Old Bailey Proceedings, 29th January 1838.
Reference Number: t18380129
Reference Number: f18380129

CENTRAL CRIMINAL COURT.

SESSIONS PAPER.

SIR JOHN COWAN, BART., MAYOR.

FOURTH SESSION, HELD JANUARY 29, 1838.

MINUTES OF EVIDENCE,

Taken in Short-hand,

BY HENRY BUCKLER.

LONDON:

GEORGE HEBERT, CHEAPSIDE.

WILLIAM TYLER, PRINTER, BOLT-COURT, FLEET-STREET.

1838.

THE

WHOLE PROCEEDINGS

On the Queen's Commission of the Peace,

OYER AND TERMINER, AND GAOL DELIVERY,

FOR

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

OF THE

CENTRAL CRIMINAL COURT.

Held on Monday, January 20, 1838, and following Days.

Before the Right Honourable Sir JOHN COWAN, Bart., LORD MAYOR of the City of London; Sir John Vaughan, Knt., one of the jutices of Her Majesty's Court of Common Pleas; Sir William Bolland, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir John Patteson, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Samuel Birch, Esq.; William Venables, Esq.; Sir John Key, Bart; Henry Winchester, Esq.; William Taylor Copeland, Esq.; Aldermen of the said City; the Honourable Charles Ewan Law, Recorder of the said City; Samuel Wilson, Esq.; Sir Chapman Marshall, Knt.; James Harmer, Esq.; Thomas Johnson, Esq.; John Pirie. Esq.; Thomas Wood, Esq.; John Lainson, Esq.; James White, Esq.; and John Humphery, Esq.; Aldermen of the said City of London; John Mirehouse, Esq., Common Sergeant of the said City; and William St. Julien Arabin, Sergeant at Law; Her Majesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.

LIST OF JURORS.

First Jury.

Samuel Arrowsmith

Thomas Lambert

George Pym

David Viner

John Hunt

Richard Austin

Job Vant

Charles Bray

Joseph Ackerman

John Webb

Edward Tann

James Linger

Second Jury.

Daniel Stephen Edwards

Stephen Taylor

William Stidall

Alexander Barclay

William Boothby

Charles Burton

William Austen

Giles Booth Blake

William Burrows

Thomas Clarke

Henry Bevington

Thomas Covill

Third Jury.

Edwin Hayne

James Bennett

George Barclay

William Hambridge

George Henry Allen

Robert James Stanley

William Meek

Samuel Stevens

Samuel Atherton

Henry Bennett

William Arthur

George Jaggen

Fourth Jury.

John Ashby

George Allen

John Black

Thomas Pallister

Henry Bonham

Isaac Brook

Richard Tebb

John Lupton

Daniel Browning

John Barber

John Bowler

Henry Lingford.

Fifth Jury.

Benjamin Readhead

Isaac Dunn Le Mare

John Adams

William Addis

William Burn

William Jones

Richard Sexton

Thomas Nichol

Richard Hanksmore

Endor Trevorton

James Appleby

Thomas Bull

Sixth Jury.

Henry Bignell

John Tovey

John Halley

William James Smallridge

Andrew Baird

Joseph Charles Chapman

Henry Case

James Vavasoir

John Waters

Robert Cornell

Henry Backler

John Biggs

CENTRAL CRIMINAL COURT.

COWAN, MAYOR. FOURTH 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 charecters.

LONDON AND MIDDLESEX CASES.

OLD COURT.—Monday, January 29th, 1838.

First Jury, before Mr. Recorder.

Reference Number: t18380129-471

471. ELLEN HEMBRY was indicted for stealing 2 blankets and 2 pillows, value 10s., the goods of Sarah Maria Rodger; to which she pleaded

GUILTY . Aged 45.— Confined Seven Days.

(The prisoner received a good character.)

Reference Number: t18380129-472

472. JAMES CAREY was indicted for stealing, on the 23rd of December, 1 handkerchief, value 3s., the goods of Peter Young, from his person.

THOMAS BLOSSETT . I am a constable of Covent-garden-market, On the 23rd of December, about half past twelve o'clock, I was at Bucking-ham Palace—I saw the prisoner, in company with another—I watched them, and when the Queen left the Palace I saw them go behind Mr. Young—the prisoner took the handkerchief out of his pocket, and I saw him put it into his own jacket pocket—I saw him go behind Mr. Young, and take the handkerchief from Mr. Young's coat pocket, I am certain—it was from his coat pocket—Mr. Young had his hat on at the time—when the prisoner took it from Mr. Young's pocket he put it into hit own—I took him into custody, and took the handkerchief from his pocket—I then called Mr. Young, who claimed the handkerchief.

Cross-examined by MR. DOANE. Q. You were not on duty that day, were you? A. I was in the Park merely as a spectator—there was a great crowd of persons—I was right at the prisoner's back, quite close to him—I was the next person to him, and to the other man—Isaw quite distinctly what both did—the other man was taken, but the bill was thrown out against him—I took the prisoner, and a police-constable took the other—the other man was close by. and from what I told the policeman on duty, he took him.

Q. You were closely packed together, were you not? A. No, about three deep—I cannot be mistaken in what I saw—I am positive the handkerchief did not fall down—the prosecutor was not cheering, nor was I, for I was watching the prisoner—I saw him attempt several other pockets before—the prisoner was not cheering.

COURT. Q. Have you any doubt of seeing him take it from the coat pocket? A. None at all.

GEORGE THORNTON (police-constable E 91.) I took the other man—I was watching the prisoner for three quarters of an hour previous, in company with Blossett—I saw first one and then the other go behind served gentlemen's pockets, and sound them—at the time the Queen left the Palace I saw the prisoner run behind Mr. Young, and take the handkerchief from his pocket—Blossetttook him, and I took the other.

PETER YOUNG . I am a sugar-planter, and live at No. 5, Wilmington-square, Spa-fields. I was in the crowd, near Buckingham Palace—I was not aware of my handkerchief being taken, till the officer spoke to me—when the officer gave me information I felt in my pocket, and missed it.

Q. Was the handkerchief produced by the officer the same as yon lost? A. As far as I can recollect, but I have no mark on it—the patters is something similar—I could not swear to it, there are so many alike—I had not any handkerchief in my pocket which did not belong to me—the one I had was my own—when the officer spoke to me I had no handkerchief in my pocket.

Cross-examined. Q. Did you put your hand to your pocket? A. Not till the officer told me—I was a little excited at seeing her Majesty pass—I will not swear that I had not put my handkerchief into my hat—(looking at the handkerchief) the pattern is something similar—most of my handkerchiefs are marked, but this is not marked—my handkerchiefs are square, and this is not—it is oblong—I will not swear to it.

Q. Do not you believe it is not your handkerchief? A. I cannot swear whether it is or not—it may, or may not be—my handkerchief was equally long either way—I will not swear that this is my handkerchief—I cannot swear decisively it is not mine—mine was a square one, and this is not square—it may not be mine, certainly.

COURT. Q. You claimed it at the time as yours? A. I claimed it as being like mine—I said it was the one I had lost, but I was in a state of excitement at the time.

(The prisoner received a good character.)

GUILTY . Aged 25.—Recommended to mercy, on account of his good character,— Confined Six Months.

OLD COURT.—Tuesday, January 30th 1838.

Second Jury, before Mr. Recorder.

Reference Number: t18380129-473

473. JOHN CARROLL was indicted for stealing, on the 10th of January, 1 box, value 6d.; and 28lbs. weight of raisins, value 13s.; the goods of John Thorpe and another; to which he pleaded

GUILTY . Aged 23.— Confined Three Months.

Reference Number: t18380129-474

474. WILLIAM ROBINSON was indicted for stealing, on the 1st of January, 1 table-cover, value 15s., the goods of Charles Augustus Didier Montigney; and also for stealing, on the 30th of December, 1 table-cover, value 15s., the goods of Charles Augustus Didier Montigney; to which he pleaded

GUILTY . Aged 51.— Confined Three Months.

Reference Number: t18380129-475

475. WILLIAM BENNETT was indicted for stealing, on the 12th of January, 1 coat, value 5l.; 1 saddle, value 10s.; and 2 whips, value 5s.; the goods of Edmund Johnston.

MARK HAYTON . I am coachman to Mr. Johnston, of Winchmore-hill. On Thursday evening, the 11th of January, when I went to bed, I had my livery coat safe in the stable—the door and window were secured—I went to bed between nine and ten o'clock—when I got up in the morning my coat was gone, also two saddles, and two whips from the stable—I have since seen the articles—these are them—(looking at them)—they are all here except one saddle.

ABRAHAM GORE . I am gardener to Mr. Johnston. On the morning of the 12th of January I found the stable-door a-jar, and the window open—the coachman, sleeps over the stable.

JAMES WINGFIELD . I am a saddler, and live at No. 75, Long-lane, Smithfield. On Friday morning, the 12th of January, about half-past eight o'clock, the prisoner brought this saddle and two whips, and offered them for sale—I asked him where he got them irom—he said his master, Mr. Haynes of Croydon, gave them to him—I suspected they were not his, and detained him—Long-lane is about seven miles from Winchmore-hill.

EDMUND JOHNSTON . I live at Winchmore hill. I know this coat to be my servant's livery coat—he wore it on the Thursday—I came to town that day, and he returned alone, leaving me in London—he would get hack in about an hour and a quarter—he left me in Camden-town—I lost two saddles, but only one is forthcoming.

CHARLES BURGESS (City-policeman No. 25.) I was called into Mr. Wingfield's shop, and took the prisoner into custody—he had this great-coat on—he was remanded three times—I found the crest on the button was not the crest of the master whose name he gave at Croydon, and at last found out the button-maker, and then the prosecutor.

Prisoner's Defence. I bought the things.

MARK HATTON re-examined. The things were safe when I went to bed, between nine and ten o'clock.

GUILTY . Aged 19.— Transported for Seven Years.

Reference Number: t18380129-476

476. CHARLES COOKE was indicted for stealing, on the 22nd of January, 1 box, value 1s. 6d.; 53 printed books, value 1l. 17s.; 1 tea-caddy, value 1s.; 1 scent-jar, value 2s. 6d.; 1 drawing, value 1s.; and 1 pair of boots, value 5s.; the goods of Sarah Combley.

SARAH COMBLEY . On the 22nd of January I was at the apartments of my sister, at No. 158, Leadenhall-street—my sister called my attention to something outside the window, in consequence of which I ran down stairs, and saw the prisoner about thirty yards off, in Bishopsgate-street, with my

box on his back—I gave an alarm, and called out "Stop thief"—a gentleman stopped him going by, and a constable came up—the box contained books principally—there was the Encyclopedia, Goldsmith's Geography, and other books—there were fifty-three volumes—I had left the box in my bed-room, on the first floor—my sister lived on the second floor—the box and contents are worth between 2l. and 3l.—(looking at the property)—this is all mine.

HENRY WILSON (City-police-constable No. 34.) On Monday, the 22nd of January, I was on duty near the Flower Pot, in Bishopsgate-street, and saw the prisoner with the box on his shoulder, standing against the Flower Pot—I had seen him walking very fast before that, coming from towards leaders hall-street—the prosecutrix is my wife's stister, and had been staying at my apartment—she came up and said, "Henry, this man has got my box"—I took him into custody with the box.

Prisoner's Defence. I have a wife and four children, and am in the greatest distress, being out of employment seven months—on the day is question I went to the water-side, but could get no work, owing to the severity of the weather—I stood at the Flower Pot to get an honest sixpence—a man came up and asked me to carry the box for sixpence—I think he said to the Dolphin—I walked to the Flower Pot, and the prosecotrix came up and said it was her box—when the gentleman stopped me, I thought it was the gentleman who had employed me—I did not attempt to escape—I requested the policeman to allow me to carry the box further, as I might see the party who employed me—many persons assembled, and I walked deliberately to the watch-house.

HENRY WILSON re-examined. The house door was left open, as the house was undergoing repair—it is about two hundred yards from the Flower Pot—the address the prisoner gave me I found to be false—I have seen him about Bishopsgate-street, and have removed him several times.

Prisoner. I received the box from the man at the corner of Leadenhall street.

SARAH COMBLEY re-examined. I was in the second floor room when my sister alarmed me—she was opening the window to look for a coach, and called me—I ran down, and saw the prisoner about thirty yards from the door—he had crossed the road—I had seen the box about half an hour before—I was waiting to go off in a coach.

GUILTY . Aged 31.—Recommended to mercy.— Confined One Year.

Reference Number: t18380129-477

477. JAMES PAIN was indicted for stealing, on the 27th of January 1 cape, value 30s., the goods of James Charles Edmiston.

GEORGE HOBDAY . I am in the service of Mr. James Charles Edmiston, of No. 91, Gracechurch-street, City. About eleven o'clock, on the morning of the 27th of January, I was in the shop, and saw the prisoner take a camlet M'Intosh cape off the block at the door—I ran after him up Half moon-passage, he threw it down, and was stopped by Rawson—the cape is worth 30s.—I never lost sight of the prisoner till he was in custody.

GEORGE RAWSON . I am a constable of Lime-street ward. As I stood in Half-moon-passage I saw the prisoner throw the cape down—I then pursued and took him about thirty yards from where he threw it down—he asked me to send to his father, and I went to his employer, who

stated that he was very honest, and never knew him to act dishonestly at all, and be would take him into his employ again.

(Property produced and sworn to.) (The prisoner received an excellent characters) GUILTY. Aged 25.—Recommended to mercy .— Confined One Month.

Reference Number: t18380129-478

478. GEORGE ROBERTS was indicted for stealing, on the 13th of January, 1 carcase of a sheep, value 1l. 18s. the goods of John Fulwood.—2nd COUNT, calling it 88lbs. of mutton.

JOHN FULWOOD . I am a butcher, and live at No. 4, Hartley-place, Old Kent-road. I purchased three sheep, in the carcase, on the 13th of January, in Leadenhall-market—I had a cart there, standing in Gracechurch-street, under the care of a man who looks after the carts—I lost the carcase of sheep, weighing 88lbs., and worth 38s.

WILLIAM STEVENSON . I am employed by the batchers, in Leadenhall-market, to look after their carts. On Saturday morning, the 13th of January, I was walking up and down Gracechurch-street, watching the carts, and missed a carcase of mutton from Mr. Fulwood's cart—I saw the prisoner take it from the cart and put it on his back—I went after him, and told him to bring it back—he made me no answer—I called him again, he said something, but I could not tell what it was—he plunged the sheep against me, I lost my hold of him, and he ran round Lombard-street—I gave him in charge in Birchin-lane.

Prisoner. He said before the Lord Mayor that he did not sea me take it.

Witness. I never said so.

Prisoner. He said he wished he could have caught the man who put the tail-board down, and gave me the sheep. Witness. I did not—I saw him take it out of the cart—there was another man with him.

Prisoner's Defence. I was employed to carry the carcase of mutton to Whitechapel by a man I do not know, and had never seen before—I was in the habit of attending the market, not being able to procure employment at my own business—I had not got far with the mutton before the witness stopped me, and told me to take it back to where I got it from—I pointed to the man, and said, "That is the man I had it of."

WILLIAM STEVENSON re-examined. He did not point out any man—he made no reply, but chucked the sheep against me and ran off—he muttered something which I could not understand.

Prisoner. I was forced to drop the sheep, and run after the man—I old the witness that was the man who had employed me to carry it, but he still held me—I am a total stranger in London, and belong to Liver-pool.

JOHH FULLWOOD re-examined. He stated to me that the other man let he tail-board down for him, to take it out of the cart.

GUILTY . Aged 21.— Confined Six Months.

Reference Number: t18380129-479

479. WILLIAM GRIGGS was indicted for stealing, on the 23rd of December, 1 cloak, value 4l., the goods of Robert Fisher.

MARY ANN COLLER . I am in the service of Mr. Robert Fisher, who lives at No. 15, York-place, Kentish-town. On Saturday, the 23rd of December, about ten minutes or a quarter past eight o'clock in the

morning, the prisoner came to the house, and asked to see Mr. Fisher—I said it was not the time Mr. Fisher would be about, and he could not see him for two hours—he said he had no where that he could go to, near, and asked if I would allow him to sit down in the hall—I said, "You had better go and call again"—he said, "I shall be obliged to you to let me sit down in the hall," and at last I did—in about ten minutes he called out at the bottom of the stairs, and said, "I do not think I shall stay, I will call again at nine o'clock," and in two or three minutes I heard the door go—I did not think it necessary to let him out, as I knew him—(I had lived with him for three months, about three years ago, with Mr. Fisher)—Mr. Fisher came home about five o'clock in the evening, and the cloak was then missing—Mr. Fisher said, "William must have taken it, if he has been here"—the cloak is here—Mr. Fisher got it from Mr. Fulles, the pawnbroker.

Prisoner. She saw me go out, and I had no cloak with me—I had been there two or three times before.

EDWARD FULLER . I live with Mr. Turner, a pawnbroker, at No.38, Waterloo-road. This cloak was pawned at our shop by the witness Vernon, in the name of Cooper, for two guineas, on the 23rd of December, in the morning, I believe.

CHARLES THOMAS VERNON . I live in Morpeth-place, Waterloo-road, and am a pocket-book and jewel-case maker. I do not keep a shop—I am a journeyman, and work for the Soho and Oxford-street bazaars.

Prisoner. It is false, he keeps a bad house. Witness. I should be sorry if I did—I do not live in a house of that sort—the prisoner came to me and called me up out of my bed—I have known him three years in a respectable situation—he asked me to be so kind as to do him a favour—he said, "Will you go and pawn this cloak, you being known in the neighbourhood?" and I certainly did pawn it at Mr. Turner's.

Prisoner's Defence. I did give it to him, but I had it given to me by a young man in Stamford-street, who asked me to go and pawn it—I said no, I would not, but I knew somebody who would, and I took the clock to Vernon's house.

MART ANN COLLIER re-examined. I had not seen the cloak myself that morning, but it usually hung in the hall—I lived in Mr. Fisher's service with the prisoner three years ago—he was footboy—he called at Mr. Fisher's once or twice after he left, and we gave him some dinner and beer, and were very kind to him—the housekeeper ordered me to give him some—Mr. Fisher knew of it.

GUILTY . Aged 18.— Confined Six Months.

Reference Number: t18380129-480

480. WILLIAM GRIGGS was again Indicted for stealing, on the 22nd of December, 1 coat, value 30s., the goods of John Evans.

JOHN EVANS . I live at No. 18, York-road, Westminster. On the evening of the 22nd of December I lost a coat—I do not know the prisoner—I came in between four and five o'clock, and hung my coat in the passage—in about an hour a young man came in with a handbill, and desired the servant to show it to the lady of the house—she brought it into the parlour—I looked at it, and the coat was then taken.

CHARLES THOMAS VERNON . I was coming home by Mr. Hickin-botham's in the New Cut, and the prisoner was there—he asked me to be

so kind as to go and pawn that coat—I met him accidentally—he asked me to pawn it, being known in the neighbourhood, and I pawned it for 12s. 6d. at Mr. Messentt's—the prisoner gave it me off his arm—it was about a mile from Mr. Evans's, and about twenty yards from the pawnbroker's.

Prisoner, I plead guilty to this charge.

WILLIAM MESSENTT . The witness Vernon pawned the coat with me on 22nd of December, in the name of Smith—the prosecutor has got it on, as be redeemed it next morning.

THOMAS BARTLETT (police-constable L 143.) I took the prisoner into custody on the 24th of December, and found the duplicate of Mr. Evans's coat on him.

WILLIAM MISSENTT re-examined. This is the duplicate of the coat.

JOHN EVANS re-examined. I have the coat on—it is mine.

Prisoner, I was at Vernon's house all the day, as the coat was taken in the evening—I asked him to come out with me—I went to a house and bad no success there—I then went to York-road, and he stood outside while I brought the coat out—he afterwards met me and pawned it.

CHARLES THOMAS VEENON re-examined. It is false.

Prisoner. He got 12s. for it, and he bought a goose for his dinner, which he gave 6s. for, and had 1s. for pawning the coat. Witness. No, he gtve me a glass of gin for my trouble—he bought a goose and sent it home to our house, and said, "I will come and dine with you on Christmas-day."

Prisoner. You carried the goose and paid for it. Witness. I did not know the coat was stolen.

GUILTY. Aged 18.— Confined Six Months; to commence from the expiration of the former sentence.

Reference Number: t18380129-481

481. MARY NOBLE was indicted for stealing, on the 5th of January, 19 yards of printed cotton, value 9s. 6d., the goods of Richard Farrar and another.

WILLIAM ARNOLD . I am shopman to Mr. Richard Farrar and another, of No. 25, Great Russell-street, Covent-garden. On Friday, the 5th of January, I was in the shop, and in consequence of something I was told I went to the door, and the prisoner was pointed out about forty yards from the door—I went up to her and found nineteen yards of printed cotton partly under her shawl and partly out—I caught hold of her, and she acknowledged stealing it, saying she wished to be transported, as she was in great distress—I know it to be my master's property—it is worth 5s.—I had seen it about half an hour before.

Prisoner. I had been four days without food—I have no home.

FRANCIS KEYS . I am an officer of the police. I found the prisoner in Mr. Farrar's shop—she said (the had had nothing to eat, and after the examination I gave her refreshment—she appeared in an exhausted state.

Prisoner's Defence. I was in the greatest distress—my husband has been dead these three years, and my friends are all dead. I know not what to do if you discharge me from this bar; I am in the greatest distress, and all my friends and relations are dead, or I would not be a criminal at the bar. I have a brother, but he never relieves me—he lives at Bethnal-green, but does not notice me. GUILTY . Aged 40.—Recommended to mercy.— Confined Six Months.

Before Mr. Sergeant Arabin.

Reference Number: t18380129-482

482. JOHN OWEN was indicted for stealing, on the 13th of January 2 shirts, value 8s.; 2 handkerchiefs, value 18d.; 1 waistcoat, value 10s. 2 pairs of socks, value 2s,; 3 collars, value 1s.; 1 towel, value 6d.; 2 wrappers, value 2s.; and 1 flannel waistcoat, value 4s.; the goods Sarah Chaplin; and that he had been before convicted of felony.

MARY ANN CHAPLIN . I am the daughter of Sarah Chaplin, who is a laundress, and lives in Bruton-street. On the 13th of January, between ten and eleven o'clock at night, I was in Cateaton-street, with this lines which was clean, and was in a cart—there was a young man in the cart with me—the clothes were in a bundle—I observed the prisoner just the pavement, near the cart, with a bundle on his arm, walking away with it—the young man stopped the horse, got out, and pursued the proud who was brought back by the watchman, with the bundle, almost immediately.

JOHN CHEEDLEY . I am a watchman. I was in cateaton-street, and I saw the prisoner go to the cart, and make two jumps up at it—the second time he got this bundle from the cart, and dropped two wrappers—he took the bundle out, and ran off with it—I overtook him about thirty yards from the cart, going off with the bundle.

(Property produced, and sworn to.)

ALLEN HORATIO OARMAN . I am a policeman. I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's Office (read)—I was a witness on the trial—he is the person, I am certain.

GUILTY . Aged 30.— Transported for Fourteen Years.

Reference Number: t18380129-483

483. SARAH YOUNG was indicted for stealing, on the 18th of January, 11 pairs of stockings, value 30s., the goods of Henry Blenkinsop; and CHARLES HEWITT for feloniously receiving the same, well knowing them to have been stolen.

HENRY BLENKINSOP . I keep a hosier's shop at No. 59, Gracechurch-street On the 18th of this month, about one o'clock, the prisoner Yoang andtwo other females came into my shop, and requested to look at some Guernsey frocks—I said I did not think I had any that would suit—they requested again to see what I had—I found the lowest-priced article—they said they would not do, and turned them over hastily, and went out—a few minutes after I perceived a parcel of stockings gone from my window—I told my young man to follow me, and went out—I saw two of the females turning round into Fenchurch-street, and saw the prisoner about thirty or forty yards in advance, walking with this young man (Hewitt)—I followed them—she was working with her hands under her cloak, and passed something to him—she turned away immediately after that was done—I ran up to Hewitt, and said, "That is my parcel"—I wheeled him round, and gave him to my young man—I ran back after the female, calling "Stop thief," and the policemen stopped her—these stockings are my property—(looking at them)—she gave them to Hewitt from under her cloak—she was on the left-hand side—it was done in a concealed manner—he put his right hand round, and had them in his arm when I seized him—he evidently under stood what she meant, and took it in the same way, at least it so appeared to me.

EDWARD ATKINSON . I live with the prosecutor. I went out immediitely after my master, as far as Fenchurch-street—I have heard his statement—it is quite true—it appeared to me that the female gave the stockings to the young man in a concealed manner—she stooped down, and took them from under her cloak.

Youngs Defence. I went into the shop with the other girls—the stockings laid down by the door—I picked them up, and came out—I told the young man (Hewitt) I had found them, but I had not got them under my cloak.

Hewitt's Defence. I was in company with this young woman coming over the bridge—I had no work, having a bad finger.

MR. BLENKINSOP re-examined. I did not see them walking, together before this happened—the three females came in by themselves—the first time the two prisoners were seen together was when I overtook them with the stockings.

YOUNG— GUILTY . Aged 24. HEWITT- GUILTY . Aged 18.

Confined Three Months.

Before Mr. Recorder,

Reference Number: t18380129-484

484. THOMAS EATON was indicted for stealing, on the 18th of October, 1 £5 Bank-note, the property of Thomas Coucher.

MR. PRENDERGAST conducted the Prosecution.

THOMAS COUCHER . On the 18th of October I went to the County Bank, to cash a cheque for eighteen guineas—I received a £ 10 note on the Bank of England—I put every thing into my pocket-book, which I pat into my side-pocket, and as I came out of the banking-house it was in my breast-pocket—my coat was not buttoned—as I came out, a gentleman, I thought, was going in, and I held my hand up to let him go in; but he walked round me, and away he went—I walked towards Charing-cross, and then missed my pocket-book—I got the number of the note at the banking-house, and stopped the note—whether I dropped the pocketbook, or it was taken out of my pocket, I do not know—I never lost any things before from that pocket—I had not stooped down, so that it could not have fallen out—I missed it when I got near Charing-cross—there was a considerable number of papers in the pocket-book.

Q. Supposing a person found the pocket-book, would the papers enable him to find you out? A. Yes—there were two bills of exchange, with my name and address on them, and there was a receipt with my name and address on it—I had written it that morning, to take to a gentleman—I never saw the prisoner in my life, till he was at the station-house—he is not the man who went round me at the banking-house door—it was about ten o'clock in the morning.

GEORGE FINDLEY . I live at No. 48, Ratcliff-highway, and am a watchmaker. On Wednesday, the 18th of October, the prisoner came to my shop, and purchased a watch, between one and two o'clock—I should say it was half-past one o'clock—he paid for it with a £10 Bank of England note—I observed, when he gave it to me, that he did not face me, but turned himself round, and took the note out of something—I could not see what he took it from—he took something out of his pocket, turning his back to me—he stood by the shop-door, at the light—he took something out of his pocket, and seemed to between or three minutes taking the note

from whatever he had in his hand—I did not change the note myself—I did not ask him any thing about it at the time, not till I saw him a second time—he came to the shop twice, to have the watch regulated.

Q. Had you heard, before he came to have it regulated, any thing about the note being stolen? A. No, I had no conversation with him abort the note on those occasions.

Q. When did you first have any conversation with him about it? A. About a week after I heard the note had been stolen, which was about fortnight after I had taken it, I saw him on the opposite side of the way, looking at a print shop, and called him over—I sent for Mr. Potter, who had changed the note for me, and I asked the prisoner if he was not the person who had changed the note and bought the watch—he said, "Yes"—I asked where he got the note—he said he had not stolen it—I said I did not say he had, but it had been traced to me, and I wished to know where he got it—he said he changed it for a sailor, who had gone to sea I asked his name and address, and he wrote in my book, "Thomas Eaton, No. 4, Bett-street, Ratdiff-highway"—he wrote that in this book, which I have here—Bett-street is about fifty yards from my house—I di rectly went to Bett-street, to No. 4, and could not find such a persona—it was nearly dark, and I thought I would leave further inquiry till the morning—I inquired at every house In the street to see if I could find him but nobody knew of any such man—about three weeks after I met him again in Spectacle-alley, Whitechapel, leading from Church-lane, about half a mile from Ratcliff-highway—he passed me, and I turned after him and said to him, "Did you not buy a watch at my shop?"—he said "Yes"—I said, "You gave me a £10 note?"—he said, "Yes"—I said "How was it you gave me a false address f"—he said, "I did not give you a false address, I live there"—I said, "You. do no such thiog"—he said he did live there, but directly he found himself in this hobble he went to his lodgings and told the woman if anybody inquired for him to say he did not live there—be told me he had been into the country, to Bristol, I think, and had only returned the night before.

Q. Did he say why he went into the country? A. Yes, because he had got himself into such a hobble—I asked him what account he could give me of the note, how he got it—he said he was going down the Strand, and met a man, who said to him, "Jack, I have picked up a book with a £10 note, and if you will get it changed I will give you something for your trouble"—he did not say what the man was to give him for his trouble—he said the man was waiting conveniently by, waiting for the change, after he had bought the watch, he bought the watch for two guineas, and when he went out he gave the man the change, and the man gave him the watch for so doing—I then took him down to the station-house.

Q. How long did you keep the note by you? A, Not a minute—my daughter went to get it changed—I am certain I gave her the same note as I received from the prisoner.

MARIA FINDLEY . On the 18th of October I received a £10 note from my father, and took it to Mr. Potter to get changed—I did not write any thing on it—I know I gave him the note I got from ray father—I saw the prisoner in the shop.

EDWARD POTTER . I am a cooper, and live at No. 37, Ratcliff-high way. I received a £10 note, on the 18th of October, from Maria Findley

—I kept it till the 1st of November, and then paid it to Mr. Jones, the clerk at Ambridge's, in St. John-street, Smithfield—I am quite certain I paid him the same note—I had no other £10 note.

SAMUEL JONES . I am clerk to Arabridge and Co., corn-merchants, St. John-street, Smithfield. I received a £10 note from Mr. Potter, and paid It into the bank of Williams and Co.—I marked it before I paid it —(looking a note)—this is the note—I wrote on it before I parted with it, "Edward Potter"—I had no other £10 note that day.

WILLIAM BEALE . I am a police-officer.

The prisoner was brought to the station-house, and I took him into custody—I asked him what account he gave of the note—he said he met a person in the Strand, who he saw pick up a pocket-book, from which he took a £10 note—(I am certain he said he saw him pick it up and take a £10 note out of it,) and he said to him," If you will get this changed for me, I will give you something for your trouble," that he then came down to Ratcliff-highway, and purchased a watch—Potter and Findley were present at the conversation.

COURT. Q. Are you certain he said he saw the pocket-book picked up? A. He did decidedly—the conversation was at the station-house—both Potter and Findley were present, and heard it—he said after he got the change, the person was waiting outside contiguous, who he gave the change to, outside Mr. Findley's door, and he gave him the change, and the man gave him the watch for his trouble.

MR. PRENDERGAST. Q. Were you before the Magistrate? A. Yet—the prisoner stated something similar then—I saw him sign the statement that be made before the Magistrate—this is what he singed—(looking at the examination)—it was read over to him before he signed it—no threat or promise was used to him—this is the Magistrate's signature—(read)—"The prisoner says I was walking with a sailor who found a pocket-book in the Strand, he took a £10 note out of It, and said he would give me a sovereign for my trouble if I would change the note—I bought the watch of the gentleman for 2l.—it is evident it could not be a stolen note, for I went to his shop several times to get Che watch regulated—the sailor was a stranger—I saw him pick it up—he would not let me look into it—he said I that was all there was in it—it was a red pocket-book—a large one—I lived at No. 4, Bett-street at the time I changed the note."

GEORGE FINDLEY re-examined. I have not made further inquiry at Bett-street since the prisoner gave me the explanation.

MR. COUCHER re-examined. My pocket-book was a red one, about the size of a small Common Prayer-book—it was formerly red, but was very dirty.

SAMUEL BROWN . I am clerk to Messrs. Courts. On the 18th of October I cashed a cheque of 18 guineas in the name of Coucher—I paid him a £10 note, No. 9961, dated the 13th of September, 1837, and the rest in gold—(looking at a note)—this is the same number and date—I We not a doubt of its being the same—I have the cheque Were—(producing it.)

MR. COUCHER re-examined. That is the cheque.

Prisoner's Defence. I have nothing more to say than the note was not stolen by me.

NOT GUILTY .

NEW COURT.—Tuesday, January 30th, 1838.

Fifth Jury, before Mr. Common Sergeant.

Reference Number: t18380129-485

485. SARAH KEYS was indicted for embezzling, on the 29th of December, the sum of 5l., which she had received as servant to, and as account of Susan Flemington.—2nd COUNT, for stealing on the same day a £5 bank-note, the property of Susan Flemington.

SUSAN FLEMINGTON . I reside at No. 19, Edgeware-terrace, Battlebridge. The prisoner was in my employ—on Friday, the 29th December, I gave her a £5 note to get changed—she went away and did not return—I did not see her again till she was in custody—I am in a business.

WILLIAM HOWARD (police-constable F 94.) From information I received I went to Rose-street, Long-acre, and apprehended the prisoner. The landlord said she frequented there—I went and asked her if she had been living at Islington, with Miss Flemington—she said "No"—I asked her if her name was Keys—she said "No"—I took her to the station, and she said she took the note and did not return it, that she changed it, and spent it is buy some things which she wore.

GUILTY . Aged 20.—Recommended to mercy by the Prosecutrix. Confined Three Months.

Reference Number: t18380129-486

486. JOSEPH EDMUND HYDER was indicted for stealing, on the 12th of December, 1 watch, value 5l., the goods of George Clamp, his master.

GEORGE CLAMP . I live at No. 124, Aldersgate-street, and am a pawnbroker. The prisoner was in my service.

Prisoner. I wish to recall my plea, as the prosecutor has promised to show me as much lenity as he could, if I do. Witness. No, you called and asked me to be merciful—I told you I would.

COURT. Q. The prisoner was in your employ? A. Yes,—I had a quantity of watches in my stock—I have missed some—five have been applied for that we cannot find—I suppose the value of them was about 10l. or 12l.—I went with the officer to the prisoner's father's house in Bartholomew-close, and gave the prisoner into custody—he was taken to the station, and then to the Compter—in the morning some of his friend went to him, and then he sent for me—I went with the officer and saw him—he said, "What I have done I am very sorry for"—I said, "you know I have missed these things," and then he told me of his stealing eight watches, where he pledged them, and the amount, also twelve silk handkerchiefs, four lace veils, a shawl, and a waistcoat—he gave me no why he did it—this is one of the watches—(looking at it)—I it.

GEORGE KING . I am an assistant to George Gray, a pawnbroker. I produce this watch, which was pledged in the name of James Williams, for Henry Wood—I cannot say who pledged it.

Prisoner. I hope for the mercy of the Court—I was driven to it by distress, and want of food for my wife and myself. (The prisoner received a good character.)

GUILTY . Aged 20.—Recommended to mercy by the Prosecutor.

Confined One Year. (There was another indictment against the prisoner.)

Reference Number: t18380129-487

487. ANN MATTHEWS was indicted for stealing, on the 5th of January, 2 yards of calico, value 6d; 2 yards of muslin bordering, value 1s.; 1 shawl, value 7s.; 1 velvet mantle, value 2l.; 4 table-cloths, value 5s.; 3s. napkins, value 3s.; 1 muslin cape, value 1s.; 1 silk dress, value 30s.; one furboa, value 2s.; 8 aprons, value 2s. 6d.; 2 pairs of stockings, value 2s.; 2 pairs of socks, value 1s.; and 1 yard of ribbon, value 3d.; the goods of Robert Cook, her master; to which she pleaded

GUILTY .

Reference Number: t18380129-488

488. ANN MATTHEWS was again Indicted for stealing, on the 20th of December, 8 sheets, value 4l.; 2 pillow-cases, value 5s.; 8 sheets, value 2l.; 1 silk dress, value 1l.; 2 table-cloths, value 10s.; 3 towels, value 2s. 6d.; 2 handkerchiefs, value 3s.; and 1 blanket, value 5s.; the goods of Robert Cook, her master; to which she pleaded

GUILTY .

Reference Number: t18380129-489

489. ANN MATTHEWS was again indicted for stealing, on the 8th of November, 1 bed, value 30s.; 1 bolster, value 5s.; and 1 pillow, value 3s.; the goods of Robert Cook, her master; to which she pleaded

GUILTY . Aged 28.— Transported for Seven Years.

Reference Number: t18380129-490

490. WILLIAM FORBES was indicted for stealing, on the 20th of January, 1 basket, value 1s.; 100 oranges, value 4s. 6d.; 14 lemons, value 9d.; 1 1/2 peck of nuts, value 6s. 6d.; and 1/2 peck of chestnuts, value 2s.; the goods of Hermon Reickers.

HERMON REICKERS. I live at No. 32, Margaret-street, Spa-fields. On Saturday night, the 20th of January, I was driving my cart in Shoe-lane, and the prisoner came to me—I did not know him—I am sure he is the man—he said, "Mr. Reickers, Mr. Hook the baker calls you"—I then left my cart, to see what Mr. Hook wanted with me—I found he did not want me—I came back to the cart, and missed the property stated, it was all in one basket—I looked about, ran down a court in Shoe-lane, and saw the prisoner with the property—he dropped it—I am sure he is the man—I have no doubt at all.

Cross-examined by MR. PAYNE. Q. Have you always been so sure about his being the person? A. Ever since these things were taken—I was confident at the station-house—Mr. Hook's I believe to be about 100 yards from where my cart was—I have not measured it—I did not go into his shop—I went to the door—when I came back to my cart I examined it—I did not know the man at all—I did not express any doubt at the station-home as to whether the prisoner was the man—they asked me to look round to see whether I should know the man, and I pointed out this man—there were perhaps a dozen there—I said, "I am sure he is the person"—I might have used the word "almost," for what I know—the person whom I saw running up the court with my things was perhaps twenty or thirty yards off—it was a very dark night—I had lost sight of the person after the property was dropped.

COURT. Q. Are you sure he is the person who dropped the property? A. I am sure of that—I said I was almost sure because I had hardly discerned the person before I said it—I am quite certain he is the person.

THOMAS BENTLEY (City police-constable No. 88.) I heard a cry of "Stop thief," and saw the prisoner running, and took him—I said nothing to him.

NOT GUILTY ,

Reference Number: t18380129-491

491. EDWARD BAILEY was indicted for stealing, on 10th the January, 2 coats, value 10s.; and 1 pair of gloves, value 1s.; the goods of John Howes.

JOHN HOWES . I am a labourer in the London Docks. On the 10th of January I had two coats—I lost them, and found them again—they were locked up in my box in the crane-room—I know the prisoner by working at the Docks—he had no business where these coats were unles he was at work.

Prisoner. I left a good apron and cap with him—we live near together.

WILLIAM CARTER . I am foreman of the warehouse. I know the prisoner—about a quarter past three o'clock I saw him coming down from the wheel-room with one of these coats on his back, and one under his arm—I asked him where he got them—he said they were his clothes—I stopped him, took one from him, and the other he had got on his back—I have known him six weeks or two months—I know nothing against his character—we have hundreds of people there.

JOHN HOWES re-examined. I never gave him permission to take the things—the box was locked, and was broken open—I did not authorise him to use him them.

Prisoner. I have worn his coat to go Home in the evening. Witness I did one night let him wear my great coat home when we were at a house together.

Prisoner. I deny breaking the box open—there are fifty or sixty men sometimes in that room—I have taken a thing from that room to house with him.

GUILTY . Aged 25.—Recommended to mercy by the Prosecutor.— Confined Three Months.

Reference Number: t18380129-492

492. ELLEN SHANN was indicted for stealing, on the 10th of January, 1 table-cloth, value 3s.; and 4 stockings, value 2s.; the goods of Henry Christoffer . (The witnesses did not appear.)

NOT GUILTY .

Reference Number: t18380129-493

493. JOHN M'NALLY was indicted for stealing, on the 6th January, 33/4lbs. weight of pork, value 2s. 6d., the goods of Thomas Cowell.

THOMAS COWELL . I live in Knightsbridge, and am a butcher. on the night of the 6th of January the prisoner took a piece of pork—I went after him—he was taken in my presence with the pork—this is it.

Prisoner. I was coming from the pay-table, and had a drop too much—I took this and asked the price; he gave me no answer—I was going into the door, became out and said, "Go along, I don't want your cusdom; that is 8d. a pound"—I beg for mercy.

JOSEPH WRIGHT (police-constable B 137.) I heard an alarm—I took the prisoner about ten yards from the prosecutor's with the pork—he said he did not like to be detained, he would pay for it.

Prisoner. No, I did not—Cowell asked me for the pork and I gave it him—I had 10s. coming to me that night, and when I got home I had but if.—I do not know whether I paid for it or not—I have a wife and five Children.

THOMAS COWELL . He did not pay me for it.

GUILTY . Aged 43.—Recommended to mercy by the Prosecutor.— Confined Seven Days.

Reference Number: t18380129-494

494. THOMAS DEAKINS was indicted for stealing, on the 13th of January, 1 hearth-rug, value 1l. 3s., the goods of Thomas Winsted Green and others.

CHRISTOPHER SHOULER . I am shopman to Thomas Winsted Green and others, of No. 88, Judd-street; they are linen-drapery. On the 13th of January I had a hearth-rug hanging inside the door—I am sure it was inside—I saw it in the evening quite safe, as late as nine o'clock—I saw the prisoner take it from the door at half-past ten o'clock—I ran after him, and saw him throw it down a gentleman's area—I followed him, called "Stop thief," and a gentleman came out of a public-house, and took him—I am sure I had not lost sight of him—I then went back to the area gate, and got it—this is it.

GEORGE SMITH (police-constable E 110.) I took the prisoner, and have the rag.

Primer. I was going up the street, and turned down the first turning to go to my lodgings—there was a cry of "Stop thief," and a boy ran past me, a person came out, and stopped me.

Witness. There was no other person in the street.

GUILTY . Aged 17.— Transported for Seven Years.

Reference Number: t18380129-495

495. GEORGE HART LAND was indicted for embezzling, on the 5th of January, the sums of 2s. 10d. and 1 shilling, the monies of James Butler, his master.—2nd COUNT, for stealing 1 shilling, the money of the said James Butler, his master.

JAMES BUTLER . I live at No. 144, Kingsland-road, and am a cheesemonger. The prisoner was in my employ—it was his. duty to receive money, and pay it to me—if he has received 2s. 10d. from Amelia Simmons, he has not paid it me—I sent Amelia Simmons for the things to my shop—he was to serve her, and place the money in the till—if he placed it in the till, be removed it afterwards—I left the shop between four and five o'clock on the 5th of January, and returned between five and six o'clock—when I left there might be 1s. In halfpence in the till—when I came back there was 14s. or 15s.—I had marked the money I gave Simmons, and it was not there—it was my money that I gave her—the prisoner was searched in my presence, and the marked shilling found in his waistcoat pocket—he had no business to put it there.

AMELIA SIMMONS . I live with my father and mother—I went to the shop, and paid the prisoner 3s., which was given me by Mr. Butler—he gave me 2d. out JAMES BUTLER re-examined. This is one of the shillings I marked, and gave her.

WILLIAM HODGE . I am the officer, I found this shilling on the prisoner.

Prisoner. A little girl came to the shop, and gave me 3s.—I had a sixpence, and 6d. in halfpence, in my pocket, which I put in exchange for one of the shillings, not knowing it was marked.

JAMES BUTLER re-examined. I would not undertake to say he did not do so, but there was money in the till to give change.

NOT GUILTY .

Reference Number: t18380129-496

496. GEORGE LUTMAN was indicted for stealing, on the 6th of January, 3 1/2 lbs. weight of bacon, value 2s. 6d., the goods of William Gunston and another.

GEORGE SARGEANT. I am in partnership with William Gunston, and live at No. 84, High-street, Marylebone, and am a cheesemonger. I know the prisoner—he has been in the habit of attending my shop—on the 6th of January I saw him, and asked him if he wanted a piece of bacon—I do not know the answer he made, but I watched him, and saw him take a bit of bacon, and put it to his nose—I went into the shop, and saw him walk off with it—I followed him, and saw his putting it into his basket—I then followed him, and said I wanted in—he said, "What for?"—I said I wanted what he had got in his basket—he said he had nothing—I said, "You have a bit of bacon"—he said he had not—I said he must come back, and then he said he was coming back to pay for it—before the Magistrate he said he was going to speak to a friend across the road, who had called him—this is the bacon.

JOHN SIMMONS . I am a policeman. I was called, and took the prisoner, and the bacon.

(The prisoner received a good character.)

GUILTY . Aged 47.—Recommended to mercy by the Jury.— Confined One Month.

OLD COURT.—Wednesday, January 31st, 1838.

Third Jury, before Mr. Serjeant Arabin.

Reference Number: t18380129-497

497. MARY AYRES was indicted for stealing, on the 27th of January, 1 bag, value 6d.; and 33 sovereigns; the goods and monies of Jonathan Laurence from his person.

JONATHAN LAURENCE . I am a gingerbread baker and confectioner, and travel about to the fairs. On the 27th of January I met the prisoner at the corner of Fleet-street, about nine o'clock in the evening, and remained with her till about twelve o'clock—I was quite sober—she spoke to me first—we walked as far as Temple-bar, and back again, and then to Gloucester-street, Tower-street—we went into a bed-room together—I gave her about 2s. 6d.—we were on the bed together—before I went on the bed, I had thirty-three sovereigns in a bag in my left hand trowsers pocket—we were on the bed for five or ten minutes, and before I got up I missed my money—my pocket was buttoned, and I had my hand in it—the light was nearly extinguished—I accused her of taking it while I was on the bed—there was not another soul in the room but her and me—she denied it—I knocked for the landlady to bring another light—another female and the landlady came into the room—I still held the Prisoner, and kept charging her with robbing me—she still denied it, and while I was holding her she dropped four sovereigns from her cloak, and five more and

the bag—a policeman was called, and he said, "Let her go, my good man, I will do what I can"—he took five sovereigns out of each of her hands—the had got her hand into my pocket while I was on the bed—I had twenty sovereigns in one piece of paper, and thirteen in another, all put into the bag, which was tied round with a piece of dirty ribbon five or six times.

Cross-examined by MR. DOANE. Q. You walked a long way with her? A. Yes—I certainly went with her or I should not have lost my money—I gave her a glass of rum, about nine o'clock, at the corner of Backfire's-bridge, and just before twelve o'clock we had another glass—I was in her company from nine o'clock till twelve o'clock—we went into two public-house.

Q. Did what you gave her to drink, affect her at all? A. No; she was perfectly sober, as sober as I was—I was quite sensible—my wife is dead, and I am a single man—I gave the prisoner two glasses of rum—I swear I did not give her any more.

CHARLES HITCHES . I am a policeman. About half past twelve o'clock I was sent for to the hole, and found the prisoner and prosecutor there—be accused her of robbing him—she said she had not any thing about her—I searched her, and found five sovereigns in each band—she then said the was very sorry for what she had done, and hoped he would forgive her—she was sober.

GUILTY . Aged 40.— Transported for Ten Years.

Reference Number: t18380129-498

498. HENRY WILLIAMS was indicted for stealing, on the 8th of January, at St. Marylebone, 11 yards of woolen cloth, value 10l., the goods of Robert Daft, in his dwelling-house.

ROBERT'DAFT. I am a tailor, and live at No. 13, Old Cavendish-street, Marylebone. On the 8th of January, about half-past five o'clock in the evening, the prisoner came into my shop—he was a stranger to me—he said he understood I was in want of a man to go on errands and do jobs—I told him he was misinformed—he left, and I shut the door—in about five minutes, being at tea in the adjoining room, I heard a great noise—a friend, who was sitting at tea with me, made an exclamation—I immediately went out, and raised a cry of "Stop thief!"—I had not then missed any thing—I ran a rely short distance, and found a piece of cloth lying on the pavement—I picked it up and gave it to my friend—I pursued the prisoner, and overtook him in Chapel-place—I knew him to be the person Waco had come into my shop before—the cloth is worth rather more than 10/.—there is about eleven yards of it—this is it—(looking at it.)

ROBERT JAY . I am footman to Lady Hammond, of Upper Berkeley-street. I was coming along and heard a-cry of "Stop thief I"—I saw the prisoner—he directly threw the cloth down at my feet—I ran after him, and saw him secured without losing sight of him, except in turning a corner—I swear he is the person who threw it down.

WILLIAM LTON . I am a policeman. I received the prisoner in charge with the cloth.

prisoner's Defence. I went to the prosecutor's shop and asked him about a situation—I had not been out of the shop three minutes, and turned the corner, before I heard the cry of "Stop thief P—a man came

running by me, and dropped the cloth—I was running at the same time and a gentleman caught hold of me.

GUILTY .* Aged 27.— Transported for Fifteen Year.

Before Mr. Justice Vaughan.

Reference Number: t18380129-499

499. ELIZABETH HODGES was indicted for the willful murder off Sarah Hodges, an infant; she was also charged on the Coroner's inquisition with the like offence.

MR. PATNE conducted the Prosecution.

MARY ANN HARVEY . I am the wife of John Harvey, and live at No. 11, Ireland-yard, Blackfriars. I attended the prisoner, Mrs. Hodges, in her confinement, which took place on the 4th of December—she lives at No. 21, Ivy-lane, Newgate-street—she was delivered of a girl—the child name was Sarah—the prisoner's husband is a butcher—his name is Richard John Hodges—the prisoner did not get through her confinement well—she never was well—on Sunday, the 31st of December, I went to the home I at ten minutes after seven o'clock in the morning.

Q. Did any thing particular occur after you had been there some time? A. About a quarter past eight o'clock Mr. Hodges came into the adjoining! room to the bed-room, and asked me to come in—the bed-room is the back room—I came from another room into the bed-room, and found Mrs. Hodges standing with her hand on the drawers—Mr. Hodges was walking about with his hands folded, in a very melancholy way, and his expresion was, "Oh God, what will become of me? what shall I do, Mrs. Harvey?" I instantly looked round, and saw Mrs. Hodges standing, perfectly coflected, by the drawers—I saw the bed clothes were put down, and inquired where the child was—I got no answer—I ran to Mrs. Hodges, took hold of her hand, and said to her, "My dear girl, what have you done with the child?—she said, "It is dead"—she did not answer me the first time I spoke to her—I asked her two or three times before she gave me any answer—when she did answer, she said, "It is dead"—I said, "Dead! my dear girl, where?" and asked her what she had done with it—she said, "In the copper"—I flew instantly into the other room where the copper was, and there I saw the baby—I did not say any thing further to her before that—I went back into the room, and said to Mr. Hodges, "What are we to do?—he instantly said, "Run for her father and mother"—they live opposite—I then took hold of Mrs. Hodges' hand, and asked her how she could do such a deed—she gave me no answer, but looked in a most wild, distracted state—I went into the other room after that, and took the baby out of the copper—the lid of the copper was on, part over it and part not there was some water in the copper, which exactly covered the child—I wrap had the child up in a blanket.

Q. Had you observed any thing particular in the prisoner's conduct previously to that time 1 A. I had, for I might say a fortnight before—she was frequently in a very melancholy state of mind—I asked her several times what was the matter—she said she did not know, she felt in that state of mind that she thought she should make away with herself—she

said the devil had tempted her very frequently—I said, "My dear girl you should not let such thoughts run in your head"—she said, "I cannot help it, Mrs. Harvey"—I have asked her if her husband was unkind to her—she said, "By no means whatever."

Q. Did you observe any thing particular on the Wednesday or Thursday before this Sunday? A. On the Wednesday before, at half-past six o'clock in the morning, I found an open razor on the table—I asked her how it came there—she said it was one of Mr. Hodges'—I said, "Mr. Hodges does not shave himself, what do you do with this razor?"—she said, "I don't know, I merely took it out of the drawer"—I said to her, You will never see it any more, for I shall take it away from you"—she laid," That is right, take it away, for fear I should do any accident or mischief"—I do not exactly recollect which—she behaved very kind and fond to the child before this.

Q. What was your impression as to her state of mind from your observation attending her as nurse? A. I have every reason to believe that at times she was not rational in her senses.

COURT. Q. Are you in the habit of attending on lying-in women? A. Not exactly so—I have done it several times, out I have worked for Mrs. Hodges for the last twelve months—when she got about she had not so much milk as when she was in bed—the milk gradually left her.

Cross-examined by MR. CLARKSON. Q. How old is she? A. Twenty-one—this was her second child—the first was a boy.

Q. Except at the period of her confinement, and immediately after, did her mind appear to be rational and proper, and as it ought to be? A. Perfectly so—the first child is alive now, and. her conduct towards it has always been that of a fond and indulgent mother—she has always expressed herself as being happy with her husband at home, and circumstances appeared to warrant that conclusion in every respect.

Q. When you first spoke to her, after being called by her husband, when she explained that the child was dead and in the copper, did she appear to feel as a person would be expected to feel, having committed such an act? A. No—she did not appear to feel any regret at what she had done—she had been confined a month within a day—Mr. Hodges was not in the habit of shaving himself—he had been in the habit of sleep. ling with her for a week previous to that—there was no reason why a person in their senses should require a razor on the occasion when I found it in the bed-room—she' requested me to put it out of the way—she appeared more herself at times—Mr. Hayes was the surgeon who attended her in her confinement—I am married.

Q. Probably you know it is not unusual when milk so soon leaves the breast for it to fly to the head? A. No, I think it is a very reasonable things—I have had several children, and am the mother of a family—the I prisoner did not tell me the time she had smothered the child—I heard her tell Mr. Hayes that—I was in the room at the time.

Q. At that time did she appear to feel what a person in her senses ought to feel? A. No—she appeared quite unconscious—she told me on one occasion, during her confinement, that she was continually haunted by the devil to make away with herself—she did not say with the child—I had I not left the room on this occasion above a quarter of an hour or twenty minutes when Mr. Hodges came to me.

COURT. Q. Then you suppose it was done in the intermediate time! A. No—when I went in the morning, at ten minutes past seven o'clock, saw her sitting in a very melancholy state by the bed-side, and I said to her, "Hallo, what up already?"

MR. CLARKSON. Q. If she had been in her senses and knew what she

was about, would she have known from your attendance on her that you would have shortly been in the room, and inquiring about the child? A. She would.

COURT. Q. Was the child cold when you found it? A. Quite—at what time this could have been done, I cannot tell—I went away at twelve o'clock the night before.

JAMES EWINS . I am the prisoner's father—she drank tea with me on the Friday afternoon before this happened—I noticed particularly that the was in a very low way then—she had the child in her lap at the time, and I noticed her being in a particularly low, queer way.

Cross-examined. Q. Did she appear fond and attached to the child, and caressing it? A. She had it in her lap playing with it, and was rubbing her head in a very particular manner—before she was married, she was a kind-hearted affectionate creature—she never gave me any trouble at any time—she always took great care of her other child, and was always fond of seeing it—it was put out to nurse—that child is fifteen months old.

LEAH MILLS . I live at No. 7, Ivy-lane, exactly opposite Mr. Hodges' house. I have known Mrs. Hodges for the last eighteen years, and was in the habit of visiting her once or twice a week—I remember her being confined with her last child—I visited her on the Sunday after she was confined, and drank tea with her—when I entered the room, she wai sit ting with her baby—I asked her how she found herself, she said, "As well as I can expect"—I asked to see the baby, and nursed it for a short time—she entered into conversation with me on different occasions, but when the nurse left the room, she said, "I have had a very terrible dream"—(I noticed that she allowed the nurse to leave the room before she repealed the dream to me)—I said, "What have you dreamt, tell me?" she said, "I dreamt that the devil came to me and told me to kill my child"—the nurse came in again, and I took no further notice, but in a few minutes the nurse left the room again, she looked round to see that the nurse was gone, and then said, "I fell asleep again, and the devil came to me again, and said, 'You must, and you shall kill your child' "—I felt terrified, and said to her, "But you could not do that?" she answered, "Oh no!" and that was all that passed.

COURT. Q. How many days had she been confined then? A. On the Monday previous.

MR. PAYNE. Q. When did you see her again? A. On the Saturday following, nearly a week after—I went up as usual, and asked her how she found herself—when I entered the room, she was sitting on the foot of the bed, with her head lying on the bed, apparently asleep—I said still sleeping, as I supposed the child cried, and I asked her if I might take it from the bed: she said, "Yes"—I took it and she suckled it—I questioned her about the quietness of the child, and her milk—she said she had not milk enough to satisfy it, and that day she had been feeding it and it was dissatisfied when the spoon was removed from its mouth—I asked her if she would allow me to buy her a feeding-boat—she allowed me to do so, and I bought one—I know nothing more concerning the child—I did not see her again until the Sunday morning after the child's death

—I had heard what took place, and. went instantly over to her house—she was walking up and down the room with her hand to her head—I said to her "What have you done?"—she did not answer—I think this was about half-past eight o'clock or twenty minutes to nine—I then went and saw the baby, and fetched Mr. Hayes, the surgeon.

Q. What is your opinion of the state of her mind? A. I do not consider she was in a sane state of mind, nor bad she been so for, the last six months—I have seen a visible change in her for the last six months, in the total neglect of her person, and never wishing to go out on any occasion, nor wishing to see any company at all.

Cross-examined. Q. That was during the time of her pregnancy? A. It was—I am not married.

JAMES HAYES . I am a surgeon, and live in Newgate-street I have been in the habit of attending Mrs. Hodges, and attended he in her last confinement—the child was born previous to my getting there—it was born about a month before she expected—I remember being called in on. Sunday morning, the last day of December, and saw the child—it was lying on the table, wrapped up in a blanket, dead—I observed a dark livid appearance on the face of the child, as if it had been smothered—then was no appearance round the neck of any compression, but merely on the fcce—I went into the room where Mrs. Hodges was, and said to her, "This is a shocking business, Mrs. Hodges: how could you do this; how was it?"—she was not at all communicative to me, but at last she said she had smothered the child, by placing a pillow over its face—I asked her if the child struggled at all—she said it. struggled a little—she said she afterwards took it into the other room, and put it into the copper, having previously put some water into the copper—I asked her what time she did it-her answer was, before her husband came to bed—I asked her how she could do it—she gave no answer to that—I fanned the greatest difficulty to getting answer from her.

Q. Had you observed any thing with respect to her milk? A. She had no milk for about a fortnight previous to that—I understood so from inquiries—that would very likely have an effect on the head of a person to circumstanstanced.

Q. What is your opinion of the state of her mind? A. At that time I consider she was not at all aware of any thing she did—she was not conscious—she was very ill for some time afterwards, so much so, that her life was despaired of.

Cross-examined. Q. You have been consulted on the propriety of suffearing her to plead to-day? A. Yes—I am of opinion that she has to a considerable extent recovered her self-possession—I think her in a state of perfect consciousness now, and fit to take her trial—it is not unfrequented for women during parturition, and shortly after, to be affected with a mania peculiar to that state—it is called puerperal mania—deficiency of milk, and the milk flowing upwards, would very probably cause such consequences.

COURT. Q. You have seen many instances, probably, of that? A. Yes.

MR. CL ARKSON . Q. You observed a deficiency of milk on this occasion? A. Yes, as well as with her first child.

Q. Except at the period of pregnancy and parturition, and immediately after has her conduct been perfectly rational, and like other people? A.

Quite so—I have known her from a child—the mania is only during the time she is pregnant, and a short time afterwards.

Q. When you questioned her, were her answers those of a person collected, or were they dogged, surly, and unconcerned? A. I should say they were surly and unconcerned—her conduct to the other child was particularly kind, and she was very anxious about it.

COURT. Q. Did you observe when you first saw her that there was a larger flow of milk than usual? A. She had more milk with the second child than the first, at first.

MR. CLARKSON. Q. While confined to her bed this there a greater flow of milk than afterwards? A. Yes; then the milk left her.

COURT. Q. The sudden leaving of the milk is very commonly the consequence of determination to the head? A. Yes.

NOT GUILTY—believing her to be insane at the time of committing the offence.

Reference Number: t18380129-500

500. BENJAMIN SIMPSON was indicted for embezzling and stealing the sum of 71., which he had received on account of John Merier Bosville Durrant, his master; to which he pleaded

GUILTY . Aged 53.—Recommended to mercy by the Prosecutor, having received a good character.— Confined One Year.

Reference Number: t18380129-501

501. BENJAMIN SIMPSON was again indicted for embezzling and stealing the sums of 30l., and 10l., which he had received on account of his said master; and also for stealing 1 gelding; upon which indictments no evidence was offered. NOT GUILTY.

First Jury, before Mr. Recorder.

Reference Number: t18380129-502

502. WILLIAM CHAUNT was indicted for burglariously breaking and entering the dwelling-house of Henry Pace and another, about the hour of ten in the night of the 6th of January, at St. Mary Matfelon, alias Whitechapel, with intent to steal, and stealing therein, 1 watch, value 16l. the goods of the said Henry Pace, and another.

MR. PAYNE conducted the Prosecution,

ROBERT BAKER . I am assistant to a surgeon, and live at No. 74, Sun-street, Bishopsgate. On the night of Saturday, the 6th of January, I was in Whitechapel, between nine and ten o'clock—I was passing the shop of Messrs. Pace's, and saw the prisoner deliberately break a pane of glass then introduce his hand, and run away—(I am certain it was past nine o'clock)—I thought, from the way in which he introduced his hand a second time, that he had taken something—I instantly pursued him, feeling convinced that he had stolen something—I overtook him about forty or fifty yards off, and laid hold of him—I charged him with the theft—he made no reply—I held him for some time—several persons surrounded me when I took him—a policeman came up—the persons in treated me to let him go, and he would no doubt have effected his escape had not the policeman come up—I then gave him in charge—I am positive I secured the persone who put his hand into the shop-window—I went back with him to the shop—I do not recollect hearing him say any thing there—be was searched

in a room adjoining the shop in my presence, but nothing was found then—his jacket, waistcoat, and trowsers, were taken off at that time.

Prisoner. I found the watch which was taken from me up by the Mansion-house in the City—it was not me he saw do it—there were several there, and he picked me out from among them. Witness. I am positive he is the man who did it—I was not two feet behind him.

HENRY WALLIS . I am shopman to Messrs. Henry and Charles Pace, watch and dock makers, who live in the parish of St. Mary, Whitechapel—it is the dwelling-house of them both—they have no other partners. On Saturday, greater f January, I was attending to a customer, just before ten o'clock, and heard a pane of glass broken—it wanted about ten minutes or a quarter to ten o'clock—we have watches and clocks in the shop—I immediately ran to the window, and saw a man's hand introduced through the broken glass and take up the watch—the watch was produced to me a week after by the officer—it is worth sixteen guineas, and is the property of my masters—it a the watch I saw taken.

Prisoner. I found the watch in the street, and therefore thought it belonged to me.

GIBBS LEEDS (police-constable H 100.) On Saturday night, the 6th of January, I was on duty in Whitechapel, and saw Mr. Baker, who gave the prisoner into my custody—there was a scuffle between them when I went up, and other persons were about—I took him into Mr. Pace's back parlour, and searched him, but did not find the watch—he said that a man had shoved his (the prisoner's) elbow through the window, and made him break the glass—I took off his jacket and trowsers, but found nothing on him—I took him to the station-house and searched him again, but found nothing—he was then taken to Lambeth-street—he was in custody from the time I took him until he was taken to prison—he could not have found the watch by the Mansion-house.

Primer. Q. Did any body offer to rescue me? A. There were sveral persons round, and a woman told me several persons were trying to rescue him from the man who stopped him, but I did not see that—when I came up, all the parties round dispersed directly.

ROBERT DAVIS . I am an officer of Lambeth-street police-office. The prisoner was brought there on the 8th of January—I did not search him then, hut from information I received, I went to Clerkenwell New Prison, on the 10th, and searched him there, but found nothing on him—he had nothing about him at that time, I am sure—on the 12th, after his examination, I stripped him in our lock-up room, and when I came to his stockings, I found the watch concealed in the upper part of the stocking of his left leg, in the hollow of his knee—the part of the stocking was folded up, and this watch in it—it was quite clean and wrapped up in a bit of paper.

HENRY WALLIS re-examined. This is my master's watch—I know it by the make altogether—it passed through my hands several times—I put the stamp in the case myself—it was in the shop window that night—the number is 2557—it is worth sixteen guineas at a selling price—good watches are not cheaper than formerly.

Prisoner. This watch does not belong to the gentleman. Witness. It belongs to my master—I put the number on both the cases myself.

GIBBS LEEDS re-examined. The prosecutor's house is in the parish of St. Mary Matfelon, alias Whitechapel.

Prisoner's Defence. I picked the watch up.

GUILTY . Aged 35.— Transported for Ten Years.

Reference Number: t18380129-503

503. JOHN READING was indicted for a robbery on James Terry the 6th of January, assaulting him, and taking from his person and again his will, 1 cap, value 6d.; and 1 handkerchief, value 6d.; his goods.

JAMES TERRY . I live with my father, at No. 12, Ashby-street, Battlebridge. On Saturday, the 6th of January, I was coming up Well's court with a bundle under my arm, and saw the prisoner there—he col lard me and demanded my money or my life—I thought it was done seriously—there was another boy behind me who came and tripped me up, and the prisoner put his hands into my pocket—I had nothing in my pocket but a turnip—he stole my cap and handkerchief—my handkerchif was in my cap—he pulled my cap off—I do not know what he did with it—I have not found it since—I did not see him run away with it—I knew him by being called Catchall, which is his nickname—I did not know where he lived, but had seen him before, and heard his name called—be is rather less than me—the other boy was bigger than me—I am in the habit of having money in my pocket on a Saturday night—sometime I have a sovereign, and sometimes only 2s. or 9s. to go to Somers-town on errands—I thought the assault was with intent to rob me—what became of my cap and handkerchief I do not know.

Prisoner. He was coming up Weller's-court—I had just come from work—I and two or three more were at play there—another shoved me against him, it knocked his cap off, and he ran away without it—I waited for him, and saw him on Sunday, and said to him, "Will you come down and fetch your cap, it is oh the dunghill." Witness. He did not tell me so.

COURT. Q. You did not see him run away with your cap and handkerchief? A. No, I did not see what was done with it—I never said I saw him run away with it—(looking at his deposition)—this is my mark—it was read over to me before I signed it—(The witness's deposition being read, contained these words, "The prisoner ran away with my cap and handkerchief.")

Witness. I did not see him run away, and do not think he did run away—I pointed him out to my father on the Saturday night, and my father went home to his tea, and then went to the station-house.

Prisoner. He said to me, "You will catch it for it." Witness. I did not—I had never played with the prisoner, and never spoke to him.

JAMES CARTER (police constable S 140.) I took the prisoner into custody in Weller's-court, between three and four o'clock on Wednesday, the 10th of January—I told him it was for stealing a cap and handkechief from James Terry on the Saturday night—he said he was larking with lot more of them, and took his cap off, but did not search his pockets—he said at the station-house that he threw the cap on the dunghill—I went there, but could not find it—it is a place where there is a regular gang of these lads, reputed thieves—I have seen the prisoner about there before.

Prisoner's Defence. I say now the same as I said at the station, house—I was merely playing—I knew the boy, and have often played with him in Ashby-street—I only did it out of a joke—he did not fall at all, and I called him back to have his cap.

JAMES TERRT re-examined. I was not called back at all, nothing was said to me to come back—I had my bundle still with me, that was not taken from me—I did not stop to see where my cap fell—I did not see him go off with it—I did not say so before the Magistrate—I never played with the prisoner at all—I never spoke to him.

Prisoner. Q. Was you not playing with me about three days before? A. Never.

NOT GUILTY.

Reference Number: t18380129-504

504. DAVID DAVIS was indicted for stealing, on the 6th of January, 5 knives, value 2s.; and 4 forks, value 1s.; the goods of Thomas Mackay.

HANNAH BARRETT . I am single, and live in the service of Mr. Thomas Mackay. landlord of the Star and Garter, in St. Martin's-lane, On Sunday afternoon, the 6th of January, I saw the prisoner go to the privy, which is close to the kitchen where I was—there Lad been some knives and forks no the kitchen dresser—the prisoner remained in the place some time—I had occasion to leave the kitchen, and in about five minutes I saw the prisoner come out of the kitchen and go back to the place—I heard the knives rattling, and missed the knifes and forks from the kitchen—the prisoner was caught coming out of the water-closet, and the knives and forks were produced.

PETER JOSLIN . I am a policeman. I searched the privy at the prosecutor's house, and found down below in the privy five knives and four forks the prisoner said he knew nothing about them.

Prisoner's Defence. I went to the house on Saturday—I had half a pint of beer, and went to the water-closet, and met a person coming from there as I went down.

(Property produced and sworn to.)

GUILTY . Aged 32.—Recommended to mercy.— Confined Three Months.

Reference Number: t18380129-505

505. GEORGE MASON, alias M'INTOSH , was indicted for stealing, the 11th of January, 1 butter firkin, value 6d.; and 45lbs. weight of butter, value 37s.; the goods of Edward Lees.

CHARLES WILLIAM JONES . I am in the employ of Mr. Edward Lees, of Pitfield-street, Hoxton, he is a cheesemonger. On the 1lth of January we had twenty firkins of butter standing off the curb—the corner one was taken from the others—a pork butcher's lad ran over and gave us information—we ran out, and were directed down the opposite street—I and ray master ran into Charles-street, and saw a man at the other end of it with a tub of butter on his shoulder—I hallooed, "Stop thief!" and almost directly heard him throw it down—while he was in the act of throwing it down' my master came up to the butter, and stood by it while I pursued the thief—I cried "Stop thief!" all the way, and had him taken in Brunswick-place, where he was stopped and taken into custody—he was out of my sight for half a minute, while he turned the corner—I thoroughly believe him to be the man who had the butter—I saw no other person—I merely lost sight of him while he turned the corner, for half a minute.

Cross-examined by MR. DOANE. Q. Was it not rather dark? A. It was a moonlight night—I never saw more than the back of the man—I saw the firkin on his shoulder—I never saw any thing except his back, not while he had the butter in his possession—master ran out with me—he is not here—there is another witness here who ran after him—he was a stranger to me at the time—I did not see him drop the tub, but heard him drop it—the other boy ran with me, and afterwards got before me—when I first saw

the prisoner, my master was running with me, but the lad was in advance of me.

Q. Can you positively say the prisoner is the person who was running with the firkin? A. I have not the least doubt in my mind that he is the person—directly I reached the corner I saw him running on the same side of the way—it was a person of his appearance and figure—I have no doubt of him, nor ever had—the butter stood off the curb, waiting to be put down into the cellar.

COURT. Q. Did the back of the man who was running appear the same as you had seen with the butter? A. Yes—he seemed a person of similar appearance—there was no crowd of persons, and I saw none running with the prisoner.

EDMUND OLIVER . I live at No. 2, Gee-street, Goswell-street, and am an errand-boy. On the evening of the 11th of January, I was coming out of Mr. Kelly's house, opposite the corner of Charles-square, and saw the prisoner drop the tub of butter off his shoulder—I am certain it was him—I pursued him, and he was stopped in Brunswick-place, without my losing sight of him.

JAMES MEAGHER (police-constable N 33.) On the 11th of January I was on duty in Brunswick-place, and heard a cry of "Stop thief!"—I saw the prisoner running very fast—I pursued him about one hundred yards—I called to him when within a yard or two of him to stop, and he then called "Stop thief!"—I took him into custody, and the two last witnesses identified him, and said he was the person who stole the firkin of butter—I took him to the station-house, searched him, and found two duplicates and a knife upon him—I have the firkin here.

Cross-examined. Q. Had you been in the street for any time before yon heard the cry? A. No—I came out of the square into the street—he was the first person I saw running—I looked behind me and saw the others running after him, calling "Stop thief!"

Q. Well, anybody running before him could have got" out of sight? A. No, they could not—I looked round to where the cry of "Stop thief" was.

(Property produced and sworn to.)

JURY to CHARLES WILLIAM JONES. Q. How far is it from the spot where the butter was dropped to where the prisoner was taken? A. Better han one hundred yards—he kept running till he was taken—I saw nobody ahead of him.

GUILTY . Aged 31.— Confined Six Months.

Reference Number: t18380129-506

506. WILLIAM AXTELL was indicted for stealing, on the 4th of January, 36 trusses of hay, value 4l. 17s. 6d., the goods of James Mason and another.

MR. PHILLIPS conducted the Prosecution.

JAMES MASON . I am a hay salesman, and am in partnership with a lady named Brown. On Thursday, the 4th of January, the prisoner came to me in Smithfield, and bargained with me for a load of hay, which was to come to 4l. 17s. 6d., and according to agreement paid me 5s., and said he would send the rest by the man—the giving the 5s. was his voluntary offer, not a demand made by me—I told him that when the man arrived with the hay he would ask for the remainder of the money—(it was to be delivered in Cromer-street)—he said the money should be sent back—

I sent Thomas Tookey, the farmer's man, with it—he is not my own servant—I gave him directions to receive the money before he delivered the hay—he was not to come back without the money—the prisoner was aware of those directions—he did not hear them given, but I told him the man would ask for the money—Tookey left with the hay about half an hour after I sold it.

Q. When the prisoner gave you the 5s., what did you say to him? A. I said, "The man will ask you for the rest when he arrives with the hay"—he said, "Very well, I will give it to him"—the prisoner was a stranger, which made me so particular—this was about half-past twelve o'clock—Tookey was not present at the time—I sent the hay—it was the property of myself and partner—we were answerable for the money—next morning I saw the prisoner at Battle-bridge, and said to him, "You have been swindling me out of this load of hay"—he replied, "I should have paid the man, but was disappointed in taking the money from that person," pointing to a person in the road.

Q. Did he appear to you to have been in company with that person? A. No—he was separated from him at the time—I said, "If you do not pay for that load of hay you have bought, in the way you have agreed, I shall give you into custody"—he said, "I cannot pay because that man has not paid me"—I then gave him into custody—I remember looking through a stable-door, near Battle-bridge—I could Dot tell whether it was the prisoner's stable, or I should have broken it open.

Q. Did he say any thing to you about if? A. He said he had lost the key of the place—I saw a few trusses of hay there—I said, "What have you done with it?"—he said he had sold part of it to a friend—I merely had a casual view of the place—I suppose I saw six or seven trusses there.

Cross-examined by MR. DOANE. Q. Did you furnish a bill of parcels? A. I gave it to the man—the policeman has it—the man did not bring it back again—it was found in the prisoner's possession afterwards—I am accustomed to dealing in hay—I never knew it was the custom to pay 5s. in advance—I never met with it—if he had paid me the money next morning, I should not have taken him into custody—I told the carman to get the money before he delivered the hay—the prisoner had agreed to pay me for the hay, and if he had paid me in any shape, of course I should have been satisfied—I told him before the Justice that he might pay if he chose, and the Magistrate told him so too—he said, "You can pay for it now if you have the means, if you intend to pay for it you may, but if you will not, you must go to gaol."

Q. Did the prisoner tell you he had furnished some hay to a friend? A. He said he had sold part to a friend—he did not point out the individual he had sold the hay to—that was the man he said he was to have had some money from, and who was the cause of his not being able to pay—he said he did not intend to swindle me, and the reason he could not pay was the man disappointing him.

COURT. Q. Is it the custom to have ready money for the sale of hay? A. With strangers it is.

MR. PHILLIPS. Q. Did the proposition to hand out the 5s. come from himself? A. Yes; not from me—he got the 4l. 17s. worth of hay for

5s.—I have never got a farthing of it since—I am in a very large way of business, and am very well known in the market.

THOMAS TOOKEY . I am carter to Mr. George Ellis. On the 4th of January I took this hay for the prosecutor to the prisoner's residence, as he represented—he took me to No. 108, Cromer-street, which is a beer-shop—that was the place to which I was originally directed to take it—I saw the prisoner when I brought the hay there—I asked him whether he had bought it, whether it belonged to him—he said "Yes"—he said "You must come along with me"—I gave him the bill—he did not ask me for it—it was for 4l. 12s. 6d.—it was a bill of parcels—he was to pay me that—when I gave him the bill, he said, "Come along with me"—he took me to Battle-bridge mews—I undid the ropes, and delivered the hay into the stable—there were thirty-six trusses—he took them into the stable himself—I then asked him whether he was going to pay me—he told me I must go up to Cromer-street again—I did so, and took the empty cart along with me—when we got there he went into the house—he went into the front door and came out again, and told me his wife was not at home, that she was gone to the other end of the town—I am quite sure he said his wife was not at home—I am sure he told me it was his wife—I told him it did not matter to me about his wife, I wanted the money—he said, "You must come along with me up Cromer-street, to go into Gray's Inn-lane, to my sister"—he told me to stop in Gray's Inn-lane—I did so, and he ran down the street, and came back to me, and told me his sister was not at home—I told him I wanted the money, 4l. 12s. 6d., and said he must go back to Mr. Mason's with me, or else pay me then—he said, "Do you think Mr. Mason will doubt my word for 4l. 12s. 6d.?"—I said, "Yes, perhaps he might"—he said I was to go up into Cromer-street with him again—he did not go all the way with me—he went about half-way up the street and then sent one of his men with me, as he called him, and said he would be back in about ten minutes—I went to No. 108, Cromer-street, and waited till half-past six o'clock in the evening—I went there about three o'clock—he never came back, and I went back to my master without the hay or money.

RICHARD MARTIN . I am a policeman. I apprehended the prisoner on this charge—I asked him if he was married—he said he was not—I am certain he said so.

SAMUEL BURTON . I know the prisoner, and know the stable at Battlebridge—our horses stand in the next stable—I saw the hay go in one evening, (I do not recollect the day of the month,) and next morning I saw a cart with a grey horse, and two men loading it—one was loading and the other putting hay out of the loft into the cart—I cannot swear it was the same hay—it was hay—it was between five and six o'clock in the morning—I saw nearly half a load put on before I left the yard, (about eighteen trusses,) and I left them loading still.

Cross-examined. Q. It is not uncommon to work at that time in the morning? A. No—I have harnessed my horse at five o'clock in the morning, before this—I did not see how much hay was in the stable.

MR. PHILLIPS. Q. Was it daylight? A. No.

MR. DOANE to RICHARD MARTIN. Q. The prisoner had several examinations, I believe? A. Two—he was allowed to go at large and surrender, but he did not come for two hours after the time, at the second examination, not till the prosecutor had left, and he was then remanded again.

(MR. DOANE, on the prisoner's behalf, urged, that having purchased the hay, it was simply a debt, and not a felony.)

GUILTY . Aged 21.— Transported for Seven Years.

NEW COURT.—Wednesday, January 31st, 1838.

Sixth Jury, before Mr. Common Sergeant.

Reference Number: t18380129-507

507. JAMES WILSON was indicted for a misdemeanor.

MR. ELLIS conducted the Prosecution.

FRANCIS ACTON . I am a beer retailer, and live at No. 4, Elm-street, Gray's Inn-lane. On Saturday, the 30th of December, I saw the prisoner, between eight and nine o'clock, at my house—he came for half a pint of fourpenny ale, which came to a penny—he gave me a half-crown—I gave him 2s. 5d. In change—he took it and went away, and the ale he drank—I put the half-crown into my left-hand waistcoat pocket—I had no other money there, I am sure—my son found out that it was bad—it had not been out of my possession—I wrapped it up in paper, and put it into a drawer—in half an hour or an hour the prisoner came again for half a pint of fourpenny ale, and offered me half a crown again—I looked at it, put on my glasses, and told the prisoner it was bad—I sent for the policeman, marked the half-crowns, and gave them to the officer.

THOMAS LOW (police-constable G 84.) I took the prisoner, and received these two half-crowns from the witness—I found nothing on the prisoner but a farthing, which I gave him back.

JOHN FIELD . I am Inspector of coin to Her Majesty's Mint These half-crowns are both counterfeit.

GUILTY . Aged 25.— Confined Six Months.

Reference Number: t18380129-508

508. JAMES PEARCE was indicted for a misdemeanor.

MR. ELLIS conducted the Prosecution.

THOMAS HOLLIDAY . I am shopman to James Anderton, a grocer—he lives at No. 26, Old-street, St. Luke's. The prisoner came to the shop on Tuesday, the 16th of January, between five and six o'clock in the evening—he asked for some articles of grocery—I cannot tell what—he gave me a sixpence—I slipped it into the till—there was other money there—soon after I found in the till a bad sixpence—that is all I know.

EVAN DAVIS (police-constable G 192.) I was observing the prisoner on this Tuesday, about five o'clock—he was in company with a female in Old-street—I saw him in Holliday's shop—he came out, joined the female, and the female received something from him—I followed him along Old-street, and I saw the female part from him—I seized him by the throat—we had a scuffle—he fell down, and some sixpences came out of his mouth—I picked up two—I then went for a candle and picked up two more at the same place—they came from his mouth—he very much resisted my taking him.

JAMES BRANNAN (police-sergeant G 20.) I assisted Davis on this occasion—I saw two sixpences fall from the prisoner's mouth, which I have here—I got this sixpence from Holliday, at Mr. Anderton's—(producing it.)

MR. JOHN FIELD . These sixpences are all counterfeit, and all from the same mould.

Prisoner. The only remark I wish to make is, that I should never have been placed in this situation, had it not been for James Duke, of No. 2, Davis-court, Chequer-alley—I was going down Chequer-alley, and me the woman who lives with him—she asked me to go and have some tea with her—when I went up, Duke drank a cup of tea and went our-then the woman asked me to take a walk with her—we went to Old-street, and there she gave me something to mind—not knowing what it was, I had the curiosity to look at it, and up came two policemen, and took me into custody—I was taken to the station-house and searched, and there they said that I went to a grocer's shop, which was false—the woman went that herself, and I do not know what she wanted there—this is the first time I was ever taken on such a charge—I hope you will have mercy on me.

THOMAS HOLLIDAY re-examined. It was the prisoner brought the six-pence.

GUILTY .* Aged 22.— Confined One Year.

Reference Number: t18380129-509

509. WILLIAM JONES was indicted for a misdemeanor.

MR. ELLIS conducted the Prosecution.

PHILLIP HARROLD . I am a shoemaker, and live at No. 10, King-street, Islington. I have seen the prisoner several times—on the 16th he brought a crown-piece to my shop, with intent to buy a pair of shoes, about five o'clock in the afternoon—I gave him the shoes—they came to 2s. 9d.—he gave me a bad crown—I said it was bad—I was packing up the shoes—I did not give them to him—he said he did not know it was bad, and returned me the 2s. 3d,—he asked me to let him have the crown-piece—I refused, and he said he would fetch some person to make me—he went away, and I did not see him again till the 21st, when he was in custody—I gave the crown to my daughter to take care of.

ELIZA HARROLD . I was in my father's shop when the prisoner came in—I received a crown from my father, and put it into my pocket—I kept it separate—I marked it, and gave it to the officer—it had not been out of my sight before I marked it, and gave it him.

HENRY EVANS . I am a beer-seller, and live in Cumberland-row, Islington. The prisoner came to my shop between five and six o'clock, on Tuesday evening, the 16th of January—he called for a pint of 6d. ale, which came to 3d.—he presented this half-crown—I had suspicion that it was bad, and sent my apprentice Stocks to get change for it—in the meantime the prisoner said he was in a hurry for his change—I said I had sent out for change—he said, "Very well"—Stocks came back and said it was bad—the prisoner said he had no more money—I sent for an officer—he went out, and left his jug and the ale behind him—he was brought back by the constable—in the meanwhile one of the officers came in, and took the half-crown and marked it, and then I put it into my pocket—the prisoner had a hat on when he was in my shop, but when he was brought back he wore a cap.

GEORGE STOCKS . J received the half-crown—I took it to the hairdresser's at the corner—he said it was bad—I took the same one back, and the officer had it.

CORNELIUS HANNAN (police-constable N 213.) I took the prisoner in

consequence of an alarm—I took him to Mr. Evans—he was taken and discharged.

CHRISTOPHER NORTH (police-sergeant N 17.) I took the half-crown, marked it, and left it in a drawer in the station-house.

JOHN COLLINGS (police-sergeant N 24.) I found the half-crown in the drawer at the station-house.

WILLIAM CHING (police-constable N 61.) I took the prisoner on the 23rd of January, and received this crown from Eliza Harrold.

MR. JOHN FIELD . These half-crowns are both counterfeit.

GUILTY . Aged 22.— Confined Six Months.

Reference Number: t18380129-510

510. JOHN KING was indicted for a misdemeanor.

MR. ELLIS conducted the Prosecution.

ELIZABETH NOTTAGE . I keep a shop at No. 80, Parson's-street, Wapping. I saw the prisoner in my shop on Sunday evening, at half-past eight o'clock, on the last day of December—he asked the price of oranges—I said, "Two for three halfpence"—he said, "Give me four"—he laid down a half-crown—I said to my little grandson," Come and look at this"—he said, "It is good," and I gave the prisoner 2s. 3d.—he then said, "I think I have got halfpence"—I gave him the half-crown back—he then said he had not halfpence, and gave me a bad half-crown—I gave him the change, and as soon as he was gone the child said it was bad, and ran out after him with the half-crown in hit hand.

HENRY MITCHELL . I was in my grandmother's shop—I saw the prisoner put down a good half-crown—I said it-was good—he took it up again with one hand, and said he had got halfpence enough—then he said he had not, and he put down a bad half-crown—he went out, and directly I found it was bad I pursued him, but did not find him—I had the half-crown in my hand—when I came back I gave it to my grandmother—I taw another man outside the shop, who ran away with the prisoner.

Prisoner. He said he gave the half-crown to the policeman. Witness. I gave it to my grandmother when I came back, and she gave it to the policeman directly.

WILLIAM TURNEY . I am another grandson of the witness. The prisoner came in and asked for four oranges—he put down a half-crown, and then he said, "I think I have got halfpence"—he said, "No, I have not," and then put down a bad half-crown—he had taken up the first one.

WILLIAM PERCY (police-constable H 71.) I was sent by the lad after the prisoner—we could not find him—I got this half-crown from Mrs. Nottage—(producing it).

JOHN HAWKINS . I am son of Martin Hawkins, he keeps the White Hart, Rosemary-lane. I saw the prisoner about a quarter past three o'clock on Thursday, the 11th of January, he came with another young man for half a quartern of gin, which was 2d.—he offered me a half-crown—it was bad, and I called my mother—I gave the half-crown to my mother—I went for the policeman—I stood inside the counter—I put my back against toe street door to keep him in, and got the officer—the prisoner had the naif-crown—the other man ran away.

MARGARET HAWKINS . I got the bad half-crown from my son—I returned it back to him, and told him to give it to the officer—I knew toe prisoner—he had been at my house about three weeks before, and he

gave me a bad half-crown then—I gave him 2s. 4d. change—I showed it to the person in the bar—he snatched it out of the bar and swallowed it JOHN HAWKINS. I got this back from my mother—I went out into the street, and gave it to Driscoll.

PIERCE DRISCOLL (police-sergeant H 24.) I received this half-crown and took the prisoner—he had this good half-crown in his hand.

MR. JOHN FIELD . These half-crowns are both counterfeit.

Prisoner. I was taken into custody on the 11th, for uttering a counter. feit half-crown, and remanded till the Tuesday—it was uttered at a public-house kept by Mr. Hawkins—I went there and had half a quartern of gin, for which I gave a half-crown—the boy ran out, and I was taken into custody—afterwards, a woman belonging to the green grocer's said that I had paid one bad half-crown to her on the 14th, when I was in custody, but she could not swear to me; but a little boy was standing there, he swore to me; it was a young man of the name of George Williams, and a young woman, and they had two months, and were fined 5l. for uttering—when I was remanded to the lock-up place Williams told me of it. GUILTY . Aged 22.— Confined One Year.

Reference Number: t18380129-511

511. GEORGE EDWARDS was indicted for a misdemeanor.

MR. ELLIS conducted the Prosecution.

SARAH CLARK . I am the wife of Edward Clark, he is a warehouseman, living at St. Pancras. I saw the prisoner, between four and five o'clock on the 11th of January, at the White Bear-tap—I was attending there—he came in, and appeared as though he had hurt his leg—three females followed him in directly afterwards, and said they hoped he was not hurt—he said, no, what would they take—one said a small glass of brandy—he gave me a crown-piece—it was a bad one—I refused it—he gave me a half-sovereign—I gave him a crown, half-crown, and 25.3d.—in a minute after he asked me to give him 2s. 6d. for the half-crown—I feel sure the half-crown I gave him was good, but I could not swear it was not the same he gave me back—I suspected he had changed it for a bad one, and asked a gentleman to give me change for it—he refused it—I returned it to him—the gentleman advised me to send for an officer—the prisoner said it was the same I had given to him—I was certain it was not, and he threatened to summons me for it the next morning—I then sent for an officer; and while he was being kept, he attempted to swallow the half-crown, but was prevented.

Prisoner. On the first examination she stated that I offered no crown but only the half-sovereign. Witness. I stated the same that I do now.

GEORGE GYMER . I was present—this half-crown was handed to me to give change—it was handed back to the prisoner—he took it in his hand and walked about, and then I saw something in his mouth—one of the people seized him, and it fell from his mouth—a young man caught it and marked it, and gave it to the officer.

EDWARD WILSON . I am a porter at the Coach and Horses, Holborn. I was called in, and saw the prisoner—I fetched the policeman, and saw the prisoner, two or three minutes before the officer came in, put something into his mouth—I seized him, and the half-crown came out—a man caught it, and marked it, and gave it to the officer—I was at the justice room—

the prisoner was searched—he then appeared very ill, and retched, and two crown-pieces and one halfpenny came out of his mouth—they were warm tod smoking with heat.

Prisoner. He said he was not positive that they came from my mouth—he saw them on the ground. Witness. He had been stripped naked before, and they could not have come from any part of his body but his mouth—they were warm and wet, and he was retching at the time—his face was down.

Prisoner. His back was towards me, he could not see them come from my mouth.

JOSEPH INGHAM . I was with Sarah Clark on the day the prisoner put the bad half-crown into his mouth, and I caught it as it came from his mouth.

Prisoner. I was going to bite it to try if it was bad—I did not have it in my mouth.

HENRY STEWARD . I was at Guildhall when the prisoner was searched—after he had been searched, and his clothes put on again, I saw him retch very much, and I watched him very closely—I saw him going to pat his right hand up to his mouth, but I prevented him by knocking it down, and two five shilling pieces and one halfpenny came out from his mouth.

Prisoner. In coming from the White Bear Tap he said to one of the witnesses, "I will make an Old Bailey job of this"—the other said, "Will you?" "Yes," says he—the witness said, "How can you?" Witness. I did not say so—I am a cabinet-maker by trade, and live at No. 7, Evangelist-court—I never had such a job in my life before.

Prisoner. The crown-pieces never came from me as I am, here a living sinner—he picked them up while I was putting my boots on—he said, "Look here, what is here?" and the other man said they came from my month—this witness is capable of swearing any thing—if he gets his expenses this sessions, he will have somebody else next time.

THOMAS HERDSFIELD . I was sent for to the White Bear Tap—I found 1 watch, two shillings and sevenpence in copper, in the prisoner's pocket, all good—I picked up two crown-pieces and a halfpenny—I do not know who they came from—I did not see him drop them—this is the half-crown I got from Ingham.

MRS. CLARK re-examined. The price of the brandy was threepence.

MR., JOHN FIELD . This half-crown is counterfeit, and also the two crowns, and they are both alike.

Prisoner's Defence. Those two crown-pieces never were about my person at all—the witness must have put them down on the floor, and swore that they came from my mouth—they were never in my possession at all, if I were on my death-bed this minute—my solicitor said the trial would not come on till Thursday, but I heard last night that I was to be tried, and then I could not write—I wanted to write to Mr. Moore, a boot-maker, in Ironmonger-row, near St. Luke's—I was with him eight yean nearly, I have left him nearly three years—I wanted to send for him and another witness—I was in liquor at the time—that made the witnesses take advantage of me, and produce the two crown-pieces.

GUILTY . Aged 23.— Confined Two Years,

Reference Number: t18380129-512

512. WILLIAM BROWN and ANN BROWN were indicted for a misdemeanor.

NOT GUILTY .

Reference Number: t18380129-513

513. JOSEPH HASLAR was indicted for perjury.

(Upon which no evidence was offered.)NOT GUILTY .

Reference Number: t18380129-514

514. ARTHUR BATTERSBY, alias Henry Napier Disney, was indicted, for that he, on the 15th of June, at Wellesbourne, in Warwick, did marry one Ann Muckleston, spinster; and that he, whilst he was to married, to wit, on the 14th day of August, 1837, at St. Martin-in-the. fields, feloniously did marry and take to wife one Sarah Ann Stovin, the said Ann, his former wife, being then alive; against the Statute, &c.

MESSRS. CLARKSON and BODKIN conducted the Prosecution.

REV. JOHN MUCKLESTON . I am a clergyman of the Church of England, and am the brother of Ann Muckleston. My sister became acquainted with the prisoner in the year 1826—my father was sub-chanter of Litchfield Cathedral—he and his family were then residing at Wellesbourne, in Warwickshire, but at the time the prisoner became acquainted with her, they were at Leamington—that acquaintance led to a marriage between the prisoner and my sister, which I performed at the church at Wellesbourne, in Warwickshire—the parties were the prisoner and my sister Ann—I have not been living from home lately—I last saw my sister about three or three and a half years ago—she was residing with my father just before the marriage—I was not part of the family—I was living in Litchfield—I saw my sister in London—it might be about four or five weeks after the marriage—I believe they were married on the 15th of June, 1826—I saw her again about a couple of months after the marriage—she has remained under my father's roof from that time—my father has not remained in the same place from that time till now—he has been from ill health travelling from place to place, and is now in Devonshire—my sister has lived under his roof, where he has been—if any body inquired at Wellesbourne there was no difficulty in finding if she were alive—her family were perfectly well known—in consequence of circumstances after this marriage, a divorce was obtained at the instance of the family, a mensa et toro, and we lost sight of the prisoner from that time to this—we had no certain intelligence of him since two or three months after the marriage—my sister returned home very ill.

Cross-examined by MR. DOANE. Q. Had you known the prisoner much before the marriage? A. Very little—I was resident elsewhere—I had seen him before, but only for a short time—I came to perform the ceremony—he had been known to my father and sister for perhaps three months—this marriage took place at Wellesbourne Church, in Warwickshire—my father has been living in various parts of the country—he went to Bangor, where he was resident for three years subsequent to the marriage, and from thence to Tenby, in South Wales, and was there four or five years, and from thence to Teignmouth, where he is now resident—I cannot say what distance that is from Wellesbourne—perhaps it is 150 miles, he has been residing from 1826 at these three places—I have not seen

my sister for three or three and a half years—my father was present at the ceremony also, two other sisters, and Mr. Grenville now, he was a Mr. Hughes then—the prisoner is the first husband my sister has had—he was married in the name of Battersby.

MR. CLARKSON. Q. How old was your sister? A. Nineteen or twenty—my father has been in a bad state of health for twenty years—if any inquiry had been made for him in Wellesboume, in Warwickshire, there would not have been the least difficulty in ascertaining where he was—if any inquiry had been made of me by the prisoner or any one, I should certainly have told them—I was living at Litchfield, and have been ever since—the prisoner knew that I was there—I was sent for from there to marry them—that is forty miles from Wellesbourne—the prisoner never made any inquiries of me as to where my sister was.

THOMAS MOSS . I am in the service of the Rev. D. Muckleston. I have lived with him sixteen years—I was present at his daughter's marriage with the prisoner—I went to church with her—they left Wellesboume for London that day—I think the young lady returned in six or seven weeks—I went to London for her—she was in John-street, Pentonville—the prisoner was not with her—I saw Mrs. Battersby on the 1st of this month, the was then alive.

Cross-examined. Q. Did you see her in town? A. No, at Teignmouth, in Devonshire—she has been residing with her father ever since, except a few weeks, when she was on a visit.

COURT. Q. Supposing letters had been sent to Wellesboume, would they have been forwarded to you? A. Yes, they were always sent—we left word at the Post Office, and they always Were forwarded.

JOHN CHARLES STOVIN . I am brother of the young lady who was married to the prisoner—her name was Sarah Ann Stovin—I procured a copy of a register of a marriage in the parish of Wellesbourne—I examined it with the register—(this is it)—I also procured copies of the certificates of the marriage of my sister—(these are them)—I examined them with the several registers, and ascertained that they were true copies.

Cross-examined. Q. How did you examine this certificate? A. By the church books—it was first copied by the clerk, and signed—I did not see it copied—I tested it by the books—I read in the original register of marriages in that church, and examined this with the book to see that it was correct—no one read it over to me—I compared them line by line—the clerk produced the register—I believe he had copied it out—the curate gave me the book—I examined every line of this with the register—it is correct—(the following certificate were here put in and read)—"Wellesbourne Church, 15th June, 1826, Arthur Battersby and Ann Mucklestone, both of that parish, married by licence."—"St. Michael's Chapel, in the parish of St. Martin-in-the-fields, 14th August, 1837, Henry Napier Disney and Mary Ann Stovin, both of full age, married by licence."—" Paddington Church, Middlesex, Nov. 18, 1837, Henry Napier Disney, batchelor, and Sarah Ann Stovin, spinster."

MR. CLARKSON. Q. Did you think it necessary to call on the prisoner on the 16th of August last? A. Yes—he was lodging then in the Strand—I had some conversation with him about his views—he did not say one word to me of his having married my sister—I am sure this was after the 14th of August—I met him in the street about a month ago, I then gave him in charge of the officer—he had quitted my sister some time—I believe it

was on the 29th of November—I have taken my sister under my protection—the least mention of the subject has been bakery to throw her into fits which she has been very subject to ever since the occurrence—she is not in a fit state to be brought into Court or give evidence on this subject—I have been obliged to call in a person used to the care of insane people, recommended by Dr. Monro—that was done under the advice of the medical men who have attended her.

Cross-examined. Q. When you first met the prisoner you were not then aware he had married your sister? A. No; I was not—I was aware of it, I believe, two days afterwards—I believe I did call on him after I knew he was the husband of my sister—I certainly did call on him frequently—that was at the house of a Mrs. Lewis, who lives at No, 51, Manchester-street, Manchester-square—they were there perhaps three weeks—they afterwards removed to a cottage in Dudley-grove—I visited them there—I saw Mrs. Lewis there once or twice—I have most likely conversed with her about the prisoner—I of course have spoken to her on that subject as well as others—I was at that time on terms with the prisoner—upon my oath, I did not know at that time he had a wife living—I once taxed him with a report which I heard, but it was afterwards flatly contradicted, and I gave no farther credence to it—that was before my sister went to reside in Manchester-street—my sister resided is Charles-street, but the prisoner never resided there—my sister was a ward in Chancery, and did not wish to have the marriage known till the became of age—she became of age before they were married the second time, and then they lived together in Dudley-grove—I know my sister's handwriting, I believe this is her writing—(looking at a paper)—I cannot twear to it.

MR. BODKIN. Q. At the time you taxed him with the rumour about his former wife, what answer did he make? A. He flatly denied having tham another wife living.

EMILY DRUMMOND . I was present at the marriage of Miss Stovin to the prisoner at the Chapel of Ease, in Berney-street, on the 14th of August—the prisoner is the person who was married to her.

ABRAHAM NEWLAND . I have been acquainted with the prisoner for some years—he began to call himself Disney about nine years since—he was doing nothing at that time in town, and I lost sight of him for many years—I never knew him in the army—in July, 1835, I happened to meet him in London, near Hungerford-market—I think he went by the name of Disney then—I met him again in 1836—I saw him on two or three days; on one occasion he alluded to his wife's family—he merely said that some member of his wife's family was residing in the country, at a place he mentioned—I think it was Litchfield—he did not mention his wife's name—it was the conversation of a moment—he did not ask what I thought of any thing he was about to do—he was over here I understand on leave of absence—he spoke of returning to Spain, and making purchases for officers who were there—he said at the conversation before, that it was probable he would go to Litchfield, or the place he mentioned, where some member or branch of his wife's family resided—he said he was very much attached to Miss Stovin, and he should be very sorry that any allusion should be made to the previous circumstances, to his previous marriage—this was after the marriage—he said her property was not as large as the papers represented it by any means.

Cross-examined by MR. PHILLIPS. Q. Were you before the Magistrate? A. No, I was subpoenaed last night—I was in Whitecross-street prison—I asked the prisoner for money when I became acquainted, through the means of the papers, that he was about to be married—I sent to him to try if he would relieve me from my difficulties—I did not name any amount, I asked him to relieve me from my difficulty—that would be getting out of prison—I was in there for 120l. or 150l.—I mentioned the amount to him, but never demanded any sum from him—I sent a person to ask a loan—I do not recollect that I named any amount—I said a mm of money, 600l. or 700l.—I never named any sum to him myself—I did not solicit any myself—I do not recollect asking him for more than that—my messenger was a person of the name of Becker, of Vine-cottage, Charlton-place, New-road—I did not name any sum—I said he ought to give me 600l. or 700l., on account of my knowing all the circumstances of the case—I did not send any message by Becker—he knew all the circumstances before—we talked them over, and we then said that I was labouring under very great difficulties, and very much distressed; and I said to Becker, if he went there he might get some money, that would relieve me and assist him—I had no claim upon the prisoner.

Q. Was not this conveyed to him, that if he did not come down handsomely, you would turn round upon him? A. No, that was not sent—it was said that we knew the circumstances of the case, and he had better give 600l. or 700l.—we did not get the money, and I am here as a witness, but the business had become known to the prisoner's friends before I said any thing—the thing could not have been known except through me or the prisoner—I expected he would have given me 600l. or 700l—I founded that on his fear that I would come against him—if I had got this money, I should have been silent on the subject—I gave no information all the family knew it—Mr. Becker brought Mr. Stovin to me after the prisoner refused the money—I did not know that Becker was going to Stovin's—he met Mr. Stovin accidentally—when Becker told me that the prisoner would not give 600l. or 700l., I said, perhaps he would give something less—I said if he will give enough to release me from prison—from 120J. to 150/.—I did not say "We will come down a little lower"—I did not say, "D—the fellow, we will appear against him"—I said we would not do any thing, we would be silent—I would have been silent under all circumstances.

Q. How much was Becker to have had of the spoil? A. He was to have had a portion according to what we got—if 150l. was got, he was to have had half, but if 700l. was got, he was not to have 350l.—we were to share the money, but he was not to have half of the large sum—I do not recollect what he was to have of that—I remember an advertisement which I drew up—it is lost—it was an advertisement drawn up for the purpose of showing to Disney, that we might get the money—it was relating to his former marriage—it was an advertisement which I and Becker threatened to put into the paper, exposing the former marriage of Disney, and I told Becker to threaten him with it, but I told him never to do it—I did not intend to do it—I would not have done it—I would not have injured him to that extent.

Q. How much was the money, or the acceptance you demanded of him, for the purpose of keeping that back? A. 600l. or 700l. was the most I ever asked of him—I know there was an acceptance spoken of—the former

I forget, but the latter was 150l.—I do not recollect the amount of the acceptance I first demanded—to the best of my recollection it was not 1000l—I will not swear it was not mentioned, but I do not recollect it—I mentioned 3000l. to Becker, but I never intended that he should ask that.

Q. If he had got the 25, 000l. as mentioned in the papers, you would have had no objection to have fleeced him of 3000l.? A. I certainly would have asked him for it—Mr. Becker was in prison—I met him there—he was there before I went—he is not there now—we were in the same ward—I had not known him before—I saw him this morning, and we had some conversation, but not in reference to my evidence, nor on reference to any message, but on the subject of the trial.

MR. BODKIN. Q. At the time you were carrying on this sort of attempt, were you aware that the man's first wife was alive? A. I did not know that she was alive—I supposed she might be alive—I have been an acquaintance of the prisoner's for some years—I did not know Mr. Stovin, nor any of his family, before this circumstance.

(General de Lacy Evans, M.P., gave the prisoner a good character.) GUILTY —Aged 30. Transported for Seven Years.

Reference Number: t18380129-515

515. GEORGE ROBINSON was indicted for stealing, on the 25th of July, 1 printed book, value 1l. 5s., the goods of Archibald Mitchell, to which he pleaded

GUILTY —Aged 22.

Reference Number: t18380129-516

516. GEORGE ROBINSON was again indicted for stealing, on the 21st of July, 3 printed books, value 15s., the goods of Benjamin Nock, and another, to which he pleaded

GUILTY —Aged 22. Confined One Year.

Reference Number: t18380129-517

517. JOSEPH DYKE was indicted for stealing, on the 5th of January, 1 pair of boots, value 1l. 6s., the goods of Robert Chambers, to which he pleaded

GUILTY —Aged 22. Confined Three Months.

Reference Number: t18380129-518

518. WILLIAM WYNNE was indicted for stealing, on the 14th of December, 11 sheets, value 12s.; and 1 blanket, value 1s.; the goods of Elizabeth Monday; also for stealing, on the 1st of January, 4 sheets, value 9s., the goods of Elizabeth Monday, to which he pleaded GUILTY —Aged 37. Confined Six Months.

First Jury, before Mr. Common Sergeant.

Reference Number: t18380129-519

519. MARY SHIRLEY was indicted for stealing, on the 12th of October, 1 pair of shoes, value 4s.; 1 frock, value 2s.; 7 shillings, and 10 sixpences, the goods and monies of Henry Harrison.

HENRY HARRISON . I live at No. 2, York-place, Walbrook-row, Hoxton, and am a costermonger. I know the prisoner—she came to my house on the 9th of October, and said she had no work—I lodged her, and victualled her, to do for my family—she remained there till the 12th, and then she went after I went out in the morning—I left my girl some money to buy some flour and potatoes—I went out about my business—when I came back, the prisoner had absconded—my trunk was broken open—the

shoes were gone from under the bed, and the frock and money from the box.

MARY ANN HARRISON . I live with my father. I remember the prisoner being at home that day—she was to make a pudding, but she did not do it—she asked me to go and fetch her half a pint of porter—when I came back she had got a bundle under her arm, and I said, "What ia that?"—she said, "What is that to you?"—she went away, and said she was going to my father—nobody else came there and broke the box—my brother found the box was open after she was gone—I do not know how long—my father came home before twelve o'clock, and it was before that that she went, a good while—no one else came to the house—I was gone ten minutes for the beer.

THOMAS ZINZAN (police-constable N 67.) I apprehended the prisoner in Shoreditch workhouse—I told her I wanted her for felony, for robbing Mr. Harrison—she made no reply, but cried very much, and said she was very sorry.

GUILTY —Aged 23. Confined Three Months.

Reference Number: t18380129-520

520. JOHN SMITH was indicted for stealing, on the 11th of January, 5lbs. weight of pork, value 2s. 6d., the goods of Henry Long.

HENRY LONG . I live in King-street, St. Giles's, and am a cheesemonger. I sell pork—I saw this pork safe about six o'clock on the 11th of January—I was sitting in my parlour, and saw the prisoner come in and take it out of the window—I ran after him, and to avoid me he threw the pork into a cellar—I took him—this is the piece of pork—it is mine.

Prisoner. I was coming up St. Andrew's-street, and this man came and said he saw me steal some pork—that is all I know of it.

GUILTY *—Aged 13. Transported for Seven Years.

Reference Number: t18380129-521

521. CHARLES HALL was indicted for stealing, on the 29th of November, 1 box, value 4s.; 1 coat, value 3l. 10s.; 1 pair of drawers, value 5s.; 1 bag of oatmeal, value 7s.; llb. of tea, value 5s.; and 1 pot of jam, value 3s.; the goods of William Paterson.

WILLIAM PATERSON . I am a clerk. On the 29th of November I had a box—it contained a coat, a pair of drawers, and the other things, I believe, but I could not swear it, as I had not opened it—it came from my relations in the north—it arrived at the Leith and Berwick wharf, and came to Mr. Davison in Cannon-street—I got it off the cart at Whitechapel church, and was carrytog it down the road, when a man dressed like a porter came to me, and said I had got a very heavy load—I said I had—he said he would put me in an easier way of carrying it—he put it on his shoulder, and carried it a little way, and let it fall—we took it up, and carried it to the Anchor and Crown, in Great Garden-street, when the prisoner came and stopped me, and wanted to know the contents of the box and where I got it from—I said had he authority for stopping me—he said he would tell me that by-and-by, and it was agreed we should take the box home, and see the contents of it there—we came out, and there was another man standing by the box beside the porter-man—we carried it a little further, and went to the next public-house, to Sir George Osborne's Head, in Princess-street, to ask the landlord permission to leave it there, till I went back to the City to satisfy him where I brought it from; and when we came

out, the two men were gone with the box—I had left it with this porterman and another man—neither of the men I left the box with are here—the prisoner had stopped me with the box—he would not allow me to carry it—I did not see the prisoner speak to either of the two men—he did not appear to know them—the prisoner and I were gone into the house, to ask leave to let the box lie there, till I went back with him to the City, to show where I got the box from—the prisoner asked to know the contend of the box, and said he suspected I had stolen it—I went after the other two, and this man was gone when I came back.

NOT GUILTY .

Reference Number: t18380129-522

522. ABRAHAM LAZARUS was indicted for stealing, on the 9th of January, 1 blanket, value 5s., the goods of James Thomas Reynolds.

JAMES THOMAS REYNOLDS . I keep the Horns public-house, in Whitechapel. The prisoner came to my house a few times—he came on the 9th of January to sleep there—I watched him, and when he went out in the morning, I found this blanket on him, which I had marked the night before.

Cross-examined by MR. PHILLIPS. Q. Had you known him before! A. He lodged at my house about seven or eight nights—ours is a public-house.

(The prisoner a received good character.)

GUILTY . Aged 17.— Confined Two Months.

Fifth Jury, before Mr. Sergeant Arabin.

Reference Number: t18380129-523

523. ANN LEDEN was indicted for stealing, on the 3rd of January, 2 half-crowns, 7 shillings, 7 sixpences, and 1 fourpenny-piece, the monies of Samuel Alabaster, her master.

SAMUEL ALABASTER . I live at No. 31, Widegate-street, Bishopsgate, and am a baker. The prisoner lived with me four weeks—I had missed money—the first was from my trowsers pocket—when I went to bed I marked some shillings, sixpences, half-crowns, and other money, and put it into my waistcoat pocket—I put my jacket on the balustrade—I missed some money on the 4th and 5th, and on the 5th I sent for the policeman, and he searched her—I asked her what she brought from Ireland—she said 1l—I said, "Will you show me?" and she took me up stairs to her bed-room—we searched for a quarter of an hour, and looked about some time, and then she took me into another bed-room—she then seemed at a loss—then the policeman took us into her bed-room, and pulled the bed from the wall, and it fell down—this is it—(looking at it)—It is all marked—I can swear to it—these two sixpences had been marked the day she was takes, and there was a half-sovereign as well, but that we did not find—she slept in the adjoining bed-room to me.

FREDERICK KIRBY DARLINGTON . I am a policeman. On Friday, the 5th, I was sent for—the prosecutor accused the girl of robbing him—I asked him what he had lost—he said, "Shillings and halfpence, sixpences and half-crowns"—I found this money, but I asked her first what was brought from Ireland—she said "About 1l." and then we went up stairs and searched all about—I could find nothing, and then she said he had better go into Mrs. Alabaster's room, and look into a drawer—I went there, but found nothing—I then went back to her room, and removed the bedstead

from the wall, and this pocket fell down—I asked if it was hers—she said "Yes"—I asked what it contained—she said "About 1l."—that pocket contained the whole now produced, all but two sixpences, which I found afterwards.

Prisoner's Defence. I had about 6l., and was in that place about a month—when I was there a week he asked me if I wanted my wages—I said no—he then said he suspected me—he used to go to my bed to lie down in the afternoon, and he must have put this into my pocket, and marked it—when he brought the policeman I said I had 6l.—they thought I said 1l.—he wanted to take liberties with me, but I would not let him, and he said he would serve me out in this manner.

SAMUEL ALEXANDER re-examined. I am married, and my wife lives at home with me—I never took liberties with the prisoner—one of my young ones slept with her, who is about five years old—when I lie down, it is of an afternoon, on her bed if my own bed is made—I pass through her sleeping room to go to my room.

GUILTY . Aged 17.— Transported for Seven Years. (There was another indictment against the prisoner.)

Reference Number: t18380129-524

524. JOHN THOMPSON was indicted for stealing, on the 8th of January, 1 till, value 4s.; 8 half-crowns, 10 shillings, 12 pence, and 10 halfpence; the goods and monies of Thomas Key.

WILLIAM JAMES BUDD (police-constable S 123.) I was on duty, on the 8th of January, at the corner of Milner-street, Euston-square, about six o'clock in the evening, about 100 yards from Mr. Key's—I was standing near the enclosure of Euston-square—I saw two men, and directly after I heard tome halfpence fall, and immediately a till—the prisoner then passed me, and dropped a halfpenny—as soon as he passed me he ran away—I called "Stop thief"—he was stopped by an officer, and brought back—as we were going across the road, he put his hand up, lifted his hat, and the halfpence fell down—he said, "There they are"—I then went and fetched the till, and as soon as he saw it, he said, "That is not the thing—I said, "Then it was in a thing"—he said, "Yes, but that was not the thing"—we proceeded towards the station—I thought it best to search him—he refused, and made use of very bad language—we were obliged to put him on his back, and I took 6s. and one half-crown out of his trowsers pocket—I found at last 2s. 8 1/2 d. in coppers—the other man made his escape—I took the prisoner to the station-house, and searched him again, and found a latch-key on him—the till is here.

Cross-examined by MR. DOANE. Q. What part of Euston-square was this? A. Near to Milner-street—the New-road runs through the square—it was next the houses where this was, on the footway next the enclosure—it was in the road next the houses—there is an iron railing that runs round the enclosure—next to that is a footway, then a road, and then a footway next the houses, and this was on the foot-way next the iron railings—when I said it was in the road, I meant it was on the footway next the iron railings—it was near six o'clock—I was standing on that footway—these people were within twenty yards of me—I had been standing there perhaps half a minute—I was on duty in Euston-square—I could see these people stop, and saw they had something—I stood still—I had not been there more than half a minute—they came

towards me—I did not see them come into the square—when I did see them, they were in the square—they were always in the square when I saw them—I got 6s. and one half-crown, which I got out of the prisoner's pocket—there was no more that I found.

JOHN HEALEY (police-constable E 95.) I was in Ainsley-street—I heard a cry of "Stop thief"—I pursued towards the New-road, and saw the prisoner come towards me from across the New-road—I stopped him—he struck at me several times with a stick—he did not strike me—I took him till the other officer came to me—we took him across the road—he took of his hat, and the coppers fell down from his head.

THOMAS KEY . I live at No. 10, Milner-street, Euston-square—this till is mine—it was safe at a quarter-past five o'clock on the evening of the 5th of January—it contained about 30s. in silver, and about 4s. in copper—there were eight or ten half-crowns, I dare say—I was in the house above, and went down to the bakers who were under the shop, and was absent about two minutes—I did not see any thing of the robbery.

Cross-examined. Q. You do not leave your till locked? A. We generally do—the till was in the counter—I was quite alone that evening—I saw it safe at a quarter-past five o'clock.

MR. DOANE stated the prisoner's defence to be, that he was going along the square, and kicked against something, which proved to be the till containing the money in question; that he put it into his hat, and being is custody of the officer, he did the best he could to get away.

GUILTY . Aged 23.— Transported for Seven Years.

Reference Number: t18380129-525

525. AMELIA DUNN was indicted for stealing, on the 29th of November, 1 brooch, value 6s., the goods of Elizabeth Buckee, her mistress.

ELIZABETH BUCKEE . I am single, and am a corn-chandler. The prisoner was my charwoman—I think she worked for me about the months—I missed property at various times—I missed a brooch—I made inquiries, and saw it found at a pawnbroker's—I taxed her with stealing it before I found it—she denied it strongly, and then admitted she took it THOMAS BISHOP. I am a pawnbroker, and carry on business at No. 2, Little Warner-street. I have this brooch, which, was pawned by the prisoner on the 29th of November.

(Property produced and sworn to.)

(The prisoner received a good character.)

GUILTY . Aged 24.—Recommended to mercy by the Prosecutrix.

Confined Six Months.

Reference Number: t18380129-526

526. ELIZABETH HOLMES was indicted for stealing, on the 6th of January, 9 1/2 lbs. weight of pork, value 5s., the goods of William Gunston.

HARRIET AUSTIN . I know the shop of William Gunston, he is a cheese. monger. On the 6th of January I was in the shop, in Exmouth-street, and saw the prisoner take a hand of pork from inside the door—I told Mr. Gunston's young man of it—he went and fetched her back, and, on opening her cloak, found she had also a loin, which she took from the shop as well.

CRANLEY BRITNELL . I am in the service of Mr. William Gunston. The young woman told me of this, and I took the prisoner three or four doors from the shop with this pork, which is my master's.

Prisoner. I did it through distress.

(The prisoner received a good character.) GUILTY . Aged 46.—Recommended to mercy by the Jury.— Confined Three Days.

Reference Number: t18380129-527

527. JOHN MACDONALD and WILLIAM SMITH were indicted for stealing, on the 16th of January, 27lbs. weight of pork, value 14s., the goods of Isaac Tomlinson; to which

MACDONALD pleaded GUILTY . Aged 26.

Confined Six Months.

SMITH pleaded GUILTY . Aged 20

Reference Number: t18380129-528

528. JOHN STEWART was indicted for stealing, on the 7th of January, 1 snuff-jar and cover, value 3s. 6d.; and 2oz. of snuff, value 8d.; the goods of George Corner; and that he had been before convicted of felony.

MARY SHELTON CORNER . I am the wife of George Corner, we keep a snuff shop, at No. 34, Clipston-street. I missed a snuff-jar—it was taken from the counter—this is it—(looking at it)—I missed it on the 7th of January, about half-past five o'clock in the evening—I do not know the prisoner.

THOMAS CARTER . I am a policeman. I was on duty, and met the prisoner in Bainbridge-street, St. Giles's, three quarters of a mile from the prosecutor's—he had got a bundle in a handkerchief—I asked what he had got—he said, "A jar"—I asked him to let me look at it, and found this jar—he said he picked it up in the street, and there was some snuff in it—when I took him before the Magistrate he said he took it in Cleveland-street.

Prisoner. I own I took it, and I told the policeman so—I wish to go to the Penitentiary—I have no friends.

HENRY NEWMAN (police-sergeant F 18.) I produce the certificate of the prisoner's former conviction from Mr. Clark's office—(read)—I was present at the trial—the prisoner is the same person that was then convicted, GUILTY .* Aged 18.— Transported for Seven Years.

Reference Number: t18380129-529

529. ROBERT PERRENS, WILLIAM GODDARD , and JOSEPH BAGSHAW were indicted for stealing, on the 15th of January, 1 box, value 1s.; 1 bonnet, value 1l. 6s.; 1 scarf, value 4s.; 2 caps, value 5s.; 2 handkerchiefs, value 9s.; 1 cape, value 7s.; 1 collar, value 1s. 6d.; 1 hag, Value 2s.; 5 yards of lace, value 4s.; 4 yards of ribbon, value 5s.; 4 shillings and 2 pence; the goods and monies of Mary Greenwood.

MARY ANN BROWN . I am just thirteen years old, and live with my aunt, in Bartholomew-square. Between eight and nine o'clock on Monday evening, the 15th of January, I was in Old-street, St. Luke's, and saw the three prisoners together—they followed a truck from Whitecross-street to the iron bedsteads—it was loaded with two boxes at the bottom and a large band-box at the top—I kept my eye on the prisoners—I had an opportunity of seeing them—a man was drawing the truck—the parcels were tied—the prisoners were dodging about in the road—at last Perrens cut the hand-box from the truck—the other two were dodging round the iron bedsteads, to watch close to the truck—when he had cut the box off they all four ran away together—there were four men—Perrens and Goddard carried the box—they both had hold of it at the same time—I told the man who

was drawing the truck what had happened—they were not taken then, but a day or two afterwards—I am quite sure these are three of the four—I observed them under the gas-light talking together—I had an opportunity of seeing their faces—I am quite sure they are the same men. Goddard. I was not in this man's company at all that night.

WILLIAM LOWE . I am a shop-keeper, and live at No. 1, Danielrow, Stepney-green. I had the truck to fetch a person from the situation she was at—the band-box was fastened by a cord—I tied it myself—I was drawing the truck when the box was taken—the girl called to me, and told me of it—the cord had been cut, but the prisoners were gone—they were taken the following morning, about two o'clock—it was going to Mr. Hammer's, in Whitechapel-road—the property is quite lost—it belonged to Mary Greenwood—it has been almost her ruin.

JOHN DAVIS (police-constable G 157.) I received information of this, and apprehended Perrens and Bagshaw—Goddard was brought up on another charge—I did not find the two I took in company—I took Bagshaw first, in going up Golden-lane, and, as I was going to the station-house, Perrens came out of a public-house, and I took him—the little girl had described them at the station-house.

MARY GREENWOOD . I am a servant. I had employed Lowe to draw this truck—I was going from my last place to another, in Whitechapel-road—I was walking on the pavement just before the robbery was committed—I had something to say to Lowe, and left the pavement to go and speak to him, and that was while the robbery was committed—it contained all the articles stated—it is all lost, and was all the best of my clothes.

Perrens' Defence, I am totally innocent of the charge, and know nothing about it.

Goddard's Defence. While this was done, I was in a public-house, in Milton-street, from six o'clock in the evening till a quarter to ten o'clock at night, at Mr. M'Donald's.

PERRENS— GUILTY . Aged 21.— Transported for Seven Years. GODDARD— GUILTY . Aged 20.—(See page 442.) BAGSHAW— GUILTY. Aged 27.— Judgment respited.

Reference Number: t18380129-530

530. JAMES CLIFF was indicted for stealing, on the 27th of January, 1 watch, value 15s.; 1 watch-key, value 3d.; and 1 watch-ribbon, value 2d.; the goods of Charles John Cutbert.

CHARLES JOHN CUTBERT . I am a mariner, and am apprentice on board the Africa. On the 27th of January she was in the West India Dock—I lost my watch from out of my chest in the forecastle—it was not locked—I had seen it secure that day, and had not been on shore after I saw it—I lost it in the afternoon—the prisoner came on board—he had belonged to the ship before that, but did not then—I complained to my mate about it—my watch was found—this is it—(looking at it.)

GEORGE WRIGHT . I am an apprentice on board the same ship. The prosecutor told me, about half-past five o'clock, that he had missed his watch—the prisoner came on board about half past two o'clock that day—he had been at work on board for six weeks—I went to his lodgings and taxed him with taking the watch—he declared by his God he had not got it—I asked him to go to a place and be searched—he said he would

he ran backwards, and was gone about two minutes—in the meantime I called a policeman, and he was taken—we went backwards, and found. the watch in the shoot from the back wash-house, where he had been before.

WILLIAM LEE (police-constable K 268.) The prisoner denied all knowledge of this, and then it was found in the back place where the witness has stated.

GUILTY . Aged 47.— Confined three Months.

Reference Number: t18380129-531

531. SUSAN JONES was indicted for stealing, on the 11th of January, 3 gowns, value 8s.; and 3 cloaks, value 1l.; the goods of Daniel Brown.

JACOB TURNER . I am in the service of Mr. Daniel Brown, of No. 4, Ryder's-court, Leicester-square. On the 11th of January I was in the: shop—the prisoner came, but I did not see her come in—I saw her take op the bundle and walk out—it was lying in front of the door—I saw her go out with it—I went after her, and overtook her nearly at the bottom of the court—I told her to come back, and she came back—she was quite a stranger—I did not know what the bundle contained at the time—I never saw her in my life before, to my knowledge.

Prisoner. When you told me to come back, I came directly. Witness. No, I told you half a dozen times.

Prisoner. We were not two doors from your master's shop, and you told me to come back, which I did immediately.

COURT. Q. Where was the parcel? A. In front of the shop, on some more parcels—it is a pawnbroker's.

JOSEPH LONG . I am in the employ of Mr. Brown, a pawnbroker. Turner brought this woman back with a bundle—I could not say what it contained—I gave it to the officer without opening it—it contained three cloaks and two gowns—it had been on the ground in front of the shop, not on the counter—I sent for the constable and took her—I could swear. to the gown that they were wrapped in, and several other things.

THOMAS MARCHANT (police-constable C 149.) I took the prisoner—she went very readily, and said she never stole the things.

Prisoner. I went into the shop to get an article that I pledged a fortnight before—I lost the ticket—I went and asked another young man to allow me to have it without an affidavit, as I was going to a situation at Portland-town—he said he could not, and then I said I must leave it—I came out, and a person came out behind me, and directly this boy called out," Come back," I came back, and this bundle was thrown down, but I did not touch it myself—I had not been in the front shop—I had been in the box.

JURY to JACOB TURNER. Q. Had the prisoner the bundle In her arms, or was it on the stones? A. In her arms—no other person went out of the shop at that time—there were two men passing in the court.

COURT. Q. Are you quite sure that she was the person that carried the bundle out of the shop? A. Yes.

Prisoner. I never was in the front shop till he took me back. Witness. I told her to come back half a dozen times before she did come back.

JOSEPH LONG re-examined. The prisoner had these things in her arms when she came back—I said, "What is this?"—she said, "They are my

own, I want to pledge them"—I can swear that she said they were her own—she said that they belonged to her.

JACOB TURNER re-examined. I heard her say that they belonged to her. GUILTY . Aged 27.— Confined Six Weeks.

Reference Number: t18380129-532

532. JOHN SMITH was indicted for stealing, on the 13th of January, 12 plates, value 2s. 3d., the goods of Henry Hyland Newington.

WILLIAM ALLNUTT . I am servant to Mr. Henry Hyland Newington—he keeps a china-shop at No. 24, Whitechapel. On the 13th of January, between six and seven o'clock in the evening, I was outside the door—the plates were outside—I was serving a lady with a dish—the plates were put on a shutter—the prisoner lifted the plates off, and the things jerked—I looked, and saw the prisoner walking off with the plates—I went and caught him at the second door, and asked what he was going to do—he made no answer—we got to the second shop, and he tried to throw them down—I caught them, and he got away, but was brought back in ten minutes after—I am sure that he is the same person.

Prisoner. Q. You say ten minutes? A. Yes.

NELSON RICKET . I am a watchman. I was on duty about a quarter after seven o'clock on Saturday, the 13th of January, in Aldgate—a boy came to me, and said a man there had stolen some plates—I laid hold of the prisoner, and asked the boy where the shop was—he took me there, and the last witness was at the door—I asked him if he had lost any plates—he said, "Yes, and that is the man that stole them," and then Mr. Newington gave charge of him—I then took him, and locked him up, and turned him over to the county policeman, the offence not being in the City.

Prisoner. I was given to the policeman before I was taken to the shop at all. Witness. You are a false man.

Prisoner. I was taken to Portsoken Ward watch-house. Witness. Yes, but I took you to the prosecutor's first.

JOSEPH WEST (police-constable H 140.) I was called about ten o'clock and was told the prisoner had stolen a dozen of plates—I took him from the watch-house—the boy said he had stolen the plates.

Prisoner's Defence. I reside in "Whitechapel. I was going down the street, and before I got down to Petticoat-lane a boy said, "I believe that is the man that stole the plates;" and I was then taken to the watch-house and locked up; after being there half an hour, I was given to the policeman; and when I was taken to the shop the master of the shop said, "Take him up, the boy shall attend on Monday;" I was taken before the Magistrate, and remanded till the City officer came forward with the boy.

GUILTY . Aged 46.—Recommended to mercy by the Jury.— Confined One Month.

Reference Number: t18380129-533

533. JOHN QUIGLEY was indicted for stealing, on the 28th of November, 1 coat, value 2s.; 1 pair of breeches, value 1s.; 3 planes, value 6s.; 1 shirt, value 2s.; and 9 yards of fustian, value 6s.; the goods of Edward Byas and another.

EDWARD BYAS . I am a farmer of parish poor at Stratford. This property belongs to myself and my partner—we have a joint interest in it—I lost it from the store-room—the prisoner had been in the house as a pauper

from the parish of Bromley, but was not there at the time these were taken—the property is here, and belongs to me—we had missed a great number of things, but had not missed these till they were produced on the 29th of January—we found some persons were taking things, from the house.

SARAH BRIDGWATER . I keep a beer-shop, at No. 25, Green-street, Bethnal-green. This property was brought to my house—I do not know who brought it, but the prisoner took half a crown out of my till that morning, and I gave him in charge, but while I went for the officer they let him go—this bag was under the bench, but I do not know who brought it—I know the boy was in the house.

MARY BRIDGWATER . I did not see the bag brought in, but the prisoner gave me the breeches and coat in the passage, and told me to mind them till three or four o'clock in the afternoon—they were given to the policeman.

Prisoner. It was not me—the boy that was with me gave them in, and he gave me 4d. to carry them.

WILLIAM SLADDEN . I received these things at Mrs. Bridgwater's—I took the prisoner—he told me a man was to give him 2d. for minding them, and then he said he met a man who gave him 6d. for minding them.

Prisoner. I said the man gave 6d., that I went and had a pint of porter, and then I had 4d.—I know nothing of them.

JURY to MARY BRIDGWATER. Q. You state he gave you the breeches and coat? A. Yes, and nothing else.

GUILTY . Aged 15.— Transported for Seven Years.

Reference Number: t18380129-534

534. THOMAS HALFHEAD was indicted for stealing, on the 10th of January, 1 glazed window-sash, value 20s., the goods of William Turner, being fixed to a certain building.

JOHN KING . I am a bricklayer, and live at No. 2, Prince's-street, Whitechapel. On Wednesday evening, the 10th of January, about seven o'clock, I and my wife were sitting by the fire—I heard a noise at the next house, which, is No. 3, and is empty—I went into the house, and called "Halloo"—a man on the stairs answered me—the primer is the man—I said, "You have no business here"—" Stop a minute," said he; and he ran off—I pursued and took him, without losing sight of Mm, and I gave him in charge—I then went into the house, and found one sash had been removed, and set by the side of the door, and the lines of the others had been cut—he had got into the house by the street door—he has a wife and three children, and two he has just buried with the small-pox.

Prisoner. Q. You say you followed me? A. Yes, about 400 yards—I went back to the house, and all the sashes were right but that one, which was on the left—I had seen this house all right about three weeks ago.

Prisoner. He stated that he went through several streets after me, and I was standing at my own door at seven o'clock. Witness. I have not the slightest doubt he is the man that was in the house.

ALLEN PIPE (police-constable H 51.) I heard the alarm, and saw two People running through King-street—I followed them through three or four short streets, and the witness had got hold of the prisoner's collar—he was

the man running in front when I first saw them—they had run about 400 or 500 yards from the house—I took him back to the house, and there found the window-sash of the front parlour cut out, and set a little on one side of the window—several other sashes had the cords cut, but were not removed—I then took him to the station, and came back to the house, but found nothing more—I went to his lodgings, No. 19, Princess-street—there was scarcely any thing in them—I found some skeleton-keys then—I do not know how he got into the house—there was no violence used.

Prisoner. Q. Do not you think those skeleton-keys might have laid there at the time I lived there without my seeing them? A. They were on a ledge under the stairs, and I should have thought they would have been covered with rust.

WILLIAM TURNER . The houses, Nos. 1, 2, and 3, Prince's-street, belong to me—I let this house to a tenant last Michaelmas—he went away, and took the key with him—I then went to King, and told him to give a look out if he heard any one about the house—when I went to the how I found one sash removed, and the lines of the others cut.

GUILTY . Aged 28.— Confined Six Months.

OLD COURT.—Thursday, February 1st, 1838.

Second Jury, before Mr. Serjeant Arabin.

Reference Number: t18380129-535

535. JANE SHEPHERD was indicted for stealing, on the 22nd of January, 1 shilling, the monies of Joseph Dennison, her master.

JOSEPH DENNISON . I keep the Lord High Admiral public-house, in the Vauxhall-road. The prisoner was about five weeks in my service—I kept my till in my bar, and missed money from time to time, and I marked two half-crowns, three shillings, and three sixpences—I put them into the till on the night of the 21st of January, about twelve o'clock at night—I locked the till, and took the key up stairs to my bed-room—next morning my daughter came to my bed-room for the key of the till—she took it off the mantel-piece in my bed-room, and I gave her some silver not marked, to give change, without using the money in the till—tills was about half-past seven o'clock—about half-past nine o'clock I examined the till, and missed one shilling which was marked—I sent for a police officer, and charged the prisoner with having it—she denied having a shilling about her—she was searched in my presence, and the marked shilling found in her pocket—this is the shilling—(looking at it)—it has a cross under the head—I am quite sure it is one of the shillings I marked.

ELIZABETH DENNISON . I am the prosecutor's daughter, and am thirteen years old—I went up to my father in the morning, and received the key of the till—he gave me silver to give change—I opened the till, but did not take any money out—we have a pot-boy—I left the till unlocked with the key in it—when I opened it, there were two half-crowns, three shillings, and three sixpences—that was about half-past seven o'clock.

JAMES DOYLE . I am a policeman. I was sent for, and went to the house—the prosecutor charged the prisoner with stealing a shilling which he had marked—she said she had not got a shilling, and had not taken any thing—I searched her, and found one shilling in her pocket—it was a marked one—she then said it belonged to herself, and she had not taken

it from her master—I am positive she at first said that she had not got a shilling.

prisoner's Defence. My mistress was not up—I was going to get a petticoat out of pawn—I had three shillings in my pocket, and wanted another shilling—the till was open, and I took the shilling, meaning to tell mistress of it when she came down, hut before she came down my master called in a policeman, and took me—mistress owed me a little money—I meant to have told her of it—I never intended to steal it, GUILTY . Aged 37.— Confined One Month.

Reference Number: t18380129-536

536. EDWARD TURNER was indicted for stealing, on the 28th of December, 2 candlesticks, value 2s. 6d.; 1 pair of snuffers, value 1s.; and 1 knife, value 6d.; the goods of William Henson: 1 printed book, value 5s., the goods of Thomas Brown; and 1 printed book, value 2s., the goods of Ann Norah Batten.

WILLIAM HENSON . I am a bootmaker, and live in Parliament-court, Old Artillery-ground. I have the care of the "Apostolic Church" there—on the 28th of December, about three o'clock in the afternoon, I went into the chapel, and found the prisoner concealed in one of the pews, crouched down—I was alarmed, not knowing whether there might not be more penons there, and I went out for assistance—I returned in about two minutes with, a neighbour, and found the prisoner going out, trying to open the front door—I laid hold of his arm, and put him back into the seat where he was—I asked him what he had done with the candlesticks which I missed—he said they were in a parcel at the door—I went and found the articles stated in the indictment, in a bundle—I had seen them all safe at seven o'clock in the morning, in the vestry closet—I found them all tied in a pocket handkerchief, on the mat at the door—the property belongs to the deacons of the church, but I am responsible for it—one Bible belongs to Thomas Brown—(looking at the property)—here are the candlesticks and sunffers, which I know, and this Bible, I know, belongs to Thomas Brown.

THOMAS BROWN . This is my Bible.

Pritoner's Defence, I did not take the property. GUILTY . Aged 19.—Recommended to mercy.— Confined Four Days.

Before Mr. Justice Patteson.

Reference Number: t18380129-537

537. JOHN HALL, alias Charles Hodges , was indicted for feloniously uttering a counterfeit sixpence, on the 20th of January, to Samuel Mayhew, well knowing it to be counterfeit; having been previously convicted as a common utterer.

The Hon. MR. SCARLETT and MR. BODKIN conducted the Prosecution.

CALEB EDWARD POWELL . I am Assistant Solicitor to her Majesty's Solicitor to the Mint. I produce a copy of the conviction of John Hall, alias Hodges, for uttering counterfeit coin—I have examined it With the original record in Mr. Clark's office—it is a true copy.

JOHN WILSON (police-constable H 13.) I was present when the prisoner was tried in this Court, in October, 1836, for uttering counterfeit coin—I am sure he is the person—he was tried in the name of John-Hall—(certificate put in and read.)

ELLEN NORMAN. I am in the service of Mr. M'Lean, a publican. On

the 10th of January the prisoner came to our house for a pennyworth of give—I served him—he offered me a shilling—I examined it, and it was bad—I told him so, and gave it to Mr. M'Lean—the prisoner said nothing when I told him it was bad.

WILLIAM M'LEAN . I keep a public-house in Smithfield. I saw the prisoner served with the gin, and saw him throw down a shilling—Norman handed it to me—the moment I handled it I found it was bad, and I gave him in charge—I bent the shilling on the counter, and then went round, and said, "I suppose you are aware of it?"—I went to the door, and called the officers in, who were outside—I marked the shilling in the presence of the officer, and gave it into his hand—(looking at one)—I am certain that is the same shilling.

EDWARD PYEFINCH . I am an officer. I was on duty on the 10th of January—Mr. M'Lean gave the prisoner into my custody—he handed me a shilling, which I have produced—I have kept it ever since—I searched the prisoner, and found on him a good sixpence and 4d. In halfpence—he was taken before the Magistrate, and no other case being brought against him, he was discharged on the following day.

SAMUEL MAYHEW . I keep a public-house in Whitecross-street, St. Luke's. On Wednesday, the 20th of January, between nine and ten o'clock in the evening, the prisoner came to my house, and asked for a glass of gin—I served him—it came to 1d.—he laid down a sixpence, which I examined, and found to be bad—I asked him where he took it—he said, "Of a butcher, up the street"—he rather smiled, and I sent for a police-constable—he was going to run towards the door, and a policeman met him coming out—I marked the sixpence, and gave it to Burleigh, the officer.

Prisoner. Q. Did I not ask you to go to the butcher to prove that he did give it to me, and want to go and fetch the butcher? A. No, you did not say you would go and fetch the butcher, I am certain.

RICHARD BURLEIGH . I am a City policeman. I was called to Mr. Mayhew's house on the night in question, and took the prisoner into custody—I received from Mr. Mayhew a sixpence—I searched the prisoner, and found 4 1/2 d. In copper on him—I produce the sixpence.

MR. JOHN FIELD . I am Inspector of Coin to her Majesty's Mint I have examined the sixpence—that and the shilling are both counterfeit in all respects.

Prisoner's Defence. My mother died in child-bed, and my father died when I was nine years old—I was left to my grandfather—my grandmother died when I was about twelve years old, and my grandfather turned me out of doors—I was transported from here for seven years; but, through good behaviour, after four years I came home, and set up in business here—I lost my money by misfortune, and came to poverty, and had nothing to do but to utter base coin—I was sent to the House of Correction for that, and when I came out I was ill in Bartholomew's Hospital—I then had nothing to do but to utter base coin again—I hope you will have mercy on me. GUILTY . Aged 25.— Transported for Ten Years.

Before Mr. Justice Patteson.

Reference Number: t18380129-538

538. WILLIAM GODDARD was indicted for burglariously breaking and entering the dwelling-house of Thomas Henry Kennard, at St. Luke, about the hour of eleven, on the night of the 16th of January, with intent to steal, and stealing therein, 5 pillow-cases, value 8s.; 6 napkins, value 8s.; 4 towels, value 7s.; 3 shirts, value 15s.; 2 shifts, value 8s.; 2 sheets, value 15s.; 2 handkerchiefs, value 6s.; 2 pairs of drawers, value 4s.; 2 flannel jackets, value 7s.; 3 petticoats, value 7s.; 1 table-cloth, value 3s.; I cap, value 9s.; and 2 waistcoats, value 2s.; his goods.

THOMAS HENRY KENNARD . I keep a beer-shop, in Long's-buildings, in the parish of St. Luke. I know the prisoner—he was at my house on the 16th of January—he came in, in company with three others, about half past ten o'clock at night, and went to the first-floor room, where persons go to smoke—there is a skittle-board in the room—I did not see him go into the room, but I saw him go up stairs, and afterwards saw him in the room—I went up, in less than ten minutes after, into the front room, and he was there—I came down again, and went up again within three minutes after—he was not there then—I missed him, and one of the party who came with him—I heard footsteps overhead in my bed-room, and went up, and when within just three steps of the bed-room door I saw the prisoner coming out of the bed-room—I stopped him on the staircase, and asked him what business he had there—he said he had been lighted up there by a gentleman who described it as a skittle-room—I told him that he was wrong, that he had not been lighted up there, and I wished him to go down with me—I then called for a light, a person who came out of the bed-room after him having knocked my light out of my hand—I cannot say who that other man was—my wile brought up a light—she passed me and the prisoner, and followed us down stairs—I went first, and the prisoner behind me—the other man escaped when he knocked the candle out of my hand, and he had a large bundle with him—I could not observe that the prisoner had any thing in his hand—I collared him when I first met him coming out of the bed-room—I had no struggle with him—he at first said he would strike me if I did not let him go, but afterwards he said he would go quietly—my wife was within hearing when I first collared him—I brought the prisoner down stairs, and gave him into the custody of a police-officer—my wife went up to the bed-room—I cannot tell how the bed-room door was when the prisoner first came to the house, as I had not been up stairs myself.

Cross-examined by MR. DOANE. Q. Were there several persons in your house at the time? A. Yes, I suppose about twenty—they were not all up stairs—four or five of them were down stairs, in my private parlour, adjoining the bar—there was a skittle-board in the room which the prisoner went into to drink his beer—the room I went up to is the bed-room—it is used for no other purpose.

Q. Is there any other place where they play at skittles in your house? A. Down in the cellar, underneath—I saw the prisoner come into the house and go up stairs—I afterwards found some of my property in the cellar, which I thought I had lost—the property was taken from the room up stairs—the prisoner was caught at the bed-room door—the man who rushed by and escaped knocked my light out.

CHARLOTTE KENNARD . I am the prosecutor's wife. The prisoner came to our house on the night in question, about half-past ten o'clock—I was in the bar parlour—I carried the prisoner up a pot of ale, and from thence I went up to my bed-room—that was at twenty minutes before eleven o'clock—I had not been in the bed-room before, since half-past nine o'clock—I left the door shut and latched then—it has no lock,

merely a latch, which we lift up—I am quite certain it was Istched when I came down stairs—when the prisoner came he went up stairs—I did not see him come into the front door, but I saw him in the parlour when I carried him some ale—(I had not seen him enter the house)—he was then standing in the parlour with the skittle-ball—there were five or six others in the room—I then went up to the bed-room to fetch something—I found the door as I had left it—when I came out I shut the door as before, and came down stairs—my husband was down stain at that time—he went up a few minutes after, and I heard him on the stain calling for a light—I went up with one, and saw him holding the prisoner, who said, "D your eyes, leave me go," and then he said, "I will go quietly, Sir"—my husband came down first, the prisoner next, and me behind, down the second flight of stairs—I had stood on the landing, and they passed me, and I walked behind with my light—I saw nobody else on the stairs—I saw the prisoner throw a towel, a napkin, and a pillow-case from his jacket on the stairs—they belong to us, and had been in the drawer in my bed-room—I went down stairs, and screamed out for the police—a policeman came in immediately, and the prisoner was given into custody—I went up to my bed-room and found the door wide open, and a great many articles disturbed about the room, and taken from the drawers, which were broken open—they had been locked before—two of the locker were forced off—I missed some shirts, shifts, flannel petticoats, sheets, pillow-cases, and drawers, and a good many articles—I picked up the things the prisoner dropped, and I am quite sure they are my husband's.

Cross-examined. Q. When you went up, on hearing your husband call out, did not the prisoner say something about having made a mistake in the room? A. I did not hear that—I was very flurried and frightened—I did not hear the prisoner say his friend had made a mistake in the room—(looking at her deposition)—this is my handwriting—it was read over to me before I signed it—(read)—"my husband seized the prisoner, who said, 'D——your eyes don't collar me, my friend has made a mistake in the room.' "

Q. Now having refreshed your memory, did he not say so? A. I have not that recollection at this moment—I was asked if my deposition was correct before I signed it, and it is correct—I was very much flurried—I did not see the other man at all—he must have escaped along the passage by the private door—I will swear I saw the prisoner take these articles from his person—I was behind him at the time, as he was going down the second flight of stairs—I made a remark to my husband about it at the time—I have not a doubt that he threw the things from him—some things that were missing from the bed-room I afterwards found in the cellar, where the people were playing at skittles.

ROBERT COLE . I am a policeman. I was sent for, and apprehended the prisoner on the night of the 16th, at the prosecutor's house—Mrs. Kennard delivered me the articles which I produce—I also produce the lock of the drawers.

MRS. KENNARD re-examined. These are what the prisoner dropped—I gave them to the officer—they have my maiden name on them.

(MR. DOANE stated the prisoner's defence to be, that he was taken to the house by a friend—that many persons left the room he was in, and his friend amongst the number—being anxious to find his friend, he proceeded to search for him, and he had just got up stairs to the door of the bed-room when the

landlord came up and seized him, and that the prosecutrix must be mistaker in supposing that the articles fell from his person.) GUILTY . Aged 20.— Transported for Ten Years.

(See page 435.)

Before Mr. Justice Vaughn.

Reference Number: t18380129-539

539. THOMAS WOOD was indicted for burglariously breaking and entering the dwelling-house of Harris Lazarus, at St. John, Wapping, about the hour of two in the night of the 2nd of October, with intent to steal, and stealing therein, 4 pairs of boots, value 1l. 10s.; 3 pairs of shoes, value 6s.; 5 handkerchiefs, value 7s.; 1 pair of snuffers and tray, value 3s.; 1 decanter-stand, value 4s.; and 1 egg-cup, value 6d.; his goods.

HARRIS LAZARUS . I keep an outfitting shop, at No. 112, Upper East Smithfield, in the parish of St. John of Wapping. On the 3rd of October, between seven and eight o'clock in the morning, I discovered my house broken open when I came down, and I found my parlour window open—my house having been attempted several times, I had had some iron bars fixed to the window—one screw was abstracted from the bar—the bar was not removed, but the window was open, and a window was broken in the yard, which goes into the wash-house—that was fastened with a bolt inside the tub-house—there were some bars there as well, and one of them was moved enough to admit the body of a man—I went into the wash-house immediately—I discovered the parlour window open between seven and eight o'clock—I had left that window perfectly safe between eleven and twelve o'clock the night before, I saw it fast—I missed various articles from the wash-house—there were three pairs of my own boots, two pairs of ladies' boots, three pairs of shoes, one plated egg-cup, a pair of plated snuffers and tray, a plated decanter-stand, and five silk handkerchiefs, which had been washed and left there to dry—the property all belonged to myself—I had seen the wash-house fastened the night before, but did not look for the property then—the snuffers-tray, egg-cup, and decanter-stand were taken from the kitchen; the other things from the wash-house—I have seen some of the articles since—they are a pair of boots and a handkerchief, which had been in the wash-house with the others—I found a pair of boots in the cesspool which did not belong to me, and I gave them to the policeman.

Cross-examined by MR. DOANE. Q. Did you see all safe the night Wore? A. Yes; that is my usual custom—I am quite sure I saw them so on this particular night, and on every night—I am generally the last person up, and I was so on that occasion—my wife and I went to bed at the same time—the servant generally goes to bed before us, and did so that night.

HENRY PARKER (police-constable K 10.) On the 7th or 8th of October last, I went to Mr. Lazarus's house, and examined the premises—I found a pair of boots down the privy—I succeeded in getting one up, but the other I could not—I afterwards went to the House of Correction, on the 6th of January, and saw the prisoner there—he had been in custody there for three months, and was about to be discharged that day—I was the cause of his going there—I brought him to King David-lane station-house, and requested him to try the boot on which I had found in the privy—he did so, and it exactly fits him—I received a pair of boots and a handkerchief

from Mr. Hoare, the turnkey at the House of Correction, at the same time—I had taken the prisoner into custody on the 6th of October, lurking about Brook-street, Ratcliffe, and I remember, on taking him into cugtody then, observing him stoop, as if in the act of putting something down—it was up a court in Brook-street—having no further assistance but my. self, I could only secure him and take him to the station-house—I then returned and found two chisels exactly at the place where he had stooped—I have examined the place at Mr. Lazarus's, and there appears to be a pressure on the sill of the window, such as would be made by a tool of this description—the smallest of the two chisels—I do not consider it is at all a mechanical tool—it is not like one—the impression seemed to me to be made by such an instrument—at the time he was at the station-house I desired him to take off his boots, which he did—I remember he had a pair on, similar to those taken from him at the House of Correction, and they were turned down with red as these are—I believe these to be the same he had on when I took him into custody and took him to the station-house—I have shown those boots to Mr. Lazarus, and he has identified them as his property—they are lined inside with a sort of red leather.

Q. Did you ask the prisoner to give any account of these boots? A. I did at the time I first took him into custody—I asked how he came into possession of them, and he said he had bought them in Rosemary-lane, of a man who stood in the lane, and he has told me so again since—I had no idea of the burglary at the prosecutor's then—these are the same boots, to the best of my belief.

Cross-examined. Q. Is not Rosemary-lane a place where articles of wearing apparel are sold in large quantities? A. Yes—I have no doubt there are other boots like these in London—there is nothing particular about them, nor about the chisel—I tried the other boot on to the prisoner, and it fitted him.

Prisoner. It did not, it would hardly go on, it pinched me.

GEORGE HOARE . I am chief turnkey at Coldbath-field's prison. The prisoner was in my custody there for three months—he came on the 7th of October—he was committed from the Thames Police Office, and was brought in the prison van with other prisoners—he brought some clothes with him, part of which he has now on—these boots and this handkerchief are the same he brough't with him—I am quite sure of them—I had them in my possession after he came in—the clothes are taken from all the prisoners that come in the next day, and are delivered up to them again the day they are discharged—they wear the prison dress while they are there.

Q. Can you undertake to say these are the boots and the handkerchief which the prisoner brought among other things? A. Yes, and I delivered them to him on his discharge, which was on the 5th of January—I held them up to him, and asked him if they were his, and he said, "Yes—that was after the prosecutor had seen them—I asked him where he got the boots and handkerchief, and he said in Petticoat-lane.

Cross-examined. Q. Do you know that Rosemary-lane and Petticoat-lane are both in Whitechapel? A. I do, and close together.

MR. LAZARUS re-examined. I tried one of the boots on immediately I got to the House of Correction, and am quite satisfied they are mine—these are the same boots—(looking at them)—this handkerchief is also

mine—I missed five handkerchiefs, and this is one of them—there is no particular mark on it—I lost one of the same description, and I suppose this is the same—the boots are decidedly my own.

MR. DOANE. Q. Why, you did not know that till you tried one on, at any rate? A. Oh yes, I did, when I first saw them—I knew them at once, before I tried it on, but I did that to satisfy others—I am quite certain they are mine—there is no particular mark on them.

NOT GUILTY .

Before Mr. Justice Patteson.

Reference Number: t18380129-540

540. JOHN LANE was indicted for feloniously breaking and entering the shop of James Kelly, at St. Martin-in-the-fields, on the 21st of January, and stealing therein, three pairs of boots, value 11s.; and three pairs of shoes, value 9s.; his goods: and I bag, value 3d, the goods of Joseph Barrett.

JOSEPH BARRETT . I am in the employ of James Kelly, a shoemaker—his shop is at No. 5, Little May's-buildings, in the parish of St. Martin-in-the-fields—I sleep there. I went out last Sunday, the 21st of January, at a little before two o'clock—I fastened the door by a padlock, and the window was fast which looks into the yard—returned at half-past ten o'clock,—it and found the door without the padlock—I tried to open it, but could not—it was fastened inside—I called to the next-door neighbour, and went round into his premises, got a ladder, and got in at tie window which looks into the yard-that was shut, but I opened it—I could see nobody at first, but when I got quite in I saw the prisoner lying across the fireplace, on the hearth—he pretended to be asleep—I tried the outer door, and found a screw-driver, a brad-awl, and a chisel, which belonged to me, placed inside to prevent my getting in—I took them out, and let the policeman in—I found some shoes which had laid on the show-board in the window when I went out, were gone—it was three pain of boots and three pairs of shoes—they belong to Mr. Kelly—I found them deposited in a bag in one corner of the shop, a short distance from the door, in a place where I put the shutters—the bag belongs to me—I asked the prisoner what brought him there—he told me he found the door open, and came in to lie down—I gave him in charge, but found nothing on him—I am quite sure the shoes and boots had been left on the show-board, and not in the bag—I gave them to the policeman.

Prisoner. Q. Were there three pair of boots? A. Yes—two pairs of women's, and one pair of Wellingtons.

Prisoner. There were three pairs of ladies' shoes,

COLIN FORBES . I am a policeman. I was called in on this occasion, and found the prisoner in the shop, lying down on the hearth-Barrett delivered me this bag with the property—the padlock was found inside the shop.

JOSEPH BARRETT re-examined. These are my master's—here are three pairs of boots, and three pairs of shoes.

Prisoner's Defence. All I have to say is, I did not break into the place—I found the door open.

GUILTY .* Aged 15.— Transported for Ten Years.

First Jury, before Mr. Recorder.

Reference Number: t18380129-541

541. CHARLES LILLEY was indicted for embezzling on the 9th of October, the sum of 8s. 6d.; on the 16th of October, 14s. 8d., and 3s. which he had received on account of Edmund Collingwood, his master; to which he pleaded

GUILTY . Confined Six Months.

(There was another indictment against the prisoner.)

Reference Number: t18380129-542

542. WILLIAM JONES was indicted for stealing, on the 19th of January, 1 till, value 5s.; 12 pence, and 41 halfpence, the goods and monies of George Yates.

GEORGE YATES . I am a baker, and live in High-street, Bromley, Is the evening of the 19th of January I saw the prisoner run out of shop with something under his arm—I pursued him about 200 yards, and kept singing out, "Stop him"—I then met the policeman with him in charge—it was very dark at the time—I only heard his footsteps—I could not see him, but did not miss the sound—the officer produced a till containing copper money—I can swear to the till being mine.

Prisoner. It was not me he saw run out of the shop.

THOMAS BARTLETT (police-constable K 286.) On the 19th of January was on duty in High-street, Bromley—I did not see anybody run out of the prosecutor's shop—I saw the prisoner running about thirty yards from the shop—I pursued him, and he was stopped in my presence—he had the till with the money in it—I took him back to the shop, and he said he did it, being in want of bread-somebody said, "If so, he would have takes bread, as there was plenty about the shop"—he then said he did it for: want of a pair of shoes—there were twelve pennypieces and forty-one half-pence in the till.

Prisoner. He did not stop me-a man stopped me, and said I had taken the till—he said, "Here is the boy," and then the policeman took me back to the shop, and said, "Here is the boy that has been taking your till"—I said "I don't know any thing about it"-a woman then came is, and said, "Oh, you naughty boy, what made you do that? there is pleanty of bread about, if you wanted it"—I said I did not want any thing.

GUILTY . Aged 15.— Confined Three Months.

Reference Number: t18380129-543

543. WILLIAM STRINGER was indicted for stealing, on the 30th of January, 1 watch value 4l.; 1 watch chain, value 2l. 10s.; 1 seal, value 1l. 7s.; 1 key, value 4s.; and 1 waistcoat, value 12s.; the goods of John Howard Dean, in his dwelling-house.

JOHN HOWARD DEAN . I live at No. 126 Newgate-street, and am traveller to Orchard and Co., of Smithfield. On the morning of the 30th of Jannary I went into my bed-room, and missed my waistcoat, and afterwards my watch and appendages—the watch is worth about 4l., the chain, 2l. 10s., and the waistcoat, 12s.—the watch was in a case at the head of the bed-they were all gone at the same time—the outer door of the house was kept open-my bed-room door was not locked—the house belongs to Mr. Skelden, but he does not live there—I have only an apartment—it is not a separate dwelling-house—the staircase is common to every room—I pay no rent or taxes—the furniture is my own—I take it by the week, month, or quarter.

Q. Who has charge of the house? A. The person who has the shop and lower part—I am a tenant of his—he rents the whole house—I have merely one apartment—the officer afterwards produced some of my things to me.

JAMES PREEDY . I am a potato dealer, and live at No. 66, Noble-street. I have known the prisoner many years—on the 30th of January I saw him at the tap of the Castle and Falcon—he had a watch-chain hanging from his fob—I asked him the time—he immediately looked at the dial in the tap-room, and said it was two o'clock—I told him the dial was wrong, and what time was it by his watch—he immediately pulled a watch from his fob—I obtained it from him, and noticed the maker's name, and took particular notice of it—I gave it back to the prisoner, and he walked oat—I followed him into Aldersgate-street, and asked him to take some beer, which he said be would, and he came back into the tap-room again—I asked him to let me examine the watch again—I got it into my possession, and delivered it to the landlord, while I went and fetched a policeman—he had a waistcoat on at the time, which has been since claimed—I beg to state that I think the man is a little deranged at the ebb and flow of the moon—I think he is a little mad-brained—I have known him many years, and always knew him to bear a most excellent character, till lately he has been guilty of a few transactions—he is not right in his senses at all times—he is not quite as sound as other people—I lived fellow-servant with him many years.

Q. It seems you did not quite approve of what you saw, or you would not have fetched the officer? A. I considered that it was my duty to do so.

RICHARD SAVAGE . I am a policeman. I produce a waistcoat—I saw it on the prisoner's person—I also produce a watch, which I got from my brother officer, who is not here.

JAMES PREEDY re-examined. This is the same watch I saw the prisoner with about two o'clock in the afternoon.

MR. DEANE re-examined. That is my watch, seal, and waistcoat—I mined them about a quarter or twenty minutes after nine o'clock-when I law the prisoner with the waistcoat on, it struck me he was a fool—he appeared a man of bad intellect, a poor, pitiful object, incapable of conducting himself.

GUILTY .* Aged 14.—Recommended to mercy by the Prosecutor.— Confined Six Months.

Reference Number: t18380129-544

544. JAMES GRAY was indicted for stealing, on the 30th of December, 1 table-cover, value 2s. 6d., the goods of Edmund Deane.

EDMUND DEANE . I am a brewer, and live at Feltham, in Middlesex. On Friday, the 30th or 31st of December, I missed from my garden a tablecover worth 2s. 6d.—it was brought to me nine or ten days afterwards, by a person named Warre, who deals in second-hand clothes.

ELIZABETH WARRE . I live at West Bedfont. I have seen the prisoner at different times—I bought this table-cover of him—I did not know it was stolen—I gave him 2s. for it—it was on the 30th of December-our house is about three-quarters of a mile from Feltham-a man named West was with the prisoner, but did not interfere.

ROBERT JAMES THORPE . I am a constable of Feltham. I apprehended the prisoner—he told me if I would allow him to go down to Mr. Deane,

he would beg his pardon, and would go to work, and pay for the tablecover—I had told him that I was going to take him up on suspicion of having stolen the table-cover from Mr. Deane, knowing he had sold it to Mrs. Warre-since that, he has told me that he was in company with West and a person named Beadham-that Beadham took the cover, and he was in company with them.

(Property produced and sworn to.)

Prisoner's Defence. I was walking along, close by the garden, and picked up the cover just by a rickyard, about twenty yards form where they say it was lost.

GUILTY .* Aged 21.— Confined Six Months.

Reference Number: t18380129-545

545. GEORGE BAYLISS was indicted for stealing, on the 28th of December, 1 watch, value 10s.; and 2 rings, value 7s.; the goods of John Francis.

JOHN FRANCIS . I live in Elbow-place, Howard's-green, City-road. I have known the prisoner about two years-for the last eighteen months he has been in the habit of playing with my children—I missed a watch and two rings on the 2nd of January—I have since had a watch and two rings shown to me, but I cannot swear they are mine—I produce the watch.

Q. What is your reason for doubting whether it belongs to you when you have it in your pocket? A. Because I have no mark on it, and do not know the number—I lost a watch similar to it, but I am not confident, of it—I cannot conscientiously say it is mine—(looking at the rings)—I said before the Magistrate, as I say now, the rings I cannot swear to—I have no belief about the matter-if I could have sworn to the watch conscientiously, I would have done it immediately.

JAMES LAXTON . I am eleven years old. I know the prisoner—he is a neighbour—I saw him in Rahere-street, and he told me he had a watch and two rings, and that they were Mr. Francis's—I asked him in King-square to let me look at them—he then said he had none, and then winked his eye, and laughed at Price—I saw the two rings in Price's possession, but did not see the watch.

HENRY PRICE . I am twelve years old, and live in Seward-street I know the prisoner by being a neighbour-be told me he had a watch and two rings—I cannot tell on what day that was—he did not show me any watch—he showed me two rings, and said he had got them out of Mr. Francis's, and a watch too, which he had sold to young Master John Russell.

JOHN RUSSELL . I live at No. 31, Noble-street, St. Luke's, (looking at the watch)—I was to have bought this watch of the prisoner, but I did not pay him for it—I had it on the Thursday in Christmas week, and delivered it up on the Saturday in the new year—I was to pay 8s. for goes—he told me it was his own.

Q. Did you think it honest to give 8s. for a watch that would go? A. Yes—I am a wire-drawer, but am going to sea when I can get a ship-my father is a wire-drawer—the prisoner was in our employ.

NOT GUILTY .

Reference Number: t18380129-546

546. EDWARD JONES was indicted for stealing, on the 11th of January, 1 pair of breeches, value 2s. 6d.; 1 waistcoat, value 2s.; 1 shirt, value 1s. 6d.; 1 pair of stockings, value 6d.; and 1 handkerchief, value 6d.; the goods of William Williams.

WILLIAM WILLIAMS . I live at No. 20, Union-street, Hoxton New-town, and work at the gas factory in Brick-lane. On the 11th of January I left the place where the coke is kept, and left the prisoner near the fire—shortly after I missed all the clothes stated—I went to the stable where the prisoner worked, and told him he had taken a bundle out of the coal-hole—he said he had not—I took him, and looked round his place, and found the bundle containing my property, in the stable he Was in—these are them—(looking at them.)

JOHN KERSHAW (police-constable G 123.) I took the prisoner in charge, and took him to the station-house—I found the waistcoat on him—the rest of the articles stated in the indictment were in the bundle.

WILLIAM WILLIAMS re-examined. This is my waistcoat.

GUILTY .* Aged 26.— Confined Nine Months.

(There was another indictment against the prisoner.)

Reference Number: t18380129-547

547. JOSEPH ARMITAGE was indicted for stealing on the 6th of January, 2 wooden boards, value 5s., the goods of Hugh M'Intosh.

SIMON JOSEPH COSGRAVE . I am watchman at the Grand Junction Waterworks, at Old Brentford. I know the prisoner—on the 6th of January, about half-past five o'clock in the morning, I heard him call to a watchman who was on board a barge on the other side of the river—I hew his voice, and called to him, "Is that Joe?"—he came down to me, and said, "Yes, is that you?"—I said, "Yes"—he said, "I suppose Bob (meaning the watchman) is asleep; what o'clock is it?"—I said "Half-past five"—he said, "I thought it. was half-past six"—I said to him in joke, "Go and have half a pint of beer, and spend the time"—he said, "No, I will go and turn in again." and He left me—I walked away in the same direction-as I stood on the platform I thought I heard a noise in the yard of the next quay—I stopped some time, and then heard the prisoner jump with some boards from the top of the wall—I ran towards him, and he ran towards the rivet with the planks—he put the planks as far into the river as he could, and sent them adrift—I called out to the other watchman in the barge, and called to the police—the watchman came out in a boat—the prisoner made every exertion to get away—he was in the water, and I was on the bank—I called for the police, and the watchman to come from the other side, and he came across in a boat—the prisoner got into the boat, and the watchman secured him—the planks belong to Mr. Hugh M'Intosh.

Cross-examined by MR. HORRY. Q. Where were you when the prisoner came up to you? A. The prisoner was fifty or sixty paces from me, and two or three paces from Mr. M'Intosh's yard—there is a wall round the yard, eight or ten feet high—when he left mei he went towards his own home, and from the prosecutor's yard—I did not watch him, as I did not suspect him at all—I never said I watched him—I heard the noise about a quarter of an hour after he left me—I saw him go in a direction from the prosecutor's yard—I was on the footway, before the river, when I heard the noise-that is between the premises and the yard.

Q. How could he get into the yard without your observing him? A. About fifty paces up the wall it is broken down, and there is a way to get over the platform—the noise was in the direction where I had first spoken to him—he jumped from the top of the wall—I heard him drop from the

top of the wall and the planks with him—it was rather dark, and I could not see him at that distance—I saw the planks, and I knew immediately when I saw them in his arms, that they were two I had seen in the yard the night before—he fell down by the river side in trying the escape.

Q. Did you say any thing to him about a boat-hook? A. When he called Bob, the watchman, he asked me if the boat-hook was in the boat, and I said no, it was in the yard—he did not go into the yard to fetch it—he left me, intending to go home—I do not know whether he has a punt—there is a punt there of Mr. M'Intosh's—he threw the planks down in the direction of the water-part of them remained on the land—I had counted the planks in Mr. M'Intosh's yard the night before-we compared these with others belonging to the prosecutor, and they corresponded exactly.

COURT. Q. Although you did not see who jumped from the wall, you pursued the prisoner, and saw him making his way to the river, with the planks? A. Yes, and he ran along in the water, as I ran on the dry ground.

JAMES MYNOTT . I am a policeman. I was on duty in Old Brentford, about a quarter to six o'clock in the morning, and took the prisoner into custody, over the other side of the water—I charged him with the offence—he said he took one of the planks to push his punt off with, but he did not take two—I went into a boat to recover the planks, and found them in the possession of two fishermen—his own father had picked one up, and the other was in another boat—the prosecutor claimed them, and they conresponded exactly with the rest.

MR. HORRY, on the prisoner's behalf, stated that he had no intention of stealing the planks, but merely took them to assist him in getting into his punt)

JAMES MYNOTT re-examined. A. boy twelve years old might have launched the punt off without any plank—it was not above nine feet long, and it was empty.

Prisoner. It is twenty feet long, and four feet wide.

SIMON JOSEPH COSGRAVE re-examined. I saw him jump from the wall. GUILTY . Aged 20.— Confined Three Months.

NEW COURT.—Thursday, February 1st, 1838.

Fifth Jury, before Mr. Common Sergeant.

Reference Number: t18380129-548

548. STEPHEN HARMER was indicted for stealing, on the 9th of January, 9 yards of woollen cloth, value 6l. 13s., the goods of George Woollett and others; to which he pleaded

GUILTY . Aged 21.— Confined Six Months.

Reference Number: t18380129-549

549. JOHN M'CARTHY was indicted for stealing, on the 27th of January, 1 pair of boots, value 20s., the goods of Henry Gaze.

HENRY GAZE . I live at No. 155, Cheapside, and am a boot and shoe-maker. On the 27th of January I lost this pair of boots—I know them from their general appearance and the number on the toe—(looking at them)

EDMUND WORTON . I was in Mr. Gaze's shop on the 27th—I work for him—I received some information, and ran out—I perceived the prisoner running across St. Martin's-le-grand—I ran and caught him—I did not see him do any thing—he had these boots in his hand—I took him and the boots—I know these boots, they are Mr. Gaze's—the prisoner did not say a word.

Prisoner. I asked what he wanted with me—I picked them up, going across the street. Witness. No, he did not—he was pointed out to me—the boots were on a nail, inside the door of the shop.

JOHN FEAREY . I am an officer. I took the prisoner, and have the boots.

Prisoner. I saw them in the street and picked them up, and was turning down the street, when this boy caught me—I asked him what he wanted me for—he took me and called a policeman—I told him I had picked them up. Witness. He did not speak a word to me.

GUILTY . Aged 20.— Confined Three Months.

Reference Number: t18380129-550

550. MARY DUNN was indicted for stealing, on the 6th of January, 6 sovereigns, the monies of John Lucas, from his person.

JOHN LUCAS . I live at No. 1, Cleveland-street, and am an attorney's clerk. On Saturday evening, the 6th of January, I went out on a visit, and came home on Sunday morning—having arrived at Oxford-street, I met the prisoner—she accosted me, and induced me to enter into conver—I sation with her at the corner of Berners-street, and while we were talking, I the seeing my trowsers pocket unbuttoned, thrust her hand in, and took out six sovereigns that were loose—there were nine, and she left three I—I know they were there, because I had made up my accounts in the evening, at about six o'clock—I was not drunk—I had been drinking, but I am certain the money was in my pocket—she ran away, but I took her at a short distance—I do not know whether she was searched, or whether she delivered the money to the policeman.

Prisoner. I met him—he asked me where I was going—I said I did not know, I had no lodgings to go to—he got into conversation, and said, "Will you take a walk as far as my house?"—I said, "I have no home nor lodgings"—he said, "If you will walk with me up here," which I did, and we got half a dozen doors up Berners-street—he stood and talked to me—he said, "I have but 4s. or 5s., whatever I have I will give you"—we staid there a few minutes—he gave me 4s. or 5s.—I put the money into my pocket, and while we were there the policeman came by, and saw us there—he passed by, and the prosecutor said, "You need not mind the policeman, he will not know but that I live here"—I then consented to what the prosecutor wished, and staid there ten minutes—he said, "What money have you got in your pocket?"—I said, "What makes you want to know?"—he said, "You have robbed me?"—I said, "If I have robbed you, give me in charge"—he said "Stop till the policeman comes, and I will"—I stopped, I suppose ten minutes, and then the policeman came—he said, "You are not going to run away"—I said, "No, and I will go to the policeman"—I did so, and said, "This gentleman accuses me of robbing him"—he wanted to know what money I had—I said, "You are welcome to see, I don't know whether it is 4s. or 5s.," and I gave it to the

policeman—he said, "It is five sovereigns"-if he had said he had made a mistake I would have given it him back again—he said he had given me nothing. Witness. I swear I did not attempt to give her any thing—I nothing to do with her whatever, except conversation.

Prisoner. As true as there is a Judge over your head and mine, may I never move from this place if he did not do what I have stated. Witness No, I did not, I deny it totally.

WILLIAM GLADDEN (police-constable F 133.) About three o'clock on this morning I saw the prisoner and the prosecutor in Berners-street, in a public place—I cannot say what took place before—I saw them standing talking—I passed and looked at them—I went up to the corner of Castle-street and looked at them—on a sudden I saw the prisoner run away towards Oxford-street—the man ran after her and called "Police"—I went up—he said, "I give this woman into custody, she has robbed me of 3l. or 4l. perhaps more; I cannot say till I look over my accounts"—the prisoner said, "What I have got is 6s., which he gave me to have to do with me, and now he wants to swear I robbed him, I will give you all the money I have, which is the 6s. he gave me"—she took out five sovereigns, a sixpence, and three farthings in copper money.

Prisoner. Mr. Lucas had given me the money when the policeman first passed, then he went his round and came up Berners-street again, and I said "Here is the policeman, if you wish to give me in charge."

JOHN LUCAS re-examined. No, she did not say so—when I discovered that she had robbed me, I looked round to see for a policeman—I thought she might have put it on the pavement, I began to feel about, and shear off, and I followed her, and gave her into custody.

Prisoner. Q. Did I not go to meet the policeman? A. No.

Prisoner to, WILLIAM GLADDEN. Q. Did not I run to meet you? A. I ran after you.

GUILTY .* Aged 46.— Confined One Year.

Reference Number: t18380129-551

551. WILLIAM ORGAN and JOHN LEWIS were indicted for stealing, on the 7th of January, 1 pig, price 3l., the property of Frances Rumsey.

FRANCIS RUMSEY . I live in Mare-street, Hackney, and am a farrier. I had a pig—I saw it safe about seven o'clock in the evening of Saturday the 7th of January—it was gone on Sunday morning—I had left it safe in the stye, in the farm-yard—part of it was covered up—the next morning the top rail was broken down—it was a sow pig—I saw it again in the green-yard on the Monday—I did not know the prisoners till I saw them at the Magistrate's—I knew the sow—I had bred her—she was three yeanrs old.

Cross-examined by MR. PHILLIPS. Q. Was she a very domestic sow fond of the stye? A. She always eat whatever I gave her—she was a very good one—she used to wander a very little about my own yard and premises—she has gone to Mr. Briggs's when she has been hogging—that is the time when sows will leave home—we did not confine her only when she was shut up to fatten-at other times she has been about the yard—she had not been out for six weeks before that Saturday night—she did not take to her heels, and get off whenever she could—I have never said she was very much in the habit of straying—I do not know a person of the name of Gardiner—yes, I know a gentleman of the name of Gardiner, but

never spoke to him—not on the suit of the pig—I have spoken to many gentlemen of the name of Gardiner—I do not know who you mean—I know this gentleman—(looking at one)—I did not tell him that the pig was in the habit of straying, nor any thing of the kind, except at certain times, when we knew where she was gone to—Mr. Briggs and I fetched her back—I do not know George Imber—I know this man—(looking at one)—I do not know his name—he came to my house—I told him, as I say now, at certain times the pig was in the habit of straying—I did not tell him that, from what the watchman said, I thought my pig was in the habit of straying—I said the watchman said he saw a sow, but I did not know it was mine, nor he either—my sow was a white one—she was not at all in the habit of straying at nights—I did not say she went about the country—she never did stray—we saw her go out of the yard, and followed hers; he went to Mr. Briggs's, and they shut her up.

DENNIS POWER (police-sergeant H 18.) On Sunday morning, about four o'clock, I was on duty in Brick-lane, Spitalfields—that is about two miles from Hackney—I met the two prisoners at the bar, driving a pig before them—I asked them where they were going with the pig—they immediately turned round, and told me they were going home, to be sure—I then said to the constable who was with me, "Take these two men into custody, take them to the station-house; I will endeavour to drive the pig to the green-yard, and get a better explanation"—after they found they were in custody, they told me and the constable that they had found the pig a short distance from there, and were going to take it to the green-yard—I asked them what green-yard—they said, "Whitechapel"—Lewis said there was one in Back-church-lane, which I knew there was.

Cross-examined. Q. How far is that from Whitechapel? A. I suppose three or four minutes' walk—the men said this before they were taken to the station-house—this was a public highway, along which any one might pass.

GEORGE GREEN (police-constable H 189.) I met the two prisoners going along with the pig—the sergeant said, "Where are you going with the pig?"—"Home, to be sure," said they—"At this time of the morning?" said he; "Green, take those two men into custody," which I did.

Cross-examined. Q. Was that all the men said after you took them into custody? A. They said they were going to take it to the green-yard, Whitechapel—I do not recollect any thing more.

Q. Upon your oath, did they not tell you they found the pig straying? A. They did—I did not recollect that—it is three weeks since I was examined before the Magistrate.

MR. PHILLIPS called

JOHN SWANDSWORD . I am a private watchman at the Triangle, at Hackney. I was on duty at twelve o'clock at night, on the 6th of January—between eleven and twelve o'clock I perceived this sow in the road—it was about a quarter after eleven o'clock—I went to Mr. Butcher's, and asked if it was their sow—they said it was not, it was Mr. Rumsey's—I afterward's heard that the officer had it—I did not see it after that—I saw a sow straying.

COURT. Q. What sort of a sow was it? A. A short-bred sow—she did not appear to be feeding for bacon—I should consider it was hogging—it was straying any where it liked to go—it was white.

FRANCIS RUMSEY re-examined. Q. Was she very fat? A. About half. fed, and going on well—she was about eighteen or twenty stone.

WILLIAM LOOMS . I am carter to Mr. Rhodes. I remember, on Sunday morning, the 7th of January, at one o'clock, seeing a sow straying opposite the Globe, close by Hackney—road—I know where Mr. Rumsey lives—this was about half a mile from there—I know Mr. Rumsey's sow—it was her I saw straying, and I have since seen it at Mr. Rumsey 's—I am sure it was the same—I did not go to Mr. Rumsey's—I saw his sow—I did not go to the station-house.

JAMES INGRAM . I am a publican, keeping the Three Compasses, at Anchor-street, Brick-lane. I remember Twelfth-night quite well—Lewis was at my house that night—he came about six o'clock in the evening with a few friends, and left a little before twelve o'clock.

WILLIAM ADEY . I am a shoemaker. I remember the 6th of January, Twelfth—night—I was at Mr. Gower's, who keeps the Sun public-house, in Slater-street—I know the two prisoners—I saw Organ there when I went at ten o'clock, and he was there till I went home, at twenty minutes after three—at a quarter past twelve o'clock, Lewis came—he joined in company, and was not out of my sight five minutes.

JOSEPH GOWSR . I keep the Sun, the house the last witness refers to. I have known Organ two or three years, and Lewis twelve or eighteen months—I have known Organ work for his living at Smithfield market, and Romford market, and he has borne an honest character—on the 6th of January Organ came to his club, and paid me his club money, between eight and nine o'clock—he staid there till a little after three—Lewis and his wife came in about twelve o'clock, and remained there till about three.

THOMAS GARDINER . I am a dealer in vegetables, in Spitalfields-market. I know the prosecutor—I went to Cambridge-heath, and called in at Mr. Rumsey's—he said, in the presence of his wife and daughter, that his sow was in the habit of straying.

GEORGE IMBER . I am a turner. I know the prisoners—I have known Lewis about a year and a half, and the other about two yean, always honest, hard-working, industrious men—they are both married, and have families—I have been to the prosecutor's house, and in the presence of the last witness he said that the sow was in the habit of straying, and, moreover, he told me so yesterday, outside the door.

JOHN DYBEL . I am a master drover, and live down the Dog-now. Organ has worked for me eight years, and he was always honest—I know where the green-yard, Whitechapel, is—drovers know that.

NOT GUILTY .

Reference Number: t18380129-552

552. ANN JONES was indicted for stealing, on the 26th of December. 1 brooch, value 8s.; and 1 breast-pin, value 2s.; the goods of William Stevens.

MR. DOANE conducted the Prosecution.

JANE CAROLINE STEVENS . I am the wife of William Stevens, he keeps the Rose Inn, Smithfield. The prisoner came into my service last May, and left in December, about eight weeks ago—I missed a brooch which was kept in my room, in one of the drawers—it was open at times,

and she would have access to it—I also missed a pin—I have seen them since.

Cross-examined by MR. PHILLIPS. Q. I believe the worthy alderman before whom this was taken first, wished to have the prisoner punished for illegally pawning? A. I do not know what he wished—he asked Mr. Stevens whether he wished to press the charge—he did not wish to press it, only to punish her for illegally pawning—I have had a quarrel with the prisoner since she left my house, before this charge, it was before I found she had the brooch, but not before I missed the things—it was because I would not give her an honest character, and she was very abusive, calling me names—the name of Crawley was mentioned—it was all false what she said—I do not know whether she is a Welsh person.

CHARLES MAINE . I am shopman to Mr. Carr, of No. 15, Peter's-lane, Cow-cross; he is a pawnbroker. I produce this brooch, which was pawned on the 26th of December, in the name of John Fleming—Mr. Stevens got it by paying the interest—we never allow people to see things until they pay the interest.

Cross-examined. Q. Did you know the person before? A. Yes, I did—he pledged it in his own name—I asked him whose it was—he said it belonged to a young woman, he did not know her name—he represented that he was very well aware that it was her property—the address I have is No. 18, Peter's-lane—he had pledged with us frequently before, and that was the address he always gave me, that I am sure of—Fleming's Christian name is John, I believe—I cannot swear it, as this ticket is not my handwriting—I took the pledge in, but a youth wrote this—I cannot swear that I heard the man give me the name—he has given me the name of John—I do not know his profession—I did not ask him what he was in the house—he said he was a lodger—he was a person I was inclined to trust—I did not know it was stolen, at first.

JAMES FLEMING . I lived at No. 14, Peter's-lane, and live now at No. 2, New-court, Peter's-lane. I pawned this brooch and a necklace—the prisoner came to my house, and said she had been playing at cards the night before, and lost 9s., that she bad not a farthing, and had not the money to pay for the cab to carry her box to her new place, and she told me to get 10s.—the pawnbroker tried them with the stuff he had in the bottle, and would not give me more than 7s., and that I took.

Cross-examined. Q. I am told you are a married man? A. Yes; Mrs. Fleming is alive—she goes to the prosecutrix's house at times—she goes to work, not up stairs to the bed-room—she is not here—it was the prisoner gave me this brooch—my sister was present at the time—her name is Sarah Wright—she is alive and well, but she is not here—I am in the smithering line—I keep a small shop—I have been living at No. 2, New-court, Peter's-lane, for ten months—no, I do not think I have—I cannot tell to a day or a week.

Q. If you lived on the 9th of this month, as you must have done, at No. 2, New-court, Peter's-lane, how came you to give your address "No. 18, Peter's-lane?" A. I used to live at No. 14, Peter's-lane, and I gave that address—I always gave the name of James.

MR. PHILLIPS to CHARLES MAINE. Q. How came you to put "John" on the ticket? A. I copied it from the original; he gave the name of "John."

GEORGE CRAWLEY (City police-constable No. 61.) I proceeded to the

house of Mrs. Wyard, at Clapton—the prisoner lived servant there—I searched a box—she said it was hers—I found several little things, and among the rest this black pin.

Cross-examined. Q. Do you call this a pin? A. I do not know what it is called; that is the name I give it—she was at home at the time—she was at this house—her mistress was present—she is not here, to my knowledge—I had no quarrel with the prisoner—I never heard of her saying any thing of me and Mrs. Stevens—the prosecutor's house is on my beat—I have been in there after duty—it is a very respectable public-house—I have been there of an evening, but not very often—I have been there two or three hours at a time, in the parlour, in company with several respectable people—the landlady has only been there when called for to come and go.

MR. PHILLIPS to MRS. STEVENS. Q. You told me that the name of Crawley was mentioned respecting something this poor girl said? A. I did not—she said I went on improperly with several people, but never mentioned this policeman—I cannot say how often the policeman has been there—I may have seen him every day, or two or three times a week—I may not have seen him at all—I really cannot tell how often I saw him in the course of last week.

MR. DOANE. Q. Any aspersions that she may have thrown out, is there any foundation for? A. Not the least.

WILLIAM STEVENS . This black pin and brooch are mine.

(The prisoner received a good character.)

GUILTY of stealing the pin. Aged 29.— Confined Six Days.

Reference Number: t18380129-553

553. JOHN HODKINSON was indicted for embezzlement.

MR. PAYNE conducted the Prosecution.

JOHN HENRY RUSSELL . I am a tailor, and reside at No. 3, Bruton-street. The prisoner was in my employ—he came on the 2nd of January, 1837—he was authorised to receive money on my account, and was to pay it over to me on his return—on the 18th of November I sent him to Mr. Rose, of Aylesbury, with clothes—I told him he might as well take the hill—Mr. Rose was generally kind enough to pay his bill when it was sent—it was at Gray's-Inn Coffee-house—he took the bill with the clothes—if he has received the amount he has never paid me—the bill was 9l. 4s., and the discount was 9s., which would make it 8l. 15s.—when he came back he said Mr. Rose was busily engaged in preparing to leave town—he had been some time from home, and did not know how his account stood at his banker's—I inferred he had not paid the money—I did not receive the money—I sent another bill on the 2nd of January, and received a letter from Mr. Rose, saying he had paid it—I had a customer of the name of Goodhall—if the prisoner has received any money from him, he has not paid it to me—I had a customer of the name of Smith, about the 4th of October—if he has received 10s. from him, he has not paid me that.

Cross-examined by MR. PHILLIPS. How long had this man been in your employment? A. From the 2nd of January, 1837, at a weekly salary; and he was to introduce customers, for which I was to allow him 7 1/2 per cent, commission—he had been formerly in the trade, and part of the time he was respectable—he was not respectable all the time—that was not the reason I took him—I had known him many years, and thought to

serve him and myself—it was for my own advantage I took him, as well as his—I do not think he could have got employment any where else—I have been a poulterer in Norris-street, Haymarket, and in the Haymarket—I served my apprenticeship to it, and was in business eight years—I turned tailor because the situation offered itself of taking it in the house that Hodkinson was then serving—I accepted it with a relation of my wife's—I was unfortunate in business—I have lived there twenty years—I failed, and my attorney got my certificate—I gave my attorney the money to get it—I never did get it—it might have been got from the Court—I have been in partnership, and since then alone for two years and one month—I was compelled to dissolve the partnership because my partner was going too fast—I compounded with my creditors—I owe the prisoner wages, and he owes me money—there is an account between us—I have never settled it—I do not remember before he left me having a quarrel with, him about Mr. Rose's account—he left me on the Monday—no dispute took place on the Wednesday about any account—he did not tell me he had received Mr. Rose's money, and if I had not entered it, it was not his fault, but mine—he told me he had received it on my taxing him with it on Monday, and said, "Instead of my owing any thing to you, you owe me 20l. 10s. 6d. for wages"—but I deny that I owed it him—I have not called him in to check the account with him—I we him about 6l.—that has been made out in his absence—he left me on Monday, the 8th of January—I said I thought he would find himself mistaken—I do not think I told him to make out his account—he said he would be ready to make out his account—I will not swear that I did not tell him—he said, "I will not stay with you any more, I will come in the morning and have a settlement"—I asked him if Mr. Rose's account was paid, and he said he had paid it—said, "In the morning I will send for you"—he then went away—I said I did not intend he should stop—I told him it was very likely he would find I did not owe him the money, because I had got this bill against him—I told him I would send for him—I was intending him to go, but I did not wish him to know that I had received Mr. Rose's letter—I will not swear that I did not say any thing else—I said, "I desire you not to go to solicit iny customers"—I had forgotten that—(I was afraid the first day that he would go to the customers he had brought, but not on the next—I had him in custody the same day—I did not swear that I was afraid that day, but not the next—he could not go out when he was in jail)—the prisoner made answer, "That will rest with me, Sir"—I allowed him to go—he had an opportunity of fleeing, if he was conscious of guilt—I taxed him with Mr. Rose's money before that—he did not say, if I had not entered it, it was my own fault—I think I had no altercation with him on the Wednesday before about money matters—I think I can swear it—I will say, to the best of my belief, we had not—I will swear that we had no quarrel about money matters—I did not make a settlement with him before he left, because I wished to know the extent of my loss.

MR. PAYNE. Q. On the Monday when you had the conversation with him, was there any account of monies received from your customers? A. No, on the 18th of November he was indebted to me for monies received from my customers—I did not know it then—it was his duty to pay over monies received from my customers, and the other account was quite a different matter.

GEORGE HEWITT . I am servant to Mr. Henry Smith. I paid the prisoner 16s., some time in October, for Mr. Smith, for a pair of leather drawers.

HENRY EDMUND GOODHALL . I owed Mr. Russell money in October—I paid the prisoner 2l. 9s. 6d., the amount of the bill was 2l. 12s.

JOSEPH ROSE . I am a solicitor at Aylesbury. I was at Gray's-Inn Coffee-house on the 18th of November—I received some clothes, with a bill, from Mr. Russell, amounting to 9l. 4s.—I paid by a cheque 8l. 15s. to the prisoner—I did not tell him any thing about my having an objection to pay, because, I did not know how my account stood at the bankers—I received another bill from Mr. Russell—this is the cheque I gave him—(producing it.)

COURT. Q. In the settlement of your account with the bankers, has it been returned to you as paid? A. It has.

COURT to JOHN HENRY RUSSELL. Q. Have you allowed him anything for the commission? A. I have not—there is a commission account running, but the orders that he brought to me are all fictitious—there is a small commission due to him, about 3l. 7s.—he has certainly introduced names, and brought orders, but in all the accounts not one owes me a penny.

NOT GUILTY .

(See page 480.)

Reference Number: t18380129-554

554. MARY CARROLL was indicted for stealing, on the 9th of December, 1 quilt, value 11s., the goods of Mary Johnston, her mistress.

MARY JOHNSTON . I live at No. 10, Crescent-place, Burton-crescent. The prisoner was in my service about ten weeks—she left me on the 12th of December, the day I missed the quilt—this is my quilt—(looking at it)—she absconded on my inquiry for the quilt, and said she would bring it me.

Cross-examined by MR. CLARKSON. Q. Are you a married lady? A. No—my Christian name is Mary—I think the prisoner is about sixteen—I never heard of the name of Margaret Simpson—I did not tell the prisoner if she would give up the ticket I would forgive her—I wrote a note to Mrs. Austin, saying if they would bring the things, I did not with to prosecute.

ARTHUR JOHN NORTH . I live at No. 5, Skinner-street, in the service of a pawnbroker. I have the quilt which was pledged by the prisoner on the 9th of December, for 5s., In the name of Mary Johnson.

Cross-examined. Q. Was she alone or in company? A. I do not recollect—on this ticket is written "9th of December, 1 quilt, 5s., Mary Carroll, 14, Burton-street"—I asked her whose it was—she said her mistress's, as she had done before when she pledged things—it was pledged on Saturday evening, the 9th of December—I advanced 5s.—I never inquired who her mistress was—there was a person who pledged things, who came with the prisoner at different times, of the name of Linney—she lived in Compton-street—I think she is a milkwoman—she used to come with spoons and different things—I never saw the prisoner come drunk—she has come in a great hurry, and brought three spoons, a quilt, and shift, and Mrs. Linney with her, and she said they had belonged to a lady she had known some time—they might have

some as often as ten or twenty times—I never took the trouble to go to the place where she said her mistress lived. (The prisoner received a good character.)

GUILTY . Aged 17.—Recommended to mercy by the Jury.— Confined One Month.

Reference Number: t18380129-555

555. GEORGE PENNY was indicted for stealing, on the 15th of January, 2 cart steps, value 12s.; and 1 chaise spring, value 7s.; the goods of Isaiah Bartlett.

ISAIAH BARTLETT . I live in William-court, William-row, Westminster. The prisoner was in my employ—I missed a pair of cart-steps and a chaise-spring, on the 15th of January—I went to Duck-lane—the prisoner lodged there—I saw him in the room, he had just got out of bed, and was dressing himself—I found these things in the room there—he said nothing to me.

Prisoner. I know nothing about the property—I do not know how it got to the place.

GUILTY . Aged 28.— Confined Three Months.

Reference Number: t18380129-556

556. JAMES WEBB was indicted for stealing, on the 26th of December, 3 knives, value 1s. 3d.; 3 forks, value 9d.: also, on the 4th of January, 1 gown, value 5s.; and 3 flannel wrappers, value 6s.; the goods of George Larthall Bellamy, his master; to both of which he pleaded

GUILTY . Aged 15.— Transported for Seven Years.

Sixth Jury, before Mr. Sergeant Arabin.

Reference Number: t18380129-557

557. JOSEPH EVERY was indicted for stealing, on the 10th of January, 1 coat, value 14s., the goods of William John Huetson.

WILLIAM HOWES . William John Huetson is a pawnbroker; I am a pawnbroker also, and carry on business in Kingsland-road. I received in pledge a great coat from the prisoner, on the 10th of January, in the name of "John Cording," which is the name he always used.

Cross-examined by MR. BALLANTINE. Q. Is it not a jacket? A. It is a coat—I lent 14s. on it—it is a thing he would be likely to have—I have known him before.

JOHN GODFREY . I am a pawnbroker. This is Mr. William John Huetson's property—he is a pawnbroker living, in Kingsland-road—we missed this about the 12th of January.

Cross-examined. Q. When had you seen it before, was it at the Police Office? A. I cannot say; we missed it on the 12th—it had been there some months—I had seen it within three months—I am the only shopman—we had a boy, who is now gone—he was turned away—he was not dishonest, but he did not suit—he went on the 3rd of January—I do not know whether this coat was gone then—that boy is not here—he had not the care of these things—there was a salesman over him—he had the means of getting at these things.

(The prisoner received a good character.)

GUILTY . Aged 19.—Recommended to mercy by the Jury.— Confined Three Months.

Reference Number: t18380129-558

558. JOSEPH BAXTER was indicted for stealing, on the 16th of Jannuary, 18 glass bottles, value 2s. 6d., the goods of David Salomons; to which he pleaded

GUILTY . Aged 24.—Recommended to mercy by the Prosecutor,— Confined Six Months.

Reference Number: t18380129-559

559. ELLEN BRYAN was indicted for stealing, on the 18th of January, 1 shawl, value 8s. 8d., the goods of John Gower.

DAVID GRIFFITHS . I am in the employ of Mr. John Gower; he lives in King-street, Covent-garden, and is a linen-draper. At eleven o'clock it the morning of the 18th of January, I hung up the shawl in the lobby—after that I heard the line snap—I ran out, and about eight or nine yards off I saw the prisoner secured by some gentleman, and this shawl dropped from her—I took it up, brought her into the shop, got the officer, and gave her in charge—this is my master's shawl.

Prisoner. You said you saw me pull it down. Witness. No, I did not.

Prisoner. There were two girls pulled it down, and threw it down at my feet—I told my mother who the two girls were, and they are gone into the country—my mother is now ill in bed, or I should have had characters—there was no gentleman there at all; if there was, why don't he come—this is the first time I have ever been in such a situation, if you will look over it this time. Witness. I did not see any other girls there—I had hold of her when she dropped it.

GUILTY . Aged 14.— Confined Three Months.

Reference Number: t18380129-560

560. JAMES CLIPSOME, GEORGE LOUKE , and JOHN COOPER , were indicted for stealing, on the 21st of January, 1 pig, price 1l., the property of Thomas John Bolton, the master of Clipsome and Louke.

MR. PAYNE conducted the Prosecution.

WILLIAM COUZENS . I live at Kent's-place, Paddington, and am foreman to Mr. Thomas John Bolton, an omnibus proprietor. Clipsome was a washer of carriages—Louke and he were in Mr. Bolton's employ—three Chinese pigs were in the body of an old omnibus in Mr. Bolton's yard—on the 22nd of January, Monday morning, about seven o'clock, I missed one of the pigs—there were two left—I searched for the lost one, but did not find it—in consequence of suspicion I went to Mr. Feltham the inspector, and we went to Clipsome's house in Kent-place, on Tuesday, a little after six o'clock in the evening—Clipsome was at work in the yard—Mr. Feltham went up stairs—I remained down below for ten minutes or a quarter of an hour—I afterwards went up, and saw some pork in Clipsome's room, and the entrails of a pig in a dish in a bed-room, on a sideboard—the other parts were in the front room—there was a fore leg, and a loin—I cannot say whether there was any more—Mr. Feltham asked him how he came possessed of it, and he said, big Jem brought it to him in a sack—that man's name is Goatley—I know Goatley—he is a horse-keeper in Mr. Bolton's employ.

Cross-examined by MR. DOANE. Q. Is not Mr. Bolton's name John Thomas? A. His name is John Thomas Bolton—I believe it is Thomas

John Bolton—I have never heard him call himself so—I have seen on the omnibuses "John Thomas Bolton."

COURT. Q. Do you know whether it is Thomas John, or John Thomas? A. I believe it is Thomas John.

Cross-examined by MR. BALLANTINE. Q. Do you know any thing about it? A. It is Thomas John Bolton—I know that by his name being written—I will not swear it is written that way on the omnibuses—I have seen his omnibuses scores of times—the name is written Thomas John Bolton I believe—the pigs were alive when I saw them last—the omnibus had the wheels off—the pigs were allowed to walk about the premises, and get their living, and big Jem was about the premises—they might have walked to him—I have seen them in his stables.

GEORGE FELTHAM . I am a police-inspector. I went with William Conzens to Clipsome's house—I went up into the room by myself—Clipsome's wife and two children were there—I saw some pork fn the cupboard—here is a fore and hind leg, a piece of a flap, and a fore-loin—I found some pork that did not appear to belong to the same pig—that is not here—I desired the woman to call her husband, which she did—I said to him, "I have every reason to believe this is part of Mr. Bolton's pig"—I asked him how he became possessed of it—he said it was some he had bought of his master, and some that big Jem had brought up—I said it had never been killed by a butcher, I had every reason to believe it was Mr. Bolton's, and I should take him into custody—I do not remember that Clipsome's wife said any thing in his presence, except that part of it was the lodger's—I then handed the prisoner to the police-constable, and directed him to take him to the station-house—his wife said paft of it was purchased of Mr. Bolton, which I have no doubt of—I then went into the back room, and found the chitlings, the internal part of the pig, which had been killed, were in water, in a dish—I then went to Louke's house, and the foreman and I went up stairs—his wife was there—I asked if she had any pork in the house—I found there two pieces—one is part of a loin, and the other the fore-leg—Couzens brought Louke to the room—I said to him, "I have no doubt the pork I see here is part of Mr. Bolton's pig, and I shall take you into custody"—he said he knew nothing about it—he made some hesitation about going, but I said he must, and he did go—I did not go to Cooper's—the hind-leg of this pig some time before had been broken, and this leg that I found at Clipsome's is broken, and one of the toes which the constable found at Cooper's, was trod off by a horse—the pork found at Louke's exactly corresponded with the other parts found at the other two prisoners'.

Cross-examined by MR. BALLANTINE. Q. You had no difficulty in taking Clipsome into custody? A. No—his wife saw me at first, and she went and told him—I requested her to go and tell him.

WILLIAM GLASSCOCK (police-constable T 61.) I took Clipsome to the station-house—in going along he said he knew nothing about the pig, that it was brought up in a sack to his room on Sunday night, but by whom he did not know—he said nothing about big Jem to me—I went to Stingo-lane after Cooper—he does not live there, but he was working for Mr. Purdy, an omnibus proprietor—the stable is there—he went by the name of Jem Crow—I accosted him by that name—the door was shut, and we called "Jem Crow, come, open the door," and he did—I went in, and said we wanted him—he said, "What for?"—we said, "For killing a pig"—he

said he thought we were in a joke—we said it was no joke—Mr. Purdy said, "What pig is it?"—Cooper said, "The pig I killed on Sunday night"—he went with me, and in going he said he had gone on the Sunday to fetch a fork which he had left at Mr. Bolton's—he then said that in the stable there were three men who asked him to kill a pig—he said there were two Jems and a George—in the station-house he said he had killed a pig for three of Mr. Bolton's men, and he was to have a leg for killing it—he said he had got it, and told me where it was—I went to where he told me, No. 56, Earl-street, and got the leg, the four feet, and tail—the wife gave them to me—they seemed to match each other, by the size of them—here is one of the toes off one of the feet.

Cross-examined by MR. BALLANTINE. Q. Do you know the prosecutor? A. Yes, by sight; I do not know his name.

WILLIAM COUZENS re-examined. It was the near hind leg of the pig that was lost that was broken, and it had lost a toe when he was about five weeks old—he got it trod off by a horse, and then broke his leg.

COURT. Q. Was it the same sized pig as that appears to be? A. Is—it was about four and a half or five stones.

(MR. DOANE, on behalf of John Cooper, stated that he was perfectly incent of stealing the pig, but that he had been a butcher, and when he went to the prosecutor's stables he had been asked to kill the pig.)

(The prisoner Cooper received a good character.)

JAMES CLIPSOME— GUILTY . Aged 29.

GEORGE LOUKE— GUILTY . Aged 32.

Confined Six Months

JOHN COOPER— GUILTY . Aged 27.—Recommended to mercy by the Jury.— Confined Three Months.

Reference Number: t18380129-561

561. JAMES WOODHOUSE was indicted for stealing, on the 4th of January, 1 handkerchief value 4s., the goods of William Curtis; to which he pleaded

GUILTY .

Reference Number: t18380129-562

562. JAMES WOODHOUSE was again indicted for stealing, on the 19th of December, 1 bolster, value 5s.; 1 counterpane, value 14s.; 1 sheet, value 4s.; and 2 blankets, value 5s.; the goods of James Stevens, to which he pleaded

GUILTY . Aged.— Transported for Seven Years.

Reference Number: t18380129-563

563. JAMES WOODHOUSE was again indicted for stealing on the 6th of January, 1 sheet, value 4s.; and 1 bag, value 7s. 6d.; the goods of Joseph Thompson; to which he pleaded

GUILTY . Aged.— Transported for Seven Years more.

Reference Number: t18380129-564

564. THOMAS TAYLOR was indicted for embezzling, on the 14th of August, 1s. 5d.; on the 21st of August, 1s. 5 1/2 d.; and on the 28th of August 1s. 5 1/2 d.; which he had received by virtue of his employment as servant to, and on account of William Wright; to which he pleaded

GUILTY . Aged 17.— Confined Three Months.

Reference Number: t18380129-565

565. WILLIAM NAUNTON was indicted for stealing, on the 3rd of January, 2 sovereigns and 8 half-crowns, the monies of Peter Robertson .

PETER ROBERTSON . I keep a beer-shop in Crosier-square, Chelsea. I employed the prisoner to dig and plant some potatoes for me—on the 3rd of January I gave my wife two sovereigns—the prisoner was present, close to me—my wife went down stairs—the prisoner went directly outside, where he might have seen through the window to where my wife was—I saw him stand where he could look in—this was on Wednesday—he was to come and finish his job the next morning, but I never saw him again till he was apprehended—I knew that he was in destitute circumstances, as he had half a crown on the Monday, and on Tuesday he had a shilling.

Prisoner. I was not near you when you gave your wife the money.

Witness. Yes, you was.

COURT. Q. Could anybody get in at the window? A. Yes—the door was locked, but a person could get in at the window from the garden; and there were marks of feet on the wall.

SARAH MATILDA ROBERTSON . I am the wife of the prosecutor. My husband gave me two sovereigns in the presence of the prisoner—I put it into a small box, and placed it in a large one in my bed-room—I missed it the following afternoon—I did not see the prisoner look in at the window—he was working in the garden—he never came to finish the job—I had advanced him money the day he came.

Prisoner. Q. Did I receive any money from you? A. Yes, 1s.

WILLIAM TOWERS . I met the prisoner about ten minutes after two o'clock on Wednesday or Thursday—he did not speak to me at all, but he pulled out his money, and said he had finished the job, and got the ochre—there might be three or four half-crowns in his hand—I am sure there were half-crowns—I do not know how many.

HENRY KIMBER (police-sergeant V 20.) I apprehended the prisoner on Monday, the 15th, between seven and eight o'clock in the morning—I found no money on him.

Prisoner. I was not there on the day that the robbery was committed, nor after Tuesday at twelve o'clock—I was in liquor when I went from his house, and went home—I had been drinking at his house both Monday and Tuesday till twelve o'clock—the reason I did not finish the job was, the weather set in so bad. NOT GUILTY .

Reference Number: t18380129-566

566. JANE SMITH was indicted for stealing, on the 17th of January, 31bs. weight of beef, value 10d., the goods of Charles Baker.

JAMES BANTON . I live in the service of Charles Baker, a butcher, at No. 131, Tottenham-court-road. About half-past two o'clock on the 17th of January, the prisoner came to ask for two or three pennyworth of bones—I said, "No"—she went out—a boy called out, "Did you see that woman take a piece of beef?"—I said, "No"—my master sent me after her—I ran, and overtook her—she was running—I found the beef under her shawl—she begged my pardon, and said it was the first thing she had ever committed—I said she must go back—there was about three pounds—I did not know her before—I knew it was master's beef.

Prisoner. I was in very great distress when I did it—it was my first offence.

GUILTY . Aged 35.—Recommended to mercy by the Jury.— Confined One Month.

Reference Number: t18380129-567

567. HANNAH O'NEIL was indicted for stealing, on the 29th of January, 3 pewter pots, value 2s.; 1 funnel, value 1s.; and 1 save-all, value 1s.; the goods of Ann Blandy.

MARK RAYNER . I conduct the King of Prussia public-house, Blue Anchor-yard, for a widow—her name is Ann Blandy. On the 29th of January the prisoner came—I served her with half a pint of beer, between one and two o'clock—she staid there a quarter of an hour or twenty minutes—when she went out I went into the tap-room, and missed the pot—I sent the boy to pursue her—I then missed the funnel and the save-all, and went after her—we missed her—I left the boy to watch, and he found her in one of the houses—I went to her again, and held her, and sent for a policeman—there was found on her the pint pot, also a quart pot, which had been in the yard, where she asked me to let her go, and this funnel and save-all.

WILLIAM BARRETT . I followed the prisoner a short distance, and saw her put down the pots out of her apron—they belong to Mrs. Blandy.

Prisoner. I never had them in my possession at all—they only stood in the passage.

GUILTY .* Aged 48.— Transported for Seven Years.

OLD COURT.—Friday, February 2nd, 1838.

Third Jury, before Mr. Sergeant Arabin.

Reference Number: t18380129-568

568. THOMAS MATTHEWS was indicted for a misdemeanor.

WILLIAM THOMAS LAMBERT . I am a medicine vender, and live at No. 20, Jermyn-street. On the 15th of January the prisoner came to my house, about half-past seven o'clock in the evening—he presented a parcel, and with it presented a printed ticket, purporting to come from the Belle Sauvage, Ludgate-hill—this is the ticket—(the direction of the parcel being read was, ("To be delivered immediately to Mr. William Lambert, chemist, &c., 20, Jermyn-street, St. James's, London, by Monarch Coach Ticket, Mr. W. Lambert, carriage 1s., porterage 6d.—1s. 6d. W. Walker, porter, 15th of January, 1838.")—he presented the ticket, and said there was 1s. 6d. To pay—I looked at the parcel, and saw it was directed to me—I opened it, and read a letter which it contained, purporting to be an order for goods—this is it—(read)—"No. 102, Great Ormond-street, Bath. Sir,—Having been often asked by several customers for the celebrated Dr. Scott's pills, manufactured by you, I enclose an order for three dozens small boxes and two dozen large ones. I will thank you to send the account to Mr. Hart, solicitor, of Furnival's Inn, who will pay the same, &c., &c. Signed John Marks, chemist, &c."—The prisoner said the parcel should have been delivered some hours previous, but in consequence of the bad state of the roads, the coach could not arrive at the Belle Sauvage in proper time—I gave him 1s. 6d., and he left the shop—I did not know John Marks, nor ever heard of such a person—I went to Furnival's Inn, and there was no such person as Hart there.

Prisoner. I did not make any observation, but delivered him the ticket and parcel as I had received it—I did not demand 1s. 6d. Witness. He demanded 1s. 6d.

Prisoner. I did not say it would have been there sooner—he said it was

late in the evening, and I said I supposed it was through the bad state of the roads. Witness. He mentioned it himself.

HENRY PARSONS EDGHILL . I am clerk and book-keeper at the Belle Sauvage, and live in Bouverie-street. This parcel has never passed through our office—this printed bill is not ours—ours is a blue ticket—this is not a genuine ticket—I never saw the prisoner till he was at Bow-street—he was never employed at our office since 1819, while I have been there—Monarch Bath coach comes to our inn, but this parcel, if it had come by it, would have been left at Hatchard's Hotel, in Piccadilly.

WILLIAM HAYDON . I apprehended the prisoner on the 22nd of January.

Prisoner's Defence. I am a plumber by trade—in the beginning of last year I worked for Mr. Killett, of Reigate, who was in the habit of sending parcels by the Brighton coach from there, of which Long Bill was the guard—I left there, and worked for Mr. Shepherd, of Long-acre—I was out of work at the time in question, and was coming down Ludgate-hill—I saw Long Bill standing there—I went and had a pint of ale with him—he said, "I can put a 1s. or so in your way, if you do not mind doing it"—I said I should be very glad—he said, "Meet me to-morrow morning, I am now guard to the Bath coach, having left the Brighton; I can give you a parcel to take out now and then, but you must not be seen in the yard, or the porter will know it, and you can take the porterage"—I met him the following morning, and gave him this money, and he gave me the sixpence for the porterage—I delivered this and three or four more parcels, not knowing there was any thing wrong.

GUILTY . Aged 24.— Transported for Seven Years.

Before Mr. Justice Vaughan.

Reference Number: t18380129-569

569. WILLIAM EATON was indicted for b—g—y.

NOT GUILTY .

Before Mr. Baron Bolland.

Reference Number: t18380129-570

570. RICHARD WIILLAMS was indicted for feloniously killing and slaying Catherine Williams.—2nd COUNT, describing the deceased as Catherine Weston.

FRANCES WILSON CLARK . I am married, and live at No. 6, Waterloo-street. I know the prisoner, and knew his wife—she was mostly called Mrs. Williams, but I have heard her say she was not married—her own name was Catherine Weston—they lived in the same house as me—they had a room there—I had known them about four months—they lodged overhead, on the first floor—I lodged on the ground floor—this happened on Saturday night, the 30th of December—I saw the deceased that night, first about half-past nine o'clock—she came into my room—she appeared to be sober then—she went out in about two minutes—I did not see where she went to—she came back, and I went out with her after tea o'clock—we went to the Freemason's Arms—she called for James Turvey, and we had a quartern of gin between us three—I left her there, outside the door, talking to James Turvey, and went home—she came in two or three minutes after me—we went into the yard together, and when I came out of the yard I met the prisoner just at the foot of the stairs—he was going

up stairs—the deceased came in, out of the yard, in a minute or so, and went up stairs, and the door of their apartment was locked—the deceased tried it, and could not get in—I asked the prisoner at the foot of the stairs to open the door, saying she had only been into the yard with me—he then opened it and let her in—he was in the room at the time—in a short time after I observed them both go out together, and they came home again together—when they came down stairs they both went out into the street together—the prisoner had been drinking—I observed that when they were going out together—the deceased did not seem as if she had been drinking when she returned the second time—I did not hear her say anything to the prisoner when they came in together, but the prisoner went out again, and the deceased stopped down with me, standing at the street door—when the prisoner came back again she said to him, "Come in, Dick; come in, my dear;" and they went up stairs together—I do not know whether they went into their own room—I saw the deceased afterwards go out for some supper—that was about half-past eleven o'clock—I went out myself, and on my return I found her in my room, crying—she again went up stairs, and came down again—no liquor was sent for into our room—we had a pint of beer—me, my husband, and the deceased, drank it, and after that the deceased went up stairs again—I did not go with her then—she had only been in our room a few minutes—when she went up I heard her try to get into her room—she asked the prisoner to open the door—she pushed against the door, and asked him to let her in—she was very violent—she pushed the door violently, and called him a cock-eyed b—she then came down stairs again.

Q. Did you observe, after drinking with you, whether she was the worse for liquor? A. She did not appear the worse—she kept crying very much—she only remained a few minutes down stairs with us each time, and kept going up stairs—she asked me to ask him to let her in, and I did—I went up stairs, but the door was shut—he used a bad word to me, and did not open the door—I came down stairs again, and left the deceased standing at the door—she was up there at the time I went up—she came down again into my room, and staid there two or three minutes.

Q. What time was it when she left you? A. The last time she left my room was a little after one o'clock, and in a minute or so I heard her up stairs, trying the door—I had not seen her go up, but heard her up stairs, trying to force the door open, by pushing it very violently indeed—she continued doing so, and directly after I heard a noise as if the prisoner had jumped out of bed, and went across his room in a hurry—I heard a noise, and then heard a faint scream, and a fall down stairs immediately—I immediately struck a light, and went out—I found the deceased lying down, with her head on the threshold of the passage—her head was at the bottom of the stairs, and her feet on the third stair—there are twelve stairs in that flight—they are rather high stairs, and rather steep—I found her mouth moving, rather working about—she was not sensible—there was a graze and some blood on her forehead—that might have happened in her falling down stairs.

Q. What distance from the top of the stairs is the door of the room the prisoner occupied? A. The landing is a very small one—I do not know the distance, but it is a very small distance—I do not think it is more than a yard—the door opens inside the room—Mrs. Dunmore and I assisted the deceased, and attended her, but she never moved nor breathed—I saw

the prisoner after I called in the policeman, but nothing passed between us—the deceased had been drinking a quartern of gin with me and Turvey, and a pint of beer with me and my husband, and she told me she had one glass of gin before, at a baker's shop.

Cross-examined by MR. PHILLIPS. Q. Was not the deceased in the habit of going out at night, and drinking? A. Yes, she was—I cannot tell how much she might have drank that afternoon and evening—I do not remember the prisoner coming down stairs with a candle, when the policeman was called—I was not there all the time Mrs. Dunmore was—I went cut to call the police—the deceased was very violent when she was thumping at the door, and seemed very angry—it was directly after the thumping that I heard her fall down stairs—she had some boiled beef in a basin, for supper, in our room.

MARY JOHNS . I am single, and live in the room opposite to where the deceased lived. I went out with the deceased that night about seven o'clock—three of us went out together—we came home at half-past nine o'clock—we drank a glass of spirits each while we were out, besides beer—I think we had about three pots of porter between four of us—another person had joined us—when we came home I went into the room, and the deceased and the prisoner seemed perfectly comfortable—I went to bed at a little after ten o'clock—Turvey was in bed with me—he had been with the deceased and me—the prisoner, the deceased, and me, had been down to the Ship tavern to him, and we returned with him—Turvey did not partake of the liquor with us—we had a glass of rum each at the Britannia Tavern—the prisoner was with us—he went out with us at seven o'clock—he was one of the three that drank with us—when we returned, he and the deceased remained in my room a short time together, and they seemed quite comfortable between themselves—it was then near ten o'clock—I saw the deceased again, about ten o'clock, in Salmon's-lane, standing talking to young Turvey, James Turvey's son—I passed her at the door, just spoke to her, and went on—I did not see her again till after one o'clock, when she broke my bed-room door open, after I was in bed—she said she would be b—if she would not break the b—door open, and she did break it open, and sat down in a chair.

Q. Could you then see in what state she was? A. She certainly was in liquor—I did not rise out of my bed to see, and did not speak any more to her—she sat down a few minutes, and then she said she would break the prisoner's b—door open—she arose and left my room, and broke his door open, which is facing ours, and a very short space from it—I should not think it is more than three quarters of a yard—when she broke the door open I heard the prisoner or somebody get out of bed, and cross the room—I then heard a scuffle in the passage against the door, and heard a scream and a fall—I heard the door shut before I heard the fall.

Q. Can you tell how long it was between the door shutting and the fall? A. Almost instantly—I heard the policeman come, but did not get up, and did not see the prisoner—in the scuffle at the top of the passage it sounded as if one wanted to go in and the other out, and the fall was almost instantly, as it appeared to me—I have never given a different account of that, to my knowledge.

COURT. Q. You are put down in your deposition as having said—"It was about two minutes between the time of my hearing the door

shut, and my hearing her fall." Witness. Then that is a mistake—I said before the Coroner that it was instantly, as I have to-day.

Q. At any time before the Coroner, or before the Magistrate, have you ever said it was about two minutes between your hearing the door shut and her fall? A. To my recollection I said before the Magistrate that it was minute or two—it was a minute or so—I heard the scream before she fell, or just as she was falling, before the door was shut.

Cross-examined. Q. It was before the door was shut you heard the scream? A. Yes, I think so; and about a minute or two after the door shut I heard the fall—Sparrow keeps the Freemasons' Arms—the deceased was in the Ship with me, and the Britannia, and in the Victoria—four of us drank there, the deceased, the prisoner, myself, and Turvey—we drank one pint of porter there, but no spirits—that was about half-past seven—the Victoria was the next house we went to—we had there a quartern of gin and two pots of beer—the same four persons were there—she and I then went to the baker's shop together, and had a glass of gin each there as a New-year's gift—the next place we went to was the Britannia—the same four perons went there, and had a glass of rum each—we drank two pots of beer there, and one at the Ship—we had nothing but the rum at the Britannia.

Q. Do you know whether the deceased had been to any public-hours before that, on that day? A. No, she had not, for I had been with her all day—she was in the habit of going to public-houses at night and drinking; and was a little violent in her temper when drunk—my room door was locked, and she broke it quite open—it was after that she said she would break the prisoner's b—door open—she thumped very violently indeed at his door—I heard a scuffle in the passage.

Q. Did you ever say the prisoner did not go out of his room? A. Yes, I did.

COURT. Q. Then the prisoner did not go out of his room? A. No—the door of his room is about three feet from the top of the stairs—she had no light with her when she left my room to go and break his door open—there was no light in the passage.

Q. Well, the door being only three feet from the head of the stairs, and she being in a very violent state, is it not very likely that she might have fallen down stairs by accident? A. Yes, I do think so; the stairs are very steep indeed.

MR. PHILLIPS. Q. Are you aware that the Coroner's Jury found this was accidental death? A. Yes.

HANNAH DUNMORE . I am a widow, and live in the same house as the last witness. I heard the prisoner's door burst open on this night, while I was in bed—I believe it was the deceased burst it open—I then heard a scuffle on the landing—before that, I heard her say she would go into that room—I did not hear any thing in that room—after the scuffle on the landing, I heard her scream murder three times—I then heard a faint scream, and directly she fell down stairs—I did not go out till I was called, as they were in the habit of quarreling very frequently—it was about half-past one o'clock when I went out—I found the deceased lying in the passage close against my door—I observed a mark like a graze on her forehead—that might be occasioned by falling down stairs—the prisoner came down stairs while the police were being fetched—I said to him, "Williams, you have killed your wife"—he said it served her right; he was not going to

keep the door open for her all hours of the night; she ought to have come in—I am sure the expression, I used to him was, "Williams, you have killed your wife"—I said so before Mr. Coombs, the Magistrate.

Q. Did you not say before Mr. Coombs, "Here is a pretty job, your wife is dead?" A. That might be so—I might say that certainly, it is the same meaning—I said, "Here is a pretty job, you have killed your wife."

Q. Which was it you said? A. "It is a pretty job, your wife is dead"—now recollect those were the words, and it was in answer to that he said is served her right—he seemed perfectly sober at that time when I spoke to him—quite sober, as it appeared to me—I had not seen him before that evening—I did not bear the door shut at all—I did not notice it—whether it shut before I heard the fall, or after, I do not know.

Cross-examined. Q. Have you been talking to any body about the evidence you were to give here to-day? A. No—I am sure of that—I had not seen the prisoner before on that evening, but he appeared quite sober then.

Q. Did you ever say this, "He had been in liquor, but it seemed to have sobered him?" A. Yes, I did—I had not been drinking with the deceased I that night—I had had nothing.

COURT. Q. What distance is it from the door, of the prisoner's room to the top of the stairs? A. About a yard.

GEORGE CLARK . I am the husband of the first witness. I came home on this Saturday night about half-past eleven o'clock—while I was eating my supper Mrs. Williams came into my room—I was having some beer with my supper, and she partook of it—we had a quart between me and my wife, when we first began supper—it was partly drank when the deceased came in—she drank once out of that quart—she went away, and I vent to bed—I cannot say whether the prisoner was in bed then—I never saw him—I went to sleep, and was awoke by the deceased making use of very improper language—she called him a d—b—I knew her voice, and am sure it was her—I do not know where about she was at the time—it appeared that she was abusing the prisoner—that was all I heard—I fell asleep again, and did not wake till my wife struck a light—I went out some time afterwards, and saw the deceased lying stretched on her back in the passage—I believe my wife had moved the body at that time—she was quite dead.

Q. At what hour was it you last saw the deceased? A. I am sure I cannot say—it was at my supper-time, about half-past eleven o'clock, or it might be towards twelve o'clock—it was nearer to twelve o'clock—she was about a quarter of an hour under my observation at that time—she spoke very sensibly to me then, and did not appear to be intoxicated.

Cross-examined. Q. How often did you have beer at your sapper? A. I had part of a pot at supper, and a pint after—I only sent once for beer while she was there—I cannot tell whether she was a well-conducted woman when sober, as she was an entire stranger to me—I never spoke a dozen words to her in my life.

THOMAS MARSHALL . I am a policeman. On Sunday morning, the 2nd of December, I was called in, and found the deceased at the foot of the stairs, dead—there were several persons, both male and female there—Mrs. Clark was there, the last witness and Mrs. Dunmore—they pointed the prisoner out to me—he was standing on the first or second stair—he immediately

surrendered himself to me—I told him what I took him for—he said he might have pushed the deceased, but he did not push her down stairs, nor cause her death.

Cross-examined. Q. Did not he add that she was in liquor? A. He did.

WILLIAM GRIFFIN . I am a policeman. I was called in between on and two o'clock, on Sunday morning—I know nothing of what took place on Saturday night—when I got there, I found Marshall had the prisoner in custody—I saw the deceased lying in the passage—I asked the prisoner how the woman came down stairs—he said she had come home two or three hours after he was in bed, and burst open the door, that he got out of bed, pushed her out of the room, and shut the door, but he was not aware at the time that she had fallen down stairs, he thought she was sitting on the landing still—the door is two feet three inches from the tap stair—the door opens inside, and from the nearest door-post to the top of the stairs, it is two feet three inches—the lock of the door is towards the staircase—the landing itself is two feet six inches wide, and the length from the top stair to the wall is four feet nine inches—at the end of the landing against the wall there stood a pail with a tub on the top of it, which measured seventeen inches oval—it is two feet six inches from Williams's door to Turvey's—there are twelve stairs, nine of them are very steep—there is a turn at the bottom of them.

RUTH MARY SMITH . I am the wife of William Smith, who is a rigger I live at the back part of the house, up the other staircase—the head of my bed stands against the wall dividing my room from Williams's, and the had of his bed comes against the wall—we can hear every thing that passes very plain.

Q. What was your attention first called to on this night? A. I heard the deceased go up stairs, soon after eleven o'clock, and heard her ask the prisoner to let her in—he said he would not, and where she had been she might go again, for she should not come in that night—I heard her go down stairs, but whether she went out or not I cannot say—I heard nothing more till after one o'clock, when I heard her go up stairs, and ask him to let her come in—he said he would not—I heard her knock violently at the door, and heard the door open.

Q. Could you tell whether she burst it open, or whether the prisoner opened it? A. No, I could not—I heard a faint scream and a fall—the scream and the fall were nearly together, as she fell I fancy, for it was momentary—I got out of bed, and stood on my own stairs, and saw the deceased lying in the passage.

MELLONY DICKENSON . I am the wife of a carpenter. At half-past eleven o'clock on this night I was awoke by a violent knocking at the door, and heard the deceased ask the prisoner to let her in—she cried bitterly, and said she did not deserve it—I heard her go down stain, but where to, I cannot say—I heard her come up stairs again immediately—she knocked at the door again, and made use of an improper expression—I heard the door opened, but by whom I cannot say, and I heard the cry of murder—I was in bed at the time, and I heard a sudden fall down stairs.

Q. Are you correct as to the time? you say it was half-past eleven o'clock? A. I had been in bed some time, and cannot say exactly.

Cross-examined. Q. How far is your bed-room door from the door of

the deceased? A. I cannot say—I live up another staircase—the deceased knocked so violently at the prisoner's door that it shook my door.

JAMES TURVEY . I am a labourer, and live in this house. I heard the deceased shaking at the door about eleven or twelve o'clock—I cannot tell the time exactly—I was sober—I heard her go down stairs again—she was gone some time, and I went to sleep—the next I heard was, she came and burst my door open—the fastening was not very good—she said she should stop there that night, as she was locked out of her own room—she sat on the chair several minutes, then got up, used a bad expression, and went towards her own door—I heard her say, "You cock-eyed b—, I will come in"—she knocked at the door, and ran to the door, and I heard it open almost directly—I believe it was burst open—I heard the prisoner get either off the bed or off a chair.

Q. Then you heard the door open before you heard the prisoner move? A. Yes—I heard a scuffle for a very short time, and heard her scream out, and heard her fall directly.

Cross-examined. Q. About what time did she burst your door open? A. About a quarter of an hour before she broke open her own—I had been drinking with her that night—we were in three public-houses—I was not alone with her in Parson's public-house.

Q. Was not your door locked? A. Yes—I was in the same room with Mrs. Johns—the deceased was so violent as to break open the lock of my door, but it was not a very good one.

WILLIAM SPINKS CUMMING. I am a surgeon. I was called in to examine the body of the deceased—I examined it externally, and found only a little graze on the left temple—I perceived also that the left side of the head was bruised—I perceived no other external appearances—I afterwards opened the body, and discovered the neck was dislocated between the first and second vertebrae.

Q. From your examination of the body, both before you opened it and afterwards, were the appearances such as would naturally take place from a person falling down stairs? A. Certainly—she appeared to have fallen rather sideways—there was nothing on the body to show that any violence had been used which might not have resulted from falling down stairs.

NOT GUILTY .

Before Mr. Justice Patteson.

Reference Number: t18380129-571

571. FRANCES JOHNSON was indicted for stealing, on the 17th of January, 60 yards of silk, value 9l., the goods of George Drake Sewell and another, in their dwelling-house.

MR. JOY conducted the Prosecution.

JOHN SPINKS . I am assistant to George Drake Sewell and Thomas Cross, of Frith-street, Soho. I recollect the prisoner coming to their shop, on Wednesday, the 17th of January, between four and five o'clock—she asked for a small piece of sarcenet, which she had; and then asked the young man for a short length of furniture of a particular pattern, for which she paid 1s. 10 1/2 d.— when she was gone I missed between fifty and sixty yards of black silk, worth 9l., which was on the counter when she came into the shop—in consequence of information, I went next day to several pawnbrokers, and saw the prisoner at Mr. Bartram's shop, with some of the silk lying on the counter—it was part of the piece which I had lost—I gave her in charge, and said I was sorry to see her in such a situation—she said if I would allow her to go she would pay me for the silk.

Q. Did she say where she got the silk? A. She said she bought it of some woman living in St. Martin's-street—we went there, but she had not done any such thing.

Cross-examined by MR. CLARKSON. Q. Do you know any thing of the partnership between Messrs. Sewell and Cross? A. Yes—there are as other partners—I am quite sure of that—no other person receives any portion of the profits of the business—the young men sleep in the house—the house is let to Messrs. Sewell and Cross on lease—it is let to both of them—the rent is paid by them jointly—neither of them reside on the premises.

WILLIAM HUNT . I am shopman to Mr. Bartram, a pawnbroker is Princes-street, Soho. The prisoner came to our shop on the 18th of January, between three and four o'clock in the afternoon, and offered a piece of silk in pledge—she did not pledge it—this is the piece of silk —(produing it.)

JOHN SPINKS re-examined. Q. Is that the silk which was on you master's counter on the 17th of January last? A. It is part of it.

MR. CLARKSON. Q. What do you know it by? A. Our private mark—here it is—(pointing it out)—that was put on it when I bought it, before it was stolen.

RICHARD DUNNELL . I am shopman to Mr. Fleming, a pawnbroker is St. Martin's-lane. I recollect the prisoner coming to our shop on the 18th of January—she pledged this silk for one guinea.

Cross-examined. Q. How much is there? A. Fifteen yards—I have the duplicate.

JOSEPH WILLIAM CLARK . I am shopman to Mr. Boyle, a pawnbroker in the Strand. I believe the prisoner pledged this piece of silk at our shop on the 18th of January—I gave her 1l. 15s. for it—there is twenty yards.

JOHN SPINKS re-examined. To the best of my belief these are portions of the sixty yards of silk which we lost.

MARK TEASDALE . I am a policeman. I took the prisoner into custody at Mr. Bartram's, and took the twenty-eight yards of silk from the counts at the some time.

(MR. CLARKSON, on the prisoner's behalf, stated, that she was in the greatest possible distress at the time, having three young children, and a husband out of employ.)

(Wilhelmina Noade, of No. 6, Windsor-court, Monmouth-street; and David Johnson, the prisoner's father-in-law, deposed to her good character; and stated that she was in a state of great poverty and distress.)

GUILTY . Aged 28.—Strongly recommended to mercy.— Confined Three Months.

Before Mr. Justice Vaughan.

Reference Number: t18380129-572

572. JAMES WHITE was indicted for stealing, on the 20th of May. 4 lambs, price 3l., the property of George Mercer Murray.

MR. BODKIN conducted the Prosecution.

JOHN SMITH . I was taken into custody a short time ago for trespassing being on some ground—I was taken before a Justice, and afterwards made

a statement of what I had been engaged in—I was committed to give evidence, and have just come from Newgate—I was committed on this charge—in April last I was in company with a man named Fitzwater—he is at Woolwich now, I believe—Dick Matthews and the prisoner were with me also—Fitzwater was not transported for this offence, it was for fowl stealing—we all lived at Hounslow.

Q. On the evening in question, did you all four come from Hounslow to near Mr. Murray's house? A. Yes—we got there about twelve or one o'clock at night, and went into a meadow near his house—there was a flock of sheep there—we drove them up into a corner, and took four lambs—they were not killed in the field—they were taken about three or four fields off, and skinned—we left the skins on the spot.

Q. How did you carry the lambs there? A. Each carried one on his back—we went over the fields to the place where we killed them—we put the carcases into some saltpetre bags which are used at the powder-mills—there were four bags—we each carried one—I know Colonel Wood's Cover—we skinned them there—we took two home that night—I had my share and the others had theirs—as we went home that night we passed Mr. Dickens' lodge-gate, and saw Thomas Greenwood there—he spoke to us, and said, "It is a fine night, my lads," or something—I do not know which he spoke to, but the prisoner answered him, and said, "Yes, it is"—I did not know who the man was at that time, but after we had passed him the prisoner said, "That is Tom Greenwood"—that was all that passed between us, and we went on our way.

Q, Do you know whether the prisoner took his share of the lambs to his house? A. Yes—it was all carried there—Fitzwater and he lived together, and Matthews lived next door—the prisoner took his in a saltpetre bag—we parted company about two o'clock, before we got home—I went away home up the road with the prisoner, and the other two went away over Mr. Wood's cover.

COURT. Q. Were you never in custody but once before? A. Never—I have never been tried—I had thirteen weeks for the trespass—that is about four months ago—it was not a night trespass—it was pretty near upon six o'clock in the morning—it was not in the winter—it was four months ago, just after harvest.

Q. What has become of Matthews? A. He has run away—I am twenty-nine years old.

JOHN FREEMAN . I am a labouring man. Last April I worked for Mr. Murray—I remember four lambs being stolen on the 21st of May.

MR. BODKIN to JOHN SMITH. Q. Was it in April you met Green-wood? A. Yes, I think it was—it was the same night as we stole the four lambs from Mr. Murray's.

JOHN FREEMAN (continued.) Master never lost four lambs but on the 21st of May—the skins of them were found near Mr. Wood's cover, about four fields from our field—they were found there on the 21st of May, the same morning that the sheep were missed—I saw the skins.

Q. Were they the skins of your master's lambs? A. I cannot swear to that—I gave them to master—I had seen the lambs the day before—they were living then.

JOHN HOWE . I am gamekeeper to Sir Frederick Pollock. In May

last I was in the employ of Mr. Curtis near Laleham, on the road between that and Hounslow—it is between five and six miles from London—the estate has since been sold to Sir Frederick Pollock—in May last, between eleven and twelve o'clock one night, I saw the prisoner with Fitzwater, the witness Smith, and a fourth man, whose name turns out to be Matthews—I do not exactly know the date of the night—Fitzwater has since been transported.

Q. Did you speak to either of them? A. I spoke to Fitzwater, and he answered me—I said, "Well, Pluck, then you are out again?"—he was known by that name, and was a noted poacher—he bid me good night, and walked on—the prisoner was in company with them—they were going in a direction from Hounslow to Laleham, in the way to Mr. Murray's place—they were about six miles from Laleham—I cannot remember whether it was early or late in the month, for I repeatedly saw them on the road.

Prisoner. Q. Can you swear to me? A. Yes.

THOMAS GREENWOOD . I was watchman to Mr. Irvine. I remember being out about two o'clock on the morning of the 21st of May, by Mr. Dickens's lodge—I live in the lodge—I had just come up to the gate, which is about a quarter of a mile or so from Mr. Murray's place—I saw two men go along the road—one was Fitzwater, and I believe the other to be Smith—I cannot say that I saw the prisoner—I do not believe he was there—I do not know—there was only two.

Q. Are you sure you only saw two? A. Only two—I went in, and went to bed directly after I spoke to them—they appeared to me heavy loaded—I cannot tell what they were carrying, as I was on my master's grounds, but they appeared to be heavily loaded with bags and sacks across their shoulders—I did not stay two minutes, but went in directly—I cannot say whether anybody came by afterwards.

ROBERT TAYLOR . I am inspector of the police at Staines. I searched the prisoner's house after I took him on this charge, on the 1st of January—I took him into custody on the 29th of December—I found three saltpetre bags at his house, and one at Smith's lodging.

COURT. Q. I suppose these bags are very common? A. I have seen several in the country—there is a little stain of lamb's blood on one bag found at the prisoner's house—it is scarcely perceptible—it has every appearance of being blood—I should say it has been on a long time.

Prisoner's Defence. I know nothing at all about it—I am innocent.

COURT to JOHN SMITH. Q. How many other felonies have you been guilty of? A. Nothing else—I have never been tried for any thing—I have not been concerned with these people in offences at different times—I have given evidence before the Magistrate in four cases—I have known the prisoner Fitzwater and Matthews a long time—about a year and a half.

Q. And have been engaged with them in some bad transactions? A. I was, with these sheep, and have been poaching with them, but never in any felony—nothing else but the sheep cases—I have been engaged in other sheep concerns besides this one—there are three indictments—I cannot say on what days of the month they were committed—but it was about April or May, or somewhere there.

Prisoner. Greenwood says it was Smith and Fitzwater passed, and not me.

NOT GUILTY .

Reference Number: t18380129-573

573. JAMES WHITE was again Indicted for stealing, on the 10th of April, 1 ram, price 30s., the property of John Irvine.—2nd COUNT, for (killing with intent to steal the carcase.

(Upon which no evidence was offered.)

NOT GUILTY .

Reference Number: t18380129-574

574. JAMES WHITE was again indicted for stealing, on the 25th of April, 2 sheep, price 4l., the property of John Peto.—2nd COUNT, for killing with intent to steal the carcase.

(Upon which no evidence was offered.)

NOT GUILTY .

Fourth Jury, before Mr. Recorder.

Reference Number: t18380129-575

575. GEORGE GREEN was indicted for stealing, on the 29th of January, 4 printed books, value 8s., the goods of Henry Bickers; to which he pleaded

GUILTY . Aged 23.— Confined Three Months.

Reference Number: t18380129-576

576. DANIEL SINFIELD was indicted for stealing, on the 26th of January, 12lbs. weight of sugar, value 8s. 6d., the goods of James Deane.

MARY DEANE . I am the daughter of John Deane, living at No. 40, Middlesex-place, Hackney-road. On the morning of the 26th of January, I was sitting in the parlour at the back of the shop, and saw the prisoner come in, take a loaf of sugar from the window, and walk out with it—I followed him, and saw it lying by the next house—he threw it down when he was collared—I picked it up, and he was brought back in about five minutes—this is the sugar—(looking at it.)

WILLIAM HUBBARD . I am eleven years old, and live at home with my father. I was standing at a butcher's shop opposite Mr. Deane's, and saw the prisoner's hand up at the shelf—he took the sugar, and ran out with it, and threw it down when Miss Deane came out—I called "Stop thief," and saw him stopped—there was another one with him who walked on—the prisoner had looked in at the door, and then whispered to him before he went in.

RICHARD KNIGHT PARKER . I am a carpenter, and live at Hackney. On the morning of the 26th of January, between eleven and twelve o'clock, I saw the prisoner running, and Hubbard running after him—I met the prisoner, and endeavoured to take him—he ran into the road, and I secured him—he said, "I have not stolen any thing, I am only running to warm myself."

GEORGE HOMER . I am a policeman. I was on duty in Hackney-road when the prisoner was brought in custody—I produce the sugar which I received from Mary Deane.

Prisoner's Defence. I was running down the road to go home to warm myself, being very cold, and a gentleman stopped me—I asked him what he stopped me, for as I had not stolen any thing.

GUILTY .* Aged 18.— Confined Six Months.

Reference Number: t18380129-577

577. JOSEPH BALLARD was indicted for stealing, on the 22nd of January, 1 jacket, value 2s., the goods of George Pearce.

WARREN DRAPER . I live in Westmoreland-street, Kingsland-road.

On the 22nd of January, I was going along Kingsland-road with my horse and cart, and saw the prisoner take a jacket off a brewer's dray which was passing—he ran down a turning opposite the Fox with it under his left arm—I gave information to Pearce.

GEORGE PEARCE . I am a brewer's servant. On the 22nd of January, between ten and twelve o'clock, I was in Kingsland-road with my master's dray—I observed the prisoner running down Fox-lane with my jacket—he dropped it as I followed him—I did not lose sight of him till he was taken—I am certain of him.

THOMAS BENSLER SHAW . I live in Harford-road, and kept a beer-shop at the time in question. I saw the prisoner running down Fox-lane with something under his arm—he dropped it, and I stopped him in Harford-road.

JOHN SULLIVAN . I have the jacket—the prisoner was given into my charge.

(Properly produced and sworn to.)

(The prisoner received a good character.)

GUILTY . Aged 18.—Recommended to mercy by the Prosecutor and Jury.— Confined One Month.

Reference Number: t18380129-578

578. MARY FLEMING was indicted for stealing, on the 23rd of January, 7 yards of dowlas, value 5s., the goods of William Nicholson.

THOMAS CHAPMAN (police-constable F 20.) On Tuesday, the 23rd of January, in the evening, I was on duty in Holborn, and saw the prisoner in company with two females—I turned the corner of Southampton-buildings, and saw the prisoner and the other two run from the prosecutor's shop—I saw something under her apron—I ran after her, she got before me, and nearly knocked a lady down—I pursued again, and she threw the property down about five yards before I got to her—I secured her, and a young man brought the property to me—she said, "It was not me stole it; it was the other two girls"—I took her to the shop, and Mr. Nicholson claimed the property—it is dowlas.

WILLIAM DU BOIS . I am a bookseller, and live in Wellington-square, Gray's Inn-lane. I was in Chancery-lane on the night in question, and the prisoner ran by me—I saw her drop this piece of dowlas, and I gave it to the officer—I am sure she dropped it.

WILLIAM NICHOLSON . I am a carpet warehouseman, and live at No. 318, High Holborn. This dowlas is mine—it measures seven yards—I had seen it safe in the morning, and I know it by the mark—it is worth 5s.—the prisoner was brought into the shop with it, about eight o'clock in the evening.

Prisoner's Defence. I was going along Chancery lane alone—a gentleman came and asked what I had under my shawl—I said I had nothing—he was coming up the street—a man with some linen came, and the policeman asked where he got it—he said he picked it up—the policeman asked if he saw me drop it—he made no answer—he came back to the shop, and then said it was me that dropped it.

THOMAS CHAPMAN re-examined. I did not ask what she had under her shawl—I had seen her drop it—she pretended to be tying up her stocking or something when I caught her—there were three of them—I stopped the other two first, but they had not got it, and I saw the prisoner throw it

away—she said, "You ought to take them two; we were all three in it"—I asked what she had under her shawl, because I thought she had a second piece.

(The prisoner received a good character.)

GUILTY. Aged 15.— Judgment respited.

Reference Number: t18380129-579

579. DAVID PRICE was indicted for stealing, on the 21st of January, 20 pairs of skates, value 5l., the goods of Charles Hamilton: and 1 pair of skates, value 5s., the goods of George Chilton.

CHARLES HAMILTON . I live in Chelsea, and am a gardener. I have the charge of the skates belonging to the Skating Club—on Sunday night, the 21st of January, I put the skates into a box, and locked it—there was a pair belonging to Mr. Chilton, of the Temple, among them—on Monday morning, at nine o'clock, I found the box broken open, and all the skates gone—the box was in a tent.

JOHN EDWARD WILDE . I am a general dealer, and live at No. 4, Stingo-lane, Marylebone. On Tuesday last the prisoner and another came to my shop—the prisoner had a pair of skates—he said, "I want to sell a pair of skates"—I said, "They are dangerous things to have any thing to do with; what do you want for them?"—he said 3s.—I shook my head, and he said, "You may have them for 2s.," which I agreed to—I gave my wife a nod (having had information of skates being stolen) to go for a policeman—the prisoner ran out—I thought to catch the other, but he threw me down, and ran out after the prisoner.

Cross-examined by MR. PRENDERGAST. Q. Was the other person bigger than him? A. Not bigger—the other man ran out when the policeman ran after the prisoner.

JAMES LAURENCE (police-constable D 97.) Mrs. Wilde came to the station-house, and I went to Wilde's house, and found the prisoner there—I asked if the prisoner was the person who had offered them for sale—Wilde said he was—I was going to take hold of him, when he ran out up the lane into Lisson-grove—I followed, calling "Stop thief," and a gentleman caught him—I took him into custody, and found another pair of skates on him—he said he did not know they were stolen.

Cross-examined. Q. Did not he mention the name of the other man? A. Yes, at High-street office—he said it was George Braden, and I took that man up, but the Magistrate let him go—he undertook to appear on the Monday following, but he did not, and I have not been able to find him since—I have looked for him—I did not know the prisoner before.

CHARLES HAMILTON re-examined. I know both these pairs of skates—I have had one pair in my possession five years—they belong to Mr. George Chilton—I take care of them from year to year, after the season is over.

Cross-examined. Q. How do you know his name is George? A. I have the name in my book—that is the name he gave me.

(MR. PRENDERGAST stated the prisoner's defence to be that the man who was not in custody committed the robbery, and gave them to the prisoner to sell, but he was ignorant of their being dishonestly obtained.)

(The prisoner received a good character.)

GUILTY . Aged 18.— Confined Three Months.

Reference Number: t18380129-580

580. JOHN HODKINSON was indicted for stealing, on the 27th of January, 20 iron bars, value 1l. 15s., the goods of John Lemont and another.

EDWARD YOUNG . I am in the employ of Messrs. John Lemont and Co. brewers, Pollard's-row, Bethnal-green. On the 27th of January, I placed a quantity of brass and iron on a piece of vacant ground near our premises, and put a full barrel of ale in front of them, to hide them—they were safe at eight o'clock in the evening, and next morning, at eight o'clock, I mis sed them—a barrel was missing from another part of the place, and six of the rails—they are cast-iron.

GEORGE TEAKLE (police-constable H 8.) I was in Bethnal-green-road on Saturday afternoon, and saw the prisoner, in company with another man, driving a donkey-cart across Hare-street fields, with something very heavy in it—I followed them—the other walked away—I caught the prisoner, and examined the cart—it contained six bars of iron wrapped up in a counterpane and a woman's shawl—he said they belonged to the other man who was gone away—I asked where he lived—he said he did not know, but he had employed him, and he was to take them to Shoreditch, but he could not tell to what house, as the man was to meet him in Shoreditch—I took him to the station-house—I made inquiry, and found that twenty bars had been stolen from the prosecutor the night before, and these six were identified—the donkey and cart were claimed by Ann Wiltshire.

Prisoner. I did not tell you the man promised to meet me in Shoreditch, I said he was going with me to Shoreditch. Witness. He said the man who walked away was to meet him in Shoreditch.

Prisoner. The other man walked off, and he never made any alarm after him, and I stopped. Witness. If I had pursued him, I should have lost the property and the prisoner.

Prisoner. He never attempted to stop him when I called out to him.

Witness. He did not call out to him.

Prisoner. I called to him to come back, and said, "What are you going on so fast for?" Witness. He did not.

ANN WILTSHIRE . I am the wife of William Wiltshire, and live in Abbey-place, Essex-street, Bethnal-green-road. On Saturday last the prisoner came to my house, and asked me if my husband was at home—I said yes; but he was ill and asleep—I asked what he wanted—he said, "I want the cart, if you please"—I said, "The boy has just taken the harness off the donkey, you can go and take it"—he put the harness on the donkey—a man came to him, and they went away in the cart—the donkey belonged to the prisoner himself, and the cart to my husband—he lends my husband the donkey, and my husband occasionally lends the prisoner the cart—we have kept it for him for three or four months, as he had nothing to do for it.

Q. Did he ever let it on hire? A. No, he only has our cart to fetch things from market—he sells things in the street, and has the cart to bring things from market in—we do not let it out—it was a very small spring truck, but my husband had shafts put to it.

(Property produced and sworn to.)

Prisoner's Defence. Last Saturday I came out of my father's house, about half-past nine o'clock in the morning—I went to Spitalfields to buy apples—the market was in a dreadful state, every thing was frozen—I

bought nothing, but came out, and in Church-street met John Greenwood—he asked if I had any thing to do—I said not—he said, "Will you do a job, to move a few things for me, I will give you a shilling?"—I said, "Where is it to go?"—he said, "Into Shoreditch: can you go now?"—I went with him to Mr. Wiltshire's house and got the donkey and cart—Greenwood went with me to Hare-street-fields—he went in at the gate and brought out two iron bars wrapped in a shawl—he said it was only two bits of iron—he brought out the rest and said, "Come on"—when I had got about 200 yards this gentleman stopped me, and asked what I had got—I said, "I believe iron"—he said, "I want you to accompany me to the station-house, and give a description of the person who has left you"—I said, "Very well," and went—the Inspector sent the donkey to the green-yard, and I was to go before the Magistrate—I was remanded, and came up again last Wednesday—the iron was wrapped up in different things.

ANN WILTSHIRE re-examined. The prisoner bore an honest character, for any thing I know—he was frequently about our house—I have known him six months, and have heard the neighbours say they never knew him guilty of any fault.

NOT GUILTY .

Reference Number: t18380129-581

581. GEORGE MIDDLETON was indicted for stealing, on the 27th of January, 6 loaves of bread, value 9s., the goods of Charles Wilson; to which he pleaded

GUILTY . Aged 15.— Confined Seven Days.

NEW COURT.—Friday, February 2nd, 1838.

Sixth Jury, before Mr. Common Sergeant.

Reference Number: t18380129-582

582. JOHN HARDING was indicted for stealing, on the 15th of January, 20lbs. weight of rope, value 5s., the goods of Walter Frederick Wingrove, in a certain barge in a port of entry and discharge.

MR. CLARKSON conducted the Prosecution.

JAMES CHRISTOPHER EVANS . I am one of the Thames-police Surveyors. I know Mr. Lewis, the dock-master, of the Regent's Canal Company—I got information from him that induced me and Fogg to go, on the 15th of January, to the Regent's Canal Basin—about seven o'clock I concealed myself with Fogg in a little box—there is a jetty there, and barges lying under it—in about twenty minutes I saw a man go from the jetty to a barge—in a few minutes the same man came from a barge to the jetty—I heard him hauling something like a rope; and he went across the jetty—he then ran towards the gate—we ran out of the box towards him, and he threw the rope from his shoulder—I ran to the gate, and caught his foot, but he kicked it out of my hand—I ogot ver, and pursued him to White Horse-street, Stepney—I did not lose sight of him—when I got there he ran into a public-house—I was gaining on him—I ran in ran past the taproom door to the bar, and was just asking the landlord where that man was, when he ran out of the tap-room into the street—I ran, and took him—I said, "I have got you at last"—he said, "Well, I won't run away"—

he was so out of breath he could hardly speak—it was the prisoner—I quite sure he is the man.

JAMES FOGO . I am an officer of the Thames police. I accompanied the last witness, and have heard what he has stated—it is true—I secured the rope which the prisoner dropped, and compared it with the remaining headfast that was there—it corresponded exactly—I knew the prisoner before—I knew him when I saw him there.

JAMES JONES . I am lighterman to Mr. Walter Frederick Wingrove. This rope is a headfast—I believe it to be my master's property—I saw it on Saturday, and it was lost on Monday evening—I saw it on Tuesday morning at the Dock-office, and could swear to it.

JOHN GREEN . I am a lighterman in the service of Mr. Walter Frederick Wingrove—his wharf is in the Regent's Canal Basin. I know this rope is his.

JAMES FOGG re-examined. The Regent's Canal Basin is a port of entry and discharge.

GUILTY . Aged 28.— Transported for Ten Years.

Reference Number: t18380129-583

583. HENRY WILSON, alias Fairbairn, was indicted for stealing, or the 20th of December, 5s., the monies of Fanny Wellard; and that he had been before convicted of felony.

MR. DOANE conducted the Prosecution.

ANN JENKINS . I am a widow, and reside in Brunswick-street, New-road. I am acquainted with Fanny Wellard—I also know William Sym, a prisoner in the House of Correction—they were on intimate terms—Mrs. Wellard resided at Manchester—in November last the prisoner called on me several times—he brought a letter to me to be given to Miss Wellard—I forwarded it to her—this is the one I forwarded to her—I gave him 1s.—I am certain he is the person—(letter read.) "Coldbath-fields, Sunday, Nov. 12, 1837.

"My dear Fanny,—You will be a little surprised at receiving a note from me, as it is quite against the rules of the prison; but even here I have found two good friends who have kindly undertaken to allow me the privilege which I eagerly embrace; my turnkey, in his great kindness to write for me, and a friend of his, one of the engineers, to convey this to you, and will also return me an answer. Now, my dear girl, my writing to you must be kept a profound secret, as should it be known I have written, or got to write, I should not only lose my situation and be punished and sent to hard labour, but both the turnkey and engineer would in all probability lose their situations; therefore, for God's sake, be very circumspect, and do not allude to my having written in any letters you may send to me through the gate, as they are all first read by the Governor before I get them, do therefore, for my sake, keep it to yourself as much as possible; and any thing you wish to say to me privately, transmit it to me in writing, through Mr. Greenway, the engineer, who will send one of his men to call upon you once or twice a week. The bearer is a distant relation of his, and one he says he can put every confidence in, though he will not know where this is from, and you need not say. I shall not, according to the rules of the prison, be able to write to you myself until the expiration of six months, and then, they say, nothing but the Governor will see; and if you should get another order to see me, the time is so

short, and we are so overlooked, there is no speaking what I could wish. I was very glad to see you the other day, but it made me very dull afterwards. Do not say any thing about Mr. Willmott's business, except in the letters sent through my friend, and in them you may say any thing, as I shall receive them perfectly safe. This is a privilege I do not suppose there is a prisoner in the house has but myself, which I may thank my two friends for, who have got me placed in the situation I am, which entirely exempts me from work, as I have nothing to do but to look after the men, and to see that they do their work, and attend on the turnkey, keep an account of the men on slates, and to look after the yard when I am stationed. Oh, my dear Fanny, what a happy release it was for me or when relieved from work on the tread-wheel? I think it would have killed me. I may, through proper conduct, keep my place the remainder of my imprisonment; therefore be most careful in any letters you may send in to me through any other way than by my friends, or whatever way, or when you call, if you should be able to get another order before you go into the country. Now, my dear, I will acquaint you with my wants; and I feel confident you will, as far as possible, send me what yon can If you will get me two Guernsey frocks, such as fishermen wear, let them be a large size, long in the arms and body, as we never see a fire all winter, and my place exposes me very much to the frost and cold; also a pair of warm gloves—worsted. I received the pair you sent, but as they are leather, they are so cold; get any you think the warmest, and a comforter for my throat. You can, at the same time, send me the flannels you bought for me the other day; and I should like a change of apparel—a coat, one or two waistcoats, a pair of trowsers, a pair or two of stockings; and if I had my great coat, I could wear it in the mornings, before the Governor goes round, and in the evenings, after he has been. Do not think me too troublesome, as my situation is uncomfortable. I know you feel pleasure in making it as comfortable as you possibly can; and my friend will get these things conveyed to me unknown to the Governor, as any thing of the sort is not allowed. If you can, also send a shirt or two, and a pair of shoes, strong and warm, for the stones are very damp; and I have all the winter to get over. Call at (my dear girl) Mr. Blackburn's, about my father's picture; you will find the paper of it in ray pocket-book. Call before the 8th of next month. I hope you found all to your wish respecting Mr. Willmott's business. I shall be glad if there is enough for you to benefit from. Send me word, when you write, by my friend; but if you should write to me in any other way, do not mention it, as I do not want them to know: or at least, if you do, let it be in a very dark manner. I send this to Mrs. Jenkins's, as I do not know whether you are at your sister's, or where you are. Let me know how you are, and all particulars—how far you have succeeded in Mr. Willmott's business; and remember me to all my sister's family, and accept my love to you. Believe me to be ever yours most affectionately, "WM. SYM."

"P.S. I write this on a slate, and my turnkey is going to copy it for me on to paper, as I durst not be allowed pen and ink; so he will write it as if he was writing from himself. At present, my dear F., I have acquainted you with all my wants, which if you can, relieve me; and I trust you will, and by so doing, alleviate as much as possible my present situation. His friend, the engineer, will send it to Mrs. Jenkins's by one of the men,

as I have mentioned above, who you must satisfy for his trouble; and tell him when to call again; and in respect of the things in your letter, I will write again, and tell you more about my way of living and my duty. My living is very low indeed, but I am happy compared to some; I have very many extras in my present situation.

"Sunday, Nov. 12th, 1837.

(Continued.) "I hope you will keep up your spirits, and continue in good health. Send me word when you expect your things. Put in all particulars, for I shall send in a person to assist in getting the things into the house, and arranging them. Our engineer says I cannot have a better than the bearer, who is used to furniture and wood-work. I shall expect to her from you by Wednesday, and Mr. Greenaway will send his man up for it Mind and pay the man for his trouble, and let me hear from you as soon as possible, as I am very anxious to hear about Mr. Willmott's business and how you are. Give my love to all your sister's family. Do not fail to write soon, and send the things I have mentioned, if possible, Pack them up as small as possible, and tie them in a handkerchief, as I went one very much. All the things I had on, and brought in with me, are taken from me, and I cannot get any of them until I go out; and they take every thing from us, money and every thing, and clothe us with their nasty clothes, as cold as they are coarse. I do not feel like myself in them, and to put some of my own things on will be a great treat; and I can slip the others over them about the time the Governor comes round Do not fail to send me whatever you can, and I must add another want to those already made, which I am afraid you will think too many; that is, if I had a trifle of money, I might get many little comforts bought for me; though it is strictly prohibited, yet my friends will oblige me. If you can spare me a little, do, my dear F., and sew it in one of the pockets of the trowsers or waistcoats; and when I get out, I hope, through God's grace, to make you every amends for the great trouble I have caused you Forgive me, my dear F., and we may yet see many happy days together. God bless you, is the ardent prayer of your most affectionate.

WM. SYM."

"Send as soon as possible. I shall enclose this in a note to Mrs. Jenkins. I think it is the best way. Don't fail to be careful how you speak to me when you come, or should you have occasion to write in any other way that through my friend. God bless you. I shall feel happy (in companion) when I hear from you. You must send me a proper direction, and perhaps it will be nearer for the man to call. He is a relation of Mr. Greenway's, though he is a poor man; treat him well."

"To Mrs. Sym, (care of Mrs. Jenkins,)

No. 4, Brunswick-street, Judd-street, New-road."

FANNY WELLARD . I was residing, in November, at Manchester. I received this letter—I believed it to come from Mr. Sym—it was addressed to Mrs. Sym—I had directed Mr. Sym to address me in that way—I had written several letters to him—(about two a week,) for about two months, till I came to London—that would be about sixteen letters that I wrote to the gaol to him, in which I mentioned all the private affairs mentioned in this letter—I came to town about a fortnight before Christmas—soon after I arrived, the prisoner called on me at Mrs. Jenkins's—he represented himself as coming from Mr. Sym, and I gave him a letter—he brought a letter as from Mr. Sym, which I have here—I wrote a letter, and

sent it by the prisoner, in which I enclosed 5s., and I gave the prisoner a shilling for his trouble—I had been requested almost in every letter to treat the bearer well—after that I made an appointment with him at a public-house, having, in the meantime, gone to the police-office—I went with the policeman, and saw the prisoner—I said, "Have you not received two letters with money in them?"—he said, "I do not know what was inside?"—Isaid, "Have you not received 1s. from me?"—he said, "Yes"—I said, "Have you come from Mr. Sym for a letter?"—he said, "I have, ma'am"—I said, "Policeman, I give this man in charge for getting money under false pretences."

Prisoner. Q. Did you not say you could not swear to me? A. I could not in the street, but I am sure you are the person that I gave the letter to.

Prisoner. Before the Magistrate she said that the was crying at the time, and hardly spoke to me—she did not know whether I was the person or not Witness. I am sure he is the man that had the shilling from me, and the 5s. In the letter—this was on the 20th or 21st of December.

WILLIAM SYM . I was in confinement in the House of Correction since September last—I never sent any letter to Miss Wellard, requesting her to tend me any money—I received no letter from her desiring me to address her as Mrs. Sym—I have never received any letter from her, but one—I did not receive a letter from the prisoner containing 5s.—I never sent this letter, nor any other to Mrs. Sym—the prisoner was in the prison—he was monitor of the ward—I believe it has been his custom to give letters to the prisoners, but of that I am ignorant—(looking at another letter)—this is the prisoner's handwriting.

Prisoner. Q. How long were you in the same yard with me? A. About a fortnight—I had seen you write on paper, so that I can sweat this is your writing—you wrote one of the forms.

GEORGE HOARE . I am principal turnkey at the House of Correction. William Sym and the prisoner were both confined there—the prisoner was monitor of the ward—on some occasions he would receive letters and distribute them to the prisoners—there is no person of the name of Greenway, an engineer, there.

Prisoner. My duty was on the stage. Witness. You were not always there—I cannot tell how you received letters, but you must have received tome.

Prisoner. When Sym came in it was only a fortnight previous to my discharge, and these letters which have been produced must have been written previous to that, as she had been in London, and called upon him—he did not come till the beginning of November, and I was discharged on the 13th.

JOSEPH HOLDWAY . I am a constable of St. Katharine's Dock. I got this certificate of the prisoner's previous conviction from Mr. Clark's office—(read)—I was at the trial—the prisoner is the man.

GUILTY . Aged 34.— Transported for Seven Years.

(There were two other indictments against the prisoner.)

Reference Number: t18380129-584

584. THOMAS RAVENOR and WILLIAM SKEET were indicted for stealing, on the 13th of January, 5 trusses of straw, value 7s. 6d., the goods of George West.

GEORGE WEST . I am a mason and builder, living in Cannon Street road, St. George's-in-the-east. I have lost five trusses of straw—it was taken out of my premises on the 13th of January last—I had not seen it from the time it came into the warehouse—I cannot tell when that was—I have a man who attends to this place—I cannot speak to the identity of this straw.

MICHAEL MURPHY . I am servant to Mr. West. About five o'clock on Saturday, the 13th of January, I left the warehouse, and left 498 trussed of straw there—I locked it with a padlock—I went again on Monday morning at twenty minutes past nine o'clock—the padlock was off the door, and another one put on that I had not seen before—I went up stairs and found the loft in a different situation to what I had left it—I suspected there was some straw gone—I afterwards counted, and missed seven trusses—there was nothing about them to enable me to know them again—they were bound up like this—(looking at one)—they had two bands on them, but the policeman has put another on this one—I cannot speak to the straw.

GEORGE ROE . I am servant to Mrs. Perry, of the Swan public-house, Wapping. On Saturday, the 13th of January, at twenty minutes put nine o'clock, I went into the stable at the back of my premises—I heard a noise in the wharf, and went and looked, and saw four trusses of straw, and Skeet was standing by the side of them—Skeet said to Raven-or, "I shall give you 7d. a truss for the lot"—this was at the back of the premises, on the open wharf—I called out to know if it was Mike the wharfinger—(my place joins Mr. West's)—I called out, "Mike" and got no answer—I went and looked, and saw it was Ravenor—I then went and told Mrs. Berry, and she sent for the policeman—there were four trusses on the stones, and one on the bottom of the stairs—there was a cart backed close to the wharf—that was Skeet's cart.

HANNAH BERRY . I keep the Swan public-house at Wapping Dockstairs. I went out with a light, and saw four trusses of straw on the wharf, and on the bottom of the stairs I saw Skeet in his cart—I did not see the other—Skeet said he came to take some straw that he understood he was to buy, out of a barge—there was no barge alongside the wharf at all—he said he expected one—I said, "Do you want this straw here? if yon do you won't have it, because there is no one here to sell it you"—he said he supposed then the cart might go—I said yes, I dare say it might—I had known him before for years, but I did not suppose he had any business there at that time of night.

Cross-examined by MR. CLARKSON. Q. Are you married? A. I an a widow, and have been so several years—I am living with a man in this public-house—his name is James Scott.

GEORGE WEST re-examined. I went down on the Saturday-night, and found the lock had been taken off the hasp, and the bar was down—this was about a quarter past ten o'clock—I took a light, and went up stairs to go into the loft, but I found it full of straw, and did not go up—we thought that there was a man in the loft—I said, "We will lock him in"—I got another lock, and fastened him in, and waited till two o'clock, but no one came out—straw had been taken from the loft and we traced the straw from the warehouse down to where it had been laid on the wharf—this straw is similar to it.

HENRY BROWN HOWARD (police-constable K 76.) I was sent for, and found

four trusses of straw on the wharf, and one on the bottom of the stairs—the men were gone—I went after Ravenor, and found him in the Ship public-house—Roe pointed him out—I called him, and said I wanted him—he said, "Me?"—I said, "Yes"—he walked out—I said I wanted him in consequence of some straw taken from Mr. West's loft—he said he had been in the tap-room of the Ship from five o'clock in the morning till that time—that was at twenty minutes to ten o'clock—he said he would bring thirty people to prove it, and he had not been on the wharf—the next morning, at half-past six o'clock, I went to Skeet's, and said it was no rather an unpleasant business, about some straw taken from Mr. West's loft—he said he was down with the cart the night before, when a man came to him at the Bull's Head public-house, and asked him if he wanted any straw; he said no—the man said a barge had been cleared out at St. John's Wharf, and there were some bundles of hack straw, and he might have it—he said be declined going, but he was pressed to go, and he ordered the man to hook the horse to the cart and go down—that he went down to the wharf, but could see no straw, it was so dark, and that Mrs. Berry came out, and asked what did he want—he said he came for some straw, and he supposed it came out of a barge, and he described the man Ravenor, on the way to the station-house, as the man who had come to him at the Bull's Head, and he identified him when he came to the station as the man who had come to him about the straw.

MR. CLARKSON. Q. He said it was so dark that he could not see whether they were packets or trusses, or what they were? A. Yes, he did.

MR. CLARKSON called

WILLIAM STEVENS . I am a butcher, residing in New Gravel-Jane. I remember this evening, Saturday, the 13th of January, Ravenor came and knocked at my door, about eight o'clock, and desired me to go and look at some loose straw he had then on the wharf—I did not go, as I was tired.

WILLIAM TYSON . I am a mariner. On this Saturday night, I was at the Bull public-house—Skeet was there, and another man—the waiter came in and called Skeet out—Ravenor was at the door, and he spoke to Skeet.

Ravenor's Defence. I was authorised to sell it by Michael Sullivan—he came to me at eight o'clock, at the Ship public-house, and asked me if I knew anybody who would buy some loose straw—I said I did not know—he said if I could he would pay me for it—I went to a public-house—they did not know any one—I went to Mr. Skeet, and he sent me to another man, and the man was gone away to the West Indies—I then went to Skeet's house—I saw Mrs. Skeet, who sent me to the Bull's Head—I there saw him—he said he did not want to buy it—I said the man said he should have it cheap—he said he would put the horse in the cart, and go and look at it—Mr. Stevens knew me well—I told the Magistrate that Mike Sullivan authorised me to sell it.

HENRY BROWN HOWARD re-examined. Before the Magistrate, he said it was Mike Collins.

RAVENOR †— GUILTY . Aged 21.— Transported for Seven Years.

SKEET— NOT GUILTY .

Reference Number: t18380129-585

585. GEORGE TIMBERLAKE was indicted for stealing, on the 20th of January, 3lbs. weight of sugar, value 1s. 9d., the goods of Mary Williams, his mistress.

MARY WILLIAMS . I am a widow, keeping a grocer's shop at No, 18 Upper Marylebone-street. The prisoner was my porter—between eleven and twelve o'clock on Saturday night, I went into the back kitchen and found 3lbs. of what I believe was my sugar, put into the prisoner's apron, and put into a tub—I watched—he removed it from there, and put it into a barrel of ginger—I told him I had seen the sugar and could swear to it—he said he had taken it, and asked my forgiveness.

Prisoner. I lived with Mr. Parker for eleven years, and had a good character—I did not move this sugar at all—I never touched it—it was not in my apron. Witness. I saw him remove it.

COURT. Q. What time was he removing it? A. Between eleven and twelve o'clock—he sleeps at home, at his mother's—he would have been going home very soon after—I wish I could think that he removed it by accident.

Prisoner. I was coming up and going home, and my master called me into the shop—I had not seen the sugar when he told me of it.

NOT GUILTY .

Reference Number: t18380129-586

586. GEORGE NEWMAN was indicted for stealing, on the 24th of January, 1 copper, value 30s.; and 38lbs. weight of lead, value 5s. the goods of James Goodbody, and then being fixed in a certain building; against the Statute, &c.

ELIZABETH GOODBODY . I am the wife of James Goodbody, of No.6, Barnsbury-place. I went to my house in Belinda-place, on the 24th of January—the copper was safe then—I have since missed it—(looking of one)—it was like this one—I cannot swear to it.

THOMAS COLLINS . I am a bricklayer, and live at No. 13, Featherstone-street, City-road. I fixed this copper in the prosecutor's house.

HENRY CASTELL (police-constable N 184.) At a quarter before ten o'clock, on the 24th of January, I met the prisoner at the corner of High-street, Islington, with this copper and lead—I charged him with stealing it—he told me he got it from Ball's-pond, and would give me no other answer.

Prisoner. I said I got it from a man of the name of Simms, who asked me to go with it to Shoe-lane, Holborn—I was going by Ball's-pond with my knott—a man called me, and said, "Master, do you want a job?"—I said, "Yes"—he said, "If you take this, I will give you a half crown"—he helped me up and I was going—I met the policeman, who stopped me. Witness. I took his shoes off, and they corresponded with the marks in the soot at the house—I have been to Ball's-pond, and cannot find a man of the name of Simms there.

GUILTY .* Aged 65.— Transported for Seven Years.

Reference Number: t18380129-587

587. THOMAS BLYTH was indicted for stealing, on the 30th of January, 1 jacket, value 18S.; 1 handkerchief, value 6d.; and 1 printed book, value 2d.; the goods of Robert Speer, in a vessel in a port of entry and discharge.

ROBERT SPEER . I am an apprentice on board the Adelaide, which laid at the West India Docks, which is a port of entry and discharge.

The prisoner came on board on Tuesday, the 30th of January—I was cooking—he was there about ten minutes—he came on board with the pretence of warming his hands—I had a handkerchief and book on the forecastle, and my jacket too—I saw them on Sunday—while I was gone half he took the opportunity to go down to the forecastle—I and the officer law him come up, and he went on the other side of the deck—the officer asked what he wanted there—he made no answer—the officer opened his jacket and found my jacket underneath, with this handkerchief and book—(looking at them)—they are mine.

Cross-examined by MR. PAYNE. Q. Where was the ship lying? A.

In the West India Docks—he had his jacket slung over the right shoulder—I asked what he wanted there—he said to go to sleep—I said he could not sleep there, and he must go out—he then asked me if the master was on board—I told him no, and I told him once more to go out, but he did not offer to go, and I fetched the officer from the gate—that is seven or eight yards from the ship—the officer was in his box there—when I came back with the officer, he was just getting out of the fore-hatchway, and he had got two jackets on—the handkerchief and book were in the pocket of the jacket—I said nothing more to him than to tell him to go out of the ship—there were two lads on board—one was down in the midships and one down in the cabin—the people on board could not exactly see where he went to—he said at the office that he hoped they would think of his wife.

MR. PAYNE called

SAMUEL THURLOW JAMES . I am an undertaker, and sexton of Shadwell parish. I have known the prisoner personally nearly four years, and partially, on account of knowing his mother, seventeen years—he was summarily convicted of having a jacket in his possession—up to that time he bore a most irreproachable character—I have heard from his family that fourteen years ago he fell down a ship's hold, and was insensible (for three days, and there are now pieces of lint and things in his head; I know he is subject to such fits of aberration, that he will sit for hours together with his head on his hand, and beat his head to get sense in it—I know Mr. Deverell, the beadle—he has been able to get a ship for him—the prisoner had engaged himself to go a long voyage, but his wife did not like him to go so far—I know he was seventeen years at sea, and when he came home he was always at home at his mother's—he worked by daily labour in the Docks, but it was precarious, and we wished him to go to sea again.

WILLIAM BLYTH . I am the prisoner's brother. I was about six years old when he sustained an injury—he was working on board one of Mr. Gale's ships, and fell down the hold, and fractured his skull—he was out of his mind for three weeks, and ever since that he has been rather singular.

NOT GUILTY .

Reference Number: t18380129-588

588. JOHN FISHER was indicted for stealing, on the 23rd of January, 1 jacket, value 8s., the goods of Charles Plummer, in a vessel, in a port of entry and discharge.

CHARLES PLUMMER . I am an apprentice on board the Odessa—she was in the port of London on the 23rd of January. I had a jacket there—I saw it on the prisoner's back—I had seen him on board our ship—he had no business there—he went on shore—I said nothing to him—other lads called, "Stop thief," and he was stopped at the gate—I saw the jacket safe in the morning, about eleven o'clock—I put it on my hammock, and he was on board about two o'clock.

Prisoner. I had not his jacket on my back Witness. Yes, he had—this is it—(looking at it)—he pulled it off himself, and threw it into the log boat before he went on the ice.

Prisoner. I had not the jacket on.

JOHN WHATLEY . I was on board the Odessa, and f saw the prisoner come to the bows of the vessel, with this jacket on—he said he wanted William Thompson—I said, "Ask the boy belonging to the vessel"—he went on shore, and the boy said he thought it was his jacket—there was cry of "Stop thief."

JOSEPH MONTAGUE . I am an officer. I saw the prisoner getting from the lug boat on the ice, and before that he was shuffling off the jacket, and he threw it into a lug boat—I took him, and in going back there were two lug boats, and I said, "I think this is the lug boat," and he said, "No, it is this one."

Prisoner. It is false.

GUILTY . Aged 22.— Confined Three Months.

Reference Number: t18380129-589

589. ROBERT BRAY was indicted for stealing, on the 25th January 1 copper, value 20s., the goods of John Norris, and then being fixed in a building; against the Statute, &c.

SUSANNAH GORDON . I am the wife of James Gordon, of Tonbridge-street, St. Pancras. I had a copper fixed to a building—I saw it safe on Thursday night, the 25th of January, full of water, and it was gone at seven o'clock in the morning.

DANIEL MOBBS (police-constable E 11.) At a quarter before twelve o'clock, on the 25th of January, I saw the prisoner and another at a door in Argyle-place—they had something—I believe it was a copper—I went by the house, and the two men went up stairs, and the woman said "These men have gone up with a copper"—I was going up—one of the men ran down—I went up, and saw the prisoner—I said, "Where is the copper?"—"Here it is," he said; "I found it in Pancras-road."

Prisoner. He came and knocked at the door, and told me to open the door. Witness. I did not—I was close at hand.

Prisoner. The man brought it up, and was gone down two or three minutes before you came. Witness. No, it was not so.

Prisoner. I went up stairs at half-past eleven o'clock.

MRS. GORDON. This belonged to my landlord, Mr. John Norris,

Prisoner. It was outside the room, on an old table.

DANIEL MOBBS . NO, it was in the room, and I saw the prisoner and another take it into the house.

GUILTY . Aged 25.— Confined Six Months.

Reference Number: t18380129-590

590. ANN WILSON was indicted for stealing, on the 25th of January 1 printed book, value 1s. 6d., the goods of William Raymond; and that she had been before convicted of felony.

WILLIAM RAYMOND . I keep a bookseller's shop, at No. 48, Ratcliff-highway. In consequence of information, I ran out on the 25th of January, and about forty yards off saw the prisoner—I asked her where she got the book she had—she said she picked it up—I told her she must go back with me, and I gave her in charge—I had missed eight books—I said, "What are you going to do with these books?"—she said, "I have but two," and I found this one on her—it had been in my window—my lad saw it safe in the morning—when I brought her back she begged me to forgive her, and said it was her first offence.

Prisoner. I did not say such a word. Witness. Yes she did, and she went on her knees.

Prisoner. I begged his pardon, and asked him to let me go—I picked it from under the window, and when I came back to his door it was not open. Witness. My door was shut.

JOSIAH CHAPLINO (police-constable H 124.) I produce a certificate of the prisoner's former conviction, from Mr. Clark's office—(read)—the prisoner is the person who was then convicted.

GUILTY . Aged 53.— Confined Six Months.

Reference Number: t18380129-591

591. JAMES BAKER was indicted for stealing, on the 27th of January, 1 shirt, value 2s.; 3 handkerchiefs, value 2s. 6d.; and 1 pair of stockings, value 6s.; the goods of Daniel Dell, from the person of Mary Ann Dell.

MARY ANN DELL . I am the daughter of Daniel Dell, of No. 44, Rochester-row, Westminster. On Saturday night, the 27th of January, I was carrying a bundle to Mr. Williams, in Park-street—I was going across the top of Dacre-street, and the prisoner came and took the bundle out of my hand—I have no doubt it was him—I hallooed out, and the policeman was down the street—he ran into the policeman's arms—he took him, and showed me the bundle again.

Prisoner. It was a man that stopped me, not the policeman—I did not take the bundle. Witness. I am sure you took it—I saw you.

HENRY HANSFORD . I live with my father, at No. 4, Dunn-street. I was in Dacre-street, and saw this little girl, with a bundle—the prisoner came and snatched it away—I saw him do it.

Prisoner. I never had it in my possession at all.

ABRAHAM WRIGHT (police-constable B 99.) I heard the cry of, "Stop thief"—the prisoner ran towards me—I took him—he had nothing then, but a man brought this bundle to me—it was picked up in the direction the prisoner had run.

Prisoner. I was coming home from over the water, where I had been to my uncle's—I went down Dacre-street, when a man stopped me, and gave me to the policeman—I had not these things in my hand at all.

GUILTY . Aged 16.— Transported for Ten Years.

Reference Number: t18380129-592

592. RICHARD LOVELL was indicted for stealing, on the 28th of January, 1 handkerchief, value 4s., the goods of George Morris, from his person.

GEORGE MORRIS . I live at No. 14, Little St. Andrew-street, Seven-dials, I left home on the 28th of January, at half-past twelve o'clock—I had a handkerchief in my pocket—I stood at the ice in St. James's Park—some one gave me information, and I missed my handkerchief—this is it—(look, ing at it.)

THOMAS RUDLING (police-constable A 18.) I was on duty, and saw the prisoner take this handkerchief from the prosecutor's pocket—I took him, and took it from him—I told the prosecutor, who owned the handkerchief.

GUILTY . Aged 11.— Transported for Ten Years.

Reference Number: t18380129-593

593. THOMAS RYAN was indicted for stealing, on the 30th of January, 1 handkerchief, value 5s., the goods of Stephen Westbrook, from his person.

STEPHEN WESTBROOK . I live at Camberwell. At half-past three o'clock, on the 30th of January, I was near Wellington-street, Strand—I had a handkerchief in my pocket—I felt a tug at my pocket—I turned round, and saw the prisoner with my handkerchief in his hand—a witness saw him throw it over a fence, among some work-people, and we have not found it—I could swear to it, as it was a very particular one—several persons were near me when I felt the tug, but I turned sharp round, and saw the prisoner with it—he took a direction across the road, between the line of cabs—I ran, kept him in view, and cried "Stop thief."

Prisoner. Q. Did you see it in my hand? A. I did.

Prisoner. It is quite false—I was crossing, and heard the cry of "Stop thief," and I turned back directly. Witness. No, he did not turn back.

CHARLES PENDRY . I live at No. 54, George-street, Hampstead. I was coming out of the door of the English Opera-house, and saw the prisoner throw a handkerchief over the fence of some buildings there.

Prisoner. It is quite false—the gentleman said, "Come back with me," I came back, and there was no such thing there—there were a lot of tradesmen at work, who said they had not seen it—the foreman was there, and he denied any handkerchief being thrown over.

STEPHEN WESTBROOK re-examined. When I saw the prisoner, he had run into" a house—at first he denied it, but afterwards he acknowledged it, and offered me his hat, which was better than mine, and asked me to forgive him—then a voice said, "He has thrown it over the fence," and then the prisoner said he would show me where he threw it.

Prisoner. I said, "Come back, if I threw it over, it must be there now"—he took me where the workmen were, and they said that no handkerchief had come over there.

JAMES SILVERY (police-constable A 63.) I took the prisoner—he confessed the theft to me.

GUILTY . Aged 18.— Confined Three Months.

Reference Number: t18380129-594

594. JOHN SULLIVAN was indicted for stealing, on the 22nd of January, 2 cushions, value 2l. 10s., the goods of Benjamin Cruttall Pierce Seaman.

THOMAS DALE . I am coachman to Mr. Benjamin Cruttall Pierce Seaman—he lives at No. 24, Gower-street. I had some cushions—I left them safe in the coach-house about the middle of the day on Sunday, and on Monday

they were gone—that was on the 22nd of January—the coach-house was fastened with a hasp inside.

JOSEPH CLEMENTS (police-constable E 102.) On Monday morning, the 22nd of January, a little before one o'clock, I met the prisoner with these cushions under his arm—he said they belonged to his master, and that he drove a cab.

Prisoner. I was going down Newman-passage, at half-past twelve o'clock that Sunday night, and these laid against the wall—I took them up, and in going home the officer met me and took me with them.

GUILTY . Aged 20.— Transported for Seven Years.

Reference Number: t18380129-595

595. JANE JOHNSON was indicted for stealing, on the 20th of January, 5lbs. weight of beef, value 2s. 6d., the goods of Francis Chalkley and another.

WILLIAM FRANCIS CHALKLEY . I am the son of Francis Chalkley; he has one partner, and lives at No. 127, Whitecross-street, and is a butcher. On the 20th of January I was in the shop, and saw the prisoner pass by, take up a piece of beef, and make off with it—I ran after her—she dropped it from under her cloak, and the policeman took her.

Prisoner. I was tipsy at the time, and had no cloak on. Witness. I did not notice it—she had a large shawl on.

THOMAS MALING (police-constable G 15.) I took her in charge, the was not tipsy.

GUILTY .* Aged 30.— Confined Three Months.

Reference Number: t18380129-596

596. FREDERICK MASON was indicted for stealing, on the 24th of January, 1 cloak, value 1l.; 1 coat, value 15s.; and 3 frocks, value 5s.; the goods of William Jenkinson.

MARY JENKINSON . I am the wife of William Jenkinson, and live at No. 24, Charles-street, Hatton-garden—I keep a circulating library. On Wednesday evening, the 24th of January, the prisoner came to the shop with his arm in a sling, and asked me if I would go to his mother, and tell her he was walking the streets, and had nothing to eat; and to come and speak to him at my place—his mother lives in Kirby-street—I knew him by coming to my place—I went to his mother, and told her—she said she would come directly—when I went out I left my cloak and the frocks on the chair, and my husband's coat on the bed—when I came back the prisoner was gone, and my little boy said something to me—I looked about and missed these things—they were all gone—these are all mine—(looking at them.)

ROBERT MITCHELL . I am shopman to Mr. Lawson, of No. 8, North-place, Gray's Inn-lane, a pawnbroker. I produce the cloak, coat, and three frocks, which were pledged by the prisoner on Wednesday evening, the 24th of January, between seven and eight o'clock.

JOHN DAVIES WHITE (police-constable G 46.) I took the prisoner on Thursday morning, between one and two o'clock—he gave me the duplicate directly—this is the sling he had round his arm.

Prisoner. He said if I gave up the duplicate, he would go and compromise the matter. Witness. No, I did not; he desired me to go and tell his mother to make it up.

Prisoner. I pleaded guilty before the Magistrate—I have declined to bring any one to speak to my character, as it would be hurtful to their feelings

—I throw myself on the mercy of the Court—I have been in great distress, and was in liquor at the time.

GUILTY . Aged 26.— Confined Six Months.

Reference Number: t18380129-597

597. THOMAS BRANNEN was indicted for a misdemeanor.

DENNIS CRONIN . I am a surgeon. Mr. Campbell supplied me with wine—on the 17th of November, I remember the prisoner calling on me with a message from Mr. Campbell, the wine-merchant, in Mark-lane—he told me Mr. Campbell would be obliged by my letting him have half-a-dozen bottles—I said certainly, he might have as many as he wanted—in consequence of that, I called my servant, and desired her to let him have what he wanted; and I said, "Give my compliments to Mr. Campbell, and tell him I will pay him his bill in a short time."

Prisoner. I did not tell him I came from anybody. Witness. Yes, he did, and he came the next morning and said Mr. Campbell would feel obliged by my letting him have a few more, which I also let him have.

MATILDA SOPHIA STEWART . I received directions from my master, and gave the prisoner two dozen bottles and three—the next day I let him have a dozen and three more, after he saw my master.

PETER FREDERICK AUGUSTUS CAMPBELL . I am a wine-merchant in Mark-lane. The prisoner left me two years ago—I did not direct him in November to go to Mr. Cronin—I received no bottles from him.

Prisoner. I did not ask for the bottles in Mr. Campbell's name—the servant told me she was glad to get rid of them.

GUILTY .* Aged 21.— Transported for Seven Years.

Reference Number: t18380129-598

598. EDWARD WOOD was indicted for obtaining money under false pretences; to which he pleaded

GUILTY . Aged 43.— Confined One Year.

Reference Number: t18380129-599

599. THOMAS MURTON was indicted for stealing, on the 11th of December, 3 handkerchiefs, value 5s. the goods of Thomas Winstead Green.

THOMAS WINSTEAD GREEN . I live at No. 38, Judd-street, and am a linen-draper. The prisoner formerly lived with me as light porter—he left me about four months ago—about the 11th of December I missed three handkerchiefs from the kitchen, not from my stock—I got a constable, and went to Mrs. Evans's, where the prisoner had been lodging, and there saw one of them—this is it—the mark has been picked out—here is the remainder of it, but I can swear to it—I have worn it three months.

Cross-examined by MR. PAYNE. Q. What were the initials? A. The letter G—nothing else—I saw part of the mark remaining in one corner—I got it from Mrs. Evans, who keeps a beer shop in Speldhurst-street, where the prisoner used to lodge—my Christian names are Thomas Winstead.

COURT. Q. Was there another handkerchief found? A. Yes, this is it—it is mine—I do not see a mark—but I have no difficulty in swearing to it.

MR. PAYNE. Q. IS this the only one of that pattern in London? A. I never saw many—I have worn this one—they print seven in one piece—I

do not know how many pieces they make—there maybe thousands of this sort.

ELIZABETH EVANS . I am the wife of Henry Evans, and live at No. 3, Speldhurst-street. This handkerchief was found at my house—I got it from the prisoner—he was with another—both of them pulled their handkerchiefs off, saying, one was better than the other, and the other young man chucked the handkerchief from the prisoner to me, and my husband kept it in part of 2l. That the prisoner owes me—I saw the prisoner take this one off his neck—if the officer will swear it is the one my husband gave to him in my presence—my husband is not here.

CHARLES REYNOLDS . I live at No. 22, Vine-street, Spitalfields. I bought this other handkerchief of the prisoner, and gave it to the officer.

Cross-examined. Q. Are you quite sure you had it of the prisoner? A. Yes, I gave 1s. for it, and a pint of half-and-half.

NOT GUILTY .

First Jury, before Mr. Sergeant Arabin.

Reference Number: t18380129-600

600. ROBERT NYE was indicted for stealing, on the 21st of January, 1 handkerchief, value 1s., the goods of Henry Eustace James; from his person; and that he had been before convicted of felony.

HENRY COCKING . I am a tailor. On Sunday morning, the 21st of January, I was in company with Mr. James, in High-street, Marylebone—I felt a tug, and turned and found the prisoner close at my heels, and between his legs, lying at my heels, was my handkerchief—I picked it up, and at that time my friend said he had lost his—when the policeman came up he searched him, and found my friend's handkerchief on him—while the policeman had hold of his left arm, I saw my friend's handkerchief in the breast of his coat—the prisoner had Mr. James's handkerchief—this is mine.

HENRY EUSTACE JAMES . I was in company with Mr. James Cocking—I have heard what he has stated—he has told it correctly—I saw my handkerchief on the prisoner, in his breast, and before that it had been safe in my pocket—we had been walking arm-in-arm till we came to the spot, and then we left each other's arms, but were dose together—this is my handkerchief.

JOHN GRIFFITHS (police-constable D 146.) I was on duty in High-street, and heard the cry of "Police"—I ran up, and saw Mr. Cocking holding the prisoner by the shoulder, and he had this handkerchief in his hand—at that moment Mr. James said, "I have lost mine, perhaps he has got mine"—the prisoner said, "So help me God, I have not," and he put his hand to his breast, and this handkerchief fell down.

SYLVESTER SULLIVAN (police-constable D 194.) I have the certificate of the prisoner's former conviction from Mr. Clark's office—(read)—I was present at that trial—the prisoner is the same person.

GUILTY . Aged 21.— Transported for Ten Years.

Reference Number: t18380129-601

601. RICHARD PETTIFER was indicted for stealing, on the 26th of January, 1 table-cloth, value 3s. 6d., the goods of James Pegram.

JAMES PEGRAM . I am a carpenter, and live in London-fields, Hackney. At half-past eight o'clock, on the evening of the 26th of January, I was sitings

in my father's kitchen—from information I received from him I ran out, and found the prisoner, who was going under a lamp—he had something under his smock-frock—I brought him back, and took the table-cloth from under his smock—this is the table-cloth—it had been hanging in the back yard, surrounded by a five feet wall—he must have got over the wall—I do not know him at all.

JANE PEGRAM . I am the wife of James Pegram. The last witness is my son—this table-cloth belongs to my husband—it was in the yard—the kitchen door led to the yard—I went to take in some things—I took in some, and left out the table-cloth, about five minutes before half-past eight o'clock—it hung on some pantile laths—he took the lath and all over.

EDWARD MAY . I am a policeman. I took the prisoner.

Prisoner's Defence. I was going by, and had occasion to go down the turning—I saw something lying, I took it up, it was this—I walked up the street—I offered no resistance when I was taken—I have not had power to send to my friends.

GUILTY . Aged 36.— Confined Three Months.

Reference Number: t18380129-602

602. GEORGE NICHOLLS was indicted for stealing, on the 27th of December, 1 truck, value 3l., the goods of William Boxall.

WILLIAM BOXALL . I live at No. 24, Nelson-place, Circus-street, New-road, and let trucks. On the 27th of December, the prisoner and another person came to me to hire a truck—the prisoner told me his name was Nicholls, and he lived at No. 91, Crawford-street—he asked what I charged for the truck—I said 3d. an hour—he said he was going to more a bedstead to Grosvenor-place, and should want it about two hours—this was about ten minutes before three o'clock in the afternoon, on a Wednesday—he took it away, and he never came back—I expected it to be returned in two hours, or two hours and a half—I afterwards saw the springs, axle-tree, and some other parts—it had been pulled to pieces—the person is here in whose possession it was found—I knew it directly—I found it on Friday, the 29th—we did not find the prisoner till last Monday week—I went to No. 91, Crawford-street, but he was not to be found there—I understood he was in the habit of going from his mother's, who lives there, to Westminster—I saw him again on the 22nd of January, I believe—that was nearly a month after it was lost—I and the officer went up stairs—the officer was in before me—I heard him say, "You are the man I want"—I followed him, and the officer said, "Is this the man?"—I said yes, it was—the prisoner said, "Don't be in a hurry, I want to speak to my mother"—his mother came in with a candle, and then the prisoner turned to me and said, "What is the value of the truck?"—I said, "I cannot tell, you are now in the officer's hands, and must go to the station-house"—I have not found the rest of my truck—not the wheels, nor the body.

Prisoner. Q. What time did I hire it? A. Ten minutes before three o'clock—you said it was for two hours, or about two hours—I cannot tell whether you live in Crawford-street.

GEORGE MILLS . I accompanied the prisoner for the truck—I was in Mr. Collingwood's public-house—the prisoner said he was hard up, he had got a job, and did not know where to get a truck—I said I knew where he could get one—he said he would stand a drop of gin—I

took him to Mr. Boxall, and spoke for the truck—he said he should want it for two hours, to remove a bedstead to Grosvenor-place—I dragged the truck to the Yorkshire Stingo, and there we had the gin—I left him, and he went on with the truck towards Bays water.

Prisoner. Q. Was it to move or fetch a bedstead? A. To move one, you said.

Prisoner. Q. How often have you been in custody? A. Never.

WILLIAM BALLARD . I go to country fairs to bring home horses, and live at No. 32, Duck-lane. On Wednesday evening, the 27th of December, I met the prisoner and another young man in the Broadway, between Mr. Home's and Mr. Manley's—the person that was with the prisoner said, "Here is a young man will buy your springs and axletree"—I asked him what sort they were—the prisoner said they came off a little green grocer's cart—I asked if they were his own—he replied, "Yes"—with that we went to Mr. Whipon's, and had some beer—we proceeded to York-place, and went to a little shed—he asked Mrs. Burt to bring a light, and we looked at them—I asked what he wanted—he said 12s.—I said they were not worth that of my money, and I offered him 8s.—he hesitated, and then agreed to take it—I left him 1s. on it, and went and pawned the coat I have on, got the money and paid him, and on Friday I took them to Smithfield to sell them—Mr. Boxall came and owned them—I was taken, and committed for re-examination—I was then liberated, and was afterwards fetched from my house to see the prisoner, whom Mr. Boxall had taken into custody.

JOHN NASH , (police-constable D 129.) I took the prisoner on the 22nd—I went with the prosecutor to No. 91, Crawford-street—I sent a person to knock at the door—I waited half an hour, and then saw the door open—I went up stairs to the front attic—the door was locked—I found the key outside—I went in, and the prisoner was sitting smoking his pipe—I said, "I want you"—he said, "What for?"—I said, "For the track"—he said, "Stop a bit"—his mother came up, and he wanted to make it up—they wanted to know the price of it—I said I could not allow anything of the kind.

Prisoner. State the precise words. Witness. Your mother wanted to know what it was, and you asked several times what it was.

Prisoner's Defence. An article hired for the purpose of going from one place to another does not amount to felony, if disposed of on the road—the hiring being from Paddington to Grosvenor-place, and the sale being on the road, would be a breach of trust, not a felony.

GUILTY . Aged 35.— Transported for Seven Years.

Reference Number: t18380129-603

603. JAMES WILSON was indicted for stealing, on the 24th of January, 43lbs. weight of beef, value 1l. 5s., the property of Walter Hughes.

WALTER HUGHES . I am a butcher, and live at No. 13, Chappie-street, May-fair. This happened on the 24th of January—I only know that I missed this beef, and then the prisoner was brought in—there are 43 1/2 lbs.—it was on the front board of the shop—it was in doors, but the shutters being down, it was exposed, though not outside.

CHARLES STEWART . I am a saddler and harness maker. On the 24th of January I was in my shop, which is nearly opposite the prosecutor's, and

saw three men standing at a tallow-chandler's opposite my shop—it struck me that they were going to sing; in less than a minute I raised up my head from my work, and saw the three people at the prosecutor's, and one of them had got the beef—he put it on the prisoner's shoulder, and another had got an old piece of wrapper to cover it—they went a few yards, and the wind blew the cover up—they put it down again—I went to the prosecutor's, and while I did that, the other two ran away—I then called, "Stop thief," and the prisoner dropped the beef—Mr. Hughes's son followed the prisoner, and took him—I am sure he is the man.

Prisoner. Q. Where was I? A. In Chappie-street West, when you were taken.

Q. How was it possible for you to see round the corner? A. I did not say I did.

GEORGE HUGHES . I heard Mr. Stewart cry, "Stop thief"—I ran, and saw the prisoner turn down Chesterfield-street—I pursued him round Hill-street, and a butcher stopped him at the corner of Hay-street—he went on his knees, and said he hoped we would not take him—he was half starved.

Prisoner's Defence. I was walking down the street—two men ran past me; and a butcher's man ran and collared me—when the last witness came they took me to the shop and charged me with the meat, which I knew nothing of.

GUILTY . Aged 19.— Confined Three Months.

Reference Number: t18380129-604

604. MARY DAVIES was indicted for stealing, on the 26th of January, 1 pair of boots, value 1s., the goods of John Howard.

JAMES VALENTINE . I am foreman to John Howard, who lives at No, 130, Tottenham-court-road—he is a shoemaker. On the 26th of January the prisoner came into the shop—I was engaged at the window, and heard a noise in the corner—I looked, and missed a pair of boots—I saw the prisoner going away—she had got out about three or four yards—I went, and said, "What have you got?"—she said, "Nothing; I was looking at a pair of shoes"—I carried her back, and she dropped these boots—I had seen her on the Tuesday before, and then I missed a pair.

Prisoner. I put them down before you, when you abused me, and said you knew I had been at the shop before, which I had not. Witness. A person came in and offered to pay for these; and I should have let her go, but the shopwoman came down, and said she recollected her being there before—these are my master's boots.

GUILTY . Aged 37.— Transported for Seven Years.

Reference Number: t18380129-605

605. MARY DAVIES was again indicted for stealing, on the 26th of January, 7 pairs of boots, value 21s., the goods of Ralph Wilcoxon; and 1 plane, value 3s., the goods of Mary Ann Moore.

SAMUEL WILLS . I live with Mr. Ralph Wilcoxon—he is a shoemaker in Tottenham-court-road. We missed this bundle of boots on the 26th of January—we did not see who took them, but they are my master's, and were lost on Friday evening—they were in the shop, just at the door—these were found at the prisoner's lodgings.

JOHN HEALEY (police-constable E 93.) The prisoner was given into my charge on Friday evening at a quarter past five o'clock—I asked her her

residence—the would not tell me, but she gave one address which I found was not right—the next morning she said she lived at No. 15, Broad-street—I went there, and that was false; but there I found a duplicate, and from that address I went to No. 2, Crown-street, and found she went by the name of Douglas—I found these shoes there—her husband was at home, and said his name was Douglas.

Prisoner. He is lying ill of a fever—I have five children, but am not married.

COURT. Q. Did you hear from her that she lived there? A. No, not to me she has not admitted it—I found some meat and other property there which the man could not account for.

NOT GUILTY .

Reference Number: t18380129-606

606. SAMUEL COOK was indicted for stealing, on the 26th of January, 1 till, value, 2s. 6d.; 1 half-crown, 1 penny, 31 halfpence, and 102 farthings, the goods and monies of James Henderson.

EDWARD DENNINS . I live at No. 20, Kingsgate-street, Holborn. About half-past eight o'clock on the evening of the 26th of January, I was going into the prosecutor's shop for three quartern loaves—I had got in, and the prisoner came running past me with the till under his arm—he ran out—I followed him all down Devonshire-street—he put the till down at the corner of East-street, and ran off—I took the till, and ran after him—I saw him taken by a policeman—he is the same boy.

JAMES HENDERSON . I am the master of the shop. This till is mine—it was kept under the counter—I was out at this time—it contained one half-crown, one penny, thirty-one halfpence, and a hundred and two farthings, when it was found—there might have been a little more.

JONATHAN WHICHER (police-sergeant E 47.) I took the prisoner in charge.

Prisoner's Defence. I was going to look after work, and could get none—I was going along, and heard the cry of "Stop thief," and I looked to see who it was—a butcher boy came and caught hold of me, and they said I had stolen the till, but I had not.

GUILTY . Aged 12.— Transported for Seven Years to the Prison Ship.

Reference Number: t18380129-607

607. JAMES BAYLIS was indicted for stealing, on the 5th of December, 2 gig-lamps, value 30s., the goods of Joseph Henry Hembery.

JOHN WOODLAND . I am servant to Mr. Joseph Henry Hembury, who lives at No. 2, Bedford-street, Bedford-square—his stables are in Tavistock-mews. On the 5th of December I missed two lamps—Dr. Arnold had part of the stables—my master's gig was in the coach-house—I saw it last about nine o'clock in the morning—the lamps were locked up in a place separated from the coach-house—I missed the lamps in the evening—I had left it locked at one o'clock, and found it ajar at seven o'clock in the evening—there did not seem to be any mark of violence on the lock—it must have been picked—the lamps were gone—I had seen them at nine o'clock in the morning—I saw the prisoner at one o'clock in the stable helping Dr. Arnold's coachman.

Cross-examined by MR. DOANE. Q. You locked them up at nine o'clock in the morning? A. Yes, and I saw the place was locked at one o'clock—I did not see the lamps then—there are a pair of folding-doors which were fastened inside, and no one could get there without going through the door that I went in at—the lamps were bought, I believe, with

the gig—I saw them on a cab after I lost them—I think they would do for a chariot or any sort of carriage—there is nothing on them to say that they are gig-lamps—they are carriage-lamps—I am not much of a judge—I should not know a coach-lamp from a gig-lamp.

FRANCIS WATTS . I live in the Hampstead-road, No. 15, William-street. I was at a public-house in Cumberland-market, about six weeks ago—the prisoner came and brought in a pair of lamps—I believe these are them—he asked me if I wanted to buy a pair of lamps—I said I did not, but my brother-in-law did—I saw him sell them to James Kirkup—I had known the prisoner five or six years.

Cross-examined. Q. Had he not an honest character? A. Yes, he was always a very honest, sober man—I saw him in this house about the middle of the day.

ROBERT BRIDDLE . I was in Oxford-street one day with my cab, and Kirkup told me of these lamps—they were at Cumberland-market—I went and looked at them two or three days after—I put a job down there, and called and looked at them—these are the lamps—I bought them of him.

STEPHEN THORNTON (police-constable E 53.) I accompanied Mr. Hembury to Mr. Briddle's, and from him to the public-house, and to the prisoner—who said he bought them in Tottenham-court-road, of a man whom he did not know, at the corner of Windmill-street, and said he gave him half a crown for them.

JAMES KIRKUP . I am a coachman. I bought these lamps of the prisoner—I have known him five or six years—he was ostler to my father—I gave him 3s. 6d. for them, and spent sixpence—I told Briddle of this—they are not worth above 6s.

JOSEPH HENRY HEMBURT . I am the owner of these lamps. I was present after the prisoner was taken, and he said he bought them in Tottenham-court-road, of a man he did not know before, but he thought he should know him again—the prisoner identified the lamps to be the same that he bought of the man, and stated that he worked for Dr. Arnold's coachman.

(The prisoner received a good character.)

GUILTY . Aged 26.—Recommended to mercy by the Jury.— Confined Three Months.

Reference Number: t18380129-608

608. WILLIAM WHEELER was indicted for an assault, with intent to ravish.

GUILTY . Aged 26.— Confined Twelve Months.

Reference Number: t18380129-609

609. EDWARD LASHBROOK was indicted for stealing, on the 26th of January, 1 basket, value 1s.; and 75 dead herrings, value 4s.; the goods of Charles Wood, his master; to which he pleaded

GUILTY . Confined Three Months.

Reference Number: t18380129-610

610. GEORGE HEATH was indicted for stealing, on the 23rd of December, 1 shilling, the monies of Daniel Desormeaux, his master; to which he pleaded

GUILTY .

Reference Number: t18380129-611

611. GEORGE HEATH was again Indicted for stealing, on the 24th of January, 1 shilling, and 4 pence, the monies of Daniel Desormeaux, his master; to which he pleaded

GUILTY .

Reference Number: t18380129-612

612. GEORGE HEATH was again Indicted for stealing, on the 25th of January, 1 shilling and 1 penny; the monies of Daniel Desormeaux, his master; to which he pleaded

GUILTY .

Reference Number: t18380129-613

613. GEORGE HEATH was again Indicted for stealing, on the 16th of December, 1 shilling, the monies of Daniel Desormeaux, his master; to which he pleaded

GUILTY . Aged.— Transported for Seven Years.

OLD COURT.—Saturday, February 3rd, 1838.

Second Jury, before Mr. Common Sergeant.

Reference Number: t18380129-614

614. CHARLES COLLIS was indicted for stealing, on the 17th of August, at St. John the Evangelist, Westminster, 39 sovereigns, and 6 half-sovereigns, the monies of Catherine Hayward, in her dwelling-house.

CATHERINE HAYWARD . I live in Old Pye-street, Westminster. The prisoner lodged in my house about eight months, and left in August, 1836, when I was going for some vegetables, and asked him to mind the place while I went—he said he would—that was about eight o'clock in the evening—I returned in a quarter of an hour, and he was gone, and the dog was gone, which I had left chained to the bed, close to my box—the dog was loosened from the chain, and put out of doors—the doors of the house were on the latch, and my box was broken open—an iron bar laid by the tide of it, which it had been done with, and my money was gone—I lost thirty-two sovereigns and six half-sovereigns—I did not see the prisoner again till he was in custody this year.

Prisoner. Q. Three or four months previous to the time you say you were robbed, did not you lodge some money in the Bank? A. Never.

JAKE BRADY . I am the wife of Edward Brady, and live in George-street The prosecutrix came to me about half-past eight o'clock in the evening she was robbed, crying—I live not far from her—I had seen the prisoner that evening, about ten minutes after eight o'clock, run past my door—I said, "Charles, what are you running for?"—he said, "Let me go," and presently Mrs. Hayward came up.

JAMES FINCH . I live at No. 37, Old Pye-street. I remember the evening the prosecutrix was robbed, but I did not know any thing of it till the day after when she told me of it—I saw the prisoner coming down St. Ann's-lane one evening, eighteen months afterwards, and I said, "Halloo, Charley!"—he said, "Halloo, Bill! for God's sake do not betray me, for I am in your hands"—I had heard of the robbery before that—I am Mrs. Hayward's son—I said, "I heard you were gone to Liverpool"—he said, "I went to Bristol"—I asked where he lived then—he said, "In St. Giles's"—a man and woman came up the street, and he went into a corner to make water—the woman hallooed out to the man," Come on, George"—he thought she was speaking to him, and he spoke to her—he took hold of my hands, and said, "Good bye!" and ran into Davis's house, saying he was going to see his brother—I went home, and told my mother, and he was taken into custody by Pike.

Prisoner. Q. Were you not tried about fourteen months ago in this

Court, for stealing a handkerchief? A. Yes, but I was acquitted—I was in the House of Correction once, but only for begging.

WILLIAM PIKE . I am a policeman. I went after the prisoner, and took him into custody—he resisted violently—it took three of us to take him to the station-house.

Prisoner. Q. Was I sober? A. You were the worse for liquor.

Prisoner's Defence. On the evening Mrs. Hayward was robbed, she asked me to mind her place—I said I would stop if she was not long; but she stopped longer than I thought she would.

MRS. HAYWARD re-examined. Q. Did he say he would stop, if you did not stop too long? A. He said he would stop till I came in.

Prisoner. I told her I would stop if she was not long—she did not come, and I fastened up the room door, and the hall door, and put the outside door on the latch, that she might open it—I slept at Hammersmith that night—I get my living by recitations at public houses, and generally go down in the summer into the country.

Witness. He had lodged with me about eight months—he had given me no notice to quit.

Prisoner. I was only paying my lodging by the night, and could go away at any time.

Witness. He owed me 1s. 8 1/2 d. when he left.

GUILTY . Aged 30.— Transported for Ten Years.

Reference Number: t18380129-615

615. JAMES RICHARDS was indicted for stealing, on the 28th of January, at St. George, Bloomsbury, 1 watch, value 12l.; 1 watchguard, value 10s.; 1 watch-key, value 8s.; 1 ring, value 4s.; the goods of Robert Kemp Foxall: 1 guard-chain, value 4l.; 1 brooch, value 8l.; 1 ring, value 1l.; the goods of Harriet Foxall: 1 brooch, value 2l.; and 1 pair of ear-rings, value 2l.; the goods of Mary Ann Susannah Foxall; in the dwelling-house of Charles Foxall: and CHARLES GREEN , for feloniously receiving the said goods, well knowing them to be stolen.

ROBERT KEMP FOXALL . My father keeps the Crown tavern, in Museum-street, Bloomsbury. On the 28th of January the prisoner Richards came to lodge at our house, and I let him sleep with me—I saw him in bed between one and two o'clock—I got up first, about two o'clock in the afternoon—I always lie in bed very long on Sunday, as I rise at four o'clock every other morning—I left the prisoner in bed, and I told him he had better get up as the girl would want to make the bed—I went down stairs—he came down after, me, and I saw no more of him that day—the gold watch and other things were in my sister's room, and she mined them—this is my watch—(looking at the property)—the chain is my sisters, and this silver guard and gold ring I know—the key and gold chain is not here—my father's name is Charles Foxall.

HARRIET FOXALL . I am the sister of the last witness. I had a gold chain, a brooch, and ring, which were safe in my dressing-room at three o'clock—my room is opposite the one the prisoner slept in—I missed them about an hour after, when I went up to dress.

MARY ANN SUSANNAH FOXALL . I know these ear-rings, brooch, and tortoisehell box—they are mine—I saw them safe on Sunday about half past one or two o'clock—I missed them soon after my sister missed her things.

WILLIAM HENRY WARRE . I am a pawnbroker, and live in Skinner-street

The watch which has been produced I gave to the officer—I stopped the prisoner Green on Monday the 29th, when he came to pawn it—he said it belonged to himself, and that he had worked hard for it, that he had been in business with his brother, and he had lived with Cook and Shool-bred, in Tottenham-court-road, but at present he was out of employment—he said he bought the watch of the maker—the name of Cox and Savory is in it.

WILLIAM M'LENNAN (City police-constable No. 4.) I was sent for by Mr. Wane, who gave me the watch—I took Green to the watch-house, and left him in charge—I went to the Crown tavern, and produced the watch to the prosecutor—I then returned and searched Green, and on his person I found all the articles I have produced; and, among other things, five duplicates, one of them for a silver guard belonging to the prosecutor, but the pawnbroker who has it has not come.

Green. Q. After you took me to the watch-house did not I tell you where I lived, and where you might probably apprehend the other prisoner? A. You did—he told me all he knew relating to the property—he said that Richards was an acquaintance of his, and out of employment at the time that he gave him part of his dinner—that he met him that day, and told him he had found the articles in a water-closet in a house he lodged at, wrapped in paper, and wanted him to dispose of them, as his appearance was more respectable than his—I went that evening and took Richards at the Globe tavern, London-street, Tottenham-court-road.

Richards's Defence. Utter distress, and being out of employment a long time, urged me to commit the offence.

Green's Defence. I lived at the Globe Tavern, in London-street, as waiter or potboy. Richards came there for the last three weeks, at times, and stated he was out of employment, and had not the means of sustenance—I took pity on him, and at times gave him money to procure a lodging, and at other times he partook of my meals—last Monday I had to go out, and stated it to Richards—he asked if he should accompany me, and while out, he presented me with a parcel containing a gold watch, and these trinkets, and requested me to pawn a silver guard-chain, which I did, in Amwell-street, for 10s., which I gave him, but forgot to give him the duplicate—afterwards he requested me to pawn a gold watch—I asked him how he came by it, and if he found it in the water-closet, as he had said, why not pawn it himself—he said I was much more respectable in appearance, and in all probability should get more on it, and he should get more money to put clothes on his back, to get employment—I was ready to do him service, and I went into the pawnbroker's, and offered the watch—I was asked if it belonged to myself—he had told me before to say that it did belong to me, as the pawnbroker would refuse to take it in if I said otherwise—I said it was mine, and was take into custody—I then told the policeman all I knew.

RICHARDS— GUILTY . Aged 19.

GREEN— GUILTY . Aged 21.

Recommended to mercy— Confined One Year.

Third Jury, before Mr. Recorder,

Reference Number: t18380129-616

616. THOMAS HICKLING and WILLIAM LINDWOLD were indicted for feloniously breaking and entering the dwelling-house of Ezekiel John Baker, at St. Mary Matfelon, alias Whitechapel, on the 25th of January, with intent to steal, and stealing therein, 11 pistols, value 40l. and 8 guns, value 90l.; his goods: and SARAH THATCHER SOPHIA THATCHER , and THOMAS REED for feloniously receiving 11 pistols, part of the said goods, well knowing them to have been stolen; to which

HICKLING pleaded GUILTY . Aged 39.

LINDWOLD pleaded GUILTY . Aged 63.

Transported for Ten Years.

JOHN TILL . I am shopman to Ezekiel John Baker, who lives in Whitechapel-road, in the parish of St. Mary, Whitechapel. I fastened up the house on Thursday night, the 25th of January, and on Friday morning, the 26th, between eight and nine o'clock, I missed eight guns and eleven pistols, out of glass cases—there were no marks of violence about the place, but I was not the first who entered the counting-house—I had left at five minutes to eight o'clock the evening before, and the guns and pistols were then safe in the counting-house, which is in a yard enclosed with the dwelling-house—it joins the dwelling-house—there is a dining-room over the front shop—you pass through to the back shop, without going into the open air—it is part of the house, and joins the dwelling-house.

Q. Are there rooms over it, which are dwelt in? A. Yes, there are, and it communicates internally with the rooms of the house—I left at five minutes to eight o'clock, on Thursday, the 25th, and missed the gums and pistols next morning.

Q. In consequence of directions from your master, did you get an officer? A. In going for an officer, I saw Hickling in company with one or two more—they parted, and I followed him to Fleur-de-lis-court, Spitalfields—I went then for an officer, and Hickling's brother and himself, and one or two more, came out of the house in Fleur-de-lis-court—we went into the house, and found eight guns there—I had seen Hickling go into that house, and come out—I went for an officer after finding the guns, and took the prisoner Hickling in Wheeler-street.

WILLIAM COLEMAN (police-constable H 2.) I was passing through Spitalfields-market on Friday morning, the 26th of January—I went to Fleur-de-lis-court, and saw the witness Till—I went to a house, No. 4, Reeve's place, and searched it, and in an up-stairs room I found a bed and mattrass, covered over with packing-mat, and tied very carefully with packing cord—I found in the mattrass eight guns, which I now produce.

Q. Did you see either of the prisoners, charged as accessaries, at that house? A. No.

JAMES LEA . I am an officer of Lambeth-street-office. I put some questions to the two Thatchers in consequence of what Hickling told me, and they denied the charge—when I apprehended Lindwold, the prisoner Sarah Thatcher came into the room—she passed as Lindwold's wife then—I asked her if she knew any thing about the pistols—she denied it—I afterwards went to the prisoner Sophia Thatcher, and asked her if Sarah had left any pistols there—she denied that she had—I found no property in the possession of either of the Thatcher's, nor of Reed.

THOMAS CUMMINS (police-sergeant H 5.) I went to No. 8, Morgan-street, on Sunday, the 28th of January, and saw the two female prisoners—I said I understood they had the pistols in their possession—they said they had not—I asked if they knew where they were—they said not—I asked if they knew where the prisoner Reed lived—they said they did not,

and were quite sure he knew nothing about the pistols—on Sunday night I went to Reed's lodging, and asked him if he was aware of the robbery at Mr. Baker's—he said he was—I asked if he had any pistols in his possession—he said he had not—I said, "Did not you take them away from Morgan-street?"—he said he did not—I searched his premises, but did not find them there.

WILLIAM WRIGHT . I live in Hennage-street, Brick-lane. I saw the prisoner Reed on Friday night, the 26th of January—I never saw him before—I saw him then in Morgan-street—he came to No. 8, and beckoned a little girl out—the girl came with a light, and went into the next door—having beard something was missed, I followed them into the next house, out of curiosity—they went into No. 8—I went up stairs into the room where they were, and saw Reed take the pistols away with him.

Q. Who gave them to him? A. Mrs. Thatcher was in the room with him, and she gave them to him—he came down stairs, and went away, and I did not see any more of him.

Q. Was any thing said while you were there? A. There was nothing said at the time, not till after Reed had gone away—Mrs. Thatcher then said she wished Mr. Baker to have the property back again—I went away then—I should know the pistols again if I saw them—there was one bigger than all the rest—(looking at them)—I believe this to be the one I saw—I am certain of it—here is a mark on it which I took notice of.

Q. How came they to let you in to see what was about? A. I followed them in—they did not ask me to go in—I was not a stranger to them, as I knew the sister, who lived next door—in fact, I did not intend to give information—they took no particular notice of my being there—I worked next door.

Q. Did they talk of Mr. Baker in your presence, and never say, "What do you do here?" A. No—they took no notice of me, only when Reed went down he said, "Is there any body there? is it all dear?"—the conversation was not till after Reed had gone away—I was a stranger to these three, but was not strange to the sister of Thatcher—after Reed went away the women came in from next door, and they talked about destroying the property—I said they had better send it back to Mr. Baker, or whoever it belonged to.

Q. They knew you to be a respectable man? A. They did not know any thing against me—they had seen me before, coming backwards and forwards, but not till lately.

Cross-examined by MR. PAYNE. Q. Who are you, and what are you? A. I am a box-maker—I carry on my business at No. 5, Hennage-street—I went to Morgan-street to teach a little girl to make light boxes—I was a stranger to Reed—I never saw him before, not till the time I speak of—I took up this pistol, looked at it, and put it down again.

COURT. Q. Did they know you as a thief, or what, that you were so ranch at home there? A. They knew nothing against me—I was not acquainted with them, but I knew the sister who lives next door—I took particular notice of this pistol, and of the finishing of the mark here—I am not a particular judge of pistols.

MR. PAYNE. Q. Are you a master box-maker? A. Yes—I do not keep any workmen, as trade is so slack—I have been in a very good way of business, and worked for a number of respectable gentlemen in the City—I do not keep a house—I lodge in Hennage-street.

COURT. Q. How long have you lost your business? A. It is not gone—I serve several respectable people in St. Paul's Church-yard—Mr. Jones, Mr. Hall, and Mr. Hoare, the milliners—Mr. Jones would come directly, if you doubt my evidence.

WILLIAM ARGENT (police-constable H 126.) In consequence of information I went to a house in Vine-court, Whitechapel, and took the prisoner Sarah Thatcher into custody on the 28th of January—I asked her what she had done with a basket which she had on Friday morning—she said she carried it to a woman in the Commercial-road—I had not seen her with a basket—it was in consequence of information I put the question.

Q. Did you give her any caution that you were putting questions, and that her answers would be given in evidence against her? A. No, not particularly that—I put the question to her from information I had received, but nobody told me to put the question—I got the information from a person named Singleton, in Whitechapel-road—I believe he is a colour-maker—my brother officer, Arnold, was with me at the time.

Q. Well, what did she say? A. She said she gave it to a woman is Commercial-road—I locked her up, and went to No. 7, Morgan-street, Commercial-road—I saw her mother there, but said nothing to her, and, without my saying a word to her, she said that her daughter had brought the basket down to her house—I had not mentioned the basket—she said it entirely of her own accord, without my having said any thing about a basket—she said she would go with my brother officer and me; if I would take a walk down to Prince's-street, Whitechapel, which she did, and said if we would stay a bit she would produce the pistols—we did, and she brought the pistols to us, and delivered them to me—this was in Haydon's-alley, Prince's-street, Whitechapel-road—she went there with us, and got them for us—Arnold was with me.

Q. Do you mean that the woman, merely on seeing you, volunteered to state that the basket was brought there, and the pistols, and that she would go and fetch them, without you telling her what you had come about? A. I did not put any questions at all to her, nor did I hear my brother officer do so—she had been down to the station-house, and seen her daughter after she was locked up.

THOMAS ARNOLD (police-constable H 127.) I was with Argent when he took Sarah Thatcher into custody—she denied all knowledge of the pistols at first—she is deaf, but I spoke loud enough for her to hear—she told me she knew nothing about them; but on Argent taking her down to the station-house, I heard her say that they were brought to her house, and she took them to a woman in Commercial-road—I asked if she knew the woman—she said she did not—she was locked up—I afterwards met with the mother, and told her it was a bad job for her daughter—she said it was and if I would stop a little while she would go and fetch the pistols.

Q. Then it is not true that nothing was said to her? A. I said it was a bad job for her daughter—I do not know whether Argent heard that—he was behind me—she brought the pistols, and delivered them to me, and said that her daughter brought them to the house.

Q. Did you say any thing to induce her to admit that she had them, and then to fetch them? A. She did not admit that she had them till I received them—she said she would go and try and find them for me—she did not say she had them—neither the young woman nor her mother said that they knew what was in the basket that was brought; but when the

old woman brought the pistols forward, she said the pistols were brought to her—she said they were brought in the basket, and she burnt the basket—she did not say that she had opened the basket—the young woman said she did not know what was in it—the elder prisoner said that she took the pistols out, and destroyed the basket—she mentioned this in the station-house in the presence of me and several others—I did not mention that before the Magistrate.

SARAH THATCHER— NOT GUILTY .

SOPHIA THATCHER— NOT GUILTY .

THOMAS REED— NOT GUILTY .

Reference Number: t18380129-617

617. JOHN NOWELL was indicted for a robbery on Isaac Finkleston, on the 29th of January, at St. Dunstan Stebonheath, alias Stepney, assaulting him, putting him in bodily fear, and taking from his person, and against his will, 17 watches, value 8l.; 2 ladles, value 14s.; 4 spoons, value 2l. 10s.;.; 1 1/2 oz. weight of gold, value 3l.; 8oz. weight of silver, value 1l. 15s.; and 1 pair of sugar-tongs, value 7s.; his goods; and feloniously cutting and wounding him at the time of such robbery.

ISAAC FINKLESTON . I live at No. 31, Nottingham-place, Mile-end—I am a dealer in jewellery, and attend sales—last Monday night, the 29th of January, I was going home with the articles stated in a bag—it was about ten o'clock—I carried the bag in my hands, over my arm, with the string twisted round my wrist, and round the mouth of the bag—I had got about fifteen yards from my house, and was talking to a woman, who I wanted to buy a pair of slippers of, when the prisoner came behind me—he said nothing, but pulled hold of my bag—I said, "What do you want of me?"—he said, "Give it to me"—I would not, and said, "What do you want of me?"—he took a knife out so quick, so clever, and cut it away—he cut the bag, not the string, and went away with the bag, leaving the string and part of the bag in my hand—he went away very quick—I hallooed out, "Stop thief," and ran after him, but could not go fast, as I had the rheumatism, and I fell down, and Sarah Burgess ran after him—I hallooed out, "My bag, my bag," and she said, "O the bag; the property"—I got up and ran on further, and saw the prisoner when I got to the station-house, when the rest of my bag and my property was produced to me—I knew it directly.

Q. Was your little finger cut when the bag was cut? A. I found it cut—the prisoner cut it in cutting the bag—I think I had seen the prisoner a few weeks before, in a public-house, but not on that night—I think I have seen him, at other times, when I went to a public-house—I think he is the same man that cut my bag—on my conscience and sense, I think he is the same man, because every body said he was the man—my things are worth 20l.—I had opened the bag, while I was at Cockburn's house that night, because I wanted to exchange a metal watch—I suppose the prisoner had followed me from there.

SARAH BURGESS . I am the wife of George Burgess, a mathematical instrument maker, and live at No. 16, York-street, Mile-end Old-town. A man, who works for us, brought home two pairs of shoes, and in consequence of something, I walked with him down Nottingham-place—I saw a man standing by the side of a wall there, about a yard before I got to him—the prosecutor was going along, and the man rushed out with great violence, caught hold of his bag, and said, " Give it to me"—the prosecutor

said, "Save my bag, mistress; save my bag"—I attempted to do so, but the bag was gone in a moment, and I was afraid I should be cut—the prisoner is the man who did it—he ran away—I ran very fast after him into Charlotte-street—I am certain he is the man—I was not a yard from him all the time he was running—I could have caught hold of his jacket—I saw him run away with the bag, and did not lose sight of him till he was taken, only the moment while he turned round the corner, and ran into the policeman's hands—there was no other man running in that direction—he called out himself, "Stop thief, stop thief," and I said, "That is the man, stop him, stop him"—he had hardly got any distance before he was stopped—there was a mob of people running, but he is the same man I followed from the beginning—I followed him from Nottingham-place, through Charlotte-street, just at the beginning of Whitechapel.

Prisoner. Q. What do you know me by? A. I am perfectly certain you are the person that cut the bag, and you are the man I followed—I only lost sight of you one moment, while you turned round into the policeman's hands.

Prisoner. She said in her deposition that I was the length of one street from her, and that she could not swear to me—I should like to hear it read.

COURT. Q. Is that your hand-writing? A. Yes—(looking at her deposition)—it was read over to me, and I signed it, and the same is in that as I have said to-day—(the deposition being read, stated, "I feel pretty sure he is the man, but I cannot swear it.")

Q. You hear that you expressed a doubt there that he was the man? A. I know he is the man, because I was not an ace from him—I could have caught hold of his jacket the whole of the way; and as he turned round the corner the policeman caught him in a moment—I have no doubt in my own mind that he is the man—I only lost sight of him just as he turned the corner, and the policeman caught him in a moment.

Prisoner. The policeman said I was walking behind him in a narrow street about five or ten minutes before the job was done; and the woman and man say I could not have passed them in the street without their seeing me—the prosecutor was as tipsy as he well could be. Witness. I do not think the prosecutor was tipsy—he had been drinking a little, perhaps, but was not tipsy.

EDWARD BLANEY (police-constable H 91.) I was on duty in Fieldgate-street, a little before ten o'clock, on the night of the 29th of January, and heard a cry of "Stop thief," in Charlotte-street, which is on a line with Fieldgate-street—I ran into Charlotte-street, and saw the prisoner coming up the middle of the street, running, and crying, "Stop thief"—there was nobody before him—he passed me, still crying, "Stop thief"—I turned back, and ran after him into Whitechapel—I lost sight of him for an instant, and when I turned the corner I found him in the custody of Argent—he had nothing when he passed by me—the prosecutor and the witness Burgess were following him—the prosecutor charged him with this directly he came up; and I thought he would have struck him with his stick—I looked about for the property, and found it in Charlotte-street, about twenty yards from Nottingham-place—the prisoner had run close by that spot—there was nobody running in the street, except the prosecutor and the woman Burgess.

ISAAC FINKLESTON re-examined. I lost my property in Nottingham-place, a very short distance from Charlotte-street.

SARAH BURGESS re-examined. He ran up into Charlotte-street, and passed where the property was found.

Prisoner. The policeman said I was walking close behind the prosecutor.

EDWARD BLANEY re-examined. That was another policeman, not me.

WILLIAM ARGENT (police-constable H 126.) On the 29th of January I saw the prisoner running out of Fieldgate-street into Whitechapel-road—Fieldgate-street and Charlotte-street are all in a line—he turned the corner, hallooing "Stop thief"—I secured him, and took him back into Charlotte-street—I met the prosecutor, who charged him with robbing him, and he denied it.

WILLIAM PARSONS . I am a policeman. On the night of the 29th of January I saw the prisoner six or seven yards behind the prosecutor, about ten minutes before the robbery—I came up Nottingham-place, and met them—I got round into George-street—I heard a cry of "Stop thief," and ran back into Nottingham-place, and met my brother officer with the prisoner.

MATTHEW COCKBURN . I am the son of Matthew Cockburn, and live in White Hart-street, Shadwell—On Monday the 29th of January, between seven and eight o'clock, I saw the prisoner at our house—the prosecutor was also at our house, at the bar—my father and he were talking some time about exchanging some watches—he showed his watches out of the bag, and put them on the counter—the prisoner was there standing in front, and could see what he produced, but I did not observe whether he was looking at them.

Prisoner. I have used the house two or three weeks, ever since I have been out of employment.

ISAAC FINKLESTON re-examined. My finger was cut, but I do not think he did it on purpose—it was cut with a knife, and was cut to the bone.

WM. PARSONS re-examined. I found no knife on him.

(Property produced and sworn to.)

Prisoner's Defence. I was coming past, and heard the cry of "Stop thief"—I ran along, with about twenty or thirty more, and sang out the same as they did, and the policeman stopped me—as for doing the deed, I did not—I came home in the Caroline about two months ago, and have been out of work ever since, but I did not do this—when the prosecutor came to the station-house, he said he could not tell it was me till they pressed him to say it was me.

ISAAC FINKLESTON re-examined. That is a story.

GUILTY of robbery only. Aged 21.— Transported for Ten Years.

Before Mr. Justice Vaughan.

Reference Number: t18380129-618

618. CHARLES CAIN was indicted for feloniously killing and slaying Lewis Handford, upon the high seas, and within the jurisdiction of the Admiralty of England.

MESSRS. BODKIN and DOANE conducted the Prosecution.

JOHN ASH . On the 1st of February, last year, I was cook on board the barque Kingston. I went on board at Liverpool—the prisoner was the captain—I knew the deceased Lewis Handford—he was the steward—the crew consisted of twenty or twenty-one—on the 2nd of March we sailed for the coast of Africa, and on the 17th of April we arrived at New Calabar—on the 20th of May we were at the Island of Baracoon, in the

Calabar River—that is about ten miles from the mouth of the river—the tide flows there—we carried about 300 tons—on the afternoon of the 20th of May, I observed the steward pumping some rum off—that was part of his duty—he came to me, and asked me to clean some candlesticks for him—he was going to get some tacks out of the cabin—he then left the deck, and went into the cabin—I afterwards heard the carpenter cry out for the Kroo boys to come to the cabin, and some of the native boys, who were also in the cabin, called out for them too—the Kroo boys are natives of the coast—full-grown men are called Kroo boys—I did not hear the captain say any other words at that time—the Kroo boys came out of the cabin, and at that time there were some other Kroo boys coming alongside in a canoe—there were three Kroo boys, four "pull-away boys," and the second mate—they came out of the canoe on to the deck.

Q. You have said the captain called for the Kroo boys to come, after that what did he do? was any thing said about the steward? A. Yes, he said, "Fetch this b—son of a b—on deck, out of the cabin; he has struck me in my own cabin"—three of the Kroo boys, named Walker, Gray, and "Bottle-o'-beer," then rushed into the cabin—I saw them fetch the steward out on deck, on to the starboard side, by the companion-door—the cabin is only two steps down from the deck—after the steward was brought out of the cabin, the captain came from the cabin—he followed the men on deck—he had a cat In his hand—a cat Is a stick with twelve tails attached to it—the stick is from eighteen inches to two feet in length, and about two-and-a-half-inches round—the tails are made of log-lines—it is a mere plain line made up very hard—the captain had one of these in his hand—I saw him strike the steward with the buttend of it on the head, and it knocked him down like a bullock—the captain then said, "Pay that black son of a b—, he has struck me in my cabin, he has catched me by the p—s and the throat, and tried to choke me"—he then said, "Lay on him, and kill him, a black son of a b—, kill him!"—the captain was addressing the Kroo boys, and the natives of the country, the boys who had been in the cabin—they had cats In their hands, and sticks and pieces of rope besides—pieces of lead-line, which it what they sound with.

Q. How came that in their hands? A. The captain ordered it to be cut up when they were flogging him—there were from twelve to eighteen flogging him at different times—he never rose from the deck after the captain knocked him down with the butt-end of the cat—they flogged him while he was down; and while they were flogging him on the deck the captain kicked him more than twenty times—he kicked him at his side, face, and head.

Q. Did the steward say any thing while this was going on? A. Yes, he said, "Oh Lord, I am a dead man," several times—that was while the flogging was going on—the captain came half-way forwards to me after that, and said, "Cook, you know something about this"—I said, "Captain Cain, I know nothing about it"—I told him I knew nothing about his and the steward's affairs—he then said to me, "Cook, you black son of a b—I I will shoot you."

Q. Was there any flogging after your hearing the steward cry out that he was a dead man? A. Yes—he was flogged till he was dead—the captain still remained kicking him—I did not hear the steward say any thing more—all I heard him say was, "Oh Lord, I am a dead man"—he said that three

or four times—I remained close to where the flogging was, standing on the starboard side, aft—the steward was dressed in a striped shirt, a flannel singlet, and a pair of trowsers, but the captain ordered the shirt and singlet to be torn off after the flogging had continued some time—they were partly torn off, and he said, "Never mind the son of a b—; kill the black son of a b—; flog him"—I am a native of the West Indies—the steward was an American born.

COURT. Q. In what state was he when they left off flogging; do you mean that the flogging continued till he was dead? A. Yes.

Cross-examined by MR. ATTORNEY-GENERAL. Q. And the captain standing by all the time, was he? A. Yes—he stood there from the time became on deck till the steward died, omitting once, when he came half forward, and said he would shoot me—he never went below till the steward was dead—that I am sure of.

Q. Had any complaint been made against you before the 20th of May? A. Yes, and I had been flogged—that was on the 2nd of May—it was on a charge that I was going to run away with the ship's boat—the steward and me were the only black men on board the ship, the only ones that sailed from Liverpool, but at Calabar several other black men joined in working the ship—I had no dispute with the captain after this respecting my wages—none whatever—I assisted a boy, named Lees, to do the steward's duty after the steward's death—I made no demand for that—I never made any demand for more wages than I had first agreed for.

Q. How long had the captain arrived at Liverpool before you made this charge against him? A. A fortnight I believe, or three weeks—I cannot say whether he was on board every day after the ship arrived there—I was not on board the ship but twice, and he was not to be found then—I knew where the owners resided—they are Messrs. Stevens and Horsfall—I knew where they were—I tried to find the captain after his arrival on the 2nd of January—I inquired at the office, and could not find him,—he was not to be found for two or three weeks after the ship's arrival—I made a complaint against him to the owners, Messrs. Stevens and Horsfall, on the 2nd of January—we arrived on the 1st of January, and I made a complaint to them the next day, and then looked out for the captain, but could not find him for three weeks.

Q. What was the length of time, according to your judgment, between the steward going down below to look after the tacks and the time he was brought on deck? A. From five to ten minutes—I did not hear any scuffle in the cabin when the captain came on deck—I observed a wound on his head—it was not bleeding much, not worth speaking of—it was bleeding—it was on the back part of his head—I did not observe any marks of fingers on his throat—I did not observe his throat, to see whether there were or not—he did not seem exhausted—he seemed very passionate—he seemed very fresh, as far as I could see.

COURT. Q. Do you mean he did not appear to you as if he had been ill-used; do you mean that? A. Yes.

MR. ATTORNEY GENERAL. Q. Were either of the Kroo men called Walker? A. Yes—he was one that flogged first—him and Gray—both of them laid on at once, and "Bottle-o'-beer" at the same time.

Q. Was there a boy at Calabar called Dogaboo? A. Yes—I saw him flogging the steward about the eyes—the captain was on deck at that time.

COURT. Q. Do you mean that the captain was present, and must have seen Dogaboo flog him about the eyes? A. Yes.

MR. ATTORNEY GENERAL. Q. Was there a boy who went by the name of Three-fingered Jack? A. Yes; and he had a stick, beating him—it was a heavy stick—I cannot say whether he gave the steward severe blows with it, but he was beating him all the time, every chance he could get at him—I cannot say where he hit him, but I saw him beating him.

COURT. Q. Do you mean the captain saw him do that? A. He was standing kicking him at the time—he was so near that he must have seen him.

MR. ATTORNEY GENERAL. Q. Will you swear that the captain had not gone below, before Three-fingered Jack struck the steward with the stick? A. He was striking him all the time—I never saw him go below till the man was dead—he did not go below—Three-fingered Jack struck the steward from the beginning, as often as he had a chance—the flogging continued three quarters of an hour, till he died—Three-fingered Jack had the stick, and was beating him with it all that time, whenever he had a chance.

Q. Were you not examined on this subject, when you were on board the ship? A. Yes—she was lying in the Calabar river at the time—Captain Hemmingway and Captain Dawson came on board at the time, and I was examined before them—there was no promise or persuasion made to me then, with respect to the account I was to give of it—there was no threat held out to me—I was desired to speak the truth—the account I then gave was taken down in writing, and read over to me, and I signed it—this is the paper—(looking at one.)

COURT. Q. Was Captain Cain present when you were-examined? A. He was walking backwards and forwards in his own cabin—I was examined in the main cabin—there are two cabins.

MR. ATTORNEY GENERAL. Q. What sort of shoes did the captain wear? A. They were strong shoes—the natives do not wear any shoes in that climate—the captain generally wore strong shoes—I cannot say whether he wore strong shoes that day or not, but he had shoes on—he generally wore strong shoes on the coast of Africa, when going on shore, and when he was on board, at times, unless he had on his slippers in the morning, when he first got up—generally speaking, he wore strong shoes on the coast of Africa.

Q. Have you ever said that the steward was not punished except in an ordinary way? A. Yes.

MR. BODKIN. Q. Was that taken down in writing? A. Yes.

MR. ATTORNEY GENERAL. Q. Have you not often said that he was punished in an ordinary way? A. No, not often—only once.

Q. When Captains Hemmingway and Dawson examined you, hady on not an opportunity of stating what you pleased respecting the transaction A. No, I had not, because I was in danger of my life from Captain Cain and the Kroo boys—the examination was better than a week after the steward's death, but I cannot exactly say how long—it might be a month—there had been no disturbance on board after the steward's death—no threat was held out to me.

COURT. Q. Why were you afraid then of stating this, if they had not threatened you, and there had been no disturbance? A. I was threatened before this—before the flogging—I was put in double irons, and chains round my neck, with a padlock to my neck, and was kept on deck all

night in the rain—that was on the 2nd of May—this happened on the 20th.

MR. DOANE. Q. Was that the reason why you were afraid to give the account? A. Yes—some of the crew made the charge at Liverpool before me—they made the charge the second day—I was examined before the Magistrate at Liverpool on Saturday week, this day fortnight—the only time that I said the steward was punished in an ordinary way was, then what I said was taken in writing by the two captains—they were the captains of two vessels which were lying near us at the time this took place—they were about a hundred or a hundred and fifty yards off us at the time—it might be a month after it happened that that inquiry was made by the captains—there were only those two vessels near as—they laid inside the harbour.

EDWARD JONES . I was shipped on board the barque Kingston—I remember the steward being flogged on Saturday afternoon, the 20th of May—I was cooper on board—the Haywood and the Ann were lying near the Kingston at the time—they are trading vessels—they were lying not above half a mile off, and there was the Snowden further off—Mr. Grant was captain of the Haywood, and Mr. Holme of the other—the Snowden was a barque—she had two or three captains on board, but her sailing captain was named Wylie—she was a good way up the river—there was no ship of war that I saw up the river, or at the bar—on the afternoon in question I saw the steward on deck—he passed me several times with water—he came to me for some tacks—I was on the starboard side—I did not give him any tacks—I did not sec him go into the cabin—I do not know what became of him after I told him I could not give him any tacks—about a quarter of an hour after he left me I heard a cry out from the cabin—I did not know whose voice it was till the captain came on deck—that was the first I heard, but I heard a noise in the cabin—it was a scuffling noise, as if the cabin was all in an uproar—I was seven or eight yards from the cabin, in the fore part—I did not see the captain come out of the door, but I saw him directly he came on deck—there was only me and the cook on deck at that part—I cannot say who was standing near the cabin door or steps when I saw the captain there—there was no white man there.

Q. What did the captain say when he came out? A. He said, "The black son of a b—laid hold of me by the * * * * in my own cabin"—I saw the steward dragged out of the cabin by three or four Kroo men—Walker, Gray, and Bottle-o'-beer, and as soon as the steward entered on deck, the captain knocked him down with the handle of the cat.

COURT. Q. Did you observe the captain's head when he came out of the cabin? A. Yes—he had a cut on his head, and it was bleeding.

MR. BODKIN. Q. Where did the captain hit the steward when he knocked him down? A. On the head—he had no hat or covering on his head—the handle of the cat was about the thickness of a man's wrist, about three inches in the round, and fifteen or eighteen inches long—the handle tapered off towards the end—I could not see which end he struck him with—after the steward was knocked down on the deck, the captain called for the carpenter, who happened to be forward, and he did not come, and the captain gave the cat to Walker, one of the black men—there were two more cats—I cannot say where they got them from, they got them so quick, and two more Kroo-boys began to flog him—I suppose the captain ordered them—he was standing by—he walked in a raging way, and gave the steward

several kicks—that was after the flogging had began; and then they got the lead-line out—I saw him kick him three or four different times about the head and neck—the captain ordered the lead-line to be got, and there were three pieces cut off it—they might be about three or four feet long—they were given to the natives of Calabar, not the Kroo boys, but other black men—Mr. Carr, the second mate, gave them to them—the captain was there, and ordered him to do so—he was walking about, and said, "Kill him out, kill him out, hit him about the head, kill the black b—out"

Q. Did you see any thing done to the dress of the steward? A. Yes, the captain ordered his shirt to be taken off, and it was taken off—the flogging continued after that—the steward never got up again—the black men's arms ran down with perspiration, with flogging him—he was quite dead when the flogging was over, and the carpenter put the handcuffs on—the carpenter was not there at first—he came when they commenced flogging him, and staid there all along—he put them on after he was dead—the captain ordered him to do so, and to put him down below—the carpenter put them on—he went and told the captain that he was dead—he then said, "Take them off."

COURT. Q. Could not the captain have seen whether he was dead, without being told? A. He never looked.

MR. BODKIN. Q. Where was the captain standing at the time the carpenter told him the man was dead? A. Just at the cabin-door—the steward was about four or five yards off, I believe—there are but two steps from the deck to the cabin—a person in the cabin could see what was going on on deck, on the starboard-side, the side the flogging took place—I saw the steward's body that night, and again next morning, when he was buried—I helped to put him in—we did not see his back—his body was not cut, but it was a complete swell as if it was all masticated—all about his body was completely swollen up—a complete mass of mash and blood—his face was completely swollen, and his eyes were kicked in.

COURT. Q. Do you mean as if it had been kicked? A. Yes—as if it had been kicked and knocked with ropes together—I could not understand what the steward said while he was being flogged—I do not hear very quickly.

Cross-examined by MR. ATTORNEY-GENERAL. Q. Are you hard of hearing? A. Yes—I was standing seven or eight yards off—sometimes I was nearer—I could hear what the captain said, but not what the steward said—the captain seemed in a terrible rage when he came on deck—he seemed hurt, and in a very exhausted way—he seemed to be out of breath—his head was bleeding, but I did not notice it bleeding much—there was a good-sized plaster on it the next day—I cannot tell how long he wore the plaster—I saw it on for a fortnight or more—I heard the scuffle down below in the cabin—I did not observe any marks on the captain's throat—he walked backwards and forwards, and I did not take that notice—the captain remained on deck from the time he came on deck till the steward died—I am positive he never went into the cabin—I do not know a Calabar-boy named Three-fingered Jack—there were some Calabar-boys on board with sticks.

COURT. Q. What sort of sticks were they? A. Canes—they were not big enough to do any mischief—not like English sticks at all—I saw them standing round with their sticks.

MR. ATTORNEY-GENERAL. Q. You did not see a Calabar-boy who went

by the name of Three-fingered Jack? A. No, nor any one that had a stick larger than the others—I did not hear the steward ask for a glass of water.

Q. Did you see him sit up at any time after the flogging was over? A. He was sometimes half sitting—he never sat up—the handle of the cat was three inches thick in the round, and it might taper off to about an inch and a half—I did not observe what kind of shoes the captain wore—when he did not go ashore he used to have nothing but slippers—he wore slippers on board—sometimes they were made of morocco—they were light slippers—the steward died during the flogging—any person who was looking on might perceive that he was dead—I perceived it—I saw him stretch himself out, and the captain was looking on—he was walking backward and forward—he must have seen it.

COURT. Q. You said something about stretching out? A. Yes; he stretched out, and never moved after, and he was flogged after that.

MR. ATTORNEY-GENERAL. Q. After it was clear and evident that he was dead, they continued flogging him? A. Yes, the captain being by—after it was clear that he was dead, the captain ordered him to be put in irons—they might give him a dozen lashes or so after he was dead—I could not see any movement whatever after he was dead—it was after that he was ordered to be put in irons—I was examined on this subject before Captains Hemmingway and Dawson.

Q. Were you not on that occasion desired to speak the truth? A. No; they told us to say what we knew concerning it—they did not hold out any promise, or make any threat—what I said was taken down in writing, and read over to me, and I signed it—this is the paper, with my signature to it—(looking at it.)

MR. BODKIN. Q. You saw the man stretch himself out, was it from that you concluded he was dead? A. He had not the least appearance of life in him after that—he stretched himself out as if he was dead, laying himself out—the captain was just on the larboard side, sitting down at the time—whether he saw it I cannot say—it was rather dark then.

COURT. Q. Then the captain was not in a situation to see him at that moment? A. No—I cannot say whether he was.

MR. BODKIN. Q. You say the captain generally wore light slippers unless he went ashore? A. Unless he went ashore, or on board some other vessel—if he had been ashore or on board any other vessel that morning it must have been very early—he had not been since eleven o'clock, for he had been on board—as far as I know, he had not been ashore at all—I cannot say whether he had light slippers or light shoes on during the flogging.

COURT. Q. At what time did the flogging take place? Between three and four o'clock in the afternoon, it might be,

MR. BODKIN. Q. At what time were you examined before the two captains, at night or day? A. At night, and I was half asleep—I was called out of my hammock—it was from ten to twelve o'clock at night—I was examined in the captain's private cabin—there are two cabins, a fore cabin and a main cabin—I was examined in the private cabin, where the captain slept—the captain was walking about in the main cabin at that time—they are both on one deck—he was in one cabin, and I was being examined in the other, but the door was open—they both join each other—the captain could hear all that took place in the course of the examination—I knew he was there when I was examined.

Q. At the time you were-examined were you under any fear? A. Yes—I was afraid of telling the truth on board the ship, because I had to come home in the ship—I had not had any quarrel with the captain—there was no quarrel between the captain and any of the people in the voyage home, only just what might be on board a ship—nothing to notice.

WILLIAM DODD . I was cooper on board this vessel. I remember on the 20th of May being at Calabar—between five and six o'clock in the evening of that day I heard a great noise in the cabin—after hearing that noise I saw Captain Cain come out of the cabin, and three Kroo boys—when he came out, the three Kroo boys brought out the steward—the captain had a cat in his hand, and when they got the steward out, the captain struck him on the head—I cannot say exactly where he struck him with the stump of the cat—he knocked him down, and he never rose again—the captain said, "He is a black b—to take me by the throat and * * * *, and throw me down in my cabin;" and "I will have your life this night"—the captain hit him several lashes himself with the tails of the cat—he then called to Mr. Carr, the second mate, to make some cats for the three Kroo men, Gray, Walker, and Bottle-o'-Beer—the mate made them, and they were given to the Kroo men—he cut them off the log-line—Captain Cain then ordered them to commence flogging him—they had not been flogging him before that—they did then flog him, the steward being down—the captain was by at the time—they were flogging him all the time, from beginning to end, until his death.

Q. Did the captain himself do any thing? A. He kicked him every time he got a chance, about the head and neck mostly—the steward had his shirt on—it was ordered by Captain Cain to be pulled off, and it was pulled off his back—after the shirt was off he told them to go on flogging—the steward said, "Lord, save me, I am a dead man"—the captain was on deck at the time he said that, and after he said it, the captain said, "You black b—, I will have your life this night."

COURT. Q. Then, according to your account, he used that expression more than once? A. Yes, many times.

MR. DOANE. Q. Did you hear the steward say any thing else? A. Yes, he said, "Lord, save my eyes"—there was a boy named Dogaboo, and every time he could get a chance to cut the steward, he was trying to cut him in the eye—the captain was by at the time—every time he called out.

COURT. Q. Do you mean the captain must have seen Dogaboo trying to cut him in the eye? A. He could not help seeing him, he cut him so often.

MR. DOANE. Q. Then he was cut in the eye? A. Yes—the captain did not say any thing when the steward said, "Lord, save my eye," to my knowledge—the flogging went on—I remained there till he died—the flogging went on till he died.

COURT. Q. Did you see him at the moment you judge he died? A. Yes—he turned himself on his face, and stretched his arms and legs to the greatest extent, and they still flogged him on his back—the captain must have seen that—he was there at the time—I observed his face and neck in the morning after—the neck and head was all in a jelly, and all of a thickness nearly—his eyes were closed—he was cut terribly about the eyes.

Q. Did the eyes project, or were they knocked in? A. They were rather out a little—they were not knocked into his head—I returned to

Liverpool with the vessel, and attended during her discharge, and did not see the captain on board then.

Q. When did you see him first on board the vessel, when she arrived? A. On Friday, the 19th of January—(she arrived on the 1st, and during those eighteen days I did not see the captain on board)—I went on a stage which a cask had been landed from, and I said, "Captain Cain, how are you, I hope you will shake hands with me now?"—he was taking off his glove to shake hands—I said, "Captain Cain, you must come now, for that man's life"—I called two policemen, and gave him into custody—the ships to which Captains Hemmingway and Dawson belonged were at Calabar before we were—we were in the river before the William brig—Dawson was the captain of that—the name of Hemmingway's vessel is the Snowden barque—they were not lying near the Kingston—they were lying higher up—the Haywood and the Ann were the nearest vessels—they were both nearer than the other vessels.

Cross-examined by MR. ATTORNEY-GENERAL. Q. Where were the Ann and Haywood In June? A. In the river—I cannot say whether higher or lower than us—the Haywood had moved from the place where it was on the 20th of June—I do not think the Ann bad—when it was found that the man was dead, I was sent to the Ann for the doctor—that was after he was dead—he died under the lash—they continued to lash him for a few minutes after he was dead, and after he was dead, Captain Cain ordered him to be put in irons, when anybody might have seen that he was dead—there was no movement whatever in him—it was plain he was dead—the captain seemed quite in a passion when he came on deck—he seemed much exhausted—the blood on his head was very-trifling, not a great deal—it was running down his neck—there was a good deal of it—I cannot say exactly how much—it was not such a very great deal—I had heard a scuffle in the cabin—it might last five or six minutes—the steward was a strong, well-made man, remarkably stout—I believe the captain got his wound dressed the same night, but I did not see it dressed—the captain did not go down into the cabin to have his wound dressed before the steward was dead.

Q. Do you recollect being examined before Captains Hemmingway and Dawson? A. Yes—they desired me to tell what I knew about the transaction—they did not offer any reward, or throw out any threat about my speaking the truth, but I durst not tell the truth because the captain was a cruel man to others, and I thought he would be the same to me—he had never hurt me nor struck me either before nor after.

Q. Do you mean to say that the captain absconded on his arrival at Liverpool? A. There was a boat came alongside, and he engaged it, and just as we got round the Dock he got into it, and before the ship came to anchor he left it—it was then in charge of the pilot.

Q. Is it not usual for a captain to go ashore to meet his owners as soon as he arrives? A. I have seen them go before—it is usual for captains to remain in the ship to see her discharged, and to attend the vessel during her discharge.

Q. Is not that the duty of the chief-mate? A. It is the duty of both—I have seen them both do it—it is not the captain's place to attend the delivery of cargo.

COURT. Q. Did you not say he never came on board from the time he

left her, before she came to anchor, till the 19th? A. If he was on board I never saw him.

MR. ATTORNEY-GENERAL. Q. On the 20th you went before the Police-Magistrate at Liverpool? A. Yes—I remember immediately after going before the Magistrate being in company with Gove, the boatswain—a man named John Jones was not there to my knowledge—I do not know a man named John Jones—I was in company with the boatswain at the spirit vaults in Exchange-street—Gove and I were-examined before the Magistrate separately—I do not know whether we were at the spirit vaults after we had been examined—I did not say to the boatswain, "What did you say on your examination?" not to my knowledge.

Q. Did the boatswain reply to you that he had said that the captain flogged the steward on such a day? A. He told me he knew he had flogged him on a certain day—I do not recollect saying that I had said the very same—I recollect the boatswain did say that to me.

Q. Did you not say, "I said the very same, and we must both speak alike?" and that you would go any length, any distance, and at any price, to hang the b—b—? A. No, I did not—I said I would go before any Court of Justice to tell the truth upon him—that is all I said—I did not say I would hang him at any price—when I was examined before Captain Hemmingway and Dawson, what I said was taken down in writing, read over to me, and I signed it—this is ray signature—(looking at it)— they desired me to tell all I knew about it.

MR. DOANE. Q. How long have you been engaged on board vessels? A. I went first to sea ten years ago last January—I have never had any quarrel with the captain—I have been with the prisoner ten months this voyage, and never had any quarrel with him—the captains did not threaten me with any thing when I signed that paper, but I was afraid if I told all I knew about his kicking him, that he would do something bad to me.

WILLIAM GOVE . I was boatswain on board the Kingston. I remember the evening the steward was flogged—I first saw the Kroo-boys drag him out of the cabin, by the captain's order, and bring him on deck—the captain was there at the time—I did not see him do any thing before the flogging commenced—I was by the larboard fore-rigging, on the opposite side of the vessel—I did not notice whether the captain had any thing in his hand—the steward was out of the cabin, and on deck, when my attention was first called to him—he was down on the deck when I first saw him—I heard the captain order the Kroo boys to flog him, which they did with cats, lead-line, and rope's ends—I saw the captain kick him constantly with his feet, any where, where he could get handiest at him, and at the same time that they were flogging him.

COURT. Q. How often did the captain kick him? A. I cannot say how often—I saw it more than twice—I should say three times, but I cannot say he kicked him constantly; whenever he could get a chance—I should say he kicked him four or five times—I do not know where.

MR. BODKIN. Q. Were the men that were flogging him about the man at the time? A. Yes—I could not see in what part the captain kicked him—I cannot tell what shoes the captain had on—he used to wear slippers at one time, and shoes at another—he had not left the ship that day, to my knowledge—while the flogging was going on, I heard the steward beg for mercy—he said, "Forgive me this time, captain, and I shan't fall into any

fruit again," or words to that effect—I cannot exactly mention the words, as there was such an uproar in the ship—I suppose they had been flogging him twenty minutes, when he said that—the captain said, "Flog the black b—, I will have his life"—I did not hear the steward say any thing else—the flogging continued until he died—the captain was there till he died—I saw there was no life in him—he was not moving, and the captain ordered irons to be put on by the carpenter—the carpenter said it was no use putting irons on a man that was dead—the captain said, "Never mind the irons; heave a bucket of water over him, and see if there is any life in him"—the steward's shirt and singlet were taken off, after they had flogged him a little while—that was by the captain's orders, I suppose—the doctor was sent for after the steward's death—what passed about the irons was after the flogging had ceased—no white man assisted in the flogging—we were all white except the steward and cook, and the Kroo men—they did not belong to the vessel—they did not come from England—I never had any quarrel with the captain in my life—I have been following a seaman's life twenty-eight years—I never sailed with him before.

Cross-examined by MR. ATTORNEY GENERAL. Q. Had you had words with the captain before the steward's death? A. No—not further than sometimes he might find fault with me—he had found fault with me before the steward's death, of course, and after—I never was flogged—I had been very ill of a fever for a fortnight before the 20th of May—I was not confined to my hammock at the time of the steward's death—I returned to my duty on Tuesday.

Q. Have you ever said you were confined to your hammock? A. We have said several things—we could not exactly tell the truth before we came before the Justice in England—we were not allowed to tell truth, for fear of our lives—I was sick at the time.

Q. Have you not said you were sick at the time of the flogging? A. Not at the present time I have not—I may have said I was in the hammock occasionally, but not at the time of the flogging—I will not swear it, because I might have said so, but I was not in my hammock, and I can bring proof I was not—I may have said I was—if I had been in my hammock, I could have seen the manner in which the steward was flogged.

COURT. Q. Do you mean, if you had been in your hammock, you could have seen it from your hammock? A. I could.

MR. ATTORNEY-GENERAL. Q. You could have seen all you describe? A. I could, and hear all I have said, if I had been in the hammock, for the hammocks are all on deck—I am certain I was not in the hammock—the doctor from the Ann came to see me, but not on the day the steward was flogged—there was no doctor belonging to the Kingston—the doctor of the Ann did not pay me a visit on the day the steward was flogged—I have never said so—I recollect the day on which I was examined before the Magistrate at Liverpool—I saw Dodd on that day, in Court, before the Magistrate, and out of Court also—I was not in his company after I had been examined, further than having a glass of ale with him, after I had come out of Court—Edward Jones was there—I do not know a man named John Jones, a builder of Liverpool.

Q. Were you at the spirit-vaults, at the George Inn? A. I do not know whether it was the George Inn or not—it was a spirit-vaults, close by the Exchange—Dodd was along with me—I had no conversation with Doddespecting the evidence I had given before the Magistrate—I did not

know what he said before the Magistrate, and he did not know what I said—I do not recollect his asking me what I said on my examination—I will swear I have no recollection of it—I cannot swear he did not ask me, because I do not recollect his asking me about the Magistrate at all—I did not tell him what I said to the Magistrate—I did not say any thing to him about the evidence I gave before the Magistrate—he did not say, "We must both speak alike"—he did not say to me that he would go any length and distance, and at any price, to hang the b—b—not in my hearing—I have heard him say he would go before any Court of Justice to tell the truth—I do not know how he came to say it—we frequently talked about Captain Cain—I had not been trying to recollect the evidence I and Dodd had given before the Magistrate—I do not know such a person as John Jones—I should not know him if I were to see him—he did not invite me into a public-house—I do not recollect what I drank there—I think it was a glass of ale, or spirits—I remained in the public-house about ten minutes—I did not converse during that time at all with Dodd respecting the evidence I or Dodd was to give before the Magistrate—I was examined before Captains Hemmingway and Dawson.

Q. Did they not desire you to tell all you possibly could about this transaction? A. We told all we possibly could, but we were not sworn to tell all we knew—they told us to tell all we knew—what I said was taken down in writing, and read over to me, and I signed it—this is my signature—(looking at it.)

MR. BODKIN. Q. You say you were not in your hammock when this happened? A. No—I may have said I was in my hammock, but I was not—I cannot say when I said it—it may have been when I was examined before the captains—it might have been at that time, but when I was examined by them I was sick of a fever, and was called out of my cabin to be examined—I did not tell the captains I was in my hammock, to my recollection—I think it was about mid-day that I was called out of my hammock to be examined—I was examined in the cabin—the captain was not there—he was walking in and out occasionally—he was not there constantly—I was under fear at the time I was examined—I was afraid of being threatened with a flogging, as I have been before.

COURT. Q. Do you mean you had been threatened before to be flogged? A. Yes, by the captain, both before and after the steward was flogged.

Q. Are we to understand you that the fear of being flogged induced you to say what was not true concerning the transaction? A. Yes.

MR. BODKIN. Q. When the vessel arrived at Liverpool, did you remain on board? A. No—I do not remember, after being examined before the Magistrates, any one asking me to go into a liquor-shop—(John Jones was here called in)—I recollect seeing that person at Liverpool—I saw him in the open Court, and saw him down stairs—I recollect being in a liquor-shop—I saw him there along with many others—he asked me to go to a public-house to drink a glass of ale—I did not know him before—he was quite a stranger—what he said to me was, that he had a boy on the coast of Africa, and he felt much interested in it, and asked if I knew the ship—I said I did not; he then asked me to go and take a glass of ale—I do not remember whether it was before or after I was examined before the Magistrate—I still say I never had any conversation with Dodd about the evidence I have given—I do not remember whether it was in that liquor-shop that Dodd said he would go before any Court to speak the

truth, but he has said so—we were not longer in the spirit-shop than while drinking a glass of ale, and coming out.

Q. Do you know whether Can, the second mate, is since dead? A. Yes; he died after the flogging, on the 26th of May, I think.

JACOB WITT . I am a native of Russia. I was carpenter on board the Kingston—I remember the day the steward was flogged—I first saw him as they dragged him out of the cabin—I saw him down on the deck—the captain came after him—I did not hear him say any thing at that time—I afterwards heard him say, "Flog him; the black son of a b—caught me in my * * * in my cabin"—I saw the Kroo men flog him—there were four stout men, besides small boys—he had his shirt and trowsers on—the black men pulled off his shirt—the captain ordered them to do that—they flogged him after that, all of them, and the captain kicked him with his foot in the side—I saw him do so more than twice—once in the side, and somewhere in the head, at the same time, as the men were flogging him—I heard the steward say, "Captain, forgive me this time"—the captain was there, so as to hear that—the captain sang out, "Kill, kill the black son of a b—; flog him dead"—they struck him over his head and breast, and wherever they could get at him—they flogged him for between half an hour and three quarters—he then called me to put the man in irons—after they had flogged him that time, the captain ordered me to take the irons and put them on—I lifted both his hands up, and they were quite stiff and cold—I fastened the hands with an iron, and went and told the captain that the man was dead—he was near the cabin door, and the nan was lying about eight feet from the cabin door—when I told the captain the man was dead he said, "Never mind the irons on the feet"—he did not say any thing else to me then he—ordered water to be heaved on him by some of the black men—he told them to* heave water on him to enliven him—the captain had been on deck all the time of the flogging.

cross-examined by MR. ADOLPHUS. Q. Did you see the steward go into the cabin before any thing had happened? A. No, I was too far off—I did not hear any thing going on—I was forward, and could not hear—the captain came on deck after the steward, and called him a black son of a b—the steward was out of the cabin first, and the captain made the observation, and said what he had done—the steward did not answer—one side of the captain's head was bleeding, and the blood was running down—the captain ordered them to flog him—he was down on the deck when the people were flogging him—some were holding him, and some were flogging him—he turned on one side, then the captain kicked him, and then he turned on the other side—(I shipped in England—I cannot tell how many white men there were on board—I did not count them altogether—they were all white men except the steward and the cook)—I did not tee the captain go down to get his head attended to, when the blood was running—I was close to the steward the whole time he was being flogged—I saw and heard all that happened—Dogaboo was not a Kroo boy—I cannot tell whether he was a Calabar—I cannot tell whether he was in the ship all the time we were getting out the cargo, and getting in another—he is not a Kroo man.

Q. Was there another man of colour, called Three-fingered-Jack, on board? A. I never heard that name—I was on board when the two captains came from the other ships—I was brought before them to be examined—they were on board all day, till late at night, examining some of us

—I do not know about the time, as I was sick—I think I was examined in the forenoon—I was desired by the captains to state the truth of what I knew of the matter—they made me no promise or threat—nobody threatened or promised me any thing, but I was very sick and could hardly speak—(looking at a paper)—this is my handwriting—this is the paper I signed—I was told to tell the truth—I was very sick, I spoke as much as I could, but I was frightened of speaking more, knowing he could use me bad in coming the voyage home—I do not know who the captains were that examined me—they were two gentlemen.

(MR. ATTORNEY-GENERAL addressed the Court and Jury on the prisoner's behalf and called the following witnesses.)

JOHN JONES . I am a joiner and builder, and live at Liverpool. On the 20th of last month I saw the witnesses, Dodd, and Gove the boatswain, there, under the archway of the Police Court—I had heard Captain Cain was to have an examination that day, concerning something that occurred in the African trade—I have a son in that trade—I was coming by on my own business, and seeing these two men, I turned in, and said to them, "Is Captain Cain's examination over?"—I had seen the boatswain before, and have occasionally met Captain Cain—two or three times within three years—Dodd said they had just been giving evidence against the b—b——I asked them some questions about the Bonnington, which is the vessel my son is in—Dodd said he should like a glass of grog, but he had no money—I said I would treat them as they said they had no money, and I went with them to a public-house and treated them—I heard Dodd say to Gove, "What did you say in your evidence?"—Gove answered that he had said that the captain had flogged the steward on the day mentioned—they agreed on the dates—one of them replied, "I said the very same"—the other observed, "We must both speak alike, I would go any length, any distance, and at any price, to hang the b—b—," and he knocked his hands down at the time—they quite agreed in that observation—the cook repeated the words twice, that he would hang him at any price.

MR. BODKIN. Q. Your son is apprenticed to the African trade? A. Yes, on board the Bonnington—she is a ship from Liverpool—Maxwell and Co., of Liverpool, are the owners—I wanted to know whether the Kingston had brought any news of my son—she had been in the harbour perhaps a fortnight or three weeks when this conversation took place—I had called at Maxwell's, and saw the cash-keeper, and they had no news—they said they supposed the letters had been lost—the last time I saw Captain Cam in Liverpool was last February, twelve months ago.

Q. Did not you go into the Court where his examination was going on? A. I went in, but it was a private hearing, and I walked out again—I did not see Captain Cain there—I did not go into the Court for the purpose of making inquiries about my son—I had been to pay some money, and just coming past it just struck me at the moment—from what I had seen of the prisoner I considered him a very respectable person—it was after I had offered to treat these men that they made use of the expression I haft mentioned—I saw some of them under the archway of the Court, and it was there they made use of the expression, before we went to the public-house—I heard Dodd call the captain a b—b—before I offered to treat them, but from what I had heard stated, I did think it was a cruel act, and I would have treated them at all events—I had heard of it—it was in the papers—

I had not seen any of the crew of the Kingston—anybody could go there who pleased.

Q. Why not go on board during the three weeks and inquire? A. Because I made inquiry of the clerks of the house, and they had told me there was no news—the reason I did not make inquiry on board the Kingston was, the captain of the Bonnington's wife and my wife are very intimate, and she sends us news—the Bonnington Is abroad.

Q. Why not go during the three weeks and make inquiry of the crew? A. Ships come in every day, and it would not do for me to go and inquire every day.

Q. How many other persons were in the public-house? A. The barmaid was in the next room—there was no one in the room where this conversation took place—I mentioned it at the Castle inn, which is a respectable house, where tradesmen meet—it might be about ten days ago—it came out in conversation in the house—I never expected to be called here about it—I named it in the company of several gentlemen three or four days after.

Q. Why not go and find your former acquaintance, Captain Cain, and tell him? A. I had no right to inform him—I did not get any information about my son from these two men—I did not go to the Kingston to make inquiry about my son.

MR. ADOLPHUS. Q. When a vessel comes into the dock are the crew discharged, and the vessel put under the care of lumpers to discharge her? A. Yes—if I had gone to the vessel I might not have found any of the crew there—I had no reason to suppose I should have heard any thing by going on board—if there had been a regular advice from the Bonnington the captain's wife would have told me—I thought these men, coming from Africa, might know something about my son—the language they used it too frequently the common language of seamen.

COURT. Q. When a vessel arrives and the crew are discharged, though the captain does not remain, is not some officer belonging to the vessel left there? A. The chief mate is.

MR. ADOLPHUS. Q. You have been asked when you gave information of this, did you merely inform a personal friend of your own of it, or the attorney for the prisoner? A. It was common conversation at the inn, and I knew nothing of it till I was sent for last Tuesday or Wednesday—I had never seen any of the professional advisers of the prisoner.

GEORGE MARMADUKE LEES . I am seventeen years old. I was brought up at the Blue-coat-school at Liverpool, and am apprentice to Mr. Horsfall, the owner of the Kingston—I sailed with Captain Cain—on the day this occurred I was in the part of the cabin called the shop, or store-room—the captain told me to tell the steward to pump some rum up quick—the steward did so, and I went back to the shop again—the steward afterwards came down into the cabin—I asked him what he was looking for—he said, "Some tacks, to nail the tin over the bung-hole of the puncheon"—there was a little Calabar boy helping me at my work, and in consequence of some remark he made to me I looked towards the steward, and saw him put the stopper into the decanter, and put it on the sideboard—the decanter had rum in it—he then went on deck—Captain Cain immediately came down, and in consequence of what he said to me, I told him what I had seen the steward do—the captain ordered me to go and call the steward down—he came down, and I returned to work at the shop—when the steward

went into the cabin, I heard the captain say to him, "What were you doing among the decanters?"—the steward said, "Nothing."

Q. Is it not usual, when any of the persons on board the ship address the captain, to say "Sir" to him? A. Yes—the. steward did not say "Sir"—he merely said, "Nothing," in a saucy manner—the captain said, "You have been drinking out of the decanter"—the steward said he had not—he did not use the word "Sir" then—he did not address the captain as "Sir" during the whole conversation, and his manner was saucy all the way through—the captain said, "Will you tell a barefaced lie to my face?"—the steward said he did not tell a lie—the captain then took up a cat that was alongside the chest, (where it usually was, as the blacks are rather fond of stealing things on board,) and struck him across the shoulders three or four times—the steward then seized him by the knee with his right hand, and by the throat with his left, and said he would be d—if he would be imposed upon, he was a hard-working man—his right hand was at the captain's knee, but he shifted it to his * * * *, and lifted the captain up, holding him in that manner—the steward was a very strong, vigorous man—he then threw the captain down on the chest, and as he fell his bead knocked against the handle of the door—the key was in the key-hole, and it cut his head, and I observed it bleeding very much at the back part of the head, just above the ear, on the right side—the cut was about the size of two joints of my fingers—the steward kept hold of him by the throat, and his right hand also was still in the way I have described, while he was down, and he had his head against the captain's head to keep him down.

Q. When the captain was grasped in this manner by the throat, was he able to speak? A. No—I observed him struggling to try to speak—he was able to get part of a word out—I heard him say, "Kroo," and I went on deck, and called the Kroo boys—I supposed it was the Kroo boys he wanted from that—they were on deck—Walker, Gray, and Bottle-o'-beer came down, and Jack the pilot (not Three-fingered Jack)—I and Jack tried to pull the steward off the captain, but could not—I caught hold of him by one of his legs—Gray laid hold of his head at the same time, and Walker and Bottle-o'-beer laid hold of his body—we were all pulling at him together, and we succeeded at last in making him let go, and pulling him off—I exerted as much strength as I had, and it appeared to me that the others did the same—we got him off directly we all got together—I observed the captain's throat, and there was the print of the steward's hand on it where he had held him—when the captain was relieved he was not able to speak at first, he was gasping—I spoke to him, but he could not speak to me—he was exhausted—I afterwards went upon deck, and saw the steward lying abreast of the cabin-door—when the captain went on deck he mentioned what the steward had done—he told all hands that he had attacked him in his own cabin, and told them the way in which he had done it—there was a little boy called Dogaboo on board—he and the steward were not friends—Dogaboo thought the steward did not give him enough to eat, and he had some dislike to him—the captain ordered the steward to be flogged—he told the Kroo boys to get the cats and flog him, and while they were flogging him, Dogaboo took hold of one of the cats by the lashes and struck the steward across the eyes with the handle of it—it appeared to me to be a violent blow—the steward hallooed out, "Oh my eyes," directly after being struck.

Q. Now, during this, did you ever hear the captain desire any of the

men to kill the steward? A. No—not the whole time—he said, "Pay him well," using violent language—he appeared to be very angry—the flogging lasted about twenty minutes at the most—the captain was not present all the time—he went into the cabin to wash his head—his head was streaming with blood—there was a great deal of blood—the captain did not knock the steward down at any time—I went down stairs with the captain when he went to wash his head—when I went upon deck again I beard Walker say, "Look at that fellow, that be him that killed the steward," pointing to Three-fingered Jack— he is a black man, a native of Calabar.

Q. How long might you have been below deck with the captain, do you suppose? A. I cannot say—not five minutes—about three or four—I had observed the steward when I was going down, and at that time I can take on myself to say that he was alive—he was rolling about—I saw the shoes the captain had on, they were small shoes, thin soled shoes.

COURT. Q. You know what slippers are; they were not slippers? A. No.

MR. PHILLIPS. Q. It is a very hot climate, I believe? A. Yes—the captain had had those shoes three voyages to Africa before—they are thin soled shoes—not exactly pumps.

Cross-examined by MR. BODKIN. Q. Do you remember going before the Magistrate at Liverpool? A. Yes—I was taken there on the part of the prisoner, and was examined at very great length—I was bound over to appear as a witness here—I left Liverpool on Friday to come to London—I came with Mr. Stathen, the attorney for Captain Cain—I have been living at Wood's Hotel, Holborn, since I have been in London—Mr. Stathen went to the same hotel—he went away on Sunday night, and left me there—Mr. Currie came, and staid there after he left—I do not know whether he is his partner—I was there the first two or three days of this week—I did not know that the Sessions began on Monday—nobody told me that—I have come here to-day for the first time during this session—this is the first time I have been told to come here—I have done as Mr. Currie told me.

Q. When you came up out of the cabin after the steward was taken on. deck, did you not find him lying down on the deck? A. No—he was kneeling down—the Kroo-boys had hold of him—I went out of the cabin before the captain, and stopped when I got to the steps, and then the captain went on forward—the cabin is very nearly on a level with the deck—only three steps down—you can see every thing that takes place on deck, from the cabin-locker—I stopped at the steps for the captain to go on, and I followed him on deck—I stopped by the captain on the starboard side of the steward—the captain was quite close to the steward some times, and at other times a distance off—he told them to pay him well, using violent language—he called him a black son of a b—, and to pay him well—I saw the lead-line brought and cut up—the captain ordered it to be cut up—it was cut into small pieces about two feet long, to make into a cat—they whipped the ends of them, and tied a piece of twine round the ends to keep them from becoming unravelled—the twined end was the end they struck with.

Q. How many men. did you see flogging the steward? A. Six at one time, besides the captain—he was standing by—he was there when. Dogaboo struck the steward over the eyes—whilst the men were flogging the steward, I saw the captain kick him—whenever he could get a chance, he

kicked him—I did not notice where he kicked him every time—he kicked him on the head, and on the face—I cannot say whether he kicked him on the neck—he did on the body—any part he could get at—it did not matter what—that was whilst the men were flogging him as I have described.

Q. Did you cry? A. The tears were in my eyes to see the man getting ill-used so.

Q. Was not the captain on the deck when hand-irons were ordered to be put on the steward? A. Yes, I think he was, but I cannot be sure to that—he ordered them to be put on, and at that time the steward was dying, if not dead.

COURT. Q. Do you mean you thought he was dying, if not dead? A. Yes.

MR. BODKIN. Q. Were you examined by the captains about a month after this? A. Yes, by Captains Hemmingway and Dawson, about two weeks, or so, after—it was not a month.

Q. Now, have you not said that you and all the rest of the men were afraid to tell the truth when you were-examined by the captains? A. Yes, and that was so.

MR. ATTORNEY-GENERAL. Q. Did you or the captain first come on deck? A. The captain, and I was close alongside of him—if he had struck the steward with the butt-end of the cat, and knocked him down, I must have seen it—he did not knock him down, nor strike him with the butt-end of the cat at all—the Kroo-boys knocked him down before the flogging began, and held him down, but he was not knocked down by the butt-end of the cat—he made an attempt to go into the cabin again, where the captain was—he was very violent.

Q. From what you saw, did it appear to you that the captain was in danger from him? A. Yes; I observed the marks of his five fingers on the captain's throat, and his face was a blue colour—Walker was the first Kroo boy that flogged—he was striking, and the others were holding him—five of them were flogging at the same time—Walker, and Bottle-o'-beer let him go a bit, and then they flogged him again—they took his shirt and singlet off, and then let him go for a time.

Q. Before you went down with the captain, what injury did it appear to you the steward had received? A. He was nearly killed before I went down—he could just roll about, but he could not sit up—that was before I went down into the cabin with the captain—the captain got his head dressed—his head was not bleeding much at that time—the blood was getting very hard—I was washing his neck.

Q. When you were below, did the captain see what was going on on deck? A. No; he did not seem to look—he could not see what was going on on deck, from where he was.

COURT. Q. Could you tell from the noise on deck that the beating was going on? A. Yes; any one could hear that.

MR. ATTORNEY-GENERAL. Q. Did the beating continue till you went on deck again? A. No; they had given over before we got on deck again—Three-fingered Jack was on deck when we returned—he was not there when we went below—I did not see him—he is a Calabar-boy—I heard the steward call for some water before I went below, several times.

Q. Was the captain aware that he had been much hurt when he ordered him to be put in irons? A. I do not know—the captain was in such a

great passion—I heard the order given to send for the surgeon of the Ann to see if he was dead.

(Several respectable witnesses gave the prisoner an excellent character for humanity and good conduct.)

GUILTY . Aged 29.— Confined Two Years.

NEW COURT.—Saturday, February 3rd, 1838.

Fifth Jury, before Mr. Sergeant Arabin.

Reference Number: t18380129-619

619. GEORGE BOSWELL was indicted for embezzlement.

MARK MANN . I am a newsman and stationer, and live at No. 14, Sberrard-street, Golden-square. The prisoner was my errand-boy—it was his duty to receive money on my account—debts for newspapers, which I sent out daily and weekly—I have daily customers—he was to receive of both daily and weekly customers—if he received money he was to give it to me directly he returned—I had a customer of the name of Faulkner.

ALFRED SMITH FAULKNER . I take my papers of the prosecutor—I owed him 13s.—I paid that to the prisoner—I think it was on the 28th of December—he gave me this receipt—(read)—he gave me that at the time—it was about nine or ten o'clock in the morning.

MARK MANN re-examined. The prisoner has not accounted to me for this—a boy that lived in the same situation told me of it—the prisoner had not left my service—I asked him about it, and then he confessed to it—I made him no promise—he said he took it, and was very sorry for it—he has been in my service about eight months—I have no wish to punish him, as he behaved well before.

GUILTY . Aged 15.—Recommended to mercy by the Jury and Prosecutor.— Confined Six Weeks.

Reference Number: t18380129-620

620. JOSEPH NATHAN was indicted for stealing, on the 31st of January, 2 sheets, value 14s.; and 2 shirts, value 12s.; the goods of Joseph Albert Tunks.

ELIZABETH TUNKS . My husband's name is Joseph Albert Tunks—he is a German, and lives at No. 9, May's-buildings, St. Martin's-lane—he works in Hungerford-market—I keep a ladies' wardrobe. I had two sheets and two shirts lying on the counter, about twenty minutes to eight o'clock, on the 31st of January—I was in the back parlour, and heard the latch of the door open—the front shop door was then shut—it was opened gently—I looked out, and saw the prisoner put his foot against the door, and keep it open, while he took these things off the counter—I will take my oath he is the same person—when he had taken the things he stooped down—I threw my baby on the bed, and hallooed, "Stop thief"—he ran and shut the door—I ran out, and a gentleman said, "Has he got a white bundle?"—I said, "Yes"—I ran down Bedfordbury, and he dropped the things—I took them up—I am sure the prisoner is the man—he was brought back in five or six minutes after I returned home—I had no one at home—I knew him immediately, and have not the least doubt he is the person—here is my property—it was dropped in the street, and here is the mud on it now.

Cross-examined by MR. DOANE. Q. Do you mean to say you saw distinctly the person who opened the door? A. Yes—the parlour is four or five yards from the door—there is no glass in the door between the parlour and the shop—the pane of glass was out—I can swear this is the man that was in the shop—he was taken by the police—I had gone back to my house—I did not see him taken, and I do not take it for granted that he is the man that was in the shop because I saw him in custody—I saw him take the things off the counter—I did not see him drop them.

DANIEL DAVIDSON . I am a boot and shoemaker. I and my wife were crossing Chandos-street—we heard a cry of "Stop thief"—I left my wife and ran after the prisoner—I overtook him by the coach stand—he ran to one of the cabriolets, and got into it—I closed the door upon him, and kept him there till the policeman arrived—he had dropped the linen before I heard the alarm.

Cross-examined. Q. He dodged you about? A. Yes—I am sure I did not catch the wrong man—there were others running, but I got before them, and saw the prisoner get into the cab.

JOHN LANDER (police-constable A 99.) I saw some persons running down King William-street, and Davidson shut a person into a cab—I took the prisoner there—he was very much out of breath—I had not seen him running.

(Lazarus Woolf, of Monmouth-street, dealer in clothes; James Alien, Whitechapel, bootmaker; and Moses Lazarus, No. 25, Cutler-street, general dealer; gave the prisoner a good character.)

GUILTY . Aged 24.—Recommended to mercy by the Prosecutor.— Transported for Seven Years.

Reference Number: t18380129-620a

620. THOMAS JOSIAH GILLINGHAM was indicted for embezzlement.

MR. PRICE conducted the Prosecution.

WILLIAM EVANS . I am an oilman, and live in the Strand. The prisoner was in my employment in the month of March last, as commission traveller, and from August, 1836—in the same capacity during the whole time—receiving a commission on the goods which he sold, but no per centage on the money which he received—it was an understanding that the commission should cover that—I wrote to Mr. Emery about the middle of January, demanding payment of money due from him—I did not get the money—I had a conversation with the prisoner about Mr. Emery's account—he told me that he should be sure to get it the following journey—that was in the month of April last year—his account of monies received on the journey was rendered about the 5th of April—he was to have brought it back, or remitted it—it was his business to have accounted for it when he returned home—I am not aware of any thing else particular occurring—there was a conversation which I cannot speak to—I gave the prisoner no order to write to Mr. Emery—I did not give any further order to the prisoner on that occasion—the prisoner made no proposal—he said he should have the money on the next journey—he rendered this account to me about the 5th of April, as near as I can say—(producing it)—I did not instruct any professional gentleman at Hastings to write to Mr. Emery—this account is the prisoner's handwriting—these sums are stated to have been collected on that journey, for goods had previously—they were due some time

before—I received several other accounts from the prisoner, of monies collected during that journey—the name of Mr. Emery does not appear on my of them—at that time 10l. and some odd shillings were due to me from Mr. Emery—he keeps the Castle Hotel, at Hastings.

Cross-examined by MR. PHILLIPS. Q. How long had the prisoner been employed by you? A. He came in August, 1836, and continued ever since—his father is a solicitor, I was given to understand, but it is not true, he is a solicitor's clerk—he is not now so, because he is out of a situation—I will not swear that he is not a solicitor, but he has been recently a solicitor's clerk—he called on me before this young man was taken into custody—I think I saw him twice before the prisoner was taken—he asked me for an account of the monies that were deficient—he did not ask me for an account as to how matters stood between me and the prisoner—I have paid him a little over his wages—I have not gone into his account, but I do not think I owe him a farthing.

JAMES EMERY . I am an hotel-keeper at Hastings. I paid the prisoner some money in the month of March, on account of Mr. Evans—I think it was 10l. 2s. 6d.—it was 10l. and odd—the amount was 13l. and odd, but some goods were returned—this is the receipt he gave me—(producing it.)

JUST to WILLIAM EVANS. Q. Was there a settlement with you and the prisoner of the commission on the 5th of April? A. Yes, and I have the account in my pocket—I think it was settled in the month of April—I settled all his accounts up to Christmas.

COURT. Q. Here is a commission on 52l. 11s. 2d, was all the commission for the journies paid up to the end of that journey? A. The whole was paid up—there might have been a balance owing to him, but very little.

(The prisoner received a good character.)

GUILTY . Aged 40.—Recommended to mercy by the Jury,— Confined One Year.

Reference Number: t18380129-622

622. JANE EDGE was indicted for stealing, on the 1st of January, 1 coat, value 8s.; 1 printed book, value 3s.; and 1 pair of trowsers, value 2s.; the goods of Charles Thomas Sowter.

CHARLES THOMAS SOWTER . I am a french-polisher, and live at No. 10, Seymour-place, Camden-town. I lost the trowsers on the 23rd, and the coat and bible on the 24th, from the room where I sleep, which is the back kitchen—the prisoner is a stranger to me—I do not know how she got the things—they have been found—it is a lodging-house, and the door is sometimes left open—this is my coat, and trowsers, and bible.

WILLIAM JAMES SMELLIE . I am a pawnbroker. I have these things—the, trowsers were pawned by the prisoner.

ELIZABETH BLYTHE . I was in the room with the prisoner where she lodged—she let her pocket fall, and I saw her work it under the bed with her foot—I told the policeman of it when he came.

JAMES CHAPPELL (police-constable S 89.) I took the prisoner, and found the duplicate in her pocket—she acknowledged it was her pocket.

Prisoner. I beg for mercy.

GUILTY . Aged 46.—Recommended to mercy by the Prosecutor.

Reference Number: t18380129-623

623. JANE EDGE was again Indicted for stealing, on the 23rd of January, 1 cloak, value 3s.; 1 whittle, value 6s.; and 1 saw, value 2s.; the goods of Hannah Barbara Weller .

HANNAH BARBARA WELLER . I am single, and live at No. 10 Seymour-place. This cloak and saw I lost from the back kitchen, and the whittle from the up stairs room—the prisoner was in the habit of cominig to see the people in the front kitchen—the property is found—it is mine.

WILLIAM JAMES SMELLIE . I am a pawnbroker. I took in this saw from the prisoner.

JAMES CHAPPELL . The duplicates were found in the prisoner's pocket—they are for a saw, a cloak, and a whittle, which are here.

GUILTY . Aged 46.— Transported for Seven Years.

(There was another indictment against the prisoner.)

Reference Number: t18380129-624

624. ROBERT MARYON was indicted for stealing, on the 5th of January, 2 shillings, the monies of William Henry Smith, his master.

MR. PAYNE conducted the Prosecution.

WILLIAM HENRY SMITH . I keep the Old Hicks Coffee-house, at the corner of King-street and Frith-street, Soho. The prisoner was twice in my employment—he first came to me in the latter end of May, 1836—I took him from his friends from school—he remained at that time till the latter end of January, or the beginning of February—he came again on Friday, the 13th of June, 1837, and continued up to the 19th of January last—he was a bar-man, and confidential youth—it was his duty to receive money for the things sold at the bar—on the night of the 4th, when I went to bed about one, or half-past one o'clock, as my general custom is, I counted every farthing of money I left behind me in my two tills, which are about two yards apart—I left two silver sixpences in each till, and about a shilling's worth of coppers in each till, with the addition of a few pence more—it may be 2d. or 3d. more—I could not say to a few coppers—I left no more in the bar that night, but I left, on the marble slab at the back, 2s. counted in coppers—that was the whole—the amount of the monies left in the tills was not five shillings—the money on the slab is always there—it is stationary there—the money consisted of four silver sixpences, and the remainder in copper—then were two silver sixpences in each till, and about a shilling's worth of copper in each till; and there might be a few halfpence more—that was the whole of the money in the tills—I did not leave any shillings in the tills—it is the prisoner's usual custom to go to bed at ten, or half-past ten o'clock—he went to bed, I may say, two hours before me that night—I went to the tills again the following morning, from eight to half-past eight o'clock—it was not nine o'clock—I found the same money, with the addition of a few coppers extra—there was no more silver—only the sixpences that I left the previous night—I again examined the tills after I sent him to breakfast, about nine o'clock—I found the money I left on the slab exactly the same as I left it—it had been there for days and weeks.

Cross-examined by MR. PHILLIPS. Q. You found the money on the slab, in the morning, exactly as it had been there for days and weeks? A. Yes—I can make no mistake about that—I have considered my answer, and give it upon full deliberation—there were two sixpences in each till, and a shilling's worth of copper in each till, with the addition of a few halfpence extra, and on the slab the 2s.—I have always said so—I mean to

swear it—I mean deliberately to swear it—there is no mistake about it—I expect only what is right and just—that I swear—there were two shillings' worth of coppers on the marble slab—I said so from the first time I came into the Court—I have said what money was in the tills, and what money I left on the marble—I have always said so—I did not mention it to Sir Frederick Roe.

Q. Did you ever say that the whole was under 5s.? A. What I left in the tills I confined it to the tills—I said that the money I left in the tills was under 5s., and 2s. in halfpence on the slab—I do not think I mentioned the coppers on the marble slab before the Magistrate—I do not think I said any thing about the money on the slab before the Magistrate—the prisoner came down soon after seven o'clock, and had his breakfast a little before nine o'clock—his usual business was to clean the counter-tops, and serve customers—he was in the shop when I came down, soon after eight o'clock; and it was after he went that I examined the tills—not in his presence—I got some information from a woman named Gee, about the prisoner, on or near the morning of the 16th—she did not tell me at all—she told my wife, on the 16th—she kept an account of the day of the month.

Q. When did she tell yourself? A. My wife told me the same day—I lad some conversation with the woman on the morning I discovered this robbery, the 5th of January—Gee came to me then, and I had no doubt who committed this robbery on the 5th of January, as she told me of it—the prisoner remained in my service after that till Friday, the 19th of January—I kept him from the respect I had for him and his friends—he was enrusted to my care, that was the reason I kept him—I can conscientiously wear that—I never mentioned, between the 5th and 19th, to any of the boy's friends, that he had robbed me—I continued to leave him in his place trust till the 19th, occasionally watching him—I always watched him—did not mention to himself that he had robbed me on the 5th—I did before he left me—I do not know whether it was on the Friday—his warning was not out.

Q. Upon your oath, did not the boy leave you in indignation because you accused him? A. No—I called those people who had accused him before his face, and mentioned it to him—that was not the woman Gee—I did not say that it was the woman Gee told me on the 5th, and that was the day he robbed me—Gee told me she had paid the prisoner 2s.—she told me that on the 5th of January; and on the 5th I discovered the robbery—I gave the boy a character when he left me—it was from the good feeling I had, and having brought him up in the way I had done, and taught him the business—I could not tell his friends, and I thought the best I could do was to recommend him to some other person, which I did—Mr. Rivers asked me for his character—he lives in White Lion-street, and is a respectable tradesman, I believe—the prisoner was going to a place of trust, I believe; but it is no rule because he robbed me that he should rob others—I heard, from information I received from respectable Persons, that he had been robbing me. for some time—I got that information, on the morning of the 16th, from my wife—there were three persons—they came to me—it was before I got this information that I gave him the honest character—I cannot say on what day I gave him the character—I believe it was Wednesday—it was before he left me—I called him into my presence before the person I gave him the character to—the gentleman asked me how soon I could part with him—I said I would leave it to himself—the prisoner gave me the notice to quit—

I cannot say the day—I really cannot say the day—I think it was on Wednesday—I really cannot say what day it was—he quitted me on Friday afternoon—I will not swear it was not on Tuesday that he gave me the notice—the gentleman came on Wednesday or Thursday evening—it was before Mr. Rivers came to ask the character of the boy that he gave me notice—it was after I had seen Mr. Rivers that the three respectable people came to tell me he had been robbing me to a great extent—I cannot say the day of the month—he had not left me—I then went to Mr. Rivers, and told him—I swear that—it was before he took him into his service, I went to Mr. Rivers myself—my respect for the boy's friends had ceased after I found he had robbed me to such an extent—about half-past one o'clock on Friday I saw him do what was not proper, at my counter—I got up, gave him a box on the head, and sent him out of the house directly—I have a second public-house—I asked the prisoner to go and live there——that was before I gave him the box on the head—the day Mr. Rifen came to me, I said, "Why cannot you go to the other house and live with me, as well as go to Mr. Rivers?"—that was on Wednesday or Thursday—it was the day before he went—these people came to tell me he bad robbed me to a great extent on the Tuesday or Wednesday before the Friday he left.

Q. Now, as you must have heard from the three people on the Tuesday or Wednesday, that he had robbed you, why did you not tell Mr. Rivers when he came? A. It was after I saw Mr. Rivers I made this discovery—it was on Tuesday I allowed him to go and seek for a situation—I think it was on the morning previous to his leaving that the three persons came—I cannot say to the day, but I think it was—I have sworn he left me on Friday—the morning previous to that would be Thursday—i said that on Tuesday or Wednesday the three people came—I cannot say the day indeed—it was a day or two before the boy quitted me that these three people came—I cannot say to the day—I kept him after that for the respect I had for him—I did not go and tell Mr. Rivers till after he was in the station-house—he never went to Mr. Rivers—he was taken to the station on Saturday night—it was not on that Saturday night that I went to Mr. Rivers—I went to Mr. Rivers on Sunday—a day or two before he left I had discovered he had robbed me to a great extent—on Friday he left, and on Saturday night he was in the station-house—on Sunday I went to Mr. Rivers—I did not give the boy a good character on that very Saturday—I gave him no character at all on Saturday—I mean deliberately to swear that—no gentleman called about his character on Saturday, upon my oath—I told a person on Saturday, that from the great respect I had for the boy I had previously given him a good character.

Q. Did you say, at ten o'clock on that Saturday night, that you had given him an excellent character? A. I was not at home at ten o'clock—I did not say so between eight and eleven o'clock—I am sure of that—I might have said on Saturday that I had given him a character to get a place.

Q. Did you say on Saturday night that you had discharged him and given him an excellent character, and he had got another place, and was going to it on Wednesday? A. I cannot call to my mind whether I did on Saturday night—the policeman told me he was in the station-house—there was a gentleman with him who asked me if I had lost any thing, and I said, "Not to my knowledge"—they took me at a moment when I did

not know what I was about—I was not twice deliberately asked the question, and I did not twice deliberately deny it—when the policeman come into my house, he said, "Have you lost a cash-box containing any money; have you lost any money?"—I said, "No, not to my knowledge"—he did not ask me if I had lost 5l. 10l. 15l. or 20l., to my knowledge—I said, "I believe I have not lost any thing to that amount"—he did not—I told the officer that I did not know, to my knowledge, that I had lost any thing.

Q. And that after you had been told by three respectable people that he had been robbing you to a great extent? A. I said that to the officer—after I had given that answer, the officer told mo he had taken this boy into custody with a good many sovereigns on him.

Q. Did you not then say, "No doubt he has been robbing me?" A. Money is not my object in prosecuting—I did say that he had previously robbed me—I did not say that till the officer told me there was money found on the boy—I wished to protect the boy—I had previously wished to screen him from any thing he had done to me, and then the, officer put it blank to me—I did not tell the officer he had robbed me till he told me there was money found—I denied it when the officer came to fetch me, and said he was in custody—I did not say, "No doubt he has been robbing me, and I will go and recognise him"—the officer begged me to go directly—I said I would go with the officer—I went to the boy's lodgings, at the house of Mrs. Mary Ann Dickens, on Sunday morning, about half-past ten o'clock—his box was searched by the officer and myself—there was a bottle in the box—I said I would swear to it—I afterwards declined to do so, but I found when I got home that my wife had given it to him—I declined to swear to it before I left the house, or saw my wife, from motives of my own—I knew the bottle came from my shop; because I have so many like it—my good feeling towards the boy made me decline swearing to it on the spot—that was on the Sunday alter I had told the officer that he had robbed me—I did not say on Sunday morning, "I have no charge whatever against him"—I said I would not make any search—the officer was searching his box—I did not say, to my recollection, after the bottle was found, "I have nothing against him"—I believe I did not say so before the policeman and the prisoner's aunt—I cannot recollect saying those words—I do not think I did.

MR. PAYNE. Q. Was it when you first got into the room and saw the bottle that you swore to it? A. Yes—it was a small green bottle, worth about 2d.—my observation about it was, "Oh never mind that, pass it over"—I have known the prisoner about two years next May—when the officer first came on Saturday I was very busy in my house—the house was full of customers—I think it was half-past nine o'clock—the officer said, "Your name is Smith, I believe?"—I said, "Yes, it is"—he said, "Have you not a barman who you discharged lately?"—I said, "Yes, yesterday afternoon"—he said, "He is taken to the station-house, and we are waiting for you, and you must come directly, before he is locked up, as he has been found in company with an old man with a great deal of money found on him"—he did not mention what amount at the time, but he asked me if I had lost a cash-box containing a quantity of sovereigns—I said, "I never had a cash-box, therefore I could not have lost it"—he asked me if I had been robbed of a large sum of money—my reply was that I had not been robbed, to my knowledge, of a large sum of money at once—I think that ended the conversation till I got on my coat—I am sure I said, "A

large sum of money at once"—I said, "This is a very mysterious case, I will not go without a friend"—I asked a friend in my parlour to go with me—I said I had a very great respect for the youth, and I went with the officer to Bow-street with my friend—when I got there I found the boy arraigned before the bar, on the left of the old man—there was some money produced on that occasion in a box—I was taking stock at the time the prisoner left me—in the last six months I have been a loser of from 100l. to 140l.—the prisoner never went to Mr. Rivers—on the Friday I was sitting eating my dinner in the small parlour with my door open, my wife was at the counter, and I saw the prisoner hastily put his hand into his pocket, and he drew a pint of beer for half a pint, and gave it for 1d.—I jumped up and gave him a box on the head, and sent him out—I did not make any memorandums of dates—I speak from recollection—it was before I had this information from these people that I gave the character to Mr. Rivers—I was really desirous to screen the boy as much as possible—Mr. Rivers is a publican—I have no doubt about the money I left in the till on the night of the 4th, nor about the money I found in the till the next morning.

Q. At the time when you stated to the officer and the other person that you had not been robbed of a large sum at once, did you know of any specific instance except the 2s.? A. From what my informants had told me—the prisoner's wages were 15l. a year—he had 1l. 9s. 6d. when he went.

GEORGIANA GEE . I am in the service of Mr. Redding, of Frith-street, and was so on the 5th of January. I went to Mr. Smith's bar for half a pint of brandy a few minutes after eight o'clock that morning—the prisoner served me—I paid him two shillings.

ELIZABETH DABBS . I was in the service of Mr. Smith. I was not in the bar on any occasion on which Gee came—I was up stairs in the bedroom—I did not come down before she went away.

Cross-examined by MR. PHILLIPS. Q. Were you at Bow-street? A. Yes, and was sworn.

NOT GUILTY .

Reference Number: t18380129-625

625. ROBERT JOHNSON was indicted for embezzlement.

MR. PHILLIPS conducted the Prosecution.

JOHN HOLLINGSHED . I am clerk and cashier in the furniture department of the bazaar, in Baker-street—the sole proprietor of it is Mr. William Boulnois, junior. I know the prisoner—he was one of the salesmen there, and had his regular wages every week—it was his duty to attend to customers, to take orders, see that they were attended to, and receive money occasionally—each salesman was furnished with a card, and on that card the name of the salesman was written—it was his duty to bring any money he received to me, as cashier—I know Mr. Lewis, Mr. Lyttleton, and Mr. Downes—I did not receive any sum from the prisoner on Mr. Lewis's account on the 15th of September—on the 2nd of November I received from him 100l. on Mr. Lewis's account—the prisoner said it was not convenient for Mr. Lewis to pay the whole of his bill at that time, but he would pay the balance about Christmas—on the 12th of January he brought me 25/., and said that Mr. Lewis had just passed through the bazaar in a hurry, and had given him that sum on account—I have since ascertained that the amount of Mr. Lewis's bill, by some alterations and some deductions that he made, was 154l. 14s., and of that I received

125l.—I have not received from the prisoner the balance due on Mr. Lewis's account—on the 4th of November the prisoner paid me on account of Mr. Lyttleton 115l.—there was 215l. 5s. 5d. due from him—the prisoner said Mr. Lyttleton would pay the remainder about Christmas—on the 20th of January he brought me 25l., and said Mr. Lyttleton's butler had just called and given him that 25l. on account; that Mr. Lyttleton was very ill, and could not call, but he expected he would call in the middle of the next week, and pay the balance—I had been pretty active about the premises that morning, but I thought there was a possibility of the butler being there and my not seeing him—I went to Mr. Lyttleton's house the same morning—I was told he was not at home—the prisoner was given into custody on the Monday following—there was 75l. 10s. due on Mr. Lyttleton's account—I have not received that of the prisoner—Mr. Dowries owed six guineas and a half—I have not received that of the prisoner.

Cross-examined by MR. PAYNE. Q. In what capacity do you act? A. I am the cashier and principal clerk—I do not hire the other persons—that duty lies principally between the manager and the proprietor—Mr. Druce is the manager—the prisoner had 2l. a week, and he was to keep up the appearance suitable to a respectable man—I have been informed he has a wife and three children—I am not aware that Mr. Boulnois has any partner—there was no account whatever kept between the prisoner and me—it was the duty of persons receiving money to bring it to me immediately.

BENJAMIN LEWIS . In the course of last year I purchased furniture, to the amount of 149l. 145., at the basaar, in Baker-street—the prisoner attended me as the salesman—in September last he applied to me for payment—I had expected credit till the end of the year—I paid him 50l. by a cheque of ray own—I afterwards sent him an appointment to come and be paid, and I paid him 99l. 14s. on the 3rd of November—that balanced my account—I did not pay any thing to the prisoner on the 12th of January.

WILLIAM THOMAS LYTTLETON . I have been a magistrate of a British settlement abroad for a considerable time. I purchased some furniture at the bazaar in Baker-street, last Autumn, to the amount of 215l. 5s.—the prisoner attended me as salesman—I paid the prisoner one or two days after they were received, which was on the 3rd or 4th of November—this is the receipt he gave me—(producing it)—I did not send my butler to pay him any sum, nor did I pay him any on the 20th of January.

JOHN DOWNES . I purchased a chair at the bazaar in Baker-street on the 18th of October, and the next day it was delivered, and I paid for it to the prisoner—it was 6l. 16s. 6d.—I have the receipt for it—(producing it)—I remember the proprietor of the bazaar afterwards applying to me for the payment, and I showed him the receipt.

THOMAS CHARLES DRUCE . I am the manager of the bazaar. The prisoner was employed there—he had 100l. a year—it was considered quite an equivalent for his services—the salesmen have from 100l. to 200l. a year—if the prisoner had deserved more the proprietor would have given him more.

Cross-examined. Q. When did he come into your employment? A. I should suppose about a year and a half since—I engaged him, and had a good character with him—I receive instructions from Mr. Boulnois—there is no other person concerned with him in the business.

(MR. PAYNE. I am instructed by the prisoner to state, that he was somewhat in embarrassed circumstances, not receiving so much salary as he ought; and, in an evil hour, he appropriated these sums to his own use, in hopes of being able to make them up, that his employer might not ultimately be deprived of it.)

GUILTY . Aged 29.—Recommended to mercy by the Jury.— Confined One Year.

Reference Number: t18380129-626

626. JOHN MURRAY was indicted for stealing, on the 31st of January, 1 watch, value 3l., the goods of Thomas Emmett.

HARRIETT EMMETT . I am the wife of Thomas Emmett, a watchmaker and jeweller, on Holborn-hill. On the 31st of January I was in the little back parlour adjoining the shop, and saw the prisoner in the shop, with his back to the counter—he asked our lad for something, and while he was gone to get it, and our other young man was engaged with a customer, the prisoner reached out his left hand, took something, and put it into hit pocket—I went into the shop—I knew there had been three watches in a particular place, and I saw there were but two—I said to the young man, "He has taken a watch, I am sure"—the prisoner then pushed by me and the young man went to the counter, put down a watch, and mixed it with the other two.

Cross-examined by MR. BALLANTINE. Q. Has your husband any partner? A. No—our back parlour is not more than three yards from the shop—I could not hear what the prisoner asked the boy for—the prisoner was standing with his back to the counter when he took the watch, to have his eye on our young man—I am quite sure there were only two watches when I looked—there had been three, and the others were removed by the prisoner taking one—there was a small scale drawer on the counter where they were placed.

BENJAMIN BULLEN . I was serving in the shop—I called the attention of the boy to get the prisoner the article he asked for, which was a whistmarker—I saw the prisoner standing with his back to the glass-case—Mrs. Emmett came into the shop and looked where the scale-drawer was—she hastily went to the door and called my assistance to her—the prisoner passed by me and Mrs. Emmett very quickly, went to where the scale-drawer was, and said, "Here is the watch"—his hand had been in his great coat pocket, and he placed his hand on the counter.

Cross-examined. Q. Might not one of these watches have been shoved out of the way by his attempt to get at it? A. I think not—it was on a square of glass, and there was nothing on it but the small scale drawer, and these watches were behind it—I was not able to see them behind the scale-box till I came round—I did not see them at all till I was called.

THOMAS BLAKE . I am in the prosecutor's service. I was sent round to the window to get a whist-marker—I gave the prisoner four of them—they would be 6d.—he gave me a shilling, and was going out, not waiting for his change—he was leaving the shop, when Mrs. Emmett came and accused him of this—I saw him rush by, and place the watch on the counter—I saw him do that—I had observed the three watches on the counter before that, and when I looked again they were in a different position.

Cross-examined. Q. You do not mean to say you saw him take the

watch out of his pocket? A. Yes—he took his hand out of his pocket, and the watch was in it.

GUILTY . Aged 25.— Confined Six Months.

Reference Number: t18380129-627

627. HANNAH SULLIVAN and MARGARET TEER were indicted for stealing, on the 23rd of January, 123/4 yards of ribbon, value 5s., the goods of John Hawes Swann; and that the said Margaret Teer had been before convicted of felony.

ANN CHAPMAN BAILEY . I serve in the shop of my master, Mr. John Hawes Swann; he is a hosier and haberdasher, living at No. 127, Goswell-street. On the 23rd of January the two prisoners came to the shop, at six o'clock in the evening—they came in together, and Teer asked for some satin ribbon—I showed them some—Sullivan bought some first, and then Teer bought some, and while she was doing so Sullivan took ibis piece out of the drawer—it is twelve yards and three quarters of gauze ribbon—I saw her take it out of the drawer and put it under her cloak—after Teer had bought a piece they went out of the shop—they walked out, and I told Mr. Swann, who was in the next room—he immediately followed them, and they were brought back—they are the same persons.

Cross-examined by MR. PAYNE. Q. Did I understand you to say that it was after Sullivan took the ribbon that Teer bought some? A. Yes—I was standing behind the counter, which it about a yard wide—I was opposite them, and looking at them—Sullivan put the ribbon under her cloak with her right hand—she brought her hand out again—I let Teer buy some ribbon, and suffered them to go out, and then I told Mr. Swann—I did not challenge Sullivan with it—I thought it Vas best to tell Mr. Swann—I did-not call him before the prisoners went out—we had suspected Sullivan of stealing before, and had consulted a policeman the night before, and he told us to let them get outside of the shop—my mind was impressed with the idea that something would be taken when they came in—Sullivan took it, and they walked out of the shop—Mr. Swann was in the next room at tea.

WILLIAM SWANN . I was at my brother's on this evening the two prisoners were in the shop, and directly they were gone the witness came and told us they had stolen a piece of ribbon—I and my brother went out—they crossed the road in a hurry, quite in a run, the moment they saw us—my brother followed them, and brought them back—they were very willing to come back into the shop—he asked me to fetch a policeman—I went out but did not succeed, and when I came back they were gone to the station-house—I went into the show-room and spoke to my sister—she requested me to go into the street, and about thirty yards from the prosecutor's shop I picked up this piece of ribbon, standing on its end in the dirt.

Cross-examined by MR. PAYNE. Q. Do you call this ribbon? A. I am not in the line—my brother is—I am a carpenter—the prisoners ran across the road—I was as near to them as I am to you—I followed my brother—he followed them across the road—he requested them to come tack, and I went for a policeman—when I came back without one they were gone.

JAMES WAITS (police-constable G 89.) I took the prisoners into custody.

JOHN HAWES SWANN . I was at home at this time. I was informed of what had passed, and pursued the prisoners—they saw me and my brother—they were only on the step of the door—when they saw me they went about two houses and then ran across the road, and separated—Sullivan attempted to run into a green-grocer's shop—I caught hold of them both and requested them to come back.

Cross-examined by MR. PAYNE. Q. What do you call this? A. Ribbon—it is gauze ribbon—that is the name by which it is known in the trade—the prisoners came back very quietly when I asked them.

(MR. PRENDERGAST, on the part of Teer, stated that there was no proof that she had ever been in the shop before—that on this occasion she only went to purchase an article, which she did, and might not have known what was done by Sullivan.)

HENRY WILSON , (City police-constable No. 34.) I produce this certificate of the prisoner Teer's conviction which I got at Mr. Clark's office—(read)—she is the person who was tried and convicted.

SULLIVAN*— GUILTY . Aged 20.

TEER*— GUILTY . Aged 18

Transported for Seven Years.

Reference Number: t18380129-628

628. MARY CHALLIS was indicted for stealing, on the 30th of January, 2 sovereigns, and 1 half-sovereign; the monies of John Lee.

JOHN LEE . I live at Chelsea, and get my living by labouring. On the 30th of January I lodged in George-street for one night—the house is let out in lodgings for men—I had two sovereigns and a half wrapped up in a piece of paper in my watch pocket—I went to bed about half-past eleven o'clock—I do not think the prisoner lives in the house—I had put my trowsen on the top of the bed, over against the wall—one side was close to the wall, and there I put my trowsers—in the morning I saw the prisoner with my trowsen in her hand—I cannot exactly tell the time—it was daylight—I asked her what business she had with them—she said she was going to throw them on the bed, as she saw them on the floor—I do not know whether she slept in the room—there were three or four beds there—I did not get up till near twelve o'clock—I then missed my money—I went out to inquire where she lived—I was two or three hours before I could find out, and they said she was. not at home—I went for a policeman, and saw one just by the Compasses, in Grosvenor-row—I took him to the house, and gave her into custody—the policeman, found one sovereign and a half in her hand, in the piece of paper which they had both been; and she had most of the other sovereign in silver in her pocket—I am sure it was the same piece of paper.

WILLIAM PACK (police-constable B 71.) I went and found the prisoner—I have known her before as a common prostitute, for three years, her husband is a very respectable man, residing at Chelsea-market, and allows her a maintenance—I found one sovereign and a half in her hand, in this piece of paper—she was so obstinate she would not allow me to search her—a female searched her.

MARY CORNISH . I am the wife of a policeman. I was sent for to search the prisoner—I found a 5s. piece, three half-crowns, and one shilling in her pocket, and 6 1/2 d. in copper.

Prisoner. It is my first offence—I leave it to the mercy of the Jury.

GUILTY . Aged 52.— Confined Twelve Months.

Reference Number: t18380129-629

629. THOMAS WILLIAM LAYTON and JOHN TOOMEY were indicted for stealing, on the 28th of January, 1 sixpence, 1 penny, 1 halfpenny, and 1 farthing; the monies of Mary Matilda Underhay, from her person.

JAMES BROOK (police-constable L 118.) On Sunday last, the 28th of January, I was in St. James's Park—there were a great many people skaiting—I saw the two prisoner's in company—I saw the prosecutrix—I saw them both push into the crowd, and get behind her—Lay ton pulled her gown up as high as her pocket, and they both went away—I asked the prosecutrix if she had lost any thing—she felt, and said she had—I then took Layton, and called another officer to take Toomey—I found on Layton 1l. 18s. 103/4d.—in four separate pockets.

Cross-examined by MR. PRENDERGAST. Q. Did you not find out that Layton's father had had a fire at his house the night before? A. I heard him tell the Magistrate so—I do not remember whether he said it was the night before—I did not search Toomey—Layton stated that a half-sovereign and two half-crowns belonged to his father, and the other money belonged to the other prisoner, and had been given him to mind.

CHARLES BURGESS (police-constable L 31.) I was on duty there—I saw the two prisoners in company—I saw them leave the back of the prosecutrix; and when they got a short distance I saw Layton give Toomey something—the prosecutrix came and said, "I have lost 73/4.;" and as soon as I got Toomey's hand open, I found 73/4d. there—I found 2s. in his pocket at the station-house.

MART MATILDA UNDERHAY . I was looking at the skaiters—I had 73/4d. in my pocket—I did not feel my pocket picked; but when the officer spoke to me I felt, and it was gone—I had a silver sixpence, one penny, one halfpenny, and one farthing.

Cross-examined. Q. What are you? A. I work at needlework, and life at No. 13, Greencoat-row, Westminster—I was looking at a sailor that was skaiting there.

MR. PRENDERGAST called

THOMAS LATTON . I am the prisoner's father—I had a fire last Sunday morning, between one and two o'clock—I had two girls in the room, and got them out almost smothered—I gave this boy some money that was on the mantel-piece—he went to the Park between twelve and one o'clock—that was the last time I saw him. (The prisoner Layton received a good character.)

LAYTON— GUILTY .—Aged 15 Recommended to mercy by the Prosecutrix.—

TOOMEY— GUILTY .—Aged 15 Confined Three Months.

Reference Number: t18380129-630

630. JAMES SKELLEY was indicted for stealing, on the 29th of January, 1 handkerchief, value 2s., the goods of William Wilson, from his person.

WILLIAM WILSON . I attend a gentleman in Furnival's Inn. I was walking in Newgate-street, last Monday afternoon—I received information, and saw the prisoner walking swiftly from me—I saw my handkerchief in his hand—I felt and missed my handkerchief, and pursued the prisoner—the Person who was with him tripped me up into the mud—I got up and pursued,

and took the prisoner with my handkerchief on him—this is mine—(looking at it)—I gave him into custody.

GUILTY .* Aged 22.— Transported for Ten Years.

Reference Number: t18380129-631

631. CHARLES BRETT was indicted for stealing, on the 2nd of February, 2 1/2 oz. weight of silk, value 5s.; the goods of Phillip James Chabot, his master.

SAMUEL ELVIN . I am in the service of Philip James Chabot; he is a silk and worsted dyer—the prisoner worked there—on the 2nd of February he came into the room where I was, saying he wanted some tobacco—he went to his coat, and took something out of his trowsers pocket, which I supposed to be a handkerchief—it was something yellow—he looked at it, and put it into the coat pocket—I took an opportunity of seeing what it was, and found it was 2 1/2 oz. of silk—this was about twenty minutes to eight o'clock—I told my master, and about twenty minutes to nine o'clock he was going to breakfast—my master told me to follow him, which I did, from the dye-house in Fashion-street, as far as Spitalfields-church, when I took him—the officer took the silk from him.

Prisoner. It was impossible for you to see me take this out of my pocket—it was hanging to my button when I went into the room—I did not want any one to see it, and I was determined to hide it a moment till I got an opportunity of getting to the parcel which it belonged to, and I had no opportunity of doing so—when I went to ray breakfast I thought to get back in time to put it with the silk—I had no occasion to take it out of my trowsers pocket, which I must have undone my apron to do, and put it into my handkerchief, and put it into my coat pocket, when a man was there, who was likely to go to my coat pocket as well as me—I only went to my coat pocket for a bit of tobacco—I would have returned it as soon is I could. Witness. I saw him roll it up in his handkerchief, and put it into his coat-pocket.

GUILTY . Aged 39.— Confined Three Months.

Sixth Jury, before Mr. Common Sergeant.

Reference Number: t18380129-632

632. WILLIAM LANE , JOHN JONES , THOMAS LANE , WILLIAM SCOTT , and MICHAEL COYNE , were indicted for stealing, on the 26th of January, 550 feet of veneer, value 16l.; and 1 truck, Value 3l.; the goods of Alfred Rosling, to which

WILLIAM LANE pleaded GUILTY . Aged

THOMAS LANE pleaded GUILTY . Aged

Confined One Year.

MR. CLARKSON conducted the Prosecution.

JAMES BULLOCK . I live at No. 15, Holywell-row, Shoreditch. On the 25th of January, I went to Mr. Youngman, a mahogany merchant in the Curtain-road, on business, between eleven and twelve o'clock—on going, I saw the prisoners Scott and Jones, who I knew were in Mr. Youngman's employ—Jones asked me, in the presence of Scott, if I wanted to buy a few rosewood veneers—I asked him where they were—he told me he would call in the afternoon, and let me know—at a quarter past five o'clock in the afternoon of that day, Jones called, and I went out with them about two hundred yards from my own house, round into Phipp-street—there were

two other men there waiting, who are not in custody—I went and fetched a person of the name of Standiwick, who worked for me—I returned with him to where scott and Jones, and the other two men were, and then scott and Jones introduced me to the other two men, to take me to the man who had the veneers—I and Standiwick, scott and Jones, and the other two men went near to Southwark-bridge—they took me clown some steps into a public-house, which I have since ascertained to be the Rose and Bell—we went into the tap-room, and one of the men, who is not in custody, went out, saying he would fetch the foreman—he returned in ten minutes with William Lane—we were then in the tap-room, and William Lane proposed that we should go into the parlour, and we all went into the parlour—one of the men not in custody said, "This is the man that has got the veneers to sell," pointing to William Lane, and he asked William Lane how many he had got—William Lane said, "I think I can get about four planks"—William Lane then went out, and one of the men not in custody went with him—the man returned, without William Lane, in about ten minutes, and he directed me to go to the yard close by the bridge, to look at the veneers—the other men were present, but I do not think they heard what was said—I have gince found the place to which that man directed me, and it is Mr. Rolling's—just as we were going out I beckoned to Standiwick to go oat with me—the man not in custody then pointed to a gateway for me to go to, but ioitead of going there I went to Mr. Youngman, and gave him information of what had transpired—on the same evening, about ten o'clock, Jones and scott came to my house, and Jones said he had put my name down, and I should have some veneers in, either at eight o'clock in the morning, or in the afternoon—scott was with him at the time—I and Mr. Youngman went to Mr. Rosling's, and told his clerk, and we made some arrangements that I should endeavour to detect any crime that should be committed—I went to Mr. Youngman's about the middle of the next day, and saw scott and Jones there—I told them to go and fetch the wood in—Jones asked for some money to drink, and I went to treat them at a public-house opposite—they asked me for some money to drink on the road, and I gave them Is. 6d.—after treating them at the public-house, they left me at Mr. Youngman's yard—at three o'clock that afternoon, Jones and scott came tc me again, and Jones said there would be some veneers at my place about five or six o'clock—he said that in presence of scott, and Jones told me not to pay the men that brought them, but to send for him at Mr. Youngman's yard—they went away, and about six o'clock Thomas Lane and Coyne came to me, bringing with them sixty-three veneers on a truck—I asked them if they had brought a bill—Thomas Lane said no, he had lost the bill on the road, but he was to take 4l. back for them—he did not say who he was to take it to—I had two policemen in readiness, and they took Coyne and Thomas Lane into custody—I then took the policeman to the public-house opposite Mr. Youngman's—it was then about seven or half-past seven o'clock—I did not go into the public-house, but the policeman did, and brought out Jones and scott—we had been first to Mr. Youngman, and he had told us they were there.

Cross-examined by MR. PRENDERGAST. Q. What are you? A. A cabinet-maker—I live in Holy well-row, about five minutes' walk from Mr. Youngman.

JAMES STANDIWICK . I work for Mr. Bullock. On the 25th of January I accompanied him, between five and six o'clock, to the place where I

saw Jones and scott, and two other men—they led us to Southwark-bridge and one of the men, not in custody, fetched William Lane—alter some explanation on the subject of the veneers, William Lane and the man who fetched him went out together—the other man came back shortly—Mr. Bullock then went out, and beckoned me—we went to Mr. Youngmau and gave information.

WILLIAM TAYLOR (police-constable M 79.) I received information from Mr. Rosling's clerk, and went, about two o'clock that day, to Holywell-row—about three o'clock scott and Jones came to Mr. Bullock's—Mr. Bullock went down into the shop—I was on the stairs—I heard scott and Jones state that they would have some veneers down in the evening, between five and six o'clock, and some pine planks in the next week—at six o'clock that evening Coyne and Thomas Lane came, and brought these rosewood veneers—I stood on the stairs and heard Mr. Bullock ask if they had got the bill—they said no, they had lost the bill, but they were to take 4l. back—I went and asked where they brought them from—they said, from Blackfriars-bridge—Coyne said he was employed by a stout man to bring them, and he was to return back to the Cross Keys in Blackfriars'-road with the 4l.—I marked the veneers, and took the prisoners Coyne and Thomas Lane—there was a truck outside the door—after I had taken Coyne and Thomas Lane, I went to a public-house opposite Mr. Youngman's yard, and apprehended Jones and scott—I did not say any thing to them—a person pointed them out to me—we put the handcuffs on them, and they asked what it was for—we did not tell them at the time, but took them to the station-house.

JAMES JENNINGS (police-constable M 59.) I went to Mr. Bullock's with the officer Taylor—I remained there till six o'clock, when I saw Coyne and Thomas Lane come to the house—we took them, and then went and took scott and Jones—they asked on what charge it was—I told them it was respecting some veneers—they said, "We don't know any thing about it"—we then hired a hackney coach, and took the four to the Southwark Bridge-road, and then we went and took William Lane.

Cross-examined. Q. Did you hear the last witness say that he did not tell scott and Jones what it was for? A. There was only one person spoke, and that was Jones—I told him what it was for, but the other officer might not hear it.

RICHARD WRIGHT . I am clerk to Alfred Rosling, a timber merchant, at South wark-bridge-wharf. William Lane was foreman of a gang of labourers in our employ—it was his duty to hire and pay the men—Coyne was one of the men hired and paid by him—on the 26th of January I marked a number of rosewood veneers, between three and four o'clock—I had received information from Mr. Bullock—I went the same evening to Mr. Bullock's, and saw a number of rosewood veneers, about 550 feet, worth about 16l.—about two thirds of them are what I had marked with my own initials in pencil—I do not know scott or Jones.

PATRICK LEONARD . I am in Mr. Rosling's employ. I know Coyne—he is a labourer there—I was sent into a loft on the 26th of January, and while I was there Coyne came in, and turned over one or two veneers—he had no business there that I know of, but he told me William Lane bad sent him there—a strange man came and looked out one veneer, and I went the next day and fetched it from Mr. Bullock's—I did not know the man—he appeared to be a customer—I noticed the veneer, and knew it again—I do not know scott or Jones—I was at work for William Lane.

COURT to RICHARD WRIGHT. Q. Might Coyne have been employed by William Lane to take property away? A. Never, I think.

MR. CLARKSON. Q. Was Coyne employed merely for the purpose of unloading and placing timber in the wharf? A. Yes, entirely so—I cannot tell whether he knew his master's truck.

Coynes Defence. I did not know it in the dusk of the evening—I met William Lane that evening, and he authorised me to take these to Mr. Bullock's—I delivered them, and was taken by the two policemen—I had business in the loft—we had some six-feet deals to go up, which was the reason I went there.

(Francis Emmerton gave Coyne a good character.) COYNE— GUILTY . Aged 24.—Recommended to mercy by the Jury and Prosecutor.— Confined Three Months.

SCOTT and JONES— NOT GUILTY .

Reference Number: t18380129-633

633. JOHN BROW was indicted for stealing, on the 2nd of February, 1 coat, value 55., the goods of Thomas Stokes.

THOMAS STOKES. I live in Bedfordshire, and am a wagoner. I was in St. John-street with my wagon last night, and my coat was on it—I left my wagon for five minutes, while I went up an inn yard, and when I came again my coat was gone—this is it—(looking at it.)

JOSEPH WHEELER . I live at No. 71, Cow Cross-street. About ten minutes past six o'clock, last night, I saw the prisoner coming from St. John-street, with this great coat slung over his shoulder—I went to my master's and heard something—I then went and took the prisoner.

Prisoner. I was coming along, and picked it up—I thought to take it borne and throw it on the bed—the witness and the officer came and took me.

THOMAS STOKES re-examined. My coat was on the wagon when I left—it could not fall off—I had pushed it under the hoops as tight as I could.

GUILTY .* Aged 56.— Transported for Seven Years.

Reference Number: t18380129-634

634. GEORGE BIRCH was indicted for stealing, on the 27th of January, 1 whip, value 3s., the goods of William Chant.

WILLIAM CHANT . I lost a whip, about six o'clock on Saturday evening, from my wagon, which was near St. Martin's church.

WILLIAM CARPENTER . I was near St. Martin's church on Saturday evening, at six o'clock—I saw the prisoner at the bottom of the Hay-market, following a wagon—I saw him take a whip from the side of a wagon—I saw him cut it on this side Temple Bar, and he made several attempts to get it, but did not succeed till he got to the Haymarket—I seized him directly with the whip in his hand.

Prisoner. He struck me, and tore my coat. Witness. He made great resistance, and bit me through my coat on my arm—I hit him to make him let go—he appeared to be sensible—he followed the wagon from St. Paul's Churchyard—he left it about five minutes, and then came back with another whip—he had two whips when I took him.

NOT GUILTY .

* The prisoner being deaf and dumb had the evidence communicated to him by his mother, but did not appear to understand the proceedings.

ESSEX CASE.

Before Mr. Baron Bolland.

Reference Number: t18380129-635

635. PATRICK HUGHES was indicted for unlawfully, maliciously, and feloniously assaulting Samuel Bush, on the 22nd of October, at West-Ham, and cutting and wounding him on the left side of his head, with intent, feloniously, wilfully, and of his malice aforethought, to kill and murder him.—2nd COUNT, stating it to be with intent to maim and disable him.—3rd COUNT, to do him some grievous bodily harm.

MESSRS. BODKIN and BALLANTINE conducted the Prosecution.

SAMUEL BUSH . On Sunday, the 22nd of October, I was walking towards Stratford, in Essex, with Mrs. Wood and her two daughters—it was about half-past seven o'clock in the evening—when we came to Maryland-point, near a nursery, I met a man coming towards us—he was running—he had no hat on—I did not notice how he was dressed—I heard him talking as he passed, but did not distinguish what he said—he was in the road, and I was on the footpath—after he had passed I received a blow from some person behind, which made me insensible—I know nothing more of the transaction—the blow was given on the left side of my head—I cannot say exactly how long it was after the man passed that I received the blow—it was not above four or five minutes, I believe, but I cannot say—I have been attended since by Mr. Vallance, a surgeon.

Cross-examined by MR. PHILLIPS. Q. Was it darkish? A. Yes, it was dark—I had never seen the person before that inflicted the injury, to my knowledge—I do not know what he had on.

COURT. Q. Was he running fast? A. He was running at a great pact when I saw him on the road—I did not look back when he passed, to see what course he took.

SUSAN WOOD . On the Sunday evening in question I was walking with my two daughters on the road—when we got near the nursery-ground, at Maryland-point, I heard a scream, as of some person in distress, in the front of us, and saw a man coming towards us, running very fast—he was coming in a direction from the scream—from Stratford—he was in the road—he had no hat on—he passed by us, and as he passed I heard him make use of a very bad, word, and say he would murder some person or persons—he said "d—and b—him, I will murder the b—,"—no other person passed after I heard the scream—we then proceeded on a few yards—I struck my foot against something, and found it was a man's hat—I picked it up—I had not advanced five or six yards at the most then—when I picked it up I looked behind me, and saw the same man turn round and come back again towards us very quick—he was in the road—when he came up, he rushed past me and went up to Mr. Bush, and struck him, on the left side of the head, a violent blow with his fist clenched.

Q. Did you notice whether he had any thing in his hand? A. I am sure he had not—I could not perceive that he had any thing—his hand was raised—it knocked Mr. Bush down, and he was quite insensible at the time—blood flowed from his head—we cried out, "Murder," as, when we raised him up, there was a quantity of blood flowing from the wound—a gentleman and two boys came up not more

than five minutes after the blow was struck—they also came in a direction from where I heard the scream—the boys turned out to be Jones and Plackrose—I do not know who the gentleman was.

Q. What became of the hat? A. I was frightened, and threw it down again in the road when the man struck Mr. Bush—I do not know what became of the man—he ran towards Stratford—towards London, and I lost sight of him.

COURT. Q. Did he run the contrary way from that you weregoing? A. No, he ran the same way as we were going, but a different way from what he had run before.

MR. BODKIN. Q. Did you take any notice of the dress the man wore? A. He was dressed in light-coloured clothes—I noticed his dress when he passed first, and also the second time—I observed his clothes both times.

Cross-examined. Q. Have you always described the dress the man wore? A. I believe I have—I do not know that I could swear it, but I have always said he had light clothes on—I was examined before the Justice, and told him so.

COURT. Q. When the man passed the first time, had he a hat on or not? A. He was without a hat, and the man who came up afterwards was without a hat.

ANN WOOD . I was with Mr. Bush and my mother on the Sunday evening in question—I remember hearing a scream, and after that I saw a man running past me—I did not see the man return, but 1 afterwards saw a man strike Mr. Bush—I think that was the man who had previously passed.

Q. How long after he passed you did be strike Mr. Bush? A. We had not proceeded above five or six yards—the man who passed had not any bat on, and the man who struck Mr. Bush had no hat on—he had light clothes on—he had a jacket, and I think it was a flannel one.

COURT. Q. Do you mean that you took such notice of him as to say he had a light jacket on? A. He had a light jacket on, but I cannot say it was flannel—he had light clothes on, I know, but I cannot say it was a flannel jacket—I saw he had light clothes on.

DAVID JOHNSON . I am a horse-patrol. I produce a bat which I received from Shepherd, an officer, about ten o'clock on Sunday night, the 22nd of October—I had seen the prisoner between one and two o'clock that day, and he had a hat of this description on—he was dressed in a flannel jacket and light trowsers, which I consider fustian—his jacket was white flannel, but dirty.

Cross-examined. Q. It was not a new one? A. It was discoloured—it was a dirty flannel jacket—the dirt did not make it so dark but I could tell it was flannel—it appeared to me dirty, as if it wanted washing—it was darker than it might Be when it was new.

MRS. WOOD re-examined. The hat I picked up was something like this—(looking at the one produced by Johnson)—and the lining appeared ragged, as this does.

MR. PHILLIPS. Q. I suppose you have seen many hundreds of hats like that? A. No, I have not—I do not suppose I ever saw five of them in my life.

BENJAMIN GROUT . I keep the Yorkshire Grey public-house at Maryland-point, Stratford.

I know the prisoner—on Sunday, the 22nd of October, he came into my house in the evening—three others came in with him—two I did not know—one is named Campbell—he came in as near seven o'clock as I can recollect, with Campbell, and the other two who I know nothing of—they all came in at one time—I am not certain whether the prisoner drank any thing—they were in there about five minutes—they had one pot of ale—some of them drank, but I do not know that the prisoner did—the prisoner had a round white hat on—I do not know that I should know it again—it was something similar to the hat produced; and I think he was dressed in light clothes, to the best of my recollection—it was something of a jacket—he had no coat on, I am quite certain, it was something of a light jacket—I cannot say what it was made of—my house is about 300 yards from the nursery-ground.

Q. Did the prisoner appear to be sober when he left your house? A. I think he had been drinking—they all four went out together at the same time.

Cross-examined. Q. Will you swear the jacket was not blue? A. No, I believe it to be light—I have no reason to believe it was blue—I think I can swear it was not—I believe it was white—I am certain in my own opinion it was not blue—I took but little notice of him at the time—I will not swear it was not blue, but I believe it was not—I thought he had been drinking—he appeared a little wranglesome, and by that I considered he had been drinking.

ROBERT RENWICK . I keep the Thatched House public-house, near the nursery-ground at Maryland-point, within about two hundred yards of it—the prisoner came to my house on Sunday evening, the 22nd of October last, about a quarter after seven o'clock—he was in company with a young man named Campbell—I did not observe anybody else—he did not appear to me to be sober—they were in my house about ten minutes or a quarter of an hour—they had nothing to drink—in consequence of the tipsy state he was in, I desired Campbell to take him away.

Q. Did you notice his dress? A. I noticed he had on a white hat of this description—(looking at the one produced)—I did not notice any other part of his dress—when they left my house they went towards Stratford, that is, towards the nursery-ground.

Cross-examined. Q. Did you take so little notice as to be unable to lay whether he had a white or a blue jacket on? A. I believe he had a white one, but I did not notice sufficiently to be able to tell—I will not swear it was not a blue one—I took a very slight notice of him—he was very bad, reeling about—he was very much intoxicated.

Q. I suppose, from your desiring Campbell to take care of him, you were afraid some accident might happen to him? A. No, I was afraid he would make a disturbance in the house—he was reeling about—I would not have given him any thing more to drink if he had wanted it—I did not notice him with any stick—the hat is a new invention, called washable hats—they are very common.

MR. BODKIN. Q. Why did you think he would make a disturbance in the house? A. Because he was swearing—he was able to walk.

MR. PHILLIPS. Q. How long have you known him? A. Two or three years—I never heard any thing against him, up to this charge, for dishonesty.

MR. BODKIN. Q. Do you understand the question? A. Yes, I do not know much of him now.

GEORGE JONES . I am a twopenny post-hoy. On Sunday, the 22nd of October, I had been to see my father in Essex—I was returning home in the evening with Pluckrose—we got to Maryland-point, near the nursery, about half-past seven o'clock—I saw the prisoner there—he was alone—there was nobody near him—he was going the same way as we were—we overtook him—he appeared in a state of intoxication—we bade him "Good night"—he wanted me and Pluckrose to lead him home to Well-street—we said we would not, and he said we should—we had then passed him—when we said we would not lead him home we ran away, and he ran after us.

Q. How far did he run before he got up to you? A. About half way to the nursery-ground—about twice the width of this Court—he then caught bold of Pluckrose, and threw him down—Pluckrose had a small stick in his hand—the prisoner drew it out of his hand, and hit him twice across the face with it, after pushing him down—I went and touched Pluckrose, and the prisoner turned round and hit me over the head with the stick, but I had a pair of spurs in my hat and they saved my head—it was a small hazel stick—we called out for assistance, and a gentleman came up and threw him down away from Pluckrose—he had hold of Pluckrose at the time—the prisoner got up, and the gentleman threw him down a second time—he then turned back towards Laytonstone, and made his escape, and the gentleman walked on along with us—the prisoner ran along, and ran past Mr. Bush as Mr. Bush met him—I cannot say how far Mr. Bash was from me—we were opposite the police-station when he was about half way along the nursery-ground—the police-station is about twice the length of this Court from the nursery-ground—we heard screams of distress, and ran to see what it was, and found two ladies picking up the old gentleman—I did not see Mr. Bush before I heard the screams, but the prisoner ran off, and we heard a scream—when we went up we found Mr. Bush, and the two ladies picking him up.

Q. Had the prisoner when he parted from you and Pluckrose gone in the direction which would enable him to meet Mr. Bush and the ladies? A. Yes—I did not see any other man about at that time, except the gentleman who had assisted us, and he was on forwards.

Cross-examined. Q. How old are you? A. Eighteen next May—I had never seen the prisoner before, to my knowledge—it was not a bright night—it was quite dark, but I had hold of him, and saw him in the face—was greatly alarmed when I got the blow across the head with the stick, and I was frightened when I saw Pluckrose struck—I began to scream out.

Q. Did you take notice what kind of dress the man had on? A. Yes, he had on a white flannel jacket—I am sure it was flannel, for I had the sleeve of it in my hand, and he had a white hat with a round top to it—he had not his hat on when he ran away from us, but he had when he came up to us—it was knocked off in the scrummage.

Q. What were you doing out that night? A. I had been down to see a friend, and was returning home—I had dined at home—the stick I speak of was about the thickness of my little finger—we had brought it up on purpose for riding—it was a kind of switch.

MR. BODKIN. Q. What became of it, did the man take it away, or was

it left behind? A. I cannot tell—(looking at the hat)—this is something like the hat the prisoner had on—it is exactly like it—it is the same kind of hat—I had hold of his sleeve, and had the opportunity of feeling as well as seeing that it was a flannel jacket he had On, and he had a light pair of trowsers on.

COURT. Q. Were there any lamps about that spot? A. Close by—they are gas lights—I was about two hundred yards from the lamp when 1 saw him—we were not so near that the light could give us any assistance.

MR. BODKIN. Q. Was there light enough for you to take notice of his features? A. There was—he is the person—I am quite sure he had not a blue jacket on.

HENRY PLUCKROSE . I am a twopenny post-boy, and am between fifteen and sixteen years old. I was in company with George Jones on Sunday-night, the 22nd of October—we came up with a man who appeared to be drunk, and wanted us to lead him home—I cannot swear the prisoner is the person—he took hold of me, and gave me two strokes across the cheek with a stick, after he had thrown me down—he took hold of me directly he came up, and threw me down directly—I had not much opportunity of looking at him—he was dressed in light clothes, and had a cap on, like that produced.

JOHN THOMAS VALLANCE . I am a surgeon. Mr. Bush was brought to my house—he was bleeding from a wound on the left side of his head—it was of a triangular shape—it had had three sharp cuts—the skull was fractured, and the membranes of the brain were exposed—the wound was so dangerous that I did not expect his recovery at all—I am of opinion it must have been inflicted by a large flint—it certainly could not have been inflicted by the fist only.

JOHN COTTON . I am in the service of Barnett Isaacs, a pawnbroker at Stratford in Essex. I know the prisoner—in the week before the 22nd of October I had some clothes of his in pawn—two flannel jackets were pawned on the Monday before the 16th of October, by the prisoner—I wrote the ticket for them—they were white flannel jackets—on Saturday-night, the 21st of October, they were both taken out of pawn—I do not know whether they were taken out by the prisoner.

MR. PHILLIPS. Q. Did you see them taken out? A. No.

MR. BODKIN. Q. How do you know they were taken out? A. By the duplicate—I have the duplicate of them, and produce it—it is the duplicate that was given-to the prisoner when the goods were pawned—I now find it in my master's possession, and the goods are gone.

Cross-examined. Q. Do you mean to say the prisoner pawned them. A. Yes—I wrote the ticket for them, and saw the prisoner—we cannot prove who took them out—one of them was pawned again at our shop—it is not at our shop now, as the prisoner's brother took it out—it was not the prisoner—he was in custody.

MR. BODKIN. Q. When was one of them pawned again? A. On Monday, the 23rd of October.

(MR. PHILLIPS called the following witnesses for the Defence.)

PATRICK CAMPBELL . I know the prisoner—I saw him on the 22nd of October last—he had on a bluejacket, and a light pair of trowsers—it ww a pair of moleskin trowsers, I believe, and it was the jacket I have now on my back—he had a striped cotton shirt, and no waistcoat—I was with him from seven o'clock in the morning until eleven that day—I met him

again in the evening, at the Thatched House, about quarter past seven o'clock—he had the same dress on then.

COURT. Q. What time in the evening did you leave him? A.About seven o'clock—he parted from me at the Thatched House—he had the blue jacket on then.

MR. BALLANTINE. Q. How long have you known the prisoner? A. All my life time nearly—I have not seen him constantly all that time—I live pretty handy to him—about 300 or 400 yards—I do not see him every day—I am a sailor—I made my last voyage about twelve months ago—I went to Spain and Portugal—I have been living in the neighbourhood ever since, and working on the Eastern-railway—I know the prisoner worked for Mr. Woodcock—I am quite positive he had not a white jacket on this evening—nothing drew my attention to the jacket particularly.

Q. I suppose you have never been in trouble yourself? A. Yes, I hare, for getting in rows—I do not know how often.

Q. How many times have you been in a Court of Justice, charged with offences? A. I do not choose to mention that.

COURT. You must mention it. Witness. I have been two or three times.

MR. BALLANTINE. Q. How soon after the 22nd of October did you see the prisoner? A. I did not see him from the night I parted with him till I taw him at the Bench at Ilford—I was in his company that night from a quarter past six o'clock till after seven o'clock—about seven o'clock I parted with him at the Thatched House—I went about fifty yards from there with him towards his home, and then I returned back to the Thatched House—that was about seven o'clock—I had joined him about six o'clock, or a, quarter past six o'clock that evening—I net him against Mr. Grout's boose, and walked with him to the public-house.

Q. How is it that you have got that jacket now? A. I borrowed it from his mother one cold day when I was working on the railroad, about a fortnight back, at the time the snow was—the prisoner was then in prison—I borrowed the jacket because it was a cold day—I went on purpose to borrow a coat, or any thing—I asked her if she had any thing she could lend me—I did not have any conversation with her about her son—I knew be was in gaol at that time—I dare say he had a white jacket—he had two or three flannel jackets—I have seen him wear a flannel jacket, but not often—it is twelve months ago since I saw him wear a flannel jacket.

Q. How soon before this had you been in his company? A.On the Saturday previous—he had then a blue jacket, and a pair of moleskin trowsers—I saw him a day or two before, and he had a blue jacket then—I had not seen him for three months before that, as I was not in the neighbourhood—I was away from the neighbourhood about six months—I was in trouble—I have frequently seen his mother since.

COURT. Q. How long were you in his company on the Sunday? A. I met him in the morning and had breakfast with him—I met him again at eleven o'clock, and went home to dinner—I saw no more of him till seven o'clock in the evening, when we went into Grout's, and tad a quart of ale—I left him about seven o'clock—I was at the Yorkshire Grey with him about six o'clock, and to Renwick's—Ren wick told me to take care of him and to take him out of the house—after getting out of the house, I left him and returned.

REUBEN DEERSON . I know the prisoner—I saw him on the 22nd of

October at the point—he had on a blue jacket, a blue shirt, and fustian trowsers, rather whitish—a light kind of trowsers—it was about ten minutes after seven o'clock in the evening when I saw him—I did not see him later that evening—he generally wore a blue jacket.

MR. BALLANTINE. Q. Are you a friend of the prisoner's? A. Yes—I do not know how long I have been so—I am quite sure he had a blue jacket on at seven o'clock—I was talking to him and observed it—I have seen him frequently before, and worked with him—he was in the habit of wearing a blue jacket—he had a white jacket on sometimes.

Q. What are you? A. Anything—I am a labourer just now, and when I get employment—I worked on the railroad with the prisoner—Mrs. Hughes asked me to come here to-day—she asked me last Saturday—I told her I had seen her son on the 22nd of October—I told her so on the Sabbath-day—on the 22nd of October—I saw her the next day—I did not say any thing then about a blue jacket.

Q. Had you said any thing about the blue jacket at all, till she sent for you? A. Oh yes; because I had heard people talking about it—I was present at the prisoner's examination—T had mentioned about the blue jacket before then, because I had heard people talking about it—they said he had a white jacket on, and I contradicted them—I heard one or two say he had a white jacket on, a week or two after the accident happened—I did not hear anybody say he had a white jacket on this particular night.

Q. How came you, then, to say a word to his mother about his baring a blue jacket? A. I do not know—she asked if I had seen him—I said I had—she did not mention the blue jacket first to me—she asked me to go and speak for him—I said I would, and tell what dress be had on—she did not tell me what to say for him, but I had seen him in the dress.

Q. How did you know his dress had any thing to do with this case? A. I do not know—I did not know when I went to speak for him that his dress had any thing to do with this case, but the people kept saying he had a white jacket, and I said he had a blue one—I did not know his dress had any thing to do with the case—I do not know who asked me to speak about his dress—I spoke about it because I was fetched up by Mrs. Hughes—she did not say any thing to me about the jacket—I have been living near to Mrs. Hughes a long time, but not a word has passed between us about a blue jacket.

Q. Then when you got into the witness-box to-day you knew nothing at all about the effect the blue jacket would have on the case? A. I do not know—no; I did not know what effect it would have—I did not know what use it would be to the prisoner—I did not knot whether it would be of any use to him or not—nobody told me to come here.

ANN COLLETT . I live at Stratford. I know the prisoner—I saw him on the 22nd of October, about a quarter past seven o'clock, facing Mr. Grout's, at Maryland-point—he had a blue jacket, a blue shirt, and light trowsers—I did not see him again that evening.

MR. BALLANTINE. Q. Was he drunk or sober at that time? A. He had had a little to drink—he was able to walk well—I do not know whether he was able to run—I came here to-day to speak for the prisoner—to tell that he had blue jacket on.

Q. How came you to think that telling he had a blue jacket on would do him any good? A. I did not think any thing at all about it—I came here to speak truth—I saw him in a blue jacket—I met him, and I was not with him above a minute—he did not ask me to notice what jacket he had on—his mother asked me to come here to speak the truth—she said, "Will you come to the Court, and speak truth about Patrick Hughes?" those were her words—I told her what I should say, that I should speak the truth—that was all I told her—I told her about the blue jacket—I told her I met him with a blue jacket—I went to her—she had not sent for me—the first I said to her was, that I met him at such a time, with a blue jacket on—he did not lodge with her at the time, and she did not know what he had on—she did not tell me so—I do not know whether she knew or not, what he had on.

Q. Did you say you met the prisoner on such an evening with a blue jacket, before she said anything to you? A. No—she asked me what time I met him, and whether I saw him—I said I did see him at a quarter past seven o'clock—she asked me would I go up—I had said nothing about the blue jacket when she asked me to go up—not till I came to my own mother's—she had not said a word to me about the jacket—I have come of my own accord to speak for him—his mother did not ask me to come—she did not make any reply when I told her he had a blue jacket on.

Q. Did you know it made any difference to him whether he had a blue or a white jacket? A. I should have thought it did, because they swore that he had a white jacket—I heard them say so—I heard Johnson say to to the Bench—I was present at his examination before the Justice—I did not give evidence there—I was not called up at all—I do not know how soon after the examination it was that I saw ms mother—it was the same day—I had no conversation about him that day—I did not say a word about what had just passed before the Magistrate—not a word was said about the jacket at that time.

Q. You did not think it necessary to tell his mother you had heard a witness swear he had a white jacket, and you knew he had a blue one—perhaps you did not remember it at that time, was that it? A. I suppose it was—I mentioned it after we came home from Stratford to Mrs. Hughes, and she asked me to come here and speak the truth—she did not ask me to come and state about the jacket—I told her I would come and speak the truth myself—that was all.

COURT. Q. What called your attention to the prisoner's dress that night? A. I met him—I do not remember the dress of every man I meet, but I was talking to him, and I had seen him in the day-time—it was on a Sunday evening—I did not notice his hat.

MR. BALLANTINE. Q. Do you know Campbell? A. Yes—I did not see him at the same time—Deerson walked up with me—I did not mention the jacket to him.

GUILTY of an Assault only. Aged 22.— Confined Three Years.

KENT CASES.

Before Mr. Recorder.

Reference Number: t18380129-636

636. FRANCIS HAND was indicted for stealing, on the 2nd of January, 3lbs. weight of wheat, value 6d., the goods of Samuel Jeffryes his master.

SAMUEL JEFFRYES . I live at Well Hall, at Eltham. The prisoner was employed by me to thresh wheat—I did not find any wheat on him myself—Rainsley, the horse patrol, did—there had been some barley threshed in the same barn—it is possible to identify so small a quantity—it is difficult to miss corn from my premises, but a great deal has been missed.

Cross-examined by MR. PHILLIPS. Q. I believe you had the prisoner taken before Mr. Latham, the Magistrate at Eltham? A. Yes—I do not believe he discharged him—he remanded him—I believe he did not discharge him—he was never out of custody—Mr. Latham remanded him to Woolwich, and ordered me to attend there—I had had the man who worked in the same barn taken up—the prisoner worked for me that day.

JOHN RAINSLEY . I am a horse-patrol. In consequence of information I received, I stopped the prisoner as he was coming from his employ in the field between Eltham and Well Hall, about one o'clock in the day-time—I searched him, and found on him a little bag, containing about 31b. 80s. of wheat—I gave it into the hands of Petro, with the prisoner—I then went and searched his house, and found a bushel of wheat, which he said his family had gleaned—this was on Tuesday, the 2nd of January—he was coming in a direction from the prosecutor's when I stopped him.

Cross-examined. Q. Did not he say it was what he had for his pigeons? A. Yes; poor people are in the habit of leasing and gleaning about the fields—I have known the prisoner twelve years—I do not know of his living with Mrs. Smith, of Chadwell-street, Middleton-square, but I have known him in respectable service—I never knew any charge of dishonesty against him.

COURT. Q. There was no gleaning on the 2nd of January? A. No.

MR. JEFFRYES (re-examined.) I have compared the wheat found on the prisoner with that in my barn, and they correspond—there is a mixture of barley in the sample found on the prisoner, and the sample from the barn, but in a very small quantity—barley had been threshed previous to the wheat—I have sufficient knowledge of corn to say that the wheat is the same growth and appearance as mine in every respect—I am able to say with certainty that it is part of the same wheat.

MR. PHILLIPS. Q. You would swear to it if you saw it one hundred miles off, would you? A. I do not know that—I should have great difficulty in swearing to it then, but not under these circumstances—he was at work that day at my house—he passed me as he went to dinner, two hundred yards from my barn—he has been a month in prison.

NOT GUILTY .

Before Mr. Sergeant Arabin.

Reference Number: t18380129-637

637. JOHN HOARE , WILLIAM FABLING , and RICHARD FABLING , were indicted for stealing, on the 23rd of January, 5lbs. weight of lead, the goods of John Humphries, and fixed to a certain building; against the Statute, &c.

JOHN HUMPHRIES . I am a market-gardener, and live at Plumstead, in Kent. I rent a cottage there—the lead in question was taken from the cottage—I did not miss it till the officers brought it to me, this day week—I looked at the roof of the cottage then, and found it stripped of the lead,

about 561bs—I know the prisoners, they live very near me, and are cottagers—labouring men.

WILLIAM THOMAS CHITTENDEN . I am a policeman. On Tuesday, the 23rd of January, about seven o'clock in the evening, I was on duty in Woolwich, and received information—with the assistance of my brother officers, I went and found the three prisoners in the New-road, Woolwich, all three together—I took William Fabling into custody, and on him found these two pieces of lead—I told him that I took him into custody on suspicion of stealing it—be said be supposed so—I took him to the station-house, searched him, and found on him a knife—the lead appeared to have been cut, and the knife appeared to have cut lead—be stated at the station-house that he had found the lead—next morning I went over to Plumstead, and found the lead had been taken from an uninhabited cottage there—I found the whole of the covering of the shop-front and door gone—I compared the lead with the places, and it tallied exactly—there was 56lbs.—my brother officers took the other prisoners—they were with me—Warden took Hoare—Richard Fabling ran away, but was shortly afterwards taken.

CHARLES STEWART WARDEN . I am an officer. I was with Chittenden when the prisoners were seen in New-road—Chittenden apprehended William Fabling—I went up to Hoare and said to him, "What have you got here?"—he seemed rather bulky—his smock-frock stuck out—he pulled his smock-frock up, and these two pieces of lead dropped from under it—this was about a mile from Plumstead—it was about seven o'clock in the evening—I said I should take him on suspicion of stealing—he said he supposed I did think so—I took him to the station-house, and on searching him found a knife in his pocket—I cannot say whether it had cut lead—I fitted the lead next morning to the premises, and it tallied exactly—he said he picked it up—Richard Fabling ran away when we took the other two—when I first came up to them they were standing still, near a marine store dealer's, right opposite the, door—I know such shops buy lead.

JOHN ALSFORD . I was with the witnesses, and saw Richard Fabling—he ran away for some distance—I followed him a little way, and then returned to Warden and Chittenden—in about twenty minutes I saw Richard Fabling again in Plumstead-road—he saw me and ran away again, but I followed, and took him into custody—he said he would go with me.

Richard Fabling. Q. Did you see me, in Plumstead-road? A. Yes, it is the road leading to Plumstead.

Hoare's Defence. I was walking across the common on Tuesday morning—there was a little bag containing the lead—we were all three out of work, and in search of employment—we picked it up, and took it to Woolwich.

Richard Fabling's Defence. I was walking up Plumstead Common, and saw the lead lying in the bag—I took it up, being out of work some time, and had nothing to eat—I meant to sell it to make a shilling of it.

MR. HUMPHRIES re-examined. I have known them all from childhood—they have worked for me as labouring men, and bore very good characters.

HOARE— GUILTY . Aged 28.

RICHARD FABLING— GUILTY . Aged 21.

WILLIAM FABLING— GUILTY . Aged 23.

Recommended to mercy by the prosecutor.

Confined Six Months.

Before Mr. Recorder.

Reference Number: t18380129-638

638. WILLIAM MAYBROOK was indicted for stealing, on the 15th of January, 1 coat, value 3l. 10s.; 1 printed book, value 2s.; 1 handkerchief, value 3s; 1 snuff-box, value 1s; and 1 pocket-book, value 1s.; the goods of Henry Holding.

HENRY HOLDING . I am a tailor and draper, and live in London-street, Greenwich. I lost a coat out of my shop, and the policeman brought a handkerchief and snuff-box to me, which I recognised to be my property—in consequence of what the policeman stated, I preferred this indictment against the prisoner, as the handkerchief and snuff-box were in my coat pocket, with a pocket-book—the coat was worth 3l. 10s.—Wild the policeman produced the handkerchief to me, and Dyke the snuff-box—I know nothing of the prisoner.

JAMES WILD (police-constable R 141.) On Monday, the 15th of January, Mr. Holding came to the station-house, and said somebody had stolen a great coat from his shop, with a handkerchief, snuff-box, and pocket-book in it—on the following Friday, the 19th, I had occasion to go before the Magistrate at Deptford, and saw the prisoner handcuffed, going to Newgate—I saw this handkerchief round his neck, and asked him where he got it from—he refused to answer me—I said I should take it, as I knew the owner, and asked him where the coat was, which he took the handkerchief out of the pocket of—he made no answer—I took the handkerchief to Mr. Holding, who claimed it.

Prisoner. I told him I bought the handkerchief. Witness. He did not, he refused to answer any questions.

WILLIAM DYKE . I am a policeman. I apprehended the prisoner on the 18th, at Deptford, for stealing a coat—I found the snuff-box and the handkerchief, which was taken off his neck, on him—I was told by the Magistrate to give him the handkerchief to put round his neck, as he was about to be conveyed to Newgate—I produce the snuff-box—he was takes about ten minutes' walk from the prosecutor's.

MR. HOLDING re-examined. This snuff-box is mine—I know it by a hinge being broken, and I know the handkerchief by a stain on it, which I made myself—I missed the property on the Monday—I had not seen the prisoner near my house.

Prisoner's Defence. I know no more about the coat than the inkstand here—I bought the handkerchief three months ago, and wore it at Sheerness, where I came from—I belonged to a twenty-eight gun ship—I had three weeks' leave to visit my parents—I got in liquor, and having got to Deptford, I would not come to town, fearing to be taken up for intoxication—I had some porter, and half an ounce of tobacco—a young man came up to me and said, "Are you going to sea?"—I said, "Yes"—he said, "Here is an article I am going to part with, and have but a shilling to take me on my road to the country, it will be of service to you," and I gave the man 16s. for a coat—I lost my way coming out of Deptford, and asked the policeman to show me the way to the Navy Arms, which is near where the coat was taken from—as to the handkerchief round my neck, the man that wove that might weave hundreds—I bought it three months ago—the snuff-box was given me by one of my shipmates, on board the Carlisle, at Sheerness.

MR. HOLDING re-examined. I made the stain in the handkerchief about

a fortnight back—I saw it last in my possession on Sunday the 14th—I had it round my neck—it could not have been sold three months before.

GUILTY . Aged 19.

Reference Number: t18380129-639

639. WILLIAM MAYBROOK was again indicted for stealing, on the 18th of January, 1 coat, value 21s., the goods of James Matthews.

JAMES MATTHEWS . I am a tailor, and live in High-street, Deptford. I lost this coat on the 18th of January, from my shop, between half-past four and five o'clock in the afternoon.

WILLIAM DYKE (police-constable R 100.) I stopped the prisoner on the 18th of January, about a quarter to five o'clock, in the Lower-road, going to London from Deptford, about half a mile from Mr. Matthews' house—he had this great coat on—he asked me the way to the Navy Arms, which I showed him—in about five minutes afterwards I heard Mr. Matthews had lost a coat—I immediately went to Durham's, the pawnbroker's, and told them if a coat was brought there to stop it—I went to the Navy Arms, where I had left the prisoner, and he was gone—I then went to Durham's again, and stopped him offering it in pawn.

Prisoner's Defence. I told him I bought the coat of a man going into the country for employ—I had but 1s. 6d., and that it was not sufficient to pay my lodging—I thought I would leave it in pawn till I came back.

GUILTY .* Aged 19.— Transported for Seven Years.

(There was another indictment against the prisoner.)

Before Mr. Recorder.

Reference Number: t18380129-640

640. MARY ANN DAVIS and WILLIAM BROWN were indicted for stealing, on the 22nd of December, 1 watch, value 15s.; 1 watch-guard, value 2d.; 1 watch-ribbon, value 1d.; and 1 watch-key, value 2d.; the goods of John Smith.

JOHN SMITH . I am cook of the ship Maria Brand, which laid in the Thames, at Deptford. On the evening of the 22nd of December I met the prisoner Davis at the Red Cow, in King-street, Deptford—the prisoner Brown was in her company in the house, and I drank with him—Davis took me to a house, a few steps from the public-house, in the same street, New-street—Brown followed us—I went up stairs with the woman—Low, another female, was there—she went out of the room, leaving me and Davis together—I pulled the watch out of my waistcoat pocket—we went on the bed, and I laid my watch on the table—there was a piece of candle in the room, but it burnt out—I called for another—Davis got out of bed to go down stairs to get another light—I got out of bed after her, and felt on the table and missed my watch—she wished to go down for the light—I objected to her going, and said I would go myself—I stopped at the door till a lady brought the light up—I insisted that they both should remain till I went down and got a policeman, which I did, and he took them in charge—they were discharged.

Q. When Brown followed Davis, as you went along, could you observe whether they talked together? A. Yes—I have since seen my watch in the hands of a policeman.

MARY ANN LOW . I lodge in New-street, in the same house as Davis—

on the 22nd of December she came to me for a light, and I gave her one—the prosecutor came into my room—he afterwards called for a light—I went up with one, and met Brown running down stairs with his shoes in his hand—when I got up I found the prosecutor holding Davis, and complaining that he had lost his watch—it was not found in the room.

Brown. I had my shoes on. Witness. No, he had them in his hand.

MARY STAPLES . I am a married woman, and live in King-street, Deptford. I know the prisoner Davis—I met her on the evening of the 26th of January, and bought the ticket of a watch of her for 1s. 6d.—I bought it for my son, and gave it to him.

JOHN STAPLES . I bought a pawnbroker's duplicate for 1s. 6d.—my mother gave it to me, and I gave it to my wife—I gave her money to redeem it—she afterwards produced to me a silver watch, which I gave to Conner, the police-constable.

MARY STAPLES . I am the wife of the last witness. I went to Mr. Rosier's shop, in Tooley-street, with a duplicate which my husband gave me—I paid 8s. 1 1/4 d. and received the watch, and gave it to my husband.

JAMES CONNER (police-constable R 191.) I produce the watch which I got from John Staples.

JOHN SMITH re-examined. This is the watch I lost.

JOSEPH NIMWICK ROSIER . I am a pawnbroker, and live in Tooley-street. This watch was pawned at our house on the 23rd of December, and redeemed on Friday last—it was pawned by a man, in the name of "William Brown, lodger, No. 3, King-street"—I have seen the prisoner Brown at my house—whether it was on that occasion, I cannot say—I cannot take on myself to say whether he is the person—(looking at his deposition)—this is my handwriting—I have no recollection whether he is the person—the Magistrate asked if I had seen him—I said he might be the person, but could not positively say—I never said I believed he was the person—(the deposition being read, contained the following sentence, "A siver watch was pawned at my shop by a young man who I believe is the prisoner William Brown")—I did not positively say it was him—I said I had seen him at the shop, but could not positively say it was him—I might have said I believed it was him—I have seen such a person at my house—whether it was him I cannot say.

Q. You are represented as having said you believed it to be the prisoner? A. I said I had seen him at my house, but whether on that day I would not positively say—I said it might be him.

BENJAMIN LOVELL (police-constable R 15.) I apprehended the prisoner Brown—I was looking for him ever since the 22nd of December, and took him last Sunday night—I told him I wanted him about a watch stolen from New-street—he said he knew nothing about it, nor had he been at the house—I took the woman the same night—she said she had been discharged once for it, and knew nothing of it.

DAVIS*— GUILTY Aged 20.

BROWN- GUILTY . Aged 17.

Transported for Seven Years.

Fifth Jury, before Mr. Common Sergeant.

Reference Number: t18380129-641

641. JOHN NORTON was indicted for embezzling, on the 1st of January, the sum of 9d.; on the 2nd of January, the further sum of 9d.;and on the 3rd of January, the further sum of 9d.; the monies of Joseph Simpson, his master.

The prosecutor and witnesses did not appear.

NOT GUILTY .

Reference Number: t18380129-642

642. WILLIAM GLOVER was indicted for stealing, on the 19th of November, 1 iron trough, value 5s., the goods of Josias Stanfield.

The prosecutor and witnesses did not appear.

NOT GUILTY .

Reference Number: t18380129-643

643. ROBERT JOY and RICHARD DYBELL were indicted for stealing, on the 26th of December, 2 bushels of flour, value 1l., the goods of Henry William Parsons, the master of Robert Joy.

HENRY WILLIAM PARSONS . I am a baker, living in High-street, Woolwich. Joy was in my employ—Dybell was in my employ for about one hour—two days after Christmas I missed one sack of flour—I and my father asked the boy about it—his name is Thomas Farley—I went for an officer, and apprehended Dybell, who was in bed, and took him to the cage—I did not find any flour—all I know is, I lost some flour—I lost a great deal before—I had spoken to Joy—he said he was sorry, and should be glad to assist me in finding it out—a sack contains five bushels.

Cross-examined by MR. PHILLIPS. Q. When did you miss the sack of flour? A. Two days after Christmas—I have indicted them for two bushels, but I missed a sack—the two bushels formed part of the sack I missed—I fully understand the question—I missed the sack containing five bushels all at once—I had seen Dybell a great many times—I know him no more than seeing him come to my house—I have drank with him—I went into a public-house, and he was there and I drank with him—I borrowed a dog of him—I do not know exactly how long I had the dog under my truck, perhaps it was two months—Joy borrowed it first, and I kept it after it was brought to my place for trial—I never saw Dybell at my house but two or three times—I had frequently missed flour before—I think I had Farley in my employ for four months—during that time I lost things, and could not make up my money—I never told them I had missed flour—I never missed any flour, but I took stock every Sunday, and could not make up ray flour—there were one or two sacks missing—I reckoned up what I had wetted, and could not make it up—I missed bread or flour from the place—Farley gave me the information—I did not take him up—I did not speak to anybody about missing flour before I heard this from Farley—his father lives in the Kent-road, I believe—I asked Farley about this—I have no reason to suspect that he was a party in robbing me before this, or joining in or witnessing robberies—I heard him give his evidence before the Magistrates—I believe he robbed me of bread, but I only know it from himself.

THOMAS FARLEY . I am an apprentice to Mr. Parsons, and have been so for three months. About seven o'clock in the evening of Tuesday, the 26th of December, Joy and Dybell were in the bake-house—Joy was going to put the sponge in, he took half a sack of flour, and put that into the trough, (that was the proper place for it)—he took another half-sack, and put part of that in, and then he put about two bushels on Dybell's back, in the sack, and Dybell borrowed my cap to carry it with—he went away with the flour, which was about two bushels—I saw that—Joy told me not to

say a word about it—I did not say any thing—I got my cap back in a quarter of an hour—a man came back for Dybell's hat, and brought my cap—his name was Garratt—he is not in custody—I told my master the next day, directly he asked me—I also told him I had stolen some loaves of bread—that is all I know about it.

Cross-examined. Q. How often did you steal from your master? A. Twice—it was before I saw the flour taken—Dybell was never in my master's service—he moulded the batch in the other day.

MR. PHILLIPS to HENRY WILLIAM PARSONS. Q. Had you hired Dybell at all? A. Joy hired him to work for me for one hour—I did not hire him—Joy went out to get him.

MR. PHLLLIPS to THOMAS FARLEY. Q. HOW long had you been in the prosecutor's employ? A. About three months—I never knew of any flour being taken before this—I cannot say how long after I got into the employ it was that I stole the bread—I was new to it when I went to my master's employ—about two months after I went to my master's service, Joy asked me to give him some bread down the back way—he served it amongst the customers—I stole about six half-quartern loaves the first go—I do not know how many—it was not as many as a dozen—I did not count them—I did not tell, because there were threats held out against me—two or three days after he asked me to get him some more—I then stole nine halves—I cannot say what day of the week that was—I think it was on a Saturday—the first number I stole was six halves, and the second nine halves—I never said it was three or four quarterns—I never said that I stole any more—I never stole again—I do not know what month it was when I stole the first—Joy served them among the customers—I did not take them for the mere pleasure of stealing them—he gave me 3d., that was all—I got no money the second time—that was not for the mere pleasure of stealing them—he said he wanted them to serve among the customers—I knew I was doing wrong—I have said that "I first gave three quarterns to a certain man about three weeks ago, I gave about three or four quartern loaves to a man, and about three weeks ago, I gave six half-quarterns to a man."

Q. That being the case, how came you to tell me you only stole twice? A. I forgot it—I have never been in prison—I was put in confinement for a week at the station-house at Woolwich—I was ordered there by the Magistrate—I do not know whether that was on Mr. Parson's charge—I was told that I should not have any communication with Joy and Dybell—I have a father alive—I cannot say whether my master made any charge against me of stealing—he charged me with robbing him—I know he did—he charged me the first Friday after they were taken up—when you asked me first, I forgot that he charged me—I do not know what put me in mind of it.

JOSEPH BUTTERFILL . I am an officer. I took Dybell in his bed.

Cross-examined. Q. You saw no flour? A. I did not.

GEORGE THOMAS MARTIN being called did not answer.

JAMES BAKER being called did not answer.

Joy. Baker had money to supply us with counsel, and he ran away with it.

NOT GUILTY .

Reference Number: t18380129-644

644. JAMES MORRIS was indicted for stealing, on the 9th of January, 1 sheet, value 1s. 3d., the goods of John Baker; and 1 pair of boots, value 4s., the goods of Mary Ann Smith .

JOHN BAKER . I live at Deptford. Smith is a lodger of mine—I know the prisoner—he asked me to let him lie down, on the 9th of January, and I showed him up stairs to the room where Smith sleeps—he laid down, and then came and drank with me—after that Smith missed a sheet—I was not there.

Cross-examined by MR. CLARKSON. Q. IS that the sheet there? A. Yes—there is no mark on it—I can swear it is mine—we have only one like it in the house—we have sixteen or seventeen pairs in the house—I take in lodgers—my house is near Moss-buildings—Miss Smith has lodged two years with me—I know her very well—William Pearcy lives with her now, who came home from sea—I do not know how Miss Smith gets her living—I do not know how long she has been living with this man who has come from sea—there are three rooms in the house—I have two houses—I cannot say how many lodgers I have—I have about fourteen beds—I let them out by the night, double or single, as they come—I am married—I have no children—my wife lived with me—my wife is dead—I am an Englishman—a woman lives with me—I cannot tell how many women are in these houses—I know the sheet is mine—we have only one more like it—none of my linen is marked—I have got about seventeen pairs of sheets—I did not count them before I came—I know this is mine—I have heard of the name of Bet Low, but that is not her name—I never went by any other name than that of Baker—never in my life—when the prisoner came into my house it was about one o'clock in the day—it might be a little after—Bet Low was sitting in the farther room, with two or three more men and women—Miss Smith sometimes goes by the name of Bet Low—the prisoner had been drinking—I went with him to a public-house while he was in possession of this very sheet and boots, but I did not know he had them on him—he left my house between two and three o'clock—the woman missed the boots, and followed, and gave him in charge—I have no partner in the two houses—I pay the rent for them myself.

MARY ANN SMITH . I live at this man's house. I lost a pair of boots—they were under the bedstead where I slept—when I went out of the room I left them there—I was not out—I was in another room—these are mine—I left them under the bed—they were mine—my money paid for them—I have not the slightest doubt of their being mine.

Cross-examined. Q. What is your name? A. Mary Ann Smith—I have had two names—my married name and ray maiden name—my maiden-name is Hamilton—they are the only names I have, only some people call me by a nick-name—the name of Low—I have been married—my husband is dead—this is a lodging-house for travellers—I swear that—I live there constantly—I have made it my home going on for two years—I have lived with a young man for eight years, except when he is at sea—he allows me half-pay, and I do needlework—I have a bed there, but the room is not altogether mine—there are four more beds in the room—they are married people.

GEORGE STEWART (police-constable R 145.) I found these shoes in the prisoner's breast.

Cross-examined. Q. Had they not been taken from him before you

came? A. Not before I took them from him in the station-house—he was not what you may call drunk—I know he had been drinking—he was a little tipsy—it was about half-past two o'clock—I asked him if he had got the boots, and he denied it—I found something in his breast, took him to the station-house, and found them.

WILLIAM DYKE (police-constable R 100.) I found this sheet round the prisoner's loins—he said it was what he generally wore to keep his loins warm.

NOT GUILTY .

Reference Number: t18380129-645

645. JAMES GRIGGS was indicted for a misdemeanor.

MESSRS. DOANE and JERNINGHAM conducted the Prosecution.

CHARLES DICKENSON . I reside at Greenwich, and am a grocer, in the employ of Mr. Mitchell. On the 28th of December the prisoner came and asked for a quarter of an ounce of tobacco—it came to a penny—he put on the counter a bad shilling—I bent it, and told him it was bad—he said he thought it was not—I took it into my hand, and called my master—I gave the shilling to my master.

THOMAS MITCHELL . I live at Greenwich, and am a grocer. I received this shilling from the witness, on the 28th of December—I gave it to the officer—I asked the prisoner from whence he came—he told me he resided at Deptford—I questioned him as to how he got his living—he said, "By selling fish or hearth-stones"—I gave him to the policeman, with the shilling.

SAMUEL EAST (police-constable R 156.) I took the prisoner on that occasion, and have the shilling which I got from the last witness.

SOPHIA TOWNSEND . My husband keeps a pastry-cook's shop at Woolwich. On the 30th of December the prisoner came for a penny cake—I served him—he gave me a shilling—I put it into the till, and gave him 11d.—it was not taken out of the till before night—there was no other shilling in the till—there were sixpences and halfpence—I bit it at the edge before I put it into the till—Bonniface, my son-in-law, came to the till afterwards, and he took the same shilling and put it on the shelf.

WILLIAM HENRY BONIFACE . On the evening of the 30th of December, I went to the till, and saw a bad shilling there—I put it on the shelf, and after that I gave it to the officer.

ELIZABETH BARTLETT . I live at No. 22, Richard-street, and am the wife of Thomas Bartlett, a pork-butcher. On the 30th of December a lad came to my shop—I cannot swear it was the prisoner—he asked for a penny saveloy—he put down what I supposed to be a shilling—I took it to the gas, and thought it was a bad one—I bit it and gave it to my husband.

THOMAS BARTLETT . I am the husband of the last witness. I got this shilling from my wife, but I did not see the boy's face—I went to the door and saw a boy running from my door—I saw a policeman, and gave him a description of the boy—I was sent for the same night to the police-station, and saw the prisoner, who I believe was the boy who ran away—I put the shilling into my left-hand waistcoat pocket, and gave it to the officer—I have not a doubt the prisoner is the boy, but I never saw his face, and would not swear he is the boy.

CHARLES STEWART WARDEN . I am a constable of Woolwich. On the 30th of December I received information from the last witness, and apprehended the prisoner—I took him to the station-house, and searched him,

but after I had followed him round the town, from the description I had, he joined another lad—they walked together, and when they came to the next gas-light they had changed a cap for a hat—Griggs then wore a hat, and Savage a cap, and before that Savage had a hat on—the other lad was taken, and five sixpences were found on him, and some coppers—I received a shilling from Bartlett, and this other one from Boniface.

MR. JOHN FIELD . I am inspector of coin to Her Majesty's Mint. These shillings are both counterfeit, and both from the same mould.

Prisoner. I did not know that they were bad.

GUILTY . Aged 17.—Recommended to mercy by the Jury.

Confined Three Months.

Reference Number: t18380129-646

646. ANN WHEELER was indicted for stealing, on the 26th of December, 1 shawl, value 5s., the goods of George England.

JANE ENGLAND . I am the wife of George England, and live in the Edgeware-road. I went to Greenwich to spend the Christmas at Mrs. Ayres's and another friend—I had a shawl, and lost it on the 26th of December—this is the shawl.

MARY AMBROSE . This is the shawl the policeman took out of the prisoner's box—I do not know where she lodges—the prisoner brought the box to me herself—I saw the shawl taken out of the box which the prisoner brought to me on the 27th of December.

JAMES WILD (police-constable R 141.) The prisoner had been committed to take her trial at Maidstone, and from circumstances which occurred, I found her box was at Mrs. Ambrose's, and there I went and found the shawl—the prisoner was taken from Mrs. Ayres's, the landlady of the Red Lion, where the prosecutrix was.

Prisoner. I found it in the passage—I do not know any thing of it.

JANE ENGLAND re-examined. I do not know that I dropped the shawl—when I came to dress in the morning I could not find it.

GUILTY . Aged 19.— Confined Six Months.

SURREY CASES.

Before Mr. Sergeant Arabin.

Reference Number: t18380129-647

647. RICHARD JOHNSON was indicted for stealing, on the 25th of January, 1 shawl, value 1s.; and 1 coat, value 11s.; the goods of John Dodsworth.

JOHN DODSWORTH . I am a cab-driver. On the 25th of January I was at a coffee-shop in Farringdon-street—I put my horse and cab up, and went in there to have a cup of coffee—I took my shawl off my neck, placed it in my coat pocket, and I took my coat off—I remained there half an hour or more—the prisoner and two Others came in—the prisoner left before I did—I missed my shawl, and went to a beer-shop which he frequented—he went by the name of "Dick the painter"—I found him at nine o'clock in the morning, with three others, playing at cards, at a beer-shop opposite the Elephant and Castle—he had the shawl in his hat, and he offered it to me for sale for 1s.—he offered it to another person before me—when he offered it to me I said, "It is not good enough for me," and

immediately called in a policeman—I gave him in charge for robbing me of my shawl and coat—this is my shawl—(looking at it.)

Prisoner. Q. Did you see me take the shawl? A. No—you offered it to me for 1s., and to another man before I came in.

JURY. Q. Have you any mark on it? A. No further than the wear of my beard—I am positive it is mine.

ROBERT CLARK . I am a policeman. On the 25th of January the prosecutor came across to me—I went into the beer-shop, and secured the prisoner—I took the shawl from his hat.

EDWARD ELLIOTT . I am a policeman. Between four and five o'clock, on the 25th of January, I was on duty in the London-road, and saw the prisoner go into the Prince of Wales public-house, with a great coat on, and this shawl on his neck—I went in and had some beer, and said to him, "Dick, what have you been at?"—he said, "I am driving a cab now"—I said, "Where is your cab?"—he said, "It is on the stand, I shall take it home"—the great coat was rather dirty, and had a velvet collar.

Prisoner. I bought the shawl of a cab-man.

GUILTY . † Aged 22.— Transported for Ten Years.

Before Mr. Serjeant Arabin.

Reference Number: t18380129-648

648. GEORGE ATFIELD and WILLIAM GEORGE WARD were indicted for stealing, on the 19th of January, 18lbs. weight of beef, value 9s., the goods of Stephen Abraham Lamb, their master.

THOMAS WINCH (police-constable M 140.) Last Friday night week I was in company with another officer—I passed by the prosecutor's shop, which is near the Alfred's Head, at the end of London-road, about a quarter-past ten o'clock—as I was passing by I saw a dog eating something—I turned my lantern on, and found several joints of meat concealed under some straw under the shop window—the shutters were put up—the meat was on the pavement—in about five minutes I saw the two prisoners come out of the shop, and look up and down, as if looking for somebody opposite—Atfield asked me if I had seen Carotty Jack—I think they knew me—they were Mr. Lamb's servants—when I returned, there was a third person in their company—I went to the Alfred's Head, and remained there some time—they all three kept walking up and down for three quarters of an hour, and then went into the Alfred's Head—I informed a brother constable of it, and saw them looking now and then outside the door, to look for somebody—the third person passed us several times, and joined them in the Alfred's Head—we went into an opposite shop; and in about ten minutes the third man ran by, and not seeing us he went to the Alfred's Head—they all three came to Mr. Lamb's shop; the prisoners stood before the third man, and concealed him with their aprons, while he took the meat—we ran across, and the man dropped the meat, and I took the two prisoners into custody—the meat was shown to Mr. Lamb afterwards—I believe the third man got from my brother officer.

Cross-examined by MR. DOANE. Q. The dog first attracted your notice? A. Yes—the third man came up and joined them, and took the meat—the meat was under the straw, under the window—it would not be seen by any body in the street, as there is a step projecting, and a person passing would not come against the meat—neither of the prisoners had the

meat in their possession; but they stood before it, concealing the man while he took it up.

Q. Did you see the men come out? A. Yes—I had my eye on them—when I first saw them I was not a dozen yards from them—it was lamp light—I could see them well—I never saw them with the meat—the third man took it, an hour and a half after they first came out—I had concealed myself for the last half hour.

EDWARD ELLIOTT (police-constable L 111.) I was with Winch—he has told the story quite correct—I was concealed with him in a passage, and I saw the two prisoners come down with a third person—the prisoners stood with their backs towards the window, while the third man took the meat up and walked away—he then ran away—I pursued after him—he dropped the meat and ran down Newington Causeway—I got hold of the tail of his coat—he said, "For God's sake leave go of me"—my foot slipped against a post, and he got from me, it being slippery weather.

Cross-examined. Q. You could see the third man take the meat? A. Yes.

STEPHEN ABRAHAM LAMB . I am a butcher. The meat in question was shown to me, and I knew it to be mine—there were three pieces of beef, and one piece of mutton, twenty-one pounds altogether—the prisoners were both in my service as journeymen—I had opened this shop only a week—they had not been longer in my employ—I had another man and a boy, but they slept in the house—the prisoners slept out of the house—I had a violent cold, and had gone to bed, desiring them to shut the shop up—the policeman rang me up in the middle of the night.

Cross-examined. Q. Was not the straw put there on account of the severity of the weather? A. Yes—it was put there by my directions—I had a great deal of meat in my shop—meat of all kinds.

Q. Can you take on yourself to say, beyond all question, that this meat was ever in your shop at all? A. I will take my oath I bought it at Leadenhall-market, and Smithfield—I can swear to it—I bought four quarters of beef at Leadenhall-market, of Mr. Stiff, a wholesale butcher—I am certain, by the quality of the beef, and all the general appearances—the meat was cut into quarters, and offered in my shop for sale, perhaps, the day before the robbery—Mr. Stiff has an immense quantity of the same sort of beef—I had no mark on this—this was the last Mr. Stiff had of this sort—I do not think he had sold a great deal of it—I will swear I never sold any of what was stolen—I sold none of that part—I had sold some of what I bought of Mr. Stiff, but none of what was stolen.

COURT. Q. DO you believe it is your beef? A. I do—I can swear to it—I did not miss any when my attention was called to it—we had sold various pieces—I did not look round, being ill in bed, and next morning I had to go to market—I am satisfied it is my meat.

(The prisoners received good characters.)

ATFIELD— GUILTY . Aged 23.)

WARD- GUILTY . Aged 24.

Confined Three Months

Before Mr. Sergeant Arabin.

Reference Number: t18380129-649

649. HENRY HARDING was indicted for stealing, on the 4th of November, 1 box, value 1s.; and 70lbs. weight of metal type, value 7l.; the goods of John Godfried Schroeter Teuten.

JOHN GODFRIED SCHROETER TEUTEN . I am a printer, and live in Regent-street, Newington. The prisoner assisted me in moving and putting my things to rights, for three weeks—during that time I was doing no business—he did a job or two on his own account, which I allowed him to do—he took the advantage of that, and took my property away, and pawned it from time to time—I have seen a box containing 70lbs. of metal type at Mr. Hitchcock's, the pawnbroker's, but it is too heavy to bring here—I saw it at the pawnbroker's, and it is my property—it is a mixture of all sorts of type, and among it is some foreign type, from the Continent—I found about 5cwt. altogether there.

Prisoner. Q. Did you ever send me to pledge any type for you? A. Never—I went with you and several men, in consequence of getting into trouble, having 801. rent to pay—I took you and several others with some type, and pawned it—I named to the pawnbroker the reason of my doing so, but that I redeemed again.

Q. Did you send me with a boy, with some type, into Drury-lane? A. I did once, I recollect, but this was pawned unknown to me.

JAMES HITCHCOCK . I am a pawnbroker, and live at No. 6, Little Russell-street, Covent-garden. I produced a quantity of type to the prosecutor, which he claimed—it was pawned by the prisoner.

Prisoner. Q. Had I been there before? A. You had been previously with Mr. Teuten, to pawn type.

JAMES HUNTINGDON . The prisoner came to my father to borrow a truck, to take to Union-street—he loaded it with something in a box, and took it away—he hired me to go with him.

Prisoner's Defence. The prosecutor several times employed me to pawn his type and paper—I have pledged a whole work for him—he has said, at different times, "I am short of money, can you tell how I can make some, to sell some paper, or do any thing?"—on one occasion, when he sent me to pawn type, I told him I could not carry it—he told me to hire a truck, and to pawn his composing stick to pay for the truck, which I did, for 1s.—I then hired the boy and the truck—I was three weeks in his service—one week he gave me 4s., another 8s., and the next week nothing at all—I had the key of the premises, and when I wanted type, I went to fetch it.

MR. TEUTEN re-examined. I never authorised him to pawn it at all—I never had any part of the proceeds of it.

GUILTY . Aged 21.— Transported for Seven Years.

(There were two other indictments against the prisoner.)

Before Mr. Justice Vaughan.

Reference Number: t18380129-650

650. WILLIAM WARREN, alias Carpenter , and THOMAS HOBDEN , were indicted for stealing, on the 4th of January, at St. George the Martyr, Southwark, 2 geldings, price 81., the property of Walter Barton May.

MR. DOANE conducted the Prosecution.

ROBERT BROOKES . I am a labourer in the employ of Mr. Walter Barton May, who lives at Hadlow, in Kent, and is a gentleman farmer. I had the care of two geldings of his—on the 3rd of January I put them into the yard, and fastened the gate, near upon six o'clock in the evening—I went at half-past

five o'clock next morning to feed them, and found them gone—I gave information of it—there was no lock on the gate.

JAMES CHAMBERS . I am inspector of slaughtering-houses. On the morning of Thursday, the 4th of January, about nine o'clock, I went to Mr. Gidden's slaughtering-house, in Green-street, Friar-street, Blackfriars-road—I there saw the two prisoners and two geldings at the slaughter-house—they were offering them for sale—Warren appeared as the master, and Hobden as his servant—I heard Hobden say he had nothing to do with it—that he was employed by his master, Warren—Warren heard him say so—I asked Warren if they were his own property—he said yes, they were—Warren offered one of them for sale for 30s.—I considered it worth 4l. or 5l., and asked him where he brought the horses from, and how long he had had them—he said he had had one eight months, and the other six, and that he came from Hadlow—he said he used them in a fish cart, and for drawing stones and coal to and from Hadlow—Hobden did not seem to interfere in it—he said Warren was his master—I gave them into the custody of Smithers the policeman, and took care of the horses at a livery-stable in Obelisk-yard—one was brown, and the other bay.

WILLIAM PRALL . I am bailiff to Mr. May, of Hadlow. After missing the horse, in consequence of information, I came to town, and saw the geldings, on the 8th of January, in the Obelisk stable—they were master's, and had been safe on the 3rd—they were worth 5l. each when they were at home—they are now worth about 4l—they had come up without shoes—one of them has lost its shoes—Hadlow is thirty-three or thirty-four miles from the slaughter-house—they were not in very good condition—I know the prisoner Warren—he did live at Hadlow, but not at that time—he was not employed there in drawing stones and fish at that time—it was impossible for him to do so without my knowledge—I have been there about twelve months, and I was with the prosecutor before—I know Hobden—he is a native of Hadlow—I saw Warren at Hadlow a few days before he took the hones away—I do not know whether he lived there or not then—I cannot tell whether Hobden was servant to Warren—I do not know how he got his living—I saw them both about Hadlow, in company together, a few days before—they had no regular employment to my knowledge—Hobden once came to me for a job, a few days before the horses went away—he did not say he was anybody's servant—master bought one of the geldings last May—I know both of them belong to him—he has had one fifteen or sixteen years.

JOSEPH SMITHERS . I am an officer. I received the prisoners in charge from the Inspector.

Warren's Defence. I was in distress, and took it from want.

WARREN— GUILTY . Aged 20.

HOBDEN— GUILTY . Aged 23.

Transported for Ten Years.

Before Mr. Baron Bolland.

Reference Number: t18380129-651

651. CHARLES WHITE , WILLIAM REGAN , and JOSEPH JENKINS were indicted for feloniously breaking and entering the shop of William Nehemiah Parssons, on the 17th of January, at St. Saviour, Southwark, and stealing therein 1 jacket, value 2s. 6d.; 1 pair of compasses, value 2s.; 1 tool-bag, value 6d.; his goods; 1 jacket, value 4s; 1 pair of trowsers, value 4s.; 1 pair of shoes, value 4s.; 1 saw, value 2s; the goods of Dennis William Flyn: 1 shirt, value 4s.; 1 handkerchief, value 2s.; and 1 pistol, value 2s.; the goods of Thomas Salliss : and THOMAS JENKINS for feloniously receiving the same goods, well knowing them to have been stolen. Another COUNT charging the said Thomas Jenkins as an accessary after the fact.

WILLIAM NEHEMIAH PARSSONS . I live at No. 16, Church-street, Blackfriars-road, and am an engineer. I have a workshop in Love-lane, St. Saviour's—in consequence of information I received, I went to the workshop on the morning of the 18th of January, and missed some brass carriages, and part of another—I also missed a jacket belonging to me, and two other jackets—we did not miss the compasses till we found them in the tool-bag—we did not miss any thing particular, except the brass carriages, till the property was found—when I got to the workshop I found that it had been broken open—the lock of the door was broken—I found the policeman and my apprentice at the workshop, and a lad there gave me information of what he had seen.

THOMAS SALLISS . I am apprentice to Mr. Parssons, and work at the shop in Love-lane. I went down to the shop on the morning of the 18th of January, and found some brass carriages missing—one and part of another—I did not miss any thing else at that time—on the night before, which was the 17th, about six o'clock I locked the shop up—they had broken the lock off the door—I did not miss the shirt and handkerchief at that time—I went with the policeman Stevenson on the morning of the 18th to a house in Guildford-street, where the prisoners lodged—it is kept by a man named Davis, who keeps a pork-shop—I found there. some jackets, a shirt, a pair of shoes, a saw, a pistol, a pair of compasses, and other things—part of the things were my master's—the shirt and pistol were mine—the jacket, tool-bag, and compasses belong to my master—and this jacket, a pair of trowsers, a pair of shoes, and a saw belong to a workman named Flyn—we found all these things at Davis's—Stevenson has the property—I have seen White and Regan about many times, but not Jenkins—they have nothing to do with our premises.

DENNIS WILLIAM FLYN . I am a workman of Mr. Parssons—I received information from the policeman, and went down to the shop—I missed a saw, and all my things were gone—I had seen them safe on the night of the 17th, when I was at work on the premises—I went to the station-house in Southwark-bridge-road, on the 18th, and there I saw and identified them—I did not go to Davis's—I have seen the prisoners, Regan and Jenkins, once or twice about—I did not know where they lived—I saw them three or four days previous to the robbery, or it might be a week—I believe I saw Joseph Jenkins in a public-house, but I am not exactly certain.

Q. Your deposition states that you saw him the night before the robbery, near your master's shop—had you done so?—A. No.

JOHN LAUREL . I am thirteen years old, and live at No. 2, Elizabeth-place, with my father, at the back of Mr. Parssons' workshop. On the 17th of January, between eight and nine o'clock at night, I saw the prisoners, White, Regan, and Joseph Jenkins, near Mr. Parssons' workshop—they were at the front of the shop—Jenkins and Regan were waiting outside, and White was inside the premises—I saw a light inside the premises, and saw White come out with a light in front of the shop, out of the door—I could not see that he had any thing else with him, it was so dark

—he had a light with him, but I could not see whether he had any thing in his hand—I went in and told my father—the boys saw me—I was coming home with my errands to my father, Joseph Jenkins pretended to be drunk—White put the candle behind him, and put it out—I went home and told my father.

GEORGE STEVENSON . I am a policeman. In consequence of information which I received I went to the prosecutor's shop—I found the street door broken open—the bolt of the lock had been broken short off—I saw the witness Laurel standing at the door, and questioned him about it—I then proceeded to No. 56, Great Guildford-street, to Mr. Davis's porkshop—I found the prisoner White on the stairs, and, suspecting him, I took him to the station-house.

Q. Your deposition states, "I went to the house of Jenkins, No. 58, Great Guildford-street, and apprehended White?" A. It is a lodging-house—Davis rents the shop weekly, and every room in the house is let to different individuals—when I took White to the station-house, I proceeded back to Guildford-street—the house is kept by an old blind lady—the prisoner Thomas Jenkins occupies the front room, first floor—he only lodges there—I had another constable with me—we went up stairs to the first floor front room, and found the prisoners Joseph Jenkins, Regan, and Thomas Jenkins, and Mary Jenkins, and Ann Jenkins, his two daughters—it was between eight and nine o'clock in the morning—they were all in bed undressed—in two beds—Thomas Jenkins was in one bed with his eldest daughter, and Joseph Jenkins, Regan, and the other daughter, were all in one bed on the floor—when I went into the room, they poked their heads up, and asked what I wanted—I said I had come on suspicion of a robbery they had committed—Thomas Jenkins said no robbery had been committed, and there was nothing in that room but what was his—I told them to get up and dress themsleves—Joseph Jenkins got out of bed first to put his clothes on, and as he took them off the bed to put them on, I searched them, and found a pistol in his jacket pocket—Regan got up, and took his jacket up, and I found a pair of compasses in his pocket—Laurel was with me—I sent him over to the workshop to tell Mr. Parssons to come over—I found a candle in Joseph Jenkins's cap—there were a great many Lucifer boxes in the room, and one in Joseph Jenkins's and in Regan's pockets—there was a large patch of tallow-grease on Joseph Jenkins's hair, where he had put his cap on and never wiped it off—we made a search, and found a saw under Thomas Jenkins's bed—I saw the other constable find a pair of shoes under Thomas Jenkins's bed, and two jackets and a pair of trowsers on the bed—I produce the property.

MR. PARSSONS re-examined. This bag belongs to me, and is my tool-bag; this jacket and compasses are also mine.

DENNIS WILLIAM FLYN re-examined. These are my shoes and saw.

THOMAS SALLISS re-examined. This pistol belongs to me, and this shirt.

THOMAS MOTHERSELL . I am a policeman. I assisted Stevenson in taking the prisoners into custody—I went into the room where the articles were found—I found this pair of shoes under Thomas Jenkins's bed—he said at first that they were his own—I afterwards told him they belonged to Dennis Flyn—I held them up in my hand, and showed them to him, and said, "They belong to Flyn"—Flyn came up the stairs at the same time and then Jenkins said he had made a mistake.

HENRY BIRKETT . I am a policeman. I went with the other two witnesses

down to the prisoners' house, and found two jackets, a pair of trowsers, and a shirt on the bed of Thomas Jenkins—I was holding them up and asking who they belonged to—I said, "Whose are these?" not particularly addressing him; but he said there was nothing there but what belonged to him; there was nothing there but his clothes—that was after he had got up—he did not say any thing more—he claimed the shoes as his property, and after being questioned, said he had made a mistake.

Q. Can you take on yourself to say, that his saying it was a mistake, did not apply to the whole of the property, or to the shoes only? A. To the shoes, because they were shown to him by themselves—I had not searched the bed at the time the shoes were shown to him.

Regan's Defence. The old man had nothing to do with it.

Joseph Jenkins' Defence. I can only say that my father knew nothing at all about it—he was in bed when I came home, and did not know that the things were in the place.

Thomas Jenkins' Defence. I did not know that there was a thing in my place—I was in bed when the policeman came in.

MR. PARSSONS re-examined. I have known the old man working for Mr. Wingfield about three years—I never heard any thing against him—I really do not think he knew any thing of the robbery—as to receiving them I can say nothing about—he always seemed a very industrious man.

WHITE— GUILTY . Aged 14.

REGAN— GUILTY . Aged 17. JOSEPH JENKINS— GUILTY . Aged 24.

Transported for Ten Years.

THOMAS JENKINS— NOT GUILTY .

Before Mr. Justice Vaughan.

Reference Number: t18380129-652

652. DANIEL MAHONEY, PATRICK MAHONEY , and THOMAS BRYAN were indicted for the wilful murder of John Bryan; they were also charged on the Coroner's Inquisition with the like offence.

MR. BODKIN conducted the Prosecution.

MARGARET DOWNIE . I live in Red-cross-alley, in the Borough, in the parish of St. George-the-martyr. I remember the day after Christmas-day—I was in the court about a quarter to eight o'clock that evening, and saw the prisoner Bryan—he lives in the parish—I saw him when he first came into the court—he came by himself—his wife had come before him—I knew the deceased John Bryan, and had lived three years next door to him—he had a brother named Jerry Bryan—there had been a quarrel that evening between Jerry Bryan and the prisoner Thomas Bryan, and blows passed between them—that was at a quarter to eight o'clock—a very few words passed between them, and then the blows took place—the women interfered when they were fighting, and took Jerry into the deceased's house, and after that the prisoner, Thomas Bryan, went away from the court—he did not say any thing when he went away—he was gone about ten minutes or a quarter of an hour—the court was quiet while he was gone—there was no disturbance then—neither of the Mahoneys were present at the first quarrel—in about ten minutes or a quarter of an hour Thomas Bryan came back and the two Mahoneys with him—Daniel Mahoney was in his shirt sleeves, and I think Patrick had his jacket off—Daniel is the son of the other—I did not see any thing in either of their hands at all—when they came, Thomas Bryan said, "Where is e'er a b—Bryan now? I am not alone now"—he said to the elder Mahoney, "Never mind, gossip"—

(that means a person who has stood godfather to a child)—Mahoney said he had been listening for a long time, and did not know that Bryan, his gossip, was concerned in it, or he would have come—(I had told Bryan's wife to go home before that)—I said, "There is no Bryan here to answer you"—Thomas Bryan said, "Never mind, gossip, I shall see John the Iron, either over the bridge or on this side the bridge"—(the deceased was called John the Iron—he worked at Mr. Alderman Thompson's iron-wharf)—Thomas Bryan then said, "Never mind, gossip, if I do not see him to-night, or any of the Bryans, I shall meet them over the bridge to-morrow, or on this side the bridge, or any of his brothers, I don't care which it is, and I will give them blood to drink, or they shall give it to me."

Q. Was there any appearance of any of the Bryans out in the court at that time? A. No—the prisoners then went away—they went the same way as they came—after they were gone, Jerry Bryan, the deceased's brother, came out of his house into the court, and asked who was looking for him—upon which the two Mahoneys returned, but not Thomas Bryan—the two Mahoneys came right up to my door—Jerry Bryan was standing under the lamp at my door—the elder Mahoney (Patrick) came up, and shook hands with him very heartily under the lamp by my door, and asked him how he did—young Mahoney (Daniel) also came up the court, but I did not hear him say any thing—a young man named Reardon also came up the court, and tome others whom I did not know—they went two doors from my house—I did not hear the deceased's wife call out after that—I heard nothing; but I heard a row between Jerry Bryan and some of the women, at the second door to me where they had gone.

Q. Did you hear anybody, on the row taking place, call out for the deceased to come out? A. I did not hear him called out myself, but I saw him come out of his brother Patrick's house—not out of his own house—(Jerry had been in that house) before that the deceased had come out of his own house with his child in his arms, and took the child to his brother Patrick's house; and when he was called, he came out of his brother Patrick's house, which is four doors from his own house—I did not hear him called—when he came out of his brother's he went into his own house, and came out again—he hardly staid a minute in his own house—when he came out he went down to where the mob was—where the row was going on—it was in the same court—Redcross-alley.

Q. Did you see what he did when be went down there? A. I heard him saying, "In the name of God, what do you all want here?" and I saw no more of him till they dragged Jerry Bryan away from the row—presently I saw a kind of clearance, and they dragged Jerry Bryan into the deceased's house—I then saw the deceased on the ground, and noticed a great quantity of blood come from his head—I did not see any blow struck myself—Mrs. Grant and Michael Bryan went to pick him up—Michael Bryan is no relation to him, nor to the prisoner Bryan.

Cross-examined by MR. PAYNE. Q. Can you tell which of the parties were sober? A. On my word, I think most of them were sober—I know Jerry Bryan was in liquor—I saw the beginning of the row among the women—I did not hear of any disturbance before the one I saw.

Q. How many Bryant live in that court? A. There are three brothers and a nephew—I cannot say whether the prisoner Thomas Bryan was the

worse for liquor—I cannot say that he was much—it was Boxing night—Thomas Bryan went away with the Mahoneys, not by himself, when they first left—I do not know that Jerry Bryan was taken down the court by the deceased's nephew—I am quite sure about the words Thomas Bryan used when he came back with the Mahoneys—, he called out whether there is ever a Bryan here; and said, "If I was alone a while ago, I am not alone now;" and Mr. Mahoney said, "I have heard the disturbance a long time, and little did I think it was you there, or I would have been here before now and cleared the court"—he said, "Never mind, as we cannot find e'er a Bryan now, I shall find him to-morrow, or either of the brothers, I don't care which it is; I shall give him blood to drink, or he shall give it to me"—the deceased had come out of his own house first with the child, and took it to his brother's house; but when he was called out he brought the child back to his own house, left it there, and went down the court.

Q. What became of you when you heard him say, "In the name of God, what do you all want here?" A. I stood at my own door, which is not within four doors of them—I could not see what was going on—it was very dark, and I was very ill—there was a row seemingly at the bottom of the court—there were a good many people there—there were none of the other Bryans there, that I could see, but Jerry.

Q. When the deceased came out of his house, and went down to the bottom of the court, how many Bryans were there? A. Jerry and his wife—there was no other Bryan that I could see, only Thomas Bryan—I did not see whether the deceased did any thing, when he said, "What in the name of God do you all want here?"—it was too dark.

COURT. Q. HOW long after that did you see the deceased on the ground? A. Not long, it might be a quarter of an hour.

MR. PAYNE. Q. What occurred between that time, you do not know, was there any quarrelling and noise during that time? A. There was.

MR. BODKIN. Q. Had the deceased any thing in his hand besides the child when he came out? A. No—he did not speak with any anger at all when he went up, and said, "In the name of God, what do you all want here?"

JOHN GRANT . I am going on for eleven years old, and live with my mother in Redcross-alley. I remember last Boxing night—I was standing in the alley, on the railing, about eight o'clock in the evening—I saw the two Mahoneys in the alley—I think they were in their shirt-sleeves—I saw them when they first came up the court—I did not see Thomas Bryan with them—the court was quiet when they came in—Jerry Bryan and Thomas Bryan had been quarrelling before this, but Jerry had gone into his house, and Thomas Bryan had gone out of the court—he did not live in the court—I did not hear either of the Mahoneys say any thing when they came into the court, but I afterward saw young Mahoney with a poker hitting the deceased, John Bryan—I did not see him with the poker when he came into the court—I do not know whether he had it or not when I first saw him—I knew the deceased—I saw him come into the court—he came out of his brother's house—he came out of his own house first, with his little boy, and went into his brother's house with it—about a quarter of an hour after I saw him come out of his brother's house with the child in his arms, and go into his own house with the child—I did not see him come out of to his

own house again, but I saw him afterwards in the court, near his own house—I had not heard anybody call before be came out, nor before I saw him standing in the court.

Q. What did he do after you saw him standing near his own house? A. I heard him say to Thomas Bryan's wife, "You had better go home in peace," as Tom Bryan's wife was quarrelling with the deceased's wife—the Mahoneys were not there then—they had not returned—(they bad come up once in their shirt-sleeves, and gone away again)—I did not see the deceased do any thing after the Mahoneys came up the second time—I saw him in the court—I saw young Mahoney come up the court with a poker—the deceased was in his own house then, smoking hit pipe—it was after that he came out with his child, and went back.

Q. Did you see either of the Mahoneys do any thing to the deceased? A. Yes, I saw the youngest one (Daniel) hit him on the shoulder with the poker—it made him stagger a little, and I saw him (Daniel) hit him twice more on the head with the poker—he then fell—he was close by the railing at that time, and I was standing over him at the tine he was struck.

Q. Before young Mahoney struck the deceased, did the deceased strike him, or attempt to do so? A. No, I did not see it—I do not think he could have done it without my seeing him, where I was—I did not hear them say any thing to each other before the blows wore struck—the deceased had no hat on—he had what is called a Jerry cap, which fits close to the head—old Mahoney was standing by while the deceased was being knocked down; and after he was down he came and kicked him—he was about as far from the deceased at the time he was knocked down as I am from you—(about six yards)—I did not hear him say any thing at the time the deceased was being knocked down—he kicked him twice after he was down—he kicked him once first; then his wife, who was among the women, came and kicked him; and then he kicked him again—he caught hold of his wife's clothes, and kicked him—I did not see in what part of his body he kicked him—the deceased had his cap on while he was on the ground, and he had his hands over his head—I did not notice either time where he was kicked—they were not very hard kicks—I did not see any more of the Mahoneys after that, for they ran away—I did not see any policeman come—I hallooed out "Murder!" and the Mahoneys ran away—Mrs. Williams was at her window at the same time, and she called "Murder" also.

COURT. Q. Was it a dark night or not? A. The lamps were lighted—they are gas lamps, but there were a lot of women and men, and they took the light away—the lamps did not give much light where this took place—there was light enough for me to be sure that young Mahoney knocked the deceased down with the poker, and old Mahoney kicked him—I saw them quite plain—I did not notice what was done with the poker.

Cross-examined. Q. Where did the deceased come from at the time you lay young Mahoney struck him with the poker? A. He came out of his own house, and was going into his brother's house—he did not come from the bottom of the court where the disturbance was—he came out of his own house—I was standing on the railing, and stood over the deceased when he was struck.

Q. If you stood over him, why could you not see where he was kicked? A. Because it was dark down there—it was more dark on the ground than in any other part—persons were standing between the lamp and young Mahoney,

and that made it dark—I had been standing on the railing almost half an hour—I did not see the deceased come out of his own house, and go down the court where the quarrel was—I was before the Coroner at the first examination—I was not sworn the first day—I was not asked any questions the first day, because I did not know the Lord's Prayer—a Catholic priest gave me instructions, and then I was sworn—I could not say the Lord's Prayer the first day, and I was taught it by the priest—I was never before a Magistrate in my life before—I did not hear any one say, "Will you see your mother struck?"—a person named Mary Ann Bryan was in the court—she lives at No. 6—she is no relation of the deceased—his wife's name is Peggy, I believe—old Mahoney did not say or do any thing while his son struck the blows—he was near to the dark part of the court.

Q. You say he pulled his wife by the gown, are you quite sure he did not stumble over the man, and kick him by accident? A. No—he stooped his head—he kicked him about the head, I dare say, for he kicked towards his head, but it was so dark I cannot tell where it was exactly.

MR. BODKIN. Q. There were people between where you stood, and the gas-light? A. Yes, and that made it dark on the ground—I could see the faces of the people, but it was dark on the ground.

ELIZABETH CHARLOTTE WILLIAMS . My husband is a tailor. I knew the deceased, John Bryan—he worked at an iron manufactory, I understand—I live at No. 4, Red Cross-court, or alley—I believe they call it alley—on the day after Christmas-day I was at home, in my bed-room, on the first floor, between nine and ten o'clock—it was not ten o'clock—I heard a scream of murder, and threw up my window—I saw several people fighting together, but it was very dark opposite my door—I saw a man in his shirt-sleeves, with a heavy weapon in his hand—it appeared a very large poker or an iron-railing—it was very long—I saw him give three different blows, but there were five or six people there, and I cannot say whether he gave all the blows to one person—my window was not further from them than from me to the Bench—(about seven yards)—I left my window just to go and put my hand on my child, and then returned to it—there then appeared nobody in the court, but I saw somebody on the ground, and a man in his shirt-sleeves came up and kicked him—I could not tell whether it was a man or a woman on the ground—I saw a man in his shirt-sleeves just come to the body and kick it with his right foot.

Q. Did you see where he kicked it? A. About the white part of the body—it must have been the upper part of the body because he had a white smock-frock on—I could not tell whether it was the head then, not knowing whether it was a man or woman—the man then went past the body a few steps, and seized a woman by her gown.

COURT. Q. When you first looked out, did you see more than one person in shirt-sleeves? A. I only noticed the person using the weapon—I cannot say whether that was the same person that kicked the body.

MR. BODKIN. Q. Did you notice whether the man who kicked had the weapon in his hand? A. No—he had nothing in his hand when he kicked—he seized a woman by the waist and turned round, and as he passed again he kicked the body with his left foot—he kicked then on the other side of the body—on the lower part of it—farther from the head—the other persons were gone away then—I saw nobody else in the court—I saw four or five when I looked out the first time, or there might be six,

when the weapon was used, but it was in a dark part of the court—I called out that somebody was murdered, and then Michael Bryan came up to the, body—I saw nobody the last time of looking out, but one man and a woman—I stopped to shut the window, and while I was doing that I heard them say it was John Bryan, the deceased—when I came down he was led away by two policemen—he walked along between them.

MICHAEL BRYAN . I live in Red Cross-alley. I knew the deceased John Bryan, but am not related to him. About eight o'clock in the evening, on boxing-day, I was at my own door, in the court, and saw the prisoner Thomas Bryan there—I heard him inquiring for John Bryan, or any of the Bryans, and he said he would serve them so and so; that he would jump on any of the Bryans in the court, and if he did not catch them then he would have John Bryan as he was going backwards and forwards on London-bridge to his work, (the deceased used to go over the bridge to work,) and he said if he did not have help then he would go and bring help, that he would bring his gossips from the Back-alley—the Mahoneys—I have been told that the Mahoneys do live in Back-alley—Thomas Bryan then went away, and was gone for a quarter of an hour or better—I did not see him return with the two Mahoneys—I know Jerry Bryan, the deceased's brother—I did not see him come out of the house, but he was at the bottom of the court, and was rather in liquor, and a great many women had a quarrel down at the bottom of the court—I did not see the deceased there—he was next door to me, at his brother's house—I saw him come out, with his child in his arms—I do not know what made him come out—at this time the two Mahoneys were down by his house—I followed him down the court—he put his child in doors, came out, and advised the Mahoneys to go home, and to take no notice of women's quarrels; as they had begun it, to let them finish it betwixt them.

Q. What part of the court were the Mahoneys in when he said that? A. Close to the deceased's own house—the elder Mahoney then said he would jump on any man who would say any thing against his gossip—at this time Jerry Bryan was rather in liquor, and six or seven women got round him, and were clawing him opposite the deceased's door—the deceased's wife and I assisted Jerry into the house, and got him in doors, as he was in liquor—I did not go in doors with him—the two Mahoneys and the deceased at this time were coming up the court, talking together—I followed them up, and as I came a little towards my own house, I saw something white lay against the palings—I had been two doors further up, and there were a great many women and people in the way—I did not see any thing done to the deceased, but I saw something white against the paling, which turned out to be him—he had a white smock frock on—I looked at him, and thought it was one of the women, and said I would let her stop down a bit, as she deserved it, having begun the quarrel—somebody said, "It is John Bryan," and then I went to pick him up—I saw a man standing against his head—I looked, and it was young Mahoney, holding a poker over his head with both hands, as if he was going to strike, but I did not see any blow struck—it appeared as if he was going to strike me—I said, "Mind, young fellow, don't you go to hit me with the poker, I have not interfered on either side"—I drew back—there was a door open behind me, and I got in—I got up on the stairs, and remained there two or three minutes, and when I thought they were gone I came out—I helped to pick the deceased up, and he was taken away by the policemen—I saw

no blow struck whatever—I am sure it was young Mahoney had the poker in his hand—I did not notice whether old Mahoney was there—I kept my eye on the poker—the two Mahoneys were in their shirt-sleeves when they first came into the court.

Cross-examined. Q. When Thomas Bryan came up with his wife, was he in liquor? A. Both he and his wife were in liquor—that was when he said he would jump on any of the Bryans—this began about eight o'clock and kept on till close upon ten o'clock—there was not a good deal of quarreling and fighting, only Thomas Bryan wanted to get his wife out of the court.

Q. Was there a squabble between Thomas Bryan's wife and the deceased's wife? A. I do not know—I do not know who was there at the time young Mahoney was going to strike me—I did not look at anybody—I thought to get away from the poker—I cannot tell whether old Mahoney was there then—I did not see either of the Mahoneys strike anybody.

MARY ANN BRYAN . I am the wife of the last witness. I saw the two Mahoneys come into the court—they had nothing in their hands—I saw the deceased come out of his brother's house with his child, which is two years and a half old—I did not see what became of the child—I saw the deceased talking to the Mahoneys, and heard him say that he never interfered with women's quarrels, and to go home and be peaceable and quiet—I did not hear them say any thing to that—I saw a man named Reardon striking hands with the deceased, and saying he would rather take his part, than ill use him—I heard the elder Mahoney say to his son, "Will you tee your mother struck?"—the deceased at that time was standing with hit back against the shutter of our window.

Q. Had he struck Mahoney's wife, or done any thing of the kind? A. Not that I saw—I think he could not have done so without my seeing, for I was standing close by—I then went into my house, and was gone about five minutes—when I came to the door again, I saw the elder Mahoney was putting his hands together, and he said, "Be off, all of you"—the deceased was on the ground at that time, and I saw the elder Mahoney kick him on his head—that was after he said, "Be off, all of you"—he then took I woman by the clothes and brought her along; and as he passed the body he kicked him a second time—I then put my door too, and saw no more—I am quite sure the first kick was somewhere about his head—it was not on the shoulder, it was on his head, towards the upper part—I am quite sure the kick was on some part of the head—it was a violent kick—I cannot say whether the prisoner had boots or shoes on.

Cross-examined. Q. How far were you from the man on the ground when he was kicked? A. He laid opposite No. 7, and I live at No. 6—I could see by the light of the gas that his head laid on the ground, towards where Mahoney's foot went—I can safely say the kicks did not take effect on the shoulder, or upper part of the smock-frock—there were no people between the gas lamp and the body that I know of.

Q. On your oath, was it not the light darkened by the people who stood between him and the lamp? A. On that side there was none, I am certain—there might be on the other—the lamp is by the door of No. 11—I did not see any one standing there with a poker then—there were no person but the elder Mahoney, and the woman—I could see the deceased's head—I could see the smock-frock, and the dark hair—I cannot say what part of the head it was that was kicked.

Q. How then could you tell it was the head? A. The smock-frock appeared white, and his hair was dark—he had nothing on his head, when I picked him up—if he had any thing on his head, when he was kicked, it must have been the colour of his hair—I cannot say how many people were there when Mahoney said to his son," Will you see your mother struck?"—I know there was the deceased, the two Mahoneys, Reardon, Jerry Bryan snd his wife, and my husband and myself—there had been a tumult in the court from about seven o'clock, and this was about ten o'clock; but I had bad nothing to do with it.

MR. BODKIN. Q. Was there light sufficient for you to see that the deceased had a white smock-frock? A. Yes.

MR. PAYNE. Q. HOW long were you looking on at this? A. From the time Thomas Bryan's wife came into the court, and asked when Bryan was—I did not see young Mahoney struck at at, or down on the ground—there was no fight at all, that I saw; but I never saw such a quarrel before, and I have lived there six years.

MR. BODKIN. Q. YOU say the deceased had a white smock-frock, and his hair appeared dark? A. Yes—I am quite certain it was on hit head that he was kicked.

JURY. Q. Did you see Mrs. Mahoney struck? A. No, I did not, nor do I think anybody was struck at the time—I did not see toe deceased's wife there at all.

MARY ANN BRYAN . I am the daughter of the deceased. I saw nothing of this till I found my father lying on the ground—I did not see either of the Mahoneys there then—I saw some people running, and suspecting them, I ran after them, and found it was the two Mahoneys and his wife—I called out after them and said, "You murdering villains! you have murdered my father"—Young Mahoney turned round and lifted up a poker, (I believe it was,) and attempted to strike me; but his mother said, "Don't strike the child, whatever you do to the father;" and he did not strike me—I went away into the Borough, and called the policemen—my father was not an acquaintance of these people at all that I know of—he was sober that night.

Q. Do you know what occasioned him to go out into the court? A. Yes; I believe Mary Ann Bryan came in and told him something—I did not see her come in—I heard him called out—I heard my aunt, Jerry Bryan's wife, call to him to come—my father was out at the time, and she called to him to come and assist, but he did not move then—lit was standing three doors from our house, with his back to the window—there was a quarrel going on between Jerry and the women further up the court, near to our house, a door or two from where my father was—I did not see my father interfere—they brought my uncle Jerry into our house, and all the people came in with him, leaving my father outside—my uncle was in liquor—what happened to my father when the people went out of the house, I do not know.

Cross-examined. Q. Had your uncle Jerry been qnarrelling with Mrs. Mahoney and other people in the court? A. Yes—he was brought into our house, and the people followed him—my father was outside at that time—he did not come in with the crowd—he was about three doors off when the people brought my uncle in—my uncle's wife asked old Mahoney if he came to hurt her husband, and he said he would rather take

his part—there was no quarrel between old Mahoney and my father that I know of—I do not think my father ever spoke to them.

MR. BODKIN. Q. Had your father any weapon in his hand at all? A. No—he had a black cap on—it was a white flannel cap, covered with black glazed stuff; and he had a white smock-frock.

WILLIAM ROBERT BOYD . I am assistant to Mr. Bransby Cooper, of Guy's Hospital. I remember the deceased being brought there, on the 26th of December—he was alive then, and lived till the Thursday week following, the 4th of January, when he died—he was suffering from a large wound on the left side of the head, which was bleeding profusely—there was a contusion on the left temple, and a smaller wound, near the vertex of the head—he was unable to speak when he was brought in, but was conscious of what was being done with him.

Q. I suppose it was a perfectly hopeless case from the first? A. I should say, certainly not, as far as we were able to judge when he was brought in—there was not appearance enough to prove a pressure of the skull on the brain—I examined the head after death—on removing the scalp, I saw a large quantity of extravasated blood, and discovered an excessive fracture, without any displacement of the bone—it had extended over a large artery, and ruptured that artery, and formed a large coagulum of blood, which, pressing on the brain, caused death.

COURT. Q. If you had known the state of the wound to be as you found afterwards, would you have trepanned? A. That would not have altered the case—there may be pressure of blood from various causes—trepanning is of use in cases where the pressure is from blood, and not from the bone.

MR. BODKIN. Q. Was it such an injury as was likely to have been inflicted by such an instrument as a poker? A. Yes; I think it very probable that the contusion on the temple might be the result of a kick that alone would certainly not be the cause of death—there was no mark on the shoulder when I examined after death—I did not examine it particularly before—there was no sign of violence on the shoulder after death.

Q. Were the two wounds, besides the contusion, so situated as that they might be inflicted by one blow? A. I think it possible they might be inflicted by one blow—they were about two inches, or two inches and a half apart.

Cross-examined. Q. You consider death was caused by the pressure of coagulum of blood on the brain? A. Yes; that proceeded from the rupture of a vessel which was caused by a large fracture of the skull which I found—that fracture corresponded with the wound outside.

MR. BODKIN. Q. Would the flow of blood be caused by the contusion on the temple? A. Not at all.

WILLIAM CHICHESTER REYNOLDS . I am a policeman. In consequence of hearing of this affair, I went to Mahoney's house, in Red Cross-court, Borough, just in the rear of where the deceased lived—we demanded admittance, and were refused—it was between ten and eleven o'clock at night—it was boxing-night—I found them in bed when I went in—I told them what I took them for, and the younger one said he knew nothing of it—they were undressed, but they put their clothes on—I did not see what kind of shoes the elder one had.

WILLIAM HUMPHRIES . I am a policeman. I took Thomas Bryan into

custody, on the night of the 8th of January, in Fishmonger's-alley, at an Irish wake—he lived there—I had not been looking for him before—I told him what I took him for—he said it was John Bryan's wife's fault—that he knew something about it, and it was her fault.

Cross-examined. Q. Was not what he said, that he had nothing to do with it, it was all John Bryan's wife's fault? A. No, he did not say so.

(Cornelius Cronin; Catherine Brown, of the Maze, Borough; Ellen Mahoney; Michael Mahoney; Mary Allen