq., Common Sergeant of the said City; and William St. Julien Arabin Sergeant at Law; 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 JORORS.
CENTRAL CRIMINAL COURT.
KELLY. MAYOR. TWELFTH SESSION.
A star (*) denotes that the prisoner has been previously in custody—An obelisk (†), that the prisoner is known to be the associate of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, October 23rd, 1837.
First Jury, before Mr. Recorder
GUILTY on the 2nd COUNT.—Aged 25.— Confined Twelve Months.
2177. THOMAS BROWN and JOHN GARDENER were indicted for stealing, on the 16th of October, 7 shirts, value 15s.; 3 cravats, value 3s.; 3 bed-gowns, value 5s.; 4 shifts, value 4s.; and 1 pillow-case, value 1s.; the goods of George Hodgson Thompson, Clerk.
MR. CLARKSON conducted the Prosecution.
RACHEL CLARK . I am laundry-maid to the Rev. George Hodgson Thompson, he is clergyman at Tottenham. On Monday, the 16th of October, I hung some linen on a line in my master's orchard, at eleven o'clock—there were some shirts marked G. H. T., some neckcloths, some boys' shirts, and night-gowns, some ladies' apparel, and some pillow-cases—about two o'clock I received a communication from my mistress, and missed all these articles from the line—I saw them again last Wednesday at the watch-house—they were the things that I had hung up in my mater's orchard.
WILLIAM HENRY THOMPSON . I am five years of age, I go to school. I remember last Monday being in my father's orchard, after dinner—I saw the linen banging on the lines—I saw a man standing at the line—I only saw one man—he had got a bag with him—it was a green one, I think—he put the linen into the bag—I called out to him—he said, "I am going soon"—I ran to tell my papa what had happened, and the man ran away before I got back—he went over the wall.
JAMES PERRYMAN . I am gardener to the prosecutor. On Monday last, between one and two o'clock, I received information from one of my master's children—I went to the orchard and down a field, across another field, into the high road—when I got there I saw a man going up the high road with a bag on his back, apparently a green bag—he was on the footpath going on to Stamford-hill, towards London—I lost sight of him—I afterwards saw Brown in custody—I am not able to say he is the man—he was such a man
in point of height and size—I received from Prior a bag containing my master's linen.
THOMAS PRIOR . I am a labourer on the road at Stamford-hill. On Monday last, between one and two o'clock, I saw Brown—he passed me with a green bag, with a red string in it—part of it was on his shoulder—and when he came a good way he took it down in his hand—he was making his way very fast—I turned myself round and saw a lot of people coming up the road, and I saw Brown put the bag over Mr. Collins's fence—I thought there was something not right, and I pursued him directly—he made his escape from the bag as quickly as he could—he rolled over the fence after the bag, and I got after him—he per the bag into a shrub tree, and then ran across the field—I took the bag out; and gave it to the gardener—I am sure Brown is the man.
THOMAS PERRING . I am gardener to Mr. Group of Stamford-hill. In consequence of the alarm, I joined in the pursuit, and succeeded in taking Brown into custody—I had seen him before with a green bag on to shoulder—he had not got it when I took him—I took him in Mr. Collins's kitchen-garden—I pursued him about a quarter of a mile—he went oven fence, across a field, over a new fence, and over a wall, into Mr. Collins's garden, where I took him.
RICHARD HINCHLIFF . I am a labourer at Tottenham. Last Monday was at work there—I saw both the prisoners about ten minutes past one o'clock, near to Mr. Thompson's, as I was going in at the gate—they could not see the orchard from where I saw them—they were in company, and in conversation—one of them pointed out to his companion to go downs back way, which would lead to the orchard—they were about 200 yards from it.
Gardener, I was not with this prisoner—I came from my sun's at Nazing, and was going to Hackney—I had taken a wrong way, asked him to direct me. Witness. I had seen them walking together for fifty yards.
GEORGE COVENTRY . I am a green-grocer. I happened to be passing Mr. Thompson's about two o'clock last Monday, and hearing what was lost, I looked about, and saw the prisoner Gardener stooping under a hedge near Mr. Thompson's, and running for near 200 yards—he appeared to be endeavouring to conceal himself, and to make away—I laid hold of him and took him into custody.
Gardener. I could not walk under the hedge—there was a ditch there Witness. He was about 200 yards from the orchard when I first saw him—I saw him come out of the back road, and going under this hedge.
JOSEPH FORSTER . I am a constable. I produce the bag and linen—was before the justice—there was no clerk present—I heard the evidence given—I heard Brown asked if he had any thing to say—he was informed of the consequence of saying any thing, and so was Gardener—I put my name to the statement made by the prisoner Gardener—this is it—it was taken down from his mouth by the Magistrate, and read to him—(read) "Thomas Brown being asked whether he was guilty of having feloniously taken away the linen as specified by the complainant, says, 'I am not guilty,
I never had any linen in my possession.' John Gardener says, 'I never taw him till I was taken into custody.' "
Brown's Defence. I am quite innocent—I never saw this other prisoner before.
BROWN— GUILTY .—Aged 21.— Transported for Seven Years.
GARDENER— NOT GUILTY .
WILLIAM WOOD . I am in the employ of Edward Gaubert, a book and shoe maker, who lives in Lawrence-lane. On the morning of the 30th of September I was at the back part of the shop, and saw the prisoner run rat of the shop—I ran, and caught his coat—he dropped 2 pairs of boots about half-a-minutes walk from the shop—I took them up, and taw the officer with the prisoner—I am sure he is the man.
Prisoner. I was walking along when the officer took me—I never saw the boots nor yet him till the officer took Mr. Witness. Yes, you did—you said, There are the boots."
CHARLES INMAN . I am a patrol of Cripplegate. I was in Aldermanbury on the morning of the 30th of September, and saw the prisoner in Fountain-court—I heard a cry of "Stop thief," and the prisoner was running—that was about 50 or 60 yards from the prosecutor's—I Stopped him, Wood came up, and identified him.
Prisoner. I never offered to run.
(Property produced and sworn to.)
GUILTY . Aged 20.— Transported for Seven Years
OLD COURT.—Tuesday, October 24th, 1837.
Second Jury, before Mr. Recorder.
2179. ALEXANDER FLETCHER JOHNSTON , and HENRY WILLIAM MOAT , were indicted for feloniously forging and uttering a request for the delivery of two reams of printing demy paper, with intent to defraud John Dickenson and another.
WILLIAM MILES . I am warehouseman to John Dickenson and Charlas Longman, wholesale stationers, No. 65, Old Bailey. On the 7th of October, the prisoner, Moat, came to the warehouse alone, and brought this order for 2 reams of printing demy, the same as was used by Mr. Virtue of Ivy-lane—I gave him the goods—(order read)—"Please let the bearer have 2 reams of printing demy, about 20lbs., the same as Mr. Virtue has. William Johnston, Lovells-court, Paternoster-row"—ire brought another order on the 10th, and was apprehended.
WILLIAM JOHNSTON . I am a printer, and live in Lovells-court, Patermoster-row—there is no other of my name there. This order is not my writing—I did not give the prisoner, Moat, or any body, authority to write it he did not bring the paper mentioned in the order to me, to my know ledge—there might have been paper brought that I did not know of, but I have no knowledge of any paper of this sort being brought—Moat had worked for me about a fortnight before for 8 or 9 months—I never gave any body authority to write an order in my name—I always deliver my orders to Mr. Dickenson myself—I do not think the order is the handwriting of either of the prisoners—Moat is not related to me—Johnston is my son.
THOMAS HERDFSIELD . I am an officer. On the 10th of October I took the prisoner, Johnston, into custody in the Old Bailey, and as I went along with him to the Compter, he said, of his own accord, that it was his father's fault for not relieving him—next day, before the Magistrate, the order was shown to his father to know if it was his handwriting, he said, "No"—the prisoner said—"It is my handwriting, and that is my father's."
WILLIAM JOHNSTON re-examined. I do not think this is my son's writing—I have examined it, and do not believe it to be his—I believe he spoke under excited circumstances, thinking if he said so I should be obliged to pay for the paper.
MOAT— GUILTY of uttering. Aged 22.
JOHNSTON— NOT GUILTY .
WILLIAM MILES . I am warehouseman to John Dickenson and Charles Longman, wholesale stationers, 65, Old Bailey. On the 10th of October, the prisoner, Moat, brought me this order—(read)—"Please let the beam I have 3 reams of demy, the same as I had on Saturday, for Williams Johnston"—I had supplied Mr. Johnston with a good deal of paper on Mr. Virtue's account before—I did not deliver this, having ascertained that the first order was a forgery—I detained him—I saw nothing of the prisoner Johnston.
WILLIAM JOHNSTON . This order is not my handwriting, nor was it written by my authority—I have no belief as to whose handwriting it ii—I do not believe it to be the handwriting of either of the prisoners—I have examined both their handwritings—Moat had left me about a fortnight before—I never gave him orders for goods—my son has left me since May last.
WILLIAM HERDSFIELD . I apprehended Johnston—when I first went into Mr. Dickenson's house, the first word Moat said to me was, "If you will to the door you will see a man with a stick in his hand and a jacket; you will get the right person"—I went, and found Johnston by Williams's eating house, opposite Mr. Dickenson's—when he was going up the Old Baily, he said it was his father's fault for not relieving him, and at the justice-room he said the order was his handwriting—both papers were produced at the time—I took him about twenty yards from Mr. Dickenson's house—he was going down past the door towards Ludgate-hill, going away—there was nothing to prevent his being at the door when Moat entered—he would have had time to get that distance, if he had been at the door.
(The prisoner Moat received a good character.)
JOHNSTON— GUILTY . Aged 23
MOAT— GUILTY . Aged 22.
Of uttering Transported for Seven Years.
(There were other indictments against the prisoners.)
2181. LIPMAN ISAAC MALHOUSEN and JOHN MOWBRAY were indicted for feloniously forging, on the 6th of September, at St. Dunstan in the West, a certain order for the payment of 6l. 17s., with a like intent to defraud William Tyringham Praed and others.—2nd COUNT, for feloniously uttering, disposing of, and putting off the same, with a like intent.
STEPHEN BARTLETT . I am a clerk in Messrs. Praed's Banking-house, in fleet-street On Wednesday, the 6th of September, I saw the prisoner Mowbray—he presented this cheque, and said he brought it from a person. waiting outside the door—he presented this note at the same time—the prisoner Malhousen was brought into the house by one of the clerks—Mowbray said he was the person who he received it from, and both were given into custody—Malhousen was on the step of the door—(note and cheque read)—"To Messrs. Preads and Co., 189, Fleet-street.—Sir, Having no cheques in the book, and Mr. Jones wanted one to be drawn on my banker, so I thought, being a small account, I would send him with that he has got—I shall send somebody for a cheque-book—for Henry Samuel, Henry Cookes."—"London, September 5th, 1837.—Messrs. Preads, Mackworth and Co.—Please to pay to Mr. T. Jones the sum of six pound seventeen shillings—H. Samuel, 32, Leman-street—£6 17s."
COURT. Q. The cheque is not payable to bearer—would you have paid it on that account? A. No—Mr. Samuel had funds in our house—we have paid cheques without the words or bearer," but we are Hot bound to do so—I never paid a cheque which says pay to a particular person, without saying or bearer"—the prisoner Mowbray did not represent himself as Mr. Jones, nor did the other prisoner—we should not hold ourselves liable to the payment.
HENRY SAMUEL . I live at No. 32, Leman-street, Goodman's-fields, The prisoner, Malhousen, is the nephew of my late wife—he lived with me about three years, and left me about three weeks before the 5th of September—this cheque is not signed by me or by my authority—I was not In England at the time—I do not know whose handwriting it is.
Cross-examined by MR. CLARKSON. Q. How old is Malhousen? A. I believe is nearly twenty-one—I am a tobacco-manufacturer and cigarmaker—he lived with me about two years, and left me three or four weeks before I went abroad, which was about two months ago—during the three years he was with me his conduct was honest—he was in very distressed circumstances when I went abroad, I believe he had scarcely clothes to cover him—I relieved him before I went abroad, and gave him a couple of sovereigns—he was in a very bad state—I do not knew that he had applied to go to sea.
ROBERT MASON (City-police-constable No. 91.) I searched the prisoner, Malhousen, and found on him another cheque, and a paper with four signatures on it—the cheque is for the same amount, drawn on the same day—(read)—"London, September 5th, 1837.—Messrs. Preads, Mack worth, and Co-Please to pay to Mr. T. Jones, or bearer, the sum of sue pounds seventeen shillings—H. Samuel, 32, Leman-street,—6, 17s. "—on the Paper was written H. Samuel" four times.
JOSEPH MARTYN . I am inspector of the City-police. The prisoners were bought to the watch-house—I went to the room Malhousen was in, and told him I understood he was charged with forgery—he said, after hesitating a minute or two, I have done it from distress; I have had no victuals to eat for the last twenty-four hours; I got the other man to pass the cheque as my appearance was so shabby it might excite suspicion"—I told him I did not wish him to say any thing to hurt himself—he said the other prisoner did not know it was a forgery, but he got him to present it because his appearance was better than his, and he lived in the same house.
Cross-examined. Q. Was Malhousen's appearance very deplorable? A. It was most wretched, certainly.
STEPHEN BARTLETT re-examined. Mr. Praed's Christian names are William Tyringham—there are more than two partners—nothing was said about the name of the party who presented the cheque—I asked Mowbray who he brought it from—he said, "A person waiting outside"—at first he hesitated, and pointed to the cheque, and said, "From that party"—he then said the party was outside the door, waiting on the step—our clerk went out and brought Malhousen in.
Mowbrays Defence. I received the cheque from my fellow-prisoner and knew nothing about it—I thought it was all right.
(Benjamin Cohen, hat-manufacturer, 50, Chambers-street, Goodman's fields, and William Webster, of St. George's-place, Newington, deposed to the prisoner Malhousen's good character.)
MALHOUSEN— GUILTY. Aged.—(Strongly recommended to mercy on account of his destitute condition.) Judgment Respited.
MOWBRAY— NOT GUILTY .
JOHN FARMER . I am patrol of Farringdon Within. On the night of the 7th of October I saw the prisoner in St. Paul's-churchyard—I watched him, and saw him go into Mr. Rivington's shop and bring out two books in his hand, and directly he got outside he put them under his coat—I took him into custody, and took him into Mr. Rivington's—he had no books when he went in.
JOHN BORLAND SAUNDERS . I am shopman to John, George, and Francis Rivington, booksellers, in St. Paul's-churchyard. On the night in question, when the officer came in, I missed two books, which he produced—they had been on the counter—they are two volumes of different works and are worth 21s.
Prisoner. I was in great distress—I have a wife and daughter, and had no employment for a long time.
GUILTY. Aged 55.—Recommended to mercy. — Confined One Month.
2183. SAMUEL OAKS was indicted for stealing, on the 24th of September, 1 coat, value 18s.; 1 waistcoat, value 5s.; 1 handkerchief value 3s.; 1 lancet, value 1s.; 1 key, value 3d.; 2 shillings, and 3 pence in copper monies, the goods and monies of Griffith Pugh Williams.
GRIFFITH PUGH WILLIAMS . I am a surgeon, and live in Brewer-street Golden-square. At the time in question I lodged at 52, West-street, Smithfield—the prisoner lodged in the same room—I found him gone from the room on Sunday morning, the 24th of September, and missed my coat waistcoat, a black silk cravat, two shillings, a lancet, and the key of my trunk—I have since seen one key and a lancet—I value all the articles at about 30s.—he left behind him a piece of paper and an old waistcoat, and that led to his apprehension.
WILLIAM WILLIAMS . I am landlord of the house No. 52, West-street On the morning of the 24th of September I let the prisoner out of the house—he had no bundle with him—he had a jacket on—he could not return because I locked the door after him—he must have had the coat under his jacket—it was five o'clock in the morning.
in Farringdon-street, on the Wednesday following—I found on him a lancet and a key—I found an address in a piece of paper in an old waistcoat left behind, which led to information by which I apprehended him.
Prisoner. I found the knife and keys and a penknife wrapped in a piece of paper—the waistcoat left behind is not mine.
G. P. WILLIAMS re-examined. This is my lancet and key—the lancet was wrapped in paper, but the key was quite loose in my waist cost pocket.
WILLIAM WILLIAMS re-examined. He paid me for his lodging over night—it was impossible for any body to come down without my seeing them—I must let them out myself—about an hour after he was gone the prosecutor informed me he had lost the articles—I had many lodgers, but none of them went out besides the prisoner.
GUILTY . Aged 22.— Confined Three Months
GEORGE GARDENER . I am in the employ of William Smee and Sons, Little Moorfields. We have been missing brass-work for some time—directed my son to conceal himself in a cupboard in the warehouse where the brass-work was kept—in consequence of what he said to me when he came out of the cupboard, I went after the prisoner, who had gone out.
GEORGE GARDENER, JUN . I was put into the cupboard, and at two o'clock in the afternoon I saw the prisoner through" a hole in the cupboard come into the warehouse, take the brass rings off the floor, and put some (into his hat—I came out and told my father when the prisoner came out.
ALEXANDER ROBERTSON . The prisoner was in the service of a man who does iron work for Messrs. Smee, and was in the habit of coming to the warehouse—I saw him go towards the warehouse on this day with a bag on his shoulder, and he came out afterwards,
THOMAS RYDER . I live in Compton-street, Clerkenwell. The prisoner sometimes called at my house—on Friday, the 29th of September, be left a bag with me, and in consequence of what I heard, the bag was Inclined on the next day, and I found some papers of brass rings in it, which I delivered to the officer.
GEORGE GARDENER, SEN. , re-examined. We had parcels like these in the warehouse—I have examined them, and know them by the manner they are done up—they contain such rings as we lost—the prisoner had no business in the warehouse that day—he was there the day before, and we lost seven dozen—they are worth 4s. a packet,
(Hannah Barber of Garden-row, Brick-lane, and Thomas Corley, of Norman's-buildings, gave the prisoner a good character.)
GUILTY . Aged 20.— Transported for Seven Years
GEORGE HENRY DEAN . I was crossing London-bridge on the 10th of October, between six and eight o'clock at night, and felt a pull at my Pocket—I turned round and saw my handkerchief in the prisoner's hand—I
seized him and he dropped it—I took it up, and detained him, and gave him to a policeman with the handkerchief also.
Prisoner. I never had the handkerchief in my hand at all. I was coming along sharply—he turned round—I said, I beg your pardon sir; and he said, You have picked my pocket. "—Witness, He begged my pardon several times—I saw my handkerchief in his hand, and saw him drop it.
THOMAS HYDE . I was on London-bridge with the prosecutor, who said he had lost his handkerchief—he turned round and collared the prisoner who dropped it at his side—the prosecutor took it up, then took the prisoner to Fenchurch-street, and gave him to a policeman with the handkerchief
(Property produced, and sworn to.)
Prisoner's Defence. I was coming over the Bridge from the Borough—two young men were walking before me—they turned off, one one was and one another—the gentleman turned round and laid hold of me—I did not know what it was for—he went four or five yards from me, said picked up his handkerchief—I went on till he met the policeman, and gave me in charge.
MR. DEAN.—It was not half a yard from him that I picked it up.
GUILTY . Aged 22.— Confined Twelve Months.
GUILTY .— Confined Seven Days.
JOHN COXALL . I am a labourer at Uxbridge. On the 10th of October I saw the prisoners going down High-street, Uxbridge, a little before five o'clock—I know Mr. Joseph Dix's house—he sells clothes—I saw Drake take a jacket off a nail—Jones was with him, and walked away with him down the town—Jones could see what he had—he carried it openly before him—I went and told Dix what I had seen, and they went stopped about 100 yards off.
JOSEPH DIX . I am a clothier, and live at Uxbridge. On Tuesday afternoon, the 10th of October, I heard that a jacket was taken from my premises—the prisoners were brought to my shop—Drake had the jacket with him—it is worth 12s.—they had not been into the shop.
Jones's Defence.—I never took notice of what he was doing. I was walking along the path.
JONES— NOT GUILTY .
2187. THOMAS JOHNSON was indicted for stealing, on the 4th of October, 1 basket, value 1s. 6d.; 2 saws, value 14s.; 4 planes, value 1l. 2s.; 1 screw-driver, value 1s.; 6d.; 1 spoke-shave, value 1s. 6d.; hammers, value 2s.; 1 pair of pincers, value 1s. 6d.; 8 chisels, value 10s. 4 brad awls, value 10s.; and 7 gimlets, value 1s.; the goods of Thomas Morris.
WILLIAM WEBBER . I am a watchman of Farringdon Within Between five and six o'clock, on the 4th of October, I stopped the prisoner it Gutter-lane, with a quantity of carpenter's tools—I asked if they were his own—he said, no, he brought them for one Davis, a carpenter, who was gone a-head—I took him to the station-house.
THOMAS MORRIS. I am a carpenter, and live in Greenland-buildings, Tabernacle-walk. These tools are my property—I have the stamp which I marked them with—I left them in Moorgate-street on Tuesday night, and next morning, when I went to work, I missed them all.
GUILTY . Aged 30.— Confined Six Months.
2188. HANNAH LAMBERT was indicted for stealing, on the 11th of September, 2 shifts, value 6s.; 1 flat iron, value 6d.; and 1 bedgown, value 2s.; the goods of Edward Wisher, her master: and 2 shifts, value 4s.; and 1 pair of shoes, value 2s.; the goods of Mary Ann Wisher.
EDWARD WISHART . I live in Green-arbour-court, Lambeth-hill. The prisoner lodged in the top room, and used to nurse my wife when she was brought to bed—I missed these articles on the 25th of September—some of them belong to my daughter, Mary Ann.
Prisoner. My husband was out of work nine months—I had a summon for money that was owing—they said they would have the goods of his person—I thought it a pity he should go to prison, and offered to get them home on the Monday—he paid me nothing for nursing his wife. Witness. She had victuals and drink, and likewise money—I do not know bow much my wife paid her.
GEORGE KING . I am assistant to Mr. Grey, a pawnbroker, in Fleet-street I produce a shift which was pawned on the 11th of September, for 9d. by the prisoner—on the 15th, a shift for 1s.—on the 16th, two shirts, a shift, and a hand kerchief—and on the 22d. a pair of women's shoes, for 1s. 6d.—all by the prisoner.
JANE WISHER . I am the prosecutor's wife. The prisoner nursed me in my illness—she came down and did what she could—I paid her what she charged—she only came down occasionally—she eat and drank with us, and wanted for nothing as far as that—the articles were pawned for 11s. her husband is in a regular situation, and respecting the summons, she told me she had got the money for it—I do not believe she took ray property for that.
WILLIAM PERCIVAL (police-constable F 6.) I apprehended the prisoner on the 27th of September—I took her into the prosecutor's house, and questioned her, and she produced from her person several pawn brokers' tickets.
(Property produced, and sworn to.)
Prisoner. I should not have done it, if my husband had acted in a proper manner towards me—they know that he left me in distress.
MR. WISHER re-examined. Her husband says he did not leave her in distress—he lodges there now, and pays me his rent every week, but is out all day—I cannot tell how much I paid her, she sometimes had 1s. or more—her husband has kept the lodging on—she has no children—her husband never could trust her with money, shi was so fond of drink.
GUILTY. Aged 29.—Strongly recommended to mercy. — Confined One Month.
NEW COURT.—Tuesday, October 24th, 1837.
Fifth Jury, before Mr. Sergeant Arabin.
GUILTY. Aged.—Recommended to mercy by the Prosecutor, —
Transported for Seven Years.
2190. ANN ECCLESTON was indicted for stealing, on the 19th of August, 1 petticoat, value 6d.; 1 shift, value 6d.; 1 cap, value 3d.; 1 box, value 8s.; 1 bed, value 14s.; and 2 chairs, value 1s. 9d.; the goods of David Griffiths; and that she had been before convicted of felony.
JANE GRIFFITHS . I am the wife of David Griffiths, a private soldier, and live in York-street, Westminster. The prisoner's husband was a soldier—from a motive of compassion, seeing she had nowhere to lay her head, I took her in for two nights—not as a lodger—I went out on Saturday, the 18th, about eleven o'clock—I did not return, as my goods were seized, and sold to Mr. Phillips—I owed 13s. 9d. to my landlord, but he wanted to impose 18s.—the landlord swore that I caused a row, and I will sent to prison for want of bail, and the woman accused me of striking her—I remained in prison eight days—I was liberated on the 26th—when I went out on the Friday night I left the key turned in the lock—when I came from the prison there was nothing in the room but a wire basket.
MARGARET SHELLY . I go out to work. I sold this net and lace cap—I got them from the prisoner—she asked me to take them there, and fetch her 4d.—there was another cap and two basins—the prisoner asked me to go and fetch her 4rf.—she gave me 3d., and I brought it and gave it to the prisoner.
HANNAH MORRIS . My husband is a tailor; he resides in Orchard street. The prisoner came to my house on the 20th of October—I had known her before—she asked me if I would buy two chairs and a bed, which she brought on Monday—a person came and told me something, and I would not buy them.
ABRAHAM WRIGHT (police-constable B 99.) I found the piece of net and cap which is here produced, from the information the prosecutrix gave at the station-house—I could not find the chairs and bed—the prosecutrix had been distressed for rent, but had redeemed the goods, and got then again, a day or two previous to the robbery.
Prisoner. She gave me authority to sell them on the Monday before she was taken up, and when she came out of prison swore to this. Witness. I did not give her these things to sell—I was in prison—I could not have received any thing from her.
Prisoner's Defence (written.) In the month of August the prosecutrix told me to sell two chairs, a bed, and box, at Mr. Phillips', in Broadway I gave 2s. to the prosecutrix on Saturday, at Queen-square, and sent her some more on Tuesday. On the Saturday she and I had been drinking all day, and she was taken for being disorderly. When she came out she
wanted me to go and live with her, and because I would not she brought this charge—she persuaded me to leave my clothes for drink, and made me put on some of her clothes, which she then charged me with stealing—she was tried here for stealing a sovereign from a person.
COURT to JANE GRIFFITHS. Q. Have you been tried? A. I am not authorised to answer that question—my husband is in trouble through military orders, not for dishonesty.
WILLIAM CLIFTON (police-constable B 50.) I produce the certificate of the prisoner's former conviction, which I got from the Westminster Sessions-house—(read)—I was present at the trial—she is the same person—I know her perfectly well.
Prisoner. It is quite false—I never saw the man before. Witness. I cannot be mistaken—I have been in the habit of seeing her daily.
GUILTY . Aged 28.— Transported for Seven Years.
MARTHA STEVENS . I am the wife of William Stevens, and live at West Dray ton, in Middlesex. On the 5th of October I hung some things out to dry in the morning, in my garden—a woman went by about three o'clock, and told me to go out—I did not miss them then, but I did between three and four o'clock—I saw the prisoner with them on the road—I saw her go down by the hedge, close by my house—my little girl was standing at the door—she said something, and I Went out and stopped her—the property was found on her.
JOHN ROLFE . I work for Mr. Burgess, a stone-mason. I was coming from Dray ton, by the garden, and saw the prisoner come from the gardengate with the things, she brought them, and put them into the ditch—I was not near enough to Mrs. Stevens to tell her—they were not found in the ditch—a little boy came, and took them out of the ditch—the prisoner ran after him, and said, "They are my things"—the little boy gave them up to her—she was taken about twenty minutes after—I was not present—was just gone on, but I saw her bring them from the gate—that little boy is not here.
Prisoner. Q. Did you not throw them at me, and say, "This is your bundle," and I said, It does not belong to me?" A. No.
Prisoner. This boy threw them at me in the road, and said, "This is your bundle"—I put them down and said, They do not belong to me"—I was going on the road, and the constable came and took me.
GUILTY . Aged 25.— Transported for Seven Years.
GUILTY . Aged 27.— Transported for Seven Years.
CHARLES THORPE . I am the patrol of Farringdon Ward. On the 8th of October, between eight and nine o'clock in the evening, I saw the prisoners on Blackfriars-bridge, and watched them—in a few minutes I saw Jones take this handkerchief out of a gentleman's pocket, and slip it into Fitzgerald's hand—they both turned—Fitzgerald turned first—he saw me and threw it into the kennel—J took it, and laid hold of Jones, and called on Coram to take Fitzgerald, which he did, and in going along, Fitzgerald took his hat off and threw it over the bridge.
Cross-examined by MR. CLARKSON. Q. What did you see Fitzgerald do? A. Take this handkerchief out of the other man's hand—I have seen them before—Coram was with me—he is a ladies' boot and shoe-maker—I do not know that he ever was with me before on the walk, but seeing upwards of a hundred pickpockets on the bridge who I knew, I asked him to assist me—I never took him on any other occasion—lam patrol of St. Brides—I am quite sure Jones did not throw the handkerchief at Fitzgerald.
Cross-examined by MR. PAYNE. Q. How long had you been together A. About half an hour—I was going over the bridge, towards the Surrey side—the person who had his handkerchief taken, was coming over this way.
JOHN CORAM . I am a boot and shoe-maker. I was on the bridge on the 8th of October, between eight and nine o'clock—I saw the two prisoners there—I saw Jones take a handkerchief from Turner's pocket, and deliver it to Fitzgerald—who threw it down in the kennel—the officer called me to assist him, which I did—Fitzgerald threw his hat over the bridge, and said, Now, what can you do"—I could not see what was in it.
Cross-examined by MR. CLARKSON. Q. You were on the bridge casually? A. I was going home—I live over the bridge—I bad been in company with Thorpe in Fleet-street—he, knowing me, said he would accompany me home—as we came to the bridge, I suppose we saw thirty or forty people—he was going after his wife over the water—I have seen him many times, and been in his company—I have stopped and spoken to him when he has been out.
Cross-examined by MR. PAYNE. Q. How often have you walked about the streets? A. I do not see him once in two months.
THOMAS TURNER . I am a tailor. I was on the bridge on the 8th of October, at twenty minutes past eight o'clock—I was not aware of my pocket being picked till the officer called tome—this is my handkerchief—I had it in my pocket.
Cross-examined by MR. CLARKSON. Q. What are the initials on it? A. S. D. "—It belonged to a friend of mine who is dead.
(Robert Evans, an artist's oil and colour-man, Cannon-street-road, and No. 12, Morgan-street, Camberwell; Ellen Hennessy, and Jane King, of Hackney-road; gave the prisoner Fitzgerald a good character.)
JONES— GUILTY . Aged 19.
FITZGERALD— GUILTY . Aged 27
Transported for Ten Years.
OLD COURT.—Wednesday, October 25th, 1837.
Third Jury, before Mr. Sergeant Arabin.
(MR. CLARK SON, on the part of the prosecution, declined offering any evidence.)
NOT GUILTY .
ANN HARRIS . I am single, and live in Charles-street, Westminster—my father keeps the house. I have known the prisoner a long time—he is a gentleman's servant, and lived with Mr. Christian—he came on the 3rd of October, and asked me to give him a glass of water—I went down stairs for it, returned in five minutes, gave him the water, and he went away—I missed the watch in less than five minutes—I had seen it in a basket early that morning—he came about twelve o'clock—this is the watch—(looking at it.)
Cross-examined by MR. PRENDERGAST. Q. Was he not very fond of playing jokes? A. He was—I did not think he took the watch in a joke at the time—he said he did, and I believe now that he did take it in a joke.
COURT. Q. Did you go before the Magistrate yesterday? A. Yes—I (did not say it was a joke then—I did not think it was so then.
JOHN PASSMORE MUMFORD . I am a policeman. Miss Harris gave me information of this—I heard the prisoner was out with his master's carriage, and went to Wandsworth, to his master's house, and waited till he came home with the carriage—I called him aside, and told him, in the presence of his master, that he was charged with stealing the watch—he denied it, and said he had never seen it—I took him outside the gate, and began searching him—I felt something in the shape of a watch in his pocket, and asked him what it was—he said he would tell me the truth, that it was the watch, and begged me not to inform his master.
Cross-examined. Q. Did he say any thing else? A. Yes—he said he did not know what possessed him at the time—he did not say he had often had the watch before—I am sure of that—he had got a watch of his own in his pocket—I did not notice that he had been drinking.
MR. PRENDERGAST to ANN HARRIS. Q. I believe your father keeps a public-house immediately opposite this house? A. Yes—the prisoner had been drinking there—he never had my watch in his possession before, I am certain—he often came and asked how I did—he had seen the watch before in the basket, but never had it in his hand.
NOT GUILTY .
Before Mr. Baron Holland.
NOT GUILTY .
Before Mr. Justice Bosanquet.
2197. JOSEPH ROGERS was indicted for feloniously receiving, harbouring, and maintaining Richard Wicker, who had been sentenced to be transported for the term of his natural life, and who was at large, being under such sentence; to which he pleaded
GUILTY . Aged 23.— Confined One Year.
Before Mr. Justice Coltman.
2198. JOHN DEAN was indicted for burglariously breaking and entering dwelling-house of Mary Haywood, at St. George's, Hanover Square, about the hour of twelve in the night of the 30th of September, with intent to steal, and stealing therein, 6lbs. weight of soap, value 3s. her goods; and 1 coat, value 3. s, the goods of Robert Haywood; and that he had been before convicted of felony.
ROBERT HAYWOOD . I live in Hendon-street, Pimlico, in the parish of St. George, Hanover-square—my mother rents the house. On the 30th September I went to bed at half-past tenor eleven o'clock—I was not the last person up in the house—I and my mother went to bed about the same time—the house was fastened up—there is a shop door, and a side door to the house, and a back door to the yard—I examined them all before I went to bed—the windows were fastened—I am sure they were all fast—I was awoke by a neighbour's boy about five o'clock the next morning to go to market, and I went into the yard to harness the horse—it was just daybreak—I did not perceive anything—I harnessed the horse and put him in the cart—I had occasion to go into the coal-shed for a sack, and there I found the prisoner—I knew him before—he was formerly in my mother's service about five or six months—he was crouched in a corner of the cellar almost down on his knees—I observed the coat and two bars of soap—the prisoner had the coat under his arm, and the soap was close to where he was kneeling on the floor—I asked him what business he had there—he said he came there to sleep—I said nothing more to him, but sent the neighbour's boy, who came to call me, to call a policeman—I remained with the prisoner till the policeman came—he begged for mercy, and asked me to let him go and he would never come. again—I refused, and he said nothing else—when the policeman came he was taken to the station-house—the soap was tied up in a handkerchief there was nothing else in it—there were a few onions wrapped up in an old black apron, close to the things in the corner—I found them at the same time as I found the other things—the coat was my property, and the rest my mother's—the coat hung on a nail close to the parlour door the night before, ready for me to take to market on the following morning—I had not had it on the day before—I hung it up myself over night—the soap had been in the cupboard down stairs—that is the only place where we keep it—I have no mark on it—there was soap there the night before, but I cannot say this is the same—I had a quarter of a cwt. in the day before, and when the policeman came to weigh it there was just the two bars short—I had seen the soap put into the cupboard—I was present when it was weighed next day—I know the apron the onions were wrapped in to be my mother's property, and we had such onions in the house—I found all the doors right as they had been the night before—I suppose the person must have got over some of the neighbouring yards—there is a vacant piece of ground he could get over—the windows were all broken it was very easy to put a hand through the kitchen window and unfasten it—the panes of glass were broken—the panes were very small, not large enough for a man to get through—he might put his hand or head through but could not get his body through, I am sure—I think it was big enough to get an arm through—there is a little catch, and by undoing that he might throw the window open—the kitchen window was the only one he could open—there was no other in the same state—the kitchen window is on a level with the ground of the yard—the yard is surrounded by a wall seven or eight feet high, but the yard goes down four steps—it is about eight feet at the outer side, and deeper inside—I think the onions were kept in the cupboard with the soap, but I could no say with certainty.
WILLIAM MARTIN (police-constable B 128.) The prisoner was delivered into my custody with a coat, some soap, onions, and a handkerchief, which I have.
(Property produced, and sworn to.)
Prisoner's Defence. Five or six years ago the prosecutor lived in York-street, Westminster, next door to my father's house—I became acquainted with him—it was the occasion of my stopping out several nights, and I left my father—lie wanted me to come and live with him—I got a situation, but for stopping out late with him, my master discharged me—he had often told me I could sleep at his place when I had no where to go—as to the property I know nothing about it.
Jury to ROBERT HAYWOOD. Q. Had you ever given him leave to sleep in the coal shed? A. No, I had not, nor had my mother, to my knowledge—I have never been out with him at night—it is not true—I have never been from home all night.
GUILTY of stealing only. Aged 17.— Transported for Fifteen Years.
Before Mr. Justice Coltman.
JOHN CLARKSON MILNES . On the 13th of October, I was in Grace-church-street, between ten and eleven o'clock in the morning, walking—I felt somebody snatch at my coat pocket behind—I immediately turned round and found the prisoner walking behind me—I immediately secured him, put my hand to my pocket and missed my handkerchief—he denied it—I searched him and found my handkerchief under his coat—I gave him into custody of the police—he had a frock coat on, and he held the handkerchief under the coat with his arm by pressing his arm to his side.
(Property produced, and sworn to.)
GUILTY . Aged 14.— Transported for Ten Years.
Before Mr. Baron Bolland.
JAMES THOMAS UPJOHN . I am a clock and watch-maker, and live at New Brentford. Two silver forks were brought to my house on the 16th of September, by the witness, Ann Perkins, to. sell—I suspected they were stolen, and told her so—I handed them over to the policeman, and she was token into custody—the policeman has got the forks—they are worth about 1l. as old silver.
AXN PERKINS . I am going on for twelve years old—the prisoner is my aunt—she lived at Brentford-end, with my mother, at the time in question—she gave me these two forks one Saturday, and I went to sell them at Mr. Upjohn's the same clay—when I got there he asked me some questions, and detained me and the forks.
visited me and my fellow-servant—sometimes she staid there a night two—I was at Norwood, and not at Bread-street—the plate had not been at Norwood, and I did not know they were missed till master told me of it, and said I must appear at Brentford—my fellow-servant had the care of the plate during my absence—I had the care of it when I was in Bread street—they were missed from the house in Bread-street, where she was with my fellow-servant on the 15th.
DAVID JONES . I am a policeman. On the 16th of September I was in New Brentford—Mr. Upjohn called me into his shop, and Perkins was there with the forks—he gave her into my custody with the forks, which I produce—I brought her to the station-house, and afterwards went with her to her mother's house, and the prisoner was there—I told her Mr. Upjohn had stopped the forks she had sent by Perkins, the girl—she said, They are my forks, but I did not send her to sell them; I only sent them to be mended;" and she turned to Perkins, and said, You little hussey, how could you be so silly as to say I sent you to sell them?"—the girl said, No, aunt, you sent me to sell them, and to get what I could on them" when the prisoner was taken to the station-house, she was examined by the inspector on duty, who asked how she came by the forks—she said she had purchased them in Chancery-lane, about two years ago, at a sale room.
MR. UPJOHN re-examined. These are the forks the girl brought—they are defaced on purpose, not broken.
CHARLOTTE WINTERBORNE re-examined. I believe these to be my master's property—I have two which correspond with them—we had twenty-four of each, and six of each at Norwood—there was only my master at Bread-street—I had been at Norwood about four months—the plate was correct with the inventory when I left London.
Prisoners Defence. I bought the forks of a person in Chancery-lane, near an auction-room, nearly twelve months ago, and gave 15s. for them.
GUILTY . Aged 33.— Transported for Seven Years.
Before Mr. Justice Bosanquet.
2201. JULIA WHITE was indicted for stealing, on the 16th of September, 2 sheets, value 4s.; 1 quilt, value 2s. 6d.; 1 pillow, value 5l.; 1 bolster case, value 1s.; and 1 blanket, value 2s.; the goods of James Bostock.
SARAH BOSTOCK . I am the wife of James Bostock. The prisoner came to lodge with me as a married woman, for three days—she left my house on the 21st of September—a man named Dunkett and her took the lodging together—I missed her from the room—she left the man in the room ill on the 22nd, till the Monday following—after she was gone, I missed a pair of sheets, a quilt, a pillow, a counterpane, and bolster-case, which were my husband's property, and part of the bed furniture, which she had for use—the man was ill in bed without the clothes—he was not able to get out—but at last he opened the door, and we found the room robbed, and the duplicates left in the room.
JOHN SULLIVAN . I am shopman to Mr. Rosier, a Pawnbroker Turnmill-street. I have a sheet, a quilt, and blanket, which were pawned at our shop by the prisoner, in September, the 16th, 18th, and 21st—I had no conversation with her—I have known her nearly two years as a customer living in Peter-street, in the neighbourhood—I always knew her by the name she grave, White—I always understood her to be married, and that her husband kept a hair-dresser's shop, as she told me—I never knew her by the name of Dungate.
(Property produced, and worn to.)
DANIEL ELLET MITCHELL . I am a policeman. I took the prisoner into custody on Wednesday, the 27th of September—I told her it was for robbing the prosecutrix, who was with me at the time—she merely said she expected to be sent for before—on the 25th I had been called over to the house, and took the man into custody, and found the duplicates in a washing-stand drawer—when I took her, she said it was Dungate's fault.
Prisoner's Defence. I lived with this man previous to living with Mrs. Bostock, and he kept a shop at the time—his business became so bad he was obliged to give it up—he took this furnished lodging of the prosecutrix, and gave her a written reference to a person he lived with before, and also referred her to the man who was going to employ him as a journeyman—he caught cold, and could not go to work on Monday, and persuaded me to take an article to get something to subsist on—he continued ill till the Wednesday, when he was sent for, but was dot able to go to work—he told me to take something else—we had nothing to eat, nor any fire—he came with me at the time, and stood outside, while I went in and pledged them—I felt sorry to be obliged to do such a thing, and told him so—I told him I would not stop any longer—he advised me to go out of the way for two or three days, and said he would settle with the landlady—in case he should not settle with her, I wrote to a friend to get some money to get the things back myself—I was not to have it till Saturday night, and on Wednesday I was taken into custody.
MRS. BOSTOCK re-examined. I went to where the man said he lived four years ago, when he buried his wife—he referred me to three or four more places, which I did not go to.
GUILTY . Aged 28.— Confined Six Months.
Before Mr. Justice Bosanquet
2202. JULIA WHITE was again indicted for Stealing, on the 21st of August, 2 petticoats, value 3s.; 1 shift, value 1s. 6d.; 2 aprons, value 2s.; and 1 handkerchief, value 2s. 6d.; the goods of Ann Haggerty.
ANN HAGGERTY . I live in Peter-street, Clerkenwell. I had occasion to go to the hospital, in consequence of illness—I knew the prisoner for about a month before I went to the hospital, she was living at No. 6, Peter-street, with Dungate—she persuaded me to leave my things with her, and I did—I was living along with her—she did nothing for her living—I used to take in needlework—she said, "I will bring you in some clean things, and you will never want a clean thing while I am here, and I will come and see you on Wednesday," but I never saw her while I was there—I kept my things in a box, and she told me to leave them—I did not ask her to let me leave them—the key of my box was turned, but remained in the box, as she was to bring me my clean things—when I came out of the hospital I came to No. 11, Peter-street, as she had moved to No. 11—I did not find my box nor yet the property—I lost the articles stated—she pledged one petticoat before I went to the hospital, without my knowledge—I did not trust her with my box till I went to the hospital—I kept my box in the back parlour—it was on the Thursday, at Bartholomew-fair time, that I went to the hospital—the fair began on Saturday—I should know the petticoat again if I saw it—she had offered the duplicate for sale—it was found in her pocket.
Prisoner. Q. Do you not get your living in the street? A. No, I do not—I never told you to pledge any of my things—I should be very sorry
to take a false oath—I have not been in the House of Correction in the name of Harriett Taylor, for robbing my mistress—I have never been in any prison—I never told you that my mistress put me there for robbing her of aprons and things—I never lived in Goulston-street, Whitechapel—I never told you so.
Prisoner. You did not ask me that question—you know you cannot swear I pledged it—the prosecutrix pledged it herself one morning, to get a breakfast. Witness. I knew her before by the name of White—it is a flannel petticoat—the prisoner pledged it herself.
(Property produced, and sworn to.)
Prisoner's Defence. I had her lodging with me for two months—she said she would give me 1s. a week, but I have not had 1s. of her, and so I pawned the articles.
Before Mr. Justice Coltman.
2203. MARTHA ADAMS was indicted for stealing, on the 22nd of September, 1 gown, value 1l.; 1 apron, value 1s.; 1 pair of trowsers, value 10s.; 1 waistcoat, value 4s.; and 4 shirts, value 1l.; the goods of Aswell Thomas Harrison: and 1 gown, value 4s.; 1 apron, value 2d.; and 1 towel, value 2d.; the goods of Esther Knight.
ASWELL THOMAS HARRISON . I live at North-end, Hampstead. My wife is a laundress—the prisoner was in my employ nearly twelve months, as an ironer—she left my house on the 22nd of last month, on a Friday, about half-past nine o'clock—I was informed she was gone, and my wife missed a gown—I went and informed a policeman, who lives a few doors off, and he went after her—I went to Camden-town, and saw her at the Britannia public-house, in custody, about eleven o'clock—I saw my wife's gown there, and knew it—she was taken to the station-house is Albany-street, and on the way I saw the end of my trowsers sticking out of her bundle, which the policeman was carrying—I saw the bundle opened at the station-house, and there was a pair of black trowsers and a black waistcoat of mine in it, and four shirts belonging to Mr. Edgar, of Guild ford-street, who employed my wife—I did not know the prisoner was going to quit my service that day—I had not given her leave to take any of these things.
CHARLES MILLS . I am a policeman. I went to look for the Prisoner on the 22nd of September—I overtook her in Camden-town, and said, "Young woman, you must go back with me, you have got a silk gown here"—she said, "Yes"—I said, "It belongs to Mr. Harrison"—she made no reply—I took her to the Britannia public-house with a large bundle which she had—the silk gown lay at the top of the bundle loose—I asked what she had got there—she said she had some shirts—I asked her whose they where—she said, "I don't know," and burst out crying—Harrison came up and said, "That is my wife's silk gown"—I took her
to the station-house, and there he claimed all the other things—I produce them all.
(Property produced, and sworn to.)
GUILTY. Aged 23.—Recommended to mercy. — Confined Three Months.
Before Mr. Baron Bolland.
2204. WILLIAM DICKENSON was indicted for stealing, on the 23rd of September, 1 printed book, value 10s., the goods of Thomas Howell Stevens: also, on the same day, 1 printed book, value 20s., the goods of Richard Henry Meade; to both of which indictments he pleaded
GUILTY, Aged 23.— Judgment Respited.
Before Mr. Baron Bolland,
CUTHBERT COLLING . I live in Bartholomew-close. On the night of the list of October, I was passing from my house along Barbican—a gentleman tipped me on the shoulder and said I had been robbed—I felt, and found I had lost my silk pocket handkerchief—I had it when I left home—I was not aware of its being taken till the witness who is here told me.
Prisoner. Q. Can you swear I robbed you of it? A. No—I was I perfectly sober at the time—I am certain you are the man Mr. Rhodes had when I was robbed.
WILLIAM RHODES . I live in Aldersgate-street. I saw Mr. Colling on the night of the 1st of October—I saw the prisoner and a woman dote after him, following him—I saw the prisoner lift up Mr. Colling's coat with his right hand, and put his left hand into the pocket—I saw him hold the coat up till he put his hand in—he then gently lowered the coat, drew his hand out, and passed it under his own coat to the woman—I stepped round I the woman and collared him directly with my right hand—the woman had kept close to him so that I could not get between them, but the moment collared him the woman went away—I tapped Mr. Colling over the I shoulder and asked him if he bad lost any thing—he put his hand to his I pocket and said, "I have lost my handkerchief."
Prisoner. Q. Did you see me commit any robbery on the gentleman? A. I saw your hand in his pocket—I did not see whether it was a handkerchief you had, or what it was—I do not know myself that the prosecutor lost a handkerchief—I did not threaten the prosecutor if he did not appear and proceed with the charge—I said I knew you to be an old thief, and given you in charge before, and the handkerchief had been found I on you.
COURT. Q. Are you sure he is the man? A. Yes, I knew him before, and gave him in charge two years ago, for stealing a handkerchief.
Prisoner. Directly the witness seized me, I said, "What do you collar me for?"—You had your hand in that gentleman's pocket"—I asked him to take me to a public house immediately, and search me—M to a female there was no female with me—there might be some gentleman's servant going on an errand—I hope the evidence you have heard will not influence your minds against me—the facts of the case are these—was walking up Barbican—the gentleman and a lady were walking together and whether from the slippery state of the pavement, or his being
in liquor, I do not know, but he made a slip—I put my hand out to save him from falling against me, but did not touch his pocket—immediately the gentleman said he had seen me put my hand to the pocket, but would not swear to my taking any thing out—the witness swore I was a bad character, and said he would stick to me, and said he knew me, though be confessed he had not had me in custody before—I am well known—I have sold walking sticks in the City for many years, and could mention many shops that I supply—I have always obtained a good living in that way—I am innocent of any robbery on the gentleman—I trust I shall not be convicted on this evidence, unsupported as it is, nobody having seen me commit the robbery, nor found property on me—I hope your verdict will discharge me and show my innocence.
JURY to MR. COLLING. Q. Do you remember slipping on that day, and a person falling against you? A. No—I did not slip—I had a lady with me.
Prisoner. The gentleman stated that he had been taking liquor, Witness. I never taste mixed liquor.
GUILTY , † Aged 23.— Confined Two Years.
Fourth Jury, before Mr. Recorder.
WILLIAM BURNELL . I was shopman to Mr. John Aaron, a pawnbroker, in Whitechapel-road, on the 27th of September; I have left him since. On the evening of that day I saw the prisoner, Mary Smith, in the shop—she offered to pawn a pillow, which our foreman refused to take in, and when she was gone I missed a pair of boots directly—I did not see Sarah in the shop.
JOHN GERRARD . I am a policeman; I live in New-road, Cannon-street. In consequence of information I received, I went to look for the prisoners—I looked into Mr. Burnell's shop and saw the prisoner, Mary Smith, who had passed me before—she had a pillow in a bundle—I stopped till she came out, and then asked what she had got—she said, "Nothing but an old pillow"—I asked her if it was black or white-she said I knew the colour of a pillow as well as her—I asked to look at it—she was very loath to give it me, and the moment I laid hold of it the boots dropped from the middle of it—I said she must go with me—Sarah Smith was about a yard from her, and directly followed us up towards Mr. Aaron's shop—I had a pillow in one hand and a pair of boots in the other—Sarah Smith laid hold of her arm and of my arm to try to rescue her from me—I told her to be quiet and let her alone, but she still kept hold of her—I called Aaron's shopman out, and told him to take bold of her.
(Property produced and sworn to.)
Mary Smith. Sarah Smith was not near me till I got to Brick-lane, when I was in custody, and asked what was the matter with me.
MARY SMITH†— GUILTY . Aged 17.— Transported for Seven years.
SARAH SMITH— NOT GUILTY .
April, 1836, I sent him with a bed wrapped in a blanket to Mr. Ireland, No. 34, Mary-street, Hampstead-road. I had sold the bed for 5l., and gave him a receipt to take it home, and to receive the money, and bring back the blanket—he did not return, and never brought me the blanket—a few weeks ago, in consequence of information, I went to Bridewell and found him there—he said he got drunk and was ashamed to come home—that was all he said.
Prisiner. Q. Did you give me the bed to take home? A. It was given you by my order—I stated the whole particulars to the Magistrate—the bed was given to him with the receipt, and the money was to be brought back by him—I was not at home myself, but I know that it was so.
ELIJAH IRELAND . I am a piano-forte maker, and live in Hampstead road. I bought a bed of the prosecutor in April last year, and was to pay 5l. on delivery—I did not pay the money myself—I was not present—the person who did is not here—I have got the receipt for the money.
NOT GUILTY .
NOT GUILTY .
GEORGE SIMPSON . I live in Little Chesterfield-street, Marylebone. The house belongs to my aunt—the prisoner slept in the same room with me—I am a tailor—on the 21st of August last, I left a waistcoat at the corner of my bed—the prisoner was in the room when I left—I missed it next day—he did not return to the lodging—I went in search of him, and found him on the 24th in Grotto-passage—at first he said he had not seen it—he then said he had taken it, and if the Lord would spare his life he would bring it back next day, about ten o'clock, but he never came, and I could not find him till the latter end of September, when I asked where he had been all that time—he said he did not know, and I gave him in charge.
MARY DARBY . I am a widow, and keep the house in Little Chester-field-street. The prisoner lodged with me about three weeks—on the morning in question I went in to ask if he would have any tea and he was doubling the waistcoat up—I thought he might have bought it of the prosecutor, and said nothing—I was called away to serve a customer—he passed me at the time, and went out—I met him a few days after in Grotto-passage, and asked him where the waistcoat was—he said, "What waistcoat?"—I said, "The waistcoat you took out of the bed-room"—he said "Go with me, I will tell you all about it"—he said he had left it somewhere for 2s., and if the Lord would spare him he would bring it back next day by eleven o'clock, but he did not.
WILLIAM BARTRAM (police-constable D 67.) I apprehended the prisoner—I met him and the prosecutor on the 30th of September in Grotto-passage; and as I took him to the station-house, he told me he had taken the waistcoat and pawned it, and had not an opportunity that night to take it out of pawn; a few minutes after the waistcoat was given to me by his mother.
(Property produced and sworn to.)
Prisoner's Defence. I was lodging at Mrs. Darby's, and was very much
distressed at the time—the prosecutor promised to forgive me if I would send to him; and I did send to him when I had the means, but he would not take it, saying, if I had brought it myself he would have taken it
GEORGE SIMPSON re-examined. I told him if he brought it back next day I would take it; but he did not, and I told the police—his brother said he had brought the waistcoat, but I never took it—that was on the 30th of September—it was not brought before—I had said I would not take it back unless it came back next day.
NOT GUILTY .
NEW COURT.—Wednesday, October 25th, 1837.
Sixth Jury, before Mr. Common Sergeant.
2210. THOMAS TAYLOR was indicted for stealing, on the 23rd of September, 2 pewter pots, value 3s.; 1 knife, value 6d.; 1 fork, value 2d.; and 1 ale-glass, value 10d.; the goods of Henry Vollum; to which he pleaded
GUILTY . Aged 21.— Confined Three Months.
ELIJAH GENNA . I live in Edgeware-road, and am a linen-draper. On the night of the 23rd of September I was sitting in the back part of my shop—I had a shawl pinned up in the shop—the first thing I saw was the pri soner—he had got the shawl, unpinned, in his hand—he saw me coming, dropped it, and ran out—I followed, and the policeman caught him—he said it was not him, it was the other boy—I did not see any other person.
Prisoner. Q. Had I the shawl in my hand? A. You had—two pins were in it, and you dropped it.
RICHARD COMPTON (police-constable D 87.) I saw the prisoner run out of Mr. Genna's shop, and run about 230 yards—I overtook him in Nutford-place—I took him back to the shop—there was a shawl then loose—the prosecutor said he was the boy that stole it—I found a bad half-crown upon him.
Prisoner's Defence. I went into the shop to buy a pair of stockings, not knowing the half-crown was bad—my prosecutor was sitting in the parlour asleep—I knocked on the counter, and the instant he opened his eyes he cried, "Stop thief"—I saw a boy in the shop—he ran out, and I run after him.
GUILTY .* Aged 19.— Confined One Year.
2212. MARY ENGLISH was indicted for stealing, on the 12th of September, 2 coats, value 2l. 8s.; 1 pair of trowsers, value 7s.; 2 shift value 13s.; 3 handkerchiefs, value 10s.; 1 waistcoat, value 7s.; 1 flannel shirt, value 1s.; 1 apron, value 1s. 6d.; 2 boxes, value 1s.; 1 scent-box, value 2s. 6d.; 1 knife, value 1s.; and 1 breast-pin, value 3s. 6d.; the goods of Henry Humphrey: and HONORA PENDERGRASS for feloniously receiving 1 coat and 1 shirt, part of the said goods, well knowing the same to have been stolen; against the Statute, &c.
and these other things all safe in my box on the 11th of September—I missed them on the 17th—these things are all mine.
English, You told me to take these things the first day you spoke to me about them. Witness. I never exchanged a dozen words with you while you were in the house—you were only there three weeks—I did not send you up to pledge them—I did not take you both out and treat you, and give you those ribbons—I was not in the house—I never gave you any thing, nor treated you with a pair of ear-rings—when before the Magistrate you said you had stolen my things, and spent the money in gin—I did not tell you to go to my box to take what handkerchiefs you liked—I kept the house before and was unfortunate, and now I sell fish.
JOHN FUZZENS (police-constable D 23.) I was called to apprehend English—I went to the Green Man in Green-street, and took her—the duplicates were found on her—she told me she picked them up in South Aodley-street, the day previous—she did not tell me that the man gave her leave to take the things—this coat, trowsers, and shirt 1 found at Mr. Walter's, at the corner of Great Marylebone-street.
Pendergrass. You did not know me at first. Witness. Yes, I had a slight recollection of you—I said I believed you was the person.
HENRY FIELD . I am a policeman. I took charge of the prisoner English—she denied taking the things, but in going along she said she had taken them and given them to Pendergrass to pledge—I then went to Pendergrass and took her—I told her it was for pledging two coats, the trowsers and waistcoat—she said she pawned one coat, a silk handkerchief, and waistcoat, in Oxford-street, and that English gave them to her.
Pendergrass Defence. I came to this girl to let her know her mother was ill—she asked me to go with these things—I gave her the money and tickets—I had a shawl about me—I was going home, the gentleman took it off me, but no one could swear to it.
(English received a good character.)
ENGLISH— GUILTY . Aged 24.— Confined Six Months.
PENDERGRASS— NOT GUILTY .
ELIZA WEBBER . I am the wife of William Webber, and live in King-street, Seven Dials. On Sunday the 24th, I had a sheet and child's frock on a landing-place in the house—I missed them on Monday morning—these are them.
FREDERICK BRINN (Police-constable F 102.) I took the prisoner. She said she was guilty of pledging the things, and wished she might get six months for it.
GUILTY . Aged 62.— Confined One Month.
2214. FREDERICK MARTIN and WILLIAM JORDAN were indicted for stealing, on the 23rd of September, 1 pair of breeches, value 3s.; 1 shirt, value 1s.; 1 pair of stockings, value 6d.; 1 waistcoat, value 1s.; 1 handkerchief, value 3d.; and 1 pocket-book, value 6d.; the goods of George Deverill.
GEORGE DEVERILL . I was coming from London, and went into the Angel public-house at Hayes, and had half a pint of beer—I left my bundle on the seat, while I went to speak to the ostler—I was out about ten minutes—I came to the gateway, and saw these two young men going in very tipsy—I said I must go after my bundle—I went, and my bundle was gone, and the two men also—I traced them, and rapped at the door where they were—a young woman came and opened the door—my bundle laid on the seat there, wrapped up in Jordan's coat—I said, "This is mine"—I took it up, and was going away—the landlady came and pushed me back, and said, "Nobody shall go out"—Martin took it from me, and then the constable came and took them.
Cross-examined by MR. PAYNE. Q. Did you know them before? A. I have seen them—they were very tipsy—this house was about two hundred yards from where I lost my bundle—I said, "You have got my bundle "—Jordan said, "If I have you shall have it"—when Martin took it afterwards he was larking with it—I drank with them, and was going away with the bundle.
Jordan. I was very tipsy—I do not know how my jacket came over the things.
NOT GUILTY .
HENRY PEARTON . I am a labourer, living at Hayes. On the night of the 11th of October I went to Uxbridge-fair—I had half a sovereign in gold in my purse, two shillings, and one sixpence in my pocket—I went to the Bell yard—I was in liquor, but not to say drunk—I did not see Smith that I know of, there were so many there—I lost my purse and money—this is the purse.
Cross-examined by MR. PAYNE. Q. What state was the purse? A. Tied in a knot in the middle and two rings, to keep the money in it—the knot would not hinder the money from coming out if the rings were moved—I danced a little—is was not in a booth, but a house.
WILLIAM HENRY DOWDEN . I am a labourer. I was there, and saw the prosecutor and Smith there—I saw his hand in Pearton's breeches pocket—I went out of doors, and told Michael Pole—I did not like to mention it in the house, as there were so many persons there—I thoughts I might catch it.
Cross-examined. Q. What were you doing? A. Having a pint of beer—there might be about twenty people there—I was sober—I had had only two pints of beer—there were three between me and Smith when I saw him put his hand into the pocket—the prosecutor was standing up—one sat on each side, and another stood up before him and pushed him down.
JOHN BIRCH . I am a constable of Uxbridge. I took the prisoner, and found on him a shilling, two sixpences, and some halfpence—I saw him give his hand a jerk—I did not see what went from it—I saw him draw something out, but I could not see what it was—another picked up this purse and gave it to me.
Cross-examined. Q. Which hand was it? A. His left.
Cross-examined. Q. How many persons were about? A. A good many all around him, but none close to him—there was nobody between me and him—I swear 1 saw him throw the purse away.
MR. PAYNE called
JOHN MURRAY . I am son of the High Constable of Uxbridge. I was it this house. I laid hold of the prisoner's left hand—I did not keep hold of it the whole time—I kept it till the purse was picked up—he might have thrown the purse down and I not see it.
Prisoner. The purse was picked up before me, and they say I threw it behind me.
GUILTY . * Aged 20.— Transported for Ten Years.
2216. JOHN KELLY was indicted for stealing, on the 18th of September, 1 smock-frock, value 4s.; and 1 jacket, value 2s., the goods of George Warrington; and WILLIAM JAMES and WILLIAM TURNER for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
GEORGE WARRINGTON . I was at work on Friday, the 18th of September, at the railroad at Hillingdon, and about twelve o'clock in the day I took off my jacket, smock-frock, and waistcoat—I saw Kelly come and take them—he ran off for half a mile—I ran after him—I only knew him by light—he went into a public house—I went after him, and asked where my things were—he said he did not know—I looked about and found my jacket under the settle, and the smock-frock was in Turner's arms—I did. not say any thing to him—James was in the privy, and Turner went to him with the frock—I stopped till they came out—Turner came out first, and then James came out with it on his back—I asked him for it—he said he would not give it me, that he would be back by-and-bye—Turner and James then both went away—I told them it was mine—I think I found them on Monday, at a public-house near the iron bridge at Hillingdon—I asked Kelly whether they were going to find my smock again—he said, "Yes"—I asked him when—he said he did not know when—Turner took my hat off on the Thursday night before the robbery, and after a bit be came to me, and pretended he was drunk—my handkerchief was on my neck, and he took it off.
Kelly Q. Did any body give me the smock? A. The witness chucked off the work, and threw it into the pit, and you went off with it.
Kelly. Weller, who is not here, threw it down—I took it, and went and give it this man.
James. Q. Did you see me receive the frock? A. I saw it on your back—there is no mark on it—I dare say there are others like it.
JOHN MEAKIN . I am a constable. I apprehended the three prisoners—Turner said he sold the smock—I found it at the beer house at Drayton. Turner, I did not tell you that I sold it. Witness. You said you and James were both together when it was sold.
COURT. You state in your depositions that Turner said that James sold it Witness. He said they were together.
NOT GUILTY .
SAMUEL BURROWS . I keep the White Swan, in Ray-street, Clerkenwell I received information on the 30th of September, and ran after the prisoner I overtook him, and said, Give me that pot you have got—he said, I have got no pot"—I said, You have—he then said he would give it me if I would let him go—I said I would not—he then said he would give me half-a-crown to let him go—I brought him back, and the officer took him—the pot belongs to Mr. Grinham, who serves the same factory that I do, and it was in my house when taken.
Prisoner. I went and called for half-a-pint of beer—the woman said, I have got no pot, will a glass do?"—I said, Yes"—I picked up the pot in the street, and saw it belonged to a person on Clerkenwell-green—I was going to take it him, and this man came and took me—the officer told him, You must swear he brought the pot out of the house, or else you will lose your expenses at the Old Bailey."
GUILTY . Aged 59.— Confined One Year; Three Months Solitary.
GUILTY . Aged 21.— Transported for Seven Years.
MICHAEL HENRY HART . I am a slop-seller, in Ratcliffe-highway. I employed the prisoner to work for me—I received information about a bundle, and when the prisoner came back to the shop (she was gone a good while) I said she had taken something from the shop—she denied it a very long time; but, after some hesitation, I saw her hand working by her side—I gave it a knock, and in it was the duplicate of my coat.
Prisoner. I was in deep distress—I reflected on what I had done—I went to my master's, and offered to give him the ticket and money. The prisoner received a good character.
GUILTY. Aged 36.—Recommended to mercy by the Jury. —
Confined Two Months.
THOMAS PADDON . I keep a carpet-warehouse, in Ratcliffe-highway. The prisoner was in my service—I received information, and marked the fennel in my shop—the following morning the prisoner went out—I examined the flannel, and some had been cut—I called in the policeman, and was telling him when she came in, and I gave her into custody—this duplicate of the shift was on her—in going along she threw down this flannel.
HENRYDOBELL (police-constable K 119.) I took the prisoner. She dropped this flannel from her petticoat—this merino I found at the back of the coal-box.
GUILTY . Aged 32.— Confined Three Months.
HENRY JOHN BEAUMONT . On the 27th of September I was behind the counter of Mr. John Griffiths, my employer, and saw a man take a pair of trowsers from the horse at the door—I ran out, and saw the prisoner walking with the trowsers under his arm—he saw me and then ran—I saw a policeman, and pointed out the prisoner running down Charlton-street with the trowsers.
Crow-examined by MR. PAYNE. Q. In what part of the shop were you? A. Behind the counter—they were on the horse, attached to the door-post—I could not see who took them down—I saw them under his arm—they were rolled round in this bag.
Cross-examined. Q. How far were you from him? A. About fifty yards—another officer stopped him—I took him in the New Road—there is only one turning between Charlton-street and the New Road—I am sure he is the person I saw in Charlton-street—he turned repeatedly to see how I gained on him—there was no one else running.
(The prisoner received a good character.)
GUILTY. Aged 19.—Recommended to mercy by the Jury, — Confined Three Months; Three Weeks Solitary.
2222. THOMAS HENRY GREEN , was indicted for stealing, on the 20th of September, 2 gowns, value 4l.; 1 petticoat, value 2s.; 1 shawl, value 5s.; and one key, value; the goods of Jane Frances Hume, from the person of Charles Paul Riva.—2nd COUNT, stating them to belong to Josephine Riva.
CHARLES PAUL RIVA . I go to school., On the 20th of September, I had a parcel containing two gowns and these other things, in Upper Norfolk-street, opposite Trinity-chapel—I met the prisoner—I am certain he is the man—he said he would give me 6d. if I went to No. 10, Cumming-street, and he would hold my bundle while I went—he said Mr. Williams lived there—I went, and there was no such person there—I gave the prisoner my bundle and came back—the prisoner said he would walk up and down,
and when I returned he was gone with the bundle—I saw him a little while after, another day, and he ran away from me down Baker-street—I saw him afterwards in Smithfield, and followed him down King-street—he went into a printer's shop—I stopped a few minutes and told a policeman he went in, and the prisoner got away then—he had a summons for the boy that let him go—his brother, who had shut the door, and let the prisoner out another way.
Cross-examined by MR. PAYNE. Q. How long were you together a the first occasion? A. About ten minutes—he seemed to come out of Southampton-street—the conversation did not last long—these were Miss Hume's clothes—I was going to take them to her house, in Upper Norton-street—I had brought them from No. 28, Earl-street, Pentonville—the second time I saw the prisoner was in Baker-street—he looked at me very hard while I was walking down, and then he ran away—I an and called "Stop thief," but there was nobody hardly—that was at twenty minutes to one—he passed me—the third time I saw him up at Smithfield, in St. John-street.
JOHN SCOTT (City police-constable 18.) Riva gave me information on Saturday week, about four o'clock in the afternoon—I went into the prisoner's father's house, in King-street, Snow-hill—when I went inside the door, I saw the prisoner in the back parlour—the door was instantly shut against me—but I made my way through, and could not find him any where—there was a way to escape—through information from his brother, I found him at White Conduit-house.
Cross-examined. Q. Is his father a copper-plate printer? A. Yes, I took his brother, and the prisoner then delivered himself up.
Prisoner, The reason I left my father's house was, I was not exactly friends with him—I am innocent of the charge.
(Abraham Norton, of King-street; Isaac Warr; John Phillips, an artist, at Walworth; and Thomas Brandon, a printer, of Lower White-cross-street; gave the prisoner a good character.)
2223. THOMAS HENRY GREEN was again indicted for stealing on the 23d of August, 7 shirts, value 3l. 15s.; 7 pairs of stockings, value 15s.; 4 handkerchiefs, value 1l. 4s.; 1 flannel waistcoat, value 4s.; and 1 pair of gloves, value Is. 6d.; the goods of John Wilson, from his person.
WILLIAM HENRY DEALEY . I was coming from Mrs. Bull, in St. Martin's-lane, on Wednesday afternoon, and in Gray's Inn-lane, the prisoner came behind me, and asked me to go on an errand—there was another boy with me—we said no—he then gave us 2d.—he walked behind us, and then left us—he then came down another street, and snatched the bundle out of my hand—it was Mr. John Wilson's property—Mrs. Bull gave it me at his house—it contained some shirts, stockings, and handkerchiefs—Mrs. Bull is Mr. Wilson's housekeeper—I am sure the prisoner is the person who snatched the bundle.
boy—it was the property of Mr. John Wilson—I had done them up, and knew what there was there.
COURT to WILLIAM HENEY DEAEEY. Q. You said Mrs. Bull gave them to you? A. The servant gave them to me—Mrs. Bull gave them to the servant.
Prisoner. I am not the person. Witness. That is the man, I know him by his face.
GUILTY of stealing, but not from the person. Aged 21.—
Transported for Seven Years.
EDWARD WATSON . I am a watch-maker, and live in King-street The prisoner was in my service as a watch repairer and finisher—he left on the 11th of February—I bad missed considerable property—I have advertised him, bat could not find him—I missed this silver watch—it is mine—the prisoner was in my service at the time it was taken.
Prisoner. That watch I considered that you gave me, and I was in the habit of wearing it. Witness. It is false.
Prisoner. Q. Did pot you, some time after, ask me about it, and I told you I had left it in the country? A. No, you did not—I may have lent you the watch to regulate some clocks by, but never gave it you, I am certain.
JAMES HITCHCOCK . I am shopman to Mr. Townsend, of Little Russell-street, a pawnbroker. This watch was pledged on the 29th of November last, to the best of my belief, by the prisoner, in the name of John Hancock, for 22s.
CHARLES WILLIAMSON . I am foreman to Mr. Watson. I am certain this was not given to the prisoner—I was in the shop when it was sent by the prisoner to Mr. Bugden's to regulate the clock, on the 24th of October—it is entered.
GUILTY . Aged 33.— Transported for Seven Years.
EDWARD WATSON . I am a watch-maker, and live in King-street, Cheapside. I have lost a gold watch of the value of 10l. 10s., and have never recovered it—the prisoner absconded on the 11th of February, and that day I missed the watch—I saw the foreman give him one—I have lost a considerable quantity of more property.
CHARLES WILLIAMSON . On the 11th of February I saw the prisoner, and gave him a double-backed, gold-dial ladies' watch, to go to the Joint Stock Bank to wind and set the clocks by, expecting him to return in a few minutes—he did not return, nor send the watch.
Prisoner. Q. What time did you give it me? A. At nine o'clock—it was the last thing I did—you went to set the clock.
GUILTY . Aged 33.— Transported for Seven Years more.
WILLIAM JOHNSON . I keep the William the Fourth, in Commercial-road Pimlico. The prisoner was my pot-man for three or four months—he left about nine or ten o'clock on the 26th of September—I missed a dried tongue, and sent a boy for him—he returned—I charged him with it—he denied it—I sent him with a policeman to his house, and found the tongue—it is mine.
GUILTY . Aged 35.— Confined Three Months; Three Weeks Solitary.
JAMES CUTHBERT . I am inspector of Bread-street Ward. About a month or five weeks ago, between six and seven o'clock in the evening, there were some persons round Mr. Longstaff's door, and among the rest was the prisoner—I had suspicion and gave information—I went home I and changed my dress—when I came back there was a piece of cloth gone—I saw the prisoner afterward in Watling-street—I went to lay hold of him, and he ran away—I had been looking for him from Wednesday last, and could not find him.
Cross-examined by MR. PHILLIPS. Q. You told the Magistrate you had been looking for him? A. I am not aware that I did.
JOHN CROXTON . I am in the employment of Michael Longstaff, of No. 14, St. Paul's Churchyard. On Wednesday, the 6th of September, near upon seven o'clock, there was a cry of Stop thief," and I saw the prisoner run by me and turn round the corner, down Paul's-chain—he had nothing with him when I ran down—I came up with him a little way down Paul's-chain—Mr. Longstaff, Jun. then had hold of him—and he was afterwards let go.
Cross-examined. Q. Had you ever seen the man before? A. Never—the property was picked up on the pavement—he is accused of stealing eleven yards of a kind of cloth called beaver—it is made of wool
GEORGE OUSEY . I am in the employment of Mr. Longstaff—a communication was made to me by Cuthbert—the prisoner entered the warehouse and took eleven yards of woollen cloth out—I am sure it was the prisoner—I immediately ran after him—he dropped it on the foot-path—I ran after him a few yards down St. Paul's Church-yard—he then turned back—I was still pursuing him, till I was knocked down by a person—I then took up the beaver and returned to the warehouse.
WILLIAM JAMES LONGSTAFF . I heard a cry of "Stop thief"—I went out and followed—the prisoner was running by—I pursued and too him—but no one coming to say any thing against him, I let him go—I am sure he is the person.
Cross-examined. Q. Is Mr. Michael Longstaff your father? A. yes—the cloth has been since sold.
Fifth Jury, before Mr. Sergeant Arabin.
CHARLES KINNEAR . I am a goldsmith. The prisoner has been in my employment some years—I have missed large amounts of gold—on the 16th of September I required some gold that was in the prisoner's possession—I caused his drawer to be opened by the foreman, and missed nearly two ounces—I was satisfied he must have taken it from his drawer, and sent for him—he was absent from home—I sent a message that be must come to me immediately, and on the Sunday he came—I was in the workshop—I said he had stolen the gold—he said he had not—I still persisted in the charge, and said he had stolen some rings—he said he had one ring, and he pulled it from his pocket—I said he had done very wrong as I had missed a considerable quantity of property, and would give him into custody—I said I knew he had pawned part of it, and had sold some to refiners—he then admitted part of it was pawned, and I asked for the tickets—he said they were at home with his wife—he begged very hard that I would let him go, and said he could make it right—I said he must go before the Court—I sent for my foreman, and to him he confessed something—I sent for an officer and gave him in charge—the wife gave seven or eight duplicates to the officer—the prisoner said he was in distress, and took it intending to return it—he had been with me nearly five years—I have lost seven or eight ounces of gold in a fortnight.
Prisoner. You promised, if I gave up the duplicates, you would for give me before the officer came—I should have made it good. Witness. I made no such promise.
Prisoner. Mr. Reynolds kept tie gold account three years, and Mr. Bannister after that; and the two men that were discharged were on Mr. Clapham's account, not mine—he never suspected me before. Witness, I have lost gold before that—on the last weighing up he had eight or nine ounces, and was supposed to have used loz. 5dwts.—I required it at the close of the day, and it was two ounces short.
Prisoner. You know I melted all the gold, and there is a great deal of waste—the gold was not made up correctly the last time.
SAMUEL BROWNING . I am shopman to Thomas Stevens, a pawn broker, living in Wardour-street, Soho. I took part of this property from the prisoner—it is a piece of gold—eight articles were pawned by the prisoner; the first on the 7th of April, the last on the 25th of August.
Prisoner. He employed a foreman, who absconded, and did not make up his account—the persons who were discharged were not on my account—mine was always correct before this time—I acknowledged what I had pledged, but it was through the greatest distress—I expected every day to get better—I was under the doctor's hand at the time—I have pledged things before, and got them out again—I told him I had pledged it, and he knew what I had suffered by illness—he said he would not hurt me if I had given up the duplicates—I sent for them, and my wife brought
them—I should have got these things out the next day—I have before paid 15s. a week for a loss which I had, and I thought he would do the same again, make it a debt, as he had done before—that was the cause of my giving the duplicates up.
(Joseph Williams, a goldsmith and jeweller, of George's-row, gave the prisoner a good character.)
GUILTY . Aged 45.— Transported for Seven Years.
JULIA BATES . I live with my master, Mr. Fraiser, a publican at South Mimms. On the 28th of September I saw the prisoner on my master's premises—I went to take my dinner between one and two o'clock—I bad seen the prisoner before—I saw him take this jacket, which was in the tap-room, under the seat, and put it into his pocket—I was not sun whether it was his or not—I did not mention it till he went away, and then I took the horse and overtook him just on the other side of young Mr. Fraiser's, with the jacket in his pocket—I charged him with it—he said he had not got it, and then he said he took it up at the door—he de livered it up to young Mr. Fraiser.
GEORGE FRAISER . I am the prosecutor's son. I heard of this, and pursued and took the prisoner about one hundred yards off, sitting on the shafts of a wagon, assisting the men I believe in emptying the coals—he was asked for the jacket, and denied having it—I said he had better give it up, or I should have him taken.
Prisoner. I had it, but I was in liquor—I took it up against the horse-trough—this man said it was his, and I gave it him.
GUILTY . * Aged 24.— Confined One Year.
2230. BENJAMIN BETTERSON was indicted for stealing, on the 24th of September, 1 bag, value 2s.; 1 handkerchief, value 1s.; 1 key value 1s.; and 1 printed book, value 1s.; the goods of Ann Jordan, from her person.
ANN JORDAN . I am single. On the 24th of August, about seven o'clock in the evening, I was near the Birmingham railroad, a very short distance down, near the Regent's-park, waiting to see the train come in, and had a bag on my arm—I observed the prisoner standing about, telling a lady when the train was going down, and at the time the train was passing, he cut the bag from my arm—I saw him go off with it; he ran away—him on the shoulder, I could not hold him, and he got away—I gave the alarm—he was soon after taken, and I recovered my bag; it contained a prayer-book, key, and pocket-handkerchief.
ROBERT BOWLING . I am a lithographer. I heard an alarm of "Stop thief," and saw the prisoner pass me, running with this bag in his hand—I followed him down Park-street, and came up with him—he said, Halloo, what do you want?—I said, We will see a policeman, and we will see what I want"—he said, I am sure you have nothing to do with it"—I said, You have stolen a lady's reticule—I went as far as Grove-street—he
said, Do you mean to come this way?—I said, Yes, I do"—we saw a policeman, and I gave him into custody.
Prisoner. Q. It was dark, can you swear to me? A. Yes, I saw you throw the reticule over into the gardens.
Prisoner. I was up in the Park, and was coming home till I got to Park-street—I then had occasion to have a row with a lad—I ran off—then this lad came up, and accused me of taking a lady's reticule.
GUILTY . Aged 18.— Confined One Year.
HORACE PECKOVER I am in the service of James Franklin, pawnbroker, of Tottenham Court-road. A watch was pledged by the prisoner on the 25th of September—on the 26th he came and had 5s. more on the watch, and while he was there he took the waistcoat down, I suppose, as it was found on him—the waistcoat was there in the morning, and this was six or seven o'clock in the evening—I had observed it in the after soon—I did not see it again till at Marylebone office—this is my master's waistcoat.
EDWARD CAMPION . I am a policeman. I was called on the 26th to take the prisoner into custody, and found this waistcoat under his coat—it the station-house the Inspector asked him how he came by it—he said he bought it for 3s. of an old Jew in the street.
GUILTY . Aged 32.
BENJAMIN LANCASTER . I live at Uxbridge. The prisoner is my wife's brother-in-law—he lives in town—he came to ray house between seven and eight o'clock on Sunday morning, the 24th of September, and remained there all day, and slept at night in the adjoining room to me—I went out to work next morning—the prisoner came to breakfast—he had been out in the morning, and I suppose then took my watch—I missed it at night—I thought he had got it, and I came to town—I met him in Tottenham Court-road, and he said he had pawned it—I asked him to get it out—he said he had not got the money—he then said he had got but 5s., but he had got 8s. 6d., which he took out of his pocket, and said he would be d----d if he would give it—I called the officer and took him—this is my watch.
GUILTY . Aged 32.— Transported for Seven Years.
DAVID OLIVER . I keep the Rose and Crown, Berner-street, Edgware-road. On the 25th of September, at half-past eleven o'clock at night, there were two or three people outside in the lobby—a Person named Vine asked for change for a half-crown—I took one shilling and three sixpences out of the till, and laid it down—the prisoner
took it up, and I asked for the half-crown—he said, "I have given it you"—when Vine saw the prisoner take it up, he said, "Give me the change"—I said, "This man has taken it up"—the prisoner said he had given me the half-crown—I said I had received none, and would send for a policeman—the prisoner wanted to go into the yard—I would not let him, and he remained till the policeman came, and as he was taking him from the house a shilling dropped from him, which they picked up—they took him to the station-house, and found one sixpence in his pocket, and two dropped from him—he had some more money in a bag, I think it was fourteen shillings and sixteen sixpences.
Cross-examined by MR. PAYNE. Q. How many persons were in the place at the time? A. Three besides himself—he never denied having taken up the shilling and sixpences—all he said was, he had given me the half-crown—I was not aware at the moment who it was that asked—my attention was not taken up by any thing at the bar, to my knowledge—the person who asked for the change was on one side of the beer-engine and the prisoner on the other—I am not able to say whether he was sober—he was not in liquor that I saw.
JOHN JONES . I am a biscuit baker, and go out with a few pies. I saw the prisoner at the Pontefract Castle—he asked me for a twopenny pie, and I was told not to serve him, as he had robbed a poor man of some trotters—I declined serving him, and went to Mr. Oliver's—the prisoner came in at the time and stood against the bar—there was change for a half crown asked for—Mr. Oliver threw down the change and the prisoner took it up—there was no other money put down.
Cross-examined. Q. Do you keep a shop? A. Yes, in William-street, Lisson-grove.
SAMUEL DILLON . I am a policeman. I took the prisoner—as I was bringing him out he said he had taken the money up and had given the half-crown for it—he said he had asked for change—he put his hands into his pockets, and there was a shilling dropped, which I took up—when I got to the station-house he pulled out a purse, which contained one sovereign, fourteen shillings, and sixteen sixpences—on searching further I found one sixpence in his pocket, and two more he dropped.
Cross-examined, Q. Did he make any resistance? A. No—he had the appearance of having been drinking.
NOT GUILTY .
GUILTY. Aged 34.—Recommended to mercy.— Confined Six Months.
2235. HENRY HINES was indicted for stealing, on the 24th of September, 1 jacket, valued 4s.; and 1 cap, value 1s. 3d.; the goods of the Overseers of the Poor of the parish of St. Giles, Without Cripplegate; from the person of William Lucas.
JOHN SUNDERLAND . I am the master of Cripplegate work house. The prisoner was a pauper in that house, and ran away on the 24th of June—three or four other boys went with him—they were all clothed with workhouse clothes—William Lucas was not one of those boys—on the 24th of September they all had clothes, and Lucas among the rest—they all re turned except Lucas—Lucas was brought on Tuesday with an old suit of clothes on, and he said that Hines had taken his things—this is the jacket and cap that Lucas had.
WILLIAM LUCAS . I was a pauper in Cripplegate workhouse—we were coming from church one Sunday, and I met Hines—he told me to come up the court with him, and give him my jacket and cap—I went away—Hines kept the jacket and cap—I took the jacket off—he took the cap off himself I did not know what he was going to do with them—he put the jacket on himself, and went away—he asked me to pull the jacket off—I am eleven years old—he is fourteen—my brother took me back—I left without leave—I did not mean to sell my jacket—I did not know what he meant to do with them—he gave me his jacket and cap.
Prisoner. Q. Did you ask me to change jackets? A. No, I did not.
Prisoner. I went to meet my sister on the Sunday—this boy said he had ran away, and was going to live with a sweep—I gave him my jacket and cap, and 3d.—he said, if I did not, he would sell them.
NOT GUILTY .
2236. MARY HINES was indicted for stealing, on the 25th of September, 1 pair of trowsers, value 3s.; 1 pair of shoes, value 2s. 6d.; and 1 shirt, value 2s.; the goods of the overseers of the poor of the parish of St. Giles, Without Cripplegate, from the person of William Lucas.
JOHN SUNDERLAND . I am master of the workhouse. The clothing of the boys belongs to the overseers—I am responsible for it—Lucas went away on the 24th of September—he had new clothing on, belonging to the parish—he was brought back on Tuesday, and had an old pair of trowsers—the prisoner is the mother of the last prisoner.
WILLIAM LUCAS . I went away on the 24th, without leave—I had a pair of trowsers and shoes on—they were the workhouse dress—the prisoner pulled off my trowsers on the Monday, as I was sitting by the fire at her house, and went and pawned them, and bought an old pair, and I put them on—she took my shoes—she did not ask for them—I could not get the trowsers off; the lining was torn a little—she told me to sit down, and she took them off—she asked me whether I came out of the workhouse, and if these were the workhouse clothes, and I said, "Yes."
Prisoner. I owned to pawning them, and gave up the ticket
Prisoner. He came to me on the Sunday, told me he had left the house, and said he would not go back any more—I told him he had better go back—I took him near the house; he then ran away—he came to me the next morning, and told me to pledge his things, to get some victuals and some second-hand clothes, which I did, and he cannot deny it—I gave
1s. for the trowsers, and 1s. for a shirt for him, and I laid out the rest in victuals.
GUILTY . * Aged 35.— Transported for Ten Years.
THOMAS HODGES . I am a linen-draper, in Tottenham-court-road. On the 28th of September I lost ten yards and a half of calico from my shop, near the door—I did not see any body—I discovered the loss about five o'clock in the afternoon—I had seen it safe half an hour before—the officer brought the calico in the evening—I knew it was mine—this is it.
JOHN BRIDGLAND . I am a policeman. I took the prisoner on the 28th of September for stealing a shawl from a linen-draper's shop—I found, in a bundle under her cloak this calico, with twenty-eight yards of print, and seven yards of linen—I found the owner of the calico.
CHARLES DAVIES . I am in the employ of Mr. Charles Mirfin and another, linen-drapers, in Tottenham-court-road. This shawl was taken off a stand two or three feet inside the door, on the 28th of September—I was informed the prisoner had taken it—I went out, saw her, and took her—she had got the shawl and other articles on her.
GUILTY . Aged 17.— Transported for Seven Years.
MARY ANN ASQUITH . I live in George-street, St. Pancras. The prisoner was my servant for one month—I sent her for change for half a sovereign on Sunday, the 24th of September—she brought back two half crowns, four shillings, a sixpence, and 4d.—she had spent 2d.—I put the change into a bag in a drawer in the front kitchen, and it remained till between one and two o'clock—I then took 2d. from it and sent her for my porter—it was safe at three o'clock when I went up stain to change my dress—I came down, and the bag had been moved—I looked and missed a half-crown—I called in a policeman and gave the prisoner into custody—I pointed out the drawer and bag—the officer asked her what money she had—she said none but 3/4d.—I then went up stairs to get my bonnet and shawl—when I came down she spoke to me—I saw her voice was altered, and I said she had something in her mouth—the officer found a half-crown in it.
JAMES CHAPPEL . I am a policeman. I was called in about six o'clock in the evening—the prisoner was charged with stealing a half-crown—she denied it and said she had but 3/4d., she turned her pockets out, and put down 3/4d. on the table—she said that was all the money she was possessed of—Mrs. Asquith went up stairs to get her bonnet, and when she came down she said the prisoner had got something in her mouth—I took her by the back of the neck, put her down on the sofa and took the half-crown from her.
Prisoners Defence. My mistress began to scold me the first thing on Sunday morning—she sent me to the baker's with two Pies, and gave me a half-sovereign to pay for them, which I did, and brought her the change—while
I was having my tea. she called in the policeman, and accused me of stealing a half-crown—they found it in my mouth—it was given me by a gentleman in the house—my mistress expected part of the money that the lodgers might make me a present of, and I thought it very hard to be obliged to share with her what trifle I might receive—she has trumped up this charge against me, to defraud me of my wages and clothes, and to blast my character.
MARY ANN ASQUITH re-examined, I keep a boarding and lodging house—the gentleman left a shilling with me on the Sunday previous, and I put a sixpence to it—she said, "I am very glad of it," and went and got some ale.
GUILTY . Aged 42.— Confined Six Weeks.
2240. CHARLES WINTER was indicted for stealing, on the 21st of June, 4 whips, value 2l. 10s.; 5 carpet bags, value 2l.; 3 yards of carpet, value 10s.; and 6 brushes, value 12s.; the goods of William George, his master: to which he pleaded
GUILTY . Aged 21.
(The Prisoner received a good character, and was recommended to mercy by the Prosecutor.)
Confined Two Months; One Month Solitary.
GEORGE BARRAND . I am a carpenter. I was at work at Mr. Browning's, in Upper North-place—the prisoner came there and asked for some things—I told him we had got none—he went away, and when I came back from dinner I missed my plane from the shed—this is it.
FREDERICK SCOONE . I am a pawnbroker, and live in Turnmill-street, South. On the 25th of October I was called by the foreman—the prisoner and a deaf and dumb man were there—the prisoner wanted 4s. on this plane—I detained it, and told him to send those who he said it belonged to, as I knew it was worth more than he asked for.
Prisoner. My brother brought it to me.
GUILTY . Aged 20.— Confined One Month.
GEORGE SAVAGE . I am shopman to James Thomas Hawes, a pawnbroker, in Whitechapel-road. On the 26th of September I saw the pri soner take a gown from the door-post—I had seen her about an hour before—she walked away with it—I followed her down a court three doors off, and found it under her cloak—she said she had just paid for it, but I knew she had not.
GUILTY . Aged 53.— Confined One Year.
OLD COURT.—Thursday, October 26th, 1837.
Second Jury, before Mr. Sergeant Arabin.
MR. KEENE conducted the Prosecution.
RICHARD LATHAM . I live in Westborne-terrace, Bayswater On Friday, the 6th of October, I was passing towards my house, and crossing Paddington-green, 1 felt something at my pocket—I immediately turned round, put my hand into my pocket, and missed ran handkerchief—nobody was near me but the prisoners at the time—they ran away, and I halloed to stop them—they ran round the churchyard, down Manor-place, which is no thoroughfare, and the policeman ran after them.
JAMES MAYCROFT TURNAGE (police-constable T 116.) On the afternoon of the 6th of October I was in the station-house, about four o'clock—a woman said I was wanted—I immediately ran out, down the road, seeing several people running—I turned up Manor-place, and saw the prisoners running up—I overtook the prosecutor at the beginning of Manor-place, in the further corner—I found this handkerchief stuck in between the ledge in the pales—there was nobody before me but the two prisoners—they were walking when I took them—they had been running when I first saw them—I took them about six rods from where the handkerchief was.
(Property produced, and sworn to.)
NOT GUILTY .
SAMUEL WHITFIELD DAUKES . On the 9th of October, about half-past ten o'clock in the morning, I was walking in High-street, Camden-town—the prisoner met me and passed me, and immediately afterwards, as a stage was passing by us, a gentleman outside said, "Sir, that man has picked your pocket," pointing to the prisoner—I pursued—he ran off I gave an alarm, and ran as fast as I could—a butcher sprang out, he ran against him and returned—my handkerchief was taken up and shown to me—this is it—(looking at it.)
JESSE SHOPLAND (police-constable S 44.) I was on duty in High-street, and saw a mob assembled—I went up, and the gentleman gave the prisoner into my charge, and a pork-butcher gave me the handkerchief.
Prisoner's Defence. On the day in question I was going to see my brother, who is a bird-catcher, on Hampstead Heath—I saw the handkerchief lying on the ground—I took it up, and asked a little boy, who was standing near him, who it belonged to—he said, "The gentleman across the way"—the man came across and took hold of me, he shook me, and said I had stolen it—a man named Greenwood had met me about five minutes before, down by the toll-gate, walking towards Hampstead.
GUILTY . † Aged 18.— Transported for Ten Years.
Before Mr. Justice Bosanquet.
2245. MARY SMITH, alias Harding, was indicted for robbing Francis Coham Kelly, on the 20th of July, at St. Leonard, Shoreditch, putting him in fear, and taking from his person, and against his will 1 Purse value 6d.; 6 sovereigns, 1 half-sovereign, 3 half-crowns, 1 shilling, and 1 sixpence; his goods and monies.
FRANCIS CHOAM KELLY. I live in Robert-street, Hampstead-road, and am clerk to Walker and Co., of New Inn. On the 29th of July last I was at the Acton Arms public-house, Kingsland-road—I had missed my road, and went there to ask my nearest way to Islington—I was not tipsy, but I had dined with four gentlemen at East Ham, in Essex, that day, and was a little the worse for liquor—I had certainly taken a glass of wine—I mean several—we had two bottles of wine between four of us—I did not sit down in the public-house—I did not sec the prisoner there—I believe she is one of the three women who followed me in—I had not seen them before I went into the public-house—they followed me in almost immediately after—one of them called for a quartern of gin—I called for a glass of beer my self before they came in, and put my hand into my pocket, supposing I had silver to pay for it, but I had none, and took out my purse to change a sovereign to pay for it—as the landlord was giving me change, he asked the female who called for the gin who was to pay for it—(that woman has been posecuted already)—she immediately said I was to pay for it—that was not the prisoner—the price of the gin was taken for out of my change—I objected to it at first, but finding it likely to make a disturbance, I told the landlord he had better take it rather than have a disturbance there—I put the change into my purse, which I placed in my right-hand trowsers' pocket—I then immediately left the house—the women followed me out directly, all three of them—the moment I got out I was seized by one of them by both arms—that was the one who has been already prosecuted—the second came to my left side, and placed her hand on my left side, and the third came on the right side; and the moment I moved to get away, she unbuttoned my pocket, and drew the purse from it—I believe that was the woman not in custody—there were six sovereigns and one half-sovereign in my purse—I am sure they were safe in my purse; and I believe the silver in it was three half-crowns, one shilling, and a sixpence—I had changed sovereign, and received half a sovereign among the change; and the half pence were in my waistcoat-pocket—I cannot swear whether the prisoner was one of them or not, but I believe her to be one—two of the women immediately made off, down Kingsland-road—the third remained for a second, and then walked in a contrary direction—she was immediately apprehended by a policeman, and has been tried—I never saw my money again, nor my purse—there was nothing found on the woman who was taken up.
HENRY KNOTT . I am a die-sinker. I was in the Acton Arms on the 29th of July—I was servant there then—the prosecutor came in about half-past ten o'clock and called for a glass of porter, for which he gave a sovereign—while he was drinking the porter, the prisoner came in after him there was a girl called Newington Nance with her, and another—I knew the prisoner before by sight by living there, and have heard her go by the name of Harden—master gave the prosecutor the change—he put it into a leather purse, and put it into his right hand pocket—he was taken sick at the bar—ho was not very tipsy—he had been drinking wine, and the porter took an effect upon him—he appeared to know what he was about-master called me to see the gentleman out, and I went to do so, but girls said they would see him out, and they would not let me see him out—I tried to do so, and they came in between us—I am sure the prisoner is one of the three—I can swear to her—the three girls took him to the corner—I saw him outside the house—the one not in custody put her hand into the gentleman's pocket and took out the purse—the prisoner had got him round the waist—when they got the money they made off—I
went and informed my master directly—I did not go after them, but Freeman, the next witness, did.
Prisoner. Q. Did not the other two take hold of the man and lead him out? A. All three of you did—I did not say to my master Shall I go outside and see the gentleman righted?—my master called me out.
Prisoner. I was left inside the bar, and he went out after the two girls. Witness. She was not.
JAMES FREEMAN . I am a carpenter. I was in the Acton Arms—I had not seen the persons inside—I had not been there more than ten minutes—I saw two or three women at the bar, but not to notice them exactly, nor had I noticed the prosecutor—as soon as I came out of the house I saw the prisoner with two other females holding the prosecutor very tight, and in about half a moment the prisoner and another ran away—the third was walking away and the policeman took her—I gave inform ation to the police and the prisoner was afterwards taken—I have known her by sight for four or five years—I am sure she is the person who held the prosecutor.
Prisoner's Defence. The woman who is transported was with the gentleman—I came by, and she had a pot of half-and-half, and a pint of gin—she asked me to drink—I was going into the public-house, and when I came out she made me stop to drink again, and there was another young woman with her—the woman who was prosecuted said she would go to see Mr. Kelly home—he was going to give her something to drink before they went home, and she said, Come in with us"—I went in, and he was sick—the two girls led him out and I remained behind drinking the gin when I came out, I saw Mr. Kelly with one of the women, the other was gone away—I went away and was never near him, and never saw his money.
GUILTY . Aged 22.— Death Recorded.
Before Mr. Justice Coltman.
2246. HENRY KELLERMAN was indicted for stealing, on the 22nd of September, at St. George, 1 jacket, value 1s. 6d., the goods of John Thomas: and 1 pair of stockings, value 1s., the goods of William Birch in the dwelling-house of Mary Ann Hall; and for burglariously breaking out of the said dwelling-house, about the hour of four in the night of the same day.
MARY ANN HALL . I live in Old Gravel-lane, in the parish of St. George in the East. I live in the house myself, and take in lodgers by the week to board and lodge—I know the prisoner—he had lodged in my house two or three days previous to the time he broke in—I had desired him to go—on Thursday night, the 22nd of September, the house was all fastened up when I went to bed—I did not examine it myself—I was called up by one of my lodgers about half-past four o'clock in the morning and came down stairs—it was daylight at that time—directly I came down I saw the prisoner in the yard—my lodgers had got him there—I saw him searched when the policeman came—the policeman was sent for immediately—I did not see any thing taken from him myself—a pair of stockings was shown to me afterwards by the policeman—they were William Birch's stockings—he was one of my lodgers at that time—I am positive they are his—I washed them for him on the Tuesday previous—they are cotton—
I saw them hanging on a line in my back kitchen after I washed them on the Wednesday—I cannot exactly say at what time—the prisoner had left my house at that time—I think it was on the Tuesday that he left—I can lot exactly say whether it was on the Monday or Tuesday, but I saw the I stockings after he was out of ray house, I am sure—I also saw a jacket in the policeman's possession—that was the property of John Thomas, who was a lodger in my house at that time.
Prisoner. Q. What did you do with my jacket, which you took off my back before you turned me out of your house? A. He took the jacket off himself—it is in my house now—he owes me a good deal of money—he took the jacket off his back, and I turned him out—I have got the jacket to pay for out of my pocket—I made myself liable to the person he bought it of, and have got it to pay for—his watch is in my house but he owes me about 9l., and that is all I have of his in my possession
JOHN LORD. I was a lodger in Mrs. Hall's house; I am a sailor. On be morning of the 23rd, (I do not know the day of the week,) I came down stairs a little after four o'clock—I opened the window, and then the shutter, and looked into the yard and saw the outer door of the back kitchen open, and saw the prisoner get over the paling into the next yard—I got upon the paling myself, and saw him in the yard—I spoke to him, for he could not get further there, and was obliged to stand—it was just light enough to discern him—the houses prevented his getting further—I called him by name, and said that was him—he made no answer—I immediately went in doors and gave an alarm—I went round the house to see if he would come out round at the back—during that time he was secured—I saw him next in the house, in custody of some of the lodgers, Daley and Thomas, who are both gone to sea—I fetched a policeman, and then went into the yard where I had seen the prisoner, and there found a jacket belonging to John Thomas—I know it was his—I did not hear Thomas say any thing about it in the prisoner's presence—I saw the back door open I had secured it myself the night before—I do not know whether the house had been broken in in any way—there was sufficient room for him to get through a window in the middle of the house, which had three squires of glass broken by accident—that window looks into the yard—I think he might get through that window without breaking any part of it—I bad seen Thomas's jacket the night previous—I had it in my hand before I secured the door.
JAMES CRAWFORD . I am a policeman. I was called by Lord about half past four o'clock on the 13th of September—I went into the house and found the prisoner in custody of Thomas and some others, and Lord and somebody handed to me this jacket—the prisoner was present at the foe. and it was stated to me that the jacket was found in the yard which the prisoner tried to make his escape into—the prisoner made no reply—I the searched him, and found in his pocket a pair of stockings, which I now produce—William Birch, who is now absent, said they were his—the prisoner heard that, but said nothing—north further was said—I have to jacket and stockings here.
MRS. HALL re-examined. These stockings belong to William Birch there is no mark on them that I know of—I have never done any thing to them but washed them—I know them by their appearance—I only washed them once—this jacket belongs to John Thomas—I have no particular mark on it—he had been in my house about a fortnight this time,
he had lodged with me previously, but I had not seen the jacket before to my knowledge.
JOHN LORD re-examined. I know this jacket to be John Thomas's—I have seen him wear it in the house—it was shown to him in the prisoner's presence, and he claimed it after I brought it out of the yard—the prisoner was in the same room when he claimed it—I cannot gay I whether he heard him, but he was close enough to hear—we were all standing round a table, about a yard and a half square.
Prisoners Defence. On Wednesday night, about seven o'clock, I went I out, and was with a shipmate, drinking with him—when I came in Mrs. Hall asked me where the things were I had taken out of the house I said I had taken nothing—she said, Search him, if he has any money"—they searched me, and found some money, but I was intoxicated, and do not know how much there was—it was not much—she said, "You had better take your jacket off"—I did so, and laid it on the table—they shoved me out of the house, and I was two days without any where! to go—I got a ship, but having no place to sleep at night, I went to a back yard to see if I could get a place to sleep in—and in the morning that man opened the window, as I was going away, and Thomas and an other came and took me—the policeman said, Whose stockings are these?"—I said, They are mine"—I had a pair just like them in the house, and hung them up to dry, and I took these off the line, thinking they were my own.
NOT GUILTY .
Before Mr. Baron Bolland.
2247. WILLIAM WHITE was indicted for unlawfully, maliciously, and feloniously assaulting Maria Williams, on the 13th of October, at St. Dunstan, Stebonheath, otherwise Stepney, and unlawfully, maliciously, and feloniously cutting and wounding her, with intent to maim and disable her.—2nd COUNT, stating his intent to be to do her some grievous bodily harm.
MARIA WILLIAMS . I am the wife of Edward Williams, and live in James-place, Stepney-causeway, in the hamlet of Ratcliffe, in Stepney parish. On the 13th of October I was sitting at my tea—I was called out by my next-door neighbor, and went to the door—I saw the prisoner, in a ruffians sort of way, having a neighbor's little boy by his two arms, inside his door—he was threatening him that he would beat him I and ill use him—I asked the boy what he had been doing to the man—the boy, in a flood of tears cried and said, "Nothing, Mrs. Williams"—the prisoner said he would do for the boy, and said he had been making noise—I turned round and said, "Fetch his father and mother"—on my saying that, the prisoner made use of a very bad expression—he called me a b----b----, and jumped out of his house, and said he would make father and mother of me—he ran out of his own house, and knocked me down with his fist—he struck me about the head and face—one blow knocked me down—he hit me on the face with his list, and then kicked me on the head, and in different parts of my body—he struck me three or four times with his fist after I was down—my eyes struck fire—there was like sparks of fire came out of my eyes—he kicked me either three or row times, I cannot say which—he kicked me on the back of my neck, make shoulder, and right arm, and on my head—and he kicked me in * * * *—he tore my petticoats all off, every string, even to my pocket—I lost 5s., 6d., which was rolled up in a bit of white paper—I had wounds from the kicking and beating—the surgeon attended me eight days—I
was confined to my bed till last Saturday—Mr. Ross has attended me ever since—I am not well yet—I was obliged to go to bed the same evening, and vomited blood out of my mouth and nostrils—on the Saturday morning the policeman came to fetch me to go to the Thames police against the man, and the Magistrate sent me to Mr. Ross—I was taken there in a cab—Mr. Ross examined me—I had wounds where he kicked me in***—Mr. Ross saw them.
Cross-examined by MR. PHILLIPS. Q. Did you not return to your own because after being once at the prisoner's house? A. Yes—I did not go to his house again about a quarter of an hour after—he came to my house and broke the door open, and gave me a kick on the shin.
Q. Why not tell my Lord of that before? A. did not think I was to go into every thing all in a minute—I did nothing to the prisoner to indues him to use me in this way—I merely said, "Jemmy you are a naugty boy, what have you been doing to this man?"—I said nothing to the prisoner, only asked him what the boy had been doing—I never field my hand to him—Annah Durant was present when I went to his issue—I did not call him a cat-skinner—it was his wife—I cannot say whether he was sober—I never spoke to him before, and he never offended me before in his life—he did not appear by any means intoxicated—I do not think he was—he might be tipsy, but I cannot say that he looked to me as if he was tipsy—I do not know whether he was sober or drunk—he did not appear to stagger, or any thing of the kind.
ANNAH DURANT . I live at No. 4, James-place. I was present on this occasion—I heard the cries of the children—I had a boy of my own, about nine years of age, with the children—I went out and saw the prisnore, having James Phillips, a boy, by the arm—I asked the boy what he had done—I was at the prisoner's door—the prisoner said what was that to me making use of a very bad expression—the boy said he had done nothing—I called Mrs. Williams out—she went to the prisoner and Baked him what the boy had done—the boy answered, Nothing—the prisoner said nothing at that time—Mrs. Williams said, Don't ill use ton, send for the boy's mother or father"—Mrs. Williams turned round to go home, and the prisoner followed her to No. 6, where he knocked her down—I think, to the best of my knowledge, the blow struck her on the head—when he had knocked her down, he repeated the blows five or six times on the head and face, with his fist—he then jumped on the back part of her peck, between the shoulders—and in her turning round to try to get up, he stepped on her chest—I cannot say whether he turned her round, or whether she turned round herself—when he jumped on the back of her neck, her back was towards the ground, at least sideways—she toned on her back, and he stepped on her chest, and then kicked her twice, to my knowledge * * * * both behind and before.
DANIEL ROSS I am a surgeon and live in High-street, Shadwell. On Saturday the 14th, after this happened Mrs. Williams came to me—I examined her body and found several contusions about the head, face, left Shoulder, and right arm—I found a wound on the left labia that might be produced from a blow with a shoe, with a nail, or a tip at the end of it—a kick would do it—it was an abrasion of the surface, rather better than an inch long—it was a fresh wound.
Cross-examined Q. Might it not have been made with a great many other things? A. Something blunt—she did not mention a shoe with
a tip at the end of it to me—she desired me to look at the parts and I did—I do not know whether the man had a tip to his shoe or not.
COURT. Q. What was the depth of it? A. It was merely an abrasion of the skin, quite superficial—there was congealed blood over the wound, and the part was swollen.
JAMES CRAWFORD . I am a policeman. I was called on, on the 13th, about eight o'clock in the evening—I met Mrs. Williams in James's-place, Stepney—she showed me some bruises about her neck and face—she pointed out the prisoner to me—he was standing outside a door, and was convenient enough to hear what she said to me—he might have heard, he was about six or seven yards off—I went to him and told him the charge, and that I should take him to the station house.
Cross-examined. Q. Do you know where Mr. Ross lives? A. I do it is about a quarter of a mile from the prosecutrix's.
GUILTY of an assault only. Aged 38.— Confined One Year
2248. WILLIAM WHITE was again indicted for unlawfully, maliciously, and feloniously assaulting James Crawford, on the 13th of October, and cutting and wounding him on his right hand with intent to maim and disable him.—2nd COUNT, stating his intent to be to do him some grievous bodily harm.
MARIA WILLIAMS . I am the wife of Edward Williams, and live in James's-place. I was sitting at my tea and was called out by Mrs. Durant—I went to assist the little boy—the prisoner had him in a very rough sort of manner—I went and said, James, you naughty boy, what have you been doing to this man?" when I went to his door he kicked me, knocked me down and kicked me in different parts—he kicked me about the ground, turned me over and stamped on my chest—I com planned to Crawford, who was the first policeman who came, of the prisoner's conduct.
Prisoner. Q. Did you not come into my place and ask me what I was going to do with the child? A. No—I did not.
JAMES CRAWFORD (police-constable K 253.) I was called on on the 13th of October—there were a number of people there—I met Mrs. Williams outside her own door—she showed me some bruises about her neck, and face, and shoulder, and pointed the prisoner out, she said he had knocked her down with his clenched fist, and when down had kicked her and turned her over—I went to the prisoner and told him the charge and that I should take him to the station-house—he said that neither two nor three policemen should do it—he then attempted to get inside a door which he was standing at—I laid hold of the collar of his smock frock—somebody in the rear called out, Policeman take care, he has got a knife"—the prisoner heard that—I had hold of him at the time, and just at that moment he pulled a knife from under his smock frock this is the knife—he made a thrust at my body—I avoided that by bending my body, and the knife went against the wall, and with my left hand I laid hold of his hand which the knife was in—all this was done in silence—on laying hold of his hand, before I could prevent him he drew the knife up and cut, with a slant cut, the flesh of the joint of
of my finger—it was his act—I had hold of him by the right hand by the collar, and laid hold of his right hand with my left hand by the wrist, and he suddenly drew his hand up and made a cut at the hand I held his collar by—I am of opinion he cut me to try and get out of my band, to get into his own door, as he did afterwards—I am of opinion it was to get my band from him—I believe it was intentionally done—it cut the joint of the first finger of my right hand—it was not a very great found—the skin was cut off—there is a scar now—I had the hand on his collars—I think it must have been the right hand he had the knife in, bet I am not positive—I had hold of his hand with my left hand—he drew his right hand up, being stronger than me in the arm.
Q. Might it not have been in trying to get out of your grasp that the knife went up and cut you? A. I consider, from the violence of the thrust that he made at me, that it was intentional—to the best of my opinion, it was to try to loosen my hold of him—one of the neighbors lad hold of him by one hand and I the other—he was indoors, and he dropped the knife on the floor and I picked it up—he had got out of my hand and gone indoors—I took him to the station-house, and if Hi searching him I found this sheath in his trowsers a pocket.
Prisoner. What he has said is false—that knife, when I came home from work, I put on the table, and in the scuffle it fell off the table on the tour—I wish his finger examined, to see if it might not have been done by knocking his hand against the brick wall—when the policeman was fetched to take me, he said, You are my prisoner"—he never said what it was for, or any thing—I told him I would not go with him—he collared me and I collared him—being the strongest man, I would not go with him—he went and got more help, and knocked at the door, and I let them in, and went with them.
COURT to JAMES CRAWFORD. Q. When you went up to him at the door, tad told him you should take him to the station-house, what charge did you make against him? A. I told him he had been charged with assaulting Mrs. Williams, and knocking her down, and trampling on her, and tearing her pocket off, which contained 5s. 6d.—that was the charge I had received from Mrs. Williams.
MRS. WILLIAMS re-examined. During the struggle with the prisoner I to my pocket, and 5s. 6d. wrapped up in white paper—all my clothes were torn off, but I cannot positively say the man robbed me.
JURY to JAMES CRAWFORD. Q. Was the prisoner drunk at the time? I could not consider him drunk—he was not staggering—he appeared to be his rational senses about him—he appeared to have taken some liquor—he did not appear to me to be intoxicated, nor did he at the station-house.
GUILTY . Confined One Year longer.
Before Mr. Justice Bosanquet.
2249. MARGARET O'BRIEN was indicted for unlawfully, maliciously, and feloniously assaulting James Ward, on the 2nd of October, and cutting and wounding him upon his head, with intent to maim and disable him.—2nd COUNT, stating her intent to be to do him some grievous bodily harm.
JAMES WARD . I live in Grasshopper-court, White cross-street, St. Luke's. The prisoner lived within two doors of me in the same court. On the 2nd of October she was coming down White cross-street, where I was at work, at my master's—she had a row with some women
before she got up to me, and the policeman was hunting her down—I was letting the water run into the street by order of my master, and she began to use very low language to me—I said, My good woman, go away about your business, I have nothing at all to do with you"—I was stooping down again to work, and she took up a brick and struck me on the head, and cut my cap—I became senseless, and could do nothing—when I came to myself her husband had got hold of me round the middle—my wife was coming down the street when she struck the blow—she was within sight—my wife came up, and the prisoner struck her with the same brick over the temple—she had the brick in her hand—she thought to make her escape up to her own place—she ran away up the court, and the policeman after her—she was taken, and taken to Worship-street.
Cross-examined by MR. BALLANTINE. Q. Have you told the whole that passed A. No—she used very abusive language to me—I used none to her—I told her to go away—those were the only words I spoke—I am a bricklayer's labourer, and was in the employ of Wright, of Bunhill-row, at the time—I was clearing the water away that had stopped before a buildings the policeman was in chase of her up the street—he was close to her—she did not get five yards before he took her—my wife was coming up the street from not many doors on the other side of the way—she never spoke to her, that I will swear—nothing passed between my wife and her in my pre scene—the prisoner called me an old b----—I never said any thing to her, but told her to go away—I did not tell her to go away before she. spoke to me—you b----old b----" was the first thing she said—I did not know she was by the side of me till she spoke—I have had a know ledge of her in the street for four or five years—I never quarreled with her but once in my life—she then said I had been tried here, at the Old Bailey, for killing a man, and I had never been locked up for any thing in my life and I took and gave her a shove—that did not get up a quarrel between we—I put my hand to her in the gentleman's house where she was, and shoved her out of doors—that was on the Sunday before this transaction which was on the Monday—that was all the quarrelling I ever had with the woman—on this occasion there were no angry words between us
Q. Of course no violence, you never laid your hands on her at all on that occasion? A. Am I to answer that?—I will swear I did not lay hands on her before she struck me with the brick—I am quite certain of it—I know a person named Webb—he was not there—nor either one of them that she has got here—about twenty of them are here—there was no crowd at all, not till after I was cut—I said the policeman sent her off from where she had been having a row—I did not see her before she spoke to me—there were no people there—the woman spoke, and called me a b—old b——that was the first I saw of her—she was about two yards from me then—there might be other people as near, that I did not see—there are always people passing—I say the people who are here to-day were not there then—James Webb was inside the building, and fie was not there at all to see it—I saw him in the building close to where I was at work—I saw him there not many minutes before it happened close to the spot—I did not use any violence to the woman, nor did my wife in my presence—not a word—she struck my wife not a minute after she struck me—she never let the brick out of her hand—I was quite stunned—I had no struggle with the woman—I never laid my hands on her.
on the 2nd of October, about half-past three o'clock—I was coming towards my own home, having been on an errand—I did not do any thing—I was I coming along, and saw my husband with this woman coming over from him, and my husband was all in one stream of blood—I went directly towards him—I did not do any thing, only went towards my husband, and she too the brick and hit me on the head with the same brick as she cut my husband with—I saw her come from my husband, but did not see her Price him the blow—I saw the brick in her hand—the same brick she hit me with—she hit me on the side of the head above the temple—it is to be seen now—it bled very much, and has been an injury to me for better than a fortnight; it has affected my head very much—I did not go to say surgeon—I attended to it myself—a police officer was in pursuit of her down the street, for ill-using an aged woman higher up, and he took her go custody—I went to the station-house—as she was going along she oiled my husband a very bad name, and said, if she could not get her liberty to do for him, she had those belonging to her who would do for the aid man and me, and called us very shocking names—the blow at my temple bled constantly for some time—it was cut nearly an inch long, I suppose.
Cross-examined. Q. You had not seen her before at all that day? A. No, not before I saw her coming away from my husband in this violent sinner—there were a great many people collected—a great many followed us to the station-house—I walked to the station-house and my husband also—we have not been in the habit of quarrelling with this to man—I was not present on the Sunday—she is a woman of such dreadful and disgraceful conduct I am quite afraid of her—she was just coming my from my husband when I saw her first—she might not be half a yard from him—he was bleeding very much—he was standing up, but he seemed quite stunned—I did not say a word to her—she did not give me time to say any thing before she struck me with the brick—I got close up to her—I went close up to my husband when I saw him bleeding, but I did not touch the prisoner—I did not go near her—I went to my husband, and she came up to me with the brick—my husband was almost as near to me as to her—he was standing with his back to me, in a pool of blood, and the prisoner was coming away from him.
FREDERICK HENRY IZZARD . I am a cork cutter. I was passing along Whitecross-street, on the 2nd of October, with my work, and saw the prisoner—she appeared as if she had been drinking a little—I saw her cross from the other side of the way—she was coming from St. Luke's church to the end of Whitecross-street—while she was crossing the road, she picked up half a brick, and fetched Ward a violent blow on the top part of his head—the man appeared stunned, and in about half a minute he was nearly covered with blood—after the prisoner had struck the blow, making use of a bad expression, she said, if she did not do for the husband she would do for his b—w—of a wife—I saw the wife Standing about four or five yards from me—I was about a yard and a half from the man that was struck—the prisoner then threw the brick at the wife—she was about three yards from her at the time—it struck the wife a below on the temple, and it cut her head, just by the temple—the police officer in the meantime was coming up, and I gave the prisoner into custody—she was taken to the station-house—several times, on her way to the station-house, she said if she could not do for the one, she would
do for the other—and if she could not, she had got them that would do it—I heard her give no reasons at all for it.
Cross-examined. Q. Had you seen the prosecutor for any time previous to the blow which you say was struck? A. I saw him at his work not more than half a minute previous to the woman coming up—he was clearing the bricks out of the kennel, to let the water pass through—the woman came across from the other side of the way—no words passed between them at all, that I heard—I was about a yard and a half from him, or from that to two yards—if any words had passed, 1 must have heard them—I am no friend of Ward's—he is a complete stranger to me—I did not see him strike the woman.
SAMUEL HAMER (police-constable G 129.) I took the prisoner into custody, and took her to the station-house—while going along she made use of some very bad expressions, and said she would do for them both—she repeated that more than once or twice—she had been drinking.
Cross-examined. Q. Her clothes were a good deal pulled about, were they not? A. I did not notice that—she had passed me a short time before in the street, and I could see she had been drinking by her conduct she is in the habit of making use of very abusive language when she has been drinking.
MR. BALLANTINE called the following witnesses for the Defence:—
JAMES WEBB . I am foreman of the bricklayers of Mr. Webb, who in building two houses in Whitecross-street. I was there on a Monday, I believe, but I cannot say to the day—I saw the prosecutor—I was at work on the scaffold, within one door of where he was—I saw him and the prisoner standing talking together—I saw him, before she came up, standing at a fishmonger's shop on the pavement—I saw the woman come up, and saw him knock her down—I was not near enough to hear what conversation passed—I saw her get up, and strike him—I did not see what with—I cannot tell what—I did not see Mrs. Ward come up, for a crowd of people came round, and that was all I saw—I saw a policeman come up, and take the prisoner away to the station-house.
COURT. Q. You saw the prisoner knocked down? A. I did—it was with his fist, I believe—I cannot say in what part of her person he struck her—I cannot say whether there was any blood on her—I did not see any—I saw blood on the man when they were going along with the policeman—I did not see Mrs. Ward at all—I did not see her when they went to the station-house—I never saw her at all—I only know what I have said.
REBECCA HANSON . I sell things in Whitecross-street. I was there on Monday, the 2nd of October—I saw the prosecutor standing over the way, and the prisoner coming down the street, going home to her place—the prosecutor crossed the road, and struck her directly—I did not see her come up to him—I know where she lives—she was going the way to her own place—he was standing near the court—she would have to pass win almost to get to her own house—I saw him strike her, and she fell downs—when she got up she struck him again, and they both fell down together; and when the prosecutor got up, I saw his head bleeding I know Mrs. Ward quite well—I saw her and Mr. Ward together when it happened—they were together when first I saw them—very close to each other indeed; Mrs. Ward was as bad as Mr. Ward—she struck as well as the old gentleman—she did not receive any blow herself—there were not many people collected.
COURT. Q. We understand you that Mrs. Ward was close to her husband when the first blow was struck? A. Yes—when Mr. Ward's head was Heeding, I saw the policeman take the prisoner in charge—I did not see any blood about the prisoner—I saw nothing about Mrs. Ward's face—I saw the prisoner taken away—I cannot tell who went with her—the mob followed—Mr. and Mrs. Ward followed—I was selling my things there at the time—I had been standing there before it happened—it was on a Monday between three and four o'clock.
MARGARET DRISCOLL . I was in Whitecross-street on Monday, standing by, and saw Mr. Ward cross the street—I live in Sun-court, but was in the street when I saw this, standing by—I saw Mr. Wardcross the mad and strike the prisoner—she did not do any thing to him first, as for as I could see—when she was struck she took hold of Mr. Ward—they both got hold of one another, and both fell down together into the kennel I saw Mr. Ward get up, and saw his head bleeding, but did not see any more—I did not see Mrs. Ward—I did not see any thing in the prisoner's hand, that is the truth—I did not see Mrs. Ward at all, neither before nor after—I saw Mr. Ward and the policeman taking the prisoner down the street, but I did not go further than that—I was close up to them When Mr. Ward crossed the street and struck the prisoner, that is the truth.
COURT. Q. How came you there A. I was out in the street standing like another person—I was not doing any thing, only standing the same as I am here—I walked out from my own place—I do not live very far from the place, only from Whitecross-street down to the bottom of Golden-lane it is about ten minutes' walk from the place—I believe I came oat about one o'clock, but I cannot say—I did not go any further than I tell you—I was standing in the street and this happened, and I was looking it—I do not know at what time it happened, but I came out about one o'clock—I cannot say how long I had been from home—I do not bow the time—I had been out about an hour—I was standing in the fleet, in the same place, I was not going any where, only coming out for pleasure to walk about—I do not know how long I staid after it happened—I had nothing to trouble my mind, only just to stand there—I went home when I thought it was time to go to my family—I went home about three o'clock—I had not been doing any thing out of the way that for—I went home as soon as it was over—I had nothing to do with it—I am married, and my husband is living—he was at home at the time—he at home every day, he cannot get work—he was not at home when I went out—I have three children, the eldest is twenty-two years of age—he was at home—he was not at home when I went out—there is another of them at school—neither of them were at home when I went out.
JURY. Q. Did you leave home expecting to see the row? A. No, I did not I came out for a walk.
NOT GUILTY .
First Jury, before Mr. Recorder.
in Princes-street, Cavendish-square. In June last, I was living with my father at his stable in Oxford-street—the prisoner was in my service—on the 20th of June I gave a cheque to Samuel Hambleton for 25l. it is not here, it has been paid—I gave it to him to take to our foreman, whose name I forget—I never saw the prisoner afterwards till the day he was apprehended; and at the station-house he begged and prayed me not to press the charge against him, and said he would pay me 5s. a week—I said, "You are an ungrateful fellow, and I am determined to go through with it"
SAMUEL HAMBLETON . I am in the employ of Mr. Kenrick. The prisoner and I used to work together at the same stable—in June last the witness gave me a cheque to take to Richard Stevens—he was outside—the prisoner took it out of my hand, said he knew Mr. Broome over the way, and would go and get it cashed—I did not see the prisoner and Stevens together in the yard—I have never said I saw Stevens, and handed him the cheque, saying, "You are to get this changed "—this is my hand writing—(looking at his signature to the deposition)—which being read, stated that he went to Stevens, who was with the prisoner in the yard, that he said to Stevens, "You are to take this, "holding out the cheque," and get it changed," and the prisoner took it out of his hand.
Q. Which is true, that Stevens was there, and you addressed him, and showed him the cheque, or that he was not there? A. I showed the cheque to him—he was not in the yard, he was outside the gateway—I did not hold this conversation with him—I never had any conversation with Stevens about the matter—I saw Stevens outside the gate—I might speak to him, but I did not do as is stated in the deposition—I never held it out to him—nor desired him to get it changed—I had no conversation with him particularly about it—what Stevens said was that he could not get it changed—I did speak to him—I am not a friend of the prisoner's particularly.
WILLIAM BROOME . I live at 158, Oxford-street. I have not got the cheque here—I sent it to Ransom's bank for payment—there is nobody here from Ransoms—all the witnesses the Magistrate called for are in attendance—the prisoner came and asked me to cash a cheque for 25l. for Mr. Kenrick, and I gave him nine sovereigns and a £5 note; and not having enough cash in hand, I gave him a cheque of 11l. on my own bankers as a balance.
Prisoner. Q. Can you say it was me brought the cheque to you?—A. Yes, I paid him the money on account of Mr. Kenrick, to be paid to him—I never said I thought he was not the man—I did not say a man came up and said he was the man—this is my signature—(looking at the deposition, which being ready did not name the prisoner.)
COURT. Q. You have not mentioned the prisoner in your deposition, by name or by saying it was the man now in custody? A. Mr. Rawlinson asked me whether I believed him to be the man, and I said, to the best of my knowledge, he was the man—I do believe him to be the man I have no doubt of him.
Prisoner. Q. Did you ever see me before? A. I have seen you in my shop and about the yard.
WILLIAM HOOKER (police-sergeant D 3.) On the 4th of October I saw the prisoner, and said, "Dick, I want you respecting the cheque of Mr. Kenrick's"—he said, "Oh, I have made that all right"—I said, "You must go with me"—he said, "It is all right, I have agreed to give Mr. Kenrick 2s. a week"—I took him to the station-house-he said,
"Allow me to go and lee Mr. Kenrick first"—I said, "I will go and fetch him to you."
MR. KENRICK re-examined. The prisoner never called on me after this occurrence—I did not see him afterwards till he was in custody—he cried at the office, and said if I would forgive him he would pay me 5s. a week—he never brought me the nine sovereigns nor £5 note.
Prisoner. Q. Can you swear you never saw me since I left? A. I never saw you since you left our service on the 20th of June—I have trusted you with pounds before—I never saw you working for Lord Churchill—if I had I should have taken hold of you certainly—you are a very ungrateful fellow.
Prisoner. I never received the cheque, and never had the money for it
GUILTY* on the First Count. Aged 22.— Transported for Seven Years.
DIANA OLSON . I am the wife of Andrew Olson, a sailor, and live in Dunitan's-place, Ratcliffe. I was at Mrs. Jackson's, in Dunstan's-place, on Monday, the 2nd of October—she had been confined on the Saturday before, and the prisoner's mother attended her as nurse—at six o'clock on Monday night I saw a child's bed-gown hanging by the fire-place, and at eight o'clock the prisoner's mother came to me, and said her daughter was in Mrs. Jackson's room, in a fit—I went in, and she was in liquor—I went to undress the infant, and could not find the bed-gown—at twelve o'clock the same night I saw the prisoner sitting on the step "of No. 15, in liquor—I asked what she had done with the bed-gown—she said I was a stinking liar, the had not seen it, and I gave her in charge—Mr. Jackson's name is Joseph.
MARY JONES . I keep a shop in Brook-street, Ratcliffe, and deal in second-hand clothes. On the 2nd of October the prisoner brought me a child's bed-gown—I gave her 6d. for it—she begged of me to keep it till the morning, saying it was her baby's bed-gown, and she must produce it again, or her husband would make a piece of work, and she would give me more money for it than anybody else.
Prisoner. I had 4d. on it, not 6d. Witness. I gave her 4d
ROBERT GEE . I am a policeman. I apprehended the prisoner on the charge of stealing the bed-gown—she denied all knowledge of it—she was intoxicated, and not in a state to give a clear account of any thing.
Prisoner. It is my own child's bed-gown, which I buried six weeks ago. Witness. Here are two tucks in it, and it is stitched round the bottom—I do not know whether the prisoner is married, or whether she ever had a child—her mother said she was in a fit, but she was not in a fit when I saw her—it was after eight o'clock—she was then coming down Mrs. Jackson's stairs—I did not know she had the property then.
GUILTY . Aged 27.— Confined Three Months.
2253. WILLIAM PAGE and JOHN FREEMAN were indicted for stealing, on the 19th of September, 3 casks, value 1s. 6d.; and 27lbs. weight of mustard, value 1l.; the goods of Joseph Johnson.—2nd COUNT, stating them to be the goods of John Blomfield.
GEORGE DREW . I live in Frazer's-buildings, Paddington-street On the evening of the 19th of September I was in Farringdon-street, and saw the prisoners near a wagon, in company with another—Freeman jumped up on the wheel of the wagon—took three casks of mustard out, and went through the market with them on his shoulder, and the other two followed him—I followed them into Shoe-lane—Freeman took them down there off his shoulder, and then gave them to the man not in custody—I followed them; and, near Chancery-lane, that man delivered them to Page—they got on towards a court in Holborn, and Page and the other went down the court, leaving Freeman at the end—I gave notice to a policeman, and pointed Freeman out to him—I afterwards went into the court with the officer, and found the three tubs of mustard in the corner of the court—the prisoners all made their escape—I am certain the two prisoners are two of the three persons I saw.
Page. He stated before Mr. Blomfield that he could not swear to either of us. Witness. I did not—I never said so to anybody.
Freeman. Q. Could you distinctly observe the people's faces who were by the wagon in such a broad street? A. I could—I did not meet any policeman while I was following you.
Q. If the people who took the property had met you in the street, by day or night, could you have said we were the people who took it? A. I could—I never stated that I thought you were not the men.
JURY. Q. Look at the prisoners—have you any doubt they are the men? A. I can swear they are.
Page. His brother, who is transported, went to school with me, and so did he. Witness. I did not go to school with him—two of my brothers did, and I knew him by sight, and could not be mistaken in him—I told the policeman at the office that I knew one of them—I cannot swear that I told him I knew his name—I did know it at the time.
Page. I never was in Freeman's company that night, nor for two day before.
THOMAS POCOCK (police-constable F 38.) Drew gave me information about this—he did not name the party—he did not know I was an officer—I was not in my uniform, but I was following him as he was following the prisoners, not knowing whether he was implicated—I followed them to the court—the one who carried the cask turned into the court, and all on a sudden the one who I believe is Page escaped—I took the casks to the station-house—two days afterwards I was coming along Great Russell street, and saw Freeman, and knew him to be one of the three, having distinctly seen his face—I took him, and Page being in his company, I took him also—I did not take Page by Drew's description—I went into the court in consequence of what Drew said to me—he asked if I was an officer—I said, "Yes"—he said, "Then these three men have stolen three casks, and I have been following them."
Page. I am sorry to say I was tried here once, and he was the man who had me in custody, and would he not have known me again? Witness, I did not pass the person of the man who had the casks that night—I only saw his back, and by his height and dress he answered to the person, but I did not see his face—I had him in custody two sessions before.
Freeman. Q. Did you see the property given to me? A. No—I come up to them in Middle-row—I did not see them in Shoe-lane—I followed the people down the court—one person went down the court—you are one of the men—you pulled off your cap to deceive me—I did not go up
the court directly after Page—you made your escape through the side-door of a public-house—I should know the third man again.
COURT. Q. Did the person go down the court with the casks by himself? A. Yes—I went as far as the side door of the public-house which is in the court, and all of a sudden I missed the other two—that was Freeman and the other who is absent—Freeman was the hindermost, and Drew called my attention to him.
JOHN BLOMFIELD . I am a warehouse keeper and belong to the Rose. has in Farringdon-street I saw the three casks put into a wagon be binging to Joseph Johnson of Uxbridge on Tuesday, the 19th of September—I beard nothing more of them till about an hour after the wagon was gone, when Drew came and told me what had happened—the casks contained 9lbs. weight of mustard each, and were worth about 1l.—I have seen the casks since—they are the same—I am considered liable for them—the man who drove the wagon belongs to Mr. Johnson.
Page. He said at the office he had nothing to do with the property after it left his yard.
THOMAS CUTHBERT . I work for John Cobb, of Farringdon-market. I was waiting at the corner of an alley, and saw the prisoners and another man come up and make a full stop at a cart—I knew Page by his being in St. Sepulchre's school with my brother—the one not in custody came round and spoke to Freeman, and Freeman got up and lifted up the tarpaulin—I am certain of his person—I had seen him before in the market buying some things—I told another young man of it, and he went and told the wagoner while Freeman was by the side of the wagon—the wagoner came out, and Freeman crossed the road, and when the wagoner went in again Freeman went and lifted up the tarpaulin—the young man went into the public-house again and told the wagoner—the wagoner stood at the public-house door.
page. This boy appeared at Bow-street, and no evidence was taken at the first hearing—we were remanded, and Drew told him if he came there he should say he knew nothing about it, but what Drew told him—Drew told my friends so. Witness. He never said so.
Page. You told my sister so outside the door at Bow-street. Witness. No—I told her what I had seen, and told her I should tell the truth, and nothing else.
THOMAS HERBERT . I am a wagoner. I went into the public-house to give the porters their beer—I was fetched out, and told the things were being stolen—I went on the wagon—I had loaded the three casks—I went in again to pay for the beer, and then the lad. lime and said there was some body after the cart—I drove it off, and went away—I did not go into the house a second time—I only came out once—I paid for the beer the first time, when the landlord brought it—I left the wagon but once—I went into the public-house, and called for a pot of beer—the young man came and said there was somebody round the wagon, and I came out—I did not come out again—he was gone before I came out—in Holborn the young man came
running after me, and asked if I missed any thing—I undid the cloth and missed the mustard.
Page's Defence. I know nothing at all about Freeman—I never was in his company in my life till two days after the robbery, when I met him in Great Russell-street—I asked him to inform me where Mr. Lee, a potato salesman of Covent-garden, lived; and in the meantime the policeman came and took us, and he told the Magistrate why he took me was knowing me to be here before.
Freeman's Defence, On Thursday morning I got up about six o'clock, to go to Covent-garden market, to take a bushel of apples home—I returned to pay for them, and passing Great Russell-street, the prisoner came over and said, "Tell me which is Lee's, the potato salesman"—while I was going to give him the information the policeman came and took us—when we got there he said, "Do you know any thing about this? "—I said, I do not."
JAMES FREEMAN . I am the prisoner's father. I called on the witness Drew, in order to ascertain the nature of the offence which had been committed, and asked him several questions as to the identity of the persons, and he stated to me that he could not swear to them positively; that he only saw them either side-face or sideways.
PAGE*— GUILTY . Aged 20.
FREEMAN*— GUILTY . Aged 23
Transported for Seven Years.
HENRY HUNT . I am foreman to Robert Richardson, a bootmaker in Tunbridge-place, New-road. On the morning of the 4th of October I put a hamper of boots and shoes outside master's house—the prisoner came to the door, looked at several boots, and asked the price of them—it was soon after ten o'clock—they were all too dear for her—I went into the shop to fetch another hamper out, and she took a pair of boots and put them under her shawl—I received information, and came out and asked her for them—she took them from her shawl and gave them to me—she was about ten yards from the shop—she said she was going to take them home to fit them, and if they fitted her she should bring the money back.
Cross-examined by MR. KEENE. Q. How wide is your shop? A. I cannot say—there are two windows to it—it is perhaps twenty yards wide—she had gone about six yards when I first saw her—I walked sharply after her, and overtook her about a dozen yards off.
ELIZA DAVIS . I am the wife of Richard Davis, of Wood-street, Cromer-street. On the morning of the 4th of October I saw the prisoner near the hamper, outside the shop—I saw her take the boots, put them under her shawl, and walk away with them—I gave information to Hunt.
(The prisoner received a good character.)
GUILTY. Aged 50.—Strongly recommended to mercy by the Prosecutor and Jury. — Confined Seven Days.
SARAH CHAMBERLAIN . I am the wife of Edward Chamberlain, an artist, in Little Cross-street, Islington. On the 4th of October, between seven and eight o'clock in the morning, I missed a tame fowl—this is it—(looking at it.)
JAMES DAVIS . I am a shoemaker. On the 4th of October I saw the prisoner, at the top of Sermon-lane, about half past six o'clock in the morning, while I was feeding my fowls—he was feeding some fowls belonging to Mr. Young, a baker—he had nothing to do with them, and I watched him—he came down the lane towards me, and noticed me watching him—he walked back, and the fowls followed him, and when he turned the corner he stopped, as if to pick one up—I followed him to the corner of Elizabeth-terrace, and there he fed some more fowls—I followed him down Theberton-street, through Islington churchyard, into Kittle Cross-street—he there fed some more fowls, and took up this one—I immediately gave him in charge, and Mrs. Chamberlain claimed it—the policeman and I followed him, and when we got within ten yards of him, he pulled it from under his coat, and threw it down the area—I got it up, and the policeman took him.
Prisoner. Q. Do you keep a marine-store-shop? A. I get my living by shoe-making—I have not opened the marine-store shop above a week.
JOHN SHEEH (police-constable N 133.) The prisoner was pointed out to me by Davis—I saw him put his hand into his breast-pocket and throw the fowl down—I secured him, and found some wheat in his pocket—he said he bought the fowl for 6d. of a boy, and the wheat he had to feed tome doves—he afterwards said the boy gave him the wheat to feed the fowl
GUILTY . Aged 74.— Confined One Week,
2256. MARY DOVE was indicted for stealing, on the 25th of September, 1 pair of stockings, value 1s.; and 1 hank of beads, value 6d.; the goods of Henry Cook: 1 shawl, value 2s.; 1 apron, value 1s. 6d.; 1 pair of gloves, value 6d.; and 1 handkerchief, value 3d.; the goods of Henry Edmonds, her master.
MARGARET COOK . I am the wife of Henry Cook, and live in Devonshire-place, Paddington, with my brother, Henry Edmonds. The prisoner was his servant for three months—on Thursday, the 25th of September, I missed some shifts—the washerwoman said she thought we should find them in the prisoner's box—I proposed to search her box—she said the washerwoman should not do it—Mrs. Edmonds asked if she would allow her to do it—she said, "Yes"—she took the key from her bosom, unlocked it, and put some of her clothes over a small shawl of Mrs. Edmonds's—we found in the box a shawl, a pair of gloves, an apron, a handkerchief, and a piece of muslin, of Mrs. Edmonds's—the prisoner then said we must have placed them there—my stocking were found in her box—she had worn them, and locked them up In her box—she said she thought one of the children had placed the apron there—she said the shawl her own but I knew it was not—it belongs to Mrs. Edmonds—the child had stained it with currants when she wore in—the stockings and beads belong to me—they correspond exactly with what I have at home—she said she knew nothing about the gloves at all.
Prisoner. Q. Had not I a shawl very much like it? A. She had one that colour, but not that quality—when her box was searched, she put her own clothes over it to hide it—the things are worth about 4s. 6d.—I did not find the articles the washerwoman thought I should find—we had lost things every week—we did not allow her to wear our clothes before they went to the wash—such things may be done—my little girl had worn them—they are children's stockings, but they would fit the prisoner—the apron was clean, and was taken from my sister's bed-room cupboard—it is my brother's apron, which he used to wear in the business.
Prisoner. I saw the child with the apron, and she brought it down from her mother's bedroom one morning. Witness. That is not likely—the child is turned five years old, and my daughter is twelve.
CHARLES HIERONS . I am a policeman. I apprehended the prisoner—I was called in about eleven o'clock at night, and found her in her bedroom—Mrs. Cook charged her with stealing the things in her box—she begged of Mrs. Edmonds not to let her go to the station-house—Mrs. Cook gave me the property—I asked her what she had done with the shifts that were missing—she said she knew nothing at all about them.
MRS. COOK re-examined. I had a good character with her—she lived with us three months, and with her last mistress fifteen months—she had 8l. a year—she had been in the hospital six weeks when she came to us, and had not a farthing.
Prisoner. My box was always open, and the dirty clothes were always put into the room—it is the children's play-room. Witness. The dirty clothes were put into the room, and it was the children's play-room, but her box was never open—she always kept the key in her bosom.
NOT GUILTY .
NEW COURT.—Thursday, October 26th, 1837.
Fifth Jury, before Mr. Common Sergeant.
GUILTY. Aged 37.—Recommended to mercy by the Prosecutor
Confined Eight Days.
GUILTY . Aged 66.— Confined Three Months; Three Weeks Solitary,
MARY DELAMORE . I am the wife of Adam Delamore, of Chapel-street, Tottenham Court-road. I put these things out to dry on the leads between ten and eleven o'clock on the morning of the 5th of October—the policeman came afterwards, and I found they were gone—these are them.
GEORGE HOOKER . I live in China-mews, and am a carman. I was coming along Chapel-street about seven o'clock that evening, and saw the prisoner with two others cross the road—one of them went into the prosecotor's
house, while the prisoner and another waited outside the door—in a few minutes they went to the corner, about three doors off—they staid a little while—they then crossed—the policeman then crossed towards them—they moved on to Tottenham-street—the youth came out of the house with a black bag—he went on the same side of the way, where the prisoner and another joined him—I went to the policeman, and pointed them out to him—the tallest one, not the prisoner, turned and saw the policeman—they instantly made off—I could not see who had the bug-they ran across Charlotte-street, Fitzroy-square—the bag was dropped in the road—the policeman collared the prisoner—I am sure he was one of the three, and in company with the others.
WILLIAM FRANCIS (police-constable E 72.) I received information, and saw the prisoner and another going along Tottenham-street, with the bag between them—they saw me and ran—I followed them to Charlotte street—the bag was dropped—I collared the prisoner, and took the bag—the other got off—I only noticed these two—there might be another—when I collared the prisoner, he said, "It was not me that dropped the bag, there goes the man at the corner of Goodge-street"
Prisoner. I know nothing of the robbery, and the man that was at the corner knew that I was not with them—I was passing along.
Prisoner. I saw the bag drop in the road—I walked to pick it up, and the policeman collared me—he knows that I walked off the pavement to pick it up.
GUILTY . Aged 23.— Confined Three Months; Three Weeks Solitary.
SARAH HICKLING . I live in Wood's-court, Westminster, and am the wife of John Hickling, a soldier. The prisoner attended me in my confinement—I went out on the 11th of October, and came back and met her going out—she said she should be in in half an hour—I went up stairs, and missed my things from my box—I went out and caught her at the top of Tothill-street, with these things in a bundle.
Prisoner. I had nothing of my own to part with to get things for my baby, and was obliged to do this.
GUILTY . Aged 18.— Confined Six Months.
2261. JOHN MADDER was indicted for stealing, on the 12th of October,1 shirt, value 6s.; and 1 printed book, value 2s.; the goods of Benjamin Peck: 1 printed book, value 2s., the goods of William Bates: 1 handkerchief, value 5s., the goods of Martha Hayward: 1 shirt, value 2s. the goods of Peter Sprott: 1 pair of boots, value 6s., the goods of James Ratcliffe: and 1 printed book, value 2s., the goods of William Taylor
BENJAMIN PECK . I am a private in the 2nd regiment of Life Guards. on the 12th of October I lost my things from my box in the barracks, at the Regent's Park—it was not locked—I think I know the prisoner—
he is a smith—I saw him that night in the guard-room—(I had not seen him before)—he was taken, with the things upon him, by the corporal.
EDWARD PIERCY . I am a corporal in the 2nd regiment At half-past seven o'clock that night the prisoner was stopped by the sentinel with a bundle—I took him into the guard-room—he said he had got the things from the canteen, and they were some dirty linen—I inspected the bundle, and I found these things—I saw taken from his pocket a pair of regimental boots, also a regimental shirt from his back, and a regimental Bible from his hat.
GUILTY . Aged 19.— Transported for Seven Years.
ROBERT WHITE . I am a cheesemonger, and live in Jermyn-street, St. James's. About one o'clock on the 11th of October I was in Broad-street, Blooms bury—at the top of Plum tree-street somebody exclaimed something about a boy—that induced me to feel my pocket, and my handkerchief was gone—the prisoner was pointed out—he was running down Plumtree-street—he threw this handkerchief down, and was taken—it is mine.
Prisoner. A man gave me 3d., and showed me how to take it out of the pocket.
GUILTY . *Aged 9.— Transported for Ten Years.
WILLIAM HARDY . I live in Oxford-street, with William Broome, a linen-draper. On the 10th of October, about four o'clock, the prisoner came and asked for a yard of flannel—I observed her pay for it, and walk away—about an hour afterwards I went to the station-house, and these handkerchiefs were there—they are the property of Mr. Broome.
Cross-examined by MR. PHILLIPS. Q. How many shopmen are there? A. There were two at the time—the name of the other is Thomas Machin—there were two other customers, purchasing sheeting—I was serving them—they were purchasing the same articles—I saw the prisoner leave the shop—I saw nothing about her—I saw these handkerchiefs a short time before—we had been selling some an hour before—not myself—the prisoner was about five minutes in the shop altogether.
MARY ANN TILLEY . I am the wife of Thomas Tilley, of George-street, Hanover-square. Between three and four o'clock I was at the shop of Mr. Whitehouse, and saw the prisoner take a silk handkerchief from there—I gave her in charge, and these handkerchiefs were found on her.
JOHN FARROW (police-constable D 157.) The prisoner was given in my charge, and searched—these handkerchiefs were found on the Pavement close behind her feet, in the street—there was no one with her but a child
in her arms—I asked her how she came by these handkerchiefs—she said they were given her by some woman, she did not know her name, nor where she lived—she said she did not drop them, nor know that they were dropped, that the child had them in her pinafore, and she supposed my laying bold of her arm made it drop them.
Cross-examined. Q. Did you say one word before the Magistrate about finding them in the street behind the prisoner? A. did not find them—I did not see them taken up—the man said, "That is the woman that dropped these handkerchiefs"—I picked them up behind her feet—that man is not here—I said before the Justice that I asked her how she came to drop them—what I said was taken down—I do not recollect whether that was, but I stated it before the Magistrate.
NOT GUILTY .
JOSEPH HARPER . I live in Northampton-terrace, City-road. On the 6th of October I was going down Pentonville-hill—I felt a tug and missed my handkerchief—I turned, and saw the prisoner running with it—I followed—he was stopped by a policeman and dropped it.
JOHN FARROW (police-constable N 167.) At half-past ten o'clock that evening I saw the prisoner run down Collin-street—I turned the corner, and my brother officer had stopped him—I found this handkerchief dote against the wall, near where he was stopped—no one could have dropped it but him.
Prisoner. I hope you will forgive me this time—this is my first offence
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined Six Months; Six Weeks Solitary.
JANE WATTEL . I am the wife of Thomas Wattel, of Grove Cottage, Abel's-lane, Finchley—I am a laundress. On Thursday, the 12th of October, at half-past two o'clock, I hung a pair of trowsers with other things in the garden—I saw them safe about ten minutes or a quarter before three o'clock—I saw no more of them till Friday.
HENRY BREWSTER (police-constable S 107.) On Thursday evening, at half-past five o'clock, I stopped the prisoner with these trowsers in a small parcel under his arm—he said he bought them for 14s.—I found them quite wet—I asked him who washed them—he said himself, at the foot of Barnet-hill—I also found a shift and. pair of stockings in his hat, quite wet—I asked him where he got them—he could not tell.
GUILTY . Aged 23.— Confined Six Months; Six Weeks Solitary.
2266. WILLIAM TEBBS was indicted for stealing, on the 23rd of September, 4 pewter pots, value 3s. 6d., the goods of William Taylor: 2 pewter pots, value 1s. 6d., the goods of Joseph Franklin: and 1 pewter pot, value 1s. 4d., the goods of Edmund Andrews: and EMMA DUNBAR for feloniously receiving part of the same, well knowing them to have been stolen; against the Statute, &c.
JOSEPH CLEMENTS (police-constable F 102.) I was on duty on the 12th of September, in High-street, and saw Tebbs pass me with a bulk under his arm—I asked him what he had got—he made no answer—I found one pot under his arm—I took him to the station-house, and found two in his hat, and one in his left-hand pocket—he said he lived in Coffield's rents—I went there, and found the female prisoner in the cellar—I asked if there were any pots there—she said, "No"—I began to look, and she said it was no use to deny it, and gave these three from between the bed clothes.
MARY COFFEE . I am the wife of John Coffee, of Carrier-street, St. Giless. The male prisoner lived there—the female prisoner came therein great distress, and my husband lent her 4d.—my husband rents the house—I let the lodgings to Tebbs, not to Dunbar, but she was there.
Tebbs. The female prisoner is innocent—she might have seen them there—I have been in great distress.
TEBBS— GUILTY . Aged 21— Confined One Month.
DUNBAR— NOT GUILTY .
2267. EDWIN GROBERTY was indicted for stealing, on the 26th of July, 20 sovereigns, 1 half-sovereign, 2 half-crowns, 5 shillings, and 2 £50 and 1 £5 Bank note, the monies and property of Frederick Stocker, his master; and that he had been before convicted of felony.
FREDERICK STOCKER . I live in Queen-street, Holborn, and am a coachmaker. The prisoner was my clerk—I gave him fifty guineas a year, and was teaching him the business—on the 26th of July I gave him 126l. 6s.; there were two £50 Bank notes, one £5 and the rest in sovereigns and silver—he was to go to Ransoms to take up a bill that was due—he did not take up the bill, but absconded—I did not see him again till he was in custody.
WILLIAM MULLINS . I am a police inspector. I was on duty in Bow street—the prisoner came on the 30th of September, and said be wished to speak to me in private—he said his name was Groberty, and he wished to give himself up for the robbery he had committed on his master, Mr. Stocker—I found nothing on him but a passport and three duplicates.
Prisoner. I confess my guilt, and throw myself on the mercy of the Court.
GUILTY . Aged 22.— Transported for Fourteen Years.
2268. ANNE FRANCES BROWN was indicted for stealing, on the 12th of October, 5 sheets, value 1l. 5s.; 3 shifts, value 4s. 6d.; 2 gowns, due 3s. 6d.; and 1 pair of drawers, value 1s.; the goods of William Robert Porter.
MAETHA PORTER . I am the wife of William Porter, of Westmore-road, Paddington, and am a laundress. At about ten o'clock on the night of the 12th of October, there Were some tubs of wet linen in my wash-house—I went to look after them at seven o'clock in the morning, and they were gone—the wash-house was fastened—there were marks of persons getting in at the window, which had been broken, and pieces of paper were pat over the panes.
RICHARD ROADRIGHT (police-constable T 120.) I was on duty about two o'clock on the morning of the 12th in Praed-street, and saw the prisoner coming along one side of the street—she appeared loaded—I crossed the road, and asked what she had got—she held up a pair of trowsers—I said, "What else?"—she said, "Nothing"—I took up her cloak, and found these things, all wet, under it—I found her a quarter of a mile from the prosecutor's place—one of the shirts had blood on it, and her thumb was cut, and had been bleeding.
Prisoner. The trowsers belong to my young master, Mr. Jacob, in the Blackfriars-road—I had them to alter, and they owe me 2l. 12s. 6d.
GUILTY . Aged 42.— Transported for Seven Years.
HANNAH PORTER . I am servant to Mr. Baynton, of Grove-terrace, St. John's-wood. The prisoner came after lodgings on the 13th of September—I showed him the drawing-rooms—he asked for the second floor bed-room, and I showed it him—there was a watch there—it laid on the chest of drawers—I then called Mrs. Baynton, to tell the price of the lodgings, and I left him there—in about ten minutes after he was gone I saw the watch was gone—I am sure it was there when he came, and no one but him could have taken it—it has not been found.
SARAH BAYNTON . I am the wife of Mr. Baynton. I remember the prisoner coming about the lodgings—he was shown into the drawingroom by the servant—I was going up stairs—he said, "Is that the lowest for the rent?"—I said, "Yes"—he said, "I will call again;" ad I thought he said he should like to see the drawing-room again—I said I would let him see it, and he went up again—I did not see the watch then—he must have had it in his possession then—if was my son's, Humphrey Edward William Bayntons—he had left it there that morning—I left him alone in the room where the watch was, and I had seen him looking towards the drawers where it was.
Prisoner. I have no knowledge of the watch.
GUILTY . Aged 30.— Confined Two Years; Two Months Solitary.
2271. THOMAS PADDOCKS was indicted for stealing, on the 5th of September, 1 sack, value 1s.; 3 half-crowns, 10 shillings, 1 sixpence, and 5 pence; the goods and monies of John Snell, his master; and that he had been before convicted of felony.
ANN SNELL . I am the wife of John Snell, of Harp-alley, and deal in coals. The prisoner was our errand boy—on the 5th of September I sent him with half a cwt. of coals to a person in the Fleet Prison—he returned, and said he wanted the same quantity again, and change for a sovereign I gave him three half-crowns, and the rest in silver and copper—I did not see him again.
GUILTY . Aged 16— Transported for Seven Years.
(There was another indictment against the prisoner.)
2272. JOHN NEWLAND was indicted for stealing, on the 2nd of October, 1 shirt, value 5s., the goods of Robert Langley Appleyard: and 1 umbrella; value 8s.; and 1 pair of boots, value 6s., the goods of Elizabeth Wreford: and 1 shawl, value 4s., the goods of Sophia Bromley.
ELIZABETH WREFORD . I am cook to Mr. Robert Langley Appleyard, a solicitor, of Montague street, Russell square. This shirt is my master's I put it into the house-keeper's room at twelve o'clock—on the 2nd of October it was gone at two o'clock—this umbrella I saw in the morning, and these boots are mine—this shawl the kitchen maid's, Sophia Bromley—these boots are mine—they were all taken between twelve and two o'clock.
Cross-examined by MR. DOANE. Q. Are you sure you saw them as late as twelve o'clock? A. Yes—I brought them to the house-keeper's room—I was in the room again at two o'clock, and they were gone.
WILLIAM HORSFORD . I am a constable of the Mendicity Society. On Monday, the 2nd of October, at twenty minutes before two o'clock, I saw the prisoner in Drury-lane—he was near me and walked away—I followed and took him, and found in his hat this handkerchief and the things tied in it, and this umbrella in his hand—I asked him where he got it—he said he should tell my master—he then said he bought them of a Jaw in the street.
GUILTY . * Aged 20.— Transported for Seven Years.
2273. ELEANOR SULLIVAN was indicted for stealing, on the 13th of October, 1 watch, value 3l.; 1 watch-ribbon, value 1d.; 1 seal, value 1d.; and 1 watch-key, value 1d.; the goods of James Martin, from his person.
JAMBS MARTIN . I am a sailor belonging to the brig Rebecca, and live in Wellington-street, Newcastle. On the night of the 13th of October I met the prisoner by Ratcliffe Highway—we walked down the street, and stood and talked a little while together, and then parted—in about five minutes I went to see the time, and missed my watch—I told the police—I did not give it her—I had not the least communication with her.
Prisoner. You said, had I any clothes in pawn? Witness. No—I did not go into a public-house and treat you.
twelve o'clock, on the night of the 13th of October, I received information, and went to No. 4, Twine-court, to a woman of the name of Carr—I found the prisoner there—I told her I wanted her—Mary Ann Holland was there—said, "You know what I want, let me have it"—Holland said, "It is no use, "and gave me the watch out of the box—the prisoner heard that.
Prisoner. I made no answer—I looked at her, and she said, "It is no me he most have it."
MARY ANN HOLLAND . I live at this house. Between eleven and twelve o'clock that night the prisoner rushed in—I said, "Why don't you come in as you ought to do?"—she told me to hold my tongue, she had got something, and said, "Will you have any thing to drink?"—I said, "No"—the landlady awoke up—she asked her to have something to drink, and she refused—the prisoner whispered to me, "I have got a watch in my bosom, "and the landlady said to me, "Take it, I will send for an of feer"—I had hardly taken it when the officer came in, and said he wanted her—he said, "It is no use, I want it"—I went to the box, and gave it to him.
Prisoner. The landlady gave you 6d., and you went for rum and shrub, and brought the officer in—you know you are the biggest thief of all-you said you wanted a gown, and you would come up against me—you came out of prison that same day. Witness. No, I did not—I did not go oat at all.
Prisoner's Defence. I met the prosecutor—he asked where I was going—he said he did not like to go home, as he was married, and he would give me his watch if I would go up that dark turning with him—I said I would not, he might come home with me—he went to the door, and then suddenly disappeared—I thought he was gone for a few minutes, so I gave it to the landlady to take care of—I had not been in ten minutes before the police man came in, and said, "You know what I have come for"—the servant said, "It is of no use to you, you must give it up"—if I had intended to steal it I could have made off with it.
GUILTY .* Aged 25.— Transported for Ten Years.
Prisoner. She is a single person—she has taken her oath to a false Name. Witness. It is my name—I am married to John Seymour.
GUILTY . Aged 61.— Confined Three Months.
Cottage, Hampstead-road. I missed a handkerchief at half-past eleven o'clock on the 3rd of October, from a bush in the garden—this is it"
Cross-examined by MR. PHILLIPS. Q. This place is very much frequented? A. I do not know—I do not know the prisoner—my maidens initials are on this handkerchief.
SARAH ATKINSON . I live in the same house with Ana Kirtley—my husband's name is William—I had a handkerchief on the same bush—I missed it on the 3rd of October, at two o'clock—I had put it out at ten.
JOSEFH RENDELL (police-constable S 98.) I was in England's-lane Hampstead-road, on the 3rd., and met three boys—the prisoner was one ten—or fifteen yards before I met the prisoner he stopped to tie his shoe I saw he had something in his breast—I asked where he was going—he said bilberrying—I asked what he had in his breast—he said, "Nothing"—I opened his coat, and found these handkerchiefs—this was between twelve and one o'clock.
(John Stevenson, bailiff and keeper of the manor of St. John, Hampstead, living at No. 2, North-end, Hampstead, gave the prisoner a good character.)
GUILTY . * Aged 12.— Transported for Seven Years.
NOT GUILTY .
THOMAS VINCENT . I live in Brett-place, Somer's-town, and sell shoes. On the 13th of October the prisoner and another woman came and wanted a pair of boy's boots—I missed one, that induced me to watch, and I saw the prisoner take another one—she went out—I did not see where she put them at the moment—I went after her, and charged her with stealing a pair of boots—she said she had not got them—all the time I was taking them from her arms, she said she had got none—she was very tipsy.
Cross-examined by MR. PRICE. Q. I believe you have inquired about her character? A. Not at all—they told me they had brought me work, but I do not notice persons—I might have seen her before—the prisons was very tipsy—I was not in liquor—the other woman got away as fast as she could.
Cross-examined. Q. The prosecutor gave the prisoner into your Custody? A. Yes—Mr. Matthews held the woman till I got there, and said, "Take this woman," and she said she was a d—d fool, she had no business to keep company with the other woman—she was quite incapable of knowing what she was about.
GUILTY . Aged 34.— Confined Nine Months.
2278. ANN FRANCES BENNETT was indicted for that she, on the 22nd of September, feloniously and maliciously, by fraud and force, did take away a certain female child, of the age of 4 months, named Catherine Gilson, with intent to deprive William Gilson and Mary Ann, his wife, the parents of the said child, of the possession of the said child.—2nd COUNT, Stating her intent to be to steal 1 shift, value 1s.; 2 petticoats, value 1s. 6d.; 1 frock, value 1s. 6d.; 1 pair of shoes, value 1s.; 1 cap, value 1s. 6d.; and 1 bonnet, value 2s.; the goods of William Gilson, upon and about the person of the said child.
MARY ANN GILSON . I am the wife of William Gilson. I have a little child, four months old, named Catherine—I sent my eldest daughter out of doors with her on the 22nd of September—she returned about five o'clock that evening, and the baby was gone—I lost her for thirteen days—she was brought to a public-house, in Westminster, by Mrs. Twining—she had caught a violent cold during the time—she had a petticoat, and shirt, and bonnet on when she went out, and a pair of shoes, a flannel petticoat, and white petticoat—when I found her she was dirty, her haircut in front, and she was very ill—at first sight I did not know her, she was so disfigured.
EMILY GILSON . I know what will become of me if I do not tell the truth. I went out with my little sister on that Friday, to walk up and down with her—the prisoner came up—I am sure she is the woman—I had seen her before—she said she was going to buy two rings, and she wanted her sister to come with her to go and buy two rings; and there was an Irish woman—she spoke to her, and she told her her sister could not come then—she said she must go and buy them herself, and then she went to some shop in Bow-street—(I met her in Princes-street, Drury-lane)—she said she was going to buy two rings—she went into the first shop in Bow-street—there was not any there, and then she went to another shop, and there was not any; there was a lot of dolls in the corner—she asked me if I should like one of them—I said, Yes," she had a sixpence in her hand, and said, "Will you go and buy one?"—I said, "No"—she put the sixpence into my hands, and pushed me in, and took the baby out of my arms—I went in—I was not in a minute, and when I came out she was gone—I did not know which way to go—she told me to get change first, and then ask for the doll—she asked how old the baby was—I did not afterwards pick her out of a lot of women—she was in Scotland-yard then—I knew her again—she had the same dress on—I am sure she is the woman.
Prisoner, I never saw her till I was at Bow-street. Witness. I am sure she is the woman that had the child—she had freckles in her face, and she has got them now, and she had got her cloak on, the same cloak as I had seen her in sometimes before.
CHARLES WINKS . I was in Russell-street, at the corner of Bow-street, on the 22nd—I saw Emily Gibson walking with an infant in her arms, and the prisoner—I am sure she is the person—I saw the girl go to the toy-shop, and the prisoner took the child out of her arms—I am sure she is the woman.
CHARLES BELL . On Friday, the 22nd, I was in Drury-lane—I saw the little girl crying, and several persons round her—she said some woman had taken a baby, and had gone toward Russell-street—I made the best of my way, and when I got throw trough Russell-court I saw a woman coming with a child, Which I believe was the prisoner—the child had got a pink frock on, and a very dark brown silk bonnet—this is the dress the child had on.
ANN STEVENS . I live at Black Horse-yard, Westminster. I know the Prisoner—she formerly lodged at No 15, Lewisham-street—on Friday, the 22nd September, I saw her bring in a child, dressed in a bed-gown and
a new cap, no shoes, a flannel petticoat, and no top petticoat—she told me she brought the child from her aunt's, and she wished me to suckle and keep it at nights, and she would keep it in the day, as she had no milk of her own, and could not suckle it, and said she had lain in in St. Margaret's workhouse—I knew that she came in late one night and went out, and I did not sec her again for nine or ten days—the then said she had been confined about a month, and then she took the child to her aunt's, as she said, and then she brought the child to me, and I had it till the Wednesday fortnight after, and then the mother had it—Lucy Twining used to come and take the child for me, and she took it out that day, and did not return till she brought a policeman.
LUCY TWINING . I have known the prisoner for six or eight months, and have been in the habit of taking out the child for Ann Stevens for a few days—Mrs. Stevens came and told me the woman that brought the child had got into trouble for sitting on the step of a door, and asked me if I would go to take her some tea. but I did not—I had talked to the prisoner about the child—she said she was in the family way, and asked me to assist her in making some linen, and afterwards she called the child hers—she had not been living with any one that I know of.
Prisoner, You came into my place on the night I was taken, and told me to put on my old gown—I went out and waited for a female, the policeman asked me what I wanted, and then he took me—I never told her any thing about the child. Witness. Yes, she did—my husband bed what words she said.
HENRY TWINING . I am the husband of Lucy Twining. The prisoner said this was her baby—I know that there was one young man that she was intimate with, who she said was the father, and when she brought the child, she said it was ten weeks old—I said, "It must be more."
CHARLES OTWAY (police-sergeant A 7.) I went to a room where I understood the prisoner lodged, at No. 15, Lewisham-street—I found in a cupboard, behind some saucepans, this frock and petticoat, and this gown, which the little girl says the prisoner had on when she took the child—the next morning, on further search, I found the little shirt—I asked the prisoner whether this was her gown—she said, "Yes"—I asked the prisoner if she had been the mother of a child, and she said, "No"—made inquiry at the workhouse, and she had not been there.
Prisoner's Defence. Stevens put these things into my room—they are not mine—I never took the child.
GUILTY . Aged 19.— Transported for Seven Years.
ELIZA CROWDER , I am the wife of Nicholas Crowder of Great Saffron-hill. On the 5th of October the prisoner came in with some boots in her hand—I thought she was one of the shoemaker's wives come to sell them—she put her hand on some coats, and I said, "What do you want with them?"—she said, "You lie"—I said, "What have you got in your lap? you have got some boots, I saw them"—she said, "It is meat, not boots"—I looked at the door-post and missed four pairs of boots—she struck at me, and knocked me down twice in my shop—she had this piece of bacon and some mutton in her apron—I kept her till the policeman came—she
struck at roe again, and very nearly knocked me down in the street, and bit my arm.
Prisoner. I bought a bit of bacon—these boots hung on a nail at the door, and she was near to me—I had the load on my arm—these boots came off the nail and she said I wanted to steal them—my friends had given me a drop of drink. Witness. A witness saw me take them from her lap, but that witness is not here—if it had not been for the gentleman who came in she would have murdered me—if she had given me the boots I would have let her go.
RICHARD SINCLAIR (police-constable G 65.) I took the prisoner—she was fighting and struggling to get away—the boots were lying just within the door of the shop, very greasy, as though they had been with some meat—she was in liquor.
Prisoner. My daughter came and said, "Go buy a pair of shoes for my little Sarah," and I went to the shop—these boots hung on a nail outside, and I took the pair that I thought would suit—they all came down in my hand—I fell down, and she was on me, and I got up—she followed me out—I got up to the corner of the next street, and looked at my lap, and said, "Give me my meat, at any rate," and she went in for it.
NOT GUILTY .
JOHN MILESON . I am a mathematical-instrument maker, and live in Bath-Street, Shadwell. I was in the Commercial-road on the evening of the 8th of October—the prisoner tapped me on the shoulder, and spoke to me-I drove her off—she asked for some halfpence—I put my hand into me pocket, and found three half-crowns and one shilling—I put them back, and took out some halfpence from the other pocket to give her—I then found the three half-crowns and shilling were gone—I went after her, and asked for it—she said she had not got it—I called the officer, and we found the money in her hand.
Prisoner, He wanted to go down a dark turning, and I asked him what he would give me—he gave me the three half-crowns for three pence.
GUILTY .* Aged 47.— Confined Three Months.
WILLIAM BRIGDEN . I am son-in-law to William Stodgell, who keeps the old Red Cross public-house. The prisoner came about nine o'clock on the 17th of October, and asked for half a pint of beer—he went out, and left a Pint pot at the bar—I went into the tap-room—the half-pint pot was gone—I went after him, and found it in his pocket—he was taken to the station-house, and another pot was found in his hat.
Prisoner. I had been out all night, and coming home, there were some women, one of them shoved the pint pot, and it cut my foot—I took
it up, and said, "What do you mean?"—"I beg your pardon," said they—I took it up and put it into my hat—I thought it belonged to a house further down, and when I was going past this man's door I went in to get a drop of beer, as a man had given me 6d. just before—I sat in the taproom, and drank it—he followed me in—he took up something, and went out—I then was going out, and saw two young women—one wanted some water, and I took the pot to get the water at the pump.
GUILTY . Aged 66.— Transported for Seven Years.
MARY DEELY . I keep a chandler's shop at Old Brentford. About two o'clock on the 11th of October I was sitting in my parlour, and the prisoner came into the shop, put his arm over the counter, and drew out the till—my daughter looked after him—he was taken—there were two sixpences in the till—he did not take the till.
JAMES YATES . I am ostler to Mr. M'Neal. The prisoner came to our yard that day, and went into the stable—I went and found him in the hayloft, between two trusses of hay, and a truss of straw covered over him—he shifted from there down into the stable, and was under the manger—there was no money found on him.
Prisoner. Q. Did I ask you whether there was a water closet? A. No, you did not.
Prisoner. I went into this shop for an ounce of tobacco—I knocked, bill no one came—I leaned over the counter to look for the people—the woman came up, and said, "What do you want with my drawer?"—I said I was not at the drawer, and she asked a young woman in the shop if she had taken two sixpences out—she said no—she said, "This man most have it"—I said, "I have not"—she said she would send for a policeman-I said, "Don't give me in charge; I will leave you my hat, while 1 go and get the value of two sixpences."
Sixth Jury, before Mr. Sergeant Arabin.
THOMAS GEORGE COX . I live at Brentford, and am a shoemaker. On the 5th of October I went to Ealing—when I came back, I found the policeman with the prisoner in custody—these boots are mine—I had not sold them—I cannot say whether they were inside or out—I had them on the 3rd, offering for sale.
HUGH SANDILANDS . I had the prisoner in custody on another charge. and found these boots in her lap, on the 5th of October, between one and two o'clock, nearly a quarter of a mile from the prosecutor's.
GUILTY . Aged 28.
SARAH JONES . I am the wife of John Jones. We live in Old Brentfond, about 100 yards from Mr. Cox—this property was in my house, on a chair—I lost it while I was from home—here is an apron, a petticoat, and part of a shirt—I do not know the prisoner.
ELIZABETH GODDARD . I live three quarters of a mile from the prosecutor, at Brentford. The prisoner came and asked me to buy the shirt and apron, which I did for 4d., on the 5th of October, about one o'clock.
(Property produced, and sworn to.)
Prisoners Defence. I had been down in Kent hopping, and have three children who depend on me—there has been but little work this year I was returning through Brentford in a state of starvation, I entered the prosecutor's shop and purloined a few articles, which I sold to procure some breakfast.
GUILTY . Aged 28.— Transported for Seven Years.
JOHN FINLEARN . I saw the prisoner near Mr. Dunn's shop in Ratcliife-highway, about seven o'clock on the 4th of October—he took the hoots off tie nail at the door, and placed them under his jacket—when be got two or three doors off he took his handkerchief off his neck and wrapped them up in it—I went and gave information—he was taken the next night—I know he is the same person—I had seen him the night before.
WILLIAM WHITING . I was going down Ratclifife-highway, and saw the prisoner standing at Mr. Dunn's door—I walked to the corner of Love-lane, and saw him take the boots from the left side of the door, and put them under his jacket—he took off his handkerchief from his neck and wrapped them in that, and went on—I had seen him the night before.
TIMOTHY CASEY . I am a policeman. On the night of the 5th of October I was on duty in High-street, Shad well—I saw the prisoner go to several shops—I followed him to the prosecutor's door—I went up and asked where he lived—he said, "In Whitechapel," and he was a sweep—Whiting and Finlearn happened to be near, and they identified him—took him.
GUILTY .* Aged 18.— Transported for Seven Years.
2286. ANN HEATH was indicted for stealing, on the 23rd of September, 2 sheets, value 2s. 6d.; 1 quilt, value 4s.; and 1 blanket, value 1s.; goods of William Bridgman; and that she had been before convicted of felony
ready furnished lodgings in Baldwin's-gardens. The prisoner came to lodge with me on the 24th of September, and took the front room on the third floor at 3s. 3d. a week—she continued there one week and three days and paid one week's rent on the 30th—on the 4th I went into the room she occupied and missed the property—she said she had taken them—I found part of them at the pawnbroker's—I have lost a pillow, a bolster and one blanket entirely.
Prisoner. She has now got a black shawl of mine, and I was to pay 1d. a week for it. Witness. No, I have not—I bought of her these things,
Prisoner's Defence. I did not pledge them with the intent of stealing them, but to replace them—the person with whom they were placed is in the habit of lending money on articles and charging interest for it—I should have fetched them out on the Saturday, but was taken.
GUILTY . Aged 27— Transported for Fourteen Years.
2287. MARY SULLIVAN was indicted for stealing, on the 21st of October, from the person of Henry Moriarty, 1 purse, value 1d.; 6 sovereigns, 2 half-sovereigns, and 1 £100 Bank-note; his goods, and monies.
HENRY MORIARTY . I am porter to Mr. Thompson, of Oxford-street. On Saturday last I was going home in the evening, about ten o'clock, and met an acquaintance in Oxford-street, named John Wright—we went to have some ale—the prisoner and another female came into the public house—I do not know what house it was—I was not sober—we talked with the females a little there, and then left—the females came after us and wanted something to drink, and we went into a house in Quebec-street, where we had half a pint of rum with them—I sat down some time, and after we parted the prisoner took me into the fields across the Edgeware-road, and I sat down with her on the grass—it was then Sunday morning—I gave her no money—I made no bargain with her—I found myself fast asleep the next morning on the grass—I awoke some time in the morning—when I sat down I had a £100 note and 7l. in gold, and a purse wrapped in two pieces of paper—it was safe when I met the prisoner in Oxford-street—I missed it when I awoke—I went home and went to bed—I got up an hour or two after and went out—I am not a single man—I did not tell my wife, what had happened—I went to the police and told them what had occurred, and the policeman found the prisoner—I had recovered my senses then—that was about ten o'clock—I found the prisoner in bed in Edward's-place, up stairs—the policeman and Wright went in before me—I charged her with robbing me of a purse containing a £100 note and 7l. in gold—she denied all of it—the policeman told her to get out of bed—she made some fumbling about, but he insisted she should, and he found some papers which dropped from her, and after some searching he found the purse with the £ 100
note in it on the floor under the bedstead—the paper he first picked up was the one the purse was in—I found none of the gold.
Cross-examined by MR. PAYNE. Q. In what sort of a state were you when you got to the field? A. I was not sober—something passed between me and the prisoner—I believe the prisoner was quite sober—she had drank some spirits with me—we only drank at one public-house—when I awoke in the morning I recollected all that had happened—there was nobody with me but the prisoner, to the best of my knowledge—she was sober—I was not very drunk—I cannot tell how long we were together—I got to the field about one or two o'clock—I cannot tell when I left—this purse was wrapped in a piece of paper—the policeman and Wright went into the prisoner's room first—the prisoner, had her clothes on in had—I knew my note—I had had it about a month, and I thought I would put it into the bank—I told my wife that I had lost it—I did not tell her what was not true.
WILLIAM WIGGINS . I am a Police Inspector. The prosecutor applied to me, and described the person—I went to the prisoner's residence, and found her in bed—t awoke her, and she sat up in bed—I asked what she did with the prosecutor's money—she said, so help her God, she had seen no money, nor had it—she began to dress—I said, "You may as well give the man his note"—she said she had not had it—she was then getting up—I saw something in her hand—I told her to give it me—I took this piece of paper from her hand—the prosecutor said, "This paper was round my purse"—she got out of bed, and then this other piece of paper fell from her bosom, and the prosecutor said, "That is the other piece of paper"—I, oiled Cresswell in with me—he searched the bed, and picked up the purse from the floor under the bed, and the £100 note in it—no gold was found—the prisoner said she had the note, but had not seen any sovereigns
GUILTY . *—Aged 34.— Transported for Fifteen Years.
2288. CHARLES ACTON , was indicted for stealing, on the 28th, of September, 1 half-crown, the money of Henry Cope, from the person of MR. EDWARD COPE . and that he had been before convicted of felony.
HENRY COPE . I live at Ealing, and am a shoemaker. On the 28th of September, at half-past two o'clock, I sent my son on an errand to Mr. Burrey's, in Old Brentford, for some nails which I wanted—I gave him a half-crown tied up in one corner of a handkerchief—he returned at half Past five o'clock, and the half-crown was gone—I had seen the prisoner before—my son is seven years old.
EDWARD COPE . I am the son of Henry Cope. He sent me to Old Brentford, to buy a few articles—he gave me some money, wrapped up in handkerchief—I met the prisoner, I did know him before—he said, "Let me look at the bill"—he then told me to carry some potatoes—he got a round piece of leather, as big as the half-crown, and put that in, and then he said the bill was not right—he kept on along with me—he took the half-crown—I told my father of it.
the prisoner went across the field, and took the child across the field—I was coming from taking my father's dinner.
JAMES CUISHEN . I am a policeman. On the 28th of September I received information that this boy was robbed of a half-crown—I got the description of the prisoner, whom I knew very well—on the 29th I went to his mother's house and met her at the door—I asked if he was at home—she said he was not—I went in, and found him up stairs on the bed—I told him the charge—he denied knowing any thing about it—I took him and found a knife, and duplicate, and a piece of leather, about the size of half a crown.
GUILTY . Aged 19.— Transported for Ten Years.
THOMAS ROBERT HUGHES . I am in the service of Charles Wilford, a boot and shoemaker, in High-street, Whitechapel. On the 4th of October, at a quarter past seven o'clock, the prisoner came and took two boots from a stand at the door, land ran off with them—I ran and took him three or four doors from the shop—he was walking fast, and said he took them on purpose to be transported, for he was tired of his life.
Prisoner, It was distress and want—I had been walking the street ten days and ten nights—I went to a policeman, and asked him if he would suffer me to go into the station-house—he could not, because he did not see me do any thing wrong.
GUILTY. Aged 48.—Recommended to mercy. — Confined One Month.
HUGH BRIDGER . I keep a linen-draper's shop in the Whitechapel-road. About half past three o'clock, on the afternoon of the 3rd of October, I was told a piece of merino was taken, about three feet from the front, in the lobby—I went towards Whitechapel and saw the prisoner and another running—I pursued, and in Mary-street there is a gateway—I was within a step or two of them, and they pushed the merino behind the gate, or door—I took them both—they were standing together and running together—I took the merino from the ground and held the prisoner—I gave the other woman to my lad, and she was rescued from him by two men—this is the merino.
HENRY BOTTRELL . I was talking to a woman at an apple-stall before the prosecutor's door—I saw four women together, and the biggest of them went in and looked at some flannel—the other three followed her—this prisoner took the merino and put it under her shawl, and walked away with the other females—I am sure she is the person.
Prisoner. I was passing the work-house, and saw a great many people—I wanted to see what was the matter, the prosecutor's shopman caught hold of a young woman, and the prosecutor took me, and said, "You will do as well."
GUILTY . Aged 18.— Confined Six Months.
ALLEN HOBATIO GARMAN . I am a policeman. On the 11th of October, at a quarter past eight o'clock in the morning, I saw the prisoner and another man coming out of Russell-mews, Howland-street, with each two fowls—they went to the corner of North-street, and looked round—they turned again, and I ran off after them—they were running down North-street—they turned the corner to John, street, and the prisoner threw down two hens—I cried "Stop thief"—a gentleman pursued and took him in Alfred-place—I brought him back to the fowls and took them up, and found the prosecutor—about ten o'clock I came the same way and found another fowl.
Prisoner. I was walking along, at a quarter before eight o'clock, and at a boy with four fowls—he asked me to carry two, which I did—and when we got to the corner of North-street he ran—I did not run at all.
GUILTY. * Aged 14.—Recommended to mercy by the Jury — Confined One Month; Seven Days Solitary.
SARAH STRATFORD . I am the wife of Thomas Stratford. The prisoner is my daughter—she does not live with me—she came home one night, and was there about a quarter of an hour—she came to ask me to lend her a shilling, and I had not got it—my husband's boots were on the corner of the table—she went away, and I missed the boots—these are mine.
Prisoner. I did not go into the shop.
GUILTY . Aged 32.— Confined One Month.
JOHN THOMPSON . I am a mariner, and belong to the Charybdis man-of-war Brig. I was in the Coach and Horses on the 26th of September, and went home with a girl to Twine-court—that was neither of the prisoners—my trowsers were taken from me while I was asleep—they were hanging over a chair—I did not see either of the prisoners with the person I went with—there were two more in the room besides the woman I went with—I cannot tell whether these prisoners were the women, as there was no light in the room—there were four girls in the room—we went to bed about ten o'clock, and 1 awoke about six o'clock in the morning—my trowsers were gone—I afterwards saw them.
THOMAS JONES . I live with a pawnbroker in Ratcliffe Highway, produce these trowsers, which were pawned by the two prisoners, in the name of Ann Smith—they came together—I did not know them we to my recollection.
HENRY PARKER . I am a police sergeant. In consequence of inform ation I went to the house of Brown, in Twine-court, and asked her whether she knew of a man being robbed of thirty-two sovereigns and a watch—she
said "No. "—I asked her if she knew of a man being robbed of a pair of trowsers—she said she knew nothing of the transaction—she said "I was there in the morning, while the sailor was asleep, that is all I know about it"—I took her to the pawn-broker who identified her.
(Property produced, and sworn to.)
Brown's Defence. At half past twelve o'clock I went to Mrs. Peterson's room and she was out—the prosecutor asked if I knew where she was—I told him I did not—he said he believed she was gone for some beer, but had been gone a long while—he said, Never mind, you will do as well," I went with him—he had no money—he said, "Never mind, I shall have plenty to-morrow, and will pay you"—I said, "That will not do for me, I shall want my breakfast"—he said, "Take my trowsers, and do as you please with them"—he asked me if I had money to give him—I said I had not, but I would try and get 2s., for the trowsers—I got a half pint of rum, which was 1s., when I got the 2s.—the other shilling I kept, and went to Mrs. Peterson's at half-past nine o'clock in the morning—the prosecutor was in bed—he asked us to go to the Ship and Eight Bells, and get him a pair of shoes—a pair of trowsers—we went, and found the Jew who came with us—I went and purchased the trowsers for 8s.—the woman that lent me the 2s. on them the night before was then paid—Oakes is quite innocent, only she went with me to pawn them.
Oakes' Defence. I never saw the prosecutor till he was at the Thames Police—Mrs. Carr asked me and Brown to go and get the money on the trowsers, Brown put them on the counter, and asked 10s. for them.
BROWN— GUILTY . Aged 27.— Transported for Seven Years.
OAKES— NOT GUILTY .
OLD COURT.—Friday, October 27th, 1837.
Third Jury, before Mr. Sergeant Arabin.
2294. OLIVE PAGE was indicted for stealing, on the 8th of October, at St. James, Westminster, 4 keys, value 4s.; 1 gown, value 10s.; 1 bonnet, value 5s.; 4 handkerchiefs, value 2s. 6d.; 1 towel, value 6d.; 1 cap, value 1s.; 1 sovereign, 1 half-crown, 8 shillings, 4l. sixpence 30 pence, 38 halfpence, 1 farthing, 5 £10 bank-notes, and 1 £5 bank note; the goods and monies, of George Topple, her master, in his dwelling-house.
GEORGE TOPPLE . I am a surveyor, and live in Broad-street, Goldensquare, in the parish of St. James, Westminster. My wearing apparel was taken from the bed-room, and the money from a desk in the school-room, which is detached from the dwelling-house, with a covered way merely as a shelter—it is a wooden erection, and not an enclosed passage—the prisoner has been my servant of all-work nearly four months—I am secretary to Crown-street chapel, Soho—part of the money belongs to the chapel, but I am answerable for it—on Sunday evening, the 8th of August, my wife, myself, and eldest daughter had gone to chapel, leaving the prisoner and five young children at home—I was absent from a quarter past six till eight in the evening—I knocked at the door several times,
and rung violently, but could not get in—I reached over the railing, lifted the lower sash, and put up the blind—I there saw my eldest child, whom I bad ordered to sit up, asleep on the sofa—I awoke him to let us in—the prisoner was not there—I searched the bed-room and misted a silk gown a bonnet, and shawl of my wife's, and other property—I went into the school-room, and missed five £10 bank-notes, and one £5 note, and a bag from my desk—I had left my keys in my study above the schools room—I found they had been taken from the study—I afterwards found them, but not that night—I lost altogether £57 14s.—I suspected the prisoner—I heard she had come from Oxford, and wrote a letter with a view of sending it to Oxford by the coach—I went to the Gloucester Coffee-house, Oxford-street, to take the letter—the coach was just about starting, and I saw the prisoner at the back part of the couch between two gentlemen—I got a policeman and gave her in charge—while I was gone after a policeman up the street, she had got off the coach as she saw me, and I charged the coachman not to let her go—I found her in the coach-office when I came back—I asked her what she had done with her mistress's bonnet—she said she knew nothing of it—I asked her how she came to be guilty of such an act—she said she did it purposely, for she should now go where she wanted to be sent—her boxes and all her clothes were gone from my house—she was on a Glouenter coach, booked for Oxford,
JOHN ROCHE . I am a policeman. I went to the coach-office, and found the prisoner detained there—Mr. Topple charged her with robbing him—she said she did it for the purpose of leaving the country—I asked her if the had a box—she said she had—I asked her where it was—she said, "On the top of the coach"—I got it down, and took her in a hackney-coach to the station-house—I asked her for the keys—she produced these keys, which Mr. Topple claimed, and her own key was attached to it—she wanted to separate her own key from them—I unlocked her box, and found these articles in it—she put down her hand, and showed me 21s., and said that was the property of her master—the bank-notes were found on her person by a female searcher—I was not present—she acknowledged they were Mr. Topple's notes.
MR. TOPPLE re-examined. These articles are my wife's, and the notes I have my own handwriting on them.
GUILTY of stealing only. Aged 20.— Transported for Fourteen Years.
JOHN CORNISH . I am a warehouseman to Mr. Richardson, who keeps a wholesale warehouse in Freeman's-court, Cornhill. On the 24th of August I saw the prisoner in a public-house in Brick-lane, Spitalfields, between three and four o'clock in the afternoon—I left the house, and in my road home went into another house, and she followed me in—I called for a pint of porter and a small quantity of spirits, and changed half a crown to pay for it—believe she drank part of it—I then fell asleep—I had my watch and seals all safe when I went into the public-house—I slept about a quarter of an hour or twenty minutes—the landlady awoke me, and I found my watch
was gone—I gave notice to the policeman, and the prisoner was apprehended—(looking at the watch)—this is my property.
Prisoner. I was so very tipsy I know nothing of it.
GEORGE TRUE . I am a policeman. I was going up Brick-lane on the 24th of August, and met the prosecutor—I went to the house where he had been drinking—the landlady described the prisoner to me, and I found her in a public-house about an hour after—she denied the charge—I found 14s. in silver on her, and afterwards found the watch in pawn.
ANN GARTON . I am landlady of the house. The prosecutor and prisoner came in on Thursday afternoon, and called for a pint of porter—I went into the tap-room, and the woman called for a quartern of gin—the prosecutor gave me half a crown to pay for it—I noticed his watch-chain hanging out at the time—the prisoner went out three times, and the time I looked after her, and then went into the tap-room—the prosecutor was asleep—I shook him, and said, "Do you know any thing of the woman who was with you?"—he was so stupid 1 could make nothing of him—I came out, and saw the prisoner going along, and sent my girl after her—I went in again, and awoke the prosecutor, and he missed his watch and money—he went out and got a policeman—the prisoner was afterwards brought to me—I said, "She is the woman who was with him when he lost his watch "—there was nobody in the tap-room but her.
GUILTY, Aged 44.—Recommended to mercy. — Transported for Seven Years.
Before Mr. Baron Bolland.
2296. WILLIAM SMITH and WILLIAM GARDINER were indicted for feloniously breaking and entering the warehouse of Henry Grainger and another, on the 24th of December, in the fifth year of William the Fourth, at Hillingdon, with intent to steal, and stealing therein, 4 tea-trays, value 1l. 6s.; and 15 waiters, value 1l. 4s.; their goods.
MR. BODKIN conducted the Prosecution.
EDWARD ROGERS . I am shopman to Mr. Henry Grainger and his partner. On the night of the 24th of December, 1834, the warehouse, which is part of the premises, was made safe in the usual way—it is in the parish of Hillingdon, near Uxbridge, in Middlesex—on the 25th of December I came down, about half-past seven o'clock in the morning, and found tie warehouse broken open—the pane of glass was broken in the window, which would admit the hand of a man to undo the fastening of the casement, an might arm be put in, and the goods which were within reach taken out I found the casement unfastened—there was not room for a person to get"—the goods had been stored away on shelves in the warehouse—I missed a considerable number of tea-trays and waiters—about thirty in all—can not tell how many of each—fifteen waiters and four trays have been found, and were shown me by Birch and Arnold.
Cross-examined by MR. PAYNE. Q. Did you fasten up the warehouse that night? A. No, I was told it was fastened—the person is not here who fastened it—I was not the person who locked the door, but I was in the warehouse, and I know the casement was fastened, and the door was locked in the morning—I was not the first person who came down in the morning
MR. BODKIN. Q. Were you the first that went to the warehouse, the door of which you found locked? A. No, I was not—the window was wide open—it was not necessary to open the door to discover the opening of on the window—the window opened externally—I had seen it quite late the evening before, after dark, and after business hours, and it was then fast, and the door was locked.
COURT. Q. Did you observe whether any of the glass was broken the night before? A. One or two panes towards the bottom were broken, but not so as to reach the fastening—the hasp of the window was secure late the previous night—I saw it fast.
SARAH NEAL . I live at Colnbrook. I remember at Christmas, 1834, buying these two waiters (looking at them)—I keep the Red Lion public-house—my husband is dead since—I bought the trays of the two prisoners—my husband paid them for them—I had seen them a time or two before, and I knew them before—I recognised them, when they came, as persons I had teen before—it was about three weeks after Christmas, but I cannot exactly say the time—it was between a fortnight and three weeks after—I knew them as coming backwards and forwards—I do not know how they got their living.
Cross-examined. Q. Are you quite sure they are the persons who came? A. Yes—I had seen them several times before—they came to my house selling.
JAMES TYLER . About Christmas, 1834, I was ostler at the Leather-seller's Arms, at Watford, which was kept by a person named Tookey. saw the two prisoners at his house—I cannot tell how near to Christmas that was—it was within a month of that time—I do not know how they got their living—I had seen Gardiner before—I saw them sell a pair of waiters to my master—(looking at two)—they were something like these, as far as I can tell.
JOHN CRESSWELL . I am a publican, at Great Marlow. I was at the Jolly Ostlers, at Uxbridge, when Darvill brought Gardiner there in custody—it was at the beginning of 1835—I sat up with Gardiner during the night, as I was a constable at that time—while I was sitting up with him he asked me how I thought he was likely to get on—I told him I could not say any thing about it—I knew he was taken on suspicion of this robbery—I told him I could not say any thing about it; he was the best judge whether he was guilty or not—he told me all he had had to do with it was, that he sold one pair of waiters to Mrs. Cole, at the Chequers, at Watford—nothing more passed—I afterwards went to Mrs. Cole, and found a pair of waiters, which I produce—Birch went with me.
Cross-examined. Q. Can you tell us when about this was? A. I cannot say to a week—it was the latter end of 1834, or in January, 1835—it might be the latter end of January.
SOPHIA NAYLOR . I live at Watford, my husband is a bricklayer. remember Birch the constable coming to my house—I delivered up to him some tea-trays and waiters—I do not know how many there were—the prisoner Smith and a man named George Taylor brought them to me—Smith is a relation of mine—the things were felt at my house about three seeks before Birch came—Smith hawks hardware about in a van—all kinds of hardware—I do not know exactly what—brushes and brooms—they said they wanted to leave them till they called for them—Taylor is a young man—neither of them ever came for the things—I am sister-in-law. to Smith—my sister is his wife.
Cross-examined. Q. Was Taylor employed by Smith in his bussiness? A. I do not know.
JAMES DARVILL . I am a constable of Uxbridge. I heard of this robbery the morning after it happened, which was on Christmas-day—the two prisoners were living on Uxbridge-moor at that time, in caravans—I knew them before—they had no goods in the vans at that time—the van was sometimes there for a month, and then went away for a time—it was backwards and forwards—I never saw them in possession of hardware, or any thing for sale, before this time—they might have been there a month before Christmas-day—in consequence of the robbery I made inquiry, and went to the house of Ewer, who is not here—I went to Mrs. Neal's, at the Red Lion, at Colnbrook, on the 22nd of January, and received from her these two trays—I had taken Gardiner about the 16th, at Colnbrook—he was before the Magistrate on this charge—he was kept three or four nights at the Jolly Ostlers, at Uxbridge, and then committed for trial—I proceeded to bring him to London in a chaise; and as I brought him, the hones belonging to a gentleman's carriage took fright, and ran against the chaise; and upset it, broke the handcuffs which the prisoner had on, and he made his escape—I have since made diligent search for him, and inquiry in all directions, without success—he was advertised—it was on the 31st of January I was bringing him up—the caravan was on the moor at the time—I took him—I took him in Colnbrook—neither he nor Smith ever returned to the van—they left it on the moor with Smith's wife—I looked for them in the ran, and am certain they had left it—I went several times while it was there—I also searched after Smith—I heard nothing of either of them till lately, when they were found at St. Albans.
Cross-examined. Q. Do you mean to say they were both living in one caravan on the moor? A. No, not both living in one van—I searched one, but did not search the other, because I had got the prisoner in custody—they had each a van at that time—it was Smith's van that was left with a wife in it—I do not know what became of the other—I did not know that Gardiner's van was sold to a man named Ewer—I am not certain whether I have seen it in Ewer's possession or not—I will not swear have not—Colnbrook is six or seven miles from Messrs. Grainger's—I found Gardiner in a public-house at Colnbrook.
Q. When the chaise was upset, did you undo the handcuffs? A. I to not exactly know what I did—I was hurt—I will not swear I did not—he ran away—he had been remanded by the Magistrate several times between the 16th and 31st—I believe Taylor is out of the country now—he was tried here, and was allowed to go about his business after the trial was over.
MR. BODKIN. Q. Is Ewer the brother-in-law of one of the prisoners? A. Yes, of Smith—I found one tray and three waiters in Ewer's house, on Uxbridge-moor, on the 15th, which are claimed by the prosecutor—that was before I took Gardiner into custody.
COURT. Q. Do you know whether Smith's caravan had then gone from the moor? A. That caravan had not—Smith was there in his caravan then—I do not know that he saw me go to Ewer's—Ewer told me some thing when I found them, in consequence of which a search-warrant was issued next day; but Smith was gone, and Gardiner also.
JOHN BIRCH . I am a constable of Uxbridge. I remember this robbery happening—I heard of it on Christmas-day—I went to the house of William Naylor, on the 23rd of January, and found these tea-trays and waiters—Mrs. Naylor gave them to me—I afterwards went to the Leather-seller's
Arms at Watford, and received two waiters from Mrs. Tookey—I pro duce two more waiters, which I got from Mrs. Cole, at the Chequers, at Watford—I knew the prisoners some years before the robbery—Gardiner lived with a girl of the town—they used to go about in a caravan—there were two vans—Smith had one, and Gardiner another—I never knew them sell any thing—I have been searching for them ever since the robbery occurred.
Cross-examined. Q. How long have you been an officer? A. About twenty years—I did not think it improper to say Gardiner lived with a girl of(the town—I was asked bow he got his living, and know that was the way be got it—his girl was about the town for years, and I know he never did any work.
JOHN LACY . I am a constable of St. Albans. In consequence of information from Darvill, I took the prisoners into custody on the 22nd of September last—they were stopping at the Christopher public-house, and had a light cart—at the time I took them, I did not know the particulars of the offence they were charged with—on the 23rd I conveyed them to Uxbridge—when I took them one was in a stable, and the other in shed—I took them on another charge—I took Gardiner first, in the shed and told him it was on suspicion of a highway robbery, committed on Barawell-heath—I said nothing to him about this charge then—I then took Smith, and told him the same—I said nothing to him about this charge at that time—next day I proceeded to take them to Uxbridge in a chaise—I had said nothing to them about this charge down to that time—Smith said, going along, between St. Albans and Walford, know what I am wanted for, respecting some back premises being broken open, and a quantity or a lot of tea-boards being stolen"—Gardiner said, "If I got away from Darvill, you are willing I shall not get away from you"—I believe Gardiner heard what Smith said to me—Gardiner said had he known what the charge had been, he should have had a turn-up with me for it.
Cross-examined. Q. Is this the first time you have mentioned about his laying he should have a turn-up with you? A. I believe I mentioned before the Magistrate, for he said I was not the first officer he had knocked a—over head—I am sure I mentioned to the Magistrate that he said be should have had a turn-up with me—if it is not in the deposition, it ought to be—I never saw Smith with any hardware—he had none when I took him—I do not know that he had any thing—I found a quantity of boxes and things at his lodgings—there was a cart—some hardware was found at Gardiner's lodging at St. Albans, and a quantity of knives, scissors, and things—braces, body-belts, and pocket-knives.
SARAH NEAL , re-examined. I recollect the prisoners selling my husband two waiters, and I gave them to Darvill—I cannot say whether it was fortnight or three weeks after—Darvill came the morning after my husband bought them—he had not bought them above a day or two before the constable took them away—I paid 6d. and a glass of liquor for them.
NOT GUILTY .
2297. WILLIAM SMITH and WILLIAM GARDINER were again indicted for a burglary in the dwelling-house of John Money, about the hour of 1 in the night of the 28th of December, in the fifth year of William the Fourth, with intent to steal, and stealing therein, 3 cruet stands, value 1s. 10s.; 18 cruets, value 10s.; 4 cruettops, value 5s.; 2 pairs of salt-cellars, value 5s.; 2 spoons, value 6s.; 1 bread-basket, value 1s.; 2 tea-boards, value 25s.; 1 pair of candle-sticks, value 5s.; 4 decanters, value 25s.; 9 knives, value 8s.; 9 forks, value 4s.; 3 ornaments, value 1s. 6d.; and 1 table-cloth, value 2s. 6d.; his goods.
MR. BODKIN conducted the Prosecution.
JOHN MONEY . I keep the George public-house at Uxbridge, in the parish of Hillingdon. On the 28th of December, 1834, about three o'clock in the morning, I was disturbed—I got up, came down, and examined the state of the premises—I found the window open in front of the street a pane of glass had been taken out, the fastening removed, and the window opened—the window lifts up, and has a screw-pin which goes through both sashes in the middle, and a drop at both ends—the removal of that pane of glass would enable a person to put his hand in and undo the fastening—it could not be done without, that window had been down the night before, and the fastening all secure—I missed a quantity of things, among then some knives and forks, which were safe with the rest of the property the night before—there was a poultry knife and fork among them—I missed about two dozen knives and forks—I found the window open on coming down, so as to admit the person of a man.
SAMUEL ALLUM . I am a miller, and live at Watford. About Christmas, 1834, I remember being at the Leather-seller's Arms there—it was close upon Christmas-day, but I cannot say precisely on what day—I can not say whether it was before or after Christmas-day—it was within two or three days of Christmas-day, or it might be a week—it was in the winter time—about Christmas—it might be within a week on either side Christmas-day—I bought some knives and forks, which I afterwards gave to Birch, the constable—I do not know what quantity I bought—I gave Birch all I bought—I gave 2s. for them—I do not know the person I ought them of—it was candle-light—one man took the money—I cannot say what time in the evening it was, exactly—I took no notice—there were several persons in the tap-room—I only dealt with one—I thought them rather cheap at 2s.—as soon as I examined them, I asked, "Pray how did you come by these knives and forks?"—he said in his travelling he exchanged new ones for old ones, at gentlemen's houses—some small waiters were sold at the same time to Mr. Tookey—I do not know by who, but it was not the same person as I bought the knives and forks of.
Cross-examined by MR. DOANE. Q. Where were the knives when you first saw them? A. Lying on the tap-room table, openly—there were a good many persons in the room—I cannot say the number—one person bid 18d. for them, and I bid above him—I did not bid for the trays.
Cross-examined by MR. PRICE. Q. Which of the prisoner's offered then for sale? A. I do not know either of them.
MR. BODKIN. Q. How far is the Leather-seller's Arms at Watford from the town of Uxbridge? A. Above eleven miles—it is quite across the country.
JAMES TYLER . I am ostler at the Leather-seller's Arms. I remember, in the winter of 1834, the two prisoners coming to my master's house I cannot say the time—they are the men—I saw Mr. Allum looking at some knives and forks, and saw him take them away—I do not know who
bought them there—I saw them on the tap-room 'table—the two prisoners were there, but they were doing nothing to them.
COURT. Q. Were there other persons in the room besides the prisoners? A. Yes—there was a room nearly full, perhaps seven or eight persons.
MR. BODKIN. Q. Who was at the table where the knives and forks were? A. Smith was standing at the table—I believe Gardiner was sitting down in the room, on a bench—I heard Smith tell Allum he had made an exchange at gentlemen's houses of knives—Allum was standing, looking at the carving-knife—I saw no money pass, nor heard any price mentioned—Smith sold a pair of waiters to my master at the same time, and Smith took the money for them—it was between eight and nine o'clock in the evening, as near as I can tell—they came to our house between six and seven o'clock, I believe—they came together—they staid there all night—they had two horses and a cart with them—I did not see any thing in the cart—they brought me out an old coat and whip—I cannot tell whether they slept in the same room—they left between seven and eight o'clock in the morning, and took the horses and cart with them.
Cross-examined by. Q. Did you see the trays on the table with the knives? A. No—they laid down on the opposite side of the room.
Cross-examined by MR. PRICE. Q. Do you know how much money was paid? A. No—I saw no money handed to any body for the knives—I did not know whether Allum was dealing for the knives or not—I heard him talking, and supposed him to be dealing—he was talking with Smith about them, I suppose.
COURT. Q. Can you say when this was? A. No—I cannot tell whether it was before or after Christmas—I think it must have been after Christmas, but I do not know.
COURT to SAMUEL ALLUM. Q. Can you tell when this was? You say it might be a week on either side Christmas-day, can you tell whether it was in the old year or in the new one? A. I really did not take notice of that.
JOHN BIRCH . I am a constable. I heard of this robbery the next morning, the 28th—I believe the prisoners were at that time in a caravan on Uxbridge-moor—I know they had been there for some weeks before, and the caravans were there directly after, but I was not on the moor that very day—I observed them there after—I cannot exactly say on what day, but it was a very little while afterwards—I went on the moor, for the purpose of apprehending them, within a week—it was a few days after, and they were neither of them there—I found Smith's caravan there—the other was gone—I did not see either horse—one caravan and two horses were gone—I have since tried to take them without success, till I beard of their being taken at St. Albans—I produce some knives and forks which I got from Allum.
JAMES DARVILL . I am a constable of Uxbridge. I took Gardiner into custody on the 16th of January—I told him what I took him for—it was not on this charge—after the examinations he was committed to Newgate I was taking him to London on the 31st, when the chaise was upset, and he made his escape—I have since been trying to take him without success.
COURT. Q. How was he secured before the chaise was overturned? A. One of his hands was handcuffed to the iron rail of the gig—one hand-cuff was broken, but whether it was on his hand I do not know—I was nearly senseless when I was thrown out, and do not know how he got away.
(Property produced, and sworn to.)
JOHN LACY . I took the prisoners into custody at St. Albans, on the 22nd of September—they were living there together, at a public-house and had a cart with them—I found some hardware at their lodging—they had one horse—nothing passed between me and them respecting this robbery
NOT GUILTY .
Fourth Jury, before Mr. Recorder.
2298. NORBRUTH DOLUBOWSKI, KAZIMIERY SZEZYGIELSKI , and AUGUST PIOTROWSKI were indicted for stealing, on the 29th of September, at St. George, 1 trunk, value 30s.; 1 watch, value 2l. 10s.; 1 watch-key, value 10s.; 7 coats, value 18l.; 2 pairs of trowsers, value 30s.; 3 pairs of boots, value 4l.; 1 skin of leather, value 2l.; 16 shirts, value 5l. 10s.; 4 waistcoats, value 1l. 8s.; 17 handkerchiefs, value 1l.; 16 collars, value 16s.; 12 socks, value 12s.; 1 cap, valued; 3 stocks, value 3s.; 3 pairs of drawers, value 15s.; 4 bags, value 16s.; 2 pistols, value 2l.; 1 knife, value 5s.; 4 pipes, value 1l. 12s.; 3 buttons, vine 3s.; 3 printed books, value 15s.; 1 belt, value 10s.; 2 brushes, value 2s.; 2 razors, value 10s.; 3 pen-holders, value 2s.; 10 foreign silver dollars, value 2s. 6d. each; 1 foreign silver dollars, value 3s. 6d.; 1 fifty-dollar Russian note; 30 Prussian five-dollar notes; and 11 one-dollar notes; the goods and monies of Joseph Strebeyko, in the dwelling-house of Jane Ruddiman.
MR. PAYNE conducted the Prosecution.
JOSEPH STREBEYKO (through an interpreter.) I am a Pole. I arrived in this country on the 25th of September, and landed in the Commercial Dock—I first saw the three prisoners on the 26th—when I passed by them they asked me whether I was a Pole—I said, "Yes"—T said 1 had arrived in England quite a stranger, without knowing the language of the country, and should like to find somebody who would assist me—I had a trunk with me, which was on board the ship—I told the prisoners I had things on board the ship—they were all three together—I made an appointment to meet them next day, and we went to dine together—I do not know the place where we dined, being a stranger—after dining together it was too late for me to go on board the ship, and they proposed for me to stay and take a bed, and I slept with them at their lodging—they all three went with me to the ship on the 28th, and fetched my things away from the Commercial Dock, and they were taken to their lodging—I knew they lodged there the first night I slept with Dolubowski, the second night with Szezygielski and the third I did not sleep with them, but in Seymour-place—on the 29th we went together to the literary Polish Association—Dolubowski went up stairs with me, and the other two remained below—we then came down, and I requested them to stay there awhile, and I went up by myself to make some inquiry about some papers—when I went up stairs I learnt that they were suspicious characters, and on coming down again they were gone—I went home to their lodging at five o'clock, and my trunk and the prisoners were gone, and a watch which had been on a shelf in the room there was a pocket-book in my trunk with notes of the Bank of Prussia' about 245 Prussian dollars and ten sillers—there were two dress coats, two pairs of trowsers, and two large coats—I saw the prisoners searched at station-house.
Cross-examined by MR. DOANE Q. When you met them the first time, did they ask you if you were a Pole? A. Dolubowski was the first that asked me—I knew Dolubowski before, and his family, because they lived not far from me in Poland—I did not know Piotrowski—I am quite sure Dolubowski was the first who asked me if I was a Pole—I did not
at first know it was Dolubowski, but on looking at him I recognised his features—I was a Polish officer before I came to this country—I was in the Lancers, in the service of my own country—I ceased to be an officer in 1831, at the close of the Polish war.
Cross-examined by MR. JONES. Q. Was not Dolubowski also an officer or a soldier? A. I did not see him in the service, but learnt afterwards in London from him that he had been in the army—I did not know Szezygielski—I am ready to swear I did not know him in Poland—I never saw him in Poland or any where, before I came to London—I never borrowed any money of either of the prisoners before I came to London—Szezygielski never asked me, after I came here, to pay some money which I had borrowed of him—he never said a word about my owing him money—I did not know any thing about Szezygielski except afterwards, when I knew him here—I was obliged to leave Prussia—I have served in the National Army.
MR. DOANE. Q. Did not you receive your property back again when they ascertained what they had done was contrary to the law of England? A. I have not got it back—it is at the police-office—I have not got the duplicates for the things—they did not give me any paper or ticket to enable me to know where the property was, and I have not got them now.
MR. PAYNE. Q. Did you ever owe any of these men any money in jour own country, or any where? A. Never.
FRACHIS PATIENT . I live in Backchurch-lane, Whitechapel. On Friday, the 29th of September, I went to the Cherry-tree public-house, Back-lane, about ten minutes after three o'clock in the afternoon, and saw all the three prisoners there—there was no trunk there—I went with them to No. 8, North East-passage, which leads out of Cable-street into Well close-square—when I got there there was a trunk and a bundle—I brought the trunk down stairs myself, and they brought the bundle down to the street door, while I took the trunk down the passage to put it into the truck—I took the trunk and bundle to the King's-head public-house, at the corner of Tower-street, Tower-hill—all the three prisoners accompanied me—Szezygielski paid me 2s. for the job—he asked if I was satisfied, and I said, "Yes"—he said he was going to France, that he had got a brother there, and he was in particular haste—I have seen the trunk which was before the Magistrate, and is here to-day—it is the very same—the lock was on it when I took it, and when I saw it before the Magistrate it was broken open—they did not speak English to me—I did not understand their mode of speaking very well.
ISAAC JOHN ISAACS . I am a fireman, and live in Wellclose-square. On the 29th of September I saw the trunk brought out of the alley by the prisoners, and put into the truck—I saw a bill offering 5l. reward, and on Saturday morning I saw Szezygielski with Dolubowski, who ran away I took Szezygielski into custody—I sent my fellow-servant for a Policeman, and pursued him down Cable-street—Kay came up, and I gave him into custody—they used all three to come and speak to me at the station-house—Szezygielski spoke very good English—the others did not talk quite so plainly, but I could understand every word Szezygielski said.
THOMAS KAY (police-constable H 101.) I received Szezygielski in charge from Isaacs, about nine o'clock, on the 30th of September—I took him to the station-house, searched him, and found three sovereigns, 35s. in silver seventeen pieces of foreign coin, and 9 1/2d. in copper; a bag, a
pipe, and three duplicates of property, claimed by the prosecutor, also a watch-key, and a pocket-book, containing sundry papers, some of which the prosecutor identifies—he claims the watch-key also.
WILLIAM DICKENSON (police-constable H 11.) I apprehended Dolubowski in a room at the Old King's Head, Old Change, on the 30th about half-past ten o'clock at night—I took him to the station-house—I found 4l. 8s. 6d. on him, all in English money, and eight foreign coins besides—and in his room I found a box, some pistols, and a knife found a pair of boots, a shirt, and a stock on him at the station-house—the prosecutor claimed them.
Cross-examined by MR. PRENDERGAST. Q. You knew nothing of them before? A. No.
THOMAS CUMMINS . I am a police-sergeant. I apprehended Piotrowski in North East-passage, Wellclose-square—as he was going down stairs, he said he was bad in his bowels, and asked leave to go to the water-closet—I let him go—I then took him to the station-house, searched biro, and found 9s. 10d. in silver, 1s. 2d. in copper, and some small foreign coin, and a pocket handkerchief which the prosecutor identities—I returned to the house, searched the water-closet, and found two foreign pipes, a Russian rouble, and a quarter-rouble, and a parcel of begging letters, one of them with the name of Lord Dudley Stuart on it—I went next day with Dickenson to the same house, and found a tobacco-pipe in a basket covered with cabbage-leaves, hanging from the staircase—I found this smelling bottle and brush in a trunk.
Cross-examined by MR. PRENDERGAST. Q. Did you know either of them before? A. Yes, all three—I have had conversations with Szezygielski—I have bid him the time of day, as I knew him before—I believe they have been in this country about two years—I believe all three of then, and several others I know—I always considered them as Polish refugees—I searched Piotrowski, at the station-house, on Sunday, and took off his person two shirts, two pairs of drawers, two socks, and a pair of boots, all of which the prosecutor claimed—on Szezygielski I found a shirt, a front, a breast-pin, and two pairs of drawers—they were wearing them-we took them out of the cell on Sunday morning—the prosecutor identified all the property on the prisoners—I know persons do sometimes wear two shirts.
WILLIAM HENRY THOMAS . I am an assistant at the Bullion-office, Cornhill. On the Saturday, previous to my going to the office, I remember three persons coming to the counting-house—I can be positive of Szezygielski being one of them, and imagine the others to be the same, but could not swear to them—Szezygielski offered for sale some Prussian notes, amounting to eighty-six dollars—I purchased them, and there were nine dollars in silver—I paid him 11l. 17s. 6d. in English money—I produce the notes which I received from him.
Cross-examined by MR. PRENDERGAST. Q. Are you quite sure of Szezygielski? A. I have not a doubt of him—I never saw him before—I recollect his face very well—his face cannot escape my recollection he was the spokesman—I am certain of him.
WILLIAM WRIGHT . I am a clothes salesman, and live in Stacey street, Seven-dials. On Saturday morning, the 30th of September, between eight and nine o'clock, the prisoners, Szezygielski and Piotrowski, came together and asked me whether I bought second-hand clothes—Szezygielaski asked me the question—I knew they were foreigners, but I could understand
them very well—I asked if they were foreign clothes—they said they were—I asked whether they were their own property—they said they were, and if I would go with them to their lodging I might see them—I went with them to their lodging at the Nag's Head, James-street, Coventgarden, and saw Dolubowski lying on the bed with his clothes on—they were all three together in the room then—there were some clothes lying on the floor—they pointed to them, and said that was what they wanted to tell as they were going abroad—they consisted of morning coats and other costs—there were five coats sound and whole, and one ripped to pieces, a cloak, two pairs of trowsers, and a yard and a half of red cloth—Szezygielski asked me 3l. for them—I gave him 2l.—Szezygielski took the money—on the Monday afternoon the policeman brought Szezygielski H sod the prosecutor to my shop, and I knew him—I gave up to the policeman the property I had bought of them.
Cross-examined by MR. PRENDERGAST. Q. You knew them to be foreigners? A. Yes—I did not know whether they were Poles—I am not a foreigner myself—I bought the things very fair—I think the things worth Il—I believe they would not fetch 2l. 10l. by the hammer—they are all foreign things—I gave plenty for them.
THOMAS WINDSOR ALLEN . I am a pawnbroker, and live in Clare-street, Clare-market. I produce a silver watch which was pawned on the 29th of September for 12s., by Szezygielski—I have seen a duplicate profaced by Dickenson which corresponds with it—the other prisoners were standing in the shop by the side of him at the time, a little back—he made inquiry whether I would purchase a Polish dollar—I said, No," and directed him to the Strand where they could sell them.
Cross-examined. Q. You are not certain of the men? A. Yes, I am I certain of all three men.
WILLIAM JAMES DAVIS . I am shopmanto Mr. Jerrom, a pawnbroker, in Union-street. On the 30th of September all the three prisoners came to the shop, and offered to pawn the skin of an elk and a hunting bag—I was in the shop when 10s. was advanced on the things—the duplicate produced by the officer corresponds with the things.
Cross-examined by MR. PRENDERGAST. Q. You advanced more than the value? A. Master's brother advanced the money—it was a fair price they all three came into the shop.
JANE RUDDIMAN . I am a widow, and keep the house, No. 8, North East-passage, Wellclose-square. The prisoners Dolubowski and Szezygielski lodged with me—I recollect the prosecutor sleeping two nights at my house—the three prisoners brought his trunk to my house—I saw them bring it—I did not see it taken away—my house is in the parish of 8t. George.
Cross-examined by MR. PRENDERGAST. Q. Is it not in the liberty of Wellclose? A. It is Wellclose-square—I do not know that it is called the liberty of the Tower—I never heard it called Wellclose liberty—it is st. George's East—I have known the prisoners nearly six months—they ways behaved themselves very honourably and very respectably—I never saw a wrong thing about them.
MR. PRENDERGAST. Q. Do you not know the precinct of Wellclose is a separate district altogether? A. I do not know whether this is in the
precinct or not—they sometimes try cases there, but sometimes send them to Clerkenwell and the Old Bailey—there is a Tower Sessions held I do not know that Mrs. Ruddiman's house is in the precinct—it is close by.
JOSEPH STEBEYKO re-examined. I have seen all the articles, and they are all my property—I do not recollect the numbers of the notes, but I know some of them—one is a fifty dollar one—it is torn in two pieces and a bit of paper joined it—I had notes of this description—I have seen the articles of wearing apparel—they are mine.
MR. PRENDERGAST. Q. Did you never hear Dolubowski say you owed him money? A. Never—nor Szezygielski either—I did not borrow 500 roubles of one of them—I do not know Szezygielski's family.
DOLUBOWSKI— GUILTY . Aged 40.)
SZEZYGIELSKI— GUILTY . Aged 30.)
PIOTROWSKI— GUILTY . Aged 29.)
of Larceny only
Transported for Seven Years.
2299. MARY BROWN was indicted for feloniously breaking and entering the dwelling-house of John Gower, on the 9th of October, at St. Paul, Covent-garden, and stealing therein, 16 yards of ribbon, value 8s.; his goods.
JAMES NICHOLAS GUNN . I am shopman to Mr. John Gower, of King-street, Covent-garden. On Monday evening, the 9th of October, I was in the shop—I heard a noise and a knocking at the shop window I went out immediately, and found the prisoner in custody of a policeman named Kirkman—she had a velvet bag and a piece of ribbon inside it, which is Mr. Gower's property—it is worth 8s.—the bag does not belong to him—the ribbon had been in the window for sale, directly in the middle of a square of glass which had been broken.
JOHN KIRKMAN (police-constable F 107.) I apprehended the prisoner in King-street, near Mr. Gower's shop—I had heard the glass crash before that, and saw the prisoner leaving the window—she had got three or four yards from the window, and bad this bag with the ribbon partly in it and part out—it was plate glass, and there was some blood on her hand.
JAMES NICHOLAS GUNN re-examined. My master's house is in the parish of St. Paul, Covent-garden—this was about nine o'clock in the morning I know the ribbon—I am certain it was not sold to her—it has our mark on it—master's mark and my own as well—if I had not heard the glass break, the persons passing must have heard it, for it was broken by a tile—she was some time going away, I believe—I believe she is quite destitute of friends, or of any place at all—she only had a towel and a piece of soap—she must have been sleeping in the street.
Prisoner. I was in a state of great distress, and in such a state of mind, that I should have preferred any punishment—I was deprived of my employ by a dispensation of Providence, since when I have been able to do nothing—I was employed at a stay-maker's in York-street, Bryanstone-square—I have no friends in town—I came from Westminster prison two nights before this accident—I had been there a month—my friends live it Maidstone, in Kent—in Milton parish—I have been in London six or seven years—I had not the slightest intent of robbing the shop, nor had I moved above one yard—I worked for Mr. Young, of Upper York-street, three months—I was in the Refuge before I worked for him, for seven months
GUILTY. Aged 29.—Strongly recommended to mercy.
2300. WILLIAM GRANTHAM and CORNELIUS DALEY were indicted for feloniously breaking and entering the dwelling-house of Henry Furtescue Murton, on the 5th of October, at Paddington, and stealing therein, 8lbs. weight of beef, value 4s. 6d., his goods.
HENRY FOBTESCUE MURTON . I keep a provision shop in Green-lane, Harrow-road, Paddington, and am a contractor on the railroad. On the evening of the 5th of October I placed a piece of beef on a stall by the side of the counter—it weighed about eight pounds and a half—the window had been partly up, and I closed it—the prisoners have both worked for me—one left me about six weeks before this, and the other about three weeks or a month—I was called to the shop by my servant girl, and afterwards found the top part of the window thrown down—the house is in the parish of Paddington.
EVERELDA WOOD . I am servant to the prosecutor. On the 5th of October I found the prisoner Grant ham in the shop, on the table under the window, which was put down, and I saw a boy under the counter—I could not swear to him—I screamed out—Grantham went out at the window; into the other ran out at the door which I had opened—nobody could get into the shop except through the window, as the door was shut and fastened—I unlocked it to go in for a tooth-brush—I found the bit of beef on the floor, near where the boy laid under the counter
Grantham. The window was open when I got in.
GEORGE SMITH . I work for Mr. Murton. I heard the alarm given, and saw Daley come out at the shop door—I second Grantham, and brought him back—I knew Daley before—Grantham had no apron on—nor any frock—he had this frock in his hand when I secured him—he tried to throw it over a hedge, but it caught in the hedge—it is big enough to wrap the beef in.
MICHAEL BROWNE (police-constable T 22.) In consequence of information I received on the evening of the 5th, I went to Edgeware-road—I sat Daley coming out of the Coach and Horses public-house, about a mile and a half from Mr. Murton's—as soon as he saw me coming towards him, he turned in, and endeavoured to conceal himself by a folding-door—laid hold of him, and said, Young fellow, I want you"—he said, I suppose so"—I said, I want you for breaking into a cottage in the lane" he said he had not been there that day—I said, Do you know Grantham?"—he said, No"—I said, "Where is your smock-frock?"—he said, "I have not got one"—Grantham was at the station-house—I brought him out, and the Inspector said to Grantham, "Is this the lad that was with you in Green-lane?"—he said, Yes"—he said, "Is that his smock frock?"—he said, Yes"—the Inspector said, Now, Mr. Daley, what do you say?"—Daley said, His head ought to be knocked off"—the Inspector said, What for?"—he said, "For splitting. "
Daley's Defence. About ten o'clock in the morning I went to the rail-road to see if I could get work, but could not—I went and met this young he had no jacket on, and asked me to lend him my smock frock as I had a jacket, and I did—coming along he met another boy, and stopped behind with him, but what they did I do not know—I was not in the house, and nothing to do with it—the witness Smith always owed me a spite he did not see me coming out.
shop—I did not owe him a spite—when they struck for wages, they threw dirt and stones at me—I am quite sure he is the person.
GRANTHAM†— GUILTY . Aged 14.)
DALEY†— GUILTY . Aged 16)
Confined Three Months
NEW COURT.—Friday, October 27th, 1837.
Sixth Jury, before Mr. Common Sergeant,
GUILTY . Aged.— Confined One Year.
GUILTY . Aged.— Confined One Month.
GUILTY . Aged.— Confined Three Months; Three Weeks Solitary.
MESSRS. ELLIS and CHAMBERS conducted the Prosecution,
GEORGE HARTSHORN . I am a haberdasher, and live in Church-line, Whitechapel. I saw the prisoner at my shop on the 7th of September, with another man—he asked for a pair of stockings—I asked what sort he hesitated—I showed him some, and he bought a pair that came to 1s. 6d—he then offered a good sovereign, and while I was giving him the change, he asked for a half-sovereign—I gave him a half-sovereign, and took any 10s.—I put the money down to him—he counted it—he then put the money before me, and said he thought the price of the stockings was a shilling—I told him I had some at 1s. a pair, and turned to get them—while that was doing, he said, "You need not trouble yourself, I won't have any but those I have seen"—(while my back was turned, he had tie means of touching the money)—upon that, I turned to the counter again the money was there—I took it up after he pushed it to me—when I gave him back his sovereign, he quitted the shop—I noticed the half-sovereign before I gave it him—it was one of George the Third's reign, I am quit confident, because I had only taken it two hours before—after he left the shop, I took up the coin he had left, and went to put it with some sovereigns and then discovered it was bad, and not the same I had given him—I kept it in my possession till I gave it to the policeman, William Argent—I saw the prisoner on that night week at the Spitalfields' station—I am quit sure he is the same man—there was another man with him when he came, who had spectacles on, and I think he squinted.
Cross-examined by MR. DOANE. Q. Have you not expressed some doubt whether this was the man? A. No—I do not remember an officer ordering the prisoner to button his coat, to see if I could swear to him nobody else was in the shop—I had three sovereigns and a good half sovereign in the till—no other half-sovereign.
WILLIAM GODDARD . I am apprenticed to James Sequeira a chemist in whitechapel. On the night of the 7th of September, about ten o'clock, the prisoner came with another man, for something to rub his thumb with it appeared to be sprained—I gave him a liniment, which came to 9d.—he gave me a sovereign—I gave him the change all in silver—he asked me for a half-sovereign—I did not give it him, as I had none—he seemed to recollect himself, and said he had a half-sovereign, and threw one down on the counter, and took up the sovereign—I gave him 9s., and went over the road for change for a shilling, as I had no halfpence—I kept the half sovereign in my pocket—I gave him the 3d.—as soon as he was gone put the half-sovereign into the scale, and found it bad—I gave it to Mr. Sequeira an hour afterwards.
Cross-examined. Q. There were other people in your shop? A. Yes, there was a man with a wounded head—I attended to him—that person tent out, and said, Serve this gentleman"—I think his head was bleeding—I do Dot recollect seeing him afterwards—he was in the shop first
WILLIAM ARGENT (police-constable H 126.) On the 8th of September I received information from Mr. Hartshorn and Mr. Goddard—on the 14th I was with Barker in Shoreditch, and saw the prisoner and three more—we followed them down to Church-street—they stopped, and looked at a shoemaker's shop, where there were twelve or fourteen men—I thought the prisoner was the man that I wanted—Barker took him, and I took soother of them—I received this half-sovereign from Hartshorn, and this from Sequeira—I have kept them separate.
HENRY BARKER (police-constable H 26.) I took the prisoner—he walked tome distance, and then said, "Don't handle me, I will go quietly"—he walked about two hundred yards, and started off up an alley—I followed him—as I was going, two men, whom I had seen in company with him, put out their feet and threw me down—I got up and pursued the prisoner about half a mile—he said, "Don't handle me"—I said, "What did you run away for?"—he said, "I am innocent, I know I shall be transported"—I sent for Mr. Hartshorn and Goddard to the station, and they recognized the prisoner.
Cross-examined. Q. Did they recognise him at once? A. Yes—I ordered him to button his coat up, because he threw it open as he came out of the cell—Mr. Hartshorn identified him—I said, "Come, don't unbutton your coat."
JOHN FIELD , I am inspector of coin to Her Majesty's Mint, and have been so nearly twenty years. This coin which was given to Hartshorn is a pit sixpence, of George the Fourth's reign—the obverse side is the same mall respects as a half-sovereign—the reverse side has been altered—the garter has been burnished out, and therefore, to a common observer, it has all the appearance of a half-sovereign—the other one is in all respects the same, only of a different date.
GUILTY . Aged 24.— Confined One Year.
WILLIAM WOOD . I live in White Horse-street, Stepney, and am a greocer I saw the prisoner at my house on the 16th of September, about eight o'clock in the evening—she asked for an ounce of tea at 4d., and half pound of sugar, at 6d.—it came to 7d.—she tendered a half-crown—I
gave her 1s. 11d. change—she turned her back to go out—I suspected the half-crown was not good, and pursued her, but did not find her—I there gave the half-crown to my son—he went in pursuit—he afterwards gave me the half-crown again—I kept it till the 26th of September, and gave it to Garde—I had not lost possession of it.
Prisoner. Q. Are you positive I am the person? A. Yes—I picked you out from the rest of the prisoners.
WILLIAM WOOD . I am the son of William Wood. He gave me a half-crown—I went after the prisoner, and saw her with a man about a quarter of a mile off—I told her she had taken my father in with a bad half-crown—she said nothing—the man came and knocked me down, and they got away—I returned, and gave my father the half-crown.
CHRISTOPHER STOREY . I am a hat-maker, and live in Bridge-place, Stratford. The prisoner came to my house on the 22nd of September, and selected a boy's cap—she put down a crown—I saw it was bad—I took it up, and went to get a person to detain her, while I got a policeman—I said I supposed she knew it was bad—she said she was not aware of it—I gave it to Edward Shaw.
MR. FIELD. These are both counterfeit in all respects.
GUILTY . Aged 24.— Confined Three Months.
JANE CHANDLER . I am the wife of Edward Chandler, of Duke-street, West Smithfield. On the 31st of August, the prisoner came to the shop and had a quarter of an ounce of tea and a quarter of a pound of sugar, which came to 2 3/4d.—he laid a shilling down on the counter—I gave him a sixpence and 3 1/4d—when he was gone I bit the shilling, and desired the servant girl to fetch him back, which she did, with the policeman, and I gave the shilling to Burgess.
CHARLES BURGESS (City police-constable 25.) I took the prisoner on the 31st of August, and took him to the shop, and searched him—he pot down a sixpence and 3 1/4d.—he was taken and discharged—I receded the shilling from Mrs. Chandler.
ELIZABETH PAPE . My husband lives in Helmet-row, and is a beerseller. The prisoner came to our shop on the 12th of September—he asked for a half-pint of beer—it came to 1d.—he gave me a shilling—I gave it to my husband to change.
Prisoner. Q. Did you not put it into a side-slip? A. No, I did not—he said a person gave it to him for carrying a parcel.
WILLIAM PAPE . My wife gave me this shilling—I looked at it, and saw it was bad—I tried to bend it, and it broke into two pieces—I asked the prisoner where he got it—he said some person gave it to him for carrying a letter or parcel—I gave him into custody.
MR. FIELD. These are two parts of a counterfeit shilling—this other shilling is also counterfeit, and I believe both have been cast in the same mould.
GUILTY . Aged 23.— Confined One Year.
MR. ELLIS conducted the Prosecution.
JOSEPH STALEY . I keep the Halifax Head, Princes-street, Whitechapel On Sunday morning, the 10th of October, between ten and eleven o'clock the prisoner came for half a pint of beer and offered me a shilling—I gave him change—after he was gone I perceived it was bad—I cut it—I kept it by itself till I gave it to the policeman—on the 14th he came again for half a pint of beer, and offered a shilling—Thomas Stickley took the shilling—I got it from him—I was at the bar, and saw it was the same that he got from the prisoner—I cut it with a pair of scissors into two bits, and threw It down—the prisoner ran out after I cut it—he said he got it from the next public-house—he then said he received it at Smith's, at a beer shop, and then that he took it at Stratford—he took the two pieces of shilling in his hand and ran off—I pursued and took him with them in his hand—I gave him to the officer—I marked the shilling at my own house—the inspector saw it and told me to mark it again, and I did—there are two marks on it now
COURT. Q. How came you to take it on the 14th, if you knew it was bad? A. I took him that day—I did not give him change—I swear to his being the person who was there on the 10th.
THOMAS STICKLEY . I am a carpenter and live at Tottenham. I was serving the prosecutor's bar on the 14th—the prisoner came in for half a pint of porter and gave me a shilling—I gave it to my brother-in-law—I us sore it was what I got from the prisoner
MR. FIELD. These are both counterfeit, but not from the same mould.
Prisoner. I took the shilling promiscuously—I did not know it was bad—I went to get the beer, and then found it was bad—I went to try to find the person who gave it to me.
GUILTY . Aged 32.— Confined One Year.
MR. CHAMBERS conducted the Prosecution,
MARTHA CECILIA WEARING . I am the niece of Thomas Sherman, of Little Trinity-lane. On the 11th of October the prisoner came for a quartet of an ounce of tobacco and a pennyworth of bread—it came to 2d.—he gave roe a shilling, which I took to my uncle, and asked if it was not bad on my return, Mr. Sherman came out and gave him in charge—he had. been there two day before, and had asked for half an ounce of tobacco—that came to 2d., and he gave a shilling—I gave him change, and he left the shop—I took the shilling to my aunt—she told me it was bad—I put it on the mantel-piece—I gave both the shillings to the policeman.
Prisoner. Q. Did you not say you did not know who gave you the shilling the night before? A. I said it was the prisoner, and I am sure it was him
WILLIAM COLLYER . (City police-constable No. 89.) I was called and went to the shop—I found the prisoner there—the witness gave me two shillings, which I produce—I searched the prisoner, and found a penny on him.
Prisoner Q. You heard her say she took a shilling over night, and did not know whose it was? A. She said she thought it was the prisoner—she looked again, and said, I am certain it was him—I told her to be very correct.
MR. FIELD. These are both counterfeit.
Prisoner, I am innocent of knowing them to be bad, I never was in the house but once.
GUILTY . Aged 53.— Confined One Year.
MESSRS. CHAMBERS and SHEA conducted the Prosecution.
WILLIAM HOBSON . I am a chemist, and live in Old-street. On the 11th of October, about 5 o'clock in the evening, the female prisoner came to my shop, and asked for a pennyworth of dragon's blood—I served her—she laid down a sixpence—I saw it was bad, and refused it—I returned it, and she went away.
Fergusa. Q. Had not the young woman a cast in her eye? A. No; it was you, I am not mistaken.
JAMES BRANNAN (police-constable G 203.) On the 11th of October, I saw the two prisoners in company in Old-street, St. Luke's—I followed them with Davis to Bunhill-row, and saw Fergusa go into a linen draper's shop—she came out, and joined Bennett—I saw her go to Mr. Hobson's—she came out and joined Bennett again—Davis went into the Ron Puncheon—I still followed the prisoners—I then went in, and from there I saw Bennett take some money out of his mouth, and give to the female—she wiped it with her shawl, and put it into her mouth—I then followed them about two hundred yards, and took the male prisoner—her resisted very much—I saw some money in his mouth, and seized him by the neck, but he contrived to swallow it—I took him to the station-home, and found on him 2 1/2d.—Davis took Fergusa, and a struggle ensued.
Cross-examined by MR. PAYNE. Q. You saw some money in his mouth? A. Yes—I seized him by the throat, and then he opened his mouth, and I looked in—I should say there were sixpences in it
EVAN DAVIS (police-constable G 192.) I assisted Brannan to watch the prisoners—I took Fergusa by the throat, and told her to open her mouth—she did so a little—I put my finger in, and she bit me—I got four sixpences out of her mouth, which I produce.
Cross-examined. Q. Were you the officer on night duty at the station house? A. No—it was some other constable—I did not remain with the prisoner five minutes—I know nothing about any jalap in coffee being given Bennett.
Fergusa's Defence. I met a man and woman in Union-street on the 12th—the woman asked me where I was going—I said to my father, by the Fleece Inn, Lower Edmonton—they said they were going the same road—I saw them following me—I turned and was making the best; my way home, when the man said, "Hold this money," which I did the officer came and took me.
Bennett's Defence. I met this female and a young man with her, and she can bring the man up that was with her.
Fergusa. I am not the female that passed the money—she is in Horsemonger-lane now, and has a cist in her eye.
FERGUSA— GUILTY . Aged 22.
BENNETT— GUILTY . Aged 22.
Confined One Year
Cross-examined by MR. DOANE. Q. I suppose it is sometime since you saw it? A. I saw it a few days before it was lost—it was loose in the room.
WILLIAM ALLEN . I am a bricklayer. I was working on Mr. Wyllie's premises and saw this stove there—I can swear to it as being his—there is a W on it—I saw it at Mr. Dickens' house in Ealing—I recognized it directly.
Cross-examined. Q. You swear positively to it? A. Yes. I had seen the mark when I had been there several times—the last time I saw it was about the beginning of April—there was a W on it, and two other marks in white chalk or paint—when I first saw it at Mr. Dickens' I did not know it was Mr. Wyllie's—immediately it was brought down stairs and put on the barrow I recognized it—I did not see the mark then—I saw the mark when Turner came and took it away—I said, if you rub the dirt away you will see the mark"—I went to Turner—the stove was then gone on in a barrow—I found it against the Feathers public bourse, which is in the road to the house of Mr. Wyllie—I did not know there was a reward of ten pounds offered—I heard of it last night, bat not before I found the mark on it—I saw the stove at Dickens' alone—I recognized it, but saw no mark on it then—I saw it again at the Feathers in about five minutes—that might be two-hundred yards off—it was a quarter before seven o'clock—the man was resting there with it authorized him to take it to Mr. Wyllie's—when I got to the Feathers I saw the mark by seeking for it—that is the mark which I saw in April—it was about the third of the month that I found it at Dickens'.
WILLIAM TURNER . I live at Ealing, and took a stove from the prisoner's to sell to Mr. Dickens, and he kept it two or three days—I cannot tell when it was—I went to Mr. Dickens on Saturday night to ask for the money—I saw the prisoner at his own house when I fetched the stove away—it was on Wednesday—I cannot tell what day of the month, nor what month—it was a few weeks ago—I knew the stove again,—this is it—I know it by the chalk mark that Allen told me of—here is the mark—I saw no marks then on it.
Cross-examined. Q. You saw this a few weeks ago? A. When I took it out of the barrow at the Feathers.
W. TURNER re-examined. I took the stove back to the prisoner's, and Put it into the garden.
NOT GUILTY .
of my saws—I inquired of the prisoner, and repeatedly since he has asked me if I had found it—this is it.
Cross-examined by MR. DOANE. Q. Have you known him? A.Yes, two or three years—he is a neighbou—the handle are off—they were not off when the saw was taken, but the handles are here.
JOHN PASCOE (police-constable T 19.) I went with the other officer to search the prisoner's house, and in the cupboard I found this saw—I went to the prosecutor's, and he said it was his—I went back, made a further search, and found the two handles under some bricks in an out-house.
GUILTY . Aged 47.— Confined Two Months.
2312. JOHN CHILVERS and ROBERT DAVISON were indicted for stealing, on the 28th of September, 2 bushels of chaff, value 2s.; and half-a-bushel of oats and beans, mixed together, value 2s. 6d., the goods of Robert Wagstaff, the master of John Chilvers.
ROBERT WAGSTAFF . I am the son of Robert Wagstaff, a farmer at West Ham. Chilvers was my father's carter—I thought it necessary to watch him, and went to the premises of Mr. Young, in Mile-end-road, on the 28th of September, and about four o'clock that afternoon I saw Chilvers drive my father's team into the yard—he got on the wagon, and took off two bags, one containing about two bushels of chaff, the other about half a bushel of corn—he was to leave my father's house about one o'clock in the night, on the 27th, for London, and did so—he should have fed the horses in the market in London—he had about six bushels of mixed corn allowed him to feed them—he should have given them the chaff and corn mixed in London—we always give them a bushel of clear corn and six bushels of chaff—they mix it themselves—they generally get home about five o'clock in the afternoon—I saw him do this, and I saw the ostler, Davison, take it off the wagon from him, and deposit it in to stable close by—he emptied the bags, and returned again, locked the door, and put the key into his pocket—the prisoner Chilvers then turned round and drove home, without eating or drinking in me premises—the horses had nothing to eat but a mouthful of hay which he picked up—they ought not to have eaten there—I then went and gave the ostler into custody—he denied all knowledge of it—the policeman demanded the key—he refused it, but after all he took it out of hw I pocket and unlocked the stable—we there found the corn and chaff—I have compared the corn with my own, and believe it to be the same, and the chaff also.
Cross-examined by MR. PHILLIPS. Q. How far is this house from yours? A. About two miles and a half—Chilvers was brought to the office and there was a fine of 40s. put on him—this was the charge against him—Davison was there and was fined too.
ROBERT WAGSTAFF, SEN . I was present at the examination of the prisoners—the Magistrate did put a fine on each of the prisoners, and at the moment Mr. Gregory stated something, and the money was not taken—they never left the office—the order was not carried into execution, as the Magistrate altered his mind.
Cross-examined by MR. PHILLIPS. Q. Was Mr. Gregory examined their presence as a witness? A. No—he was sitting on the bench with the Magistrate, as he frequently is.
you saw the ostler take the bags off the shafts? A. Yes—what I said was taken down—I said Chilvers got on the wagon and took off a bag, and put it on the shafts, and the ostler took it to the stable—I said Davison took it off the shaft.
ABIA BOTFOY (police-constable K 140.) I was called, and took Davison—I asked if he took any corn or chaff from Mr. Wagstaffs carter—he said no, he did not—I asked if he had the key of the stable—he said no, he had not—after asking him three or four times he gave it up, and we vent into the stable and found this corn and chaff.
Cross-examined. Q. What o'clock was this? A. Four o'clock in the afternoon.
(Davison received a good character.)
CHILVERS— GUILTY . Aged 47.
Recommended to mercy by the prosecutor.— Confined Three Months.
DAVISON— GUILTY . Aged 22.— Confined One Year.
ELIZABETH WHITBY. I am in the service of Thomas Boyle, a haberdasher in St. John-street. On Thursday morning, the 12th of October, I a pair of shoes in Aylesbury-street—she had these boots in her hand—they belong to Mr. Thomas Boyle—I saw them in the window the same morning—I know the make of them.
JAMES MITCHELL (police-constable G 145.) I took the prisoner with the boots on her.
GUILTY . Aged 15.
FREDEERICK KING. I keep a haberdasher's shop in St. John-street. I saw the prisoner come in for a halfpenny ball of cotton—my little girl was serving her—she came in about six yards further—I got up to go to her, but she went off—I did not miss any thing till Mr. Boyle came there—I then missed these shoes—they are mine.
GUILTY. Aged 15.— Judgement Respited.
Fifth Jury, before Mr. Sergeant Arabin.
2315. MARY ANN PETERSON and ROSINA SWEENY were indicted for stealing, on the 26th of September, 1 shoe, value 1s.; 1 watch, value 4l.; 2 pieces of foreign silver coin called quarter dollars, value 2s.; 1 tin box, value 3d.; 32 sovereigns, and 1 £5 Bank note; the property of John Thompson.
JOHN THOMPSON . I am a seaman, and belong to the Charybdis. I was in Shadwell on Monday night, the 25th of September—I fell in with he prisoner Peterson at the Coach and Horses—I first met her about eight o'clock at night—I went home with her—I had a tin box in my inside jacket pocket—it contained thirty-two sovereigns and a £5 note—I received some money from Somerset-house, and from Daniel, the Jew, got four sovereigns and a £5 note—I was not drunk when I first met
the prisoner—I drank at a public-house—she was in company with me and I treated her—when I was at the Coach and Horses I took a sovereign out, and all my money was quite correct then—I put my tin box into my pocket—I had not buttoned my jacket when I went into the public-house—I am sure I had the money in the tin box—Peterson took me to Twine-court, into a house—I went to bed, and sent her out to fetch a pot of beer—she came to bed to me—she had her clothes off when she came—I left my jacket on the bed, and the tin box and money was in it—when I sent her out for beer she stopped a quarter of an hour, and while she was gone, Sweeny came in—Peterson came back, and then they kicked up a row then a man came in and Sweeny went away and left Peterson there—Peterson remained with me all night—I missed my sovereigns and tin box in the morning at daylight—Peterson was then lying alongside of me—I missed my watch and trowsers and one shoe—I asked Peterson where my things were gone—she said she did not know—I sent her to get a pair of trowsers, and a pair of shoes—I went to the police-officer—I believe the policeman went to the room and found two, pieces of coin which belonged to me.
Peterson, That man lost his money three hours and a half before I saw him.
TIMOTHY CASEY . I am a policeman. I went with Thompson on the Tuesday morning to Peterson's lodgings—he pointed out where it was—I found Peterson—I asked her did she know the prosecutor—she said yes—she first fell in with him the night before, at the Coach and Horses, when he treated her and another to a pint of ale, and changed a sovereign, and put the change into his pocket—that he went home with her, and she took out of his pocket 18s. 6d.—she gave me 7s. 6d.—I found these pieces of coin on the floor—I found the prosecutor's trowsers were gone, and went to Mr. Upsall's and found them there.
GEORGE WILLIAM GROVE . I am a policeman. I heard of this, and met Sweeny in the highway, drunk—I took her to the station, and asked if she had heard of the robbery—she said "Yes," but she knew nothing about it—I went out and brought in the prosecutor, who identified her to be one that was drinking in the public-house—I then went to Sweeny's room, and found one piece of coin on the table—I made inquiry, and found that Peterson had left two sovereigns in a publican's hands—I went and got them.
Sweeny. Q. Did you see me with any gold in my lap? A. Yes, you had, indeed.
Peterson's Defence. I went about my business, and went and had part of the ale, and found this young woman's door shut—I went into my own place in about a quarter of an hour, and saw the sovereigns near the wall—I picked them up, and went to the Shakspeare's Head, and asked the publican to save them for me—I then went home, and saw Sweeny's door open—I went in, and saw her with a quantity of money in her lap—I asked her how she came by it—she said she had a friend who was tipsy,
and had fallen down, and dropped all this money—I went out, and fell in with this man at half-past eleven o'clock—I went home, but he had no money then—when I picked up this money it was half-past eleven o'clock, and he lost his money at eight o'clock at night—he never had any money in my place.
Sweeny's Defence. This man came into my room, and asked if he could sit down, and he gave me half a crown—I went for half a pint of gin—I came home, he said, "I shall not stop long, I will give half a crown," he laid down, and then got up, and said he should go—he went up the court, and fell down—I went out, and there were some sovereigns—I picked up five—I gave this woman one, and another to a woman with me—next morning Mrs. Peterson came to me for some water to wash a man's hands, which she said were muddy—I went into her room, and this man was there—he said, "That is the woman I was with," and then I was taken.
PETERSON— GUILTY . Aged 38.
SWEENY— GUILTY . Aged 36.
Transported for Seven Years.
(See page 883.)
FRANCIS KEYS . I am an officer of Bow-street. I saw the prisoners together on the 19th of October, by Well-street—I suspected and watched them from street to street—Lilley went into several houses, and came out—they went on to Mrs. Brown's, in Upper Charlton-street—Lilley walked in without any bundle, and, in about five or seven minutes, he came out with this bundle under his arm—he walked down the street—the other stood opposite the prosecutor's door some time—when Lilley came out they went on, and turned a corner—I lost sight of them, and then they turned, and I caught sight of them again, and then Bushell had this bundle—I went up and seized them both—I sent a man back to the house, and he brought the prosecutrix down to the office—I tied the prisoners together, and Bushell said, "I wonder where he is"—I said, "Who do you mean?" he said, "The man that gave it us to hold. "
Lilley. Q. Was I in company with Bushell before I gave him the bundle? A. Yes.
GEORGE PARSONS . I was spoken to by Keys—I watched the prisoners, and saw Lilley go into Mrs. Brown's house, and Bushell was on the opposite side—when Lilley came out he had this bundle under his arm—Keys pursued and captured them in Cleveland-street.
Lilley's Defence. I was proceeding along Cleveland-street, and met this prisoner, with the bundle under his arm, which he said some man had given him to hold—I took my handkerchief out, and gave it him to wrap round it and then the officer took us.
LILLEY— GUILTY .* Aged 22.
BUSHELL— GUILTY .* Aged 21.
Transported for Seven Years.
THOMAS BLOSSETT . I am an officer. I was on duty on Covent-garden on the 14th of October at half-past eight o'clock at night, and saw the prisoner in Mr. Raines's shop—I patched him—he was getting a light, and Mr. Raines went to the end of the shop, the prisoner took two apples and then went on to Mr. Godwin's stand, and tried several baskets, and took one off a tier, put it on some baskets of damsons, then put it on his head, and walked off with it outside the market—I went and took him
(The prisoner received a good character.)
GUILTY. Aged 33.—Recommended to mercy by the Prosecutor. — Confined Six Weeks.
WILLIAM ADAMS . I am a policeman. On the 22nd of October I was in the Commercial-road, a little before six o'clock in the evening—I saw the prisoner driving three pigs—I asked whose they were—he an answered, "Mine"—I asked where he was going to take them—he said to Smithfield, to sell them, and he had brought them from Liverpool—I asked where he drove them from—he said ten miles, and had been sleeping on the ground with the pigs, because he had been robbed of 50l. the night before, by three men—I took him into custody—he said they were the remains of 100 he and another had brought up, and they had sold the rest on the road.
Prisoner. I said we had sold the whole 100, and I had bought three more. Witness. You said they were the remains of 100 you had brought up from Liverpool.
ROBERT TROTT . I live in Church-row, Limehouse, and keep pigs. I missed four on Monday morning, the 23rd of October—they were all secure on Sunday at one o'clock, in a yard at the Regent-basin—one came home at ten o'clock—my man found the other three in the Green-yard—I have since seen them—they are mine.
GUILTY . Aged 16.— Confined Six Months.
2319. JEREMIAH SULLIVAN was indicted for stealing, on the 20th of September, 1 bonnet, value 10s.; 2 candlesticks, value 2s.; 1 towel value 1s.; 4 brushes, value 2s.; 1 apron, value 1s.; 1 petticoat, value 1s.; 1 umbrella. value 1s.; 1 mustard-pot, value 6d.; 1 glass tumbler; value 6d.; 2 knives, value 6d.; and 1 hammer, value 1s.; the goods of Patrick Sheridan.
PATRICK SHERIDAN . I live in Newton-street, Holborn, and am a bellhanger. On the 11th of October I and my wife left my lodgings—I left my things in care of my son—the lid of the box was nailed down—I was absent about sixteen days—I then found the box open, and the things gone—I had lived next door to the prisoner for six or eight months.
do not know who took the property—one morning I went out and could not find the key—when I came to breakfast, he gave me the key—I did not know the box was broken till my father came home.
MARGARET COSGROVE . I keep a second-hand clothes shop. The prisoner came to me, and said, "Will you buy a bonnet?"—he told me it was his wife's—I bought it of him for 9d. till the morning, when he said he would come again for it—he came in the morning, and gave me 1s. for it, and said he would call in the afternoon to fetch it, but he never did.
THOMAS POCOCK . I am a policeman. I got the bonnet from Cosgrove—I brought the prisoner from the House of Correction—on the way to the station-house he acknowledged to the robbery—he said drink had brought him to it.
(Properly produced, and sworn to.)
GUILTY. Aged 33.—Recommended to mercy by the Prosecutor. — Confined Six Months.
SARAH STANCLIFFE . My husband's name is Joseph, we live in Sidney-place, Commercial-road. The prisoner was my servant for eleven months—she left me, and I missed this table-cloth and stockings—she had gone away, and left her box behind her—I told her sister, who came for them, to open her box, and in it I found the duplicate—I missed several table cloths—I went to the pawnbroker's and found one table-cloth, and the stockings were in her box.
Prisoner. She found the stockings—not in that box. Witness. I found them in one of her boxes, and the duplicate in the other.
ISABELLA BOYSTER . I took the table-cloth to pledge for the prisoner, on the 31st of October, to the bottom of Cock-hill—she told me to take it off the ironing-board, and I did—the money was given to the tallyman.
Prisoner's Defence. I did not know the stockings were in my box—there were some things put away nine months ago, and I did not know they were there—the table-cloth I did not give her—her mother gave it her—this was all done through my being seduced—it is a month to-day since I was confined.
GUILTY. Aged 20.—Recommended to mercy by the Jury. — Confined Three Months.
OLD COURT.—Saturday, October 28th, 1837.
Second Jury, before Mr. Sergeant Arabin.
2321. WILLIAM HARDIMAN was indicted for stealing, on the 1st of October, 1 watch, value 2d.; 1 chain, value 6d.; 2 keys, value 6d.; and 1 seal, value 2d.; the goods of James Turnbull, from his person.
JAMES TURNBULL . I am a fishmonger, and live in Pancras-street, Tottenham-court-road. The prisoner is a stranger—on the 1st of October, about half-past one o'clock in the morning, I was lying at the door, and lost my watch—I was intoxicated, and sleeping at the door—I awoke between three and four o'clock, and my watch was gone—I cannot say
whether the prisoner had touched me or not—I had felt my watch safe about twenty minutes after one o'clock.
Cross-examined by MR. PHILLIPS. Q. Drunk as you were, do you remember being spoken to in the street by a female? A. I was spoken to.
FRANCIS APPLEBEE . I am a shoemaker. I have known the prisoner about twelve years—he once lodged with me—he is a shoemaker—he brought me a watch and seals to borrow a few shillings on, and 1 lent him 10s. on it, on condition that he was to call the next week, and pay me and take it away—I afterwards delivered the watch to the constable—it was early in October, on a Tuesday or Wednesday.
Cross-examined. Q. I believe he turned round to his wife, and said, "What have you done?" A. No, he did not—he did turn round and speak to her—he said he would confess the truth—I told him not to say any I thing—I took the wife into custody as well.
NOT GUILTY .
2322. MARK LAURENCE and THOMAS TURNER were indicted for stealing, on the 4th of October, 1/2 a bushel of oats and chaff mixed together, value 1s. 6d., the goods of John Soulsby and another, the masters of the said Mark Laurence.
JOHN HAWKINS . I am a policeman. On the 4th of October was on duty in Lincoln's Inn-fields, and saw a coal-wagon at the entrance of Duke-street, laden with coals—I had suspicion, and watched, and saw the prisoner Laurence in charge of the wagon—the boy Turner was holding a sack open at the mouth, and Laurence was emptying three nose bags into it—there were three horses to the wagon—Laurence turned his horses round, and went on his journey—I took notice of him and of the name on the wagon—I followed Turner to some stables in Bear-yard, Lincoln's Inn-fields—he took a key from his pocket, opened the stable door, and went in—I went up to him and asked whose stable it was—he said, "Mr. Smith's, of Sheffield-street, Clare-market—I asked what he had in the bag—he said, Some food for the horses"—I asked where he got it—he made no answer—I asked him who sent him for it—he did not answer—there was a horse in the stable—I took him into custody, and afterwards went to Mr. Soulsby, whose name was on the wagon—he sent a man with me to Boswell-court, and I took Laurence.
WILLIAM SMITH . I am assistant horsekeeper to Messrs. Soulsby, coalmerchants. Laurence was in their service as carman—he was sent out to take some coals, and I filled some nose-bags for his horses—they contained half a bushel of oats and chaff mixed—I saw the wagon leave the stable door, and the nose-bags were on the wagon—my mate drove it up the hill—I did not see the prisoner—Laurence drove the wagon with the coals.
Cross-examined by MR. CLARKSON. Q. How long has Laurence been in your employ? A. Upwards of twelve years—he bore the character of a faithful, honest man.
LAURENCE— GUILTY . Aged 37.— Confined Three Months.
TURNER— NOT GUILTY .
Before Mr. Justice Bosanquet.
MR. CHAMBERS conducted the Prosecution.
ROBERT BURROWS . I am in the Coldstream Guards. The prisoner belonged to the same regiment and the same company, but I had very little to do with him—on the 11th of October he was discharged from the Coldstream Guards—I was aware he was discharged that day—on the evening of that day I went with him to the Three Horse Shoes, at Hampstead, in company with a man named Burkhill, who had also been discharged, and his brother, Richard Smith—there were two more soldiers when we rot to the public-house, and the deceased, James Chaplin, was sitting with them—in the course of the evening the prisoner went and fetched half a gallon of beer, and gave it away to some people in the house, while the reckoning was going on—when the reckoning was called for, there was a dispute about paying it—Burkhill got up, and said, "I shall be half a crown, George Smith, what will you be?"—the prisoner said, I shall be nothing it all—in consequence of that there was a dispute and a fight between the prisoner and me—in the scuffle I fell down by the fire-place on my knees, and Chaplin jumped over the table, and struck the prisoner—Burkhill got up, and got hold of Chaplin and pulled him on the settle, and parted them—we sat down together after that, all of us, and were drinking again comfortably—the Smiths staid there about ten minutes or a quarter of an hour—I heard no further dispute between the prisoner and Chaplin before they left—in about a quarter of an hour George Smith got up and went out, and the other one followed him—I staid a good while myself—think Chaplin remained there a quarter of an hour after, as near at I can tell—I consider the prisoner was very much advanced in liquor, more so than the other, but I cannot say he was drunk—when I went out of the house, Chaplin was not so bad in liquor as the others.
Cross-examined by MR. ADOLPHUS. Q. You were in the Guards at this time, and are so still? A. Yes—I had been in Chaplin's company three or four times previous to that—I came from a few miles of the same place as him—I cannot say whether he was considered a strong man—I never heard of it—I have heard he was a man who could take his own part, and such like—the prisoner had not given him any provocation at the time he interfered—he did not return the blow Chaplin gave.
Q. You sat down and were comfortable afterwards—did not the landlord take Chaplin out of the room and keep him out some time? A. I cannot say—I was talking to Burkhill—Chaplin stopped in the room some time—I did not see the landlord take him out—I do not think I was the worse for liquor at that time—the prisoner was advanced in liquor, and perhaps, when he got out, the air might take effect on him—he had too much to be able to protect himself—when he was struck by the deceased he stood against the fire-place and never returned the blow—I did not see him drink more afterwards—the prisoner sat down on another seat away from us, and Richard South sat on the table—whether they drank more I cannot say—Chaplin had been drinking—I cannot say whether he was sober—he was not a soldier—he was a shoemaker, as he told me.
WILLIAM STRINGER . I was at the Three Horse Shoes on the 11th of October and saw Smith, the prisoner, and Chaplin there, with other persons—there were six altogether with red jackets—the soldiers were the worse
for liquor—Chaplin I considered the best of the whole—I did not notice any dispute at all till the prisoner called Burrows a lobster, and blows directly ensued—I saw Chaplin jump over the table and begin to strike the prisoner right and left—he knocked him down on the fender, and I believe cut his lip—the landlord instantly came in and took Chaplin away—Chaplin got re-admitted again some time after, and the prisoner, and I believe his brother, went home to save any further noise—as soon as they were gone Chaplin attempted to go after them, and was prevented from doing so directly by a man named Simpson holding his coat—he kept him some time in that way, and when he thought they were gone far enough he let go of his hold—directly he felt himself loose he jumped over the table with all the activity imaginable, and went out of the house—as he went out of the house he said if he caught them he would serve the b----b----out—before the prisoner and his brother left the house, I noticed that the prisoner had no side-arms—his brother had his belt and bayonet
Cross-examined by MR. BODKIN. Q. Did you know Chaplin before this? A. I have seen him—I have heard he was a man that could fight—he boasted of his powers in that way—he appeared quite collected to do any thing—I should imagine the prisoner was the most drunk of the whole he had not given Chaplin any provocation, to my knowledge, before Chiplin jumped over the table while he was fighting with Burrows, and knocked him down—it was because he acted in that way that the landlord came in and took him out of the room—I should think Burrows would have seen the landlord come in and drag him out—he was what they call about three parts drunk—I should think he was out ten minutes before he was allowed to come in again—he was re-admitted on his promise to be quiet and not to conduct himself in that way—the prisoner and his brother said they would go home, to get out of the noise—the deceased wanted to jump over the table directly they went, but was prevented—he was in the room behind the table when they said they should go home to avoid further noise—I should think Simpson held him about ten minutes—he said he would serve them out—Chaplin lived in Minerva-place, Hampstead, at this time—that is higher up towards the Heath than the Horse Shoes, where we were—I know Church-lane—that is nearer to London than the Horse Shoes—Church-lane would lead to a foot path which crosses the fields to St. John's wood, where the barracks are—that would have been the nearest way for the two men to have gone to the barracks—when you get to the end of the lane there is a turning to go across the fields to a place called Field-place, where there is a bar—going on in a straight line with Church-lane there is a mews which has no thoroughfare—the mews is not enclosed with gates.
Q. Supposing a person to be going along Church-lane, and from intoxication or any thing to miss the footpath, they would get into the mews which is no thoroughfare? A. Yes—it is no thoroughfare—there are folding gates to the mews, but they are very seldom closed—there is a public-house called the King William, at the corner of Church-lane, in the high road—if Chaplin were going home he would have nothing to do with Church-lane or that neighbourhood—quite the contrary.
ROBERT WARE . I keep the Three Horse Shoes, at Hampstead. I interfered when there was a disturbance between Chaplin and the prisoner I saw Chaplin in the act of striking somebody—I did not see who it was—the door being open I ran into the tap-room, caught Chaplin by the arms and brought him out—I detained him in the bar from five to ten minutes—he promised he would not make any disturbance, and I let him
return to the tap-room—at that time he was sober—no further disturbance occurred in the house after that.
STEPHEN WALKER . I was at the Three Horse Shoes, when Chaplin, the prisoner, and some other soldiers were there—I saw Chaplin jump over the table and strike the prisoner—the prisoner had not said a word to him before that—after Chaplin struck him the landlord came in, took him by the shoulders and forced him out—he returned to the room in about five minutes—I did not take particular notice of the time—the Smiths had not left before he returned—there was no dispute with them after that, before they left—on Chaplin's returning into the room, Burton said to him, "Don't you act so cowardly any more—that was while the Smiths were there—Chaplin said, "Do you want any thing? if you do you shall soon hare it; there is ne'er a b----man in this room that I have seen that I care for"—shortly after that I left the house—I live at No. 2, Church-lane—I went directly home from the house—some short time after being at home, I heard a noise outside of men talking—I do not think I had been at home a quarter of an hour then—I went to the door—there are two No. 2's in the line—the numbers begin very near the centre, on the right-hand side—I went to my door and saw two soldiers—it was the prisoner and his brother—I thought they meant to go across the fields—that was their way home—it was a beautiful moonlight night—I stood at my door, and saw them going directly down the mews—I saw them go through the gates—I thought they had missed their way, and had a great mind to go after them, but I went in doors—they might easily miss their way—two or three minutes after I bad gone into my house I heard a noise, and when I came to the door I heard a bayonet fall on the ground—that was about thirty yards off, rather inclined to the left from the bar which goes across the field—it appeared in the Field-place—that is not a field, but leads to the Held—it is through the bar—I then went into the lane, and heard the witness Croft hallooing out, "Police, police, a man is stabbed"—I had not heard Chaplin's voice before that, to my knowledge—I had heard a man cry out, Come back and pay your reckoning—I cannot say whether it was Chaplin's voice, as I had never seen either of the parties before that day—after hearing Croft crying out "Police" I found Chaplin with his head towards the gate, lying on the ground in the lane—I found it to be Chaplin afterward—he was on this side of the bar in Church-lane—his head lay within a yard of the bar, towards the gate, and his feet towards the lane—I went to him and found he was wounded—I went with him and others to Mr. Lord, a surgeon—I carried his hat—it was picked up by a young woman and given to me, about fifteen or twenty yards from where he was picked up.
Cross-examined by MR. ADOLPHUS. Q. Chaplin was lying close to the gate? A. Yes—the noise I first heard was twenty or thirty yards further up the lane, where I heard the bayonet fall—the prisoner was the most drunk of the whole at the public-house, and I consider Chaplin was the soberest of the whole—he did not appear to be in heat or anger when he used the expressions I have mentioned—I did not hear him say he would follow the fellow—I was gone then.
Q. When he said there was ne'er a b----man in the room that he card for, was that in your judgment calculated and intended to provoke a fresh quarrel? A. I do not know—I did think it was, if any body had been inclined to take it up, to produce a quarrel—I never
saw any of the parties before that night—Chaplin was a very great filter I understood.
JOHN CROFT . I live at No. 6, Church-lane, Hampstead. I was at home between nine and ten o'clock in the evening of the 11th of October—I heard a confusion in the lane, and immediately ran out—I think was about half-past nine o'clock—on running out, I heard still more confusion towards the Field-place, and voices, but no particular words—that induced me to run towards the bar—I was within a yard of the bar when I heard a blot like the blow of a fist—that was within the bar, a considerable way—in the Field-place—that is out of Church-lane, in a road which leads up to a gentleman's house—they were like the blows of a man's fist—after the blows I heard an expression, "Take that," and in half a minute, to the best of my judgment, the same voice, I believe, said, "He has stabbed me"—I still kept my standing, and in a moment, as it were, I saw the wounded man run towards me—I afterwards discovered it to be Chaplin—he said, "I am stabbed, I am stabbed, I am stabbed," and kept running towards me from the Field-place to the bar into the lane—at the time he was running towards me, I just caught sight of two persons, running the contrary way—they were not near enough for me to distinguish their dresses—I saw Chaplin fall—he came within a yard of me, and I kept my standing—he turned round the bar, came on the outside of the bar, and fell—I called for the assistance of the police, and assisted in pursuing the two persons—I went directly across the fields, after going 150 yards first for the policeman—I immediately ran back, the policeman following me, and went down to the fields to the bottom of what is called Conduit-place, and then I saw a scuffle between several persons, and found two soldiers scuffling—one of them turned out to be the prisoner—I saw Bowes take a bayonet from the prisoner's hand—I did not see any belt on him—Bowes and another man were struggling with the bayonet, and Bowes wrenched it from his hand while I had my hand on his shoulder—the prisoner appeared very tipsy.
Cross-examined by MR. BODKIN. Q. Where about in Church-lane is your house? A. About twenty-five yards from the bar—it is nearer to the corner than Walker's—there are only houses on one side of the way—I did not hear the bayonet fall—when I went across the fields in pursuit, I found a man named Miller there—I cannot say how soon he was there before me—I went to call the police, and when I got there, there was Bowes, Miller, and another man—I had left to call the police before I joined in the pursuit.
JOSEPH BOWES . I live at No. 6, Church-lane, Hampstead, in the same house as the last witness. I was at home about a quarter before ten o'clock on Wednesday night, the 11th of October, and a noise which I heard in Church-lane induced me to go out—I knew James Chaplin—I found him in the lane, in the manner described, lying near the bar, wounded—Charles Hayes was standing over him—in consequence of what he told me I went across the fields, and between two and three hundred yards from the bar I overtook the prisoner and his brother in the way to St. John's-wood—they both turned round on me, and at the same instant the prisoner thrust a bayonet at me—he flourished the bayonet over his head, and swore he would be d----if he would be taken by any man, for he had not done any thing—I called for assistance, and they ran away—I overtook them again about fifty yards off, going through the gate towards the field, and the prisoner attacked me as before with the bayonet—a young man of the name of Manning came up and said to me, "Let us follow them to the barracks,"
and we followed them again—they walked about six yards into the field, and then started off running—we pursued immediately—I tripped the prisoner up, he fell directly, and I succeeded in taking the bayonet from him—some policemen then came up, and took him into custody—the brother was also taken—I did not notice my coat then, but next day, when I went to put it on, I noticed a hole just below the button-hole—I do not know how it was done—it was through the coat, and I noticed blood on my coat.
Cross-examine, Q. The blood did not proceed from you? A. No—I was not wounded—I judge it proceeded from the prisoner, as he was bleeding at the nose when he was taken—in wrenching the bayonet from him I cut my finger a little, but not sufficiently to stain my coat—that was while I was getting the bayonet—I did not at that time see that the pri loner was wounded in the hand—I did afterwards—I am a labourer—I get my living by any jobs I can get hold of—portering, or any thing of that sort—I get a job wherever lean—I am not in constant employ—I have been oat of constant employ better than two years—I was between four and five years in the police—I was turned away—it was not for drunken ness—it was for going into a public-house while I was on duty—I men boned to the Coroner about the hole in my coat, and the blood on it—it was part of my deposition—I am sure I mentioned it—I believe my deposition was taken down in writing—I do not recollect whether I signed it, or whether it was read over to me—I was only one day before the Coroner—the inquest did not last more than one day—I have applied to be admilted into the police again—I was not recommended by the Coroner—I did not ask him to recommend me—I never thought about it—I had a paper I drawn up, but I never thought of it—it was given to me by a gentleman, who had thought of it—I do not know his name, but I know him by sight—I have not got the paper—I gave it to the gentleman again directly.
Q. Was it something like this: "This is to certify that Joseph Bowes appeared on the inquest of James Chaplin, who was murdered by George Smith a soldier, by stabbing him in the body with a bayonet, and gave evidence in a praiseworthy manner, and acted with great courage, having been stabbed, or stabbed at, while endeavouring to apprehend him," &c. A. I believe that was it—I did not go to the Coroner with that in my pocket—I gave it to the gentleman who wrote it out before I gave my evidence—the gentleman said he would give it to the clerk or Coroner himself—I knew the gentleman by sight, and he knew me a long time—it was his wish to get me into employ if it laid in his power, and he thought it would be the means of getting me into the police again—he lives in Somers-town, or Camden-town, I do not know which—I do not know the street—I knew the gentleman by being with a friend of mine who he frequented very often—in fact, the gentleman is an attorney himself, and an acquaintance of mine who had had a little trouble about a house, employed him, and knowing me he did this for me—my friend's name is Hayes—it is not the witness who is here—he did not get the attorney to write it for me—he wrote it voluntarily—I was there when it was written—it was written in Camden-town at Hayes's house—he lived at No. 80, High-street, Camden-town then, but has moved to Somers'-town—I think it is No. 46, Charles-street—he is a watch maker—I had not the paper in my possession when I gave evidence before we Coroner—the gentleman took it from me, and said he would give it himself to the clerk or Coroner—he took it from me in the passage of the place where I was examined—I had shown it to the Inspector—I do not
know the attorney's name—he came as a great many more, to hear, at the North London Hospital.
Q. Did you try to get up a subscription for yourself on account of this in Hampstead? A. Yes; that was through some respectable people in Hampstead wishing me to do it—it was for my bravery on this occasion, but it did not succeed—I could not pluck up my spirits to go—I did not want to get a half-penny by it—I cannot rightly say what I did get—I do not think I got 10s., not by going after it myself.
CHARLES HAYES . I am groom to Mr. Longman, of Hampstead, On Wednesday night, the 11th of October, about ten o'clock, I was in the mews, in Church-lane, and James Chaplin came down the mews to inquire for a man who helps me in the stable, but the man was not there—I wished him to go to the man's lodging in Golding-square, Hampstead—I know the Field-place in Church-lane—it was not necessary for Chaplin to cross the Field-place to go to Golding-square—he appeared to be sober—a few minutes after he left me I heard a noise in the lane—I heard a scuffle and a voice or two, but could not distinguish one word—I went to the top of the mews, and met Chaplin coming out, just by the Field-place, calling out that he was stabbed, that was before he fell—at the same time I heard the steps of men running away—I cannot say who they were—I could see two persons between the trees, making towards the Conduit field—about two minutes before Chaplin came down the mews to ask me about the man—I had seen two soldiers—they were in the mews—they were going down to the bottom of the mews, and I called to them, and told them there was no thoroughfare that way—they turned back again, and both spoke to me, and thanked me for my kindness, and asked me to direct them to St. John's-wood—I told them, and they went out at the top of the mews, and turned the proper way—during the time they were in the mews Chaplin came down—it was before they got out—I did not know either of them—I should be very sorry to say I knew either of them—I assisted in taking Chaplin to Mr. Lord, the surgeon—I stripped him in Mr. Lord's presence, and saw the wound—I saw Chaplin's trowsers also, and there was a mark on them—I undid them, and saw the wound—it was just at the lower part of the belly, on the right-hand side.
Cross-examined by MR. BODKIN. Q. How far up the mews were you standing? A. About eighteen or twenty yards—I do not think it was as much as forty yards—I should judge it about twenty yards, or twenty-five, from the top of the mews to the lane—there is a small place, where a man sells green grocery, between where I stood and Field-place, and there is a cow-house—I should not have the opportunity, standing where I was, of hearing what took place in Field-place—the soldiers thanked me for my kindness in directing them—they did not appear in the slightest bad temper—I thought very different of them—one of them appeared to be very tipsy, and the other was rendering him such assistance as he could to get on—he appeared to me to walk firm and well—the other was wishing the prisoner to get home as soon as possible, and not delay time—the prisoner had hold of the other's arm, and they walked away out of the mews—Chaplin must have seen them when he came up the mews to speak to me, and must have seen which way they took—the man John, whom he asked about, is a man who comes from the same neighbourhood as he did—a friend of his—his correct name is Benjamin Stebbing, but he asked for John—I do not know whether John is a good hand at fighting—he did not
tell me what he wanted him for—he said nothing about intending to follow the soldiers and thrash them—he did not tell me he wanted John to go and help him.
ANN HICKS . My husband and I live at No. 10, Church-lane, Hampstead. About half-past nine o'clock on the night of the 11th of October I heard a noise in the lane—I went to my window and heard the deceased man call to somebody—I saw him—I had not seen any one else before I saw him—I cannot remember what I heard him say—I saw him on this side of the bar, nearest to my own house—he was standing still—I contioned to look at him, and he stood for some minutes—he was talking all the time—the soldiers were talking to him, I suppose, but I did not see the soldiers—I heard Chaplin talking to somebody across the bar—I could tell by their voices, that there were two persons—I heard a person sound a bayonet against the fence, saying, "If you come here I will do for you"—it is a wooden fence, on the right-hand side coming from the field, in the lane beyond the bar—I cannot say who it was said that, but it was a man's voice—I did not see the person who used the expression—after that expression was used they still continued talking for about a minute—Chaplin was still standing where he was—I heard the bayonet sounded again against the fence—I did not notice the words that were used, but the young man, Henry Hartley, came out of his house at the second sound of the bayonet—on his coming out I saw Chaplin get under the rail, and shortly after lost sight of him—I then heard Chaplin say he would fight them both—I saw several persons before I heard that, but who they Were I do not know—they were standing on this side of the rails—after heating Chaplin say this I heard nothing more till I heard him say, "I am stabbed; he said he would do it"—I had heard a scuffle before that, but I cannot tell more—I ran down stairs and found Chaplin lying on the ground.
Cross-examined by MR. ADOLPHUS. Q. Who was present? A. I cannot say—several persons were present—Henry Hartley was there, but I lost sight of him—I did not see any of the witnesses there—I did not know any of them—I did not go with the man to the surgeon—when he was carried away I went up stairs—I mentioned this the same evening—I did not mention it to anybody till I told Aggs, the inspector—I was not examined before the Coroner—I was not examined till Thursday before the Grand Jury—I did not mention it to any body but Aggs—he desired me to come here on Thursday—he did not desire me to go before the Coroner—my statement was taken at the Rose public-house, Old Bailey—I do not know' who by—it was on Thursday last—never before—Mr. Aggs took me there—I knew of the people about my place going before the Coroner, but I did not go and was not desired to go—I am quite sure I did not tell any body but Mr. Aggs of this.
Q. You say you heard the noise of a bayonet, can you tell the noise of a bayonet from any thing else striking against wood? A. No—it was the sound of steel—I know the sound of a sword—I did not know the deceased—nor either of the soldiers—I do not know Bowes—I never spoke to him in my life before last Thursday, at the Rose—I do not know that 1 ever saw him before, to my knowledge—my husband drives a coach, and betimes a chaise for his mother—one of those cabs on the heath—I have wed at Hampstead two years.
MR. CHAMBERS. Q. You have said you never told anybody except Aggs, till Thursday—were you then examined by a gentleman at the
Rose? A. Yes—he wrote down what I had to say—I do not know whether he was the attorney's clerk.
WILLIAM SIMMONDS . I am a police-constable. I was on duty at Hampstead on the night of the 11th of October—in consequence of information, I went to the place where the deceased was lying—I afterwards went in pursuit of two persons who turned out to be soldiers—on coming up I found the prisoner with Bowes, in the fields—the prisoner was lying down—Bowes was not doing any thing that I could see—the prisoner was very drunk—there was another soldier lower down in the field—Simms took the prisoner into custody—I left him with Simms, and went down after tie other soldier—I did not see Bowes take the bayonet away—Aggs hot it—I took Richard Smith, and they were both taken to the station-house.
WILLIAM AGGS . I am an Inspector of the S division of police. I was on duty at the station-house when the prisoner and Richard Smith were brought therein custody—Richard had a belt and bayonet-scabbard on but the prisoner had no belt, nor any side-arms at all—they were both drunk—the prisoner much more so than his brother—I said to the prisoner, "Where are your side-arms?"—he said, I am discharged—I have been discharged to-day"—Bowes was in the room at the time, and about that time he produced the bayonet, and handed it to me—I examined it and observed there were marks of blood on it, and other marks, as if it, had gone through hands in the struggle, the perspiration of bands being on it—the marks of blood might be made by it being suddenly drawn through the hand, and cutting the hand—I produce the bayonet, and have had it ever since—I desired Richard Smith to take his side-arms off, which he did—he had his belt on with the scabbard, without the bayonet—this is the belt and scabbard, and this is the bayonet—(producing them)—Richard Smith said it was his bayonet—I observed the prisoner's face and saw blood on it, but whether it came from the mouth or nose I could not say—it was on the left side of his face, between the nose and mouth—I afterwards went to Mr. Lord's surgery, and found James Chaplin lying on the floor—I ordered that he should be removed to the University College Hospital—next day I took the prisoner and Richard Smith to the hospital, and found Chaplin there—there were the house-surgeon and two or three other persons in the room—the moment he sat the prisoner enter the room, he said, "That is the man"—this appeared to be addressed to the house-surgeon, and I asked the house-surgeon, "What did he say, Sir?"—all this was loud enough for the prisoner to bear—the prisoner had then sat himself down on a chair in the room—I was standing by the deceased's bedside, and so was the surgeon—that was about two, or hardly three yards from the prisoner—it was a very small room—there was but one bed in the ward—I do not think the prisoner had sat down at the time the remark was made—but he was sitting down when I spoke to the house-surgeon—in my opinion, he was not more than three yards from the deceased at the time he made the remark—he was in the room and in sight of the deceased—he was near enough to hear what the deceased said—I asked the surgeon what he had said—I had heard what he said—the surgeon said, "He said that is the man"—at the same time the deceased motioned with his head towards the prisoner—he motioned when he used the words first, not when the surgeon spoke—I stated what
I had brought him there for—when Mr. Watts told me what he understood I the deceased to say, I said to the deceased, "What did you say?" and he repeated the words, "That is the man," motioning towards the prisoner—the prisoner did not say a word during the whole time—Chaplin appeared to be in a state of great exhaustion, but perfectly sensible—he repeated "That is the man," I said, "Well, what of him?"—he replied, "That is the man that stabbed me"—I then told him I was not going to ask him any questions, but I had been sent by the Magistrates with the two prisoners, in order that he might point out which was one and the other, in order that he might identify which of them it was, if either of them, when the Magistrate came to take his deposition—that most likely the Magistrate would be there by and by, to ask him some questions—I did not say to take his deposition—I then said, "Now this is George," pointing to George; "and this is Richard; when the Magistrate comes, you will recollect which is which"—he again motioned with hit head towards George, and said, "That is the man that stabbed me"—I then took the prisoners away, and sent them to Clerkenwell—he repeated the words again, I believe—I know he repeated the word "stab" two or three times, but I said nothing further to him, seeing he was in such a weak state—I afterwards met Mr. Gregorie, at the hospital, and we had an interview with the deceased—the prisoner was not there—the deceased said several times that he thought he should get better, in consequence of which Mr. Gregorie did not take his deposition, although the chief clerk attended for that purpose.
Cross-examined by MR. BODKIN. Q. Do you know why the woman Hicks did not go before the Coroner?. A. I do not—she had not made any statement to me before the inquest was held—the affair occurred on the Wednesday, and the inquest was on the Monday following—I never saw Mrs. Hicks till last Wednesday afternoon.
COURT. Q. Did you know her before? A. Not to my knowledge—I may have seen her—I saw her on Wednesday at her own house, and in consequence of a communication she made to me I desired her to attend on the Thursday.
MR. CHAMBERS. Q. I believe you took her to the solicitor for the prosecution? A. Yes; and he or his clerk wrote down what she said.
MATTHEW HAMILTON . I am porter at the London University hospital. I was not there at the time the deceased was brought in—I saw him on the following morning—I was there when Aggs took the two soldiers there and showed them to him—he died on Thursday, the 12th, at a quarter to eleven o'clock at night.
EDWARD TAYLOR . I am house surgeon at the London University. I saw the deceased very soon after he was brought in, about ten minutes past twelve o'clock—Mr. Listens, house surgeon, had I believe seen him before—I found he had a wound in the lower part of the right side of the belly—it appeared to have been inflicted with a sharp instrument—it was such a wound as might be inflicted with a bayonet—he died about a quarter to eleven o'clock on Thursday night—I was in his room when he died—the wound in the belly was the cause of his death.
Cross-examined by MR. ADOLPHUS. Q. Did any other surgeon besides you see the deceased? A. Yes; Mr. Samuel Cooper, and Mr. Quain—I do not know whether Mr. Lord or any other surgeons saw him—there was no external bleeding—the wound was just above the groin, and passed through the pelvis.
Q. Then blood found on the prisoner or the deceased could not proceed
from that wound? A. There might be small bleeding, but I should imagine no considerable effusion.
MR. ADOLPHUS called the following witnesses for the Defence.
RICHARD SMITH . I am the prisoner's brother. I was with him at the Horse-shoes public house, at Hampstead, on the night this happened—my brother was discharged that day from the regiment—he had been just before that in the hospital for ill health, and he was still in a weak stated of health, when he went with me to Hampstead—he was a cripple then.
Q. We have heard what took place in the public-house—when you went from the public-house with your brother, where did you go? A. We went down a little street, called the mews, where there is no thoroughfare—after leaving the Horse-shoes, we went into another public-house, and had sixpenny worth of gin—I believe it is called the King William—it is at the corner of Church-lane—my brother was rather in liquor—after leaving the King William we went in a direction leading to the barracks, bat missed the path, and got into the mews—we there made inquiry, about our road, and it was pointed out to us by two men—in consequence of what they told us, we turned out of the mews, and went to the bar—I did not notice Chaplin then—we were about twenty yards down the lane, turning to the right, when I first saw him—that is through the bar—we had got about twenty yards through the bar, when I heard somebody say some thing, but did not take notice of it, and Chaplin came up—I had my brother by the arm at the time, leading him along—Chaplin struck me on the back part of the head, which caused me to fall down on the ground—he did not say any thing when he struck me—I had my bayonet with me at the time—it is No. 460—this is it (looking at the one produced)—the scabbard was broken before that—this is the sheath originally belonging to it—it is loose—when I fell down, my bayonet fell out of the scabbard—it fell on the stones, and made a ringing noise—it might be heard a hundred yards off, I dare say—it is a hard gravel path there—there is also a wooden fence, and a swing gate—Chaplin picked my bayonet up—my brother had gone on about twenty yards then—when Chaplin picked up the bayonet, he followed after my brother—I did not see him do or try to do any thing to my brother with the bayonet—my brother cried out, "Don't kill me, don't kill me"—I had not heard Chaplin say any thing before that, but he went after my brother with the bayonet in his hand—there was then a great struggle with them, and very shortly after, I heard Chaplin cry out, I am stabbed, I am stabbed—I got up then, and Chaplin came running towards me and said he was stabbed—an alarm was then given, and people collected shortly after, and me and my brother made the best of our way off—my time was short—I had to get to my quarters or I should be reported—I was some way before my brother, when Bowes overtook him—I did not observe what passed between them.
MR. CHAMBERS. Q. Have you a bayonet now in your belt? A. Yes—I fell to the ground when Chaplin struck me, and the bayonet fell some distance from me—I cannot exactly say how far—it was very loose in the socket—it fell two or three yards from me, I dare say—it flew forward two or three yards—I was not assisting my brother when I was struck by Chaplin—I had hold of his arm—when I fell, my brother had got forward about twenty yards before me—he did not attempt to lift me up—I was still on the ground when Chaplin took up the bayonet—it quite stunned me, being struck on the back of the head—I could not get up—I was Chaplin did not full with me—he picked up the bayonet just after I fell—as quick as it fell out he had it almost—I cannot say whether my brother
timed round, as it was dark—I did not hear my brother say any thing but "Don't kill me"—I heard Chaplin say, after a bit of a scuffle, "Oh, I am stabbed, I am stabbed"—that was all I heard till Chaplin came towards me after I got up, when I went towards him—I ran after this took place, because my time was short, and I knew I should be reported—that was my only reason for running.
Q. On finding a man stabbed, were you not inclined to assist him? A. No—I did not know he was stabbed to hurt at all, or whether he was making a false alarm—Chaplin had not the bayonet in his hand when he came back—my brother had it—my brother and I ran together—we did not run at first—we walked as fast as we could, but we received several blows from a man who followed us—there was a struggle between me and a man, and that was the cause that made me run, because he struck me—I did not tell my brother he had stabbed a man—I did not say any thing about it at all—I asked him if it was true what the man had said—he said he did not know he was stabbed—he said the man cried out that he was stabbed—I never asked him at all—he said he did not know the man was stabbed—that was when we were going along together—he said he took the bayonet from the man, as he had stabbed at him, two or three times—he said that while we were walking away at first, not when we were running, and he said, if it was done, if he stabbed him, it was in taking the bayonet from him, and he did not know any thing of it, it must have been in the struggle, he did not know it was done—we did not run away after the man said he was stabbed—we walked away first—I walked until this man overtook me—I believe there was somebody with him—there was somebody came shortly after—I do not think there was any body with him, but it was dark—being overtaken by him and struck I ran—my reason for running was, I wanted to get home to my barracks—the persons came and took us, and we went back with the policeman directly—I was some distance before my brother at the time he was taken—I cannot say whether he continued to keep the bayonet in his hand—no persons came to the bar when the man said he was stabbed, before I went into the field—I did not hear the police called for—Chaplin went towards his home, and we went towards ours.
MR. BODKIN. Q. Did you believe the man to be at all hurt when he passed by you? A. No—he was walking as if he was not hurt, as if he was coming to strike me again—my brother was before me when I walked away—it was immediately after that he said, if the man was stabbed it must have been in struggling for the bayonet, and he did not know it—that was before any body came in pursuit of us—he said then that the man had stabbed at him two or three times—he showed me a bayonet wound in his hand, and it is in his hand now—I do not know the name of the second man, who came up shortly after the first one—I was ahead of my brother then, and when the mob took us in the field—I was about twenty yards before my brother when he was taken—I was not with him when they first came up—I was just before him all the way along—I am still in the regiment, and have been so about fifteen months.
THOMAS STOUT . I keep the William the Fourth at Hampstead, at the corner of Church-lane, in the London-road. I remember Richard Smith and the prisoner coming to my house on the night this happened—they had some liquor there—I did not notice in what direction they went when they left me—the prisoner was very tipsy—they left my house very Peaceably indeed—the prisoner nearly fell down in the house, but his
brother kept him up, and he wanted more liquor, which I would not let him have.
MR. CHAMBERS. Q. Who called for more liquor? A. The prisoner—not Richard.
WILLIAM MULLEN . I was in the mews at the end of Church-lane on the night this happened—I had been talking to Hayes, the groom, who has been examined—I saw the soldiers come up and inquire their way, and saw them go the way they were directed, and heard them thank Hayes for telling them the way—I saw Chaplin come down the mews towards where Hayes was—he must have seen the two soldiers going out of the mews—they went up to go to St. John's-wood, through the bar—I did not see the deceased follow them—I did not notice his going, but the soldiers had not been gone above two minutes when we heard a noise, and Hayes said, "There is something of a row, a fight"—Chaplin went in the direction the soldiers had gone—I did not notice whether he turned to the bar or not—I am certain no longer than two minutes elapsed after the soldiers left before I heard the noise—I went up on hearing the noise—when we came up to the top, Chaplin came meeting us, and said, "I am stabbed, I am stabbed"—I had got to the top of the mews then, close to the bar—he was coming down Field's-place, saying, "I am stabbed"—I then went in pursuit of the persons—the witness Bowes went with me—he went on first—I should say he was a dozen yards before me—I was there the whole time that Bowes was, till the men were secured and brought into custody.
Q. Did you hear either of the prisoners threaten to kill Bowes, or did you see either of them flourish a bayonet, or any thing of the kind? A. I did not—I only heard the prisoner say he had done nothing—he had not the bayonet in his hand—I did not notice it—Bowes said he had got it, but I never saw it till I got to the station-house—I noticed the prisoner's face when I got to the station-house—it was very bloody, and his clothes were all bloody, and his hand—I noticed his hand particularly at Marylebone-office next day, and it seemed to be cut in a shocking manner in the palm.
MR. CHAMBERS. Q. Were you and Bowes the first two that went in pursuit? A. 1 cannot say that—a young man named Hartly went with me, and when we got up to these men we both fell down together,—a young man named Manning went with us—Bowes was not before me—I was before him—I got hold of the prisoner, and we fell down together—at that time Bowes came up, and tripped him up a second time, and I fell down with him again—he had got up and went a little distance further—he ran a little, but could not very well, as he was so tipsy—he ran a very little distance, and when Bowes came up, he fell on him and wrenched the bayonet from his hand, and said he had got the bayonet—Bowes was along with the other soldier—I think I first saw Bowes in the field-lane—we all ran together from the field-lane—the other soldier, who Bowes was with, was behind, I think, but in the scuffle with this man I did not notice the other—Bowes, I, and the prisoner were all down together—I think Bowes had been with the other before, while I was along with the prisoner, and then he came up, but being engaged with this man I did not notice—I did not see the bayonet at all—the soldiers were running.
MR. BODKIN. Q. How far had they got down the field when you saw them? A. I think not quite half way before I got to the Conduit—that was some distance from Field-place—I should think two hundred yards—I do not think they could have walked that distance—they had got away from Field-place before I saw them at all—they were just getting
through the next paling, near the Conduit—some call it Shepherd's-fields—when we got into Field-lane, Bowes was before me—we started as one party, he being first—when we got through the bar, he was scuffling with one man, and I pursued on to the other—I had Bowes in my sight when he scuffled with the first man, but I did not see all that passed between them, as I went after this one, leaving Bowes behind with the brother—Bowes, Hartley, and two others, came up directly after I had stopped the prisoner—I did not hear the brother threaten to do any thing to Bowes—the prisoner did not threaten me when I got up to him, nor offer to assault me with the bayonet, nor did he do or say any thing of the sort to Bowes in my hearing.
WHLLIAM PENNINGTON . I am a surgeon, and live in Wilton-crescent, Belgrave-square. In consequence of instructions I examined the hands of lie prisoner on Tuesday last—I found the appearance of recent wounds——there were three on the left hand, and one on the right—I have seen many wounds inflicted by military weapons, but have not treated them myself—I should judge the instrument that inflicted those wounds must have been very similar to a bayonet, as the shape of the wounds was nearly triangular—two of the edges were a little excavated, and the third a straight line—they corresponded with the outline of a bayonet
Q. Was it possible for such wounds to be inflicted by merely struggling with the edge of this, or having it merely drawn through the hands? A. Certainly not—I could not very well judge of the degree of force with which the instrument must have been applied to the part—I examined the prisoner's back, and it was one uniform bruise—that had been inflicted probably some days before, but I cannot say whether ten days or a fortnight—I should say it was at the same time as the wounds on the bands—I did not see the body of the deceased—I have heard the description of the wound.
Q. Can you, or not, form any judgment whether a wound penetrating such an immense depth into the body of the deceased would be the result of a thrust, or of a heavy body falling on the instrument? A. I could not judge without seeing the wound—it would require very great force to inflict such a wound.
MR. CHAMBERS. Q. What was the size of the wound in the prisoner's hand? A. It occupied the front surface of the two joints of the middle finger; and the one in the centre of the right hand might be as large as two-thirds of a sixpence—about the size of a fourpenny-piece—there were three on the left hand and one on the right—two on the left hand, and the one on the right Had the same appearance—they were of a triangular shape, about the circumference of a fourpenny-piece, or rather larger probably—they were punctured wounds—they could not be made with the mere point of a bayonet—it must have penetrated to a certain extent—I should think about two-thirds of an inch—there were two wounds on the middle finger of the left hand, and one on the little finger; arid the other wound was in the palm of the right hand.
MR. BODKIN. Q. Was the wound in the palm of the right hand larger or smaller than those on the fingers? A. Rather larger—the natural formation of the hand and the bone would prevent a thrust penetrating to any great depth—a thrust might be made, and warded off with the hand, without making more penetration—it depends on the degree of resistance it meets with—the bone would be likely to prevent its going very far in. CHARLES LORD. I am a surgeon, and live at Hampstead. The deceased
was brought to my surgery, and I examined the wound—I did not see the trace of any blood—I was struck to see so great an absence of bleeding externally—I did not see the prisoner that evening—if he had blood about his clothes and person, I am of opinion it could not have proceeded from the deceased's wound—it was in the lower part of the abdomen—I was not present at the early part of the post mortem examination—I did not see the body till after the integuments had been removed—the wound proceeded back out at the sacrum—it did not perforate the pelvis—that is, it did not come out at the hip—the wound passed nearly straight backward, rather obliquely inward—I should consider it had penetrated about three or four inches.
MR. TAYLOR re-examined. I examined the body after death—I should think the instrument had penetrated between eight and ten inches into the body—it was an oblique wound—I should think it must have required very great force indeed to penetrate the body in that part to that extent I should think it would require much greater force than the ordinary thrust or stab of a man scarcely able to stand from the effects of liquor—I hardly think the bayonet would have taken the direction it did if the body of the man had fallen on it—it would require great force to inflict the wound, but I cannot imagine any position in which Chaplin could fall to have caused the instrument to take that direction—it is possible it might be done by the whole weight of his body being thrown on it in the struggle, bat I do not think it probable—I think an ordinary thrust would hardly account for a wound of such depth—it must be given with great force.
Q. Supposing the weight of the body of the man having the instrument in his hand, and being unable to sustain himself, would that account for the depth of the wound? A. Yes, the additional weight of the body might.
CAPTAIN CHRISTOPHER WILMOT HORTON , of The Coldstream Guards.I knew the prisoner shortly after he joined the battalion—since about last March or April, until the middle of July, when he went into the hospital—he was always very kind and regular, but dull and stupid—he was of a perfectly inoffensive disposition, in my opinion—he was discharged the day before this happened, in consequence of not being capable of doing his ordinary duty, not for any fault; in fact it was at my suggestion originally that the surgeon examined him—he was incapable of learning his duty—he is defended now at the expense of the officers of the regiment I have seen numerous instances where a bayonet has fallen from the scabbard, when our men are called on to kneel or lie down in light infantry; and I have seen men when laying out their clothes for inspection on parade, let their bayonet fall out even when they were cross belted; in fact, many of them are very loose in their sheaths—this one appears loose—there are many others quite as loose.
MR. CHAMBERS. Q. You have seen this bayonet in the scabbard before, I believe? A. I have, three or four days ago, in custody of Aggs—it did not appear so loose then as it does now.
MR. BODKIN. Q. Would the bayonet being covered with perspiration and blood, and remaining in that state in the hands of the Inspector's fortnight, make it tight? A. I attribute it to that—it is rusty, as it is after rain.
CAPTAIN DUNCAN MACDONALD CHISOLM , of The Coldstream Guard. I have not known the prisoner at all myself, but he bore a good character in the regiment for mildness and inoffensive conduct—on hearing the statement
of Richard Smith, the prisoner's brother, I sent into the barrack-yard for the first man that could be found with his bayonet and belt on, and desired him to throw himself on his hands in the manner described by Richard Smith, without telling him the object I had in view in giving that order—he threw himself on his hands, and his bayonet immediately fell out—he was not cross belted—he had merely his side arms.
(Sergeant John Baldick, pay-sergeant of the company, also deposed to the prisoner's good character.)
GUILTY of Manslaughter. Aged 24.—Recommended to mercy on account of the great provocation he received. — Confined Six Months.
NEW COURT.—Saturday, October 28th, 1837.
Fifth Jury, before Mr. Common Sergeant
GUILTY . Aged 12.— Confined One Month; One Week Solitary.
2325. RICHARD BARNARD was indicted for stealing, on the 9th of October, 2oz. ldwt. of gold, value 8l.; 2 moulds, value 15l.; and 1 goldbeater's tool, called a shoder, value 3l.; the goods of Caleb Paul Jones, his master; to which he pleaded
GUILTY. Aged 44.—Recommended to mercy. — Confined One Year.
ANN MAXTON . I am a widow, and keep a baker's shop, in Spencer-street. On Wednesday evening, the 11th of October, between eight and nine o'clock, the prisoner came to my shop, and asked for change for a sovereign—I laid it on the book—it was a good one—I gave him a half sovereign, three half-crowns, two shillings, and a sixpence change—he laid his hand on the sovereign, and changed it, and put a piece of coin down instead—he took my money, and ran away—I immediately discovered the exchange, and called after him—the servant girl, who was watching him, pursued him—he was brought back, and denied that he had been in the shop—I have not the slightest doubt of him—he was brought back in three minutes and a half.
Cross-examined by MR. PAYNE. Q. Had you seen him before? A.No—I saw him for about two minutes then—he had a chain round his neck, like a watch-guard, with a knot in the middle, and a plaid waistcoat; and the man that was brought back had the same—he denied that he had been in the shop—I said, How can you say that, you good-for-nothing fellow?"—I put my hand into his pocket, and took out the money exactly as I had given him.
ANDREW MILLER . I live in Wynyatt-street. On this evening the prosecutrix gave me the medal, and I went in pursuit of the prisoner—he was stopped—I assisted in bringing him back—Mrs. Maxton put her hand into to waistcoat pocket, and drew out the money.
Cross-examined. Q. Who stopped him? A. I do not know—I went up when he was stopped, and fetched him back—I went out and called
the police five or six times—he got out of the shop, and ran away—I did not run after him then—there were a number of people collected round the door—Mrs. Maxton said she would not have any thing more to do with it as she had got her money—he was brought back by the officer, in five or six minutes, or ten minutes at the most.
MARY CHECKLEY . I am a widow, living next to Mrs. Maxton. On this evening the prisoner came into my shop for a quarter of a pound of tea—he produced a good sovereign—I had no change, and he went next door—I have no doubt it was the prisoner—my window and hers face each other—they are corner houses—I could sec him go in—he told me he lived at No. 17, Northampton-square—I saw him go out—he walked very quickly—there was a hue and cry, and he was brought back.
Cross-examined. Q. How long was he in your shop? A. Some time—he said he wanted very good tea, I said, "The six-shilling tea ii very good"—he said, "I want better than that."
GEORGE HOPE WHITEWAY (police-constable G 189.) A young man in Perceval-street pointed the prisoner out, and I told him he must come back with me to the shop—he said I had better be careful what I was about; he was a respectable man; he did not get his living by passing bad money—I took him—he denied coming into the shop—the old lady said, "You villain, it was you that came in."
GUILTY . * Aged 22.— Transported for Seven Years.
LUCINDA VIDLER . I am a widow, and live in Bloomsbury. On the 12th of October I lost six books—one was on the counter, at the side of my shop, the others at the window inside the door, which was open.
SAMUEL POULSON . I keep a cheesemonger's shop in Compton-street, Brunswick-square. On the 12th of October the prisoner brought these books to me, and offered them to sell as waste paper—I took her, seeing the name on the backs, to the bookseller's shop.
(The prisoner received a good character.)
GUILTY. Aged 15.—Recommended to mercy. — Confined Six Days.
DAVID MILLER . I live in Green-street, Leicester-square. I have known the prisoner about two years—in October, 1835, he kept the George public-house, Castle-street—I served him with bread—when he left, about the 28th of March, 1836, he owed me a bill of 4l. 12s.—on the 27th of September, he called, and said he came to pay his little bill, and gave me a cheque for 5l. 6s., drawn by J. Harris, in favour of Mr. George Fifth, on the Borough Bank—I gave him 14s. change, and the receipt for 4l. 12s—I do not know his writing—he said he had indorsed his name on the back of it.
Cross-examined by MR. PHILLIPS. Q. He told you that voluntarily? A. Yes—he did not offer to leave the 14s. till the cheque was paid—he did not conic to me when he heard it was dishonoured—he was brought
by a man named Taylor, who met him on Westminster-bridge, and told him that the cheque was dishonoured, and then he came along with Taylor.
HENRY WESTON . I am clerk to Weston and Young, of the Borough Bank. We keep no account with a person of the name of Harris—we had bad an account with the prisoner, but it was closed in 1834—I do not know his handwriting—he has not kept an account since I have been in the house, which is seven months.
GEORGE SHEW (police-constable A 119.) I took the prisoner—I took him down to the watch-house—on the way he told me he had received the cheque from a person of the name of John Harris, who owed him some money—tint be met him in the Borough, and asked him to pay him, and he drew his book out and wrote him the cheque for 5l. 6s.—he told me he lived at No. 7, Trafalgar-place, Lock's-fields—I found nothing at his lodging but his cash-book and some old cheques on the same bank.
NOT GUILTY .
ELIZABETH HEATHER . I live in Bedford-court, Covent-garden, and on the wife of John Heather, a surgeon's instrument maker. The prisoner used to bring persons to the shop, and we allowed him a commission—he came and said Prince Alfred, who was residing at the Clarendon-hotel, had sent him to select some razors for him—I gave him four cases condining twenty-three razors, worth about 5l. or 6l., about seven o'clock on the 19th of September—I did not see him again till he was taken, about the 16th or 17th of October—I was to send the next morning to the Clarendon, which I did, and there was no such person known there—these are the razors—(looking at them.)
Prisoner. 1 asked for one pair of razors to show this gentleman, Prince Charles, of Livingstein. Witness. He said Prince Alfred—he asked for several pairs to show the patterns—I sent the next morning for the money, and the remainder, and he was not known, nor was the Prince.
JOHN COULSTOCK . I am hall-porterat the Clarendon-hotel. I do not know the prisoner—we had Prince Charles, of Livingstein, there, but he was gone to Doncaster-races—we had no Prince Alfred there—if the prisoner had come there I should have seen him.
Prisoner. He has another porter, a very tall man, I waited in the hall, and there was the Prince's secretary coming down stairs—that was a day or two before—an Italian gentleman from Florence took me to the hotel to him—I took the order from the Prince, and went to the hotel, and the Prince was gone.
WILLIAM RUFFEE . I am shopman to Thomas Stevens, of Wardour-street. On the 20th of September the prisoner brought these four cases of razors, and offered them to pledge for 4l.—I offered him 2l. 10s., and he took it.
Prisoner. I went and asked for this Prince, and he was not there—I went home and found my poor wife ill, and then I took them, as I was expecting a little money—Mrs. Heather sent for me—I went to her directly and said I expected to get them out again.
MRS. HEATHER re-examined. He did not come again till the policeman and our lad brought him—I found his address, and sent our lad and the police man after him—they went, and he got away—our lad traced him to the lay-market, and he brought him back with the policeman.
(The prisoner received a good character.)
GUILTY. Aged 30.—Recommended to mercy. — Confined Three Months.
MARY ANN OSBORN . I live with my mother, Caroline Osborn in Clement's Inn-passage; she keeps a tobacconist's shop. About four o'clock on the 9th of October I was in the back parlour—we heard a noise—in the shop—I went in and saw the prisoner with his hand over the counter he was leaning entirely over—the till was there—he asked if I could tell him of a person named Williams—I said, "You have robbed our till"—he ran out—I looked into the till, and the shilling and sixpence which had been in it was gone—my sister followed him—he was brought back—ray mother was willing to let him go, but the policeman would not let him go—I am sure he is the person.
Cross-examined by MR. PHILLIPS. Q. Did not he say he did not take any money? A. Yes—my mother did not say, I really don't think you did"—she was up stairs the whole of the time—he was searched, and no silver found on him—he was brought back in ten minutes or a quarter of an hour.
ELIZABETH OSBORN . I was in the back parlour, and heard a noise in the shop—my sister went first into the shop, then I came in and saw the prisoner—my sister had seen the till a little while before—the prisoner is the man that was there.
SAMUEL HARDING . I live in Clement's Inn-passage. The prisoner was running—I pursued and took him in Essex-street, Strand—he got away from me and was just going to run away when I caught him again—I said, "You have been robbing the till"—he said, "I know nothing about the till, I have never been in the shop."
Cross-examined. Q. You said that before the Magistrate? A. Yes, because the Magistrate's clerk said, Did he deny it?' and I said, "Yes."
Cross-examined. Q. Did you search him? A. Yes, and found 4 1/4 d. on him.
GUILTY . Aged 20.— Confined Six Months.
2331. ELIJAH SILKMAN was indicted for feloniously receiving, on the 29th of August, of an evil-disposed person, 22 necklaces, value 5s.; 11 razors, value 6s.; 159 brooches, value 4l.; 109 seals, value 5l.; 150 breast pins, value 4l.; 5 pairs of bracelets, value 4s.; 60 pairs of ear-rings, value 6l.; 17 watch keys, value 10s.; 14 rings, value 1l.; 71 snaps, value 5s.; 1 pair of scissors, value 3d.; 20 thimbles, value 8s.; and 1 jewel case, value 2d.; the goods of John Davis and another; well knowing them to have been stolen; against the Statute, &c.
MR. ADOLPHUS conducted the Prosecution.
JOHN DAVIS . I am a wholesale dealer in hardware, and an importer of foreign merchandise. I live in Houndsditch, and am in partnership with my brother Alfred—I have employed Manly Abrahams as errand boy for two or three years—while he was in our service we missed a variety of articles of various sorts of jewellery—more particularly one parcel which was completely stolen—I have an invoice of it in my pocket—they we coral and jet ear-rings and pins—I missed this on the 29th of August Abrahams being still in my service—in consequence of something I heard, I went to the premises of the prisoner Silkman with my brother, two policemen, and the boy—the parties who gave us information told
us where he lived—we saw him, and searched his premises, and found a variety of articles and jewellery (the things mentioned in the indictment) in I which I knew to be mine—the prisoner keeps a lodging house—I believe there were two or three persons lodging in the same house—we found the things in the prisoner's room—I believe he had but one room—part of these things were in his box, with which he used to hawk in trade I sup pose and part in a chest of drawers—I recognise the greater part of an I these articles as being exactly similar to some I have missed—here is one that has my mark on it, a mock pearl set of ear-rings and a brooch—the mark is on the box—if these were sold, the box would be sold with them—I found some seals—they corresponded in every respect with a parcel of seals we had missed at the same time—we found a parcel of seals corresponding with what we found at Silkman's, concealed in a secret part of our ware house to which Abrahams had access—it is a sort of stove in the upper ware house, where we never kept any thing but bulky articles—there is a white mark at the bottom of this jet ear-ring—I noticed it when I purchased them, and being curious to know what it was I broke a piece off—this I found at Silkman's in the parcel of ear-rings which were stolen in the talk—it had never been sold, nor opened for sale; and these ear-rings were in the parcel which was gone, and found at the prisoner's—I have in my hand some more ear-rings, belonging to a parcel we missed in bulk, which has my mark, made when I purchased them—they were found at Silkman's, and a great variety of things which have never been sold, and correspond in every respect with those we missed—Silkman said he bought them of Mr. Sampson, Mr. Calisher, and myself—I am quite certain I never sold him any of these things—I have seen him at the shop, and he might have bought one or two brooches, which is the extent that men of that sort ever buy—I know those people, and have spoken with them—before I made this search at the prisoner's I had a communication from the boy Abrahams—we had a warehouse below, in the under part of the premises, where we kept very bulky things, such as foreign toys, totally different to things of this description—the greater part of these things were kept in a cupboard in the counting-house—none of them had been in the cellars below—I took one parcel out of my portmanteau and placed it on a counter in the warehouse—it was missed the same day—they were coral ear-rings, jet ear-rings, and pins, which were not intended for sale—we had the boy taken up as well as the prisoner, and upon advice we let the boy go before the Grand Jury.
Cross-examined by MR. PHILLIPS. Q. How many shopmen have you? A. Four—we have eight or nine people altogether—the rest are porters, packers, and errand-boys—the shopmen used to sell—I cannot say bow long the prisoner has been in the habit of dealing at my shop—it may be one or two years—an immense number of people come to our place—neither of the gentlemen I have named come to buy of us—they are dealers themselves—it is the habit among the lower orders of our persuasion to buy of one another at coffee-houses—I was not always the person that served the prisoner—I believe him to be a hawker—the box I saw was of the kind Pedlars carry about.
MR. ADOLPHUS. Q. You have been asked about this man being in the habit of dealing with you? A. He was an occasional purchaser, but very seldom, to my own knowledge—perhaps he may have been in the warehouse eight or ten times in the course of a year—I am always in the counting-house—though
I do not always serve, I know what men are in the habit of coming.
COURT. Q. How often have you been out of town to Birmingham and other places? A. About three times a year sometimes; usually for a week, sometimes for a fortnight.
MANLY ABRAHAMS . I am thirteen years of age, and am a Jew. I was in the service of a grocer, named Joseph, for two years—it is about two years and a half since I left him—he lived at No. 14, Bury-street while there I became acquainted with a Turkish Jew named David—in consequence of what he said I took a piece of gum of Mr. Joseph's, and gave to him—he did not induce me to take any thing more I took things after I came to Mr. Davis—David said to me, "If you don't bring me more things I will tell your master of your taking the gum, and he won't give you a character"—that was when I was going from Joseph to Mr. Davis—after I had been at Mr. Davis's six weeks or two months, I saw the prisoner at the beginning of Duke-street, Aldgate, walking about—he said, You may as well bring me some things as you brought to David, my countryman; and if you don't bring me some things, I shall tell your master"—I did not know where Silkman lived before that—he showed me his house, in Duke-street, Aldgate—in consequence of that I took first a paper of plated ear-rings—I do not know how many pairs there were—it was a good sized paper—he gave me 6d., and told me to bring him some other things—about two days after I took him a paper of black ear-rings—I do not know how many there were—they were black glass—I took them from boxes in master's stock he gave me 6d. again—I saw him again, and took him a paper of common seals—he then gave me 1s.—all the things I took were part of my master's stock—I then told him how I got at them, and said I was very much frightened—he said, "Never mind, don't be frightened "—then I took him a paper of another sort of seals, and I believe he gave me 6d. or 1s.—this was about six weeks or two months after I got to my master's—this went on from day to day, and week to week constantly—among the things I took were some jet ear-rings and coral in a paper parcel—I took that from a back board at the bottom of the shop—I do not know who placed it there—my master had been out of town a little before I took it, about a week—there was nothing in the parcel besides the coral and the jet—the paper was opened—I opened it when I took it to Silkman—my master had then lately returned from the country—the prisoner gave me 6d. for that—I had made a hole through a passage into the cellar where goods were kept, out of the place where I cleaned shoes and knives—I got the things by that means—I told Silkman of that—I took things on these occasions, and handed them to the prisoner—these transactions between me and the prisoner went on for about a year and a half—the hole I made was through a partition out of one cellar into another.
COURT. Q. Was that made before the jet ear-rings were taken, or after? A. After that.
MR. ADOLPHUS. Q. What did you say to the prisoner? A. I told him I was very much frightened to go through the hole—he said, "Never mind, shut it up this week, and go to it next week"—f followed his advice—I always let him know where 1 got the goods from—after that some information was given, and I was found out—I had been in custody before I told—I said I took half-a-dozen seals—I was taken to the Computer, and then I told all about it—Silkman was then in custody—I have been
since detained in Newgate—there are none of the black jet and coral ear-rings here now.
Cross-examined. Q. Can you tell in what month you took these black and coral ear-rings? A. I cannot tell, nor in what year—I think it was 1837—I remember that perfectly now—I did not hear the words you said—I was not thinking of it—I do not know the month—it was about three or four months back, that my master came from the country—he went to Birmingham and Sheffield—the ear-rings were in a paper parcel—there was no mark on the paper of any kind that I ever saw—I was about twelve years old when I began with my former master—it is a year and nine months since I first began to rob any body—I was in Joseph's employ about two years and a half—I was about a week out of Joseph's employ before I came to Davis—it was a small piece of white gum that I took—I was two years in his employ before I stole that—I was about a year and a half in Davis's employ before I stole the jet and coral ear-rings—they were the last things I took, and that was about three or four months ago—I took nothing else but the coral and jet ear-rings, in the lasts two months—I remained in his service a fortnight after taking them—I could not say exactly how long ago it was—I did not ask Mr. Josephs for a character—I ran away from him—he used to hit me too hard—I was not found out stealing—I do not know what I was hit for—he never accused me of stealing any thing, that I am aware of—he never told me any thing about it, nor anybody else, that I know of—I do not know whether he told me that he thought I was robbing him, and beat me—I believe he owed me a week's wages when I ran away—David used to give me 6d. every time I gave him any thing, and then I would not take him any more—I took him things about once or twice a week, for a month, from Davis—the gum was the first—I never took him any thing but the gum from Josephs—I took a paper of ear-rings first from Davis—I used to take him some black ear-rings sometimes, and seals—I do not think I took him any thing else—he used to ask me, but I never did—he did not ask for any particular thing—I got through the hole to take away things from the shop—I made a hole through the cellar, and could get into the shop—the cellar was under ground—I could not get in in front—there was a pair of steps in the cellar, and I got up that way through a trap door—I got from one cellar into the adjoining one, where I got into the warehouse, and took them from the stock—I was taken into custody before I said a word about this—I was not brought to the Justice before I told—I was at the watch-house—Silkman was taken a little while after me—I had told before he was taken that I took half a dozen seals—I have not said that Silkman was taken into custody before I said any thing.
MR. ADOLPHUS. Q. Do you count by Christian months? A. Yes—when I got out of the shoe-cellar into the stock-cellar I could go into the ware house—there was no necessity for breaking through the floor—I did that early in the morning, before the shop was open—David first set me on to thieving, and then Silkman—Silkman was taken about a quarter of an hour after I was—I said I had taken half a en seals before I saw Silkman.
JOHN DAVIS re-examined. Q. Is this the invoice of a parcel you brought from Birmingham? A. Yes, one parcel of black and jet ear-rings—I took it out my portmanteau and laid it on a board, and the whole parcel was missing the next day—they were charged to me at 9l. 12s.—I had a partition in my cellar where a hole was made through, and from that cellar a person could
go to the warehouse by a flight of steps—the goods in the cellar were common toys—it was from information I received that I had Silkman taken.
Cross-examined. When did you go from town? A. About the 12th or 14th of August—I staid about eight days—I went to no place but Birmingham—that would bring it near to September—I brought a portion of the goods I bought—I took out these jet and coral ear-rings one or two days after my return—I missed them the day I took them out—I do not know whether there was any mark on the paper in which these jet and coral ear-rings were deposited—I rather think there was, but I am not certain on the subject—this ear-ring has a mark on the bottom of it—in my opinion that is not I dirt—I broke a small piece off at the bottom—five dozen pairs of ear-rings were in that paper altogether, with coral pins and coral ear-rings—I am sure there were coral pins—there were two dozen.
MR. PHILLIPS to MANLY ABRAHAMS. Q. Was there any thing else in the brown paper parcel but coral ear-rings? A. I did not see any thing else—I did not examine it particularly—I just opened it, and then I was obliged to go back again—I tore off a piece of paper from each side.
CAROLINE STANLEY . I was in the service of Mr. Davis—I remember Abraham's being there—I know the cellar where he cleaned shoes and the knives—I remember the next cellar—I saw him there once at half-past six o'clock in the morning, about five months ago—he went down our cellar stairs—there was half the board open, and he stooped down and went through that opening.
Cross-examined. Q. Were you before the Magistrate? A. No—I came into Mr. Davis's service five months and a fortnight ago—I went down one morning, and could not find him—this hole was open—I said nothing—I thought I would watch him—the next morning 1 went down, this place was opened, and he was there—I said, "What the devil do you do there?"—he said, "Oh, Ann, I have been to hunt the black cats"—there were no black cats that I know of—I mentioned it to my mistress a week or ten days after, and my mistress mentioned it to my master, and he had it fastened up—this was five months ago, about a fortnight after I was there—it remained open a week or ten days—I had never seen any black cats there then—I have since—I did not suspect he was doing wrong—I thought it was a child's action.
MR. ADOLPHUS. Q. You went about two months and two weeks ago? A. Yes—I had been in the service nearly a week when I saw this, or nine days—there might have been black cats there though I had not seen them.
ALMO SHEENO . I am the secretary of the synagogue, and distribute alms. The prisoner was an applicant for alms during the last two years occasionally—he has had perhaps about 40s. in a year—20s. to get his licence, and, during the year, perhaps 20s. on application for relief—I heard of his being taken into custody—he had money for a licence in July or August.
Cross-examined. Q. Do not you find yourself sometimes deceived in these applications? A. Certainly—I have found that people that do not want money will come and make a poor mouth and get it—I should no have assisted the prisoner if I had not thought him an honest, fair man.
MR. ADOLPHUS. Q. Do you take pains to know something of every man who applies for relief? A. We do not make any particular inquiry—we judge by their aspect and appearance—I never knew that the prisoner had jewels and property of great value by him—the smallest sum he has received was 5s.—his wife has received it—it was in his name.
JAMES MARTIN . I am a City police-constable. I assisted in searching the prisoner's premises, at 18, Duke-street, Aldgate, and found all these things in the second floor front room—they were in the drawers, except those in the box—the others were scattered about the chest of drawers—Abrahams was with me—he did not point out the things—he pointed out the prisoner.
Cross-examined. Q. These things you found in his room? A. Yes—this is a usual pedlar's box—I had no difficulty in finding the things.
MR. ADOLPHUS. Q. How many drawers were there? A. Three or four, with two small top drawers—two had got wearing apparel I think in them.
MR. ADOLPHUS to JOHN DAVIS. Q. Have you looked over the things found? A. I have—the value of the whole is I think from 30l. to 40l.
MR. PHILLIPS to MANLY ABRAHAMS. Q. How long did you keep that hole in the cellar open? A. About three weeks—I closed it up for fear my master should find it—I opened it occasionally as I wanted—I always closed it myself, the last time as well as the first—I never left it open at all.
(----Jackson of Crown-street; Moses Benjamin, a fishmonger, of Doke-street, Aldgate; and Moses Joseph, Bury-street, grocer; gave the prisoner a good character.)
GUILTY . Aged 39.— Transported for Fourteen Years.
Sixth Jury, before Mr. Sergeant Arabin
2332. WILLIAM BARNETT was indicted for stealing, on the 26th of October, 3 petticoats, value 4s. 6d.; 2 shifts, value 3s. 6d.; 3 collars, value 2s.; 4 towels, value 1s.; 3 handkerchiefs, value 9d.; and 1 pair of stockings, value 3d.; the goods of Joseph Routlidge, from the person of Caroline Ditchfield.
MARY ROUTLIDGE . My husband's name is Joseph, we live in Brewer street, Pimlico, and I take in washing. On the 26th of October I sent the prisoner with a bundle of clothes to No. 4, Tenderden-street, Hanover-square—this is the bundle I gave her—it contains the articles stated.
CAROLINE DITCHFIELD . I received the bundle from Mary Routlidge—I was going up the Haymarket—I did not observe the prisoner behind me till he he came right by the side of me and snatched the bundle from me—I followed him in the best manner I could, and there were two young men who held him till the policeman came—when he snatched it he put it under his right arm, then he put it round behind him and dropped it—I never lost sight of him—I am sure he is the person.
Prisoner. I did not take it out of her hand—I found it in going up the Haymarket—she came to me and asked me to give it her—I dropped it down, and hearing a cry of "Stop thief," I ran, and was stopped and given to the policeman.
GUILTY . Aged 30.— Transported for Ten Years.
MARTHA DRAPER . I live servant with Mr. John Bartie of Gloucester-place. About half-past eight o'clock in the morning of the 22nd of October, I heard the key of the clock fall off the chimney-piece in the hall where the clock is kept—I was in the kitchen—I ran up stairs, and saw the key and the clock were gone—I ran out, and saw the prisoner Brown at the top of Gloucester-place, and Pace was running in the field—I had seen them together about twenty minutes before, loitering about I pursued, and called, "Stop thief"—they neither of them had the clock then—I saw them taken into custody—they had jumped over the paling to get the clock—the prisoners were taken in about half an hour—the clock was taken up in the road that they ran—I am sure I saw them before, and when I saw them taken I was sure they were the same—there were four of them in all—a man with two children, who was crossing the field, picked up the clock—the one that had it must have thrown it into a ditch—I saw a man with a basket running before me, but he is not here—I lost I sight of him—this is my master's clock—there was some dirt on it I believe.
Brown. Q. When you first saw me, where was I? A. At the corner of Gloucester-place—I saw you looking over the railings.
Pace. Q. Where did you see me? A. At the top of Gloucester-place, with the others looking down the street—I did not see any thing till the clock was gone—I saw you running in the field with two more, and Brown was the last to run—I swear to you by your cap and dirty apron twisted round you, and your face—I saw you distinctly.
CHARLES CRANE . I am a hay-cutter, and live in Kentish Town. I know the prosecutor's house—on the day in question, I saw four persons come over the field out of Maiden-lane—(I was getting some water out of a pond when they passed me, about seven o'clock)—about half-past eight I heard the cry of Stop thief—they had kept lurking about the same place—I can only swear to Brown, whom I caught before the young woman came up—I asked him what he had been doing—he said he had been doing nothing—I said, I shall hold you till such time as I see "—I held him, and the servant passed, but during the time I was holding him, he offered me 5s. to let him go—I told him I should not do any such thing—I held him till the servant and the mistress passed with the clock—they said they did not intend to do any thing with him—I let him go, and then the policeman came and asked what was the matter, and he took him again.
Brown. Q. Did you not say without I gave you 5s. you would hold me? A. I did not—I cannot say how far you were from where the clock was picked up.
THOMAS ROSE . I am a policeman. I was crossing the field, and heard I a cry of "Stop thief"—one said, "There goes the man that stole the clock"—I followed Brown, and brought him back—he said he knew nothing of it.
Brown. Q. Was you not quite out of breath from running? A. Yes—I suppose I was two hundred yards off, when I first saw you—you could have escaped.
JOHN EATON . I am a policeman. I received a description of the three persons that made their escape that Sunday morning, and having to go to the office, I saw Pace, and took him—I said, I want you for
stealing a timepiece with Brown"—he said he knew nothing of it, nor anything about Brown.
AMBROSE ABRAHART . I was coming up on Sunday morning, and saw these four persons round an empty building, at seven o'clock—I was unloading my master's grains, and heard a cry of Stop thief," and I ran and saw Brown, who was one of them—I told the officer to follow him—I passed close by him, and followed one that had a basket, but he got away.
Brown. Q. When you first came into the field, did you not state I was looking at the mangel wurzel? A. No, you were at the comer of the building.
Pace's Defence. Brown's brother sent me up to High-street, Marylebone,—the officer came up and tapped me on the shoulder, and said he wanted me for a timepiece.
Brown. I leave myself to the mercy of the Court.
BROWN— GUILTY . Aged 23
PACE— GUILTY . Aged 20.
Transported for Seven Years.
PHŒBE BARNETT . I am the wife of Gabriel Barnett—he keeps a shop on Great Saffron-hill. The prisoners came on the 18th of October, and asked to look at some waistcoats—I showed them some—Knapp tried them on—Langdon told me to go outside and get another one, and as I came in I met Langdon going out—I showed Knapp another—he said that would not do—I said I had a very handsome one—I went to look for it, and it was gone—it was on the counter when they came in, and no one could have taken it but Langdon—I asked Knapp where his friend was—he said, Gone to work—I said he had taken a waistcoat—I left Knapp with my father while I went to get an officer—I have not seen the waistcoat since—it is lost—Langdon was taken the next night—I could not swear to him, but he owned that he took the waistcoat, and I believe he is the man.
RICHARD BURLEY . I am a policeman. I was sent for, and took Knapp—he had no money at all—as I was going to the station-house, he said it was not him that stole the waistcoat, it was the young man that was with him, and gave me directions where to find him—I went the next night, and took him near the spot that Knapp told me—near the Victoria coffee shop, Chamber-street, Whitechapel—I asked if his name was not John Langdon—he said, "I know what you want, I have done wrong, I must suffer for it; are you the man that belongs to the shop?"—I said no, I was an officer—he said he sold the waistcoat in Petticoat-lane, for 1s.
Langdon. You said there was a waistcoat—I said I knew nothing of it—you said, Come let us have a pot of beer over this." Witness. No, it is quite false—a young man went with me who I sent to make inquiry.
Knapp. My friend owed me a trifle, and was going to pay me, which I meant to leave as a deposit on the waistcoat, till Saturday.
(The prisoner Knapp received a good character.)
KNAPP— GUILTY . Aged 18.
LANGDON— GUILTY . Aged 20.
Confined Three Months.
2335. HANNAH BOND was indicted for stealing, on the 16th of October, 1 gown, value 5s:. 8 yards of cotton, value 5s.; 1 shawl, value 3s.; 1 pair of stockings, value 6d.; 3 handkerchiefs, value 2s.; 12 yard of calico, value 5s.; 2 yards of merino, value 5s.; and 1 shirt, value 1s.; the goods of James Bond.
MARY BOND . I am the wife of James Bond. He goes out with fish—we live in Lumley-place, Hind-street, Westminster—the prisoner is a distant relation of my husband—I do not know how she gets her living—on the 15th of October, about twenty minutes to eleven o'clock, she came in—I was gone out for a pint of porter—she had been to Grosvenor-place with a basket of linen, and said she was going to be married on Monday week—she staid till the next day, and on the 17th I missed these things—I found the property at the pawnbroker's—I went to her mother's on the 17th—I saw the prisoner afterwards, and asked her for my property, or the money—she put her hand into her pocket, and gave out a parcel of duplicates to her father—this is all my property.
Prisoner. She took me out on Sunday from public-house to public-house, and made me tipsy—I gave up the duplicates, and she said she would take of me a shilling at a time, when I got work. Witness. On Sunday night we had a drop of beer altogether, and some spirits, but she was not tipsy—she drank her share—she took the things on the 16th.
Prisoner. You did not take them in—it was Mr. Trail himself took them in.
JOHN TAYLOR . I am a police-sergeant. I took the prisoner into custody, and asked what she did with the property—she said she had pawned it, and gave her aunt the duplicates—I had a great deal of trouble to take her—she locked me out of the place.
GUILTY. Aged 18.—Recommended to mercy by the Prosecutrix — Confined Three Months.
ERNEST GEORGE LADENSACK . I am in the employ of Thomas Venables and another, linen-drapers, in Whitechapel. On the 19th of October we missed a piece of flannel, about twenty minutes before six o'clock, and I another in about five minutes—Mr. Charles Venables told me he thought one piece was stolen—I was called in to give change, when Mr. Venable sturned, I and missed another—I went into the street for three hundred yards—I did not see any one, but coming back I met the prisoner with one piece under her cloak—when she saw I was watching her, she dropped one piece from under her cloak—I gave an alarm—she ran up to a house, ran up stairs, and was then taken—both pieces were found in the street—she had a cloak a big enough to cover four such pieces—they are my master's.
Prisoner. Q. Did you see me drop the flannel? A. You did, at my feet—you got into the house, and ran up stairs.
TIMOTHY TOOMEY . I am a policeman. About a quarter past six o'clock I heard the cry of "Stop thief" in Essex-street—I ran into the court and found the prisoner in the upper room, and a woman in the act of turning her out—Ladensack said, "That is the woman"—I found nobody in the house at all like her—she had a large cloak on.
Prisoner. He did not see me with the flannel at all, nor did he see me drop it—he saw me turn up a court, and then he followed me—I have a little baby two years old, that will greatly miss my protection.
GUILTY .* Aged 19.— Transported for Fourteen Years.
2337. ROBERT CUTHBERT was indicted for stealing, on the 25th of September, 1 jacket, value 7s.; 1 pair of spectacles and case, value 1s.; 1 knife, value 6d.; and 1 comb, value 1d.; the goods of Charles Powell.
CHARLES POWELL . I am a carpenter, and so is the prisoner. I had a job in Buckinghamshire—the prisoner was dismissed by the foreman on Friday, the 22nd of September—I left a jacket on the timber when I was at work out of doors—I did not miss it before evening—the prisoner was gone then—I went to the public house which we all used, and found my tobacco-box in the public house—I found the other property in London—this is all of it.
Prisoner. All the jackets laid together, I was ordered off the premises drunk, and did not know your jacket from mine—my jacket was better than yours—I did not put it on.
PETER HALLOWS . I am a policeman. On the evening of the 16th of this month I was on duty in Phœnix-street, and met the prosecutor—we went in search of the prisoner, and found him in Drummond-street, Somers-town—I searched his apartment, which was a low kitchen—I found the prosecutor's knife, and two duplicates for the spectacles and case, and jacket—we went next morning and found the property—this is it.
NOT GUILTY .
THOMAS WHITE . I am a cambric-dyer. I know Mr. Stapleys at the corner of Mary-street—he deals in chandlery—on the 16th of October I saw the prisoner standing against the door with another—he said to the other Go and get a 1/2 d. one"—I and my friend crossed, and the prisoner and his friend took this tub, with the herrings in it—I said, You must stop here—he said he would not—I took the tub off his shoulder, and Mr. Stapley and the policeman came and took him.
Prisoner. I was not near the place at all.
GUILTY .* Aged 18.— Transported for Seven Years.
GUILTY. Aged.—Recommended to mercy by the Prosecutor. — Confined Six Days.
OLD COURT.—Monday, October 30th, 1837.
First Jury, before Mr. Sergeant Arabin.
2340. FABRIZIO SOLDATI was indicted for stealing, on the 29th of September, 1 pair of half-boots, value 10s.; 4 bottles, value 1s.; and 3 quarts of catsup, value 3s.; the goods of Vincenzo Cesarini, his master.
MR. PAYNE conducted the Prosecution.
VINCENZO CESARINI (through an interpreter.) I keep an Italian ware-house in Warwick-street, Regent-street. The prisoner was my servant, and had been so three months—I had him taken into custody I think on Saturday, the 30th of September—his box was searched in my presence—an officer was with me, and in it was found a pawnbroker's ticket and four bottles of catsup—the catsup-was wrapped up in a waistcoat—I had bottles of catsup of that description in my stock—I think they belong to me, but will not take an oath of it, as I have a large stock—these boots are mine—I never gave the prisoner any authority to pawn them.
Cross-examined by MR. PHILLIPS. Q. On your oath cannot you speak English as well as I do? A. I know it literally—I speak a little, but cannot answer all—I lately promised the prisoner 18l. a year, and I gave him some every time he called on me for money—I cannot say how much I have paid him—it is in my book, which is at the shop—I have paid him 3l. or more—I will swear that—a man named Silvester was my servant before the prisoner came—I did not make a charge of felony against him, nor threaten bin with it—he summoned me for wages before the Commissioner in Castle-street, and the Commissioner dismissed it—I gave a list at the office of what I had paid him—I had it written by a friend—I did not write it myself—I cannot write English well—I told my friend what to write down—I told him from my conscience, not from any book—I do not know when I last had an execution in my house.
JOHN LAMB . I am a pawnbroker, and live in Stanhope-street I produce a pair of boots which were pawned on the 29th of September, by the prisoner, in the name of James Peltier—I asked if they were his own, and he said they were—I have the duplicate of them.
WILLIAM RICHARDSON . I am a policeman. I took the prisoner into custody—I searched his box in the prosecutor's presence, and found the duplicate of a pair of boots, and four bottles of catsup inside—the duplicate corresponds with the one produced by the pawnbroker—he said if his master would give him the money he would go and fetch them.
NOT GUILTY .
Before Mr. Justice Bosanquet.
2341. CHARLES POOLE was indicted for stealing, on the 26th of September, at St. Pancras, 1 bag, value 5s.; 1 coat, value 3l. 13s.; 2 pairs of trowsers, value 1l. 15s.; 1 waistcoat, value 12s.; 4 stocks, value 9s.; 6 shirts, value 4l. 10s.; 7 handkerchiefs, value 1l. 10s.; 6 pain of stockings, value 9s.; 8 collars, value 4s.; 1 cravat, value 6d.; 1 nightcap, value 6d.; 1 pair of boots, value 5s.; 1 pair of shoes, value 5s.; 1 canister, value 2d.; 1/4 lb. of snuff, value 2s. 6d.; 50 cigars, value 7s. 3 brushes, value 3s.; 1 hat cover, value 2s.; 2 drawings, value 5s. and 1 printed book, value 2s.; the goods of John Thomas Tullet, in his dwelling-house.
JOHN THOMAS TULLET . I live in Goodge-street, Tottenham-court-road—I occupy the house myself—it is a public-house, and in the parish of St. Pancras. On Tuesday, the 26th of September, between ten and twelve o'clock at night, I came home to my house from the Belle Savage, Ludgate-hill—when I got to my residence I gave the coachman a carpet
bag, which he took into the house, and returned—I went round to the private door in Goodge-street, into my own parlour in company with my father and mother, who staid about ten minute, to take some refreshment, they then got into the coach, and went away-—about twenty minutes after they were gone I missed my carpet-bag—I saw it again on the Thursday evening, at the station-house in Gee-street—I examined it, and the contents of it were the same as were in it that night, and belonged to me.
Cross-examined by MR. PHILLIPS. Q. I believe you know nothing of the prisoner yourself? A. I do not.
JAMES BAKER . I am a policeman. On this Tuesday night I saw the prisoner coming through Charlotte-mews, between eleven and twelve o'clock, carrying a carpet-bag in his right hand—I watched him down North-street, and some distance—observing him look back, I asked what he bad got in the bag—he stood some time confused, and then said he did not know—I asked where he brought it from—he told me from the corner of Percy chapel—I asked him who it belonged to—he said he did not know, that some gentleman had given it to him to carry to the New-road, and he would meet him there, and give him 1s. for his trouble—I said if be could not give a better account than that, I should take him to the station-house—he said, "Very well, the bag is heavy, and you will carry it"—I took him to the station-house—the bag was locked—I have it here—it contains the articles stated in the indictment—I showed it to the prosecutor afterwards.
Cross-examined. Q. Did the prisoner appear tipsy? A. Quite sober (Property produced, and sworn to.)
(The prisoner received a good character.)
GUILTY. Aged 36.—Strongly recommended to mercy.
Confined Six Months.
Fourth Jury, before Mr. Recorder.
2341. MATILDA JANE UNDERWOOD was indicted for stealing, on the 6th of October, at St. Pancras, 5 sovereigns, 1 crown, 4 half-crowns, 80 shillings, 10 sixpences, 60 pence, and 120 halfpence, the monies of John Atkins, her master, in his dwelling-house.
JOHN ATKINS . I keep the Crown beer-shop in Clarence-gardens, Regent's Park. The prisoner was in my service for one week—I missed her on the morning of the 6th of October, and missed a cash-box containing 10l. 10s.—there were five sovereigns, one crown-piece, four half-crowns, eighty shillings, ten sixpences, sixty penny-pieces, and the rest in halfpence—the coppers were in a pint pot inside the cash-box—the silver and gold was in a half-pint pot—the box must have been unlocked by a false key—I found it unlocked, and had left it locked—I found the prisoner at Kensington-barracks, with some soldiers, on the Sunday evening—I said, "Jane, I am sorry to see you in this situation, how came you to rob me?"—she sad she had robbed me, and she was very sorry for it—I did not state what she had robbed me of.
GEORGE PEARSON . I am a private in the 2nd Life Guards, stationed at Regent's Park barracks. I assisted the prosecutor in finding the prisoner—she said she had robbed him, and was sorry for it, that she had a good place—the prosecutor said, "Jane, tell me the truth how you got to the box?"—she said, "The box was open—he said, "I know it was locked, tell me how you got at it"—she said, "I have told you a lie; I found the
key on the shelf, and opened the box, and took out the money"—he asked what she did with the pot—she said she had left it on a step between the house and Trinity Church.
WILLIAM WILSON (police-constable S 35.) The prisoner was brought to me, and I took her to the station-house—I asked her about the robbery—she said she had robbed the prosecutor, and very well knew what she should receive—all I found on her was two farthings—she said she took the pot the cash was in, and left it on a gentleman's door between there and Trinity Church—I asked what she had done with the money—she said she had spent it—she was apprehended on the 8th of October—she said she had only one sovereign left, and that was at her lodging in Westminster, but she could not tell me where the lodging was.
GUILTY .* Aged 17.— Transported for Ten Years.
2342. SAMUEL HUTCHINSON was indicted for feloniously breaking and entering the dwelling-house of Robert Flagg, on the 23rd of October, at St. Andrew, Holborn, with intent to steal, and stealing therein, 1 purse, value 1s.; 1 shawl, value 12s.; 1 handkerchief, value 1s. 6d.; I ring, value 9s.; 1 box, value 2d.; and 9 shillings; the goods and monies of Bethulia Hunt.
BETHULIA HUNT . I am a widow, and am servant to Robert Flagg, who keeps the White Hart public-house, in Brook's-market, Holborn. On Monday afternoon, the 23rd of October, I went up to my bed-room, and saw the prisoner at my room door—he had just come out of the door as I got up to it—I asked what business he had there—he said he thought it was the water-closet, and went down stairs—I found the door, which had been locked, was broken open—I had the key—the wood which holds the lock was broken—the lid of my trunk was on a box in the room, the box was moved on a bed, and property gone out of it—I came down stairs after the prisoner, and he went out backwards—I missed a purse, a shawl, a handkerchief, and 8s. in money, and a ring, from my trunk—they are worth altogether 23s.—I found a chisel lying down by the side of the box—I found the key in the box.
ROBERT FLAGG . My house is in the parish of St. Andrew, Holborn. In consequence of hearing an alarm on the stairs I followed the prisoner, and stopped him—he said he was in search of the water-closet—he went out of the front door into a yard—I followed and brought him back—he said he was in search of a water-closet—I said, "You could not expect to find one at the top of the house; if you want one you can go below, into a large yard "—I watched him go to the water-closet—he was there about a minute—he came out of there, and went into another water-closet in the yard—he was there fire minutes, and when he came out I gave him in charge of the police—I showed the constable the privies he had been in and the shawl and handkerchief were found down there while the policeman was gone to the office—the box was found the day afterwards.
WILLIAM GRAY . I am a policeman. I received the prisoner into custody—I searched him, and found on him 7s. in silver—I searched the privies, and found a purse with a shilling in it—a shawl was given to me by Mr. Flagg—I applied the chisel to the room door—it corresponded with the marks, and appeared to have made them.
Prisoners Defence. I went to the White Hart and called for some beer and tobacco—the landlord requested me to go up stairs, as a party were playing at cards—I played with them at bagatelle for porter—I asked one the way to the water-closet—he said, "Up stairs"—I went up, tried the door on the landing, and found it shut—I opened another door and found it was a bed room, I came down and met the prosecutrix on the stairs.
GUILTY . Aged 33.— Transported for Ten Years.
2343. JOSEPH GILDING was indicted for feloniously breaking and entering the dwelling-house of Joseph Woods, on the 26th of October, at Stanwell, and stealing therein 1 cloak, value 10s.; 1 coat, value 1l. 5s.; and 1 waistcoat, value 5s.; his goods.
ELIZABETH WOODS . I am the wife of Joseph Woods, and occupy a cottage at Stanwell. On the 26th of October I left home at five minutes to six o'clock to go to work—my husband had left before me—I locked the door and shut the windows—these things were safe—when I returned I found the prisoner in custody, and the articles produced were tied up and left on my bed.
JOSEPH WOODS . I returned to my cottage, in consequence of information I received, about one o'clock—I found the window broken and a shirt gone, a bundle was tied up and laid on the bed—the door was locked, but the back window was open—the bundle contained a cloak, a coat, and a waistcoat—they are worth about 40s. together—the house is in the parish of Stanwell—I occupy it myself.
BENJAMIN SLOCOCK . In consequence of an alarm I ran down to the prosecutor's cottage on the 26th of September—I got there about twelve o'clock—I looked through the bed-room window, which was shut, and saw the prisoner inside with a hat in his hand—he went out at the back window and ran away—I was about eight yards from him—I followed and took him.
GUILTY . Aged 30.— Transported tot Ten Years.
JOHN BRAID . I am a cabman, and live in Rawstorne-street, St. John-street-road. On the 18th of October I employed the prisoner Dawson to exercise a horse for me—he did not bring it back—in consequence of information I received I caused the two prisoners to be apprehended—the horse was worth 6l.—I did not authorise the prisoners or anybody to make sale of it—I only employed Dawson.
Dawson. Q. Did you not call me out of the public-house, on Thursday evening, and say I might sell it for 25s., and all I got above that I might keep? A. No, I never said so to any person—the horse was never to be sold—I never had such a thought—I asked you if you would lead it up and down to exercise, as you were almost starving, and wanted something to eat—the horse was in a very bad state—I did not tell you to take it to the knacker's and get it killed—it was not worth 6l. in the state it was then—it was worth nothing hardly at that time, but it would have been when it got well—it had been a very good horse, but had had a misfortune and fallen down—I gave you some halfpence to lead it about—I had employed you several times before.
Wire. Q. At the time you gave Dawson the horse, did you see me
with it? A. I saw you standing at the corner with it—I saw you inside the public-house and outside too.
Dawson. He brought the horse out of a livery stable, and told me to see it killed, and bring a bit of his ear back, to show that it had been killed. Witness. I did not mention such a thing to him, nor to any other person—it is not usual to have the ear back unless it is a favourite horse.
THOMAS MORGAN . I am a farrier, and live in Three Tun-court, Bun-hill-row. On the 18th of October I met the prisoners together in White-cross-street—Dawson called me by the name of "farrier" knowing me to be one, and said he was going to take a horse to the knacker's, and asked me the best place to take it to—I said my master sent his to Towell's—he is in the habit of buying horses at the point of death—I went with him to Towell—he asked 35s. for it, and Mrs. Towell gave him 30s.—Dawson gave a correct account where the horse came from—Wire waited outside the house—he told me not to say any thing to Wire unless he asked, and if he should, I was to say he sold it for 26s., but I said nothing about it.
Wire. Q. Did I ask you any thing concerning the horse? A. No—you remained at the top of the street a good way off—you saw the horse go down the street to the knacker's—you joined Dawson after it was sold, and you went away together.
MARY ANN TOWELL . I am the wife of Henry Towell, a horseslaughterer, in Bowling-street, Clerkenwell. On the evening of the 18th of October, the prisoner Dawson came with Morgan—Dawson asked if Mr. Towell was at home—I said he was not—he said he had brought a horse for sale—I asked who it belonged to—he said to his master, a tradesman living at No. 4, Old-street—I asked his name—he said, Mr. Braid—I asked what he wanted for the horse—he said 35s.—I said it was not worth that, and gave him 30s. for it.
Wire. Q. Did you see me at all? A. No.
JOHN BRAID re-examined. I am quite certain I did not authorise Dawson to sell it at all—it was not fit for my work, but I did not mean to have it slaughtered—I meant to keep it to get better—the knee was cut very badly—I could have worked it in less than six months, or I should have slaughtered it.
Dawson. If it had been cured-it would have had a stiff joint. Witness. I am quite positive I never authorised him to sell it—it had been having physic, and I gave it him to walk up and down Old-street—I have known him about twelve months—I have not employed him often—only he came to me and said he was starving, and should be glad if I would give him a few pence to lead the horse about.
Dawson. I was not starving—I have kept you instead of your keeping me—I have paid for his bed when he was sleeping in a stable, Witness I never had any thing to do with him—I never wanted a bed in my life—he never lent me any money—he was in the habit of taking cabs from our stand and leaving them at different stands—I have not sold the horse for 30s.—I have trusted it to a person, named Match, to sell it for what he could get for it since.
Dawson. He wanted me to lead it about as he had repented of his bargain, and wished me to do the best I could with it. Witness. I did not—I only trusted it to him to exercise—I have not sold it to Ford a
knacker—I do not know what the person I gave it to has done—I had the prisoner taken up the same night.
Dawson, He was out with his cab—I should have made the money up in the morning—we were like brothers together. Witness. We were not—I do not know what has become of the roller and clothing of the horse.
MRS. TOWELL re-examined, I had nothing to do with the roller and cloth.
Dawson. I cannot say where the horse-cloth was—I had it with me when I went into the public-house—whether I left it there or at the shop, I cannot say.
Wire. I saw a man named Graves rolling and buckling the horsecloth up.
DAWSON— GUILTY . Aged 28. Transported for Ten Years.
WIRE— NOT GUILTY .
WILLIAM HEYWOOD . I live in Goodge-street, Fitzroy-square, I saw the prisoner and some other boys, on the night of the 11th of October, go out of Grays Inn-road into Acton-street—the prisoner had four brooms and brushes tied up in an apron—I heard the prisoner say "I have got them all right, let us be off"—I followed and took him—he hid himself under a van in a cow-yard—I took him out with the four brushes tied in his apron—he said he was to have had 2d. for carrying them across a field.
JOSEPH BONE (police-constable E 98.) I received the prisoner in charge, with the brushes—he said there were three or four more with him, and one of them was to give him 2d. to carry them—I asked where he lived—he said in Seven Dials, but I found he lived in Spitalfields.
WILLIAM HUNT . I live in Chichester-place, Gray's-Inn-road, about two hundred yards from where the prisoner was stopped. I missed these brushes from my door, about half-past seven o'clock that night—they were inside the door-post, but they could be reached from the outside.
GUILTY . Aged 16.— Confined Three Months.
GEORGE THORNTON (police-constable E 91.) On the afternoon of the 9th of October, I was in Bainbridge-street, about five o'clock, and saw the prisoner following a gentleman—he put his hand into the gentleman's pocket behind, and took this handkerchief, and turned up Jones's-court—he then held it up, put it into his right-hand jacket pocket, and walked away—I ran after him, seized him by the collar, and said, "Here, I want you"—he said, "Then you won't have me"—he struggled, and in the struggle I took
the handkerchief from his pocket, and put it into mine—he got into a potato shop, took up a two-pound weight, and said, "Now, you b----, will you let me go?"—I said I would not, and he threw it at me, but it missed me—a mob of about three hundred collected, and he struck me in the face seized me by my * * *, and said, "Now, you b----, I will tear you * * * out"—he struck me, and bit my hand—I bled from the blown from his fist—I was four days under the doctor's hands, and had not my brother constable come up to assist me I should have been murdered by the mob—I called on a housekeeper to assist me, but he would not—I was dreadfully knocked about—I did not see who the gentleman was—he went on.
Prisoner. The blood on his face was from my head, where he struck me with his truncheon. Witness. I never struck him till my brother constable came up—my face was covered with blood, and so were my clothes—it was four or five minutes before assistance came.
Prisoner. The handkerchief is my brother's, he left it me when he went to America, six weeks ago. Witness. The prisoner said there was no initials on it, but there is A. M. on it.
WILLIAM CROSS . I am a policeman. I was on duty in High-street, and went to Church-street in consequence of information—I saw a crowd round the officer—the prisoner struck him two or three times in my presence before I could get to his assistance—the mob were assisting the prisoner.
Prisoner. I did not see him till he took me—I said I would go with him—at the time the policeman took hold of me he was coining out of a bad house with a prostitute.
GEORGE THORNTON re-examined. I was not coming out of a brothel—Jones'-court has nothing but thieves and prostitutes living there—not a person can pass through Bainbridge-street but they have their pockets picked by such persons as the prisoner.
Prisoner. I took the handkerchief off my neck, and went up the court to fold it up when he took hold of me.
GUILTY .* Aged 19.— Transported for Fifteen Years.
NEW COURT.—Monday, October 30th, 1837.
Sixth Jury, before Mr. Common Sergeant.
2347. JOHN RUTTEK, senior, and JOHN RUTTER, junior, were indicted for stealing, on the 4th of October, twelve sovereigns, 1 half-sovereign, 7 shillings, and 1 sixpence; the monies of James Peddle, from his person.
(MR. ADOLPHUS declined the Prosecution.)
NOT GUILTY .
THOMAS OTTERY . I am a general dealer, and live in Lower East Smithfield. I lost a truck from Rogers-court, near Hermitage-bridge, on the 3rd of June—I saw it again on the 17th of October—I had made it myself.
Cross-examined by MR. PHILLIPS. Q. You made it of ash? A. I thought it was ash, and said so—I have a part of the wood by me.
JOHN GEORGE WOOLA . I deal in carts, and live in Suffolk-street, Cambridge-road. The prisoner applied to me to buy a pair of old coach-wheels and axletrees—I bought this truck body of him in the early part of
June, about the 2nd or 3rd, I should think—I sold it to James Widders—I gave about 16s. or 17s. for it—that was full the extent of the value—the prisoner gave me the name of David Otway.
Cross-examined. Q. I believe you would be very sorry to swear that this truck is the one you bought? A. I would swear it is the truck I bought of the prisoner—I swore to it before the Justices, but I said it was so long since I had almost forgotten the circumstance.
COURT? Q. Are you sure that the truck you bought of the prisoner is the one you sold to Widders? A. Yes.
JAMES WIDDERS . I bought the body of the truck on the 8th, and the wheels and axletree on the 14th, of Woola—I sold it to Spooner, who is not here—I could swear to the truck—I should think there was not another like it in England.
Cross-examined. Q. What wood is it? A. I cannot tell, but it is made in a particular manner—I have not cut it to try the wood.
MR. PHILLIPS. Q. Did you tell Mr. Smith you made it of ash-plank? A. I thought it was ash, but I could not swear to it—it has been altered, and made another colour.
MR. PHILLIPS called
JOSEPH SMITH . I only know the prosecutor from the transactions of this track—it was my truck, I let it out on hire, and it was seized by the policeman—I lent it to a man—I forget his name—he is not here—I bought it of Mr. Geddings, on the 27th of September, for 2l. 6s., and have the receipt to show—the prosecutor told me he made the truck he lost of an ash-plank, and said he could swear to it—the prisoner is a total stranger to me.
ANN BARBER . My husband is a builder. The prisoner rents a house of us—on the 20th of May I was in his house—my daughter came and asked me to lend the prisoner a key, to get a truck into the back yard, that he could not get in at his own door—I have not seen the truck here, nor at the office—I do not believe the truck I saw on the 20th of May is the one he is accused of stealing—the one he had in the yard, and was said to be sold to Mr. Woola, was on his premises on the 20th of May, and was there a week or ten days—I went into the house on the 27th, and there was the truck.
CHARLES CHAMBERLAIN . I am a furniture broker, and live in Red Cross-street, opposite Mr. Smith's. I saw the prosecutor, and heard him say that the truck was made by him of an ash plank—he could swear to it by that, and that he gave is. 4d. for it—the truck that is found is all made of beech—I have cut it in several places to see.
NOT GUILTY .
ANN NEWELL . I am the wife of John Newell of Stafford-street. Between seven and eight o'clock on the 9th of October, the prisoner came and asked for a bed—I showed him one—he paid 9d. for it, and went up stairs—at half-past seven o'clock the next morning he came out—I went into the
room, and found the sheet was gone—I came down stairs, and told the servant, who went after him and he was taken—this is my sheet.
CATHERINE KELLY . I am the servant—I went out and saw the prisoner running down Broad-street—I called "Stop thief"—he was taken, and the sheet was picked up—he threw it down by the side of a scaffold.
Prisoner. I know nothing about it—I was running, as I had to meet a person at the Horse-guards at seven o'clock, and when I came down it was half-past seven—I took a wrong turning, not knowing exactly the way.
GUILTY . Aged 22.— Confined Three Months.
SIDNEY SMITH . The prisoner was my errand boy between three and four months—I discharged him on the 14th of October—I had missed a sovereign on the 28th of September—I afterwards met the prisoner near Storey's gate, and asked him what he had done with his watch, which he had while he lived with me—he said he had left it to be mended—I then asked what he did with the sovereign which he took out of the till—he said he did not take it—I said, "It is useless your denying it, there was no one but you"—I told him he must tell me the truth—he then said he did take it—I asked him where he left the watch—he said, "In Pimlico"—when I got there, he said it was at Knightsbridge—I then took him home, and gate him in charge—he said he bought the watch with the sovereign—he hid shown it me before he left, and said his mother gave him the money to buy it.
Prisoner. I was sweeping behind the counter and found the sovereign.
(The prisoner received a good character.)
GUILTY . Aged 14.— Confined Nine Days, and Whipped.
WILLIAM HART . I am the landlord of the Feathers, in Hart-street, Covent-garden. On the 6th of October I felt two £5 notes safe in my pocket at nearly eleven o'clock at night—I pulled my watch out of my fob, and soon after Bateman asked if I had lost any thing, and I missed the two notes—I think the prisoner was there, but I cannot swear to it—there were three persons going out in rather a hurried manner.
JOHN BATEMAN . I live in Hart-street, and am a soda-water maker On the night of the 6th of October I was in the prosecutor's parlour, about half-past eleven o'clock—the prisoner and two young men came in—they ordered some porter and pipes—one asked the other to give him a light—the prisoner went across the room, and picked up some paper—he went to his two companions—they looked, and smiled one at another, and he put the paper into his pocket—they then drank their beer, and smoked, and went away.
Cross-examined by MR. PHILLIPS. Q. Did you get any money from the prisoner. A. Yes—half a sovereign—I do not consider I am guilty—I did not tell the prosecutor, because I did not get more—I was ignorant of the law.
COURT. Q. What did you get the half-sovereign for? A. As ho said we should share and share alike—he said when he had got out, that he had found the notes.
SAMUEL MABSDEN . I was at this house. The prisoner said, "Sam, I have picked up something, make haste and drink up the beer" and when we got outside, he said be thought they were two notes, and then we ill went off.
Cross-examined. Q. You got a half-sovereign? A. Yes—I was ignorant of the law.
(The prisoner received a good character.)
GUILTY. Aged 21.—Recommended to mercy by the Prosecutor. Confined One Month.
RICHARD EMANUEL PIMLETT . I am in partnership with Mr. Rout. On Saturday night, the 14th of October, the two prisoners came to our shop—I was standing by the side of the counter—Harris came and spoke to me—I saw Mary Wilkins go out of the shop—I immediately went after her, and brought her back—I took her down to the end of the shop, and there told her she had got a habit-shirt belonging to me—the said, "I will swear I have not"—I said I was certain she had, and I would send for a policeman; upon which she immediately took a habit-shirt from under her shawl, and said, "I have nothing but a habit-shirt which I have purchased"—she had purchased one of Harris, and some flowers, but that was then on the counter—the policeman came, and I gave her into custody—the screamed most violently—the one she purchased was similar to this.
Crosss-examined by MR. PHILLIPS. Q. Were there many habit-shirts there? A. I cannot say.
HENRY HARRIS . I am shopman to the prosecutor. The prisoners came in, one of them, asked for some flowers, and purchased two—after that, one asked for habit-shirts—I showed them some—Dinah chose one, then one of them asked for another of the same pattern—I turned to get one, and when I turned again, I saw Mary take hold of the habit-shirts, and turn them over in such a manner that made me suspect she had got one—she had her hands in her lap, and then placed them on the counter, and then she did not think she should have another—I made out the bill—Mary staid all this time—Dinah said she should have hers, and I made out the bill, for one habit-shirt 1s. 6d. and two flowers 10d—she gave me a five shilling piece—I took the money to the cashier, and told Mr. Pimlett I saw Mary put something under her shawl—I had put the one I sold up in paper with the flowers—I think Mary saw that
Cross-examined. Q. How can you tell that Mary saw it? A. They Were both sitting in front of it—they were both looking at me at the time.
NOT GUILTY .
2353. THOMAS COOK, JOHN ANGELL , and ELLEY GREENEN were indicted for stealing, on the 10th of October, 2 grates, value 5s., the goods of Sir Francis Shuckburg, Bart., and fixed in a certain building against the Statute, &c.
EDWARD HUMPHREYS . I live in Draycott-street, Chelsea, and am a carpenter. I have the care of a house at No. 3, New-row—the prisoner Greenen had been lodging there—he was the only lodger in the house—he had the custody of the property—he came to me at half-past nine o'clock on the 11th of October, and said that two people were in Elizabeth-street station-house charged with stealing the stoves, that he had been and seen the stoves, and could swear to them—I believe these are them.
CHARLES JESSER . I live in Tenier-court. At twenty minutes past eleven o'clock on Tuesday evening I heard a scuffle at No. 3, and saw Angell come out with a stove on his shoulder, and a shorter man came out afterwards with something on his shoulder—I stepped back into my passage, and saw them go away.
Cross-examined by MR. PHILLIPS. Q. Did you see them go into the house? A. No; I was about five yards off—I saw them plainly—Angell passed me within about a yard and a half—I saw the stove plainly
SARAH HILL . I live in Tenier-court. I know Greenen—about a quarter to ten o'clock that evening I saw Greenen and Angell together—I hard Greenen say to Angell, "I am d—d if I think we can do it to-night now"—Angell said, "Never mind, we can do it in the morning"—they passed me, and went on towards Sloane-square.
Cross-examined Q. Do you know Mrs. Greenen? A. Yes, by being a neighbour.
LUKE NIXON . I am a policeman. I was on duty in Sloane-square that evening, and saw Angell and Cook together—they went dove the Asylum-road towards Fulham, each with a stove on his back, at half-past eleven o'clock—Cook had his one covered—we followed then to Sergeant's-row, and took them—Cook said they were his, and he took off a smock-frock that his stove was concealed with—we took them to the station-house, and then Cook said that Angell had employed him to carry it—I had seen Angell and Greenen together, going towards the New-row.
GEORGE THATCHER (police-sergeant B 17.) On the night of the 11th of October I and Nixon took Cook and Angell—we followed them from the King's-road—we had a great deal of trouble in taking them—here is a portion of the lock of the room on the second floor, where the door had been forced open.
Cook. I went to the Three Crowns—I saw Angell and Greenen-I stopped there some time, and then went to the Nell Gwynn—I then come back, and Angell asked me to come into the New-row; as he had bought an article or two of this other man, and agreed to give him 6s. for them
Greenen. I went home to fetch a bundle of my own things, which I had sold, as I was going to France—our front door could not be locked, and that other door, which the policeman has the lock of in his hand, has been off months—there was riot a word mentioned about the stoves—Angell
asked if there were any stoves in the house, and said he would know what to do with them.
(Angell received a good character.)
ANGELL— GUILTY . Aged 42.— Confined Three Months.
GREENEN— GUILTY . Aged 65.— Confined Six Months.
COOK— NOT GUILTY .
2354. SAMUEL THORPE was indicted for stealing, on the 13th of October, 1 bag, value 3d.; and 141lbs. weight of sugar, value 3l. 13s.; the goods of Joseph Raw and another.—2nd COUNT, stating them to be the goods of Anthony Scott.
MR. JERNINGHAM conducted the Prosecution.
WILLIAM GOODMAN . I am foreman to Anthony Scott and Sons, Carmen—I reside in Lower Berners-street, Commercial-road. On Friday, the 13th of October, I received warrants for fifty bags of sugar, to be conveyed from the West India Docks to Messrs. Raw and Sons, Eastcheap—I was at the Docks, and saw them loaded into one of our carts—the bags were safe in the cart when I left them, at the end of the Commercial-road, and well secured with a tarpaulin—I delivered them into the custody of James Blake, and left them all safe.
Cross-examined by MR. PRICE. Q. Did a lad drive them? A. Yes, George Winkworth—he took the cart from the West India Docks under of directions—I then gave it in charge of Blake—it was safe when I left it, to the best of my knowledge.
JAMES BLAKE . I live in Thomas-street, Whitechapels and am a carman in the employ of Messrs. Scott. I received from Mr. Goodman the cart, containing a great number of bags of sugar, to take to Messrs. Raw, of Eastcheap—when I got there I found forty-nine bags instead of fifty.
Cross-examined. Q. You know there were forty-nine? A. Yes—I did, not leave my cart at all—there was nothing taken while I was there, nor yet lost—I took the cart of a boy—Mr. Goodman called me, and gave it into my charge—I took it from the corner of King-street, Commercial-road—it appeared to have been standing there some time.
COURT to WILLIAM GOODMAN. Q. Had you been with it all the time till it got there? A. Yes—it then stood still—I left it in coming from the West India Docks to King-street; I went before it, to give an order to another man who was in front, before it got to King-street.
WILLIAM SMALL . I reside in Broad-wall, and am a porter in the employ of Mr. Joseph Raw and Son, No. 6, Eastcheap. Blake brought a load of sugar to my employers—there were forty-nine bags—there were two lots, the 30 lot ran from No. 211 to 240—No. 228 was missing—the other lot was right.
GEORGE JOHNSTONE (police-constable H 134.) I was on duty on the 13th of October, at half-past five o'clock in the evening—I observed a cab in Red Lion-street—I saw the prisoner put a bag into the cab seemingly very heavy—he then got into the cab, which came towards me—the prisoner hung his head down—it drove into the Commercial-road—I followed, and overtook it in Greenfield-street—I asked the caiman what was in the bag—he said he did not know—I asked the prisoner—he said sugar, which he had brought from Mr. Hancock, in Cannon-street, and was going to Mr. Smith, the grocer's—I followed him to Smith's door—he went and spoke to
a young man behind the counter—the prisoner came and took the bag out of the cab—Mr. Smith came from a flight of stairs, and said to the prisoner "I don't want to see you in my shop, go along"—the prisoner said, "I have brought a bag of sugar for you"—Mr. Smith said, "No, no, I cannot know any thing about it"—I said to him, "Don't you know any thing about this?"—he said, "No"—I said to the cabman, "Take it into the cab"—Mr. Smith said there was another Mr. Smith in King-street—we went there, and the man knew nothing of it—I got into the cab, and took it to the station-house, with the prisoner.
Cross-examined, Q. Have you told us every thing? A. Yes, except what passed at the station-house—the cabman was there—there was a man stood by the post, near the cab—I did not see him and the prisoner together—he stood there after the cab went off—I was asked by the Magistrate whether I saw any one help him into the cab—T said, "No, there was a man by the post"—the prisoner told me he was directed to give it to I person of the name of Smith—he did not know the number of the house—he went to the first Mr. Smith he pointed out, and said, "I am going to take it to Mr. Smith, the grocer's, "and said he had brought it from Mr. Hancock, of Cannon-street, in the City—I asked him if he knew Mr. Hancock—he said he did not, and Mr. Hancock did not know him—he aid that he had received it from him, and that he had not seen him at all—he said, "I met this Mr. Hancock at the corner of Cannon-street"—then said I, "You have not brought it from his house?"—"No," said he, "I brought it from Mr. Hancock; I met him at the corner of Cannon-street and he told me to take it to Mr. Smith's, and if I wanted a cab I could have one"—then said I, "You don't know Mr. Hancock"—"No," said he—I ran after the cab—I did not see what became of the person by the post—it did not appear that he had any thing to do with the matter—the prisoner said that he had helped him into the cab with it.
MR. JERNINGHAM. Q. He at first said he got it from Mr. Hancock, and then in going down he said it was from a man at the corner of Cannon-street? A. Yes.
THOMAS THORP . I live in Wenlock-road, City-road, and am a cab driver. On Friday, the 13th of October, I was in Whitechapel—the prisoner got into my cab—he had nothing with him—he ordered me to drive to Red Lion-street to take up—I went there—he jumped out and a man was standing by the wall with the bag, and that man helped him with the bag into the cab—the prisoner told me to drive on down Alie-street and into the Commercial-road, and when we came to the bar he said, "Have you got any halfpence?"—I said, "No"—he said, "Find six-pence and pay him, and I will pay you again"—I did so, and as I was going on to Mr. Smith's, the grocer, the policeman came up.
Cross-examined. Q. Do you swear that the other man helped the bag into the cab? A. Yes—I did not sec what became of him.
THOMAS KEENE . I am delivery foreman at the West India West India Docks On the 13th of October I delivered thirty bags of sugar to Scott's cart—there was one 228, with the Dock mark, and the plantation mark—this is it—it is No. 29, 228—the plantation mark was made in the Mauritius.
COURT to WILLIAM GOODMAN. Q. What time did you leave the cart. A. About a quarter before five o'clock—the lad was not capable of driving through the City, which was the reason I called the other men—we kept
the boy ten days after—it is a custom to have our boy there by six o'clock in the morning—he was late, and therefore we discharged him.
GUILTY. Aged 19. —Recommended to mercy. Transported for Seven Years.
JAMES HUNTLEY . I live in Upper Rathbone-place, and am a broker. About eight o'clock, on the 16th of October, the prisoner came to my shop—shortly after my little boy came in, and soon after he was gone I missed a pair of trowsers—I went out and found the prisoner in Union-street, offering them for sale.
Prisoner. I went into the shop to sell a pair of boots, and on coming out I kicked against the trowsers in the street—I took them up, and was offering them for sale.
GUILTY .* Aged 18.— Transported for Seven Years.
MARGARET MULHERON . I am the wife of George Mulheron, of Mon-mouth-street, we sell clothes. On the 14th of October, at near one o'clock, I saw the prisoner come by and snatch this gown, and the trowsers fell with it—I followed him into our passage, and he dropped the gown on the stairs.
Prisoner. Q. Did you not come to the door and say, "Oh! somebody has stolen a gown?" A. No—I said, "You have got my gown, and I will have it."
Prisoner. I had been to take home some brushes—I went in to go to the water-closet, and could not find where it was—she walked into the passage, and I said, "What is the matter?" and she said, "It is you stole the gown"—she laid hold of me, and found it on the stairs—it was seven o'clock at night and dark.
ALFRED FRISBY . I live in Tysoe-street, Wilmington-square, and am a ladies' shoemaker. I was at the Bear, in Bear-street, with another person—we were going to a singing-room—coming down Monmouth-street the a person with me was excited with liquor, and there was a female standing at the door of the rag-shop—he went to take hold of her—she went to call her husband—he took the gown and threw it at her—I pulled the person who was with me away—I looked back, and saw the prisoner in custody—I went to the Magistrate to tell the truth, and they said it would have no value there.
ALFRED FRISBY re-examined. I went with the intent to tell the story—an officer said the Court would be the proper place—I never saw the prisoner before—my friend is a printer—I know where he works, but not where he lives.
off, and then I found him in the passage—there was no other man but him there.
GUILTY . Aged 19.— Confined Six Months.
2357. MARY PETERS and ELIZABETH POWERS were indicted for stealing, on the 17th of October, 1 counterpane, value 5s.; 1 saucepan value 2s.; 1 shift, value 6d.; 2 aprons, value 6d.; and 1 sheet, value 6d.; the goods of John Lyons.
CATHERINE LYONS . I am the wife of John Lyons, and live in Queen-street, Seven Dials. On the 17th of October I met the prisoner Peters—she was in great distress, and had no place to go to—I took her my room, and allowed her to remain there till the 17th—I went that morning at six o'clock, and returned at half-past eleven, when I missed these articles.
(The prisoner Powers received a good character.)
PETERS— GUILTY . Aged 36.— Confined Six Months.
POWERS— GUILTY . Aged 42.— Confined Three Months.
MARIA EVANS . I am single, and live in King-street, Drury-lane. About seven weeks ago the prisoner came to be with me till the 25th of September, when I went out, leaving her in the care of the room—when I returned she was gone, and had taken all my clothes—the bonnet and frock she had on, but it was nearly worn out.
Prisoner, I paid for the bonnet and frock—the others I know nothing of. Witness. I never lent them to her—they were not hers.
Prisoner. I bought them of her three weeks before I left her—I used her things, and she mine—I gave her 10s. for this—she said she wanted the money, and it would be of more service to her than the things.
MARIA EVANS re-examined. She had no clothes of her own but what she stood in—she never paid me for these—I never received a farthing from the prisoner—I made the frock myself, and for myself—it will not fit her.
NOT GUILTY .
BENJAMIN THOMAS . I am shopman to Mr. William James Stevens—he has different shops—I manage one at Ratcliffe-highway. It was the duty of the prisoner to take and receive money for my master, and to account to me in the evening—it was his duty to put it into the desk, and enter it in the book—on the 5th of October I was in the shop, and one of the young men brought me a book, and desired me to see whether there was an entry of a pair of shoes—there was no such entry—Paul was at tea—I then said I wanted him to go to Mr. Stevens with me—he said he had not sold a pair of shoes that day, and knew nothing of the witness Sullivan.
Cross-examined by MR. PHILLIPS. Q. Did Sullivan know where she purchased them? A. At first she did not—I took her to our other shop next door, and then she said she purchased them there—the mark is on the shoes—I think she at first said she did not know who sold them to her—she was going out—I stopped her, and said she should give more account of them—I said the transaction was not clear, and believe I said, if some of the young men had not sold them, she must have stolen, them.
COURT. Q. These shoes are your master's? A. Yes, if they had I been bought of the prisoner, it would have been his duty to put it down, and put the money into the desk—I know the money was not in the desk, because all the money he takes is entered in this book—I added the money together, and it agreed with the book.
MARY SULLIVAN . I went into the shop for a pair of shoes, and saw the prisoner—I would not take the first pair of shoes—he gave me a second pair, I took them, and paid him 2s. 6d.—I put it down on the counter, and he took it in his hand.
Cross-examined. Q. There was a lady with you? A. Yes, I was in such a fright that I said at first that I was alone, and after that I said there was a person with me—I had not forgotten it—Mr. Thomas told me that unless I could account for buying the shoes, I must have stolen them—I said at first I did not know the name of the shop—Ellen Sullivan was with me—her husband is no relation to me—I have known her about three or four months—I was not walking with her, but she came into the shop because she used to deal there—she took me into the shop by accident—we both went in together—I do not know what o'clock it was when I met her—I was not above half an hour there—I had been out looking for a place—we were together about an hour—I wanted to buy a bit of cloth—I went in the first time to buy a pair of shoes—we had not engaged together to go to that shop—she called me in there—her sister used to deal there—I used to buy my shoes lower down in the Highway, but this shop was nearer than any other—I went to the shop next door to buy linen, and did not know the two shops belonged to the same master—I put the shoes down on the counter, and the young man belonging to the same firm recognised them, and took them—I did not go into that shop against my will—I bought a yard and a quarter of linen—Ellen Sullivan did not go into that shop with me—I went to the shoe-shop at half-past ten o'clock—I did not stop any longer with her after I left the shoe-shop—I had been out all day looking for a place—at five o'clock in the evening I went into the next shop—I was at my friend's for two or three hours—I forget the name of the friend, and the house I was at.
COURT. Q. What are you? A. I am living down at Wapping—I have been in place—I mind children down there—they did not search me when they found me in the shop at five o'clock—I do not know how many persons
there were in the shop when I first went in—I laid the 2s. 6d. on the counter.
ELLEN SULLIVAN . I am married, and live at Wapping. I remember on the 5th of October Mary Sullivan asked me to go to buy a pair of shoes—we went, between ten and eleven o'clock, to the prosecutor's shop—my sister-in-law was in the habit of buying shoes there, and I took her in there—the young man brought her a pair—I should know him again among a thousand men—she did not like the first pair—the second pair I agreed for—he asked 3s.—I said she should not give any more than 2s. 6d.—she paid for them—he went inside, and got a small piece of paper.
Cross-examined. Q. You went home to Wapping? A. Yes—I went off immediately after she bought the shoes—she was out of a situation then, and was living as a stranger with me—we live in the same house, but do not sleep in the same house—she has been at work a week or two—she has no place now—she is in a place of all-work—she gets 1s. a week for helping to clean the house—we had walked all the way from Wapping, wich is more than a quarter of a mile—I did not go directly from my house to the shop, because I went to the doctor with the child, and she asked me to go to buy the shoes—we were surprised that she did not come home—she told me she went to a friend of hers in Bethnal-green, to get refreshment—no one but the prisoner was in the shop when I paid for these shoes, there was no other customer—Sullivan said she had never been in that shop before—she slept in the same house as me, down in the kitchen, with my mother-in-law.
NOT GUILTY ,
JOHN LAW . I live in Skinner's-place, Somers-town. I received my quarter's pension in Oxford-street, on the 13th of October, about one o'clock, and met the two prisoners—I went to an ale-house—I had three sovereigns, three half-crowns, two shillings, and a sixpence—I drank with them, but did not get drunk—Uriah Smith forced me out of the house, and threw me down, and stunned me—George was in the same company, but not near me—I do not recollect his putting his hand on me—when I got up I was stunned—I walked a considerable distance, and when I came to myself I found my money was gone—I went back to the public-house, and the landlord went after them, but could not find them—I had some duplicates in my pocket, tied up in my handkerchief, and I found them still in my pocket.
Cross-examined by MR. PAYNE. Q. Were you not drunk at all? A. I cannot say that I was drunk then—three or four men can, after a long day's fatigue, have three pots of beer, without being tipsy—I had had a pint of beer before I saw the prisoners—I drank with them from one o'clock till four—I told them I was going to have a pint of beer, and they might have part—I cannot say whether we were all tipsy—we did not both fall down into the kennel together—it might be a quarter of an hour before I got back to the public-house—I went up the street, but I did not know where I was going, as I was stunned—I swear I was not drunk—I had my duplicates in my pocket, in my handkerchief, which was tied to the button-hole of my coat—I cannot say whether I got up, or any one helped me up—I lent them half a crown—I have seen Uriah before, but was not acquainted with him—I cannot say whether my son knew him—he works in the same lane.
WILLIAM MOTHERSOLE . I was at this public-house and saw these men I drinking—I saw one sovereign and a half-crown in the prosecutor's hand I—I saw Uriah force the prosecutor oat of the house—he was rather the I tone for liquor—George Smith followed them out, but did not touch I them that I saw—I did not tell the Magistrate that both the prisoners pulled I him out—Law returned in a quarter of an hour or twenty minutes, and I aid the prisoners had robbed him of nearly 4l.
Cross-examined, Q. Was not Uriah Smith in liquor? A. Yes—he I caught the prosecutor by the tail of his coat and forced him out—they had I been drinking for three hours.
CHARLES EVES . I keep the Exmouth Arms. The prisoners and Law were there—when they were coming out, Uriah Smith wanted to go home—the prosecutor seemed disposed to stop—Uriah Smith said, "You shan't, I will make you go," and he got him out, I thought in a friendly way—they struggled, and the prosecutor fell down—George Smith went out immediately after—I then went out and saw the prosecutor walking up the street—his cap fell off, George Smith picked it up and took it after him—I did not see the other prisoner then—the prosecutor came back in a quarter of an hour and said he had been robbed when they were in the tap-room—I was away for an hour, when I came up again they were going away—ours is not the house where the pensions are paid—I never saw them before.
Cross-examined. Q. Did anybody come with him? A. Yes; a female—it was about seven o'clock.
URIAH SMITH— GUILTY . Aged 27.— Transported for Fifteen Years.
GEORGE SMITH— NOT GUILTY .
Fifth Jury, before Mr. Sergeant Arabin.
JAMES PLUMMER . I am brewer to Messrs. Goding, of the Belvidere-road. About one o'clock in the day, on the 23rd of October, I was on Westminster-bridge—my friend called my attention—I turned and my handkerchief was gone—a man was running—my friend had got the prisoner, and said, "I have got the one that took it, you go and take the we that has got it," but that man escaped.
JOHN SAXBY JARVIS . I was walking with the prosecutor and observed the prisoner pick his pocket—I secured him—I saw him give the handkerchief to another boy—I told my friend to run after the boy, but he could not catch him.
Prisoner. I am quite innocent.
GUILTY . * Aged 17.— Transported for Ten Years
HENRY WILLIAMS (police-constable D 51.) Between two and three o'clock last Monday I saw the prisoners, and watched them—I had seen them together with another not in custody—I followed them to the prosecutor's shop in Crawford-street, and saw Kirwin go and lay hold of some boots outside the door—he did not take them, but came to the other two—then Daley went and got them and gave them to Kirwin—I followed him, and he sat himself down on the step and begged to be forgiven.
Cross-examined by MR. DOANE. Q. On whom did you find them? A. Kirwin dropped them on the stones—I was not engaged in running after the third man—I never lost sight of them.
Cross-examined, Q. Had you seen them shortly before? A. Yes—I was in the shop—a boy came and gave some information—I found a gap in the shoes and the string cut.
(The prisoners received a good character.)
KIRWIN— GUILTY . Aged 17.
DALEY— GUILTY . Aged 16.
Confined Three Months.
JOHN DAVIS . I am a silk manufacturer. Between two and three o'clock on the afternoon of the 21st of October, I was passing down Drury-lane, towards Holborn, and felt a sudden jerk at my pocket—I instantly turned and saw the prisoner on my right with the handkerchief in his hand—I collared him and took it from his hand—he begged of me to let him go, saying he would not do it again—I kept him till the officer came, and gave him to him—this is my property.
GUILTY . Aged 22.— Confined Six Months.
JAMES ALLEN . I am in the service of Hannah Page, who keeps an oil and tallow warehouse in Crawford-street. On the 17th of October, the prisoner went into the shop—(I think I have seen him before as a customer)—I was in the cart at the door—there were four people in the shop at the counter—I went in and saw the prisoner cover down the lid of his basket—I saw there was more than one brush in it—he went out—I went out and saw him at the end of Seymour-street—he went on to Dorset-street—I still pursued, and he ran off—I gained on him and he threw the brushes down—I pursued him to Shouldham-street and there collared him—he said it was not him—I said it was—he made an excuse to go into a public-house—I said he should not—he got from me and went into a public-house, and a man, who I thought was outside our door when he went in, put his hand to my chest and prevented me going in—I looked through and saw the prisoner going out at the other door—I got away, pursued him and took him—I was then in Seymour-place—the policeman came up and took him.
Cross-examined by MR. JONES. Q. Had you known him before? A. I have seen him—I only lost sight of him from the time he went
out of the shop till I saw him at the end of Dorset-street, nearly fifty yards off—I charged him with taking these brushes before and after he came out of the public-house—he got away twice before be went into the public-house—I said I was going to take him to my mistress—he then went quietly until he got to the baker's window—he was rather fresh.
Cross-examined, Q. You know he was drunk? A. He had been drinking—I cannot say he was drunk—I do not believe he was—we thought he was not fit to go before the Magistrate, because he had been drinking—he attempted to hang himself in the evening
(The prisoner received a good character.)
GUILTY. Aged 36.—Recommended to mercy. — Confined Six Weeks.
WILLIAM NICHOLLS . I work for Mr. Sharp, a hair-dresser, in the Haymarket. On the 17th of October I was in the shop—Mr. Sharp said, "Those boys are picking that gentleman's pocket"—I ran out and saw Murphy taking a handkerchief from a gentleman's pocket—he dropped it—I took it up, and followed him to the end of the Haymarket, then he stopped and made fight—I was obliged to strike him—he got away, and ran to Regent-street—I followed him, and there I felt some stones coming at my back—I turned, and saw Jones throwing the stones at me—the officer took him—I still followed Murphy, and took him,—Jones was dose behind Murphy when the handkerchief was taken—I did not look after the gentleman.
Murphy. He took me before the Magistrate, and said that he did not see me take the handkerchief. Witness. No—I said I saw you draw it, and you dropped it as soon as you saw me.
Jones. I saw this man take hold of Murphy, and he took his jacket all to pieces—I heaved a stone at him because he was ill-using Murphy, but I had never seen Murphy before.
(The prisoner Murphy received a good character.)
MURPHY— GUILTY . Aged 17.— Confined Three Months.
JONES— NOT GUILTY .
WILLIAM THOMPSON . On the 14th of October I. was in Upper Seymour-street—the house was open on view, previous to a sale—I was put in charge by the auctioneer, Mr. Harry Phillips—about five o'clock I saw the prisoner going out—I observed something square on his back, under his coat—I went, and desired him to come back, and I found it was this glass—he said he took it from distress, and begged to be forgiven.
GUILTY . Aged 34.— Confined One Month.
JOHN REFFOLD . I am a potato salesman. I was in Covent-garden on the 21st of October, and went into the White Horse public-house between eight and nine o'clock in the evening—I left at a little past nine o'clock—I left a shirt tied up in a cloth on the tap-room table—the prisoner was there—I had known him before as a porter—I was absent a quarter of an hour—I then went back, and my shirt was gone.
Prisoner. We were drinking with five or six more till about nine o'clock in the evening, and then we found this shirt in a cloth—I picked it up, and no one owned it—one of the party said, "Take it to the pawn-shop till Monday morning, and then if the person comes you can give it him.
GUILTY . Aged 56.— Confined Six Weeks.
WILLIAN HOOKER . I am a policeman. On the 18th of October I was in Green-court, and saw the prisoner pass me—I turned and saw him look very hard at a shop, and then go on to Oxford-street—I went to him, tapped him on the shoulder, and said, "What have you got?"—he said, "Nothing"—I then saw he had got some lead under his shirt next his body, and in his pocket I found this knife—he said, "Don't take me, I work for Mr. Mivart, I would not have him know it for the world, he would transport me."
Cross-examined by MR. DOANE. Q. Was it attached to Mr. Mivart's house? A. Some part of his premises—Mr. Mivart ordered me to place it there, but my bill was not sent in—I fixed lead at Mr. Mivart's, and have loose lead lying there now, but this corresponds with lead fixed on the building—it was loose lead.
(The prisoner received a good character.)
GUILTY. Aged 35.—Recommended to mercy by the Prosecutor. — Confined Six Weeks.
2369. MARY ANN CARTER was indicted for feloniously receiving, on the 28th of September, of a certain evil-disposed person, 1 work-box, value 8l., the goods of Lucy Leuchars, well knowing the same to have been feloniously stolen; against the Statute, &c.
WILLIAM LEUCHARS . I am the son of Lucy Leuchars, of Piccadilly, a dressing-case maker. On the 28th of September I lost from the shop a work-box, about half-past six o'clock in the evening—it was near the door—I sent to the different pawnbrokers, and desired it to be stopped, and in the course of that evening I received information that a woman had been. stopped.
I heard about this, and stopped the prisoner, who brought this case that evening, and sent out for a policeman—she said Bill Lewis gave it her, and if the policeman would come out with her she would point him out.
Cross-examined by MR. PAYNE. Q. Did she come for any other purpose? A. Not that I know of—I was not in the shop when she first came in—there were no seals in pledge that I am aware of—I believe she said there were.
MICHAEL FOX . I am a policeman. I took the prisoner—she told me that she received the box from Bill Lewis to pledge, and he gave her 1s. for it—on the second examination, she said a man of the name of Bonney gave it her, and not Lewis.
(The prisoner received a good character.)
GUILTY. Aged 17.—Recommended to mercy by the Prosecutor. — Confined Nine Months.
MR. JONES conducted the Prosecution.
ELIZABETH CRIPPS . I am the wife of John Cripps, and live in Vine-court, Drury-lane. The prisoner was an acquaintance of my husband's—on Saturday, the 21st of October, he came to my room while I was at breakfast—after breakfast we all three left the room—the bed and sheet were then safe—I put the key into my pocket—I and my husband returned between twelve and one o'clock at night, and found the door locked—I missed the bed and sheet—I have sinee seen the bed in possession of Mitchell.
JOHN CRIPPS . I am a salesman in Covent-garden-market. The prisoner called on me—we went out together—we had a few pints of half and-half, between one and two o'clock in the afternoon—he left me between six and seven o'clock in the evening at Mr. Belcher's—he came to me again between eleven and twelve o'clock—I still sat and drank with him—I went home with my wife between twelve and one o'clock, and then missed the bed.
Cross-examined by MR. DOANE. Q. How long had you been in these lodgings? A. Only from the Friday—I left my last lodging rather suddenly, as I owed a few weeks' rent—I have known the prisoner three years—I once had this bed in pawn for 35s. at Mr. Townsend's—the prisoner has never been bail for me but once—that was for a drunken row—the policemen have taken me up at different times, once for buying a piece of beef—I was sent to prison for three months through drunkenness.
MR. JONES. Q. Have you known this man two or three years? A. Yes—I was discharged for buying the piece of beef—the prisoner lived in Clement's-lane.
ROBERT MITCHELL . I am shopman to Mr. Linton, a pawnbroker, in North-place, Gray's Inn-lane. I have a bed pawned on the 21st of October by the prisoner for 1l. 5s.—I asked him where he lived—he said, "John Turner, Petticoat-lane."
Cross-examined. Q. Do you know whether there were any other persons in the shop? A. Yes, there was one with a blue apron on.
(Property produced, and sworn to.)
Tuesday, between ten and eleven o'clock in the forenoon—it was pledged in Gray's Inn-lane for 1l. 5s., in the name of John Turner, Petticoat-lane"—I wanted to buy the ticket—he would not do that—he wanted me to give him the 1l. 5s. and said he would go and get it.
MR. DOANE to ELIZABETH CRIPPS. Q. Did you not charge the landlady with stealing this bed? A. Yes—there was a boy from whose information I was induced to do so.
MR. JONES. Q. What became of the landlady? A. She was locked up—she offered a reward for the thief, and the prisoner was taken.
GUILTY , Aged 33.— Confined Three Months.
OLD COURT—Tuesday, October 31st, 1837.
Second Jury, before Mr. Sergeant Arabin.
CHARLES HESSEY COCK . I am a wine-merchant, and live in Dunster-court, Mincing-lane. On the 23rd of October, about eight o'clock in the evening, I went to Mr. Beckett's shop, and saw the prisoner standing with his back towards the wall—I saw him take down a pair of boots from the wall, and attempt to put them into a blue bag which he had—he saw me and laid them down, but in a few, minutes I saw him take another pair, and put them into his bag—I told the shopman, and saw him take the boots out of the bag.
Cross-examined by MR. PHILLIPS. Q. Do you mean to say that after he saw you watching him he did this? A. Yes—he appeared sober.
JOHN CHEW . I am in the service of Mr. George Beckett. The prisoner has worked for him—Cock gave me information—I went up to the prisoner and asked him what he wanted, whether it was work—he said, "I want to see Mr. Beckett, to draw 2s. 6d."—I said, "What have you in your bag?"—he said, "Work"—I said, "Let me see it?"—he refused, and we had a scuffle for the bag—at last I got it, and took the boots out, and gave him in charge—he had no business with them—these are them.
Cross-examined. Q. Are these boots finished? A. Yes—there was nothing to be done to them that he could do—the prisoner always conducted himself properly.
GUILTY . Aged 27.— Confined One Month.
JOHN HAWKINGS . I am an upholsterer. On the 17th of October I was at a public sale-room in Seymour-street, in the drawing-room—while the sale was going on, I felt a pull at my pocket, I turned round, and the prisoners were behind, me Ralph was nearest to me, but both stood by me—I observed a person in the room behind them turning to leave the room—I followed him, thinking he might have my handkerchief—I considered Ralph had taken it, and might have given it to the man who I followed out of the room—as he turned the stairs he looked a respectable person, and I turned back, and observed the two prisoners together in conversation with each other, one leaning on the other's shoulder—I waited a few minutes, and told one of the porters to report to the auctioneer that I missed my handkerchief
—I kept my eye on them—I afterwards saw them searched, and my handkerchief was found on Charles—this is it—(looking at it.)
Cross-examined by MR. PHILLIPS. Q. What mark have you on it? A. The letters J. H.
THOMAS HENRY THOMPSON . I am a police-sergeant. I was on duty on Tuesday, the 17th, and was sent for—I went into the sale-room, and Charles was given into my custody—I searched him at the bottom of the stairs, as he was charged with picking pockets, and found on him a silver watch, a silk purse, with three sovereigns and a half and some silver in it—and two handkerchiefs, one a red one, and one claimed by Mr. Hawkings—that was in his right-hand coat-pocket—the other was in his hat—he said, "How many handkerchiefs have you taken?"—I said, "Two"—he said, "You have not taken two"—Ralph was brought down, and I took him into custody—and Lloyd gave me two more handkerchiefs.
HENRY LLOYD . I am a porter, and was attending the sale. Mr. Hawkings told me he had lost his handkerchief—I named it to Mr. Phillips, the auctioneer, who ordered the door to be shut, and any suspicious person detained—directly he spoke Ralph was heard to drop an ivory rule—I did not see him drop it—a person in the room said in his hearing that he had dropped it, and he denied it—I held him—Mr. Phillips said he was to be given into custody—he said he had nothing about him, and did not mind being searched—I took two silk handkerchiefs from his hat.
(MR. PHILLIPS, on the part of the prisoner Ralph, stated that he acknowledged to taking the handkerchief and putting it into the pocket of his brother, who was unconscious of what he had done.)
RALPH COOK— GUILTY .
CHARLES COOK— NOT GUILTY .
LEITCH RITCHIE . I was at the sale. I did not feel my pocket picked—I recollect having my handkerchief in my pocket, and a few minutes after I missed it—I had used it shortly before—I turned round and observed the prisoner Ralph at some distance from me, going away—I did not see Charles at all.
(Property produced, and sworn to.)
RALPH COOK— GUILTY . Aged.— Transported for Ten Years. CHARLES COOK— NOT GUILTY .
RICHARD SCRIVENER . I am porter at Reeds and Co., of Aldennanbury. On the night of the 22nd of October I was near the Exchange, and felt my pocket picked—I turned round and looked, and the prisoner was running away—I called, "Stop thief," and pursued him—he was stopped, and the watchman produced my handkerchief—this is it.
away when I was within a yard and a half of him—I did not lose sight of him at all—the officer took him.
PHILLIP TURNER . I am a policeman. I was on duty and heard the alarm, and saw the prisoner running—I stopped him, and took him to the station-house—I found the handkerchief by the Insurance office, when he had run, and where the witness pointed out.
GUILTY . Aged 18— Transported for Ten Years.
WILLIAM WILLIAMS . I am one of the City-police. On the 21st of October I took the prisoner in charge at the house of Richard Philip High-ham, in Bishopsgate-street—the prisoner was charged with stealing a pair of trowsers, which I produce—he said he had done it through having a quarrel with his mother in the morning—that he had no work, and was determined to do something—he did not deny that they were Mr. High-ham's property—he said they were Mr. Higham's—he is not here—he is a pawnbroker.
GUILTY .* Aged 20.— Transported for Fourteen Years.
Before Mr. Justice Coltman.
2376. WILLIAM HOGAN was indicted for unlawfully, maliciously, and feloniously assaulting Charles Randyll, at St. John Wapping, and cutting and wounding him upon his face, with intent feloniously, willfully, and of his malice aforethought, to kill and murder him.—2nd COUNT, stating his intent to be to maim and disable him.—3rd COUNT, to do him some grievous bodily harm.
MR. PAYNE conducted the Prosecution.
CHARLES RANDYLL (police-constable H 68.) On Saturday night, the 23rd of September, I was on duty in East Smithfield, at half-past eleven o'clock, and saw the prisoner playing the bagpipes in the street—he collected a large crowd round him, and I observed prostitutes and thieves among them—I told him it could not be allowed for him to play at that time of night, and he must go on—he said, he would be d----and b----if he would—I took hold of him by the shoulder, and slightly pushed him did not strike him any blow nor take out my staff—he put his hand into the inside pocket of his coat, and pulled out the blade of a razor—I did not know what it was at that time—he drew it across my face—it came through my mouth and cut me on the other side—I then seized hold oil him by the wrist and collar—we struggled together, and both fell—I get up afterwards, turned my light on, and saw the blood dropping from my face—I had my dark lantern on my belt—I saw the prisoner's hand at the time I turned on my light, and he had the blade of a razor put into two pieces of horn, and tied with string—Fisher came to my assistance—I went to the hospital, and got my wound sewn up—I lost a good deal of blood.
Cross-examined by MR. PHILLIPS. Q. Do you mean to say you have given a correct account of the transaction A. Yes—I have kept nothing back—there might be fifty people collected together, or perhaps more—I cannot tell to a few—it was in Upper East Smithfield, opposite the London Docks—it is not a very narrow street—there is room enough for three carriages
to go abreast—it was lighted with gas—I had my uniform on—it was a fortnight before my wound was healed—I am not able to say how deep it was.
ALFRED FISHER (police-constable H 81.) I was on duty in East Smithfield, on Saturday, the 23rd of September, and saw the prisoner there about half-past eleven o'clock at night—he was playing on the bagpipes—there was a crowd of persons gathered round—the generality of the were prostitutes and thieves—I saw Randyll go up to the prisoner, and tell him it was time for him to be going, he would not allow him to stop there any longer—the prisoner said he would see him b----first, before he would go—Randyll said if he did not go he should take him into custody—he paid no attention to that—Randyll then caught hold of him by the shoulder, and gave him a slight shove, but did not strike him any blow, nor use his staff at all—the prisoner directly put his hand into his pocket, drew this razor out, and at him back-handed across the face with it—they both clung together and fell down—I assisted in keeping the prisoner down, while another man came up and took the razor from his hand—I saw it taken from Mi hood, and know this is the razor—Sergeant Bell came up shortly after, add with his assistance the prisoner was taken to the station-house—as be went along, he said repeatedly that he wished he had cut life b----head off—he was rather resolute—Randyll did not draw his staff at all.
Cross-examined. Q. Did you observe any bruises on the prisoner? A. I did not—I swear that—not at that time—I observed a bruise on him when before the Magistrate—he did not complain of any ill-usage that night.
MR. PAYNE. Q. Both Randyll and he fell to the ground? A. Yes—there was no violence used to him further than was necessary to secure him properly—he complained before the Magistrate that he bad been ill-used, by the police beating him with their staves—he made no such: complaint at the station-house—neither I nor Randyll used our stares in beating him, nor did any other policeman that I saw.
MR. PHILLIPS to C. RANDYLL. Q. Did you see Dallas before the Magistrate? A. Yes; he appeared to be a carpenter of a ship—I heard him examined—I did not throw the prisoner down on his back before we struggled together—I did not give him a shove to make him fall down—I swear that he did not fall down and get up—I do not recollect saying to him, Iconsider you are tipsy"—he was the worse for liquor—I will not swear I did not say he was the worse for liquor, but I do not remember it—I might hare said it.
Q. Did hot the prisoner say to you, It is good for your d----head I am tipsy, or I would twist it off?" A. He said some words—I do not recollect his saying he was tipsy—he made use of some expression, but I could not heard what it was—I did not shove him at all before I collared him—I should think it is near a fortnight since I saw Dallas—he was at his lodging—I did not go there to look for him to-day—he lived in John's-hill Ratcliffe-highway—I am told he is gone to sea—I saw his landlady last Thursday, and she informed me he was gone to the South Seas—I have not done any thing to keep him out of the way.
COURT. Q. What did you go to the landlady for last Thursday? A. To ask her if the man was expected to be in London—I went before the Grand jury the same morning, I went to his lodging to bring him before the Grand Jury.
(MR. PHILLIPS on the part of the prisoner stated that the whole of his Defence rested on the evidence of Dallas, who was bound over as a witness for
the Prosecution, and had he known of his absence, he should have moved the Court to postpone the trial. MR. PAYNE as counsel for the Prosecution, under these circumstances, consented to the deposition of Dallas before the Magistrate being given in evidence, which was as follows;)—read—
"Williom Dallas says—I am a shipwright, and live at No. 5, John's-hill Ratcliffe-highway—as I was coming along I heard the policeman order the prisoner away, and desire him not to make a noise in the street—the piper went away for about two minutes, then came back again, and began quarrel with the policeman, who told him it was his duty to clear the street, and he must go on—the policeman said, 'I consider you are tips and if you do not go, I shall take you to the station-house'—the prisoner said, ' It is good for your d----head I am tipsy, or else I would twist it off for you'—the policeman gave him a shove, and said, 'You have nothing to do with my head,' and the prisoner fell down on his back—he got up immediately, and made a rush as if to go away, but turned on bit heel, and went and struck the policeman—the policeman got hold of hit arm, and twisted him down, and the policeman called out for assistance, and said, 'I am wounded'—I was standing by, and went and laid hold of the prisoner, and saw the knife in his hand—the policeman's face was bleeding very much, and I held my handkerchief to his face—the instrument now produced is the same I saw in the prisoner's hand—the policeman did not strike him with his staff—I did not see his staff while I was there."
(Signed) "WILLIAM DALLAS.
(The prisoner received a good character.)
GUILTY of the assault only. Aged 33.— Confined Three Years.
Before Mr. Baron Bolland.
2377. EDWARD DOLAND was indicted for a robbery on John Parsons, on the 9th of October, at St. Marylebone, putting him in fear, and taking from his person, and against his will, 1 half-crown, 10 shillings, and 3 sixpences; his monies; and immediately before, and at the time of such robbery, feloniously beating and striking the said John Parsons.
JOHN PARSONS . I drive a cab, and live at No. 1, Edward-street, Dorsetsquare, Marylebone. On the 9th of October I had put my cab up and was coming home, along Queen-street, Edgeware-road, about twelve o'clock, as near as I can tell, a few minutes before or after—I had my left hand in my breeches pocket and my right hand out—my money was in ray left hand pocket, which my hand was in—I had 14s.—to the best of my recollection it was a half-crown, ten shillings, and three sixpences—I had no other money—I was coming along and saw four men coming along, meeting me—they were walking together, side by side, on the footpath—the prisoner was one of them—just as I got up to them the prisoner said, Who the b----h----are you?" and he knocked me down at that moment with his fist—he struck me over the side of the head, just over the eye—as I fell I pulled my hand out of my pocket to save myself—I fell on my hand and cut it, and at the time the pocket and money came out with my hand, and the money was scattered about on the ground—it was a very fine night—I was insensible for the moment from the blow, and was stunned—on coming to myself I asked the prisoner why he had hit me, as I did not say any thing to him, and said, "Don't take my money away, it is all I have"—I saw them picking my money up at the time, which made me ask them not to take it away—the prisoner was picking it up and the other three also—I addressed myself to them all—the prisoner then said, "You b----, I will beat your b----brains out"—I ran from
him on his saying that, and ho after mo—I ran about twenty of thirty I yards, and he then returned to the others and began picking up and looking I for some more money—the prisoner and another then went down Horras-street—the others stood at the top of the street, and remained there—I left I them there—I forgot to mention that I had called, "Police," but none had beard me—that was when I first got up, after being knocked down—I then went in search of a policeman, and the first I saw was going up Homer-street about a hundred yards from where I was knocked down—I told him—he said he was very sorry, but he dared not go into that place without some other constables, for fear of getting his brains knocked out—he went along wit me, and we met Hardy, the policeman—he called some more to his assistance, who came—I think there were six or seven altogether—two of the went with me into Queen-street, and the others went to the other end of Horras-street, and I saw the prisoner standing with some more at the bottom of the street—I should say there were ten or a dozen together, men and women—I said to Hardy, That is the man who knocked me down"—I was very close to him, and pointed him out—the prisoner never spoke bat ran into a private house, the door of which was open, and when he but ran in, the light which had been burning was put out—he then by some means got out of the house and ran up a court—I did not see him ran up the court, but I saw the policeman bring him down—the policeman had gone into the house, and I remained there—where he found him I do not know, but he brought him back to where I was, and I said, "That is the man that knocked me down"—the prisoner said, I am in a b----pretty ness now"—I accompanied them to the station-house, and in going along lie said, I never was in such a b----of a mess as this before"—I am quite certain the prisoner is the man who struck me, and I am quite certain I saw him pick the money up which fell from me—I did not see how much lie picked up.
Cross-examined by MR. PHILLIPS. Q. Were you alone? A. Yes—nobody had been walking with me—I had not been drinking in any public-house—I had never seen the prisoner before, to my knowledge—I do not know that I should know the other men again—I should know one of them—I was very much frightened, but not before I received the blow—I taw the prisoner searched—to the best of my recollection a sixpence and threepence was found on him—I had not spoken to the party at all—there was nobody near me at the time I was struck—a woman opened her door right opposite, but I did not see her at the moment—she went to the police-office next morning—I did not know her at all—I never spoke to her that night—the men were dressed pretty much alike—they all had jackets on—there are a great many laboring men in that neighborhood—it is very much frequented by the lower orders of working people.
COURT. Q. You say you had put your cab up, and was returning home, do you drive a cab? A. No—I work for a man named Laws
MARY ANN LUMLEY . I am the wife of John Lumley, who is a broker, and lives in Queen-street, Edgeware-road. On the night of the 9th of October, I was in my shop about twelve o'clock—there was a candle on husband's work-bench in the shop—the door was not open, but there is a place over the shop door which we always leave open to admit light in the morning—I have known the prisoner about twelve months, and knew his face very well by sight—I believe him to be a navigator—I have heard him speak many times, and know his voice perfectly—while I was in the shop I heard the prisoner say, Who the b----h----are you?" and
instantly heard some silver money fall—I opened my shop door, and then saw the prisoner with three others, in Queen-street—the prisoner is the man I saw the instant I opened the door—he stood about the middle of the road—I saw the prosecutor a little lower down the road hallooing, "Police"—I saw the prisoner picking up the money in the road—I saw the money lying in the road—I cannot say how many pieces then were—there was more than one—I should think there were six or severs different pieces—it was silver—it was a very beautiful night—there is a gas-light exactly opposite my door, on the other side of the street—the prisoner was about a yard and a half from the gas-light, picking up the money—all four of them picked up money, and they went down Horras-street, right opposite my house—I saw Parsons after they were gone, and asked him if he would have a light to look for the money—he came up with two or three others to look if any money was left.
Cross-examined. Q. Did you know any of the other men? A. No—they were dressed like labouring men, in flannel-jackets—I was not frightened, living opposite, I am so used to them—I am not timid—it was a soon over—I did not know the nature of the case at the time—that neighbourhood is very much inhabited by the lower orders of working people—my husband was at home—he was in bed—I had been in bed myself, but got up, as my husband's sister was ill, and I was attending to be—I have seen the prisoner about there before September last—I did not know him to speak to him, but I have heard him speak many times.
JOHN HARDY (police-constable D 150.) On the night of the 9th of October I was on duty in John-street, Edgeware-road, about twelve o'clock, and saw the prosecutor—he told me he had been knocked don and robbed in Queen-street by four men, and described how he was robbed—I accompanied him and another constable to where he said he bad been knocked down—he took me to Queen-street, and I went with him into Homer-street—the prosecutor had another constable with him when I met him, but it was not the one who went with me—that was Denny (D 143)—at the door of No. 45, Horras-street, which is a lodging-house for the lower order of Irish, the prosecutor pointed the prisoner out, and said, "That is the man that knocked me down and robbed me"—he was with is five or six yards of him, and could hear what he said—the prisoner said nothing to it—he went into the house, No. 45—I went in after him, and in consequence of the room being in darkness the prisoner stepped out on observed—there was no light when I went in, but there was one before—it was put out before I got into the house—the prisoner came out of the house, and turned up a court—I did not see him come out—the prosecutor called out and said, "He is gone up the court," and I found him in a court close by the side of the house—I took hold of him, and told him he must go with me—he said, What the b----h----do you want now?"—the prosecutor said, "That is the man who knocked me down and robbed me—the prisoner said, "I was never in such a h----of a mess before"—he then became very violent, and began to kick another constable who was assisting me—there was myself, the prosecutor, and, I believe, three policemen—altogether, I think there were five of us—he resisted very much, and kicked one of the constables who was assisting me, so that he fell on the pavement—he then threw himself on the pavement, and we had very great difficulty in getting him to the station—when he was going to be locked up he said, I was never in such a h----of a mess before"—he had been
drinking, but knew perfectly well what he was about—I found on his person sixpence in silver, and 3d. in copper.
Cross-examined. Q. You searched him accurately, I suppose? A. Yes Horras-street was formerly called Cato-street—it is very much crowded with the lower order of people—the prosecutor was perfectly sober—the prisoner was dressed in the same dress navigators wear—I knew where he lived—I remember him there for three or four months, while I have been on that beat—I have seen him at No. 45—there are several other persons live there, five or six in a room, I believe—the court 1 found him in leads up to a stair-case—it is no thoroughfare.
JOHN HARDY re-examined. Q. When the prosecutor give the man in charge to you, what charge did he make? A. Knocking him down, and robbing him of 14s.—at the station-house there was some mistake about taking the charge, and it was entered as an assault, but he mentioned at the time losing 14s.
(Fanny Conolly, No. 30, Horras-street; and Mary Lewis, the wife of a bricklayer, No. 5, Horras-street; gave the prisoner a good character.)
GUILTY . Aged 27.— Confined Two Years.
Before Mr. Justice Coltman.
2378. THOMAS DONAHOO, SAMUEL KELLETT , and CATHERINE PICTON , were indicted for robbing David Duffin, on the 13th of October, at St. Mary Matfelon, alias White chapel, putting him in fear, and taking from his person, and against his will, 1 watch, value 2l.; 1 snuff box, value 6d.; and 52 sovereigns; his goods and monies; and that the said Thomas Donahoo, immediately before and at the time of such robbery, (and the said Samuel Kellett and Catherine Picton, being then and there feloniously present, aiding and assisting,) feloniously did use personal violence to the said David Duffin, by forcing him against a certain wall, and down to the ground, and placing his knee on his chest, and pressing and squeezing his neck and throat.
MR. JONES conducted the Prosecution.
DAVID DUFFIN . I belong to the North of Ireland, but have been latterly in America, in the cloth business. I arrived in this country on the 6th of October—I was living at No. 20, King-street, Tower-hill—on the evening of the 12th I was standing at St. Katharine's Docks for nearly two hours—I had been drinking at three public-houses—I believe I met with the prisoners about eight o'clock that night—I saw Donahoo first opposite St. Katharine Dock gate—I knew nothing of him before—he said he was a sailor formerly, and was one at that time, but had been out of employment—he spoke to me first—he said he was in need on some trifling assistance, and said, "Will you be so kind as to treat me?"—I said, "Yes, I never saw a sailor who I was not willing to treat or assist"—the prisoner Kellett was quite handy while I was talking to him, and he came forwards—I cannot say whether I spoke to him first, or he to me, but he was on my right band, and I said there was no sailor or soldier who I would not willingly treat—(he is a soldier)—they walked with me into a public-house opposite the Dock gate, but before that the female prisoner came up, and Donahoo introduced her as his wife, and said, would I be willing to treat his wife?—I said, "Yes, I will"s—we all went into a public-house opposite, and had something to drink, which I paid for—we staid there two hours, to the best of my knowledge, and then went to another public-house in the same street—we all went in, and had
something to drink, which I paid for, and remained there nearly two hours to the best of my knowledge—we then went to a third public-house not far off—all the prisoners were in company with me—I treated them again there, and remained there, I dare say, nearly two hours—after that we came out, and I proposed to go to my residence—Donahoo said, as I was so kind to them he wished me to go and take a cup of tea with him and his wife, and invited the soldier also—I begged to be excused, saying I had a coffee-house where I boarded, but he insisted that I should follow, and with great reluctance I consented, and we all four walked away together—it was then about half-past four o'clock in the morning—when I first met the prisoners I was neither drunk nor sober—I had taken some ale and porter—I was capable of understanding what I was about—I consider I was more sober at half-past four o'clock, when I agreed to go home to tea with them, than I was before—as capable of knowing myself as when I met with them—I did not drink much at the three public-houses—Donahoo did not say where he lived—he said it was convenient—I went with them into Angel-alley, Whitechapel—it is a lonely place—there was a wall on the left side—when I got within three feet of the further end of the alley, Donahoo took hold of me by the collar with both hands, and put me down on my back by the collar, against the wall of the alley—he put me completely down on the flags, with my hat right up against the wall—he did not say any thing at that time—the prisoner Kellett was standing within two paces of us, and the woman within three paces—neither of them said a word—Donahoo put both his knees on my chest, put his fingers or thumb on each side of my neck, and squeezed my throat, so that I could not speak—he took one of his hands away, and then I had liberty to speak, and said, "Gentlemen, for God's sake, save my life, and take all I have"—Donahoo said nothing to that, but held me by the neck with one hand, and put his other to my fob—I caught hold of my seal and held it fast, and he tore the fob away and took my watch—here is the tear it made—the fob was torn out—the ribbon broke, I held the seal and ring, and he got the watch—he then put his hand to my vest—I cannot say whether it was the right or left hand—I cannot say whether it was the same hand as he took the watch with—his hand did not depart from it throat till the watch was taken from my pocket, and the money from it vest—I am positive of that—he took a snuff-box from my vest, which had fifty-two sovereigns in it—I had also two sovereigns in a purse, besides, at the time I first met them—I changed one sovereign at the first public house, as my silver was expended—when I was in the first public-house I took my box out, took the lid off, and closed it again, and pot it into my pocket, but took no money out of it—I turned my back to ray company at the bar, as I did not wish them to know what I had in it—I know it had spent none of that money—I cannot say whether the prisoners saw the box at that time—I only looked at it, shut it, and put it into my pocket again—I had my back to them, therefore I thought they did not see it—I did not take the box out after that at all—after Donahoo took the box out of my pocket, he liberated me—he got off me, and as soon as I got on my feet, I got away as quick as I could, leaving them all three together behind me—I cannot say how long exactly T was in the alley—the other prisoners did not say or do any thing to me while Donahoo was taking the money—when he first seized hold of me, the other two were standing close by, and I saw them within a few inches of the same ground when I went away—as soon as I got into the street, I saw three or four men, and went
right forward among them, and told them I had been robbed—one of them called a policeman, who came, and I told him what had happened—about two or three hours after, I went to the station-house, and saw the three prisoners there in custody, and identified them as the persons who had been with me—I saw my watch at the office the same morning, but I have serer found my sovereigns.
Donahoo. Q. Who was in our company when we first met? A. I can only speak to you and your wife—I saw several other persons, but cannot tell who they were—any you introduced to me as friends I treated—I treated all the concern—I did not swear at the office that I met the soldier first—I said I met the sailor and the soldier about the same time—I cannot say which I spoke to first, but I believe it was the sailor—I do not recollect meeting three dragoons after coming out of the first public-house—I have no doubt I treated a waterman—I recollect three policemen being in the same public-house with us—I have no doubt of that, and one of them called me aside, and gave me a warning not to be in your company any longer—I do not recollect the policemen going with us to endeavour to get us admittance into any public-houses that were shut—I recollect treating the policemen—I ordered a treat to them, and paid for them, but I cannot say what they had—I may have treated three girls with three glasses of ale in the same house—any you introduced to me I said I would treat, but I do not recollect treating the three girls—it may have been so—the female prisoner was in our company from the first starting to the last, that I am positive of.
Donahoo. Your Lordship will find in his deposition before the Magistrate, that he said, "this woman did not meet us till four o'clock in the morning"—I wish his deposition read.
Witness (looking at his deposition.) This is my signature—(read)—"David Duffin on oath says, I have been a carder, and live at present at No. 20, King-street, Tower-hill. Last Friday week I landed at the St. Katharine's Docks, from America—I met the prisoner Kellett, the soldier, Bear the gate of St. Katharine's Docks yesterday morning about half past four o'clock—I treated him at three different public-houses—the sailor prisoner I saw about twenty minutes after I saw the soldier—the tailor represented the woman prisoner as his wife—I treated them then—then walked in company with them some distance—they brought me into an alley or lane—the sailor put me up against the wall in this alley, and then he put me down and put his knee on my chest—he put hit thumbs or his fingers under my chin to choke me—I had a watch in my pocket at the same time, and he put his hand in and tore my fob out, the best part of it, and took the watch out of it—then he put his hand into my waistcoat pocket and took out a snuff-box containing fifty-two sovereigns in gold—I said, "Gentlemen, save my life and take all I have"—the soldier was within two paces of the sailor, and the woman about three, standing by at the same time—the soldier did not put hands to me in no way—I then ran out of the alley as quick as I could—I do not know where the sailor and the other went to—I saw the constable now present (Richard Thompson) soon after I got out of the alley—I know I had my money safe not twenty minutes before 1 was robbed—my waistcoat pocket was torn as well as my fob—that was done by the sailor in taking my snuff box.
(Signed) DAVID DUFFIN. "
COURT. Q. You see, according to this statement, you said you saw the soldier twenty minutes before you saw the sailor? A. They were
in company together when I saw them—half-past four o'clock was the time they were taken—I saw them at eight o'clock, previous to that time—there is a mistake in the paper.
Donahoo. Q. Do you recollect, at the top of Whitechapel, having a bason of coffee a-piece, six of us in company, at an old woman'a stand near Aldgate pump? A. I remember that there was a cup of coffee paid for, but who paid for it I cannot tell—I did not—I certainly do remember a cup of coffee being got in the street, but there was not six had, only one, in my presence—that was nearly opposite St. Katharine's Dock gate—all the three prisoners were present at that time.
Kellett. Q. Was not I in the public-house opposite St. Katharine's Docks when you came in? A. No—I first saw you in the street—you went into the public-house with me—I cannot say how many there were in company with you—there were several in the street when I first saw you—I cannot tell whether they were in your company or not—I do not believe I went into any public-house in King-street.
MR. JONES. Q. About what time were you robbed? A. Between four and five o'clock—although there were other persons in the public-house, I was not in company with any but these three.
JOHN NOAKES . I am the proprietor of a cab, and drive it also. On the morning of the 13th of October I was standing close against the rack in Whitechapel, about five o'clock, or rather after—I was about twenty yards from Angel-alley, and heard a bit of a scuffle, and some man sung out, "For God's sake, spare my life;" and in about two minutes, or hardly that, the prosecutor ran across the road to me from Angel-alley, and said he had been robbed of fifty-two sovereigns, and a watch—he had the seal and ring in his hand at the time—he said he was robbed by a soldier, a sailor, and a woman—he said so immediately on his coming up—he seemed very such agitated, and his back was all over dust, as if he had been down on it—I saw the prisoner Donahoo about ten minutes after, in custody of the police man, near Angel-alley—I saw Kellett come out of the alley first—that was not above five or six minutes after the prosecutor came to me—I did not speak to Kellett, but several cabmen did, and continued to talk to him, all a policeman came up and took him into custody—a person there said, "That is the soldier who was along with him"—Kellett heard it, and said, "You may do as you like with me, I don't care what you do with me, I don't know what you are talking about"—I had seen the prosecutor with two men, one apparently dressed as a sailor, and the other as a soldier, at the corner of Goulston-street, about an hour before—there was a woman with them, but I did not see the faces of any of them then, except the prosecutor—I saw the landlord of a public-house shove them out of the door, and I saw the prosecutor's face, but not the faces of the others—it was not day light—I did not see the sailor in the alley—the party standing round Kellett pointed him out in the street—I did not see the woman come out of the alley
Donahoo. Q. Did the prosecutor come out of the alley first, or Kellett? A. The prosecutor was the first that came across the road from the alley before Kellett came out.
MICHAEL SOUTHBY SHAW . I assist my brother, who keeps the White Hart public-house, Whitechapel. I opened the house about a quarter past four o'clock on the morning of the 13th—the prosecutor came in in company with four persons, the three prisoners, and a women who was discharged at Lambeth-street—the prosecutor called for glasses of ale, and three glasses of rum; and after that, had three pipes of
tobacco—while he was going to light his pipe, Kellett was standing at the corner of the counter, and beckoned the sailor to come to him, which he did—they whispered together, and the prosecutor asked the sailor whether they were offended, and asked the company the same—some of them said "No;" they then went out—while they were going out, the woman called for two pipes of tobacco, and said that Duffin would pay for them—they all went out together, stood at the door, and talked together, and I went round and asked Duffin to pay for the two pipes of tobacco—they all came in again—he paid me, and they all went away—I believe this was about half an hour after they came, about five o'clock—my house is eight or ten doors from Angel-alley—the prosecutor seemed to be rather fresh when he left my house—I cannot say whether he was sufficiently collected to know what he was doing—I do not think he did have the presence of mind to know what he was about—the sailor took hold of his arm, I believe, and pulled him towards the door—I did not see him stagger.
RICHARD THOMPSON . I am a policeman. On the morning of the 13th of October, about twenty minutes or half-past five o'clock, I received information that there had been a robbery—I was in Red Lion-street, Whitechapel, at the time—I went to the other side of High-street, Whitechapel, and there met Kellett—I told him I wanted him for robbing a man of his watch and money—he said, he knew nothing about the man, or money, or watch either—I took him into custody—the prosecutor saw him at the station-house, and said, in his presence, that he was the. man who had robbed him—the sailor was apprehended in about ten minutes after, about half-past five o'clock, or twenty minutes to six, and very shortly after the prosecutor saw them both.
Picton. Q. Was I in custody at that time? A. I did not apprehend her at all—I first saw her in custody at Lambeth-street.
GIBBS LEEDS . I am a policeman. I was on duty, in Whitechapel, on the morning of the 13th—about twenty minutes before six o'clock I was informed of the robbery, and went into Essex-street—I met Donahoo, coining out of a court in Essex-street, four or five hundred yards from Angel-alley, seven or eight minutes after I heard of the robbery—I asked him if he had been drinking with a soldier and sailor—he said, "Yes," and I took him into custody—he said he knew nothing of the man at all—I found nothing on him relating to the robbery.
WILLIAM BULL . I am a policeman. About nine o'clock, on the morning of the 13th, I met the prisoner Picton in Cable-street—I followed her to Mr. Ramsden's, the pawnbroker's, and asked her if she had pawned her husband's watch—she said, "Yes"—I said, "Where?"—she said, "In Ratcliffe-highway"—I asked her for the duplicate—she said, "Why, to tell you the truth, I have not pawned it at all, I have sold it right out, for 15s."—she took me to Findley's shop, in Ratcliffe-highway, and said, "Come with me, I will show you; I don't we, it is my husband's watch"—I asked her where her husband was—she said he was drinking at a house in East Smithfield—I did not ask his name—she took me to Findley's. and I saw the watch there—she saw it, and said, "There is the watch"—I took her to the station-house—she gave up 12s. 6d., and said she had lent 2s., 6d. to another woman, who was at the station-house, aid that woman gave up 2s. 6d.
me and said she had a watch to sell—I asked her if it was her own—she said, "Yes," her husband had sent her with it; that he was a man of very bad character, and had been out drinking with girls all night, and they had sent him home without his jacket, and she wanted the money to redeem his jacket—I asked where she lived—she said, "In Pell-street," (which is about four doors from my house,) and her husband was a sailor on board of a man-of-war—I bought the watch of her for 15s.—this is it—it is in the same state as when I bought it—there was no ribbon to it when she brought it to me—it is what is called a duffer watch, made by the Jews, to deceive people.
DAVID DUFFIN re-examined. I believe this to be the watch the prisoner took from me—the No. is 18,153, and the maker's name is Ballingforde—I have had it about three weeks, or not so long—the snuff-box was taken away with the money.
Picton, Q. Did you not give me the watch at seven o'clock at night? A. No—I swear that—I did not go with you to a convenient place in Montague-street—it is false.
Q. Did not I know you three years ago? did we not go to Leeds, is Yorkshire, together? A. I have not been in Yorkshire since 1808.
Picton. When he gave me the watch, after coming down from the place, he said, "Come with me, and I will get some money"—I went with bin to a public-house, and had a glass of rum and a pipe of tobacco, and I changed half a crown to treat him, as he had no money—he stopped there about an hour, then came out, and went from that public-house to another, and he was so intoxicated he fell down on the ground—I went to help him up, and I fell down too, and where I lost him I cannot tell, for I was intoxicated—I have known him three years previous. Witness. She did not pay for any liquor I had, nor any of them—I had never seen her any where before.
Donahoo's Defence. The night when we were together we met three of the 3rd Dragoon Guards, who joined us, and three policemen went in—we stopped at the public-house, paid for rum and wine, came out to Ald-gate, and had six basins of coffee together—we went to the public-house, and as soon as we got in at the door the landlord shoved him out, as the cabman says, seeing we were all drunk—we went from there to another public-house, and had something to drink—the prosecutor says we all went out together, but we did not go further than the door with him—there were four soldiers then, and a sailor besides me, a waterman who had been with us all night, and a woman in a black gown—it must be a droll kind of a box to hold fifty-two sovereigns, and not only so; but when he was brought into the police-office that morning, he had a sovereign, half a crown, and 1s. 1 1/2d.—I was not drunk at the time, and knew what I was doing—the waterman and this woman, we met in Whitechapel, and she and the other woman were going to fight in the public-house—the three dragoons were with us from half-past eleven o'clock that night—the prosecutor met us at half-past ten o'clock, and now he says it was twenty minutes before six o'clock—we were brought to the police-office, one says four o'clock, another says eight o'clock—I deny the charge—neither the soldier nor me did any robbery to him—the women went over with another woman to drink gin, and there were three women in company—the policeman asked me if I had been drinking with a soldier—I said no, I had not.
Kellett's Defence. 1 know nothing of the robbery—I left the white
Hart a little before four o'clock, and saw no more of him till I was take by the policeman.
Picton's Defence. He gave me the watch, and denied having any money—I knew him before—we got almost tipsy together, and I lost him—we went to a place in Montague-street—he said he would make me a present of the watch, that he did not care much about it, as it only cost him 2l.
JOHN NOAKES (re-examined.) I had seen the sailor about twenty yards from the alley, after the soldier came over to us—he was going towards Essex-street—the prosecutor was rather fresh when he came to me—he seemed in a very great state of confusion—I think he hardly knew what he was about, he was so excited—he could hardly speak to us—I cannot say whether it was from liquor or fear—he was not so tipsy but he could walk as well as I can at present.
(THOMAS REED, sergeant of the prisoner Kellett's regiment, deposed that he had been twelve years in the regiment, that his habits were irregular, but there was nothing against him for dishonesty.)
DONAHOO— GUILTY . Aged 51.)
KELLETT— GUILTY . Aged 30.
PICTON— GUILTY . Aged 32.
Transported for Fifteen Years.
Third Jury, before Mr. Recorder,
2379. CHARLES GOULD was indicted for stealing, on the 5th of September, at St. Andrew, Holborn, 3 bags, value 1s.; 1 cash-box, value 7s.; 1 watch, value 3l.; 1 seal, value 2l.; 135 sovereigns, 10 half-sovereigns, 10 half-crowns, 60 shillings, 80 sixpences, 1 bill of exchange for £5., and 1 £5 bank-note, the goods, monies, and property of Thomas Beard, his master, in his dwelling-house.
MR. JONES conducted the Prosecution.
THOMAS BEARD . I am a coach-maker, and live in Mount Pleasant, Gray's Inn-lane, in the parish of St. Andrew, Holborn; it is my dwelling-house. The prisoner was an apprentice of mine, and had been so nearly two years—on the evening of the 5th of September I deposited in a cash-box, 140 sovereigns and half-sovereigns, locked in a drawer, with 7l. in silver, crowns, half-crowns, and shillings in a bag—they were not in the cash-box, but in the drawer loose, by the side of the cash-box—there was a bill of exchange, and a £5 note in the cash box with the gold—I had a silver watch in the drawer, with a seal and chain—the drawer was one of a chest—I locked it up at six o'clock in the evening, in my bed room—there are two doors to the room, one leading to another room—I bolted that inside, and went out at another door, which I locked outside—I left my house directly, leaving the prisoner at home at work in the shop, and seven or eight men—I returned at eight o'clock, and found the bed-room door, which been bolted, unhinged—the hinges were completely off—the screws were drawn out of the hinges, so that any body could get in—I found the lock of the drawer forced off, and lying down—my cash-box was gone, and my watch, and every thing, and the prisoner was also gone—the cash-box was found a week after, in a corn-bin, just outside the door of the room that was broken open, on a landing—I did not see the prisoner again till he was in custody—I have since seen my watch and seal, and the bag which the money had been in.
Cross-examined by MR. PAYNE. Q. He was nearly two years with you? A. Yes—he was apprenticed—I consider his father a respectable man—he is a cab proprietor.
THOMAS PILLEY . I am a journeyman in the prosecutor's service. On the 5th of September, about half-past seven o'clock in the evening, I saw the prisoner sitting in a room adjoining Mr. Beard's bed-room—master was out at the time—I saw the prisoner go through the stable in about ten minutes or a quarter of an hour—I observed afterwards that the room door was broken—the prisoner never returned—some days afterward I found the cash-box in the corn-bin.
WILLIAM TERRY . I am a constable of Southampton. In consequence of what I saw in the Hue and Cry I went, on Sunday evening, the 1st of October, and found the prisoner at a public-house—I examined his hand, and found a mark in it, as described in the Hue and Cry—he told me his right name after some hesitation—I took him into a private room and told him I wanted him for robbing his master of a sum of money—he made no answer, but was quite sullen—I told him to turn out his pockets—he produced several articles on the table—I said to him, "Give me the watch you have got in your pocket;" and he handed the watch I now produce—I said, "That is your master's watch, is it not?" and he said "Yes, it is—he appeared quite sober—he appeared to be fumbling about his side-pocket—I told him I thought him a bad hand at searching pockets, and I must come and assist him—I was in the act of getting up (being on the opposite side of the table,) and going over to him, when I saw him draw a pistol from his left-hand coat pocket—I immediately rushed on him and threw him across a chair—he said, "Stand off, stand off!" that was after he produced the pistol—I seized him by the right hand—he held the pistol in his left; and in making a catch at his hand I caught hold of a waterman's hand, who was standing there; and during that time the pistol went off—I judge it was intended to be pointed at me—it went off, and passed my head and the head of the waterman, who dropped his head, and said "Oh Lord!"—it was a percussion pistol—the pieces of the cap flew over my face, and I think the powder came in my face, for I was quite stunned with it—the charge lodged over the mantel-piece—it was a ball—I wrenched the pistol out of his hand; and my son, who sat opposite, said, "Father he has got another pistol"—I immediately drew it out of his pocket—both were double-barrelled pistols, and the three barrels were all loaded with ball, besides the one discharged—they were all capped and cocked—I found 5s. 6d. on him—I asked him what he had done with the seal—he said he had given it to a girl, whom he described—I found she was a girl of the town from Portsmouth, and I got the seal from her—I asked him what he had done with the gold—he said he had spent it—he told me his master's cash-box was in the corn-bin—I took him before the Magistrate afterwards, and brought him to London.
Cross-examined. Q. At the time the pistol was fired, had you got him forced down in the chair? A. I had—I should rather think that prevented him from raising the pistol—it was done all in a moment—he drew the pistol before he said "Stand off"—after he was taken he behaved very well, and cried like a child.
MR. BEARD re-examined. These are my bags, my watch, and seal.
GUILTY . Aged 18.— Transported for Fifteen Years.
2380. ELIZA SUMMERS was indicted for stealing, on the 26th of August, 2 watches, value 20s., the goods of William Ebben her master; and JAMES WELLS , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
LOUIS KEYZOR . I am a watch and clock-manufacturer, and silversmith, and live in Tottenham-court-road. On the night of the 21st of September, the prisoner Wells came to my shop, about half past nine o'clock, and produced a watch, and asked if I would purchase a metal watch—I asked the price—he said 15s.—I opened it, and found it was a gold one, and had the Hall mark—I asked him if it was his own—he said it was, and that it did belong to his grandfather—I went in, and informed Mrs. Keyzor, then came out, and asked his name—he said he had been to my shop a few days before, and sold me some coin, and I had his name—I opened my books—he pointed to his name, and I found he had sold me some old coin for 10s. 2d., and given his address, "10, College-street, Camden-town"—I said if his address was all right, I would purchase it, but I should go with him to see if it was right—I went behind the counter, and put my hat and coat on, and he ran off—I ran after him through different streets—I offered some boys 1s. to catch him—they ran and caught him—I came up, and he said, "Take me to the station-house"—a policeman came up—I gave him in charge, and ordered him to take him to the station-house while I went borne to put my coat on—when I went to the station-house the prisoner seeded very much agitated, and wished the office to be cleared of all strangers—he then said that he bad been innocently brought into it, and was very sorry for it, and that he had a sister who lived at a watch-maker's at Islington, who he believed had stolen the watch, for he had had suspicion of it; and that every knock that came to the door, he was afraid somebody was coming, and he had advised his sister to part with it; and that there were two more watches which he had pawned, one at Rid path's, at Somers-town, aid the other at Camden-town, he begged the policeman to go to his wife and ask her to give up the duplicates.
Cross-examined. Q. Did he say it was his sister's, or his wife's sister's? A. His sister-in-law's—he seemed very much agitated—not like a thief, for I am in the habit of catching a good many—I do not think he was in the habit of thieving—the name he gave was correct, but the address was false—I understand he did formerly live in Cable-street.
JOHN RAE (police-constable E 38.) I took charge of Wells at the top of Rathbone-place—as he went along, he said, "Policeman, if I have done any thing wrong, I have been led into it"—I have heard Mr. Keyzor's statement of what passed at the station-house—it is correct—Wells gave his address, "15, Mansfield-place, Mansfield-street, Kentish-town"—I went to that house, and Wells's wife let me in—the prisoner Summers was called, and I told her I wanted to see her—that the Inspector wanted to put a few questions to her—she said she would go with me, for she had done no person any wrong—I gave her into the custody of another constable, and took the prisoner's wife on one side, eight or ten paces, and went into the back room on the top floor—I got two duplicates from her, and the two women went to the station-house—when Summers was charged before the Inspector with stealing watches, he asked her where she got them—I did not say she had better tell about it—when I first went to her I said I hoped it would not detain her long—her sister and Wells's wife, in the presence of the Inspector, both told her it would be better for her to tell the truth—another brother's wife said, "Tell the truth, Eliza,
tell where you got the watches"—she said so several times—she did not say it would be better or worse for her—I cannot say I heard her use that expression—she said it would be easier for her to tell the truth—that was when she was hesitating, after the Inspector had questioned her.
Q. Was she taken to the station to see if she would make a sufficient case for her detention? A. No—it was in consequence of the confession of Wells I was sent to bring her—it was not to get a statement from her—she merely came voluntarily with her sister—I took her by the hand all the way to the station-house—I took her there to be questioned.
WILLIAM EBBEN . I am a watch and clock maker and live in High-street, Islington. The prisoner Summers lived with me as servant for a considerable time—I believe I have seen Wells call on her once or twice, but he never came in to my knowledge—she had left my service ten days when she was charged with stealing the watches—she had given me warning, and went of her own accord at the end of the month—the watch produced is mine—I had several watches in a cupboard at the top of my house—I lost the key of that cupboard while she was in my service, and afterwards found the watches were gone—I broke the cupboard open after the prisoners were apprehended, and then missed the watches.
Cross-examined. Q. How lately before had you seen this particular watch? A. It might have been perhaps three quarters of a year—I had opened the cupboard, but not noticed that particular watch—there might be a dozen and a half watches there—I have not a doubt of its being mine by the Hall mark and the case—it is the Irish Hall mark—there is no lion in it
JURY. Q. Do you keep a book with the numbers of the watches in it? A. No; only for new watches, not old ones—I should have a difficulty in identifying them if there was not something particular in them—this has the Hall mark, and the only one I had answering to that description.
NOT GUILTY ,
2381. ELIZA SUMMERS was again indicted for stealing, on the 10th of September, 1 watch, value 8l., the goods of William Ebben, her master; and JAMES WELLS for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
WILLIAM EBBEN . The prisoner Summers was in my service and quitted me about a fortnight before her apprehension—I lost three watches from the cupboard—I did not miss them till after her apprehension—I had lost the key of the cupboard while she was in my service—she quitted of her I own accord—I have no evidence of her being in possession of them.
HENRY CHENIE . I am assistant to Mr. Ridpath, a pawnbroker, I and live in Upper Seymour-street, Euston-square A watch was I pawned at my shop on the 14th of September, I do not know who I by, in the name of John Brown, 1, College-street, Camden-town—it was I man—the constable has the counterpart of my duplicate—it is what we I gave the person who pawned it.
NOT GUILTY .
NEW COURT.—Tuesday, October 31st, 1837.
Fifth Jury, before Mr. Common Sergeant.
2382. JAMES DOWNES was indicted for stealing, on the 18th of October, 38 tooth-brushes, value 31s.; 6 pincushions, value 6s.; 2 silk-winders, value 2s.; and 1 ivory hoop, value 4s.; the goods of Daniel Staight, his master.
MR. CLARKSON conducted the Prosecution,
DANIEL STAIGHT . I live in Charles-street, and am an ivory and pearl worker. The prisoner was in my service as a porter—on Wednesday, the 18th of October, in consequence of suspicion, I caused him to be taken into custody by Baylis the officer—these articles were produced, and are my property.
Cross-examined by MR. JONES. Q. How long had he been in your service? A. Four or five years—my foreman serves in my shop, but no one else—these happen to be a little old stock, and I have the fellows to match—they are not to be matched in the kingdom—I have never sold any of this kind—these were a dead stock, and have been by me six or seven years—they were in one of the drawers with some other things in the front shop—they are quite stained in colour—the pincushion is a common pattern, but old-fashioned—I have had these seven, eight, or nine years—these pearl goods I have not had so long—I had them as samples from a gentleman—the foreman has nothing to do with selling articles—my son has, but be is not here—I have never bought any tooth-brushes from Paris—these three are all nail-brushes.
MR. CLARKSON. Q. Are the articles your property? Q. They are, and the tooth-brushes too.
ELIZABETH CODACK . I was in service at No. 3, Newgate-street—the prisoner was paying his addresses to me—he gave me three pincushions, two silk-winders, and an ivory hoop—they are here—he told me he bought them.
Cross-examined. Q. How long ago is it? A. About three months, the last things—the others, upwards of a twelvemonth.
RICHARD WINCH . I am in the service of the prosecutor. Last Saturday night week I found a parcel of tooth-brushes under some hay, in the mill-house—the prisoner would have access to that place—it was his business to take care of the horse.
Cross-examined. Q. How many persons were on Mr. Staight's premises? A. I and another workman under the foreman, Mr. Staight, and to family—neither the foreman nor the other workmen live in the house, nor does the prisoner.
Cross-examined. Q. When was this? A. Ten or eleven months ago—they have remained there ever since—I have known him since he was three years old—I never knew any thing wrong him—Mr. Staight's son has come several times to my house.
RICHARD BAYLIS . I am a constable. I took the prisoner on the 18th of October—I found on him a key—I went to his lodgings, and opened a box and found these three brushes and these pincushions—I told him what I had found—he said, these three brushes he bought of a brushmaker, in Red Lion-street, Holborn—and the pincushion he knew nothing
about—I afterwards received from Hill and the other person, the rest of the goods that Mr. Staight claimed.
Cross-examined. Q. Did you tell him what you charged him with? A. Yes, and he said he was innocent.
(Property produced, and sworn to.)
(Joseph Storer, of Bidborough-street, Burton Crescent, a piano-forte maker; Charles Nicholls, a steel-pen maker, 8, John-street, Maiden-lane; and William Ross, of St. Luke's, gave the prisoner a good character.)
GUILTY .—Aged 21.— Transported for Seven Years.
2383. THOMAS RILEY was indicted for stealing, on the 20th of October, 2 tureens, value 3s.; 1 tureen-cover, value 6d.; 1 ladle, value 6d.; 3 dishes, value 4s.; and 1 salad-bowl, value 2s.; the goods of George Owen Ramsey.
ELIZA OKELEY . I am servant to George Owen Ramsey, of No. 20, Brunswick-square. On the 20th of October the prisoner came from the dust-hole—I never saw him there before—I saw a bag on his back—this is my master's property.
THOMAS CULLUM (police-constable E 140.) On this afternoon, at half past five o'clock, I was looking towards 20, Brunswick-square, and saw the prisoner, who is a sweep, come up the area, with a bag on his shoulder—he was going towards Great Coram-street—I stopped him—he dropped the bag before I stopped him—he is the man.
Prisoner, I was out of employ.
GUILTY . Aged 18.— Confined Six Months.
HENRY PARKER . I am a baker. The prisoner lived with me as journeyman for three months—it was his business to receive money—if Ann Pearce has paid him 7s. 6d. on the 26th of February, it was his business to account to me for it—he has not done so—he left me without notice on the 15th of March.
Prisoner. In going across the fields I met a man who asked me the way, I said I would go with him and show him—he asked me to have a drop of ale, which I did, and then I dropped asleep—and when I awoke, I had lost the money, and did not like to go back.
GUILTY. Aged 17.—Recommended to mercy by the Prosecutor. — Confined One Month.
JOHN DAVID STRANGWARD . I am a baker. The prisoner was my journeyman for three weeks or a month—on Friday last he went out three times with bread—it was his duty to bring me the money he received from customers—if Balls paid him 5s. 10 1/2d., part of 8s. 3 1/2d., he has not given it to me—he never made his appearance with bread or money after be went out the last time—I authorised him to pay 2s. 5d. for me at the Court Requests.
Prisoner. There were other monies he ought to have given me credit for—three loaves I left at Mr. Balls's that day belonged to that account—they were 1s. 10 1/2d.
MR. STRANGWARD. I allowed him credit for 2s. 5d.—he took out a rule at the Court of Requests.
GUILTY . Aged 52.— Confined Three Months.
2386. JOHN EDWARDS was indicted for embezzling the sums of 12l. 8s. and 17l. 2s.—3rd COUNT, for stealing, on the 9th of September, 12 sovereigns, 1 £10 and 2 £5 Bank-notes, 8 shillings, and 16 sixpences; the monies and property of Thomas Flight, to whom he was servant.
MR. BODKIN conducted the Prosecution,
THOMAS FLIGHT . I am proprietor of a large dairy at Islington, formerly Laycock's. The prisoner was in my employ as book-keeper—it was his duty to keep the books—and after that, his duty to receive the money and hand it over to the cashier, and day by day to square his accounts—I found him deficient in his accounts in the early part of last June—I was induced, in consequence of the respectability of his friends, and the urgent requests they made me, to pass it over—about a fortnight after that detection he returned to my employment, and took the same place as book-keeper—an alteration was made in the regulations with respect to the money—the prisoner said, to prevent the possibility of his doing wrong, he should always call the cashier to receive money, as he would not even venture to touch it—I replied that it was a very excellent resolution he had formed, and I had no doubt, if he adhered to it, he would be restored to society and respectability, which was my sincere desire—he was in my service on the 9th and 15th of September last—he has never accounted to me for the sum of 12l. 8s. as received on the 9th from David Wiseman, or 17l. 2s. on the 15th of September from Evan Lewis—he absconded on the 15th, and I did not see him again till he was in custody.
COURT. Q. Was it his duty to receive that money? A. do not think that under that arrangement he ought to have received it at all—I think he ought to have called the cashier.
Cross-examined by MR. JONES. Q. Did you send your confidential clerk, Mr. Thodey, to the prisoner's father before you engaged him, to inquire into his competency and his steadiness? A. Yes—the answer was not, that he was competent to keep the books, but his father would not answer for his steadiness—if it had been I should not have taken him—I said, if his friends would keep him, his wages should go in payment of that deficiency—I paid him no salary whatever after that arrangement, but I made him a present of 5l.—I do not know that he was tried in the other Court in the course of last week—I understood there was some difficulty about it.
DAVID WISEMAN . I was a customer of Mr. Flight's in September last. On the 9th of September last I carried 12l. 8s. to his counting-house, and placed it on the counter—the prisoner at the bar took it away—he was the only person there besides myself.
MR. JONES to MR. FLIGHT. Q. Supposing one of your customers came to pay money to any one in your counting-house, and no one was there but the prisoner, would he in that case be authorised to receive it?
A. I should have thought he would have called the cashier, to hand him over the money.
Q. But supposing the cashier not to be at hand? A. Then he would have done right to receive it.
MARGARET LLOYD . I carried the bag of money my master gave me on the 15th of September to Mr. Flight's counting-house—I put it down on the counter—I did not see the prisoner take it up—I went out—the prisoner was there—the prisoner took the money—no one else was there.