SIR JOHN COWAN, BART., MAYOR
CENTRAL CRIMINAL COURT.
MINUTES OF EVIDENCE,
Taken in Short-hand,
BY HENRY BUCKLER.
SESSION I. TO SESSION VI.
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.
On Monday, November 27, 1837, and following Days.
Before the Right Honourable Sir JOHN COWAN , Bart, LORD MAYOR of the City of London; the Right Honourable Thomas Lord Denman, Chief Justice of Her Majesty's Court of Queen's Bench; Sir James Allan Park, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir James Parke, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir Matthew Wood, Bart; Anthony Brown, Esq.; Sir Peter Laurie, Knt.; Aldermen of the said City; the Honourable Charles Ewan Law, Recorder of the said City; Samuel Wilson, Esq.; Sir Chapman Marshall, Knt.; 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 JURORS.
CENTRAL CRIMINAL COURT.
COWAN, MAYOR. FIRST 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, November 27th, 1837.
First Jury, before Mr. Recorder.
NOT GUILTY ,
THOMAS BENNETT . I live in Copthall-buildings, and am a bookseller On the night of the 31st of October I was in my shop—an alarm was given. by my lad—I ran out and saw the prisoner running with these books in his hand—I overtook him near Draper's Hall, and took my books out of his hand.
Prisoner. It was distress, that drove me to the commission of the crime.,
GUILTY . * Aged 27.— Confined Three Months.
JAMES HOWLETT . I am a botcher, and live in George-row, Dock-head On the afternoon of the 10th of November the prisoner came up to me at Dock-head, and said, "If you please, is that truck to let? "I said "Yes"—he said, "I have been living with Mr. Ward, of Deptford, I have left him, I want to fetch a butcher's block away, I shall want it two hours "—he offered to pay the money first—I said, "I dare say H is all right, you can pay when you bring it back"—he took it, and I never saw him again—he said he had taken a little house in Edward-street, close by me—I went there, but he did not live there—I had no previous acquaintance with him—I was talking to him about a quarter of an hour—him at first, but he would not take no for an answer—he said, "Did not Mr. York keep this shop!" I said "Yes"—he had a butcher's frock on, and a white apron—I apprehended him in Smithfield with another truck—the truck was worth about 50s.—I lent him a rope with it.
Prisoner. I can prove I was at my own noose on that day, bat I was not aware that my trial would come on. Witness. He was remanded three days, and he could not bring witnesses to say where he was.
in the prosecutor's shop when the prisoner came and asked if the truck was to let—he said it was—he asked him to let him have it, and he made a scruple about it—he said he lived at Mr. Ward's, at Deptford, and wanted to remove a block—he borrowed a rope—I had a good look at him—he was from ten minutes to a quarter of an hour there.
Prisoner. He said he had seen me before, and then when Sir Peter Laurie asked him again he said he had not. Witness. I understood Sir Peter Laurie to ask whether I knew his person—he was dressed in a dirty butcher's frock, with low shoes, and an apron—when he was apprehended he had boots on and the same coat.
THOMAS FEAXLER . I live in Cloth Fair. About four o'clock on Friday, the 17th of November, Howlett asked me to take the prisoner into custody—I went up, and Howlett accused him of hiring this truck from Dock-head—he said, "You are mistaken in the man," but Howlett was determined I should take him into custody, which I did with another truck.
GUILTY . Aged 34.— Confined Three Months.
OLD COURT.—Tuesday, November 28th, 1837.
Second Jury, before Mr. Recorder.
MATTHEW OGLE . I am clerk to James Norris and Mr. Johnson, in Upper Thames-street, stationers. On the 20th of November a person was waiting in the warehouse to see my master, and the prisoner was waiting outside—the one not in custody came in under the pretence of selling goods to master, and had been there an hour and a half—our carman came in and went backwards, and there was only me left in the warehouse—I saw the one inside, hand a ream of paper out at the door to the prisoner who was outside—he ran away with it—I directly ran after him—a gentleman tried to stop him—he knocked him down, but he was stopped again at the top of the lane—I kept my eye on him, and am sure he is the man.
Prisoner. I was standing at the corner of the lane waiting for a job—the man in the shop beckoned me over, and told me to carry the paper, and he followed me—there was a cry of "Stop thief"—I dropped it, ran off, and was stopped. Witness. I had not seen him waiting outside myself—the warehouseman had—I suppose the man waited so long in order to watch his opportunity—the warehouseman had spoken to him.
THOMAS DAVIS . I am warehouseman to the prosecutors. I recollect a man coming in on the morning of the 20th of November, about half-past ten o'clock, to sell some shavings—he waited there an hour and a half or two hours to see Mr. Norris or Mr. Johnson—he said either of them would do-he brought a sample of shavings—I observed the prisoner outside several times, nearly all the time the other was waiting inside.
Prisoner. I was outside about three quarters of an hour.
(Property produced, and sworn to,)
Prisoner's Defence, I was waiting outside for a young fellow, who said he would come and tell me of a job—he beckoned me over, and asked me to carry this paper—I heard a cry of "Stop thief," and dropped it.
GUILTY . Aged 20.— Confined One Year.
CHARLES YEATMAN . I am shopman to John Hancock, a hosier in the Poultry. On the night of the 14th of November I was standing in our shop, and saw the prisoner make a snatch at six pairs of stockings, which were tied inside the door—he found a resistance from the string—he put up both hands, broke the string, and ran off with them—I followed and secured him, about fifty yards off, with them under his arm—I have them here and know them.
Prisoner. A young man dropped the parcel, I took it up, and was running after him to give it him. Witness. I think it was a dirty day—there was no dirt upon the parcel—I saw the prisoner take it.
GUILTY . Aged 19.— Confined Six Months.
ROBERT CHARLES HOPE . I am in the employ of Messrs. Thomas, of Cheapside. The prisoner was in their employ—on Wednesday, the 8th of November, I sent him with some clogs to Mr. Pickering, of Liverpool-buildings, Bishopsgate-street—he was to receive 1l. 14s. and bring it back—I did not see him again till he was in custody, on the Tuesday following.
MARY PICKERING . I am the wife of William Pickering, of Liverpool-buildings, Bishopsgate-street. On Wednesday, the 8th of November, I paid the prisoner 1l. 14s. for a dozen pairs of clogs which he brought—I gave him a sovereign, three half-crowns, a shilling, and sixpence, to pay to Messrs. Thomas—he wrote a receipt to the bill, which was sent into the country with the clogs.
Prisoner. I met my father, whom I had not seen for four years, and be followed me up to her door—I gave him the money, and went with him to St. Giles's, where he spent it
WILLIAM THOMAS . I live in Cheapside, and have two partners. The prisoner was my errand-boy—he occasionally took out small parcels, and was to bring the money to one of the clerks in the counting-house, but he never returned—his mother had come on Thursday to inquire for him, and on Friday she brought him, saying he had told her he met a cabman, who beguiled him into a house of ill-fame, and got the money from him—he said himself that it was a cabman—but before the Magistrate he said it was his father—his mother said in his presence that she was a widow.
Prisoners Defence. My mother did not say she was a widow—my father has been a lunatic these fourteen yean—I made no statement about a cabman—I said my father took me in a cab and drove away to St. Giles's.
JOHN KINSEY . I am a policeman. I was present at this court when the prisoner was arrainged here, in June Sessions—he pleaded guilty—I have the certificate of his conviction, which I got from Mr. Clark—(ready—the prisoner is the person.
GUILTY . Aged 14.— Transported for Seven Years.
7. WILLIAM TURVEY and WILLIAM SHILLINGWORTH, alias Daintry, were indicted for feloniously breaking and entering a certain building, within the curtilage of the dwelling-house of John Hope Johnstone, on the 11th of November, at Teddington, and stealing therein, 13 fowls, price 1l.6s.; one turkey, price 10s.; and 1 pig, price 1l.6s.; his property.
MR. PAYNE conducted the Prosecution.
JOHN HOPS JOHNSTONE . I live at Broomfield Cottage, Teddington, in Middlesex, and keep poultry in a large building, tiled, secured by bolts, and a lock outside—it joins on to part of a wall, running from my house, and then a hedge surrounds the building and the house—there is a complete fence all round—I locked the building myself about six o'clock on Saturday night, the 11th of November—I had twenty-one fowls there—I examined the pig-stye—there was a black pig safe there—about eight o'clock the next morning I found a staple of a large bar, which partly confined the hen-house, taken away, part of the tiles and lathing removed, and a large bell removed from inside the door—it had evidently been broken open—I found the yard strewed over with feathers, and the heads of three fowls lying there, with the skin of the whole neck attached to them—a good deal of blood was sprinkled about the door—I found inside, near the opening of the roof, a striped cap, which I gave to Cook, the officer, with the heads of the fowls—I missed thirteen fowls and a turkey-cock—I examined the pig-stye and found the bolt drawn, and a hurdle on the top of it moved, and missed a black pig, about five stone and a half—I observed, immediately opposite the pig-stye, impressions of feet, very complete, and traced them into an adjoining meadow—I was present when Cook brought a shoe which fitted one foot-mark, particularly as to a large nail in the centre of the shoe—there were evident marks of two persons, one smaller than the other.
RICHARD WILLIAM COOK . I am an inspector of the Borough police at Kingston on Thames. I accompanied Mr. Johnstone to his house, and examined the premises—I received from him a woollen striped cap—I made inquiry, and apprehended the prisoners at their lodgings at Hampton Wick, between twelve and one o'clock in the day, on Sunday the 12th—they lodged together—I found Turvey sitting on a chair before the fire, asleep—there was a pot on the fire, with something boiling in it—Shillingworth was on the bed in the room above, with all his clothes on except his shirt and shoes—his shirt was being washed—there was a pan in the room—I found a quantity of joints of pork mangled in an unseemly way—there was some black hair on the joints—some of the inner parts were quite warm—it had been pressed into the pan, but not salted—I called Pigrum, another constable in, and took the prisoners into custody—I asked them who the pork belonged to, and Turvey said it belonged to him—I asked how he came by it—he said, "Fair and honest"—I said, "Can you tell me who you bought it of?"—he said, "I growed It"—there was no pig-stye there—two fowls were boiling in the pot on the fire, they appeared to have the heads torn off close to the throat, and the skin torn off the breast—all the feathers and flesh of the neck were off—I observed that the heads were without necks, and the fowls have necks without skins—I found some baskets in the house, and one of them with some fresh blood, scarcely cold, and some fowls' feathers and a bill-hook, which appeared to have been recently used to chop up some meat—I took off Shillingworth's left shoe, and in Mr. Johnston's presence, with a pair of dividers, I tried the distance
from the top of the heel to the toe, and the mark of the nail in the centre, and have no doubt, from the measure and appearance of the impression, that the shoe had made it—on a table near to where Turvey was I found a sword or sabre—the floor of that room was quite wet, evidently recently washed, and a quantity of black pig's hair was sticking to the floor—before I went up stairs I asked Turvey where Shillingworth was—he said he did not know any thing of him—I found only one cap, and no hat—on examining the parts and putting them together, I consider there is the whole carcase of a pig except the head and feet—I observed some red marks about Shilling worth's browsers, as if he had been wiping his Angers—I considered that to be blood, but he said before the Magistrate it was paint—it was evidently the marks of three fingers.
Cross-examined by MR. PHILLIPS. Q. Did you take Turvey's shoe to compare the marks? A. No.
WILLIAM PIGRUM . I am beadle of Hampton Wick Hamlet On Sunday, the 12th, Mr. Cook produced a cap to me—I know Shillingworth wore such a cap as that—I have known him many years—I do not know anybody else in the neighbourhood who wears such a cap—I went with Cook to Turvey's house—I have heard Cook's evidence—it is correct—Turvey has always lived there, and his father before him.
WILLIAM MARSHALL . I keep the Swan, at Hampton Wick. On Saturday, the 11th, I saw both the prisoners at my house—they left about nine o'clock, and returned in half an hour—one left about half-past ten, and the 'other about five minutes before eleven o'clock—they were drinking together—they came again on Sunday morning, about twenty minutes after seven o'clock, and I believe a man named Fendall with them—they stopped ten or fifteen minutes.
Cross-examined. Q. There was nothing remarkable about them? A. Not at all—Turvey was in the habit of coming to my house, which is about a quarter of a mile from Johnston's, and about twenty-five yards from Turvey's.
MARY ATKINS . My husband keeps a beer shop in Hampton Wick. On Saturday night, between ten and eleven o'clock, on the 11th of November, I saw the prisoners at my house—they come there sometimes—I lad a watch in my bosom at the time—(looking at the cap)—I have seen Shillingworth wear a cap of this kind, but I cannot swear this is the: cap.
TURVEY*— GUILTY . Aged 20
SHILLINGWORTH*— GUILTY Aged 22.
Transported for Ten Years.
MR. PAYNE conducted the Prosecution.
SAMUEL LITTLEWOOD . I am a dealer in waste paper, and a cooper, and live in Upper Thames-street The prisoner was my carman, and had 30s. a week—it was his business to go out and receive orders with a horse and cart, and bring the order home to me—on the 2nd of May he gave me an order, which I entered in this book at the time, "Mr. Compton, Edgware-road, 1cwt. paper, at 36s."—I delivered that paper to him to take to Mr. Compton on the 10th of May—when he came back, I asked him if he had got the money—he said no, Mr. Compton was not at home, and he had left the paper for him—I asked him various times afterwards for the money
—he made various excuses—at last I went to Edgeware-road and inquired, but could find no such person.
Cross-examined by MR. CHAMBERS. Q. Has not the son of the late Mr. Wilson a share in your business? A. No—he is apprenticed to me—(it was my uncle Mr. Gilbert Wilson's business before he died—his wife's nephew's name is Tyler)—he has no share in the business—he is apprenticed to me, and after he has served his time, according to agreement, he is to have a share—he does not receive any profits of the business—I pay and receive every thing as long as I am master—I am accountable to no one for the profits—the prisoner was with Mr. Wilson for years—he went with the appraiser to assist in valuing the stock—here is the probate of the will—I am in possession of the business under a will—Tyler has no interest whatever in the business at present—not till he is out of his time—I came into the business on the 1st of March, 1836—the prisoner has been with me ever since—it was his business to look for orders—he had no percentage on them—he brings me the order—I enter it in the book and deliver it to him—I pay his wages every Saturday evening—I did not trust him with the paper except to deliver it—I expected him to bring the money home to me that day.
WIILIAM COLYER (City-police-constable 89.) I took the prisoner in charge, and said if he said any thing it would go against him—he said he owed Mr. Littlewood 5i. 10s.—he afterwards said he had not sold this paper in the Edgeware-road, but elsewhere—I have inquired for Mr. Compton, but cannot find him.
(The prisoner received a good character.)
GUILTY . Aged 45.—Recommended to mercy by the Jury.
Confined Six Months.
THOMAS FRANCIS BROWN . I am an officer of Bridewell Precinct. On the night of the 30th of October I saw the prisoner near Mr. Flint's shop, at the corner of Ludgate-hill, lurking about—I knew him, and watched him for twenty minutes—I saw him go into the shop, take the flannel under his arm, and walk off quite rapidly—I followed him—he pulled off his apron and covered it over—I immediately secured him with the property which he had taken from the door-way.
Prisoner. A man gave it to me to carry. Witness. No one gave it him—I saw him take it.
GUILTY . * Aged 28.— Transported for Seven Years.
ISAAC CLIFT . I live in Upper White Cross-street, and am a pattern-block maker. On the night of the 2nd of November I was in the Cat public-house, Upper White Cross-street, and put a shilling on the bar to pay for a pint of ale—the prisoner took it up and handed it over to a person standing alongside of him, who took it, and went out to the door—he had a hat on at the time, and the other one too—the second man made his escape at the
door with the shilling, and I asked the prisoner where the shilling was—he refused to give it me, and struck me, and when I got outside the door several of them struggled with me—my hat was knocked off, my clothes torn, and I was thrown down in the mud—the prisoner was rescued from me, hut was taken again, and he had my hat on at the station-house—he had struck me several times on my head and body, and kicked me several times—the Cat is a very respectable wine-vaults—two or three people there assisted me—I had seen the prisoner pass and repass my house several times before, but I had no knowledge of him further.
Prisoner. He was in liquor. Witness. I was not—I was excited by their ill-treatment—I asked him several times to give it me back.
Prisoner. I put my hands into my pocket and gave him the shilling. Witness. He did not—I believe he had had a glass too much—I believe he intended to steal my shilling—I got no hat instead of my own—I did not notice what hat the prisoner had on at the house—whether it was better than mine or not
WILLIAM COURTNEY . I am a policeman. I took charge of the prisoner, and produce the hat he had on—as I took the prisoner along, after he was given into my custody, I observed to the prosecutor that he had no hat on—he said "Some one has got my hat," and seeing the prisoner had one on, I took it off at the station-house, and the prosecutor claimed it—the prisoner had been drinking—we found 5s. in his pocket, but he took the opportunity, while our backs were turned, to secrete 4s. in his shoe, which, if he was very drunk, he could not have done.
WILLIAM CROFTS . I am the landlord of the Cat. I observed Gift lay down a shilling to pay for ale—I was busy at the moment, and did not take it up, as I was serving another customer—I saw the prisoner pick it up and pass it to a companion at the bar—I said, "You have taken Mr. Gifts shilling," and at that moment the person he gave it to ran out—they had been in my house before, and I had refused serving them, not liking their company—I think he had had a little too much, but was quite collected—I threatened to give him in charge if he did not give up the shilling—I put him out of the door, and Clift went to get a policeman—he struck Clift, and denied having any thing to do with the shilling—I had seen him take it up.
JOHN GLBSON . I live in Pleasant-row, Shoreditch, and am a pattern-maker. I was with Clift on the night in question, and saw him lay down the shilling—the prisoner took it up, and passed it to his companion—an altercation ensued—he was advised to give up the shilling, and that time the man escaped, but the prisoner seemed to me rather elated with liquor—I saw him give the shilling to a man—he did not pass it as if he wished to escape notice—the person who received it went out.
Prisoner's Defence. I could not want a shilling when I had five in my pocket.
NOT GUILTY .
WILLIAM BURGESS . I live at Deptford. On the afternoon of the 9th of November I was at the top of Bridge-street, looking at the procession—the prisoner crowded rather on me, and I suspected him, but I let him alone—presently I felt my money drawn from my pocket—I put my hand down, and found my pocket turned inside out—I lost four half-crowns, two shillings,
and a small key—I looked round, and he looked at me very hard, and tried to force himself through the crowd from me—I followed him—he then turned round, and faced me—I collared him, and said, "You rascal, you have picked my pocket"—he denied it, and at that moment my four half-crowns and two sixpences, and key, fell on the pavement, exactly on the spot where he stood—I called to my son to collar him while I picked up the money—he tried to get away, hut I seized him by his waistband dragged him through the mob, and gave him him in charge.
WILLIAM BURGESS re-examined. It is not possible it could have fallen from any one else, for no person moved—they were looking at him—he had been pressing on me unnecessarily—I had not moved a yard from where I was robbed—when I collared him he turned round to let me out.
NOT GUILTY .
NEW COURT.—Tuesday, November 28th, 1837.
Fifth Jury, before Mr. Common Sergeant,
12. JOHN LEAVER was indicted for stealing, on the 20th of November, 1 yard of velvet, value Is. 10d.; and 5 yards of calico, value 2s. 6d.; the goods of John Richardsby Bonsfield and others, his masters; to which he pleaded
GUILTY . Aged 40.— Confined Three Months.
ELIZABETH PEGG . I am the wife of Joseph Pegg, a green-grocer, in King-street, Cloth-fair. On the 21st of November, about seven o'clock in the evening, the prisoner came into the shop, and took a piece of bacon, wrapped her-gown round it, and took it out—I called out," Put that bacon down; it does not belong to you"—I went out, and she went down the close—I told my husband, who went and brought her back with it, and her gown round it, as I had seen it.
Prisoner. A woman ran up to me, and said if I would take this to Jewin-street she would pay me—I did not steal it. Witness. She is the woman who took it.
JOSEPH PEGG . I went after the prisoner, and said, "My lady, I have got you at last; you have got the bacon"—I found it under her gown—I brought her from No. 1, Half Moon-passage, where she ran for shelter.
Prisoner's Defence, After I had got the bacon I heard a cry of "Stop thief "—I thought all was not right, and ran into this house—when the man came I said I had got a piece of bacon, and gave it to him.
GUILTY . Aged 46.— Confined One Month.
14. JOHN BRINKLEY and WILLIAM SHEPSTONE were indicted for stealing, on the 31st of October, 1 basket, value 6d.; and 34 cocoa-nuts, value 8s.; the goods of Lazarus Isaacs, the master of the said John Brinkley.
LAZARUS ISAACS . The prisoner Brinkley was in my service—in consequence of information I received, on the 31st of October, I went into a neighbour's house, and saw Shepstone lift up the latch of my door and go in—in about two or three minutes he came out with a basket—I followed him till he was just turning the corner, and said, "What are you about? you brought this from my house"—I moved a paper which covered the cocoa-nuts, and said, "How did you come by these? "—he said, "They were given me by Brinkley"—I said, "You must go back with me to the shop; I left Brinkley there; he has been robbing me, and has given you these nuts to carry away"—he said, "Don't take me back, for God's sake, for the sake of my character"—I took him back, and sent for Brinkley—I said to him, "You have been robbing me, and giving these nuts to this man"—he said, "I know nothing about it"—I said, "You must go with me before the Lord Mayor, "and he was taken—there are twenty-four cocoa-nuts—I am sure they are mine—I saw them taken out of the house—I had left my wife at home when I went out, and Brinkley sitting in the shop—it was not his business to take care of the shop—I paid him so much a hundred for opening the nuts, and taking the husks off—I left him opening nuts—no one could have taken them without his seeing them—I had left about ten minutes when Shepstone went in—my wife was in the shop then, and when I came back—she is not here—Brinkley was gone when I came back.
Cross-examined by MR. PHILLIPS. Q. What o'clock was this? A. About twelve in the morning.
Brinkley. It was past twelve o'clock when I left the shop—I asked hit wife to give me 6d. to go and have my dinner—I was away three quarters of an hour—he sent one of his men for me to the public-house where I was, and when I went back he told me I was his prisoner.
WOLF MYERS . I was selling grapes in Stoney-lane, and Brinkley came to me, and asked if I would buy eighteen cocoa-nuts—I told him I would buy none, where did he get them from?—he said, "What is that to you? if you were to come to-morrow with your bag to the front of my master's I would give you some good cocoa-nuts, that you should get a good day's work by"—I told Mr. Isaacs of this the next morning, and he told me to go and wait with my bag—I did so, but Brinkley did not come out—I saw a man come out, but not Brinkley.
Brinkley. Q. When did I come to you? A. On Monday afternoon—you had eighteen cocoa-nuts in your basket—I did not know what the man who came out had in his basket till Mr. Isaacs took him into custody.
JOHN KIDDY . I was working on the premises, down in the cellar—Brinkley told me to take the cocoa-nuts up, and give them to Shepstone—I refused twice, but unthinkingly took them up, and gave them to him.
Cross-examined. Q. Did he not ask you to take them, to Bury-street? A. No—Mrs. Isaacs was in the shop at the time—I did not tell her of it.
Brinkley. Q. Did I give you any? A. Yes—you were down in the cellar, and told me to bring up these, and give them to Shepstone out the back way.
COURT. Q. Did Shepstone say any thing to you? A. No—he was coming in the back way, standing there, and I ran and gave him the basket
MR. ISAACS re-examined. I think Shepstone took them honestly, for Brinkley was in the habit of taking out nuts, from time to time, to grocers, and he might have said to Shepstone, "Carry these out for me"—Shepstone did not tell me so—he said that Brinkley gave them to him.
(Shepstone received a good character.)
BRINKLEY— GUILTY . Aged 25.— Confined One Year.
SHEPSTONE— GUILTY Aged 25.—Recommended to mercy.—
Confined Three Months.
CHARLES JAMES SAUNDEESON . I live in Silver-street, Wood-street, and am a cigar-merchant. The prisoner was my town-traveller—he collected money for me, which he should pay to me next morning—he has not paid me 1l. 8s., nor 2l.17s. 9d., nor 2l. 4s., from Mr. Saunderson.
Prisoner's Defence. About seven years ago I entered into an agreement with Mr. Saunderson, as his agent, for the sale of his cigars, my only remuneration being the surplus in the price for which I sold them—I was not to receive any salary, nor any stated commission—I was to consider myself liable to part of the bad debts—on being first engaged, he was in want of a connexion—I procured him one—the cash I expended was considerable—I not only procured him a good business in town, but actually purchased a horse and cart, to increase the same in Kent and Surrey—the income I got was about 3l. a week, and I had to keep the horse and cart—the last two years I have been much reduced, in consequence of the illness of my wife and two children, who are dead, and was tempted to appropriate two sums to my own use.
MR. SAUNDERSON re-examined. He was to have a commission but no salary—he was not an agent, he had a commission on the goods—we never credited him a penny—he was employed as a servant—he has procured me part of my connexion, and he has kept a horse and cart at his own expense—he had two children, one of them is dead.
GUILTY . Aged 36.—Recommended to mercy.— Confined One Year.
OLD COURT.—Wednesday, November 29th, 1837.
First Jury, before Mr. Sergeant Arabin.
16. ROBERT STUBBS was indicted for stealing, on the 9th of November, 1 pocket, value 2d. 1 handkerchief, value 6d.; 1 shilling, 8 pence, 4 half-pence, and 1 farthing; the goods and monies of Drusillar Willshire, from her person.
DRUSILLAR WILLSHIRE . I am a widow, and live in Portpool-lane. I work at cloth caps—on the 9th of November, the day the Queen came into the City, I was at the corner of the Old Bailey, near Ludgate-hill, between two and three o'clock, standing on the edge of the pavement with a friend—I felt somebody pulling up my clothes—I put my hand down to try to put them down, and they were forced up more—I put my hand down
again, and took hold of something which was torn—I found part of the prisoner's coat up my petticoat—my pocket had been tied round me—I turned round, and saw something white between the prisoner's legs, hanging down from his knees—I thought it was his apron, and was going to tell him he had torn his apron, and found it was my pocket—I took hold of him, and said, "You scoundrel, you have torn my pocket off; and it is your clothes I have torn, and not my own"—he turned very pale, but still held the pocket very tight—I took it from him—a policeman came, and I gave him in charge directly—this is my pocket—it contained a handkerchief, 1s., four half-pence, and a farthing.
GEORGE CHIDGZEY . I am a policeman. I was on duty—the prosecutrix called for assistance—she had hold of the prisoner's collar with one hand, and the pocket in the other—she said he had turned her petticoats up, and torn her pocket off—the prisoner's coat was torn from the elbow down.
Prisoner's Defence, I stood there five or ten minutes—she said if there was a policeman she would give me in charge—I said "I have not touched your pocket," and I was four feet from her when the policeman came—I said "I am the person charged with the robbery," and walked to him—nobody had hold of my collar—as I was pushing into the crowd, I saw something white on the pavement, I stooped down to pick it up, and the woman caught hold of my arm.
GUILTY . Aged 41.— Transported for Fifteen Years.
BENJAMIN BRIERS . I am a farmer, and live at South Mimms. I have lost hay from time to time, and on the 23rd of October I sat up to watch—the hay was in a shed in the rick-yard—about half-past two o'clock in the morning, the prisoner came into the shed and took a truss of hay—I let him go across the field, about two hundred yards from the shed, and then collared him—he said he hoped I would forgive him, and he would never come again—I took him to his father, who is a labourer, and lives about one hundred and fifty yards from me—I left him there, and went for him next morning, but he was gone—I gave information to the police, and he was apprehended on the 13th of November—I never heard any thing wrong of him before.
GUILTY . Aged 20.—Recommended to mercy.— Confined Nine Months.
Before Lord Chief Justice Denman.
18. MARGARET JAMES was indicted for knowingly, and without lawful excuse, feloniously having in her custody and possession a mould impressed with the figure and apparent resemblance of the obverse side of a half-crown.—2nd COUNT, stating it to be impressed with the reverse side.
The HON. MR. SCARLETT and MR. ELLIS conducted the Prosecution.
WILLIAM REYNOLDS . I am a constable. On the 31st of October, about half-past ten o'clock in the morning, I went to No. 1, Bennet-court, Great George-street, Bethnal Green, with Duke and Hall—we found the street-door fast—I took a small crow-bar, forced it open, and ran up stain—I
got near the top of the flight of stairs, and the prisoner was on the top of the stairs—there are only two rooms in the house—the prisoner was in the act of leaving the room, and had got one foot on the stairs—she was coming out of the room, as her face was looking down the stairs—I laid hold of her, and put her back into the room—Duke and Hall followed me up—I was going to put the handcuffs on the prisoner—she said, "Don't handcuff me, I will be quiet"—she seemed much agitated—I told Duke to go to the fire-place, and there was a plaster of Paris mould in a saucepan-lid on the fire, which he took off—I kept the prisoner in custody, and took her to the office—she said coming along, "I may say good bye to England this time, for ever."
Prisoner. The street-door was not fastened—it was wide open, and the landlady can prove it. Witness. It was fastened.
ROBERT DUKE . I am an officer. I accompanied Reynolds—I was not in a situation to see him burst the door open, but I followed him up stairs, and observed the prisoner on a chair, and Reynolds holding her—there was a very strong fire in the grate, and on the top of the fire this saucepan-lid, and in it was this mould quite hot—I took it off—it had the impressions downwards.
WILLIAM HALL . I am an officer. I accompanied Reynolds and Duke to the house—I was immediately behind Reynolds—the street door was shut, and as soon as he put the crow bar to the top, it went open—I cannot say whether it was locked—it might have been unlocked—there was no handle outside that I saw—I followed Duke up stairs—as soon as the prisoner was seated, I searched the place—in a cupboard by the side of the fire-place I found a paper bag containing a quantity of plaster of Paris; and on the hob a pipkin with three pieces of white metal in it, hard, and a tobacco-pipe—under the grate I found three pieces of broken mould, which appeared to have been used, and on the mantel-piece this small file, with white metal in the teeth of it—I asked the prisoner who the things belonged to—she said they were hers—she said the goods in the house were hers—I said "Whose things are these?" meaning the bed and furniture—she said they were hers—I asked who was her landlord—she said Mr. Sherman—she did not exactly know where he lived—I said "Do you owe him any rent?"—she said, "No, I paid all my rent yesterday"—I said "Have you no rent book?"—she said,? Yes, it is in the box," and there I found it.
JOHN FIELD . I am Inspector of Coin to the Mint, and am in the habit of examining materials for coining. I have seen a great many moulds—this is a plaster of Paris mould intended for casting counterfeit half-crowns—it is impressed with the figure and apparent resemblance of the obverse side of half-a-crown; and the other half has the impression of the reverse side—it is usual to keep the mould hot while casting—the bag has plaster of Paris in it—the metal in the pipkin is white metal, which appears like Britannia metal—one piece appears to have been made in a mould, but not in this mould—the others are in the shape of a mould, but have no impression—whatever was on it has been scraped off—a pipkin is usually used to melt the metal, and tobacco-pipes are used to lade the metal out into the mould—the file has white metal in the teeth of it—it is used to take off the rough edge of the coin.
DANIEL SHERMAN . I am a builder, and live in Paradise-row, Bethnal-green. The house, No. 3, Bennet's-court, belongs to me—I considered the prisoner my tenant—an old lady lived there with her—sometimes one
paid the rent and sometimes the other—I have seen them both in the house three or four times a week—I collect the rent every Monday—they came in four or five months ago.
Prisoner. I am quite innocent of what I am accused of.
GUILTY . Aged 20.— Transported for Fifteen Years.
Before Mr. Justice Park.
19. EDWARD STRANGE was indicted for unlawfully, maliciously, and feloniously assaulting Sophia Moore, on the 18th of October, and stabbing and cutting her on her neck, and left shoulder, and head, with intent to murder her.—2nd COUNT, stating his intent to be to maim and disable her.—3rd COUNT, to do her some grievous bodily harm.
SOPHIA MOORE . I live at No. 54, Nelson-street. I have known the prisoner rather better than three years—I lived with him that time—he is a shoemaker by trade—he lived at No. 6, Mount-street, Bethnal-green, at the time I lived with him—I left him on the 13th of October—I met him in Shoreditch on Sunday, the 18th, at half-past eleven o'clock in the morning—he asked me how I was—I told him I was very well—he asked me where I was going—I told him not far—he asked me where I lived—I told him it was no business of his where I lived—he followed me to the corner of the church—I asked him what he was following me for—he asked if I would have any thing to drink—I told him I did not want any thing to drink, and refused to go—he asked me more than once—I walked away from him, and he asked me again—I still refused—I asked him what he was following me for—he told me he was not—he was close behind me—I pushed him away once or twice from me, and told him if he followed me or came to annoy me when I was at home I would chuck a pail of water over him—I crossed over, and went to my own door, No. 61, Castle-street—the door was shut—a little boy opened it who was in the house—when I got in I endeavoured to shut the door, but the prisoner prevented me—he caught hold of me by the shoulder and stabbed me directly—I cannot say where the first stab was—I had one stab on my shoulder—he stabbed me five times—he stabbed me in my throat—I saw the blade of something in his hand, but I cannot say what it was—I called out, "Murder," and laid hold of him by the neck-handkerchief—he said, "You b—let go"—he cut the corners of his handkerchief off with what he had in his hand, and got away—I bled very much—I was taken to the hospital, and was there from the 18th of October to about three weeks ago—this is the bonnet I had on at the time—(looking at it.)
Cross-examined by MR. DOANE. Q. When you met the prisoner this day, he wanted to go with you to your lodging? A. He asked where I lived, and wanted to go in with me—I have told all he said previous to my getting to the door—there was no one present that I know of when he prevented my closing the door on him—I was within the door at the time he put his foot against the door—I was behind it trying to shut it, trying to push it against him—I cannot say whether he put his hand on my shoulder to push me back, that he might get in—when he got in he laid hold of me by the shoulder—he pulled me from behind the door—I did not push him back when he got partly in—I had not hold of his handkerchief before he stabbed me—I was not much excited or angry at the time, nor was I pleased—I was not displeased—I was doing my utmost to keep him out. I did not want him in I was as cool and collected as I am now—I had
left the prisoner to get married to another man, to keep me—I was living I at that house with another man at that time—I was struggling as much I as I could to keep him out—I was not particularly flurried—I am sure I had not hold of his handkerchief before I felt myself stabbed—I laid hold of the corner of his handkerchief—I took hold of it first when I found the blood was running—I had not laid hold of him any where else before that—I cannot tell which was the first stab—he had got completely into the passage when it happened—we were close together then—I was doing nothing to him—I was standing quite still—I did not try to prevent his going further when he got within the door—as soon as he got me from behind the door he stabbed me directly—there was not any struggle between us after he got in—he stopped me when he got me from behind the door, and stabbed me directly—I did not attempt to prevent his going further into the passage—I was taken to the hospital in a cab—I saw him at Worship-street a fortnight after—he expressed his desire to shake hands with me then, and did so.
COURT. Q. Was that after the examination was over? A. Yes.
ELIZABETH FORSET . I and my husband lodge in the parlour of this house, in Castle-street. On the 18th of October, while I was in the parlour, I heard the cry of "Murder," and went out—I saw the prisoner there—he had hold of the prosecutrix by the front of her bonnet, holding her down, and was stabbing her through the crown—this is the bonnet, and here is the hole in the crown—(showing it)—I took hold of her by the shoulder, and said, "Come away from him;" and as I pulled her, he struck her with the knife in the back part of the neck—the knife drew out, and I pulled her away from him—I saw him strike her twice—she had hold of his handkerchief, and he said, "You b—let me go"—he cut the corners of the handkerchief off, and then ran out of doors down Cock-lane—I ran out after him as quick as I could, and he was stopped by a a miller.
Cross-examined. Q. When you came out, hearing the cry, what part of the passage were they in? A. Close against my door, and as close to the street door as could be—it was open—there is a little entrance before you can get to my door, and he was standing inside that—it was the cry of "Murder" which made me come out of my door, but I had seen him in the Broadway before.
JOHN TOOMBES . I live at No. 58, Castle-street, three doors from the prosecutrix. On the 18th of October, I was in my own house—I sent my wife out for something, and came out at the door to look for her—I saw a man and woman standing at the door of No. 61—I saw her go in first, and the prisoner followed after her—I heard a scream immediately after, and went to the door—I saw the prisoner struggling with the woman, and saw him draw his hand from her neck, and saw blood on his hand as he drew it away, and I distinctly saw the blade of a knife—it was like the point of a penknife—he instantly came out of the house—I followed him—I had a child in my arms at the time—I saw him taken, without losing sight of him.
Cross-examined. Q. When you first saw them, were they not scuffling? A. I came to the door as she went in, and can scarcely say—I did not go up to the door till I heard the scream—they were scuffling at the door—he seemed forcing his way in—she was then going in—I could not perceive at that distance whether she was preventing him—I was examined
at the police office—my deposition was read over to me and I signed it—(read)—"I saw the prisoner scuffling with the prosecutrix at the street door."
COURT. Q. Do you mean by scuffling that one was shoving the door to get in, and the other shoving it to keep him out? A. Yes—I saw him shoving the door—she was going in at the door.
ROBERT BECKERSON . I am a policeman. The prisoner was stopped by one or two private individuals—I did not see him stopped—I took him back to No. 61, Castle-street—the prosecutrix saw him and said, "That is the man who stabbed me, and I give him in charge for stabbing me "—I took him to the station house—I produce two pieces of a neck-handkerchief, which were given me by a brother constable.
BENJAMIN BARROW . I am house-surgeon to St. Bartholomew's Hospital. The prosecutrix was brought there on the 18th of October 1—I found five wounds on the upper part of her body—there were two on the head, and one on the back part of the neck, on the left side—the one on the neck was about an inch in length—there was One in front of the throat, on the right side, about the same length, and one on the left shoulder—I considered she was in danger at the time—she was under my care about a fortnight—they were stabs from a sharp instrument.
GUILTY on the 3rd Count.— Confined Two Years.
Before Lord Chief Justice Denman.
20. ROBERT COLE was indicted for burglariously breaking and entering the dwelling-house of James Partridge, about the hour of two in the night of the 1st of November, with intent to steal, and stealing therein, 1 handkerchief, value 2s. 6d., his goods.
JAMES PARTRIDGE . I live in Darkhouse-lane, Billingsgate, in the parish of St. Mary-at-hill—mine is a night house. On the 1st of November, about two o'clock in the morning, I saw the prisoner standing outside the bar of my house in the passage—he applied to my servant for a bed, and paid for it before he went to it—he went to bed about two o'clock, and about a quarter to three I heard my wife cry out that there was a man in her room—I was down stairs—I went up directly into our bed-room, at soon as I could get a light, but found nobody there but my wife—I cannot prove that the room door was fast—I had got up and left my wife in bed—I cannot swear I closed the door—it might possibly have been left open—in consequence of the alarm I went to the prisoner's room with an officer, and found him in bed—my man came into the room, and in consequence of what he said I felt the candle in the room, and it was warm as if lately blown out—I searched the room and found nothing then, but two or three hours after we found a handkerchief which I missed from my bed-room, under the prisoner's bed, between the sacking and the bed—he was still in bed—this is the handkerchief—I had seen it safe in my own room when I went to bed.
ANN PARTRIDGE . I am the prosecutor's wife. My husband got up early in the morning on the 2nd of November—I had seen the handkerchief about eleven o'clock, when I went to bed, on a chair close by the bed-room door—I was awoke when my husband got op—I know this to he the handkerchief—I have my own marking on it—I can positively swear the door was shut when my husband went down—I was awake, and saw him shut it after he went out—I am quite sure it was on the latch—I was awoke afterwards by the glare of A. candle coming in at the door, as
I suppose—I saw somebody at the foot of the bed stooping down—I thought it was my husband, and asked him what he was looking for—the person turned round as he was going towards the dressing table—he went towards the door and left the room—I gave an alarm, and my husband came up—the handkerchief had been placed over some clothes the day before, and when I went to bed I took hold of it and placed it further on the chair.
JOHN CHARLTON . I am a policeman. I was sent for to Mr. Partridge's house on Tuesday morning, the 2nd of November, between five and six o'clock—an officer had been there before me—I went with the prosecutor into the room, and found the prisoner in bed—he was very reluctant to get up, and while he was getting up they searched his clothes, and found three sovereigns, four half-crowns, 3s. 6d., and fourteen duplicates, seven of them for handkerchiefs—I found this handkerchief between his bed and sacking.
Prisoner's Defence (written.) I was rather intoxicated when I went to the house—I called for some coffee and went to bed—I dropped a sixpence, but did not miss it till I got up stairs, when I searched for it but could not find it, after being in bed about five minutes the alarm was given, and the sixpence I had lost was found in my umbrella—nearly at the same time I went to bed two females went up stairs—all was quiet till half-past six o'clock, when the handkerchief was found under the bed—if I had known it was there I could not have slept, besides there was time to have eaten it if I was guilty—the landlady said at first that the man had a great-coat on in the room, but afterwards said she saw somebody crawling on his hands and knees.
JAMES PARTRIDGE re-examined. I sent for an officer first who is not here now—the prisoner did not say any thing about losing sixpence—we found a sixpence in his umbrella when the officer examined it—but I did not hear the prisoner say he had lost one before that—there were no women in the house besides my own family—we had two men lodgers.
ANN PARTRIDGE re-examined. I told the officer the man had a coat on, and a brass candlestick in his hand—I believe I said a frock-coat—we had but two brass candlesticks, one was in my room, and the prisoner had the other in his room—when I went into it I saw it there, and am sure the person in my room had a brass candlestick in his hand—I said so before I saw him—he went out stooping, and I believe he went out on his hands and knees.
GUILTY of stealing only. Aged 25.— Transported for Seven Years.
Before Lord Chief Justice Denman.
21. WILLIAM STEWARDSON and DANIEL HOCKLEY were indicted for stealing, on the 16th of November, at St. Andrew by the Wardrobe, 1 watch, value 20s.; 1 seal, value 8s.; 1 chain, value 4d.; 1 key, value 4d.; 10 sovereigns, and 1 £5 note; the goods, monies, and property of Edward Stewardson, in his dwelling-house.
o'clock in the morning I found my bureau broken open, and missed ten sovereigns, a £5 note, a knife, and other things, I cannot exactly say what—my watch was gone, which I had seen safe the day before—the prisoner lived with me, and slept in an adjoining room—he was gone when I missed my property, and I did not see him again till the following day—I gave notice to my children, and they went in search of him—(looking at the property)—I believe this watch to be mine and what I missed—I cannot swear to the £5 note—I had received six £5 notes from the Savings-bank the night before—I did not know they were indorsed at that time, but when I lost this one I looked at the rest, and all five of them were indorsed.
THOMAS STEWARDSON . I am the prosecutor's son. I went in search of my brother, and found him next morning in a cab, near London-bridge, coming down to the steam-wharf—I gave him in charge, and went with the officer to Hockley's house, whose father promised he should appear next day at the office, and we did not take him.
Cross-examined by MR. PHILLIPS. Q. I believe he did appear before the Magistrate? A. Yes—the first day, and was allowed to go at large on his father's promise, but he did not come next day till the Magistrate sent for him.
JOSIAH EVANS . I am street-keeper of Candle wick Ward. I went with the last witness to Hockley's, and asked him if he knew young Stewardson—he said, "Yes"—I asked if he had been with him the day before—he said, "Yes"—I asked him if he had any thing about him—he said "Yes, "and gave me this knife—I asked if he had any money—he said not, and I found none on him—I took Stewardson into custody while he was settling with the caiman—I took him into a coffee-shop, and said, "You have robbed your father of some money"—he said "Yes, I have"—I said, "Have you any money left?"—he said "Yes"—I said, "Give it to me"—he pulled out a purse with eight sovereigns and a half—at the station-house I found a watch on him, and a new dirk—I find two dirks have been bought—they gave 11s. for the two I understand—Mr. Stewardson's house is in the parish of St. Andrew by the Wardrobe.
AGNES ORCHARD . I keep an eating-house at Greenwich. The two prisoners came to my house on the 16th of November, about a quarter past ten o'clock—they had something to eat, and paid me 1s.—I gave them change—Stewardson then asked me to change a £5 note, which he produced—I said, "How came such a little boy as you with a £5 note?"—he said he had it from his uncle, who was going off in a steam-packet—I saw the dirk at Hockley's side, and asked where he got it—he said his uncle gave it to him—I said, "How can it be your uncle? you are not brothers"—he then said a gentleman gave it to him as he came along the road—I said, "I think I see something more you have got here" and I saw a box of shot—he said his uncle was a bottle-merchant, and he had picked them out of the tub—I saw Stewardson nudge him—my son then asked him about the dirk, and they said a gentleman gave it to them, who they did not know—I put them into the back parlour, and sent for an officer, but they jumped out of window and were gone in a moment—I am certain of their persons.
STEWARDSON*— GUILTY . Aged 14.— Confined One Year. HOCKLEY— NOT GUILTY .
22. DANIEL HOCKLEY was again indicted for feloniously receiving of a certain evil-disposed person, 1 penknife, value 1s. the goods of Edward Stewardson, well knowing it to have been stolen; against the Statute, &c.
Upon which no evidence was offered.
NOT GUILTY .
Third Jury, before Mr. Recorder.
23. JOHN ARMSTRONG was indicted for burglariously breaking and entering the dwelling-house of John Laurence, at St. Matthew, Bethnal-green, about two in the night of the 27th of October, with intent to steal, and stealing therein, 4 keys, value 2s.; and 2 shillings, and 1 sixpence, his goods and monies.
JOHN LAURENCE . I am a shoemaker, and live in Cambridge-road, in the parish of St. Matthew, Bethnal-green. The prisoner was formerly my apprentice—I went to bed on the night of the 27th of October, about half-past ten o'clock—my servant Emma Frost secured the house—my wife touched my elbow several times in the night which awoke me—I felt a draught come on my face, and was convinced that my room door was open—she still kept touching my elbow—I looked on one side and saw somebody's face opposite my bed, close to the drawers—he was at one of the drawers—it was not light enough to distinguish his features—I jumped out of bed and seized him by the leg—he got away—I followed him down, and stood in the passage to listen where he was gone to—I did not go into the kitchen—I heard a noise and ran into the garden, where I found the prisoner, and secured him—I sent my son for a constable, who took him in charge—on going up stairs I found one of the drawers in the bed-room open, with a key in it which had been taken from my pocket, which had been at the head of my bed with four others—I missed from my pocket, what silver I had the night before, which was about half a crown—I saw the prisoner searched at the station-house—five keys were found upon him, four of which were mine, and two shillings and a sixpence—I am sure I lost as much as that—I also missed a silver watch, two gold seals, a gold key, and chain from the drawer—they not been found—I had not seen them in the drawer for a fortnight before, not having gone to the drawer—I am certain my room door was shut when have I went to bed—my wife came into the room last, but I am sure the door was shut—it could be opened from without—there is a door at the top of the cellar stairs fastened by a button—a person could come that way to the room, and I found the edge of that door and door-post scratched as if it had been prised open, and the corner of the button was broken off—that would enable a person to come to the stairs leading to my room—when the policeman knocked at the door, I shook the prisoner, and said, "You villian, who are you?" he answered that he was "Jack"—I knew his voice—he went by that name when he was apprenticed to me—it was about half-past two o'clock.
Prisoner. It was about half-past ten, or twenty minutes to eleven o'clock when I entered the house—I went up the cellar-stairs, but the button of the door was not broken off—he could not see my face, it was against the wall—he came into the kitchen where I was, and felt round, and was within four inches of me—when I got into the garden he put me into the hands of my fellow-apprentice. Witness. My other apprentice came down—my wife brought my trowsers and coat down—the apprentice held him while I put them on, and then I held him again till the policeman came.
EDWARD CLAXTON . I am a policeman. On the morning in question I was called to the premises by the prosecutor's son, and took the prisoner in charge—the prosecutor was standing by him—I searched the prisoner at the station-house, and found 2 shillings and sixpence, and five keys on him—the prosecutor claimed four of the keys, and I afterwards received the key of the drawer—as I took him to the office, I asked him if those were the and keys he had taken from the prosecutor's trowsers—he said, yes he did, the 2s. 6d. in money—I noticed the cellar-door post, and the button—it had been broken away by some instrument.
EMMA FROST . I am servant to the prosecutor. On the 27th of October I made the house secure—I recollect the cellar-door—I went down five or ten minutes before I went to bed for some wood, and buttoned the door after me—I am certain the other doors and places were secure—I saw the button next morning—part of it was broken, and the door wrenched open.
Prisoner. I wish him asked about my character. Witness. I had rather not be asked about it—he once took the shoes out of my house and pawned them—I pardoned him for it—he went away, leaving part of my work unfinished, and the rest he took away, and I have never seen it since.
(The prisoner put in a paper stating that he was in a state of starvation at the time, which tempted him to commit the offence,)
GUILTY . Aged 22.— Transported for Ten Years.
ELIZABETH EMAR . I am the wife of William Emar, and live at Hillingdon. On Wednesday, the 11th of October, I had some brass taps in our tent in a lane at Hillingdon—I missed three on the Sunday morning following, and found two at Eastcot, which corresponded exactly with those I lost, but having no private mark on them, I could not swear to them—I believe them to be mine—I have known the prisoner from a child—he was encamped in the same lane—I never knew any harm of him before this.
HANNAH SMITH . I live with my mother, Mrs. Gregory, who keeps the Black Horse at Eastcot. We bought a tap, a saucepan, and a pint tin pot, of a person with a basket at our bar, but I cannot swear the prisoner is the man.
WILLIAM RATCLIFF . I was in Mrs. Gregory's public-house at dinner—I did not see Mrs. Smith buy any thing—I saw nothing offered to her to buy—I did not see any tin pot or can offered to her—I saw the prisoner there, but did not see him offer any thing for sale—I have not forgotten what I said before the Magistrate—it was read over to me—I never said that the prisoner offered a tin pot and a tin can for sale to Mrs. Gregory (looking at his deposition)—I cannot say whether this is my mark—I cannot read—the clerk read to me correctly what I stated—I never said that the prisoner offered a tin pot and tin can for sale—I said he might have offered some taps for sale without my seeing him—but I never said he offered a tin pot and can—I never saw him do so.
JOHN LARKIN . I had the prisoner three days in custody—during that time an agreement was drawn up to make up Mrs. Emar's loss, but I would have nothing of the sort done, and took him before the Magistrate—as to Ratcliff, I can swear every word that is in his deposition he said before the Bench.
NOT GUILTY .
MARY CORCORAN . I am a widow, and live in Tindals-buildings, Gray's Inn-lane. The prisoner lodged in a furnished room of mine for nine months, with a man who passed as her husband—his name is Barrett—I missed these articles from her room—they both took the room together—he said at Hatton Garden that he was not her husband, and she said they were not married—when I missed the articles, the prisoner said she could not give them to me—I had her taken, and she gave up the tickets at the office—she owes me 28s. rent, at 3s. a week.
Prisoner. Q. Did not you give me leave, when short of money, to pawn articles? A. Never—she never asked my leave, nor ever told me she had pawned them—she never pawned them before, to my knowledge.
JOHN CLARIDGE . I am shopman to Mr. King, a pawnbroker, in High Holborn. I produce two blankets and a sheet, one pawned on the 31st of August, and the other on the 23rd of October—the one on the 23rd of October was pawned by the prisoner—I do not know who pawned the other, it is so long ago—the duplicates produced correspond with the articles, and are all in my handwriting.
JAMES SMITH (police-constable G 79.) I received the prisoner in charge—she said she had pawned the articles through distress—I found a duplicate of one sheet in her room, and she gave up the others before the Magistrate.
Prisoner. The woman who lodged in the house pawned them with her own clothes, I sent her with them—the prosecutrix gave me a severe beating, and tore the clothes off my back, because I did not pay my rent.
MARY CORCORAN . re-examined. I did not beat her—there was not a word of anger whatever—I did not tear her gown off, or lay a finger on her—I never gave her leave to pawn the things—I never knew that any thing of mine was pawned.
Prisoner. She knew they were in pledge, the very first article which was pawned four months ago—it is all spite, because I have not paid the rent. Witness. I went up to her room for the week's rent, and there was nothing on the bed but an old rag—I asked where the bed-clothes were?—she said she had them in pawn—I said, "How came you to pawn them ?—she said she did it from distress—the man was always in work, but they were so fond of drink, and the witness who is coming is one of the party.
(Witness for the Defence.)
MARY RILEY . I rent a room of the prosecutrix. She happened to come into my room one day and said to the prisoner, "Mrs. Barrett, if you are in distress, take and pawn the blanket off your bed, and you will feel it more than I shall"—to the best of my opinion, that was two or three months ago—I
cannot tell whether it was hot or cold weather at the time—I did not keep that in my memory, but I heard her make mention of those words—the prisoner was crying in my room about her distress, and Mrs. Corcoran said, "I cannot relieve you, but if you think proper to. pawn the blanket on your bed you may."
Prisoner. Q. Were you not there one night when she came up to beat me? A. Yes—it was on a Saturday night—I cannot say how long ago—it was after the blanket was pawned—she beat her because she had not money to give her.
MARY CORCORAN re-examined. This witness says false—last Sunday morning she and another witness beat me, because I was coming to prosecute the prisoner, and I have got a black eye now—it was to prevent my coming forward as a witness.
MRS. RILEY. I did not strike her—the policeman can tell very different to that—she came to my house between one and two o'clock on Sunday morning—I had left her, and gone to Fetter-lane to live—she fetched two policemen to my house, and had my husband, Mr. Barrett, and myself taken, and swore false against us in the morning, and Mr. Laing gave us liberty—I did not strike her.
JAMES SMITH re-examined. Mrs. Riley and her husband lodged in the same house as the prosecutrix—they left her—she suspected they had robbed her, and gave them in charge on suspicion of stealing articles—I believe it was Mrs. Riley beat the prosecutrix in the manner she has described, but I am not quite certain, as I was not inside the house—she had no bruise when she went into the house, and she came out bruised—Mrs. Riley was taken up, but no property found—she had left the lodging the night she heard of the robbery
NOT GUILTY .
PETER VON KEMPEN . I live in Cottage-grove, Mile-end. On the 3rd of November I was in High-street, Wapping, at a quarter before ten o'clock in the morning—my attention was called to a public-house, and on looking at my pocket I missed my handkerchief—I saw the prisoner at that public-house, standing in front of the bar—Endersbee pointed out my handkerchief to me, and I gave it to the officer when he came.
WILLIAM ENDERSBEE . I live in High-street, Wapping. I was at my door on the morning of the 3rd of November, and saw the prisoner dodging behind the prosecutor, and endeavouring, while some horses were passing, to draw his handkerchief, but between the two horses I distinctly saw him take the handkerchief from his pocket—I believe he saw me—he went into the Queen's Arms public-house, and threw the handkerchief behind the bar—I charged him with stealing it—he took his hat off, and said, "It is my own handkerchief," meaning one in his hat—the prosecutor said that was not his—the landlady came out, and said, "Here it is, behind the stone-bottle," and the prosecutor claimed it
Prisoner. It was found behind the bar. Witness. He threw it into the corner, and it went behind a stone-bottle—it was found exactly in the direction he threw it—I did not see him throw it, but I saw him take it out of the prosecutor's pocket—he was taken inside the house.
(Property produced and sworn to.
) Prisoner's Defence. I went into the public-house to get something to drink—I was not inside the house when they laid hold of me—I was on the top step, just going up.
GUILTY . * Aged 22.— Confined Twelve Months.
JOHN EASON . I am shopman to Charles Flower Murfin and another, of Tottenham-court-road. On the 7th of November the prisoner came to purchase a reel of cotton, to match a piece of print—the apprentice served her—she asked to look at some ribbons, and the lad showed her a basket of gauze ribbons—I was standing by—she selected a piece which she said she would take—she then altered her mind, and said she would look at some sarsnet ribbons—the lad left the basket, and turned his back to get the drawer of sarsnet ribbons—while he turned his back, I saw her place a piece of cloth partly over the basket of ribbons—she took a piece out, and I saw her place it under her right armpit—I said nothing to her till she went out of the shop—she looked at the sarsnet ribbons, but bought none, and went out—I followed her just outside the door, and asked her to step inside, as I wished to speak to her—she said she would not—I told her I would fetch a policeman, and make her—she then came in, and I said, "You have a piece of ribbon belonging to us"—she said, "I have not"—I told her it was under her armpit—I pulled her shawl on one side, and there I saw it—I took it out—I told the Magistrate that she refused to return—(the witness's deposition being read, stated, "I asked her to step in, and she did so ")—this is the piece of ribbon—it is worth 3s.—she had paid 1d. for the cotton—my employers have inquired, and find her family bear a good character—I never saw her before.
WILLIAM LORD (police-constable E 9.) I was sent for to the shop, and told the prisoner she must come with me—she said, "I am sorry for it, I took it, I cannot help it"—she appeared agitated—I took her to the station—she was searched, and the reel of cotton was found, but no money.
GUILTY . Aged 16—Strongly recommended to mercy. Judgment Respited.
MARY CAIN . I am the wife of Thomas Cain, a bricklayer, and live in Richardson's-buildings, Attfield-street; the prisoner is my son. On the 25th of October I missed a table-cloth out of my box—I did not know it was gone till the prisoner showed me the duplicate—I did not accuse him of having taken it before he showed it me—he said, "Here is a ticket belonging to you, and I mean to have something more yet"—I did not know what it was then till I missed my table-cloth—I asked him for the ticket again, and he would not give it to me—my daughter had a box in the house, which was broken open—I did not see any body break it—the prisoner was in the room—I heard a noise and went into the room, and he had got all the things out—he said he should take them and pledge them, for he wanted new shoes and a new hat.
HENRY VORLEY . I am in the employ of Chartes Bath, a pawnbroker, in Goswell-street. On the 23rd of October, to the best of my belief, I saw the prisoner at the shop, but I cannot swear to him—I have a table-cloth, which was pawned for 9d.
MRS. CAIN re-examined. This is my cloth—I did not miss it till he showed me the duplicate—he held it up to me, but I could not read it—next day I asked him to give me the ticket of the table-cloth, and he said he would not—he had pawned it—I had not lost any thing else—he said, "This is something of yours," in a sort of bravado—I put myself in a passion with him, because he said he was going to take some more things.
GUILTY . Aged 19.— Confined Twelve Months; Four Weeks Solitary.
NEW COURT.—Wednesday, November 29th, 1837.
Sixth Jury, before Mr. Common Sergeant,
GUILTY . Aged 15.— Confined Three Days.
30. JAMES MULLINS was indicted for stealing, on the 30th of October, 1 pair of boots, value 9s.; 9 shirts, value 12s.; 7 pairs of stockings, value 1s.; 4 aprons, value 9d., petticoat, value 12s. 6d.; and 5 towels, value 1s. 6d.; the goods of James Cook.
JAMES COOK . I live in Great Earl-street, Seven Dials, and am a tailor. I took the prisoner in out of charity, and he remained with me about ten days—on the 30th of October he left—I missed a pair of boots and the other things—the boots are here—the other things we have not got—the boots are mine.
Prisoner. I never had them.
JOHN PIKE (police-constable F 105.) The prisoner was given into custody to me by the prosecutor—I asked what he had done with the boots and bundle of linen—he said he had pledged the boots at Mr. Bassett's, and had given the bundle of linen to a boy to sell, and he had half the money.
Prisoner. I did not—the gentleman took 2s. 6d. away from me.
GUILTY of stealing the boots Aged 15.
Confined Three Months; One Week Solitary.
GUILTY . Aged 33.— Confined One Year.
32. ROBERT LLOYD was indicted for that he feloniously did utter, dispose of, and put off a certain forged receipt for 18d., well knowing the same to be forged, with intent to defraud Edmund Pontifex and others.—2nd COUNT, stating it to be an altered receipt.
JAMES PAYNE . I am receiver of the Export Dock Rates at the West India Export Docks. On the 18th of October I received 6d. on a bill now produced—I cannot swear it was from the prisoner—I received it on this bill for a case of goods, which was brought there, and I received 1d. for wharfage from somebody that brought the case—it was marked T. R. S. 49, according to this paper.
RICHARD COLE . I am in the employ of Messrs. Pontifex. I gave the prisoner three cases to take to the West India Docks—I gave him a case with this mark on it—(looking at the invoice)—he brought back this paper with 1s. 6d. on it—he charged me 1s. 6d.—I gave him two half-crowns.
Cross-examined by MR. PAYNE. Q. How long had the prisoner been in their employ? A. About ten months, I believe—he was generally employed as a labourer and porter, and sometimes sent with a cart—I had sent him with some cases the evening before—I then gave him a half-sovereign—he came back, and said he was too late, and returned it—I sent him with the same cases the next day, and gave him 5s.—he brought back this bill, with 1s. 6d. on it, and gave the change—on one of them he paid the charges—sometimes the persons we send the goods by, pay the charges—he had been employed to receive money and take goods—I passed the bill to Mr. Berry, the warehouseman—it was not shown to the prisoner at all again—he had a truck that day—he had a cart sometimes.
(The prisoner received a good character.)
33. ROBERT LLOYD was again indicted for feloniously uttering, on the 21st of October, a forged receipt for 2s. 9d., with intent to defraud Edmund Pontifex and others.—2nd COUNT, stating it to be an altered receipt
SOMERSET ALLEN . I am clerk to the St. George Steam-packet Company, St. Katharine's-docks. On the 21st of October I received 1s. 9d. on this bill—I do not know from whom—I gave it to some person who brought the articles.
WILLIAM BEEBY . I am clerk to Messrs. Pontifex and others. On the 21st of October I gave the prisoner some money to pay charges on some goods at the St. George's Steam-packet Wharf—he returned with this bill, which he gave to Cole—I gave the prisoner 12s. 6d.—he did not pay me when he came back—he paid Cole the difference.
Cross-examined by MR. PAYNE. Q. How many places had he to go to? A. Six—the Wool-quay was one of them—I cannot say whether it was our horse that he had, or a hired one—when we are busy we occasionally hire horses—Mr. Pontifex has more than one partner—I do not know more than is written over the door, which is, "William Pontifex, Son, and Wood"—Mr. Wood and Mr. Edmund Pontifex attend there.
RICHARD COLE . I am in the employ of Messrs. Pontifex. The prisoner gave me this ticket, and various others, on Monday morning as I came in—he gave me the book and wharf tickets, and said, "You can give
these to Mr. Beeby;" and he gave me 2s. 6 1/2d—he said, "Have you got any halfpence?"—I said, "No"—he said, "I must owe you one"—he had to give me 2s. 7d.—he only gave me 2s. 6 1/2d—the other tickets, and this, and the 2s. 7d., make up the 12s. 6d.,—I did not reck on it up myself.
WILLIAM BEERY re-examinedOn the Monday Cole came to account with me, and paid me 2s. 7d.,—the amount be stated to have paid came to 10s. 9d., and a letter which Cole tells me he paid for On Saturday night 2d., making 2s. 7d.,—then I repaired Cole 1s. 7d.,—he said, "I have got 2s. 7d.,"—I said, "There is, too much;" but after this I found a direction which should have been on one of the packages, and then I sent a boy with it to nail it oh the case and gave him this tickets; and the boy brought it back, and said it had been altered—I gave him 12s. 6d.,
NOT GUILTY .
34. ROBERT LLOYD was again indicted for feloniously uttering, on the 21st of October, a certain forged receipt for 3s. 10d., well knowing the same to be forged, with intent to defraud Edmund Pontifex and others.—2nd COUNT, stating it to be an altered receipts
Cross-examined. Q. Are you quite certain you. only received 3s. 6d.,? A. Yes—I cannot tell from whom—the only difference between this bill and the money is 4d.—there is a good deal of business one at one wharf—we have to go in one way, and out another—net from the street; but the carts have to make a small circuit to go out.
WILLIAM BEEBY I am clerk to Pontifex and Co. I gave the prisoner 2s. 6d. on the 21st of October—I settled with Cole the following day—there was 3s. 10d., charged by him, and this bill produced—it was necessary that the charges on this bill should have been 3s. 10d., to make amount.
Cross-examined. Q. Are you quite sure that you allowed him 3s. 10d. on this? A. Yes—the receipt was delivered to Cole.
Cross-examined. Q. Did you go into the account? A. No.
Prisoner. These were the bills that were delivered for the 12s. 6d.—there was no deficiency of 4d. at all—was right.
GUILTY . Aged 37.—Recommended to mercy by the Jury.
Confined Two Years.
ELIZABETH MORRIS . I am the wife of Francis Morris, and live in New Inn-passage, near Houghton-street. I went out about half-past seven o'clock in the evening, on the 30th of October—I returned at ten minutes before eight o'clock, and perceived my room door ajar—I had seen my property Safe before I went out, and knowing that my door had been fast before, I rushed in, and found a man—I collared him, and he dropped something—he struggled with me all down stairs—at the street door he got from me, and ran off—I ran down Houghton-street after him—I am certain the prisoner is the man—there was a public-house opposite, with a strong gas light—I could see him distinctly—I lost, him turning into Clement's
Inn—I returned home, and found a bag in the place where I saw him drop something—I found these goods in it, which are my husband's—the prisoner was brought back, and I recognised him immediately.
Cross-examined by MR. CLARKSON. Q. Is your husband here? A. No—I never saw the prisoner before—we have a gas light at the corner of our house—mine is the first-floor front room—the prisoner had a fustian coat on—I had no candle—I think it was about four minutes from the time I let go of him till the man was brought to me—he had a hat on till I lost sight of him.
DAVID RICHARDS . I am a policeman. I was on duty in Clement's-lane—about five minutes before eight o'clock I heard a cry of "Stop thief"—I ran up a court, and waited there till I saw the prisoner come up Grange-court—I ran before him—he ran into my arms—he said, "It was not me"—I said, "What made you run?"—he said, "Because others ran"—I asked him what made him so far in front—he said he was afraid of being taken—I took him back.
Cross-examined. Q. Did you say one word before the Justices about his being in front, and saying he was afraid of being taken? A. Yes—what I said was taken down and read over to me, I believe—it is not put down, but I mentioned it—I heard him deny all knowledge of it—I found on him a box of lucifer-matches and two mutton-chops.
ELIZABETH ARDEN . I saw the prisoner go into the passage at four o'clock, and three more in his company—one of them said something, and then the prisoner said,? I will be d----d if I don't have something "—one of the others made use of a bad expression, and said, "I commend your pluck"—I went up stairs, and was there three quarters of an hour—I then came down, and went out for half an hour—then I returned, and the prisoner was there again—I was going to Mr. Higgins, the schoolmaster, to know whether the family was at home—I saw Mr. Higgins come out; and about twenty minutes to eight o'clock I came down for a pint of ale, and brought down a bent sixpence—the publican would not take it, and I went back to my mother—as I came back I saw the prisoner with a bag, at the top of New Inn-passage, alone—his two companions stood at the corner of Newcastle-street—I saw the prisoner go to the prosecutor's door with the bag in his hand—I did not take any notice of his going in—I positively swear he is the man that went in—I saw him when he was taken—I said, "That is the fellow I have seen lurking about Clare-market for three months, in a manner he could not have been if he had been in any employment "—I went to Bow-street to ascertain if he was the same person I saw go into the house—that was before he was examined—I did not state this before the Magistrate—I was not called upon.
(Witness for the Defence.)
CHARLES SHIRLEY COCK . I live in Chapel-street, Somers-town, and am a butcher. The prisoner lived with me as servant—he came about eight months ago, and left me on the 2nd of October—it cannot be true that for the last three months he has been wandering about Clare-market.
NOT GUILTY .
GUILTY . Aged 28.— Confined Four Days.
WILLIAM BRYANT . I am servant to Mr. James Law, of Tottenham-court-road. I had some butter, on the 30th of October, in my basket, at a quarter before ten o'clock—I left it on the rails, at No. 45, Bedford-square—I did not go out of sight of it—I was about five yards from it, an area—I heard the basket move—I looked up, and saw the prisoner lifting the butter out of the basket, and the cloth—he went off—I pursued—he was stopped in my sight—he dropped the butter—I saw it fall.
Prisoner. I was going through Bedford-square, a man came and gave me the butter, and asked me to carry it for him—as soon as I was going I heard a cry of "Stop thief," the man ran off, and I was taken.
GUILTY . Aged 22.— Confined Three Months.
38. HENRY BURGESS HILLYARD was indicated for stealing, on the 14th of November, 2 coats, value 1l. 5s.; 3 pairs of trousers, value 12s.; 3 scarfs, value 10s.; 2 yards of velvet, value, 12s.; 1 bag, value 1s., 2 instruments called trevats, value 6s. 6d.; and 2 waistcoats, value 5s., the property of George Cluff, his master.
GEORGE CLUFF. I am a silk manufacturer. living in Godfrey-row, Shacklewell-green. On Tuesday evening, the'14th of November, I found the prisoner had left my employ—he was in my employ at that time, but not previous to that—he was working in the room—I found that he was gone, and the coats and other things also—these are part of them.
MOSES MOSES . The prisoner brought a coat to my house in the evening, and said he had been in the service of a publican at Greenwich wanted a little money—he changed that coat for the one he has on now, and I gave him 1s. 6d.
GUILTY . * Aged 19.— Transported for Seven Years.
SILLS GIBBONS . I was putting up my master's shutters in Barbican, on the 23rd of November, and saw the prisoner Brown go to Mr. Howson's door opposite, and take the books, and give them to Fitzgerald—she was standing close beside the window, within a couple of yards—I went and told, and the young man ran after them—I followed him—we took them both, and took the books from Fitzgerald.
Brown's Defence. I was going along Barbican—Gibbons came and out charged me with taking books—I said I had not.
Fitzgerald. I had been with a young man all the afternoon, and he gave me the books, but it was not this young man—I found him when I
got back to the shop—I said, when I was taken, that a young man gave me them, and he was going on before them.
SILLS GIBBONS re-examined. I had seen them talking together for two or, three minutes before they took the books.
BROWN— GUILTY . Aged 23.
FITZGERALD*— GUILTY . Aged 28.
Confined Three Months.
Fifth Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 15.— Confined Six Months.
GUILTY . Aged 12.—( Judgment Respited.)
GUILTY . Aged 34.— Confined Nine Months from the Expiration of his former Sentence.
(See page 1.)
43. JAMES HORTON was indicted for stealing, on the 4th. of November, 6 wooden boards, value 8s., the goods of Joshua Ramsay, his master; and CHARLES WOOLFE for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
JOSEPH CHILD. I, am a labourer. On the 4th of November I saw Horton driving a one-horse cart—I believe it was in Ann's-place—I suppose a hundred: or two hundred yards from Mr. Woolfe's, and a good distance from the prosecutor's—he had some boards—I suspected all was not right—I die not know with whom Horton worked—he stopped at a distance from Woolfe's house, took the boards off the cart, and took them to Woolfe's, then came and drove the cart on—I went to Mr. Joshua Ramsay, No 36, Walbrook, whose name was on the cart.
Cross-examined by MR. JONES. Q. It was not within sight of Woolfe's house? A. Yes it was—a person in the shop could not have seen the cart—there is written up at Woolfe's house, "Rag and Bottle Warehouse."
JOSHUA RAMSAY . I am a builder. Horton has been in my service three months as carman—I saw some boards at Woolfe's—I know them to be mine—they were taken from a shop in my yard, in Horton—I know nothing of Woolfe—I had ordered a load, of Horton, from my yard at Horton, to my house in the City, and that he brought, but no boards—I went to Woolfe's, and took a policeman, and saw Mrs. Woolfe in the shop—the prisoner Woolfe was at home, but did not hear what passed—I found my boards in a passage leading from the shop to the back premises—that was not a place to keep boards—they were put out of the shop, just outside a door leading to some back premises—I saw Woolfe—his mother said, "Do you know any thing of these boards?"—he said, "I
do; a man brought them; I gave him a shilling for them"—he was to come in the evening to see if you would give him any more—he said he knew the man, and see him repeatedly pass—they are worth 8s.
Cross-examined. Q. Do not you know that his father keeps the shop A. I suppose he does—I have made inquiries—these boards were new he said he had given 1s. for them—he did not say on them—he said before the Magistrate that he refused to have any thing to do with them, but the man stated that he was in deep distress, and he let him have 1s., and he was to come and see what more they would give him.
Horton. I took them by mistake, and thought I would not take them back—I would call for them at night.
ALLAN CAMERON . I am a policeman. On the 4th of November Mr. Ramsay gave information—I went with him to Woolfe's house, and saw Mrs. Woolfe—the prisoner came, shortly after—his mother asked him if he knew any thing about these boards—he said, "Yes: I gave him 1s., and the person was to call again in the evening to see if you or father would give any more"—I afterwards took Horton.
Cross-examined. Q. They were standing in the passage openly? A. They were, standing in a nook leading from the room up stairs—any one passing would be likely to see them—I heard no such word as on them—the Magistrate admitted Woolfe to bail.
JOHN WELLS I am a policeman. I took Woolfe—he said he had given 1s. for them, and the man was to call again.
HORTON— GUILTY . Aged 48.— Confined Three Months.
WOOLFE— NOT GUILTY .
JANE BUCHANAN . I am a laundress, and live in Old Ivy-street—my husband's name is Robert The prisoner was a servant of mine—I employed him to carry out linen every week—if the customers gave him money he was to bring it to me—he has done so a great many times—he ought to have accounted to me when he came home.
ELIZABETH CHAPLIN . The prosecutrix washed for me—on the 18th of October I paid the prisoner 6s. 1d. on account of his mistress—that was the amount of the bill—he did not give me a receipt, as he could only make a mark.
CAROLINE MARTIN. Mrs. Buchanan washes for my mistress—on the 24th of October I paid the prisoner 1l. 17s. 6d.,—he made his cross bill, which I have here—I saw him mark it—the bill is "1l. 17s. 6d., paid 24th October."
WILLAM SANDERS . I am a police-constable. I took the prisoner—he asked me at his house what I took him for—I said for embezzling sums of money—he said he had taken the money and spent it—I found 4s. on him—he did no tell me he had lost it.
Prisoner. I said I knew I had not paid it, because I had the misfortune to lose it.
Prisoner. I am sorry I did not go to her to let her know I had the
misfortune to lose it.
GUILTY . Aged 38.—Recommended to mercy by the Prosecutrix.— Confined Six Months.
45. MICHAEL WICKHAM was indicted for stealing, on the 22nd of May, 11 planes, value 1l. 17s.; 17 chisels, value 9s.; 1 gimlet, value 1d.; 1 knife, value 1s. 6d.; 1 spokeshave, value 1s.; 14 yards of line, value 4d.; and 1 saw, value 3s., the goods of Thomas Wickham.
THOMAS WICKHAM , Jun. I am a carpenter, and live at Penshurst, in Kent, with my father. Our shop was broken open once in April, and on the 22nd of May the prisoner went away—there were a variety of carpenter's tools taken—the prisoner is my cousin—I did not know where he was living at the time the tools were stolen—I came to Mr. Burridge, the officer, and gave information—last month I heard the prisoner was working for a master carpenter at Sutton—this plane is mine—it is marked with my name—I have the iron it was marked with, and these planes, I believe, belong to my father—this one I know does—it has his name on it—his name is Thomas Wickham—they were lost in May from Mr. Well's shop—my father lost a great many—I did not lose so many.
Cross-examined by MR. PAYNE. Q. When was this large plane lost? A. In April, from my father's shop—I had last seen the other planes in a box in Well's shop, on the 20th of May, and when we went to work on the 22nd, the shop had been opened and the tools stolen—it is 32 miles from London-bridge—these are all the things that were lost on the 20th of May.
EDWARD HENRY BURRIDGE . I am a constable. I apprehended the prisoner on Tuesday, the 16th of October—I said I had a warrant against him for stealing tools from Mr. Wells—he said he knew nothing about it—I asked where he lived—he declined telling me—a person told me—I went to his house, and found 47 duplicates, 10 of which allude to these tools, pledged on the 22nd of May.
Cross-examined. Q. When were you spoken to to come here? A. I do not know—I was not before the Magistrate—I saw the prisoner in the high road leading from Croydon to Penshurst—he was going to Penshurst
Cross-examined. Q. How do you know she passed as his wife?, A. She came and said so—these two planes were pledged by the prisoner on the 30th of March, and these two philisters on the 31st of May—these are the duplicates given.
GUILTY . Aged 47.— Confined Six Months; One Month Solitary.
HENRY CHARLES KEMPSON . I am an ironmonger in Hatton-garden. The prisoner was my clerk and warehouseman—he was accustomed to receive money on my account, and ought to have accounted the first time he came to the warehouse after his round, that night or the next morning—he did not go round daily—he should either account the day he received the money, or the next morning.
JAMES ARROWSMITH . I owed Mr. Kempson money—on the 27th of July I paid the prisoner 2l.—on the 28th of September 2l., and on the 21st of October 2l.—these are the receipts he gave me—(read)—"July 27, cash, 2l. "—"September 28, cash, 2l."—"October 21, cash, 2l.
Cross-examined by MR. CLARKSON. Q. Do you recollect whether the last was in two payments or one? A. The last time I gave him 1l., the day before, and I said when he came again he should give me a receipt for 2l., which he did—he has borne the character of an honest man.
Cross-examined. Q. Do you keep a shop? A. No—I mount fenders at my lodgings—I have been a customer of Mr. Kempson's about seven weeks—he did not know me before that—I was tried here two years ago last October—that Was my first time, I staid here six months—it was for some naval stores being found in a coach-house of mine—nobody introduced me to Mr. Kempson or his servant—I went there about eight o'clock in the morning of the 3rd of November—I saw the prisoner—I went again the same day and did not see the prisoner—I told Mr. Kempson I had bought five fenders, and he said the prisoner had only accounted for four—the fenders fit in one another—I got no receipt for the 1l. 6s.—I was not in the habit of having any bill—I paid over the counter as I had the goods—I was never asked to produce them—I sold them the same day—the prisoner was not opening the shop—the porter was—the prisoner showed me the fenders—I took them away, and put one in another—the prisoner did not leave to see if the shop was opened—I paid two half-sovereigns, a five shilling piece, and a shilling for them—I bought six more in the afternoon.
HENRY CHARLES KEMPSON . I only received 1l. from the prisoner on each of these days, the 28th of September and the 21st of October—between these dates he paid me 10s.—it was usual for the prisoner to put the money into the till—I went to the till when Hartill came the second time—the prisoner had only put in 1l. 0s. 8d.
Cross-examined. Q. What are the prices of fenders? A. 1s. 4d. a foot—that would amount to 1l. 6s. for five, and about 1l. 0s. 8d. for four, according to the measurement—the next morning I asked him if he had put down any thing—he said he had sold four, and they came to 1l. 0s. 8d. there was 4d. more in the till than there should have been, and I gave it him—on the 27th of July I received 2l., on the 28th of September 1l., on the 14th of October 10s., and on the 21st of October 1l.—here are my books—I have an entry of the receipt of 2l. on the 27th of July—I never omitted to enter sums, that I am aware of—I returned from my last journey in Kent on the 5th of August, and was absent five days—my wife receives money in my absence—I do not recollect finding my accounts 20s. deficient when I returned—I did not find them 20s. too much—I do not recollect how I found them—I have been over in my accounts sometimes a few shillings, and sometimes under—I did not know Hartill was a customer of mine till the 3rd of November, when he told me—I have made no other charge against the prisoner—I laid my hands on some knives and forks that he pledged of mine—the pawnbroker gave them up—I went before the Magistrate—he had not witnesses to prove that he bought them—I took all the property belonging to me, some metal spoons and some corkscrews—I charged him with taking them—the Magistrate said if I could swear to their being my property I might take them—I did not swear to them, but I took them—I took a duplicate of the knives and forks—the prisoner kept a book, and my wife kept a memorandum of the monies he paid her—I never omit entering payments, to my knowledge—I may have done such a thing—I
told the prisoner to be very careful about dealing with hawkers—I did not know that Hartill was a hawker—I said, "Some hawkers will buy one thing and steal two"—I have been a cigar merchant and manufacturer—the business did not succeed, and I gave it up—I was never fined 100l. in my life—I was never charged with a breach of the revenue laws—I was never in any difficulty with the revenue laws—my nails were alway sin bags when they came from the country—my men have put them into bags—I do not know that I have ever had them returned as short of weight—I will not swear I have not—I will swear I have not more than three times—then have been complaints of the weight, and I have inquired of my man about them—it has been his fault—I compounded with my creditors in August last—I did not represent that my trade produced 16,000l. a year, not 1600l.—I never compounded with my creditors more than once—the prisoner accounted on the 4th of November—I cannot tell how much he paid, without referring to my books—he paid me under 5l., nothing like 200l., on his last journey to Kent—I think he brought me on his return under 100l.—I find be paid nothing on the 4th of November—on the night of the 3rd I received 1l. 1s. 6d., and between 10l. and 12l. out of the till—I saw most of it received.
NOT GUILTY .
47. MARGARET CARROLL was indicted for stealing, on the 3rd of November, 1 watch, value 1l.; 1 watch-chain, value 1s.; 1 seal, value 6d.; and 1 watch-key, value 2d.; the goods of Amelia Chilvers, now the wife of John Macarty.
AMELIA MACARTY . When I lost my watch I was single—my name was Chilvers—I kept a lodging-house in St. James's-street, St. George's-in-the East—on the 3rd of November the prisoner was hired as a washer-woman—the watch was in a chest In the bed-room—I had seen it about twenty minutes before I missed it—I went to the chest to take something out, and finding the chest ransacked, I looked, and missed the watch—I accused the prisoner of taking it, because there had' been no person there but her, and she was there when I put it in—she denied it altogether—I sent for the policeman, and he took it from her right breast—she came first on the 8th of December—this is my watch.
Prisoner. I was washing, and was so exhausted that I took a drink of beer and rum, and it took such effect of me that I did not know what I did—I asked the policeman the next day what I was put in for.
GUILTY . Aged 34.— Confined Six Months.
AMBROSE CHANNER . I am a policeman. I was off duty on the 30th of October at half-past six o'clock in the morning, and saw the prisoner on the Green in North-street, doubling something under his coat—I went and told my sergeant I should follow him—I did so—he ran, and threw some lead down—I took off my hat, and laid it on the lead—I followed him to Edgware-road, and then took him—when I came back the hat and lead were gone—I went to Luton-street, and found my hat and
the lead; and in the prisoner's pocket I found a knife—I went to Mr. Bird a plumber in North-street, and found it was his—the knife appeared to have cut lead—I matched the lead with some that was there—I have no doubt it is part of it—there are 27lbs. of it.
GEORGE BIRD . I am a plumber. This lead was brought to my house—I did not see it applied to any I had—I had lead of this description—I have no doubt it is mine, but I do not swear to it—it had been outside the house.
Prisoner. He will not swear to the lead, and the policeman is no judge of that—it is like putting one shilling among twenty, and then drawing one out to swear to.
GUILTY . Aged 41.— Confined Three Months.
OLD COURT.—Thursday, November 30th, 1837.
Second Jury, before Mr. Sergeant Arabin.
49. MARY LUCAS was indicted for stealing, on the 3rd of November, 4 frocks, value 2l.; 3 night-gowns, value 14s.; I apron, value 3s.; 1 pair of drawers, value 1s.; 2 pillow-cases, value 5s.; 1 shift, value 6s.; 3 pairs of stays, value 8s.; 2 pairs of stockings, value 1l.; 5 collars, value 1l.; 4 caps, value 2l. 10s.; 3 towels, value 3s.; 1 petticoat, value 3s.; 8 neckerchiefs, value 8s.; 1 scarf, value 10s.; 5 pairs of shoes, value 13s.; 19 yards of lace, value 1l.; 1 scent-box, value 6s. 1 pair of brace-lets, value 10s.; and 1 printed book, value 1s.; the goods of Charles Cunningham Young, her master.
REBECCA YOUNG . I am the wife Charles Cunningham Young, and live in York-street, St. James's. The prisoner was my nursery-maid, and then my house-maid—she lived seven months with me—I missed various articles of wearing-apparel, and sent for a policeman—my husband and myself spoke to the other servants—all their boxes were opened—the prisoner delivered several things to me, and she was sent to her uncle—I found in her box the articles stated, which I afterwards gave to the policeman, who went next day, and took her—(looking at the articles)—these are all mine.
Cross-examined by MR. CHAMBERS. Q. What sort of box had the prisoner? A. I believe she had four boxes—they were kept in the room which she and the cook slept in together—I have not discovered that the cook was in the habit of wearing my clothes—I never saw her in my clothes—she has since left ray service—a baby's cap was found, which the cook said was not in her box; and I cannot say it was, as I was not present—they slept in a room over my bed-room—the things were kept in my drawers—all the servants were present when the boxes were searched—the prisoner did not charge the cook with it in my presence—she told me the boxes were hers, and gave me the things out of them.
COURT. Q. Why did the prisoner go away? A. She left the house after I found the things, without notice—the policeman came, and said the street-door was open, and I found she was gone—I had no character with her.
(The prisoner received a good character.)
GUILTY . Aged 17.—Recommended to mercy.— Confined Eight Days.
JOHN ASKEW . I am a flock-maker. On the 31st of October I went to my stable, in Wilson-street, Somers-town, between five and six o'clock in the evening, and found the door open—I had left it shut, but not locked, and the bridle hanging up—I went in, and felt about for my hat and coat, and put my hand on the prisoner—I pulled him out—he was quite a stranger, and had no right there—he dropped the bridle outside the stable—this is it.
GUILTY . Aged 28.— Confined Six Months.
Before Lord Chief Justice Denman.
51. EDWARD MILLS was indicted for unlawfully, maliciously, and feloniously assaulting William Tugman, on the 31st of October, at St. Pancras, and stabbing and wounding him on the left side of his face, left eye-brow, forehead, and head, with intent to maim and disable him.—2nd COUNT, stating his intent to be to do him some grievous bodily harm.
MR. CHAMBERS conducted the Prosecution,
WILLIAM TUGMAN . I live in Platt-terrace, Pancras-road, and have lived there nearly three years—the prisoner is a butcher—I dealt with him for nearly two years, and used to deal with him about three years ago—there was some dispute then—he said I owed him 1l. 2s. or 3s., but I did not owe it him justly—he claimed the debt, and I denied it in consequence of short weight—on the evening of the 31st of October, about a quarter to seven o'clock, he called at my house—I sent my servant girl down to him—(he was in the habit of coming two or three times, and causing a confusion at the door, and raising a mob; and when we sent for a policeman he would run away)—I sent the servant girl down, and afterwards sent Charlotte Calnan down to him—I could hear her voice where I was, and, from what I heard, I went down myself, and saw him—I asked what he wanted—he said he wanted his money, and would not go away till he got it—I told him I did not think I owed him any, and if I did he must summons me—he then called me a d----d cowardly rascal, and, I believe, drew something, which I thought was a knife, but it was a steel—he made a stab at me with it in the left breast—it went through my coat and the lining against a pocket-book which I had in my pocket, but it did not touch my person—I then pushed him off the threshold of the door, and off the steps, down into the garden, where he made another stab at me with the steel, which entered my eye-brow—I had hold of him at the time—the garden is in front of the house—we scuffled down the garden, and he stabbed me again, and hit me in the temple, which threw me senseless against the paling for a few moments—it entered to the bone—I then managed to wipe the blood out of my eye, when I came to myself—it was flowing down my face and breast—I looked up, and saw his hand raised up, with the steel in it, going to make another stab at me—a gentleman, at the same time, happened to be passing—he leaned over the paling, and caught his hand, with the steel in it—I do not know who the gentleman was, he went away—I looked up, and the gentleman had hold of his arm—I had sent Mrs. Calnan for the policeman, who came—the gentleman held him till the policeman came and took hold of him, and took the steel out of his hand—he said, "Take him in charge, he has stabbed the man;" and I gave him in charge—he was taken away by the police—I went to the station-house, and gave charge of him—I then went to the
doctor, got my head and eye dressed, and went to bed—this was on Tuesday evening, and I was not able to leave my room till the Monday following.
Cross-examined by MR. CLARKSON. Q. The gentleman who held his hand is not here? A. I believe not—I am an Irishman—it was in 1834 I used to deal with the prisoner—it was about a week's bill I owed him, but 1 did not consider I owed him any thing, as the meat was short weight—I lived in Liverpool-street then—I did not leave there in a hurry—my goods were taken for King's taxes—I did not go from there to Platt-terrace—I went close by—I do not know whether the prisoner could not find me—I explained to him several times how much short the weight was—my servant told me the first joint wanted 1 1/4lb.—I know the prisoner's wife—(I am a married man)—I met her in Bagnigge-wells-road—I did not know her till she spoke to me—I had some conversation with her—I did not tell her I was not a married man—I believe she had been once, to my house for the money for her husband, but not more than once to my knowledge—I do not recollect seeing her at Liverpool-street more than once—I never met her before—I did not tell her I wished the prisoner was dead—nothing of the kind—I had no wish to see her—I had about two minutes' conversation with her—she asked me about the bill, and I told her, as we got short weight I would not pay her till she got the bill altered, and to summons me for it—I believe that was all that passed—I do not recollect any thing else—I did not ask her to go and take wine with me—nothing of the kind—she afterwards came to my house in Platt-terrace for the bill, in my absence, and also when I was at home, but I did not see her—I never told my wife, after the prisoner had been for his money, that if he came again there would be a row—I believe Mrs. Calnan is a beaver-cutter—I have known her five years—she lived with her father—not with any one else that I know of—she came backwards and forwards to my house sometimes—I have a brother—I have heard of a Mr. Farquarson, but never saw him—I heard that he died in 1830 or 31.
Q. When you came down stairs, hearing something passing between the prisoner and Mrs. Calnan, did you hear the prisoner was violent and calling you names? A. I heard him myself—I heard him say I was a cowardly rascal, and I heard him mention the words, "Stab him"—I walked down stairs quickly—I did not lay hands on him till he stabbed me with the steel—I swear that—my wife had bid me not go down stairs—she put her arms round my waist when I went into the passage, at the time I was struck—I do not recollect that it was before I was struck, for the steel passed her arm in coming to my breast—she had said, "Do not go down to that vagabond, for he is intending to do you some mischief"—I went down, thinking he was going to stab the woman—hearing him call me a d----cowardly rascal, and hearing the word "Stab"—I thought he might stab her, not expecting he would stab me.
Q. Do you not know that your wife has paid part of the debt by different instalments? A. I never knew it till this transaction, and then she told me she dreaded his coming to the place—she has paid part of it, though I forbid her doing it—I would not have paid it till he got it by law.
COURT? Q. Did you make out, from the complaint of your servant, that there was a deficiency of weight amounting to the bill? A. No, but his own man told me, that from the time I commenced dealing with him he
had always cheated me in the weight, and that he was going away next day, and did not care about him.
CHARLOTTE CALNAN . On the evening of the 31st of October I was at Mr. Tugman's—I went down stairs into the passage, when the prisoner called and found him there—he said he had come for the money for a debt—I told him Mr. Tugman said he was to go and summons him—the prisoner said he wanted his money, and would not go—I told him Mr. Tugman was out—he said "He is a cowardly vagabond—I know he is at home, and if he comes down I will stick a knife into his b----heart"—he pulled out his steel, which I thought was a knife—he pulled it either from his sleeve or his side, I do not know which—he made a job and stabbed it into the wall, making use of the same expressions—I said directly," Good gracious me, you will never be so cruel as to stab any person;" and with that I drew back—Mr. Tugman then came down stairs and told him to go along for a vagabond, and to summons him—he made a thrust at Mr. Tugman's side—I went to fetch a policeman, by Mr. Tugman's order, as quick as I could run, and found one—when I returned I saw a great mob round the door, and a gentleman over the pales holding the prisoner's hand with the steel in it—I observed Mr. Tugman bleeding profusely, standing by the side of the pales—he was bleeding from the forehead and eye—he was stabbed in three places.
Cross-examined. Q. You were very quiet, I take it for granted? A. I had nothing to do with it—I was not abusive to the prisoner, I never had occasion—I was never taken up for an assault—I was at Hatton-garden on a law-suit on the Swinton estate—I was in a highly respectable family belonging to the Greek Government, and was at Brighton at the time—my father and mother lived on the estate—I was not there for an assault—I was falsely imprisoned twenty-four hours in Clerkenwell—they said I was the ringleader of the affair on the Swinton estate, and his Lordship ordered me to charge them for false imprisonment—but for want of money I could not do it—I have been a widow these six years, and have three children.
MR. CHAMBERS. Q. I believe you rented a cottage on the Swinton estate? A. Yes—there was a riot in consequence of the houses being pulled down—I was at Brighton at that time, but was sworn to as being there.
ROBERT ECCLES . I am a policeman. Mrs. Calnan called me in on the night in question—I went to Tugman's house, and saw the steel in the prisoner's hand, and the prosecutor bleeding in the eye—a gentleman was holding him—I took the steel from the prisoner's band, and produce it.
Cross-examined. Q. Did you find in the prisoner's pocket the leather which straps the steel round his side? A. Yes.
(The prisoner received an excellent character.)
GUILTY of an assault only. Aged 23.— Confined Two Years.
Before Mr. Justice Park.
52. LEONARD SMITH was indicted for unlawfully, maliciously, and feloniously assaulting John M'Donnell, on the 31st of October, and cutting and wounding him on the left side of his face, and left jaw, with intent to maim and disable him.—2nd COUNT, stating his intent to be to do him some grievous bodily harm.
now in the London Hospital—on the 31st of October I was going to work with two mates—I had put a stage into the boat, to go to work—there was a stool at the water side, which it was necessary to get on—I had got one foot on the stool and one foot on the boat, and the prisoner came and pulled the stool from under me—I had given him no provocation whatever—it was not done in play—I fell into the water—when I got out, I was coming towards him, to know the reason of this, and he came towards me, and struck me with an iron hammer on the left side of my face—it was an iron hammer which he used in his work—I fell from the blow, and he struck me with his fist afterwards on the eye—I got up directly, and he struck me on the nose—I did not fall then—my comrades came to my assistance—I have been in the hospital a month last Tuesday—there was no wound on the outside of my face—my jaw was broken in two places.
Cross-examined by MR. BODKIN. Q. There were a great many of you, I understand, getting into the boat to go to work? A. Two of us were getting into our own ship's boat at the stairs, which join the prisoner's premises—he is a barge-builder—he and his brother were working at a barge by the river side—the stern of the barge was near the shore, towards the land—I think the backs of the prisoner and his brother were turned to us when we came to the stairs to get on board our boat, but I did not notice—I took the stool—I did not know whether it was theirs or not—I did not think it was any harm—it was not by their barge at the time—I dare say it was a couple of yards from it—they were not standing on it—I was stopping into the boat when the prisoner ran and pulled the stool away from under me—when I got up, I went towards him to ask what he meant, without any intention of doing any thing to him—I did not use any threatening language to him—I did not raise my clenched fist, and attempt to strike him.
JAMES HALEY . I am a coal-whipper, and a mate of the prosecutors. I was at the stairs on the 31st of October, and saw him getting on the stool, which he brought from the prisoner's barge—it was about two yards from the barge when he took it—the prisoner and his brother were not standing on it—the prosecutor had one foot on the stool and the other to-wards the boat, and the prisoner pulled the stool away—I saw the prosecutor on the bow of the boat, but did not see him fall—they seemed to speak together—I did not hear what they said, and saw no blow struck—I was in the stern of the boat, with my back towards them when I heard a bustle—I asked the prisoner why he did not strike him with his fist instead of the hammer, and he told me he would serve me in the same way—I had seen him at work at the barge with the hammer in his hand.
Cross-examined, Q. Do you mean the stool was two yards from the barge? A. Yes—on the causeway—I saw the prisoner pull the stool away, but did not see the prosecutor fall into the water, as I was in the stern of the boat, and the stage was in the bow—after the prosecutor came ashore, the prisoner was standing by the water's edge, where he had dragged the stool—I did not hear what was said—they had their faces towards each other—they seemed to be talking.
COURT. Q. After you came up near them, did you see any thing in the prisoner's hand? A. Yes; the hammer—I did not attempt to take it from him—he tried to run up a ladder through a shed, and I took him by the leg of the trowsers, and stopped him—he told me if I did not let him go he would knock my skull in—he had the hammer in his hand at that time.
WILLIAM OAKES . I am a coal-whipper. I was at work with the witnesses—I was in the boat, and had my back towards the prisoner and prosecutor—I did not see any blow struck, nor the stool pulled away—when I turned round, the prosecutor was standing up with the blood pouring out of his mouth—he was stooping to let it run down—I saw the prisoner with a hammer in his hand, and saw Haley catch hold of his trowsers on the ladder—the prisoner said, if he did not leave go he would serve him the same way, and knock his brains out—Haley held him till the policeman came up.
Cross-examined. Q. How many of you were about him when the policeman came up? A. Me and Haley, barring his own workmates—the prosecutor was gone to the doctor—I do not know Mr. Sowter, a sail-maker there, by name.
CHARLES PATTEN . I am a policeman. On the 31st of October I went to the stairs, and saw the prisoner standing by the steps with the hammer in his hand—I followed him up to his wharf, and into his kitchen—his clothes and face were muddy—I asked him if he had been down in the mud—he said no, he got it in his work—he had the hammer in his hand when he went up the steps, and I saw him lay it down—his brother took it up, and gave it to me—this is it—there were eight or ten persons there—I only noticed four coal-whippers—the witnesses were two of them, the prosecutor and another—the others appeared barge-builders.
Cross-examined. Q. Did not the prisoner say something more to you? A. He said something about the prosecutor having given him reason for striking him, but he did not state what exactly—he said the prosecutor held his fist up in his face, and threatened to strike him, but he said he did not strike him—that was the reason he gave me for having struck the man.
WILLIAM GROVE SALMON . I am a pupil in the London Hospital. The prosecutor was brought there on the 31st of October, and I examined him—his lower jaw on the left side was broken in two places—the skin was broken internally, not externally—there was not a great deal of blood—one fracture was near the chin, and the other near the ear—that injury could not have been inflicted without considerable violence—I should not think a blow with a fist would cause "such a fracture—such a hammer as this would be likely to produce it—if it had struck the head with the same violence, it would probably have fractured the skull.
MR. BODKIN called
SAMUEL SOUTER . I am a sail-maker, and live in Lower Shadwell. I have seen the prisoner, but never spoke to him till the day this occurrence took place—my premises adjoin these stairs—I was at the back part of my premises, and saw the coal-whippers there—I did not see them take the stool—I saw the coal-whippers in the boat—I heard some words, and turned round and saw the prisoner standing working at the stern of a barge, with the hammer in his hand—M'Donnell was then in the boat, about twenty-five feet from the prisoner—I had not seen him fall—heard him say he would knock the prisoner's b----head off—I did no hear any thing more—immediately after that he got out of the boat, and ran towards the prisoner—I do not think the prisoner could sec him coming, and I called out, "Smith, Smith, the man is coming to strike you"—I only knew his name by hearing others call him so on the wharf—he had been there three weeks—the prisoner turned to the left under the stern of the barge, and I saw the prosecutor's left arm extended, and his right up, in the act of striking—I
should suppose, from the appearance, that he had hold of the prisoner, but I could not see his other hand, it was extended—whether he had hold of the prisoner I cannot say—I then saw the prisoner inflict a blow with the hammer in his hand—that was while the prosecutor was standing with his fist in the position I have named—the prosecutor was upon him, almost before I had got the last word out—it was done immediately.
COURT. Q. You have known the prisoner about three weeks? A. By sight only—I have often seen him—I understand his brother is in partnership with him—I am quite sure the prosecutor was in the boat, but I cannot say to the other two—the witnesses are the Other two men—I cannot say whether they were in the boat with the prosecutor—I saw then after the disturbance—there were others in the boat with the prosecutor—I had been on the wharf some time, but did not look that way till I heard words.
JAMES HALEY re-examined. I did not see the prosecutor in the boat—when he stepped from the stool he had one foot on the gunwale, but was not in the boat—he never stepped into the boat—there was a stage in the bow of the boat, that would not prevent my seeing the barge where the prisoner was at work.
GUILTY of an assault only. Aged 26.— Confined One Year.
Before Lord Chief Justice Denman.
53. ELIZABETH HOUSEMAN was indicted for feloniously forging an acquittance and receipt, for the sums of 4s., 10s. 2½d., 7s. 2d., and 6s.; with intent to defraud Henry Levy.—2nd COUNT for uttering the same; well knowing them to be forged.
MR. JERNINGHAM conducted the Prosecution.
SOPHIA LEVY . I am the wife of Henry Levy, and live in Albany-terrace, Regent's Park. The prisoner lived with me as cook for nineteen months—I employed her to pay the weekly bills to the tradesmen regularly, during the whole period—the bills were generally delivered to me on Tuesday or Wednesday, and on the Wednesday week I gave her the money to pay them—(looking at a bill)—this bill of Mr. Sadler, the cheesemonger, was brought to me—I gave it to the prisoner again, and she brought it to me again with the words "Paid, Sadler," on it, at the end of the week—I had given her money to pay this bill with a variety of others.
Cross-examined by MR. PAYNE. Q. Have you any distinct recollection of having received this bill from her, it was in 1836? A. Yes—I never received bills from anybody but her—the different amounts are put on a piece of paper, and I give her the money for them—I never saw her hand-writing, and cannot say whose this receipt is—she left me on the 3rd of October—she has been living since close to my house.
COURT. Q. You do not recollect that bill particularly? A. No—I always gave her the money for the weekly bills as I received them from her—I file them—I believed these words," Paid, Sadler," to be a receipt, and no application was made to me for the money afterwards.
MR. PAYNE. Q. Had you other bills from Sadler before? A. I had them weekly—his former bills were receipted by him himself—I do not think they had a small s on them.
STEPHEN SADLER . I am a cheesemonger, and live in Frederick-street, Regent's Park. I supply Mr. Levy with articles—this is a bill I sent in to Mr. Levy—I made it out myself—the words, "Paid, Sadler," at the bottom are not my hand-writing, nor the writing of anybody in my employ—I authorise nobody to receipt bills for me.
Cross-examined. Q. Did you ever sign any bills" Paid, Sadler," with a little s, and no christian name to it? A. No—all my bills have my initial to them, S. Sadler—I cannot say whether I delivered these articles myself—I have other persons in my employ, but at that time I cannot recollect—it was in October, 1836—I had a boy—I cannot speak exactly to having one during those four weeks, but I have had a boy to carry out goods, and he has delivered them at Mr. Levy's, but nobody was authorised by me to receipt bills.
MR. JERNINGHAM. Q. Have you ever received that money? A. Never—bills were paid after this, which I gave receipts for, and I wrote a letter requesting the payment of this bill.
HENRY LEVY . I am the husband of Mrs. Levy. I was present at the prisoner's examination—I saw the Magistrate sign the deposition—I was at a distance from him, and cannot say that this is the paper which he signed—(looking at the deposition)—I cannot tell his hand-writing.
MRS. LEVY re-examined. Here are all Mr. Sadler's bills which I had from him before, and they came to me receipted through the prisoner's hands—(these were signed. Paid, s. Sadler.)
JURY to STEPHEN SADLER. Q. When you received the next bill did you say there was a former bill due? A. No, because there were about thirty-five bills all forged—I received bills afterwards, and stated that this was still due—the prisoner said they would pay the old bill in the course of two months.
GUILTY of uttering. Aged 27.
SOPHIA LEVY . The prisoner was my cook for nineteen months—I employed her to pay tradesmen's bills—I dealt with Mr. Luckie, a poulterer—this bill was sent in to me, and I gave the prisoner the money for it—she returned the bill to me with this signature, "G. Smith," on it—I had had a variety of Mr. Luckie's bills receipted in the same way, and concluded Smith was in his employ.
Cross-examined. Q. Have you any recollection of having given her money to pay that particular bill? A. I used to take down the different amounts of the bills on paper, and give her the money—I am quite certain I gave her the money to pay that, and she brought it to me as paid—I was not in the habit of paying bills at the shop—the money was given to her weekly to discharge the bills—she might go to the shops to pay them if she felt disposed.
HENRY LUCKIE . I am a poulterer in Great Portland-street. I was in the habit of supplying Mr. Levy with poultry—this bill was made out by my young man who is here—here is "Paid, G. Smith," to it at the bottom—I did not sign it, and never authorised any body in my employ to sign it—I have no such person in my employ—I never received the money.
Cross-examined. Q. Who was authorised to receive money at your shop? A. Peermand and Lowe.
EDWARD PEERMAND . I am in Mr. Luckie's employ—I made out this bill—the words "Paid, G. Smith," are not written by me—I never received the money—it is not the hand-writing of either of Mr. Luckie's servants.
Cross-examined. Q. How many persons has Mr. Luckie in his employ? A. Seven; only one besides myself attends to the shop—the others carry out goods, and receive money if it is paid them—but this is not the handwriting of any of them.
GUILTY of uttering. Aged 27. —Recommended to mercy by the Prosecutor.
Transported for Fourteen Years.
Before Mr. Justice Park.
JOHN CHARLES SCHWIESO . I am a harp manufacturer, and live in Soho-square, in the parish of St. Ann. The prisoner was in my service for one week as nursery-maid, and was discharged on Saturday, the 28th of October—she left about ten o'clock in the morning, and about ten minutes after she was gone, I missed four £5 notes from my waistcoat pocket—I had seen them there the night before, when I went to bed, and had put my waistcoat under my coat upon the sofa in my bed-room—the prisoner had come into my bed-room about seven o'clock on the Saturday morning, to dress the little child—I was in bed then with my wife—I had hand-bills printed, and searched every where, but could not find her that day—in consequence of information on Sunday evening, between eight and nine o'clock, I went to Mrs. Tabbs, in Windmill-street—I waited three quarters of an hour, and the prisoner came in—I asked her what she had done with my money-she said she never saw my money—Harwood, the policeman, who was with me, asked her to give up the keys of her box—she gave them to him, and I saw him open it and take out two £5 notes.
Cross-examined by MR. PAYNE. Q. Did you accuse her of having stolen your Bank-notes? A. Yes—sheat first said she had not—she said she found the notes in the passage of the house—she gave up the key of the box immediately—I was not at all in embarrassment at the time or in difficulties—I had a bill of 20l. to pay, and put this by to take it up next morning—that was why I put it into my pocket.
ANN TABBS . I live in Husband-street, near Little Windmill-street—the prisoner lodged with me for a week before she went into the prosecutor's service—she came to me on the Saturday morning that she left the prosecutor—(she came first on the Friday, and I recommended her to a situation at Mr. Creighton's, in Little Windmill-street, and she went there on Saturday morning)—on Sunday afternoon she came to me, and said she had found a £5 note, and asked me what she was to do with it—I told her to keep it till next day, as most likely it would be advertised—she was going to put it in her bosom—I said it was a very unsafe place, I would take care of it for her, and I kept it for her till Monday morning—I had an old box of her's at my house, but no clothes in it—her boxes were at her situation in Windmill-street—I gave that note to the policeman on Monday morning—I am sure it was the note; I received from her.
the prosecutor, and went with him to No. 9, Little Windmill-street—the prisoner came in about nine o'clock—I told her she was accused of robbing Mr. Schwieso of four £5 notes—she said she knew nothing about them—I asked her for the key of her box—I opened it in her presence, and at the bottom found two £5 notes—I asked her what she had done with the other two—she said she did not take more than two—I took her to the station-house, and next morning I went with the prosecutor, and received from Mrs. Tabbs another £5 note—I asked the prisoner at the station-house what she had done with the other two notes—she said she knew nothing about them—I said, "Why, I have received one from Mrs. Tabbs, you gave it her to take care of"—she burst into tears, and on going to the office she said, she had lent the other £5 note to a female, but did not know her name, nor where she lived.
Cross-examined. Q. Was your question, what had she done with the four £5 notes she took from Mr. Schwieso's pocket? A. No, I am not positive as to that—I will not swear I did not say so—I did not make a memorandum of the conversation between us—I did not caution her that her answers would be given in evidence.
MR. SCHWIESO re-examined. I lost four notes—I think I know a mark on one of these, but I am not certain—she had notice to leave on Saturday night—she was not in my sight while she was dressing the child as the curtain was drawn—I could not see her, but I heard her.
Prisoner. There were no curtains to the bed. Witness. There were.
GUILTY . Aged 15.— Transported for Ten Years.
Before Mr. Justice Park.
56. GEORGE JONES and DANIEL MILLER were indicted for feloniously breaking and entering the dwelling-house of Thomas Bird, on the 14th, of November, at St. Leonard, Shoreditch, and stealing therein, 1 coat, value 2l. 10s.; 1 waistcoat, value 10s.; 1 shirt-front, value 1s.; and 1 neckerchief, value 6d.; the goods of Thomas Bird; and 1 shift, value 9d.; 1 towel, value 6d.; 1 sheet, value 2s. 6d.; and 1 gown-body, value 4d.; the goods of Catherine Sibley; and that Jones had been before convicted of felony.
MARY ANN BIRD . I am the wife of Thomas Bird, a printer, and live in East-street, Hoxton Old-town, in the parish of St. Leonard, Shoreditch. On Tuesday evening, the 14th of this month, between 4 and 6 o'clock, I received information and went into my front parlour on the ground floor—the window and blinds were open—I had been in the room about four o'clock, and they were not open then—I looked about the room and missed a coat almost new, a waistcoat, a shirt-front, a shirt, a handkerchief, a towel, and a gown-body—the coat, waistcoat, shirt-front, and handkerchief belong to my husband, and the rest to our lodger, Catherine Sibley.
ANN MINCHELL . I am thirteen years old, and live with my father, near Mrs. Bird. I have a brother named John Minchell—I know the prisoner Miller—on Tuesday, the 14th of November, about seven o'clock in, the evening, somebody called my brother out—he was up stairs at the; time—I looked out at the window and saw the two prisoners standing by the side of the door—Jones had a large dark coat on, Miller had a bundle in his hand—my brother went down to them into the street, and they went away all three together—in about an hour my brother came back again, and brought a white bundle containing a shift, a white handkerchief, and a gown body—he took them away next night.
Cross-examined by MR. PAYNE. Q. Was be in the habit of bringing home bundles of things? A. Never in his life—I never pawned things I which he brought home—my brother was in trouble once, about three years ago—I had no acquaintance with the prisoners—I have seen them before the street.
ROBERT LINWOOD . I am a pawnbroker, and like in St. John-street, Clerkenwell. Between seven and eight o'clock on the 14th of November, I took a coat in pawn from George Jones—he said his brother Richard had sent him to get 10s. on it, which he wanted for a few days, and I gave him 10s.
JOHN WILLIAM MINCHELL . I know the prisoners. On Tuesday, the 14th of November, about seven o'clock at night, they came and called me out of my father's house—I was just undressed—I went out and saw the prisoners, and went straight up Old-street with them—Jones had a cost on—I do not know whether it was a new one, as it was dark—Miller had a white bundle—I went with them to John-street—Jones there pulled off the coat, and went into a pawnbroker's, and said when he came out that he had pawned it for 10s—he came out without it—when we got on further Jones gave me a waistcoat to pawn, and I pawned it for 18d. in Turnmill-street—I gave Jones the money and the duplicate, which he tore up—the prisoners halved the 10s. and 18d.—they did not give me any thing that day—Miller gave me the bundle to hold while they counted the money—a man came by and said, "Halloo, where did you get all that money from?"—Miller said, "Do you think it is money?"—the man took hold of my collar and shook me—they walked away one way and I another—when the man let me go I dropped the bundle—I picked it up again and ran home with it—I went and called my sister down to let me in, and told her the case—that was about half-past eight o'clock, as near as I can guess-next day, about ten. o'clock, Jones came and called me out and took me to a coffee-shop, where he gave me two half-pints of coffee—we met Miller going on an errand—Jones said to Miller, "I have gives him 1s."meaning me, but he had not—Miller then gave me 1s.—about nine o'clock that evening I gave information to Watts, the policeman—when Jones was going to pawn the coat, they both told me that they were coming by and saw some boys running round a corner up at Hoi ton, near Wilmot's-row, that they saw a window open, and Jones put his hand in and took the bundle out.
Cross-examined. Q. Were you in custody on this charge? A. Yes—I told the policeman this before I was taken up, and I told the sergeant of it afterwards—I was tried here once, about three years ago, but was acquitted—it was all through a girl who swore falsely against me—I gave nearly fifteen years old—Jones did not give me any money when he gave me the coffee—he gave me 6d. in the morning, but not 1s.—I have got my living by work since I was tried.
Q. How came you to give information to this policeman? A. My little sister told my big sister, and she said, "If you do not take them out of the place I will tell your father"—I did not know that any one had been to the policeman before me—I never brought home a bundle before—I kept the money which I received for the waistcoat myself.
COURT. Q. I thought you gave it to Jones? A. Yes, I gave it to him—I kept the money which he gave me next day.
JAMES WATTS . I am a policeman. I received information on Wednesday evening, the 15th of November, and was called into a shop—Minchell was there, and he was eager to give me information—I cautioned him
that what he said might be given in evidence against him, but he still gave me the information, and in consequence of that I took the two prisoners—Minchell had not been apprehended before that—this waistcoat was given I to me by a pawnbroker in Turnmill-street.
Cross-examined. Q. Whose shop were you called into? A. Coleman's, a cheesemonger, in Ironmonger-row—he said, "Here is a boy has got some stolen property, and I wish you to take cognisance of it," and this property was in his possession.
MRS. BIRD re-examined. This is my husband's coat.
Jones Minchell stole a coat a little while ago, and pawned it for half a crown.
(Miller received a good character.)
JONES*— GUILTY . Aged 15.— Transported for Fourteen Years.
MILLER— NOT GUILTY .
First Jury, before Mr. Recorder.
GUILTY . Aged 24.—Strongly recommended to mercy by the Prosecutor, being rather lame, having lately lost his father—and his mother, having a large family.— Transported for Seven Years.
58. MARY CATTERNS was indicted for stealing, on the 2nd of November, at Paddington, 2 shifts, value 3s.; 1 bed-gown, value 1s. 6d.; 1 pair of stockings, value 1s.; 1 shawl, value 1l.; 1 gown, value 8s.; 1 petticoat, value 2s.; 1 apron, value 4s.; 1 collar, value 1s.; 3 yards of net, value 1s., the goods of Martin Taylor: 1 coat, value 4l.; 2 shawls, value 4l.; 1 shirt, I value 10s.; 1 gown, value 10s.; and 1 pair of gloves, value 1l.; the goods of George Edward Maddeley, in his dwelling-house; and that she had been before convicted of felony.
MARTHA TAYLOR . I am servant to Mr. George Edward Maddeley, of Bayswater-terrace, in the parish of Paddington. On the 2nd of November I went up stairs to a room in the house, at half-past ten o'clock in the morning, and in consequence of what mistress said I looked under the bed, and found the prisoner lying under the bed—I went down stairs, and mistress called in a policeman—I then missed the prisoner from under the bed, and found her in the coal-cellar—she had several things in her possession, in a bundle—there was a gown and petticoat of mine, and a pair of stays of mistress's, among other articles.
HERBERT PRIDDON (police-constable T 70.) I was called into the house, and went up to the bed-room, and under the bed I found a bundle containing various articles—I also found a petticoat, a pocket, a pair of scissors, a pin-cushion, and 2d. in money—the prisoner said it was her pocket
MARTHA TAYLOR re-examined. I have looked over these articles, part are mine, and part my master's—mine are worth 2l. 10s., and my mistress's 8l.—some of them were in my mistress's wardrobe, and the rest in my box.
was convicted here in August, 1836—she is the person mentioned in his certificate, which I got from Mr. Clark's office—(read.)
GUILTY . * Aged 19.— Transported for Ten Years.
(There was another indictment against the prisoner.)
59. ANN LANE was indicted for stealing, on the 27th of October, at St. Pancras, 1 writing-case, value 1s.; 1 sovereign, 1 half-sovereign, and 2 £5 bank-notes; the goods, monies, and property of Peter M'Kone, her master, in his dwelling-house.
PETER M'KONE . I live in Great George-street, in the parish of St. Pancras. I keep the house—the prisoner came into my service on Monday, the 23d of October—she did not sleep in the house, but used to come in the morning—on Friday morning she came between seven and eight o'clock—I was sleeping on a sofa in the front kitchen—I found her rummaging a drawer, and told her to go up and light the parlour fire—she laid the fire, but did not light it—I had two £5 notes, a sovereign, and half-sovereign, in a red morocco box, which I had seen over night in the table drawer, in the kitchen—the box was locked—the prisoner was rummaging in that drawer, which made me turn round to ask what she did there—she said she wanted some wood to light the fire—I said, "Go up stairs and light the fire, do not make such a noise here"—she went up and decamped—I missed my box—I went to look for her, and met her father and mother—they begged two hours' grace—I traced the notes, and have the Bank clerk here—they gave me notice that the notes came into the Bank—nobody knew of the money being in the box, to my knowledge, but myself and my wife—the prisoner was in the kitchen when my wife put the money into the box, but whether she saw her put it in, I cannot say—I saw my wife put it in, lock the box, and give me the key—the prisoner did not give me any intimation that she was going—I found heron Saturday night, getting out of a cab, to go into her father's house—she ran away as hard as she could—a gentleman knocked her down, and as she was getting up, I came up, and I gave her in charge—when she was with me, she had scarcely any thing to wear—my wife gave her a shawl, and shoes and other articles, and when I took her she was well dressed—she had new stockings, a new gown, new shawl, and bonnet, but before she had nothing to cover her, and could not get any thing.
Cross-examined by MR. PHILLIPS. Q. Surely she had some clothes when you hired her? A. She had but very trifling—she was with me from the Friday—there are ten rooms in my house—my wife slept in a bed-room at the top of the house—I had the gout, and was unable to go up stairs, and had a bed on the sofa—I was out once or twice in the course of that afternoon, but I do not think I was half a mile from my house—I came home about three o'clock, and did not go out after, as I was not able—I believe I went to bed about ten o'clock—my wife made my bed for me, and staid to see me into bed—the prisoner let herself in in the morning—I left the room door on the latch for her—she had the key of the street door, which was locked—I have three ladies and two gentlemen lodging in my house—I have Judge Talfrey's widow lodging with me—I had no quarrel with the prisoner.
FREDERICK WILLIAMS (police constable S 144.) I received the prisoner into custody from the prosecutor, in Phoenix-street, Somers-town—I had been out all the day previous looking for her—a female searched her at the station-house—I saw some of the clothes she wore, and she had a bundle—she
was not sober—I found in the bundle two gowns, a petticoat, a part of shoes, part of a shawl, a cap, and trimmings—the gown seemed to have been worn once, and the others were second-hand—the clothes she had were quite new—she denied the charge.
EDWARD HART . I live in Sparrow-corner, Minories. On the 27th of October the prisoner, with another woman and three men, came to my shop and bought a coat, waistcoat, trowsers, and hat, to the amount of 23s.—the prisoner paid me a £5 note, which I changed with Mr. Davis my neighbour—I wrote my name on the back of it—I should know it again—this is the note she paid me—(looking at it.)
Cross-examined. Q. Were you before the Magistrate? A. No—Davis sent for me about a fortnight afterwards, and I found the prisoner there—I never saw the prisoner before, nor the other female—I am quite satisfied it was the prisoner gave me the note—I did not make her put any mark on the note—I did not observe any writing on it.
SAUL SOLOMON . I live in Sharp's-buildings, Tower-hill. Three or four weeks ago the prisoner came into my employer's shop with a woman and two men, and I sold them clothes to the amount of 33s.—the prisoner gave me a £5 note—I am certain of her—I did not put my name on the note, and should not know it again—I sent my boy to the Bank of England to get it changed—he is not here—I have no means of identifying the note.
THOMAS PHILLIPS . I am a clerk in the Bank—I produce two £5 notes from the Accountant's-office—they came into our office to be posted—I see these two notes were posted—I have compared them with the books, and find them entered—one came into the Bank on the 27th of October, that is No. 38216—the other, No. 38215, was paid in on the 6th of November—an application had been made to stop the payment after the first was brought in.
Cross-examined Q. Neither of them were paid into your hands? A. No, the books are my only information as to when they came in—no clerk from our office posted the notes, it was a clerk from another office—I have made a copy of the entry.
PETER M'KONE re-examined. I do not know the numbers or dates of the notes 1 lost, but I know the initials on the backs of them—E. P.—here is one—(looking at them)—and the other is the same—and here is Mr. Hoare's name on this one—he is Solomon's master.
Cross-examined. Q. Do you mean to say Hoare's name was on the note when you had it? A. No—this E. P. was on the notes in my box before I lost them.
MARY M'KONE . I am the prosecutor's wife—(looking at the notes)—Here is one mark I can swear to, E. P.—it was written with very bad ink, and on the other note is E. P., written with equally bad ink—I saw that written on them by a lady named Elizabeth Pedler—they are the the same notes I put into the box, and I gave my husband the key—there was a sovereign and a half also, which was the rent I had received for my apartments.
Cross-examined. Q. How long was the money in your possession? A. Only a few days—it might be Tuesday or Wednesday—I will not be certain—my husband was at home at the time—we had lodgers at the time—one is the widow of a Mr. Talfrey, who was a judge in India—my husband was in and out on Thursday—he is in and out from morning till night—but I was at the top of the house, and he was at the bottom—I slept
at the top of the house that night, and he slept on a sofa below, as he had the gout—the prisoner had only been in the house a few days—we took her out of charity, and she behaved extremely ill to us.
(Martha Clark, wife of a shoemaker, Churchway, Somers-town; Margaret Murray, Paradise-street, Marylebone; Garret Bury, carpenter, London-wall; James Brennell, Tailor, Middlesex-street, Somers-town; and Ann Leonard, widow, Gray's Inn-lane, deposed to the prisoner's good character.)
GUILTY . Aged 19.— Transported for Ten Years.—Recommended to the Penitentiary.
NEW COURT.—Thursday, November 30th, 1887.
Fifth Jury, before Mr. Common Sergeant.
MESSRS. BODKIN and DOANE conducted the Prosecution.
FREDERICK SWANNELL . I live with my father, a draper, in Chiswell-street. On Tuesday, the 24th of October, the prisoner came to my. father's shop for a skein of silk—I served her—it came to 1d.—she gave me a bad shilling—I bit it and gave it to my father, who was in the shop at the time.
JOHN SWANNELL . I am the father of Frederick Swannell. I remember his giving me a shilling—I saw the prisoner in the shop at the time—I told her it was bad, and that she had been in the shop the week before with one equally bad—she said she had not been in my shop before—I told her I should give her in charge—she went out of the shop directly, and walked as far as the corner, about 200 yards, and then ran away—I followed her to Long-alley, and there I lost sight of her—I laid the shilling on a recess in my shop—there was a bad shilling there—I knew the one from the other, and put my own private mark on it—I gave it to the officer—I did not see him till the prisoner was in custody—my boy bit the shilling.
HENRY KAY . I am a publican, and live in Chiswell-street. On Sunday morning, the 29th of October, the prisoner came to my house—she had a pennyworth of gin, and she gave me a sixpence—I gave her 5d. change, and put the sixpence into the till among other money—in five or six minutes James Brannan spoke to me—I searched the till and found a bad sixpence—there were other sixpences there.
JAMES BRANNAN (police-constable G 203.) I was in Chiswell-street, and saw the prisoner go into Mr. Kay's, and come out—I watched her—she went across Finsbury-square to Horse Shoe-alley, Wilson-street—I noticed her then go up the alley, stoop down, and put her hand up her petticoats—she immediately ran down into Wilson-street, and I took her into custody—she ran towards me—there was a thoroughfare—I stopped her five or six minutes after she left Mr. Kay's—she was then conveyed to the station-house—I then called on Mr. Kay, and he gave me this six pence, which he took from his till.
there, I searched her, and in her pocket I found 1s. 6d. good money, and six sixpences in a little bit of rag, concealed in a private part of he person.
EVAN DAVIS (police-constable G 122). I produce this shilling which I received from Mr. Swannell—I was at the station-house—before the prisoner was searched I told her she had got some bad money about he—she said, "No."
GUILTY . Aged 52.— Confined One Year.
MESSRS. BODKIN and DOANE conducted the Prosecution.
WILLIAM FRANCIS JOHNSON . I am a butcher, carrying on business in the Edgeware-road. On the afternoon of the 19th of October, the prisoner came to the shop for a beefsteak—it came to 4d.—he gave me a half-crown—it was a bad one—I told him it was bad, and asked him if he had any more—he said no, he had not—I asked where he got it—he said, "For holding a horse"—I asked him where he lived—he said, "Pimlico"—I sent for a policeman, who took him into custody—I marked the half-crown, and gave it to the policeman.
SAMUEL DILLON (police-constable D 92.) I took the prisoner, and received the half-crown from Johnson—the prisoner gave me the name of James More, No. 6, Eaton-lane, Pimlico, and I went there, and no such person lived there—he was discharged on the 26th of October.
EDWARD JAMES GILLETT . I am servant to Mr. Lloyd, a printer, of Broad-street, Bloomsbury. On the 28th of October the prisoner came to the shop for half a sheet of writing paper—I gave it him—he gave me a shilling, which I gave to my master, as I thought it was a bad one.
EDWARD LLOYD . I am the master of Gillett. On the 18th of October my boy gave me a shilling—I gave it to the policeman—I came down stairs to the shop, and saw the prisoner there—I said it was a soft one, or a bad one, and I should send for a policeman, which I did—I asked the prisoner if he had any more—he said T might search him, if I pleased—I cut the shilling in half, and gave the two halves to the policeman.
CHARLES HENRY BAGNELL (police-constable F 31.) I was on duty in Drury-lane, and was called by Mr. Lloyd, and took the prisoner—he said he lived at No. 6, Eaton-lane, Pimlico, and his name was James Bowyer—this is the shilling, it is cut in two pieces.
GUILTY . * Aged 18.— Confined One Year.
MESSRS. BODKIN and DOANE conducted the Prosecution.
GEORGE LUSSIGNEA . I am shop-boy to Mr. Simmons, of Bethnal Green-road. On the 13th of November I was at the shop-door—I had some stockings hanging up for sale—the prisoner came up, and asked me the price of the stockings—I told him 1s.—he asked me if I had not got any cheaper—I said we had some cheaper, but they would not fit him—he came in and bought a pair, which came to 1s., and gave me a five-shilling piece—I went and gave that to my master—my master came out, and he
asked the prisoner where he got it from—he said he earned it that day in hospital fields—my master said it was a bad one—I fetched the policeman, and when I came back the prisoner and my master were gone.
WILLIAM SIMMONS . I am the master of George Lussignea. I took the Brown-piece from the boy—I put my arms across the door, and the prisoner struck one of my arms down—I turned to close with him—he struck me on the stomach, and got away—I lost him—I gave the same crown-piece to the policeman.
JANE BRADLEY . I keep a tobacconist's shop, in Patrick-row, Bethnal Green. On the 14th of November, in, the dusk of the evening, the prisoner came for half an ounce of tobacco and a pipe—they came to 1 3/4d.—he tendered a five-shilling piece, which he laid down on some pieces of paper—I observed it was a very bad one—I stepped into the back-room, and gave it to my little girl, and sent her to the public-house—I told him it was a bad one—he said he did not know it—I stood between him and the door, and he wished to go away—he said he would find a sixpence—I observed that the policeman would soon be fetched—Mr. Davis, the publican, came in, and the prisoner was stopped—he tried to escape.
MR. FIELD. These are both counterfeit, and from the same mould.
GUILTY . Aged 22.— Confined Six Months.
MESSRS. BODKIN and DOANE conducted the Prosecution.
MARTHA GROVE . I am the wife of Samuel Grove, a tobacconist, in Well-street, Mile-end New Town—between six and seven o'clock on the evening of the 6th of November, the prisoner came to the shop for a quarter of an ounce of tobacco—I served him—it came to 1d.—he gave me a shilling—I found it was a bad one—I told the prisoner so when my little girl came back, whom I had sent to get change—he said, "What is that to you?" or he did not know it, or something—I sent for my husband, who asked him where he got it from, and where his father and mother lived—he gave no other answer than a little sauce—I advised my husband to box his ears, and then he ran away—I did not give the shilling to the policeman till the next night.
WILLIAM LAWRENCE . I am a green-grocer, and live in Black Lion-yard, Whitechapel. About half-past five o'clock on the afternoon of the 7th of November, the prisoner came to my shop, and wanted a pennyworth of onions—I served him—he gave me a bad shilling—I asked him who sent him—he said his mother—he told me he lived in Union-street—lie did not give me any number—I took him to the constable, Rourke—he gave no account then—I asked him what was the number of the house—he said he did not know—he said he did not know where he did live—he afterwards told me No. 10, Fashion-street—I went there, and found a respectable butcher there—they knew nothing about him at all—I gave the shilling to the policeman.
MR. FIELD. These are both counterfeit, and both from the same mould.
GUILTY . Aged 11.— Confined One Year.
MESSRS. BODKIN and DOANE conducted the Prosecution.
WILLIAM REYNOLDS . I am a licensed victualler, and live on Primrose-hill, Salisbury-square. At six o'clock in the evening of the 10th of November, the prisoners came for two 1 1/2d. worths of gin and peppermint, which came to 3d.—Hall gave me a half-crown in good money—I was about to give him change, and the other said it was not worth while to change a half-crown, he had got a sixpence—he chucked down a sixpence, as he pretended, but it was a half-sovereign, a very good one—Hall said it was a half-sovereign, and asked if he knew what he was about—Hall said, "Give it him back again"—Hall then gave me this half-crown, and I gave him 2s. 3d., and then they went away in such a hurry that I thought there was something amiss—I looked into the till, and it was a bad half-crown—there was no other silver in the till—I gave them the 2s. out of my pocket—I went to the door, but could not see them.
Cross-examined by MR. PHILLIPS. Q. Did you go as quick as you could? A. Yes—I do not recollect that I ever saw either of them before—they might be five or ten minutes in my shop—not twenty minutes—there was no one else in the shop that knew any thing about it—there was no one else at the bar—my wife was sitting in the bar, reading the paper, but she did not notice them—she was on one side of the bar, sitting by the fire, and they on the other—there was no bar-maid—they might be a yard or two from her—there was nothing to prevent her seeing them, if she chose to look up—I cannot tell how Hall was dressed—I can only tell him by his features—I did not notice his cravat—I will not swear whether it was black or white—I did not notice whether he had a hat or cap on.
MR. BODKIN. Q. Did you look at the countenances of the men? A. I did—I saw them again in about five days—as soon as I saw them I knew them again—they are the same persons.
JANE VINCENT . I remember the prisoners coming to my house on the 16th of November, about nine o'clock, or a few minutes past, at night—Hall asked for a pint of beer—I served them—Mortimer gave me a half-crown—I gave 2s. 4d. change for it—one of them said, "What did you change half-a-crown for? I have got sixpence"—I gave the half-crown back, and Hall put his fingers into his waistcoat pocket, and threw down a half-sovereign—I said, "Are you aware this is a half-sovereign? "—Hall began to abuse his friend, and said, "It is your bother; you made me give a half-sovereign for sixpence "—he said, "Never mind, take the half-crown; "and Mortimer put down the half-crown—it was Mortimer gave me both half-crowns, and Hall gave me the half-sovereign—when I looked at the half-crown given me the second time, I said, "This is a very bad one"—I called for Mr. Reeder, and gave him the half-crown—the watchman was called in, and they were taken.
come in on the 16th of November—-I gave the half-crown to the officer Rigarsford.
JOHN RIGARSPORD . I took the prisoners, and have the half-crown—Searched Mortimer first, and found four shillings and two sixpences in good money—on Hall I found two half-sovereigns, seven shillings, and four-pence-halfpenny in good money—while I was searching him, Mort made his escape, and was brought back by the watchman.
Mortimer. I was never in Reynold's, house at all.
Cross-examined Q. Still a great many may be run in that mould? A. Yes, perhaps twenty or thirty—I am not aware that I ever took a bad half-crown in my life—I think an innocent person might take this one—I am sure that this is a bad half-crown—it has never come to my knowledge that an officer of the Mint has sworn to a coin as being of base metal, and it was found, on breaking it, to be pure metal.
MORTIMER*— GUILTY . Aged 38.
HALL*— GUILTY . Aged 22.
Confined Two Years.
THOMAS HEDGE . I live in No. 65, High Holborn, and am servant to Thomas Steel. At half-past three o'clock on the afternoon of the 8th of November, the prisoner came to the shop, and asked for some half-boots—I took one pair to her, and tried them on—I gave her three pairs to look at—I missed a pair on the left of them, which I had hung over a rail—I observed a piece of string, with which they were tied, under her shawl—she then sent me to the window to get some light boots—I went out, sent the boy for a policeman, and when I saw him come back with the boy I packed up a pair of boots that she purchased—she gave me a half-sovereign—I gave her 5s. 6d. change; and when she went out I gave her in charge—the officer found two pairs on her, one rolled up in paper, which she had purchased, and the other pair under her shawl—she said she did not know that she had them, she thought it was her old boots, and that she had had a bad fever.
Cross-examined by MR. PHILLIPS. Q. Did you say at the police-office that she tried one pair before you observed this string? A. I did—what I said was taken down—I do not remember that I stated that she said she had a fever—the policeman did, I think, but I could not swear it.
Cross-examined. Q. Did she not seem very much surprised? A. She did—what I said before the Magistrate was taken down.
COURT. Q. What did she say? A. She said she had not the slightest notion she had the boots, but she thought it must be thinking it was the old boots that she took off; she said she had had a bad fever, and had made a great many mistakes since that.
(The prisoner received a good character.)
GUILTY. Aged 30.—Recommended to mercy by the Jury.
Confined One Month.
THOMAS COWLING . I live at Dagenham, in Essex, and am a farmer On the 23rd of September the prisoner was employed by me as a porter and salesman—Richard Lee was then my servant—he is not so now—the I prisoner used to sell for me till I came to the market—I sent the prisoner that morning 20 1/2 cwt. of potatoes, and after we had done selling, "Well, Bill," says I," you had 20 1/2 cwt. this morning"—"No, master," says he, "I only received 14 1/2 cwt. "—I said, "This is strange, when I sent 20 1/2 cwt." the other 6cwt. would weigh about 670lbs.—he did not pay for that—he I accounted for the rest—I went home and spoke to Lee—I gave Lee 20 1/2cwt. I to give him, and he accounted for the rest.
Cross-examined by MR. PRICE. Q. You are a very large potato merchant? A. Middling—I sell perhaps betwixt one and two hundred tons in a I year—I have known the prisoner about four months—my son is not here—I he was before the Magistrate, but he never spoke a word—he had transacted business for me till September, but he had nothing to do with this—I was not present when the prisoner received these potatoes—my son often I sent potatoes to the prisoner previous to the 1st of September, but he was I always up the same day—he takes a very active part in the business—he I has not received any profits since September, to my knowledge—Lee was a I carman of mine—I have more carmen—West is the man that took them I up out of the ground—the prisoner is not a servant of mine, but an independent porter and salesman—when the potatoes are delivered to the prisoner I have done with them, but I am to have the money—as soon as I come I take the sale—I delivered them to him to sell part of them I—when they were not sold we left them in the market, in the prisoner's charge, to be sold the next market day—when I deliver a quantity of potatoes to the prisoner I expect they may be all sold—lam generally there before all sold—I was up by six o'clock in the morning on this day, and they are I about 10cwt. I should think were sold—I settled with him about eleven o'clock—I lost my weights the same week—I think it was before the potatoes were sent—my son is very busy, and we did not know he was wanted—he is well acquainted with the prisoner—the prisoner was not a servant of mine—he had the entire control of this property in his care to dispose of—I never could find any difference between the weight of a bushel of large and small potatoes.
COURT. Q. How do you know it was 20 1/2 cwt? A. We took them by the measure—it could not vary 20lbs.—it is not possible we could be deficient of 6cwt.—when I send them they are sent to the prisoner to sell for me; and when he has sold them they are no longer my property, but I look for the money.
RICHARD LEE . I am in the prosecutor's employ. On the 23rd of September I went up with a load of potatoes—I had five sacks—each sack contained 2cwt., and twenty-one sieves, with 1 1/2cwt. in each—I delivered all I received at home to the prisoner, except three sacks which he had nothing to do with.
Cross-examined. Q. Who do you receive the potatoes from? A. James West—I had three sacks beside—I delivered one to Mr. Topps—I cannot think of the names of the others—I delivered them where my master told me—I know the house, but I do not recollect the name—I do not know whether the prisoner is in a large way of business—I do not know whether the stock of potatoes he had about him was large—I did not see any other people's potatoes delivered while I was there.
COURT. Q. Are you sure you delivered the five sacks and the sieves to the prisoner? A. Yes; and the other three to the other people.
COURT to THOMAS COWLING. Q. Where were these three sacks to go to? A. To the Commercial-road.
JAMES WEST . I live at Dagenham. I was employed to dig up these potatoes on the 22nd—thirteen sacks were delivered to the carter, five sacks for market, and twenty-one sieves and three sacks were to be left on the road—they amounted to 20 1/2cwt., beside the three sacks—I saw them on the cart on the 22nd of September, late at night—I delivered them to Lee—there was as near 20 1/2cwt. as I could pack them up—I did not direct him where to take them.
Cross-examined. Q. What size were they? A. A fair size—they were sorted—the small ones picked out from the big—I did not see them weighed—they were shaw potatoes.
(The prisoner received a good character.)
GUILTY. Aged 27.—Recommended to mercy by the Jury.
Confined Three Months.
MART EGLIN . I am the wife of Joseph Eglin, and live in Mather's-court, Upper Whitecross-street, St. Luke's. I took the prisoner for a few days—she went away on Thursday morning, the 24th of October—I missed a shirt, a towel, and a pair of stockings that day—I have seen them since—they are mine—she did not come back.
Prisoner. She said if I wanted a few things I might take them; and I went to my husband to see if I could get money to redeem the things—I saw Mr. Eglin, and asked him if he had seen my husband—I said, if you have, you must keep 2s., as I had a pair of stockings and a shirt: and then I went to my husband in the Borough to get the money.
NICHOLAS LEDWICK . I am a City constable. The prisoner was given into my custody on the 26th of October—when she was brought in custody she was in a most destitute condition, and had only been discharged by proclamation on the 20th of that month—she had attempted the life of her child—I took her into custody and implored her to tell me truth—she declared most solemnly she knew nothing of it—I said in going along, "Why did you give way to drink?"—she then told me, that this article, which is a foreign towel, she had got a man to pawn, and if I went to her lodgings I should find a duplicate on the mantel-piece—on the day of the second examination she called me and said, "It is useless to disguise the fact about the shirt, it was pawned for 1s.; if you go to the prosecutor's room, you will find the duplicate behind a box "—which I did, and got it.
GUILTY . Aged 43.— Confined Six Months.
JOHN THOMPSON . I live at No. 151, Saffron-hill. The prisoner lodges at my house—he brought this guard to my house on the evening of the 10th of November, and asked me to take care of it till next morning.
GUILTY . Aged 19.— Confined Three Months.
JOSEPH MOSES . I live in Southwharf-road, and am a tailor, in partnership with Francis Charles. A customer of mine came and told me something, I looked about and found there was a cap gone, and I jumped up, ran out, and found two were gone—this is one of the caps—I am going on for nineteen years of age, and keep the shop—I pursued and came up with a young man who had got the prisoner—the prisoner began a sort of cry, and said "It was not me that took it, I bought it of that man that is going away."
Prisoner. He said, "If you don't give me half-a-crown, I will give you in charge."
WILLIAM LLEWELLIN . I live in Union-place, Paddington. I was in Moses' shop, and happened to see somebody's hand taking a cap down—I said, "There goes one of your caps"—I pursued the prisoner, and took this one with a cap in his bosom—he said, "Why do you not take the other one? he took the caps"—he made a kind of cry, and wanted to pay for the cap—he said he had got but 8d.—the owner wanted half-a-crown for the two.
Prisoner. I said, I have got a cap which I bought of that man.
(The prisoner received a good character.)
GUILTY . Aged 17.—Recommended to mercy by the Prosecutor.
Confined Three Months.
70. DANIEL KNIGHT and GEORGE ORFORD were indicted for stealing, on the 10th of November, 15lbs. weight of copper, value 5s., the goods of Richard Barrow, and fixed to a certain building; against the Statute, &c.
RICHARD BARROW . I live in Raymond-buildings, Gray's-Inn-lane. I have a foundry in Compton-passage, Clerkenwell—I lost from there three copper gutters and part of another—I cannot say that I had seen them safe since they were fixed twelve months ago—I have compared the copper produced with the gutter, and believe it to have formed part of the gutter, and from its appearance I should say it had been recently cut.
Cross-examined by MR. DOANE. Q. Are these gutters high? A. Yes, at the top of the building—it is a high building—it has been uninhabited for two years, but is now used as a foundry—the copper appears to have been cut with a sharp instrument, but it is not cut smoothly.
THOMAS EMERY (police-constable G 176.) On Friday night, at half-past ten o'clock, I met the prisoners in Compton-street, Clerkenwell—Knight had a bag on his shoulder—I passed them and went up to Compton-passage—I there received information that some boys had been on the building—I went back and stopped Knight with the bag—Orford was still with him—Knight threw the bag off his shoulder, and tried to make his escape, but I caught him—Orford ran away—I compared the copper which I found in the bag, with the top of the prosecutor's house, and it appeared
to correspond—it looked quite fresh as if recently cut—I have a pair of scissors which I found in the bag, and Knight told me he had cut the copper with them.
SAMUEL BOX (police-constable G 109.) I saw the prisoners together that evening, about ten minutes after ten o'clock—Orford was carrying this bag containing the copper—I went round my beat, saw Emery, who told me something, and about a quarter of an hour after, I saw the prisoners turning round the corner of Compton-street—Emery took Knight—I took Orford—he said he had only been carrying a bag for his father.
Cross-examined. Q. Did you tell that to the Magistrate? A. No—he would not allow me to say as much as I knew—I am sure this is the same bag that I saw Orford carrying—I took particular notice of it—they shook the bag on their shoulders, and it jingled like tin—I am sure it is the same bag I saw them with at first—they passed close to me.
(Orford received a good character.)
KNIGHT— GUILTY . Aged 12.
ORFORD— GUILTY . Aged 12.
Confined One Month.
SUSANNAH BENNETT . I am the wife of John Henry Bennett, living in Hadlow-street, St. Pancras.—The prisoner and another young woman took a room—she said she was a brush-maker—she was out the whole of the day, and I went up on the 16th, and missed the sheet and blanket—I was told where she was—my husband went and found her, and fetched a policeman—I said, if she would give me-the ticket, I would say nothing about it—the ticket was found on her.
Prisoner. When I took Mr. Bennett's room, a young woman in the second floor back took the sheet and pledged it—I did not—she lets lodgings out to gay ladies—I went three times to the person that pledged it to get the ticket—she took the sheet out of my lodgings—I would have gone back that evening, but Mr. Bennett fetched me about eleven o'clock, and I very seldom go home before twelve o'clock—I was not with the person who pawned it—I was ill in bed.
ARTHUR JAMES NORTH re-examined. This sheet has not been pledged more than once, that I know of—it was pledged first for 1s., and they came a few days after and had another shilling—the prisoner was with the person who came the first time—not the second—it was pledged in the name of "Sarah Wells"—the other took the active part in pledging it.
NOT GUILTY .
JOHN RYVES D'ARCY . On the evening of the 27th of October I was walking through King-street, Covent-garden, and all on a sudden I felt a pull at my pocket—I put my hand back and found my handkerchief was taken out of try pocket—I had used it but a very short time before—I saw the prisoner close behind me, and immediately accused him of taking it
out of my pocket—he declared he had not seen it at all—I looked down by some railings, and there I saw my handkerchief on the ground-I stooped to pick it up—he gave me a blow, and before I could recover myself he was off, I suppose 200 yards—a gentleman was coming against him—he stopped him and gave him to the policeman—there was no one near me but him that could have done it—this is my handkerchief.
JOHN RYLES . I am a painter and glazier in Westminster. I was in King-street, and saw the prisoner running towards me—I put my hand out and stopped him—he fell down—I detained him till the prosecutor came up and charged him with stealing the handkerchief—the officer came up and he took him.
Prisoner. I am innocent—I was in liquor at the time. Witness. He was sober enough when I took him to the station.
(The prisoner received a good character.)
GUILTY. * Aged 29.—Recommended to mercy by the Prosecutor.
Confined One Year.
GUILTY. Aged 21.—Recommended to mercy by the Prosecutor.
Confined Three Months.
GUILTY . Aged 25.—Recommended to mercy by the Prosecutor.
Confined Six Months.
CHARLES PARKER . I am a policeman. I took the prisoner, and as I was going along I looked into his hat, and found one of these pots, which is Mr. Brown's, and the other which is Mr. Caslake's, in his coat pocket.
GUILTY . Aged 19.— Transported for Seven Years.
o'clock, and saw the prisoner and another one there—I saw our window was broken, and two bottles were taken—I did not see either of them take the first—but the last bottle I saw the other one take out, and give it to the prisoner—they ran away—I ran and took the prisoner, and took the two bottles from him—I could not take the other—they had Reading-sauce in them, and are my master's—he is in partnership with his brother.
Prisoner. I was going up Albany-street, and another boy, passing me, asked me whether I would have two bottles—I took them, and he ran away—the young lad came and took me, and took the two bottles from me—I did not know what they contained.
(The prisoner received a good character.)
GUILTY. Aged 14.—Recommended to mercy by the Jury.
Confined Five Days and Whipped.
Fourth Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 58.— Confined Three Months.
78. MARY NEILY, JEMIMA NEILY , and HANNAH ADAMSON , were indicted for stealing, on the 30th of September, 1 shawl, value 1l.; 1 necklace, value 1l. 10s.; 1 handkerchief, value 1s.;1 snuff box, value 6d.; 1 harmonicon, value 4s.; 1 veil, value 2s.; 1 pair of gloves, value 1s.; 1 bag, value 1s.; and 1 bottle, value 6d. the goods of Ann Milton, from her person.
ANN MILTON . I am a single woman, and get my living by hard work, I live in families as a servant—I was out of place for about three weeks—the prisoners were quite strangers to me—on the 30th of September, I had been out to spend the evening with a few of my friends, and as I was returning home I was a little the worse for liquor—it was ten minutes past twelve o'clock—I had been' at the Eagle-tavern in the City-road—I had never seen the prisoners before—as I was going along the City-road they spoke to me—I think it was Jemima Neily spoke first—she said, "Halloo"—I spoke to her—she said to me," What are you going to stand?"—I said they could have what they liked—so one sister took hold of one of my arms, and the other the other arm, and Adamson walked behind me—they went into a public-house and called for half a pint of gin—I paid for half a pint of gin, and a bottle of ginger beer—I did not mix the gin and the beer together, they drank it between them—I did not take a drop—I paid 11d.—after we came out, the two Neily's took my arms again, and took me down the City-road; first down one street, and then down another, and then they took all my things from me—the two Neily's had hold of my arm—Adamson took my bag and my necklace, and the two Neily's took my veil and other things—I had a necklace in my bag with an harmonicon and snuff-box—they got away, and were taken about five weeks after—I am certain they are the same persons—I had lived with Dr. Smith, of Whitecross-street, before this happened—I have not been able to go to a place on account of this business—my brother has kept me—he is a painter, in Horse Shoe-alley, Wilson-street—he is a married man—some of my property has been found on Neily's premises.
Mary Neily. She treated me with a glass of gin, and she took one herself—I left her at ten o'clock at night.
Jemima Neily. She did not treat me—she did my sister.
WILLIAM GOLDER . I am a pawnbroker, and live with Mr. Wetherly, of Church-street, Bethnal-green. I have a shawl pledged on the 2nd of October, in the name of Ann Dale, No. 1, Nicholas-street—I know the prisoners well, but cannot swear that either of them pledged this shawl—they are in the habit of pledging at the shop.
FREDERICK EAGER . I am a policeman. I was called by my brother officer about eleven o'clock on the 4th of this month, to take the prisoners into custody—I went with him to the house, No. 1, New-court, New Nicholl-street, and found the pair of gloves and the reticule bag in the Neilys' room—the bag was cut up.
Jemima Neily. She is an unfortunate girl, like ourselves, and well known in the City-road. Witness. No, I am not—I swear I never saw them till this night—I was a little the worse for liquor, but I had quite enough sense to know I was robbed, and who robbed me, and to remember what passed.
Jemima Neily. I have been with her and another young girl in the City-road, since that—I went and pledged the shawl with Adamson.
(Mary Renshaw, of Broadwall, Blackfriars-road, gave the prisoners Neily a good character.)
MARY NEILY.— GUILTY . Aged 18.
JEMIMA NEILY.— GUILTY . Aged 16.
HANNAH ADAMSON.— GUILTY . Aged 21.
Transported for Ten years.
There were two other indictments against the prisoners.
(The prisoner received a good character.)
GUILTY. Aged 31.—Recommended to mercy by the Prosecutor. Confined Three Months.
MARY ELLIOTT . I am the wife of John Elliott, and live in Charles-street, Drury-lane, and he is a boot-closer by trade, and we keep a chandler's shop. The prisoner lived in the house, and only left us on the Wednesday as he committed the theft on the Friday—his father and brother lodged with me—I consider they got their living by selling apples and pears—I did not miss the blanket till the policeman brought it—the door must have been broken open if he took the blanket—it was taken from another house of mine, not the house I live in—it was in the one pair back-room, which a coal-heaver and his wife occupied—this is the blanket.
GEORGE JOHN RESTIEAUX . I am a policeman. On Friday, the 27th of October, at ten minutes before six o'clock, I saw the prisoner in Museum-street, with the blanket under his arm—I took him into custody,
I then made inquiry, and found it had been taken from Elliott's—he said a boy gave it him.
Prisoner. It was given to me by a boy in the street, whom I have known ever since I was four years of age—I did not steal it.
GUILTY . Aged 17.— Confined One Month.
ROBERT SKITTER . I keep Mr. William Essenhigh Hammond's shop, at Brentford—he is a chemist and druggist. On the 27th of November the prisoner came to the shop, and asked to look at some small teeth-combs—he was quite a stranger—I showed him some—he had three in his hand, and asked what they were—I said 4d. each—he asked what a dozen—I said 3s.—he looked at them, and said he would have a dozen, and call in the morning—he put down two, and the other he put up his sleeve, and in going out of the shop he put his hand into his pocket—I ran after him—he went a few steps, and joined another man, to whom he shortly after gave the comb—the man held it up to the gas-light, so that I could distinctly see it—it was about ten o'clock in the evening—they went to a linen-draper's shop, and while they were in there I went and looked for a policeman—I directed him to the shop where the prisoner was, and went to look for another policeman to take the other man; and while looking for the policeman I saw the other man standing, looking for the prisoner—I went to tell the policeman, but that man got away, and we took the prisoner—the other man had got the comb.
Prisoner. Q. Where did you see me? A. By the, gas-light—there is a light in the window and outside—I saw you from the gas outside the door—you had gone a few steps on.
Prisoner. I gave that man a half-crown piece—I came into your shop, and asked you the price of the combs—you said 4d., and a dozen was 3s. 6d. Witness. You said at the Police-office that you had not been in our shop at all.
Prisoner. No—I said it was not that shop I went into—I had no sleeve on—you said that the little boy saw Mr. Witness. Yes—the little boy saw you, and so did I—I saw you put the comb up your sleeve, and then give it to the other man.
Prisoner. Why did you not stop me in the shop?—you put them down, and said they were 4d. each, and I said, "Is that the lowest?" and you said 3s. a dozen; I said I had not got money enough; and then, when I came to the man, I gave him the half-crown, and he said, "Why did you not bring half-a-dozen?.
WALTER PRENDERGAST . I am a policeman. I took the prisoner into custody—Skitter charged him with being in the shop and stealing the comb—he swore positively that he wished God might break his neck if he had been in the shop that night, and then he said he had.
GUILTY . * Aged 26.— Transported for Seven Years.
counter—I saw it at nine o'clock in the morning, and missed it five minutes after, when I came to serve in the shop—it has been found—it was stopped in the broker's shop by the broker.
GEORGE WORSTER . I am porter to Mr. Ford. On Friday, the 3rd of November, the prisoner came and asked if I would buy the box—I took this box from the prisoner, and took it to my master, Mr. Ford, and told him I suspected it was a box that had been stolen from the corner of Lumber-court—my employer came and told the prisoner to walk with me to the next shop, Mr. Bradley's and the prisoner went with me there, and my master and Mr. Bradley had some conversation, and told the prisoner that they had some suspicion it was stolen, and he had better go and fetch the parties—he went away—I did not see him again till he was in custody on the Saturday—he is the man.
(Property produced and sworn to.)
Prisoner. I do not know any thing of the robbery—they are mistaken in the person altogether, and how they came to know where I lived I do not know.
GUILTY * Aged 18.— Transported for Seven Years.
HENRY BEALE . I had the care of this coat, it was kept in a box in the livery stables, in Crown-yard, Regent-street—it was left with me on the 8th of November, and I saw it safe on the 13th, from half-past six o'clock to seven o'clock, and I missed it the same day, when the policeman called on me—the prisoner was helping me that afternoon—he worked in the yard—I did not permit him to take the coat—I had the care of it—it was Mr. Isaacs's—he puts up at the stables.
Cross-examined by MR. PHILLIPS. Q. It was on the 8th you got this? A. It was left with me on the 8th, and then he had it again and left it with me on Lord Mayor's day—I have known the prisoner about twelve months—I have heard that he has worked in the yard—only one person beside myself is employed in this yard—I lock it up when I leave—I cannot swear that I locked it when I left it that night—I was drunk, but not lying in the stable.
MARK TEASDALE . I am a policeman. I was on duty on the 13th of November, in Regent-street—the prisoner came out of that yard with a coat on his shoulder—I stopped him and asked him what he was going to do with the coat—he told me it was his own—then he contradicted himself, and said it belonged to another person—I told him I had suspicions of it, and I would take him to the watch-house—he said, "You don't mean that, do you? "—he chucked it down on the pavement, and said, "You b----, carry it yourself."
Cross-examined. Q. Was it not openly over his shoulder? A. Yes, so that any body might see it as he walked along—he said it belonged to a man of the name of Spears—I never swore it was Spill—I was examined at the police-office—I never swore that he told me it belonged to a man named Spill—this is my hand-writing—it is here" a man of the name of Spill," but I said Spears—the clerk desired me to attend to it while he read, and I did of course"—I signed it—I find the name Spill—of course I swore that it was Spill, if it is there—I said Spear—I did not say Spill—I might
not have observed it—the prisoner said he did not take it away with any idea of stealing it.
MR. PHILLIPS to HENRY BEALE. Q. Do you know a man of the name of Spears? A. There is a coachman of that name who assists in the yard.
STEPHEN PITT . I am a seafaring man. I lodged at Mrs. Bird's, at Poplar, when this happened—I knew the prisoner—I believe he is a shoemaker—I never knew him before that morning—I gave him a suit of clothes to pawn—he returned and gave me 16s.—I was at the Sun and Sawyers, in Poplar, from eight to ten o'clock—I was not sober nor drunk, but sensible—I recollect giving him the bundle—I fell asleep—I put 13s. in my pocket—I lent him a half-crown—I put two or three half-crowns into my pocket, besides shillings—I did not count exactly to see what they were—I dozed, I dare say, for an hour—when I awoke my money was gone out of the pocket—I had put it into my right-hand trowsers pocket—that is where I always put my money—I was asleep when he took it—there was only the prisoner and another man—when I awoke I had 6d. in this other pocket, but it did not belong to that money.
Cross-examined by MR. CLARKSON. Q. Was this morning or evening? A. It was in the morning—I did not meet this man again in the evening nor in the afternoon—I did not meet him after I awoke—I was in my bed after three o'clock—I waited at the Sun and Sawyers till three o'clock, and then went to my lodgings—the person is in Poplar who had the care of me.
WILLIAM HUNT . I am a bricklayer. I went into this public-house between ten and eleven o'clock, and had half a pint—I saw Camp sitting at the right-hand side of Pitt and a shoemaker—Camp put his hand into the prosecutor's right-hand trowsers pocket, and took out the money—there were two half-crowns and some more silver—then he put his hand into his left-hand pocket and took out a tobacco pouch, and took out a ticket of Pitt's clothes—he threw the pouch down at his feet, and then they asked if I would have some bacon with them, and we did, and some beer—I do not know whether the prisoner paid for it—Pitt remained asleep—the same night I saw them again at the same house—Pitt awoke and picked up his pouch, and said he had lost the ticket of his clothes—I told him that I was there, and stopped till he awoke to see that he was righted.
GEORGE MURRAY . I am a policeman. On the 7th of November Hunt came to the station-house and said what he had seen—I took the prisoner into custody, and on him I found a duplicate of the clothes—I found no money on him.
NOT GUILTY .
MR. CHAMBERS conducted the Prosecution.
five or six months since—I had a good character with him—about the 13th of November I missed three sets of teeth-—on the 13th I went to the house of Mr. Muggridge, a dentist, in Conduit-street, and saw three sets of teeth, which I identified, and some odd ones—those I missed on the 13th were one set.
Cross-examined by MR. CLARKSON. Q. I believe you were a pupil of Parkinson? A. Yes, I was, and Mr. Muggridge was a workman—there is a difference between the teeth taken from a dead man's head, and when they have wire run through them—they are my teeth.
WILLIAM BALLARD . I am an officer. I went to Mr. Muggridge's on the 15th of November—he showed me some teeth, and the prosecutor selected some, and recognised them as his—these are some of them—after I had been to Mr. Muggridge's I went back, and saw the prisoner at the prosecutor's—Mr. Mugridgge accompanied me, and pointed out the prisoner as the person of whom he purchased the teeth—I asked the prisoner what he said to it—he said he had taken them, and I found two teeth in his pocket—he said he had taken them a long time.
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined Three Months.
MARY HALES . I am the wife of James Hales, of Garnault-place, Clerkenwell. On the 17th of November I missed a chair from outside the shop—the policeman took it to the station-house, and I went and saw it—I do not know the prisoner—it is my chair.
WILLIAM ARNETT . I am a policeman. I met the prisoner at six o'clock, on the 17th, with the chair on his shoulder—I asked him where he got it—he said, "From a house in Penton-place"—he could not tell me the number—I took him to the station-house, and the prosecutor came and claimed it.
GUILTY . Aged 21.— Judgment Respited.
87. WILLIAM SMITH was indicted for stealing, on the 6th of November, 2 trowels, value 2s.; and 1 coat value 6d.; the goods of Richard Ely: and 1 trowel, value 6d.; and 1 hammer, value 1s.; the goods of William Carey.
RICHARD ELY . I am a bricklayer. I had two trowels and a coat—they were lost from No. 10, Hollis-street, Cavendish-square—part of the tools were on the top scaffold of the house—I saw them safe at five minutes before twelve o'clock on the 6th of November, and when I came back from dinner at five minutes before one o'clock, they had been moved—the prisoner had them-I did not know him at all—the policeman had him.
WILLIAM CAREY . I worked at the same job as Mr. Ely, my master—we left to get dinner, and when we went back the policeman had the prisoner with my trowel and hammer, and the other things—these are mine.
coat—I asked what he had got there—he said the bricklayer's tools, and he was at dinner round the corner—I sent my partner, who could not find the bricklayer, but found the policeman, and I gave him in charge.
Prisoner. I was coming across Hanover-square, and met a man, who said he was going to dinner, and if I would go and fetch his tools from the scaffold, he would give me a job—I went and got them; he said I was to take them to a public-house where he was to be, and he would employ me—he told me his name was Rogerson—I have seen him before—I had got my own tools at the same time—I am a plasterer.
GUILTY . Aged 38.— Confined Three Months.
AMBROSE CANDLER . I live with my uncle Thomas Hardy, a cheesemonger, at Mile-end. About nine o'clock in the evening of the 7th of November, I was standing at the next door shop, and saw the prisoner take up the cheese—it was half inside and half out—he put it on his shoulder, and was going to run away—I cried "Stop thief"—he dropped it, and ran round the corner—I pursued him, and he made a stop—when he ran about 100 yards a policeman came up, and he was taken to my uncle's—I never lost sight of him.
JAMES MASLEN . I was a policeman at that time, and was doing duty in the Cambridge-road—I heard a cry of "Stop thief," I ran up, and this lad gave the prisoner in charge, and said he had robbed his uncle—I had seen him run with the others, but bad not noticed him—this is the cheese—it weighs 34 3/4lbs.
Prisoner. I heard a cry of, "Stop thief," and was taken into custody—there was some white on my coat—the policeman said I was the man.
GUILTY . Aged 20.— Confined Six Months.
MARY ANN BUCKLE . I live at No. 20, Adam and Eve-court, and am the wife of Bartholomew Buckle. This is all my property—I took them to be mangled at Mrs. Reavill's on Monday morning, the 6th of November—I know nothing of the prisoner.
ANN REAVILL . My father's name is Charles, my mother keeps a mangle. These things were left by Mrs. Buckle, and the prisoner came and fetched them—I did not know her before—she came and asked me for the mangling—I asked her who sent her, and she said her mother—she had not got enough money to get them by 1/2d., and she left the outside wrapper for the 1/2d.—she did not say she came from Mrs. Buckle—I let her have them, and she went away—she said she would bring me the 1/2d. directly her mother came in.
Prisoner. It was another young girl asked me to fetch them for her mother.
on the 7th, I was called to take the prisoner for stealing these things—I took her from the front parlour of the house she was in—she said she had got the things, and had pawned the gown, and these other things she had left at a shop—I went and found them.
Prisoner. I was coming through Well-street at half-past two o'clock, and met Betsey Marshall, she asked me to fetch these for her mother, and then she asked me to pawn the gown.
(The prisoner received a good character.)
GUILTY. Aged 16.—Recommended to mercy by the Jury.
Confined Five Days.
OLD COURT.—Friday, December 1st, 1837.
First Jury, before Mr. Sergeant Arabin.
ELEANOR POTTO I am single, and am a milliner, living in Little Mortimer-street. On the 25th of November, about half-past ten o'clock in the evening, I was in my parlour which communicates with the shop, and saw the prisoner come from behind the counter, and run out—I ran out, and saw him rolling up a cloak—he ran away, and I after him, calling "Stop thief," up Mortimer-street, Portland-street, into Regent-street—he dropped the cloak at the corner, and was stopped by the policeman—this is the cloak, and this shawl which was with it, belongs to Louisa Garret—the prisoner was quite a stranger.
GUILTY . * Aged 22.— Transported for Seven Years.
JOHN WOOD . I keep an eating-house in High-street, St. Giles's. The prisoner was three weeks in my service—I owed Mr. Moss, the butcher, a bill—on the 3rd of November, about a quarter to eight o'clock, I gave the prisoner four sovereigns and some half-crowns to pay it, but he never returned—he was apprehended the next week.
ELIAS AVERY . I live with Mr. Moss. On the 3rd of November the prisoner came there, and said his master had sent him to say he was gone to the baker's to settle the bill, and when he had done that, he would come and settle with Mr. Moss—he never paid any money—I wished him to wait and see master, which he did, and told him the same, in my presence.
GUILTY . * Aged 18.— Transported for Seven Years.
92. HENRY RICHARDSON alias Waterson, was indicted for stealing on the 30th of October, 1 coat, value 20s.; 2 shawls, value 2s.; and 1 pair of gloves, value 1s.; the goods of James Bramble; and that he had been before convicted of felony.
JAMES BRAMBLE . I drive an omnibus. On the 30th of October, I went into the Portland Arms, at the corner of Princes-street, to write some circulars—I saw the prisoner in the house—I had a great-coat and two shawls in it, which I laid down on the settle—the prisoner was standing up—I was beginning to write—I sat with my back rather towards the prisoner, and sat down by the side of my coat—I turned round shortly after, and the coat and the prisoner were gone—Box, who was sitting near, was also gone—Box was there when I first went in—I met the prisoner next night in a coffee-shop where I went to have my tea—I sat down opposite to him—my fellow-servant called him out, and as he went out at the M the policeman took him—I told him it was no use denying taking the it, for I had a man who had seen him do it—he said if I would let him by himself he would fetch the coat, but I have not seen it since, nor the shawls.
RICHARD BOX . I am a hackney-coachman. I was at the public-house, and saw Bramble's coat on the settle—I sat down by the side of it—the loner, who was quite a stranger, was standing by—he came and sat down by my side, and asked me for a halfpenny, to get a baked potato—person I wanted was not there, and as I was going out, he got up and came along with me, with the coat under his arm, and walked by my side—I met a friend, and while talking to him, the prisoner put the coat on and went away—I did not know but it was his own coat.
ALFRED BLUNDELL . I am an officer. I took the prisoner into custody—he said he knew nothing about the coat—but when Bramble came up, he said if we would allow him a quarter of an hour, and forgive him, he would produce the coat.
THOMAS----. I am a policeman, I produce a certificate of the prisoner's former conviction, from Mr. Clark's office—(read)—I was present at the trial—he is the man.
GUILTY . Aged 25.— Transported for Fourteen Years.
Before Mr. Justice Park.
MR. BODKIN conducted the Prosecution.
GEORGE FREEMAN . I am a drayman, in the employ of Coombe and Delafield, brewers. On Friday, the 3rd of November, between one and two o'clock in the afternoon, I was in Mount-row, which leads out of ' Davis-street, near Berkeley-square—I saw a mob coming up out of Mount-row, and the prisoner beating another man with a short stick—I did not see the man fall—I observed the stick drop from the prisoner's hand, and saw him put his hand to his right-hand coat-pocket—he drew out knife, and stabbed the man with it—I saw him stab him, and saw the prisoner put his knife into his pocket again—the deceased walked round once or twice, and said he was stabbed—he was capable of walking—I went forward with Fisberry, my fellow-servant, and took hold of the prisoner—I asked him where the knife was which he had stabbed the man with—he said, "In my pocket"—I put my hand into his pocket, and
drew from it a table-knife—I laid it on the step of a door, and afterwards gave it to the constable—(knife produced)—this is it—when I first sat the prisoner and the deceased, they were scuffling—the prisoner was beating him with a short stick, and he was trying to get away—I did not see the beginning of it.
Cross-examined by MR. PHILLIPS. Q. Did not the prisoner appear to you to be in a very uncomfortable state of mind? I adopt that phrase, as I find it in your deposition. A. He seemed to be in a very great passion when the stick was dropped—after I took hold of him he seemed quite comfortable—he appeared in a great passion while he was beating the deceased, and while he used the knife.
HENRY FISBERRY . I was in company with Freeman, my fellow-servant, when this matter happened—I saw a scuffle between the two men, and saw the prisoner beating the other with a short stick—he dropped the stick, and made use of the knife—he took it from his right-hand pocket, and stabbed the man—Freeman went up and took him—I did not ask him any thing, nor did Freeman in my hearing—I saw the knife—Freeman took it out of the prisoner's pocket—the prisoner was afterwards given in charge of a constable.
STAFFORD JOHN BERKELEY . I am house-surgeon at St. George's Hospital. The deceased was brought there on the Friday afternoon, between two and three o'clock—he had a flesh wound on the left side, between the tenth and eleventh rib—he was labouring under the effect of that wound, and appeared sinking from loss of blood—I attended him till he died, which was about a quarter past six o'clock on Saturday afternoon—I was present at the post mortem examination of the body—we discovered that some sharp instrument had penetrated the walls of the chest on the left side, between the tenth and eleventh ribs, passing obliquely upwards, through the diaphragm, spleen, stomach, and almost the entire thickness of the liver—a quantity of blood was effused in the cavity of the abdomen—that was the consequence of the wound, and was the cause of death—there was only one wound—such a knife as this would produce the wound.
PETER HAY . I am a constable of St. George, Hanover-square. On Friday, the 3rd of November, the prisoner was placed in my custody on this charge—I have produced the knife—the prisoner told me the reason he had stabbed Randall was, that he had taken unnatural liberties with his son—that he had only done what a father and an Englishman would have done under such circumstances.
Cross-examined by MR. CLARKSON. Q. Did he also say he had never seen the deceased till within two minutes when he was pointed out to him? A. He did.
CHARLES MEREDITH . I am a painter and glazier, and live in Davis-street. The deceased James Randall lodged in my house for nearly eight months, down to the 1st of November—he was a valet, I believe, but was out of place the whole eight months—I believed him to be single—he did not board with me—he was about forty years of age—for a fortnight before the 1st of November his conduct excited suspicions in my mind—during the eight months he lodged with me between six and seven lads had come into my house, and they had always gone into his sleeping-room—one would come, perhaps, two or three times, then I saw no more of him, and then another came—they used to come either early in the morning or late in the evening—on the 1st of November, about nine o'clock in the evening, he came in with a youth apparently about fifteen years of age—
I thought I had noticed that lad coming to my house once before—he had a delivery on—they went up stairs to the deceased's bed-room, which was the ✗attic—he only had one room.
COURT. Q. How did the boys come in—is yours an open door? A. No, they knocked at the door, and inquired for Mr. Randall—they asked for Mr. Randall—they asked for him by name—they generally went up of their own accord—they would say, "I know his room, Sir, I will go up"—I did not notice how long they staid—On the 1st of November I proceeded to watch what took place—when I got up to the door of the deceased's room, I looked through the keyhole, and there was no light to be seen—he had taken a candle up with them—it appeared as if the key-hole was muffled in some way inside—the door was locked—I heard a whispering—I burst open the door suddenly—(Here the witness described finding the deceased and the youth in such a situation as left no doubt of their being in the act of perpetrating an unnatural offence)—I said to Randall, "You wretch, I suspected you; you are now detected!"—he instantly fell on his knees, clasped his hands, and said, "Oh, Mr. Meredith, you have a family of your own; don't give me into custody;"—he repeated that two or three times—he said, Any property that I possess is yours; I will give you 100l., but do not give me into custody "—a slight scuffle took place between Randall and me, during which time the boy ran down stairs—I went after him and detained him at the bottom of the stairs, and while I was so engaged, Randall made his escape—I learnt from the boy that he lived at No. 7, Hanover-square—I took him there, and ascertained that he was the prisoner's son—the prisoner called on me the following day, Thursday the 2nd of November, about seven o'clock in the evening—he had been informed before he came to me of what I had observed respecting his son—he merely called on me to know if I knew where any of Randall's friends resided, for he thought he should be able to trace him—I had told the story to somebody at No. 7, Hanover-square—the prisoner appeared to be very low, and shed tears two or three times in my house—I saw him again next morning (Friday) between eight and nine o'clock—he merely said, "Have you seen any thing of Randall?"—he said he should get assistance, and no doubt he should be able to secure him—during both these interviews he appeared to me to be in a state of great misery, but no expression escaped him, from which I could infer he contemplated attacking the deceased.
Cross-examined by MR. PHILLIPS. Q. According to the best of your recollection, do you think the deceased had ever had that boy before in his room? A. I thought I had noticed him once before.
H. M. DYER ESQ., I am a Magistrate of Middlesex. On the 4th of November, about four o'clock in the afternoon, I attended at St. George's Hospital, to take the statement of the deceased, James Randall—he appeared to me under the conviction that he should die—this statement was taken down in my presence on that occasion—it has my signature to it—it was read over to the deceased—he did not sign it—he did not appear in a condition to sign it—(read)—"4th November, 1837. The declaration of James Randall, who says, I have no chance—believing myself in a dying state, I think there is no hope for me. On Wednesday last, I saw Fisher's son, whom I had known for some time, at my lodging—he told me he suspected he had got the v----disease, and showed me his----, and while doing so, the landlord came into the room, and said he was sure it could not be for any good, and he would go and tell
the boy's father, and yesterday the father, Fisher, met me and his son in Davis-street, about half-past one o'clock—Fisher said to his son, 'Is that he and on the boy's saying, 'Yes,' he knocked me down with a stick, and as I was attempting to rise he drew a knife out of his pocket and stabbed it into my left side—I fell down directly, and I think I saw him putting the knife into his pocket—I do not recollect his speaking a word to me or asking me any question before he knocked me down with the stick-I never spoke a word to the man, Fisher, myself—he broke the stick with the blow he gave me.'Taken before me, H. M. DYER."
MR. BERKELEY re-examined. Randall appeared all along convinced he was dying.
WILLIAM MORIE TRACY . I am a surgeon, and live in Clarges-street On the 8th of November, I examined the person of the prisoner's son, at the request of Dr. Locock, in whose service I believe he lived—there was no appearance whatever of any v----disorder—he certainly had not had that disorder within a week before—there was no evidence of that disease in any form.
(Sir Charles Mansfield Clark, Bart.; John Maudesley, surgeon, Hanover-square; Dr. Robert Ferguson; Dr. Locock; William Morie Tracey, surgeon, Clarges-street; George Ashley, the prisoner's brother-in-law; Israel Phillips, tailor, Lamb's Conduit-street; William Thorn, coach builder, John-street, Cavendish-square; Robert Newman, Regent-street; Charles Walker, saddler, Titchbourne-street; William Tallows, artist, Gilbert-street, Grosvenor-square; Thomas Peek, of the Exchequer-office; and Richard Evans, Berner's Mews, wheelwright; gave the prisoner a most exemplary character.)
GUILTY of manslaughter only. Aged 44.—Recommended to mercy in consideration of his character, and the aggravated circumstances in which he teas placed.— Confined One Year.
Fourth Jury, before Mr. Baron Parke.
94. ANN WILLIAMS and MARIA JONES were indicted for a robbery, on Benjamin Watts, on the 12th of November, at St. Luke's, and stealing I half-sovereign, four half-crowns, 1 shilling, and 1 sixpence, his monies; and that they immediately before, and at the time of such robbery, feloniously did use personal violence to him.
BENJAMIN WATTS . I am a coal porter. On the 12th of November, I was going along Chiswell-street, at a quarter to ten o'clock at night—the two prisoner's followed me, seized me by the body, and held my arms down—Williams went behind me, and closed her arms round me to confine my arms to my body, and Jones seized me by the arms and pushed me into a court—I have not a doubt of the prisoners being the persons—Jones came before me and seized me by the hands, and Williams put her hand into my pocket and took out a half-sovereign, four half-crowns, a shilling, and a sixpence—it was in my right-hand trowsers pocket—she handed it over to Jones, who ran down the court with it, and dropped a half-crown which I immediately put my foot on—I called the policeman and seized Williams—I picked up the half-crown and gave it to the constable, after marking it.
Williams. Q. Did you not leave a woman, and cross to me? A. No—I saw no woman at all—I did not ask you if you had a place of your own, nor to have any thing to drink—I did not say I had only half-a-crown,
and if you had a room of your own I would give it you—you did not say you had no place of your own, nor did I say I would go and sek somebody who had.
ROBERT REED . I am a police-sergeant. I received information about a quarter to ten o'clock, that a person had been robbed in Type-street—I went up to the place, and found the prosecutor—(before the alarm I saw the two prisoners together)—I found Williams in Watts's custody—Baker took her, and I went in pursuit of Jones—I took her about eleven o'clock Barbican, in company with some other girls, not at her lodging but in the street—I afterwards went to her lodging in Ball-court, Playhouse-yard—she gave me several addresses—I found a key on her which unlocked the door of the room I went to, and I found a child in bed there which I had seen her carrying—I found in that room, under an image on 3 chimney-piece, a half-sovereign, two half-crowns, a shilling, and a sixpence.
BENJAMIN BAKER . I am a policeman. I was in company with Reed, and took Williams into custody—the prosecutor gave me a half-crown—I had seen the prisoners in company that night at the end of Chiswell-street.
Williams's Defence. The man asked me to have something to drink when I met him.
Jones's Defence. I never saw the man.
WILLIAMS*— GUILTY .—Aged 27.
JONES*— GUILTY . Aged 22
Of stealing from the person without violence.
Confined One Year.
Before Mr. Justice Park.
95. WILLIAM GODFREY and JONATHAN DOBSON were indicted for stealing, on the 25th of November, 26 1/2 yards of oiled and printed table-covering, value 5l. 10s., the goods of Hewitt Fish Turner, the master of the said William Godfrey, in his dwelling-house.
SAMUEL DALLOW . I live at the corner of Myddleton-street, St. John-street-road. On Saturday, the 25th of November, between one and two o'clock, I was in my house, and observed the prisoner Godfrey beckon Dobson through the window over to Mr. Turner's shop, and when Dobson went over he opened the door for him—I saw Dobson go in—he stooped down and brought out two rolls of printed table-covering on his shoulder—he went up Myddleton-street, as far as Gloucester-street—I followed and overtook him in Rosoman-street—I saw a policeman, and he took him to the station-house.
Cross-examined by MR. PHILLIPS. Q. Did you lose sight of him? A. Only in turning the corner—I am quite certain he is the person.
Cross-examined by MR. PAYNE. Q. Where is your shop with reference to Mr. Turner's? A. Directly opposite, in a slanting direction—I was inside my own shop, watching the prisoners—I could see into Mr. Turner's shop quite plain—I saw Godfrey, through the window, beckon to Dobson—mine is an oil-shop—I saw two persons in company with Dobson.
HEWITT FYSH TURNER . Godfrey was nearly twelve months in my service—I was not in the shop on this occasion—this is my cloth—it is a pattern nobody else has—I had seen both pieces that day—it is my dwelling-house, and is in the parish of St. James, Clerkenwell.
Cross-examined by MR. PAYNE. Q. What do you call this?A. Oil-printed table-covering—I gave Godfrey in charge after Dobson was taken.
(The prisoner Godfrey received a good character.)
GODFREY— GUILTY . Aged 13.— Confined Nine Months.
DOBSON†— GUILTY . Aged 21.— Confined One Year.
(No evidence was offered on the Count for fraud.)
BACKLER.—Recommended to mercy.— Confined Six Months.
BUTLIN.— Confined One Year.
Before Mr. Baron Parke.
GEORGE READ . I am a linen draper, and live in Upper-street, Islington. The prisoner was my apprentice for nine months—he absconded on the 23rd of October—I did not miss any Irish linen while he was with me.
WILLIAM SMITH . I am a pawnbroker at Islington. The prisoner pawned a piece of linen with me on the 16th of September, and a shawl on the 8th of August—I produce the linen—he said it was his property.
Cross-examined by MR. PAYNE. Q. How long was he with you? A. Perhaps ten minutes or a quarter of an hour—I had seen him before, and am certain of him.
MR. READ re-examined. This linen is my property—I know it by the mark on it, AR—the prisoner had access to it—he slept in the shop—the shop-mark is partly rubbed out—I know this letter to be the prisoner's hand-writing—(read)—"To Mr. Read, Draper—Dear Sir, I would not have you think for one moment that I address you on the present occasion for pardon for my past act of felony committed by me on your premises-it is to announce to you that it is my intention to make a true and can did confession of every thing I have taken from you, when I appear before the Magistrate to-morrow at Hatton-garden. I have been in prison a fortnight to-day, and have made up my mind to undergo what punishment is inflicted, as I have been such a guilty wretch I would not plead for pardon, but hope when you come you will be as calm as you can with me. When I wrote you the letter I had made up my mind to drown myself, but my conscience smote me and would not let me do it; had I done that awful crime I should have been plunged into perdition. I have to ask you one favour, that you will not mention me to the young men, as I could not see one of them. I hope this will enable you to hear what I have to say with calmness. I mean to confess every thing—I would not omit one thing to save my neck from the halter.
Cross-examined. Q. How long had the prisoner been with you? A.
Ten months—he came from his uncle who he had lived with me three years—his uncle is a watchmaker—he left him from defective sight—his uncle gave him a most excellent character, and his friends are very respectable.
—DUKE. I was present at the prisoner's examination. I put my name to this statement as a witness—(read in part)—"The prisoner states there were three pieces of linen—the first piece Mr. Smith took in pawn,"
GUILTY . Aged 18.—Recommended to mercy.
Transported for Seven Years.
(There was another indictment against the prisoner.)
Before Mr. Justice Park.
98. MICHAEL NUGENT and GEORGE KAIN, alias Jackson, were indicted for that they, on the 3rd of November, at Ratcliffe, feloniously did threaten one Francis Harrison to accuse him of the abominable crime of b----, with a view and intent in so doing to extort and gain from, him certain of his monies and property; and by intimidating him by the said threat did unlawfully and feloniously extort and gain from him 7s. and 6d., his monies.—2nd COUNT, for threatening to accuse him of attempting and endeavouring to commit the said crime.
MESSRS. CLARKSON and BALLANTINE conducted the Prosecution.
FRANCIS HARRISON . I am a watchmaker and jeweller, and live in Broad-street, Ratcliffe. On Friday, the 3rd of November, about twelve o'clock in the day, I was in Schoolhouse-lane—I had fetched a clock from a customer, and had it with me—the prisoner Kain came up to me—I turned round, and saw Nugent with him—they were together—Kain said to me, "Don't you know me?"—I said, "No"—he said, "You must recollect me from what took place last night"—I said, "No, what was it about?"—he said, "You must recollect"—he said that I had indecently used him—he said, "You took hold of my person"—he did not mention what part of his person—I told him he was mistaken, and to go about his business—he said he was not mistaken, I was the man—and he said, "Give me some money, or I will expose you"—Nugent was close to him during this—I walked on—he said that the one who was with him was his witness—Nugent must have heard that—I walked on toward my house, which was about two hundred yards, or more than that—they continued to follow me, but I did not look round—they followed me to the bottom of the lane, and then Kain said, "Come, come, stop"—I stopped, and asked him what he wanted—he said, "You have used me in a s----way" and asked again for money—I told him to come on to my house, and explain—he said, "No—I am as b----wide awake as you"—I walked on till I got to my house—they continued to follow me—I went in doors—I called my wife into the shop—they must have heard me call her—she was close to the shop in the passage—the front door of the shop opens into the street—the prisoners did not go into the shop, they stopped at the door, but I opened the glass door, and told them to come in, and they both came in to the outer door—I then asked them what they wanted with me—Kain said he wanted money—he said, "Give me some money, and we will say nothing about it—if you do not, we will expose you and punish you"—my wife asked them what they wanted the money for—I repeated to her, that they had accused me of an indecent assault, and wanted money for it—I refused to give them any money—they frequently said they would not go away without they had some money—Kain said that Nugent was his witness—he said that loud enough for Nugent to hear—my wife appeared
to be very much flurried, and said in their hearing, that she wished me to give them money to get rid of them—I refused at first to do so, but seeing her state of mind, and being much agitated myself, I said, "Give them some," and she gave them 8s.—I directed her to do so, in consequence of the threat that had been used—after she gave them the money, she said, had they not better give a receipt, or they would come again, addressing herself to them—Kain said, "Yes, we will give a receipt"—I think my wife gave the money to Nugent, but they both stood close together—I was very much intimidated by the accusation, before I directed her to give them the money—I wrote the receipt—this is it (looking at it)—my wife put a slip of paper into my hand—I said, "What am I to write? "—Kain said, "Clear of all charges"—I asked him his name—he said George Jackson—I then wrote the receipt and gave it to Kain—he handed it to Nugent, who looked at it, and signed it on the left-hand corner—he then returned it to Kain, and said, "Make a mark," and Kain made a mark—I wrote this "George Jackson"—that was the name he gave me—this is the paper—(read) "Nov. 2, 1837, "George Jackson received 8s. and begs pardon for this unfounded charge. George Jackson, ✗ his mark, and Nugent"—after this, my wife said, "You will not come again?"—Kain said, "This is clear of all charges "—just at this time my servant, Elizabeth Lowitt, came in—next morning before twelve o'clock, I went to the Thames police-office, and got a warrant—about six o'clock in the evening I had a policeman at my house—I saw the two prisoners at the shop window—I went round directly and opened the door—Kain said, "A'ynt you going to give us something?"—I asked them both to come in, and they did so, after some hesitation—I then closed the door, and Ellis the constable, directly took them into custody—he tied each of their arms together, and Kain said to me, "This is as close as we were under the bridge"—I never had any communication with the prisoners in my life, until they attacked me the day before in the street—I never gave either of them a watch—I have three children, the youngest is six months old to-morrow—I have lived in my present house since 1823, and within a few doors of there since 1818.
Kain. He gave us a watch. Witness, I did not.
Cross-examined by MR. PAYNE. Q. After they got home to your house, did both you and your wife refuse to give them any money? A. We both refused at first—they said they would not go out till we did give them some money—Nugent made no reply, when Kain said he was his witness—my wife was very much flurried, and said we had better give them some money, and get rid of the fellows—I said, "No, we cannot give them any money"—I wrote the receipt out of my own head—I put in the words "apologise for this unfounded charge," out of my own head—I was afraid from what they had said, that they would make the charge against me.
Q. On your oath, was it not because your wife was fluried that you gave them the money, and not from any real fear that a charge would be made against you? A. It was from fear in my own mind as well—we were both very much flurried, and I was flurried in the street—I objected to give them money in the first instance, knowing they were trying to rob me—I certainly continued to object for some time, but I was nearly as anxious as. my wife to get rid of them, my flurry was so great—I refused to give it them at first, as I thought they would perhaps go away when they found me obstinate—Kain appeared the principal person—he spoke the whole time—all that I heard Nugent say was, "Make a mark," and he wrote his name first.
COURT. Q. Were you alarmed at the whole transaction?—were you in fear of their making the charge? A. I was very much alarmed—I would not have parted with the money, but through fear.
GEORGE ELLIS . I am a constable of the Thames police. In consequence of Mr. Harrison having come and made a complaint at the office, on Saturday, the 4th of November, I received a warrant to apprehend the prisoners, and went to the prosecutor's house with it, about four o'clock—I remained there till six o'clock, at which time the prisoners came—I asked what they wanted with that gentleman, pointing to Mr. Harrison, who was behind his counter—Kain said, "He knows very well what we want; we have come for some money"—I immediately took them into custody, and fastened them together—on my doing so Kain turned round to Mr. Harrison, and said, "This is as close as we were when we were under the bridge"—I conveyed them to the station-house, and on the way there Kain said, "Oh, Harrison is a guilty man, or else what made him give us the money and watch"—I asked Kain how much money—he said, "8s., and we have given a receipt for it"—this was said in Nugent's hearing—they were fastened together at the time—I asked Kain how long ago it was since he first saw Mr. Harrison—he said, "About three weeks ago, in the Ben Jonson's Fields"—he said that Mr. Harrison came up to him, and said he wanted * * *—he then said, "I went under the bridge with him"—he did not say when—he said it was three weeks ago when he first saw him—he said he went under the bridge, and there Harrison * * *—I said, "Did Harrison give you any thing?"—he said no, bat Mr. Harrison was going to charge him with a robbery, and he turned round and ran away—he said, "I have never seen him till last Friday, and here is my witness"—I asked Nugent what he saw of the case-he said he followed them over the fields, and saw them go under the arch of the bridge together * * *—they neither of them said what day or week this was—I did not ask them to fix the day.
Cross-examined. Q. Did the statement of what occurred under the bridge immediately follow his saying it was about three weeks ago that he first saw him? A. Yes it did—I said nothing more to them when I first went into the shop than "What do you want with this gentleman"—they were inclined to be very impudent, and to make use of foul language, and there being females in the shop 1 told them to be quiet—I was dressed as I am now, not as a policeman—I belong to the Thames police—I had never seen them before—I have no doubt they knew I was an officer by living in the neighbourhood.
COURT to- MR. HARRISON. Q. Did you ever meet these men in Ben Jonson's Fields? A. Never—I never gave either of them any watch, or any money, except the 8s. I have mentioned—I never went up to Kain in Ben Jonson's Fields, and say what has been represented—I never went under a bridge with either of them—there is not one word of truth in all they told the officer.
ISABELLA HARRISON . I am the prosecutor's wife. On Friday the 3rd of November, about twelve o'clock, I was at home—my husband came into the passage to me, and I went into the shop—the two prisoners came in by my husband's desire, and my husband said they had charged him with having committed an indecent assault, and that they wanted money from him—I gave them some by his desire—we were both very much frightened, and I said, "You had better get rid of them "—he walked up and down the shop, knocking his hands, and said, "Get rid of them, get rid of
them, we must get rid of them "—I then suggested something about a receipt, and the receipt was given—I did not see them again till Ellis took them into custody.
Cross-examined. Q. Did you at first say you had no money? A. Yes—I said, "I have no money, what am I to do?"—I got the money off the table—I said I had none, as I did not wish to give them any—my husband said there was no occasion for a receipt from such fellows.
ELIZABETH LOWTIT . I am in the prosecutor's service. On Friday, the 3rd of November, I had been for a walk, and came in with the children about one o'clock—I saw the prisoners coming out of the shop door—on the following day master went before the Magistrate, and while he was gone the prisoners both came to the house—I opened the door to them—they asked if Mr. Harrison was in—I told them he was not, and asked them what they wanted with Mr. Harrison—they said that was their business, and not mine—they said they were not going to be put off in that way—I told them to come again at four o'clock, and they did so—Mr. Harrison was not at home then—I told them to come again at six o'clock—they did so, and were taken into custody.
MARY ROLLINSON . I am the wife of Henry Rollinson, who keeps dairy in Brook-street, Ratcliff, opposite School-house-lane. On a Friday morning Mr. Harrison came to my house for a clock—it was half-past eleven o'clock when he went away—our house is three or four minutes' walk from his—I believe it was the 3rd of November—after he had been gone Kain came into our shop alone—I had seen both the prisoners before he came in by the dead wall, opposite my house, just before Mr. Harrison came for the clock—when Kain came, he asked me who that gentleman was who had just gone out—I told him he was a clock-maker, and lived in Broad-street, and told him his name—Kain then went out, and joined Nugent—they appeared to talk together, and then ran down School-house-lane.
MARTHA DOUGHTY . I am the mother of Mrs. Harrison, and live in their house. Mr. Harrison keeps very good hours—he is a very regular man—I remember his going out to supper on the 24th of October last, to Mr. Ruston's—with that exception, I have not known him out so late as eleven o'clock, for three weeks before this transaction—I can say so for six months, and more than that before—he is a very regular living man, good husband, and a good father—he was very regular in his hours while his wife was lying in, about six months before—I think he left home about eight o'clock the night he went to sup at Mr. Ruston's.
JOSEPH RUSTON . I keep the Anchor and Hope Tavern, in High-street, Wapping. On Tuesday, the 24th of October, the prosecutor came to my house, a few minutes after eight o'clock—my house is about a quarter of an hour's walk from his—he left about five minutes after twelve o'clock—I know Ben Jonson's Fields—that is about two miles or two miles and half from my house.
ELIZABETH WORTLEY . I have been lodging in Mr. Harrison's house for ten weeks last Monday. I remember his going to sup at Mr. Ruston's, on the 24th of October, about eight o'clock, and I heard him come in about twenty minutes or half-past twelve o'clock—with the exception of that one night, he has never been out after dusk since I have been there, to my knowledge—he is a regular attentive man to his family.
Kain's Defence. It is impossible for a lodger to tell what time a man comes in—I said nothing about its being last night when I met him—it
was about three weeks back that it occurred—I met him at Ratcliff-cross—I lived at a fishmonger's, in the highway—I and this young man were coming home, and met the prosecutor in Ratcliffe-highway, and then the question he put to me was, "I want ****
NUGENT— GUILTY . Aged 18.
KAIN— GUILTY . Aged 17.
On the first Count— Transported for Life.
Third Jury, before Mr. Recorder.
99. ROBERT GIBSON was indicted for stealing, on the 28th of July, 14 spoons, value 6l. 10s.; 14 forks, value 7l. 10s.; 2 ladles, value 1l. 10s.; and 1 cheese-knife, value 7s.; the goods of Kezia Parkes, his mistress, in her dwelling-house; to which he pleaded
GUILTY. Aged 42.—Recommended to mercy.
Confined Eighteen Months.
100. WILLIAM PARKES was indicted for stealing, on the 12th of November, 2 watches, value 5l.; 1 watch-chain, value 4s.; 1 watch-key, value 1d.; 1 seal and key, value 5s.; 2 split-rings, value 4s.; 7 sovereigns, 1 half-sovereign; and 4 half-crowns; the goods and monies of Margaret Parkes, in her dwelling-house.
MARGARET PARKES . I am a widow, and live in Park-street, Dorset-square, in the parish of St. Marylebone. The prisoner is my son—I live and sleep in the kitchen, and let the rest of the house,—the prisoner left the house about six o'clock on Sunday evening, the 12th of November—on the following day I went to my drawer for some money, and missed seven sovereigns and a half, four half-crowns, and two watches, worth between 3l. and 4l.—they were safe, with the money, on the Sunday morning—I have since seen the watch-chain, two rings, gold key, and seal, in the hands of the policeman—they were part of the property I lost at the time.
JOHN GRIMSBY . I am a mason, and live at Ealing, On the night of the 20th of November, I went, in company with other persons, in search of the prisoner, and found him at the Star and Crown public-house, Broadway, Westminster, about half-past twelve o'clock at night—I said, William, how came you to rob your mother of the watches, and seven sovereigns and a half, and some silver?"—he said "I did it, and am very sorry for it; I don't know what could possess me to do it"—I brought him out to the police-sergeant, and one watch' and some silver were found on him—I know the watch to have been his father's.
HRNRY JAMES PITT (police-sergeant D 18.) I went with Grimsby to the public-house—the prisoner was brought out to me—I told him he was in my custody, for stealing seven sovereigns and a half and' some silver, two watches, and a gold key—he said, "I have stolen the seven sovereigns and a half, but I only stole one watch."
MARGARET PARKES re-examined. This is my watch, chain and key—the prisoner clothed himself with part of the money—he always bore a good character till this occurred—I had no complaint to make against him before—he has not been in a situation for half a year, and I have supported him—his health has not been good lately.
GUILTY . Aged 18.— Confined Twelve Months; One Month Solitary.
RICHARD SHORTLAND . I am a butcher, and live in Brewer-street, Somers'-town. On the morning of the 8th of November, James Hartwell came to my shop with this paper in his hand, signed James Carpenter, which is the name of my landlord—in consequence of which I delivered to Hartwell a shoulder of mutton, believing it came from my landlord—he came three times with similar orders, and I supplied the articles he applied for, believing I was supplying my landlord.
JAMES HARTWELL . I received this paper from the prisoner—he told me to take it to the butcher's in Brewer-street—I took it, and received the meat—I can read—I knew it was not sent for by the person whose name was to it, but I thought it was right—I was not aware that it was wrong—the prisoner was well enough to have gone with it himself—he merely told me to take it to the butcher's in Brewer-street, and I should have the meat—he did not say why he did not go himself—he told me to say that Mr. Carpenter was not well—the prisoner was well enough, but I thought it was right, as the butcher gave me the meat.
JAMES CARPENTER . I am the prisoner's brother. The paper produced is not signed by me, it is not my hand writing, nor was it written by my authority or knowledge—I never gave the prisoner authority to sign my name, or send for meat in my name—I know his hand-writing, and believe this to be his—(read)— "Exmouth-street, 8th. November, Sir, please to send me a small shoulder of mutton, with a bill of the weight. Yours, JAMES CARPENTER ."
(The prisoner pleaded poverty—he received a good character.)
GUILTY . Aged 41.—Recommended to mercy.— Confined Two Years.
(There were two other indictments against the prisoner.)
102. ROBERT SCOLTOCK was indicted for feloniously breaking and entering the counting-house of Walter Frederick Wingrove, on the 21st of February, at St. Pancras, and stealing therein, 3 coats, value 17s.; 2 shirts, value 12s.; 3 collars, value 1s.; and 1 pair of trowsers, value 10s.; the goods of Samuel Golby Puddy.
SAMUEL GOLBY PUDDY . I am clerk to Walter Frederick Wingrove, and live in Cumberland-market, in the parish of St. Pancras. He has a counting-house next door, on the ground floor of a dwelling-house, but having no communication with the house—on the 20th of February, I left the counting-house about half-past six o'clock—I went there again about nine o'clock, and all was safe then—there is a passage from the outer door to an inner door of the counting-house—the outer door was fastened by an outer lock, and the inner one by one of Chubb's patent locks, and could not be opened outside without a key—between the two doors is a small window which was fastened by a button—at nine o'clock both the doors were shut, and the outer one double locked—next morning I found the outer door single locked, the other door quite open, and the button broken off the window—the gas had been turned on, and left partly on, but there was no light—my property is worth 4l.—it was all safe the night before.
JOHN RODERICK (police-constable S 130.) In consequence of information, I went to the prisoner's lodging about three days after the robbery, in February—I did not see him, and never saw him afterwards till he was in custody at Hatton-garden, seven or eight weeks ago—I took him into custody in the House of Correction, in October, where he had been six weeks
Cross-examined by MR. DOANE Q. How do you know the coat? A. By a hole in the right-hand pocket, where I used to put my cash in—it has been sown up again, and a band has been taken off here—I know it is mine by a hole also in the bottom, which I cut to get the money out—I had had it about four months.
MR. DOANE called
GEORGE SMITH . I am a shoemaker, and live in Chester-mews, Regent's-park. I have known the prisoner six years—I was with Him in Petticoat-lane when he purchased a coat, last April twelve months—he bought it at a stand in the lane, of a Jew for 22s.—he was a little dark man, and had a black bag with him—he paid a half-sovereign and 12s. in silver—the man asked 28s. but took 22s.—I have borrowed the coat several times of the prisoner and worn it—I cannot swear that this is the coat, but I believe it is—it corresponds in every respect.
COURT. Q. Is there a hole in it? A. There is a hole in it—I dropped some money in and cut the lining to get it out, and Mrs. Masters sewed it up—the hole is in the coat pocket—I had several halfpence there, which got down into the lining—there was no other hole in the coat to my knowledge—no tear in it—I cannot tell whether the hole was in the right or left pocket.
JAMES SCOLTOCK . I am the prisoner's brother. I was with Smith when the prisoner bought a coat like this—(it is full eighteen month ago,) in Petticoat-lane—this is the coat he bought, to the best of my belief—he gave 22s. for it—he bought it at a stand of a short dark man, who I should take for a Jew—he had a black bag with him—that is all I know—this is the coat I firmly believe—I know it by the button-holes being mended—I have seen his wife mend them, nearly twelve months ago.
MART ANN MASTERS . My husband is an artist, and lives in Galway-street, Bath-street. I am no relation of the prisoner—I know this coat—I have seen the prisoner wear it—I mended it for George Smith—here is my mending to it in the pocket, as he had dropped his money through it into the lining—that was in January.
COURT. Q. Are you sure it was not in February? A. No, nor March—I do not know that I have seen the coat since the second Sunday in January—I did not know it was the same coat till I saw it—my work is done with cotton in the lining of the pocket—some was black and some white—I had not sufficient of one sort—I saw the prisoner wear it the second Sunday in January at my house—it was sewn before that—Smith told me had borrowed the coat, and I noticed it when the prisoner had it on—I do not remember seeing the prisoner since the second Sunday in January.
person in the Borough, named Brown—I did not know the hole was in the coat when I lost it it had not been mended—there was a tear in the coat I lost like this—this is my coat—I can swear to it—it was not lost till between the 20th and 21st of February—it could not have been mended by any one in January—I have tried it on—they have had the buttons taken of and fresh ones put on—the officer recognised the coat on the prisoner's back from the description I had given of it—I know it to be my coat wore it from the time I had it till February—I used the hole to put the money into the pocket, as I was at a coal wharf, and the weather was very cold at the time—the prisoner heard me state that before the Magistrate—I swear to it by the hole in the pocket, and being sewn up, and by the band—there is an appearance of the band's having been removed, and the very bands that belong to it were found in the pocket of it—I have not the smallest hesitation in speaking to it as the coat I wore up to the 20th of February.
MRS. MASTERS re-examined. I do not know how Smith happened to borrow the coat, only he was an intimate friend of the prisoner's—I have seen him wear it repeatedly—they did not change coats—Smith did not lend the prisoner any coat, to my knowledge.
NOT GUILTY .
PAUL JOHN KING . I am clerk to an attorney, and live in Rutland-street, Hampstead-road. On the afternoon of the 20th of November, I was in St. James's-park—a constable requested me to look round, and I saw Johnson struggling in a crowd with a constable—Johnson had a white handkerchief in his hand, which I identified as mine.
Cross-examined by MR. PAYNE. Q. What was going on in the Park? A. The Queen was returning from the Parliament House—Johnson was immediately behind me—I distinctly saw the handkerchief in his hand, and part of it in the constable's hand—each of them had hold of it—I immediately caught hold of it myself, and identified it—there was nobody between me and the prisoner when I turned round.
Cross-examined. Q. How far were you from Johnson? A. Directly behind him—I was in a private dress—I laid hold of him as he took it out of the pocket—he had no chance of throwing it away, for I caught hold of it as he took it out.
EDWARD LANGLEY (police-constable A 11.) I was in St. James's-park—I had seen the prisoners together previously in Parliament-street, noticing person's pockets as they passed, making motions to each other, and pointing to people's pockets—I suspected and watched them into St. James's-park—they were both behind the prosecutor, close together—I afterwards saw Webb seize hold of Johnson—Haslam directly drew himself back, and made his way out of the crowd—I laid hold of him—I believe he was near enough to see what Johnson did—I had seen them in Parliament-street not three minutes before, and saw them twice stop to try to get up to two individuals, but the crowd being so great they ran on—they went up to the prosecutor, and were not there a second before the constable took Johnson.
Cross-examined by MR. DOANE. Q. Were not you yourself noticing persons' pockets? A. Not putting my hand towards them—they pointed to people's pockets, making a signal which they seemed to understand—they stopped, and when they found they could not get to the gentleman, they went on along with the procession—they both went together—sometimes Johnson was first, and sometimes they were both together—Johnson went into the crowd to the prosecutor, and Haslam went after him, and was going close to him behind when he was taken.
(Property produced, and sworn to.)
(The prisoners received good characters.)
JOHNSON— GUILTY . Aged 19.— Confined Three Months.
HASLAM— NOT GUILTY .
CHARLES SCOTT . I am shopman to James Burroughs, a draper in Whitechapel. On the evening of the 23rd of October, I heard a noise at the door—I had some flannel on a bar in the lobby—I went and missed a roll of about 40 yards—I had seen it safe about five minutes before.
THOMAS LOCKYER . On the 23rd of October I was in the prosecutor's shop, and saw the prisoner in company with another girl—I saw the prisoner take something out of the shop-door, and hand it to the other, and I both went away—the prisoner gave me a shove, and said, "You b----, get out of the way"—I afterwards ran into Osborne-street with the shop-man, and found her coming out of a coffee-shop, and she was secured.
WILLIAM BURNS . I am waiter at the Flying Horse, in Lambeth-street. On the 23rd of November, about a quarter before six o'clock, I saw the prisoner at Mr. Fleming's, the pawnbroker's, in High-street, Whitechapel—I afterwards went down the street towards Mr. Burroughs, and saw the prisoner in company with another female—the prisoner was carrying something bulky under her clothes—they turned round Church-lane—I followed them, and saw the prisoner drop it from under her clothes—a cab went by—they called the caiman, who stopped—I met a policeman at the corner, and brought him, but when we came back, the cab was gone—we could not overtake it—I afterwards found the prisoner in Osborne-street—the flannel was not found.
Prisoner. It is false—I dropped nothing—I had not sufficient strength to lift such a load—I had only been out of the hospital five days from a fever—when taken into custody I was not the least agitated or confused—Should I have been so close to the shop if I was guilty?—I used to have my tea at the coffee-shop—the person could tell I was not there but once, and they say I was in there twice that evening—if I gave the flannel to the other girl, how could I drop it myself.
WILLIAM JAMES . I am apprentice to Mr. Dredge, a printer, in Whitechapel. I was in the Russel Coffee-house, Osborne-street, at tea. on the 23rd of October, and saw the prisoner there with another young woman, who had a roll of flannel concealed under her clothes—I saw her take it from under her clothes—the prisoner went to the door, and said to the other girl, It is all right, the shop is full now;" and both went out with the flannel—about five minutes after, the prisoner came in again, and sat down in a box, and had some coffee—I went out, to go to work, and in Church-lane there was a mob—I heard them talking about flannel—I got a policeman to go with
me, and the prisoner was coming out of the coffee-shop, Lockyer said "That is the girl," and she was taken.
Prisoner. Q. Was I at all confused or agitated when I came out? A. She was coming out in a hurry—when I told her she was my prisoner, the began to cry, and asked what for—I did not see her with any flannel—I found nothing on her.
Prisoner's Defence. I am taken for a different person altogether—I know nothing of the concern; but at Clerkenwell I was told there went two girls suspected of it in Wentworth-street, but I know nothing of the girls at all—I was told that the girl who had it had a bonnet like mine.
GUILTY . * Aged 18.— Judgment Respited.
NEW COURT.—Friday, December 1st, 1837.
Sixth Jury, before Mr. Common Sergeant.
105. WILLIAM NUTT was indicted for, stealing, on the 6th of November, 1 handkerchief, value 4s. 6d.; 1 sheet, value 4s. 6d.; and 1 table-cloth, value 1s., 6d.; the goods of Michael Hughes: also, on the 10th of November, 1 jacket, value 12s.; the goods of Joseph Barnett and another; to both of which he pleaded
GUILTY . Aged 21.— Confined Six Months.
JOHN ROBINSON . I am shopman to Joseph Savory and Albert Savory, silversmiths, in Cornhill. The prisoner was a porter in their employ, and had been so about a week—on Saturday last an officer came to our home, and searched the prisoner, and found on him a ticket of some spoons—Mr. George Attenborough was outside the door—he was called in, and produced the spoons—they belong to Joseph and Albert Savory.
Prisoner. I should have redeemed them with the first quarter's wages.
(The prisoner received a good character.)
GUILTY . Aged 26.— Confined Six Months.
SUSANNAH WICKS . I am single, and live in East-street, with my cousin. The prisoner was servant in the house—on Sunday evening, the 20th of November, I put my purse, containing a sovereign, on my table in the bed-room—the prisoner slept with me—when I got up in the morning my purse was gone—the prisoner was there—her master and mistress had been in the room—she went away that evening, and did not return—I went to her with the officer—I did not hear what she said, but I saw her give the purse up—the sovereign was gone.
"You know what I want you for"—she said she did not—I said, "You are charged with stealing a purse and sovereign, you must go to the station-house"—she said, "It is no use my telling a lie"—she took the purse out of her bosom, and told me she had bought a pair of boots out of the money for 5s. 6d., and this shawl was 7s.—there was 2s. 6d. in the purse, and 5s. she had spent at the play.
Prisoner. I found the purse between the two kitchens, as I was going from the bed-room, and I intended to give it to her again.
GUILTY . Aged 18.— Confined Six Months.
108. RICHARD MARTIN was indicted for stealing, on the 15th of November, 1 watch, value 1l. 10s.; 1 watch-chain, value 1s.; 2 watch-keys, value 6d.; 1 pair of boots, value 10s.; 1 waistcoat, value 4s.; 1 handkerchief, value 6d.; 1 towel, value 1d.; and 2 handkerchiefs, value 7d.; the goods of George Edgley.
GEORGE EDGLEY . I am cow-man to Mrs. Wetherall, and sleep over her cow-house. I had a watch and chain, two keys, a pair of boots, and these other things, on the 15th of November—I saw them safe when I got up, at half-past three o'clock in the morning, and left these things safe in the loft above the cow-house—I returned home a little before seven o'clock, and they were all gone—the gates are left undone in the morning, when we go out—I did not know the prisoner—this is all my property.
MARY WETHERALL . I am a widow, and live at No. 11, Little Marylebone-street, and am a cow-keeper—the prosecutor is my cow-man I know the prisoner—he came once to work on my premises while a man was ill—on this morning, the 15th of November, I saw him come out of my gates, at half-past six o'clock, with a bundle—I ran out after him, round the next street, and cried" Stop thief"—a boy that is here ran after him, and he was overtaken, and the bundle brought back—I asked him what made him do it—he said he wanted to be transported.
JAMES COLE . I live in Great Chesterfield-street. I heard the cry of" Stop thief," and saw the prisoner running—I ran, and he dropped this pair of boots—I did not pick them up, but followed him to Great Marylebone-street—there he dropped the handkerchief, towel, and waistcoat—I picked them up—I still ran on, and between Marylebone-street and Wimpole-street a policeman caught him—in our return the policeman picked up the boots—the watchman picked up the watch in Westmoreland-street.
Prisoner. I was in distress.
GUILTY . * Aged 19.— Transported for Seven Years.
109. GEORGE WATERS and ELLEN WATERS his wife, were indicted for stealing, on the 19th of November, 11 pairs of trowsers, value 4l. 6s.; 1 pair of breeches, value 8s.; 8 waistcoats, value 1l. 14s.; 5 jackets, value 1l. 2s.; 17 shirts, value 1l. 16s.; 7 pairs of stockings, value 7s.; 1 other stocking, value 6d.; 2 tea-pots, value 3s.; 18 knives, value 6s.; 18 forks, value 3s.; 1 candlestick, value 1s. 6d.; 1 pocket writing-case, value 4s.; 9 pairs of snuffers, value 9s.; 1 ink-stand, value 1s.; 1 hatchet, value 6d.; 1 brush, value 1s.; 15 chimney ornaments, value 12s.; 1 tea-caddy, value 1s. 6d.; 2 glass tumblers, value 18s.; 6 wine-glasses, value 4s.; 1 goblet, value 1s.; 6 salt-cellars, value 6s.; 2 sugar-basons, value 4s.; 1 plate, value 1s.; 6d.; 1 egg-cup, value 3d.; 2 kaleidoscopes, value 1s.; 4 mustard-pots, value 4s.; 1 pepper-castor, value 9d. 6 shells, value 3s.; 1 work-box, value 3s.; 28 spoons, value 10s.; 1 apron, value 2s.; 1 printed book, value 6d.; and 1 scent-bottle, value 1s. 6d.; the goods of Robert Giles.
ROBERT GILES . I am a general salesman, and keep a shop at No. 49, Hedge-row, Islington. On Tuesday, the 19th of November, about half-past ten o'clock in the morning, I was looking through a hole which I made in my window, which separates my kitchen from the prisoner's parlour—they live next door to me—(the window was painted, and I rubbed a bit off to look through)—I saw a goblet which belonged to me, and which I had missed on the Sunday—the policeman and I then went into the prisoner's house, and there I found numerous articles belonging to me; there were eleven pairs of trowsers, a pair of breeches, eight waistcoats, and a quantity of articles—they are here now—I saw the female prisoner, and told her I understood there was a trap-door communicating from their house to mine, I wished to see it—she asked us to walk up stairs, and showed a place which she said she believed to be the place—the policeman then said he wished to see her boxes and drawers, and in every box and drawer I found something belonging to me—I found a quantity of glass in a glass case of hers—I believe they are man and wife—some of these boxes were locked—I think she took the keys from her pocket—I could not speak positively to that—shortly after the male prisoner came in—the policeman made some remark to him, and told him he was in custody, and that it was an unfortunate thing for him—he made no particular answer—the policeman showed him some articles that were found—I went into the yard, and found some baskets, and there was a number of articles in two of them belonging to me—I did not go through the trap-door—it communicates with my house—I can lift up the trap in my kitchen—it communicates from there to their bed-room—I did not know of it before—I have been there about twelve months, and have been losing property all the time.
Cross-examined by MR. DOANE. Q. Do you know how long this man has been there? A. I believe six or seven years—I know he carries goods about in a van—he has occasion to be from home frequently, and when at home he has to attend the horse in the stable there—three pairs of snuffers I missed on Sunday week—they have each my mark inside them—when I sell them I remove this bit of card—the other things I missed at various times—I went to this house on the Tuesday following after the Sunday—we had not completed the search when the man came in—these snuffers were in one of the baskets found in the yard—I have nobody in partnership with me—I missed several of these things on the Sunday, but some I missed ten or eleven months ago—here is another work-box that I found between the rafters—I missed that on Sunday too—the man might not have seen the things—he could not go into the bed-room without seeing the glass-case which contained a quantity of glasses of mine—he might not have known that the bulk of the property was in the house.
COURT. Q. What did the woman say? A. She said, when we first went in, "What does Mr. Giles expect to find here?"—I found a shirt afterwards, between the bed and the matting, that their boy had been wearing—that was after the prisoners were in custody—the property was quite concealed—the two baskets were among twenty or thirty others, piled up
in the yard—this goblet was on the mantel-piece—all these quantity of things, these mustard-pots and glasses, were in the glass-case—any body going to bed must have seen them—it had been a book-case, I believe, land had a glass front to it—I do not know who lived in the house before me.
HENRY ALLEN (police-constable N 250.) I went with the prosecutor, through the prisoner's house, and helped to take this property—I told the female prisoner we wanted to see a trap-door leading to the prosecutor's—she appeared very confused, and went up stairs, and said she believed it was under the bed, and while I was doing that, Mr. Giles went to the glass-case—I told the female prisoner I should take her into custody—she produced some keys—I do not recollect where from, and opened the drawers—we found a teapot and some things in I believe every box and drawer—this box was between the roof and the ceiling—the man came in, and I told him he must consider himself in my custody—he appeared confused, and made little or no answer—he said be knew nothing. at all about it—a Mr. Hingston lived in the prosecutor's house before him, and be is a prosecutor here to day in another case.
(James Burt, a fishmonger, gave George Waters a good character.)
GEORGE WATERS— GUILTY. Aged 49.—Recommended to mercy by the Prosecutor.
ELLEN WATERS— GUILTY . Aged 35.
110. GEORGE WATERS and ELLEN WATERS , his wife, were again indicted for stealing, on the 18th of December, 2 trays, value 3s.; 1 candlestick, value 2s.; 2 book-shelves, value 1s.; 1 pack of cards, value 6d.; 1 set of fire-irons, value 8s.; 1 flute, value 1s.; 2 goblets, value 1s. and 1 reflector, value 1s.; the goods of Frederick Hingston.
FREDERICK HINOSTON . I live at No. 23, Chapman-street, Liverpool-road. I did live at the adjoining house to the prisoners, and left it on the 13th of last December—I had been there four years—I knew there was a trap-door there—it was originally made for a ladder to lead to an upper attic, and when the person that had it made left, it was fastened down, as I supposed—I lost some articles of value—I lost money from my till between Saturday and Monday—I lost 5l. 6s. on one occasion—on the day I moved I employed the male prisoner to assist—one day I went with a candlestick and candle into the house, and when I came out I missed it—I spoke to the female prisoner, who was at the door,—she said she saw nothing of it, but she saw two boys, and drove them away—these book-shelves I lost from my door—this reflector was taken from a drawer in my parlour, and this flute was found at their house, and this pack of cards—they bought one flute of me, but that is at their house now—this is all my property.
Cross-examined by MR. DOANE. Q. The candlestick was taken when the man was not at home? A. Yes—this candlestick I found at their house—some of the things were at my door—the tea-trays were, and they may have gone the same way as the candlesticks did.
JOHN COLLINS (police-sergeant N 24.) I found this flute behind the door in the top room, and this pack of cards in a box behind the door, and this set of fire-irons were behind the box, and two book-shelves in the same room, lying in one corner of the top room, which is the boy's bed-room.
MR. DOANE called
RICHARD HINGSTON . I am the prosecutor's brother. I have seen these two tea-trays—I believe I sold the larger one myself about two years ago—I believe it was to the male prisoner for 3s. 6d. or 4s.—it has my mart on the back of it.
FREDERICK HINGSTON re-examined. I cannot say when I had seen these trays before—I had not seen them for some time since—this small tray has not been sold—it has my mark upon it—the other my brother may have sold—he had the care of my shop when I was out—I had not missed any of these things but the candlestick.
George Waters. I picked up the reflector in the yard.
Ellen Waters. My husband knew nothing of it whatever—what ever is wrong he knows nothing about it—he asked me about the good, and I said I bought them—he was ill four months in the country.
(Richard Perkins, an upholsterer, gave George Waters a good character.)
GEORGE WATERS— GUILTY . Aged 49.
ELLEN WATERS— GUILTY . Aged 35.
Transported for Seven Years.
HANNAH JONES . I am a widow, and live at No. 8, Park-street, Dorset-square. On Saturday morning, the 11th of November, the prisoner came to my house for a lodging-room—I took him up stairs—he looked at the apartment, and I agreed to let him have it—he found fault with the ceiling, and said that it wanted whitewashing—he said as he was in the trade he would do it for half a crown and leave half of it as a deposit, I said, "Very well"—he said he should wish to come in on Monday, and he would do it that day, I said, "Very well"—he said he would come again in two or three hours, which he did, about half-past two o'clock—he brought his pail and things, and washed it—he came down to me and asked for 1s. 6d., which I gave him—I went down stairs to wash my hands and heard the street door go—that roused my suspicions—I went up stairs and asked my little girl if the man was gone, she said she did not know—I ran up stairs and looked into my drawer, and missed three sovereigns and two rings from the same drawer—it was not in the same room as he was in—I went out into the street and could not find him—I sent for the policeman.
Cross-examined by MR. DOANE. Q. Soon after he was gone, and you missed the things, did not his wife come, and bring back the three sovereigns, and the two gold rings? A. Yes, she did, within half an hour—the policeman was in my house at the time—I have made inquiry, and find they are in a most miserable state, and his wife was in a most distressed state of mind—I should not have been here had I not spoken to the policeman.
was there the prisoner's wife came in—she brought the money and rings, and she gave them to me—I then went and took the prisoner—the prosecutrix did not then say that she did not want to prosecute—I went and took the prisoner—he said he took the three sovereigns and the two rings.
NOT GUILTY .
ANN PIKE . I am single, and live at No. 3, Peartree-street, Westminster—I am an unfortunate girl. About half-past two on the morning of the 24th of September I met the prisoner in St. Martin's-lane—he said he wanted a night's lodging, and I hesitated, but a young woman with me called me, and advised me to take him to my room—we had one pint of beer in going—when we got home, I had not been there long before he, wanted me to leave the room, and go and get a pint of beer—"I would not," I said, "I never left the room to any one—he then took me up and threw me against the wall—I had been in bed—I got up and tried to get my pocket—he caught me, pressed me down to the bedstead, and ill-used me, and took the 1s. 6d. out of my pocket, which he had given me, and took another shilling besides, and ten duplicates—I got out of the room, and called up the young woman to get a policeman, and we went in, but could not find the duplicates nor the money—the prisoner put on his coat, and said, "Let me look"—he took the candle, and Said, "Let me look "—he went to the place we had been looking in, and said, "There they are "—but they could not have been there, or we should have seen them—my pocket was under my pillow—he showed two shillings, two sixpences, and one farthing, which he said was his own.
Prisoner. Q. Did you not give the other girl 1d.? A. Yes, and told her if I had more she should have it, but I did not wish to give her all I had—I quenched the light before I undressed myself—you felt me put my hand under the pillow, and asked what I was doing, and I made you no answer—you was not in bed ten minutes before you threw me against the wall—you gave me the 1s. 6d. to stop there all night—it was not under the head of the bed that you picked up the glove and money—it was by the side of the bed, and if it had been there we must all have seen it, and trod upon it.
Prisoner. Q. Did you not tell the policeman that you lost only nine duplicates? A. Because I forgot one which had been given me on the Saturday night—I said if you gave up the money and the duplicates before you left the room, I would not press the charge—I swore that he had a sixpence on him—it was a black sixpence, and a penny-piece, and he told me if I fetched any policeman he would break my head and those that came to take him.
ROBERT SUTTLE (police-constable B 97.) I was called about three o'clock in the morning—the prosecutrix told me she had been robbed of half a crown and ten duplicates—I went into the room—the prisoner was putting on his trowsers—the girl appeared to have been ill-used—her mouth was bleeding—I asked the prisoner what had become of the things—he put his hand into his pocket and pulled out two shillings, two sixpences, and a 1 1/4 d.—one sixpence was quite black—I then searched the room for the duplicates, but could not lind them there—I put the candle down—he took the
candle, and said, "Let me look for them," and he stooped down and took them up close at my feet, at a place I had looked in before.
Prisoner. I plead guilty to that.
GUILTY . Aged 24.— Transported for Life.
JOSEPH CASHMORE . I am in the employ of James Francis Thompson of Crown-street. At half-past six o'clock, on the 6th of November, I was behind my counter, and saw Prince come into the shop, and take this gown off the bar—I went round the counter after her—she walked to the door, and gave it to the other prisoner, who walked on—I accused her of taking the gown off the bar—she said she did no such thing, but she was looking at a pocket handkerchief—I left her with one of our young men, and followed Dempsey, who crossed and went to a shoe-shop—I asked where the gown was—she said she had no gown, and had not seen her friend—I went for a policeman, and while I was gone, the policeman of our beat came, and found the gown where I had seen Dempsey—I did not we Prince give it her, but I saw her turn round and speak to Dempsey, and then, when she turned round, Prince had not got the gown—the gown was found at the shoe-shop where I saw Dempsey go to—no one but Dempsey could have put it there—I did not see Prince pass any thing to Dempsey, because her back was to me—I know no one else took the gown, became no one else was at the door, and I went after her.
Prince. Q. What is the reason you did not take the gown from me, if you saw me give it to Dempsey? A. I came to you and asked you for it—you said you had no gown—there were persons in the shop, but I saw her take it off the bar, and walk to the door.
Dempsey. A quarter of an hour after he had a man taken up, and said he had been with me. Witness. There was a man brought in who had been seen in their company, but he was let go.
WILLIAM BRILL (police-constable S 72.) I was passing the street, and saw this gown under Mr. Burchen's window, which is the shoe-shop—I took it up and walked by Mr. Thompson's, and saw the two prisoners there, and they were given in charge.
JOSEPH CASHMORE re-examined. Our shop is from twenty-five to thirty yards from Mr. Burchen's—I did not see Prince go to Burchen's—she was at our door, and then Dempsey crossed to the shoe-shop, and this was taken up there.
JURY. Q. Did you lose sight of Dempsey from the time of her quitting the door to going to Burchen's? A. No—I saw her go direct over—she walked slowly and looked in at the window—she said she had seen no gown nor girl, and when I brought her over to the other she said she had just met her.
PRINCE— GUILTY . Aged 16.— Confined Six Months.
DEMPSEY*— GUILTY . Aged 14.— Transported for Seven Years.
JOHN STREATFIELD . I have chambers at No. 27, Lincoln's Inn-fields. on Monday, the 20th of November, I gave this cheque for £65 to Mr. Wilkinson—it is on Messrs. Snow and Co.—at half-past five o'clock the evening, I received a sealed packet from the prisoner—it contained 60l. in bank-notes, four £10 notes and four £5 notes—there was £5 short—the prisoner is a servant to me and others at these chambers—afterwards opened it without breaking the seal—it is now as I had it—I called the prisoner, and said there was £5 short, and I wanted to know be knew any thing about it—he said it was a serious thing, but he should speak to his grandmother or mother—I had not charged the prisoner with stealing it at that time—the wax is in the same state as I received it.
Cross-examined by MR. CLARKSON. Q. Are there other people living in those chambers? A. Yes—the two Mr. Pocock's, Mr. Manning, and another gentleman—I believe there was no other boy there but the prisoner—his mother and grandmother were there—I received this letter about half-past five o'clock on Monday the 20th—I took no notice of the sealing of the letter at the time I received it—I put it into a drawer, and it remained there till the Thursday morning, during which time I had not referred to see the state of the seal—I am certain I locked the drawer, and remained locked till Thursday, when it was opened before my brother—sleep in the chambers—I am not quite sure that I told the Magistrate that the prisoner said he would ask his mother and grandmother, and that I was a serious thing—what I said was read over to me, and I signed it—as not asked whether I had any thing to add—it might be, and I not hear it—(looking at his deposition)—it does not appear by this that I said so there, and I do not recollect that I did—I generally carry my keys with me—they have sometimes fallen out of my pocket, but very seldom—I am not aware that I ever leave them in my desk—I am quite sure I did not go to that drawer between the Monday and Thursday—I opened my chambers about eight o'clock.'
DAVID WILKINSON . I am clerk to Samuel Stratton, Esq., of No. 27, Lincoln's Inn-fields—he is out of England at present I remember receiving this draft, on the 20th of November, for £65, on Messrs. Snow—I went and got it cashed that day—I received four £10 notes, and five £5 notes—I took the money to the chambers, and locked it up in my desk—in the afternoon, about five o'clock I enclosed it in an envelope, and directed it to Mr. Streatfield, and sealed it with a small head seal—this is not the seal I put on, I can decidedly swear it—I delivered to the prisoner four £10 and five £5 notes—I am positive there were five £5 notes—on the Thursday after I saw Mr. Streatfield, I saw the prisoner, and said, "Here is a pretty go"—he said, "I know nothing about the note; I have not taken it"—I had not said a word about the loss of a note—this was about half-past ten o'clock—I cannot recollect the time exactly.
Cross-examined, Q. Had you told the grandmother of this before? A. No—Mr. Streatfield told me of it about half-past ten o'clock—I do not know whether his grandmother had heard of it—I do not know whether Mr. Pocock and Mr. Manning have any clerks—I never interfere with any gentlemen—I have been Mr. Stratton's servant about seven years—Mr. Manning has been there about four years—I do not know whether Mr. Manning has a servant personally—I believe the servants who live in the house are paid equally by ail the gentlemen—I have never spoken to any servant of Mr. Manning's, with the exception of the prisoner—it was impossible I could have dropped one of these notes, because I counted them
before I put them into the envelope—I said to the prisoner, "Here is a pretty go about this parcel"—he immediately replied, "I have not takes the note"—there is a slight mark of the impression I made on the wax—it appears to have been exposed to the candle—I think there has been a little addition to the wax—there are other persons go in and out of Mr. Stratton's chambers besides myself, in the way of business—I received the money between twelve and one o'clock, and inclosed it about five o'clock—I had occasion to go to the west end of the town, and saw her Majesty go to the House of Lords—I went from the chambers in company of my wife—she was not in the chambers—I went from the dwelling-house—nobody west with me from the chambers—before I went out I shut the outer door—I did not take the number of the notes.
JURY. Q. Where did you put the envelope? A. Into the prisoner's hands.
MR. CLARKSON to JOHN STREATFIELD. Q. Does the prisoner receive any wages from you? A. No, he does not, but I give him clothes-I should say I could not command his services—I did not enter into any agreement with him—I pay somebody else—the woman engages to do necessary things, and the prisoner is employed to go on errands.
COURT. Q. Who is your landlord? A. Mr. Stratton—I pay him a certain sum, and have this accommodation provided for me—it was agreed that Mr. Stratton was to find me a servant to do what I wanted—it is Mr. Pocock's house—he sub-lets it to Mr. Stratton, who sub-lets it to me—I did not agree that a boy was to be found for my purposes—the mother and grandmother find the boy—it was agreed with Mr. Stratton that he should wait upon me—he waited upon me as servant.
CHARLES WARD . I am a clerk to Messrs. Snow. On the 20th of November Mr. Wilkinson brought me a cheque for £65—I paid him four £10 notes and five £5 notes—I paid a cheque to Mr. Wright for £20—I have the number of all the notes—the number of the one missing is 16169, dated the 6th of October, 1837, for £5, which was among the notes I gave to Wilkinson.
Cross-examined. Q. You did not take down the numbers of them? A. I did not put the numbers into my book, but they ran on in a certain stream—I should not have been able to give anybody the number of this note if I had not prayed in aid, and the numbers of the notes I gave to Mr. Wright.
Cross-examined. Q. He had not taken the numbers of the notes? A. I do not know.
MR. CLARKSON to CHARLES WARD. Q. What is the number of one of these? A. 16163—that was the first.
COURT. Q. Where did the numbers begin and end? A. From 16,163 to 16,169 inclusive—they were all £5 notes, given to the two parties.
MR. CLARKSON. Q. Have you any means of knowing the fact, except by referring to the notes in the hands of Mr. Wright? A. Yes—there is my hand-writing to the first note—there is no number put to the notes in my book—I could not have made a mistake, and not paid the notes in a stream—the balance of the day would point it out—I have no book or paper at Mr. Snow's that will enable me to state the number of the notes.
COURT. Q. How do you know them? A. The first note had a mark on it, which was made the previous night—that is 16163, and that was the
first I paid to Mr. Wright—if I paid them regularly, I must have paid 16169; and if I had not paid that, I should have been a note over.
WILLIAM DAVIS . I am shopman to Mr. Clarke, a grocer in High Holborn. Between seven and eight o'clock on Monday, the 20th of November, the prisoner came to my master's shop and asked if I could change a £5 note, and he would take a quarter of a pound of green tea—I told him I could, and weighed the tea for him—this is the note—I asked him to sign his name and address, which he did—here is something he has written—I cannot read it—I believe it is George Harris—I saw him write it—it is number 16169.
(Morris Edward Berkley, clerk to Innes and Pocock, solicitors; Henry Stormont Murray, Esq.; and Charles Collins, gave the prisoner a good character.)
GUILTY. Aged 19.—Recommended to mercy by the Jury and Prosecutor
Confined Three Months.
115. THOMAS TAYLOR was indicted for stealing, on the 23rd of October, 10lbs. weight of chrome yellow, value 10s.; 21bs. weight of Prussian blue, value 6s.; and 1lb. weight of vermilion, value 5s.; the goods of Louis Adolphus Durien.
LOUIS ADOLPHUS DURIEN . I am an oil and colourman, and live in Drury-lane. On Monday, the 23rd of October, the prisoner came to my house and asked the price of the articles named in the indictment, and another—he then stated that if certain quantities were packed up and sent with him to High-street, Marylebone, the money should be returned—this chrome yellow and the Prussian blue and vermilion, 'were sent with him by our young man, about eleven o'clock—the young man returned soon after, and brought neither money nor colours—he said the man had eluded him.
Cross-examined by MR. PHILLIPS. Q. He had dealt with you a long time? A. I believe not—I have known him perhaps a year or eighteen months by sight—he got goods from us at prices which enabled him to sell them again at a profit—on one occasion I sent a parcel of goods in the same way, and the money came back—every other transaction has been paid at the counter—I did not make an invoice of these goods—I made a memorandum for my young man's governance, and gave it him—I told him not to return without the money.
COURT. Q. When did you see the prisoner again? A. Not till he was in custody—I did not know where he lived—his own terms were that the goods were not to be left without the money.
GEORGE HENRY MARTIN . I am an apprentice to the prosecutor. I recollect the prisoner coming on the 23rd of October, and these articles being packed up—the prisoner requested Mr. Durien to send them, and he would send back the money—I went with these articles to High-street, Marylebone—I carried part of them, and he carried part of them, and when we came to a certain public-house he requested me to give him one of my parcels—he then had three—he went and returned in two minutes, and stated that the person he expected to see there was gone to another house in Oxford-street—I had one parcel there which I took home again, and that he said was to go to another house in Oxford-street—I asked whether we had not better leave that, as it was heavy—he said, "Never mind"—as we were going on he came to a house in Carnaby-street, and wished me not to appear as with him, as the gentleman would very likely come out of the
front door—he went in, and I waited there about three quarters of an hour when I saw the barman—I went to the door, and the prisoner was gone—I did not see him again until the 4th of November—I first of all secured policeman, and then went and tapped him on the shoulder, and asked when our colours were—he looked at me, and said nothing—I said he was the policeman's prisoner.
(The prisoner received a good character.)
GUILTY . Aged 40.—Recommended to mercy by the Jury.
Confined Six Months.
ISAAC COWAN . My father keeps a shop in Aylesbury-street. On Friday evening, at half-past seven o'clock, while I was in the parlour, the girl went to fetch the water—she came back and told me something—I ran out, and saw the prisoner carrying the box in his hand—I know that box, it is my father's—he used to keep the gimlets in it—I spoke to the prisoner, and he put it on the pavement, and ran off—this is the box.
ALEXANDER COWAN . This is my box. It had three hundred gimlets in it—I have a shop-window which is glazed, and under that a door which is open, and the box was pulled out from underneath there, quite under the bow of the window—my little boy caught the prisoner first, and said, "Here he is"—he put down the box, and ran off—I pursued, and took him—he said he did it from distress.
GUILTY . Aged 22,— Confined Three Months.
JOHN PARKINS . I am journeyman to John Ruffett, living in Buck-row, Whitechapel. On the 11th of November, I was out with my basket and bread—I left it against the Red Cow, and went up a little street to serves customer, and when I came back, my basket and ten loaves were gone—I did not know where it was gone till the Monday morning, when I saw Morgan, and he told me he saw the prisoner with it—I found the baskets week afterwards—it was my master's basket—I saw the prisoner just before he took it, and spoke to him.
Prisoner. I was coming along Whitechapel-road—a journeyman baker asked me to carry this basket for him, which I did—I carried it a little way—I do not know the man that I took it from—he gave me a pint of beer, and I carried it to Jubilee-place, when he took it and went on.
JOHN MORGAN . I am journeyman to Robert Pringle, of Globe-road, a baker. On the 11th of November I was coming through Cut Throat-lane, and saw the prisoner with a basket on his back, running—I thought there was something in the basket—I called to him—he nodded and went on—on Monday morning the prosecutor met me, and I told him what I had seen—I went after the prisoner on the Monday, I found him, and asked him whether he was in work—he said, "No"—I said, "Were you when I saw you going with that basket?"—he said, "Yes, at Mr. Wittenburg's,
in the Commercial-road, you may go and see whether I was not"—I went with him—when we got there he said, "You intend to go in?"—I said, "Yes, with you"—he was going off—I said, "No, you are not going now"—he went back with me some distance, and then started off again—I pursued, and took him into the Captain Cook, and there I gave charge of him.
Prisoner. He drank with me there, and said he would make money of me.
Witness. I was quite out of breath, and I had a pint of beer, and gave him part of it as I would do again.
GUILTY . Aged 20.— Confined Six Months.
JOSEPH RICE . I live in Cannon-street. On the evening of the 15th of November I was in Oxford-street, opposite Sowerby and Williams's—I stopped with a friend a minute or two—I had my handkerchief in my pocket just before—I missed it at that time—this is it.
JOSEPH LEATHART . I live in Bath-place, Bayswater. About six o'clock this Tuesday evening I was in Oxford-street, and saw the two prisoners together following a gentleman, and at a hoard I saw them put their hands into a gentleman's pocket—I then went on after them—they went on to Regent-street—I watched there some time, but came away, and then went to Mr. Rice, in Oxford-street—there Collins put his hand into his pocket, but did not get any thing out—they then followed him on to Sowerby's, and there they got close together, and I saw they had got something out—I took them both, and Collins dropped the handkerchief, the other got away—I pursued Digger down Berwick-street and he threw down another handkerchief—I took it up, and then followed and took him—I brought him back to the prosecutor.
Collins. I never saw Regent-street that night, nor the handkerchief.
Digger. I was with him, but did not know that he had taken this handkerchief, and then I ran off—the witness came after me, and in going back he took it up in a door-way.
Witness. No—it was in running after him.
Collins. I am innocent of the crime.
Digger. I was with him, but did not know he took the handkerchief.
COLLINS*— GUILTY . Aged 17.— Transported for Ten Years.
DIGGER— GUILTY . Aged 18.— Confined Six Months.
MR. DOANE conducted the Prosecution.
THOMAS STANLEY . I am a master printer, carrying on business in Wheat Sheaf-yard, Farringdon-street. I was examined before the Magistrate at Worship-street—I first saw the prisoner about seven months ago—he
applied to me to be taken into my service about that time, under the appearance of very destitute and miserable circumstances—he told me he had been very badly used by his brother, who had deducted his wages, and did not give him what was due to him, and for some months he had not been on speaking terms with his own parents—he had a portion of his apprenticeship to serve, and as I had known his brother I took him into my service as a pressman—he continued with me about six months—almost from the first of his coming to my employ, I began to miss remnants of works and papers—I had never missed any before, and have not since he left me—I have other people in my employ, and could not tell who to suspect—on the 13th or 14th of November, I went to No. 23, Gee-street, the prisoner's lodgings, and found two Nautical Magazines and this other property, which I can identify—here are three Sermons on the New Marriage Act, they appeared as waste paper; and here are different bills which he had to post for me, but he had not posted them, he had kept them for purposes of his own—this is waste paper, here is the Narrative of the melancholy Shipwreck of the ship Charles Eaton—that was found at Islington—I went there because I knew he had a box there—the policeman got the key from his wife—she was present when we went to the house, and gave us the key in his presence—in the box we found the Narrative of the Charles Eaton, some waste paper, and three cards, show cards or boards—they are mine—I did not exactly miss any of them, but the moment I saw them I knew they were mine—I had never sold them, or given him any authority to have them—I cannot tell how shortly before I saw them in my place, but I am sure they must have been there—these are August and September Magazines, and must have gone since that time.
Cross-examined by MR. PHILLIPS. Q. You knew his brother a considerable time? A. Yes—perhaps eighteen months—I knew he had the prisoner as an apprentice—I did not go to his brother to tell him he had applied to get into my service—I did not employ him at less wages as an apprentice, but at the usual trade wages—the last year of his time he received one-fourth less than his earnings—his wife was near her confinement—I saw her when he came to me—I did not frequently visit her—I hare never been any thing but a printer, I was never in the theatrical line—I never said so—I will not say I have not been connected with the theatre as others have, as an amateur—I believe I did act, but never but once—that was not a first-rate part—it was in Leamington, in Warwickshire—I have been at Bristol, but never played there—nor at Clifton—I sent a bottle of wine and a note by the prisoner to his wife just after her confinement—I had remarked losses before I sent the bottle of wine and note to his wife—I never proposed to the prisoner that he should take one-half of his wages, and I should take the other half to his wife—the prisoner proposed it to me, and I did it, and went in person to pay the wife—I was godfather to the child—it was named "John Thomas Stanley"—my name is Thomas Stanley—this might be three months after the prisoner came to me—I did not take a lodging for the wife and tell the prisoner it would be more for his happiness if he went and lodged in another lodging, which I took—I was not aware that they lodged in separate lodgings—I did not always find the prisoner there—I do not think he came home and found me there above half a dozen times—I never saw the wife alone—Mrs. Goode's mother took her to Gravesend at her own expense, as far as I know—I did not advance 30s.—nor never said so—I was at the prisoner's house on the
might Miss Bruton produced two magazines—I expected the prisoner would be at home—I do not think I staid two minutes with the ladies be-before he came—I had made no arrangement with Miss Bruton and the mother and the wife that Miss Bruton was to say, "By-the-bye, Mr. Goode, I shall return the two books you lent me"—I had nothing to do with it—I did not expect that she would do it—I saw these magazines first on the morning of the 10th of November, I think—I called on the prisoner to inquire whether he had posted a number of bills advertising the "Nautical Magazine" for me—I was shown into the parlour by Miss Bruton, and the first thing that caught my attention, was the "Nautical Magazine" eleven—I made no remark about it—I called in the evening, and had numbers of the "Nautical Magazine" in my hand, and Miss Bruton and the prisoner were there—I had not been there two minutes before Miss Bruton brought up the books—the sight of these books in my hand might put her in mind of it—I believe it was to Mr. Tillinghurst that she said, By-the-bye, here are the two books you were good enough to lend me"—she did say so—I knew Mr. Goode lodged there—I was not in the habit of frequently visiting there—perhaps the whole number of times may have been a dozen, both in the presence or the absence of her husband—I had no idea that Miss Bruton would produce these books—I did not speak to her about it before Mr. Goode—she did not say that she would go and fetch the books that Goode had lent her to read—the prisoner followed her down stairs, and came up again with the books—he had them in his pocket, I believe—I asked him for them, because he followed Miss Bruton down, and because I had seen them in the parlour that morning—I asked what there was of so much importance in these books that I-might not see them—he said, "They are something of my own"—I said he need not try to hide the truth of the matter, I had seen the books down stairs in the morning—he then said that Cross, the warehouseman, gave them to him—I had not been to the prisoner's lodgings in Islington, the morning of the day I got the two magazines—I do not know that his wife ever lived at Islington—we were never together in any house in Islington—I knew Mr. Parry lived where the prisoner lodged—I was never there but with the policeman—I have seen the wife three or four times since the husband was taken up, at her lodgings—he was taken on Tuesday, and examined on Wednesday, and we wanted some duplicates, and we thought that a young man we wanted might be about Gee-street—I went there with the policeman, and the wife's mother and father were there—I have been without the policeman to visit the mother, and saw the wife at her mother's house, but I never saw her alone—on the first night we went to Worship street, I drank tea with his wife—I went several times—three or four times without a policeman, and drank tea at her mother's house—I remember the prisoner's father and brother coming in and finding me at tea there—I do not remember the woman saying she would keep company with whom she liked—I will not swear it was not said.
NOT GUILTY .
THOMAS HOWLAND . I live at No. 2, Heathcote-court, and am a porter. I have known the prisoner some time—I had this smelling-bottle and snuff box—I was going to raffle them—my wife was going to bed, and I thought to put these up to be of use to her—I asked the prisoner to make a
member—he said, "By all means," and he put his name down, and said, "If you let your little boy put them into a bag, and go with me, my father and mother will become members;" and I sent him out with them—this was on the 6th of November—I did not see him again till the 14th—I went to the station-house, and they told me I might take him—he had given me a wrong direction—I went, on the 14th, and took him to Bow-street—the duplicate was found on him, and that led to the pawnbroker.
HENRY GEORGE HOWLAND . On Monday, the 6th of November, my father gave me this bottle and snuff-box, in a bag, to go with this young man to show his father and mother, who would be members—we went on to a court in the Strand, and he took them from me, and said, "Stop there; if my father and mother make members, I will call you"—I stopped half an hour, and he did not come—I then went and told my father.
Prisoner. I did not take them from him—he gave them to me—he said, "Take them and show your father and mother."
THOMAS DICKINSON . I am shopman to Mr. Christopher Lamb, of Stanhope-street. I have these articles, pledged by a person I believe to be the prisoner—this is the duplicate I gave—they were pledged in the name of "John Burton, No. 16, Vere-street," on the night of the 6th of November.
GUILTY . Aged 19,— Confined Three Months.
Fifth Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 14.— Transported for Seven Years.
122. JAMES STANTON was indicted for stealing, on the 22nd of November, 2 cushions, value 10s., the goods of Robert Underdown.—2nd COUNT, stating them to be the goods of John Morgan; to which be pleaded
GUILTY . Aged 41.— Transported for Seven Years.
123. ROBERT BOORER was indicted for stealing, on the 14th of November, 1 pair of shoes, value 3s.; 1 pair of boots, value 5s.; and 2 pairs of uppers for boots, value 4s. 6d.; the goods of Charles Casey, his master.
CHARLES CASEY . I keep a shoemaker's shop. The prisoner was in my service as journeyman for some years—my shop is in one of the rooms up stairs—I had information that he had been taking away boots and shoes for some time—he worked in my house—I suspected all was not right on the 14th of November, and he was out all night—in the morning I said, "Robert, what did you do with those boots you made yesterday?"—he said, "I did not make any "—I said, "One pair, I believe "—he said, "Yes, they are up stairs, I will go and fetch them "—I said, "I will go with you "—when we got up one pair of stairs, he said, "It is useless going any further, I made away with them; I wanted 2s. to lend a friend"—these two pairs of uppers I found at the back of a pair of drawers that he used himself.
Cross-examined by MR. PAYNE.Q. Did he seem as if he had been drinking over night? A. I do not think he was given to drink—he had been with me
five or six years, off and on—he went and set up for himself, but found that did not answer, and came back to me—these two pairs of uppers were behind some drawers, inside the back of the case—I know them to be mine—I cut them out myself—I did not give them to him—I had seen them on the evening of the 9th of November—I had not seen them between the 9th and 14th—he had them for no purpose of business on my account—five other persons are employed on the premises besides himself, but only one in the room where he worked—the drawers were not locked—any pa son searching would find them.
WILLIAM COOK . 1 work with Mr. Casey. On Monday night, the 13th I was in the prisoner's room, and saw him finishing off a pair of boots-said, "What, are you finishing off?"—he said, "Yes; I should not finish to-night, but this pair is wanted in the shop down stairs "—I went down and he passed through, and did not deliver his work.
MATTHEW PEAKE . I am a policeman. I took the prisoner on the 14th—I searched him, and found a duplicate of a pair of shoes pledged at Mr. Walters's—I asked where he got it—he did not give any account then, but at the office he said he picked it up—it bears date "February 27, 1837."
CHARLES CASE re-examined. These uppers are mine—we cannot find the boots—he told me he disposed of them the night before, as he wanted to lend a man 1s.—he had got 19s. odd coming to him, which he could have had if he had asked for it—he said he pawned them, and could not tell where.
NOT GUILTY .
124. THOMAS M'CLURE was indicted for stealing, on the 11th of November, 3 table-cloths, value 12s.; 4 towels, value 2s.; 1 pair of sheets, value 10s.; 2 pillow-cases, value 1s.; 1 flannel waistcoat, value 1s., 1 pair of drawers, value 5s.; 1 window-blind, value 6d.; 1 bed gown, value 2s.; 3 cravats, value 3s.; 16 handkerchiefs, value 13s.; 2 pairs of stockings, value 3s.; 2 shifts, value 4s.; 2 habit-shirts, value 3s.; 1 petticoat, value 1s.; 1 cap, value 2s.; 2 aprons, value 1s.; 12 pairs of socks, value 3s.; 1 basket, value 1s.; and 1 wheelbarrow, value 10s.; the goods of Elizabeth Maria Cooke; and that he had been before convicted of felony.
JAMES CROME . I live in Duke-street, Westminster. On the 11th of November 1 was employed to take two baskets of linen for Eliza Maria Cooke—one to Mr. Carbonelle's, in Maddox-street—I stopped at an hotel, to leave one, and while I was in there I left the other bundle on the barrow—I was not gone in five minutes, and then the barrow and bundle was gone—part of it has been found since—I did not see the prisoner.
ELIZABETH MARIA COOKE . I take in washing. I sent James Crome with two bundles of linen—one was to go to Mr. Carbonelle's, in Maddox-street—that was lost—it contained all the articles stated in the indictment.
MART REED . I live at No. 52, York-street; my husband is a stone-mason. I have known the prisoner turned of three years—his father lived in the same house we do—he came to me on Saturday, the 11th of November, and knocked at the door—I said, "Come in," and he walked in with a basket with the linen—he said, "Be so kind as to let me leave this basket; I will pin the linen up; I cannot carry the basket, it hurts my side so much "—I said, "Where did you get it "—he said he had to take it from near London-bridge to Kensington—he left the basket and took all the property, and said he should come back and fetch the
basket, but he did not come, and when I told my husband he called; policeman, and gave the basket to him.
Prisoner. She has two husbands living, and has committed man crimes. Witness. No, never.
ABRAHAM WRIGHT . I am a policeman. I was called by Reed on tit 13th to take the prisoner—she stated he bad called there on the 11th, and brought a basket—I have since found this property—I found on him this handkerchief and 7s. 5 3/4d
Prisoner's Defence. On Saturday, the 11th, I was in the London-road looking into a picture-shop—I was out of employment—a man came to me with a basket of linen, and asked me to carry it for him—I said I would—he said he would give me 1s. to carry it—when I got to Westminster-bridge, the basket hurt me so much that I said I would leave the basket—he said if I knew where I could leave it he was willing—I went to Mr. Reed and left the basket—I took the linen, and went with the man to Kensington, and then he took them, and gave me 1s.—the handkerchief is my own—I have had it a long time.
SAMUEL SKINNER . I got this certificate of the prisoner's former conviction from Mr. Gilby, the deputy-clerk of the peace for Westminster—(read)—I was a witness—the prisoner is the same man—he was in my custody—at that time I was a policeman.
GUILTY . Aged 23.— Transported for Life.
GEORGE BAKER . I live in King David-lane, Shad well. I know the shop of Mr. Ingram, it is two doors from mine—about twelve o'clock, in the evening of the 18th of November, I saw the prisoner take a fowl out of the window and walk away—I stood a minute—he walked off, and I followed him half or a quarter of a mile—he ran and dropped the fowl—I took it up, and he ran into the hands of the policeman.
GUILTY . Aged 19.— Confined Six Months.
THOMAS LARKINS WALKER . lam an architect, and live at No. 2 Keppel-street, Russell-square. The prisoner was employed as char-woman by me—she came only two days, the 17th and 18th of November—when my attention was drawn to it I missed two towels and some candles—they were kept in a box in the kitchen—I think we missed about twelve pounds altogether—I keep two maid-servants and a boy—I believe these candles to be mine—I cannot identify the towels, but by producing some others of the same texture—I also missed a kitchen table-cloth and eight napkins.
ANN EVANS . I am single. I have known the prisoner about a couple of months—she gave me a lodging in her room—she herself was a lodger—she asked me to mark two towels—there was a mark on them—I cannot call to mind what it was—I think it was T. L. W.—it was rubbed out with a powder which the prisoner put on—it rubbed the mark out by rubbing it on with the hand, and it made a hole—she said nothing—the piece was cut out, and I made a pinafore and marked it—it was like this towel—I could not swear whether that is my work or not—I have no doubt but what it is mine.
Prisoner. It was a piece of huckaback—it was not a towel.
Prisoner. I told him I bought them, which I did, at a tallow-chandler's in Clare-street, and two moulds, which the policeman has in his hand—this was a piece of huckaback I bought at a pawnbroker's, and made the pinafore and a little table-cloth for Christmas-day—I got the candles that I might be comfortable at Christmas.
GUILTY . Aged 25.— Confined Six Months.
127. VINCENT WESTWOOD and GEORGE BUMBIE were indicted for feloniously breaking and entering a certain building within the curtilage of the dwelling-house of John Ely, on the 28th of November, at Friern Barnet, and stealing therein 4 fowls, price 8s., his property.
JOHN ELY . I live at the Griffin, at Whetstone, in the parish of Friern Barnet, it is nine and a half miles from the Bank. This occurred on the 28th of November, or early in the morning of the 29th—I keep fowls in a hen-roost in a coal-house—it is attached to my kitchen within my yard—it is fenced round by stables and one door, but has no communication with my dwelling internally—on the morning of the 29th my servant came and rapped at my door, and said the fowls were stolen—I got up, went down, and found the hen-house door open—it had been fastened with two locks—I missed four fowls—I knew the prisoners—they lived close to my premises and knew the premises well—I saw the fowls again on Monday evening, the 29th—I can swear the fowls were mine.
Cross-examined by MR. PRENDERGAST. Q. Did they know your premises? A. Yes—Westwood knew them particularly—the other prisoner I have nothing to prefer against.
JOHN JEWETT . I am in the prosecutor's service. I had the care of the fowls—I locked them up at half-past seven o'clock on the night of the 28th—they were all in then—I went the next morning at half-past five o'clock—I opened the back door and saw the hen-house open—I went and fetched a light, and there were four fowls gone and the two hens left—I know them well—these are my master's property—(looking at them.)
prisoners, and found the fowls on Westwood's shoulder, it was about half-past eight o'clock on the morning of the 29th.
Cross-examined. Q. He was carrying them? A. Yes, in a basket—I asked what he had got—he refused to let me see, but I would—this was just coming into Holloway, opposite the Crown, about six miles from the prosecutor's.
Westwood's Defence. On Wednesday morning I got up about six o'clock—in coming along I picked up this basket, and overtook Bumbie, who walked with me till I came to Holloway, where I was apprehended—he knew nothing about it.
WESTWOOD— GUILTY . Aged 22.— Transported for Ten Years.
BUMBIE— NOT GUILTY .
WILLIAM GREEN . I am a clerk, and live in Vine-street, York-road. On the 20th of November I was seeing the Queen go to the House of Lords, in Great George-street, Westminster—I knew my handkerchief was safe before—I took it from my hat and put it into my pocket not five minutes before I lost it—I heard some one call out that I bad lost my handkerchief—I turned, the two prisoners were close to me, and the officer and got them—the policeman showed me the handkerchief—I did not see it in possession of either of the prisoners—this is my handkerchief
WILLIAM HOLLAND . I am a policeman. I was on duty on the 20th of November—I saw the two prisoners and one other with them, about two o'clock—they had nothing in their hands then—I saw Jones go up to the coat-tail of the prosecutor, and come away with the handkerchief in his right hand—I collared him, and called out, "Where is the handkerchief?—the prosecutor turned round, and a policeman came up in uniform—I was in plain clothes, and we took them to the station—when I said, "Where is the handkerchief?" a voice exclaimed, "Here it is," and picked it up at the back of Johnson—I searched Jones—he had 2s. on him.
JONES— GUILTY . Aged 15.
JOHNSON— GUILTY . Aged 15.
Transported for Ten Years.
JOHN FRANCIS MATTHEWS . I live with Mr. Thomas Smith a pawnbroker, at No. 98, Edgeware-road, Paddington. On the 21st of November, I observed the prisoner in company with another, lurking about the shop, about eleven o'clock in the forenoon—some one came and told me my shawl was gone—I ran out, and saw the prisoner about 100 yards from the shop—he stopped the moment he saw me turn the corner—I asked him what he took the handkerchief for—he said it was a drunken spree—I brought him back to the shop—he said the same there—he said he was drunk—I knew nothing of him—I never saw him before—he could walk, and was sober enough to all appearance.
Cross-examined by MR. JONES. Q. What is the value of that shawl? A. 2s.—it is a new one made of worsted—it is an unredeemed pledge—when I came up to him he appeared to have been running—the moment I came to the corner his head was turned round, and he stood still—he must have run to have got that distance—it was about 100 yards from our
shop—I will swear it was more than twenty or thirty yards, and I think more than forty, hut I did not measure it—he did not appear to have been drinking—he did not speak so clearly as you do—he walked as steady as I could walk—I should call him a sober man—I gave him in custody directly—I had seen him about the shop, I should say five minutes before—he was standing at the shop window—our shop is in the public road—I only noticed him and another man there—there were a great many other things hanging up—this thing was almost of the least value of all that was hanging up.
COURT. Q. Did he appear to be drunk when you saw him outside? A. No, he did not.
Cross-examined. Q. Will you swear he was sober? A. I will—I did not tell him so.
(The prisoner received a good character.)
GUILTY . Aged 25.—Recommended to mercy by the Jury.
Confined One Month.
THOMAS ANDERSON . I am a coal-whipper, and live in John-street, and am married. On Saturday night, the 11th of November, I was in King David-lane, and met this young woman, between eleven and twelve o'clock, and she made free with me—she asked me to go home with her, and she took this money from my waistcoat pocket in the discourse—I went down opposite the Crooked Billet, and passed up the back lane—it was on my way home—I was a little tipsy, and she flattered me, and enticed me there—she laid hold of my arm—we stopped talking there a while, and she took 11s. in money, and three duplicates—I had nothing to do with her—she talked about my going to a house, and I would not—I lost four half-crowns and one shilling—I did not get it back—the policeman found the tickets and money on her.
Prisoner. You gave me the money. Witness, No, I did not—I had been drinking, and was out rather too late—I had drunk a great deal—I cannot account for what I had drunk—I had the money in my jacket pocket.
JOHN DOUGLAS . I am a policeman. I received the prisoner from the prosecutor on the morning of the 12th, in Shadwell High-street—I asked her what she had done with the duplicates and money—she said the man was mistaken; she never saw him before—I saw she was uneasy, and I took her to the station, and found three duplicates, four half-crowns, five pence, and two halfpence—she said to the sergeant, "That is not all his money."
Prisoner. I was going up the street, and met this man—he caught hold of me, and dragged me away—I was going to get some beer—he took some money out, and gave me some halfpence, and I put it into my pocket—there was some paper with it, and when I came out of the public-house he caught me, and gave me in charge to the policeman.
GUILTY . Aged 18.—- Transported for Seven Years.
JOHN WRIGHT . I am a merchant. About seven o'clock in the evening of the 24th of November, I was in Hatton-garden—I had a handkerchief—I felt a tug at my pocket, turned and missed my handkerchief—the prisoner was close to me—I took him by the collar, and held him—we went on a few paces—I told him he had my handkerchief—he said he had not—I proceeded a few paces, and a policeman came up and took him—a lad came up and said he saw the prisoner with a handkerchief in his hand, which he threw down; that a girl took it, and ran away with it.
Prisoner. You was pulling me towards another man—I said there was another man may have it as well as me. Witness. You said so, but you were nearest to me.
Prisoner. Q. Can you swear it was that gentleman's handkerchief? A. No.
Prisoner. I was returning home—I had been selling some laces—I was turning up Hatton-garden, and this gentleman laid hold of me by the collar, and accused me of having his handkerchief—I declare on my oath I never saw it.
GUILTY . * Aged 22.— Transported for Ten Years.
GEORGE VANHESON . I lodge at No. 9, Rose-lane, Spitalfields, and have lodged with Mr. Matthias Powell three years. These sheets were his property—I rented a furnished room of him—about twenty minutes past two o'clock on the 9th of November these sheets were on the bed—I returned home about two o'clock, having been absent about six minutes—I had been speaking to a neighbour, and my door was latched—I returned and saw the prisoner coming through the kitchen with a bundle under her arm—she asked if I could tell her where Mr. Martin lived—I said, "No," but if she would go next door with me, I could tell her—she threw the bundle down—I saw it contained the sheets, which had been on my bed—I then took her into custody.
GUILTY . Aged 53.— Transported for Seven Years.
OLD COURT.—Saturday, December 2nd, 1837.
Second Jury, before Mr. Sergeant Arabin.
on the night of the 16th of November, there was a fire next door—I had a basket, containing the articles stated, in a drawer in a desk in the first floor sitting-room—shortly after the alarm of fire, I was taken to my father's, and do not know what happened after—several neighbours and friends came to the house.
JOHN MATTHEWS . I am in Mr. Wilce's employ. I recollect the night of the fire—the prisoner passed me at the door, and came into the house—I asked him what he wanted, as he looked like a foreigner, (he had mustachios on)—he said, "Oh, Phœnix Fire office"—I then let him in—I am quite sure he is the man—he went down three stairs, and then turned and went up stairs.
Cross-examined by MR. PHILLIPS. Q. How many persons were there? A. Six or eight. I was very much confused—I am not mistaken in his answer to me—I saw his brother there also assisting, and a good many persons, but the prisoner did not assist—he never gave the least assistance—there were but two gentlemen went up stairs—I did not see him in the room—I did not go into the room when he was there.
THOMAS MARCHANT . I am a policeman. I was at the fire, and saw the prisoner there coming out of Glasshouse-street, and running towards Regent-street—he ran by, and I saw the end of this ladle sticking out behind the tail of his coat—he was holding it under his coat—I ran after him, and stopped him—I asked him where he was going to take the things—he said he was the master—I told him I could not let him pass, and he must come with me—I took him out of the crowd with another constable, and took the spoons out of his pocket—I found the ladle behind him—it was not in his pocket, but behind him, in his hand.
Cross-examined. Q. Now, on your oath, did you say at the police-office that he was running? A. I did—what I said was taken down in writing—this is my signature—(looking at his deposition)—I did tell the Magistrate he was running.
Q. Is there a word there about running—read it over? A. I cannot speak to that—he did not say he would not go with me, and he would take the spoons away in spite of me—he said he would not go away with me—he never said he would take the spoons in spite of my stopping him—I did not understand your question—he did not say he would take them away—I can read—(looking at the deposition)—I cannot read this.
Q. On your oath, is it not because you find the words in it that you will not read it? A. No.
Q. Is not this what you swore at the police-office, "He said he would not, and he should take the spoons away?" A. He did say he would take the spoons away—he did not say he would take them to the master.
MRS. WILCE re-examined. These are my husband's spoons—the prisoner is a perfect stranger to me—we are insured in the Phœnix office.
(Witnesses for the Defence.)
WILLIAM KELLY . I am a tailor, and am the prisoner's brother. I was with him at this fire, on the 16th of November—before we went there, we had been to the Three Doves, in Berwick-street, to a meeting for the benefit of infirm members of our trade, and my brother were in the chair—we left there about ten minutes to twelve o'clock, and were going home to our father's—as we got to the corner of Argyle-street, he said he should like some a-la-mode beef—we went and had some—as we were just finishing our supper, a policeman came to the door, and said there was a fire in Glasshouse-street—my brother said we might be of some assistance,
and we went down with the policeman on duty, and got then just as the persons were running out in their night-clothes—the fire had no assumed a very serious appearance, and there was an engine directly opposite the house—we both stationed ourselves at the engine, but there was no water to be got—the fire at last burst out, and it being an oil and colour shop, the inflammable materials burst from the window—I saw a soldier go into the prosecutor's house, which was the adjoining house—the doors of the prosecutor's shop were thrown open, and I saw a soldier rush into the house—my brother went from my side, and went in after him—I followed, and there was not two paces between us—no question were asked, on my oath—when they got in, they began pulling down all the property there—he did the best he could to save the property—the first thing he took out was a piece of bacon—I heard him say in the shop, "Are there any lives in danger up stairs?"—I afterwards heard a cry up stairs—I stood up on the counter, and began taking things off, and the policeman and others took the property out, and ran with it to the other side of the street, the flames rendering it necessary to go that way—the policeman said to me, "Keep throwing the property into the hall of the house"—I turned, and saw my brother in custody—I heard him say, "I will give it to the master"—he had the ladle in his right hand—he was right opposite the prosecutor's house—I saw a gentleman in a M'Intosh coat expostulate with the policeman for taking him—he was going to where the rest of the property was placed—I know he was about to go to France—he has been talking of it these two years.
JOHN FREEMAN . I am a private in the 2d. Fusileer Guards. I was at the fire assisting in removing the goods—owing to the flames bursting across the street it was necessary to remove the property to the other side of the street—I do not recollect seeing the prisoner, but I saw his brother there assisting—there were a great number engaged in the same way—no questions were asked of me—there was a boy in the room when I went in—he did not say any thing.
RICHARD JONES . I am a publican, and lived on Ludgate-hill at the time, but have sold my business since. I saw the prisoner and two policemen holding his collar—he was close to the spot where the property which had been saved was deposited—close to the curb.
(The prisoner received an excellent character.)
Prisoner. (After the summing up.) Many important facts have been touched upon by his Lordship which weigh against me—his Lordship says, why did I not ask for the master of the house—there was not a soul in the house—I entered the house in the true spirit of philanthropy, to do for my fellow-man what he needed—I did not proceed to the kitchen, but went two steps down, and seeing no fire there I went up stairs, in order to save life or property—I went as far as the second floor, and there the smoke was so dense I was fearful of proceeding further—I proceeded to the first floor, to save life, if possible, or property; and with a good thought, as I imagined at the time, I looked about the room, and saw a desk or chest of drawers—I immediately thought that the most likely place to find papers or valuables—I applied my hands to the handles of the drawer, and drew out the drawer, and by the light of the fire I could discern silver in the basket—I put my hand in, and took out the property—in taking it out some spoons fell from it—I picked them up, and thrust them into my pocket—I took up a thing called in the deposition part of a gown, and ran into the street with the property in my hands—there is another thing I wish to
observe on—this coat which I have on now I had on at the time—it is a small dress coat—one pocket is outside, and that was the pocket I put the spoons into—the other pocket is inside, in which I might have carefully concealed the property, but I did not want to conceal it—I took the larger plate in my hand with the other property—my Lord, the inward monitor I bear brings me through this dreadful calamity, and an honest heart, which you find since my childhood I have borne—if I am convicted, I trust my God, and the inward monitor I carry, will bear me through it; and if not, I go forth into the world again an honest man and free, free as the dew that touches the mountain top—I am innocent, thank God, I am innocent, and I leave the fate of an innocent man in your hands.
GUILTY.—Strongly recommended to mercy by the Prosecutrix and the Jury.
Confined Six Months.
Before Mr. Justice Park.
134. JOSEPH SMITH was indicted for feloniously offering, uttering, disposing of, and putting off a certain forged note, purporting to be a note of the Governor and Company of the Bank of England, with intent to defraud the said Company.—2nd COUNT, stating his intent to be to defraud James Withenbury Hawthorne.
MESSRS. MAULE, ADOLPHUS, and BULLOCK conducted the Prosecution.
JOHN SHEARS . I am shopman to James Withenbury Hawthorne, a linen-draper, in Clark's-place, Islington. On the 6th of November the prisoner came to our shop—he was quite a stranger—he bought a shawl, which came to 20s., and offered me a £5 Bank note—I looked at it, and suspected it to be a bad one—I took it up, and went out, as if to get change—I sent for a policeman, and waited outside till he came, which was in three or four minutes—I then returned with the officer, gave the note into his hands, and said to the prisoner, "This is a bad note"—he said he did not know how he came by it—he was taken away by the officer, who kept the note—I did not mark it till next morning.
WILLIAM GOODGAME . I am a policeman. On the 6th of November I was called to the shop—Shears gave me a £5 note, and gave the prisoner in charge—I kept the note in my possession till I got to the station-house, which was in about five minutes—I then laid it on the table before the inspector, and wrote my name on it before I lost sight of it—this is it—(looking at it)—I kept it in my possession till next morning, when I gave it to Mr. Freeman, the inspector of the Bank—Shears saw it the following morning at the Police Office, and marked it—as I took the prisoner from the shop to the station-house he said if it was a bad one he must be the loser of it—I asked him if he knew who he had taken it of—he made me no reply—he said he was in the habit of changing from twenty to twenty-five notes in the course of a week.
Cross-examined by MR. PHILLIPS. Q. Did you state this conversation to the Magistrate? A. At the first examination I did—I wrote my name on the note at the station-house, after I had taken the prisoner.
COURT. Q. Was what you said written down at the first examination? A. Yes—it was read over to me, and I signed it.
MR. PHILLIPS. Q. Did you ever say you wrote your name on the note, and took the prisoner to the station? A. I do not recollect it.
went out with the note—I remained in the shop while he was gone—I observed that the prisoner was a good deal agitated—he said about a minute after Shears was gone out, "What a long time he is gone for change"—in the meantime he bought a pair of stockings of me, for 1s. 6d.; and gave me half-a-crown—I gave him 1s. change.
Cross-examined. Q. Why not tell the Magistrate he was agitated A. I did tell the Magistrate so—I was examined on oath by Mr. Bennett—I did not observe him writing—I observed Mr. Mallet the clerk writing but whether he took down what I said, I do not know—it was not read over to me—I was behind the counter of the shop—the prisoner was five or six yards from the door.
WILLIAM SHEPHERD . I keep the Richmond Arms public-house, in Richmond-street, Edgeware-road. On the 21st of October a person came to my house, and took three or four other men into the tap-room to pay them, and wanted change—I believe the prisoner is the man—there is an alteration in him, and I will not undertake to swear to him positively—my niece was in the room at the time—she received the note from the hands of the man, and gave it to me—I asked him what address I should put on it, and he told me "John Stevens," which I immediately wrote in his presence, and the date—I should know the note again—I gave the same person change for two notes—he brought one first, and then came back with a second in five minutes—he had only gone into the tap-room—he said he had not sufficient change, and would I give him change for another—I carried the change of the two notes to him together, and gave it to him in the tap room, before all the men—I wrote his name on both notes—he did not give me any address—I wrote on both the notes, "John Stevens, navigator," but no place of abode—I took the notes up stairs to my wife, who was ill, and she looked out the change—I afterwards paid them away to the collector, and one was returned as bad—this is it—(looking at it)—it is one of those I received that day—I have heard nothing of the other.
Cross-examined. Q. You have not told us the hour at which this took place? A. To the best of my recollection, it was about seven o'clock—from six to seven o'clock in the evening—it was after six o'clock—I did not look at the clock particularly, but I consider it was that time, by the dusk of the evening—the prisoner looks much thinner in the face than the man did then—that is the only difference in the face—he is as tall as that man—I described the man as a tall, fresh-coloured, good-looking man—I know Morris, an excavator—I gave him that description of the man—I do not recollect that I had ever seen the man before—I did not tell the Magistrate he went into the tap-room—I said, "He gave the notes to my niece, and my niece gave them to me "—I did not say he gave the notes to me—Morris was at my house that night between six and seven o'clock, I believe, at the same time the man was there in the tap-room—there were a good many persons there.
MR. ADOLPHUS. Q. Was your niece in the same room as you? A. Yes—she stood by me—he gave the note to her, and she handed it to me—I asked his name—the place was lighted with gas.
SARAH SHEPHERD . I am niece to last witness. On the 21st of October, my uncle and I were in the bar when the man asked for change for a £5 note—he gave the note to me, and I gave it to my uncle—he came back again, gave me another note, and asked for change for another—I gave that to my uncle—I think the prisoner is the man—I am not
certain of him—I cannot swear he is the man—I do not think I had ever seen him before.
Cross-examined. Q. Did you not tell the Magistrate, over and over again, you only believed or thought it was the man? A. Yes—I know Morris—he was in the habit of coming to pay the workmen—it was about seven o'clock when the notes were changed.
COURT. Q. How long did the person remain after getting change? A. Only about five minutes I think—I have said he staid half an hour afterwards.
MARY ANN EDWARDS . I am bar-maid to Mrs. Pope, who keeps the Red Lion, at Kilburn. Last October a man very much resembling the prisoner gave me a £5 note in the tap-room—I cannot swear to him—he was a tall man, and stout—I gave him change—I gave the note to Ann Codwell, the servant, to take up to her mistress, and she brought me down the change—the person had two sixpennyworths of brandy-and-water, and staid in the house about ten minutes.
Cross-examined by MR. JONES. Q. Did he offer to change the note as as soon he came into the house? A. He called for the two sixpennyworths of brandy-and-water, and then gave me the note—I was at the police office, but was not examined.
ANN CODWELL . I am in the service of Mrs. Pope. On the 17th of October Edwards gave me a note, which I carried up to my mistress, who gave me five sovereigns—I took them down, and gave them to Edwards.
MARY POPE . I keep the Red Lion public-house. On the 17th of October Codwell brought me a £5 note—I looked-at it—I have not a doubt but this is the same note—(looking at one)—I gave her change, and put the note into the drawer—there were no other notes there—I afterwards gave it to Mr. Hands, Mr. Meux's collecting clerk—I wrote nothing on it
JAMES WILSON . I am in the employ of Mrs. Pope. On the 17th of October 1 remember a note being given to Edwards to change—there were two men—I took notice of the man who gave the note—the prisoner is the man, I am sure.
Cross-examined. Q. Did you give evidence at the police-office? A. I did—I do not know who the Magistrate was—a gentleman examined me—I was sworn, and what I said was taken down by the clerk sitting there at the time, just as I had sworn it—they read it over to me after wards-—I have no recollection whether they asked if it was true—I did not write my name to it.
THOMAS HANDS . I am collecting clerk to Messrs. Meux. I received some notes from Mrs. Pope on the 21st of October, I think, but I cannot be certain of the date—I put her name on them, not at that time, but in the evening—I had not mixed them with other notes before I did so—I always fold them up and put the name outside—I think I only received one £5 note from her that day—I received for the monthly beer, but I believe she gave me other notes with some silver—I received 25l—I think there were two or three fives and a ten—this is one of them—(looking at one.)
COURT. Q. You cannot tell which of the £5 notes she received from the supposed prisoner? A. Certainly not.
every respeet, paper, plate, and signature—it purports to be signed by F. S. Twist, but the clerk's real name is Twiss—this one uttered to Shepherd is also a forgery—I should say the two are the same manufacture—this one uttered to Edwards is also a forgery in every respect, and appears of the same manufacture—the signature to Shepherd's is S. Gardin—Pope's is signed, J. Robinson—we have clerks named Twiss, and Gardin, and there was one of the name of Robinson, but he has been dead some time—the note has no date to it but 183.
NOT GUILTY .
Before Lord Chief Justice Denman.
135. DANIEL BARRETT was indicted for unlawfully, maliciously, and feloniously assaulting Charles M'Carthy, on the 2nd of November, and cutting and wounding him on his head and forehead, with intent to maim and disable him.—2nd COUNT, stating his intent to be to do him some grievous bodily harm.
CATHERINE PUNSHON . I keep a public-house in Wapping-wall—Charles M'Carthy is in my employ as a coal-whipper. On the night of the 2nd of November, I saw the prisoner and another person at my house—I did not know the prisoner before, but I am sure he is the man I saw—they had some porter and gin—the prisoner attempted to go into the parlour—I prevented him—M'Carthy was in the tap-room at the time, and went out to shut the shutters—he had the shutter hook in his hand, which is used to pull the shutters up and down—the prisoner went out immediately after M'Carthy, and in about ten minutes I heard what I thought were blows, close by the house, near the window—I went to the door, and saw M'Carthy down, and the prisoner leaning over him—I saw the prisoner strike M'Carthy more than once—he got up, and I asked him to give me the stick, and not strike him again, but he followed him to the door and struck him several times—I cannot swear he struck him while on the ground, but I saw his hand move—he struck him with part of the window stick when he followed him—I cannot say what part—this is the stick—(looking at it)—I cannot say whether he used the hook part—I asked him to give me the stick—he said he would not—M'Carthy came towards me, and the prisoner followed him—after he arose I saw him strike him on the head, I should think four or five times, with the stick, but I do not know which end of it—it was broken in two in the prisoner's hand—it was not broken when M'Carthy took it out—a man named Haley was in the house, and went out when the prisoner did—he was present when I went out, and was stooping over M'Carthy at the same time, but I did not see him strike at all—M'Carthy came into the house—I then spoke to a gentleman, and closed the door and fastened it inside—I opened it again, and the prisoner came up again—I said, "That is the man," and the gentleman took hold of him as he turned into the house—we fastened him in, and sent for the police—this stick was picked up in the street, and given to me by Mr. Goodman, immediately after the prisoner was taken away—it was stained with blood on the wooden end—I saw no blood on the hook end—I gave it to the policeman.
WILLIAM CLAPSON . I am a policeman. I was sent for about eleven o'clock, and found the prisoner at Mrs. Punshon's house down on the floor, in front of the bar, and two or three persons holding him—I saw M'Carthy there—he was cut, and covered with blood on the head—there was also a quantity of blood on the table and on the floor—his head was tied up—I
took the prisoner into custody with great difficulty—I had my clothes torn from my back—he resisted very much—I was an hour and twenty minutes getting him to the station-house, which is between a quarter and half a mile—M'Carthy went to the station-house, and the doctor came and saw him there—Haley was taken next day, but discharged—I received this stick from Mrs. Punshon.
GEORGE BETSON . I am a surgeon. I attended at the station-house on the morning of the 3rd of November, about one o'clock, and found Charles M'Carthy there, and examined his head—there were two wounds, one in length about an inch, and depth a quarter of an inch, and the other not quite so much—the skin was broken in both of them—they appeared to have been given by a hook—one of this kind would produce such wounds, and I conceive a stick alone would not—there was a bruise more inclined to the right side.
(CHARLES M'CARTHY being called, did not appear.)
Prisoner's Defence. I was going to the door and he struck me—we were both drunk.
GUILTY of the assault only. Aged 27.— Confined One Year.
Before Mr. Justice Park.
136. JOHN GOULD and HARRIET GOULD were indicted for stealing, on the 13th of November, at St. George, Hanover-square, one 1 £100, 3 £50, and 3 £10 Bank-notes, the property of Joseph Jones, since deceased, in the dwelling-house of Terence Brien.
MR. DOANE conducted the Prosecution.
JOHN JONES . I live at Bayswater. My brother's name was Joseph, he went to reside in Carpenter-street, Grosvenor-square, three weeks previous to his death, which was on the 14th of November—I visited him there several times—he was ill before he went there—I found the prisoners attending him there—they lived in the same house—one sat up one night and one another—on Friday, the 10th, I called on him, about three o'clock in the afternoon, and found him in a very dangerous state—I advised him to receive the sacrament—he called me to him, and told me to stoop down close to him—he said, there was 50l. he had put into a corner, pointing to a trunk in the room, and that was for his funeral and other expenses—he had told me about three days before of his having received 250l. 5s. and he said I should find it all in his trunk, except 5s.—the female prisoner was present and heard that conversation—on Monday, the 13th, I called again, a little after three o'clock, and found him alone in the room in bed—the clergyman had been with him—he was in a very had, sinking state—the female prisoner came in a little after four o'clock—I had been with him nearly an hour—when the prisoner came in she appeared very much fatigued and out of breath—he had said something to me about providing for my children three times—I called next morning, and found my brother had been dead about an hour—I found his trunk in the room and the key in it—I opened it, and found a little red book, with two £10 notes—the female prisoner was present, and I showed them to her, and expressed my surprise at finding no more—I did not even find the 50l.—she said she knew nothing at all about any money, she never knew he ever had any about him—I searched every where, and could find no more—the male prisoner came in shortly after—he trembled very much when he came in—I told him I was surprised I could only find
the two £10 notes—he said he knew nothing at all about it, he did not know there was any money belonging to him—he seemed very much agitated indeed.
Cross-examined by MR. PHILLIPS. Q. How long had these people lived with your brother? A. He was only three weeks in the house—they lived together there as man and wife—my brother and I had never been at variance, but always on the best of terms.
DENNIS REGEN . I am a servant, and live in Market-street, Haymarket On the 13th of November, between nine and ten o'clock in the morning, the male prisoner came to me, and said he and his wife had been attending a person who had been ill for some time, and on that day he was much worse, and from the kindness he had received from him and his wife during his illness, he had made over 100l. to each of them, and he would be very much obliged to me if I would come up to his lodging and indorse the notes, as the deceased was too ill to do it, and he could not do it himself—I promised to come, and he went away—about an hour after that I went to his lodging, No. 7, Carpenter-street—I went to the kitchen, and saw both the prisoners there—I afterwards went up stairs with them, at their request, and saw a man in bed—I cannot say whether he appeared in a bad state—John Gould placed a chair by a table, some distance from the bed—Mrs. Gould brought some Bank-notes rolled up—John Gould asked me to indorse on the back of one of them, "John Williams, 24, Welbeck-street, Cavendish-square"—I did so, and gave them back to Mr. Gould, and left the room—soon after that I got into a coach with the two prisoners, and ultimately went to the Bank of England—the male prisoner gave me a £100 note and two £50 notes, and at his request I accompanied Mrs. Gould into the Bank to get them cashed, leaving him in the coach—I got 200 sovereigns for them, and we all drove back again to the corner of Mount-street—the male prisoner then left me to go to his master's, and I accompanied the wife to Carpenter-street—she had not the key of the door of her room, and she ran to the prisoner's master for it, and the male prisoner came back with it—I counted over the 200 sovereigns to him, and saw him put them into a bag by him—this is the bag, to the best of my belief—(looking at one)—after coming from the Bank, he told me he had three £10 notes, but he could cash them at any time.
Cross-examined. Q. Had you known him long? A. About fifteen months—I knew them as man and wife—to the best of my belief he went to the bed-side before I signed the notes—I am almost sure he did—I have not the least doubt of it—he leant over the gentleman, but I did not hear him speak—the gentleman appeared to be very ill.
MR. DOANE. Q. During any part of the time, did the deceased say any thing, or take any part in it? A. Not the least.
PHILIP WORSLEY . I am clerk to Messrs. Whitbread and Co., Chiswell-street, brewers. On the 31st of October I paid to Joseph Jones a cheque which I have in my hand, on Barnett, Hoare, and Co., for 252l. 5s.—he received it himself at our house on that day.
RICHARD BESCOBY . I am clerk to Barnett and Co., bankers. On the 31st of October I received a cheque for 252l. 5s., drawn by Whitbread—this is it—I gave for it a £100 note, No. 4907, dated, 20th of October—two
£50, No. 5367, dated, 10th of August; and 6550, dated, 17th of August; and five £10, Nos. 7737, to 7741, dated, 5th of October.
CHARLES JAMES BEATSON . I am clerk in the Inteller's office, at the Bank. On the 13th of November, I received a £100 bank note, No. 4907, dated the 20th of October, and two £50 notes, Nos. 6550 and 5367—I gave 200 sovereigns for them—here is the name of "John Williams, 24, Welbeck-street, Cavendish-square 13th November, 1837," on one of them.
HENRY SHERWIN . I am an officer of Marlborough-street Office. On the 15th of November I apprehended the female prisoner—I met her before she got to her lodging—I told her I took her on suspicion of stealing some Bank notes from Mr. Jones's box—she said she had never stolen any money from Mr. Jones, nor did she know that ever he had any—I left her in custody of Mr. Jones's brother, and went to Berkeley-square, and apprehended the male prisoner—I told him what I took him for—he said he had never seen any notes, and did not know that Mr. Jones had any notes—I did not tell him it would be better to tell the truth—I asked him whether he had taken it, and he said he had not—I did not make him any promise or threaten him—I took them both to the office—in consequence or information, I went to the house in Berkeley-square, where I had apprehended Gould, I believe it was the same day, and saw the Honourable Mr. Villiers there—I went with him, and searched his wardrobe—I searched a box in Mr. Villiers's presence—I broke it open—it was in a large back room on the ground floor—it appeared to be a dining-room—there was no bed in the room—I found this bag in the box—it contained 203 sovereigns, and thirteen half-sovereigns making 209l. 10s.—I afterwards went to the office and saw the female prisoner—I told her I had found the 209l. 10s.—she said, "The 9l. 10s. is my own, what I saved by my industry."
Cross-examined. Q. Was any one present when the male prisoner spoke to you? A. No.
THE HONOURABLE FREDERICK VILLIERS . I live at No. 38, Berkeley-square. The male prisoner was in my service rather more than three years—I know the box which the witness opened—the prisoner had charge of the key of that box—in consequence of something I learnt from the prisoner, I went to the police-office and made a statement—I was at the police office when Sherwin broke open the box in my presence, and found the bag containing the money he has stated—the money was not mine.
Cross-examined. Q. Had you a character with him? A. Ten years before that, I had a most unexceptionable character with him, and in my service he deserved the best character a man could receive.
TERENCE BRIEN . I am owner of the house, No. 7, Carpenter-street, it is in the parish of St. George, Hanover-square. The prisoners lodged in the house, and the deceased also-—and very respectable lodgers they were.
Cross-examined. Q. They conducted themselves very well? A. In every respect to my satisfaction, and were very industrious—I have no doubt they are man and wife.
JOHN GOULD— GUILTY. Aged 35.—Recommended to mercy.
Transported for Fourteen Years.
HARRIET GOULD— NOT GUILTY .
Before Lord Chief Justice Denman.
137. JAMES DUDFIELD was indicted for stealing, on the 21st of August, at St. John the Evangelist, Westminster, I pocket book, value 1s.; shawl, value 5s.; 2 handkerchiefs, value 7s.; 1 watch, value 2l.; 10s.; watch key, value 4s.; 1 work-box, value 2s.; 2 towels, value 2s.; 1 purse value 6d.; 1 sovereign, 10 half-sovereigns, and 1 £10 note; the goods monies, and property, of John Mansfield, in his dwelling-house.
ISABELLA MANSFIELD . I am the wife of John Mansfield, and live is Rochester-row, in the parish of St. John, Westminster. I have been there about three months—I knew the prisoner before that—he came occasionally to our house to see my daughter, whom he courted—he slept there sometimes, as my husband works out at night—on the 21st of August he asked me if I was' not going to Camberwell fair—I said I did not know whether I was going or not—he was out with me—he said there was plenty of time if we did go, but we came home—I had been to the Bazaar with him—I at last said I would not go to the fair—about tea time I asked for him, and he was not in the house—I had given him a sovereign that day to take care of in the Bazaar—my daughter went up stairs after tea and found him there—I went up between seven and eight o'clock and. found he was gone—I missed two towels, and on looking further I missed a watch off the mantel-piece—I could not find my keys, and got Mr. Smith to break open my box, and missed from it a silk shawl, and a silk handkerchief, and another box containing many articles, a £10 note, and about ten sovereigns and a half—I had seen the things safe that day, before I went out—the little box was gone with its contents—I gave information directly—I did not see the prisoner again till he was at Queen-square, the day before yesterday—the small box and my pocket-book the officer has got—the note had been in the pocket-book—my silver watch is also here—I have looked at them, and know them to be what I lost at that time—the value of the goods is about 3l.
Cross-examined by MR. DOANE. Q. Do you let lodgings? A. Yes—I only had an old lady and her husband—I knew the prisoner before I went to live there—my daughter knew him before I did—it was this year, about the beginning of the summer—I cannot tell the month—I had known him about three months—this happened on the 21st of August—I left my daughter at home when I went out—there was another lodger in the house at that time, a Mrs. Davis—I went out about one or two o'clock, and came back a little before six o'clock—my things were all safe when I went out—I did not see the prisoner again till he was in custody—he used to come backwards and forwards to the house before, and slept there out of friendship—he proposed to be my lodger—my daughter introduced him to me.
ARTHUR BOWKER . I am a superintendent of the police at Bath. Last Monday I received information, and went to Bristol—I met the prisoner in the street there, and took him—I told him he was charged with a robbery at No. 2, Rochester-row, Westminster—he made no answer—I asked if he knew Mrs. Mansfield—he said, "Yes"—I searched him, and found this pocket-book in his pocket and a duplicate of a silver watch, pawned for 37s. in Skinner-street, and some keys—there was a young man with me—I asked him if he lodged at the same house as he did—he said, "Yes"—I and the young man went to that house and there found a box which the young man pointed out—one of the keys found on the prisoner unlocked that box—in it I found this rosewood box and a towel, which Mrs. Mansfield has examined.
Cross-examined. Q. I understand his parents are respectable people,
do you know them? A. I do—they keep the Bell Inn at Bath, and are very respectable people.
WILLIAM HENRY WALL . I am a pawnbroker, and live in Skinner-street. This is a duplicate of mine—I have the watch and guard which it refers to—it was pawned on the 18th of September for 37s.—I do not recollect who by.
MRS. MANSFIELD re-examined. This rosewood box is mine, and this watch, but not the guard—my name is on the towel—I can swear to one of these keys, but not to the others—it is rather a curious one, and is one of the bunch I missed.
(James Probert, of Lewisham-street, Westminster, deposed to the prisoner's good character.)
GUILTY . Aged 20.— Transported for Fifteen Years.
Before Mr. Justice Park.
138. JAMES BOND was indicted for stealing, on the 2nd of November, 160lbs. weight of potatoes, value 4s. 6d.; and 1 sack, value 2s.; the goods of George Brown, his master; and WILLIAM ROBINS for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
GEORGE BROWN . I am a green-grocer, and live in Great Chapel-street, Westminster. The prisoner Bond was in my employ for ten months as a carman, going from Westminster to Hounslow and Isleworth—he went down almost every day, to take manure, and bring back potatoes—in consequence of information I received at Covent-garden-market, on Saturday, he 4th of November, I went to Knightsbridge, and stopped at Mr. Bartlam's shop—I saw a board there with potatoes on it for sale—in consequence of what passed I had Bond taken up, and told him I was going to give him in charge—he said, "What for, master? "—-I said, "On suspicion of robbing me, selling my potatoes on the road"—he said he had not sold any—he told me he had left a bushel and a half, on the 2nd, at the Rising Sun, at Knightsbridge—I went there with Woodbery, and found a potato sack of mine with my name in full, but the potatoes were sold—we found Robins there, and took him—we made him no threat or promise—he at first denied buying any potatoes, and after that he said he had bought a sack for 3s., and sold it to Bartlam next morning—I went into the kitchen of the Rising Sun with Robins and the officer, and found a sack in a basket, on a shelf, which I knew to be mine—Robins said that was the sack he bought the potatoes in on the 2nd—we brought it away, and took the potatoes off Bartlam's show-board.
Cross-examined by MR. PAYNE. Q. Had you said any thing to Bond before he told you about the Rising Sun? A. I told him I had an officer, and was going to give him in charge—Robins took down the basket from the shelf himself—Robins said he had sold them to a man next door for 4s.—that was true—my name was on the wagon which carries my dung down, but the name of Holland was on the cart, as my own was under repair—I am quite sure the potatoes are mine—I do not believe you could find a sample like them in London—they are a peculiar sort—I have been in the trade fourteen years—Robins told me he had sent that sack down by
the man; but when I told him the man had not called since Thursday, he said he would go and look for it.
WILLIAM BARTLAM . I am a green-grocer. The Rising Sun is within two doors of my house—Robins lodged there—I have known him two or three years—he came to my shop, and offered me some potatoes for sale—I said I did not want any at present, and asked him the price—he said 4s. 6d. sack—I bought one sack for 4s., and I paid him for them the next day—he then said he should have another sack left that night—he did not say where from—I did not buy them—he took back the sack which my potatoes were in—I did not notice any name on it—I had seen a sack of potatoes come off Mr. Holland's cart on the Thursday night between seven and eight o'clock, and next morning I bought this sack—I cannot say it was the same—Bond took the sack on his back off the cart, and Robins followed him with it into the Rising Sun—I afterwards delivered to Woodbery some of the potatoes I bought of Robins.
Cross-examined, Q. Are you quite sure it was not soon after six o'clock? A. It might be—I did not particularly notice the time.
JOHN LANGWORTHY . I am a green-grocer, and live at the Rising Sun. I know the prosecutor, and know his van and cart perfectly well—I saw them stop at the Rising Sun on this Thursday evening about seven o'clock—I knew Bond to be Brown's servant—I did not see Bond take any thing into the Rising Sun—I did not see the sacks go in that night at all—I only saw the cart stop there that night—I met Mr. Brown in the market on the Saturday, and told him what I had seen.
WILLIAM WOODBERY . I am an officer. I received Bond in charge—I told him it was on suspicion of stealing his master's potatoes—he denied it—I told him I had information against him, and he said, well, he had sold a bushel and a half for 1s. on the Thursday night—in consequence of what he said I went to the Rising Sun, and took Robins—I told him I was come to apprehend him for buying potatoes of Mr. Brown's man—he denied it, but afterwards said he had bought a sack of him on the Thurs day night, that they were pig potatoes, and he gave 3s. for them, and had sold them for 4s.—I asked what he had done with the sack—he told me he had given it back to the carter—I told him that could not be, for I understood he had not been that way since he bought the potatoes—he then said he would go and try if he could not find it—I went with him into the kitchen, and it was found in a basket on the shelf with other sacks, not belonging to Mr. Brown—that sack has Mr. Brown's name on it, and he said that was the sack he bought them in—I then went to Bartlam's, who gave me some potatoes.
Cross-examined. Q. Did he take down the basket himself with the sacks in it? A. Yes.
MR. BROWN re-examined. I have examined the sack—my name is on it—the potatoes are mine—they are Devonshire potatoes—if you cut them you will find a little rim inside.
(Bond received a good character.)
BOND— GUILTY . Aged 31.
ROBINS— GUILTY . Aged 62.
Transported for Seven Years.
Before Lord Chief Justice Denman.
MR. BODKIN conducted the Prosecution.
Coke Company. Their office is in John-street, Bedford-row—the prisoner was in their service during 1836 down to 1837, as inspector, at 35s. a week—it was his duty to take instructions from persons wanting new services laid on—he was to see it done and receive the money for the expenses—every week when he came to the office he was to make a return in writing, and pay over the amount to me—he had printed forms of receipts given to him, a certain number at the time, for which he had to account—he was told not to issue any other receipt than that form—I have examineds his return for November 1836—the reis nothing about 12s. received from Mr. Prior—nor is it in any subsequent return—the returns are in the prisoner's hand-writing—in January, 1837, there is no return Wilson, 16s., nor in May, of 16s. from Mr. Cochrane—these three sums have never been accounted for to the Company, to my knowledge—the signature and filling up of these three receipts are the prisoner's handwriting—(looking at them.)
Cross-examined by MR. DOANE. Q. These are all three proper printed receipts? A. They are—I am the only cashier in the establishment—the prisoner usually paid in 3l., 4l. or 5l., in a week—they are sums paid by tradesmen for certain sized burners—he had been a year and a half in the Company's service—he had to go out after the gas was lighted to see that customers burnt no more than their proper quantity, and to see that they were not burning after a certain hour, according to the time the parties agreed to burn—he had nothing to do with collecting for consumption of gas, but for the service pipe only—I am not aware that he has gone into the service of the London Gas Company since he has left us—I have heard it—I believe we had the exclusive supply of the south-western district of Pancras while he was with us—since he has left we have had competition in that district by the London Gas Company—I cannot say whether we have diminished our charges in consequence—I cannot say whether smaller payments are made for the same supply in that district—I do not know—I will not say it is not so—the prisoner left about the 24th of May.
Q. Between that and the day he was taken into custody, the 25th of November, did you call upon him to explain the non-entry of these three receipts? A. Certainly not—I have not seen him—I believe there was a paper returned by him soon after he left, with sums of money on it, in respect of certain tradesmen—the prisoner had provided a bond to make good any deficiency in his accounts.
MR. BODKIN. Q. Those sums are for new services? A. Yes, or additional burners—we charged the parties for consumption of gas, from the date he gave of laying on the service—if he gave no return we should have no means of charging customers—we should not know that they had gas.
COURT. Q. Suppose a person gave an order for a service, who would execute it? A. The inspector would take the order and lay it on—he has a man under him to do so—that man would know of it, but he is under his orders.
ALEXANDER JAMES DUFF FILER . I am chief inspector to the Imperial Gas Company. The prisoner's duty was to fill up contracts, get the parties to sign them, and return them to me to be entered in a book, and put in charge in the ledger—he did not return me any contract in the three instances in question, Prior, Wilson, or Cochran—he would have to hand me the contract, and to give the cashier the money, one being a cheque on the other—his duty would call him out late at night sometimes, and sometimes
early in the morning—it would be his duty to be out as much as possible—I do not know that he went into the service of the London Gas Company after he left us—we still charge the same rates for consumption of gas in the south-western 'district of Pancras—he left us on the 27th of May—we afterwards discovered that some sums received by him had been entered, but not accounted for, and he was called on to settle the account—he did so—this paper is his writing, and has his signature—it was handed to me about three weeks or a month after he left—I said, "I hope there is nothing further than this; I hope this will settle all"—he said, "I do not recollect any thing further"—it does not contain either of the amounts in question—part of this account is for gas, and the remainder for burners—he received the money where we made the parties pay prompt—the prisoner had workmen under him to lay on the service pipes, but the fittings-up are done by the tradesmen.
Cross-examined. Q. Do you know how long he has been in the service? A. If I recollect right, he entered the service in July, 1835—it might be 1834—I know that the London Gas Company have laid pipes in Pancras district—before that we had the district exclusively to ourselves.
COURT. Q. Have you any of the contracts which he filled up? A. Here is one—these three cases were discovered I believe by the new inspector, when he went round—I think Prior and Wilson's cases were found out in September—the other is a more recent date—the receipt books are numbered—we have the counterparts.
JOSEPH PRIOR . I live in Charlotte-street, Bloomsbury. I paid 12s. to the prisoner on the 28th of November, 1836, for one additional burner—I had three before—this is the receipt he gave—inquiry was made about August or September, when the collector called for the money—the four burners amounted to the same as the three, as there was a variation in the size, and I understood from the prisoner that I should have to pay no more for the consumption.
Cross-examined. Q. Do you continue now to pay the same? A. Yes.
ANN WILSON . I live in Cleveland-street, St. Pancras—(looking at a receipt)—I paid this money to the prisoner in January, 1837—it is dated January, 1836—I did not notice the mistake in the date—it was for putting on gas—it was the first time I had any gas—I did not sign a contract till this September—I was not called on for any rent for gas before September—it was not found out till then—16s. is the amount of the receipt—I often saw the prisoner after that—the gas was burning in my place—Mr. Boothman put it on at Christmas, and the prisoner called for the money in January—I think he had called once before, and put on the burners.
Cross-examined. Q. When the gas was laid on, was it done by the regular workmen? A. I suppose so—I did not go out to look at them.
MR. BODKIN. Q. Were the people who laid it on employed by you or the Company? A. A gas-fitter lived next door to me, and I believe it was his workmen did it.
JAMES COCHRANE . I am a baker, and live in Francis-street, Tottenham-court-road. I paid the money on this receipt to the prisoner on the date named, the 17th of May, 1837—it was for two new burners—I employed a person to fit it—I do not remember seeing the prisoner there while it was being done—I am sure I paid him the money.
Cross-examined. Q. Had you employed the same man before? A. No—the person who laid on the gas was Kennedy.
MR. FIELD. I am clerk to the Imperial Gas Company. In July, 1836,
the prisoner was called before a committee of the Board of Directors, and reprimanded for giving receipts on plain pieces of paper in lieu of printed receipts, and he was told if he did it again he would be dismissed the Company's service.
NOT GUILTY .
First Jury, before Mr. Common Sergeant.
NOT GUILTY .
GUILTY . Aged 27.— Confined Six Months; Six Weeks Solitary.
JOB MATTHEWS . I keep the Bull's Head public-house in York-street, Westminster. The prisoner was in my service—I put 2s. 9d., in marked copper into my till on the 5th of November, after twelve o'clock at night—the till was not locked—I went to it the next morning, after eight o'clock, and missed part of it—I went to the prisoner and examined her—she produced from her pocket some money, and all the copper I had marked, except one halfpenny, was found on her.
Cross-examined by MR. DOANE. Q. How long had she lived with you? A. Ten months—I knew her some time before—I marked twelve penny-pieces, and my brother marked Is. 9d.—I did not see him do it—the penny-pieces which I had marked were found on her—some of those found on her were marked by me, and some by my brother—my mark was a small cross—it was not the prisoner's duty to serve, she waited on customers, carried the liquor to them, and received the money—I marked the money daring Church time on Sunday morning, but put it into the till after the house was shut up at night—my brother gave me what money he marked—he made the same mark as me, but I can swear to my mark, mine was the strongest incision—those found in her pocket and what was left in the till corresponded with the whole amount marked.
(The prisoner received a good character.)
GUILTY . Aged 20.—Recommended to mercy.— Confined One Month.
ROBERT MIERS . I am a linendraper, and live in High-street, Marylebone. On the 14th of November the prisoner came into the shop with some artificial flowers which she makes—I was engaged with a customer, and observed her go to the opposite counter, draw some silk handkerchiefs on the ground, and gather them up under her clothes—when my customer went out, I sent for a policeman, and before he came she threw them from her, before I said a word to her, and afterwards ran away—I do not
know whether she heard me send for the policeman—I had opened her box to look at her flowers to detain her, and she ran away leaving her flowers—she was secured and brought back—she said nothing to me—these are my handkerchiefs.
Prisoner. Q. If you saw me take them, why not stop me at the moment? A. I was not quite certain, till I saw them thrown away—I wished the policeman to search her.
NOT GUILTY .
FREDERICK HOWES . I live in Little White Lion-street. I keep pigeons at the top of my house, fastened in by a trap-door—I fastened that trap-door on the night of the 12th of October, and on the 13th, between twelve and one o'clock in the morning, I missed ten—I went to Thomas Perks, I bird-fancier in Adam-and-Eve-court, and saw six of them—I traced footsteps along the gutter of the house to No. 5, and there found a bell which had been on the pigeon-house door, and there was some fresh pigeon-dirt on the floor—Gagan lived in that house with his mother and father.
THOMAS PERKS . I live with my father in Adam-and-Eve-court, Oxford-street. I was very ill in bed when the pigeons were brought to my shop for sale by the two prisoners—I bought them—I am sure they ire the persons—I did not see them that time, but I saw them the second time—my little girl brought me these six pigeons.
MARIA PERKS . I am the daughter of the last witness. The prisoners brought the six pigeons which the prosecutor claims to our house on the morning of the 13th of October—I am certain they are the boys.
Smith, I never had a pigeon in my hand in my life.
Gagan. I was never in Adam-and-Eve-court in my life.
SMITH— GUILTY . Aged 14.
GAGAN— GUILTY . Aged 15.
Confined Two Months, and Twice Whipped.
(There was another indictment against the prisoners.)
THOMAS THOMPSON . On the 28th of November I was drinking at the Spotted Dog, in High-street, Poplar—I had a sovereign in my pocket, and eight half-crowns, twelve shillings, and four sixpences—I was nearly drunk, but I am certain I had the money when I went in—the prisoner put his hand into my pocket—I shoved him away, and said, "Tom, I won't have that "—the landlady hearing me speak to him, came and said to him, "If you have been getting drunk at another house, you must go there again "—he said, "We will all be peaceable and quiet"—I went to sleep, and when I awoke he was gone, and all my money too—I saw him next morning, down at Blackwall, and stopped him—he said he had not taken my money, and in coming along he said to my friend, "Wait a bit
till I go to see a particular friend "—he ran into a stable, and I was going to see for him—he came out at the gate, and said he had been to see a person who had a pair of shoes of his for three months—he said he had not a farthing of money.
RHODA LEE . I am the wife of James Lee, who keeps the Spotted Dog. I saw the prisoner and prosecutor in the house—the prosecutor was tipsy, and the prisoner was leading him along—I heard a scuffling, in the tap-room—I went and told them that where they had got tipsy they must go and get sober—I heard the prosecutor say, "I won't have it, Tom"—soon after the prisoner came to the bar for a glass of rum-and-water, and paid me half a crown—I gave him change, and took the glass of rum-and-water into the tap-room—he drank it and left—there was nobody else there to take the money, and nobody else came in till the prosecutor missed his money, I am certain.
Prisoner's Defence. He hired me to carry his hammock to the steam-boat, and I went with him—he was quite drunk, and I said to his friend, "I must go; take this man's money and go and lay it out for the things he wants to go to sea with"—he said, "No, he is a stranger to me"—I said, "You had better take the money before he loses it"—he dropped it on the floor at his friend's house—we left there and went to the Queen's Head and had a glass of gin and brandy—he came into the Spotted Dog—I said, "Now I must be off"—he said, "You shall not go"—I said I must, and left and went and told the female he lived with where he was—I left him against the fire.
NOT GUILTY .
ELLEN ELIZABETH BURTON . On the 15th of November, about half-past eleven o'clock, I was near Mr. Peachey's, the pawnbroker's, in Old-street, and saw the prisoner take a telescope from the shop, put it into his apron, and run away with it.
ROBERT CLARIDOE . I live in Prospect-place, Whitecross-street. I met the prisoner about half-past twelve o'clock on the 15th of November with another boy—the other one showed me a telescope, but did not say any thing.
Prisoner's Defence. I do not know any thing about it—I never showed him one.
GUILTY . * Aged 12.— Transported for Seven Years.
147. ANN MORRIS was indicted for stealing, on the 24th of November, 1 purse, value 2d.; 1 toasting fork, value 1s.; 3 sovereigns, 1 half-crown, 13 shillings, and 1 sixpence; the goods and monies of Edmund German.
MARY GERMAN . My husband lives in Broken Wharf, Upper Thames-street. About half-past nine o'clock, on the 24th of November, I went into a public-house at the corner of Church-lane, Whitechapel—I took out my purse to pay for some beer—it contained three sovereigns and 13s.—I had this toasting fork with me, and laid it on the counter—the prisoner was next to me—she kept pleading poverty, and said she was an unfortunate girl—I said, "Well, you are welcome to half my porter," and gave it her—I remained there about an hour—I lost my purse and money in there,
and the toasting fork—nobody was near me but the prisoner in the house.
Prisoner. She was in there singing with a Dutch woman—she asked me to drink, and after that I came home and saw no more of her, Witness. No such thing—this is my purse—the prisoner was apprehended next day.
MARY WAKELING . I am the wife of a policeman. I searched the prisoner in Denmark-street station-house on the 25th of November—I found the purse under her left arm—she insulted me very much, and I gave it to the constable—she said, would I take part of the money and say nothing about it—I refused, and she gave me two violent blows on the chest—I was obliged to call for the police to assist me.
GEORGE ENGLISH . I am a policeman. I took the prisoner into custody, and had her searched by Mrs. Wakeling, who gave me the purse—it contained a sovereign and 9s. 6d.—there were two more girls in company with her—I found the toasting fork at her lodging.
GUILTY . Aged 23.— Confined One Year.
JOHN FOOTMAN . I live in Ratcliffe-highway. I had some lead on the roof of my kitchen—I received information, about five o'clock in the afternoon of the 19th of November, and went to the privy—I found the prisoner there with another person, and the door fastened—I pulled it aside, I and saw the prisoner drop a piece of lead against the seat—he had his jacket off, and the other man had his trowsers off—there was about 18lbs. of lead besides the 20lbs. found—I brought him out into the tap-room, and gave him in charge—I have compared the lead with the roof of the kitchen, and it corresponds with it—I had seen it safe about a quarter of an hour before—previous to the robbery the prisoner had gone over the roof with me, as the water came in, and I employed him two days—he promised to cow next day to repair it—he appeared the worse for liquor—he told me at the time it was the other man took it off.
Prisoner. I was tipsy, and knew nothing about it
GUILTY . Aged 21.—Recommended to mercy.— Confined Three Months.
JOHN COUCHER . I am a coachman. On the 30th of November I was at Mr. Malcolm's house, in Warren-street, Charing-cross—the prisoner came in, and sat by my side—I went out, looked through a hole, and watched—I saw him take a pint pot and put it into his hat—he came out—I followed him, and called a policeman, who took it out of his hat—this is it—he appeared sober.
RICHARD COLLER . I am a policeman. I got this certificate of the prisoner's former conviction from Mr. Gilbert, the Clerk of the Peace for Westminster Sessions (read)—I know the prisoner to be the man—I have had him twice myself for stealing pots.
GUILTY . Aged 23.— Transported for Seven Years.
150. MARY ANN JOBBIN was indicted for stealing, on the 18th of November, 1 shift, value 2s.; 1 petticoat, value 2s.; 1 apron, value 2s.; 1 handkerchief, value 6d.; 1 sovereign, 1 half-crown, and 6 shillings; the goods and monies of Mary Marshall.
MARY MARSHALL . The prisoner lodged at my house—on the 18th of November I missed the things stated out of my box—I accused the prisoner of stealing them, and she said she took them, but meant to pay me again fast as she could—these are the things—(looking at them.)
Prisoner's Defence. I had agreed to pay so much a week, and she agreed to take it, and did take 1s. of the money.
GUILTY . Aged 26.— Confined Two Months.
GEORGE CHARLES SMITH . I am secretary to the British and Foreign Seaman's Society, and have the custody of the Society's books. I lost these—(looking at them)—they belong to the Society—they were not sold.
WILLIAM CHARLES ELLIS . I am secretary to the Seaman's Friend Society. The prisoner was occasionally employed there, and had access to I the books—we missed books and papers at times—I went to the prisoner's house, and found a quantity of Magazines and books, which are here—he said he had brought them from the office—he had no authority to do so—persons are not permitted to take books away.
Prisoner. I took them to read. Witness. Here are twelve books, and 120lbs. of paper—several of them are copies of the same publication.
JOHN GEOROE MASS . I am shopman to Mr. Langdon, a cheesemonger, in High-street, he selected a quantity of waste paper, which he said were hooks belonging to the Society—I bought part of the prisoner, and part of his wife.
(The prisoner pleaded poverty.)
GUILTY. Aged 66.—Recommended to mercy.— Confined Three Months.
NEW COURT.—Saturday, December 2nd, 1837.
Fifth Jury, before Mr. Recorder.
GUILTY . Aged 17— Confined Six Months.
WILLIAM MERRY . I live in Whitechapel, and am a wholesale cheesemonger—I have a partner. The prisoner was in my employ on the 24th of November, and had been so about two years—for some time past we had missed coppers to rather a large extent, and could not find out who abstracted them—on the 23rd of November we had 5l. worth of copper counted up, and ninety penny-pieces were marked with my initials, which were distributed in 5s. papers—they were put into flats, tied down—I locked the counting-house myself, and took the key—on the morning of the 24th the prisoner came rather earlier than usual for the keys of the warehouse, and asked the girl for the key of the counting-house—when I came down my warehouseman spoke to me—I missed the coppers, and called the prisoner—I said we had missed some money—he said he knew nothing of it—he said he had some coppers—I said, "Let me see"—he pulled out five penny pieces, two of which had been marked, one by my warehouseman, and the other by the clerk—the money was marked between half-past seven and nine o'clock—they were taken from a number of 5s. papers, and marked, and replaced—the next morning we found the papers had been opened, and two or three pence taken from different ones—the prisoner said he had taken them the day before in exchange for some tobacco—there were no more coppers found on the prisoner—I had not marked any money on previous days.
CHARLES JAMES SANDERS . I am clerk to Messrs. Merry and Rutter. On the 23rd of November I marked sixty penny-pieces, and they were placed in the papers in the flat—one found on the prisoner is one I marked—this is it.
RICHARD BAKER . On the evening of the 23rd of November I was desired to mark some pieces of copper—I marked about forty, and then mixed them in the papers, to the amount of about four in every paper—this one was found on the prisoner on the morning of the 24th—I marked it—I found several packets had been opened, and money missing to the amount of about 1s. 9d.—the prisoner had an opportunity of going out from the time he came in the morning—I am not aware whether he did so or not.
Prisoner's Defence. I know nothing whatever of the charge made against me—on this morning I was ordered to get to my employer's ware-house by half-past six o'clock—it wanted twenty minutes to seven o'clock by the church when I passed—I was let in by the cook—I received the keys of the warehouse—I again went to ask for the key of the counting-house—I wanted a candle, and was walking up, when Reaves, one of my fellow-servants came in, and I began taking out some rubbish—I pulled off my coat and waistcoat, and hung them in a small warehouse, where any one could have access to them—the five penny-pieces I had in change for a shilling, for some tobacco, and I know nothing about the marked money—the robbery was not discovered till three hours after I had been there.
WILLIAM MERRY re-examined. The prisoner had behaved well—another man had been in the counting-house, who was in the habit of cleaning it—he was searched, but nothing found on him, and Reaves was also searched—I
went to ascertain whether there was any necessity for the prisoner going for a candle, and I found there were two which had been led over night
GUILTY .— Confined Three Months.
JOSEPH MARCHANT . I am a baker, and live in Fair-street, Manchester-square. The prisoner was in my employ about eight months—I employed him to take out bread, and receive the money, and account to me—I had a customer of the name of Nesbit, in Wigmore-street—I have sent weekly bills to him since July last—I have not received any money from the prisoner for him since then—I have applied to the prisoner to know if he had received money—I delivered him a bill of 10l. 6s. 9d.—that was all that was owing from Nesbit from July—I inquired of Mr. Nesbit if the bills had been paid—I asked the prisoner if he had received the money—he said he bad from day to day—there was no proposition made at that time—he did before the Magistrate speak of instalments—he admitted he had received the money.
Prisoner. I asked you if I should pay you back by instalments, and you told me no. Witness. I have no recollection of the fact
COURT. Q. Do not you find in your deposition, that he stated his proposal to pay by instalments? A. I have no recollection of stating that—I signed it, and have no doubt it is correct, but I have no recollection of it.
Prisoner. It was the instigation of my brother coming out of the country—I was almost compelled to keep him fourteen weeks—he wanted clothes, and shoe-leather, and so on; and I told my master if he liked to keep me on, I would pay him back by instalments.
HARRIET APPLETON . I am servant to Mr. James Nesbit, of Wigmore-street. The prisoner was in the habit of bringing bread there for six months—I paid him daily when he delivered it—sometimes 2s.—I paid him 1s. 8d. on the 20th, and on the 21st 1s. 9 1/4d.—I received no bills from the prisoner—we owe for no bread.
Prisoner. It was not done with a felonious intent to defraud my master.
GUILTY . Aged 21.— Confined Twelve Months.
ANN HOWARD . I am single. I live in Salisbury-place, and am servant there—I have known the prisoner about nine years—I met her some months ago, at the corner of Sting lane—I had with me a gown and a gown-piece—the prisoner asked me where I was going—I told her to the dress-maker's, Mrs. Evans, Upper Lisson-street—I went there, and was measured for my dress—the prisoner was present—I left the dress that was made as a pattern, and came away with the prisoner—on the following Saturday I got the new dress, but not the other—I afterwards met the prisoner in Seymour-place, and asked if she was not ashamed to see me again—she said, "No"—I asked what she had done with my dress—she
she said she knew nothing about it—I followed her, and gave her into custody.
SARAH EYANS . I am the wife of Richard Evans, of No. 20, Upper Lisson-street, and am a dress-maker. I remember the prosecutrix and the prisoner coming to my house—the prosecutrix left a dress and the materials to make another—I told her she had no need to leave it, I could make it by my own pattern—she said it might be handy to take the length—after that the prisoner called again, and said her cousin had altered her mind, and she wished to have that dress washed and sent into the country, and I gave it her.
DANIEL NORGAN (police-constable L 33.) I took charge of the prisoner—she at first said she knew nothing at all about it, but on the way to the police-office she acknowledged the pawning it at Mr. Greygoose's.
Prisoner. It is false—I did not tell you so. Witness. Yes, you did, and Mrs. Evans heard it—I found the gown at Mr. Greygoose's.
JOHN GREYGOOSE . I am a pawnbroker, and live at No. 51, Crawford-street. I produce this gown, pledged on the 22nd of September, in the name of Sarah Grant—I fancy the prisoner is the party, but so long a time has elapsed, I cannot be positive—she then appeared respectable in her dress, and had some colour in her face.
Prisoner. I know nothing of the gown, any more than taking it to the dress-maker's.
GUILTY . Aged 20. —Recommended to mercy by the Prosecutrix.
Confined Six Weeks.
156. HENRY BAKER was indicted for stealing, on the 11th of November, 1 shirt, value 2s. 6d., the goods of Patrick Macfarlane: 1 shirt, value 2s. 6d.; and 1 pair of stockings, value 6d.; the goods of June Martinez.
JOHN READY . I live with Patrick Macfarlane—it is a cook's-shop and lodging-house, in Ratcliffe-highway. The prisoner came there on the 11th of November, and asked for a bed—I showed him one—he went any the following morning—whilst he was paying the mistress of the house for the lodgings I examined the bed he had occupied, and missed a sheet from it—I pursued the prisoner up Denmark-street, and down Cannon-street, and called, "Stop thief?"—a gentleman here stopped him, and he pulled this sheet out of his bosom—it is the property of Patrick Macfarlane—the night's lodging was 6d.
JOHN MADDY . I am a ginger beer maker, in Cannon-street, St. George's in the East I heard the cry of "Stop thief "—I stopped the prisoner, and took this sheet from his trowsers—he made no resistance—I took him to the station-house.
(The Prisoner received a good character.)
GUILTY . Aged 19.—Recommended to mercy by the Jury.
Confined Three Months.
WALTER HUGHES . I am a butcher, and live at No. 13, Chapel-street, May-fair. The prisoner was in my service eight or nine months, up to the 13th of November—he was entrusted to receive money—I expected him to pay it the same day that he received it—I had a customer of the name of Captain Brandreth—he owed me 1l. 14s. 2d. for meat—the prisoner did not account to me for that.
MARY RYAN . I am cook to Captain Brandreth, he lives in Grosvenor-place. I paid the prisoner 1l. 14s. 2d. for meat, on Tuesday, the 7th—he receipted the book—I have not got it here—I am sure I paid him 1l. 15s., and he brought me back 10d.
Prisoner. I said I was sorry I had not delivered up the remainder of the money.
MR. HUGHES. The prisoner left me on the Monday following—I said, "I cannot return Captain Brandreth's bill, I have not got the book"—he said, "Have not you?"—I said, "No," and then in the evening he absconded—I sent the two bills in, and one was paid.
Prisoner. I received the money, and lost the sovereign—I kept the money all the week to try to make up the sovereign—I told my master I that I should be very happy to pay it—my mistress said she would not mind receiving it by instalments—I told West I was very sorry I had not returned the remainder of the money—if I get a situation again, I will return the money.
GUILTY. Aged 23.—Recommended to mercy by the Jury.
Confined Three Months.
JOSEPH NASH . I live in Claremont-square. On the afternoon of the 20th of November I was in St. James's Park—my attention was called by a constable behind me saying that I had lost my handkerchief—the constable had got it—I believe this is it—I have no mark on it—I know it by the pattern.
CHARLES BURGESS GOFF (police-constable L 31.) I was in the Park, and saw the prisoner force his way between two gentlemen, and go to the prosecutor, take this handkerchief from him, and put it down on his right side—my brother officer seized him, and told the gentleman his pocket had been picked.
Prisoner. I was in the Park seeing the Queen go to the House—some
boys took it—I was going to give it to the gentleman, when the officer took me with it in my hand.
C. B. GOFF re-examined. I am quite sure he took it—I watched him some time.
GUILTY . Aged 17.— Confined Six Months.
MARIA FAX . I am the wife of Thomas Fax, a porter, and live in Myddleton-buildings, Stoney-place, Marylebone. The prisoner and his wife occupied a room in our house for three weeks and two days, and paid 4s. 6d. a week—after they left I opened the door of their room and missed the bed, quilt, and two pillow-cases, which I had let to them with the room.
THOMAS FAX . I am the last witness's husband. I went to Deptford and found the prisoner in a house there with a quantity of people—I went into a room, which was pointed out as his sleeping apartment, and his wife was there—I found these articles in the room—the quilt I can swear to, but not the other articles.
CHARLES NICHOLLS (police-constable R 121.) I went with the prosecutor to a house in Grove-street, Deptford, where the emigrants for South Australia are lodged till the ship sails—I found the prisoner and his wife there, and the articles now produced were found in an apartment which was taken by the prisoner, as I understood—I found his wife there—I asked him if he knew any thing of the circumstance—he said he knew nothing of it—the quilt was lying on the bed, and the bed on a mattress, on a bedstead, in the room occupied by the prisoner and his wife.
GUILTY . Aged 27.— Confined Six Months.
WILLIAM BUTLER . I am apprentice to William Garrett, a victualler, in King-street, Tower-hill. On Saturday, the 11th of November, in consequence of information, about ten o'clock in the evening, I went outside our premises and missed a rum puncheon from the door—I saw it about eighty or ninety yards from the door—I watched and saw the prisoner come up and wheel it away between twenty and thirty yards, when the policeman collared him.
Prisoner. Q. Did you see me take it away from the door? A. No—the constable gave me information that it had been moved, and thought it was placed in a convenient spot to be taken further off, and I watched.
WILLIAM CARR (police-constable H 17.) I was watching on Tower-hill on the night of the 11th—I saw the prisoner come to the cask, look at it and walk five or six yards from it—he went away to the corner and came a second time, and the third time he came and rolled it away—I followed him and took him by the corner at the public-house—he told me a man had given him 6d. to wheel it up the street—I searched him, but found no money on him.
CORNELIUS FOY . I am a policeman. Mr. Garrett's house is in my beat—I missed the cask from the door, and found it some distance from ft—I gave information to Butler—I had seen the prisoner rolling it away.
Prisoner. I was rolling it towards Mr. Garrett's house. Witness. No, he was rolling it away from it.
Prisoner's Defence. I have used Mr. Garrett's house for the last eight years—I do not live twenty doors from him—I happened to go there this night, and when I came out a young man tapped me on the shoulder, and said, "If you will go and fetch that rum puncheon for me I will give you 6d., I have left it in charge of a policeman"—I could not see any police man, and went back and told him so, but I saw the puncheon—he said, "Never mind, that is it, fetch it"—I went and and so, and directly I did it the policeman caught hold of me.
GUILTY . Aged 26.— Confined Three Months.
161. CHRISTOPHER MAILE and PETER FLETCHER were indicted for stealing, on the 17th of September 1 waistcoat, value 5s., the goods of Richard Wilcox Fairlain; and that Maile had been before convicted of felony.
HENEY COWNE . I am shopman to Richard Wilcox Fairlain, of Lissongrove. On the 17th of November I hung a waistcoat on the shop-rails, about nine o'clock—I afterwards saw it at the station-house in the policeman's possession.
WILLIAM SHEPHERD . I am an apprentice to Mr. Henley, of No. 99, Devonshire-street, Lisson-grove, a fender-maker. On Friday, the 17th of November, I was minding my master's shop, and saw the two prisoners lurking about the corner of the street—I saw Fletcher take the waistcoat—the other was at the corner house, ten yards off, looking at him, and he nodded when the shopman went in—the waistcoat was on the rail in the front of the shop—Fletcher took it under his smock-frock till he got a few yards, and then he ran.
CHARLES ELLIOTT . I live at No. 33, Carlton-place, Bayswater, and am a horse-keeper. I was in Devonshire-street on Friday, the 17th, and I was accused of stealing the waistcoat, having a smock-frock on—it was brought to be pawned at Mr. Bretton's by a young man who goes by the name of William Smith—he took it from the shopman, who refused to take it in, and he met the two prisoners, and said, "Take it, I will have no more to do with it"—I had the policeman with me, and gave them in charge.
JOHN WILSON (police-constable D 72.) I found the two prisoners standing at the corner of Homer-street—I took them to the station-house after a great deal of difficulty—Fletcher made great resistance—I took them both, and when I got them into the dock at the station-house, I saw Fletcher drop this waistcoat—I took it up—he said, "I know nothing at all about it."
(Property produced and sworn to.)
Maile's Defence. I was coming down Lisson-grove on the 17th of November, and saw this boy at the corner of Devonshire-street—I went to my brother's—in coming back I met him again—he asked if I was going home—I said, "Yes"—he said, "Wait a minute, I am going your
way;" and then the policeman came and took us both—I did not know of his having a waistcoat till we got to the station-house.
Fletcher. This is my first offence; I hope you will have mercy on me.
RICHARD HANCOCK (police-sergeant T 10.) I produce a certificate of Maile's conviction, which I got from the Clerk of the Peace, at Clerkenwell—I was present when the prisoner Mail was tried—(read)—he is the person.
MAILE— GUILTY . Aged 14.
FLETCHER— GUILTY . Aged 14.
Confined Six Months.
JAMES APLIN . I live in Eastfield-street, Limehouse, and am a waterman in the Customs. This coat was in my use when I watched at night—it is worth 2l.—I left it in my watch-box, and missed it about half-put six o'clock in the morning—I saw the prisoner about that night—it might have been taken about half-past two o'clock.
Prisoner. Where did we first meet together? Witness. By Ratcliffe-highway, at the top of Gravel-lane—we did not have any thing to drink together—he wanted to go into the Dock, and asked for New Gravel-lane—I told him I was going there, and showed him—he was hanging about there some time—I did not take him down to the box with me—it is customary, when one Custom-house officer relieves another, to enter "first watch, second watch, and third watch:"—I entered "second watch."
JOHN AARON . I live in Whitechapel-road, and am a pawnbroker. This coat was pawned with me by the prisoner, I believe—I have every reason to believe it was him from a recollection of his person—it was pawned for 10s., about nine o'clock in the morning, on the 24th of November.
SAMUEL TAYLOR (police-constable N 69.) I was on duty at Rattle-bridge on the 26th of November—the prisoner came to me, and said he wished to give himself up for stealing a coat, in Gravel-lane, from a Custom-house officer; and when he got to the station-house he told me he pawned it, opposite Whitechapel church—that is where Mr. Aaron lives—he said he wished to give himself up, he did not wish to get into further trouble, and that he came out on Sunday evening with the purpose of committing another robbery.
Prisoner. Did I make any observation on the nature of the offence? Witness. You said you wished to give yourself up—it poured with rain at the time.
COURT. Q. Was he right in his senses? A. He appeared so, and quite sober—I found nothing on him but a song-book and a pipe.
(Property produced and sworn to.)
Prisoner's Defence. I had been escorting a man to his home who was in liquor, and they treated me and gave me money—I then met the prosecutor, he staggered against me—I said, "My friend, the pavement does not seem to be wide enough for you"—he said he had been with some friends—I said, "Make your way home as quick as you can"—he said, "I am a public officer, I have got 2d., I am going to get a drop of beer"—I said I should go and have a drop—I went in, we drank a pot of beer, and half a pint of gin—I related my case to him that I had no where to go, that I had been nineteen years abroad, and when I returned I bad not a relative alive—he took me down to his box, and said he would give me a warm place for the night—we went down, he relieved the officer, and then
he took a book, and entered in it "mid-watch," and signed his name—it was then two o'clock—the officer he relieved said to me, "You are a rum Jim"—I went into the box, the prosecutor gave me this coat to put on, and he buttoned it up—"Sit there, my boy, (says he,) and keep yourself warm for the night"—this he will have to answer for before the great tribunal—I gave him some money to go and fetch some beer for his kindness, and I gave him a handkerchief to put round his neck—he absconded, and I saw no more of him till four o'clock—I thought he had gone to some public-house with my little money which I gave him—I went in pursuit of him, but could not find him—I strolled away till I came to Mile End—I saw allseed fixed to a public-house—I sat down there and fell asleep—when I awoke, it was day light—I went and got a pint of beer and some gin—I went on and met a man, who said, "That is a good warm coat you have got on? "—I said, "Yes," and told him how I got it—he said, "If I was you I would go and pawn it"—which to my shame and sorrow I did—and this is the first time I was brought before a bar for any thing; and here is a man who comes to swear away the liberty of an honester man than himself—now what do you think of this—I submit my case to you. and bow with submission, humility, and respect, to your verdict.
JAMES APLIN re-examined. Q. Were you at all the worse for liquor? A. Not at all—I did not allow the prisoner to sit in my box, nor to wear my coat—I did not button it on him—I did not borrow a handkerchief of him, nor receive any money—I did not drink with him at all—he wanted to go into the Dock, and I told him it was after hours—there is no truth in what he says—I saw him, that was all—he did not go with my permission into the watch-box—I did not go into any public-house.
Prisoner. I will mention the house, it is in Brook-street, and he entered into conversation with the landlady about a friend of his who was servant there. Witness. No, my Lord, I did not—I know where I saw this man, it was at the top of Gravel-lane—I did not go into any house before nor after I saw him.
Prisoner. Q. How much money had you? A. None at all—I had had my supper at home, and then came on duty—I got no refreshment after that—I was only absent from the watch for a short time—at half-past two o'clock—I did not miss the coat till half-past six o'clock, because I did not go into the box—the door was open.
COURT. Q. How came you not to wear the coat? A. I had the one on which I have on now—I did not feel cold—I distinctly swear that I did not permit the prisoner to have the use of the coat.
Prisoner. It don't stand to reason that he should leave it in the box and go walking about without it—he has perjured himself, and at the great day of judgment it will be seen—he will find out he has been guilty of perjury as sure as ever a man trod in England—I thought he had a better conscience, but it seems his conscience is asleep—I would have had the landlady here, and his brother officer, that he relieved, if I could.
GUILTY . Aged 30.— Confined Three Months.
163. WLLIAM SMITH was indicted for stealing, on the 30th of November, 18 yards of linen cloth, value 1l. 7s.; 2 bottles, value 3d.; and 3 pints of wine, value 7s., the goods of James Bailey, and another, his masters: to which he pleaded
GUILTY . Aged— Confined Three Months.
164. MARGARET MOORE was indicted for stealing, on the 9th of November, 1 gown, value 8s.; 1 cap, value 6d.; 1 apron, value 6d.; and 1 petticoat, value 1s.; the goods of Maria Denning: 1 hearth-rug, value 2s.; and 1 shawl, value 1s.; the goods of Thomas Freeman.
MARIA DENNING . I live at Mr. Freeman's house, near Gravel-lane-the prisoner lived in the same house—I was ill one evening, and the prisoner came to light a fire in my room—upon my getting out of bed I missed, flannel petticoat, an apron, cap, and gown of my own, and shawl and hearth rug, belonging to Mrs. Freeman—her husband's name is Thomas—I haw seen the gown in possession of Mr. Spooner, and the petticoat in possession of Mr. Jones.
SARAH FREEMAN . My husband's name is Thomas Freeman. I let lodgings—it is a very quiet house—we let lodgings by the night—I saw the prisoner go out with the hearth-rug, about three o'clock in the afternoon of the 9th of November—I thought she was going with the intention of shaking it—I had lent a shawl to Denning the night before—the prisoner was brought to the lodgings a fortnight previous—I let the bed to her and a young man—she slept there four nights with him, and for eight nights I gave her a lodging.
JAMES ROOKE (police-constable K 245.) I took the prisoner, and took a shawl and cap from her person—on her way to the station she gave me the duplicate of a petticoat pledged for 6d., at Mr. Upsall's, Ratcliffe-highway—this is the shawl and cap.
Prisoner. She told me I might have them, as my own things were not ready. Witness. No, I did not—I had no others to wear—she left the house, and took them away with her.
GUILTY . Aged 17.— Confined Six Months.
MICHAEL CANTY . I am an apprentice to Mr. Charles Minton, of New Gloucester-place, Hoxton, a tailor. On the forenoon of the 18th of November I was in the passage, and saw the prisoner Weaver run out with a work-box between his hands—he came from the parlour, and went out of the front door—when he was a few yards off Payne joined him—Payne was stopped, and Weaver dropped the box, and made his escape—this is the box—I had seen the prisoners a few minutes before, lurking about the door.
FRANCIS MOLLAND . I live at No. 7, New Weston-street, Borough, and am a town traveller. I was in Myrtle-street on the 18th of November—I heard the cry of "Stop thief"—I turned, and stopped Payne—Weaver dropped the box, and made his escape.
Payne, I was coming out of Gloucester-street, and going down Myrtle-street I heard the cry of "Stop thief," and ran, and was stopped—I never saw the other prisoner before.
MICHAEL CANTY re-examined. I am quite sure that payne joined the other boy—they were together previous to the robbery—they stood together at the door—I was taking some dung into my master's garden, and I saw them within a few yards of where I stood—they were there three or four minutes before Weaver ran out with the box—Payne was at the door—they ran off together, and he got the start of him—I did not see them speak together.
WEAVER*— GUILTY . Aged 18.— Transported for Seven Years. PAYNE— NOT GUILTY .
THOMAS NORRIS . I am shopman to Susan and Charlotte Batterson, of Regent-street, hosiers and glovers. On the night of the 18th of November I missed a gown from a block outside the shop door—it belonged to the persons I have mentioned—I went to New Burlington-street, and found the prisoner in custody there, and the officer had got the dressing-gown—I had seen it safe at the door about ten minutes before.
MARK TEASDALE (police-constable C 168.) I was in Regent-street on the night of Saturday, the 18th, I saw the prisoner take the dressing-gown from the block, and run down New Burlington-street—he threw it over the area rails—I took it, and pursued him, till I took him—I never lost sight of him.
Prisoner. Q. Did you notice whether I did not stoop?—the gown was lying down. A. No, it was not—I saw the block, and him, and all—it was fastened to the block with pins.
Prisoner. I picked it up at half-past eleven o'clock on Saturday night.
GUILTY . Aged 21.—Recommended to mercy by the Prosecutrix.
Transported for Seven Years.
167. JOHN WINFIELD and PETER GILL were indicted for stealing, on the 18th of November, 2 1/2lbs. weight of beef, value 1s. 8d.; 4oz. weight of mutton, value 3d.; and 2oz. weight of liver, value 1d.; the goods of William Tebbenham, the master of John Winfield.
WILLIAM TEBBENHAM . I am a butcher—my house is in Stratford, but my shop is Bow. Winfield was my shopman, and I employed Gill occasionally—the meat I lost was worth from 2s. to 3s.—Gill was brought to me, with some meat in his possession—he said it was the first time he was ever guilty of any thing—he went on his knees and begged me to be merciful—I said that would be an after consideration.
Cross-examined by MR. BODKIN. Q. Was this on Saturday? A. Yes, Saturday night—Gill had been employed that day—his labour ceases when
the shop is closed—then he was no longer my servant—he had meat in his possession when brought to me.
EDWARD SHAW . I am a police-sergeant. I was on duty in High-street, Bow, on Saturday night, the 18th of November—I was opposite the prosecutor's shop at half-past twelve o'clock, and saw the two prisoners at the prosecutor's shop—I saw Mr. Tebbenham leave the premises—Winfield shut up the shop, and he told the shopboy he had no business there, his master wanted him—he went away, and when he was coming back, the light was put out, and I saw Gill leaving the premises—I took him, with 21bs. of beef-steak, and a mutton chop, and some liver, to the prose cutor—he said, in Winfield's presence, that he (Winfield) gave it him.
Winfield. I did not give it him.
GILL— GUILTY. Aged 68.—Recommended to mercy by the Jury and the Prosecutor.— Confined Six Days.
WINFIELD— NOT GUILTY .
JOHN PARKER . I am a policeman. On Saturday night, the 18th of November, I was on duty in High-street, Bow, and saw Mrs. Tebbenham standing by her door-way—I bid her good night, and she went away—I then heard the prisoner say to the boy, "You are not wanted; you had better go away"—they were shutting the shop up—I stood on the opposite side of the way, and saw the prisoner go to his lodgings, and then I went with the sergeant to the prosecutor—I went with Mrs. Tebbenham to the prisoner's lodgings, and said to him I supposed he knew what we came about—he said no—I said, "We come for the piece of meat that you brought away from the shop to-night"—he firmly denied it—I said it was no use—he then took this pork out, and said, "I have only got one piece; this is what I brought to-night," and then I went to the cupboard, and saw some more pork—he then took. up a knife, and said, "I don't know what business you have in my place; we will have a row"—I advised him to put it down—I took out my staff, and then he put it down.
Cross-examined by MR. BODKIN. Q. Did you say that before the Magistrate? A. I say it now-—I said, "We have come for some meat you have taken away to-night"—he said he knew nothing about it, and then he said he had only got one piece, and produced it.
Prisoner. I was eating my supper. Witness. No, it was on the table, but he was not eating.
Cross-examined. Q. When you saw it produced you saw there was a bruise on it? A. I had seen it before, it was killed sixty miles off—there was only one pig came that day—I do not know how many pieces I cut it into—I know this had not been sold—if it had it must have been to a different person to the prisoner—he has been in my service seven years next February—he has left me at intervals—I have discharged him and taken him again—he had 9s. a week and his board, and allowance-money, 1s. 6d., and the privilege of killing pigs, as many butchers' men have, for which he gets 1s. 6d.—he was allowed to eat on my premises—he has bought meat of me—he did not always pay for it when he took it—on the
morning of the day in question he had half a pig's head, which came to 2s. 7 1/2d.
Prisoner. I never robbed him before in my life.
GUILTY . Aged 26— Confined Three Months.
WILLIAM MULLINS . I live in Sovereign-street, St. George's, and am a basket-maker. I was in the habit of employing the prisoner to take out work of mine, and receive money on my account—on Wednesday, the 8th of November, I sent him with twelve baskets to Mr. Wise, a fishmonger, which came to lis—I never saw him again till he was in custody—my wife gave charge of him, and I went down—he said he was sorry for it, and he bad spent the money—he told my wife so, but not in my presence—she is sot here.
MATTHEW WISE . I am a fishmonger, and life in St. Martin's-court, Ludgate-hill. I received the baskets brought by the prisoner, and paid him 11s. in silver at the time—the money was given for Mr. Mullins.
Prisoner. Q. Were you in the shop? A. Yes, and Mrs. Wise was in the counting-house with a gentleman.
Prisoner. You asked me if I had the bill—I said "Yes," and handed lit him, and in the mean time the gentleman retired, and his wife paid me four half-crowns and one shilling in my hand. Witness. She handed it to me first, and I gave it to you.
Prisoner. It is false—she laid it on the ledge, and I took it up.
Prisoner. I spent it with the intention of giving him it again.
GUILTY .* Aged 21.— Confined Two Months.
THOMAS SHONE . I live in King's Parade, Chelsea. On Tuesday, the 21st of November, I was in Drury-lane—Horsford brought the prisoner to me—I felt my pocket and missed my handkerchief—I had very shortly before made use of it, so as to know it was in my pocket—it was worth 4s.—it was a white silk handkerchief with a red border.
WILLIAM HORSFORD . I am a constable of the Mendicity Society. I apprehended the prisoner in Drury-lane—he was in company with another—they passed by the prosecutor—I made a sudden stop—he passed on, and when he came opposite Orange-court the prisoner, with his left hand, drew from his right-hand coat pocket a handkerchief and ran into Orange-court—I ran and took him, and called the prosecutor, and took the prisoner to Bow-street—I found 3s. 6d. on him, but no handkerchief—I do not know whether he could have dropped it or given it away—it was a dark court—his associate ran away.
Prisoner. He dragged me to a shop window, and said he was sure I Had the handkerchief—he took me to Bow-street, and said he knew I had got it—I was not going down Drury-lane at all—I was coming up Orange-court.
GUILTY . Aged 19.— Confined Six Months.
JAMES WILLIAMS . I live in Cornwall-street, and am a sailor. On the 30th of October I went to work on board the Lowther, in the London Docks, in the room of Benjamin Williams, the cook—the prisoner came an board—I saw him with a jacket on—he had none when he came on board—I called to him, but he went on shore and got away—I afterwards found him at the Paviors' Arms, with the jacket still on—I said to him, "If you don't mind you will get yourself into trouble about that jacket"—I went after Benjamin Williams, but could not find him, and then I went home,—Benjamin Williams came to the public-house, found him, and tot for me.
Prisoner. I asked him if he was coming on shore, and he made no answer, and I never saw him again—he asked me to sell it and give him half the money, and because I would not do it he said he would make money of me. Witness. No, I said nothing of the kind—I knew he had no jacket on when he came on board, and hardly any shoes, and no stockings.
BENJAMIN WILLIAMS . I lost my jacket from on board the ship, and found it in the house where the prisoner was—he said he had no jacks and had not seen it—a man took up the jacket and held it up, and I said, "That is the jacket, I will swear to it"—he said he knew nothing about it—I said, "I will take you to where your master and mine will settle it, "and I took him to the station-house—this is my jacket.
GUILTY . Aged 19.— Confined Three Months.
172. JOHN WATTS, JOHN RICHARDSON , and WILLIAM BATCHELOR were indicted for stealing, on the 20th of November, 3 keys, value 1s.; 1 purse, value 2d.; 2 sovereigns, 1 half-sovereign, 4 half-crowns, and 3 shillings; the goods and monies of Richard Coope, from his person.
RICHARD COOPE . I live at Stockbridge-terrace, Pimlico, I am not in any business. In the afternoon of the 20th of November I was walking up the passage leading from New-street to St. James's Park—the passage was very much crowded indeed—when I got into New-street I missed my purse and keys—the purse contained two sovereigns and one half-sovereign, four half-crowns, and three shillings—it was a very singular purse—it was folded up—when I got to the top, after I had been dreadfully squeezed by the prisoners, a person came up and said, "Have you been robbed?"—I said "Yes, of my purse and keys; I don't mind my purse, but I don't like to lose my keys"—I saw the policeman had got the prisoners, and took them to Bow-street—I said, "I can tell you what the coins were"—they counted the money, and found it was exactly the case—Watts said, "It is my money, it was taken out of my pocket"—I said I had the same—the money corresponded exactly with what I lost—the gold was gone, but the keys and silver were produced.
Cross-examined by MR. PHILLIPS. Q. In fact you did not like to prosecute? A. No, but they said I must—I am a collector of these kinds of coins—I was squeezed by five or six of these people—I endeavoured to get away, but could not, when these chaps doubled in upon me—I was going to Farrance's to buy a cake—I cannot tell how many persons there
were—-I never saw such a crowd in my life—I got dreadfully squeezed—I saw Richardson in the Park—I cannot tell whether he put his hand into my pocket—I pushed the other people—I do not think I did any thing with violence.
Cross-examined by MR. JONES. Q. Was this at the pastry-cook's, in the corner of the passage? A. To he sure it was—I went to the pastry-cook's shop after the squeeze, and borrowed 1s. of one of the police.
THOMAS BLOSSETT . I am a constable of Co vent Garden-market, and live in Horse Ferry-road. On the afternoon of the 20th of November I was with James Jones in St. James's Park—I saw the prosecutor enter the passage which leads to New-street, followed by Watts, Richardson, and Batchelor—Richardson was close to his back, and Watts on the side of him, and Batchelor by the side of Richardson—as they were going up the steps into New-street, I saw Watts drop the three keys, which I now produce, from his left-hand—I picked them up—he was then close by the prosecutor's side—when he lifted up his foot I took up the keys—the prisoners turned—I was behind them, and they pushed me—I secured Watts, and gave him to Jones; then took Batchelor, and gave Richardson to a police man—Batchelor said he had done nothing.
Cross-examined by MR. PHILLIPS. Q. On your oath, did not he say more than that? A. He might, but I did not pay attention to it—he asked me why I took him at all—when I took Watts they were all close to one another's shoulders—I took Batchelor and Richardson about fifteen yards from the steps of the Park—they were going from the spot where the keys were dropped, into the Park—the Queen had then passed through the Park to the House, but had not returned again.
Cross-examined by MR. JONES. Q. Were there not a good many other people as near Mr. Coope as the prisoners? A. No—there were, a good many close to the prisoners—I was at the back of them—I was coming from Bow-street, where I had been on a case of felony, and was going to the Park—I took the keys from under Watts's feet—he was going up the steps—he had just got one foot on the upper step and one on the lower step—the keys were under that, and as he moved his foot 1 took them up—they dropped on the steps—I cannot tell whether it was the first or second step.
JAMES JONES . I live in Little George-street, Westminster. I was with Blossett, in St. James's Park—I was close at his back, when I saw the prisoners about half way in the passage—I saw Watts drop the keys from his hand on the steps—I saw my brother officer pick them up—I caught hold of Watts when he pointed him out—he said I was wrong, he had done nothing—he said I was drunk—I secured him—one of the police told him to go, and then he went quietly with me—I found on him three shillings, and three handkerchiefs—I received four half-crowns and three shillings from George Weston, a police-serjeant—I searched Richardson, and took from him seven pence, I think, and one handkerchief—Batchelor had one half-crown, two shillings, and one farthing.
Cross-examined by MR. JONES. Q. Were you and Blossett in a line together? A. No—I was close behind him—there was a very great crowd—Watts was on the left of the gentleman, and my brother officer was close behind the prisoners and the gentleman—there were other people by the side of me and Blossett—the prisoner was higher than I was—he was ascending the steps, with his hand down by his side—I was looking at the steps
to go up—Blossett picked up the keys—they were on the second or third step—after Watts was taken, I did not go to his lodgings—I do not know whether Blossett went—I took one handkerchief off his neck and returned it to him—I did not ask him about the three handkerchiefs I found on him—they were scarcely of any value—he told me he had some unfortunate complaint which rendered it necessary for him to carry them about him.
JAMES WHIPP (police-constable D 86.) I took Richardson at the desire of Blossett—he was down the passage—I laid hold of him—he said, "You have no occasion to lay hold of me, I have done nothing"—I took him to Bow-street—he was three or four yards from the steps, on the Park side.
Cross-examined by MR. PHILLIPS. Q. I do not know what you mean by down the passage? A. A few yards from the passage.
Cross-examined by MR. JONES. Q. Did you go to Watts's lodgings! A. I did not—I do not know who did.
GEORGE WESTON (police-constable F 15.) At the station-house, in Bow street, I took four half-crowns, and three shillings from Watts—I gave them to Jones the constable—I found them in his left-hand breast pocket.
Cross-examined by MR. JONES. Q. Did you go to Watts's lodging? A. No, I did not.
RICHARD COOPE re-examined. This is a King William half-crown—this is the third coinage of King George the Fourth—this is the first coinage of George the Third—this is the second that was struck with the garter round it—and these three shillings—that was the money I described Watts said, "Oh, I had the same in my pocket"—I will swear I had four of that sort—the two sovereigns, and half-sovereign, and purse, are gone.
Cross-examined by MR. JONES. Q. Were the half-crowns in the same. part of the purse where the gold was? A. To be sure they were—I intended to pay them away—the keys were in the left-hand pocket, and the purse in the right-hand.
(John Sweetman, foreman to a veterinary-surgeon, of Pulteney-court, Silver-street, Golden-square; and Joseph Butcher, of Drummond-crescent, gave the prisoner Watts a good character.)
WATTS*— GUILTY . Aged 40.—Recommended to mercy by the Jury.— Transported for Ten Years.
RICHARDSON— NOT GUILTY.—BATCHELOR— NOT GUILTY .
Sixth Jury, before Mr. Sergeant Arabin.
ANN RAINBIRD . I am the wife of William Rainbird, of Portman-street, Clare-market; my husband is a broker. On the 21st of November I saw the prisoner with a table on his shoulder—I said, "Stop him"—he walked fast, and was stopped in Stanhope-street—this is my table.
Prisoner. I came from Scotland three weeks ago, and could not get a job—I took the table, and was detected.
GUILTY . Aged 64.—Recommended to mercy by the Jury.—
Confined Eight Days.
FRANCIS GOSTELON . I know the shop of Joseph Boyce, I live very nearly opposite to it, in the Kingsland-road—on this day week I was standing at my door, and saw the prisoner come out with two tables, one under each arm—I had not the least idea they were stolen. but Mr. Boyce was two doors off, and saw him and stopped him—I said, "He has surely not stolen them"—"Yes, (says he,) he has"—the policeman was just there and took him.
The prisoner pleaded poverty.
GUILTY *—Aged 19.— Transported for Seven Years.
DANIEL MORIARTT . I am a saddler and harness-maker, and live in Berwick-street, Soho. The prisoner had been in my service from five to six months—he was employed to receive money—on the 20th of November I sent him to one of my workmen, who was authorised to receive rents of some houses, to bring the money to me, with a message to collect further rents—he did not bring me the money he should have received, 1l. 4s. 6d.—he did not return the same day, but the day following—I then made inquiry and found he had received it—he ought to have accounted immediately on his return.
Prisoner. The money was converted to my own use, but I did not do it with a felonious intention—I had the money at home, but I had not reached home when I was taken—he met me in the street and gave me into custody—-my wife and brother brought the money down the following morning—had I been home, or to the shop, without accounting for the money, it would have been a different thing, but I could have replaced it—I had received greater sums of money than that for him—I never was guilty of a dishonest action.
DANIEL MORIARTY re-examined. He was paid by the piece on Saturday night—this was received on the 20th—I discovered it was lost on the Tuesday following—I met him drunk, and the answer given to my inquiries by him was that others had robbed me, and he considered there was no harm in doing it.
NOT GUILTY .
in Durham-place, Hackney-road. On the 24th of November I saw the prisoner near the shop—he passed by with another one—after that 1 was standing in the shop, serving some customers, and saw him pass the window, come in, and draw the trowsers out of the shop—he ran off—I pursued, and took him with them—they are my master's trowsers.
GUILTY . * Aged 21.— Transported for Seven Years.
JAMES HUNTER . About four o'clock in the afternoon of the 26th of November I was in the Commercial-road, and observed the prisoner and another walk as close after me as they could—I looked over my shoulder, and saw the prisoner and another walking fast—I then walked slowly till we came to Albion-street, where they turned down—I felt, and my hand kerchief was gone—I called the police, and pursued them—they parted—the prisoner was taken—one of them threw something into a passage of a door, but my handkerchief has not been found.
WILLIAM CLAY (police-constable K 278.) I was called about four o'clock—the prosecutor said, "I have lost my handkerchief, come with me"—the prisoner and another saw me coming, and the other one got into a house about six doors down Albion-street—the prisoner attempted to go in, and chucked in a dark handkerchief, and when I came opposite the door it was shut—I pursued the prisoner, and he ran me down Albion street, till he came to a court in Duke-street—I then caught him, and brought him back—I found one handkerchief on his person, which I produce—I asked the gentleman if it was his—he said, "No "—this is a silk handkerchief—the house he threw the handkerchief into is a bad house—the girl he cohabits with lives there.
Prisoner. I was sent on an errand for my mother, and was standing at this house—the policeman came and took me—I never had any handkerchief but this, which is my mother's.
GUILTY . * Aged 18.— Transported for Ten Years.
178. GEORGE FITLEN was indicted for stealing, on the 18th of November, 1 jacket, value 13l. 13s.; 1 pair of epaulettes and box, value 5l. 5s.; 1 cartridge-pouch, value 12l.; 1 belt, value 1l.; 4 pairs of boots, value 5l.; 1 flute, value 1l. 10s.; part of a cruet-stand, value 1l.; 2 decanters and case, value 2l.; 1 shooting-jacket, value 1l.; 12 pairs of trowsers, value 6l.; 5 waistcoats, value 2l. 10s.; and 2 caps, value 2l.; the goods of Opie Smith.
OPIE SMITH . I reside at present at Canterbury. The property charged in the indictment is mine—I was at Ingatestone, in Essex—I left the property in a chest of drawers in Mrs. Windley's house, who was to send it to the Eagle and Lion in Whitechapel, to be left till called for—I left there on the 8th—part of it is found, and belongs to me.
Prisoner. Q. Is the whole of this yours? A. Yes, all, except this handkerchief and black waistcoat.
ELIZABETH WINDLEY . I received this property from the prosecutor—it was packed up and sent by the carrier to be left at the Red Lion and Eagle in Whitechapel—it was in three boxes—I gave all the property to Mr. Stone.
Elizabeth Windley, and delivered them at the Lion and Eagle, on the 11th of November—I gave them to the book-keeper, one of Mr. Charles Batley's men, who was there—I have seen the prisoner there, but not when I delivered them.
CHARLES BATLEY . I am the proprietor of the Eagle and Lion. On the 11th of November I remember seeing the boxes brought, and saw them safe at half-past eleven o'clock at night on the 17th-—the prisoner was my servant at the time, and had been so six or seven weeks—I took him out of kindness—he had not a shoe to his foot—he was there at that time—I cannot say who took the box away—I locked the premises myself—he had left me a few days, but he worked for me a little that morning.
Prisoner. Q. Did you not tell me to clean myself, and go out without you to show horses? A. No.
DANIEL DURRANT . I am a policeman. On the night of the 18th I saw the prisoner walking along Whitechapel with a bundle under his arm—I followed him to Petticoat-lane—I then stopped him, and asked what he had got—he said, shirts, which he was going to take to Rose-lane—he walked with me to Wentworth-street—then he threw it down and said, "There, you b----, take that," and ran off—I sprang my rattle, and the sergeant took him—I took the bundle, and found these things in it
GIBBS LEEDS . I am a police-sergeant. I was with my brother officer in the middle of the night of the 18th—the prisoner threw the bundle down at the corner of Bell-lane—he ran off, and I pursued and took him—he had six waistcoats on, and five of them were belonging to the prosecutor.
Prisoner. I was coming out of Essex-street, and met a man who asked me to carry this, and I carried it—the policeman stopped me, and I threw down the bundle, and ran away—Mr. Batley says he locked his place at eleven o'clock, and I was at a public-house at half-past eleven that night.
GUILTY .* Aged 23.— Transported for Seven Years.
SAMUEL WRIGHT . I am a policeman. I was on duty in Covent-garden on the 17th of November, between eleven and twelve o'clock at night—I observed the prisoner try several gentlemen's pockets, by going behind them and feeling them—he was alone—I saw him go behind one gentleman at the end' of Bow-street, and take from his pocket this silk hand kerchief—he folded it up, and tucked it under his waistcoat—I took him, and sent my brother officer to bring the gentleman back, but I have not seen him since—I do not know his name, nor where he lives.
Prisoner. Q. What did the gentleman say? A. He said it was his property, but he refused to give charge of him—he would not go with me, and I have not seen him since—he said the handkerchief was his.
JOHN SPENCER COLBPEPER . I was with my brother officer, and saw the prisoner take the handkerchief from the gentleman's pocket—my brother officer took him—I ran after the gentleman—he said he had lost his handkerchief—he came back and said it was his handkerchief, but he would not go to the station-house—I asked his name—he would not tell me—he wanted us to give him his handkerchief.
(George Atkinson, a watchmaker, of Ironmonger-row, gave the prison a good character.)
GUILTY .* Aged 19.— Transported for Ten Years.
180. MARY ANN PARISH and LOUISA EDWARDS were indicted for stealing, on the 28th of November, 1 petticoat, value 1s. 6d.; 1 coverlid, value 1s. 6d.; and 1 window-curtain, value 1s.; the goods of William Butland.
CHARLES JUTSUM . I am in the service of William Butland, a pawnbroker and jeweller, in the Whitechapel-road. On the 28th of November the prisoners came—I had seen them before a number of times, and I know them well—they came at about half-past two o'clock to take out a piece of cotton for 8d.—I asked them to take down a sheet and patchwork, which Parish did, and gave them to me—then she got on the steps and took down a window-curtain, a quilt, and flannel-petticoat, and chucked them on the ground; she got down the steps, and pulled the prisoner Edward's cloak, and pointed to her to take them up—Edwards took them up, and put them under her cloak—I called my master—he went over the counter and opened her cloak—I saw the articles, and she dropped them—I went for the policeman.
Parish. When I went to take the things out, you said, "Mother Parish, will you take down these things"—I said "I can't reach them"—I got on the steps, and threw them down—you said, "You may give me the others down"—I got them, and you took what you wanted, and I hung the rest up again; then you called your master, and said that Edwards had got some things under her cloak, and these things were behind her.
Edwards. They fell off the counter—I never had any thing under my cloak.
NOT GUILTY .
WILLIAM PATISON HUNTER . I am a Commoner of Magdalen Hall, Cambridge. On the 13th of November I came out of Paternoster-row, and walked on to opposite Foster-lane—I felt a fumbling at my pocket—I turned, and saw the prisoner with my silver snuff-box in his hand, which had been in my pocket—I seized the prisoner and another with him—we struggled some time—I saw the snuff-box several times in his hand—he threw me into the gutter, and then I lost sight of the box, but I kept him some time, and then he got from me, ran up the lane—I pursued, and he was taken, but my box was gone—it was a large one, with a silver chasing—I was about two feet from the window of a large umbrella shop—I saw this plainly by the gas-light.
Prisoner. Was it like this box?—(producing a tin box.) Witness No; it was a large silver box, with peculiar chasing—I saw the box several times in your hand, till you threw me.
Prisoner. I was going along; and had this box in my hand, taking bit of tobacco out, and then this gentleman turned and took me.
GEORGE HAZLEWOOD . I am a police-constable. I searched the prisoner—he had no snuff-box on him at all that night at the Compter—I found this duplicate on his person, also a comb, and some money, which I left with him—he had no box on his person then—I suspect it was given him the next morning by a person who called on him.
GUILTY .* Aged 24.— Transported for Ten Years.
OLD COURT.—Monday, December 4th, 1837.
Fourth Jury, before Mr. Sergeant Arabin.
MARY ANN MILLER . I live with my mother, in Stanhope-street, Clare-market. I am a servant out of place—in the middle of October I left my box at Mr. Johnson's, it Clare-street—it contained the articles stated in the indictment—I had seen them safe in it about a week or fortnight before the 11th of November, when I had the prisoner taken into custody—I have seen her before, but did not know her—she charred at Johnson's house—I had left the key in my box.
Cross-examined by MR. PAYNE. Q. How came you to leave it at Johnson's? A. Because my mother was going to move her lodging.
CHARLES JOHNSON . The prosecutrix left her box in my care—it was under my bed—I know it was safe on the 5th of November in my possession—the prisoner was a poor woman in great distress, and I took her in to wash and char for me—I gave her shelter and food, but no money.
Cross-examined. Q. Did not she ask you to keep it a few days for her? A. She came next day and said she hoped I would not sell it, because she would come and buy it again of me.
GUILTY . Aged 20.—Recommended to mercy by the Prosecutrix.
Confined Three Months.
RICHARD BATTLE . I am in the service of William Allen and his partner, drapers, in High-street, Marylebone. On the 30th of November, at half-past nine o'clock at night, I heard the cloak-stand move, which stood in the shop—I was behind the counter—I looked out at the door and saw the prisoner with a cloak over his shoulders, which had been on the stand—I ran out, hallooing "Stop thief," and never lost sight of him till he was pursued by the policeman—he was stopped in my sight, and dropped it in the mews—I lost sight of him for about five minutes after the policeman joined in the pursuit—the cloak was picked up in the way he had run—I am quite sure he is the person—he had got three or four yards from the shop when I saw him.
Prisoner. You did not see me steal it? Witness. No, I saw it under your arms—our shop is about eight yards from the corner of the street.
CHARLES HENRY CURRIE . I am a policeman. I was standing at the corner of Bowling-green lane, in High-street, and heard the cry of "Stop thief "—I saw the prisoner running with the cloak on his shoulder down the mews—he gave me chase round a coach—I caught hold of him—he said, "What are you taking me for, I am running after the thief"—I said.
"Well, I have got the thief"—I found the cloak behind the coach in the mews.
Prisoner. Was not I hallooing out "Stop thief?" Witness. Not that I heard—I never lost sight of him—I am certain he is the man.
Prisoner's Defence. I was coming along by the shop—there was a great crowd of people—there was a row, and my brother stood calling the policeman—there was a cry of "Stop thief," and the policeman stopped me.
GUILTY . Aged 23.— Transported for Fourteen Years.
Before Mr. Justice Park.
GUILTY .— Confined Three Days.
Before Lord Chief Justice Denman.
185. ST. AMAND BEREMBERT was indicted for unlawfully endeavouring to persuade and induce Robert Ashby (without authority) feloniously to engrave on a certain plate a promissory note, purporting to be a note of the Bank of Louisiana. of the United States of America.—Other COUNTS, varying the charge.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
ROBERT ASHBY . I am an engraver, and carry on business in King William-street, City. I am in the habit of engraving cheques and drafts, and instruments connected with banking business—the prisoner came to my house early in October—I do not recollect the particular day—he produced this note to me—(looking at one)—I am acquainted with the French language sufficiently to negotiate on a subject of this kind—the prisoner stated that he understood all I said to him—he spoke in French and I answered him in French—he said, he wanted some notes done similar to that, and asked me what the price of a plate would be—I told him there was a great deal of very nice work, and it would be difficult to give any price, but I thought twelve or fifteen guineas—he then went away—he said he wanted them done like that—that was the expression he used—there was very little more said that day—he took the note away with him—he came again on the 24th, and produced the note again—he said he had come again and brought that note, and wished to have that and several others engraved, and said he would give me a list—it was to be for fives and tens—this is the paper he gave me—I wrote down, from his dictation, 5, 10, 50, 100, 500, and 1000 dollars, or piastres—the word he used was piastres—I presumed he had brought the note as a pattern, not to be followed immediately, but to show the kind of thing he wanted—I said, "I presume this is the form you wish attended to"—he said he wanted a facsimile of that—I then took his order—I said, I must have a reference—he said he knew no one in London, but he would give me a reference to his uncle, who was then residing at Margate, but who did live in New Orleans—I then told him I must have a respectable reference in London, but in the mean time I would go on with the plate, which was to be finished on the 7th of November—he has written "Mons. Jaco and Co, Margate, De la----,
Orleans" on this paper, besides the amount of the notes—I wrote on a slip of paper that a respectable reference was indispensable, and gave it to him—I told him as well as I could in French, and wrote it on paper also—he took the paper away with him—I did not see him on the 7th of November, but he came on Saturday, the 11th, and produced this letter, which said he had brought from his uncle—(read)—" Sir, I have been very disposed and am so still; but, happily, I do not think I shall have occasion for my nephew to-day; so I send him to you, in order to receive the copper-plate you have engraved for me, and the pattern-note he gave you that purpose; he will hand you 8l., and I intend to send you, to-tomorrow or next day, the six other notes, after I shall have seen the workmanship you have performed, and the proof; you will send me these)altogether; what you ask me for in your note, which you have given my nephew, I shall be able, when I come to London, to give you reference and security, Mr. Walker is my intimate friend, and he I inform you as to my probity, as well as the correctness of the affair I you to remember, it was not my fault I did not call on you sooner; but the gout, which still hangs about me, made me afraid I was going to; and on that account I kept my nephew with Mr. Walker will give you every information respecting me—12, Queen-street, at Mr. Roberts, Ramsgate, 10th November, 1837."
Q. Did he produce any money when he produced that letter? A. Yes, he produced eight sovereigns—I did not take them from him—I inquired him where Mr. Walker lived—he said he did not know his address—he was a friend of his uncle—he said he had come for the plate, bringing the letter, which he thought would be satisfactory, as he had brought the money—I told him the plate was not ready, and desired him to come again on the Monday following—in the mean time I had a communication with the house of Baring. Brothers; and when he came on monday morning, the 13th, I desired him to come again in the afternoon, which he did, and said he had come for the plate again—I told him it was finished—he was disappointed, but I told him he must come the next—he did so—I told him the plate was still unfinished, the workman had not completed it, and I could not give it to him—he was still disappointed—I prevailed on him to come on the Wednesday—that was the 15th—became that day, and I told him it was not finished—he then became very angry; 1 told him I had some difficulty about delivering the plate up, I did not quite like the appearance of the thing—I told him to write in French what he had to say, and he wrote it on this paper—(looking at it, which, being translated, was—" Give me the plate and the note, and on Monday I will bring you the address of Mr. Walker")—I said I could-not give up the plate without a satisfactory address; and afterwards he wrote, "Give me the note only," and signed his name to it—I still put him off till next day, the 16th, and on his coming then, an officer was there, and took him into custody.
Cross-examined by MR. ADOLPHUS. Q. You keep, I presume, a public, open shop? A. I do not keep it—I have a public, open establishment—the prisoner had no introduction to me whatever—I exhibit copies of engravings in my window, as an invitation to persons to come to me—I never engraved such a plate as this in my life—I could have done it—he produced it at the first interview, and said he wanted that and some others like it, only for different sums of money—he did not tell me where he lived, or where he was to be found—I did not ask him—every appointment
I made, except the 7th of November, he kept exactly—on one occasion, after he first came, I appointed for him to come on a Monday, and got a friend, who was a foreigner and spoke English well, to meet him-my friend remained all day at my house, but he did not come—that was in October—I never produced to him any sample of what I had done—I had never began the plate—I did not know it was against law to do it, but I knew, from his wishing a facsimile, that it was against law—I did not tell him so—I did not give him any caution at all—I gave him no intimation that he was doing any thing that might not be done in this country, nor that he was asking me to commit a felony—I first went to Barings—I do not remember the day—I saw Mr. Bates, one of the partners-he made an appointment for next day, and there I met Mr. Lawford, his solicitor—I saw the prisoner four or five times afterwards before I had him taken into custody—I told him nothing about the inquiry that was being made—some of the engine-work in this engraving cannot be done except by those who have the tools—Perkins and Heath do a great deal of, and I believe they first introduced it—it is done by others now—I can do it—the prisoner said that "Jaco & Co." was the firm of his uncle, at New Orleans.
GEORGE ELAM . I am shopman to Mr. Morrison, stationer, in Fenchurch-street—I speak French. In October last the prisoner called at master's shop, and asked me in French for some Bank-note paper, and produced foreign note to me—it was such a note as this—(looking at one)—I told him we had none of the paper, but we could get him some—he said he would call again, and did call a day or two afterwards, and I delivered him some pieces of paper, as samples—(looking at some)—these are two of the samples I produced to him—Mr. Morrison put this mark on them before I gave them to him—he said he should want two hundred reams.
Cross-examined. Q. The mark your master put on was this "21s. a Rm."? A. Yes—I do not remember the first expression the prisoner used—he asked if we had any paper like that—he began to speak in French to me—he spoke a word or two in English, but very little.
MR. CLARKSON. Q. In consequence of what he said, did you give him those two pieces of paper? A. Mr. Morrison gave them to him, and he took them away.
COURT. Q. You say now he asked for paper like that—you said before he asked for Bank paper? A. He pointed to it, and desired to have paper like that—he said in French that he wanted two hundred reams.
WILLIAM MORRISON . I am a stationer, and live in Fenchurch-street I remember the prisoner coming to my house—I marked these samples paper, 21s. per ream each, before I gaveit to him—Elam conversed with him.
Cross-examined. Q. You know nothing about him, I suppose? A. No.
GEORGE ACKERMANN . I live in the Strand—I am not an engraver, but we take in engraving—we are stationers and printers—we procure printing by type also to be done. The prisoner came to my shop several times about the latter end of September last, to procure samples of type—I understood him to say he should require several hundred pounds of type, for a French newspaper—he said it was for his uncle, at Margate—I procured him some samples of type—he called on two occasions—I gave him a sample at first which was not correct—he brought the same particulars, written down, respecting some other type, and I procured them—I have the type,
and also the impression from them—this is one of the samples—(looking at—he brought it back, saying it would not do—he never afterwards came for more—this specimen of type is composed of similar letters as the word, New Orleans," printed on the note.
Cross-examined. Q. This is entirely of your making? A. I was present when one of our printers delivered it to him—he gave me no sample he merely wrote down certain letters, which I was to procure for him—the first I got him would not do, and then he applied for this—I recommended him to have the whole alphabet—I presume the letters form the word "C. Robinson"—I did not know the prisoner at all before.
MR. CLARKSON. Q. Did you recommend him to have all the letters? Yes, thinking he could not procure samples without taking the whole alphabet—he said he did not want them—I cannot recollect in what order wrote the letters.
EBENEZER BROWN . I keep the Blue Anchor, in St. Mary-at Hill, near Thames. The prisoner came to lodge at my house on the 26th of September, and continued there four weeks and five days, previous to going to France—he left on a Friday, to go to Paris, as he said—he was gone about eight or nine days—he did not pay my account when he—he left a fifty-dollar note of the Louisiana Bank as security—he did settle his account when he returned—he remained at my house six days afterwards—I have left the note at home—I remember Forrester, the officer, coming to my house—he examined a box which belonged to the prisoner—I have seen the prisoner write at my house on several occasions—(looking at the letter produced)—I cannot positively say this is his writing, but I believe it is, to the best of my belief—I have seen him write two or three hands, and believe the name at the end of this passport to be his writing—(looking at it)—and also the name at the corner of this—(this was an entry from the Alien Office.)
Cross-examined. Q. You say you have seen him write on several occasions? A. Yes, I have seen him at the table writing, and in his room—I have not paid particular attention to the form of his letters—I cannot speak French—I can read it a little—I am aware that all French people have a peculiar character of writing—I could not distinguish his writing from other Frenchmen's—he writes a different hand to them, and I have a letter which I know to be his writing—it is not by comparison with that that I say this is his writing—I believe all these three to be his writing, though 1 have seen him write different hands.
Q. Did not he complain of having lost some property at your house A. He did—I should like to go into the merits of that—his box was in his bed-room—the door was locked, and the box also—Forrester took the papers out of the box—the prisoner was not present—he was in custody at the time—Forrester took all the papers he found—this letter was shown to me by Mr. Lawford, the solicitor, at the second examination—I should say this was the prisoner's hand—(looking at another letter.)
MR. CLARKSON. Q. Did Forrester describe to you who he was before he searched? Yes—I believe this letter to be the prisoner's handwriting.
MR. ACKERMANN re-examined. On the second or third occasion, when the prisoner came to me, and returned the type, he produced this letter to me, and said he brought it from his uncle—(This letter, being ready was signed "Pifard," who represented himself to be the uncle of the prisoner—it slated the samples of type were not sufficiently neat for the use of the journal,
and that he should have been in London had he not been suffering from the gout: wishing other letters to be made, and stating that six hundred weight would be wanted—it was dated, "Margate, the 2nd of October, 1837"—the papers found in the prisoners box were a passport granted to visit Paris on the 27th of September, and an entry at the Alien-office.)
DANIEL FORRESTER . I am an officer. I took the prisoner on Thursday, the 16th—I searched his person, and found several papers, two notes. and three keys—these are the notes I found on him—I went to the Blue Anchor either on the Friday or Saturday—I applied one key to a box showed me by Brown—it opened it—it was padlocked, and, I think, locked also—I found the passport and the entry there, and two pieces of Bank-note paper, which Mr. Morrison has spoken to, and one besides.
Cross-examined. Q. The prisoner was not there when you searched his box? A. No—I took a great many papers out besides these—I did not mark them when I took them out—I had them in my possession till I gave them up to Mr. Lawford last Thursday, when I marked some, and gave to Mr. Lawford, and the remainder I returned to the prisoner—they had beet in my possession about sixteen days—the prisoner had not access to then in that time, but I showed them to his solicitor, who examined them in my presence—I think that was a day or two after the second examination—I kept the papers in case they should be wanted—what I took from the prisoner's person I think I showed to Mr. Lawford on the next day, and those found in his box, on the Saturday or Monday—Mr. Lawford looked them over, and returned them to me—he did not say whether he should want the others or not—about Thursday last he looked over them again, some were then retained, and the others given to the prisoner—I marked those I took from his person before I gave them to Mr. Lawford, and the rest at the Mansion-house before I gave them to him.
WILLIAM JOSHUA BACON . I am an engraver and printer, and am one of the firm of Perkins and Co., of Fleet-street. On the 24th of October the prisoner came to my house—a gentleman named White, in my service, who speaks French very well, acted as interpreter between me and the prisoner in every thing that passed.
WILLIAM WHITE . I am in Mr. Bacon's employ—I understand the French language perfectly well. I faithfully interpreted to Mr. Bacon the conversation between myself and the prisoner on his coming to the house on the 24th of October—he had called the previous evening, and presented a twenty-dollar note, of the Louisiana Bank, wishing it to be copied perfectly, and wished to know the price of copying it, and the time it would take—we told him Mr. Bacon was not in the house, but would be on the following day, and it was agreed he should come and see him—he came the following day, and Mr. Bacon was then at home—Mr. Bacon asked him what right he had to have the note copied—I put the question to him—Mr. Bacon said, "Have you any house in London that you can refer us to, in order that we may know you are authorised to have this imitated? "—he said he had no house; that he was a merchant, who had a quantity of coffee, and other colonial produce; and in the course of his travels he was to have this copied, being himself a Director of the Bank; that he had nothing hut a viva voce order of the Committee of Directors—Mr. Bacon then stated to him, that as he had no house in London to which he could refer us, his errand was very questionable; though he himself might be an honourable man, which he did not doubt, he was going just the way any forger would to have a thing executed—on the previous evening he had said that these
notes had been made at New York, but in consequence of a quarrel which had occurred with the Bank they had withdrawn the notes from that house, and wished to have them executed somewhere else—I specified that the work was a very peculiar kind, which was seldom done any where but at our house and in America. and that it would take considerable time—he wished to know the expense, and said he had applied to a house, which our house was somewhat connected with, in America—he said he had come from France, and if he could not dispose of his produce advantageously here he should go to Rotterdam, where he could dispose of it—we said he must have some house to do business with—he said that he could not tell us hat house he was going to do business with—he had not yet decided what house to do business with.
Cross-examined. Q. Look at this note—you know, of course, the work of your own house—do you think any house in London besides yours could do such a note as that? A. As far as ray judgment goes, I think it—I cannot say Mr. Ashby could not do it—it is more in our line, I should guess—we have a peculiar mode of engine work which distinguishes our work from others—we generally work on steel—we should have done a small number of these on copper, but a large number on steel the machine would be the same whether on steel or copper—there is a: ret in our mode of working to a certain extent—it is a patent invention we know of no other house in London capable of doing it.
JOSHUA BATES . I am a partner in the firm of Baring, Brothers, we are sole agents in London, and I believe in Europe, of the Bank of Louisiana. It is a company recognised by the American Government, so far as this, that the United States have selected that as a bank of deposits—I have no knowledge of the prisoner, nor of the names attributed to him to-day—we last received advices from Louisiana some time in October.
Cross-examined. Q. Were you ever in America?A. I am an American, and was there ten years ago—I know the President of the Bank, who is now in Paris—our house negotiated the loan which forms the capital.
COURT. Q. Do you know that Louisiana is one of the United States of America? A. I do not know that, I do know that it is—I know that the Bank of Louisiana is situated in Louisiana—the Bank has been formed about five years.
MR. ADOLPHUS. Q. Of your own knowledge you know nothing about the Bank? A. I know nothing.
SAMUEL SANDON . I am an American. I left there on the 16th of October, this year—I lived in New Orleans for five years, but left there five years ago, as one of the Commissioners of the Louisiana Bank, to negotiate a loan on the faith of the bonds of the Bank—I know that the Bank of Louisiana is composed of a company of persons recognised by the States of America—they use these notes—(looking at the notes)—this is a genuine note-—I know these notes were received in payment of taxes previous to the 11th of May, when all the Banks suspended payment.
Cross-examined. Q. Have you seen any of the Directors or Governors during the five years you have been absent? A. I have seen the President of the Bank little more than a year ago—I saw him in London, in June or July, 1836—the note produced is a genuine note of the Bank.
COURT. Q. What is the date of the note? A. The notes are issued over and over again—this is dated the 13th of November, 1832, and it is a genuine note—I have seen the President write his name hundreds of times—these two are also genuine—(looking at them.)
GUILTY .— Confined Two Years.
Before Mr. Recorder.
GEORGE WHITBREAD . I am a mathematical instrument-maker, and live in Exmouth-street, Commercial-road. The prisoner Flesch lived opposite to me about five months—I first became acquainted with him about the 20th of September, when he introduced himself to me, by saying that he had lived opposite to me for five months, and stated that he was a general agent for Mr. Brandis, of King-street, Liverpool, and wished to knot if I would like to enter into a small speculation—I understood by his making signs to me, that it was a speculation in telescopes—I let him have three for five or six days—he then returned them, saying that he had letter from Mr. Brandis, saying that he highly approved of them, but was dissatisfied at their not having the maker's name on them, and I got my name engraved—he brought, at the same time, a paper with mathematical and philosophical instruments" written on it, which he said he took out of the dictionary, not knowing the terms, or any thing of the sort—I said 1 had a handled quadrant and microscope—I gave him an invoice of them made out to himself—those are not the goods in the indictment—he called on me again on Tuesday morning, the 3rd of October, and said, that on Monday evening he had been in company with Captain Jackson, at a sort of "free and easy," in Rosemary-lane, who had given him his card, and introduced himself to him, and he thought of doing business with him—that he had invited him to come and take tea with him that afternoon, and wished to know if I would let him have a sextant to show Captain Jackson-he had seen a sextant previously—I hesitated, and he felt hurt at my suspicions—I said I was very sorry, but as I had not received the money for the first goods, and (Thursday had not arrived when he said Mr. Brandi would call on me) I felt rather uncomfortable having let him have 9l. 13s. worth of goods, which were the three telescopes, quadrant, and microscope—I told him he might take the quadrant and show as a specimen, but as I sextant was a delicate instrument, I was afraid it might be hurt—he took the quadrant, and said he would return it in two hours, which he did, and then wished to know if I would bring the sextant and quadrant over to his house together, about a quarter to four o'clock, to show Captain Jackson—I went, and all the prisoners were there smoking their pipes and drinking rum-and-water—I placed the articles on the table—they all looked at them, and said they were very fine instruments—Jackson said he did not understand them particularly, but they pretended to bargain about them—Jackson said he liked it very much—Henochoberg said it was a fine instrument—Flesch said, "Well, I must have 10l. for this instrument"—Jackson said it was a great deal of money—Flesch left the room, and Jackson said to me, "Is Flesch a fair dealing man?"—I made no answer—he said, "Oh, I know him very well"—Flesch returned, and having some misgiving, I said to Jackson, "What are you? "—he said, "I am on the water, or sea." I do not recollect which-he said Mr. Flesch must come with him to the hotel in Leicester-square, which was a subscription-room, and nobody was allowed to enter but sub-scribers, or those who were introduced, and if I would come with Flesch and dine with him he should be glad to see me, and to bring some of n»v cards with me—I said, if it was agreeable, I would go with Flesch with the instruments—he said if I brought my cards there were a number of
captains there, and two wanted instruments; that he would introduce me I to them, and could no doubt sell some instruments for me—Jackson said I Flesch was to go with the instruments, to have the opinion of a friend there I about the sextant—I said, if it was agreeable to them, I would go with Flesch—Jackson objected, and said he never allowed a third person present when he was doing business—I said, "Mr. Flesch, perhaps you will step over to my house before you go?"—he said he would—I went out and went to their landlady, and then went home—Flesch came over very much agitated—I said, "Mr. Flesch, I feel very uncomfortable about the instruments"—I had left them at his place—he said, "Why do you feel uncomfortable? "I said, "Because I have had no money yet, and you are a stranger to me"—he said, "Oh, I think Jackson won't go to night, for he has taken a glass too much, and you can go in the morning with me and make an excuse for going again in the afternoon, saying you have forgot your cards"—I afterwards went to my bed-room window, and saw Jackson and Flesch go out—Flesch had the two instruments in his hand—Henochoberg followed after—I directly ran down and followed them to Sidney-street—there was a pawnbroker's at the corner—I lost sight of Jackson and Flesch all in a moment, and suppose Henochoberg went down a street—I went into the pawnbroker's side door, but they were not there—I ran to the top of the Commercial-road, but could see nothing of them—I ran back to the house, and spoke to the landlady—next morning she came to me, and in consequence of what she said I went over to her house, and a friend went round to all the pawnbroker's with me—we found the quadrant at Fleming's, in Newgate-street, and the sextant has since been found at Mr. Myers's, in London-road—my distinct understanding with Flesch was, that the goods were to be returned that night, or the money—I had not sold either of them—I had made out an invoice of them, for he ran over in a great hurry, and said, "Will you make out an invoice and receipt it, for I am in a great hurry?"—that invoice is here—Flesch put it into his pocket in my house—I have never received a farthing of the money—this invoice has on it, "Discount five per cent.; settled, J. Whitbread"—he asked me to write that—he promised to return the goods that night, or the money.
Cross-examined by MR. BALLANTINE. Q. If he had brought the money I you would have made no further inquiry about the goods? A. I certainly should have taken the money—I had already given a receipt for it on the bill—this invoice is precisely similar to the one for the telescopes—he first had them on the 20th of September and returned them—he got them on the representation that he could part with them to Mr. Brandis—Flesch speaks very good English—he wrote three letters, recommending me to three houses—he proposed doing that himself—I said I should be obliged to him, and he wrote them—that was after he had obtained the telescopes—he told me he had seen Jackson previously, but never had any business with him—the invoice was made out to Flesch for the quadrant and sextant, not to Jackson—I expected the money or the goods that evening—I had nothing to do with Jackson—I never said I had no wish to be harsh on him—I was never in Jackson's company till I took the sextant and quadrant there—that was the only time I saw him—I considered Flesch answerable for the money or goods—he was to bring goods or money that evening—I did not carry any invoice over with the goods—it was made out at my house, and given to Flesch, about a quarter of an hour after I took the sextant and quadrant over—he put it into his pocket, and said that Jackson supposed he had gone to the back of the house for it—when
when they looked at the articles, there was to be an alteration in the name—I said it was impossible to alter the name to Jackson—Flesch said if Jackson bought them he could have a silver plate put on—I was to ban money or goods by eleven or half-past eleven o'clock that night.
COURT. Q. He was to decide whether he would buy them or not? A. He was to take them to Leicester-square, for his friend's opinion—he wanted the invoice to show Jackson, that he should understand he had bought the goods of me—I did not state in their presence that they were my goods, and that I had not been paid—I had it in my mind not to leave the goods with them, but not proving whether Flesch was an honest man, it was matter of delicacy on my part—I left them, for them to go with Jackson to Leicester-square—I fully expected the goods or money by half-put eleven o'clock—I parted with them merely to be inspected—I said to Flesch, "It is quite immaterial to me whether I sell them or not"—I left them to him to sell, for that short period, if he thought proper.
The facts of this case amounting to a fraud, but not a felony, the prisoners were
NEW COURT.—Monday, December 4th, 1837.
Sixth Jury, before Mr. Common Sergeant
JOHANNA HANNAN . I know the prisoner—he came to my house in Beaumont-row, Stepney on the 7th of November—I said, "There you are, Dick"—"Yes," says he—I said, "Where is my son? how is he?"—he said, Very well, but he is not at work to-day; for last night being bonfire night, he got into a scrummage, and struck one of the officers, and hat got locked up, and there is 2l. to pay "—he said he had been running about all day and had got 1l. 8s., and he wanted 12s. more to make up 21 to pay down, or he could not get out—I gave him a half-sovereign and half-a-crown—he came next day, and said, "I am come to tell you all is well, your son is out and gone to work "—I gave him a dinner and tea; and when he was going out, he said, "Your son will be obliged to you to let him have as much as will make up a sovereign"—I said, "How can he be so unthinking, he knows I borrowed the other"—I went and got him half-a-crown more; and I offered him the contents of the cupboard, but he would not take that—it was from his pretending that he came from my son for this money that I gave him the half-sovereign and half-crown.
GUILTY . * Aged 19.— Transported for Seven Years.
HENRY BRODERIBB . I live at No. 23, Bread-street, Cheapside, and an a grocer. The prisoner had been in my employ, but I discharged him six weeks ago—before November—I did not authorise him to collect money for me after that time—he left me in October, and I have not employed him since—I did not authorise him to go to Mr. Willey's.
JAMES DIXON . I am shopman to Mr. Richard Willey, of Ludgate-street, linen-draper. The prisoner came on the 25th of November, and said he Billed from Mr. Broderibb for his account—I took a number of books up, and he said, "The red backed book is the book "—I paid him 1l. 9s. believing him to be authorised to receive it for Mr. Broderibb.
Prisoner. I never saw him—I was not near the house. Witness. I am sure he is the man.
GUILTY . Aged 19.— Transported for Seven Years.
EMANUEL MOSS . The prisoner has never been in my service—I never owed him any wages—he did not belong to the brig Roberts—there is no Captain Johnson of that brig—the prisoner presented a forged order to my brother—I live with my brother.
RICHARD MOSS . On the first occasion the prisoner got 1s. from me, and on the Monday he came and got a suit of clothes, stockings, and the other things—he left a ship note—he said he belonged to the Roberts, and was going to he paid on Thursday, and to receive 15l. 7s. 6d.—it was in consequence of this statement that I let him have it, and the prisoner stating that my brother always did the same for him when he came to town—I believed that to be true.
Prisoner. I carried my landlord to this young man, and demanded my note—I offered him a shilling, and he would not have it. Witness. He brought a lodging-house-keeper with him, and asked me for the note, and I would not give it him.
Prisoner. I borrowed the shilling, and said I would be down on Monday morning—I did not say it was a note for any money whatever. I got the shilling from him on Saturday night, and I took the landlord to get the note back; and when I could not get the note I took the clothes—he took the note on his own head—I did not offer it for any clothes. Witness. The prisoner called me on one side, and said, "Don't give the lodging-house-keeper the note, it matters not who I deal with, I want a tidy suit of clothes till Thursday.
COURT. Q. Was it in consequence of this that you let him have the money, you believing it to be true? A. Yes; he brought the note, and asked for my brother—I said he was in the country—he said, "I am going to be paid on Thursday, I let him have the shilling."
Prisoner's Defence I went into the prosecutor's shop on Saturday evening, about seven o'clock, and asked if he would lend me a shilling—he seeing the paper in my hand complied—I went on Monday, offered the shilling, and demanded my note, which he would not let me have, and advised me not to have any thing to do with the lodging-house-keeper, as he would fit me better and cheaper—I then made choice of a suit, which I would not have done if he had let me have my note.
GUILTY . Aged 26.— Confined Three Months.
190. CAROLINE MILLS was indicted for stealing, on the 28th of October, 1 night-gown, value 2s. 6d.; 3 handkerchiefs, value 7s.;1 glass-cloth, value 1s.; 1 table-cloth, value 5s.; 1 towel, value 2s. I comb, value 4d.; and 1 lancet, value 2s.; the goods of William Walkley, her master.
WILLIAM WALKLEY . I keep the King's Head, in James-street, Westmisster. The prisoner was my servant—on the 28th of October I searched, and found the articles stated in her room, tied up under her bed—they tea all my property, and were taken from my bed-room—I charged her with it—she said they were her own—we found this lancet on her person—there, was a round towel, cut in three, which she said she bought.
Prisoner. My prosecutor desired me to put on my bonnet and shay, and I went down stairs—I had been cleaning on the Saturday, and took these things up stairs with some dirty things of my own—I had not concealed them—I had no key to my box or cupboard.
NOT GUILTY .
MR. HORRY conducted the Prosecution.
REBECCA FORD . I am six years old. I was going to school last Monday morning—I met the prisoner—she said I was to have my ear-rings out and have some drops in them—we then went to the pawnbroker's, in Baldwin's-gardens—I there saw five gentlemen—the prisoner said, "Please, Sir, will you take this little girl's ear-rings out, and lend me 2s. on them!'—then we let him take them out, and she left us at the top of Hatton Garden, and went off—my sister was with me—she is younger than me.
GEORGE JOSEPH FORD . I am the father of this child. She left home with her ear-rings, and returned without them—I went to the pawnbroker's, and saw Mr. Barry more—they were found there after the third application, when the prisoner was taken—the pawnbroker denied it three times—I gave the pawnbroker into custody—he was out on bail.
BARRYMORE. I produce the ear-rings—they were taken I at my brother's shop—the prisoner Drought one pair in her hand, and said her mother had sent her, and the other pair was so difficult to take out, she could not take them out—I was not in the house when the prosecutor came, and my brother knew nothing about it.
GUILTY . Aged 14.— Transported for Ten Year.—Recommended it the Penitentiary.
(There were three other indictments against the prisoner.)
Before Mr. Recorder.
were allowed to run in the forest by day, and were penned up at night on Friday, the 20th of October, I saw the two pigs on my brother's premises—I afterwards saw the same pigs in a yard at Chipping Ongar—I am sure they are the same that belonged to him—he is ill—I know the two Websters they—I do not know the other prisoner so well—they live at Walthamstow.
THOMAS REYNOLDS . I live at Chipping Ongar, and am a shopkeeper, and collector of the market tolls. I was sent for by the landlord of the ed Lion—(I do not know the day of the month,) and there Saville asked me to buy these two pigs—I asked what he wanted—he said 5l. for the two—I told him I thought it was too much money, and asked how he came they them—he said he bought them of a man named Lyon; and they were his father's pigs—I asked if he would take 40s.—he said no—I walked a little stance, and he followed me, and asked if I would have them—I said, Drive them to market; I will see"—he drove them to the White Horse yard, and a man came to buy them for 4l., and I said, "Don't pay, I think they are stolen," in Saville's presence, so that he could hear me—he did not wait for the money, but walked away about two hundred yards—I followed him, and told him I was certain they were stolen—after a little time he said he had stolen them from the forest, from Captain Fellows—he said, If you mean to take me, there are two others; you may as well have them" I had seen James Webster, before be came to me to buy the pigs, with John Webster—he was running up the hill, and was taken, from the information Saville gave me.
BENJAMIN GREEN . I am a well-digger, and live at High Roothing, Essex. I know Mr. Cowan the butcher, at Chipping Ongar—I accompanied Reynolds down to near Ongar-bridge—I saw him take Saville into custody—in consequence of something that Saville said, I ran up the bill and called, "Stop thief"—when I called, John Webster ran through a hedge and across one field—I followed and took him back to Ongar—they said they stole the two pigs at three o'clock, on Friday evening, from Salter's-buildings, the property of Captain Fellows—that was said by one in presence of the other, if they did not both say so, and I went to that house to inquire—I did not see James Webster there.
(The prisoner Saville received a good character.)
SAVILLE— GUILTY . Aged 7.—Recommended to mercy by the Jury and Prosecutor.— Confined Six Weeks.
Before Mr. Common Sergeant.
193. SAMUEL SIMMONS was indicted for stealing, on the 2nd of November, 1 wooden post, called a picket post, value 6d.; 4 pieces of wood, value 3s.; and 1 slab of wood, value 2s.; the goods of Peter Mallard, Esq.
MR. PHILLIPS conducted the Prosecution.
Magistrate of the County. The prisoner lived in a house adjoining my father's stable—for some time past we have missed wood and planks there is some here which I had seen safe on our premises about two or three months ago—I have frequently seen the prisoner on our premises in consequence of which I made a remark to my father, and went, on the 2nd of November, with Mr. Pritchard, the inspector, to the prisoner's premises—Mr. Pritchard told him we had come to look over his premises to search for my father's wood—he said he was sure there was none of my father's property there, and we were welcome to look—we went into the yard and found two pieces of plank—it was then an entire bit, but has beet sawn since—the prisoner said, "Master John, it does not belong to you it is part of a shed I bought of Mr—," some name that I cannot recollect—I brought it home—we went into the cellar and found the picket pos behind the door—he said he had used that to put down some posts, and said it was my father's—he had no right to take any of my father's property—I found other things which I believed to be my father's.
Cross-examined by MR. DOANE. Q. Was not the prisoner employed by your father to make a large tank on his premises A. No, not at that time—it was finished before this—the wood-work was—I had examined it—Mr. Noble, a carpenter and builder, had made the tank—it did not answer, and the prisoner sank it a little deeper—about six or eight inches lower than it was originally—it was made in our yard—there was good deal of wood-work used in it—it was the prisoner's business to tab the wood for it—there was some fencing done by Mr. Noble, not by the prisoner—he altered a gate—I cannot remember his doing any fencing but I will not swear he did not—this wood is not fit to make spars for a gate—the prisoner asked for some pieces of willow, to make children's toys, which I gave him—this plank was found in his open yard—I made remark that we had got no thieves about our premises but an old man, and desired he should be watched—I did not detect that old man with wood-I detected a man with two staves, and let him go—the prisoner was employed to set some willows in our ground—this picket post would answer the purpose of making a deep hole to plant them.
MR. PHILLIPS. Q. Where did you find the post? A. In the front cellar, concealed under a great-coat behind the door—the tank was made on our own premises—the prisoner had no right to take wood off our premises to his.
MR. DOANE. Q. Do not you know that it was not concealed behind the door, but that the door opened the other way? A. I cannot recollect that.
BENJAMIN PRITCHARD . I am inspector of the horse-patrol. I went to the prisoner's premises, and found the things—on looking round, Mr. Peter Mallard said, "Here is some of my wood "—the prisoner said, "No, Sir—he said, "Yes, it is "—the prisoner said, "Mr. John gave me that, if it is yours "—Mr. Mallard doubted that, and said he would call his son; and we went in together—we found the picket post and some pieces of willow in the cellar, which young Mr. Mallard claimed as his father's—the prisoner said Mr. John Mallard had given him a piece of willow to make toy for his children—Mr. Mallard said he did not give him this piece—the prisoner then said he took them, thinking there was no harm in it—Mr-Mallard asked him how he accounted for the plank coming to his premiwi—he said he could not account for it, and then begged Mr. Mallard's pardon, and hoped he would forgive him.
Cross-examined. Q. This was in the open yard? A. Yes—I could have access there at all times—it adjoins Mr. Mallard's premises, but there I is a high wall between—he was not employed on the tank at that time—he I was sinking a cesspool in his own garden—I know he had wood on his I own premises at Chigwell—he has been in the police force better than fifteen I years—he has conducted himself with great propriety and activity.
MR. PHILLIPS. Q. Do you know of his being suspected? A. Yes, and I Mr. Mallard took great pains to get him back into the force—it was for I going on the forest, and entering a house.
MR. DOANE. Q. Was it not entering under a wrong idea? A. Yes.
NOT GUILTY .
MR. JERNYNGHAM conducted the Prosecution.
JOHN TYLER . I am a farmer, and live at Lay ton, in Essex. I had a large quantity of hay in my rick-yard—from information I received I was induced to suppose some was removed—I accompanied an officer and another person to the prisoner's premises—we went across some fields and saw hay scattered, and footmarks were traced to the prisoner's, where this hay was—I went to the owner, John Clare—he came and opened the shed, and let us go in—there are samples of the hay here—I can identify one, it is thatched with rye straw, and the bottom was bean straw, and it is mixed—there is not another farmer in Essex that has the two mixed together—the prisoners live together.
Cross-examined by MR. CHAMBERS. Q. What do you know of them? A. I have known them ten or twelve years—their horses are fed together—they were cutting this hay into chaff when we found it, but neither of the prisoners were there—it is a temporary shed in Clare's field—it was locked when John Clare came and opened it—I would not go in without his permission.
DAVID JOHNSON . I am a horse-patrol. I accompanied the prosecutor to the prisoners' premises—I observed hay scattered in different directions to that in which we went in the field—there is a foot-path from the prisoners' house to the barn—the hay was scattered in a direction from the barn towards Mr. Tyler's farm—I found three bundles of hay on Clare's premises, which weighed about 133lbs.—the shed appeared to have been done up in the usual way—it was not locked when I got there—there was a padlock on the door.
Cross-examined by MR. PHILLIPS. Q. Was not the padlock hanging on the staple? A. Mr. Tyler had been there before I got there, and after I took John I went to take Edward—I did not take him to see if his footmarks corresponded—there were foot-marks from Mr. Tyler's to the barn—I tried John's shoes, but it having been raining I could not trace them—I nave known the prisoners these nine years.
RICHARD PLAXTON . I am a farmer, and live at Wanstead. I know the prisoners—they live together—Edward Clare rents two fields of my landlord—the field where the barn is is one of them—I observed a great scattering °f hay in my field, in the direction from Mr. Tyler's to Clare's, and I told Mr. Tyler—there is no footpath through my field where I observed the hay.
EDWARD WATTS . I am a farmer's labourer. I was employed last Thursday to bind some hay from the rick of Mr. Tyler, and I left a true and a half of hay to do—I went again on Saturday morning, and the hay was gone—these samples are of the same hay.
Cross-examined by MR. PHILLIPS. Q. If you met with that at Norwich, you would take your oath it was Mr. Tyler's? A. 1 do not know that, as 1 have seen a good deal like it—it is common hay.
NOT GUILTY .
First Jury, before Mr. Recorder.
(Upon which no evidence was offered.)
NOT GUILTY .
(Upon which no evidence was offered.)
NOT GUILTY .
NOT GUILTY .
JOHN GAMON . I am a butcher, and live in Church-street, Woolwich. On the 31st of October I quitted my shop for a short time, and when I returned, 1 found the two prisoners in the shop—there was a rump of beef lying on the block—when I left the shop it was hanging on the hook at the door—it weighed 22lbs.—I left a female servant in the shop.
MARY MARSH . I am servant to Mr. Gamon. I recollect on the 31st of October being in my master's shop with the baby—the two prisoners came in and asked me the price of a sheep's head—I told them 8d.—Walker said, "Ask your mistress"—I went and asked her—she said 8d.—I told them—Walker told me to go and ask if he could not have it for 6d.—I went, and Jones, the man that bad been at the shop, was gone—the other stayed in the shop for an answer—Jones was brought back by somebody from the street—he had a rump of beef in his hands—the man took it from him, put it on the block, and said to Walker, "Now I have got you both—my master came with the constable, and they were given into custody—they had come in together, and 1 saw them speak together—my mistress was in the back parlour—there was a little passage—I went and opened the door—that made me turn my back.
Walker. Q. Did you see me touch any thing, or attempt to touch any thing? A. No—my mistress said the price was 8d., and she could not take less, Walker then turned to go out, and the other man was brought back.
THOMAS CUMMINGS . I am a constable. I was sent for to the shop-Jones pretended to faint when I put my hands to him to put the handcuffs on him—Walker said he knew nothing about it—I searched them the next morning, and found 2d. on one, and 1d. on the other—they had no opportunity
of spending any money—I said I wished they had been at the devil before they touched the beef—they both said they were sorry they did; it was a bad job—I should say they had been drinking.
Walker. I bad one silver shilling in my pocket, which I gave to my I wife to get provisions—it was in my under waistcoat Witness. I searched I him, and found a knife, comb, and 2d.—I thought I searched him all over—I searched a pocket that he had on—his wife had no opportunity of seeing him till the next day, when she brought him a clean shirt.
JONES— GUILTY . Aged 22.— Confined One Month.
WALKER— NOT GUILTY .
JOHN MOORE . I am a pawnbroker, and live in Richard-street, Woolwich, in partnership with Thomas Pacey Burts. On the night of the 9th of November I heard a voice cry out, "Mr. Moore, somebody is stealing your trowsers"—I ran out, and caught the prisoner with eight pairs of trowsers in his possession—they were trailing on the ground—I took him myself—a watchman was behind, and I gave him into custody—the trowsers hung outside the front of my shop on a rod, about seven o'clock in the evening—he had taken rod and all.
Prisoner. You did not see me steal them—I picked them up.
PETER INCH . I am a watchman. I was passing along Richard-street on the 9th of November, and saw the prisoner take the trowsers off this place—I ran after him—Mr. Moore took him with them in his hand—I found 11 1/2d. on him.
GUILTY . * Aged 26.— Transported for Seven Years.
JOHN MOORE . I am a pawnbroker, living at Woolwich, and have a partner. These trowsers belonged to us—I missed them from the shop about seven o'clock on the evening of the 30th of Octobers—they hung in front of my shop, outside.
WILLIAM THOMAS CHITTENDEN . I belong to the Woolwich police. I went to the shop of Mr. Booth, in Woolwich, on the 30th of October, between seven and eight o'clock in the evening, and the prisoner was given into my custody by the prosecutor—I found on him a ticket, which I have not got here—it was a label with "10s. 6d." on it—I never saw the trowsers.
JOHN MOORE re-examined. I saw the ticket in the officer's possession—the prisoner was present at the time—I know it to be the ticket which had been on my trowsers—it was a printed ticket, with the price on it—I had had it in my hands many times—I detected the prisoner offering the property in pledge.
NOT GUILTY .
of November I lost my cork-screw, and other things—the prisoner worked for me about eighteen months ago—I saw him on the 4th of November between four and five o'clock, in my shop—he said he was waiting to see a friend in Greenwich, and that he had not come yet—he came and said he had had nothing to eat all day, and I gave him 4d. and part of a pot of beer—he went to the College, and then returned to my shop—he went to the College again and returned—I was in the front shop—I laid my rule on the floor and went down stairs, and he followed me—I ran up for my rule, and he said, "I will go up and get it myself"—I saw him shuffle is out of his clothes, which raised my suspicion—he asked for the water-closet—I saw him go into the little room and open the door, but could sot see what he took out—he then went to the water-closet, then came down and said, "Now I must go "—I sent for the policeman, and said, "Now, Mr. Mare, give me what you have taken out of the little room "—he denied having any thing—the policeman found on him the cork-screws, two hinges, and the solder—we sell the cork-screws at 5s. each—they are quite new.
WILLIAM WAKEMAN (police-constable R 78.) I was fetched to the home, Mr. Fhilpott said to the prisoner, "Give me up the things you took out of the little room "—he said he bad none, and had not been in the room—Mr. Philpott said, "I know you have something, but what it is I cannot say"—he put his hand in his breast, and took out the cork-screws, and then took the hinges from his pocket—as I took him to the station-house, he said he meant to pawn the things to get him a night's lodging—I found the solder on him at the station-house.
Prisoner's Defence. For the last six months I have been out of employ, and for three months was in bed, and several nights have been out all night, having no bed to go to—I went to Greenwich, expecting to meet a mend to give me money, and procure me a situation—he had not returned to town, and I went into Mr. Philpott's shop, to ask where to get lodgings—I took these things, intending to redeem them on the Saturday following.
GUILTY . Aged 50.— Confined Six Weeks.
Before Mr. Justice Park.
202. WILLIAM VESEY was indicted for feloniously breaking and entering the dwelling-house of Joseph Rees, on the 4th of November, at Greenwich, and stealing therein, 1 coat, value 1l. 5s.; 1 pair of trowsers, value 7s.; 1 sovereign, 2 half-sovereigns, 4 crown-pieces, 8 half-crowns, 18 shillings, and 4 sixpences, the goods and monies of David Rees; and 2 coats, value 2l. 5s.; 1 pair of trowsers, value 1l.; 1 handkerchief, value 2s.; 1 box, value 2s.; 4 sovereigns, 1 half-sovereign, 4 crowns, and 6 half-crowns; the goods and monies of the said Joseph Rees.
MR. BODKIN conducted the Prosecution.
JOSEPH REES . I live in Bridge-street, Greenwich, with my brother David—we rent a room in the house—on the 4th of November, at six o'clock in the morning, I left the room to go to work—my brother had gone out before me—I left nobody in the room—I locked the door—I had a box in the room, containing five sovereigns, and 1l. 13s. 6d. in silver—it was locked—there was also a great coat of mine in the same box, with a body-coat, a pair of light trowsers, and a silk-handkerchief—my brother had box besides mine—I returned to the room about half-past eleven o'clock at night, and found two policemen and my brother there—I found my box
down in the yard, broken open and empty—I found in the yard a sheet in a wrapper, a half-sovereign, and a half-crown—I have known the prisoner all my life—he used to go about to fairs, and job about my uncle's yard—he knew the premises as well as I knew them myself—I pay the ✗ of the room—my brother pays me part of it—it is a house belonging to my uncle, let out in tenements—we pay 1s. 9d. a week for our room—belongs to us both.
DAVID REES . I live with ray brother. On the 4th of November I had a box in the room, containing 5l. 2l. in gold and three in silver—I went out at five o'clock in the morning, and returned two or three times in the course of the day—the last time was between four and five o'clock—I went out again almost directly, and left the room fastened, and my box, containing the money, a coat, and trowsers, safe—I returned just before twelve o'clock at night, before my brother—I unlocked the door, went in, I found the window open—I went in, and got a light—I found my box in the room open, and all the property taken out, and my brother's box gone altogether—my box had been left locked—I called in the officers.
Prisoner. He said before the Magistrate it was half-past eleven o'clock he went home. Witness. It was between eleven and twelve o'clock.
RICHARD LILLYWHITE . I am a constable of Greenwich. On Sunday morning, the 5th of November, at half-past ten o'clock, I heard of the robbery, and in consequence of information, accompanied the prosecutor London—I was close to the Black Horse public-house, near the Mint, on Tower-hill, and observed the prisoner standing there—he did not perceive me coming—I have known him for ten yean—I went up and took him into custody—he turned round, and I told him he was my prisoner—he said, "What is it for, Dick?"—I said, "On suspicion of breaking into a house in Bridge-street, and stealing some property belonging to Rees "—he said, "Well, I am d----d if I'm not pinched for house-breaking at last; do you suppose I would rob those two young men?"—I said he was the person suspected, and I must take him—he had a bundle under his arm, containing all new articles which are not claimed by the prosecutor, and he had a hat on his head—I moved him about fifty yards further, as a mob gathered, and then said I must search him—he said he would see me d----d before I should search him, unless I took him to the station-house—however, I searched him, and in his left-hand trowsers' pocket found five sovereigns and three half-sovereigns—he said he brought that money from Bletchingley fair—he has lately attended booths at fairs the fair had been held that week.
Prisoner. He can speak to my character. Witness, I have known him several times in custody.
THOMAS BROOKS . I am a cordwainer. On Saturday evening, the 4th of November, between seven and eight o'clock, I was near the prosecutor's house, and saw the prisoner (whom I have known some time) about thirty or forty feet from the prosecutor's premises, going towards them—I thought he saw me, and shunned me, for he made a sort of short pause, and then stooped under some rails.
Prisoner. Q. When I met you, did I cross the road, or go straight up? A. You crossed the road, as you stooped under the paling towards the road—I could not see you cross.
miles from Croydon—he left to go there as he told me—I saw him again next morning, and said, "I thought you were gone to Bletchingley fair'—he said, "No, I have been as far as Croydon, and heard prior as Webster was not there, so I came back"—they are booth-keepers—I saw him again on the Friday morning, at the Bee-hive, at eleven o'clock—he was there all that day, in and out—I saw him there as late as nine ten o'clock, and lent him 6d. that night, as he had been about tit tap-room all day with another young man, and they complained they had nothing to eat.
Prisoner. Q. Did you not say, if I fetched you seven panes of gin, you would give me 6d. for myself? A. He fetched the glass, and I think I did give him something, but it was besides the sixpence I lot him—he cleaned a pair of boots, which I gave him 2d. for, and 4d. manmade up 6d., and on the Saturday evening, between seven and eight o'clock, I lent him 2d. more, as he said he wanted a pint of beer.
MORDECAI MOSES . I live in King-street, Tower-hill. On Sunday morning, the 5th of November, I sold a person this suit of clothes for 1l. 5s. and this hat for 6s.—I was paid by a sovereign and 10s. 6d. in silver—a person had come in on Saturday night to sell clothes—I told tin Magistrate he looked like the young man I bought them of, but I could not positively say it—the things would not suit me, and he was not in the shop three minutes—the prisoner looks something like the young man.
JANE HOLMES . I saw the prisoner on Sunday the 5th of November, in Queen-street, Tower-hill, about half-past twelve or one o'clock—I went with him to the Black-horse public-house, and said to him, "Bill, what a shabby jacket you have on "—he said he was going over to a Jew's to buy another, and pointed over to Moses's shop—I saw him in custody about an hour and a half, or two hours after.
Prisoner. I had saved the money up during the summer, from plan to place—I left it in London—I told Povey I was coming to London to get some money—Moses stated at Greenwich, that the person came to hi shop at eight o'clock for the clothes, and Povey said, I did not leave his place till twenty minutes to eight o'clock.
GUILTY* of stealing only—Aged 27.— Transported for Seven Years
(The prisoner had been eight times in custody.)
Before Mr. Recorder.
GUILTY .— Confined One Month.
Before Lord Chief Justice Denman.
GUILTY . Aged 47.— Confined Two Years.
Before Mr. Common Sergeant.
GUILTY . Aged 20.— Confined One Month.
heard footsteps coming across the road, and saw some person dressed in dark frock jacket, take a leg of pork from my window outside, and run away with it under his arm—I ran after him, but could not catch him, ✗ street was dark—he was taken by a policeman, and the pork found in him.
Cross-examined by MR. DOANE. Q. How long was it between the time our seeing the pork go, and seeing him in custody? A. About an he had been to my shop in the mean time and bought some tobacco.
THOMAS SMITH . I am a policeman. I took the prisoner at the bottom of Hughes's-fields, Deptford—I asked what he had got—he said pork—I asked where he got it from—he said he bought it—I asked him to go here he bought it—he agreed to do so, but in going up Trench's-fields, he make his escape.
Cross-examined. Q. Did he seem to have been drinking? A. Yes—as a little in liquor.
GUILTY .* Aged 30.— Confined Three Months.
JOHANNA PHILLIPS . I am the wife of John Phillips, a carpenter in the Dock-yard; we also keep a cheesemonger's shop in High-street, Woolwich. On the 21st of November, between eight and nine o'clock in the in, I was serving in the shop, and saw a soldier go by the window a tub of butter, which had been in my shop—I ran out, and my son-in-law and my husband after me—they got before me, and went up an ✗ by the side of our house—I followed them—I went into a neighbour's, got a light, and saw the tub of butter—I waited till my husband up, who took it back to the shop—there was then a cry out, "We got him"—my husband ran out, and the prisoner knocked him down, and splintered his right leg—he has never been out since.
Prisoner. Q. Can you say I was the person who took it? A. No, I tell who it was, but it was a soldier—the tub stood inside the shop, the door, with six others.
WILLIAM THOMAS CHITTENDEN . About half-past eight or nine o'clock, information I went to the prosecutor's, and saw the prisoner, and several other persons round the shop—I asked Mrs. Phillips what she ed the prisoner with—she said, "He stole the tub of butter"—it was in the shop—I took him into custody—he absconded from me about yards from the door—there were no other soldiers present when I to the shop.
ANN SENNEX . I am the wife of John Sennex, a bricklayer, living at stairs. On the day in question I saw a soldier go and take the tub—I saw Mr. and Mrs. Phillips come out directly, and go after him—s dressed in a big grey coat, which soldiers generally wear—I only is back.
EDWARD HARDEN . I am a shipwright in the Dock-yard, and live in Queen-street, Woolwich. I was in the parlour adjoining the shop, looking through the window—I saw Mrs. Phillips serving a customer—somebody said something to me—I ran up Goff-yard, which is a public thoroughfare, and got a light—I saw the prisoner—he turned to the right instead of continuing the thoroughfare—I questioned him as to the propriety of his being there—he said he went to make water—I asked him where the butter was—he
made no reply directly, but, a short time after, he said, "Gentlemen, I know I have done wrong, but I had no ill-intention "—he was dressed one of the artillery great-coats—I left him in charge of two young me and went for an officer—when I came back he was at Mr. Phillips's door, and the butter was found in Goff-court.
Prisoner. My reason for saying I had done wrong was, because I attempted to run away, which I was very sorry for—my officer could give me a good character, and I would not have risked that for twenty tubs of butter. What could I do with a tub?—I could not conceal it—the place; a public thoroughfare—any person might be there without my taking notice of them. Witness. Not above three minutes elapsed between my coming out of the shop and taking him—the prosecutor's is the corner house I the court, and I took him about thirty yards up the court—I did not see any other soldier there.
NOT GUILTY .
GUILTY . Aged 52.— Confined Three Months.
CHARLES WILLIAM SPRUNT . I keep the Coach and Horses, in Turnpin-lane, Greenwich. On the 26th of October the prisoner came and called for a glass of gin—I served her with it—she drank it, and seated herself it the end of the counter, under the window—I was rinsing two glasses—I took one up and wiped. it, and then turned my back on the prisoner—I then returned to take the other one, and lost sight of the prisoner and the glass—I pursued and overtook her in Church-street, and brought her back to the house—I sent for the policeman—he searched her, and took this glass out of her pocket, in my presence—it is one I had just been rinsing, and put down.
Prisoner's Defence. I went into the Coach and Horses for a glass of gin, having with me some soles in a basket—being in a great hurry I took up the glass and left the soles and basket there—I was not aware I had the glass till I was stopped.
GUILTY . Aged 56.— Confined Six Months.
ALFRED COULDERY . My father's name is Robert, he is a butcher at Lewisham. He had a stack of hay there, part of it had been cut—missed hay from time to time—some person stole it before and after it was cut by pulling it out of the stack—I watched about three weeks before I
took the prisoner—on the 20th of November between five and six o'clock I concealed myself behind a fence of Mr. Robins's—the stack stood in a stack-yard, which is part of a field—I saw the prisoner come and begin to mil the hay from the stack—I watched him a few minutes, and then I pursued him—it turned out to be the prisoner—I charged him with stealing lay—he said he had done nothing—I took him back to the stack and bund 5lbs. of hay had been pulled out—I tried to get to him while he was doing it, but he saw me and ran away—I had walked round the stack when I began to watch, and none was pulled out—there was no sack there then—I found one afterwards—I brought the prisoner back—he lives bout fifty yards from the stack—he is a dustman and donkey driver.
Prisoner's Defence. I was sitting in doors and heard somebody come to the yard with my donkey—I went to look, and I understood he had got to the field—I went round towards the stack, and some one ran after me—I ran away, knowing I had no business there—I ran over the bridge—me man stopped me—I never pulled the stack at all—he went to the stack and gathered up some loose hay which was lying about, and then they got over to look for a sack, which they could not find, they locked me up hour and dragged me about—they found a sack, but it was not mine.
(The prisoner received a good character.)
GUILTY . Aged 23.—Recommended to mercy by the Jury and Prosecutor,
Confined Six Weeks.
(The prosecutor being called, did not appear.)
NOT GUILTY .
Before Mr. Recorder.
212. WILLIAM RILEY was indicted for stealing, on the 14th of November, 1 gimlet, value 6d.; 1 chisel, value 2d.; 1 pair of pincers, value M.; and 1 modeller's tool, value 1s.; the goods of Constantine Sullivan, his master.
CONSTANTINE SULLIVAN . I live at No. 66, Brunswick-street, Blackfriars-road, and manufacture composition chimney-pots. I engaged the prisoner to work for me, at 5s. the first three weeks, and then to advance his wages—he came to me on Monday the 13th, and on Tuesday evening I missed some tools—I turned him away, and found my gimlet in his pocket—I missed other tools—there was sand in the place he worked, and I found some iron bolts in the sand, and the other tools buried in different places about the premises—I had left them all in a bag in the factory—I afterwards found these pincers and chisels at a marine-store shop, kept by White.
Prisoner. I had nothing to eat, and found the gimlet in the shed, and sold it, to buy a bit of bread. Witness. I knew his mother to be in poor
circumstances, and I asked him if he had had any thing to eat on Monday night—he said he had not, and I took him to a potatoe warehouse, and got him 61bs. of potatoes.
GEORGE WHITE . I keep a marine-store shop, in Raycroft-street, Borough. The prisoner came to my shop, and asked if I bought old iron-said I did—he put into my scale a pair of pincers, an old chisel, and other things—I asked his place of abode, which he gave me readily—I gave him 4d. for them—on the following Saturday a policeman came and asked if had bought the pincers and chisel—I said I was not aware of it, but the could look among my old iron, and they found it—the pincers were fit ft nothing but old iron.
Prisoner. He only gave me 1 1/4d. for them. Witness. I gave him 4d. them—he said he was sent by his father with the old iron—they were no service, or I should have refused them—one lip of the pincers lapped over the other.
Prisoner's Defence. I have a poor mother, and she cannot do any thing for me—I took them to get a bit of bread—the man only gave me 1 1/4d. for them—master found a farthing in my pocket, and my brother saw in eating the bread, which I bought with the penny.
GUILTY . Aged 21.— Confined Twelve Months.
MR. PAYNE conducted the Prosecution.
JAMES STEPHENSON . I am a labourer, in the employ of Messrs. Grissell and Peto, who are building a house at the corner of Nag's Head-court, Gracechurch-street The prisoner was in their employ better than two years—it was his duty to bring new bricks in a cart to the building—I was present when they came to Mr. Christie's, in Gracechurch-street—he brought them from master's premises, in York-road—I unloaded them at Gracechurch-street, and a load of old bricks was put into the cart—Do directions were given to him about them—they were to be taken back to the yard—the clerk of the works had ordered them to be sent to the yard in York-road, but no order was given at that particular time—the prisoner drove the cart away, with them in it.
Cross-examined by MR. PHILLIPS. Q. Did not the bricklayer tell the prisoner he was to take a load of these old ones back to the yard? A. He told him to take them away, and he did—that was on Saturday, the 28th—I had known the prisoner in the employ above two years—he bore a very respectable character—he was an honest, industrious man, and was spoken very highly of.
GEORGE THOMPSON . My father is a carpenter and builder. I remember seeing the prisoner, in Swan-street, Newington, on Saturday the 28th—we are building a place there—a man called me over to the prisoner, who was there with the cart and bricks—he offered them to me for 6s. and a pot of beer—I agreed to buy them, and paid him the money, and he shot them there—Davis had fetched me to him, to buy
them of him—my father was angry when he heard of it, and I told the prosecutor.
(The prisoner received a good character.)
GUILTY . Aged 38.—Recommended to mercy.— Confined One Month.
MR. PAYNE conducted the Prosecution.
GEORGE JOHNCOCK . I am bailiff to Mr. John Wilks, who lives at I Feversham. On the 26th of October I saw the heifers in the marshes at Feversham, about two o'clock in the afternoon—there are three gates to I the marshes—they were fastened—I missed the heifers about eight o'clock I on Friday morning the 27th, and saw them, on the Wednesday following, I in possession of the policeman—they were master's heifers, and worth about 18l.—the lock of the gate was broken—I traced them about a mile, and then lost the track—I knew the prisoner before—he lived with Mr. I Wilks's father once for nearly twelve months, I believe, six or seven years ago.
JAMES WARD (police-constable.) On Friday morning, the 27th of I October, I was in the Old Kent-road, and saw two heifers, and the prisoner I driving them along, between eleven and twelve o'clock—I followed him I to the end of the Kent-road, and stopped him, I asked him where he I was driving the two beasts to?—he said he was going to drive them into I Smithfield—I said, "Why, you are very late"—he said, "Yes, I have been I laid up for two hours at Deptford "—that he had brought them from a place I in Sittingbourne, Kent, and started at two o'clock in the morning—I said, I "What do you want for them?"—he said 9l., but he would take less—I I asked a butcher, who was passing, what they were worth—he said, "16l. or 19l. "—I took him to the station-house, and took the heifers to the Swan, Old Kent-road—I was present when the bailiff saw them, and claimed them—I found a halter on him with a noose to it.
Prisoner's Defence Distress brought me down to that part of the country—I left London at half-past one o'clock in the morning, and went to Maidstone, expecting 5l., which a man owed me, but was disappointed—I then went to this place where my father lives—I had no idea of doing this—how I came to take them I cannot say—my heart failed me, though I was offered money for them twice, I could not sell them, I have a wife and small family.
(The prisoner received a good character.)
GUILTY . Aged 26.—Recommended to mercy by the Prosecutor.
Confined Six Months.
and am a broker. In consequence of a message, I went to Union-hall and saw the prisoner Chadwick in the lock-up place, I asked him where my truck was, which I had lost—he then asked me not to come against him—I told him to let me know where my truck was, and I would go and fetch it—I found the truck at Mr. White's, a cooper, at Westminster—it is worth 3l.—my wife is not here, being in her confinement.
Chadwick. I sent to tell him where the truck was—he said if I did, he would not prosecute me.
FRANCIS WHITE . The prisoners came to me on the 8th of November, they both spoke to me, and asked me if I wanted to purchase a truck—I said they might bring it, and I would look at it—they brought it, and asked one guinea for it—I bid them 15s.; having my doubt whether it was come honestly by—they asked me to take it, and asked me for some thing to drink—I gave them I.—they left it in my possession—they gave me their address, No. 2, Ann's-alley, Bankside—I gave information within an hour to the inspector—they both told me it was their property.
Chadwick I was not with my fellow prisoner when he first went Witness. No; but he was with him when they brought it, and both represented it as their joint-property—the prosecutor afterwards saw it, and claimed it.
FRANCIS COOKE (police-constable B 37.) In the afternoon I went to Bankside to look for Ann's-alley—I found a Rose-alley—Mr. Windley afterwards accompanied me to No. 2 there—I did not find the prisoner! then—I waited about the premises, and saw Fussell at the door, and apprehended him, as Windley pointed him out—before I said any thing to his he said, "The other is gone round the corner to Blackfriars-bridge, and if dressed in a dirty jacket"—I got another constable, went in that direction, and found Chadwick, and took him, in the direction Fussell pointed out.
CHADWICK— GUILTY . Aged 24.
FUSSELL— GUILTY . Aged 17.
Confined Six Months.
Before Mr. Sergeant Arabin.
SAMUEL MICHAEL . I live in Upper Stamford-street. The prisoner's mother was in my service and he was in the habit of coming to my house-about the 5th or 6th of November he came there, and on tie Saturday following I missed two coats—I told his mother of my loss, and went to the prisoner's lodging, in Waterloo-road—I do not know how he got his living—I have known him about five months—I told him I had lost two coats—he said he knew nothing about them—I went again, a few days afterwards, and then he said he knew where they were—I went with him to pawnbroker's in Whitechapel, and found one; but I had told him, if he told me where they were, I would not prosecute, and would be as lenient to him as I could—he told me one was in pawn in Whitechapel-road, and the other he had sold at a clothes-shop in Holy well-street—I did not find it there.
THOMAS MOTHERSELL . I am a policeman. I took the prisoner into custody—he said he knew where the coats were, and would point out the places—that one was pawned in Whitechapel-road, and the other sold in Holywell-street—he said he had taken them off the banisters.
Prisoner's Defence, The prosecutor gave me six coats to brush—about a fortnight after, one was missed—I owned to that, as it was in pawn—I know nothing of the other; but at last he kept pressing me to tell where it was, and said he would buy me a pair of shoes, I said I knew when it was, and that it was in Holywell-street, but I did not know—it was a falsehood.
GUILTY . Aged 18.— Confined Three Months.
Before Mr. Justice Park.
217. THOMAS FLYNN and SAMUEL TAYLOR were indicted for burglariously breaking and entering the dwelling-house of John Taylor, at Lambeth, about the hour of two in the night of the 17th of November, with intent to steal, and stealing therein, 1 watch, value 3l.; 1 seal, 'value 15s.; 1 key, value 10s.; 2 spoons, value 1l.; 2 pairs of boots, value 10s.; 14 knives, value 10s.; and 14 forks, value 5s.; the goods of the said John Taylor; 1 pair of boots, value 18s., the goods of John Taylor the younger; 4 gowns, value 10s.; 2 shawls, value 14s.; 1 cloak, value 1l.; 1 petticoat, value 2s.; and 1 shift, value 3s.; the goods of Margaret Maher; 3 gowns, value. 1l.; 2 shawls, value 6s.; 2 petticoats, value 3s.; 4 aprons, value 2s.; and 2 pairs of stockings, value 2s.; the goods of Emma Davey.
JOHN TAYLOR, JUN . I live with my father, in Upper Stamford-street, Blackfriars-road, in the parish of Lambeth. On Saturday, the 18th of November, I had gone to bed about eleven o'clock—I believe the servants were the last up—my father was gone to bed—I got up about eight o'clock in the morning—I did not hear any thing in the night myself—when I came down I went into the kitchen, as the servant called us—my father, myself, and two servants, went down into the kitchen, and found every thing strewed about the floor—I saw the servant's trunks open—I missed a pair of my own boots, which had been in the front kitchen the night before—I missed my father's silver watch, which I had seen in a cupboard in the back parlour the night before, with a seal and key; also two table spoons, four carving knives, and a bundle of other knives belonging to my father—there is an empty house within two doors of ours—we found soot about the chimney, and marks of feet—the persons had evidently come down the chimney, and gone out by opening a cross door and a back door leading into the yard.
MARGARET MAHER . I am servant to Mr. Taylor. My fellow-servant and I went to bed last together—the other servant fastened the two doors, which were found open—I saw them fast—I came down about seven o'clock in the morning—my clothes were in the front kitchen—I found the kitchen all strewed over with soot, which was not there when I went to bed—I missed four gowns, a cloak, two shawls, a petticoat, and two shifts.
EMMA DAVEY . I am servant to Mr. Taylor. I fastened the cross doors when I went to bed—I came down after Maher in the morning, and found the kitchen as she describes—I lost three gowns and other articles.
GEORGE JOSEPH FORD . I live in Field-lane, Holborn. On Saturday morning, the 18th of November, I saw the prisoners, about half-past ten o'clock, passing my door—Flynn had a bag over his shoulder, apparently half full of soot, but I thought it appeared too light for soot, and watched him—I saw them go into a shop in Field-lane, some distance from mine—they did not stop there a moment, but came out with the bag—I watched
Taylor into another shop, where he purchased a cap—he then called Flynn, and he then went down the passage, and showed some women's clothes to a female belonging to the shop—I went across the road, and told a policeman to lay hold of those two clergymen, (meaning sweeps,) and Moss took them.
Flynn. Q. Did I offer the things for sale? A. Yes, to a female—it was not in my house, but I saw you both go down the passage, and poll out a large parcel from the bag.
Taylor. Q. Where did you see me first? A. In Field-lane—you were both together—you passed my door twice—I saw you go into the shop, and then come up the lane together—I saw you come out with the cap in your hand, and you had an old cap on when you went in.
ROBERT MOSS (City police constable.) Ford told me to take the prisoners into custody—they were both together—Flynn had a soot-bag across his shoulders, containing the property now produced—the bag was very sooty, but had no soot in it.
Taylor. How can you say you saw us both together, when the watch-house door was shut before you brought me in? Witness. They was together.
(Property produced and sworn to.)
Flynn's Defence. I never stole the things—I picked them up as they were—as to Taylor, he is a stranger to me entirely.
Taylor's Defence. I was coming to Farringdon-street this morning, and met this young fellow near Field-lane—he spoke to me, and we accompanied one another to the top of the lane—I came back, and bought this cap—he had gone his way, and I was going mine—I did not know where he was gone—Ford came and caught hold of me, and said "I want you"—I asked him what for; and when he took me there, this young man sat there, and they accused me of being with him—they found 9s. on me—I was going to see a friend who was ill.
FLYNN— GUILTY . Aged 23.
TAYLOR— GUILTY . Aged 19.
Transported for Life.
Before Lord Chief Justice Denman.
THOMAS FIELDWICK . I am a butcher and farmer, and live at Worth, in Sussex. On the 9th or 10th of November, I had a brown pony-gelding down in a field—I had seen it there about six o'clock the evening before—I missed it next morning, about seven o'clock—it was in an enclosed field which has a gate to it—the prisoner lived about two hundred yards from me—the field is about a mile from my house—I found the horse in the hands of Pring, the constable of Battersea. about the 15th of November—I am certain it was mine.
EDWARD HUSSEY . My father is a horse-dealer, and lives in Battersea-fields. On the 10th of November I saw the prisoner with a horse at my father's house—he offered it to me for sale, and asked 30s. for it, which was too little, I stopped him and gave him into custody, and gave the pony to the officer.
GUILTY . Aged 26.
JAMES BATCHELOR . I am a farmer, and live at Worth, in Sussex. On saturday morning, the 27th of October, about half-past nine o'clock, I turned my mare out into the field—next morning, between eight and nine I found the gate open, and tracked the mare out into the road—I found her afterwards in Pring's custody on the 14th of November—it cost 16l.
WILLIAM LOW . I live at Kennington Common. On the 28th of October I saw a mare in possession of the prisoner, who I never saw before—he asked if I knew the name of Hussey—I went with him to Hussey—I am sure the prisoner is the man—I afterwards saw the same horse in Pring's possession.
MR. FIELDWICK. The prisoner lives at Worth, about two miles from Batchelor.
GUILTY .— Transported for Fifteen Years.
Before Mr. Justice Park.
THOMAS HARRISON . I live in Fore-street, Cripplegate, and am a cab man, in the employ of James Sawyer—I drive No. 868, a patent cab. On Monday evening, the 23rd of October, about twenty minutes after six o'clock, I was going over Blackfriar's-bridge, towards the City, empty—I heard a person call a cab and stopped—I turned round, and saw the prisoner running towards me—he asked me if I wanted a job—I said "Yes "—(he was a stranger to me)—he said he would give me one—he wanted to get on the top, and sit by the side of me—I told him to get inside—he said he would sit on the top, and tell me where to go to—he did so—we went to Upper Ground-street, on the Surrey side of the water, to a public-house called the Old Barge-house—as we went along, he asked me if I would give him half a pint of beer—I said "Yes"—we went on to the Barge-house—it is a regular rule, when fetched by a porter, or any body, to treat them—we went to the Barge-house, which lays back—I left the cab at the corner of the street—he showed me a house opposite, and said I was to take the fare up there—we had a pint of half-and-half—he then asked if I could carry a box on the top of my cab—I told him I could—he went out and can he back again, and said it would be a quarter of an hour before the job was ready to go—he said the name was Peto, or something—he then called for a pint of half-and-half, and paid for it, I had a pipe of tobacco, and went into the tap-room to light
it—I stopped there a minute or two, then went outside to look for my cab, and found it was gone, and the prisoner also—I had a gelding to it—I ran, but could see nothing of it—I returned to the public-house in about ten minutes, but the prisoner was not there—I saw him at Queen-square Officer I believe, on Saturday, the 28th—I saw the cab again on the Thursday morning before I saw the prisoner—I saw it in Mr. Sawyer's yard, and the horse also—I did not see the harness—there was harness to it when it was taken, and I saw the harness on the Saturday at the Office, with the cushions.
Cross-examined by MR. PAYNE. Q. Did not you find the cab at a livery yard? A. I did not—the foreman did, I believe—there is room for two persons to sit on the box, one on each side of me—he sat on the roof.
JOHN BURROWS ROSE . I keep a public-house in Upper Ground-sheet I saw the prisoner at my house on Monday evening, the 29th of October; with Harrison—they had some half-and-half—I do not think they were there above five minutes—the prisoner went out, and left the cabman, and came back again—he went out a second time, leaving the cabman in the house—he told him to stay there while he went out to fetch a square box, but he did not come back again—the prosecutor came back, and complained of his loss.
Cross-examined. Q. How much beer did they have? A. Two pints of half-and-half—the prisoner appeared very fidgetty—he was sidling and looking about him.
JOHN SMALLBONE . I am servant to Mr. Battley, who keeps a livery stable, opposite St. Peter's Church, Pimlico. The prisoner came there Monday night, the 23rd of October, at twenty minutes before eight o'clock—he rang the bell, and asked if master was at home, and whether be would give him leave to leave the cab there all night—he had a cab, horse, and harness with him—I asked him if I should go down and ask masters leave, which I did, I returned, and told him he might—I did not know him before—master came up to the gate and saw him—he left the cab with me, outside the gate, to draw it in, but he took the horse, harness, and cushions away—he said he gave forty guineas for the horse, and he would take ten for him—master said he did not like to buy a horse in the dark-the prisoner went away with the horse and harness—I afterwards saw the same cab at Queen's-square.
Cross-examined. Q. Are you quite sure of the prisoner's person? A. Quite sure—there was light enough for me to see him, but master could not—he was going away without the cushions, I asked him if I should give him them, and he said, "Yes."
JAMES NEVES . I live in Belgrave-place, Pimlico. On Monday night the 23rd of October, about twenty minutes after eight o'clock, I found a horse straying in my master's mews—it had no harness on—I took him into our stable, and gave information at the station-house—it was afterwards delivered to Mr. Sawyer.
JOHN BLATCHLEY . I am an egg salesman, and live in Douglas-street, Vincent-square, Westminster. On Tuesday morning, about 11 o'clock, I was called into my shop, and saw the prisoner—I am quite positive he is man—I did not know him before—he asked if I wanted to purchase a harness—I said I did not, for I had a very good one—he had not got it with him—he said he was in the cab line, and found his calling so dead he had
unfortunately been obliged to part with his cab, he had sold his horse the Friday previous, and had part of the harness to dispose of—he said he had taken some premises very near to me to go into the beer trade—I knew the premises were to let—he said he would sell the harness to me a bargain—I said I did not feel disposed to buy it—he said would I look at it—I said he I might do as he pleased—in about ten minutes or a quarter of an hour he brought I it—I examined it, and found no collar, no bearing rein, nor breeching—he asked a sovereign for it—I said I bad no use for it, and if I bought it I should only lay it by—I eventually bought it of him for 10s—in the course of the day my business led me past the premises he had named, and I found them occupied by a different business—I felt uneasy, and the following morning went and gave information at the station-house—the inspector sent a man down to examine the harness—in the course of the evening Sawyer came and identified it, and I gave it up.
Cross-examined. Q. What is it worth? A. I consider, Hinder existing circumstances, that I gave the value of it, but the owner values it at I considerably more—I went to No. 51, Hinton-street, in consequence of information which was given to the prosecutor—it is not more than ten minutes' walk from my house—we found the prisoner there in bed about ten o'clock.
GEORGE S----. I am a policeman. I went to the house in Hinton-street, and took the prisoner in bed—I told him I took him for I stealing a horse and cab—he made no reply—I found the cushions between I the bed and sacking on which he was lying—there was a female in bed with him—I believe it was his wife.—
—SAWYER re-examined. These are my cushions, belonging to the cab—I saw the horse at Queen-square—it was mine—I also saw the cab and harness, and am certain they all belong to me.
GUILTY . Aged 35.— Transported for Fifteen Years.
Before Lord Chief Justice Denman