CENTRAL CRIMINAL COURT.
SIR JOHN COWAN, BART., MAYOR.
THIRD SESSION, HELD JANUARY 1, 1838.
MINUTES OF EVIDENCE,
Taken in Short-hand,
BY HENRY BUCKLER.
GEORGE HEBERT, CHEAPSIDE.
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, January 1, 1838, and following Days.
Before the Right Honourable Sir JOHN COWAN , Bart., LORD MAYOR of the City of London; Sir Edward Hall Alderson, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir John Williams, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir Thomas Coltman, Knt., one of the Justices of her Majesty's Court of Common Pleas; George Scholey, Esq.; Henry Winchester, Esq.; Aldermen of the said City; the Honourable Charles Ewan Law, Recorder of the said City; Sir Chapman Marshall, Knt.; James Harmer, Esq.; John Pirie, Esq.; and John Lainson, 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, THIRD 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, January 1st, 1838.
First Jury, before Mr. Recorder.
NOT GUILTY .
GUILTY .—Aged 13.— Confined One Month.
314. ELEANOR WILLIAMS was indicted for stealing, on the 22nd of December, 1/4 of a yard of Woollen cloth, value 1s. 6d.; and 300 patterns of waistcoats, value 5s.; the goods of James Tucker and another, her masters.
MR. CLARKSON conducted the Prosecution.
JAMES TUCKER . I am in partnership with my brother—I have no other partner—we carry on business in Noble-street, in the City. The prisoner and her mother were in our employ—on Thursday, the 21st of December last—I delivered to the prisoner several pieces of cloth, for the purpose of having letters worked on the ends of each—among the pieces that I delivered there was one piece that measured 15 yards—I measured the whole of them on the Thursday, and she completed her work on Friday morning, about ten o'clock—I measured a piece that was 15 yards, and missed from it a 1/4 of a yard—it was of a blue colour—I found three of the pieces had been cut—half a yard was cut from one of them—I then went with Herdsfield the officer to the prisoner's mother, and he found, in the prisoner's box, these patterns of waistcoating—these pieces are duplicates of the goods we have formerly shipped, and it is possible we may want to refer to them, when merchants want the same sort of goods again—they are tied in bundles, and have a slip of paper put under the twine with the mark of the package on it—the tickets were gone when they were
found in her lodgings; they were in such bundles as we kept then, but they have been opened since—I knew them the moment I saw them—we did not find the piece of blue cloth—the prisoner's sister pointed out her box—the prisoner was lying on the bed in a state of intoxication—the sister was not in our employ.
Cross-examined by MR. PHILLIPS. Q. These strips are of little value in themselves? A. I do not know what they might realise if they were sold—they are taken from the ends of the goods to preserve them as references—we have a large quantity of them—they are invaluable to us—they were taken from a part of the premises where she had no right to go whatever.
THOMAS HERDSFIELD . After the search had been made at the lodging I accompanied the prisoner to the Giltspur-street Compter—I do not think I said any thing to her about searching her—I was about to take her down the passage to the matron, when she called me aside, and took from under her stays this piece of cloth, and said it was her master's property—she hoped he would be merciful to her.
Cross-examined. Q. Did you mark it? A. No, certainly not—I had no suspicion till I received information.
GUILTY of stealing the cloth only. Aged 26— Confined Four Months.
JAMES JOHN ADAMS . I live at No. 39, Finsbury-square, and am as apprentice of Mr. Green, of St. Thomas's Hospital. I was in Fleet-street, on the night of the 19th of December, about 10 o'clock—I found that the shadow of a bonnet was close to me—I put my hand to my pocket, and felt my handkerchief safe—I felt again and missed my handkerchief—I turned and saw a female and the prisoner conversing together, and looking at me—I went to them and touched the woman, and saw the handkerchief in the prisoner's hand—he was about to leave the curb-stone—he ran into the road—I pursued him to the corner of Fetter-lane—I saw him throw something, which I imagine was my handkerchief—he ran up that lane about three yards—I took him, and some person brought my handkerchief to me, which was wet with mud—this is it—the one I saw in his hand looked like this—he ran away and threw something away.
Prisoner. I never had the handkerchief in my hand—it is the first time I was ever in prison—I am innocent—I never saw the woman in my life Witness. I am sure you were talking to the woman—you were standing close to each other.
Prisoner. I was not running.
JOHN CORFIELD . I am an officer of St. Dunstan's. I took charge of the prisoner—I have the handkerchief, which was given to me by the prosecutor—the prisoner gave his address, "No. 8, Plough-court," and no such person is known there.
Printer. I am innocent of the charge—I hope it will be a warning to me if you have mercy on me—I was never in trouble before. GUILTY . Aged 27.— Confined Two Years.
JAMES PARKES (police-constable N 150.) On the afternoon of the 11th of December, about half-past three o'clock, I was on duty in Dalston, between Hackney and Kingsland-green—I met the prisoner with this bundle of clothes—he appeared in a confused state—he was walking down behind a lamp-lighter—I stopped him and asked him what the bundle contained—he said a blue jacket, waistcoat and trowsers, and he was going as cook on board a vessel bound for Sidney—I looked in it, found the trowsers, and gown, a waistcoat, and a black coat—I asked him where he brought them from—he said from his lodgings, the Angel at Islington—in going to the station he tried to make his escape—I succeeded in taking him again, and took him to the station at last—he said he found them in a field behind a hedge—on the Sunday following I found the owner of the property.
AMELIA CHILDS . I am the wife of Robert Childs, of Stoke Newington, a carpenter. These are my husband's things, and the gown is mine—I saw them safe about half-past nine o'clock on the 11th of December—I laid them up stairs in a box—it was not locked—my house is half a mile from Dalston—I did not miss them till the 17th, (the Sunday following,) not having occasion to go to the box—the prisoner had no business with any of them—I never saw him before—they are worth 1l. 10s.
Prisoner. I have followed the sea forty-eight years—I went into the country to look for some captains to get me into Greenwich College—in coming along the road I found these things honestly—I had had it in my possession three quarters of an hour when the policeman stopped me.
JAMES PARKES re-examined. He would give no description of the field where he found them—they were wrapped in this old handkerchief, which is not the prosecutor's—I found on him some bread and meat as if taken he took them from gentlemen's houses.
GUILTY *. Aged 75. Confined Two Months.
DANIEL CORK . I live in Leadenhall-market, and am a meat salesman. The property in question was produced to me by the officer—it was the same that had been in my shop, and was unsold—my man can identify it better than me.
JOHN GRIMES . I was on duty in Leadenhall-market, on the afternoon of the 19th of December—I observed the prisoner on Mr. Cork's premises—I saw him go away hastily—I followed, and took him, and found on him a piece of mutton weighing about the weight that Mr. Cork has
stated—it is what the butchers term a pair of hind quarters—I asked him what he had got there—he said "Nothing"—I said, "Come back"—I brought him back, and detained him—one of the men knocked at Mr. Cork's door, and he said he had missed a pair of hind quarters of mutton.
HENRY WEBB . I am in Mr. Cork's employ. I saw the hind quarten which the officer took from the prisoner—I left them safe at one o'clock, when I went away, and the next morning they were gone—I can swear to them—they were worth about 24s.—I saw the mutton before the Magistrate.
Prisoner. I was unfortunate once, but returned about five yean ago—I was out of work, and was driven to it by distress, and the fear of having my goods seized—I have a wife and one child.
GUILTY *. Aged 33.— Confined Three Months.
JOHN SAUNDIRS . I am shopman to Mr. Henry Joseph Niblett, a silversmith and pawnbroker, in Farringdon-street On the evening of the 27th of December I was in the shop, and saw the prisoner about half-past seven o'clock, as I was engaged serving a customer—I observed the prisoner come and take a hat off a peg—he ran off across the road—I pursued and took him with the hat in his possession—he made a desperate resistance, and tried to get away, but I succeeded in keeping him—he did not strike me, but tried to get from my grasp—this is my master's hat.
GUILTY *. Aged 31.— Confined Six Months.
OLD COURT.—Tuesday, January 2nd, 1838.
Second Jury, before Mr. Common Sergeant.
MESSRS. PRENDERGAST and PHILLIPS conducted the Prosecution.
COATES FENNELL . I am a tea-dealer, and live at No. 18, Lawrence Pountney-hill. I know both the defendants—on the 20th of April, I called at the house of the defendant Boone, in Paradise-row, Chelsea—I think it was No. 64—I am in the habit of calling at houses for orders—I saw a person there who represented herself to be Mrs. Boone—I solicited an order—(the defendant Boone was not within at that time)—I have seen that woman since—she is called Ann White—she represented herself as Boone's wife—when I asked for the order, she said Mr. Boone had gone to our house to give me an order, but as I should not see him she would give me an order herself—I had called at the house once before, and left my address—the order she gave me amounted to 5l. 19s. 0 1/2 d.—I told her my manner of doing business was for ready money—she said if I had a mind she would give me part payment then—I said that was not the general way of doing business, the general way was to receive the money when we delivered the goods—I went away without any money—I sent my porter with the goods the next day (Friday)—he did not bring back any money, nor the goods—on the 1st of May, in consequence of what I heard, I went to Boone's house in Paradise-row, and found it
shut up—I then set off to Mr. Bromwell, the landlord, and got some information from him—I afterwards went to Mr. Davis, along with Mr. Bennett, and in consequence of what Mr. Davis said, I went to No. 9, Fann-street, Goswell-street—I saw a female there dressed in widow's clothes—I don't know whether she is one of the female defendants, White or Collins, who are not in custody—she called herself Weed—after watching the house some time I saw the defendant Quantock, (who went by the name of Collier) at the house, No. 9, Fann-street—Mr. Bennett was with me the first time, and he stood in the passage at the time, I saw Quantock in the parlour—Quantock told me his name was Collier—Mrs. Weed introduced him to me by the name of Collier—she said "Mr. Collier is returned"—Quantock was present then—I went in to ask if Mr. Collier was at home, and she introduced him, and said, "Mr. Collier"—Quantock asked if I was the person who had been at sheriff's officer—he said his name was Collier—I asked him if he knew a person of the name of Boone—he said, "Yes," he had been with him in the morning, and he should see him again, and would not leave him until I had an interview with him—Mr. Bennett was in the passage at this tune—a person who I have since seen, by the name of Leather, was there—Quantock then left the house—I went to a public-house opposite, and staid there two or three hours—I saw Quantock return, I think about nine o'clock—I then said to him, "Now, Mr. Collier, have you seen Boone?"—he said, "I have, and what is that to you? you will not see him;" what the devil did I want to disturb his peaceful house—I think I said, "You are a d—rogue, you have got a shop open on St. Andrew's hill, you think we don't know it, but we do"—he said, "I will bet you 50l. that I have not got a shop there"—I said, "I never bet with rogues."
Q. While you were watching at the public-house, did you and Mr. Bennett at any time go across to the house where Mrs. Weed was? A. We did, and saw her, and she told me her name was Mrs. Collier—she had told me at first that her name was Weed, and that she was left with a handsome income—when she told me her name was Collier, I said I had taken her to be an honest woman, but I found she was one of the gang, and her information was useless to me—she said, Collier was her husband—the first time we went she said that Leather was a man that had come for work, and she did not know him, but the second time she said he was her father—I did not see any man leave the house with a parcel, that evening, but I believe Mr. Bennett did—in consequence of information I afterwards went to a gentleman named Dimsdale, in John's-row, Bath-street, City-road, and from what he said I went to Brook-hill with Mr. Davis, Mr. Taylor, Mr. Bennett, and Mr. Bromwell—I do not recollect the number of the house we went to—it was something like a broker's shop, but there was nothing there but some knobs for drawers, and a few old scales—the name of Quantock was over the door—I just went to the door, but did not go into the shop—I saw Quantock in the shop—he is the man who had been introduced to me as Collier—I said, "Mr. Collier, gentlemen," introducing him—he said, "My name is not Collier, it is Quantock, I will give you my card"—I said he had passed by the name of Collier the night before—he said he had passed by the name of Collier to suit a particular purpose—we went away, and I afterwards went to the shop on St. Andrew's-hill, and saw two females in the shop there—the elder one did not give any name, the other went by the name of Betsy
White—I did not know the elderly one before—we asked her name, but she would not tell us—next day Quantock came to me and said, "You name is Coates Fennell, Sir"—I said, "Yes, it is"—he said, "I am going to order an action against you all," and either that day or the following I received this writ (looking at it)—he did not say what the action was for, and I did not ask him—I told him to do as he liked—no action has been proceeded with.
Cross-examined by MR. CHAMBERS. Q. Do you carry on business on your own account? A. I do, as a tea and coffee dealer—I go rounds and solicit orders for myself—I have carried on business nine months in Lawrence Pountney-hill—before that I was not in business—I was shopman at Mr. Danby's, a grocer, in Whitechapel—I was apprenticed to Bicken and Co., grocers—I have been out of my apprenticeship four years—during that time I have been serving in three shops—I was nine months with my last master—about nine months with the previous one, and with the one before about eight months—the rest of my time I was with my brother and sister—not in any employment, except going to the Docks for Brockall and Knight, as my brother was the bead man there—I have a warehouse and counting-house at Lawrence Pountney-hill—I first of all met with these customers by calling on them myself—I went to No. 9, Fann-street, the first week in May—it was on that occasion I first saw Quantock—I do not know whether it was the first day I went there that I saw him—I went several times—I saw him the last time I went into the house—I saw him twice in the same day—that was the last day I went—on the several other occasions I went there I saw Mrs. Weed—I had not seen Boone—I did not know him—I saw nobody there besides Mrs. Weed and the person I believe to be Leather, except some children—I went into the house on those occasions—I found a workshop at the back of the house, but there was nothing in it—I saw no tools or wood there—when I saw Quantock he was in the house—I had not sees soy body but Mrs. Weed before Quantock came in—Mr. Bennett was within hearing when the conversation took place between myself, Mrs. Weed, and Quantock—I saw Quantock again after that, the same evening—I was against the door of No. 9, Fann-street then—it was then he wanted to bet abcut the place at St. Andrew's-hill—it was after that I went to St. Andrew's-hill—I do not know whether we did not go that night—I believe we did—yes, we did—Mr. Bennett went with me.
Q. Do you intend to represent that you recollect every word accurately that was uttered by Quantock? A. I can so far as having said the words that he uttered—I have told all I have now mentioned, before, to Mr. Davis and Mr. Taylor—every thing I have said to-day.
Q. Besides what he said with regard to his knowing Boone, did he not say that Boone worked for him? A. He did not—he did not say how he came to know Boone—I did not ask him—I asked him where Boone was to be found, and he said he had seen him—that was on the first occasion—he said he had seen him that morning—I asked him where he was to be found—he said he should not tell me, or something of that sort—he said he should probably see him again, and would take care he should not go away until I had seen him—when Quantock came back the second time, about nine o'clock, he went into the house—there was a female with him, and I think a man—I did not see Quantock in the workshop—it was a place made for a kitchen, but they took it of Mr. Dimsdale to make
a workshop of—the female in the house told us it was a workshop—it is at the back of the house, in the yard—I did not see Quantock there—Mr. Bennett was with me the second time, at nine o'clock—nobody else—Mr. Bennett did not ask Quantock any questions—he left it all to me—I did not see any cart there—I went away from Fann-street just after we had seen Quantock—we went from there to St. Andrew's-hill—I went to Guildhall, and was examined—I saw Quantock there—he came there of his own accord, for any thing I know.
MR. PHILLIPS. Q. When he appeared there, I believe he was held to bail to take his trial? A. Yes—he had come as a witness for the other defendants—I took the defendant Boone into custody myself, a long while after I had seen Quantock—I saw him at the Angel in Farringdon-street—I had never seen him before, but he owned to the case, and said he would pay me—I took him to the Compter, and he appeared at Guildhall next day—Quantock came as a witness for him—I told the Alderman what Quantock had done, and he was detained—Boone denied all knowledge of Quantock—he said he never knew such a person as Quantock—he said that before he had seen him—he said he knew Collier, but did not know such a person as Quantock—Quantock and he were together at Guildhall—they appeared to know one another—they whispered when they were at the bar—I saw that—Quantock went by his own name at Guildhall—Boone heard that, and after that they whispered together.
Q. When you saw Boone, and took him into custody, did you ask him any thing about Quantock? A. I did—I asked him where he lived—he said he did not know such a person—I mentioned the name of Collier to him—he said he knew Collier—I told him they were all of one gang, and I would transport them all—he then said, "I suppose it is money you want"—I said, "No, it is not; I will transport you all for the good of the country"—he said, "I will pay you, if you like; I will pay you part, and give you good security for the rest"—I said, "You know you have swindled me and several others at Chelsea"—I did not tell him what they had got from me, nor mention any sums to him—when I said I would transport them all, he said, well then, I might take the consequences of it—I do not know of any thing else that passed.
Cross-examined by MR. PAYNE. Q. When was it you saw Boone, and took him into custody? A. I did not take notice of the day—I did not make any memorandum of the conversation—it was the day before he went before the Magistrate—the conversation was in the watch-house—two or three people were present—the policeman and the officer—there were three men besides myself in the watch-house at the time—he said he knew Collier, but did not know Quantock—I represented myself to him as the person who had sent goods to his house at Chelsea, and told him my name—he then said he would pay me part, and give me security for the remainder.
GEORGE DAVIS . I am a grocer, and live at Knightsbridge. On the 7th of April last, the defendant Boone came to my house, and wished to be supplied with grocery, and to have credit, but he was to pay for the first Parcel—he said he had taken a shop in Paradise-row, and was going to commence business—that he was a cabinet-maker, and had taken this shop for his wife—he gave me a reference to a person named Collier, No. 9, Fann-street—in consequence of his statement I let him have the goods—he was to pay for the first parcel on delivery, which was 9l. 13s. 9d., but he
only paid 4l. 10s.—it was understood, on the first parcel being paid for, and his reference proving satisfactory, that he was to be supplied with another parcel at one week's credit—I then went to the reference, No. 9, Fann-street, Goswell-street, and saw a little woman—she was not in widow's mourning—I asked for Mr. Collier—she said her husband was not at home, but would be at home at ten o'clock at night—that he was gone to Deptford—I then said Boone had referred me to her husband, and asked her if his statement was correct—(I afterwards saw that same woman at St. Andrew's-hill—she called herself Mrs. Collier there, the same as she did in Fann-street—she was keeping the house on St. Andrew's-hill—I asked for her husband—I expect Boone represented the Mr. Collier there, but I did not see him there myself—when I saw the little woman in Fann-street)—she said, "Boone has served his apprenticeship to my husband, and he now works journey work as a cabinet-maker for my husband; he has married a servant-girl at Chelsea, with whom he has received about 30l., he has get about 10l. property of his own, and intends to open this shop for his wife, and he will still carry on the cabinet-making business himself; he has now work at home for my husband, which, if he brings home on Saturday, he will be paid for"—all this corresponded with what Boone had told me himself—in consequence of this I let the goods go—I saw Boone again on the 15th of April, and mentioned to him the conversation I had had with this woman in Fann-street, and told him I was satisfied—he had previously told me himself what Mrs. Collier had told me—he promised then faithfully to pay me for the goods every week—when I told him I had not seen Mr. Collier, but Mrs. Collier, he said it was all quite correct, that I could see Mr. Collier at any time—I went again, but could not fee Mr. Collier—Boone was to pay me for the goods on the following Monday, when he would want more—I let him have four parcels, which, altogether, came to 18l. 6s. 10 1/2 d.—he had paid 5l. 3s. 5d., the balance of the first parcel before he had the second, and then he had four others, which came to 18l. 6s. 10d.—he never paid any part of that—I went to Fann-street again twice in the week before I parted with more goods—I saw the same woman again, and she told me the same story both times, that her husband was not at home, but would be at home after ten o'clock at night—I repeated the first conversation I had with her to Boone—I did not repot the second—on the second Sunday after this I missed Boone from Paradise-row—I believe he had run away on the Monday morning on which he had promised to pay me—I received a letter, in consequence of which I went to the house on a Monday morning, in the last week of April I think—it was about three weeks after the first order—I found he had broken his name off the board—he had absconded, and the fixtures were taken away—there was no stock left behind—on the following Monday week I saw Quantock on Brook-hill, when I was in company with Mr. Bennett, Mr. Taylor and Mr. Fennell—we found they were at St. Andrews-hill after he ran away—I had been there myself, and seen the little woman there on Sunday the day before, I saw Quantock—I went into the shop with other parties who had been defrauded, and saw the woman—I said, "It is most extraordinary to find you here keeping a shop from Fann-street, after Boone has absconded from Paradise-row, and I verily believe you are all a set of swindlers together"—I asked her for her husband—there was a man in the parlour, who I said I would see, but he escaped by a side door and got away directly he heard the name of Collier mentioned
he hung his head down—I said, "Collier is in the parlour, is he not?" she said, "No he is not," I said, "There is some man in the parlour, let me see him, perhaps that is Boone,"—he then crouched down and made his escape—next day I went with others and saw Quantock on Brook-hill—I was introduced to him by Mr. Fennell, who said, "Here is Mr. Collier," Quantock looked as all bad people do, ready to drop, and said, "My name is not Collier, my name is Quantock"—Mr. Fennell said, "Why you represented yourself to me as Mr. Collier yesterday, Mr. Quantock, why did you do so?"—he said, "I did answer to the name of Collier yesterday, but it was to suit my own purpose, you may take what advantage you like of it"—Mr. Dimsdale was not present—Mr. Bennett, Mr. Taylor, Mr. Fennell, and myself were present—(Mr. Taylor it now very ill in bed)—I thought Quantock would have struck Mr. Fennell—I intimated that he must be connected with those swindlers in Paradise-row—I said, "Mr. Collier, I must have some conversation with you respecting that swindling transaction of Boone's"—he directly changed his countenance from a florid complexion to a pale white, and was ready to drop, and said, "My name is not Collier, it is Quantock."
Q. Did you go to Fann-street after the house in Paradise-row was closed? A. Yes, the day before the conversation with Quantock, and there we saw the widow woman called "Weed"—(I had previously seen Mrs. Collier in St. Andrew's-hill)—I said to Mrs. Weed, "I have just seen Mrs. Collier at St. Andrew's-hill, and said, This looks very suspicious that she should open a chandler's shop there with my goods, which she got in Paradise-row," she said, "Don't make a noise here, the parties, have all left here, my name is Weed."
Cross-examined by MR. PAYNE. Q. What time of day did you go to Paradise-row, at the end of April? A. The very first thing in the morning—Boone had appointed to pay me on Monday morning—the letter said, he should be home too late on Saturday from Fann-street to receive his money, and we went the first thing on the Monday morning—I had been there on the Saturday—my apprentice brought the letter to me from Boone on the Saturday.
Cross-examined by MR. CHAMBERS. Q. When was it you went to Quantock on Brook-hill? A. The following Monday week that Boone ran away—I had been to Fann-street on the Sunday before and saw Mrs. Weed—Mr. Fennell, Mr. Bennett, and Mr. Taylor went with me—it was on the Sunday evening, after we had seen Mrs. Collier at Brook-hill—we had agreed to meet about five o'clock in the evening, having got information that the woman Collier was at Fann-street—we went to Fann-street about seven o'clock in the evening with my man, who delivered the goods, had saw Mrs. Weed there—we stopped there two or three hours, but not in the house—we went into the house several times, as there were three or four men there, and one or two women—the neighbours said they were all the people that came there—I saw a man there who I have since seen in Mr. Leather's shop in Princes-street, Drury-lane—Mr. Bennett, Mr. Fennall, Mr. Taylor and myself were together all the time, tracing and endeavouring to find the people—on the following afternoon we went to Quantock's shop—we all went in at the door.
Q. I believe it was a turner's shop? A. I am very much afraid it was not—I saw nothing satisfactory—I should say it was a receiver of stolen
goods house—I did not go in—there were a parcel of things there not worth 5s., and a man there who is in Court now—I did not like the appearance of it at all—Quantock's name was over the door—when I said "Your name is Collier," he said, "No, it is Quantock," and pointed to his name over the door—he said immediately that his name was Quantock, and when I said, "How dared you represent yourself as Collier?" he said it was for a particular purpose.
JAMES BENNETT . I am a grocer, living in Gerard-street, Soho. On the 19th of April a woman representing herself as Boone's mother, called at my shop—I afterwards saw Boone, and he spoke to me on the subject of paying for what the woman had ordered—she ordered some goods of me—the first order came to 10l. 5s. 7d.—she said they were to go to Pandiserow, Chelsea—I agreed to give her a week's credit—I told her the first parcel should be paid for on delivery, and after that I would give her a week's credit—she said she would, and the goods were sent—she came again and ordered goods to the amount of 4l. 9s. 7d.—I had not been paid for the first order then—the second parcel was sent—I afterwards called at the house in Paradise-row, and saw Mrs. Boone and two or three others who I do not know—she gave me a third order—I rather objected, on account of its being such an immense sum—it amounted to 20l., being more than I agreed to give her credit for—she had not paid for either of the former parcels then—she said she had 50l. to receive at Somerset House, and was going to receive it on the Saturday—I did not send any more goods—the defendant Boone called on me after that and wished for another order—he asked for some gunpowder tea to make up an order he had from his friends—he said he was a cabinet-maker and had a great deal of goods to take home on the Saturday, and was about to receive money—I said in consequence of its being such an enormous amount and more than I had agreed to give them credit for, I objected to executing the order he gave me—he said he would call, on the honour of a man, and pay me on the Saturday for the goods Mrs. Boone had had—the credit expired on the 26th—on Monday the 28th I called at Boone's, and called several times in vain—I did not see him at all—I was at last promised to be paid on the Saturday, but was not—the second parcel of goods was due on the Saturday—I was never paid for either.
Q. On the Friday night before the Saturday, on which you were promised payment, do you remember Boone calling on you? A. Yes—he gave me another order, and promised to pay me on the Saturday, if I executed the order, but I did not execute it—on the Saturday night a basket of mine was sent back from Boone's, but nothing in it—on Monday morning I called at Boone's—I found the shop closed, and found, on inquiry, that he had absconded between five and six o'clock that morning—I did not see him again till he was at Guildhall—I went to No. 9, Fann-street, about the beginning of May, finding Mr. Davis was a creditor, and that he had been referred there—I did not see Quantock there—I saw Mrs. Weed, as she represented herself—I went with Mr. Fennell—I do not remember on what night it was—Mr. Fennell went into the parlour, and I went in with him the first time we called—I saw a woman there who represented herself as Mrs. Weed—I went again, and staid in the passage while Mr. Fennell went into the room—I heard him speaking to somebody in the room—I did not see any man, but I could hear a man's voice, and a woman's, but I could not hear what took place so as to state it—I
afterwards saw a man come out, and I followed him on to St. Andrew's-hill—he had a parcel in his hand—I then came back and reported it to the parties—I have seen that man since, and believe it to be Leather—I went into the house at St. Andrew's-hill, that night, and saw an elderly female and a young one—I said nothing to them, nor they to me—it was a shop fitted up in the general line—it was much such a concern as I had seen at Paradise-row—I did not recognise any of the parties just then—it was about six o'clock in the evening—I afterwards saw a man in the back room, sitting before the fire—Mr. Davis was then outside—we wished to get a glance of the man, hoping to recognise him as one of the party, but we could not see him—I do not know what became of him.
Cross-examined by MR. PAYNE. Q. You were only examined before the Magistrate as to the amount of your debt? A. No—I did not sign any deposition.
Cross-examined by MR. CHAMBERS. Q. You went twice in the same evening to Fann-street? A. Yes—more than twice—it was the first time I went into the parlour, Mr. Fennell was with me—nobody else—I heard the talking the second time—I was then in the passage close to the door—I could not see into the room because the door was closed.
MR. PRENDERGAST. Q. Have you ever seen Quantock? A. I saw him on Brook-hill with Mr. Fennell—he told him he was the man who he had seen before under the name of Collier—Quantock immediately took a card out of his pocket, and said, "My name is not Collier, it is Quantock, my name is over the door," and that he had his reasons for passing by the name of Collier the night before.
JOSIAH DIMSDALE . I am landlord of the house, No. 9, Fann-street, In March last I let that house to a person calling himself "Thomas Collier"—it was not either of the defendants at the bar—I saw a man named Leather one night when Thomas Collier gave a reference to him and to Quantock, for a character—Quantock was living at Brook-hill, and Leather in Northampton-street, Clerk en well—he stated that Leather was his father-in-law—I am quite sure Thomas Collier was neither of the defendants—I called on Quantock on Brook-hill, and told him Collier had applied to me—he gave Collier a very excellent character as a hard-working, industrious man, in a small cabinet line, more particularly in the looking-glass frame line, and he showed me one of his frames of a dressing-glass, and said that was one of his making—he did not say where Collier worked, or who he worked for—Collier told me previously, himself, that he supplied various shops in London, and mentioned one gentleman whom I knew, but I did not go to him—the other reference in Northampton-street, Clerkenwell, was equally satisfactory—Leather stated him to be a hard-working man, and that he had married his daughter—I have never seen Leather since—I then let Collier the house—during the time he occupied it I went there—there was a young man at work in the back shop—I did not see either of these defendants there—I afterwards received information that the parties were gone—I got no rent—I did not find the house in so good a state as when I let it—some of the fixtures were gone, and sashes from the windows—I afterwards went to Quantock to know if he could tell me where to find Collier—he could not tell me where to find him exactly—he said his friends were living at Reading, and I ultimately received the key with a letter in a brown paper parcel, one night at my house.
Cross-examined by MR. CHAMBERS. Q. When was it you were applied
to to let this house to Collier? A. In March last—he mentioned a very respectable gentleman named Wainwright, in Conduit-street, for whom he worked—he is a large looking-glass manufacturer—he did not refer me to him for his character—I did not go to him to make any inquiries—Quantock told me that Collier had worked for him, and showed me a piece of his work—I dare say he said he had worked for him some time—he certainly said he had known him a long time—he said he usually did such work for him as frames for looking-glasses—he told me he knew his relations, who lived at Reading—this was after he had gone away—when I first went to him, I made no further inquiry except as to his working for him.
ANN SPENCER . I live on St. Andrew's-hill. In May last a person named Collier came to me about a house of mine on St. Andrew's-hill—I do not see the person here—it was not a house, only a shop and parlour—I had the letting of it—it is not my own—it belongs to my niece—he gave me a reference to No. 9, Fann-street, and my husband went to make inquiry—in consequence of what my husband told me I let him the shop and parlour at 12s. a week—he staid there three weeks, and paid for only one week—he left one morning before I was up—the neighbours called me up at six o'clock to say he was gone—I went, and found he was gone, and had taken the key—I cannot say whether I should know the man again or not, seeing so little of him—it was a month before I could get entrance.
Cross-examined by MR. PAYNE. Q. Were you examined before the Magistrate? A. No, nor before the Grand Jury.
—SPENCER (this witness was blind). I am husband of last witness. I went to a house in Fann-street—I think it was No. 16—Mr. Collier, as he called himself, met me coming, and took me across the road and into the parlour—I got a good account of the person—we let the house to Collier, and the person I was to see in Fann-street is named Collier—he came to our house, and I went next day—he did not give the proper name.
MRS. SPENCER re-examined. He gave no name at all—he said a person in Fann-street would say, the rent would be paid.
MR. SPENCER re-examined. I could see a little at the time I went—there was a good counter there, and goods in the house—there was another gentleman there, who said he was a cabinet-maker, and he must go, his time was up, and he went away—I did not see Quantock.
WILLIAM LOWTHER . I am in the employ of Smith and Co., stationers, in Newgate-street. A woman representing herself as Mrs. Collier, came and asked if we were in the habit of serving small shops, and wanted me to let her have goods to the amount of about 6l. on a month's credit, and security to be given by Mr. Leather, of Fann-street—I went to the shop on St. Andrew's-hill, which was the place where she represented herself as living—I saw the woman there who represented herself as Mrs. Collier, and another who represented herself as Collier's wife—I also saw an elderly man, but I should not know him again—I did not see either of the defendants at that house—I saw Boone at our shop—he represented himself as Collier—he told me his name was Collier—that was after the woman had called—he wanted me to give up an agreement which had been signed by Mr. Leather, of Fann-street—my shopmate had got a paper from Leather, and Collier came and said he wanted it, as we were not
satisfied with the reference, he expected we would give it up, and he would call next day, but he did not—I sent my shopmate Jameson to Leather, and in consequence of what Jameson told me, I got up the order—it amounted to 6l. odd, and the goods were sent to St. Andrew's-hill—I did not take any goods there myself—I went there before the goods were delivered, and saw the woman representing herself as Mrs. Collier, and another representing herself as Mr. Collier's wife—I met with Mr. Fennell, and in consequence of what he told me I went into the shop and said, "I must have my goods"—the old lady who represented herself as Mr. Collier's mother was there, and I got the goods—I hired a man who carried them away for me—the woman dared me to take them, but I did.
Cross-examined by MR. PAYNE. Q. When was it yon saw Boone at your shop? A. About the 6th of May, the day after the goods were delivered—he was not with me above three minutes—I had never seen him before—Jameson was in the shop at the time—I am quite sure the person said his name was Collier—I did not make any memorandum of the conversation—I am certain of him.
—JAMESON. I am in the employ of Smith and Son, of Newgate-street I was in the shop when a female made application for goods to be sent to St. Andrew's-hill—I was directed by my employers to go for a guarantee for the goods—I went to Fann-street, on the left hand side going down from Aldersgate-street—I there saw a person who answered to the name of Leather—he told me to draw out the form of a guarantee and he would sign it, and he did sign it—I told him that Collier had represented himself as being in his employment, and that he would become answerable for the money—he said Collier had not mentioned any thing of the sort to him, but he was an honest man, and a good man he believed, and he would do any thing of the sort for him—this is the guarantee (producing it)—I have witnessed it—a man afterwards came to our house to ask for the guarantee, but I cannot say that his name was Collier—I do not know who he was—I cannot swear to him, but I should think that was the party (pointing to Boone.)
Cross-examined by MR. PAYNE. Q. Have you been examined before about this? A. No.
CHARLES BARNARD . I am clerk to Slee and Co., vinegar makers at Horsleydown. In April last, a woman calling herself Mrs. Collier came to our house—I was not there when she came, but in consequence of her calling there, I afterwards went to a house on St. Andrew's-hill, with the name of Collier over the door—I did not see the name over the door, nor see any name at all—I saw Boone there—he went by the name of Thomas Collier to me—I am sure he used that name to me—he said he was a cabinet-maker, and was earning 30s. a week; that he worked in Barbican—Long-lane, Smithfield, was mentioned—I think I asked who he worked for there, and I think he gave me the name of Farmer—we sent him two quarter casks of vinegar, and two casks of mustard—it has never been paid for—I went to the shop about a month afterwards and found it shut up.
Cross-examined by MR. PAYNE. Q. When was it you went to St. Andrew's-hill, the beginning or end of April? A. The goods were delivered on the 29th—I was about a quarter of an hour with the person who represented himself as Thomas Collier—I saw his wife, as she was represented, in the back room with a child in her arms—there was no one with
me—I had not seen the person before to my knowledge—it was a middling light place I should say—it was between two and three o'clock I think—he promised to pay for the goods in a month—he did not want any credit—I was not examined before the Alderman about this case.
ROBERT FENTON . I am shopman to Mr. Roberts, a tobacco-manufacturer in St. John's-street. On the 1st of May a woman came to my employers for goods to be sent to St. Andrew's-hill—I was not present, but in consequence of directions from my employers, I went to the reference, which was in Fann-street—I was to inquire for Mr. Taylor, of Fann-street, to inquire about Thomas Collier, of St. Andrew's-hill—(I afterwards saw the defendant Boone, who represented himself as Thomas Collier to me)—I saw a person representing himself as Taylor, of Fann-street—he said he was a bedstead-maker and upholsterer—it was not Quantock—I have not seen Leather since—Mr. Taylor's answers were quite satisfactory—I was then ordered by my employers to convey the goods to St. Andrew's-hill, on the 2nd of May, for Thomas Collier—when I get there I saw Boone, who assumed the name of Thomas Collier—I inquired if he was Mr. Collier—he said, "Yes, sir, my name is Collier"—I told him I had brought some goods from Mr. Roberts, of St. John's-street—he said, "Yes, my mother ordered them in the morning"—I asked could I assist in putting them away, or any thing—he said, "No, sir, I have just got leave from my employer, Mr. Taylor, to come down and put them away," and he was to return in a short time to his employ ment in Fann-street—we never got a farthing for the goods—when I went to St. Andrew's-hill afterwards, I found the shop closed, and he gone—I went to Fann-street immediately, and found they had gone from there at the same time—both houses were shut up—it was No. 9, Fann-street, on the left hand side from Aldersgate-street.
Cross-examined by MR. PAYNE. Q. When did yon go to Fann-street? A. On Tuesday, the 2nd of May, I went to No. 9 on the ground-floor, and I saw a person representing himself as Mr. Taylor—I was with in about a quarter of an hour or twenty minutes, as far as I can judge—I to not see that person here now—I did not see either of the defendants then—I saw Boone in the shop at St. Andrew's-hill—I was there about a quarter of an hour—I merely delivered the goods, and saw that my invoice was correct according to the order given—there were about twenty articles—there was a female there with a child in her arms—I had the conversation with the prisoner Boone—I am quite sure he is the person—I had not seen him before.
JAMES BALDWIN . I am a paper-hanging-maker, and live in St. John's-street. A man calling himself Collier, who is not in custody, came to me, and ordered 12l. or 13l. worth of paper-hanging—I told him I had me objection if he could refer me to a respectable tradesman, and he referred me to a person named Quantock—I went to Quantock, at Brook-hill, and asked him if he knew a man named Collier, of Northampton-street, Clerkenwell—he said he did, he had known him from a child—I said I was referred to him by Collier, as I was about letting him have 12l. or 13l. worth of goods for six or seven days—he said, "Sir, you need not hesitate one moment, let him have 20l. worth; he is perfectly safe"—I then let Collier have the goods, and on passing the house in Northampton-street afterwards, I saw it was shut up—Collier had fetched the goods from my shop—I saw Quantock at Brook-hill, when I asked him whether he knew a man named Collier—
he said he did, perfectly well—I told him Collier lived in Northampton-street—I communicated to Quantock what Collier had stated to me—Quantock gave him a very high character—he did not give me a guarantee—I did not apply for any—in consequence of what Quantock stated I let Collier have the goods—I did not see Collier at my shop afterwards, but I saw Quantock and him pass my door intoxicated, but I should tell you when I found he had run away in the night, I went to Quantock's, and asked him whether he was aware of what had become of the man who he had given such a high character of—he said, "Yes, the rascal, I am looking for him, he has run away 5l. in my debt"—and it was only a few days after that that I saw Quantock go by my shop with him, arm-in-arm, quite intoxicated—with the man he said he was looking for, who called himself Collier—I did not see Boone at all, till he was at Guildhall.
Q. Do you remember Collier making his appearance at your shop with another person, and stating that the work most be finished? A. That was a second lot he wanted—instead of bringing the money on Saturday, as he promised, he brought a gentleman with him, they had a few words in the shop together, and that gentleman said he would not pay a halfpenny till the shop was finished.
Cross-examined by MR. PAYNE. Q. What sort of a man is Collier? A. Very much like the defendant Boone, but it was not him—Collier applied to me early in April—I went once to the house, in Northampton-street, where he represented himself as living, to carry the patterns to be chosen, and I saw him there—I did not find out that he had moved from there to Fann-street—I did not take the trouble to trace him—the fact is, I have seen him once or twice since—I was not referred to anybody besides Quantock—I found Quantock's shop without any difficulty—Collier gave me a card of Quantock's—it appeared something like a broker's shop—I went into the shop—I did not make inquiry in the neighbourhood with regard to Quantock, before I took his word—when I found Collier was not in the way, and I could not find him, I went to Quantock—I could not see him the first day as he was not at home, but the next day I did—it was a few days after that I saw him and Collier arm-in-arm, both drunk—they passed my door in St. John-street—I told Quantock, when I went to him, that I lived in St. John-street—I went to Guildhall, but was not examined—Quantock was in the body of the Court, but was given into custody while I was there.
GEORGE LOCK . I am a carpenter, and live in Bream's-buildings, Chancery-lane. A person who goes by the name of Leather applied to me to do some work for him, and brought the defendant Quantock with him—he said he could not pay ready money for it, but would pay it in a bill at three months—I said I never did business for strangers without I knew something of them, and could not do it unless somebody joined him in the amount—after some time he referred me to Clark of Kingsland-road, who signed an agreement to pay me the amount—about a fortnight after, I found that Clark had gone away from the place—I would not then proceed with the work, and Quantock said he would enter into a bill for £20, to be guarantee for Leather, which bill I have got—it has come to maturity, and a party came a few days before and wished to put it off, as he had a great many debts out—it has never been paid—I have not been paid any thing—Quantock came to my house one morning, and said he knew Leather could not pay the bill for a few days, bat that Leather hall a legacy left him, and it was to be paid on the 1st of January—he said he
did not believe much what Leather said, but he went to an old sister of his, who was just on the verge of the grave, and he did not think she would tell a lie, and that she said the same—I renewed the bill on that representation—Quantock is still the guarantee—he gave his address on the bills omewhere about Brook-hill.
Cross-examined by MR. CHAMBERS. Q. Is this the old bill, and the renewed one? A. Yes—I do not know how I came to keep both—the renewed bill is not due yet—John Fletcher, whose name is on it, is a party I paid it to, but I have paid him and got it in my possession—I did not go to Brook-hill to see Quantock—I sent both my clerk and foreman at the time of the renewal of the bill—it is due on the 6th of January—I had begun the work when the first bill was given, but finding Clark had left the place, I would not proceed with the work without further security—I was to be paid within three months—it was fitting up a grocer's shop he had taken in Princes-street, Drury-lane—Leather is not there now—I know nothing of a guarantee being given to Quantock to return the first bill—no arrangement was made about returning the first bill, that I am aware of—the arrangement was with me, but I got my clerk to draw it—I understood Clark kept a grocer's shop in the general line, and supplied small shops—I understand he has taken a great number of people in.
JAMES TIMS . I live in Oxford-place, Stepney. I know the prisoner Boone—he came to me to take a house of mine, about three weeks before Midsummer-day, and referred me some where in the neighbourhood of St. John-street, or Goswell-street-road, to Wynyatt-street—I think my wife went after the reference—I do not know the name of the party he referred to—the house was occupied about six weeks.
BOONE— GUILTY .—Aged 20.
QUANTOCK— GUILTY —Aged 40.
Confined Two Years.
NEW COURT.—Tuesday, January 2nd, 1838.
Confined Two Years.
Fifth Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 26.— Transported for Seven Years.
DAVID WATSON , jun. I am a baker, and live with my father, in Compton-street, Brunswick-square. The prisoner was our journeyman, and had been so about five weeks—he slept in a room opposite mine—I have no get up in the night to attend to business—I had missed money from my pockets from time to time, which induced me to mark a half-crown on Sunday evening the 17th of December—I put it into my waistcoat pocket—my bed-room door is left open—at eleven o'clock, on the night of the 17th I got up to go to work, and the prisoner got up with me—the half-crown was then in my waistcoat pocket, which I left in my bed-room, and my trowsers were covered over it—the prisoner could go up to my room—I missed the half-crown a little before ten o'clock on Monday morning the
18th—it was then gone, and I charged the prisoner with the robbery—he denied it—my father said, "Let us search him," which we did partly, but he resisted, and kicked very much—we desisted, and got a policeman—I saw him search him in the bake-house; but before the policeman came I saw the prisoner take something from his boot and throw under the trough—my brother went for a policeman—the half-crown was not found till I came back from the station-house—I saw my father pick it up under the dough-trough—that was where I had seen him throw something—I saw him unlace his boots—we took off one—he unlaced the other himself—it was that one we supposed the half-crown came from—when we were searching the prisoner he said he knew what he had taken, and he would pay me back if I would let him alone—this if not my half-crown—(looking at it.)
DAVID WATSON , Sen. I have heard my son's testimony, it is correct—I picked up the half-crown—I did not mark it—I took it up and asked my son if it was his—he said it was—I looked at the mark when I picked it up—this one seems to me to be marked in the same manner.
NOT GUILTY .
SAMUEL LINDLEY . I live in Oxford-street, and tell naptha and spirit lamps. The prisoner was my servant—on the 14th of November I gave him two half-crowns, eight shillings, and two sixpences—he was to fetch some spirit back from a person in Gracechurch-street—Mr. Jupe—he never returned—he took a can from me, and never returned—I have not received the money back.
GUILTY . Aged 34.— Confined Six Months.
EVAN EVANS . I am in the employ of Mr. Jennings and others, of Newgate-street, salesmen. About nine o'clock on the morning of the 25th of November, I saw the prisoner and another man walk into the shop about 20 or 30 yards—they went out and returned with a knot, and the prisoner helped the flat of butter on the other man's head—I thought they came for it, for Mr. Pratt's cart that was at the door, but I found it was not—I then went after them, but could not find them—I saw
the prisoner a fortnight afterwards and gave him into custody—I can swear he is the same person—the butter belonged to Major Pratt.
Prisoner. Q. Did I stand outside the door talking with any man? A. Yes, for some minutes, and then you walked up the shop together and returned, and took the knot and took up the butter.
JOEL CHENEY . I saw the prisoner and another person outside Mr. Jennings's door, a little before nine o'clock that morning—they were talking together, and in ten minutes afterwards I heard of the robbery—I am sure the prisoner was one of the two that were there.
Prisoner's Defence. I came at four o'clock in the morning to work—I met a man and we went to have some breakfast, and two men came—one of them gave me a penny to have half a pint of beer, and said he would want me—I went out and met a man who gave me a job—as I returned back I met the man that they suspect of taking the butter—he asked me to give him a lift up, which I did, with a basket of meat—I saw no butter—I returned the next day to the market, and worked there every day till I was taken.
GUILTY . Aged 42.— Confined Three Months.
324. WILLIAM SAWYER and JOHN CHAMBERS were indicted for stealing, on the 29th of December, 1 paper-case, value 15s.; 1 ruler, value 3d.; 1 pencil-case, value 2s.; 1 pen-case, value 6d.; 1 ink-stand, value 1s.; 1 bag, value 6d.; and 1 quire of paper, value 1s.; the goods of Francis Broughton.
THOMAS POCOCK (police-constable F 38.) On the 29th of December, at a quarter before eight o'clock in the morning, I saw the prisoners in company together—they came through Temple-bar, from the City—I followed them to Scotland-yard—there I took Sawyer, and the other ran away, but the constable stopped him—he was not carrying any thing—I found on Sawyer this writing-case and contents—when I first saw them they were about a mile from the prosecutor's—I found this bag in Sawyer's pocket—it is the cover of the case.
FRANCIS BROUGHTON , jun. This is mine—it was locked—I opened it at the station-house, and the contents are mine—it was taken from the bottom of our house—I saw it at seven o'clock—half an hour before it was taken—my father is a solicitor, and the next door is the office—I went in there, and I suppose left the door ajar for about three minutes.
Sawyer's Defence. On the evening in question, between Chanery-lane and Temple-bar, a gentleman asked me to carry this as far as the Treasury, and he would recompense me—I went as far as Scotland-yard—the policeman asked me what I had got, I said I did not know—he took me to the station-house, I turned to see for the gentleman who gave it me, but he was gone—this other person I know, but he was not in my company this evening at all—any man in the Court is likely to be in the
same dilemma as myself—I wished to earn an honest shilling—I thought it was an easy way to get one—I was not aware of what I was carrying.
SAWYER* GUILTY .—Aged 36.
CHAMBERS* GUILTY .—Aged 21.
Transported for Seven Years.
325. JOHN MITCHELL was indicted for feloniously forging on the 29th of November, an order for the payment of 12l., with intent to defraud George Widdowson and another; against the Statute, &c.—2nd COUNT, for uttering and putting off the same with a like intent; to which he pleaded
326. JOHN MITCHELL was again indicted for feloniously forging, on the 8th of September, an order for the payment of 10l., with intent to defraud William Jasper Capper; against the Statute, &c.—2nd COUNT for uttering and putting off a like order with the like intent; to which he pleaded
327. JOHN MITCHELL was again indicted for feloniously forging an order for the payment of £10, with intent to defraud Joseph Walton and others; against the Statute, &c.—2nd COUNT, for uttering the same with a like intent; to which he pleaded
328. JOHN MITCHELL was again indicted for feloniously forging an order for the payment of £15, with intent to defraud James Bigg and others; against the Statute, &c.—2nd COUNT, for uttering the same with a like intent; to which he pleaded
GUILTY . Aged 22.— Transported for Life.
329. JOHN WILLIAM BEESON was indicted for embezzling, on the 10th of December, the sum of 10l.; on the 28th of January, 5l.; and on the 4th of March 11l.; which he had received on account of James Jones, his master; to which he pleaded
GUILTY . Aged 21.
GUILTY . Aged 21.— Transported for Seven Years.
WILLIAM GATLIFFE . I am in the employ of Joseph Blyth Stevens and another, cheesemongers in Arthur-street, West. I was in the warehouse on the evening of the 26th of December, and saw the prisoner come and take up the firkin of butter, and walk out with it—I ran after him, and caught him with it in his arms, three or four yards from the door—I called, and my master came to my assistance, sent for the officer, and he was taken.
JOSIAH EVANS . I took the prisoner—he went for a few paces quietly, and then he made a start, and struck me in the left eye—with great assistance we got him to the watch-house—we were obliged to hold him down, and handcuff him.
Prisoner. He struck me first. Witness, No, I did not.
Prisoner. I was passing, and a man came out with the butter—a man came out and took me.
GUILTY . Aged 21.— Transported for Seven Years.
THOMAS EAVES (City police-constable No. 100.) At half-past fiveo'clock on the evening of the 21st of December I was in Fleet-street—I watched the prisoner for about a quarter of an hour, lurking about, and saw her fix on two gentlemen about the centre of the street—she followed them as far as Bridge-street—there they made a stop and conversed about three minutes, she looking in at a window—one of them walked up Fleet-street—the prisoner followed him, and when he got half-way up the street, she lifted up his pocket, and took the handkerchief from him—he walked on—I went and took her—she was pushing it behind her, and dropped it—I lost sight of the gentleman, and do not know his name.
Prisoner. I did not do it. Witness. Yes, you did.
GUILTY . Aged 17.— Transported for Ten Years.
MR. CLARKSON conducted the Prosecution.
CHRISTOPHER WHITWORTH . I am foreman of the East India Dock Company's warehouse, in Crutched Friars. The prisoner was employed there as a labourer—there was tea in that warehouse—in consequence of information from Irish, I desired him last Monday to watch the prisoner—I called the prisoner about half-past one o'clock, took him into a private room, and told him I suspected he had some tea—he denied it—I said I was told he had, and I would have him, as an honest man, clear himself if he could—he then said he had some—I then called for the revenue officer, and the tea was found between his stockings and his legs, about 1 1/4 lb. of it.
Prisoner. I was only occasionally employed, and was in distress—I hope you will have mercy on me this time.
GUILTY. Aged 35.—Recommended to mercy by the Jury. Confined Six Months.
FRANCIS TAYLOR . Mr. William West is my master—he is a carrier—I accompany him with his cart. On Tuesday, the 12th of December, about half-past six o'clock in the evening, we were in Eastcheap—my master was
looking at the direction of a parcel going to Rood-lane—we were out of the cart, and looking in the pocket-book for the parcel by the light of a lamp—a man was passing by and said, "Does this man in your cart belong to you?"—we said, "No"—I looked, and saw the prisoner with one foot in the cart and one on the foot-board—he had this parcel of books under his right arm—the parcel was tied on a basket—I got in on the near-side—he jumped down on the off-side, dropped the parcel on the foot-board, and ran away—I ran after him, and caught him in Botolph-lane—he offered me a shilling to let him go—he ran about two hundred yards from the cart—he was never out of my sight—this is the parcel.
Cross-examined by MR. PHILLIPS. Q. Were you examined before the Magistrate? A. Yes—it was a fineish night—I mean to swear that—I do not say it was very bright, it was brightish—there was no thick haze—I have always said he dropped it on the foot-board—I never said he threw it into the cart—I told the Magistrate about the shilling—I remember signing my name—the gentleman read my deposition over to me—I cannot swear there was any thing read over about the shilling—this was Mrs. Knight's parcel, of Hammersmith, and it was tied on a basket—this was in East-cheap—there was a corner to turn in Botolph-lane—he turned, but did not get out of my sight—the man is not here who asked if the man was one of ours.
WILLIAM WEST . I am a carrier. I was looking over my pocket-book for a little order—I heard a strange voice say, "Does that man belong to you in the cart?"—I turned round and looked at the man, and said "No"—the man was in the act of getting off the off-side of the cart with the parcel under his arm—that parcel had been on the near-side, in the back part of the cart—it was dropped on the foot-board—the person ran away, and turned down Botolph-lane—Taylor ran after him, and brought him back—the prisoner is the person—he had not got the parcel then—I can say he is the person that was in the cart.
Cross-examined. Q. He was the person that Taylor brought back? A. Yes—he was out of my sight, but he came back and owned he had had the parcel—I was examined before the Lord Mayor, and my evidence taken down, and read over to me, but not signed by me—I am quite sure I was examined—I was sworn—that I am quite sure of.
COURT. Q. Were you bound over to appear here? A. Yes.
NOT GUILTY .
THOMAS EMERY . I am a policeman. Between six and seven o'clock, on the night of the 9th of December, I saw the prisoner coming down Compton-street, with something on his head—he saw me and quickened his pace—he went down Northumberland-place, where there is a private door, leading to a marine-store shop—I watched—he went, pushed the door, and went in—I went into the shop—there was nothing there—I went into
the room, and found a great quantity of lead, and asked where the lad was—the woman said he had gone out at the private door—I went out and found him concealed—I found the lead in two parcels, some in a bag, and some in this blue wrapper, which was what I had seen on his head with something in it—on the 11th I found some lead had been taken from Mr. Barrow's premises—I sampled this lead to the gutters on the top of the house—it was not inhabited—I saw where the lead had been cut, and it fitted exactly.
Prisoner. You never found me concealed—I was by the wall—I never had my foot in the shop—you took me on suspicion. Witness. I saw you go into the private door of the marine-store shop.
JANE HOARE . I keep a marine store-shop, at No 44, Compton-street. On this Saturday evening the prisoner came into my room, and threw the lead down—I took the light, and went to the door, and saw the boy in the passage—I asked him what he had got—he said, "Some lead"—I told him I could not buy it—he said he could not take it out, the policeman was at the door—he threw it down, and went out—the policeman came in, and went out at the same door and found him—the policeman found the lead there, and took it—I do not know how much there was.
JURY. Q. Had the prisoner been at your house before? A. No, but he is the person that ran away.
JURY to THOMAS EMERY. Q. How much lead was there found? A. 150lbs.—when I went in there was a bag with some lead in it, and this wrapper was in the centre of the passage, with two pieces of lead in it, which is what I had seen the prisoner carrying—the wrapper is here.
Prisoner. I never had the lead, nor saw it till I was at the station-house.
GUILTY . Aged 16.— Confined Six Months.
OLD COURT.—Wednesday, January 3rd, 1838.
First Jury, before Mr. Sergeant Arabin.
JOHN GROVE . I am a farmer, and live in the parish of Harmondsworth. On the 9th and 10th of December, George Batchelor was threshing in my barn—there was some wheat which had been threshed, but remained on the floor with the chaff—on Monday, the 11th, Batchelor called me—I went, and looked at it, and missed some from the bulk—there were footsteps going out at the back of the barn—there were the footsteps of three different men—we traced by the wheat-droppings to within a quarter of a mile of the prisoner's house, and footsteps to within forty yards of his house—he lives at Harlington—the way they went, which was across the fields, is about a mile from my barn—I had two officers with me—we went into his house and found some wheat in chaff—there was nearly five bushels in two or three different sacks, and there was nearly a bushel and a half in the prisoner's room—he has two lodgers, and I found nearly three bushels and a half in their rooms—they were all three taken into custody and committed, but the Grand Jury have thrown out
the bill against the other two—I have no doubt the corn is mine—the prisoner is a labourer.
Cross-examined by MR. PAYNE. Q. Where did you find the corn? A. In the prisoner's house—Richard and William Oldship lodged in the house—the bill has been thrown out against them—I found the corn in two sacks, which do not belong to me—I lost all traces of the corn forty yards before I got to the prisoner's house—it was under forty yards—the foot-marks extended to within forty yards—I can swear to the wheat from its appearance—I have a sample of it here—it is high-coloured white wheat—I swear positively this is the wheat that was in my bam—I know it by the different seeds, and by the colour of it—I had seven or eight sacks of it—it is smutty—I believe it to be mine from the quality and description.
GEORGE BATCHELOR . I threshed in the prosecutor's barn—I fastened the barn door on Saturday the 9th, and missed the wheat on Monday morning—when I went to the barn at six o'clock, I found the door had been opened, and missed about eight bushels at the least—I went to the prisoner's house afterwards, and was shown some of the wheat found there—it was master's wheat—I have no doubt of it—it tallied in all respects, in quality, smut, and weeds, with what I had cleaned.
Cross-examined. Q. How much was it cleaned? A. About half—I saw it last about five o'clock on Saturday—I saw it again on the Tuesday morning—Mr. Thompson showed it to me.
WILLIAM THOMPSON . I am horse-patrol at Harlington. The prisoner is a labourer, and worked on the rail-road—I showed the wheat which was found in his house to Batchelor—I went with Mr. Grove and traced wheat and foot-marks to within forty yards of the prisoner's house—I went into his house and found the wheat—there was about a bushel and a peck, in a sack in the prisoner's room—I took him and two others into custody next day.
Cross-examined. Q. Where was the other found? A. In Oldship's room—Oldship owned three bushels, and the prisoner the bushel and peck.
GUILTY . † Aged 34.— Transported for Seven Years.
MR. CLARKSON conducted the Prosecution.
WILLIAM MAY . I am a watchman of Highgate. On the 13th of December, about a quarter past one o'clock in the morning I was in Southwood lane, and saw the prisoner and one Rutson—I knew them both—Rutson asked me if it was after one o'clock—I said, "Yes"—they were both walking down the lane at a sharp rate—they knew I was a watchman—they were coming in a direction from Hampstead—I know the passage leading to Mr. Langford's house—they went down to this passage, turned out into the field, and then set off running across the grass—in the course of the morning I heard of a robbery, and went to Hampstead, and gave information to the police there.
CHARLES ATKINS (police-constable S 91.) In consequence of information on Wednesday, the 13th of December, I went down the road towards Pancrasvale, and found the prisoner and Rutson there—I took the prisoner, and Rutson ran away—I searched the prisoner and found a fowl in his hat, which Mr. Warren identified—it was about a quarter past six o'clock in the evening.
GILBERT WARREN . I live at Highgate, and keep fowls. On the night of the 12th of December I had some—I missed one next morning—I afterwards saw one in possession of Atkins, and it was mine—I keep then at the back of my house, in a roost which is not locked, except by a hasp to the fowl-house—a man must get over a rail fence to get to it—I saw it safe on the Tuesday morning.
Prisoner's Defence. I went out on Hampstead-heath one morning with a dog, and the dog brought the fowl out of a bush, and I took it from the dog—that was how I got it.
GUILTY .* Aged 17.— Transported Seven Years.
Before Mr. Justice Coltman.
338. DAVID ANDERSON was indicted for unlawfully cutting and wounding Mary Anderson, in and upon the face, and left eye, with intent in so doing, to maim, disfigure, and disable her.—2nd. COUNT, stating his intent to be, to do her some grievous bodily harm.
MART ANDERSON . The prisoner is my husband—I live at No. 2, Orchard-street, Kingsland-road. On the 8th of December, I had been with my husband to a public-house in the early part of the morning—I did not leave him there—we came out together, as near as I can tell, about four o'clock in the afternoon—he was then very nearly intoxicated—I then came home—we parted at the top of our street—about six o'clock he came home—I was in the room when he came in—I heard him coming in, and got under the dresser out of his way—we had had a quarrel in the public-house about the money he had earned for his day's work—no blows had passed between us at all in the public-house—it was merely a quarrel by word of mouth—when he came in he pulled off his coat, and I thought he was going to bed, as he used to do, when he is in liquor he generally goes to bed, but he did not go to bed then—when he pulled his coat off he gave me a kick as I was under the dresser—I did not hear him say any thing—I had not heard him speak a word—I had said nothing to him in the house—he kicked me in the eye—he only gave me one kick, as far as I know, but my senses were quite gone, and what more passed I am not able to say—when I came to myself I was outside the door, and all my neighbours round me—I dare say we had been a couple of hours together in the public-house—we were not quarrelling all the time—we had a great many words about the money—I wanted him to give me the money, and he wanted to keep it—we had no quarrel in the street after leaving the public-house.
Prisoner. We were drinking at the Queen Victoria public-house, and very drunk, indeed, both of us—we went to the Elephant last. Witness. I do not remember going to the Victoria—I was at the Elephant—that is the house I have spoken of—I cannot tell whether I had been to any other public-house with him—I had not, to my knowledge—I was not sober.
ANN RICE . I live in Orchard-street, King-street. On the 8th of December I heard a disturbance, and heard Anderson's children screaming murder at the door—I heard Mrs. Anderson say, "For God's sake do not hit me any more, you will kick my eyes out"—that was at the time the children were screaming—I ran over, went into the house, and saw her lying before the fire—I thought she was dead—I heard no sounds besides Mrs. Anderson
speaking—there was no sound of kicking—I did not hear the sound of blows or kicking till I went in—when I went in I found Mrs. Anderson lying before the fire, and the prisoner sitting on the foot of the bed—Mrs. Anderson seemed insensible—I saw the prisoner kick her once while he was sitting on the bed—he did not get up to do it—he seemed to kick her is the face at that time—I said to him, "For God's sake, Anderson, what are you about, you have killed her"—he said, "It makes no odds to you, go out, and trouble your head about your own business"—that was after he had kicked her—he made his way up towards me, and I ran out directly—I do not know any more that passed—the prisoner had been drinking, but was not so far gone but what he knew what he was about.
Prisoner. She knows we were both drunk. Witness. They had both been drinking in the afternoon—I had not seen Mrs. Anderson before it happened—I live right opposite them—I had not heard any quarelling in the house between them before I heard the children cry murder—if there had been, I should be very likely to have heard it, but I was not at home till five o'clock.
SARAH STANBOROUGH . I live in Orchard-street, Kingsland. On the 8th of December, I heard the children cry murder—I went to Anderson's house, and saw Mrs. Anderson lying on the floor before the fire—the prisoner was sitting on the foot of the bed—I said to him, "Oh, Anderson you have killed your wife"—he said, "That makes no odds to you, you go and mind your own business"—he said, "I will kill the b—"—Mrs. Anderson was none the worse for liquor—I had seen her about four o'clock in the afternoon—she was tipsy then, but she was not at six o'clock, for she had been in bed and asleep I understand—her daughter says so—she did not seem the worse for liquor, when she recovered from the blows—when she came out at the street door she seemed recovered—that was not many minutes after I went in—as soon as she heard the policeman was there she came to the door—I staid there alter the prisoner told me to mind my own business—at the door—the prisoner was drunk, but not so much but he knew what he was about.
Prisoner. Q. Did not you take my wife out at eleven o'clock in the morning and make her drunk, and send her home drunk? A. No.
COURT. Q. Had you seen her before four o'clock? A. I saw her at twelve o'clock—she came to pay me 2s.—she was sober then—she did not get any drink at my house—I never went outside the door with her—she left me in my own room.
JAMES PARR . I am a policeman. I was passing along my beat and beard the cry of murder in Orchard-street, I ran to the spot—the neighbours called out "Here comes the police"—I went into the house and saw Mrs. Anderson in the act of rising from the ground—she said she could not see—she groped her way towards the door—some of the neighbours brought a candle and held it in her face—I could see she was bleeding very much from the eye—I took her to the station-house, and left my brother officer in charge of Anderson—when I came to the door the prisoner said to some of the neighbours that it would be better to mind their own business—he said nothing to me—the prosecutrix was taken from the station-house to Dr. Aitkin.
DAVID AITKIN . I am a surgeon. I remember Mrs. Anderson coming to me—I found a swelling on her left eye—it was such as might arise from a blow or kick—the eye is destroyed, and it had produced loss of sight—
there was a small superficial mark under the right eye, which might be produced by a scratch, or it might be produced by a blow—it was bleeding slightly—I went to see her next morning, and found some marks on her person arising from blows—there were two or three marks on the right breast, and another on the side of the abdomen lower down—I suppose they were all done at the same time as the wound in the eye, from the appearance of them—they all had the appearance of being fresh—the bruises might be occasioned by a fall.
Prisoner's Defence. I must throw myself on the mercy of the Court for the sake of my small family who are looking to me—it was not done intentionally—the witness knows it was through liquor.
GUILTY of a common assault. Aged 46.— Confined Three Years.
Before Mr. Baron Alderson.
MR. BALLANTINE conducted the Prosecution.
CHARLES HENRY FALCONER . I am a police surveyor. On the 20th of December last, about five o'clock in the afternoon, I saw the prisoner in High-street, Wapping, close to the London Dock—he had something concealed under a great coat, which he had under his arm—I stopped him in Church-street, and he then dropped a bag from under his great coat, which I found contained copper—I attempted to take him into custody—he made some resistance, but I succeeded in taking him, and asked him where he got the bag, but he would not answer till I got him to the office—I then cautioned him that what he said would be given in evidence, and asked him where he brought it from—he said, "Out of the London Dock"—I asked whether he worked there, and he said, "Yes."
Cross-examined by MR. DOANE. Q. Were you on the same side of the way when you met him? A. Yes—I was coming in a contrary direction—I saw at once that he had something bulky under his great coat—he did not tell me he got it outside the Dock—he said so in his defence at the police office—I am quite prepared to say he told me he got it out of the Dock.
JAMES DARLOW . I live in Essex-street, Globe-fields, Mile-end. I am foreman of the millwrights in the London Dock—I saw the copper at the Thames police-office—I believe I never saw it before—I have copper similar to that under my care in the Dock—I know the prisoner—he has worked under me more than seven years in his department, and did so on the 20th of December—he left ten or fifteen minutes before five o'clock that afternoon—the place where he was taken up was in his way home.
GEORGE GLADSTONE . I am a carpenter in the employ of the London Dock Company, and Work under Mr. Darlow—I know this copper—it was made to cover the rollers of the swivel bridge—I assisted in making it for the Dock Company, and know it to be the same—it was put in store afterwards.
Cross-examined. Q. Is it what is called a guard? A. It is to prevent
the dust getting under the rollers—this kind of article has long been out of use in the Docks—perhaps four or five years—there were not many made, only for one bridge—I made about thirty or thirty-four—there is no private mark on this more than on others—I swear to it from comparing it with the others—there are watchmen placed at the Dock gate to see the men go in and out, and to see that no property is taken away.
COURT. Q. Is any thing ever stolen out of the London Dock? A. I dare say there is—this belongs to the Company.
JAMES DARLOW re-examined. I went to the stores and found six or seven pieces of this sort of copper there of a similar description—they were in the large workshop—the prisoner was working in that shop that day—they were stowed in the upper floor, but he had the means of getting to it—he had regularly worked there every day.
GUILTY . Aged 56.— Confined One Year.
Before Mr. Justice Williams.
WILLIAM REED . I am a linen-draper, and live in High-street, Hampstead. The prisoner was in my service as cook for eight months—it was part of her duty to go out to get porter for the family in the evening—it was constantly her business to do it—she was to get it from Robert Ware—the was taken up on the 18th of December in consequence of a bill being sent into me, the day previous, by Mr. Ware—the amount was 5l. 3s. 8d.—I told the prisoner the circumstance, and discharged her—I was in the habit of giving her money for the beer, but not every night—on the 12th of December I gave her a shilling—I am certain of that—it was on a Wednesday, I think—I made a note of the day of the month, previous to my coming here, but I cannot be certain of the day of the week—I made the memorandum from my recollection—there is no particular circumstance which enables me to recollect giving her a shilling on the 12th of December, but I have a general recollection of it—when I discharged her I told her she had been committing various felonies in my house, and was discharged—she said it was all true, she had appropriated it to her own use—I asked how she spent it—she said, "In gin and pastry"—this was the day after the bill was sent in—I discharged her, and another case induced me to have her apprehended—it was only occasionally that I gave her money—Mrs. Reed gave it to her if I was out—there are more instances in which I did not give her the money, than which I did.
ROBERT WARE . I am a publican, and live at Hampstead. I supplied Mr. Reed with porter—I know the prisoner as his servant—I used to send the porter at dinner time, and she fetched it in the evening—on the 12th of December she came for porter—I can be certain of that, because I was not out of the way all the evening, and saw her about half-past nine o'clock—she came for a pint and a half of beer.
Q. What enables you to say it was the 12th of December? A. Because I recollected the circumstance when the bill was sent in on the Monday—the 12th was on a Tuesday—my attention was called to it on the Thursday after—I am quite certain she paid nothing on the 12th of December—my wife assists in my business—nobody else serves behind the bar, or ever akes money—my wife is not here—all I can say is, the prisoner paid me no money—she admitted she had not paid it, both to me and her master
when I went to Mr. Reed's—when she was about to be discharged, Mr. Reed taxed her with appropriating the money to her own use—she said it was all true, she had spent it, and had not paid me any thing—I had sent the bill in weekly, and asked her when I should be paid—she constantly told me she expected Mr. Reed would pay me daily—I asked her if she had given the bill to Mr. Reed—she said she had.
Prisoner. On the night of the 12th, Mrs. Ware served me with the beer.
EDWARD DURGAN . I am a policeman. I was called on to take up the prisoner on Monday, the 18th, about two o'clock—I asked her was she aware of the charge against her—she said "Yes," and said she was willing to give herself into custody—I took her to the station-house—I asked her no more questions—she seemed greatly penitent, and would make me no more answers.
(The prisoner put in a paper, confessing her guilt, and stating that at the time of entering the Prosecutor's service, she was in the greatest distress for clothing, which induced her to use the money given her to pay the tradesmen to obtain clothing, intending to repay it out of her wages.)
GUILTY. Aged 22.—Strongly recommended to mercy by the Jury.— Confined One Year.
Before Mr. Justice Coltman.
HARRIS LAZARUS . I am a clothes salesman and general outfitter, and live at No. 112, Upper East Smithfield, near the London Dock. On the 18th of December I missed a pair of blankets and a rug, between seven and eight o'clock in the morning, from inside my shop—I had seen them a very few minutes before, placed on a seaman's bed by the door, inside the shop—they were near enough to be reached without coming into the shop—I saw them again a few days afterwards, at Lambeth-street police-office—it was on a Friday—I lost them on a Monday.
JOHN BURROUGH . I am a policeman. On Monday morning, the 18th of December, I saw the prisoner offering these articles for sale, two blankets and a rug—I heard him offer them for sale to a man in Rosemary-lane, Whitechapel, for 3s. 6d.—the man refused to buy them, and I took the prisoner in charge—I asked him where he got them—he said his father gave them to him—I produce the articles.
Prisoner. Q. Were you present when I offered them for sale? A. Yes, three minutes before I took you into custody you were in a shop, and I was at the door.
Prisoner. I was passing by when a man said to him, "That man offered these things for sale," when he came and took me—he never heard me offer them for sale. Witness. I am certain I did—he was about was at three-quarters of a mile from Lazarus's shop.
HARRIS LAZARUS . re-examined. I have seen these articles, and know them to be mine—I have many more of the same description in my shop, and have missed these articles—I have no particular mark of my own on them—they are six-quarter blankets, which is the size usual for seamen's beds—there is nothing particular in the quality—probably every salesman
has blankets corresponding with them—the rug is a bed one—it has no particular mark on it—it is the same size and quality as the one I lost that morning, it is five-quarters—I never saw the prisoner before, to my knowledge—the articles are worth 7s. or 8s. together.
Prisoner. I bought the things from my father before he went to sea, on the Saturday morning—he gave them to me as be was going to sea, and I can bring witnesses to prove it. Witness. They art quite new, and have never been used—the blankets are not separated—they have been woven together.
GUILTY .* Aged 17.— Transported for Seven Years.
Before Mr. Baron Alderson.
342. CHARLES STEEL, GEORGE CLARKE, PETER WILLIAMSON, JOSHUA HUTCHINSON ., and RICHARD KING ., were indicted for robbing James Stint, on the 12th of December, at Hillingdon, and stealing from him 5s., his monies; and at the time of such robbery, striking and beating him.
JAMES STINT . I am a labourer, and live at Ruislip, in Middlesex. On the 12th of December I was going across Hillingdon-heath, to my master's with three beasts, about eleven o'clock in the morning—as I went across the heath I saw five men all of a bunch—I did not know any of them before—I had a bundle under my arm containing clothes, which I was going to take to my sister—they belonged to her—I had a canvas purse in my pocket with 7s. in it—the five men were just by a turning which goes to Pollhill—I was following my beasts on the road—they were near the road—two of them, the prisoners Steel and Williamson, came across the road and met me—Steel put his band on my shoulder, and said, "Farmer, come and see if you can understand this game, for I cannot"—the answer I made him was, "I dare say you understand the game better than I do, I have other things to attend to"—I kept on following my beasts along the road, and the two men kept walking along with me—Williamson then said, "Farmer, go and bet him a sovereign, and I will be your halves"—three of them then surrounded me—George Clarke was tie other one—they tried to claw the bundle from under my arm, but did not succeed—I hung to my bundle—I had the 7s. in a purse in my breeches pocket—I had got my hand in my breeches pocket, and had got my purse in my hand—Steel struck me across my arm with an umbrella, knocked my hand out of my pocket, and five shillings out of the seven shillings flew out of my purse on the ground—the purse fell on the ground too, with the other two shillings in it—they clawed it up, and ran away with it—Williamson and Steel clawed at it—I cannot say which got it—all five ran away.
Q. What were the other two doing at the time the three were about you? A. One of them was sitting down by the side of the ditch, and the other walking backwards and forwards by the side of the foot-path—they did nothing to me—they never came nearer to me than the footpath—they all ran away together—I hallooed out to the roadsmen, and beckoned to them—(they are people who mend the road)—Bennett, one of the roadsmen, ran towards me—he might be about 300 yards off—I cannot say exactly—when I hallooed out, Steel clawed a stick out of King's hand, and said he would beat my b—brains out—King was one of those who had done nothing—he did nothing with the stick—he did not come up to me—Bennett
was coming towards me at that time—three or four more people came up, but there is only Bennett here—the prisoners ran away—I saw Steel, King, Hutchinson, and Williamson, again the same day at Uxbridge, and saw Clarke on the Saturday after—Clarke was the last of the three that came up to me—I can swear to Steel, and to all of them as being the five men—they were all together, and ran away together, and they are the three that insulted me.
Q. How long were they with you altogether from the time Steel came up to you, till all five ran away? A. About ten minutes or a quarter of an hour—I cannot say exactly—it was eleven o'clock in the morning—I had had nothing to drink at all.
Cross-examined by MR. PHILLIPS. Q. Is this a public turnpike-road? A. Yes, where any body might come—I had no concern with them at all—the one who was sitting down by the ditch had cups and balls—that was Hutchinson—I had seen the game before, time after time, but never played at it in my life—I did not stop to look at them at all—I had drank nothing that morning—I had had my breakfast, but had drunk no beer.
Q. Do you mean to represent that you did not play at cup and ball with the men? A. I mean to say I had no concern with them at all—I did not play with them at all, nor lose 5s.—I did not threaten if they did not give it back to give them in charge.
Cross-examined by MR. PAYNE. Q. Are you quite sure Clarke was one of the three men that came up to you? A. Yes, I am—I have always been quite sure of him from the time of his being taken into custody.
Q. How long before the five men ran away did Clarke come up to you? A. I cannot say exactly, he might be walking along by my side seven or eight or ten minutes—they surrounded me—there was nobody with me but them—only these three surrounded me—I saw Clarke in custody on the Saturday as this happened on the Tuesday—I gave a description of the men to the patrol—I described the five men to him.
HENRY BENNETT . I was at work on Hillingdon-heath on the 12th of December, and saw the prosecutor—I saw five men surround him, and presently heard a dreadful cry out, "Come this way; come this way"—it was the prosecutor calling for help—I ran with all speed towards him—the five men ran away up the left-hand road as fast, as they could, and I followed them up the Pollhill-road, across the meadows, towards Uxbridge.
Q. Can you tell who they were? A. I only know one of them—that is George Clarke—I knew him before—he had worked with me—I was about a hundred yards from him.
Cross-examined by MR. PAYNE. Q. Are you sure you got as near as a hundred yards? A. Yes—I have not had any dispute with Clarke—I worked with him in the service of Mr. Shoppe, of Uxbridge, last summer—I was discharged from Mr. Shoppe's employ—Clarke continued there after I was discharged—the men were all running after one another as fast as they could—I was better than two hundred yards off, I think, when the prosecutor called out—I ran about a mile and a half after the men—the nearest I got to them was about a hundred yards.
COURT. Q. What were you discharged from Mr. Shoppe's for? A. Through being saucy to master—Clarke had nothing to do with it at all.
MR. PAYNE. Q. Did you ever say that you knew Clarke before he was taken? A. No—nobody asked me.
MOSES LANDER . I am a horse-patrol. I received information of this robbery on the 12th of December, between eleven and twelve o'clock, from the prosecutor—he described the persons to me—I went and took Hutchinson, Steel, and Williamson—I did not know them before—I took them from the description the prosecutor gave me—when I took them Hutchinson ran down the town—I left Williamson and Steel in the custody of a man named Clarke and another, and went after Hutchinson—I brought him back, and found Steel in the custody of Murray the constable, not the persons I had left him with, and Williamson was gone—they were searched—I took this umbrella from Hutchinson, who had on the coat which Steel has on now—I found three thimbles, but no cups and balls—I found 2d. in Hutchinson's pocket—I asked if it was all he had—he said, "Yes"—I searched further, and found 4s. 6d. in his watch-pocket—I searched King, and found some money on him—I had not taken him myself, but my partner did—I found on him 2s. 6d., 5d. in copper, and a counterfeit sovereign, or a Wellington medal.
Cross-examined by MR. PAYNE. Q. How many persons did the prosecutor describe to you? A. Five—I apprehended three of them—he did not identify them all as the persons who had been round him, as he said two were some yards off—he identified two as being two of the three that had been round him.
CHARLES JAMES MURRAY . I am a constable. I was at Uxbridge on the day in question—after the men had been apprehended there was an alarm that they were attempting to escape—I saw Steel on the top of an out-house, attempting to escape, and I took him.
JAMES DARVILL . I am a constable. I went to search for Williamson after he escaped—I found him behind a door of a bed-room at the Jolly Ostlers, concealed—he had lodged in that house, but not in that room—it was about two o'clock.
(MR. PHILLIPS. on behalf of Steel and Williamson stated their defence to be, that the Prosecutor had played at thimble rig with them, that he put down 5s., which he lost, that he then complained of being cheated, and attempted to take the money from the prisoners, and gave an alarm of being robbed, on which the prisoners ran away, knowing they had been playing an illegal game.)
(MR. PAYNE. on behalf of Clarke, made a similar statement.)
STEEL— GUILTY . Aged 22
CLARKE— GUILTY . Aged 20.
WILLIAMSON— GUILTY . Aged 19.
Transported for Fifteen Years.
HUTCHINSON. and KING— NOT GUILTY .
Before Mr. Justice Williams.
343. ROBERT SMITH . was indicted for stealing, on the 29th of December, at St. Dionis, Back Church, I piece of handkerchief, value 3l.; 34 handkerchiefs, value 6l. 7s; and two yards of silk, value 9s.; the goods of John William Monnery and another, in the dwelling-house of Eward Josiah Monnery.
Monnery and Edward Josiah Monnery, hosiers, glovers, and out-fitters,0 No. 165, Fenchurch-street. On the 29th of December, about five minutes to six o'clock, I was in the shop walking from behind the counter, to another counter on the left-hand, and hearing somebody come into the shop, I turned my head and saw the prisoner making towards a pile of handkerchiefs—I did not know him before, but I am certain of him—there are seven gas-burners in the shop—he went towards the handkerchiefs and took them off the pile—he left about two pieces on the counter—he took about forty-eight handkerchiefs, being eleven or twelve pieces of different lengths—he made towards the door and ran out directly—I ran after him calling out, "Stop thief"—he was not brought back for half an hour, but he was stopped eight or ten doors from the shop, within two minutes of his leaving the shop—I saw him stopped and taken into our shop—I saw two pieces of handkerchiefs drop from him—he had then all in his arms till the constable took hold of him, and he still had some under his arm.
EDWARD JOSIAH MONNERY . I am in partnership with my brother, John William Monnery. This shop is ours—it is the bottom part of my dwelling-house—my brother does not live there—I did not see any part of the transaction—I saw the goods brought back by the constable—they were the joint property of myself and brother.
JOSIAH EVANS . I am an officer. On the night of the 29th of December I was at the end of Fenchurch-street, within a few doors of the prosecutor's shop—I heard a cry of "Stop thief"—I looked from Fenchurch-street towards their shop, and saw the prisoner running down in the centre of the road—I got into the middle of the road, extended my arms, and caught him with the property in his possession—two or three pieces fell into the road—I took him into the shop—I produce the property which I found on him.
MR. MONNERY. re-examined. These are all the property of myself and brother, and are worth above 9l.
Prisoner's Defence. I did not take the handkerchiefs out of the shop—another person took them, and I took them of him as be came out—I was coming towards the shop, and he threw them into my arms.
GUILTY . Aged 16— Transported for Fifteen Years.
Before Mr. Baron Alderson.
344. WILLIAM TIGGELL . was indicted for stealing, on the 1st of January, at St. Andrew, Holborn, 37 yards of merino, value 5l. 2s. 6d., the goods of Ralph Eldridge and another, in his dwelling-house.—2nd COUNT., stating it to be the dwelling-house of Ralph Eldridge and another.
RALPH ELDRIDGE . I am in partnership with James Smith, and live in Charles-street, Hatton-garden—it is my dwelling-house, and is in the parish of St. Andrew, Holborn. Last Monday morning, the 1st of January, an opposite neighbour, named Badger, came and told me something—I ran out in pursuit, and saw two youths carrying away some merino on one of their shoulders—when they saw me they attempted to throw them over into an area, and ran away—I pursued, calling "Stop thief," but they got out of my sight—I came up soon after and found the prisoner stopped by a stranger—I took hold of him—I heard him ask the man to let him go, saying that he had stolen nothing, he was no thief, and I heard something
about a broken window—to the best of my belief, be is one of the two that ran away, but I will not swear it—the value of the four pieces of merino is 5l. 2s. 6d. at cost price.
EDWARD BADGER . I work opposite Mr. Eldridge's. Last Monday I saw two persons at his shop—the prisoner was one of them—they were talking together at the shop window—the other one went in—the prisoner waited outside until the other came out with the stuff on his shoulder, and then he walked off with him—I went and informed Mr. Eldridge, and they pursued him—I am quite sure the prisoner is one of the two.
MR. ELDRIDGE. re-examined. I picked up two pieces, one on the pavement and the other inside the area—they are two of the pieces the young man threw away—while I was at the station-house the policeman brought these two, which he found in an area—they are all four our property, and have our shop-mark on them.
Prisoner's Defence. I was going along, looking for a situation, and met this lad, standing next door by the fruit-shop—I was looking at some bills in a window to see if there was a bill about a situation—I saw the lad, and said, "Do you know of a situation?"—he said, "Yes, stop a minute, I will show you where there is one, but I must go into master's; I am going to take some goods home"—I said, "Very well"—he went in and came out after me, and said, "Come on, I will show you where the situation is"—I walked along with him, and presently saw him ran—I ran after him—he said, "Come on, don't stop behind"—I heard a cry of, "Stop thief," and made a grab at the tail of his coat to stop him, but a lad stopped me, or I should have caught him.
GUILTY . Aged 17.— Transported for Fifteen Years.
Third Jury, before Mr. Recorder.
MARY MURRAY, SEN . The prisoner is my daughter—I live at No. 13, Little Swan-alley, Coleman-street—I am an Irishwoman. On the 6th of December, from nine o'clock in the morning, until half-past ten, she quarrelled with me, and struck, tore me, and bit me—I have considered her out of her mind these four months, as she has been before—I never placed her in confinement but once before, that was at the Compter—she is not in her right mind, to the best of my opinion—I was sitting at work, and she stood up on the table, brought out some work, and began to pick it in pieces, and throw it in my face—she said, "This is fish, mother, it is fowl, here are the feathers"—I said, "Be quiet, I cannot do my work"—she said, "If you say a word I will serve you out"—she flew at me, tore me, and kicked me a good deal—we got into the passage, and I called for my landlady, and then she got my finger in her mouth—I screamed out, and my landlady screamed "Murder"—a policeman came, and took her in charge—she was only two days at home with me, and I have not had an hour's peace—I had given her into custody before, but did not go against her—I do not think she did this in malice—she laughed at me, and said she did not hurt
me—I believe she did it from a deranged state of mind, not being right in her head—she was a very good girl before she became in this state—she was always in a situation until she was taken ill in May—she has been ten weeks in the hospital—she has been at home with me ever since—I do not know what disorder she was in the hospital for—she was very ill and bad in her chest—she had a great giddiness in her head, and was romancing and talking—she was turned out of there for ill behaviour—she will sometimes sit and laugh an hour together without saying a word, and she will cry sometimes, and sit all alone, and not have any victuals to eat—she would not sleep at night, but be going about ther oom and laughing—I am told she does so now.
ANN GREGORY . I am the prosecutrix's landlady, and live in Little Swan-alley. When she first took the room, her daughter (the prisoner) came home ill—she went to the hospital, and came home again—she used to run about the kitchen and stairs romancing, and after that she used to beat her mother very much—I used to say, "Why are you so cruel, Mary, to your mother?"—she said, "I am not mother does not use me well"—I said, "Yes, she does"—she would say, "Well, I don't hurt my mother," but I have taken her off her mother repeatedly—I consider her more like a deranged person than any thing else—she would lay in the kitchen the whole night, and lay on the stairs, and not get out of our way, and if spoken to she would laugh at us—I knew her before, and then she used to seem a very quiet, modest girl—I am certain she is now out of her mind by her conduct.
JOHN ANDERSON . I have come from Giltspur-street—the prisoner has been in custody twice before—the matron and surgeon both considered her quite insane—her conduct has been very violent, and she has been locked up to prevent violence being used to the other prisoners—I have not had the same opportunity of seeing her which the matron and surgeon have—her conduct was that of an insane person without any motive to provoke that conduct.
Prisoner. It was not my fault, it was the girls in the Compter began rowing with me—if my mother will be good, and not quarrel with me, I will not quarrel with her; but she begins with me, and I must begin with her—she takes up the broom and the poker, and all at me.
NOT GUILTY ., being insane.
GUILTY . Aged 52.— Confined Three months; and to find sureties.
GUILTY .— Confined Two Months.
348. JEPTHA MILLER . was indicted for stealing, on the 15th of November, at St. James, Westminster, 18 yards of silk, value 1l. 16s; 2 handkerchiefs, value 7s.; 1 coat, value 2l.; and 2 pairs of trowsers,value 1l. 7s.; the goods of Robert Parnell, his master, in his dwelling-house.
ROBERT PARNELL . I am a hosier and outfitter. I live at No. 78, Tottenham-court-road, in the parish of St. Pancras—I am the housekeeper—the prisoner was in my service about two months—I discharged him—he continued loitering outside my premises after he left—he was constantly seen about the premises—he had been my errand-boy, and lived in die house when in my employment, and had 7l. a year—he had a box there which he left—as I suspected him, I would not give it up without first searching it—it was locked—I did not open it in his presence, as he left my house and went to Saffron-Walden the same night—I heard nothing more of it for a week or ten days—his mother then came to me, and wished to see the contents of the box—I told her I was very busy, but if she would call in a week or so I would attend to her—she did call again, and I burst the box open in her presence—I found in it a coat, two pairs of browsers, eighteen yards of silk, and two handkerchiefs, which are mine (looking at the property)—I have a private mark on them—I had not sold them—his box was locked—nobody could have put the articles in after he left.
Q. If you suspected any thing, why not detain him, and have the box opened in his presence? A. I went up to see if his box was looked, and when I came down I found he was gone—I had told him before I went up that I meant to have it searched.
Prisoner. He never said a word about searching the box. Witness. He asked me to let him have his box—I said I should not without seeing the contents of it—he said nothing—I went up stairs afterwards to his bed-room and found his box was locked—I came down, and he was gone.
Prisoner. I was in his employ three months and a week—I deny putting the things into the box. Witness. I am not certain about the time he was with me—the articles are worth 5l. 10s.—that is the lowest price—the cost price to me—they are all new—I am quite certain they are not worth less than 5l.
ALLEN HORATIO GARMAN . (police-sergeant E 3.) I went to Saffron Walden on Tuesday, the 19th of December, to look for the prisoner—I found him on the 20th of December there, at Mrs. Granger's—I asked him if his name was Miller—he said it was—I asked if he knew Mr. Parnell, of London—he said he did—I said I was come to apprehend him on a charge of felony, for robbing Mr. Parnell—he said he knew nothing of it himself—Mrs. Granger was present, and she said to him, "Jeptha, know nothing of it, you cannot tell who has been at your box, which has been left there this length of time"—I took him into custody, and as I brought him away, he said, "Never mind, they cannot hang me for it this time."
Prisoner. Mrs. Granger did not tell me to know nothing about it Witness. She did.
Prisoner. It was not Mrs. Granger. Witness. She represented herself as Mrs. Granger in his presence.
Prisoner's Defence. Mr. Parnell said nothing to me about having my box searched—he told me to go about my business one Saturday night—I waited and asked him for my box—he said, "You shall not have it," and shoved me from the door—my mother was not at home, and I did not
know where to go—I went to Saffron Walden, and told my mother to go for my box—I had not the key, and do not know what they put in or took out, but I have lost a great many things out of it.
MR. PARNELL. re-examined. There were bundles of different articles belonging to him in the box—I know nothing of any body haying a key to the box except him—I found it locked, and never touched it till the prisoner's mother was present—I have a partner in one business, but not in this house—about 1l. is due to the prisoner for wages, but he never asked me for it—I had no quarrel with him—I turned him away because he altered a bill of parcels from 1l. 1s. to 1l. 1s. 6d.
GUILTY . Aged 18.— Confined One Year.
NEW COURT.—Wednesday, January 3rd, 1838.
Sixth Jury, before Mr. Common Sergeant.
JOHN MARCH . I am beadle of Farringdon-without. On Saturday, the 30th of December, I saw the prisoner, with two others, in Fleet-street—I was on one side, and he on the other—I saw him pick a gentleman's pocket of a handkerchief, and turn to give it to his companions, but they saw me run across the way, and would not take it—he threw it down—I picked it up—he turned up Fetter-lane, and I lost sight of him for a second, but I am positive he is the person, I had known him before.
Prisoner. Q. You say I turned the corner of Fetter-lane? A. Yes, it was seven o'clock at night.
Prisoner. There were twenty or thirty persons and a mob ran up Fetter-lane, a gentleman laid hold of me. Witness. Yes, as I called, "Stop thief," I saw you take this handkerchief from a gentleman—I did not know who he was, he went on.
THOMAS LIGHTFOOT . I am an officer. I was there, and saw every thing that has been stated—I gave chase, and never lost sight of the prisoner at all—he was stopped by a gentleman almost within my grasp.
Prisoner. He was not near me at all. Witness. Yes, I was close to you—my hand was not six inches from you at the time you turned—you were just by the coffee-house—you saw me, threw down the handkerchief and ran up Fetter-lane, and I after you—you were within six inches of my grasp when you turned.
Prisoner. It is a great mistake—they have not got the right person—I have a wife, and two small children,
GUILTY .* Aged 21.— Transported for Ten Years.
GABRIEL FLECK . I live at No. 27, Penton-street, Pentonville, and am an engineer. I had a pair of compasses in my pocket on the 28th of December—about three o'clock in the afternoon, I was passing through Fore-street, a gentleman touched me, and asked me if I had lost any
thing—I felt my pocket, and these compasses were gone—I saw them taken out of a cellar—they are mine.
MICHAEL NEWMAN . I was in Fore-street about three o'clock that day, and saw something taken from the prosecutor's pocket by Butler—Norris was with him, and received the property from Butler, whatever it was—I had seen them before they went to the prosecutor's pocket—Norris looked at me, and stood half a second to consider which way he would go—he then made a run, and Butler followed him—I followed them down Coleman-street, and there Norris threw the property into a building—I went there with the officer, and found these compasses there, at the very place where I saw it thrown.
Norris. You said you saw me chuck something away, but what you did not know. Witness. Yes, I say so now—there were others ran, but you threw something down.
Norris. I don't know Butler at all—he is a stranger to me.
Butler. I was never near the gentleman's pocket.
THOMAS DRIVER . About three o'clock I was going along Coleman-street, and saw several persons run, and the prisoners were running—I saw Norris throw something into the cellar of a new building—that is the spot where these things were found.
Norris. I was going to a fire, and heard the cry of "Stop thief!"—I ran with the mob, and this prisoner was taken, and so was I—they lost me for a quarter of an hour.
NORRIS— GUILTY . Aged 21.
BUTLER— GUILTY . Aged 21.
Confined Six Months.
WILLIAM LOUIS COLLINS . I live in Wood-street, Westminster, and am a brewer. The two prisoners were my labourers—on the 22nd of December I sent them out with a dray to deliver beer—in consequence of information, I had examined my casks in the brew-house, and among the empty casks I found one firkin of ale full, that ought not to have been there—I watched the prisoners—I got into a hackney-coach, and got before them to Mr. Kerridge's, No. 28, Peter-street, where I knew they were going—I planted the coach before the house, a little further on—I saw Dowden knock at the door—he went in and Baxter followed him—in a few minutes he came out, and took the full cask, and they remained about four minutes—when they came out, Baxter got on the dray, and drove it home—I went about my business, to wait till night to see if they would make any entry of that cask—it was Dowden's business to do it—he did not enter it, nor offer to pay any money.
Cross-examined by MR. PHILLIPS. Q. Were these persons in your father's employ before yours? A. Yes—my father used to make some of
the men a present of a firkin of ale at Christmas, and I should have given them a firkin if they had not stolen it—the prisoners were about two years in my father's service, and in mine about a year and a half.
JURY. Q. Did you give them a cask last year? A. No—I never gave them one—I did not give any of the men any ale at Christmas, 1836.
Cross-examined. Q. Did you give any of your men any ale last Christmas? A. I have given one man a cask—I will not swear I gave none of my men any ale at Christmas, 1836.
(The prisoners received a good character.)
BAXTER— GUILTY . Aged 20.— Confined Three Months.
DOWDEN— GUILTY . Aged 26.— Confined Six Months.
Recommended to mercy by the Jury.
352. JOSEPH STOCKMAN . was indicted for stealing, on the 15th of December, 2 pewter pots, value 2s. 6d., the goods of John Jones: 1 pewter pot, value 1s. 2d., the goods of James Alder: and 1 pewter pot, value 1s. 2d., the goods of Thomas Gorrod.
JOHN JONES . I keep the Queen's Head public-house, in the Fulham-road. These two pint pots are mine—they are bent up—I cannot tell when they were taken—I only know the prisoner by seeing him at the office.
Prisoner's Defence. Being at work on the Western Railway, on the 24th of December, while digging, I turned a plank over and found two pots—I laid them on one side—in the course of the afternoon I picked up two more, and put them with the others—soon after I dug up another without a bottom, and soon after I found the bottom of it—the whole of them were bent and knocked about—I called one of my fellow-workmen, and told what I had found—he examined them, but could not make out the names, they were so dirty—on leaving work I put them into my pocket, and was proceeding home, when a policeman stopped me, and asked what I had got—I said, "Some pots, which I found while I was at work"—he said, "You must go to the station-house"—the inspector asked how I got them—I told him—he locked me up, and the next morning I was committed to take my trial.
GUILTY .* Aged 21.— Confined One Year.
(There was another indictment against the prisoner.)
EDWARD WHITE . I am a basket-maker and turner. The prisoner was my apprentice—it was his business to receive money for the things he sells in the shop, and to enter the money in a book, and put the money into the till—this money was marked, and given by me to different people—it was put on the counter by the people who went to buy goods—this shilling was marked by Mr. Fisher (looking at it)—there is only one I can identify, and the
half-crown—Mr. Fisher marked the shilling, and can prove it is the same—I did not see the money in the till—I have had no account in my books of it.
Cross-examined by MR. DOANE. Q. What did you mark? A. One half-crown and one shilling, but I cannot find the shilling—I had not marked any at any previous time, nor had any one by my desire—the prisoner had been with me three years—he boarded and lodged in the house—I found him in clothes, and gave him money besides occasionally.
THOMAS HANCOCK . On the 15th of September Mr. White called on me and pulled a half-crown out of his pocket and marked it—I did not go with that to the shop—I gave it to my wife to send the servant—my wife's name is Rebecca.
Cross-examined. Q. You saw it marked? A. Yes—(looking at it)—this is it—it is marked on the reverse side, on each side of the word "Fid."
MR. WHITE. This is the one I marked.
Cross-examined. Q. Had you any other silver about you? A. No, none.
MR. DOANE. Q. What was in the till? A. There was money—I did not count it—I went to the till about half an hour after these people had been in—the officer found the money on the prisoner in my presence.
JURY. Q. Was the till locked? A. The key was attached to it—there were other articles entered in the, book this day—these should have been entered, and were not.
(The prisoner received a good character.)
GUILTY . Aged. 18.— Confined Six Months.
RICHARD MARGINSON . I am a hatter, and live at No. 24, Homer-street. The prisoner was a lodger of mine—I had a pair of scales and weights in my back kitchen—they were safe on the 3rd of December—I missed them on the 4th and spoke to the prisoner—she said she wondered at my suspecting her, when there were other people in the house—these are my scales.
Prisoner's Defence. I pledged them, they were given to me on the 4th of December, my husband had been very ill, he got up that day to attend Dr. Rowe, he came home and said, "How shall I get my medicine?" I said, "I do not know"—he said he would go to his brother's to see if he could lend him the money—he went, came back, and brought these scales, and said, "My brother has lent me these, you can go and pledge them," which I did in my own name, and ten days elapsed before the prosecutor said any thing to me about them.
GUILTY. Aged 31.—Recommended to mercy by the Prosecutor and Jury.— Confined One Month.
355. JAMES FLETCHER . was indicted for stealing, on the 11th of December, 125 yards of linen cloth, value 12l. 9s.; 3 shawls, valued 4l. 10s.; 2 handkerchiefs, value 13s.; 1 veil, value 14s.; 6 1/2 yards of lawn, value 12s.; and 1 canvass bag, value 3s.; the goods of John Williams and another, his masters: and HENRY MAY ., for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.—2nd COUNT., for feloniously receiving the same of an evil disposed person.
LLEWELLYN PARRY . I am shopman to John Williams and Joseph Sowerby, living in Oxford-street. Fletcher was in their employ—on the 11th of December I missed this property—I charged Fletcher with taking them, he said he had stolen the goods—I only named two shawls—I accompanied the officer to May's lodgings, and found three pieces of linen, three shawls, and one piece of lawn—they were found under the sofa—May was present—Mace the officer took me there—Fletcher told me something to induce me to go—May said Fletcher left the goods there, and Fletcher said he would take any quantity at the same price.
Cross-examined by MR. CLARKSON. Q. Who does the firm consist of? A. John Williams and Joseph Sowerby—there are no other partners—I am the eldest there—I have not the control over the rest—we are all paid by the year—Fletcher is quite a youth—I suppose about twenty-one or twenty-two—he had been there eleven months—he made a full statement.
Cross-examined by MR. PHILLIPS. Q. Did you say one word before the magistrate that May said he would take any quantity at the same price? A. Fletcher said that May would take any quantity at the same price.
RICHARD GODWIN MACE . I received charge of Fletcher on the 11th of December—on the road I asked him how he came to rob his employers, he said he should never have thought to do so but through May, who tempted him to rob his employers—I got a search warrant, went to May's lodgings in Long-acre, and under the sofa I found these things, except two pieces of Irish, and a piece of lawn, which were in another part—May said part of them he took from Fletcher, and part he fetched from Mr. Williams's shop by Fletcher's desire—I found two more pieces of Irish, at a pawnbroker's—May is a journeyman shoemaker.
JOHN TICKNOR . I live at a pawnbroker's. I took in these two pieces of Irish of a female, whom I have understood for years to be May's wife—May has never stated that she was his wife—he has been there with her—she pawned in the name of May, in his presence.
(John Godwin, Ashley-street, St. Pancras; Albon Fisher, grocer and cheesemonger, Camberwell;—Leslie, Stanhope-street, Clare-market,
and John Rees, traveller, Upper Berkeley-street, gave the prisoner Fletcher a good character. John Geary, bootmaker, of Chandos-street; John M'Guines, egg-merchant, of Brook-street; Francis Cubley, boot and shoemaker, Well-street, Drury-lane; and—Kennis, boot-maker, Lowther-arcade, Strand, gave the prisoner May a good character.)
FLETCHER— GUILTY. Aged 18.—Recommended to mercy by the Jury.
Confined Six Months.
MAY— GUILTY . Aged 26.— Transported for Seven Years.
356. MARY PAGET . was indicted for stealing, on the 15th of December, 1 printed book, value 1s., the goods of Louisa Rothery; 6 toothpicks, value 15s., the goods of Martha Drew; and 1 smelling-bottle, value 2s. 6d., the goods of Jane Downs.
LOUISA ROTHERY . I am single, and live at No. 55, Upper John-street. I have a stand at the Pantheon, and sell books—on the 15th of December the prisoner walked up to my counter, and took something—I followed her, and charged her with it—she said she had not taken any thing—I opened her cloak, and saw a book belonging to me, and some silver toothpicks fell on the ground—I took up the tooth-picks, and gave her in charge—this book is mine—this glass scent-bottle was in her reticule.
Cross-examined by MR. PHILLIPS. Q. Are you single? A. Yes—I am not certain whether there is any mark on this book—(looking at it)—there is not any mark on it—these books are sold elsewhere—I saw her take something—I know there was a book like this there a few minutes before, and I missed it directly after seeing her at my counter.
(The prisoner received a good character.)
GUILTY. Aged 64.—Recommended to mercy by the Jury.
Confined Three Months.
357. EDWARD M'HALE . was indicted for stealing, on the 28th of December, 15lbs. weight of lead, value 2s., the goods of John Townsend and others, and fixed to a certain building; against the Statute, &c.
JOHN LEONARD . I am a builder, living at Holloway. I was employed in repairing some buildings for John Townsend and others, in Goswell-street, and had lead there—I missed some, and found this at Mr. Maynard's shop—I have fitted it to the work, and it fits exactly—I know the prisoner—he was in our employ—this lead belongs to Mr. Townsend and others—it is worth 1 3/4 d. a pound.
JOSEPH MAYNARD . I keep a marine-store-shop. I bought this lead of the prisoner—this bit on Wednesday, 9lbs. at a 1d. a pound, which is the regular price—this bit was bought of him the week before, at the same price—this other bit was bought by Mrs. Maynard.
Prisoner. I never saw the man till I was at Hatton-garden, to my knowledge.
Prisoner. I never had this lead in my possession—they said they had it of a man of the name of Conner.
GUILTY .—Aged 59. Confined Six Months.
(Upon which no evidence was offered.)
NOT GUILTY .
(Upon which no evidence was offered.)
NOT GUILTY .
GUILTY . Confined One Month.
HARRIETT CASS . I am the wife of Henry William Cass, a tobacconist, and live in Ratcliff-highway. About half-past nine o'clock on the morning of the 20th of December I was in my parlour—the prisoner came and asked if it was a barber's shop—I said, "No, next door"—he came in five minutes afterwards and had an ounce of tobacco—I served him—he stood talking about the price—in five minutes afterwards I was in the parlour, and heard a noise in the shop—I went in and saw the prisoner with the cigars in his pocket—he asked me to let him look at the tobacco boxes—I looked for them, missed the cigars, and said he had got them—he said he would give them me back if I would not make an alarm—he flung some out of his pocket on the floor, and shut the door that I should not go out, but I stopped him, and a neighbour came over, and he got them all out while I went out and shut the door to call for assistance.
Prisoner. Q. Did you see me put them into my pocket? A. No, but I saw you take them out.
Prisoner. I went in and knocked a few off the counter—I had not any in my possession at all.
GUILTY .—Aged 20. Confined Six Months.
362. JANE GREEN . was indicted for stealing, on the 23rd of December, 6 pairs of boots, value 27s.; 1 bed-gown, value 1s.; and 1 handkerchief, value 6d.; the goods of John White: and that she had been before convicted of felony.
SOPHIA WHITE . I am the wife of John White, of Berwick-street, Soho. I was going up stairs about four o'clock on the 23rd of December, and met the prisoner coming out of my bed-room—I did not know her—she had no business there—I found a bundle in her hand in a bed-gown—I asked what she was going to do with it—she made no answer—I then called out—this bundle contains my husband's property—here are six pairs of boots, a bed-gown, and handkerchief—they were all in my room on the bed.
Prisoner. They were on the stairs. Witness. They were on the bed—I
left them safe not five minutes before—not any one had been in the room but her—there was not sufficient time.
Prisoner. If they had taken me into the house I should not have been in such a place as this—I have got plenty of relations but no friends.
GUILTY . Aged 62.— Confined Three Months.
HENRY ALDHOUS . I keep the Eyre Arms, St. John's Wood. I had five fowls on the 22nd of December, and missed them on the morning of the 23rd—I have since seen them—I believe them to be mine—I kept them in a stable in the stable-yard.
JOHN WOOLFE . (police-constable S 20.) At eleven o'clock on the night of the 22nd of December I met the prisoner with a handkerchief under his arm—I stopped him and asked what he had got—he dropped one fowl from under his coat—there was another lad walking with him—he ran away—I asked the prisoner where he got that fowl from—he said, "Up the town"—I then took the handkerchief and asked what he had got—he said, "Fowls"—I found three fowls in it—I took him to the station, and the next morning Mr. Aldhous owned the fowls—they were all dead, but quite warm—the prisoner said they were given to him.
GUILTY .—Aged 19. Confined Six Months.
ROWLAND WILDER . I am a butcher, and live in the Edgeware-road. I was in the shop, and heard Finegan call to a man to put the mutton down—I came out, she pointed out the prisoner and said he had got the mutton—he ran—I ran as well—I ran to a corner and there the mutton was thrown down—I ran on and caught the prisoner—be said he had not taken any mutton, nor seen any—just as he said that, a boy came and said he had taken the mutton home which he saw the prisoner throw down.
GUILTY .—Aged 28. Confined Three Months.
JAMES MILNE . I live in Orchard-street, and am a plasterer. On the 23rd of December I was close by the Horse Guards, at about a quarter to two o'clock—Webb gave me some information—I then missed my handkerchief
—I had seen it about half an hour before—this is mine, and the one I had in my pocket.
JAMES WEBB . (police-constable V 134.) I was on duty, and saw the prisoner go behind the prosecutor, take the handkerchief from his pocket, and put it into his own—I took him with it—he said, "It is my first offence"—I found this other handkerchief on him, and two duplicates, which I have ascertained were his own property.
GUILTY. Aged 19.—Recommended to mercy by the Prosecutor.
Confined One Month.
GUILTY . Aged 35.— Confined One Month.
367. THOMAS SMITH . was indicted for stealing, on the 11th of December, 1 handkerchief, value 2d.; 1 crown, 2 half-crowns, 9 shillings, and 1 sixpence; the goods and monies of William Blackwell; to which he pleaded
GUILTY . Confined Three Months.
JOHN BRAITHWAITE . I am an engineer, living at the Manor-house, Westbourne-green. I was returning from London in one of Cowderoy's omnibuses, on the 22nd of December—I was sitting on the left-hand side with my right pocket next to the door—there were two persons on the step for a very considerable time, but at this time there was only the prisoner on the step—I felt a little twitching at my pocket—I could not see any one—I looked very quietly, and saw the handkerchief going through the crack of the door, and it went on until it was taken out through the crack—I got up, looked at the prisoner, and said, "I will stop here"—I saw him throw the handkerchief on the step—I jumped out, seized him, and gave him to the police—I saw it in his hand, and then he threw it down on the step.
Prisoner. It was quite accidental that I saw the omnibus at that time of night—I am not the conductor.
Cross-examined by MR. PHILLIPS. Q. What time was this? A. One o'clock in the morning—I had rode from Oxford-street—I left the City at twelve o'clock, and was at Paddington by one—I did not leave the City in the omnibus—I might have been half an hour in the omnibus—that is the nearest guess I can make—I think I got in in Oxford-street—it might have been the end of Oxford-street—I do not recollect the street—to the best of my belief it was Oxford-street—I cannot swear whether it was the end of Oxford-street, or the top of Holborn—I had been dining with some solicitors and a friend of mine, at the Guildhall Coffee-house, near Guildhall, about half-past eight o'clock—I had been attending the Court all day in the
Common Pleas—I drank, of course—I was perfectly sober when I got into the omnibus—I took no particular notice where I got into it—I will not swear I did not get in at the bottom of Snow-hill—there were two or three persons in the omnibus when I got in first, but none at the time of this occurrence—they might have passed me to go out—I was sitting at the door—there is a portion of the omnibus, between the seat and the door, that would be between me and the person outside—I saw the handkerchief in the prisoner's hand, in Great James-street, Paddington—I called as loud as I could, "Stop, I will get out here"—the prisoner was on the step—I called several times before they did stop—it might have been half a minute from the time I called, until it stopped, and be had the handkerchief in his hand—there was no one else present at that time—there was a boy on the pavement at some distance from the omnibus—I did not take my handkerchief out at all during the time I was in the omnibus—I had it in my pocket just as I have it now—the door was ajar.
GEORGE ANDERSON . (police-constable D 136.) I was in Great James-street, and heard a cry of "Police," and the prosecutor was holding the prisoner—he gave him into my custody, and the prisoner said he did not see the handkerchief until it was on the step—I considered the prosecutor as sober.
Cross-examined. Q. Was there another policeman with you? A. I was the first that came—there were two others came up in about half a minute.
NOT GUILTY .
WILLIAM HENRY POLLOCK . I live in Chapel-street, Edgeware-road, and am a boot and shoemaker. About eleven o'clock on Tuesday morning, the 19th of December, I had some half-boots outside—I missed some about four o'clock—these are mine.
Prisoner. Q. How can you swear to me? I was never in his shop in my life. A. There is a boy that comes that is shorter than him, but I believe he is his brother—I asked who the boots belonged to, he said, himself—the prisoner is the person who pawned them—I asked if they were his own property, he said, "Yes"—he said he lodged at No. 16, Nightingale-street, which is where he was found and taken.
HANNINGTON. (police-sergeant D 9.) I got information from the witness, and took the prisoner on the 20th—he identified him directly.
Prisoner. When I got home, my brother told me there had been a policeman after me, and he did not know but he could put a crown in my way; he came and knocked at the door, and I answered him, and then he said I must go with him to the pawnbroker's—and as soon as they opened the door, they said, "That is him"—how can the pawnbroker tell it was me, when there are many go into his shop?
JURY. to CHRISTIAN SAX. Q. Had you any previous knowledge of this
prisoner? A. No; only his brother—there were no other boots of this description pledged that day.
COURT. Q. Are you sure it was not the brother? A. Quite certain—it was in the evening—I have no doubt whatever that he is the person.
Prisoner. Q. What dress had I on? A. A jacket similar to what you have on now, of a dirty, light colour, and I think a fur cap.
GUILTY .* Aged 20.— Transported for Seven Years.
MR. DOANE. conducted the Prosecution.
WILLIAM SALTER . My father is a livery-stable keeper in Hubbard place, Eaton-square. The prisoner had been in my father's service as stable-man—I have often heard my father complain of missing corn, and spoke to the prisoner about it—he gave no account of it—I made a hole through a partition in one of the stables into the cellar, on Sunday morning the 10th of December, I looked through the hole and saw the prisoner—his wife came in with a basket—there was a bin of corn there—the woman gave the basket to the prisoner—he put it into the bin, and then put his hands in as if in the act of filling the basket—he then shook it and wiped it with his hands—I could see the oats drop from the basket—he put it on the ground—the woman took it and went off—I mentioned it to my father—the woman and basket were then gone—I saw the basket the next morning—it had some grains of corn in it.
Cross-examined by MR. PHILLIPS. Q. Why did you not follow her? A. I did not like, till I advised with my father—I did not see into the basket—I saw corn drop from it when the man shook it—the basket came in empty, and went out loaded—I saw him putting his hands into the bin as if filling it—I saw no corn in his hands—I was twenty-four or twenty-five feet from him—I saw he held the basket in his right hand, and he drew his left hand towards it—I will not swear I saw him touch any corn.
MR. DOANE. Q. You saw the corn inside the basket the next morning? A. Yes.
GUILTY . Aged 49.— Confined One Year.
(There was another indictment against the prisoner.)
WILLIAM JAMES SUMMERSETT KEMMISH . I am a boot and shoemaker, and live in the Lowther Arcade. The prisoner used to work for me—I have missed, within nine months, between fifty and sixty pairs of boots and shoes—on the 9th of October I missed two pairs—I mentioned it to the prisoner—she said it was very strange who could rob me—I went to to the station and gave information—this is one pair of those I missed that day—(looking at them.)
Prisoner. You said you lost a pair the night before, and gave me in charge. Witness. Yes, but it has nothing to do with this.
HENRY JOHN RUDDLE . I am shopman to Mr. Fleming, a pawnbroker, in St. Martin's-lane. I took in these boots on the 19th of October, but could not swear from whom—this is a counterpart of the duplicate I gave—they were pledged in the name of Ann Tippen—both the prisoner and her daughter had pledged with me in that name—whether she pledged this pair or not I cannot tell.
Prisoner. You said, "That is not the Mrs. Tippen who pledged them"—I have been in the parish twenty-eight years. Witness. I said to the prosecutor I did not think that was the person I took for Mrs. Tippen, but she had a red handkerchief tied over her forehead then—the is the person that has pledged at our house, but I cannot tell whether she is the person who pledged these.
THOMAS POCOCK (police-constable F 88.) I went to the prisoner's room and asked her where the duplicates were of the boots that she had been robbing her master of—(she said, "Mr. Kemmish, I hope you don't accuse me?"—he said, "I do"—she said, "If you will forgive me, I will tell you all"—that was said before the Magistrate, and written down)—I asked for the duplicate of the boots—she said, "I have destroyed it."
WILLIAM JAMES SUMMERSETT KEMMISH re-examined. I heard the prisoner say this—she clung to my hand, and said, "I will tell you all, and go to the pawnbroker and show you"—I said I dare not make any promises.
Prisoner. Can you say that I was sensible when you were there?—when I came to myself there was a jug of water before me, and you took it up and drank. Witness. I did not—she stated what I have said.
Prisoner. I am entirely innocent as a new born babe—I have lived twenty-eight years in that neighbourhood.
GUILTY. Aged 45.—Recommended to mercy by the Prosecutor.
Confined One Year.
Fifth Jury, before Mr. Sergeant Arabin.
PETER GEORGE PATMORE . I live at No. 7, Southampton-street, Fitzroy-square. The prisoner was my cook—about a month before this happened I and my family went to Hastings, we were absent three weeks we left the prisoner and my mother in the house—when we returned we missed no property—it was missed in three or four weeks—I gave the prisoner warning immediately I returned, and she left me in a month—about a fortnight after she left these things were missed.
WILLIAM LANCE . I am a pawnbroker, and live at No. 9, Palace-row, New-road. I produce three small pieces of carpeting—I took them in of the prisoner at three different times—on the 12th of October, on the 20th, and on the 30th—they are each about two yards in length—it is old carpeting—two of them were pawned for 2s. each, and one was 2s. 6d.
Prisoner's Defence. On the 20th of November I was taken from my lodgings by a policeman to Paddington watch-house, on suspicion of pledging three pieces of carpeting, one of which is my own—the two others I pledged for the necessities of the family, having spent all my own money; and although I repeatedly asked for money, I never received more than 6d. or 1s. at a time—I was obliged to leave them, having had a fall which broke two of my ribs—they would not give me 1d. to pay my coach-hire, though I was too ill to walk; I applied to the pawnbroker, who offered to purchase them for 6d. each, to which I agreed, being in distress, to support myself and child.
JURY to PETER GEORGE PATMORE. Q. Is it true that you were indebted to her? A. No, quite out of the question—there was 2l. 10s. due to her—she had been but a week in my service when I left home, and these were pawned after my return—I found her intoxicated when I came home, which led me to give her warning—I missed a great many other things.
GUILTY . Aged 37.— Confined One Month.
373. THOMAS WETFORD was indicted for stealing, on the 4th of December, 1 jacket, value 12s., the goods of Peter Burke: 12 bottles, value 1s.; and 9 quarts of wine, value 25s.; the goods of John Whitmore, in a vessel in a port of entry and discharge.
PETER BURKE . I am steward of the Eliza, lying in the West India Docks. On the 2nd of December I went on shore, at six o'clock, and locked the cabin, and did not go back till ten o'clock on Monday morning—I had left my jacket in the cabin, and the wine in the locker—when I returned I found the sky-light broken in, and any one could get into the cabin—I looked and missed my jacket, and a dozen bottles of wine were gone—I had seen the prisoner about, and ordered him away—he does not belong to the vessel at all—this was in the West India Docks, which is a port of entry and discharge.
Prisoner. The apprentice I know, and he used to take me on board and sleep there—I met him outside the gates on the 4th, and he gave me this jacket to pawn, which I did, and gave him the money.
PETER BURKE re-examined. We had William Thomas on board—I left him on board when I left the ship, and he ran away—I did not see him till he was taken up—we had him in custody—the vessel was in the Export Dock.
Prisoner. I came back towards the Dock, and he asked me whether I
bad seen the lad—I said I had, and he asked me about the jacket I told him the chap gave me a jacket, and I pawned it.
NOT GUILTY .
JOHN CHARLES RAY . I am a plumber, painter, and glazier. On the 16th of December, from nine o'clock to eleven in the morning, I saw the prisoner, and took him with this property on him—in the first instance I saw four persons, one of them was carrying a roll of flannel—I cannot say I whether it was the prisoner, or whether he was one of the four—I went to a policeman's lodgings and he was not at home—I then ran after the four people, and saw the prisoner alone with the flannel, and took him with it—he ran from me—the policeman and I took him.
THOMAS BOYLE . I am a linen-draper, in St. John-street. This is my flannel—(looking at it)—it has my mark on it, in my own writing—I missed it between nine and ten o'clock on the day stated—it was taken from the counter.
Prisoner. I was walking up the street, and some person asked me to carry this flannel—I took it a short distance, and this man came and took it—I missed the person who gave me the flannel.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined Six Months.
375. JAMES TANSWELL was indicted for stealing, on the 14th of December, I fuzee cutting engine, value 4l.; 2 vices, value 11s. 6d.; 8 screw-plates, value 9s. 6d.; 8 files, value 4s. 9 d.; 2 pairs of pliers, value 2s. 6d.; 10 tools called arbors, value 5s.; 2 tools called verrals, value 2s.; I pair of turns, value 2s.; I eye-glass, value 1s.; 3 tools called broaches, value 1s.; and 3 screw-drivers, value 9d.; the goods of Frederick Charles Dickinson, his master.
FREDERICK CHARLES DICKINSON . I am a watch-maker, living in Tabernacle-walk, City-road. The prisoner was in my employment as journeyman about two months—on the 14th of December I went down the garden, and left him in the shop—I was absent not a quarter of an hour, and when I returned he was gone without leave—I had missed one thing previous to his going, and when he was gone I missed the others—here is the fuzee-engine, and the vice, and other things stated in the indictment, which have since been found—these are all my property—(looking at them)—be had no right to take them off the premises.
ALEXANDER SCOTT . I am a policeman. I took the prisoner—from information I went to Twister's-alley, Bunhill-row, and found these other articles concealed in a cupboard—I found 4s. 9 1/2 d. on the prisoner, and a duplicate of the fuzee-engine—he partly acknowledged to it at Worship-street office—he asked me if I thought the prosecutor would hurt him if he got his tools back-3 said I could not tell him.
Prisoner. He said it would go much easier for me if I would tell—I did it because I was quite destitute, and Mr. Dickinson owed me money.
GUILTY . Aged 18.— Confined Six Months.
GUILTY . Aged 40.— Confined One Month.
GUILTY . Aged 18.— Confined Three Months.
GUILTY . Aged 12.— Confined Three Months.
379. JAMES MATTHEWS was indicted for stealing, on the 25th of December, I pewter pot, value 1s. 2d., the goods of William Wale; I pewter pot, value 1s. 6d., the goods of Edward Whatmore: and I pewter pot, value 1s. 6d., the goods of Thomas Sanders.
WILLIAM WALE . I am the grandson of William Wale—he keeps the Bayswater Tavern, Elm-lane. I called at No. 19, Elm-lane, on the 25th of December, and asked for a pot—I rang the bell and went away—I was away five minutes, and when I came back to the house I could not set the pot—I went and saw the prisoner about 200 yards from the house I had rung at—he was with another person—I followed them up to Porchester-terrace—one of them stepped back—I passed him, and the prisoner went on—I went up to the prisoner, took hold of his collar, and took off his hat, in which I found a pint-pot belonging to my grandfather, and another pot with it, battered close—the prisoner said, "Let me go"—the other man came up, and said, "Let the poor fellow go"—I said I should not—the prisoner went a few paces very quietly, and then he made a great resistance, and struck me several times—the other man ran up to his assistance, with a large hammer, and would have struck me if I bad not let the prisoner go—I ran back and called a man to my assistance, and when I returned, the prisoner was making his escape across the fields—I followed him, and never lost sight of him till he got to Bridge-road, Paddington, and there the cab-man and I took him—he was quite a stranger to me—he struck me, and swore he would kill me—one of the pots I saw in the prisoner's hat was my grandfather's.
prisoner struggling—I saw the other man go up with a sledge-hammer, and swear he would kill him—I am sure the prisoner is the person.
MICHAEL BROWN . I am a policeman. I searched the prisoner, and found part of a quart-pot in his coat pocket, and these others in his trowsers, down in his knees—the four bottoms of the pots were in his trowsers pocket.
Prisoner. The other man gave me the property—I did not take It.
GUILTY . Aged 19.— Transported for Seven Years.
AMY NEWBERRY . I am the wife of William Newberry, and lire in Queen-street, Edgeware-road. On the 28th of December I had some things hanging out to dry, and among them the things, stated—at half-past ten o'clock in the evening I heard the line break in the yard—these things were in the yard—I then heard the middle door open and shut—I went oat and saw the prisoner walking slowly away—I saw the sleeve of a shirt hanging below her shawl—I asked her to come back with me, which the did, and I found this property under her shawl—I did not know her—she begged to be forgiven—this is my property—(looking at them)—was in liquor, but could walk very well and speak.
Prisoner. I was very much in liquor at the time.
GUILTY . Aged 21.— Confined Three Months.
THOMAS PETTINOER . I live in St. John-street, and am a butcher. At half-past ten o'clock in the morning of the 28th of December I saw the prisoner take the beef off my board—I ran after him—he ran about four yards, and threw it down—there was 7 3/4 lbs. of it.
GUILTY . Aged 18.
382. MARY ANN GREEN was indicted for stealing, on the 2nd of December, 1 pair of drawers, value 1s. 6d.; I table-cloth, value 4s.; I towel, value 1s.; and I pair of stockings, value 6d.; the goods of Mary Elizabeth Sherwood, her mistress.
MARY ELIZABETH SHERWOOD . I take in washing. The prisoner was employed by me to iron, and had been so for upwards of two months—on the 2nd of December I missed a pair of drawers, and afterwards a tablecloth
and towel—I afterwards suspected the prisoner, and spoke to he about it—I asked whether she was guilty of robbing me of these things—she said, "No"—I went to the station-house and had her lodgings searched in my presence, but nothing was found there—this table-cloth and towel were found at the pawnbroker's—they are what I lost.
Prisoner. She owed me some money, I owed a week's lodging, and took the table-cloth—she said if I would tell her she would not do any thing to me.
GUILTY. Aged 19.—Recommended to mercy by the Prosecutrix.
Confined Three Days.
GEORGE ROW . I keep a boot and shoe-maker's shop, in Kingsland-road, in the parish of St. Leonard's, Shoreditch. I know Mr. Wall—I owed him a balance of a bill to the amount of 22l. in all, but there were some goods that did not suit me—on the 21st of November the prisoner brought me a letter—it was very much like Mr. Wall's writing, but I would not swear to it—the letter is lost—I cannot find it—in consequence of that I broke open another letter, which had contained this money nearly a week before, Mr. Wall having promised to be in London on the day that the prisoner came—I put a £10 note, a £5 note, and two sovereigns, into a letter—I took the numbers of the notes, and called the prisoner, and showed him them—the prisoner made himself known to me as Mr. Wall's agent—I told him it was for Mr. Wall—he gave me a receipt for it—Mr. Wall lives at Northampton—this is the letter I gave the prisoner, with the money—this is the receipt the prisoner gave me—(read)—"Nov. 21, 1837.—Received 17l. 1s. 3d., of Mr. Row, for Mr. Wall.
Cross-examined by MR. CLARKSON. Q. Did the prisoner ever tell you it would be better for you to send your letter by the two-penny or general post? A. No—he said he was an agent for Mr. Wall—I stated that before the Magistrate—I thought he was Mr. Wall's agent, or I should not have paid him—I have not the letter from Mr. Wall—I lost it from the time the prisoner went out of the house—that letter gave no authority to me to pay the prisoner—I should not have paid him if he had not represented himself in the light he did—Mr. Wall demanded 22l.—he said the amount of his goods was 22l.—I had returned some goods and there was a discount—he did not know what goods I should throw out.
Cross-examined. Q. You did not address any letter to Rowe, authoriling
him to settle with any one? A. No, nor had I agreed to take 17l. for my debt.
HENRY PEARCY . I live at a wholesale shoe warehouse in St. John's-street. The prisoner came there on the 8th of December, and asked me to change a £10. note—I got it changed for him—I wrote my own name on the note—I saw it again at Hatton-garden office—this is it—(looking at it.)
Cross-examined. Q. Are you in the habit of putting your name on notes that pass through your hands? A. In general I am—I can swear to my handwriting on this note.
FRANCIS LEWIN . I live at No. 14, Cork Terrace. On the 12th of December I took the £10. note produced from a baker of the name of Fisher—I held it from the 12th to the 15th, and then paid it to my bankers.
CHARLOTTE HALL . I am the wife of John Hall, he keeps a public-house in St. John's-8treet. The prisoner lodged at our house—on the 8th of December, to the best of my recollection, the prisoner took a £10. Bank-note out of a parcel to get changed—I saw the £10. note, and was asked to change it—I had the parcel in my possession—I received it from the prisoner to take care of—I gave it to the prosecutor.
GUILTY . Aged 28— Transported for Seven Years.
OLD COURT.—Thursday, January 4th, 1838.
Second Jury, before Mr. Sergeant Arabin.
GUILTY . Aged.— Confined Three Months.
385. MARY CALLAN was indicted for burglariously breaking and entering the dwelling-house of Margaret Caton, on the 21st of December, at St. John the Evangelist, Westminster, with intent to steal, and stealing therein, 2 pairs of trowsers, value 1l.; 2 waistcoats, value 4s.; and I coat, value 5s.; the goods of Maurice Buckley.
MAURICE BUCKLEY . I lodge with my mother, Hannah Buckley, in Old Pye-street. Margaret Caton rents the whole house—she lives in it—I pay my rent to her—it is in the parish of St. John, Westminster—I lost this property on the night of the 21st of December—I had seen it safe at ten o'clock when I went to bed—it was in my bed-room—I have known the prisoner about the neighbourhood, but knew nothing against her—she had lived in the house about two months, but did not live there at this time—my mother who slept in the same room awoke me in the
sight and said, "There is a person in the room"—I found the prisoner a the room, and knowing her I let her go—the door was not locked but shut, and fastened with a latch—it was about one o'clock in the morning—I cannot say how she got into the house—I cannot say whether the street door was fastened or not—about ten minutes after she was gone I struck a light and missed the property, which I am certain was there when I went to bed—it has been found since.
HANNAH BUCKLEY . I am the mother of the last witness. I went to bed after my son—I latched the door, and put the sand-bag at the bottom—I did not go to sleep at all, and at one o'clock in the morning I heard something in my closet, which I thought was the cat—I tuned round, and saw the prisoner coming out of the closet—she frightened me—I thought she was a ghost—I called my son, and when he got up he missed the property—I had gone to bed about eleven o'clock.
ROBERT SUTTLE . I am a policeman. I had information of this about one o'clock in the morning—I went to a house in St. Ann-street, from information, and found the prisoner lying on the bed there, apparently drunk—she had been drinking—I said to a woman in the room, "When are the clothes this girl has just brought in?"—she said, "There they lay, by the side of her," and there I found this property, and took the prisoner into custody.
(Property produced and sworn to.)
Prisoner's Defence. I cannot tell how I got into the place—I had been drinking all day, and was in the habit of going to that place—I cannot tell how I got there—I found myself at the station-house in the morning.
MAURICE BUCKLEY re-examined. She appeared to have been drinking—when she lived in the house, she frequently came down into the room to my mother—I never had any thing to do with her—I never invited her to the house—I did not see the bundle when I let her out.
GUILTY† of stealing only. Aged 17.— Transported for Seven Years.
Before Mr. Baron Alderson.
MR. STURGEON conducted the Prosecution.
THOMAS BURN . I am a coal-whipper, and live in Great George-street, Bethnal-green. I knew the deceased, Thomas Hawe—he was a coal-whipper—I had known him for about three weeks and a month—on Saturday evening, the 9th or 10th of December, I was in his company at the Queen's Head, at the corner of North-street, Mile-end-road—the prisoner was there, and a young woman named Jane Bubb—there was a dispute between the prisoner and the deceased about Jane Bubb—the prisoner told her to keep herself to herself, and not to be talking to other young men—she had come there with the prisoner, and she was talking to the deceased—the prisoner then said he would strike her if she did not keep herself to herself—the deceased said in his presence that he should not—that was all
that passed—they left there afterwards—on the next Tuesday I was at work with the deceased all day, and went to the Northampton Arms public-house in the evening, between eight and nine o'clock-—the prisoner was in the tap-room when I got there—the deceased came there a little after ten o'clock-t-the prisoner had come about nine o'clock—I did not hear the prisoner say any thing in the tap-room—I did not see the other people come down to him afterwards—I was up stairs in the same house about ten o'clock—there were thirty or forty persons there, as near as I can guess—Jane Bubb was there and the deceased—the deceased went down stairs, and in about five minutes returned with Jane Bubb, and she went and sat by his tide—'they came up together—she sat down by the side of the prisoner, and kept laughing and sneering all the time at the prisoner—the deceased then sang a song, and in a few minutes after he got up to go, and Jane Bubb with him—the prisoner all the time appeared much agitated—all the while the was in the room, sneering and laughing at him, and when they got up to go away, he jumped off his seat, ran to the door, and went down stairs, and they followed him—I followed them, and when I got round the stairs I heard the deceased say, "Don't strike her"—I suppose he said so to the prisoner—the staircase goes round—as soon as I got round, the first thing I saw was the deceased either strike or push the prisoner, and he went back about a yard and a half against the partition—the deceased then followed him, and doubled his fist—they then struggled together with their hand round each other's neck—they bad about one of two hits at each other, as I thought—I then stepped in between them, and said, "Drop it"—the deceased made answer "He has got a knife"—I then laid hold of the prisoner's hand, and held it till a young man named Stiff came down and took a knife out of the prisoner's right hand—it was open—I did not see any blood on it—it had a black and white handle—it was a sharp-pointed knife—a common clasped knife, which men are in the habit of using—the deceased was taken to the hospital—I saw him again the next evening, alive—I saw him after he was dead, at the Coroner's Inquest—this is the knife—(looking at it)—that was the knife given to me by James Holland.
Cross-examined by MR. PHILLIPS. Q. You use such a knife at this yourself, do you not? A. Yes—there is nothing particular about it—the deceased either struck or pushed the prisoner and he fell back about a yard and a half against the partition.
Q. From the time that happened, until the deceased told you that the prisoner had a knife, had the prisoner time to put his hand into his pocket or take it out and open it? A. No.
COURT. Q. Do you understand the question? A. Yes.
MR. PHILLIPS. Q. In the course of the scuffle between the two, did not toe prisoner fall down, holding his hands out to try to prevent his falling? A. He held them down—he did fall against the partition—there was a gas light at the bar near where he fell—if he had put his hand into his pocket and pulled out the knife, I must have seen it—he did not do so.
CODRT. Q. Which was the most powerful man? A. The deceased was a much more powerful man than the prisoner, and I think he was the elder man—he seemed about twenty-three or twenty-four years of age—the prisoner appeared very angry up in the room, when the girl was sneering and laughing at him, and very much excited all the time they were in toe room—he appeared so that he could hardly sit on his seat.
MR. PHILLIPS. Q. I believe the deceased was a married man? A. I have heard so since.
SAMUEL STIFF . I am a coal-porter, and live in North-street, Whitechapel-road. On Saturday night, the 12th of December last, I was at the Queen's Head—I saw the deceased, the prisoner, and Jane Bubb there—Jane Bubb was sitting between the two—the deceased got up and said. "There is a vagabond who says he will strike the girl because she spoke to me"—I saw the prisoner mutter to himself, but was too far off to know what he said—I saw no more of them that night—I saw them on the Tuesday evening afterwards at the Northampton Arms, up stairs in the singing room—I went up with some friends—when I had been there a short time the deceased came up with two friends—I heard him sing a song—I went down, and when I came up again I saw him sitting by the side of Jane Bubb, and she was laughing and jeering at the prisoner, who appeared greatly excited at their conduct—the deceased and Bubb got up with the intention of going down—the prisoner rushed down before them—I heard a noise and followed immediately—when I came down I saw the deceased and the witness Burn and the prisoner—the prisoner held a knife in his right hand—Burn was holding him by his right hand, and I took the knife out of his hand—the affray was all over when I got down.
Q. Can you tell us what the prisoner was doing up stairs when he was so much excited—was he eating or drinking? A. I did not observe him—I think there was a pint of beer before him—he was sitting at the table—I did not see any thing in his hand when he rushed out to go down stairs.
Cross-examined. Q. Did not the unfortunate prisoner appear almost beside himself with agitation and excitement? A. He appeared very much agitated—it is not a room where they take bread and cheese, and chops—they drink there—the prisoner's back was towards me in the room. CATHERINE HATES. I am servant at the Northampton Arms. I remember the Tuesday night in question—I saw the deceased that night, and the prisoner and Jane Bubb—they were up stairs—I saw the prisoner in the tap-room, and also up stairs—he did not come to the bar to me—he came to the house by himself, and Bubb came with the deceased—they did not dance together that evening, that was on Saturday—Todd and Clark were down in the tap-room, when the prisoner called me down into the tap-room—the prisoner had said to me, that Tuesday afternoon, that if Bubb came there that night, he would give her a good hiding—that was before she came with the deceased—I never heard him threaten to give her a good hiding before that—I remember their dancing together at our place on the Saturday before—he had been complaining of her then—after they came on this Tuesday evening, the prisoner came and called me down stairs into the tap-room, and gave me a knife, a pocket-book, half a brace, and another book besides—he told me to take care of them till the morning—I told him I would take care of them, and told him not to go up stairs any more—I left him in the tap-room with Clark and Todd—after putting his things away I went up stairs for his beer, and brought it down stairs—he afterwards came up stairs again, and brought his beer back, and soon after he went up, the deceased and Bubb got up to come down stairs—when the prisoner saw it he rushed out, and came down before them—he got before the girl in the passage, and asked her where she was going to, and he struck her—the deceased saw it, the returned back from the bar, and struck the prisoner—they were then in the passage—he appeared a more powerful man than the prisoner, and they
struggled—he appeared to me to strike him hard—I do not know whether he went backwards in consequence of the blow, but they struggled together, and the deceased fell—I cannot say how long they struggled together—it was not very long—I saw the deceased strike the prisoner once, but not after the first blow—when the deceased fell, I picked him up, brought his hat to the bar, and told the girl to go out—the deceased ran to the prisoner again, and they struggled again—the prisoner was standing by when I picked up the deceased—I stooped down to hold him up—I left the deceased's hat at the bar—I do not know what happened after they struggled the second time, for I picked up the deceased's hat, and told Bubb to go out, and as I returned from the bar I saw several young men trying to get the knife from the prisoner—it was in his hand—there were a good many other persons in the passage besides me—a good many were coming down the stairs, and when they heard the scuffling they all ran down.
COURT. Q. Was there a confusion in the passage when the struggle took place? A. Yes, there was a gas-light before the bar, not far from where the struggle took place—it was as far as I am from your lordship—(about six yards)—I cannot say how wide the passage is—it is not very wide—it is not so wide as the jury-box-—it is wider than one division of it—I cannot say how wide it is—the girl and I and the two men struggling were in the passage—the rest were coming down stairs—Burn was in the passage during the struggle—I kept the knife which the prisoner had given me, and gave it to my master—the prisoner never had that.
Cross-examined. Q. Is this the knife he gave you? (producing one.) A. I believe it is—I put it into the kitchen-drawer, and master had it—I cannot swear it is the knife—the prisoner did not attempt to strike the deceased at all while he was on the ground—after I picked him up the prisoner was standing still, and the deceased made a rush at him again—I did not observe any hurt on the deceased when I picked him up—he complained of nothing the first time.
Q. Do they smoke cigars in the room up stairs? A. They do—I do not remember the prisoner having any cigars—I do not know whether they sometimes cut a bit off the top of a cigar to light it—I did not observe the prisoner put his hand into his pocket at all in the passage.
COURT. Q. He might have done it without your seeing it? A. Yes, he might,
MR. PHILLIPS. Q. Do you know whether the deceased was a married man? A. I do not.
MARTHA HAMBLETON . I am the landlady of the Northampton Arms. I remember the Tuesday evening this occurred—I saw the prisoner, just before the scuffle took place in the passage, go out of the house—he was gone about five minutes—when he came back, as he was going up the stairs, I called him down again—he appeared very much agitated, and looked very pale, and I thought he was crying—I told him I hoped he would not go up stairs to cause any disturbance—he assured me he would not, but that he would have a b—good row that night—he promised me he would not cause any disturbance in the house, because, if he did, I said, I would have him put out, and the girl too—he said he hoped I would, for she had been the ruin of him—he then went up stairs, and a little time after I heard a scuffle in the passage—I then saw the prisoner and the deceased
struggling with each other in the passage—I did not see the blow struck—I thought they were fighting, and immediately ordered the man to put the prisoner out of doors—I did not see any thing material—my man put him out of doors, and he came in again—this was after the transaction was over, but I did not then know the young man was stabbed—I sent for a doctor.
COURT. Q. How old is the prisoner? A. I do not know his age, nor what trade he is—he had been to the house with the young woman, but I had not seen them dancing together—there is dancing up stain on a Saturday night at our house.
Q. Who is Bubb, is she a woman of bad or good character? A. I cannot speak of my own knowledge—I never saw nor heard of her before.
WILLIAM CLARK . I am a carpenter, and live at No. 1, Darling-row. Last Tuesday night three weeks, the 12th of December, I was at the Northampton-arms—I saw the prisoner there—he came into the taproom and said, God strike him dead, or God strike him b—dead if he did not have his revenge that night—he put his hand into his pocket and pulled out a pocket-book, and a pocket handkerchief—he gave the pocket-book to Kitty Hayes, the servant girl, and the handkerchief be put back again into his pocket—he also pulled out something else, which I did not see—he said, "I won't give you that, and if the b—hits me, I will run it into him"—I then walked out of the tap-room, and was going up stairs—he followed me out into the passage and went into the back yard—I went up stairs—he came up directly afterwards, and sat by the side of me—a young man got up and sang a song, and directly the song was over, the deceased and Jane Bubb got up to go out-—the prisoner went out first, and the deceased and Jane Bubb went afterwards—they were down stairs two or three minutes, and I heard a scuffle, but I did not go down till it was all over—I saw nothing more.
Cross-examined. Q. Did I understand you rightly, that he took out the pocket-book from his coat pocket and gave it to Kitty? A. Yes—he pulled the handkerchief out with the pocket-book, but put the handkerchief back again—he then appeared to me to pull something else out of his pocket, but I did not see it—that was after giving the pocket-book to Hayes—the expression he made use of was, "I won't give you that, and if the b—hits me, I will run it into him"—I have given all the expres sions he used.
Q. Have you ever had any quarrel with the prisoner? A. Yes, I was about four years ago, and fought him—we fought two rounds—Todd was present at the conversation I have stated.
JOHN TODD . I am a labourer, and live in Forster-street. I was present when the prisoner gave the pocket-book to Catherine Hayes—he came down stairs and seemed very much agitated, and gave Kitty the pocket book and a knife—he made believe to take something else out of his lefthand coat pocket—Kitty took the knife and pocket-book, and went into the kitchen—when he made believe to take something from his left-hand coat pocket, he said, "This I will keep, and if the b—touches me I will put it into him"—as he left the room he said, "God strike me dead," or "b—dead, I will put the knife into him"—that was as he left the room after he had delivered the pocket-book—he said, God strike him dead, or b—dead, he would put the knife into him, if he touched him, and rip his bowels out.
Cross-examined. Q. Where was Clark when he made use of the observation that he would rip his bowels out? A. Standing alongside the fireplace—he made use of the expression loudly, so that I heard him plainly—I was standing alongside of Clark at the time the prisoner said it—it was as he was going out he said it—that was the last I heard—Clark went out, and I went home—he was going out of the room with Clark when he said be would rip his bowels out.
COURT. Q. Did you ever say any thing about what he said going out of the room before to-day? A. Yes, at Lambeth-street, before the Magistrate, and I stated it before the Coroner—he said he would put his knife into him, and let his bowels out if he touched him.
Q. It does not appear to have been taken down—how came it to be omitted in your deposition? A. I do not know.
MR. PHILLIPS. Q. Have you ever had any quarrel with the prisoner? A. No, never—nor any dispute with him, lately—I had a little bit of a quarrel with him once, but we made it up, and have been good friends since that—I cannot say how long that is ago—it was a long time before this transaction, but I cannot say how long—it was about his striking this same girl, Jane Bubb—it is a long time ago, and we have been good friends since—I found him striking her, and I told him not to do it—we have made it up a long time, and been friends—we had two or three blows about it.
Q. Who had the best of it? A. I cannot say that either of us got much the worse from it—I am nineteen years old—I should say, to the best of my recollection, it was six or seven months ago that we had the quarrel—I do not know how old the prisoner is—he is a labourer, I believe—I believe Bubb is a slop-maker—she is a young woman.
THOMAS BLIZARD CURLING . I am a surgeon of the London Hospital. About eleven o'clock on the night of the 12th of December I remember a man being brought in—he had a wound on the right side of the belly, about an inch and three quarters in extent—it was a serious wound—the bowels were protruding, and the patient bleeding—he died of that wound—it might have been made by the knife produced.
BENJAMIN CORDELL . I am a policeman. I was on duty near the Northampton Arras, on the 12th of December, and was called in—I took the prisoner into custody outside the house—I then went inside to solicit somebody to go as a witness with me, and when I went into the house the parties there came round, two or three, saying one thing or another—I said, "Who will go with me to the station-house, who saw what took place?"—the prisoner expressed a desire to go and see the deceased—I took him into the tap-room—he stooped over some of their heads, and looked at him—I walked with him to the front of the bar, and he put his arm down on his head and staid there for a while—I said, "Cheer up, perhaps it may be better than you expect"—I took, him out, and in going along the road, he said, "How do you think it will go with me?"—I said, "I am sure I can't say, but by all the appearance of the man it seems to me he won't live to reach the hospital"—he said, "Well, I might have done it, as I had been eating a bit of bread and cheese just before with my knife in my hand"—and directly afterwards he said, "I wish you would lend me a knife, as I wish, if I can get an opportunity, to put an end to my own existence"—he said, directly afterwards, that he had been treated very ill by the girl, who had been walking up and down the room, laughing and making
ridicule of him—that she had been the instigation of turning him out of his employment on the Monday before—and he said in the scuffle that he was struck first by the deceased.
GUILTY of Manslaughter only. Aged 19.— Transported for Life.
Fourth Jury, before Mr. Recorder.
387. JOHN CUFF was indicted for stealing, on the 2nd of July, at St. James's, Westminster, 2 cream-ewers, value 10l.; 2 pepper-castors, value 5l.; I sugar-basket, value 1l.; 30 forks, value 36l.; I winestrainer, value 3l.; 2 watches, value 28l.; 2 tea-pots, value 31l.; 4 labels, value 2l.; I sugar-basin, value 4l.; I cup, value 6/.; 2 waiters, value 12l.; I watch-chain, value 2l.; I inkstand, value 5l.; 4 ladles, value 3l.; 32 spoons, value 38l.; 2 coffee-pots, value 13l.; I ring, value 3l.; 2 salt-cellars, value 4l.; I fish-knife, value 4l.; I pair of snuffers, value 4l.; and 1 tray, value 3l. 10s.; the goods of Kensington Lewis, his master, in his dwelling-house.
MR. CLARKSON conducted the Prosecution.
KENSINGTON LEWIS . I am a goldsmith and silversmith, and live at No, 22, St. James's-street. In June last the prisoner was a shopman in my service—he had been so for several years—before he came into my service he had been a respectable tradesman in the same business, as I understand, in Regent-street, but I do not know—in June last I had occasion to inquire of him for a small portion of plate which had been given him to put away—he left me, and I understood him to say he was going for it, but I never saw him again that day—he absconded—he returned again after a day or two—(in the meantime somebody representing himself MI friend of his called on me—in a day or two after the prisoner came himself,) and said that he had pledged my property in consequence of some bills be had accepted—he told me his wife had been confined two or three days, and he was going on his knees, but I prevented that—he said, "For God Almighty's sake do not prosecute me now, or it will be the death of my wife and child; I will deliver myself up at any time"—he said he would give me a faithful account of every thing, and that it did not amount to more than 70l.—he said he would send me the account—I afterwards received this list (looking at it)—it is in his hand-writing—it is a list of articles to the amount of about 150l.—that is the amount they are pledged for—they are worth 300l. and more—it consists of the articles stated in the indictment—when I found the amount out I reproached him for tellomg me it was only 70l., and was very angry with him—I said, "You told me it was only 70l."—he said, "Oh, sir! that is all yours"—I said, "So much the worse;" the rest had been left in my care and custody by persons, and it would bring reproach and disgrace on me—he said, the 70l. worth were articles belonging to me, and the rest were articles trusted to me, and which were under his care—I did not authorise him to pawn any articles.
Cross-examined by MR. PHILLIPS. Q. How long had he been in your employ? A. I think about five years—I never heard of his becoming bail for any body—he told me when I discovered the robbery that he had made use of the property to prevent his losing his situation, because he was liable to be arrested—this letter is in my hand-writing (looking at one)—I wrote it at the prisoner's desire, as he represented his friends were rich—when I wrote it I believed it to be true, as it was his representation—I
did not say in the letter that he had stolen things, I said he had been security—he said he was foolish enough to become security for a friend, to remove him from a spunging-house, in consequence of which he fell into embarrassment—the object of the letter was, that his friend should advance some money to take him out of the difficulty he was placed in—he told me that the father of his friend who had involved him in the difficulty was a very old man, and that he was a man of considerable wealth—the prisoner stated so—I had not the slightest knowledge of it except what he told me—I wrote this letter, believing it to be true.
Q. I believe a few days before he went away he had nearly 300l. of yours in his hand? A. Not that I am aware of—he has had money of mine, but not large sums—my confidential clerk has large sums—the prisoner may occasionally have had large sums of mine, amounting to some hundreds, but that is not his department—his was in the petty cash, which, does not exceed 20l. at a time—sometimes he had a great deal more cash than at others.
Q. I believe after the disclosure of these circumstances you kindly gave him time to get your property from the pawnbroker's? A. I never gave time; I retarded the prosecution, and during that time I know he was endeavouring, through his friends, to get money to redeem the property.
COURT. Q. If he had found the means you would not have prosecuted him? A. No—I was out of the way on purpose, and—it was with great pain I came forward.
GEORGE ODELL WHARTON . I live at No. 36, Mount-street A silver cream-ewer was pawned with me by the prisoner on the 27th of February last year—I produce it—it is worth about 5s.—I advanced 4l. 5s. on it—I should not be able to get more than 5l. for it—it weighs about 10 or 12oz.—I have also two pepper-castors which were pawned on the 9th of March by the prisoner for 2l. 10s.; I have also a sugar-basket, pawned on the 17th of March by the prisoner for 2l. 10s.; and on the 25th of April, six table-forks, for four guineas—on the 23rd of May, a wine-strainer, for 30s.; and on the 3rd of June, a gold watch, for 4l. 10s.—all by the prisoner, and in the name of Smith.
COURT. Q. I presume you never give more than the value to melt? A. Oh, they would not fetch the value I lent on them to melt.
Cross-examined. Q. You give more than they are worth? A. At times we do—the things were not sold to me, but pawned; and if the prisoner, had paid the legal interest he could redeem them—he did redeem some articles—I asked him whose property they were, and he said they were his own—I have known him four or five years.
ROBERT ARCHBUTT . I am a pawnbroker, and live at No. 109, Blackfriars-road. On the 10th of March, I took a silver inkstand in pledge from the prisoner, for 8l.—on the 17th, I received a silver coffee-pot in pawn, for 3l. 10s., from the prisoner—it weighs 12 or 14 oz.—on the 14th of April, four sauce-ladles for 40s.; and on the 10th of May, six table-spoons—they were all pawned in the name of Smith.
Cross-examined. Q. How long had you known the prisoner? A. I dare say three years.
COURT. Q. Do you not make inquiry when people bring plate? A. Yes; whether they are his own property—he has pawned and redeemed three or four articles again—he said they were his own property—he did not sell us any articles.
WILLIAM MASLAND . On the 2nd of July, 1836, I received from the prisoner a fish-slice and two gravy-spoons, in pawn for 5l.—the time had expired nearly three months when the officer applied for them—the person pawning them could have redeemed them if he had made his application—we must either give an account of the sale, or produce the property—we should be entitled to sell them the day after the time is out—on the 3rd of April, 1837, the prisoner pawned a silver coffee-pot for 5l.—I did not take that in—I took a silver mug in—I have six table-spoons which were pawned on the 8th of April.
COURT. Q. Do you not ascertain whether a man keeps a shop when he pawns articles of this sort? A. On one occasion I did question him, for he frequently wanted more than we could really sell articles for—I said we could not do business on that principle, and he did not leave that article—he never came to my shop without redeeming articles, or paying the interest on them—some of these articles have had the full interest paid on them—I thought he was what is called a dealer—if I had known he was Mr. Lewis's servant, I would not have taken them at all.
Q. But do you not take some steps to inform yourself beyond a man's statement? A. I frequently follow persons, and, in fact, often turn pledges away, when the parties have turned out to be honest—a great many respectable tradesmen come to us, and would not like their feelings to he wounded by being questioned—the prisoner always conducted himself respectably, and never came to pawn articles without redeeming; and ON one occasion, he brought a considerable sum of money to redeem articles without pledging any—I have six table-spoons pawned on the 12th of April; and I have a silver mug, and a pair of-salts—I inquired of him whose property they were—he said his own—I only took one pledge in of him myself—that was pawned in the name of Smith, of George-street—on some of them are put "Westminster-road," and one of them "Hercules-buildings."
Cross-examined. Q. As you found so many different addresses, did you go to any one of them? A. I did not.
FREDERICK FOLKARD . My mother, Elizabeth Folkard, is a pawnbroker in the London-road. On the 2nd of March, 1837, I took in a silver teapot of the prisoner, for 10l.—it weighs 30oz.—on the 13th of April I took a cream-ewer, snuffers, and tray—he pawned them in the name of Smith, of West-square—I inquired whose property they were, and he said they were his own.
Cross-examined. Q. Did he pawn with you often? A. He redeemed the articles—we have had the tea-pot several times.
JOHN WILLIAM FIELD . I am in partnership with Abraham Edward Reynolds; we are pawnbrokers, and live in Stones'-end, Borough. I have some articles which my shopman, who has left, took in—six table-spoons and six table-forks, pawned for 10l., in the name of Samuel Jones, No. 7, Denmark-hill, Camberwell.
Cross-examined. Q. Was the prisoner in the habit of pawning with you? A. He is not known at our house at all.
JOSEPH TURNER . I am a pawnbroker, and live in Crown-row, York-road. On the 4th of May, 1836, I took in pawn six table spoons and six forks from the prisoner for 9l., in the name of Johnson, West-square—I asked whose property they were—he said they were his own.
Cross-examined. Q. Was he in the habit of pawning with you? A. I have served him before.
GEORGE WORLEY . I am a pawnbroker, I live at 155, High-street, Borough. On the 26th of July the prisoner pawned six dessert spoons for £5 6s., in the name of Smith, Kent-road, and I think on the same day he took out articles pawned for 10l.—I have known him five years.
JAMES LOCKYER . I am shopman to Mr. Morrison, a pawnbroker, in Blackfriars-road. I produce twelve table-forks pawned on the 7th of December, 1836, for nine guineas, by the prisoner—that is more than they are really worth in the best market in London—it is almost 6*. an ounce—they would not fetch more than 5s. 6d. an ounce—I did not take them in, and cannot say who pawned them—they would not fetch that money in the best sale room in London—they weigh 32oz. 5dwt—I have a tea-pot and bason pawned by the prisoner in the name of John Smith, Stamford-street—he had been a customer so long I did not inquire at every time he brought things who they belonged to—I have a cup and waiter which were pawned on the 7th of March for 7l. 5s., and a French watch on the 25th of March for 4l., by the prisoner, in the same name and address—I have also a waiter and gold chain which were pawned on the 1st of April, but those I understand Mr. Lewis cannot swear to.
MR. LEWIS re-examined. I have no doubt they are mine—at first it struck me they were not, but I have compared them with my stock, and from various reasons I have not a doubt of it.
MR. PHILLIPS to JAMES LOCKYER. Q. Had the prisoner been in the habit of pawning articles? A. Yes, and redeeming articles for the last three yean—we understood him to be a dealer, from the questions I put to him—he said some were his and some his brother's, and they cost him so much—he would pawn one thing and take another out.
HENRY DEACON . I am clerk to Mr. William Smith Hen son, an attorney and accountant. On the 16th of September, last year, I received 30l. 16s. in money, and some duplicates, from a Mr. Shepherd—I gave the duplicates to the officer.
Cross-examined. Q. How much money? A. 30l. 16s.—it was to give the pawnbrokers a composition of 5s. in the pound, if they would give the property up—this was some short time after the prisoner had made the disclosure to the prosecutor—I went to the different pawnbrokers four or five times over to see if they would give the property up—I offered a composition to them of 5s. in the pound—they would not give up the thingssome seemed inclined and others not, unless they consulted among them—selves—they said they could not make out why it was offered—I never saw the prisoner, but I knew of this transaction—there is an action now pending about the 30l.
Q. What did you do with it? A. I think I am not obliged to answer the question, there being an action—I have not returned it to Mr. Shepherd—he has demanded it of me several times—I never threatened to indict Mr. Shepherd, and a variety of other persons, for attempting to compound a felony, not to my knowledge, but there are so many transactions—I have copies of all the letters—I did not threaten to involve Mr. Shepherd with others in a prosecution, for trying to compound a felony, to my knowledge—I do not recollect it—I think I could not have done it—this is the, account I sent in—it is not a bill of costs—I have a copy of it—it is for 12l.
MR. CLARKSON. Q. You have been asked about actions and indictments,
has Mr. Lewis had any thing to do with your proceedings? A. never saw Mr. Lewis but once, and I can tell you the day that was.
HENRY GODDARD . I am an officer of Bow-street. About half-past, six o'clock, on Friday, the 15th of December, I took the prisoner into custody, in Vine Cottage, Vine-street, Waterloo-road—I produced to him this list of the articles on the way to the office, and asked if it was his hand. writing—he said, "Yes"—I said, "Is this the list you sent to Mr. Lewis?"—he said it was, and that it was an account of property which he had pawned at different pawnbrokers, and that he had taken them from Mr. Lewis.
Cross-examined. Q. You found him at his own place of residence? A. Yes—with his wife and family—his wife was very ill at the time—there were three children.
MR. LEWIS re-examined. All the property produced by the witnesses is mine.
(MR. PHILLIPS, on the prisoner's behalf, stated that he was embarrassed in consequence of becoming security for a friend, and had pledged the preperty, expecting to be able to redeem it on the death of his friend's father, who was in affluent circumstances, and upwards of eighty years of age, He received an excellent character.)
GUILTY of stealing only. Aged 50.
Strongly recommended to mercy by the Prosecutor and Jury.
Confined One Year.
THOMAS WALLER . I am in the service of Francis Le Miere, an egg merchant, at Cow-cross. I missed a cloth from the back of the horse in a cart of his, on the 16th of December—it was not secured at all—it could not fall off—it was put over the horse's loins—the horse stood before the door in a cart—I found it still standing there when I came out, but the cloth was gone.
Prisoner. Q. What colour was the horse-cloth? A. Red, and a black stripe—it was a chestnut horse.
EDWARD CORMACK . I lodge at No. 5, Rose-alley, Bishopsgate-street I saw the prisoner with two' other persons in Cow-cross, on a Saturday—I do not know what month—it was in the winter time, about a month ago—I saw the prisoner and another lay hold of the cloth, and give it to another, who walked away with it—it was a brown cloth—the horse stood right opposite the shop in a cart—it was a chestnut horse—I saw the prisoner help the other to take it off, and give it to a third person—I gave information at the shop.
Prisoner. Q. Do you know the meaning of an oath?
COURT. Q. Do you know what is required of you when you are sworn to tell the truth? have you ever been to church? A. No, I go to chapel—I have never learnt my catechism.
Q. Do you know if you tell lies you will be punished hereafter? A. No—I have been charged with robbing my father and mother—I sold what I got—I have not been done any thing to for it, yet—I have often given information to the police—it has not often turned out to be false—it has sometimes.
NOT GUILTY .
389. MART MILLER was indicted for stealing, on the 6th of December, at St. Pancras, I cloak, value 6l., the goods of Thomas Theodore Campbell, the younger: I work-box, value 12s.; I seal, value 10s.; 2 thimbles, value &.; 2 pairs of scissors, value 7s.; 2 penknives, value 5s.; I bodkin-case, value 2s.; and 1 tooth-pick, value 2s.; the goods of Ann Laura Campbell; in the dwelling-house of Thomas Theodore Campbell.
MR. DOANE conducted the Prosecution.
HANNAH BUTLER . I am a servant in the employ of Mr* Campbell, of No. 15, Burton Crescent On the 6th of December, I remember the prisoner coming to my master's house—she said she came after the cook's situation—Miss Campbell saw her, and after some time she left the house—shortly after, Miss Campbell left the house also—the prisoner returned a few minutes after, and said she had met Miss Campbell, who wished her to return and wait till she came in—I allowed her to remain in the hall, and I went down stairs—shortly after I came up stairs and the prisoner was gone—I looked into the parlour, where I had observed Miss Campbell's work-box shortly before, and missed it—when mistreat came home I told her what had happened, and a cloak was also missed belonging to Mr. Campbell.
HANNAH LAURA CAMPBELL . I remember the prisoner coming to inquire after the cook's place, on the 6th of December—I left the house a very few minutes after she left it—I had a work-box on the dining table, not in the room I saw hex in—I did not meet her alter I went out—I never told her to go back and wait for me—when I returned, my workbox was gone, and I missed a cloak belonging to my brother—his same is Thomas Theodore—this it my work-box—it contained a bodkin, two penknives, two pairs of scissors, two thimbles, a mother-of-pearl bodkincase, a tooth-pick, a seal, and Russian pebble—the box and contents together are worth two or three guineas.
THOMAS THEODOEE CAMPBELL, JUN . The souse in question belongs to my father, Thomas Theodore Campbell, and is in the parish of St Pancras I—had a cloak in the house on the morning of the 6th of December, worth six guineas—it has been worn two months—this is it—I believe the work-box cost 14s., without the bodkins and things, which I suppose is worth 2l.—all the fittings together.
WILLIAM HIGHWAY (police-constable N 232.) On the 22nd of December I took the prisoner into custody—I did not search her—I received the daplicates of the articles from Mr. Ramshaw, a publican—I went to her lodging, but the duplicates were found before I went there.
ROBERT RAMSHAW . I am a publican, and live in Lower-road, Islington. I was at the police-office when the prisoner was brought there (by accident,) and knowing where she lodged I gave information, and went to her lodging—the landlord of the house is a friend of mine—it if No. 5, James-street, Lower-road, Islington—I knew she lodged there, but did not know which was her room—I found a box in the house, which was opened in her presence—I found in it twenty-nine duplicates, a penknife, and a needle-case.
at King's-cross. On the 6th of December, about a quarter to two o'clock, this cloak was pawned—I believe the prisoner to be the person—the duplicate I gave for it has not been found.
MISS CAMPBELL re-examined. This penknife and needle-case are mine, and were in the work-box.
GUILTY of stealing under the value of £5. Aged 23.— Transported for Seven Years.
(There were two other indictments against the prisoner.)
NEW COURT.—Thursday, January 4th, 1838.
Fifth Jury, before Mr. Common Sergeant.
CHARLES MORGAN GREEN . I am a baker, and live in Fetter-lane. The prisoner was in my employ—on the 27th of December, (yesterday week,) I had marked three bags with my name at the bottom, in the afternoon, while he was gone home—they were quite empty—I put them into the same place where I found them, which was in his flannel-jacket pocket, while he went home at dinner-time—he had lived with my father three years and five months; and with me, since Michaelmas-day—when he came in at half-past five or twenty minutes to six o'clock, I told him to go down and do his business as usual—he accordingly went back—at twenty minutes past six o'clock he came through the shop, and went out into the street—I kept my eye on him till he got sixteen or twenty yards—I then called him back—I had the officer in waiting across the road—he came over, and I said, "Take him into the room, and search him"—he found three half-quartern bags of flour; and round his neck there was a handkerchief which had some more flour in it; and in his pocket, six biscuits—that was my flour, it had been taken from the bin; and more than that, I had greased the scoop, and the flour stuck to it—here is the flour, and here are the bags.
Cross-examined by MR. PHILLIPS. Q. Are your father and you a partnership? A. No; nor ever have been—I took the concern into my own hands on Michaelmas-day last—my father has sufficient to live upon—I allow him to buy and sell for me—he asks my opinion, as I am there—it was my father that was fined 50l., and he was tried in this Court—he was two hundred miles from home at the time the matter happened—the prisoner and his son were in our employ—we have now the foreman and two hands—the son has been working there the last two or three days, since the father has been confined—the men are allowed a quartern of flour a week, and three quartern loaves each—I did not pay the prisoner his wages when I took him up—I know nothing of having got a receipt from him—I know of no book being signed by the prisoner or his son in discharge of the wages—I owed him nothing of the kind—I owe him two weeks and a half—one week was 25s., and the other 26s., and the half-week 12s. 6d.; that is 63s. 6d.—I have a brother—he has not been
in London for two years, he is at Bishop Stortford—I know of no one going from our family to the gaol to the prisoner—I have got no book signed by the prisoner or his son in discharge of his wages, that I am aware of—no book that I have got has any thing of the kind—I offered to pay his wages to his eldest son—his son has not signed any book that I am sware of—I know nothing about it—I pay the wages every week or fortnight—his son has taken ten guineas at a time for wages, as he has let them run on—I thought they were going to do the same now—they have them when they ask for them—I did not go to the prisoner's wife since he has been in custody, nor send any body—I do not know of any body going—I do not believe any body went; if they did, I never sent them—I sever heard of getting 10l., and keeping it for a day or two-—the prisoner's son's name is John Green—I remember the morning of the prisoner's examination—I did not see the prisoner's son that morning—I left him at work when I went—he has been subpoenaed here to-day—be told me so himself; and at eight o'clock he was having his breakfast to come—he told me that, and I said, "Very well, go"—he is not here, apparently—I know no reason for it—I told him to come—my father breakfasted in the house at ten minutes before eight o'clock this morning—he saw him too—I never gave any body authority to settle this business—I know a gentleman of the name of Stevens, a baker—I do not know his Christian name—I never saw him on this subject, nor uttered a word to him—that I swear—I never sent to the prisoner's house since he has been in custody—he lives on Saffron-hill—I cannot tell the number—it is the second door through the; posts—the night the prisoner was taken into custody, I fetched the wife to my house, that she might see the property found on the husband—I had found it long before—I fetched her to see the property I had found—he fell down and laid on the bottom of the room, in a fit—I got him water, and did what I could—I did not seek to get money by this.
GEORGE FLETCHER . I am an officer of St. Andrew, Holborn. I was desired by the prosecutor's father, on this occasion, to watch the prisoner coming out, as he suspected he would have some flour—I stationed myself opposite the house, and saw him come out about twenty minutes after six o'clock—I saw the prosecutor call him back, and I followed him, took him into the parlour, and searched him—I found a bag containing flour on each side of him—I said to him, "You have been carrying on a strange game, I am afraid"—he did not say any thing—I searched him, and found one bag of flour on each side of his bosom, under the braces, between the shirt—one paper bag in his left-hand coat-pocket, and 41bs. of flour tied up in a handkerchief in his hat—all this time he was in a fit—Mr. Green sent for his wife, and after an hour, I think, she arrived—he was lying on the floor during the whole of the time—I took him into custody.
Cross-examined by MR. CLARKSON. Q. When were you examined before the Magistrate A. I never was asked a question on either day—I made no deposition—I made a deposition before the Magistrate, which I signed—I do not know what you are alluding to—I have been an officer twelve months—I never made one deposition—I was not examined here yesterday—I was examined as a witness at Guildhall, on a charge of assault, then calling myself a night constable, and said I had made no deposition—the Recorder produced my depositions, signed.
COURT. Q. Do you know the meaning of the word deposition? A. I did not, but I do now.
MR. CLARKSON. Q. Did you, on this occasion, tell the truth? A. I was not asked—I was called by the side of Mr. Baker, and he filled up the indictment—that was the only time I was asked a question—the question were put at Guildhall—the statement I made was before the Aldermanthat was the result of questions put to me—I never said a syllable about finding any thing on the prisoner, or he being in a fit—I did not repeat before the Alderman a single word about any conversation—I know the prosecutor's father—I was present at a conversation between the prisoner's wife and the elder Mr. Green the night I had the prisoner in custody—it was in the parlour—the prisoner was lying on the floor—Mr. Green, sen., was the one who first employed me, and seemed to take the active partthe wife did not say that there were wages due to her husband and son amounting to 5l. 10s. 6d.—there was a book produced by the elder Mr. Green, pointing out how many things had been taken, and that he did not wish to prosecute him if he would make him compensation—young Mr. Green was in the shop, and sometimes in the parlour, while this was going on.
Q. Did not the elder Mr. Green say that the wages due to the father and son were not enough for him to settle it with? A. I remember something of that.
NOT GUILTY .
WILLIAM BEMAND . I am in the employ of George Evans, a linesdraper and mercer, at No. 150, Tottenham-court-road. The prisoner was in his service as porter—I have missed a quantity of property—on the 18th of December I missed two shawls—from circumstances, I was directed to follow the prisoner from the shop—I followed him to Camden-town—on his return, when he came to Mornington-crescent, I saw he was walking with another man—he took something from a bag, and gave him, what it was I cannot say—they went on, and then separated—the prisoner went on to Wells, the pawnbroker—I went, and saw him leaning against the counter—I sent a boy in to see what he had got—he said, "A shawl"—I took a policeman, and found one shawl in a bag, and one on the coaster—I asked the prisoner what he had got—he said, "Nothing," and then I found these things.
Cross-examined by MR. DOANE. Q. You followed him from your master's shop? A. Yes—I left at the same time—he had this bag when he left—it was about eleven o'clock in the morning—he was sent out to deliver parcels—he had other parcels packed up and addressed—there might be two or three—they were delivered at the regular houses where they were addressed—the shawls were wrapped up, and a paper round them—I know them by the pattern—the tickets were taken off the shawls in Mornington-crescent, and the tickets were taken from the man Frankham who was walking with him—shawls might be sold with the tickets on, but all parcels are entered before they are sent.
WILLIAM WILSON (police-constable S 35.) I took the prisoner at Mr. Wells's shop—I went to No. I, Baldwin-street, Old-street-road, St. Luke's, and there I found some other things—the man Frankham took me
there—I found there one cloak—I said nothing to the primer about the house.
MR. DOANE. Q. Are there others lined in the same way? A. I should say not with the same sort of silk—this is generally used at funerals, but it it very uncommon to line cloaks with such.
CHARLES BARNETT . I live with Mr. Cassel, High-street, Camden-town. I have two shawls pledged, one on the 15th of November, and one on the 22nd of November—both by females—a person, since I have been bound over, has produced the duplicate of this one shawl, and if now in Court, to say it is her property.
ARTHUR JOHN NORTH . I live with Mr. Blackmore, a pawnbroker. I produce a cloak and shawl pledged by the prisoner, in the name of James Page, of University-street—he came again, and pledged a silk scarf and shawl, which I have here.
THOMAS SHEPHARD . I am a pawnbroker. I produce a cloak, pawned by the prisoner, in the name of James Page, and another cloak, pawned by the prisoner, on the 27th of November—he said he lived at No. 4, Seymour-street.
GEORGE WHITE . I am in the shawl department at Mr. Evans's. I found these at Mr. Chapman's, one of which has our shop-mark on it (James Howard, of Baldwin-street, Old-street, gave the prisoner a good character.)
GUILTY . Aged.— Transported for Seven Years.
JAMES PIZEY pleaded GUILTY . Aged 9.
JAMES CARN . I keep a butcher's shop in Kingsgate-street, Holborn. I missed this piece of beef on the 28th of December—I saw the prisoner Joseph in Fisher-street, running as hard as he could, and James Pizey running—I laid hold of Joseph, and brought him back to the shop, and James was brought in by another person, with the beef—Joseph said he knew nothing of it.
WILLIAM PHILLIPS . I live in King-street. About eleven o'clock in the morning I was near Mr. Cam's shop, and saw the two prisoners together talking, as I thought—I saw James take the beef—the butcher was coming
out—I told him—James went down Kingsgate-street—I followed him, and took him with the beef—Joseph went down Fisher-street.
Joseph Pizey. I was not in company with the other boy, and did not speak to him—I was not in Kingsgate-street that day, till I was taken there by the butchers—I made no attempt to get away. Witness. They were together, and both started together—they were as close as possible when the beef was taken.
JOSEPH PIZEY*— GUILTY . Aged 20.
Both Transported for Seven Years.
JAMES PEARSON . I keep the Portland Arms, Portland-street, Maryle. bone. I was at dinner on the 27th of December, and received information that two men were seen to take pots from the door—I and my pot-boy went out, and fell in with the prisoner—I took him—he was taken to the office, but I did not go with him—this pot was found on him at the office—it had been on the railing at my door.
Prisoner. I did not take the pot—I found it inside a bag that a man had dropped.
Prisoner. It fell from a man running away, and I was going to the public-house to take it back. Witness. No, he was going away.
Prisoner. The pot-boy came and stopped me first—I said I was going back to the house, and in going back he gave me to the policeman.
GUILTY . Aged 23.— Confined Three Months.
HENRY NEWBERRY . I live at No. 34, Queen-street, Edgeware-road, and am in the employ of a stable-keeper. The prisoner was a helper—on the Friday night I hung my coat in the stable, and missed it on the 23rd—the prisoner went away on Saturday, and did not come for his wages on Saturday night.
JOHN DASHWOOD . I keep a shop—Hampton came to my shop with a great coat, and asked me 11s. for it—I asked who it belonged to—he said his master—I said if that was true I would buy it—he consented for me to go to his master, but I could not go—my father went with him, and they met the prisoner—they then came back, and the officer was sent for and took them.
THOMAS HAMPTON . I am a printer by trade. I was walking down Lombard-street last Saturday week, and met the prisoner—he said, "I have got a coat to sell, will you come with me?"—I said, "Yes"—as we were going along Fleet-street, he asked me to sell it for him, and he would gw me 1s.—I said I did not mind, if it was all right—he said, "It is all right, a man gave it to me who works at Everingham's livery stable"—I went to offer it, and then the prisoner was taken.
Prisoner, On Saturday at dinner time I was coming away from the stable, and at the corner of Everingham's livery stable I met a man who asked me to sell the coat, and he would give me 1s.—I was to meet him at Everingham's—about an hour after I was up stairs, having my dinner, I saw and called you and then I gave you the coat to sell—you said you could sell it in Holywell-street. Witness. You asked me to sell it.
GUILTY . Aged 19.— Confined Three Months.
THOMAS DENTON . I am a private in the 2nd Battalion of the Coldstream Guards. On the 28th of December I met the prisoner in the street, and asked him my way—I had two handkerchiefs, and I put them into my pocket—we went on to Albany-street—he there bid me good night—he then put his hand into my pocket and took the handkerchief from me—I got the silk one from him—he got from me and ran—I called to the policeman to stop him—I ran and caught him by the hand—these are my two handkerchiefs—(looking at them.)
Prisoner. I am a watch-case maker by trade—where did I take them from you? Witness. In Albany-street—I did not charge you with stealing both, because I had got one in my hand when I told the Magistrate of it, and he put them both down.
JACOB HOWELL (police-constable S 46.) I came up, the soldier had hold of the prisoner, and charged him with stealing the handkerchiefs out of his pocket—he had got one handkerchief in his Land—the prisoner did not say any thing till he got to the station, and then he called the prosecutor a false man.
Prisoner. Last Thursday night, I was going to Paddington, and heard a disturbance on the opposite side—I saw this soldier stripped and fighting—he said he would fight the best man on the ground—there was another soldier tried to persuade him to go home—he then went away, and this man got his clothes on by the persuasion of the policeman—he asked me the nearest way to the barracks—he was intoxicated.
Prisoner. The officer had to hold him at the station that he should not knock the things over—he stood against the railing, and I was wishing him good night, and he took the two handkerchiefs out and dropped one of them—I took it up and gave it him. Witness. No, he did not, he took.
Prisoner. He wanted me to go and have something to drink—I said I would not, and then he made a kick at me, and I said I would call the policeman—he said, "B—the policeman, dead or alive"—then he called the policeman himself, and the policeman had to hold him up——the next morning he was put on his oath, and he swore it was half-past twelve o'clock, and the policeman said it was half-past ten o'clock—then the Magistrate said, "Which pocket was it in?"—he said, "This," and he took out another handkerchief—then the Magistrate said, "Did he take two?"—he said, "Yes"—then says he, "You must give the officer the other"—if I had wanted to have robbed him, I could have taken his money.
GUILTY . Aged 19.— Transported for Ten Years.
JAMES WESTON . I am landlord of the White Swan, Little St. Andrei. street, Seven-dials. On Tuesday, the 27th of December, the two prisoners were in my tap-room—I could not get them out—I called for a policeman, but he dared not come in, he said, except for robbery or murder—they were too much for me—I could not get them out—I tried to get them out, and they threw my table against me, as if they were going to murder me—I called the policeman at ten o'clock at night—I sat down till four o'clock in the morning, and fell asleep—I then awoke, and saw Compton at my till—Phillips was on the other side—Compton had some coppers in his hand, and the till, and was going to put them into his pocket—I took him by the collar—he put them back, and said, "I have got no money"—my wife was in the parlour—I said, "We will search you"—we searched his right-hand pocket, and found this money—I charged him with its being my money—that money was missing from the till—we have two bowls in the till, and, as near as I can say, three minutes before, this silver was in the bowl, and one halfpenny laid on this bowl on the silver—the halfpenny was found in his pocket—all this time Phillips was on the other side, and he kept on telling Compton to cut my b—y head off, and beat out my brains—Compton was inside the bar, and Phillips on the other side—he could see all that was done by Compton—he said, "You have three halfpence of Compton's money, give it him back, or I will pull you up and make you sorry"—I told him to behave himself, or I would call a policeman—I was going to call a policeman, and he clung round my neck, and held his hand over my mouth as I got along—our door was closed—he got his head against the door—I got the door open as well as I cook—he put his hand on my mouth, and Compton ran out of the house—a policeman met him and brought him back—I had found the money, and gave it to my wife—the policeman took them to the station, and the money was left there.
Cross-examined by MR. PRENDERGAST. Q. How long have you been in this public-house? A. About five months—I have a licence to the house—it is not in my name—I took the house of my brother-in-law—the licence is not transferred—my brother-in-law took it out for me, as I came from the country—at present the licence is in his name, and his name is over the door—my brother-in-law is not here—it is my house—these men came in about four o'clock on Tuesday, as near as I can tall—it was boxing-day, and I could not get them out till three or four o'clock the next morning—there was such a number of them, and they seemed to be in company with these men, but the others left in the afternoon—at eleven o'clock there were three men and one lad, and two females—I would not draw any beer for them—they sat down for two three hours, but at last, in the morning, my mistress said she was fatigued, and
they said they would go out if she would draw them a little ale—she drew them one pot, I think, and then they sat down—my wife was poorly—she was near her confinement—she was sober—I had not been drinking with the company the greater part of the day—the policeman came in directly I alarmed him—I have seen Compton in our house twice before, and Phillips several times—I do not know where they live—I was sober—I have never been tipsy—I laid hold of some of the party to get them out, but not these men.
Cross-examined. Q. How near was Compton to the place? A. Not more than thirty yards—I went to the house first—he might have got five or six yards further, but not more—I asked where he was—the wife said, "Gone out"—I ran and saw him in the door-way—I did not see him running—it was only a moment from the time I got to the door that I pursued him—he did not make the least resistance in going—I asked Compton if hit name was Jack—he said, "Yet"—I said, "You must go back with me"—he did, and then he went back,—I said, "Is this the man?"—they said "Yes," and he said nothing—he appeared to have been drinking, but was not intoxicated—the other had been drinking—the publican was quite sober.
COURT. Q. Do you receive orders not to go into houses? A. About ten o'clock at night the publican came and said there was a fight—I went to the door, and they were all quiet—I named it to the sergeant, and he said, "You have no call to go in"—the prisoner did not come to me to turn anybody out—he said they had been fighting, and pushed down part of a partition—I said, "Do you wish to give anybody in charge?"—he said, "No, if they make a noise again I will make them sorry for it."
(The prisoner Compton received a good character.)
COMPTON— GUILTY . Aged 45.
PHILLIPS— GUILTY . Aged 50.
Confined Six Months.
JOHN SQUIRE . I am journeyman to John Richard Cook, living in Beauford-terrace. He has a summer-house at the bottom of his garden—he had a mirror there, and on the 14th of December I missed it—this is it—(looking at it)—the summer-house was not locked up—it is within the curtilage of the house—the persons must have got over the wall.
AMBROSE CHANNER (police-constable S 137.) On the 14th of December, at a quarter to eight o'clock at night I was at the Pine Apple-gate, and met three lads going down the road towards Kilburn—I knew them by sight—we prisoners were two of them—I turned back and watched them—they turned up Abercorn-place to the fields, at Kilburn—I lost sight of them for one or two minutes, and saw something black against the wall—I went and saw the prisoner Alexander against the wall, and Clarke was inside, lifting the glass over the wall to him—I saw another person in the summer-house—I got over and took Clarke—the other ran away—Alexander was afterwards taken.
Clarke. The wall was not low enough to get over—I was there, but what the policeman says is false—I did not have it in my hand. witness Yes, you had it.
Clarke. I know nothing of this boy at all.
CLARKE*— GUILTY . Aged 14.— Transported for Seven Yean.
ALEXANDER— GUILTY . Aged 14.—
See page 301.
JAMES TEALE LINGHAM . I am a clerk. About half-past four o'clock, on the 26th of December, I was walking in Cranbourne-street—I had a handkerchief in my pocket—I felt a person behind me—I turned and saw my handkerchief in the prisoner's hand—he dropped it—I collared him and gave him into custody.
Prisoner. There were two men pushed me against him, and I was saucy to him—he kicked me, and said I wanted to pick his pocket. Witness. I did not—he fell down, and I fell over him—I did not kict him.
GUILTY . Aged 15.— Confined Three Months.
SARAH HOSIER . I am the wife of John Hosier, and live in Norfolk-buildings, Islington. I was in the Northampton Arms, at Islington, and in going out I saw the prisoner with something under her shawl—I went and told the person of the house—I came out and saw her again—I aw one pint pot found under her shawl, and one drop from some part of her clothes.
Prisoner. On the evening of the 26th of December I was at the bow. and went outside the door—I saw a man drinking, he said, "Will you have a drink of ale?" I took the drink—a waiter came and said, "What have you got there?"—he took me, and I went in with him—I only saw the female witness in the parlour, nor did I hear any woman speak to me till I was being conveyed to the station-house, and then she said that I had had a glass of ale of hers in the parlour—I have been left for together without support.
(The prisoner received a good character.)
GUILTY . Aged 41.— Confined Three Months.
common—I missed her on the 16th—I saw her again' on the 18th at Edmonton, in the hands of the policeman Warren.
JOHN WARREN . I am an Edmonton policeman, I was on duty at Winchmore-hill on the 16th of December, and about four o'clock in the morning I saw two men driving a mare poney along in Hoppers-lane—one was leading and the other driving—the prisoner was one of them—I took the mare and Thomas Norton, but could not take them both—I showed the same mare to the prosecutor—I am sure the prisoner William Norton was one of the men—he said he was going to drive it to the pound, but he was driving it the contrary way—Thomas Norton was committed on the Monday under the vagrant act by the Magistrate, and this man was apprehended afterwards.
Prisoner. I was not there—he never took me with the poney at all—I was in London. Witness. Yet, he was, he walked with me for a quarter of an hour, and then ran away.
GUILTY . Aged 25.— Transported for Fifteen Years.
Printer. Q. Was there any thing else you missed? A. No—your husband is still in the apartment.
COURT. Q. Was the husband at hornet A. He came in while I was in the room—he used to go out to his work, and come in to his meals.
Prisoner. My husband being out of employment so much, I pledged the blankets, which I had done before, but could not get them out so soon as I could wish—I should have done so the following Saturday—on Wednesday she came and asked if I had pawned them—I and I had, but would get them out—I had no intention of leaving the room, and half the things there are my own—I owed them nothing.
GUILTY.* Aged 44.—Recommended to mercy by the Jury.
Confined Two Months.
removed from there—he is a tailor. About twelve o'clock on the 14th of December, I was going down Artillery-lane with three pairs of trowsers—I was going to turn the corner of Artillery-street, when the prisoner came and snatched them from me, and ran away—I am quite sure he is the person—I cried out, "Stop thief," and ran after him—Mr. Hutchins caught him—these are the trowsers.
THOMAS HUTCHINS . I live in Artillery-lane, and am an umbrella-maker. I heard the alarm, and came to the corner of Gun-street, and some person laid hold of the prisoner—he was making a desperate resistance—the trowsers were in the street at his feet.
Prisoner. I hope you will have mercy on me—I was in a state of starvation—I asked a baker, a few minutes before, to give me a bit of bread, and he told me to go and thieve for it.
GUILTY . Aged 16.— Confined Six Months.
WALTER MONTRION . I live at No. 69, Green-street, Grosvenor-square. In consequence of some information, I thought it necessary, on the 23rd of December, to look into my pocket, and my handkerchief was gone—it was produced to me by the policeman—this is mine—(looking at one)—I do not know how long before I had had it.
CHARLES THRESHER (police-constable L 150.) I was on duty in Ok Palace-yard, the day the Queen went to the House of Lords—I observed the two prisoners, and watched them—I saw them together for ten minutes, and saw Griffin with his hands behind him, working his fingers, and when there was a crush came, I saw him bring his hands in front, and I tool him with this handkerchief in his hand—I cannot say that Davey was with him when he did that, I had lost sight of him—I had seen him with him about two or three minutes before.
JAMBS BROOK (police-constable L 118.) I saw the prisoners together, and followed them both down from the corner of Parliament-street—I saw the prisoner Davey take the handkerchief from Mr. Montrion's pocket and give it to the other prisoner.
Cross-examined by MR. DOANE. Q. Were you in company with Thresher? A. Yes—I saw this done in Old Palace-yard—I called Thresher from Parliament-street, as I suspected the two prisoners—he came when I called him—he was by the side of me when Davey took the handkerchief—he had not the same opportunity of seeing the parties as I had, because he was in front of me—I was looking over another man's shoulder—he was nearer to Griffin than I was—the prisoners were close together, and both close to me—I have not made a mistake, that I am aware of—I have been a policeman eight years next May—it was done momentarily, and we took them directly.
(Both the prisoners received a good character.)
DAVEY— GUILTY . Aged 21.
GRIFFIN— GUILTY . Aged 19.
Recommended to mercy by the Jury.— Confined Six Months.
GUILTY .— Confined One Month.
405. JAMES JOYCE was indicted for stealing, on the 1st of January, 4 trusses of hay, value 10s., the goods of Hugh Macintosh, his master; and FRANCIS NORRIS for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
MR. CLARKSON conducted the Prosecution.
JOHN MILLER . I keep the sign of the Feathers, at Old Brentford. I have known the prisoner Norris well for many years—we call him a jobber—he clips and trims horses, and does any job in the stable—he will groom—I believe he is not in any regular employ—he is a native of Ealing—I cannot tell where he lodges—on Monday, the 1st of January, he was looking about for me, and found me in the kitchen—he said, "Master, I have got a couple of right ones for you"—signifying good trusses of hay—I said, "Frank, I don't want any just now"—he said, "Master, I should like you to have them, come, look at them"—I went to the front door—there was a cart standing there with a little poney—I knew the cart and poney well—the hay was at the bottom of the cart—there was nothing else, to my knowledge—there were two trusses—it was trussed—I said, "Frank, it is too coarse for my horses, I want meadow hay; softer"—on his saying, "Master, I should like you to have these two, the last I have got," I said, "Well, put them in at 2s. 6d. apiece"—I do not recollect that he asked any price, but I told him I did not want it—I buy hay of jobbing-carts that go to London—I can get it at 2s. 6d. a truss—my loft will not hold a load of hay—I know John Matthews, the cooper—the horse and cart were his—he lives in New Brentford, nearly opposite the church.
Cross-examined by MR. DOANS. Q. You knew this poney and cart? A. I have seen it a great many times—I know the prisoner, because he has done many little jobs for me in the stable—there was nothing remarkable in the hay being at the bottom, when there was nothing else—it was in the middle of the day, between eleven and twelve o'clock.
MR. CLARKSON. Q. How far is your public-house from Mr. Macintosh's, at Ealing? A. Two miles and a half—the trusses were both delivered up, and one of them is here.
JOHN M'INNIS . I am superintendent of the works of Mr. Hugh Macintosh; he has a stable at Ealing, where his horses are. I know Mr. Darvell—Mr. Macintosh purchased clover hay of him—I have examined the trusses that are here and the hay at Mr. Macintosh's—in my judgment they are one and the same quality of hay—Mr. Macintosh has lost a great quantity of hay—Joyce was his horse keeper—he would have the charge of the hay—his wages were a guinea a week—he lived near the stable—he had no horses of his own, to my knowledge—Norris never gave me any account of this transaction, but in my presence before the Magistrate—it was not taken down in writing—I believe it was in the Magistrates' room, during the examination, he said that the hay was given to him by Jem
Cross-examined. Q. You are not a farmer? A. No, but I profess to know a little about these things—I am a Scotchman—we grow some of the same in Scotland—I dare say there is a great deal of this quality about—I believe this is of the same quality as that we have for the horses.
MR. CLARKSON. Q. Did you purchase the hay for the Western railroad? A. Yes—I believe this is of the same description of growth as that in Mr. Macintosh's stables.
JOHN DARVELL . I am a hay buyer. I have sold Mr. Macintosh clover hay—it is 5s. 10s. per load—it was good clover hay—I delivered it last Friday at the Ealing stables, to the horse keeper, Joyce—I did not sell any to Joyce—there were no wet trusses in that—there was the week brfore, and Joyce threw them out and told me to take them to Mr. Macintosh's other stables, to be put into the rack—I have seen the trusses in Court, and have looked at the hay in the stable—I have not the least doubt but that they are the same sort of hay.
Cross-examined. Q. Did not Joyce object to some of your hay? I Yes, the week before—it was very good when I brought it, but it got mouldy because it was wet—he did not say that when his master saw it then would be words about it—he directed me to take it to the other stable to cut it—I did not object to take it back—I did not give as a reason that I was going to London—nothing of that kind passed—I was going to London when I took it up there—it was taken to Mr. Macintosh's other stable—I did not say, that as it was so faulty and would not do for his master, that he was to sell it, and account to me for the difference—nothing of the kind passed—the name of Taylor was not mentioned—there new was a word mentioned about selling it—I had about twenty trusses of this kind in the rick—I first saw the hay at the office at Brentford—that was where I was asked to identify it—I did not see it at Miller's.
MR. CLARKSON. Q. Was this hay wet or mildewed? A. Not at all—I never agreed that he should sell any hay.
HENRY GILES (police-constable F 72.) I took Norris into custody—I had seen him before—I know the Castle—the stable is behind there—I have seen Joyce a great many times—I saw the prisoners drinking together on Monday.
JOHN PASCOE (police-constable T 19.) It was my duty to take the two prisoners from the office to the prison—in coming along, Joyce, in the presence of Norris, (without my saying any thing to him,) touched me on the shoulder, and asked me to make it as well as I could for him, to go to Mr. M'Innis and ask him to forgive him, as he had never done it before, and would not again.
JOYCE— GUILTY. Aged 51.—Recommended to mercy by the Jury.
Confined Two Years.
NORRIS— NOT GUILTY .
Sixth Jury, before Mr. Sergeant Arabin.
a box book-keeper at the Queen's Theatre. The prisoner was in the theatre last Friday evening—I asked him if he would take a letter for me—he said he would if I wrote it immediately—I did so, and enclosed 2s. 6d. in it—he was to take it to my house, No. 27, South Moulton-street—it was addressed to my wife—he never went there—I saw him the next evening, and taxed him with it—he said he could not wait to talk with me then, he had a friend waiting for him—I said I should wish him to come back with me, and after some time he did, and I gave him into custody of the constable—he said he had lost the note—I had seen him about the theatre for two months.
ALEXANDER KERE BEECH . I am an officer. I took the prisoner into custody, and said I was sorry to find he had acted to foolishly—he said he was very sorry for it, it was a bad job—that he had taken the money out and spent it, and burnt the letter.
Prisoner. You told me it would be a mitigation of punishment. Witness. I never said so—I desired him to say nothing that would criminate himself.
(The prisoner received a good character.)
GUILTY. Aged 18.—Recommended to mercy by the Prosecutor and Jury.
Confined Six Days.
407. JOHN WILLIAM WHEELER was indicted for stealing, on the 23rd of December, I pair of trowsers, value 18s.; and 2 handkerchiefs, value 2s.; the goods of Thomas Reece, his master: I coat, value 50s.; and I pair of trowsers, value 10s.; the goods of John Hamer: 2 coats, value 30s.; 2 waistcoats, value 10s.; I pair of trowsers, value 10s.; and 2 stocks, value 2s.; the goods of Charles Smithson.
SARAH REECE . I am the wife of Thomas Reece; we live in Duke-street, Lincoln's Inn-fields. I keep a lodging-house—the prisoner lodged in the front room first floor—I know Charles Smithson—he has worked for my husband nearly twelve months—Mr. Hamer lodged with me—he is another person who worked there—I missed the articles stated.
JOHN HAMER . I lodge in Mr. Reece's house. I lost a coat and a pair of trowsers on the 23rd of December, about five o'clock—the prisoner slept in the same room with me, and the property was taken from that room—he got up between four and five o'clock in the morning—he could not undo the door—he came and called me, and said he was very poorly, and wanted to go down—he went down part of the way, and came back, took the handle, and then went off—I afterwards missed the property—I have since seen it.
CHARLES SMITHSON . I lodge in this house, and slept in the same room with Hamer—the prisoner called us in the morning—he went down, came back, and took something, and went away—I lost my property, which was safe the night before—after he left the house, we saw him running with a bundle—we did not see him leave the house.
Prisoner. Q. Did not I come back again? A. Not that I know of.
FREDERICK HENRY HERRING . I am a clothes-salesman, and live in Postern-row, Tower-hill. I did not know the prisoner before Friday evening, and dealt with him on the Saturday morning, the 23rd of December—I bought of him these two coats for 9s.—it was not more than the value of them, what they were worth to me in my business.
JOHN SYRETT . I was on duty on the 23rd of December—about eight o'clock in the morning two of the witnesses came up to me, and the prisoner with them—they gave him into my charge for robbing them—I passed him to the watch-house, and then to the Compter—at eleven o'clock I brought him before the Lord Mayor, and his lordship referred the case to Bow-street—a coat belonging to one of the prosecutors was on the pri. soner, and the trowsers were in the bundle he had with him, with these waistcoats and other things.
Prisoner. Q. Where did you find the trowsers? A. In the bundle—you had the bundle in your hand.
(Property produced, and sworn to.)
GUILTY . Aged 19.— Transported for Seven Years.
408. MARY VIZARD was indicted for stealing, on the 1st of January, 3 shirts, value 4s.; I flannel shirt, value 1s. 6d.; 2 caps, value 2s.; and I habit-shirt, value 6d.; the goods of Stephen Collis; and that she had been before convicted of felony.
LOUISA HASSALL. I live in Upper Cleveland-street, near the New-road. About three, or a quarter past three o'clock, on the 1st of January, I was coming down stairs, and saw a person coming up oat of the kitchen—it was the prisoner—I saw she held something behind her—she saw me, and turned back a step or two, and put it out of her hand—it was wet linen—I stopped her, and held her till I called for some one from the other part of the house, and she was detained—I went down and saw it was all these articles—they were wet—I had seen them hanging to dry half an hour before that—it was all in a bundle, rolled up—I called the officer, and gave her in charge.
ELIZABETH CROSBIE . I reside with my father in Upper' Cleveland-street, and work with my needle. I know these things were hanging up down stairs about five minutes before the prisoner was taken—I had been down for a pitcher of water, and saw them safe—I do not know the prisoner.
Prisoner's Defence. I left my baby with a stranger, while I went to George-street, Hampstead-road, where I was promised employment, for my husband is lying at home ill; in going there to know what day I should come, I was taken ill in the street, and went in there, as I saw the door open—I went into the back yard—I returned, and was coming up the stairs, and this witness came down the stairs; she went down and turned back, and said what was I doing in the house—I said I had been into the yard—with that she said there had been many things lost in the house—she stopped me, and told the people I was in the house—she went down and Drought these things up, and said that I had them—that is all I know.
THOMAS RESTALL (police-constable E 151.) I have a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—(read)—the prisoner is the person who was then tried and convicted—I was a witness here.
GUILTY . Aged 30.— Transported for Fourteen Years.
NOT GUILTY .
JOHN PAVEY SHERRY . The prisoner was my errand-boy, and had been to fire weeks—when he went home with a pair of shoes which I had sold, he never returned, and the following morning we heard that he was at the station-house—I went there, and found he had been taken up on suspicion of having a pair of shoes, but had been set at liberty—I went and found him at his mother's house—I did not miss the property from the shop—he was sent with them.
CLEMENT CATLIN . I am an officer. On the 18th of December I was going to Worship-street, and Mr. Smith, the pawnbroker, said that the prisoner had offered a pair of shoes in pawn, and he stopped him with them—I took the shoes and prisoner to the station-house—the prisoner told me that his mother had sent him out to pawn them—I went to his mother, and found her story corresponded with his—he was discharged, and then the prosecutor came—I said he was discharged, and then I went with him to the prisoner, and asked what he had done with the shoes—he said he had pawned them the night before, and had spent the money—I took him to the pawnbroker's, and found the shoes, which I can swear were the same I saw at the pawnbroker's the evening before.
JOHN CHUBB . I have shoes that were pawned by a lad, about the size of the prisoner, on the 18th of December—I do not like to swear to the person—it was about his size—if I were compelled to swear I should say it was not this lad—I would not swear it—if I say one way or another you would think I was doing wrong—I do not recollect the youth I took them in of—it is impossible, in the multitude of pledges we take in, to recollect for three weeks together—I was examined before the Magistrate—the youth I took them in of was in size and stature very much like the prisoner.
GUILTY . Aged 17.— Transported for Seven Years.
(There was another indictment against the prisoner.)
STEPHEN COULSON . I live in Park-Crescent, and am under-bailiff to James Llewellyn, Esq. On the day stated I was looking out of the dining-room window, and saw the prisoner, who was a stranger, take away a pot belonging to the prosecutor, from our area—he went away with it in a little basket—I went, stopped him, and asked him where he was going to take it—he said to take it home—I said he had better go with me to Mr. Cordeux—he did not know him, and gave him in charge.
GUILTY .* Aged 18.— Transported for Seven Years.
HARRIET SMITH . I live in John-street, Tottenham-court-road—my husband's name is William. The prisoner lived in the next room—this waistcoat is my husband's, and was in a blue box behind my room door on the second floor—I missed it on Sunday evening, the 31st of December when my husband went to put it on—I vent and knocked at the prisoner's room door, and she was not within—we went out, and came home about ten o'clock; and I said, "Is Mrs. Hoddy within?"—she said, "Yes"—my husband said, "Where is my waistcoat?"—she said, "I solemnly declare I have not had it, nor seen it; what can I say of a thing I have not heard of or seen?"
Prisoner. The prosecutrix said if I would tell where it was she would not do any thing to me. Witness. I said if you would own it before you were in custody I would not take you.
GUILTY . Aged 53.— Confined Six Weeks.
WELHELM HARTMAN . At a quarter to eleven o'clock on the lst of January I was at St. James's Palace, listening to the band—I felt my pocket touched, turned round, and saw the prisoner with my handkerchief in his hand—he wanted to give it to another man, but the man did not like it, and he dropped it on the ground—he was secured, and taken into custody—this is my handkerchief—(looking at it.)
Prisoner. There were two men standing by the side of me—it was not me that did it.
GUILTY . Aged 22.— Confined Six Months.
JOHN HATWARD . I am a carver and gilder. The prisoner was my apprentice, and had been so since the 17th of March—on the 27th of December I told him to warm some glue, instead of which he went into the front room, but I did not see him—in about twenty minutes I missed him—in about an hour and a half after I missed a book containing thirty-seven prints and the drawings—I made inquiries, and on Saturday found him in Ratcliff-highway—I went to him, and said, "You are a sad boy, what have you done with the prints?"—he made no answer—I saw a portion of them sticking out of his trowsers—he was taken to the station-house, and these were found—there are six of them missing.
GUILTY . Aged 16.— Confined Six Months.
LYDIA COOPER . I am the wife of Thomas Henry Cooper, of King's Arms-place. Commercial-road—he is a clothes salesman. On the 6th of December I lost a pair of trowsers, in the early part of the evening—they were pinned on a line at the door—I made inquiries, and found them at a pawnbroker's—these are the trowsers that were lost—(looking at them)—they are my husband's—I know nothing of the prisoner.
Prisoner. I am very sorry, but coming from my work at the time, I saw a boy of the name of Clarke who asked me to pawn them—I did so, but did not know he had stolen them—I have good friends, but they are not here—I live with my mother.
GUILTY . Aged 13.— Confined One Month.
JOHN SHOWLER . I am a policeman. I was on duty yesterday, about half-past six o'clock in the morning, in Seymour-street, Bryanstone-square—I saw a wagon at a coffee-shop, and a cart alongside, and the prisoner in the cart—I saw the cart drive about four or five rods from the wagon—the book-keeper called out, "Stop him"—I went towards the cart, and the prisoner was then driving—I took the prisoner and the cart—in the cart was this package, which the wagoner owned.
THOMAS WHITNALL . I torn in the service of John Robins and Mr. Mills, they are wharfingers at Paddington and at London Wall. I had the care of this wagon—I brought the property from No. 5, Wharf, Paddington, and was to take it to different parts of the City—this calico was to go to Wood-street—I stopped to get my breakfast—I went in first, and then the wagoner went in, and I was outside—I saw the cart come—the prisoner took the bale out of the wagon, and put it into the cart—he was then going on—I followed him, got in and stopped him—I called the policeman—it weighed 2cwt. and 20lbs.
RICHARD WEBB . I am a carman. I lent the cart to the prisoner on Tuesday night—he had it at half-past four o'clock, and then he returned it at half-past five o'clock, and asked me to let him have a cart the first thing the next morning, which I did—that was this cart.
GUILTY . Aged 28.— Transported for Seven Years.
THOMAS FOY . I came to town on Saturday, from Hampshire, and was robbed on Sunday night, the 31st of December—I worked on the railroad—I had three sovereigns and one half—I put the money into a bit of paper in my right-hand pocket—I came out of a public-house in Brook-street at six or seven o'clock—I was sober, and met this girl at the door as I was coming out—"How far do you go?" said she—I said, "Home"—"Will you walk with me, my dear?" said she—I said, "I do not mind that"—we came down a street, and I went down a court—I put my hand on her shoulders, and she put her hand into my pocket, and stooped down and ran
away—I tried to take hold of her, and could not—I cried out, and the constable came to me—I told him—he took her and brought her to me on Tuesday morning—I am sure she is the woman—I lost three sovereigns and a half—I had been working on the railroad, from Stoney Stratford to Hampshire.
Prisoner. I never saw the man till Tuesday morning. Witness. I will swear she is the woman.
JAMES HENRY ANDREWS (police constable K 104.) I heard of the robbery, and took the prisoner, from the prosecutor's description, in Twine-court—I had known her before—the money was not found—I took her on the Tuesday—I could have taken her on the Monday, but they were all drunk together.
Prisoner. He took us on the Monday, and then let us go, and on Tuesday he took me again.
GUILTY .† Aged 26.— Transported for Fifteen Years.
418. MARY ANNE HEDGE was indicted for stealing, on the 26th of December, 5 yards of fur, value 2l. 3s.; and 1 1/2; yard of fringe, value 9s; the goods of Mary Elizabeth Redman and another, her mistresses.
MARY ELIZABETH REDMAN . I am a dress-maker, and have one partner, who is my sister. I work for Messrs. Holmes, in Regent-street—the prisoner was employed to work for me—she came to my place in George-street, Portman-square to work—she assisted us in Mr. Holmes's work, which is different from our business—we missed a length of sable on the 26th of December, that was Mr. Holmes's—her lodgings were searched about three days ago, and in the bottom drawer of a chest of drawers in her bed-room I found a piece of the length of sable, but not the whole of it—this is a small piece of the length we missed, and these other pieces of fur, which are worth about 2l. 3s., and this is chenille fringe with which we border the velvet shawls—I have known her about five weeks—since she worked for us—she was not present when these were found.
SUSANNAH WEBLEY . I work for Miss Redman, and live in the sane house with the prisoner. My apartments were searched, but nothing found—I was present when this property was found in the prisoner's apartment—I worked there about a week before Miss Hedge went there—I have known the prisoner since the 25th of October—she always bore an excellent character, and her friends are very respectable.
Prisoner. I hope you will have mercy on me—I always bore an excellent character before—I have been servant in gentlemen's families.
(The prisoner received a good character.)
GUILTY. Aged 24.—Recommended to mercy by the Jury and Prosecutrix.— Confined Four Days.
419. JAMES DUTTON was indicted for stealing, on the 28th of December, I cloak, value 15s.; 3/4 of a yard of calico, value 4d.; 2lbs. weight of pudding, value 2s.; 11b. weight of beef, value 9d.; 3 shillings, and I sixpence; the goods and monies of Ann Slatter, to which he pleaded
GUILTY . Aged 21.— Confined One Month.
OLD COURT.—Friday, January 5th, 1838.
First Jury, before Mr. Sergeant Arabin.
420. JOHN JONES was indicted for burglariously breaking and entering the dwelling-house of Isaac Gillatt, on the 27th of December, about the hour of two in the night, at St. James, Westminster, with intent to steal, and stealing therein, 4 salt-cellars, value 30s.; 38 spoons, value 9l. 10s.; 4 ladles, value 2s.; the tops of 3 castors, value 3s.; I pair of sugar tongs, value 4s.; 2 pot stands, value 4s.; I pair of bracelets, value 3s.; 21 knives, value 30s.; 13 forks, value 10s.; I steel, value 2s.; I table-cloth, value 3s.; I pair of boots, value 3s.; 2 sixpences, 21 pence, 131 halfpence, and 266 farthings, his goods and monies; to which he pleaded
GUILTY . Aged 18.— Transported for Ten years.
JOHN MOORE . I am a butcher, and live in Marchmont-street, Burton-crescent. On the 25th of November I was at Newgate-market—I bought a side of veal at Pocklington's, down the lane, in the market—my cart was in Warwick-square—I did not see the veal in the cart myself, but it was lost soon after, and found at a beer-shop—I can identify it, because it is a very peculiar side—it is very white, and has a sweet-bread on it—it is a peculiar colour—when I found it it was cut up, but the whole side was there except a small part of the breast—I found it within an hour and a quarter—I swear positively that it is mine.
RICHARD EDWARDS . I am servant to the last witness. I was in Newgate-market, and received a side of veal from the shop where roaster bought it—I placed it in master's cart in Warwick-square—I left the cart shortly afterwards to fetch more meat from the market, and missed the veal on returning—I saw the prisoner in the market before it happened—I went to a beer-shop an hour afterwards and found the veal—According to my judgment it is the same—it had been cut then.
CHARLES JAMES OWEN . I was in Newgate-market I had the care of Mr. Moore's cart in Warwick-square, when the veal was put there-—I left the cart a short time to go backwards and forwards—the prisoner came and spoke to me, and asked me which was Mr. Moore's cart—I pointed it out to him, and he afterwards asked me where Mr. Moore's man was—I said I expected him down directly, and if he waited a little while he might see him—I thought he wanted to see him, but while I was going backwards and forwards I missed him all at once, and then the veal was missed.
Prisoner. Q. Did you see me take it out of the cart? A. No.
JOHN NORTH . I am a pork-butcher. On the morning of the 25th of November, between seven and eight o'clock, I saw the prisoner in Newgate-market, and afterwards saw him with a side of veal on his shoulder—he appeared to bring it out of Warwick-square.
Prisoner. Q. Did you see me come out of the square? A. No.
the veal there in the parlour, cut up—the bone I produce is part of it—I did not find the prisoner there.
ELIZABETH EVANS . I keep the beer-shop. The prisoner lodged at my house—he came there the latter end of July—on the 25th of November the officer came and found the veal in my parlour—I do not know who put it there—it was not there with my knowledge—I never saw the prisoner afterwards—he left the lodging without giving notice.
Prisoner's Defence. I am a butcher—I was down at Newgate-maket, between seven and eight o'clock, and met a man named Moss with some beef, and this veal on his shoulder—he said "Will you carry this side of veal to my cart?" I said, "Yes," and took it to put into his cart—I do not know who I met in the lane—he gave me twopence to get a glass of ale, and I went and had a glass of ale with him.
GUILTY .— Transported for Seven Years.
THOMAS BRITTEN . I am a wine-merchant. The prisoner is my cellarman, and has been so above seven years—about three weeks ago I missed three gallons of wine—I do not know how it went—the prisoner always had a jacket when he came to work, and very frequently left it on the premises—I had the curiosity to look into the jacket in consequence of suspicion—I lifted up his jacket one day by chance, in the warehouse, and saw a tin bottle in it, with the top out—it was empty—it would hold nearly a bottle—I smelt it, and it had decidedly contained wine—I watched occasionally every day, and on the 1st of January I looked at the jacket as usual, when he went to dinner, and found the tin in his pocket full of wine, drawn from a particular cask in my stock—I took my brother to see it, and then called in an officer, and showed it to him—when the prisoner returned from dinner, I had him called into the counting-house, and told him I suspected he had been robbing me—he said he never had—I said, "You have something in your pocket which belongs to me"—he said he had not, and turned out all his pockets, and said it was all he had got—the officer searched him, and found this tin flask of wine, put into a secret pocket, below the one I had found it in—he then said it was wine given to him—I asked him from whom—he said, "A person not far off"—I said, "Who?"—he said, "At St. Helen's"—I asked the name—he refused to tell, and said nothing should induce him to give up the name—I gave him in charge, and in his pocket we found an account of wine sold, amounting to between four and five dozen, and some spirits—I am convinced the wine was mine—it was very fine sherry.
Cross-examined by MR. CLAHKSON. Q. Is he a married man? A. He is—I had had bricklayers in my house, but they had gone when I missed the wine—the prisoner has conducted himself very well during the seven years he was with me—it is very likely I should not have prosecuted him, if he had not told me a lie, and said the wine had been given him—he was my head cellar-man—I placed great confidence in him—I have no partner.
Cross-examined. Q. I believe the Magistrate desired you to inquire if you could find any thing against the man? A. He did, and I could find nothing.
GUILTY. Aged 62.—Recommended to mercy by the Prosecutor.
Confined Six Months.
Before Mr. Baron Alderson.
423. JOSEPH HOWARD 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 Hank of England, and called a Bank-note, well-knowing the same to be forged.—2nd COUNT, stating his intent to be to defraud William Eales.
MESSRS. MAULE, ADOLPHUS, and BULLOCK conducted the Prosecution.
WILLIAM EALES . I keep the Paradise Tavern, in Paradise-street, Rotherhithe. The prisoner came to my house one day—I do not recollect the day—I believe it was the latter end of October, or beginning of November—he came and asked for a pint of gin—I asked if he had a bottle to put it in—he said, "No, you must lend me one"—I put up the gin in a bottle for him, and he tendered me a £ note—be had it in his hand, and laid it down for me, and asked me to change it—I asked him who it was for—he said, "For Mr. Jackson"—knowing there were many Mr. Jacksons, I asked him what Mr. Jackson—he said, "For Dr. Jackson just above here"—there is a surgeon and apothecary there—I held the note to the light, and saw there was a water-mark in the paper—he thought I was rather scrupulous about it, and said, "You need not be afraid, it is all right, it is for Dr. Jackson"—I then gave him four sovereigns, and silver,. and halfpence—the gin came to 1s. 4d.—I do not know whether I gave him half a sovereign—he went away, and I saw no more of him—I marked the note "Jackson," and put it away—I put the name on the note while the prisoner was there, while my wife went up stairs for the change—this is the note—(looking at one)—I saw the prisoner in custody four or five weeks after—I never saw him again till then—I am sure he is the man—I have not the slightest doubt of it.
Cross-examined by MR. PRENDERGAST. Q. How long was he with you? A. I suppose four or five minutes, not more—it was more than two or three minutes, because my wife had to go up for change—I had never seen him before.
Q. Is there not another Mr. Jackson besides the one you speak of? A. Not in the neighbourhood—there is no other a little way off, that I know of—he told me Dr. Jackson was a customer of mine, which was the case.
MR. ADOLPHUS. Q. Did he say "Dr. Jackson here above?" A. Yes, and pointed to where he lived.
COURT. Q. What time was it? A. Between seven and eight o'clock in the evening—I had the gas lighted—he had a hat on—he was close to me—he leant on the bar while I was waiting for the change.
JOHN JACKSON . I am a medical-man, and live at No. 66, Paradise-street, Rotherhithe, which is about 100 yards from Mr. Bales, in the same street. I know Mr. Eales—I do not know the prisoner—I never saw him,
to my knowledge, till he was in custody—I did not at any time send him to Mr. Eales for change, nor for gin.
Cross-examined. Q. Is there not another gentleman of your profession and name? A. Not in our neighbourhood—not within a mile—there is one in Bermondsey—he resides more than a mile from Mr. Eales's home.
ELIZABETH BARRETT . I am the wife of William Barrett, who keeps the Green Man, in Featherstone-street, City-road. I remember the prisoner coming to our house on the 29th of October, in the middle of the day;—I should think it was about a quarter to two o'clock in the afternoon—he asked me for a pint of gin for Mr. Watson, No. 7, over the way, and the loan of a pot to put it in—Mr. Watson lives at No. 7, James-street, over the way, and is occasionally a customer—we lent him the pot, gave him the gin, and he tendered this £5 note in payment—he laid it down on the counter, and I said, "Oh, dear me, have not you any thing smaller than this?"—the gin came to 1s. 4d.—he said it was for Mr. Watson over the way—I gave him the change then without hesitation—I put the note immediately into a small canvas bag, and put the bag into a drawer in my counter—there was no other note in the bag—next morning when I found I could not get my pot back, it aroused my thoughts, and I took the note out of the bag—I had not marked it—I sent to Mr. Watson's for the pot three different times, but did not get-it—my husband then went over and came back without it—while he was gone I looked at the note, and thought it looked thick paper—I went up stairs and compared it with another, and in the meantime my husband came home, and Mr. Watson with him—they each examined the note—it was marked then, and it had a mark when I took it—there is "Williamson" written on it, and that was on it when I took it—when my husband looked at it, he did not mark it again—we sent it to a neighbour to ask what he thought of it—it was brought back by the maid-servant, who took it—my husband then took it to the Bank, and left it there—this is the note—(looking at one)—I examined it carefully.
COURT. Q. How do you know it? A. By the name—I know the writing, Williamson, on it, and the figures—I observed the word Williamson on it while the prisoner was at the bar, before I put it into the bag.
Cross-examined. Q. Are you quite confident that this was on the 29th of October? A. Quite—I never stated that it was on any other day—I said I thought it was the 8th of November, but when I went home I referred to my ledger, and found it was a mistake—the 5th of November was the same day of the week as the 29th of October—I had never seen the prisoner before—I recognize the note by the name of Williamson on it, and there is 2—2 and 37—I observed that the same day, before I put in to the bag.
Q. Were you so certain that if you had been asked you could have said there was 2 2 37 on it, without your seeing the note? A. Yes—I particularly observed it—I had a particular reason for making the observation—I was asked if Watson's name was on it, and I said "Yes," mistaking Williamson for Watson.
CAROLINE PARKER . I am bar-maid to Mr. Barrett. My mistress gave me a note to take to Mr. Whitehouse the day after it was taken—I was in the bar-parlour when it was taken—I delivered it to Mrs. Whitehouse—it was not a moment out of my possession till I gave it to Mrs. Whitehouse—I gave her the same note as mistress gave to me—Mrs. Whitehouse took it up
stairs—she returned it to me again—I took it back to mistress, and delivered it to her.
Cross-examined. Q. What time what this? A. About eleven o'clock in the morning.
MARGARET WHITEHOUSE . I am the wife of Mr. Whitehouse, a grocer, living at No. 81, Featherstone-street, City-road. I remember receiving a note from Caroline Parker—I do not remember the date—it was in the forenoon—I took the note up stain to my husband, and brought it down, and gave it to Parker again—it was the same note as I took up—I observed the note myself, and should know it again, I think—I observed that the date was done very badly—I cannot say what the date was—I also observed that it had a signature which I had not seen before, and I could not make it out—(looking at a note)—this is the note—it is exactly like it—many notes come through my hands—I did not lose sight of it when I give it to my husband.
WILLIAM BARRETT . I am the husband of Elizabeth Barrett. I was in tht adjoining room when the note was given to my wife—I did not see it given—next day I received it from my wife to look at, after I had been to Mr. Watson's about the pot—Mr. Watson returned with me to look at the note—I received it from my wife, and took it to the Bank—Mr. Wilson and I both examined it, and the figures were irregular, some were rather bigger than the others—I should know it again, for there is the name of Williamson on the back, and a kind of splash with a pen—this it the note—(looking at it)—I marked it at the Bank—I put my own name on it, and find it here now, and the name of Williamson, which I took particular notice of, and 2 2 37—I noticed that directly I came from Mr. Watson's—I left it at the Bank.
WILLIAM GEORGE WATSON . I am a watch gilder, and live at No. 7, James-street, Old-street. I do not know the prisoner—I never saw him to my knowledge till I saw him at the police-office—I never sent him to get any gin or change for a £ note—I saw a £5 note at Barrett's, and should know it again, by the name of Williamson on the back, and the badness of the plate altogether—this is the note—(looking at one.)
Cross-examined. Q. I presume there are several persons of your name? A. There is a Watson a bookseller in the City-road, about five minutes' walk from my house, and there is another Watson, but not in the same street-there is no other Watson in the same street.
ROBERT PALLETT . I am landlord of the Cock and Bottle in Cannon-street, City. The prisoner came to my house on Monday evening, the 2nd of October, between eight and nine o'clock, and asked for change for a £5 note—I hesitated, being busy—several customers were standing at the counter, and I think I served one customer—he said "If you can change the note I will take half a pint of gin"—he had half a pint of gin, and I gave him change for the note, four sovereigns, and the rest in silver and copper—the gin came to eight-pence—he brought a bottle for it—when I gave him the change, being busy, I handed him pen and ink on the counter, and asked him to mark the note—he wrote the name of William Smith, No. 13, Walbrook on it—there was another name on it, below that—(looking at a note)—this is the note—I threw it down on the table in the bar parlour, and before I put it into the drawer I wrote the name myself, which he wrote, "Smith, Walbrook"—I afterwards made inquiry at 13, Walbrook, but could find no William Smith there, neither lodger nor housekeeper.
Cross-examined. Q. Your hand-writing is on the front of the note A. Yes—this was on the 2nd of October, in the evening—it was Club-day at our house, and there were a great many people there—I can positive swear the prisoner is the man that wrote William Smith on the note—I was busy at the time, but I can identify him—I had a very strong gaslight, and had him full in view—I gave evidence at Lambeth-street.
ELLEN SHAND . I am a widow, and carry on business as a baker, it 21, Little Knight-rider-street, Doctors' Commons. The prisoner came to my shop on the 25th of September, between seven and eight o'clock a the evening—I had the gas lighted—I am positive he is the man—he asked for one shilling's worth of biscuits, for Dr. Burnaby—I put the biscuits up, and he laid me down a £10 note to pay for them—I gave him the biscuits in a bag—I had not sufficient change, but a customer came in, and made up the change, and I gave it to him—he went away without the change at first, but came back again, and said Dr. Burnaby had no change, that a parcel was waiting to be paid for, and I must let him have as much as I could, and the rest to-morrow—while he was away I received the money and I gave him the whole change—he gave me the note, and I wrote on it immediately Dr. Burnaby's name, and the date—my daughter Caroline was present—I should know the note again—(looking at one)—this is it—I wrote on it immediately.
Cross-examined. Q. This was six months ago—had you ever seen him before? A. Not to my knowledge, nor did I see him again, to my knowledge, till he was at the office.
MR. MAULE. Q. Had he his hat on? A. No—he was dressed in dark clothes—Dr. Burnaby is a neighbour of mine.
DR. BURNABY. I live in Doctors' Commons. I do not know the prisoner, except from seeing him at the police-office—I never employed him to buy biscuits for me, nor to change a £10 note.
JOSHUA FREEMAN . I am inspector of Bank-notes to the Bank of England—(examining the notes)—this £10 note uttered to Mrs. Shand is forged in paper, plate, and signature—this £5 note uttered to Barrett, is also forged in paper, plate, and signature—this £5 note uttered to Pallett, is also forged in every respect; also this uttered to Eales, in paper plate, and signature.
COURT. Q. Have you looked at them, to be able to tell if they are from the same plate? A. Very carefully—I looked at all three of the £5 notes, and have not a doubt that they are all from the same plate—they are all dated the 20th of February—they have different signatures, but I should say they are the same hand writing—the numbers are different, but they are printed afterwards—(note read)—No. 76,829, £5, dated 20th of February, 1836. Signed, F. Twiss.
GUILTY . Aged 28.— Transported for Life.
Before Mr. Justice Williams.
1 for £5, and the other for £10, well knowing them to be forged.—2nd COUNT, for having in her possession a forged £10 note only.
MESSRS. MAULE, ADOLPHUS, and BULLOCK conducted the Prosecution.
THOMAS SHELSWELL . I am an officer of Lambeth-street. On the 28th of November I met the prisoner in Mary-street, Whitechapel—at soon as I came up to her, I told her I wanted her, she must go with me—she asked what for—I told her it was on suspicion of being concerned with other parties in uttering forged notes—she said, "I know nothing about forged notes, I can neither read nor write"—I told her I should go home with her, and search her place—she said I was welcome, she could not be accountable for any thing her husband had done—I went to her house in Infant School-yard, and after a little time got in—I asked her for the key first—she said she had not got it—I tried to force the door, but could not—I left her in the custody of another person, while I went round and got in it the back of the house—after I had got into the house, and brought her in, I vest up stairs—I took her up stairs with me, and searched her person, but found nothing on her—in searching the bed, between the mattress and bed-sacking, I saw a piece of newspaper lying, folded up—I took it out, and said to her, "What is In this?"—she said, "I do not know any thing about it"—I unfolded it, and found it contained four £5 and two £10 notes—I folded them up, and put them into my pocket—I desired her to put her clothes on, and brought her away in custody to Lambeth-street—nothing more passed—these are the notes I found—(looking at them)—I put my name on the back of them all before they were out of my possession—these are the same notes, and this is the newspaper I found them in.
Cross-examined by MR. PHILLIPS. Q. Had you known her any length of time? A. I have known her three or four months—I have heard that the is a married woman—I was at the office—I have reason to believe she is a married woman, from circumstances I could mention.
MR. ADOLPHUS. Q. Do you know the person who is reported to be her husband? A. I do not know him, for I want to see him—I have been after him for horse-stealing, since about May last—I hare never been able to find him since that time—I only knew of his living in Infant-School-lane from information.
JEREMIAH THOMAS ISLEY . I let houses, and receive rents for parties. I know the prisoner, and know the house in Infant-School-yard—I let that house to a man named Jones—I do not think there is any number to the house—I let it to him some time in June or July, I believe, or it may be later—the prisoner paid me the rent, till within this month or six weeks—she paid it, generally, weekly, but sometimes it ran a few weeks—the last rent I received from her was two months ago, I believe.
Cross-examined. Q. You are sure it was since May you let the home to the man calling himself Jones? A. Yes; I saw him on the premises—another man he knew lived there before, and he said, "I shall leave, and Jones will take it"—Jones did not pay me any money in advance—he did not pay me a sovereign in advance—he paid me some arrears of the former tenant—I believe it was about a sovereign.
COURT. Q. Did you ever see the prisoner and that man together? A. Yes—they did not call each other by any name particularly—when I was were it was warm weather—they complained of the bugs, and wished me to do something to destroy them.
MR. PHILLIPS. Q. Were they in the house together at the time they complained of the bugs? A. Yes—the bugs were in the bed-room.
CATHERINE HODGES . I am the wife of a blacksmith, and lire in the same yard as the prisoner, in the adjoining house. My husband has blacksmith's shop directly opposite—we agreed with Mr. Isley to take it, and pay him the rent—I know the prisoner—our shop is a little lower, and when the prisoner gave up a stable, we took it to enlarge our shop-we commenced the rent of the stable about the 29th of last May, and held the key previous to that—I was present when the agreement was made, and the key dame from Mrs. Jones.
Q. How do you mean it came from her? A. We knocked at the door, and nobody answered—the key was in the street door, there was a little girl there, who went on errands for Mrs. Jones—I went across to get the girl to go to Mrs. Jones, as she was very ill in bed—the girl was not at home—her sister came across—I sent the sister into Mrs. Jones's house, and she brought me back the key of the stable—during that time Mrs. Jones has lived in that house up to last Tuesday five weeks, when she was taken up—I cannot exactly say whether she was living alone in the house for some months before—there were many followers—she occupied the house.
Cross-examined. Q. There were many followers, men and woman! A. Yes—chiefly men—I do not know their names, only one young man, I have heard his name—I cannot tell whether one of them was named Jones.
MR. ADOLPHUS. Q. Do you know Jones, who is represented as the husband of the prisoner? A. Yes—he lived in the house, up to about a fortnight previous to our holding the key of the stable—I never saw him after we got the key.
COURT. Q. Had she any lodgers in the house who slept there at night? A. I cannot say—I have heard footsteps in the house at night, of more than one person—I might have heard them the night before she was taken up, or the night before that—there was not more than one bed in the house, for I went in with the officer to search the house, and then was but one.
JOSHUA FREEMAN . I am inspector of Bank notes to the Bank of England—(looking at the notes)—these are all forgeries in every respect, paper plate, and signature—the-fives are from the same plate, but there are two tens not from the same plate.
COURT to THOMAS SHELSWELL. Q. Was the paper between the palliass and the sacking? A. Between the palliass and sacking—there was a bed a mattrass, and palliass, and it was under the palliass.
(MR. PHILLIPS, on behalf of the prisoner, stated, that she denied all knowledge of the notes being in the place where they were found.)
NOT GUILTY .
Before Mr. Justice Coltman.
pails—the prisoner lived with her as her husband—on the 26th of November I heard her call out in her house, and heard her say to her husband, "You have kicked me out of bed and almost killed me"—I heard her fall, and then heard her cry and say, "You have kicked me out of bed and almost killed me, and I will expose you to all your neighbours"—I heard the prisoner say, "I have not kicked you, I have only pushed you"—I knew his voice—I did not understand any thing more that she said—I heard her cry and she went out—this was about six o'clock in the morning—she used to go out about six o'clock with her milk, and return a little after seven—I heard nothing further pass at that time—I was in the next room to theirs—I could distinctly hear what was passing in their room.
Q. What state of health had the woman been in before that? A. She had been very poorly the whole week—I do not know what was the matter with her, but I could see she was unwell—I saw her again on the Monday—this was on Sunday—I had seen her come home about an hour afterwards, and I understand she went to bed—I saw her in bed on the Monday—she seemed very poorly—I saw her every day afterwards—she kept her bed always after that—she appeared to get worse, and died on Wednesday, the 6th of December.
Q. Did you see any marks on her person? A. Not till Tuesday—I saw she had a very black eye and marks all down her face—she told me the got it by falling out of bed on Monday night, as she was getting out of bed—she told me so on the Tuesday morning.
JURY. Q. Was she sufficiently well to take out her milk until the morning in question? A. Yes, every day.
Q. Do you know how it was occasioned? A. One night, when I was in bed, and my father was not in, I was asleep, and my mother got out of bed—I do not know what for exactly—she tumbled down over the milk-pails which stood by the side of the door—she called out to me, and I got up to help her—I found her on the floor, and one of the pails turned over—I said, "Mother, what is the matter?"—she said, "I have fallen down and hurt my face, help me into bed again," and I did so—I do not know on what day this was—it was after she had taken to her bed—when I helped her into bed she put her hand to her face—that is the way the injury to the face was occasioned.
Prisoner. I knew nothing about it, first or last.
ALICE FOWLER . I knew the deceased—I remember her taking to her bed on the 26th of November—she had been very poorly for a week before that—I never asked her particularly how she came to take to her bed—she took to it on the Sunday—I went down to take my milk of her, and she seemed very pale—she continued to get worse till she died—she had a doctor to attend her—I know nothing of any violence being used to her by her husband—she never complained to me of any thing but his kicking her out of bed—I never saw her the worse for liquor.
Q. Did you ever know her intoxicated? A. The day she came to me, (seven weeks previously,) she was intoxicated, and I have seen her the worse for liquor before, but not particularly so—she was very much intoxicated
the seven weeks before—I am not able to state any accident that happened to her—when I came to her, I observed some marks, or bruises, on her body—I showed them to the doctor when I changed her linen—they were on the right side—how they occurred I am not able to say—when I first saw her black eye I asked her how it came, and whether the prisoner did it—she said "No"—she took my two hands and squeezed them very much and said, "Oh, Anny, he did not do it, but he will be blamed for it."
WILLIAM BUSS . I am a surgeon. I saw the deceased after death, but not during her lifetime—I examined her body, and found a mark over the right eye, one on the back, and under the lower part of the belly a discolouration.
Q. Were they marks apparently from injuries inflicted? A. Exactly so—they were such as might occur from blows or kicks—they might have occurred from a fall, or from getting up, and falling over milk pails—that might produce such marks—I examined the internal parts of the body—on removing the scalp from the skull, a quantity of effused blood was seen under the part of the eye that was bruised—it was extravasated blood-there was no fracture of the bone—the vessels of the brain were much distended with blood—the substance of the brain itself was otherwise healthy—there was no disease in the chest—the lungs were healthy, and no disease was formed in any other organ—on examining the abdomen, or belly, there was a considerable effusion of blood, corresponding to the discolouration I mentioned, on the right side—the intestines adhered to the sides of the belly—that was the result of old inflammation.
Q. Were you able to say what was the cause of death from your inspection of the body? A. My opinion is, that these bruises were not in themselves mortal, but they might have accelerated the death, in the situation she was in—I did not see her during her life.
NOT GUILTY .
Before Mr. Baron Alderson.
EBENEZER MARRIOTT . I am a boot and shoemaker, and live at No.2, Princes-street, Portman-market. I know Mr. Lawrence's shop—he is a linen draper in New Church-street—on Thursday evening, the 14th of December, about half-past nine o'clock, I was passing his shop, and I saw the prisoner Miles looking in at the window—Shepherd and Snelling were standing together at the corner of Carlisle-street, about a dozen yards off, talking together—I then went into a baker's shop two doors off, and when I came out of that shop I saw Miles taking some prints from inside the shop door, which was open—he ran to Shepherd and Snelling, who stood at the corner, and gave the things to Shepherd—Miles and Shepherd then ran down Carlisle-street—Snelling passed Mr. Lawrence's shop, looked in at the door, and passed along—I ran in and gave information to Mr. Lawrence—Sudell ran out after them, but did not overtake them—I am quite sure of the other two prisoners.
Cross-examined by MR. PRENDERGAST. Q. Snelling went in a different direction? A. Yes, and walked off.
COURT. Q. Did Snelling tee Miles deliver the goods to Shepherd? A. Yes.
HENRY SUDELL . I am shopman to Mr. John Lawrence, a linen-draper. Marriott alarmed me—I looked, and missed immediately two pieces of printed cotton from the door, nine yards each—I had seen them safe about a quarter past nine o'clock—I know the prisoners Shepherd add Snelling—I had seen them before the window before the alarm, walking past and looking in—they walked backwards and forwards two or three times, and looked in—that was about a quarter or half an hour before Marriott Alarmed me—when he gave me information I pursued Miles, but did not overtake him—I did not see him till he was at the station-house.
JOHN RYAN . I am a policeman. I took Miles up on the 16th of December, two or three days after the robbery—I found him in the back buildings of 42, Pell-street, in bed—I made him dress himself and get up—I told him his father was looking for him, and when I got him out into the street, I asked him where the prints were which he took from Church-street—he said, "What prints?"—I said, "Cotton prints"—he said he had taken none—I took him to the station-house, and got the witness, who pointed out Miles, and said he was the one who took them—he made no reply—on the 29th I saw Shepherd go into a baker's shop—I said, "Halloo Shepherd, is that you?"—he made no answer—I said, "Is not your name Shepherd?"—he said, "Yes"—I said, "I want you for receiving two cotton prints from Miles, on the 14th of the month"—he said he knew nothing of it.
THOMAS LEWCOCK . I am a policeman. I apprehended Snelling, and took him to the station-house—I there told him I wanted him concerning a robbery in New Church-street, which Miles was in custody for—he said he did not commit the robbery, that Miles did—that he was talking to Shepherd at the corner of Church-street—that Miles took the things and gave them to Shepherd, and Miles and Shepherd went one way and he the other.
Miles's Defence. I am innocent—I never had the property, and I know nothing of Snelling—I know Shepherd by sleeping in the same house with him.
Shepherd's Defence. I met Snelling in the street, and said, "I have had nothing to eat since dinner"—he gave me 3d., and then went to get something for his supper—I turned down the street and bought something for my supper, and went home and went to bed.
MILES— GUILTY . Aged 15.— Confined One Year.
SHEPHERD*— GUILTY . Aged 23.— Transported for Seven Years.
SNELLING— NOT GUILTY .
Before Mr. Justice Williams.
427. WILLIAM CHANDLER was indicted for stealing, on the 31st of December, 1 purse, value 6d.; 14 sovereigns, 6 half-sovereigns, and a £5 Bank note; the goods, monies, and property of Harriet Fairax, from her person.
HARRIET FAIRFAX . I am a widow, and keep the White Horse tap in Friday-street. I know the prisoner by sight, but I never saw him in my house before last Sunday—my house joins my tap-room—we can hear from the tap-room to the bar—last Sunday evening, between five and six o'clock, the prisoner came and asked for a glass of brandy—the servant
served him—I saw her serve him—he then asked for change for a sovereign which I gave him out of a little box where I had silver—he requested to have half a sovereign, instead of all silver—he asked for it three times and said to me, "How do you do, ma'am? you have been lately ill" I said, "Young man, you have the advantage of me; I do not know your features"—I thought he might the a neighbour's son, and I asked him to favour me with his name—he hung his head down and made no answer—be then called for a glass of ale, and said, "It is a rule to drink the old year out and the new one in, and I shall get tipsy to-night"—he had had his change, and put down the sovereign—he said to me, "You have not taken up the sovereign"—I then put my hand into my pocket, took out my purse, and put the sovereign in—he immediately snatched the purse out of or hand, and ran out as hard as he was able—I cried "Murder," and ran after him—he turned to the left—(there was 17l. in gold, and a £ note, in the purse)—I ran after him, crying "Murder, my purse, my money," very loudly—I never lost sight of him—he turned to the left, about two steps up the White Horse-yard—he was returning back—I caught hold of him by the collar, and scuffled with him, and held him till my son came up—my son took him from me, and took him into the bar—a policeman came afterwards and received him in charge—I have never seen my purse or money again—I am quite sure the prisoner is the person—I cannot say what made him turn back—I was running after him, crying "Murder."
Q. Supposing he had continued to run on in the direction to the left, was there any thing to stop him? A. There are gates at the end of the yard, which are fastened on Sunday—it is no thoroughfare, and he could not have got out, as the gates were fastened—he had not got very near to the gates before he turned back, but he could see there was no thorough-fare—he was near enough for that I should think—I was close behind him—I cannot answer for his seeing that the gates were closed.
Cross-examined by MR. PHILLIPS. Q. Had you ever seen the person before? A. Never, to my knowledge—it was on Sunday last, between five and six o'clock in the afternoon—it was darkish—I followed him out instantly—I never lost sight of him—I saw every thing that occurred, but I did not see him give the money to any body—I saw the prisoner—I did not notice any body else—the change I gave him was mostly in half-crowns—I think it was seven half-crowns—I know I gave him 19s. 6d. in silver, and the servant gave him 3d.—I know I gave him half-crowns, and I think it was seven half-crowns—I did not give him seven half-crowns, two shillings, and 3d.—I gave him, I believe, seven half-crowns, two shillings and sixpence, and the servant gave him 3d. change out of the sixpence—he did not pay for the ale at all—the maid gave him the 3d. out of the till—it was for the glass of brandy that he had had.
Q. What did he do with the seven half-crowns you gave him? A. I do not know whether he put them into his pocket or kept them in his hand, I was so confused, but he took them up as I put my hand in to get my purse—I had been unwell, and was recovering—I was very much flurried and frightened.
Q. Your memory, perhaps, is not so good? A. I shall never forget him—I did not feel infirm then—my servant got round before me—I followed instantly, and I never lost sight of him—he never drank the ale.
small glass of brandy, and directly afterwards he asked for a glass of ale—I served him with both—he asked for change for a sovereign—mistress gave it to him—I saw him take the purse out of mistress's hand—I saw her give him change—I cannot exactly say what it was—whether it was shillings or half-crowns—directly after the change was given him, he snatched the purse out of mistress's hand, and ran out of the door—I followed him, and mistress hallooed after him—I was close to him, and I saw him give it to another man—I saw the other snatch the purse out of his hand—I was close to him at the time, almost touching him—it was a short, dark man that snatched it out of his hand, and he ran round the corner—the prisoner went to the left, up the yard—mistress followed him, and took hold of him as he was coming back—he was turning down the yard at the time—I went to see where the other went to, and mistress went the other way, and took hold of the one who stole the money—I did not see her till she had got him—mistress's son took hold of him—almost directly she took hold of him mistress hallooed "Murder," twice—I had never seen the prisoner before, but I am sure he is the man who was in our bar, and who I served with the ale and brandy.
Cross-examined. Q. Were you not rather frightened and flurried? A. I was frightened to see him snatch the money—I was present when he came into the house—I was getting mistress's tea—I heard his conversation—my mistress had been ill, and confined to her bed, and she was in a weak state—the prisoner took up the change which she gave him—I did not see him put it into his pocket, he kept it in his hand—mistress had her purse in her hand at the time he took it—she was putting the sovereign in which he had given her—he said he generally made it a point to drink the old year out, and the new year in, and he said he understood she had been ill—he said to her, "You have not taken up the sovereign"—it was then on the counter—my mistress at that time had the purse in her hand—she put her hand into her pocket to take it out, when he said, "You have not taken up the sovereign."
Q. When you saw him first, did you not say, "That is not the man?" A. o—I knew him by his countenance—I did not say he was not the man, nor any thing of the kind—I had never seen him before—he did not pay for the ale—he had the ale and drank part of it—I am sure of that—my mistress was present at the time.
JOSEPH FAIRFAX . I am the prosecutrix's son. On Sunday last I heard my mother cry out "Murder"—I was at the back part of the house when I heard my mother screaming, and ran towards the yard as hard as I could—I did not get into the yard, but close by it—the yard joins our house—I found my mother struggling with the prisoner close by the yard—I assisted her, and secured the prisoner—I took him back into the bar, and when I sat him down in a chair in the bar, he put his hands up and said, "Mercy, mercy"—I sent for a watchman, and gave him into custody.
Cross-examined. Q. Who was present when he asked for mercy? A. There were some persons in the bar, but my mother's screaming brought so many persons—my mother was there—I do not remember the bar-maid coming up while my mother was struggling with him—I had too much on my mind to be looking after the servant girl—I did not notice her—I never heard her say, "That is not the man;" I heard her say, "That is the man," but I did not observe her, not in the street—the yard is open on week days, but on Sundays it is closed—there is a gateway which
joins our house—it is an Inn yard, and opens into the street—it is a wagon office—I had never seen him before, to my knowledge—he was searched and eighteen shillings and some halfpence found on him.
COURT. Q. When did the girl say he was the man? A. When he was at the watch-house.
BENJAMIN MURRAY . I am a watchman. I took the prisoner in charge at Mrs. Fairfax's bar, and took him to the watch-house—as he went along he endeavoured to put his hands into his pocket, but I prevented him—Mr. Fairfax was on one side, and I at the other—he endeavoured to extract his hand to put it into his pocket—I held him by the wrist, and told him he was near the watch-house, and I would not let him—he told me he wanted to put his hand into his pocket—I gave him to Cuthbert the inspector.
JAMES CUTHBERT . I was the night officer and inspector of the watch The prisoner was brought to me—I searched him, and found on him five half-crowns, four shillings, and four sixpences, a medal, and three penny pieces.
GUILTY. Aged 26.—Recommended to mercy by the Prosecutrix on account of his youth.— Transported for Fifteen Years.
NEW COURT.—Friday, January 5th, 1838.
Sixth Jury, before Mr. Common Sergeant.
GUILTY .— Confined One Month.
THE HON. MR. SCARLETT and MR. ELLIS conducted the Prosecution.
WILLIAM CASTLE . I keep the Grapes, in Milton-street, near Cripplegate. I know the prisoner—I saw him on Saturday, the 30th of December, about three o'clock in the afternoon, with another person, at my bar—the prisoner asked for half a quartern of gin—he gave me a shilling—it was a good one, I am confident—I put it into the till—he made an observation that he had coppers enough, or. halfpence enough—I gave him the shilling out of the till—he then said, "Never mind," and put down a shilling on the counter—I suspected him, and I bent it up, and went round the counter and secured the prisoner—I took him by the collar—he gave the first shilling back to me after I seized him—I sent for the constable, and as he was coming in, the half-quartern measure that he had been drinking out of was taken up, and there were two more bad shillings in it—the other man walked out when I sent for the officer—they had heard me send—I threw the other shilling into the measure, but the others were not so much bent as that—I can distinguish it.
DENNIS HUGHES . I am the ward officer of Cripplegate Without. I was sent for to the house and took the prisoner—I received from Eliza Castle three shillings as I entered the door—I asked which was the one that had been uttered, and asked him to mark it—I produce them.
GUILTY . Aged 24.— Confined Two Years.
THE HON. MR. SCARLETT and MR. ELLIS conducted the Prosecution.
HANNAH DAWSON . I am a coal and potato dealer, and live in Brick-lane, Spitalfields. On the evening of the 22nd of November the prisoner came to my shop for a penny carrot, and a halfpennyworth of leek and parsley—I gave it her—she gave me a shilling, and I gave her 10 1/2 d. change—she went away before I perceived it was bad—I did not lay it out of my hand till I perceived that it was bad—I then put it into a small box by itself—I saw her again on the morning of the Friday following, the 24th, between eleven and twelve o'clock—she came for 1d. worth of potatoes—I weighed them, and she gave me a bad shilling, which I detained—I recognised the woman again—I saw this was a bad shilling—I charged her with uttering a bad shilling—she said, "Give it to me back"—I said I would not—she said she would fetch some one that would make me, and left the shop—I kept the shilling, put it into a piece of paper, and put it into the box with the other—I had sent the boy for an officer before she left—here is another shilling that the gave the boy before she gave me one—this is the one I gave the change for—I made a mark on it, and this is the last she gave me—(looking at it.)
GUILTY .* Aged 62.— Confined One Year.
JAMES BROWN . I am a publican, keeping the Duke of Wellington public-house in Shoreditch. I know the prisoner—I saw him on the 12th of December, between six and seven o'clockin the evening—he came to my house and called for a small glass of cloves, which came to 1 1/2 d.—I served him—he gave me a half-crown—I gave him 2s. 4 1/2d., and he went away—I put the half-crown into a separate division of the till, in which was no other money—it remained there half an hour—I discoveredit was bad directly he had gone—I marked it—I saw the prisoner next on the 20th—he came in about the same time, and called for the same thing (a glass of cloves)—I did not know him at first when he came in, but he put down a half-crown—I saw it was bad, and accused him of passing a bad one before, and refused that one—he took it back, and gave me a good sixpence—I gave him change, and he went away.
Cross-examined by MR. DOANE. Q. Did you not recognize the one to he bad that he passed on the 13th? A. Yes; and I ran to the door, but he was gone—I did not know it by what my partner told me—I found it out before—I put it into the till while the prisoner was there—I did not find it out till he left—when he came the second time I charged him with this, and I refused to take the second bad half-crown—I am certain he is the man that passed the first—I did not give him in charge—I ought to have done it—I was very glad to get the sixpence—I knew he was the man that
came before—I had not the least doubt he had passed the bad half crown.
THOMAS STANLEY . I am a partner with James Brown. On the 13th of November I saw the prisoner—I went to the till, and saw a bad half-crown in a division of the till—I ask ed who had taken it—my partner said he had—I put it into a closet in the bar-parlour—it remained there about a week—I delivered it to the policeman, James Smith, who, I believe, first marked it—I marked it myself when I took it out of the till—it was not in the till more than an hour—I kept it locked in a closet in the to parlour—I kept the key—no one went to that closet but me.
JOHN JONES . I keep the Duke's Head, in Norton Falgate. I know the prisoner—I saw him on the 20th of December, between four and five o'clock, behind my counter—he wanted a glass of ale, and offered me a half-crown—I noticed it, and did not like it—I had some few friends in my back parlour—I went to show it to them—he said, "Stop, stop, I have got some halfpence"—he threw me 2d. on the counter—I said, "I shall detain this half-crown"—he said, "Detain my half-crown?"—I said, "I am not so greedy, I will cut it in half"—I took the knife and cut it—I said, "We will go partners in this"—I kept one and gave him the other half.
Cross-examined. Q. Are you sure you did not get any thing more by going partners? A. Yes.
WILLIAM HAWKINS . My father keeps a public-house in Norton Falgate. The prisoner came to my father's house on the 20th of December, and called for a small glass of cloves, which came to 1 1/2 d.—he chucked down a half-crown—I gave him 2s. 4 1/2 d. out—I sounded it—I thought it sounded like a good one, and I bit it—I put it into the till where there was some silver, but the silver was in one corner, and this in another—is a few minutes a young man came in—I took it out, and asked if it was good—he said it was bad—I put it into the same place again—the next morning my mother delivered it to somebody—my father and I were up stairs—my mother said she took it from the back of the till—I did not see her take it out.
Cross-examined. Q. You thought it was good or you would not have taken it? A. Yes.
MRS. HAWKINS. I took the half-crown out of the till, and gave it to the officer on the 21st, in-the morning, at ten o'clock.
WILLIAM CARPENTER GILL . I keep a public-house in Shoreditch. On the 20th of December the prisoner came to my house and had a small glass of shrub—he offered me a counterfeit half-crown—I said it was a bad one—he took it up, and paid me with four halfpence—I took him into custody—he resisted, and I sent for an officer—I never had the half-crown in my hand—a party in the shop saw him put it into his mouth and swallow it.
JAMES SMITH . I am a policeman. I apprehended the prisoner on the 10th, at Mr. Gill's—I found in his pocket thirty shillings, three sixpences and 1s. 3 1/2 d. in copper money—the next morning I received from Mr. Hawkins this half-crown, this half of a half-crown from Jones, and this half-crown from Stanley.
GUILTY . Aged 25.— Confined Two Years.
THE HON. MR. SCARLETT and MR. ELLIS conducted the Prosecution,
THOMAS BENNETT . I keep the Plough, in Museum-street, Bloomsbury. I saw the prisoner on the 5th of December, about two or three o'clock in the afternoon—she came for a glass of gin—I served it—it was 2d.—she gave me a shilling—I said it was bad—she said she did not know it was bad—I said it was the third time, and I should give her in charge—I sent for the officer, marked the shilling, and gave it him.
COURT. Q. Are you sure it was the third time she had attempted to paw bad money? A. Yes.
THOMAS COBHAM . I am a policeman. I received this shilling from Mr. Bennett, and took the prisoner into custody—nothing was found on her—I was present at her examination before the Magistrate, the same evening, the 5th of December—she was discharged, and taken the next day, for uttering a sixpence to Mr. Groom, and discharged for that on the 14th.
JOSEPH HALL . I am a labourer, and live at Enfield-highway. I was in Covent Garden-market on the 16th of December, selling turnips at the corner of Russell-street—the prisoner came and asked the price of the turnips—I told her 1s. 6d.—she said would not 1s. 3d. do—I said, "No"—she took four bunches, and gave me a shilling—I gave it my master—he said it was, bad and got a policeman.
GUILTY .* Aged 50.— Confined One Year.
NOT GUILTY .
434. GEORGE POULTON was indicted for obtaining, by false pretences, on the 18th of December, 1 bridle, value 30s.; 1 saddle, value 2l. 10s.; and 1 pair of reins, value 10s.; the goods of Alexander Caryll; to which he pleaded
Aged 16.— Confined One Year.
LUCY STOCKEN.— I am the wife of Charles Stocken—we keep a shop and sell razors. On the 1st of January the prisoner came to my shop, and asked me for some papers—while I turned to get them I saw him put something into his bag—I accused him—he denied it—I took the bag, and felt the razors in it—he ran away and left the bag in my hand—I know the prisoner is the person.
come in—I am confident he is the person—I saw these razors and and found in his bag—I followed him, and he was secured.
Prisoner. I never was in the shop—they have mistaken the man completely—I never was there at all that day. Witness. I am sure he it the person—he was taken by the policeman in about twenty minutes.
WILLIAM DRABBLE (police-sergeant C 21.) I heard a cry of "Stop thief," and ran and saw the prisoner in the Quadrant—Eliza Wynn had followed him all the way—she was not four yards behind him—she said she would have followed him to the City if she could not get an officer.
Prisoner. I never was in the shop, and never was indicted for any thing in my life—I have not a friend in town.
GUILTY . Aged 42.— Confined Six Months.
436. WILLIAM LIVERMORE was indicted for obtaining, by false pretences, on the 3rd of December, 1lb. weight of beef, value 1s.; 1 1/2 gill of brandy, value 1s. 6d.; and 1/2oz. of tobacco, value 2d.; the goods of Charles Hodder.
CHARLES HODDER . I have a letter here from Sir J. Barrow, to prove that the prisoner was not a lieutenant in the navy at the time this happened, on the 3rd of December, and the letter is dated the 2nd of January—I have no other evidence—this states that on the 2nd of January he was not a lieutenant, but he might have been on the 3rd of December, as he represented—I am not in a condition to prove it, except by his own admission before the Magistrate.
437. WILLIAM LIVERMORE was again indicted for obtaining, by false pretences, on the 16th of November, 1lb. weight of beef, value 1s.; 4 pints of beer, value 1s.; 1 gill of brandy, value 1s.; 2 oz, weight of cheese, value 1d.; and 3/4 oz. weight of tobacco, value 2d.; the goods of Sarah Amelia Sirrell.
Upon which no evidence was offered. NOT GUILTY .
438. MARY SULLIVAN was indicted for obtaining, by false pretences, on the 23rd of December, 3 1/2 lbs. weight of pork, value 2s. 5d.; 1/2 lb. weight of butter, value 6d.; and 6 eggs, value 6d.; the goods of James Brinckes.
JAMES BRINCKES . I keep a cheesemonger's shop in Ray-street, Clerken-well. On the 23rd of December the prisoner came, and said she wanted 3 or 4 lbs. of pork, 1/2 lb. of butter, and six pennyworth of eggs for Mr. Cameron—I knew Mr. Cameron, and served him, and she lived with him I know—I had let her have property before—I let her have all these things in consequence of her stating that she came for them from Mr. Cameron.
JOHN CAMERON . I live at No. 3, Dorrington-street. The prisoner was not in my service on the 23rd of December—she had left me before—I did not send her that day for these articles, nor did I receive any of them—I had sent her to Mr. Brinckes before, while she was in my service.
Prisoner. I ordered some things to his house, and he has kept them Witness. Yes; some things, but not these; these never came.
Prisoners Defence. On the 23rd of December I was taken by a policeman on suspicion of taking goods from a shop on Mutton-hill, to the value of 9s. 6d.—I had been sent to the shop for things for Mr. Martineau, and he kept them—I beg to throw myself on your mercy—I hare not got a friend to speak for me or give me a halfpenny—I have lately got my I living by selling fruit in the street.
GUILTY. Aged 23.—Recommended to mercy by the Jury.— Confined Three Months.
MESSRS. CLARKSON and BALLANTINE conducted the Prosecution.
JAMES FOGG . I am a Thames-police surveyor. On Sunday morning, the 31st of December, I was watching at the prosecutor's shop a little before eight o'clock, and saw Markham come out of Mr. Hancock's shop with a large bundle under his arm—he went up Blue-gate-fields to his own house, and remained there a little time, and came back again—Chandler was in the shop—I had seen them talking together in the shop—Markham came back in a quarter of an hour to the shop, and brought another bundle away—he did not go into the shop—Chandler gave him the bundle on the second occasion—Chandler spoke to him immediately, and he gave him the bundle—they had a very few words—they were not more than a minute together—I had a man of my own buying some meat in the shop at the time—I followed Markham to his house—I did not go back to Hancock's till the next morning, Monday, when I apprehended Chandler—his master asked what he had sold—he described some mutton, beef, and bones, and so on—his master said, "Is that all?"—he said, "Yes," and described it—I said, "You must have done a great deal of trade, I saw Markham twice at your shop—he took a large bundle away; did he pay you for the meat he took away?"—he said, "No"—I went to Markham's house with the prosecutor, and found him at home, and his wife—he was Isitting down eating a piece of roast beef—he said, "Do you want to be measured for a pair of boots?"—the prosecutor said, "No, Mr. Fogg wants you"—I said, "Have you no more beef in the house?"—he said, "No"—his wife was in the room—she ran out immediately—I said, "You and Chandler have begun a nice game"—his wife ran into the yard—I said to Mr. Hancock, "Run out, that woman has got the privy door in her hand, I cannot leave him"—I then took Markham out into the yard—I told Mr. Hancock to turn up a tub that was in the yard, and in a pan were two pieces of beef—Mr. Hancock said, "These are my pieces"—I said, "Where did you get these?"—Markham said, "Mind, I have said nothing yet"—he said, "Mr. Hancock, you know my brother is a butcher, but I do not say I had it of him"—I also found about 60lbs. of coffee at Markham's.
Cross-examined by MR. DOANE. Q. Where were you on the first occasion? A. Right opposite Mr. Hancock's shop, walking up and down—it is not an unusual thing for butcher's shops to be open before Divine service on the Sunday—my man, Lancaster, was with me—I did not stop Markham on the Sunday morning—I expected to have a dozen of his customers—I should not get more by twelve prosecutions than by one, if they came on the same
day—I was there at 5 o'clock in the morning on Monday—Lancaster went first on Saturday.
JOHN LANCASTER . I am one of the Thames police-constables. On Sunday morning I was in the neighbourhood of the prosecutor's shop—I only saw Chandler there—no one came there—Markham came in when I came out—as I came out of the door, after purchasing some meat, Markham came to the threshold—I then stepped off the curb, and saw Chandler give Markham a piece of beef—he put it into a blue cloth, under his arm, and went across the road to Blue-gate-fields, and I after him—he did not weigh the beef, nor give any money—I bought a piece of corned beef myself—I then followed Markham to his house—I did not know where he lived before—he lives in the Back-lane, facing the Jolly Sailor, in St. George's-in-the-East—Mr. Hancock's shop is in Ratcliff-highway—Markham was on the threshold of the door when Chandler gave him the beef off the block.
Cross-examined. Q. How near were you to Chandler? A. About three or four yards—it was ten minutes after eight o'clock—I am well aware that money could not pass without my seeing it—the meat was about 4lbs.—I think I could swear a single coin could not pass and I not see it—I am sure it did not—I was on the side of Markham, and the front of Chandler—no one was in the shop but these two at that moment—the shutters were down.
MR. CLARKSON. Q. Were you placed there for the purpose of watching whether any money did pass? A. I was there for that purpose.
HENRY HANCOCK . I am a butcher at Smithfield and Ratcliff-highway. Chandler was my servant—I have a shipping business and a retail business—I am always at market in the morning, and then leave the business to Chandler—I came into the shop about nine o'clock that Sunday morning—Chandler was in the shop—I said, "Well, Charles, have you been busy this morning?"—he said, "No, Sir, I have had very little to do, indeed;" there was a man came in, I served him a piece of beef it weighed twenty odd pounds—I then turned to Chandler, and said, "What have you sold?"—and seeing some money lying where it did in general, he said, "I have sold a small piece of corned beef and half a shoulder of mutton"—I said, "This is the money, I suppose"—he said, "Yes"—I took a piece of writing-paper off my desk, and wrapped it up—I went with Fogg to Markham's, and found Markham and his wife there—he was sitting at the table, taking his lunch—he said, "Oh, Mr. Hancock, do you want to be measured for a pair of boots?"—I said, "No; are you not ashamed of yourself, sitting there, eating my beef?"—his wife was there—she went out immediately—Fogg told me to follow her, which I did, down to the yard—I saw a tub there—Fogg came and desired me to turn it up, and I found two pieces of beef, which I could swear to—Markham said, "Mind, I have said nothing"—he said, "You know, Mr. Hancock, I have a brother a butcher"—I said, "Don't appeal to me, I know nothing about it"—I know this beef—I cut them myself—one piece was placed in the salt on Saturday night.
Cross-examined by MR. PHILLIPS. Q. How can you swear to that? A. I have twenty pieces to correspond with the small ones, the same sort of beef—I do not mean that there are not plenty of pieces of beef in London to correspond with it—I had no private mark on it, but I can swear to it—one was off a particular sort of bullock—it had been cut by me, and had been two or three times through my hands, and I saw it on Saturday night.
Cross-examined by MR. DOANE. Q. Have you any doubt that he has a brother a butcher? A. I never heard it before that—I have since—I beli ve he does not live far from me.
MR. BALLANTINE. Q. Have you been a butcher long? A. Yes, and cut up meat constantly—I am able to speak positively to meat I cut up.
JURY to MR. HANCOCK. Q. Do you ever sell meat without weighing it? A. Never.
(—Barker, wholesale boot and shoemaker; John Taylor, butcher, Ratciiffe Highway; Charles Eyles, plasterer, 9, High-street, Shadwell;—Mansfield, butcher, New Gravel-lane; and—Daveson, batcher, Portman Market; gave the prisoner Chandler a good character; and Henry Morrison, tailor, Commercial-road; James lves, 8, Back-road; Thomas Sweeting, Back-road, Shadwell, broker; Edward Pocock, Mile-end New-road, shoemaker; Pocock, son of Edward Pocock, and Daniel Ross, Back-road, carpenter, gave the prisoner Markham a good character.)
CHANDLER— GUILTY . Aged 23.
MARKHAM— GUILTY . Aged 30.
Transported for Seven Years.
MESSRS. CLARKSON and BALLANTINE conducted the Prosecution.
JOHN LANCASTER . I am a policeman. On Monday, the 1st of January, I was watching at the prosecutor's, and saw the female prisoner come past the shop four or five times—I saw Chandler—after she had walked several times she came to the threshold, and Chandler took a piece of pork, which laid on the right hand side of the block, he wrapped it in his blue frock, and gave it to her—the pork was not weighed, and I am well aware there was no money passed—I followed, and asked what she had got—she said, "A piece of beef—I then took her to Fogg.
Cross-examined by MR. DOAMS. Q. What time was it? A. quarter before eight o'clock.
JAMES FOGG . I was watching the prosecutor's shop. Lancaster brought the prisoner Pitt to me, and said, "This woman says she has got some beef"—I opened the bundle and said, "This is a piece of pork, where did you get it?" she said, "At Mr. Hancock's"—I said, "What did you give?"—she said, "I do not know"—she then said, 1s., and slipped out of my arms and no away towards the shop—I secured her, and gave her to Lancaster, I then went to Chandler, and he accounted to Mr. Hancock for what he had sold—I said, "Have you sold any pork?"—he said, "No"—I said, "I stopped a woman with a piece"—he said, "I did gjve her a piece, but I meant to pay my master for it"—I said, "Why did you not pay with these 8s. I took from your pockets?"—he said no more.
(The prisoner Pitt received a good character.)
CHANDLER— GUILTY . Aged 23.— Transported for Seven Years more.
PITT— GUILTY. Recommended to mercy by the Jury and Prosecutor.
Confined Six Months.
Fifth Jury, before Mr. Sergeant Arabin.
MR. PHILLIPS conducted the Prosecution.
Cross-examined by MR. CLARKSON. Q. Were the terms on which he so lived with you reduced to writing? A. Yes—I believe the officer has got the book in which it was—the book was shown to the Magistrate, and it is here—the agreement is not stamped.
MR. PHILLIPS. Q. Was it this man's business, among other things, to collect the debts due to you for bread? A. No, Sir, it Was not—he had only to collect that part that he disposed of himself—it was a ready money retail business—it was his business to account to me for all the money he received for bread sold over the counter—he continued in my service up to the morning of the 20th, when he absconded at half-past four o'clock—I never received from him the sum of 3s. 3d., al paid by Mrs. Amy Stewart, nor 7 1/2 d., as paid by Margaret Hastings, nor 10 1/2 d., as received from Mary Collard—these people were lodgers of mine—living in the same house.
MR. CLARKSON. Q. When did you become bankrupt? A. In December, 1836—I do not know what division was made—it must have realised a good deal—there was a good deal on the property—I do not know what my creditors have received—I have never obtained any certifcate—I am trading with the property of the trustees, under the marriage settlement of my wife—they bought in the furniture and effects—they were sold under the fiat—the furniture was sold for 218l., and there was a considerable quantity of flour and things on the premises—my name has always been over the door—there was a notice put tap, that the trustees were carrying on the business for my wife and family—I am in possession of the property which they taught for me, consisting of the house, fixtures, and furniture, and goods in the trade, scales, 2nd flour, and they have furnished flour to the amount of 200l., which my creditors could not touch—I was discharged under the Insolvent Act last August—I really cannot tell what the amount of my debts were—I have no idea—this property was not returned, in my schedule, to the Bankruptcy Court—the property was not mine, and how could I return what did not belong to me?—I never asked the prisoner to become my tenant—he was recommended to me by a respectable man—I know what a cognovit, and what a warrant of attorney is—I never asked the prisoner to give me a cognovit, payable at 10s. a week—I did not agree to the proposition—I never saw the man since the Thursday they made the proposition, and he ran away—I did not tell the prisoner that a cognovit could not be made, as I had not brought an action—I did not tell my attorney to say so—I did not agree to take any other instrument—there Was no other instrument offered me after that—I objected to take it—I never said that I objected to it because I could not obtain the consent of the trustees—I had no reason of the kind—the prisoner called on me two or three times, and we checked the account, and found there was 14l. 11s. 7d., due from him—I found that every week, at the closing of the weekly accounts—I first ascertained that amount about the 11th of November—there was always a balance every week of 3l., 4l., or 5l.—we settled every Saturday—I kept Dr. and
Cr. account with him—from the time of the commencement I did—I did not agree to take a warrant of attorney, and that he should pay 10s. towards it—the man he sent to me talked about it—I did not agree to take the warrant of attorney—he said be would give me a warrant of attorney about the time the 14l. was due, but I did not agree to take it—I had not several conversations with him about the warrant of attorney—he might have mentioned it two or three times, when he celled to balance the accounts—I do not recollect any conversation about his paying 10s. towards the expenses—I cannot swear to it—I do not recollect having any conversation relating to 10s.
NOT GUILTY .
GEORGE SPELLER . I am in the service of Charles Walter, a pawn-broker in High-street, Marylebone. A little after seven o'clock in the evening, on the 15th of December, the prisoner came and pledged with me a pair of woman's shoes—as she was leaving, she took these boots and walked off—I followed her about twenty yards, and brought her back with them under her apron—I knew her before by pawning things.
Prisoner. Q. At the time you brought me into the shop, did you say to your master, "This person has the boots?"A. Yes—she had got about twenty yards from the shop.
Prisoner. I had not got an apron on—he did not find then in my possession. Witness. Yes I did—she had them in her apron, tucked up under her shawl.
GUILTY —Aged 21. Confined Three Months.
Before Mr. Common Sergeant.
GUILTY . Aged 30.— Confined Six Months.
Before Mr. Serjeant Arabin.
ELIZABETH MUTIMER . I live at Stratford, and am a widow. The prisoner lodged in my daughter's house—I lost a handkerchief from a box in the back attic—he slept in the front—I did not see him in the room—I saw him in my daughter's bed-room, and asked him what he wanted there—he said, "Nothing"—I said he bad no business there—the handkerchief was in a box—Firth lodged in the house—he lost hit shoes from the lower part of the house—the kitchen or passage—the prisoner had lodged with me very little more than a week—I do not know how he gets his living—this is my handkerchief—(looking at it.)
Prisoner. Q. When did you miss them? A. The day you were caught in the bed-room—I had not worn these shoes, I dare say, for t week before that.
Prisoner. Q. Can you swear, I pledged it? A. Yes.
GUILTY . Aged 22.— Transported for Seven Years.
Before Mr. Recorder.
GUILTY . Aged 30.— Confined One Month.
CHARLES WOODWARD . I am an upholsterer, and live on Blackheath hill, in the parish of Greenwich. I lost part of a sofa-cover, made of moreen—it was in my possession on Monday, the 11th of December, and I missed it on Saturday the 16th—I had kept it in my shop—I gave information of my loss at the station-house—I never saw the prisoner, to my knowledge.
ANN ORRIEL . I am the wife of Robert Orriel, a currier in Skinner-row Greenwich. The prisoner came to my house on Monday, the 11th of December—I said, "What do you want?" she said, "A lady gave me this. will you purchase it?"—it was part of a sofa-cover made of moreen—she offered it to me for two shillings—I said I would not have it—I was folding it up, and she said, I should have it for a shilling—I said I would not have it—as soon as she was gone I picked up two of the rosettes, and went to the station-house—this is the moreen—(looking at it.)
Prisoner. Q. Do you know any thing of me? A. No, I never saw you before.
JAMES BUCHANAN . I am shopman to Mr. Sharpe, a pawnbroker, living in the Broadway, Deptford, a quarter of a mile from Blackheath. On Monday afternoon, the 11th of December, the prisoner came to pledge this moreen—I took in the pledge of the prisoner—it was left with a gown, I think—we lent about 1s. 6d. on them both—she came on Wednesday and took the gown out, and left the sofa-cover for 8d.—Mrs. Woodward redeemed it by paying the amount—she is not here—I have no doubt this is the same moreen.
Prisoner. I have used the shop for years, and he never knew any thing
wrong of me. Witness. She has dealt at our shop—I never knew of her being dishonest before.
BENJAMIN LOVELL (police-constable R 15.) On the 16th of December I went to the prisoner's house in Giffin-street—she said she supposed there was something else amiss—I told her to go up stairs and I would tell her—I told her it was part of a sofa-cover—she gave me the duplicate and this rosette, and told me she had bought the duplicate of a woman on Deptford-bridge, but did not know who the woman was.
Prisoner's Defence. On the 14th of December I met a woman in the Broad-way, Deptford, who asked me to buy the ticket of a piece of moreen for a sofa-cover not finished, pledged at Mr. Tighes's—I redeemed it, and wished to pledge it again at Mr. Sharpe's—he would not take it—I then offered it for 2s.—I took it back to Mr. Sharpe—he lent 8d.—when the officer came I gave it him immediately—this is all the truth—I hope you will take me into your consideration, being a poor hard working woman, and my husband a labourer.
GUILTY .* Aged 33.— Confined Three Months.
Before Mr. Justice Williams.
JOHN TOOMBYY . I am coachman to Mr. Joseph Manesty. In December last he had a mare in his possession—I missed her between seven and eight o'clock one morning, when the constable came—I cannot tell the day of the month—it was in December—I do not know the day of the week, but it was last Saturday, I think—I had teen her between eight and nine o'clock the night before, in the stable—I looked into the stable next morning, and she was gone—the horse-cloth and halter were taken away also—I saw the mare again about half-past ten o'clock the same morning, down at Greenwich—the constable had her—I cannot tell his name—I had gone to Greenwich in search of her—it is about three miles from master's premises—the prisoner was in custody of the constable—I knew him by sight before—he had nothing to do with my master at Woolwich—he was, in his service at Chelmsford, where master had lived before he came to Woolwich—he had left Chelmsford about fourteen or fifteen months, and had no servants at Chelmsford at the time the mare was missing—the prisoner was not in his service at the time—I do not know how long he had been out of his service, but it was a long time—I have been with my master about three months—he was not in his service during that time—the mare the constable had was my master's—she is worth about fifty guineas.
JOSEPH MANESTY . I live at Woolwich. I heard of the mare being stolen last Saturday, between eight and nine o'clock—the prisoner was not in my employ at that time—I had allowed him to be at my stable to learn grooming, and allowed him 1l. a quarter, to give that to his mother—I did that out of charity—he left me last November twelvemonth, and has not been in my service since that at all—he had on authority from me to
do any thing to the mare—when I left Chelmsford last March, I left him in the employ of Dr. Clifford, of Chelmsford, and I knew nothing of him since—the mare was found in the possession of the policeman Smith, who gave us information of her being found at Greenwich—I was present when the mare was shown to my coachman—I unfortunately cannot see myself.
WILLIAM SMITH . I am a policeman. I was on duty on Saturday morning last, on the Greenwich-road, about a quarter past five o'clock—I did not know the prosecutor's house then—I know it now—I was about three miles and a half from his house—I saw the prisoner riding on a boy mare, and stopped him on the road—he was riding slowly—he had a horse-cloth and roller on the mare, and a halter—he was coming towards London, in a direction from the prosecutor's—I asked him who the bane belonged to—he said, "To Captain Manesty, of Woolwich"—I asked where he was going to take it—he told me to Chelmsford, in Essex—I asked him if he was a servant—he said he had 4l. a year, and to find his own livery, and that he was servant to Captain Manesty—I asked him if Captain Manesty was in the army or navy—he said, "In the navy"—I asked him if his master had given him a note or letter—he said, "No"—. I asked what money his master had given him to defray the turnpikes with—he said 5s.—I asked him how long he had been in his employ—he said, "Last November twelvemonth"—I asked him what was to be done with the horse when he got to Chelmsford, whether it was going to be sold—he said it was too large for his master, and he was going to take it to his master's brother—I asked him why he did not have a saddle—he said his master only had one, and he might want to go out before he came back, as he should be gone two or three days—not believing him, I took him into custody, and locked him up at Greenwich—I then went and made inquiry—I went to the prosecutor's house, and saw Toomey—I was present when he saw the mare and claimed it—it was the same mare the prisoner was riding when I stopped him—he was going at a slow pace—I kept walking with him as he was going towards the station-house—after I questioned him, I detained him—I told him I should take him to the station-house—he said nothing to that—he went willingly—when I began to search him, he put his hand into his pocket, pulled out a purse, and said, "Oh, master gave me 5s. last night, why, I must have lost the money"—I found no money on him.
MR. MANESTY re-examined. I have no brother residing at Chelmsford—I have a brother a Captain, but not residing at Chelmsford—I gave the prisoner no money since November twelvemonth—he got into a respectable situation with Dr. Clifford without any character from me.
Prisoner's Defence. I was very hungry and had no place to lie—I was out of a situation and did not care where I went, having no place to sleep—I left Mr. Wild last Wednesday, who I lived with.
GUILTY . Aged 16.— Transported for Fifteen Years.
Before Mr. Recorder.
GUILTY .— Confined Two Years.
Before Mr. Serjeant Arabin.
DAY pleaded GUILTY . Aged 20
KING pleaded GUILTY . Aged 24.
Confined Three Months.
Before Mr. Serjeant Arabin.
EVE ALLCHIN . I am single, and live at Mr. Cann's, on Woolwich Common; On the 11th of December, I lost a gown and shawl from behind the kitchen door, which opens to a front garden—I missed them between twelve and four o'clock—they were afterwards found—these are them—(looking at them.)
Prisoner. On the 12th of December I was taken and brought to this place—I beg to declare I am not guilty—I met a woman of the name of Mary Wilkinson, who asked me to drink some ale with her—after leaving the public-house, she asked me to go and pledge a gown for her—I gave her the 2s. and the ticket—I told the policeman all the particulars of the woman and where she lives—I am a hard-working, poor woman, and throw myself on your mercy.
WILLIAM THOMAS CHITTRNDEN . I am a Woolwich police-officer. I produce a certificate of the prisoner's former conviction from Mr. Clark's office—(read)—I was a witness—the prisoner it the same person that was then tried by the name of Williams.
GUILTY . Aged 34— Transported for Fourteen. Years.
(There was another indictment against the prisoner.)
GUILTY . Aged 16.— Transported for Seven Years.
Before Mr. Common Sergeant.
JOSEPH BAILEY . I am shopman to Mr. James Oliver, he sells shoes. On the 3rd of January, I was called down by the boy, who was showing the prisoner a pair of shoes, and I saw the prisoner conceal a pair of shoes that the boy had given into her hand—I still watched her—the boy went for another pair—I accused her of having them—she dented it, and said she had put them into the glass-case—then she pulled up her cloak and gown, and showed her pocket, and said they were not there—I fetched
an officer, and in the presence of the officer, in lifting up her cloak, I saw them under her arm.
Cross-examined by MR. CLARKSON. Q. Are you master of this shop! A. I carry it on for Mr. Oliver—he has two shops—this is at Deptford—I am paid by the week—no one is concerned with Mr. Oliver in the business—William is the name of the boy who was serving her—I saw her put a pair under her cloak—I asked the boy where the shoes were that I had seen him give her, the boy looked round, and could not see them—the boy did not point to the place from whence he had then and say he had replaced them—I did not state before the Magistrate that that was the fact—the boy said he did not know where they were—that was the substance of it—he could not give me the informational as to where they were—I cannot recollect whether he said he had put them down on the glass-case—I will swear they were not on the glass-case—I cannot recollect the boy telling me they were there—my memory is rather deficient at times—she had a round cloak on—there shoes had got a piece of string through them—there were arm-holes to the cloak—there were buttons to the arm-holes—the woman stood close to the counter, but not when she had them—the shoes were never on the glass-case, to my recollection—she tried on some shoes—she had got her cloak on—she appeared rather desirous of being searched—when the cloak was taken off she took them from underneath her arm inside the cloak—the boy was not before the Magistrate, because I was present the whole time, and was watching her.
COURT. Q. Do I understand you to say that you saw her put then under her cloak? A. Yes.
EDWARD VINCENT (police-constable R 31.) I was called by the foreman and entered the back-room—the woman offered to be searched, and began pulling her cloak off, and Mr. Oliver's foreman saw the shoes under her arm—she endeavoured to wrap them in her cloak, and when she saw we saw them, she was endeavouring to get them into her pocket-hole, and then she threw them on the chair behind her.
(MR. CLARKSON, on behalf of the prisoner, stated that she had gone into the shop to make a purchase, and standing near the counter the shoes had caught the button of her cloak without her being aware of it.)
(The prisoner received a good character.)
GUILTY . Aged 50.— Confined Six Months.
Before Mr. Serjeant Arabin.
JOHN PILGRIM . I am in the employ of James Gillham, a shoemaker at Greenwich—at a quarter to five o'clock yesterday evening, I was hange ing some French clogs in the shop, and heard the jerk of a nail—I looked and saw the prisoner running in the street—I went and asked him where the shoes were—he said, "What shoes?" and threw these down—I took them and brought him back to my master, who gave him in charge—I did not know him before.
Prisoner. This is the first time I was ever in trouble; I was in distress GUILTY.Aged 18.— Confined One Month.
Before Mr. Justice Coltman.
JAMES PINK . I know the prisoner, and knew the deceased, Charles Ragan—he was a labourer on the railroad, and the prisoner is the same—on the 10th of December I was in at Mr. Bentley's, at the Post Boys, at New Cross, near Deptford, in Surrey—I do not know what parish it is in—it is about a mile from the town of Deptford, on the side nearest London—the prisoner and the deceased were in the house—I did not hear them speak a word to each other—the prisoner rose from his seat and said he should go home—I then saw the deceased rise off a bench and strike the prisoner in the face—the prisoner had given him no provocation—I had not heard them speak a word to each other that evening—Ragan was an Irishman—I believe the prisoner is a Suffolk man—Ragan struck the prisoner in the face, and he reeled back against the fire-place, and when be recovered, he returned the blow—there was then a scuffle and a row between them, partly in the room and partly in the passage—the doors were open—I saw scuffling, but cannot speak to more than the two blows I have mentioned—they went out, and I remained in the house—I did not me from my seat, and saw no more of it—I saw blood come from the prisoner's face, and run down from his nose or mouth, I cannot tell which.
PETER RAVEN . I was in the public-house when the quarrel began—I saw the prisoner getting up after he was struck, but I never saw the blow struck—he was getting up from out of the fire-place—they afterwards had a scuffle in the house, and at the door as soon as he could recover himself—they then went out of doors into the road—I went out in about five minute or more, and then found the prisoner and the deceased fighting—I went before Ragan, and said to him, "I think there has been quite plenty of this, you had better give over," but he rushed by me, and began fighting with the prisoner again.
Q. Was the prisoner willing to go on fighting, or did he wish to get away? A. I cannot say exactly, for I do not think he had time to say any thing before the deceased was fighting him again—I tried to part them—Ragan was desirous to fight most certainly—they kept on fighting several rounds after that, in the road—Ragan was stripped naked, but Smoker was not—Ragan had his shirt or some of his things on, or whether he had more things beside his shirt I cannot say, but I believe he had some of his things on—they had seconds to pick them up—I believe Ragan's second was a man named Samson—I cannot exactly say who was Smoker's second—I did not take that notice, but he had somebody—I cannot say how many rounds they had after I came out—they had several—they were both down on the ground by turns—Ragan at last went down some steps, into an area, to make water—he staid there a considerable time, trying to make water, as I thought—he leant over the top of the area—he then walked up the steps again, and the landlord's son went home with him—I do not know what made them part—I did not hear any thing said—he walked down the area himself and came up himself—we all went away then—I did not see the deceased again till he was dead, which was on the Friday following—I cannot tell who was uppermost at the last fall—they
were both down, and I believe sometimes one was uppermost and sometimes the other—I cannot tell one more than the other.
WILLIAM BROOKES . I was at the public-house, it is in the parish of Deptford—the first thing I saw was Smoker rising off the bench—he said he thought he had had beer enough, and should go home—I then saw Ragan rise off his seat and knock him down instantly—as soon as he recovered a scuffle ensued inside and through the passage, till they got out of doors—I went out with them—Ragan's clothes were then off, and he was stripped to the skin—Smoker had got his smock off—I did not hear any words between them before they fell to fighting—they began to fight directly—Ragan began before Smoker could get his clothes off—he bad got his smock off, but not his other clothes, and he had not time to get them of—they fought for a quarter of an hour or twenty minutes, as near as I can tell—they both had seconds—they stopped between the rounds a short time, and then stood up and went on fighting again—after they gave over fighting, I saw Ragan go down the area, and stand there for a time, and come out again—he then went away and went home—Smoker asked me where he was gone to, when he was down the area—I showed him where he was—he said he would go and shake hands with him, and ask him whether he would give up, or what he would do, as he would not give up before—he went, and they shook hands together—Ragan bid him good night, and said he would fight with him again in the morning—I did not see Ragan again alive.
JOHN HAWKINS . I am a surgeon, and live at Peckham, close to Deptford. The Post Boys is in the parish of St. Paul, Deptford—I was called in to see the deceased on Monday—the fight was on Sunday, the 10th—I found him with symptoms of severe injury in the region of the bladder—I did what was necessary, and attended him up to die time of his death, which was on Friday, the 15th—I had some conversation with him on the day that he died—I told him he was dying, and wished him to give me a statement of the occurrence as well as he could recollect—he was it that time in a dying state, and likely to die very shortly—it was perfectly clear to me that he must die—when I told him he was dying, he said, "Oh, yes, Sir, I know I am a doner" signifying that he was a dead man—he appeared perfectly sensible that he must die.
Q. Tell us what account, he gave of the cause of his death? A. He stated he was so intoxicated at the time that he could not recollect the commencement of the affray—I took down his words to this effect—(reads)—"Charles Ragan says, on the night of Sunday, the 10th of December. 1837, he forught with Thomas Smoker, and recollects being kicked in the belly—that Charles Palmer and a man named Cowper were present at the fight and says he thinks they assisted in injuring him, but is not sure who gave him the kick in the belly"—he died either from a kick or blow in the belly—I found the bladder ruptured—he died in two hours after making this statement—I afterwards opened the body and found mortification and rupture of the bladder—there were other injuries, but he died, undoubtedly, from the mortification of the bladder—a kick would decidedly produce the rupture I saw—a person falling on him with his knee might also occasion such a rupture.
Prisoner's Defence. I never kicked or hurt him in any place except with my hands—the same as he did with me.
NOT GUILTY .
Before Mr. Recorder.
MR. DOANE conducted the Prosecution.
JAMES AUSTIN . I am in the employ of Mr. Thomas Burford, who lives at Hatcham-farm, near New Cross, Surrey. I had the care of his sheep—I counted them over on Saturday, the 9th of December, in the afternoon—there were seventy altogether then—I counted them again about eleven o'clock on the Tuesday morning following, and one was deficient—the prisoner was in the service of Mr. Holcombe, whose grounds join my master's—I saw him in Mr. Holcombe's ground, and called to him—I asked if he had a stray sheep in his flock, as I had lost one—he assured me he had not, and said he had lost one the week before, and I had better look the ditches round—I understood him to say he had found his own sheep near Lee or Brockley—I told master of my loss, and went to a butcher named Smith, in New Cross, next day, with master—I heard master make some inquiry of him, and after that I saw a sheep-skin, with Mr. Burford's mark on it, in Mr. Holcombe's house—master's sheep were marked with a brand on the rump, a "B" in the middle of a circle, and the tar had run—the skin I saw had master's brand-mark on it, I am certain.
Prisoner. Mr. Holcombe has 99 or 100 himself marked with "B" in a ring—he bought them of Mr. Skinner, of Kennington-lane.
BENJAMIN SMITH . I am a butcher, and live at New Cross. In November last, I bought fifty-nine sheep of Mr. Holcombe—I was to take them ten a week—the prisoner was in his service—I used to fetch the sheep—it was not the prisoners' business to bring them, but on the 12th of December he came to me between twelve and one o'clock, and told me he had got a sheep ill, and he thought it had better be killed—I asked him if it was one of mine—he said it was—I said I could not fetch it that day, for I was going out, and could not fetch it till to-morrow—he said he thought it had better be killed—I asked what was the matter—he said it had lost the use of its fore legs, as it kept pitching on its head—he brought it to me in a barrow the same day, all dirty, and three of its legs were tied—he said, "It is no use to untie its legs, as it will not stand"—as I was going out, I killed it in the shop—I asked him if the sheep would not eat—he said, "No, it would eat nothing for the last two days;" but on slaughtering it, I found the stomach full of food, and it was in good health—the prisoner came to me again in the evening, and asked me what I thought the value of the sheep was—I asked him why—he made no answer—I said, "I do not think it worth as much as the others by 10s. or 12s.," and asked why he asked—he made no reply—I asked him if it was my sheep—he said, "No"—I said why was that—he said it was one he had fetched out of Mr. Holcombe's other fields, that he had lost two of mine last week and brought that instead, and what was deficient in that, he would make good—he said two of mine had strayed away—I was not satisfied with this, and went to Mr. Holcombe next morning to make inquiry—I sent my boy Marlow to Mr. Holcombe with the skin—I afterwards saw the skin when it had been cleansed, and it was marked with a B in a ring—the fifty-nine I bought were not branded in that way—I have killed them all except ten.
Prisoner. Q. What were the first words I spoke to you when I came to
you in the evening? A. What I have stated—you did not ask me cause of the sheep's being ill.
Prisoner. I did—I called at your shop—you had just closed it—I said, "What was the matter with the sheep?"—you said you did not it see any thing particular the matter with it, and I went and looked at it—did I or did I not? Witness. Yes, you did.
Prisoner. I stated to you how I found it, and you told me you would get your partner to take half of it—you came out and touched me with you elbow, and said, "If you have one die you will let me have it, became I may do something with one, if you have one dropped." Witness. I did not say so—I said nothing at all about the matter.
Prisoner. He did, as God is my judge—he came outside the door, and talked this over with me—what did I say to you concerning the lambs; did I put any questions to you concerning them? Witness. Something but I do sot know what it was now—I did not ask whether I should go to Mr. Holcombe next morning, and state the case of the sheep being ill, to get him to throw something off—I did not say I did not wish him to know any thing about the sheep being ill—nothing of the sort.
Prisoner. On my oath, every word I have stated took place between—he told me he had an uncle who was in partnership with him, and he would go to him next morning, and ask what he intended to give me, and he said he would go to Mr. Holcombe, and state the cause of the sheep being killed, and he would throw something off. Witness. It is false—I said I would tell Mr. Holcombe of it in the morning, and I did go next morning the first thing, and tell Mr. Holcombe of it—I did not say if he had one drop I should be glad to have it.
COURT. Q. Although it corresponded with your flock, was the brand on it so like those on Mr. Holcombe's sheep, that any one could mistake them if the flocks got mixed? A. I do not know—mine were all marked on the tail, by the rump, with a B in a round ring—I do not know Mr. Holcombe's mark—he had no mark at all, I believe, on his fed sheep.
Prisoner. If you recollect I brought one home to you, about a fortnight or three weeks ago—it had strayed, and I did not know whose it was—I got it and returned it to you, and you gave me a 1s. for doing so. Witness. Yes, you did, it was a giddy one—that is a good bit ago.
COURT. Q. Are the flocks set to graze near to each other, so that one might stray? A. Yes—only the hedge parts them.
WILLIAM HOLCOMBE, ESQ . The prisoner was in my service at this time I—sold Smith fifty-nine sheep—there was no regular brand-mark on any of them—there was nothing like B in a ring on the rump of any of them—nor any mark which could be mistaen for that—I never knew of a sheep being so ill that it was necessary to kill it at once, the first I heard of it was after the prisoner was in custody—the skin that was brought to me was not the skin of any of my sheep.
JURY. Q. Among the sheep you sold were there any ewes?A. I think there was, hut Mr. Smith can tell better than me—the ewes were not Larked differently from the wethers.
Prisoner. He had ninety-nine or one hundred in an adjoining field, marked B in a ring. Witness. I had another flock marked so, but on the hip, not on the rump, and it was quite a different sort of sheep—nothing like Mr. Burford'8 sheep—I hare some marked with a star on the rump.
Prisoner. It was impossible for me to see the mark when I found the for it had been cast on the hip.
Prisoner. Smith wished to pay me for the sheep, but I told him not.
BENJAMIN SMITH re-examined. I did not propose to' pay him for the sheep—I supposed that the next day I should fetch nine—he said nothing about my paying his master—I should have fetched one less next day from Mr. Holcombe.
Prisoner. It was no interest to me to take the sheep—I found it in the predicament it was in, and took it to him for master's benefit—I believe my master was from home all that day, and told him not to pay me—he had before paid me 22l. for two fat heifers.
MR. HOLCOMBE re-examined. He has received money for me, and paid me.
JURY to BENJAMIN SMITH. Q. Was the skin in that state that a person would not notice the marks on it? A. I had no suspicion that it was not my own.
COURT. Q. Supposing the prisoner found the sheep lying on its back, among his master's sheep, was there any thing in the appearance to signnify that it did not belong to that flock? A. No—unless he discovered it by cleaning the mark he might be deceived, as the sheep was dirty.
MR. DOANE. Q. Are you quite certain he told you that the sheep had been ill for two days, and refused food? A. Yes.
JURY. Q. At this time of year, do sheep very frequently fall on their backs, and get into this state? A. I never saw any so—I never saw any ewes so—it is not very often they fall, except a dog worries them—I do not know that it is frequently the case when they are with lamb.
MR. HOLCOMBE re-examined. When ewes are heavy with young, and fall, they seldom can get up again very well, but this was not in lamb—they often get cast when they are very near eweing—I never saw one get cast at other times—I have removed two or three that have been cast this winter-they seldom get dirty when cast, unless they fall into a ditch—there are some ditches about, but we have hardly had any wet in them this winter.
Prisoner. I have had twenty cast in a day when I had a large flock—I could have no interest or prospect of gain in taking this sheep to Mr. Smith.
MR. HOLCOMBE re-examined. I had 110 fat sheep, originally—I sold about fifty, to a Mr. Young—one of my flock is missing, and if this had been accepted as a sheep, it would have made up the proper number.
Prisoner. The missing sheep was killed, and buried by the man I succeeded—I have every reason to believe that man was the biggest thief Mr. Holcombe ever had in his service—it is well known he sold a cow of
Mr. Holcombe's for 9l., in Smithfield-market—he made his accounts up and Mr. Holcombe, if he will trace his accounts back, will find where he missed the cow in the summer—the man killed the sheep as it had the fly, and since I have been in custody, I believe Mr. Holcombe has seen when the sheep was buried—I have not a doubt the sheep I found was put there on purpose to be sent away with the sheep that were sold, and I have not a doubt but the second sheep, belonging to Mr. Burford, was put on the premises for the same purpose as the first one.
MR. HOLCOMBE re-examined. I have found the carcase of one of my sheep, buried—that would have made up the proper number—it appeared to have been in the ground for the last five weeks, I should think—that was before the prisoner came to that situation—he had been at work for me before, in the hay-harvest.
Q. Then what interest could he have to substitute a sheep sold to the butcher? A. It appears that Hall delivered to him, on his leaving me, 110 sheep—Hall is the person who lived with me before the prisoner—it was reported to me that Hall had 111 sheep, and when he lost one, he brought forward this one, which he had kept back before, and delivered to the prisoner 110, and one of that 110 is missing—I do not know that he had more than 110, but Hall admits it—I had only bought 110—the prisoner had 110 sheep left in his possession, by Hall—I do not know that this was not one of the 110—I did not see the 110 delivered to the prisoner, but he admits receiving them from Hall—I left home on the 4th of October, and the prisoner came to me three days before—I came home about five weeks after—the prisoner was in possession of the sheep at the time I was absent—Hall counted the sheep over to the prisoner—he is not here.
JURY. Q. Had you a good character with the prisoner when yon took him? A. I had no character at all—he referred me to a person he had been with, but I wished to wait a little before I took him regularly, and never went after his character.
NOT GUILTY .
WILLIAM HOLCOMBE, ESQ . I live at New-cross. I keep between 200 and 300 sheep, merely for my own amusement—I have about 200 acres of land—the prisoner was my bailiff—I intended to take him as such, but had him a month on trial—he acted as bailiff—he had no authority to sell any hay on my account—nor did he ever inform me that he had sold any—in consequence of his being taken up on the last case, a person from the Rose public-house came and asked if I knew about any hay.
Prisoner. On the Saturday previous to my sending this hay to Harper's, I consulted master about binding out part of a stack of hay, and he thought I had better do it—to bind the whole of the hay out—he told me Mr. Hatton would take all—that he was a man who bought all his bad hay, but he said, "Do you know his price?"—I said, "No"—he said, "He won't give you but 2l., a load." Witness. Not a word of the sort passed. Prisoner. Q. Did not I mention to you about the coachman wanting
some hay bound? A. Yes, you were to bind out the hay—I desired you to bind out the stump of the stack, and put the best of it into a loft for the carriage horses, and the rest into the cow-house—I did not authorize you directly or indirectly to sell a truss—I had sold Hatton all the refuse hay long ago—I never contemplated selling any of the hay there.
Prisoner. I believe the witness Barrall was present at the time.
MR. HOLCOMBE. I neither directed him, nor led him to suppose that he was authorized to sell any hay—he bad nothing to do with selling hay at all.
WILLIAM HARPER . I live at the Rose, at New-cross. I bought eighteen trusses of hay of the prisoner—they came in on the 5th of December, but he asked me in November if I wanted any, being in the habit of having it of the former bailiff—I said, "What is it a load"—he said, "4l."—I said, "I generally have the middling, I cannot afford so much"—that is about 1l. for a quarter of a load—he said, I should have a quarter of a load for 18s., or half a load for 36s.—he brought half a load, and the same night came down to my house with a bill, which I produce—it ii in pencil—I paid him 1l. on account, and was to pay the rest by Christmas—but when the prisoner got into trouble I thought it right to go to Mr. Holcombe—I only paid the prisoner 1l.—my wife paid him, and I promised to pay him the rest between that and Christmas—he said I need not pay any then unless I chose—I said, "I have nothing but a £5. note"—this was on the 5th of December—he signed my book as receiving it—I was never present when Mr. Holcombe and the prisoner were speaking on the subject of hay—I had dealt with the other man (Hall) and thought I might deal with him—I paid Hall for what I had of him.
MR. HOLCOMBE. (re-examined.) The prisoner never told me he had sold this hay of mine—he was taken into custody on the 12th of December—he never paid me any of the money.
JOSEPH BARRALL . I was ordered by the prisoner, on the 5th of December, to take this hay to Mr. Harper—I told Harper where it came from—I work for the prosecutor myself—I know it was his hay—I brought it from Mr. Holcombe's premises—I am his carman—the prisoner desired me to pitch the hay into the cart, and he loaded it—he was my foreman, and I considered he was doing right.
Prisoner's Defence. I never paid master the money, as I only received 1l.—I made the bill out in master's name—I have been with him ever since the 2nd of October—I had to buy a few plants and things for the garden, and paid turnpikes for the cart—I have not yet settled with master—when he came home, he asked me about a pig I had in pound, and I was obliged to print bills for it—master asked me about it—I was going to get my pocket-book to show him the account, and he said, "Never mind, we will settle when we have an opportunity"—I paid various things for him, and My bill, I believe, is about 12s. 13s. or 15s. against him—I was allowed to Sell apples, and I sold some at 6d. a bushel, and some at 8d., and 1s. 4d—I owe him money, and he owes me money—I have never settled with him since he came home—he has said, "We will settle it altogether," both what I had sold and what I had bought—I certainly sold the hay, but not with any view to defraud whatever—I believe Barrall was present when master told me about sending the worst of the hay to Hatton.
that is some weeks ago—he said he was to rake up the loose hay which was lying about, and get it together, to see what there was of it, and have it taken into Hatton's, not to Harper's.
MR. HOLCOMBE re-examined. I had sold all the loose hay to Halton—I had agreed with Hatton to take the whole of it, but the prisoner had nothing to do but to rake it up.
GUILTY —Aged 32.— Transported for Seven Years.
Before Mr. Justice Williams.
457. GEORGE PENN 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, and called a Banknote, well knowing the same to be forged, with intent to defraud the said Company.—2nd COUNT, stating his intent to be to defraud Matthew Montague.
MESSRS. MAULE, ADOLPHUS, and BULLOCK conducted the Prosecution.
MATTHEW MONTAGUE . I am a grocer and cheesemonger, and live in Grove-hill-terrace, Grove-lane, Camberwell. There is a gentleman in the neighbourhood named Ryder—he is an independent gentleman, and lives just below me—I have known him some time—I saw the prisoner at my shop on the evening of the 18th of November, about six o'clock—we had candles lighted—I was sitting at tea in the parlour, behind the shop—he came and asked for change, as we understood at first, for a person named Wright—he came, and held the shop door in his band, and pushed it back against my desk, holding the hasp in his hand—he put his head in, and asked for change for a £5 note—I thought he said for Mr. Wright—I got op from my table, and walked towards the parlour door, to go into the shop—I said, "Change for who?"—he said, "For Mr. Ryder, a little below"—Mr. Ryder lives in Walworth-place, which is a little below my house—I put my hand into my left hand pocket, and pulled out five sovereigns—he had a £ note in his hand—it appeared to me a bank-note—I took the five sovereigns from my pocket, gave them to him, and he wrote the name of Ryder on the note—he did it of his own accord—he wrote "Ryder"—nothing else—he took away the sovereigns, and I saw no more of him—I took the note, and marked it with a mark—this is it—(looking at a note.)
Cross-examined by MR. PHILLIPS. Q. How old are you? A. Nearly fifty-five—my memory is pretty good—I am not apt to make mistake—every man is liable to mistakes, and, of course, I among the rest, but I do not make a mistake in the thing I identify—I do not know that I have made a mistake on this subject.
Q. Did you think you had seen the prisoner before, and take him for another man? A. Oh! the face is very familiar to me—I took his face to be one I knew when he came into the shop on the Saturday night—I thought I knew him, but I found out I was wrong—I know his face is very familiar to me—I did not say I thought I knew him.
Q. Do you swear you never said this, "I thought I knew him but it turned out I was mistaken in the person I took him for?" A. I thought it was—this is my signature—(looking at his deposition)—the deposition being read contained the following sentence:—I had never seen him before, but I thought I knew him, but it turned out
I was mistaken in the person I took him for—I am quite positive the prisoner is the man I took it of."
Q. Do you hear that? A. Yes—the reason I said that was, because another person's face was familiar to me, and I thought I knew him so well, I did not hesitate in giving him the money—I looked at him very bard, and when I came to see him again, I knew his face again, and it is the very same person I gave the money to—the person I thought it was lives at Was worth—I was mistaken, but the prisoner is the man.
Q. How long after receiving the note did you see the prisoner again? A. Why, I saw him at the police-office, before the Magistrate—I do not know how long that was after I changed the note—I suppose it is a month ago that I went up the first time, but I did not set it down—it was on a Tuesday—I recollect that—there was more than a week between the two occasions—I should not think there was a month, but I will not swear it—I will not swear one way or the other—I will swear it was not six weeks.
MR. ADOLPHUS. Q. On your oath, is the prisoner the man that came into your shop on the 18th of November, and changed the note? A. Yes—I saw him afterwards at Lambeth-street, and had no doubt he was the man.
Q. It is said you took him for another man, how long did that opinion last in your mind? A. Not longer than till I saw him again—when he first came into the shop I took him for one Parsons, but I recollected by looking at him that he was not Parsons—I looked hard at him, as the candle was close by me, and found it was not Parsons—I took more particular notice of him to ascertain whether it was Parsons or not—my boy was in the shop at the time.
HENRY LEE . I am servant to Mr. Montague. On the 18th of November I was in the shop when the prisoner came in for change—he opened the door, and I first understood him to ask to change Mr. Wright a £5 note—master got up from his tea-table, came to the door, and said, "Mr. who?"—he said, "Mr. Rider, a little below"—master came round to the counter, put his hand into his left-hand pocket and pulled out five sovereigns—I stood at the further end of the counter—I saw him lay a paper down on the counter—he said, "Shall I write Rider on it?"—master said, "Yes," and while he was doing so, master put five sovereigns on the counter—I did not see what became of the paper—master took it—he did not show it to me—I saw the prisoner afterwards at Lambeth-street, and knew him again.
Cross-examined. Q. Did your master go with you to Lambeth-street the first time? A. No, he was not there the first time—I think about a fortnight elapsed before I went to Lambeth-street—I will not swear it was not a month—I did not see master do any thing to the note—there was somebody else in the shop at the time, but I cannot recollect who it was—I did not take notice of him—master's niece serves in the shop, and I think she was there, serving a person, but I cannot say whether it was her or master—I did not notice whether the customer was a man or a woman.
MR. ADOLPHUS. Q. Who is it that generally serves in the shop, your master? A. Yes—I am the errand boy—master's niece also serves, but nobody else—the parlour is close to the shop—master can hear and come out if any body comes in—we were all in the shop while the prisoner was there—I was standing looking at him at the time—there was a candle on
the desk, one on the counter, and one on a flat—I had a full view of him face—I have always been sure he is the man.
ELIZABETH RIDER . I am the wife of Mr. Rider, of No. 5, Grove-lane, Camberwell—he is a gentleman of property—our house is a little below' Mr. Montague's shop—my husband has been confined to his room two months, and not able to transact any business except giving a cheque for rent—I attend to all the domestic concerns.
Q. On the 18th of November, did you or Mr. Rider send any body for change for a £5 note? A. We never sent to Mr. Montague for change for a £5 note—we did not deal with him—I do not know the prisoner.
Mr. PHILLIPS called the following witnesses for the Defence.
MR. MAULE. Q. Is he older than you or younger? A. Younger—he is twenty-four, and I am twenty-seven—I have been married nine years—I live in the parish of Stepney—before that I lived at St. George's-in-the-East—my brother was living at home at the time I was married—he was about fifteen then—I was seventeen in September, and was married on the 30th of November—my brother lived at home with his mother when I was married—we have no father—my mother goes out washing and charring—the prisoner was living with her, but went to work as shop boy till he got older—he then belonged to the Dundee steamer—he was steward's servant, I believe, or something—I cannot exactly recollect when he came into that situation, but he has left it about two years and a half, and was about a year and a half on board—since that, he has followed the cigar-making, but I have not seen him much—I have seen him backwards and forwards at my house—he lived with his mother down to the present time.
Q. Did you go to any school yourself? A. I did—it was only a petty dame school—a woman's school—I was not there very long—I dare say about a quarter of a year—I learned plain reading and spelling—I did not learn writing—I learned pothooks and hangers—I did not get to round hand, nor to A. B. C, for my father died when I was young, and it was not in my mother's power-to give me much schooling—I learned to read and can read, but I cannot write—I did pothooks and hangers on a slate—I stopped between that and A. B. C.—I then went to work.
Q. Did your brother go to school? A. He might have gone one or two days a week to an old woman's school—a dame's school—he did not do so above two years, if he did so much—it was before he was ten years old—he cannot read at all—I am confident he never had the least knowledge how to make a letter—I never knew him able to read the name of a street—I do not believe he knows his A. B. C.—he never took to his schooling—he never liked school—he went into service when he was tenyears old, as my father died—he follows cigar-making now—I do not know where he is employed—I never interfered to ask him—he lives with my mother, at No. 12, John-street, Commercial-road—my mother is a lodger there—his business occupies him the principal part of the day as far as I know—I have no idea where that is.
MR. PHILLIPS. Q. If I understand you right, you live with your
husband? A. Yes—I have no family—I have buried them—my brother called on me occasionally—I never asked him what shop he worked at.
COURT. Q. Where were you married? A. At Shoreditch church—I made my mark there—I could have brought my certificate if I had thought of it.
MR. ADOLPHUS. Q. What has he been in the ten years you have known him? A. I can hardly tell—I should call him a smuggler—a dealer in contraband goods, cigars, and brandy—in the general smuggling line—I do not know that they are smuggled, but I imagine so—he may have done other things during the ten years, but I have purchased cigars of him—I do not know of his being in the employ of a cigar manufacturer—he used to serve customers—I did not know him as a servant at shops—I do not know his mother, I know his sister—he did not live at her house at all, that I know of—I do not know her house—I do not know her husband, nor what he is except from what I have heard.
Q. Pray have you known the prisoner within the last two yean and a half; dealing in brandy and things? A. Yes—I heard of his being under steward of a steam-boat—I do not know it of my own knowledge.
Q. I suppose the under-steward of a steamer ought to know how to read and write? A. I do not presume to give my opinion on that, but I know he cannot—he cannot read the newspaper—he has asked me to read it to him a dozen times or more, especially within the last two years—I have seen him the last two months—I cannot tell what he has been in that time—I really, do not think he can tell B from O, from his ignorance—I can tell you an instance.
Q. Have you known him in all the time doing any thing to gain an honest livelihood? A. No; except dealing in cigars—I believe he got them from stewards of steamers—I am collecting-clerk to Mr. Morris, of Sun Wharf, Ratcliff, and have been so fifteen or eighteen months, constantly in his employ, and am so At the present moment—it is quite by accident I am here—I came to collect money in the Old Bailey, and saw Mr. Kelly, the attorney for the defence, who requested me to come in—I came to collect from Mr. Smith over the way, and at the Dolphin, on Ludgate-bill—I have the Dolphin bill in my pocket—it is my master, Mr. Morris's bill—(producing it)—I was at Lambeth-street when the prisoner was under examination.
Q. Did you say any thing to the Justice about his being unable to read or write? A. I had no occasion to do that—I went there for my own pleasure, on that occasion, to hear the evidence which would be adduced against the prisoner—I know some of his acquaintances.
MR. PHILLIPS. Q. You were going to give an instance by which you know the prisoner could not read or write? A. Yes—on one occasion he asked me to write a letter for him—that is about six, seven, or eight weeks ago.
MR. ADOLPHUS. Q. Was it before or after the 18th of November? A. I should say it was previous to that.
COURT. Q. How often have you read a paper for him within the last two years? A. I recollect one case, particularly, about two men being charged at the Thames police-office with smuggling—one of them was sent
for three months imprisonment, and he asked me to read the particulars to him—that is about six months ago—I should say he had asked me to read the paper to him half a dozen times within six months—he came to a public house I used in an evening, and when he wanted to know the particular I read it to him—on another occasion he gave me a stamp, and said it might be of service to me—I said, "What stamp is it, 1s. 6d., or what?"—he said, "I don't know"—I took it up, and looked at it, and he said, "Look at him, he is looking if it is a January one," instead of a genuine one.
JAMES LINDON . I am a turnkey in Clerkenwell prison. The prisoner was there on this charge, and, in the course of his imprisonment, he asked me to write a letter for him, which I did, as he said he could not write himself.
COURT. Q. That was after the charge was made against him? A. About a fortnight ago.
MR. PHILLIPS. Q. Do you know was it before or after he was before the Magistrate on this charge? A. I think it was before the last examination.
MR. MAULE. Q. How long have you known him? A. Not till he was in custody at the New Prison—I never saw him before he was sent there for this offence—it was after he was examined and remanded he asked me to write the letter—it was directed to Mr. Kelly, a solicitor—I never saw him in the prison before, to my knowledge—I cannot swear it—I might have seen him—I see some hundreds in the course of a year.
MR. PHILLIPS. Q. Have you any favour or affection for him? A. None whatever, one man is the same to me as another.
MR. MAULE. Q. Is it not part of your duty, as turnkey, to know the prisoners? A. It may be—I have been turnkey ten years—it if put of our duty to know the faces of prisoners—I should say that I never saw this man before, but I see so many hundreds.
Q. Are you ready to swear he was not in your custody last May, for Clerkenwell? A. I should say I never saw him before, but I will not swear it.
MR. PHILLIPS. Q. Is this the letter you wrote for him?—(producing one.) A. It is—I should think I have seen 14 or 15,000 prisoners in the prison since I have been there.
MR. ADOLPHUS. Q. What has he been? A. A vender of cigars, for himself principally, I believe—he has been on board the Dundee stemer as second or third steward—he may very probably have dealt in brandy and other things—I cannot say to the contrary—to the best of my know ledge I believe he has—I have purchased cigars of him—I have know him offer brandy for sale—I never learnt from him how he got the brandy and cigars, but I believe they were smuggled principally—I should not think it necessary for a steward on board a steamer to be able to write—I never knew the prisoner read or write in my life—I live at No. 2, Bellwharf, Shad well—I have lived there seven or eight years—I am a master dyer—I always heard that the prisoner lived with his mother—I seen him at his mother's when she was in lodgings—I never knew him living in School-house-yard, Whitechapel—nor any place of that kind.
COURT. Q. How many people have you in your employ? A. Only one.
MR. MONTAGUE re-examined. Q. Do you remember at Lambeth-street any person telling you that the prisoner could not write? A. Not at the office—it was when I was down at the Flying Horse—it was not said to me particularly, but I believe it was this person (Simpson) said so—that was the same day, but after I was at the office—he expressed the same antidote about the bill January or genuine.
GUILTY . Aged 24.— Transported for Life.
Before Mr. Recorder.
458. WILLIAM JENNINGS and ANN COLWELL were indicted for assaulting Mary Ann Matthews, on the 27th of December, at St. George the Martyr, Southwark, and robbing her of 1 shawl, value 2s.; 3/4 I of a yard of silk, value 2d.; 1 purse, value 2d.; and 2s.; the goods and monies of George Matthews; and immediately before and at the time of such robbery beating and striking her.
MARY ANN MATTHEWS . I am the wife of George Matthews, and live in Pitt-street, Old Kent-road. I was at the Bull public-house, in the Dover-road, on the 27th of December—both the prisoners were there with other people—I left the house about a quarter past seven o'clock—I was rather the worse for liquor—I had sufficient recollection to know what happened—the private door of my house is in William-street—the front door goes into Pitt-street—when I got to my door in William-street, I observed the prisoners, but not till they struck me on the head—Jennings came up and struck me first on the head with his crutch—(he is lame, and walks with a crutch)—it broke the comb in my head—he then put his hand into my pocket, and took out 2s. in my purse; and he took a piece of silk out about three quarters of a yard, which I used for a handkerchief—the woman took the shawl off my shoulders at the same time—they went away afterwards, but I was so frightened I scarcely knew where they went—I ran in doors, and screamed out, as I was so frightened—I had known the woman sometime before by sight, but never saw the man before—I dare say they were half an hour in the public-house before this happened—I saw my piece of red silk and shawl again at Union Hall.
Jennings. Q. Did you not give me the handkerchief off your neck? A. I never saw you before—I never gave you the silk—you did not pawn your own handkerchief to get beer with for me.
Colwell. Q. Did you not give me the shawl off your neck to pawn? A. I never did.
JOHN COLES . I am a policeman. I was on duty in Dover-road, on Wednesday evening, the 27th of December, about seven o'clock, and saw the prosecutrix come out of the Bull, rather the worse for liquor, followed by the two prisoners—I asked Colwell if she knew where the prosecutrix lived—she said she lived at No. 5, Pitt-street, Old Kent-road—that was correct—she did not say why she was following her—there were two other persons with the prisoners—they left them at the Sunday toll—the prisoners continued to follow her to the end of my beat, in the New Kent-road—that was not above one hundred yards from where she was robbed.
"Oh, Crutchey is coming"—the male prisoner is called Crutchey about the street—I said I want you for robbing a woman in Pitt-street, and asked where the shawl and purse were—she said she knew nothing about the purse, but the shawl was pawned at the top of Kent-street, in the name of Johnson, for 1s.—I went there and found it.
SAMUEL HOBELL . I am a pawnbroker, and live in White-street, St. George's. I produce a shawl, which was pawned on the 28th of December, in the name of Ann Johnson, 7, George-street—I cannot positively swear who by.
JOHN CALLINGHAM . I am a policeman. I apprehended Jennings on Friday the 29th, at the Black Horse, Kent-road, in the tap-room—I beckoned to him, and told him I wanted to speak to him, and said, "I suppose you have heard what for?"—he said, "Heard what?"—I found this piece of silk round his neck, which the prosecutrix claims.
Jennings. She gave me the piece of silk to put round my neck, while she sold my own handkerchief to get liquor. Witness. There is no truth in it—I did not allow him to have it in exchange for pawning his handkerchief—he took it out of my pocket.
Colwell. She took her shawl off her neck, and gave it me to pawn Witness. I never did.
JENNINGS— GUILTY .† Aged 19.
COLWELL— GUILTY . † Aged 19. Transported for Fifteen Years.
Before Mr. Serjeant Arabin.
MICHAEL ROBERT JENKINS . I am a publican, and keep the Castle, in the Kent-road. The prisoner was in my service for a short time—I believe ten days—he took out beer and received the money for it—it was his duty, if he received money, to give it to me—he used to account to me every night—I hired him by the week—his week ended on Wednesday—he left me on a Saturday without any notice—I had a customer of the name of Ann Roberts.
WILLIAM WILLIAMSON . I reside next door to the prosecutor—the prisoner has been in the habit of bringing beer to me—he came in and inquired for my young man, and said he owed him for a pint of beer—I said he was not at home, but he would not be long—he said he intended to leave his master and take what money he could get with him—I went and told Mr. Jenkins of it.
Prisoner. You told me he had left the place and ran away. Witness. No, I did not—I said he would be in shortly.
Prisoner. I ought to have 1/2 d. a pot on all the beer I take out on SATURDAY—I could not get my debts, and I ran away on the Sunday—I went to try to make some arrangement and he gave me into custody, GUILTY . Aged 19. Confined Three Months.
460. JOHN HENRY NIXON was indicted for stealing, on the 15th December, 7 1/4 yards of silk, value 1l.; 27 yards of linen cloth, value 1l. 17s.; 22 1/2 yards of merino, value 3l. 7s.; 4 pain of stockings, value 16s.; 48 yards of calico, value 14s.; 1 cloak, value 1l. 3s.; and 1 shawl, value 5s.; the goods of Thomas Maddison White.
MR. DOANS conducted the Prosecution.
THOMAS MADDISON WHITE . I am a linen-draper, and carry on business in Blackman-street, Newington-causeway. Two or three days previous to the 1st of December, a person of the name of Parnell or Morton, presented himself to me as shopman, and I directed a letter to a person of the name of Hadwen, at Seven Oaks—I have not seen it since—I received an answer, and took Morton into my employ as shopman—I missed a vast quantity of property about the 16th—I have since seen a portion of these goods-we missed on the 16th one shawl and a piece of linen—they were all gone by the 16th—I had some conversation with Morton about the loss,—he accompanied me to No. 9, York-street, Westminster, very late at night—I found the prisoner there—I had not seen him before—when we arrived there Morton asked the prisoner where Mr. White's goods were—he denied all knowledge of it—Morton said he had told all, and the prisoner went up stairs and brought down four duplicates—they refer to property, part of which has been restored to me, and Nixon said he would send me other portions of the property—I afterwards received a packet containing other portions of the property, which is here, to the value of about 11l. or 12l.—the amount missed was about 40l.—I went again to Nixon to try to get more property back—he promised, but did not perform—I had held out no promises of pardon whatever to Nixon.
Cross-examined by MR. CLARKSON. Q. What day did you first receive any thing back? A. On the 18th—I gave the prisoner into custody on Tuesday or Wednesday, the 19th or 20th—I had not given Morton into custody before that—I got the information from Parnell or Morton, by promising to forgive him—there are marks on these two handkerchiefs, land on this piece of silk—it has been in my house at least three months—is a remnant of about 7 1/2 yds.
ELIZABETH POULTER . I reside with my parents at Seven Oaks; they keep the post-office. I remember seeing the prisoner once or twice last month—he came and inquired for a letter for Mr. Hadwen, of Seven Oaks—I found one corresponding to the direction, and gave it him—I never heard of such a person as Mr. Hadwen, a linen-draper there.
Cross-examined. Q. Is it your business to attend to the letters? A. yes, in part with my father—I have done so for the last six months—I have lived there all my life—a good many persons come for letters in the morning,. but not many strangers—we have nothing like 150 or 200 persons in a day—I should think not more than a dozen whose faces I do not know come in the course of a day—I do not know that I ever saw Nixon before that—I was asked about it about afortnightafterthe occurrence took place—I was brought to town, and saw the prisoner at Union Hall—he was. not pointed out to
me there—he was brought out into a little yard, with several others—I did not expressed a doubt about recollecting him, when I first saw him—I do not recollect that I said I did not know he was the person—I did not at first recognise him to be the person, but afterwards I did—I express, a doubt when I first saw him, and afterwards went to see another person who turned out to be Morton, but not for the purpose of recognising the prisoner.
MR. DOANE. Q. Have you the slightest doubt that the prisoner is the person who came for the letter? A. I am quite positive of it—there were full twenty persons when I first saw Nixon at the hall.
ALFRED PARNELL . I applied to Mr. White to be taken into his employ—I think it was on the last day of November—I saw Nixon after that, and it was arranged that Mr. White was to write to Seven Oaks for my character, to be addressed to Mr. Hadwen—the letter was to be fetched by Mr. Nixon, and he was to write the answer to it; and when it was written I was to endeavour to get the situation by the character—I got into Mr. White's employ before the answer came, I believe—on the 15th of December, when the rest of the men were gone to dinner, the prisoner Nixon came to Mr. White's shop and brought an empty bag, and when he took it away it was full of Mr. White's property;—the whole of the property produced went on that day.
GUILTY . Aged 30.— Transported for Seven Years.
461. WILLIAM JONES was indicted for stealing, on the 16th of December, 1 bag, value 1d.; 10 half-crowns, 40 shillings, 87 sixpencer, 84 pence, and 21 halfpence, the goods and monies of Robert Roper Clarke, in his dwelling house.
ROBERT ROPER CLARKE . I am a wharfinger. My dwelling-house is in St. Mary Overy Dock, in the parish of St. Saviour, Southwark. Between twelve and one o'clock, on the 16th of December, I laid this money on my desk—I had just been and received a balance of wages—I had upwards of 5l. in silver, some loose halfpence, and three 5s. papers of halfpence—the silver was in a canvas bag, in the counting-house—it is my house—I was loading a wagon, and giving directions to the men what flour to put into the wagon—I was not so far from the counting house as I am from the prisoner now—a person said a man had gone into the counting-house—I went, and met the prisoner coming out—I said, "What are you doing?"—he said, "I merely came to see what o'clock it was"—I looked over, and missed the halfpence—he ran away, I ran after him, and sang out, "Stop thief"—he saw three men coming to meet him, through some posts, and he turned into Mr. Burford's yard, and I chose after him—he threw out two papers of halfpence—one a white sugar paper, the other a grey paper—they hit me—I still pursued him—round a
corner he thought to get out—he threw out another paper, and the bag of silver—we still pursued him, and caught him—sent for the policeman, and then the money was picked up—this is the bag—(looking at it) JOHN COOPER. I am a policeman. I picked up the halfpence in the yard—some loose, and some in a paper—I picked up the bag near the coal-hole, in the yard, where the prisoner was detained—there was nearly 5l. in silver.
Prisoner. There were several persons running—I ran after the man, but did not chuck away the halfpence—it is all false.
GUILTY . Aged 34.— Transported for Ten Years.
Before Mr. Common Sergeant.
MATTHEW COOK . I am foreman to John Zacharia Stewart, living at No. 1, Blackman-street, Southwark. I attend the shop—there are hats and caps there—on the 1st of January I saw the prisoner in company with another—I saw the other lad put his hand on some caps—I did not see him take one, but supposing one had been taken, and given to the prisoner, I pursued them—I saw the prisoner throw this cap away which had been inside the door just before, and a policeman took him—this is the cap.
GUILTY . Aged 17.— Transported for Seven Years.
MR. CHAMBERS conducted the Prosecution.
JAMES PAMPLIN . I am an apprentice to Thomas Pewtress, a stationer, living at No. 67, Newington-causeway. On the evening of the 19th of December, the prisoner came and asked for a pen, or a sheet of writing-paper, I forget which—she gave me a shilling—I gave her 11d. change—I had some doubt of the shilling before I gave change, and showed it to a person, but I gave her change, and put the shilling into the corner of the till—I took it out directly after she was gone, and gave it to Mr. Fenner—he afterwards gave me the shilling at the office—I saw her again on the 21st of December, at a quarter to nine o'clock, when she asked for a sheet of writing-paper—I served her—she threw down a shilling—I went to Mr. Fenner, and he went for a policeman—I gave the two shillings to Mr. Fenner—he has not given them to me back.
REST FENNER . I am son-in-law of Mr. Pewtress. I recollect the prisoner coming to the shop on the 19th—I am certain it was her—after she left the shop, a shilling was given to me—I wrapped it in a piece of paper, and at the office I gave it to Pamplin—on the 21st she came again—I got a policeman—on that occasion Pamplin gave me a shilling—I
gave the same to the policeman—it did not go out of my hands till I gave it him.
ANN PITTOCK . My husband keeps a baker's shop, at No. 2, Amelia place, Walworth-road. On the 21st of December, the prisoner came about three o'clock, and purchased a penny raspberry-puff—she gave me a bad shilling—I said it was bad, and she gave me a good sixpence—I give her change—I gave the bad shilling to my nephew, and he cut it, and has gat it now, I believe—she wanted the shilling, but I would not let her have it—she said she took it at a grocer's shop, on the other side of the way, but she could not give the name—I gave her one of my cards, and told her to take it there, and he would know me very well, and to get a good shilling, if she could, or they might come to me, and get the bad one returned—neither the grocer nor the prisoner came.
GUILTY . Aged 22.— Confined Two Years.
MR. CHAMBERS conducted the Prosecution.
JAMES BROOK (police-constable L 118.) On Saturday, the 30th of December, I saw the two prisoners at the comer of South-street, Lambeth, between one and two o'clock in the day—I watched them, and saw Reading go into a little grocer's shop—I went in when he came out, and made some inquiries—he joined Moody again—I followed them, and saw Reading go into Mr. Evans's beer-shop—alter he left, I went in, and made some inquiry—I did not get a sixpence there—I left it there—I again followed the prisoners, and saw Reading join Moody, and go through Allen-street—I saw Moody give Reading something resembling a sixpence, and leave him—Reading stopped a few minutes, and put his arm on a post—he then went into a shop, and purchased an egg—I saw him come out, with the egg in his hand—I went into the shop, and Elsom gave me this sixpence—I then followed the prisoners to the Marsh-gate—I met Cole, another constable—he took Reading, and Moody ran away—I pursued him, and took hold of him—I observed something in his mouth—I laid hold of his throat—we both fell to the ground, and he spat out two sixpences, which I have got here—he was searched at the station-house, and I found five good shillings, and 9 3/4 d. in copper, on him.
SARAH EVANS . My husband lives at No. 30, North-street, and is a wine and spirit merchant—I keep a beer-shop. On the 30th of December, I saw Reading there—he had half a pint of ale, which came to a penny—he gave me a sixpence—I put it into a saucer, with another sixpence and one shilling—after he left the house, the policeman came in—I looked at the sixpences, and found one was a bad one—I gave it to the policeman Goff SARAH ELSOM. I am servant to Mrs. Dublain; she keeps a chandler's shop in Royal-street, Lambeth. On the 30th of December I saw Reading there—he bought an egg, and gave me a sixpence—I put it into
the till, and there was no other sixpence there—I gave him 5d.—soon after he had gone the policeman came in, and I gave him the sixpence that Reading gave me.
Moody. Q. Did you not tell the inspector that you thought this man bad my handkerchief on? A. Yes, I did.
READING— GUILTY —Aged 20.
GOODY— GUILTY —Aged 21.
Confined Two Years.
465. JOHN SMITH and JAMES SMITH were indicted for embezzling and stealing, on the 7th of December, the sum of 9s., which they had received as servants to, and on account of, David Nicholson and others, their masters.—2nd COUNT, for stealing, on the same day, 18 bushels of coke, value 9s., the goods of the said David Nicholson, and others, his masters; to which
JOHN SMITH pleaded GUILTY . Aged 26.
JAMES SMITH pleaded GUILTY . Aged 29.
466. JAMES SMITH was again indicted for embezzling, on the 11th of December, the sum of 13s. 6d. which he had received as servant to, and on account of, David Nicholson and others, his masters.—2nd COUNT, for stealing, on the same day, 27 bushels of coke, value 13s. 6d., the goods of the said David Nicholson and others, his masters; to which be pleaded
GUILTY . Aged 29.— Confined One Year.
467. JOHN SMITH was again indicted for embezzling, on the 1st of December, the sum of 9s., which he had received as servant to, and on account of David Nicholson and others, his masters.—2nd COUNT, for stealing, on the same day, 18 bushels of coke, value 9s., the goods of the said David Nicholson and others, his masters; to which he pleaded
GUILTY . Aged 26.
468. JOHN SMITH was again indicted for embezzling, on the 27th of November, the sum of 13s. 6d., which he had received on account of David Nicholson and others, his masters.—2nd COUNT, for stealing, on the same day, 27 bushels of coke, value 13s. 6d., the goods of the said David Nicholson, and others, his masters; to which he pleaded
GUILTY . Aged 26.
469. JOHN SMITH was again indicted for embezzling, on the 8th of December, the sum of 1s. 8d.; and on the 15th of December, the further sum of 1s. 8d.; and on the 18th of December, the further sum of 1s. 8d., which he had received on account of David Nicholson and others, his masters; to which he pleaded
GUILTY . Aged 26.— Confined Two Years.
The following prisoners upon whom the judgment of the Court was respited at former Sessions have been sentenced as follows:—
ADJOURNED TO MONDAY, JANUARY 29TH.