CENTRAL CRIMINAL COURT.
FIFTH SESSION, HELD FEBRUARY 26, 1838.
MINUTES OF EVIDENCE,
Taken in Short-hand,
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Held on Monday, February 26, 1838, and following Days.
Before the Right Honourable Sir JOHN COWAN, Bart., LORD MAYOR of the City of London; Sir James Parke, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir William Bolland, Knt., one other of the Barons of Her Majesty's Court of Exchequer; Sir John Williams, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir Matthew Wood, Bart.; Anthony Brown, Esq.; and Sir Peter Laurie, Knt., Aldermen of the said City; the Honourable Charles Ewan Law, Recorder of the said City; Samuel Wilson, Esq.; Sir Chapman Marshall, Knt.; James Harmer, Esq.: John Pirie, Esq.; Thomas Wood, Esq.; James White, Esq.; and John Humphrey, 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.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY,
The city of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Held on Monday, February 26, 1838, and following Days.
Before the Right Honourable Sir JOHN COWAN, Bart, LORD MAYOR of the City of London; Sir James Parke, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir William Bolland, Knt., one other of the Barons of Her Majesty's Court of Exchequer; Sir John Williams, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir Matthew Wood, Bart.; Anthony Brown, Esq.; and Sir Peter Laurie, Knt., Aldermen of the said City; the Honourable Charles Ewan Law, Recorder of the said City; Samuel Wilson, Esq.; Sir Chapman Marshall, Knt.; James Harmer, Esq.: John Pirie, Esq.; Thomas Wood, Esq.; James White, Esq.; and John Humphrey, 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 Tenniner, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminl Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
COWAN, MAYOR. FIFTH SESSION.
A star (*) denotes that the prisoner has been previously in custody—An obelisk†, that the prisoner is known to be the associate of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, February 26th, 1838.
First Jury, before Mr. Recorder.
EDMUND DEANE . I live at Feltham, in Middlesex. I missed a tablecover from my garden, on the 30th of December—it was brought to me about a week afterwards by the husband of the woman who had bought it, named Ward—he is absent now, and so is his wife.
ROBERT JAMES THORPE . I am a constable, and live at Feltham. On the 30th of December my attention was called to the prisoner and another person—they passed my house, going in the direction for Mr. Deane's house—I apprehended the prisoner afterwards—he said nothing to me.
NOT GUILTY .
663. WILLIAM JOHN CLARK was indicted for stealing, on the 28th of September, 3 wooden boards, value 6s.; 1 box, value 1s.; 1 pick-axe, value 2s.; 1 crow-bar, value 7s.; 1 work-bench, value 14s.; 1 mortar-hook, value 1s.; 1 level, value 6s.; 14 pieces of wood, Value 8s.; 7 feet of water-trunk, value 2s; and 1 wooden gutter, value 1s.; the goods of William Carrington.
WILLIAM CARRINGTON . I live at No. 17, Virgil-place, Marylebone. The prisoner took a quantity of my things away, about the 28th of September—I did not see him take them, but I found part of them in his possession—I went before the Magistrate on the 30th of December—the things were lost on the 28th of September, but were not found till the 29th of December—I knew the prisoner before, he kept a beer shop—he had been to my premises—he was a tenant of mine—the house I had was mortgaged to Mr. Smith, and we let him the house—I was at work at his house, No. 20, Lloyd's-row, Clerkenwell, and was taken ill, and not able to follow my
work—I left a quantity of tools at his house—he absconded from that house, and I afterwards found my tools in three different places, not at that house—I found part of them at No. 22, North-street, Lisson-grove, part at No. 10, Marsham-street, Somers-town, and some at No. 10, Harrow-road Paddington—I found the axe and crow-bar at his house, in Marsham-street, Somers-town, concealed in the cellar, covered over with a quantity of butter-flats—they were part of the tools I had left at Lloyd's-row—he did not give any account of them—I found he had taken this house in Marsham-street, where I found the tools, but he was living at that time at No. 22, North-street, Lisson-grove—I did not find him there, but his bar and things were in the house at the time.
JOHN RYAN (police-sergeant D 2.) The prisoner was given into my custody on the 26th of December last, by one Jones, for stealing fixtures and other property from his house, No. 10, Harrow-road—I found a quantity of pots at No. 22, North-street—I traced "No. 20, Lloyd's-row" on one of them, and found out the prosecutor, who went with me to No. 22, Lloyd's-row, and missed his fixtures and tools—he then went with me to No. 22, North-street, and found several articles, which he claimed as his—he afterwards went with me to No. 10, Marsham-street, and found the two articles produced in a cellar in the back yard—the case was taken before the Magistrate, at High-street, who did not commit the prisoner, but held him to bail—last Sessions he did not make his appearance, and was taken on a warrant.
WILLIAM JONES . I am an excavator. In consequence of the prisoner's robbing me, I went in search of some of my property, and it turned out that some of the prosecutor's property was on the same premises—I was present when he sold some scaffold-boards, pick-axe, iron crow-bar, and other things, at Somers-town—I cannot positively swear that any part of the prosecutor's property was on my premises.
NOT GUILTY .
Before Mr. Sergeant Arabin
664. WILLIAM JOHN CLARK was again indicted for stealing, on the 16th of December, 1 barrow, value 16s.; 1 stove, value 2s.; 1 iron pot, value 2s.; 1 hammer, value 1s.; 80 feet of wooden partition, value 4l; 16 pieces of timber, value 8s.; and 3 casks, value 9s.; the goods of William Jones.
WILLIAM JONES . I am an excavator. The prisoner applied to me about the beginning of October about a house I have on lease, No. 10, Harrow-road—I never saw him before that—in consequence of my wife's confinement she could not attend to the shop, and she wished to let the shop and parlour, and live up stairs—I put up a bill to let the shop and parlour—the prisoner applied to take the shop, parlour, and bed-room, for which he agreed to pay 10s. a week—he talked a good deal about his property, and being a great lease-holder of property at Tring, and various parts of the country, and having a son just out of his time, he said he wished to take my shop to put him into business—we entered into an agreement—I said I wished to have 5l. for my counter and shelves—we agreed for 4l., which he paid by different instalments, and they became his property—he said he should open it as a beer shop, as his son understood the business—he fitted
up the shop in a very poor way, and no sooner had he got it fitted up, than I saw a bill in the window for the shop to let, and he let it to another man without my consent—I still lived on the premises—the bill was taken down in four or five hours—I had not time to remonstrate with him about it—he told me he had re-let it for 15l.—the young man came and lived there—he is not here—about the 16th of December, as I had a foundation to dig out in East-street, Manchester-square, I brought a young man down with me to get my wheel-barrow out of my yard, and it was not to be found—I had seen it there about the 12th—I never lent it to the prisoner—he made use of it one day without my consent, and I scolded him for doing so, and turned his lime out of it—the stove was taken out of my shed—he had nothing to do with the stove—I did not miss it till I found it on some other premises which he had taken—I also found the iron pot on some premises of his—I had kept that and my hammer in the shed, and some iron piping—after he got possession of the parlour, he pulled down the wooden partition, and placed it in the shed—I asked him what business he had to do that—he said, "Oh, I shall make it all good, I have got it safe in the shed, and when I leave your house I shall make it good."
Q. How was he to make it good? A. By replacing it—I am sure he agreed to do that—the sixteen pieces of quartering were in my shed—they had nothing to do with the partition—he absconded from my house, and stripped the place—the young man who took the shop was no relation of his, but quite a stranger—I found him out at No. 22, North-street, Lisson-grove, on the 26th of December—I knocked at the door—his son opened the door—I asked for his father, and the prisoner came—I said, "Mr. Clark, I find you have stripped my shed of all toy timber, have you got it here?"—he said, "No, I have not"—I said, "What have you done with it?"—he said, "I have got nothing belonging to you"—I had the policeman behind me—I called him, and as soon as he saw the policeman he said, "If I have got any thing belonging to you, Mr. Jones, it shall be forthcoming to-morrow"—I said, "No, we may as well have it to-night, if there is any thing here"—he pulled a door too on the left-hand side—he had a light in his tap-room—I took that, and went into the bar, and directly recognised my partition—it had been cut to pieces, and used to fit up a beer-shop at this house—it was used to make the bar—he had no right to take this partition—he had advertised this shop for sale—on searching further, I found some of my partition had been cut up to make cupboard doors of—I also found some more things; and two days after I found the stove at the back place at that house, and some iron guttering of mine—I found part of the quartering at No. 22, North-street, that had never belonged to the premises, but was my own private property—I also found my casks on those premises—I understand he had sold them to a tenant who was coming in the next day—I had never lent them to him—he had no right to them—they were taken out of my yard—when we found the partition had been used to fit up this new beer-shop, I said to him, "Now, most probably, you can inform me where I can find my barrow and casks"—he said, "Really, I cannot; I don't know where your barrow is"—on Sunday morning, the 31st, Carrington gave me information about it, and I found it in the possession of a broker—I have a witness who was present when I showed him what was included in the fixtures, for which he was to pay 4l.
Cross-examined by MR. DOANE. Q. Do you live in the same house with your family? A. Yes—I let the shop to him at 10s. a week, which he was to pay regularly—he was to remain there twelve months; but after a fortnight he underlet it to a person named Loader, who came, and the prisoner went away—he never let me know he was going—Loader is not there now—he has absconded—the prisoner paid me 4l. for the fixtures—he said 5l. was rather too much for them—he said the fixtures were hardly worth the money—I know the prisoner's son Samuel, he is a little boy.
Q. Did you not say, on the prisoner's stating to you that it was a great deal to give for such rubbish, "You must remember there are a great many articles in the yard and shed?" A. Never—I will swear I never said any thing of the kind—I never mentioned a shed or yard to him at all—the wheel-barrow was not in the yard—I cannot exactly say where it was—it might have been in the yard—I saw him using it on one occasion, when he had some lime in it, but that was without my consent—I never saw him using it—it stood up in the yard—the quartering was in the shed—I went to his house on the 26th of December—he came to me in October—he did not leave altogether—he kept the shed open as a coal-shed-Loader only occupied the shop and parlour, which he used as a coffee-shop—I let the use of the shed with the rest—I went before Mr. Rawliason about this—he would not commit the prisoner—we were not bound over, but he was held to bail.
ELIZABETH JONES . I am the prosecutor's wife. I let the place to the prisoner—he took it by the week—it was the shop, parlour, and use of the shed and the bed-room—we let it to him himself at 10s. a week—he was to have it one year, according to agreement—he was not to have the use of the barrow—I saw the barrow in the yard shortly before Christmas—I went to the prisoner, who had coals and coke in the shed—I said to him, "Where is my husband's barrow?" as he wanted it to make use of—he said, "Woman, I know nothing of the barrow"—I said, "Where is the washing-tub?"—he said he knew nothing of that—it is called a cask in the indictment—I had never sold him the barrow, nor given him the use of it—he had no business with the partition—he took it down without our consent, and put it into the shed at first—the quartering was in the shed—it belonged to my husband, and the stove was in the shed—I never sold it to the prisoner—he had no right to move it—we have never had one farthing of the rent—Loader kept the shop about a month or five weeks, and found himself ruined—he took his goods away, and locked the shop up—we have lost the use of the shop—we found the prisoner at another beer-shop.
Cross-examined. Q. Will you swear he never paid a farthing of the rent? A. He paid for the fixtures—he did not pay 16s. rent to me, nor to my husband.
WILLIAM JONES re-examined by MR. DOANE. Q. Had the prisoner never paid you any rent? A. No—I never received a single shilling for rent—I did not put in a distress—one time a distress was put in on me, and what was paid I never had any account of—the distress was put in on my goods, but did not touch his property—I believe 16s. was paid.
COURT. Q. Who put in the distress? A. He advised my landlord to do it—he said he owed 16s. rent—no property was distrained, except mine—he said, "I will pay you the 16s. if you will give me the receipt"—he
thought then to make the property his own, but he never paid any thing to me.
MR. DOANE. Q. Who was the rent owing to? A. The ground landlord—the prisoner owed me more than 16s. at that time—the distress was put in on my property—the prisoner paid 16s. to the broker, and the distress went off—that was the only rent he paid.
COURT. Q. How was he to get possession of the premises? A. He thought to do it—his rent is 10l. up to this time.
JOHN RYAN . I am a policeman. On the 26th of December the prosecutor came to me—I went to No. 22, North-street, to take the prisoner and his son into custody, for stealing fixtures and other property—on looking round, the prosecutor found the stove, some pieces of wood, and a partition, fixed up as a bar—he asked the prisoner about a barrow—the prisoner denied knowing any thing about it—the prosecutor took the partition down—the prisoner said he had bought that—I suppose he meant of Mr. Jones—I took him to the station-house—he was remanded, and on examining the premises again, the prosecutor found an iron spoon and a hammer—on the 31st of December, in consequence of information, I went with him, and found the barrow in Verily's shed, an iron gutter, and some timber was also found.
SAMUEL VERILY . I am a broker, and live in Devonshire-street, Lissongrove. I bought the barrow of the prisoner, with other articles—there is no mark on it—Mr. Rawlinson gave it up to me, and I sold it.
Cross-examined. Q. He sold you other things? A. Yes—a machine, and part of another machine, and some weights.
WILLIAM CARRINGTON . I am a carpenter and builder. I was mentioning my robbery to Verily in conversation, and I found he knew something of the prisoner—I have had no conversation with the prisoner about this matter.
MR. DOANE called the following witnesses for the Defence. SAMUEL CLARK. I am the prisoner's son. I remember his going to Mr. Jones in October, and agreeing for his premises—there was a dispute between my father and him about the sum of 5l—Mr. Jones wanted 5l. for the lumber about the premises—my father said it was a great sum to pay for such lumber, and at last they agreed he should give 4l. for the lumber, except certain articles which Mr. Jones mentioned for his use—there was a screw-wrench, a screw-driver, and two or three pieces of iron. Q. Among the things your father bought were the articles in the shed mentioned? A. Yes; articles in the shed or about the premises—there was a quantity of ginger beer bottles, and wood, two or three cyster tubs, a crow, an old stove, and a quantity of old wood besides—I am certain they were included in the articles he was to pay the 4l. for.
COURT. Q. Did he sell the partition? A. No—my father did not take the partition down—there was no tub there—when my father let the premises to Loader, Loader took down the partition, and put it into my father's shed, he being Loader's landlord—my father considered him-self Loader's landlord—about a fortnight after my father was in the premises Jones's landlord put in his broker, and took all the things away from Jones
—there was not sufficient to pay, and he was about to levy on my father—I live with my father.
Q. What trade is he? A. He has been living on his property in the country—I live with him because he is so afflicted in his hands—he has kept beer-shops—he was about to have one for my brother in the Harrow-road, which he took of Jones, and another in North-street—Loader went off considerably in my father's debt—my father was a great loser by this—he found he was likely to be involved in difficulties, and he let the premises to Loader—there was a bar fitted up in North-street, and the partition which Loader took down was carried there—my father said he would make the premises tenantable, in the same state as he found them—a broker was called in to look at the barrow—my father bought the barrow and two weighing-machines, the pots, and every thing about the premises—there is no truth in saying that the only things he bought were the shelves and counter—my father sold the place to Loader for 15l. after he had fitted it up.
GEORGE LINES . I am a bricklayer, and live at Paddington. I was employed by the prisoner to go and open some drains in the yard of this house which I did—I used the barrow in the business—it stood in the yard—I fetched bricks and things I wanted in it—I was there two or three days doing sundry jobs—the place was so bad no one could go into it—the water was all overflowing the yard—Mr. Jones did not see me with the barrow, but he came into the yard—the water-butt was there—he abused me, and told me I ought not to move the water-butt—I said I should replace it—there were words between him and the prisoner, and the prisoner said, "I gave you 4l. for this old lumber, do you want it again? if so, give me my money back"—I remember that.
COURT. Q. Did you see the quartering in the shed? A. Yes, there was some old wood in the shed—Clark told me it was his stuff that he had paid for—this was just as Loader was coming into the premises, on the 14th of November.
NOT GUILTY .
GUILTY . Aged 21.— Confined Six Months.
WILLIAM PEARSON . I live at No. 9, Widegate-street, Bishopsgate. About three o'clock in the afternoon of the 14th of February, I had occasion to go down stairs, and met the prisoner coming from the back-yard—I saw something bulky under his arm—I asked him who he was, and what he wanted—he muttered something, and ran away—I ran, and cried "Stop thief"—a man caught him in Half Moon-alley, Bishopsgate-street—he was out of my sight a few seconds, as I fell down, and nearly broke my knee pan—when I came up, I found part of a leaden pipe
on him—the officer came and took him—we returned with the leaden pipe, and found it corresponded with the pipe left—the front door was open—he must have gone through the house—I never saw him, to my knowledge, before—I did not know his mother, nor have I ever seen her—this is the lead pipe—it belongs to my landlord, Mr. William Adams.
Prisoner. I left my mother's to get some twist, and going up Half Moon-alley, I saw the door open, and the lead lying in the back of the passage—I took it up, and thinking it was of no use, I went to go home to my mother, who is a breeches-maker—I have worked for her ever since I was eight years old—I never was in trouble before.
GUILTY . Aged 16.—Recommended to mercy by the Jury. Confined Three Months.
JOHN TOWNE . I am in the employ of Mr. Hunter and another; they are druggists. On the 2nd of February I was drawing Mr. Hunter's truck, in which were three hampers, and two paper parcels; one was for Barclays, one for the King's Arms, and one for the Cross Keys—Barclays live in Farringdon-street—I stopped, and left a hamper there—I was there for a short time—I did not lose one there—I lost one hamper when I was at Herring's, in Aldersgate-street—I went in there a short time, came out, and one was gone—I then went to Gracechurcb-street, and stopped at the Cross Keys—I left two parcels and an empty hamper in the truck—when I came back one of the parcels was gone—I saw it brought back again—I did not see the prisoner taken.
MARY TILLETT . I am a weaveress. I was in Gracechurch-street, in company with Martha Neale—I saw two paper parcels in a truck—the prisoner took one, and walked away with it—I went and told some one who was by the truck, and my friend followed the prisoner—I afterwards followed him—he went up a passage, and my friend kept close to him—I saw him brought back—I am sure he is the person.
MARTHA NEALE . I was in company with Mary Tillett—I saw the parcel taken out of the truck by the prisoner—I followed him—he went up Bull's Head-passage, and I followed him till he was taken—I gave the alarm—he was not at all out of my sight, till he got to where it was rather dark—I saw him again immediately, and he had the parcel with him.
JOHN ROBERT MOSELEY . I live in Skinner's-place, Leadenhall-market. I heard the alarm, went out, and saw nothing—I then saw the prisoner run by, and as he ran by, he threw down the parcel—I was going to take it up—some one put their foot on it, and I put my foot on it, and kept it till the prisoner was brought up in custody.
JOHN GRIMES . I am a constable of Leadenhall-market. I saw the prisoner—he turned the corner, and ran into my arms—I said, "Where are you going?"—he made no reply, but the females came up and said he had stolen a parcel.
belong to Zaccheus Hunter and another—I intrusted John Towne to take them out—there is a hamper missing as well.
Prisoner. I never was in trouble before in my life—my father was sick of a fever.
GUILTY . Aged 20.—Recommended to mercy by the Jury. Transported for Seven Years.
ALONZO O'BRIEN . I live with my father, at No. 6, Gainsborough-court I know the shop of Mr. Seaton, in Fleet-street—he sells clothes—about half-past eight o'clock in the evening, on the 3rd of February, I saw the prisoner pull the cape off the nail—I was looking into the shop window—he did not go in—he stood outside; and when he pulled it down, he walked on—it was hanging outside—he put it under his arm—I was astonished at the moment—a man went in, came out—he followed the prisoner, and spoke to the watchman, who took him—I am sure he is the same person.
GUILTY . Aged 27.— Confined Six Weeks.
WILLIAM JAMES . My master's name is John Onion; he is a butcher, and carries on his trade at Rotherhithe. On the 6th of February I was with my master's cart in Newgate-market—the cart was waiting in Collegemarket, Warwick-lane—there were four carcases in the cart—I was absent to get some meat, for five minutes—I put the meat into the cart, and missed one sheep—I went down Warwick-lane, and saw the prisoner with the carcase on his shoulder—I took him into custody, and brought him back—I know it was one I had in the cart—I can swear it belonged to my master—I did not know the prisoner before—I might have seen him in the market, but never spoke to him in my life before.
Prisoner. A man called me and asked me if I wanted a job—I said "Yes"—he gave me the sheep to carry to Water-lane—the butcher came and said I stole it—I did not know it was stolen—I could not see the man that gave it me to carry.
GUILTY.* Aged 18.— Transported for Seven Years.
OLD COURT.—Tuesday, February 27th, 1838.
Second Jury, before Mr. Recorder.
670. JOHN JONES and WILLIAM ROBINSON were indicted for stealing, on the 9th of February, 112 yards of worsted cloth, called lasting, value 12l., the goods of John Newell, in his dwelling-house.—2nd COUNT, stating it to be in the dwelling-house of Thomas Hitchings.
GEORGE ROBINSON . I live at No. 3, Basinghall-street, and am ware-house man to Mr. John Newell—he rents the house of Mr. Dawson—Mr. Thomas Hitchings's warehouseman and his family sleep in the house—he is not here—Mr. Newell rents a room and the warehouse of Mr. Hitchings—it is part of the dwelling-house, and is in the parish of St. Michael, Bassishaw—Mr. Dawson does not live in the house. On the afternoon of the 9th of February the prisoner Robinson came into the warehouse on tiptoe, about two o'clock—I was at the other end of the warehouse—he went to a shelf, took four pieces of striped coloured lasting, which is made of worsted cloth, put them on his shoulder, and walked out with it—I immediately ran out after him—when I got to the door, he turned round, and saw me, and threw the goods on the pavement, ten or twelve yards from the door—he ran across the street, up Guildhall-buildings, between the two chains—as I followed him, the prisoner Jones interrupted me, and stopped me a little past the corner to prevent my following Robinson, who was in sight at the time—this was between thirty and forty yards from the warehouse—not in sight of it.
Q. Was there any means of his knowing what Robinson was about at the time he ran off with the property? A. I know nothing more than that he interfered when I pursued—the officer took up the goods.
Cross-examined by MR. CLARBKSON. Q. Explain more about the house—does Mr. Newell live there? A. No—I live there as his servant—I live in the warehouse, in the room, which is part of the dwelling-house—Mr. Hitchings originally held the lease of the warehouse—I sleep in the ware-house—Mr. Hitchings does not occupy the dwelling-house—his servants deep in the upper part of the premises—Mr. Hitchings has the lease of the whole premises—he has no partner—he is a commission cloth-agent—I understand, from his warehouseman, that he has the lease—the warehouseman occupies the upper part of the premises, and I the warehouse—the goods were taken from the warehouse—you can get from the dwelling-house to the warehouse without going into the open air—there are two ways—the place is let out as a place of business—Mr. Newell has nothing to do with the dwelling-house—I have a room in it, in consideration of my salary—it is on the same floor as the warehouse—there is a door from the warehouse to the dwelling-house, and from my room also—Jones was between the two chains.
JOHN GILBERT . I was standing in Basinghall-street, on the 9th of february, just at the corner of Guildhall-buildings, and saw the prisoner Robinson with the four pieces of cloth on his shoulder, and the last witness running after him—he threw them down—I picked them up, and took them to the warehouse—previous to seeing Robinson run off with the property I had seen the two prisoners together, walking up and down Basinghall street—it might be half an hour or an hour before—they appeared
talking together—I did not notice how long they were together—I saw them pass along two or three times within a quarter of an hour or twenty minutes.
Cross-examined. Q. What were you doing there? A. I am a porter, standing there for work—I have done so thirty-three years.
WILLIAM BROWN . I was in Basinghall-street, and saw Rohinson with the goods on his shoulder, and the witness in pursuit—I did not see any thing of Jones till after Robinson threw the goods down, and then Jones ran against the witness and caught hold of him to prevent him following Robinson—I followed Robinson till the policeman knocked him down—I then pursued Jones, believing he was connected with Robinson—Robinson was running when the policeman knocked him down—the street-keeper had struck at him before, but could not secure him—Jones was secured by the people about.
JOHN MORRIS . On the afternoon of the 9th of February, I was on duty in Guildhall-yard, and heard a cry of "Stop thief"—I saw Robinson running from Guildhall-buildings as fast as he could—I ran across—he ran away so swiftly that the only way I could secure him was by knocking him down.
(Property produced and sworn to.)
JONES— GUILTY . Aged 18
ROBINSON— GUILTY . Aged 16.
Transported for Ten Years.
671. JAMES MORRIS and THOMAS LINDON were indicted for stealing, on the 31st of January, 288 sheets of printed paper, value 5s.; and 1 blanket, value 4s.; the goods of Andrew Spottiswoode, the master of James Morris.—2nd COUNT, stating it to be 12lbs. of paper.
EDWARD EXTON . I am a watchman, employed in Holborn. Between five and six o'clock on the morning of the 31st of January, I saw the prisoner Lindon cross from Shoe-lane to Field-lane, at the bottom of Holborn-hill—he had a bundle of paper—I stopped him, and asked what he had got—he said it was paper he was going to sell as waste—I asked him where he brought it from—he said a man had given it to him, at No. 12, Plough-court, where he lived—I took him to the station-house—he was allowed to go away/on leaving the property, and promising to bring the man who gave it to him—he did not return, and was afterwards apprehended—the paper was tied up in a blanket.
THOMAS FREDERICK COOK . I am overseer of the press department of Mr. Andrew Spottiswoode's printing office, in New-street-square. Lindon worked in that department up to the 31st of December—I have seen the paper produced—part of it belongs to a work which was going on at the time—it is paper which Mr. Spottiswoode has to make good if wasted—it is waste paper—the blanket it is in is also Mr. Spottiswoode's property—I know it by a mark on it—we have missed paper several times—I saw part of the paper on the premises on the previous night—Morris was employed there as stoker—he receives the keys at five o'clock from Mr. Shaw, to go in to light the fires—he would have the key of the place this paper was in with the other keys—the paper was safe over night—I did not miss it till about noon, when the officer came to inquire about it.
Q. Was it possible for anybody to get possession of it besides Morris?
A. Certainly not—he was in possession of the key—the blanket is worth 4s. and the paper 5s., as waste paper—I cannot prove that he had the key that morning, except from having heard it.
LINDON— GUILTY . Aged 48.— Confined Three Months. MORRIS— NOT GUILTY .
Before Mr. Sergeant Arabin.
MR. DOANE conducted the Prosecution.
THOMAS MATTINSON . I am foreman to Mr. John Underwood Coy, warehouseman, in Wood-street, Cheapside. On Saturday, the 1st of April last, about eight o'clock in the evening, I packed up this cloth, and took it to Aldermanbury, near Love-lane, and gave it to Rock to carry to Everett and Co., of Holborn—he was to carry it to oblige me—I was here when two men, named James and Taylor, were tried—the property was produced then—it was the same I had delivered to Rock—it has since been sold—we have the wrapper here—the cloth was worth 7l. 10s. 2d.
Cross-examined by MR. PHILLIPS. Q. Has your master any partner? A. No.
JOHN ROCK . I Was wagoner to Messrs. Kenworthy at the time in question. I remember Mattinson coming and giving me the cloth—I placed it on my wagon, and covered it over with a heavy sheet, near the Church at the bottom of Aldermanbury—I should not consider that half a mile from Gutter-lane—when I got to Everett's it was gone—I afterwards saw it in possession of the officer at Guildhall, and, to the best of my belief, it was the same property.
Cross-examined. Q. You are not sure of it? A. It was the same parcel as I received, but I did not see the inside—I should suppose Gutter-lane is more than a quarter of a mile from Aldermanbury.
MR. DOANE. Q. Were you obliged to be at your horses' heads? A. Yes—I could not see what was done to the wagon.
JAMES CUTHBERT . I am inspector of the watch of Bread-street ward. On the 1st of April, about eight o'clock, I was in Gutter-lane, and saw the prisoner, and two other persons with him—all three together—Taylor was carrying the property in question under his arm—I followed, and at last took him into custody, and took care of the property—some time after I took James, the second man—they were tried here, and the property was then produced—I apprehended the prisoner last Thursday week.
COURT. Q. Did you see the cart at the time in question? A. No—they were in Gutter-lane, right opposite Goldsmith's-hall, not a quarter of a mile from Aldermanbury.
NOT GUILTY .
GUILTY . Aged 27.— Confined Six Months.
GUILTY .†Aged 18.— Confined Six Months.
WILLIAM HODGES . I am foreman to Messrs. Piper and Taylor, plumbers, in Eastcheap. About twelve o'clock, on the 12th of February, I was superintending some work at No. 34, Eastcheap, which are premises being fitted up—the prisoner was employed for Mr. Smith, a builder there, as a glazier and plumber—Elizabeth Tutt came round to me and gave me information—I went up to see if I could see anybody, but I could not—at last she pointed the prisoner out to me in a room on the first floor—he was employed on the premises, and had a right to be in that room—I sent for an officer, who took him in charge—I looked about for the lead, and found it concealed under a heap of rubbish, about four yards from where he stood—two pieces were in a basket, and one piece loose—I said, "Here is some lead"—he replied, "That is my basket, I will swear to it," and said he had lost it about a quarter of an hour—I compared the lead with a place where I found some lead removed, and it tallied with the rest on the roof particularly—I have not the slightest doubt of it.
ELIZABETH TUTT . I am a widow; my premises look into those of the prosecutor. On the 13th of February, about twelve o'clock, as near as I can say, I saw the prisoner cutting the lead off" the top of the house which the men were employed in repairing—he had a chisel in his hand, with which he was cutting the lead—I was up stairs, two stories high, and he was rather below me—I could see him distinctly—after he had cut the lead he put two pieces into a basket, and one piece he carried away in his hand—I saw him cut three pieces—I opened my window, and said to him, "What are you going to do with that lead?"—he said, "It is all right"—I entertained a different opinion, and went round to Mr. Hodges, and told him of it—I have no doubt of the prisoner being the person I saw—I said so directly I saw him again—the prisoner said, "I will make you swear to it, and I will serve you out for it."
JOHN ANDREWS (City police-constable No. 28.) I was sent for, and as soon as I got up stairs Mrs. Tutt pointed out the prisoner as the man who had cut the lead—some rubbish was turned over, and the lead was found in a basket—as soon as it was found the prisoner said that the basket was his, and he would swear to it—he said to Mrs. Tutt, "Are you sure I am the man?"—she said, "Yes"—he said, "I will make you swear to it; and if you do, I will serve you out for it."
WILLIAM NORTON . I have a partner—the house in question belongs to us jointly—we are the lessees of the premises—I know nothing more of the prisoner than his being employed on the premises—they were being repaired on our account.
Prisoner's Defence. On the day in question there were four different sets of men working on the premises at the same time—I was laying 200lbs. weight of new lead on the lower skylight for Mr. Stevens, the builder—the foreman of the plumbers and the female came round, and
found this lead in my basket—I swore to the basket, and said to the woman, "If you swear to me, I will serve you out"—I meant to enter an action against her for false swearing.
GUILTY . Aged 32.— Transported for Seven Years.
THOMAS TAYLOR . I have a partner—we carry on the trade of salesmen in Newgate-street. On the 14th of this month I saw the prisoner take the pork off the board in front of my shop—I immediately ran after him, and took the pork from him, and gave him into custody—I did not know him before at all.
(The prisoner put in a petition for a lenient sentence, and stating that he was in very great distress.) GUILTY . Aged 48.—Recommended to mercy.
Confined One Month.
NEW COURT.—Tuesday, February 27th, 1838.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 21.— Transported for Seven Years.
GUILTY . Aged 48.— Confined Six Months.
679. MARY ANN KING and ELIZABETH BEVAN were indicted for stealing, on the 5th of February, 2 curtains, value 2s.; 3 pillows, value 1s. 6d.; 2 sheets, value 4s.; I blanket, value 1s. 6d. 2 counterpanes, value 3s.; 3 coats, value 1s. 6d.; 2 petticoats, value 2s.; 2 salt-cellars, value 1s.; 2 glass tumblers, value 1s. 6d.; 3 pewter pots, value 1s. 6d.; and 2 plates, value 3d.; the goods of Agnes Tucker.
AGNES TUCKER . I lodge at No. 12, Butler's-alley, Milton-street. King has lodged in the house four years—King's brother brought Bevan to lodge there—on the 5th of February I went home, and missed the curtains, and all the articles stated—the two prisoners were gone out, and stopped out all night—the next day my son-in-law met them in Prince's-street, by the Bank, and took them—I have got some of the things—the curtains, and this counterpane—I do not know what Bevan is—she had been there about two months—I never knew her to go on the town—she lived with King's brother as his wife.
I have got some rags to sell"—I weighed them—they came to 4 3/4 d.—this is the bundle that she brought—they are all torn to rags.
Q. Are you in the habit of buying things from little children? A. We deal in rags—I was never indicted as a receiver of stolen goods—I looked at the things—I did not ask where she lived.
DENNIS HUDE . I am an officer. I went to Taylor's, and found these curtains, which were hung up in the shop—the other things were down in the cellar—the glass, and other things, the girls said they broke—these other things I found at another marine store dealer's, cut up for rags.
King. It was done to get victuals.
AGNES TUCKER re-examined. These are mine—I know they were in great distress—I know her brother has given them but one meal a day—these things were all whole when they took them, but now they are torn to pieces—the other things were sold at another marine store dealer's—I do not think King would have done any thing wrong herself.
KING— GUILTY . Aged 14.— Confined One Month.
BEVAN— GUILTY . Aged 19.— Confined Six Months.
STEPHEN HONEYSETT . I keep the Rose and Crown, in Bartholomew-close. About a quarter past eleven o'clock on the 20th of February, the prisoner came into the tap-room, and then went into the yard—we missed two pots—my man pursued the prisoner, and I went after him—I heard him drop one pot, and the watchman picked up the other.
Prisoner. I was there from half-past five o'clock to eleven o'clock—I went back to ease myself—I could not bring them through the house with-out their seeing me—I came out, and was going home—I had no pots at all on me. Witness. Yes, he threw one at me.
Prisoner. I deny it—I worked for Mr. Lucas, a chemist and druggist in the Poultry, for two years and a half.
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined One Month.
JOSEPH ELTON . I am shopman to Stephen William Dew, and another, of No. 146, Cheapside. I had a dressing-gown hanging inside the door of my shop on the 17th of February—I saw the prisoner pull it down, and go off with it—I overtook him at the corner of Ironmonger-lane, and gave him in charge with this gown on him—(looking at a dressing-gown)—this is my master's.
GUILTY.* Aged 28.— Transported for Seven Years.
682. GEORGE ALLEN and JAMES COX HARRINGTON were indicted for stealing, on the 9th of February, 1 till, value 6d.; 2 pence, 40 halfpence, and 72 farthings; the goods and monies of Thomas Bilbrough; and that Allen had been before convicted of felony.
THOMAS BILBROUGH . I live at No. 18, Golden-lane, and am a cow-keeper. About eight o'clock in the evening of the 9th of February, I heard a cry of "Stop thief"-my wife called me, and I found Allen in custody-my till was on the pavement, and the halfpence and farthings strewed about—I had had some halfpence and farthings in my till, which was placed in the counter of the shop—this is my till-(looking at one produced.)
ANN EOERSDOFF . I was going past Golden-lane this evening, and saw Harrington standing outside the prosecutor's shop—he looked very hard at me—I turned to look again, and saw Allen lying on Mr. Bilbrough's counter—I said to the other prisoner, "I see what you are doing, robbing the till;" and Harrington said, "Hush! hush! hold your tongue"—I turned back and said to Allen, "Come out"—he drew the till out of the counter, and ran to the door with it in his hand—I gave the alarm—I do not know what became of Harrington, I lost him—I saw him at the window for about two minutes—he was walking by, and looking in occasionally.
Cross-examined by MR. PHILLIPS. Q. You were looking in also? A. Yes; I should not have looked if he had not looked at me—there was no harm in looking in—I never saw the prisoners together—I cannot tell whether they were acquainted.
HENRY ELLIOTT . I live at No. 27, Golden-lane. I was outside cleaning my window, which is opposite to the prosecutor's—I saw the two prisoners pass and re-pass the prosecutor's shop for some minutes, and then I saw Allen enter the shop and throw himself across the counter-Harrington was watching, and frequently peeping in—I saw Allen take the till from the counter, and before I could get across he was seized by a person-Harrington struck the person who seized Allen—he slipped from that person, and I seized Allen with the till in his possession—the other got off.
Cross-examined. Q. Had you ever seen Harrington before? A. Yes, I have seen him in the lane frequently—I am certain of his person.
ALLEN*— GUILTY . Aged 18.
HARRINGTON*— GUILTY . Aged 18.
Transported for Seven Years.
Prisoner. I went into his shop for two sacks for Mr. Ward-two of the women came out and said Mr. Birch was not at home; I went to the Jolly Ostlers, and there Mr. Birch came and took me.
on the counter—the prisoner came for some sacks, and when he was gone I missed this handkerchief.
EBENEZER WARD . I am a publican, and keep the Jolly Ostlers. The prisoner was at my house, and went to Mr. Birch's and got some sacks for me—I said, "Two of these sacks don't belong to me; take them back"—he said, "I will directly;" but instead of that, he went out my back way—Mr. Birch came to my house directly, and said, "Where is that boy?" I said, "Out the back way"—he went out and brought him in doors—he had nothing on him, and denied knowing any thing about the handkerchief—he took him away—I went out into the yard and found the handkerchief under some dung, close by where the prisoner had been.
Prisoner. I went to the water-closet, and Mr. Ward did not see me near the dung.
Prisoner. I know nothing about the handkerchief—I went for the sacks, and then they came and took me.
NOT GUILTY .
CHRISTOPHER DOUGLAS . I am foreman at the water-works of the Brentford Company, and am servant to Mr. Hugh M'Intosh. He has lost some wood—part of it is here—(looking at it)—I believe it to be his, but it is not branded—it does not fit any other wood—this one is a piece that has been prepared to go into a cavity of the brick-work, and it corresponds with the wood we have for that purpose—there are four pieces more.
Cross-examined by MR. BALLANTINE. Q. You do not mean that all these are used for that purpose? A. No, only this one—there are several more on the premises—I did not know of these being missed till I found them at the station-house—I have known the prisoner twelve months—he has borne an honest character.
THOMAS POYNTON (police-constable T 156.) I met the prisoner on the 10th of February, at a quarter past five o'clock in the morning, with this wood on his back—I asked if he had been getting some wood—he said, "Yes"—I took him to the station-house, and he said he had found it in the lane—I had been round on duty all night, and I know there was none there.
Cross-examined. Q. Where had you been? A. Backwards and forwards in the lane all night—I had been down the lane an hour and a half before.
NOT GUILTY .
I searched the prisoner's pocket, and found this property in it—she was on the premises.
Prisoner's Defence. I came a stranger to England, and I had no one to do any thing for me—I got a place to be more respectable—I had nothing to keep me—I took these with the intention to pawn them, and when I got my wages to take them out—I took them to the pawnbrokers they would not lend me much, and I took them back—the washer woman, who wanted my place, told my master of it, and I was taken by the officer—I lived a quarter of a year at Mr. Berry's, a cook's shop in the Minories.
GUILTY . Aged 24.
MARIA JACOBS. I am the wife of Joseph Jacobs. The prisoner was in our service in December last, and when she was gone I missed a table-cloth, a blanket, and several other things—these are my articles—(looking at them)—I have no doubt of them at all—my name is on the table-cloth.
Prisoner's Defence. These things are mine—I bought them of a woman that was going to Scotland.
GUILTY . Aged 24.— Transported for Seven Years.
687. WILLIAM SHELLS was indicted for stealing, on the 15th of February, 1 hat, value 2s.; 1 opera-glass, value 5s.; 2 medals, value 4l.; 1 cloak, value 5l.; 1 coat, value 1l.; and I apron, value 10s.; the goods of George Warrener; 1 cloak, value 15s., the goods of Susan Warrener; and 2 medals and cases, value 4l. 4s., the goods of Thomas Browning Simons; in the dwelling-house of the said George Warrener and another: and MARY SHELLS for feloniously receiving 1 hat, value 2s.; 1 opera-glass, value 5s.; and 1 cloak, value 15s.; part of the aforesaid goods; well knowing the same to have been stolen; against the Statute, &c.
GEORGE WARRENER . I keep the George and Vulture Tavern, Cornhill; I have a partner, named Thomas Browning Simonds. The prisoner was employed as extra waiter—our house was shut up at half-past twelve o'clock on the night of the 15th of February—I had a cloak, a hat, an opera-glass, and the other things stated in the indictment, all safe—I missed them the next morning—they are here now—these are the things—(looking at the property)—the value of the whole is 5l. or 6l.—I should say above 5l.—I looked at the shutters the following morning, after the discovery; they did not appear to have been broken open.
eight o'clock—I found one shutter was not fastened—it was put too, and fastened with a bit of wood—it was not bolted as it usually was—that is all I know about it.
JOHN PAWLEY . I am servant to Mr. Attenborough, a pawnbroker. On Thursday morning, the 15th of February, about a quarter past eight o'clock, the female prisoner came to me, with a lady's cloak, and pledged it for 10s.—on the Saturday morning after there was a hand-bill came round, and we sent for Mr. Roe, the officer—I am sure the female prisoner is the person who pawned it—I have not a doubt of it—I went with the officer, and found the corresponding duplicate at the prisoner's house—this is the duplicate, and this is the cloak—(producing one.)
JOHN ROE . I am an officer. I found this cloak—in consequence of other circumstances I went to Lime-street, Fenchurch-street, and saw both the prisoners there—I said to the female, "You pledged a cloak at Mr. Attenborough's last week, how did you come in possession of it?"—he made no answer—I asked her again—she said, "It is easily explained," nodding to her husband—the male prisoner, I believe, is her husband—I searched the cupboard, and found three duplicates, one for an opera-glass pawned on the 16th of February, and a hat on the 15th of February, for 1s. and the one of the cloak—I searched the male prisoner, and found these two jewel-cases (producing them) in his trowsers pockets—I then asked him where the rest was—he said at a person's house, of the name of Stafford, in Tibberton-etreet, Borough—I went there, and the gentleman's cloak and the other things were produced by Mrs. Stafford, with a bunch of keys; and one of the keys fits a drawer in the prosecutor's house.
GEORGE WARRENER re-examined. The shutter was shut by a wooden wedge which was put in to keep it too—the prisoner must have secreted himself in the house the night before, and got out at the window, and put the shutter too after him—I believe the prisoners are man and wife—we have employed the man as extra waiter for fifteen years.
William Shell's Defence. It was dire necessity which caused me to do it—I went to the house—finding it open, I went in and took the articles—I neither opened any drawers, nor broke any doors or windows.
WILLIAM SHELLS— GUILTY . Aged 34.—Recommended to mercy by the Prosecutor.— Confined One Year.
MARY SHELLS— NOT GUILTY .
OLD COURT.—Wednesday, February 28th, 1838.
Third Jury, before Mr. Sergeant Arabin.
GUILTY .— Transported for Seven years.
(there was another indictment against the prisoner.)
JOHN HENN. I keep a butcher's shop at Chelsea. On the 7th of february, about eight o'clock in the evening, I saw the prisoner walkingup And down in front of my shop—I saw him at last get on the board, Reach a chopper, and run off with it—ran after him, and he ran into a policeman's arms—he had thrown the chopper away—it was picked up, and this is it—(looking at it)—I did not know the prisoner before.
Prisoner's Defence. I was passing by, and saw two boys standing there—thebutcher came out, and they threw the chopper down—the butcher followed me as I was running, and went by them—they went another way.
GUILTY Aged 18.— Confined Three Months.
GEORGE DEVEY . I am tailor and draper. On Friday evening, the 2nd of February, about a quarter before nine o'clock, AI was in Grays Inn-lane, Quite alone—three boys were following me, and about 100 yards up the lane, the prisoner Atkins put his hand into my coat pocket and took out my handkerchief—M'Neild and another boy were quite close to him—I saw him pass it to them—I felt Akins's hand in my pocket—turned round and took both the prisoners, but I could only secure them, and the other made his escape—I have not got my handkerchief—the other must have taken it away.
Atkins's Defence. I was going down Grays Inn-lane, looking for a place, when the gentleman came up to me and knocked me down.
M'Neild's Defence. hen I was at Hatton-garden the prosecutor said I was in company with the other two, and that I was as close as I possibly could be to the other prisoner—at the next examination he stated there chief passed to me—he afterwards said he thought it was passed to the other one, who must have run away with it.
ATKINS— GUILTY .† Aged 19.
M'NEILD— GUILTY .† Aged 18.
Transported for Ten Years.
before Mr. Justice Williams.
691. WILLIAM YOUNG was indicted for feloniously assaulting Charles Paul Mathieu Grillieres, on the 19th of February, and cutting and wounding him on his belly, with intent in so doing to maim and disable him.—2nd COUNT, stating it to be to do him some grievous bodily harm.
MR. PHILLIPS conducted the Prosecution.
CHARLES PAUL MATHIEU GRILLIERES . I am a commission merchant. I know the prisoner—last Tuesday, the 20th of this month, in consequence of what was told me, I went to No. 3, Ship-court, Old Bailey, and found my wife and the prisoner there—my wife said to me, in the prisoner's hearing, that he had called me a b—the prisoner told me to sit down, and he would explain it—directly I came into the room, he took a knife from his pocket, and opened it—I saw him do that—when he asked me to sit down, I said I would not sit down with a man with an open pen-knife in his hand—he said, "Sit down, you need not be afraid of me"—I said, "What do you mean by calling me a b—?"—he asked me two or three times to sit down—at last I said I would not, and a struggle took place—a woman tried to take the knife from him—my wife turned every body out of the place, and said, "Now I will have an explanation between you two about calling my husband a b—"—the prisoner said, "Yes, you are a b—, it has been told so to me, and so I believe it—I said, "Then you are another b"—he then put his fist in my face—I avoided his knock—he gave me one, and I gave him another—after I gave him two or three punches, he thrust his pen-knife forward, and said, "This is for your guts"—he cut me an inch and a half in length, and a quarter of an inch deep, and if I had not avoided him a little, I should have been killed on the spot—Mr. Holding, the surgeon, saw me, and I showed him the wound the day after—the prisoner was taken up then.
Cross-examined by MR. PAYNE. Q. YOU did not go to the doctor till the day after? A. I went on the Sunday, about seven or eight o'clock, and it happened at half-past one o'clock in the morning—this happened in a house of accommodation—I have kept the house, and have been indicted for it—I did not keep it myself, but my wife has kept it—we were married on the 25th of June last year—she had been living many yean with the prisoner before that, and, I think, had a child by him, which is about ten years old—I came to England about four years since, after the wars in Portugal, in 1833—I served there in a regiment, under General Le Mark—I deserted from my regiment—I did not desert with money—I deserted for political purposes—I belong to the Society of the Rights of Man, in France.
Q. Did not you desert with a large sum of money, and were you not tried by a Court Martial for it in France? A. No—I got my living when I came over here by the money I got for my pay at Portugal—I sold picture-books about the struct—I would sell any thing—I have been in prison, but it was all through a conspiracy against me—it was from the information of the prisoner—I was arrested on the 3rd of June.
Q. What do you mean by calling yourself a commission merchant, when you have been indicted for keeping a b y-house? A. I have nothing to do with the house—I was tried on the 2nd of January for it—I am under recognisance now to come up for judgment—Mrs. Jones kept the house when this happened—she is not my wife's sister—my wife has nothing to do with it now—she went in there for some counterpanes to wash—I sell foreign goods on commission—a Frenchman comes over, who cannot speak a word of English, and I go about with him, and act as his interpreter.
Q. How many blows did you strike the prisoner before he used the Knife? A. All I recollect is, I struck him after he struck me—I avoided his first blow—he did hit me, but I avoided it by holding up my fist—I caught the blow on my fist—perhaps I gave him two or three blows after that on the face—he turned his back, went into the corner, and took the penknife—my wife was there at the time, and two other witnesses.
MARIA DORAN . I was at the house No. 3, Ship-court, last Tuesday week—Mrs. Grillieres and the prisoner were in the parlour together, and had a dispute—I went and fetched the prosecutor, and when he came into the parlour I walked out—I heard them quarrelling, but what the words were I cannot say—after Mr. Grillieres was in the parlour some time I went in, and saw the prisoner standing by the side of the window—Mr. Grillieres called out, "Oh, God, I am stabbed!"—a watchman came in immediately and took the prisoner into custody.
Cross-examined. Q. How long had Mrs. Grillieres been in the house when you went for Mr. Grillieres? A. I think between two and three hours—it was by Mrs. Grillieres's desire that I fetched her husband—he came directly with me—I told him his wife wished to speak to him—I have known this house about five weeks.
ANN HAIR . I was at the house No. 3, Ship-court, on Tuesday week, and saw the prisoner there—I remember Mr. Grillieres coming in—I saw a knife in the prisoner's hand—I said to him, "For God's sake put that away"—he made use of bad words—I said, "For God's sake don't stab the man; put that in your pocket"—he said, "You had better get away, or I shall do you some serious injury"—I then went out of the room—I came back again—he had the knife then in his hand open, and he stabbed the prosecutor—he thrust it at him, and he said he would have the French (using a bad word) life—I tried to take the knife from him, and struggled with him, but could not get it from him—Mr. Grillieres said, "Oh, my God, I am stabbed."
Cross-examined. Q. What are you? A. I am sorry to say I am an unfortunate female—I am in the habit of frequenting the house—I cannot tell how long Mrs. Grilliercs had been there that day—they kept the house previous to that—the prisoner had the knife open in his hand—I remained there till it was all over, and struggled with the prisoner after he stabbed the prosecutor—there is the mark on his eye now.
JOHN BOLTON . I am a watchman. I went into the house on hearing a cry of "Murder," and saw the prisoner there—he had a penknife with two blades in his hand—I took him to the station-house—the officer of the night took the knife from him.
Cross-examined. Q. He made no resistance? A. No.
Cross-examined. Q. It was not concealed at all? A. No—it was in his waistcoat pocket.
CHARLES HOLDING . I am a surgeon. On Tuesday week I examined the prosecutor, and found a wound on the belly, about an inch in length and a quarter of an inch deep—it was such a wound as this knife would produce.
Cross-examined. Q. What had it cut through? A. Through the fat, it was a little to the right of the navel.
COURT. Q. Suppose it had gone the entire depth of the blade, would it have been dangerous? A. Certainly it would—there was no danger as it was—if it had gone further it would have got to the intestines, and caused, perhaps, inflammation and mortification.
MR. PAYNE to CHARLES PAUL MATHIEU GRILLIERES. Q. Had you the prisoner arrested at any time for 300l.? A. No, not for 300l., it was for 100l. and something—that was in April or May, just before I was married—I kept him in custody about a fortnight—I did not afterwards say he did not owe me any money—he did owe it to me—my wife wished me to give him his liberty—she was not my wife then.
Q. On your oath, was it not to get him out of the way, that you might marry the woman? A. No, not at that time—I never had the intention to marry at that time.
MR. PHILLIPS. Q. I suppose your having him arrested did not make him more friendly with you—was he angry with you? A. Directly he was liberated, he tried every thing he could to transport me and my wife too.
MR. PAYNE. Q. Was he in liquor when he did this? A. I cannot say—the constable can tell you whether he was drunk or not.
MR. PHILLIPS. Q. Was he sober enough to take his pen-knife out? A. I did not see the pen-knife at all—we had been old acquaintances.
GUILTY of an assault only. Aged 30.— Confined One Year.
Before Mr. Baron Bolland.
692. ANN SMITH was indicted for a robbery on Francis Coham Kelly, on the 29th of July, at St. Leonard, Shoreditch, putting him in fear, and taking from his person, and against his will, 1 purse, value 6d.; 6 sovereigns, 1 half-sovereign, 3 half-crowns, 1 shilling, and 1 sixpence; his goods and monies.
FRANCIS COHAM KELLY . I live in Robert-street, Hampstead-road. On the 29th of July last, about half past ten o'clock at night, being in Kingsland-road, I went into the Acton Arms public-house, for the purpose of ascertaining my way to Islington—I had a glass of beer there—three females followed directly into the house after me—they went to a different part of the bar, and called for some gin—I was having my beer immediately inside the door, at the bar-counter—the women went up to the bar, a short distance from me—all of them—it was a very short distance, the bar being small—one of them called for some gin—not having any change in my pocket, I was compelled to take out my purse to pay for the beer I had—I gave the landlord a sovereign, and previous to his giving me the whole of the change, he inquired of the women who was to pay for the gin—one of them immediately said I was to pay for it—I refused doing so—upon which, finding the three women were drawing near to me, and never having been in the neighbourhood in my life before, I asked the landlord how much it was, and on his saying 4d., I told him to take it out in the change, rather than have a disturbance about it—I paid for it, and then feeling myself unwell from the beer I had taken 1 left the house—I felt sick from the beer—I had dined at East Ham with some friends, and
taken about a pint of wine—I should have stated, 'that on the landlord's giving me my change, I immediately put it into my purse, which I put into my right-hand trowsers pocket—there were six sovereigns, one half-sovereign, and three half-crowns, a shilling, and sixpence in silver, I believe, in it—I had dined about half-past four or a quarter to five o'clock—this was about half-past ten o'clock—the gas was lighted in the bar—I left the house, and the three women followed me—it was a fine night.
Q. Can you take on yourself to say whether the prisoner is one of the three women you saw in the public-house? A. I believe her to be one, but I cannot swear to her—they were dressed in common cotton gowns, and had common bonnets on—so little notice did I take of them, I cannot say what sort of bonnets they had—immediately I got outside the door one of them seized me by both arms—a second placed her hand to my left side, and while I struggled for one moment to release myself, my pocket was unbuttoned, and my purse taken from it—it was not taken by either of the two that seized me, but the third one—the unbuttoned ray right-hand pocket, and drew my purse from it—I immediately gave the alarm that I was robbed—two of them ran away, and the third was apprehended almost on the spot—she was tried in August, and convicted.
Cross-examined by MR. PHILLIPS. Q. As I understand, you went out, being unwell? A. Yes, and the three women followed me—I left the house by myself—that I am sure of—I walked out—the landlord called his pot-boy to see me out, seeing the women after me—the pot-boy did not lead me out—that I am quite sure of—he was at the door, I believe, when the women attacked me, but I did not see him—I understand he was at the door.
Q. Were you in such a state that the pot-boy might have been at your side without your seeing him? A. Certainly not—be could not have been on my side, or I must have seen him.
COURT. Q. How long after you got out was the attack made on yon t A. Immediately—between the road and the door.
HENRY NOTT . I am a die-sinker, and live at No. 6, Maria-street, Kingsland-road. I was acting as pot-boy at the Acton Arms at the time in question—Mr. Kelly came there, and called for a quartern of gin—three women were at the bar at the time the gin was called for—he was served with it, and then I went into the tap-room—he was then taken sick, being the worse for liquor—I cannot say that I heard him call for the gin, but it was lying on the bar when I went in—I was out at the time it was called for—I did not see him drink any gin—he had a glass of porter to drink—there were three women at the bar—I did not hear them call for any liquor.
Q. You said before the Magistrate that they called for a quartern of gin? A. I saw the gin on the bar—Mr. Kelly paid for it—I saw his sovereign on the counter—he pulled out his purse—I then went away into the tap-room—he was taken very sick, and was retching very bard—I did not see him put his purse into his pocket—he was not to very much in liquor, but he was a little the worse for it—I had seen the women before—they were occasionally customers at the house.
Q. Look at the prisoner; can you take on yourself to say that she is one of them? A. She was dressed very differently then to what she is now, hut I believe she was one of the three—when the prosecutor was taken sick, my master told me to see him out at the door—I did not do so—the three women saw him out—I remained against the door—I could see what
was doing—the door is three or four yards from the bar—I went to the door with him—I observed the prosecutor leaning over some palings, and retching very much—he was about five yards from me—while he was retching, the three women were round him, the same as I had seen in the public-house—the prisoner and another woman then went off. Q. Did you see any thing done before they went off? A. The prisoner had the prosecutor's purse in her hand—she got it from his right-hand trowsers pocket—I saw her take it, and then I saw her and one of the other women go off—I had seen the prisoner at our house several times before—I am positive she was in the house that night, and I am positive that she had the purse in her hand—the Acton Arms is a public-house.
Cross-examined. Q. What do you mean by saying that she was dressed very differently when asked if you knew the prisoner? A. She was dressed differently—she had a bonnet on then—it is about four months ago—I am positive she is one of the persons—she had a bonnet on, and a kind of a light shawl—I think the shawl makes a good deal of difference in identifying her—she is in a different dress now—that made me doubt about her at first—I was not exactly sure of her then, but I have looked at her since—I did not say she was dressed differently without looking at her—I had seen her, and was not positive of her—I am positive of her now—I did not say I was not positive of her—she had on a kind of straw bonnet—I have not seen her since.
Q. Do you mean to swear you did not see her on the 26th of December, and speak to her? A. I saw her in Old-street-road on boxing-day, and spoke to her—she was very tipsy then—I did not give her in charge—I would not attempt such a thing.
Q. Did not you lead the prosecutor to the door of the public-house? A. No, I did not—I swear that—I was examined before the Magistrate—(looking at his deposition)—this is my handwriting—it was read over to me before I signed it—I was desired to attend to it—I said, "By the desire of my master I led him to the door," and I said that the three prisoners led him out—(the deposition being read, was as follows, "By desire of my matter I led him to the door, and the three women followed him out,")
Q. Now, did not you say that you led the prosecutor to the door? A. I did not swear it—I swore that the women led him out—when I saw the prisoner in Old-street, it was in the open street, between two and three o'clock in the day—it was above a mile from my master's house—the women were all perfectly sober on the night of the robbery—I have always been of that opinion—I have seen them tipsy sometimes, but they were sober that night—I gave evidence here on the last trial.
Q. On your oath, did not you then say that the prisoner then on trial, one of the three women, was in liquor? A. No, I did not—the prosecutor was rather in liquor—I did not swear the woman then being tried was rather in liquor—there were only the three women there—there were no girls there, only the three women—that I swear—I never said there were three or four girls round the bar—I called these-women girls—I did not say there were any girls besides these—I never stated there were more than three—they said they would see Mr. Kelly out—they all three lived together, at least, Ann Sherwood, the one who is transported, said so.
COURT. Q. How long have you known this woman? A. I did not know her before I lived at the house, which was about four months before this occurred.
was coming out of the Acton Arms on the evening in question, and saw three females hustling the prosecutor outside the door—I had just come out after them, when I turned my head and saw them; they might be about three yards from the door—I am positive that the prisoner is one of the women—I am quite certain—I had known her before for some years, up and down the road—it might be for seven or eight years—I saw no further than seeing her hustling the gentleman—she had got her hands round him some where or other—I saw one of her hands very near his pocket, round his waist—I beard the prosecutor state that he was robbed, and I went and fetched the police.
Cross-examined. Q. Had you taken any notice of the women inside the house? A. I had not—I stated before the Magistrate that I heard the prosecutor say he was robbed—I knew all the three women—I did not particularly remark how they were dressed—I stopped but a short time—I did not particularly remark how the prisoner was dressed—she had a gown and bonnet on—she was dressed as females are—I knew her so many years, but as to the colour of her garb, I cannot speak to—to the best of my belief she had a shawl on—I cannot tell the colour of it—I think it was a straw bonnet she had on, but I will not swear to it—I did not see her again till she was taken into custody, about three weeks or a month ago.
COURT. Q. You say you had known her seven or eight years, by seeing her on the road, what was her occupation? A. She walks the streets as a common girl of the town.
Cross-examined. Q. Had she a washing-tub in her hand at the time? A. She had—she asked me to let her go and deliver it where she had brought it from—I took her in Charles-street, Goswell-road, about ten o'clock in the morning.
GUILTY . Aged 24.— Death recorded.
Before Mr. Justice Williams.
692. WILLIAM CORNISH was indicted for feloniously uttering a certain forged power of attorney, to transfer the sum of 300l., well knowing it to be forged, with intent to defraud the Governor and Company of the Bank of England.—2nd COUNT, stating his intent to be to defraud Robert Alner.—Other COUNTS, varying the manner of stating the charge.
MESSRS. ADOLPHUS and BULLOCK conducted the Prosecution.
Cross-examined by MR. CLARKSON. Q. What are you? A. I am now a clerk to Mr. Richman, a corn-factor, at Poole—at the time in question I was living at Piddletown—I do not know who prepared this deed, nor by whose direction it was done.
ROBERT ALNER . I live on my property, at Piddletown, in Dorsetshire. I had a niece named Mary Wallridge lodging with me—I have known the prisoner many years; he was once in my service as groom, and lived with my brother many years before that—a marriage took place between him
and my niece—there was a settlement on that marriage—the trustees on that settlement are myself and William Bridge.
Q. Were you possessed of any stock in the Three per Cent Reduced? A. Yes, about 1400l.—I received 21l. 2s. 8d. dividend for a half-year, through Williams and Co., of Dorsetshire—I found, on examining the banker's book, that the last dividend, at Michaelmas, was a smaller sum than usual, and on inquiry, found there was 300l. stock short—I never sold any stock out, nor did I sign any power of attorney to have any sold—(looking at a power of attorney)—the name of "Alner" to this is not my signature, neither the under signature nor the upper one, nor do I know the witnesses who have signed it—I never executed this power, or any other.
Q. Had the prisoner made any application to you to transfer stock? A. Yes—we transferred 100l. stock—I and Mr. Bridge—that was six, or seven, or eight years ago, long before last April.
MR. CLARKSON. Q. Was the application made to you by the prisoner himself? A. There was an application—whether he made it to me himself, or to Mr. Bridge, I do not know.
MR. BULLOCK. Q. Whatever it was, it was long before April last? A. A long time—I have no recollection of any application being made by the prisoner since—I never gave any consent to transfer any subsequent sum.
Cross-examined by MR. CLARKSON, Q. What was the age of your niece at the time of her marriage? A. I should think twenty-four or twenty-five—I cannot tell you—I should not think she was thirty—I brought her up from her infancy—I could tell her age at home—I think I can undertake to say she was not thirty—they were married in May, 1826—the prisoner must have been more than eighteen at that time—I should suppose he had lived servant to me and my brother as long as that nearly—I believe he must have been more than eighteen—I cannot tell how long he lived with me—he could only write very indifferently—he certainly was no scholar, but otherwise he was as other people—this prosecution is not at my instance—my niece writes a very good hand—she received a very good education—the signature to the power of attorney is not the least like my handwriting—I am quite sure of that—I was living at Piddletown at the time, and have been so all my life—I know very little of Shaftesbury—I have been through the town—I was known to a few individuals there—I believe I was not known at the banker's—I was known to a clergyman named Wood, who holds the living, but he lives in Dorsetshire—Piddletown is twenty-two or twenty-three miles from Shaftesbury—I never attended Shaftesbury market, and have no connexion with that part of the kingdom.
Q. Did you on this occasion turn your niece and the prisoner out of doors, when something unfortunately happened between the prisoner and her? A. No—I did not—the prisoner had left, and I provided a residence for my niece.
Q. Where was your niece's money at the time the marriage was contemplated? A. 900l. stock was in the 3 per Cents—it was there twelve months before the marriage—she became entitled to the money at the death of her father, who died in America—she consented to its being bought in in our names—I was a consenting party to the marriage—it was recommended by our friends.
Q. Did not you tell the prisoner there should be no marriage, unless he
signed a writing? A. I never had any communication with him—Mr. Bridge was the attorney who prepared this instrument—I gave the instructions for it, and all the parties recommended it—I might most likely give the instructions.
MR. ADOLPHUS. Q. Whoever gave the instructions, did the parties of their own free will execute the deed? A. They did, and the money has remained in the names of myself and Mr. Bridge ever since, except the 100l.—they have been allowed to receive the dividends—both my own own money and the 900l. were in the 3 per Cents Reduced.
GEORGE CHITTY . I live at Shaftesbury, and practise as an attorney there, and did so in April last. On the 17th of April, the prisoner called on me at my office—I never did any business for him before—I knew him by sight, but did not know his name—he told me his name was Cornish, that he had a little matter of business to be done—I asked him what it was—he said he had money in the funds, and wished to sell out 200l.—I asked him in what stock it was—he said he had a document in his possession which would show what stock it was in—I asked him to show it to me—this is the document he showed me—(looking at an account)—he told me it was 900l., and said, "You will find it in that account"—he said it was an account between Mr. Alner and his wife before his marriage—the account is now exactly in the same state as when he produced it—I observed that Mr. Alner charged himself with what he received on account of his wife, and on the other side he discharged himself—I took means to obtain a power of attorney, but it turned out that there was no such stock, and as such, nothing came of that—the instructions for the power were returned to me, and the prisoner was persuaded that nothing could be done with it—I told him that there was no such stock—some letters passed between me and him about it—I communicated the information to him by letter.
Q. Did you, in the course of any conversation with him, tell him there was no such stock as that in the name of Miss Wallridge? A. I did when I saw him on the 2nd of May last year at my office—he told me he had seen Mr. Robert Alner, and he had told him if the money was not in his wife's name it must be either in his (Alner's) name alone, or else in the names of Mr. William Bridge and himself, and that Mr. Alner had desired him to get him a power of attorney now for 300l., and to bring it to him and he would execute it—I then went to the bank of Brodie and Co., and desired them to send up for a power of attorney to sell out 300l. standing in the name of Robert Alner, or Robert Alner and Mr. Bridges, part of 900l.—the prisoner always confined himself to the 900l.—this power was afterwards delivered to me unexecuted by the clerk of Brodie and Co. on the morning of the 4th of May—I had given directions for it on the 2nd of May—I then put it into a letter, and sent it to the prisoner by a messenger—I saw the prisoner about it afterwards—he brought it back to me on Saturday the 13th of May, to my office, in the same state as it is now, apparently executed and attested, except the word "Dorset"—he told me that Mr. Robert Alner had been over to his house at Piddletown, and executed it there—one of the attesting witnesses lived at Has elbury, and the other at another place—I made an observation on that, and he said Mr. Alner came over to his house and executed it there, and said he was sorry he should have had so much trouble about it.
Q. There is a paper annexed to the front of it—did you write that? A.
Part of it, and part was written by my clerk—it is an authority to Brodie and Co., dated May 10th, and signed "Robert Alner"—it merely says, "Pay proceeds of£300 Stock, 3 per Cent Annuities, (for which I have executed a power,) to William Cornish and Mary Elizabeth, his wife; or either of them."—(Signed)—"Robert Alner"—he brought me that authority with the power of attorney—there was a blank left for the date—it had been sent up in blank, but it was returned to me filled up and signed—underneath this is in my handwriting, a direction to Brodie to pay the above to George Chitty—this was signed by the prisoner in the presence of my clerk, who has witnessed it—it is dated "13th of May"—in pursuance of that order I received the money—I had credit for it in my account, on the 18th of May—the prisoner called on me that day, and asked if the money was sold out—I told him it was—he then said he would call next morning, and said he should require£200—he called next morning, and I sent my cheque to the Bank, payable to him—my clerk brought back twenty£10 notes of the Shaftsbury Bank—I gave them to the prisoner, and he gave me this receipt for it, which I have in my ledger—(producing it)—I made a statement of the account between him, and hit wife, and myself, to show what he would be entitled to after paying my bill—here is the account—(reading)—"Bill£6 13s. 2d.—cash at different times, 2l. 2s. 6d.," on the credit side is "Amount of proceeds of stock, 300l., part of 900l. 3 per Cents Reduced"—after deducting brokerage and power of attorney, 269l. 2s. 6d.—deduct power of attorney, 1l. 5s., net 267l. 8s. 6d., and the balance due to them, 259l. 1s. 10d.—underneath the balance it brought down, "Cash on account, 19th May, 200l.," and he has signed his name—I then drew out a receipt on a 4s. stamp, which I desired him to get signed by himself and his wife, for the whole proceeds, and delivered it to him, but he never brought it back—I delivered to him this paper—(looking at one)—as a copy of the account I have just read—it is in my own handwriting—I delivered it to him at the time the transaction took place—it corresponds with my ledger exactly.
Q. Did the prisoner afterwards make an application to you to gets power to transfer a further sum of money? A. Yes—about June or the latter end of May—he applied to me to get a power to transfer 600l., the remainder of the 900l.—the power remained in my office some time—I handed it to him, but it never came to me as an executed deed.
Cross-examined. Q. Turn to your diary for the instruction you had for the second power for 600l.? A. I have no entry there of it—I have not been taken into custody as participites criminals to this—nor charged—I was before the Magistrate—I was not charged as an accessory to this forgery, that I am aware of—I went there at the request of Mr. Freshfield—he wrote to request me to go there as a witness with my clerk, and I went with him, and returned the same day.
Q. What was the state of your banker's account at the time you sold out the 300l.? A. I do not think I owed them any thing at the time—sometimes I am overdrawn 100l., or less or more—it appears by my book that I owed them nothing at that time.
Q. Does it not appear that till you got the 260l. your banking account was so much overdrawn? A. (Looking at the book) Yes, certainly—no, it does not; I see, by looking, here are the sums I drew out on the 18th—the date of the sale is the 18th of May—my account was balanced at the end of the year, and here is, Dec. 31st, 1836, my account balanced; and then
I owed my bankers 19l. 18s. 7d.—on the 2nd of January 1 paid in 20l., on the 1st of March 30l., and up to the 30th of March following I see I owed my bankers nothing—the first debit to me is, May 6th, 1l. 5s. for the power of attorney—I drew a cheque for 8l. on the 20th, and another for 59l. 17s. 6d. on the 18th of May, for the prisoner, when he called on me, and I left the remainder there—on the 19th I drew a cheque for 200l.—when this money was put to my credit I did not owe my bankers any thing—I did not pay the prisoner the 59l. odd—he came on the 18th, and said he would call in the morning—I wrote a letter to him, inclosing a£10 note, and he called before the letter went to the Post Office—I did not pay him the money—on the 18th of May the balance in my bankers' hands was 38l. 11s. 3d.—that was the balance I owed my bankers; but allow me to explain—it appears that the bankers had given me credit for the 300l., and charged me with the 59l. odd, and 200l., and on the 19th of May it appears J owed them 38l. 11s. 3d.—I did not pay the 59l. odd to the prisoner, but I sent up a cheque for the amount.
Q. Why not pay it to the prisoner? A. He did not come—he was to have come in the evening, when I was to arrange it, but he did not come till next morning—he then said he should only require 200l., and I sent to the bankers' and got it.
Q. Well now, then, was not your balance overdrawn at the time you received the prisoner's money? A. No—at the time the money was put to my account I did not owe them any thing—I did not know this was carried to my account at all till afterwards—here is the account the prisoner gave me—(producing it)—I did not find him a very intelligent man—I found him rather deficient—I did not consider him illiterate.
Q. On your oath, was not one of the questions you asked him on your first interview with him, whether, on his marriage, there was any settlement executed, and did not he tell you he did not know whether there was or not? A. He did not at the first interview, but when the bankers informed me that the money was not in his wife's name, he called on me, and I asked him, "Was any thing done on your marriage?"—he said something was done, but whether it was before or after he could not tell—he did not tell me he did not know whether there was any settlement or not—I paid over the last balance, 8l. odd, to him, in November—on the 21st of September the balance due to him was 42l. 12s. 10d.—I have been an attorney since 1820.
Q. When he told you he wanted the stock to be sold out, that it was in the maiden name of his wife, and you found there was no such stock, as an attorney acquainted with business, did it not excite your suspicion? A. Certainly not—nor when he told me, if it was not in that name, it was in the name of Alner, or Alner and Bridge—I did not inquire of Mr. Alner if it was correct, because the prisoner told me he had seen Mr. Alner—I did not write to Mr. Alner—I had seen the prisoner about a year and a half before, when he was a witness in a case at Dorsetshire, in which I was concerned, and I recollected him from that.
Q. Well, but he having given you information which was incorrect, and referring you to the names of trustees whose signature he was to get, you thought, it your duty to go on? A. I did—I made myself debtor to him, and he had the money whenever he wanted it—he applied to me to get another power of attorney to sell 600l.—I will swear that—I do not know whether any body was present—I am not in the habit of having persons present
when I am on business—the prisoner told me he was out of business, and wanted this to go into business—he at first produced the account to me, and said that would explain it; and I considered, by the account, that it was in his wife's name—I considered at first that he was aware the stock was in his wife's name.
Q. But afterwards, when he said it might be in Mr. Alner's or two other names, did not you think he did not know where it was? A. He said that was what Mr. Alner had told him—I never asked the prisoner to lend me 200l.—I did not apply to him for the loan of 200l.—I will tell you what I did—I did not apply to him—he proposed it—he came to me about the second power, and said, "I have seen Mr. Alner; he has consented for us to have the remainder of the 900l.; 1 shall want about 200l.; will you keep the 200l. in your hands till we want it?" and I said I had no objection—I know that money in the funds pays interest—he said he should not require the money, would I keep it in my hands till he wanted it—I said I had no objection—I paid him interest for the balance in my hands when the balance was struck.
Q. Do you mean to swear that at this time you do not owe the prisoner money? A. I do swear it most solemnly—here is my account—he is my debtor, for I am charged with the expenses of the second power of attorney.
Q. Here is a piece of paper pasted into your ledger, and which I see "On 26th November, Mr. George Chitty paid me 8l. 7s., which settles all account between us?" A. Yes—that happened on a Sunday—I was passing an inn where he was—he said, "I shall be obliged to you to pay me the balance"—I said, "Certainly"—I had not the money, but I went and got it—I returned to the inn where he was, paid it to him, and took that memorandum; and next morning I got my clerk to paste it into the book—I do not keep any cash-book—this is my ledger—I always enter it into the ledger at once.
Q. Did you pay a single farthing to your bankers after you got the 269l., the proceeds of this 300l.? A. (Looking at his book)—No—I have not any account—I did not know this was carried to my account till the other day, when Mr. Freshfield wrote to me for my pass-book—I sent to the bankers, and said, "Will you make it up to this time?" and they made it up to the 11th of November—since that I have had no transaction with the bankers—I am in my banker's debt at present—I owe them 50l. odd—I was not in their debt at the time this sale was made—the account begins on the 2nd of January, when I paid them 20l.—at that time I owed them 20l., all but 1s. 5d.—I paid them more than 30l. after that—I paid them orders, but they are not entered in the book—if I go and ask for a draft, they do not enter it in the book.
Q. When you were first examined before the Magistrate, was it on oath or not? A. Without oath—I have been in the habit of practising in Criminal Courts—I considered I was being examined as a witness, though not on oath; and after I had made my statement, and gone through the account, the prisoner said every word I had stated was true—Mr. Freshfield was present, and other witnesses.
Q. Do you not know you yourself were under charge and under examination, and told you might say any thing if you liked, but were not obliged to state any thing? A. I was not told so—I was not cautioned by the Magistrate that I need not say any thing unless I liked—he said, "Mr.
Chitty, will you explain it?" and I said, "With pleasure"—I believe the Magistrate's words were, that I need not say any thing unless I liked, but I might make an explanation if I pleased—I have heard that put to prisoners before—I believe it was two or three days after I made my statement that I was examined on oath.
Q. When parties come to you to represent they want stock sold, and you find it in the hands of trustees, are you in the habit of doing it without consulting the trustees? A. I have nothing to do with it—I give it to the bankers, and give them instructions—I have not had an instance of being applied to for a power of attorney for years—if a party say they are sent by the trustees, I do not think it. my duty to apply to them—I certainly see now that if I had written to the trustees, it would have saved all this—I knew Mr. Alner to be a gentleman of respectability and station in Dorsetshire—I certainly considered, on looking at the power and the statement of the account produced by the prisoner, that it was the handwriting of Mr. Alner, and the bankers considered the same—the bankers were not glad to get it to settle their account, for it was not to be placed to my account—the signature to the power is not placed far from the right place—it is not so near to the seal as I should put it, but that is a matter of opinion—I think it is sufficiently near—I should say it is executed in the right place—I see no objection to it—I cannot tell who drew this line from the word "Alner" down to the seal—I will swear that—I will swear it was not done by me, nor in my presence, that I know of—I have no knowledge of it at all—I will certainly swear it was not done in my presence—I have not the least knowledge of it—I will swear, to the best of my knowledge, it was not—I will swear positively it was not.
Q. Are not the two first witnesses names opposite the seal, instead of the person purporting to execute the power? A. That will appear by the thing itself—they appear opposite the seal certainly—that is a very unusual thing—it is bad writing—I thought it was oddly done, and mentioned it to the bankers—I noticed the distance of "Robert Alner" from the seal, but the bankers said, as long as it was signed by Robert Alner, they thought it would do—I looked at the account, and said, "It is Robert Alner's writing"—I said it was very odd for the persons demanding to act to witness up there, for I thought it oddly done—I did not think it my duty to inquire of Mr. Alner, as I considered it was Mr. Alner's handwriting—I have not received any money from the prisoner besides the 6l. odd—I paid him over all the proceeds of the money except that.
MR. ADOLPHUS. Q. I find, in the first three months of 1837, you paid to your bankers only 50l., and up to the same period you drew out 48l. odd, leaving a balance in your favour of 1l. odd? A. Yes; and when I was debited with the power of attorney, that made my account even—At the commencement of this business my account was even with them—(looking at the paper pasted in the book)—I wrote this above the prisoner's name, at the inn, on Sunday the 26th of November, and he signed it—I had, before that, cast up and balanced my account as it appears there—it is merely an acknowledgment of the balance being paid to him—I have in the course of my time seen many deeds executed imperfectly, in the county particularly—I have seen names signed a greater distance from the seal than this—I went on with the business, believing it to be a genuine transaction—I had not heard any thing about the prisoner, or who he had married—he told me who he had married when he first came—on seeing the
account, he told me he had married the lady whose account that was, and that she was a niece of Mr. Alner—I took this power to the bankers—they made some observations about it, and forwarded it to London, and the money came from London.
JAMES RUDGE GATTERELL . I am managing clerk in the house of Messrs. Brodie and Co., at Shaftesbury. I recollect Mr. Chitty applying to me, in the month of April, for a power of attorney; in consequence of which I wrote to a house in London to obtain one for him, according to his instructions—we received the power from our correspondent in London, and I sent or took it to Mr. Chitty—I received it again from him, about seven or eight days after—it was then executed, and in the state it is now—I sent it to London the same evening as I received it from him—Mr. Chitty's account was afterwards credited with the proceeds of the sale.
Cross-examined. Q. I see that Mr. Chitty's account consists of two items of 20l. and 30l., besides the money which was the produce of this sale in 1837? A. Yes, it finishes by ending in our debt 25l.—where the balance is struck 38l. in our favour, a line is drawn, and 1838 is pat at the top—that has taken place since I left the bank—there is January, and then there comes October and November—that is, cheques that he has drawn, and were not charged to his account—although he had not paid any more money, he had drawn money out.
Q. Did Mr. Chitty tell you that he was going to borrow 200l. of the prisoner? A. He told me once that he was going to lend him some money, or he was going to obtain a security for him—the bankers were not pressing for their money from him—there are two cheques in favour of the prisoner—one is for 59l. 17s. 6d.—they are payable to Cornish or bearer—I cannot charge my memory whether he said he was going to borrow 200l. of the prisoner—whether it was that, or to get money or security—it was one or the other—the prisoner never appeared for either of the chequet—I never saw him till after.
COURT. Q. How long had you known Mr. Chitty? A. From June, 1834, when I went to Shaftesbury—he lived at Shaftesbury, and I knew him perfectly well all the time I was there.
MARK LIGHT . I am a baker, and live at Ledledge, in Dorsetshire. (Looking at the power of attorney)—this signature, "Mark Light," is my hand-writing—I did not know Mr. Alner at the time I signed it—I never saw him in my life, to my knowledge, unless I have seen him here—I never saw him in the country, to my knowledge—I had to go to the prisoner's house with bread three times a week—I went there in April with bread—Mr. and Mrs. Cornish were there—Mrs. Cornish said she had very good news come—she had received a letter from her uncle Alner, to say that she might sell out 300l. of her stock—about a fortnight after I went again—the prisoner was at home then, and said, "We are going to sell out that money; the paper is drawn up, and is gone to Mr. Alner to be signed; and when it comes back we shall want two or three respectable people to sign it, just to say that Mrs. Cornish is agreeable"—she said she was, and asked if I would be one of them—I said I did not know any thing about their money, they could get some one handier—the prisoner said that Mr. George Foote was going to sign for one, and he dare say I would for another—I went away then, and about the beginning of May he came to my house with this paper, called me into the parlour, and asked me to put my name, just to say that Mrs. Cornish was agreeable to sell out—my wife came in, and she said, "What is that paper, Mr. Cornish?"—he said
the same to her, that it was only to say Mrs. Cornish Was agreeable to sell out this money—my wife said to me, "You had better not sign it, perhaps it will draw you into some error"—he said, "God bless the woman! do you think I would do that? I would rather hare my head cut from my shoulders"—my wife said she would fetch my father—she went after him—he came in, and asked the prisoner what the paper was—he told him it was only just to say that Mrs. Cornish was agreeable to sell out the money—he opened the paper, put it on the bureau, and put his finger where I was to put my name, and I did so—I did not read any part of the paper—I took it on his word—I think I saw Mr. Alner's name, but I did not read the paper at all, nor did my wife or lather—the prisoner owed me a little money at that time, but not much—there was nothing said about money—I know William Woolf, of Hasselbury—I do not know when I saw him last—it is a long time ago—I have not seen him since this matter has been inquired into—I did not know he had signed the paper—I know Crocker—he is here to-day.
Cross-examined. Q. You thought all along that what you were doing was to witness the consent of Mrs. Cornish to sell out the money? A. All I understood was, it was that Mrs. Cornish was agreeable—I knew nothing at all about Mr. Alner, and asked nothing about him—I swear that—I did not ask the prisoner whether it was Mr. Alner's writing—my father did—I do not think I ever said so—I do not recollect ever asking the prisoner the question—I do not know whether I did or not.
Q. Who is this Woolf? A. He is one at Hasselbury, he is nothing, I mean no trade—he bides about—sometimes he is at the prisoner's house, and one place and another—he has no house—I was taken into custody myself.
THOMAS LIGHT . I am the father of the last witness. I know the prisoner—I remember his being with my son about signing a paper—Mrs. Light came to me, wishing me to come into the parlour, and desired me to ask the prisoner what was the meaning of the paper—I did so—he told me it was a paper he had received from Mr. Alner—I then asked him whether it was Mr. Alner's handwriting—he said, "Yes, do you think I would be guilty of any thing of that kind—(of its not being Mr. Alner's handwriting)—I would sooner have my head off my body"—I then said to my son, "I suppose, as Mr. Alner's name is there, there can be no harm in your signing it, as he says it is nothing but for Mrs. Cornish to have the money," and my son signed it—I do not recollect any thing more.
COURT. Q. What are you? A. I have been a former, but am old now, and live with my children.
CHARLES CROCKER . I keep a horse and cart, and live at Ledledge. I know the prisoner—he applied to me about signing a paper, his wife was present—I went to his house, as he owed me a little money—he and I went to the Jolly Brewers—he said Mrs. Cornish had got a paper, to receive some money from the funds, and if I would sign it he would pay me, and lend me a little money—he did not show me any paper then—about a week or ten days afterwards I went to the house again, and Mrs. Cornish read a paper to me, and asked if I would sign it—the prisoner was present—Mrs. Cornish said the paper was concerning drawing some money which she had in the funds, and wanted two or three people to sign it, to say she was agreeable to draw the money out—I said, "No, ma'am, I can't write; if you like to put my name I will put a cross to it, if that will do"—she said "No"
—I cannot read writing—I saw the paper that I was to sign, it was not a very large paper—some of it was printed and some written—(looking at the instrument)—I think this is it—I never took it into my hands.
JOHN NIXON . I am a clerk in the office of the 3 per Cents Reduced, at the Bank—(referring to a book)—here is an account in the name of Robert Alner—I was a witness to this transfer, on the 16th of May, 1837, of 300l., from Robert Alner to John Isaac Hensley, by power of attorney—Mr. Labouchere was the attorney—I attested the demand to act under that power.
Cross-examined. Q. Did you make the transfer? A. I saw it executed, by virtue of the power of attorney—we require the confirmation of somebody being the person to whom the power was made—that was done—there is a person whose duty it is to inspect the power before the transfer is made.
MR. ADOLPHUS. Q. Is it at all uncommon for instruments more imperfect than this to be acted on? A. Sometimes they are.
Cross-examined. Q. In the ordinary course of business it would be your duty to demand to act? A. Yes, and I have put my signature to the instrument.
MR. CLARKSON to MR. CHITTY. Q. Who wrote "County of Dorset" on this instrument, did you write it? A. No, certainly not that one—I did write "Dorset" on the instrument after it had been executed—I wrote the word "Dorset" in the presence of the bankers.
COURT to MR. NIXON. Q. Was the transfer of 300l. in one sum, or was it the portion of another? A. It was a portion of 1400l.
MR. ALNER re-examined. The prisoner bore a good character for honesty and integrity ever since I knew him—he continued in my brother's service a long time, and then I took him—he conducted himself extremely well till this misfortune happened—I mean up to the time he left me, which is twelve years ago—I have not known much of him since.
NOT GUILTY .
Fourth Jury, before Mr. Recorder.
GUILTY.* Aged 25.— Confined Six Months.
MR. CLARKSON conducted the Prosecution.
ELIZABETH LYNE . I am in the service of Mr. and Mrs. Bateman, of No. 4, Westbourne-place, Eaton-square, Pimlico. On the evening of Tuesday, the 30th of January, my master came home to dinner, about six o'clock—I saw his great coat hanging up in the hall after he came home—it is a blue rough coat, called a pilot jacket—no one came in, after he came home, but Mr. Bateman's brother—they dined a few minutes after six o'clock—about
seven o'clock there was a knock at the door—I opened it, and found the prisoner there—he asked me for the first and second volume of Ivanhoe—I told him it was not a library, and we did not let out books—he said no, he knew that, but that they had had them from their library, and he wanted them—I asked him to come in—he did so—I shut the door, and went into the parlour—while I was delivering the message, I heard the coat-stand rattle in the hall, as if something was being pulled off it—I called out, and ran into the hall immediately; and as I went into the hall, I saw the prisoner making his escape—he shut the door after him, without waiting for any thing—I saw him again about three or four minutes afterwards in custody, and knew him immediately—I said, "That is the man"—I have not seen the coat since—I had let my master in when he came home, and observed him place his coat on the middle peg of the stand.
Prisoner. Q. What do you swear to me by? A. I am quite certain you are the person—you had a dark or blue coat on, but what waistcoat I cannot say—it was not a frock coat—I did not see you with the coat, but there was nobody else there—I was not quick enough to see if you had it, but I am certain you are the man.
Prisoner. I was never near the house at all. Witness. I am certain he is the man—I had a candle in my hand, and observed him—I can safely swear he is the man.
EDWARD PLUMMER . I am a fixture broker. I was passing along Westbourne-place, on the evening of the 30th of January, and within a few yards of No. 4, I observed the prisoner come out of Mr. Bate man's gate, on the foot-path, and run away—at the same time I heard an alarm of "Stop thief"—the houses are fronted by a fore-court—I saw him run out of the gate—it was past seven o'clock—I could not observe whether he had any thing with him—I pursued him directly, and never lost sight of him till I took him—he turned a corner, but there was a gas-light at the corner—he might have put the coat over the railings to another person before I saw him—I am certain he is the person who came out of the gate—Mr. Bateman came up, and held me as well as the prisoner till the police-man came up—the prisoner ran first, he then made a dead stop, and, when he was taken, immediately pretended to be very tipsy—he said he had just come out of the public-house, and asked what was the matter.
JOSHUA WIGLEY BATEMAN , Esq. I was living in Westbourne-place. When I came home to dinner, I placed my pilot-jacket on the coat-stand, in the entrance-hall, and afterwards went into the dining-room—the servant came into the room about seven o'clock, to inquire for Ivanhoe—we had no such books—before she had finished delivering her message, she called out, "Oh, there is a thief"—I got up, and directly I got to the hall, the door banged too with great violence—I opened it, and pursued, and the prisoner was taken—the coat was missing—I had seen it safe about half-past six o'clock—when the policeman brought the prisoner to the house, the servant immediately said, "That is the man."
Prisoner's Defence. All I have to say is, I was coming by at the time there was a cry of "Stop thief"—I ran as well as other people—I could not see anybody a-head of me, and made a full-stop—the witness immediately
collared me, and the prosecutor collared both of us till the police-man came up.
GUILTY . Aged 24.— Confined One Year.
The prosecutor's name being Timothy George Adams, the prisoner was
WILLIAM WINDER . I keep the Box and Cock public-house, in Gray's Inn-lane. On the 9th of February I lost a coat and pair of gloves—I missed them on the 10th—I had left them in the bar—I went with the policeman and the witness Berry, to take the prisoner into custody, at No. 5, Fox-place, Gray's Inn-lane—I saw the policeman search and find my gloves—the prisoner was afterwards taken to Reeves, the pawnbroker's, and my coat was found there.
EDWARD BERRY . I lodged with the prisoner at No. 5, Fox-place, Gray's Inn-lane—he showed me two papers on Sunday evening, the 11th—one was a licence, and the other a letter, the name of Mr. Winder was on them—the prisoner asked me to put them into the fire, but I put them on the bed with a pair of silk gloves—on the following morning, after breakfast, he came up stairs, and asked me where I could raise him 1s. or 2s. on the ticket of the coat—I took the ticket and papers to the prosecutor, knowing they belonged to him—I gave him the ticket of the coat that I had received from the prisoner—I had seen him take the gloves from his own pocket with the papers—it was on my information that he was taken.
Prisoner. He was present when the coat was taken out of the street, where two boys had thrown it down. Witness. I never saw any thing of the kind—I was not with him when he got possession of it—I have known him ever since the 18th of November, and worked with him part of the time, in the boot and shoe line as fellow-labourer, for different shops—at the time this coat was found, he asked me to pawn it at the pawnbroker's he was in the habit of using—I never saw it till I saw it at the shop.
Prisoner. He was in custody the day previous, for pawning two pairs of his master's boots. Witness. I was not—I was in custody the day the coat was stolen—I was locked up in consequence of master and I having a few words—because he would not pay me my wages, in consequence of an altercation—I was not charged with unlawfully pledging two pairs of boots—I never took two pairs of boots, in an unfinished state, to pawn—I took one pair, and left them there, but not on my master's account—my master had them when he came for them—they were my employer's, but not the employer's he alluded to.
JURY. Q. Had you and the prisoner any quarrel before this? A. None whatever.
Prisoner. On the Monday morning, when I was going to my work, and
came to look for some tools, they were missing—I said to him, "Have you been taking my tools again?"—(he had before pawned them for 9d.)—I said, "I cannot go to work"—he said, "Well, I will go and get them"—he went down stairs, and at that time took the duplicate and the papers, and went to the pawnbroker's, to try to get more money on the coat, but could not—he then went to the prosecutor's, to extort money from him, at he said it would be a pity to destroy them—the prosecutor detained him, and found the duplicate of the coat on him, and he now throws it all on my back. Witness. The pawnbroker and the prosecutor are here to answer about that.
WILLIAM ADAMS (police-constable G 184.) I apprehended the prisoner, and found a pair of gloves in his left-hand breast coat pocket—he did not give any account of them—he did not tell me he got them in the street—he said he found the coat in the street—not the gloves.
JURY. Q. Did the witness Berry come and try to obtain more money on it? A. No—he once pawned a pair of shoes with me—I gave them up because the master was losing his customers through it.
WILLIAM WINDER re-examined. I have seen Berry at my house at different times—I did not see him on the night of the robbery—I do not know the prisoner—he lives about two minutes' walk from my house. (Property produced and sworn to.)
GUILTY.* Aged 51.— Transported for Seven Years.
NEW COURT.—Wednesday, February 28th, 1838.
Sixth Jury, before Mr. Common Sergeant.
MR. BODKIN conducted the Prosecution.
WILLIAM KENDALL . I am a farmer, living at Isleworth. The prisoner was never in my employ, but he had employment that brought him to my premises—in June last I missed about two bushels of wheat, and a quarter of rye, which is about two sacks—it was taken from a little barn on my premises—after the robbery I found a key on the floor of the little barn—the prisoner said nothing to me about a key—that key opened the barn—I do not know Fitzwater—he never worked for me.
ANN WHITE . I am married, and live on Hounslow Heath. In last June I lived near Warton-lane, about a quarter of a mile from the prosecutor's—I had a man of the name of Fitzwater living in my house—I remember the prisoner coming to see him in June last, one night, about nine o'clock, he asked Fitzwater which would be the best time for them to go to Mr. Kendall's to fetch the wheat—he said the time he thought proper, and Smith said about eleven o'clock at night—he came and called for Fitzwater that night, but I did not see him—they went out—they
returned in about twenty-five minutes, and Fitzwater brought with him about two bushels of wheat—nothing else—I did not see the prisoner any more that night—the next morning he came to Fitz water's apartment, and I went up stairs to go to my own apartment, and saw Smith measuring the wheat in a half-peck measure—Fitzwater was there—he had the wheat, and ground it—the prisoner had three bottles that was over after he measured it—he took it away in a small bag—sometime after that I heard the prisoner say he had lost the key of the barn.
COURT. Q. You state now that Fitzwater returned that night—have you always stated that? A. Yes—the prisoner did not come back with him—I told the Magistrate I did not see Smith any more that night—I did not say they returned.
MARTHA BURCHETT . In June last I lived in Irish-lane. The prisoner came to ask me if I would buy two bushels of wheat—I said I did not want any thing of the kind—he told me I should have it very cheap—I declined to buy it.
Prisoner. We had two keys to fit one barn, and when I came from one to the other barn I lost one key in among the dung.
MARY WHITE re-examined. Q. When did you first tell this story? A. I do not know how long it is ago—I did not hear of Mr. Kendall's barn being robbed—I told the patrol of it last Sessions, when Smith was in prison—my husband's name is James White—he was tried here last Sessions for sheep-stealing—the prisoner was the witness against him, and then I told this story.
NOT GUILTY .
THE HON. MR. SCARLETT and MR. ELLIS conducted the Prosecution.
JOHN MAIDMENT . I am partner with Mr. Kettle—we keep a tobacco shop, in Norfolk-street, Middlesex Hospital. On the 24th of January the prisoner came for a quarter of an ounce of tobacco, which came to 1d.—he gave me a sixpence—I gave him five pence—I looked at the sixpence very curiously, having taken a bad sixpence the day before, and I recollected having seen the prisoner in the shop before—as soon as the prisoner was gone I opened the till, and saw some other sixpences there, and saw that the one I took of the prisoner was bad—I did not put it with the others, but I kept it in my hand, took it into the parlour, and showed it to my friends—I gave it to my partner—I had given the other sixpence that I took on the 23rd to my partner—I cannot distinguish between them—they were both marked alike—my partner gave them to me at the Office—I am sure these are the same that I gave him—(looking at two sixpences.)
Prisoner. Q. Did you put the sixpence into the till? A. I just put it down, and saw the distinction between the good ones and the bad—I did not put the sixpence down into the till—I gave it my partner—I am positive you are the person.
HENRY KETTLE . I keep a tobacco shop in Norfolk-street. The last witness is my partner—on the 26th of January the prisoner came for a quarter of an ounce of tobacco—I gave it him—he threw me down a bad shilling—I went round and said I would try it at the threshold of the door—I found it was bad—I took hold of him, put him into the parlour, and sent for an officer—I received a sixpence on the 23rd of January from my partner, and another on the 24th—I kept them in my pocket by themselves,
and when I got to Marylebone-office I gave the same two sixpences to my partner—I am positive they were the same two—I had no others in my pocket.
Prisoner. Q. What did you do with the shilling I offered to you? A. I gave it to a friend of mine in the parlour, and he said it was bad—I sent for an officer.
Prisoner. You called in two of the butcher's men. Witness. No, it was the master I called in—I did not give the shilling into his hands—it was not bent—I bit it, that was all—I know this is the shilling as I cut it with a pair of scissors.
Prisoner. This is not the shilling—his friend in the parlour put it into his mouth, and bent it almost double. Witness. No such thing—it was the same as another shilling when he put it on the counter, it was not bent at all—the prisoner said "My father gave it me"—I asked him what trade he was—he told me, and when I took him into the parlour he sadly wanted to get away, and wanted to leave his things.
ROBERT SMITH (police-constable E 160.) I was called into Mr. Kettle's shop on the 26th, and I took the prisoner into custody—I received this shilling from Mr. Kettle—I received two sixpences from Mr. Maidment at the office—these are them (producing them.)
MARTHA SULLMAN . I am the wife of Richard Sullman; he lives in Gray's Inn-road, and is a baker. On the 25th of January the prisoner came for a mince-pie—it came to a penny—he laid a bad shilling on the counter—I discovered it directly—I knocked for Mr. Sullman to come up, and he came up directly.
Prisoner. Q. Did you ever see me in your shop before? A. I could not swear that I did, but I saw you that day, the 25th of January—I have not seen you since—I am positive it was you—I looked very earnestly at you, because I had taken bad money before—you were taken on the spot, and discharged.
RICHARD SULLMAN . I was in my bakehouse on the 25th of January—I was called up by a kick on the floor—I went up, and saw my wife and the prisoner in the shop—the shilling was on the counter—I took it, and said to the prisoner, "Is this yours?"—he said, "Yes"—I said it was bad—he said he would change it—I sent for the policeman—the prisoner would not stop in the house, he said he would go to the station—when he got out be made resistance, and wanted to go the wrong way—I kept the shilling in my hand till the constable came—I then gave it him—I am confident the one I gave the officer was the one I took from the counter.
GEORGE WESTOVER (police-constable S 80.) I was passing by on the 25th of January, and took the prisoner—he was taken and discharged—this is the shilling I received—(looking at it)—it was cut at the office.
Prisoner. I am totally innocent.
GUILTY . Aged 18.— Confined One Year.
THE HON. MR. SCARLETT and MR. ELLIS conducted the Prosecution.
On the 25th of January the prisoner came for two saveloys—I served her—she offered a shilling—I gave her 10d. change—I put the shilling into the till—I discovered it was bad two minutes after the prisoner left the shop—I took it out, and kept it in my pocket—the next evening she offered a shilling to my wife, who sent for me, and gave me a bad shilling—she had sent for a policeman—the prisoner was then in the shop—I kept the shilling in my hand till I gave it to the officer—I marked it and gave it him—this is the shilling that I received from her herself—(producing one.)
Prisoner. Q. Did you put it into the till? A. Yes, I did not say there was a crowd in the shop, and I was not positive who gave it to me—I am positive you gave it me—there was only one shilling in the till besides, but the one that you gave me was separate from the other—as I took this from the counter it fell close in front of the till—the other was at the back of the till.
Prisoner. I had not been in the shop before. Witness. She said she had not been in the shop, to my wife, but when I came into the shop she said she had been in, but that she gave me a good shilling.
ANN HATCHER . I saw the prisoner on the 26th—she came for a saveloy, but I did not give it her—she offered me a shilling, which I saw was bad—I charged her with it directly, and gave the shilling to my husband—I sent my servant to fetch my husband and the policeman.
Prisoner. Q. Did you not put it by on the corner of the shelf? A. I did not, I took it into my hand and gave it to my husband.
JOHN HAYDON (police-constable S 162.) I was on duty on the 26th of January—I went to the shop, and took the prisoner—I received a shilling from Mr. Hatcher, which I have here—I asked the prisoner at the station where she lived, she said at Hampstead, but. the next day she said she came from St. Giles's.
Prisoner's Defence. He had other money in his till, and shook it, and swore it was the one I gave him—he told a different story at the office, he said he put it in where there was other silver.
GUILTY . Aged 21.— Confined Six Months.
ISAAC HILL PETCH . I am a tobacconist, living in SL John-street, Clerkenwell. About six or seven o'clock on the 18th of January, the prisoner came for half an ounce of tobacco, which came to 1 3/4 d.—he gave me a shilling—as soon as he had gone, I saw it was a bad shilling—I broke it in two pieces, and put it on the shelf—on the 31st of January he came again about seven o'clock in the evening, for half an ounce of tobacco—I served him—he offered a shilling—he went away—I did not recollect that the one he had given me before was bad—I put the last shilling into the till with two fourpenny-pieces and a sixpence—I gave that shilling to the officer Brown—I saw the prisoner searched by Brown—I gave the two pieces of the shilling to an officer at Hatton-garden—I saw some tobacco found on the prisoner, it was the same that I had sold him, and the change.
Prisoner. Q. You say you put the second shilling into the till? A. Yes, and there was no other shilling there.
Prisoner. Q. Did not a person come with a shilling's worth of half-pence? A. Yes, but I did not take that shilling from the till—I put the
shilling I took from you into the till with two fourpenny-pieces and one sixpence—I gave a shilling for a shilling's worth of halfpence—I took theft shilling from my till—I did not speak to her about bad money—in general we have plenty of halfpence in the till—there were two fourpenny-pieces and one sixpence—the shilling was in the till perhaps half an hour—during that time there was no other shilling there.
Prisoner. Q. Will you swear you did not give the one I gave you to the young woman? A. Yes, I will—I gave her another out of the till while you were there, and then I put yours in.
Q. You say on the 18th I came to your shop, what day was that? A. I do not recollect the day—you said you were going to Canada—I bent the shilling in two—I did not have you taken, as you were gone, and I thought you might have done it accidentally—I recollected your having given me the first, when I got to the watch-house—I cannot charge my memory whether I spoke of it that night, but I did the following morning.
MR. ELLIS. Q. Where did you first get the shilling that you gave the young woman? A. From my till—I had two wooden bowls in it.
COURT. Q. Are you sure he is the man that had been on the 18th? A. Certainly, he has been before, repeatedly.
Prisoner. Q. Will you swear it was the 18th? A. No, I will not—I kept the shilling on a shelf by itself.
Prisoner. Q. Could no one go to that place but yourself? A. Supposing they did, the shilling was cut—I can swear you are the man that came about the 18th.
COURT. Q. Then how was it, when he came on the 31st, you did not have him taken? A. I took it in ignorance—she thing had escaped my memory—I should have taken this last shilling, in fact I did, and gave him change—he generally came about once a fortnight and passed a shilling.
HENRY ROUGH . I live with my mother, who keeps a tobacco-shop. The prisoner came to our shop about seven o'clock in the evening, on the last day of January, for an ounce of tobacco, which came to 1 3/4 d.—he gave me a shilling—I told him it was bad—he said he was very sorry for it—I gave it to my mother—she looked at it, bent it, and gave it to the prisoner back again—he went out of the shop, saying he had no small change, and could not have the tobacco—I watched him thirty or forty yards down St. John-street-road—he joined a woman, had a little conversation with her, and went on to Mr. Petch's—I saw him come out, and I went in and told Mr. Petch that a person had been offering bad money before, and asked him if what he had taken was a bad one—he looked into his till, and in a little bowl was a shilling and some small silver—I saw the woman walking up and down the street—I followed the prisoner down till I saw the officer, and gave him in charge.
JONATHAN BROWN . I am an officer. I took the prisoner on the 31st—I said he had been passing bad money—I took him to the watch-house, and found on him two shillings, a sixpence, 4 1/4 d. in copper, and about half an ounce of tobacco—I got this shilling from Mr. Petch—(producing it.)
MR. FIELD. These are both counterfeit, and both I believe cast in the same mould.
Prisoner's Defence. On the evening of the 31st of July I went to Islington, to see a friend—I changed a five-shilling piece at the Peacock, and two of the shillings I took proved to be bad—the one I offered at the tobacco-shop proved bad—I threw that away—on the 18th I was not near the shop.
(The prisoner received a good character.)
GUILTY . Aged 21.— Confined One Year.
THE HON. MR. SCARLETT and MR. ELLIS conducted the Prosecution. ROBERT STEVENS. I was with my cart in Covent-garden market, on the 27th of January—the prisoner Manning came and purchased two bunches of carrots, which came to 9d.—he offered me a half-crown—I gave him 1s. 3d., and was feeling for a sixpence to make his change right—the beadle came and asked if I had looked at my money—I said, "No"—I then looked, and found the half-crown was a bad one—the beadle discovered it was bad, and I discovered it—I had put it into my left-hand pocket—I took it from there when the beadle came up and showed it him.
Manning. Q. What did you do with the half-crown I gave you? A. I put it into my pocket, and gave you 1s. 3d. in change.
JAMES STACE . I am a constable of Covent-garden market. On the 27th of January, about eight o'clock in the morning, I saw both the prisoners together under the Piazza, and then in Russell-street, talking together—that was from forty to sixty yards from Stevens's cart—I saw Manning leave Bishop and go to Stevens's cart—I saw Manning barter with Stevens, and give him something, and Stevens returned something to Manning—I went and asked Stevens what money he had given him—he said a half-crown—I got this half-crown (producing it) from Stevens—it is a bad one—I took Manning, he was discharged on the Monday.
Manning. Q. What money did you take from me? A. Threepence, that Stevens had given you, and the shilling he was about to give you—that was a bad one.
Bishop. Q. Why did not you mention before the Magistrate that I was with him? A. I said there was another person, I did not know your name then.
Manning. Q. Was there another officer with you? A. I do not know—Morgan, the other officer, knew them.
Louis TESSANDOLI (by an interpreter.) About half-past five o'clock, on the evening of the 29th of January, I was near St. Paul's Church, selling figures of Buonaparte and Wellington—the prisoner Bishop bought two figures of me—I asked him 1s., he offered me 6d.—he paid me a half-crown, I gave him 2s.—the other prisoner afterwards asked the price of another figure, I said 1s.—I had no money in my possession but the half-crown—I was looking at the half-crown, and the officer came and asked me to let him see it—the officer took me into a shop close by—I marked the half-crown.
Bishop. Q. Was there one or two officers came? A. I only saw one—there was no other man with the officer.
in St. Paul's Churchyard, on the 29th of January—I saw the prisoners together, and followed them to Aldersgate-street—they then separated, and Bishop spoke to this Italian boy—I saw him take two images—I afterwards saw the Italian boy with some money—I did not see any money pass—I spoke to the Italian boy, and examined the half-crown—I took him into a shop—the half-crown was marked—this is it—(producing one)—I afterwards went after the prisoners—I took them together near Islington—I did not follow them—I had lost them, and went after them—I found them together, and took them there—I charged them with having done this—they denied it—I found 6s. 2 1/2 d. on Bishop, and 3s. on the other—Manning went to the Italian boy after Bishop.
Bishop. Q. Did you not say that another man with you followed us from St. Paul's Churchyard? A. No, I followed you—I met another man promiscuously, and called on him to assist me.
MR. FIELD. These are both counterfeit, and both from the same mould.
Bishop's Defence. On the Tuesday I was taken from Aldersgate-street to Bow-street—he did not say a word about Manning being taken on the Saturday—I was not with Manning on the Saturday morning.
COURT to THOMAS BLOSSETT. Q. Had you seen the prisoners before? A. Yes, in the market together—I did not see them on the Saturday morning.
MANNING*— GUILTY . Aged 21.
BISHOP*— GUILTY . Aged 22.
Confined One Year.
THE HON. MR. SCARLETT and MR. ELLIS conducted the Prosecution.
FRANCES SARAH LOMAX . My husband is a baker, his name is George Lomax, he lives in Hare-street, Woolwich. About half-past five o'clock, on the 8th of February, the prisoner came into the shop for a penny bun.—I served him—he gave me a shilling—I saw it was bad directly, and told him so—I stamped with my foot, and Mr. Lomax came up directly—I threw the shilling on the counter—Mr. Lomax took it up.
GEORGE LOMAX . I was in my bake-house—my wife stamped—I went up and found the prisoner and my wife—I got a shilling, which I kept in my possession—I clapped my thumb on it and bent it almost double—the prisoner said, "You can bend it any way"—I said, "Have you got any more?"—he said, "Yes, 1s. 6d."—I said, "Is it good?"—he said, "Yes"—I said, "Let me look at it," which he did—I sent for Nicholls, a constable—I gave him the shilling, and he took the prisoner—he was discharged on the 10th.
Prisoner. Q. What did you do with the shilling? A. I clapped my thumb on it and bent it—I did not put it into my pocket—I kept it in my hand, and closed the door, or you would have made your escape—I had the shilling in my hand all the time, and I clapped my hand against the doorpost to keep him in.
SAMUEL NICHOLLS . I am a constable of Woolwich. I took the prisoner—I found on him 1s. 6d. in silver, and two halfpence in copper—this shilling (producing one) I received from Lomax—the prisoner gave the name of Thomas Thompson—he was discharged on the 10th.
Prisoner. Q. What did you do with the shilling? A. I wrapped it in a piece of paper, and marked it when I got to the office—I had it in my
pocket all'night, and then I put a mark on it at the office, by the Magistrate's direction; but I can swear to it besides that mark.
HENRY BRODRIBB . I am a grocer, and live at No. 23, Bread-street, Cheapside. About half-past four o'clock, on the 13th of February, the prisoner came to my shop, and asked for two ounces of coffee—it came to threepence—I was serving him—he put down a bad shilling—I saw it was bad, and said to my young man, "Finish serving this young man," and, being constable of the ward, I took the prisoner—the shilling was on the counter—I went round, took up the shilling, and took hold of the prisoner—he threw down a good shilling, and said he had just taken the bad shilling, and should be obliged to me for it—I said, "No"—I sent for a policeman, and gave him the same shilling—I am sure it was the same as I received from the prisoner.
Prisoner. When I came in you were not in the shop. Witness. Yes I was.
Prisoner. I asked the young man for the coffee, and threw down the shilling—the man took it up, and said it was bad, and said to Another shopman, "Go, tell Mr. Brodribb to come out"—he came out, and said, "Fetch a policeman," and the policeman said I was known. Witness. I was in the shop, and began to serve you myself.
WILLIAM CORNWALL (City police-constable No. 57.) I took the prisoner on the 13th—I found on him a shilling, a fourpenny-piece, and 1/2 d. in copper, and in his hat there were two half pounds of beef-steak, and a small chump of mutton—he said his name was John Amos—I got this bad shilling from Mr. Brodribb.
MR. FIELD. These shillings are both bad.
Prisoners Defence. The day I was taken at Woolwich, I had been to Gravesend to sell some penny publications—I was returning home, and asked for a penny bun—the woman said the shilling was a bad one—I said I was sorry, and offered to pay for the bun—I was taken, but being discharged, I went to my father, who gave me a half-crown—I went to Mr. Watchorn's, at the Marsh-gate, and had a pint of porter, and they gave me change for the half-crown—I went to the Hambro'-wharf, and then was going home—I thought I would take home the coffee, and then I was taken, which is all I know about it.
GUILTY.* Aged 17.— Confined Two Years.
THE HON. MR. SCARLETT and MR. ELLIS conducted the Prosecution.
WILLIAM TRIPP . I keep a beer-shop at Hayes. On the 8th of February the prisoner came and asked for a pipe of tobacco—I told him I had got none—he then asked for a pint of beer—I sent my little girl to draw it—he put down a half-crown—I told him I could not give him change—he then said, "I will take one of these little loaves which will make 6d."—I said it would be 6 1/4 d., but as he was a poor man I would not take the farthing—I gave him four sixpences in change—after the prisoner was gone I called my son, and he said the half-crown was bad—I told my two sons to follow the prisoner—he was brought back in an hour—the half-crown had been on the counter all the while—I afterwards gave it to the officer.
prisoner came, and saw him give the bad half-crown to my father—I went after him in about five minutes—I saw he was going along the path with another man; and as soon as he saw me and my brother go out, they bolted off as fast as they could run—we followed them to Adam and Eve-lane—they kept on—the prisoner got over the hedge, and pulled off hit smock—the other man kept on, and I followed him—my brother went and took the prisoner—I did not catch the other one.
HENRY TRIPP . I saw the prisoner come into my father's house—I followed him—he jumped over the hedge, and was walking about with his bauds behind him—he had pulled off his smock, and hid it under the hedge—I went to him, and said, "You must go with me; do you remember passing the half-crown at my father's?"—he said, "I will go with you, but I know nothing about it"—I brought him back to the tree, and asked if that was his smock—he said it was, and there was a half-quartern loaf in the ditch, opposite the smock—it was similar to the one he had bought of my father—I brought the prisoner back, and gave him to the officer—I then went back, and found the loaf among the dead leaves in the ditch.
JOSEPH SPILLMAN . I saw the prisoner on the day he was taken, in the Duke of York public-house, and he said, if they had taken the other one he had twenty-four with him, and they would have made a better job of it.
MR. FIELD. This is a counterfeit half-crown.
Prisoner's Defence. I was going to seek for employment, when the man came and took me in the field.
GUILTY . Aged 21.— Confined Six Months.
MR. SCARLETT conducted the Prosecution.
SARAH MUNDAT . On the 10th of February I saw the prisoner in my Husband's shop—it is a chandler's shop in East Smithfield—the prisoner wanted some bacon—there was a person with him—he asked the price of the bacon—I said 8d.—he asked me to let him have it for 7 1/2 d.—I said I could not take it, and then he said he would give me 8d.—one of them said, "Don't beat the woman down"—they bought some bread and potatoes, which came to 2s. in all—they paid a five-shilling piece—I gave change, and put the crown into my pocket—it staid there till the next morning—I had no other crown there—when I took it out the next morning I saw it was bad—I am sure it was the same as I took from the last prisoner—it was nailed on the counter, and was given to the policeman last Saturday.
Prisoner. Q. Was I in your shop? A. Yes, and you gave me the five-shilling piece.
EMMA RUSSEL . I am the wife of Thomas Russel, a victualler, and live at Wrapping. On the 24th of February, the prisoner came for a pint of beer—I served him—he offered me a bad shilling—I saw it directly—I
knew the prisoner by sight—I took the shilling to my husband, and then sent for an officer—I had seen the prisoner previously—lam quite sure of that—he came on the Saturday fortnight before, the 10th—he called for a pint of ale, and then gave me a bad shilling, which I refused, and gave it him back again, and he gave me a fourpenny-piece—he has not the same appearance now as when he came to my house—the time first he had on a flannel jacket, and next, a fustian jacket, a black velvet waistcoat—a short frock under his jacket, and he had whiskers then, but I am certain he is the man.
THOMAS RUSSEL . I received a bad shilling from my wife on the 24th of February—I said to the prisoner, "This is the third time you have attempted to pass bad money"—I sent for an officer, and gave him into custody—he said he had received it that morning, and told a man with him to say that he had received it that morning, and gave the man 2d. to pay for the beer—I kept the shilling, and gave it to the policeman at the station-house—I had seen the prisoner on the 10th of February—I saw him again three or four days after that, and he tendered a bad half-crown to me, which I broke in half, and burned it—I said if he ever came any more I would give him into custody.
MR. FIELD. These coins are both counterfeit.
Prisoner. I was in Worship-street yesterday, and the woman said she did not know me in the station.
MRS. MUNDAY. I did not at first, but when I saw him with his hat on, I was sure he was the man.
Prisoner. The shilling I offered Mr. Russel I took that morning—I never was in the woman's shop at all.
GUILTY . Aged 24.— Confined Six Months.
GEORGE NEWELL . I live at No. 9, George-passage, Snow-hill, and am foreman to Mrs. Jane Grundy and another, who are builders. I saw nine boards produced by the constable—they are my mistress' and master s—I never gave them to the prisoner—he was employed for my mistress and master.
Cross-examined by MR. PAYNE. Q. How many other persons were employed on the premises of the prosecutors? A. I cannot say—the name of Mrs. Grundy's partner is Thomas William Hartley, her son—I am the only person here—the boards were at the New Church at Holloway—I had the superintending of the building—I know the boards particularly—they are worth about 6s.—I know them by the marks put on them, and they have been compared with the others—I and Mr. Hartley compared them—this board (looking at one) was prepared for a window-board under my direction—here is a mark on it now, the M that was put on the morning after—I saw the stuff after the prisoner was taken—I know it by being the same stuff as we have at the building—this is not the only one that has any
mark to it—here is another piece that was cut off the fellow board to it—they have been compared with the stuff on the premises, and they are the same.
RICHARD MARTIN (police-constable N 170.) I was on duty at half-past six o'clock on Friday evening, the 2nd of February, and met the prisoner with nine boards—I stopped him and asked him where he got them from—he told me he brought them from the New Church, and they had been give him by the foreman, to take home to make moulds with—these are the nine boards he had—(producing them.)
Cross-examined. Q. Where did you see him? A. In the High-road, about half-past six o'clock in the evening—I went back with him to a beer-shop—I did not find any person there—he told me to go to the beer-shop—I am certain he used the word "Foreman"—I did not make a memorandum of it, but the foreman had told me before that he had not given any away.
COURT. Q. What were you to go to the beer-shop for? A. To see the foreman, who gave them to him, as he said.
JURY to GEORGE NEWELL. Q. Who is the man that prepared that stuff? A. It was prepared at the shop, under my direction—I cannot say who prepared it—perhaps it has been prepared twelve or eighteen months—the prisoner was employed on the works as a carpenter.
COURT. Q. Have you fitted this window-board with the others? A. Yes—there were nine of them—this is one of them.
GUILTY. Aged 27.— Confined Six Months.
EBENEZER COLLIER . I live at No. 13, New Cavendish-street. I had the care of some bread—on the 7th of February I left my barrow of bread at the corner of Clipstone-street, and left James Murdock to watch it—I was away from five to ten minutes, not longer—when I came back, the bread was in the possession of Murdock, with the prisoner.
Prisoner. The four loaves were joined together.
JAMES MURDOCK . I live at No. 11, Cleveland-street, Marylebone. The last witness left me in care of a barrow and some bread, on the 7th of February—I was standing inside Mr. Ridley's, the publican's, door—I saw the prisoner take out four half-quartern loaves—I went and laid hold of him—I kept him till Collier came, and I gave him to the policeman.
Prisoner's Defence. My Lord and Gentlemen—I have served seven years with Mr. Andrews—I then went into business, but did not succeed—I have worked at the Docks, and being in a state of starvation, was reduced to do what has brought me here.
GUILTY.* Aged 46.— Confined One Year.
five minutes—they were Edward Whitfield's sacks—they have been brought back, and are here now—these are my master's sacks—(looking at them)—I missed these that day—they were in the street.
WILLIAM COLLIER . I saw the prisoner draw the horses on, and another person took the sacks off—I did not see the prisoner and the other man talking together—the prisoner pulled the cart up, that the driver might not see it—he could see it before the prisoner pulled the horses up—the other man pulled the sacks off, and the prisoner took them of him—they walked away down Swan-alley—I went and told the carman, and found the policeman—I went into a room, and found the prisoner and the sacks there—I did not know the prisoner before.
Prisoner. I knew the woman where I went in—she asked me to have some breakfast; and when I went there, another boy was in the room; and after I had done breakfast, this boy and the officer came up—the boy said that I took the sacks, but I know nothing of them—they were there before I got there.
GUILTY . Aged 18.— Confined Three Months.
Fifth Jury, before Mr. Sergeant Arabin.
ELLEN HILL . I live at Tottenham. I hung some things out to dry, on the 6th of February, at the back of the house—among other things, there were two sheets and eleven pairs of socks—I was in the garden, and they were all safe a little before four o'clock—I missed them a little before five o'clock—they have been found—I knew the prisoners—I did not see them near my premises—I saw my property again the next day—my garden is surrounded by pales, and partly by a brick wall—whoever took them must have got over the pales or the wall—the property is in Court now—this is it—(looking at it).
Cross-examined by MR. PAYNE. Q. How do you know this property? A. By the marks—there are marks on the socks, "I. N."—the mark on the sheets is "T. T."—I missed them on Tuesday, and saw them again the next day—they are Mr. Thomson's, but I wash for him—I have no other name but Ellen—I have no husband—I have known the prisoners twenty years, I suppose.
ANDREW SHILLINGLAW . I am thirteen years old. I know the house of Mrs. Hill—on Tuesday I saw Wood get over the pales, and chuck the things over to Ward who was then in the ditch—Ward took them up—Wood then got over the pales, and they went away, after one another—Ward carried the goods.
Cross-examined. Q. Who got over the fence? A. Wood, and Ward picked up the things—I am quite sure about that—I stood in the Millrow—the prisoners were as far from me as from you to me—the pales were higher than me—I could see right over the pales as I stood in the road—the clothes were about as far from the fence as from here to you—the one that did not get over the fence stood in the ditch, and I stood looking at
them—there was a little boy with me—he saw all that took" place—the road is higher so as to enable me to see over the fence.
THOMAS MARTIN . I am a pawnbroker at Edmonton. About six o'clock, on the 6th of February, the two prisoners came to my shop together—they offered me these two sheets, and pawned them with me in the name of John Thomas.
Cross-examined. Q. Have you kept these sheets ever since? A. Yes—I have not much custom—I see a number of persons in a week—I am quite sure these are the persons that brought the sheets—we had no conversation—they brought them, put them down, and I asked what they wanted on them—they were there about five minutes—I cannot say exactly how many persons I see in a day.
(The prisoners received good characters.)
WARD— GUILTY . Aged 24. Recommended to mercy by the Jury.
WOOD— GUILTY . Aged 19. Confined Three Months.
710. ELIZABETH ROBINSON and ANN JOHNSON were indicted for stealing, on the 6th of February, 4 cap cauls, value 5s., the goods of George Ferguson; and that Elizabeth Robinson had been before convicted of felony.
PHCEBE BROWN . I am in the employ of Mr. George Ferguson. He keeps a shop in the general way—he sells caps and bonnets—I serve in the shop—the prisoners came there about three o'clock on the 6th of february, and asked for some women's worked caps without borders—I took a box from behind the counter, and showed them some—Johnson took one cap in her hand, and put several more on it—she showed the cap to Robinson, and said she thought it would do for her sister—Robinson took it, and put it into her bosom—she then took another and put it into her bosom, and then one of them said it was for another person—I put the lid on the box, and took another box of children's caps to show them, and then Robinson took one of the best caps, and put it into her bosom—when she asked the price of another, I said, "A shilling," but I would say 10 1/2 d—they said no, the party should come themselves, as it was a very unthankful office—I then came round the counter, and said they had not purchased any thing of me, but I should thank them to give me the things they had taken—Robinson said she had taken none—Mr. Ferguson then came forward, and Robinson took the caps out of her bosom—she threw them on the counter, and I found two more caps behind the counter, which were crumpled up.
Cross-examined by MR. PHILLIPS. Q. What did the prisoners take up? A. Two caps—Robinson denied taking the caps—there is no mistake about these things.
COURT. Q. Are they called caps, or cap cauls? A. They we called cap cauls, but a person might come in and ask for caps without borders.
MR. PHILLIPS. Q. You swore to me they were caps? A. They are cap
cauls—they are called caps in the trade—we call them cap cauls—I should call them caps.
Cross-examined by MR. CLARKSON. Q. All you saw Johnson do was to take up one and hand it to Robinson? A. Yes, that was all.
GEORGE FERGUSON . I was in my shop, which is in Whitechapel—I saw nothing of the transaction—Robinson's back was towards me, and I saw her take something from her bosom—I went in front of her—she had got one of these in her hand—in the trade they are called cap cauls, but a private person coming in would very likely ask for a cap without a border.
Cross-examined by MR. PHILLIPS. A. Is not the last witness, Brown, in the trade? A. She has been in my employ eleven years—in swearing that she calls them caps, she has sworn truly—an ignorant person would call them cap cauls, but a person in the trade would call them caps—they would call them cap cauls—she is right in calling them either—if it had got a border on, it would be called a cap; as it is, it is a cap caul—this is the head-piece that is sewn on here, and the other part of it is the crown.
EDWARD KIRBY DARLINGTON (City police-constable No. 11.) I got this certificate of Robinson's conviction from Mr. Clark's office—(read)—I was a witness—the prisoner Robinson is the person who was tried and convicted.
ROBINSON— GUILTY . Aged 30.— Transported for Fourteen Years. JOHNSON— NOT GUILTY .
711. ELEANOR CLARK was indicted for stealing, on the 2nd of February, 1 sovereign, 1 half-sovereign, and 1 bank-note for payment of and value of £5, the monies and property of George Cooper, from his person.
GEORGE COOPER . I live in Frederic-place, Mile-end, and am a boot and shoe-maker. On Friday, the 2nd of February, just about midnight, I was a little elevated, and met the prisoner just past Mile-end turnpike—I had been with my brother the best part of the afternoon—I was passing—the prisoner seized me from behind—she began to talk very quickly to me—I listened to her, and walked home to her house—she did not ask me to go—I went quietly on—I think she took me to No. 1, Little Collingwood-street, up stairs—I was there, I suppose, three quarters of an hour—I only gave her 1s., to get a pot of porter and a pipe of tobacco—I had a sovereign and a half-sovereign, wrapped up in a £ 5 note, in my fob, under my watch—I was on the bedstead—I felt the prisoner's hand at my watch, as I thought, and I put my hand down, and the watch fell into my hand—I said, "What is this, how is this?" and immediately I was left in darkness—I suppose it was the prisoner's hand that pulled my watch out—the waistband of my trowsers had become unbuttoned—I judge that was by the operation of the prisoner—the braces were not undone—I missed my money, I suppose a quarter of an hour after she got the pot of beer and the pipe—I did not charge her with stealing it—she was too quick in going away, and leaving me in darkness—I went down to the street's end, and requested a person to tell the first policeman, and in a minute a policeman came to me—I told him, and he knew the prisoner, and knew her residence—I went to the station soon after, and the prisoner was brought, and said, "If you will give me the change, I will tell you where the£5 note is.
Prisoner. Q. Did you not fall against the table, and put the light out. A. No.
JOSEPH CROW (police-constable K 151.) I was on duty in Collingwood-street, and saw the prosecutor—he said he had been robbed, and described the prisoner—I took her in about an hour and a half—I told her some gentleman had been speaking to me, who had lost some moneys—I found her outside, in the street—I said a gentleman had been robbed, and wished to see her—she said, if I would allow her to go and fasten her door, she would go—I allowed her to go—I saw she had something in her hand, but I could not get it from her—I saw her put her hand down towards a hole in the floor of her house—my brother officer came up, took a sovereign, a half-crown, a sixpence, and a penny—when she got to the station-house, sergeant Watts asked what she did with the £ 5 note from the hole—she said if Mr. Cooper would give her the change, she would fetch the note—my brother officer found the note.
Prisoner. You asked where I had been, I said I had a man in bed at a house, and you said no, he was at the White Horse.
JOHN HOWARD RAM (police-constable K 118.) I assisted my brother officer in taking the prisoner. I took a sovereign, a half-crown, a sixpence, and a penny out of the hole—I heard her say, that if the prosecutor would give her the change, she would tell where the£5 note was—I went to the house with sergeant Watts, and he found the£5 note in a hole, dote by the fireplace.
Prisoner's Defence. I met this gentleman at Mile-end turnpike, and went home with him—he was very much intoxicated—I had very little candle and no fire—when he sat down he said he would have something to drink—I went for a pot of porter, some tobacco and a pipe—he went on the bed, and after he got up he said he should like to have a drop of gin—I said I should like a drop too—I went for some gin and a candle—* * * * * * * * * * * * * *—I then found his watch in the bed, and I gave it him—he then said, "Go and get the gin"—I went to look in the bed for some money that I had in my hand when I went to bed, and I found this money—I could not see what it was, and I went out with it—I then gave the publican a half-sovereign, thinking it was a sixpence, and he gave me the change—when I came to look in ray hand I saw this money, and as I came back I saw the officer—he said, "Is that you?"—I said "Yes"—he said, "What have you got in your hand?"—I said, "Some money belonging to a gentleman in my house,"—he said, "He is not there, he is at the White Horse," and I was going to give him his money back again—I protest my innocence of the crime—I had no other intention but to give the money to him.
GUILTY . Aged 30.— Transported for Ten Years.
the 25th of February, I was in Farringdon-street—I was going across the road, and felt some one at my pocket—i turned, saw the prisoner, and laid hold of him—I intended to hold him till some one came to my assistance—he had his hand in my pocket—I had 6s. 4d., and he took two half-crowns, three penny pieces, and two halfpence—I took him, and should have held him, but some men came up, and attempted to strike me—I let him go, and they all ran up Bear-alley—there were three men came up to me—I ran after them, and called, "Stop thief"—my money was found—I saw it at the watch-house.
Cross-examined by MR. PRENDERGAST. Q. I believe more money was found on him than you lost? A. Yes—Bear-alley is on the left-hand side of Farringdon-street in going from Holborn—it is close to the spot where I felt the prisoner at my pocket—I did not take the prisoner—I pursued him, and kept my eye on him, but they took him in a public-house—he was being taken into a public-house when I got up—the person who stopped him is here, I believe—Bear-alley is not opposite the Fleet Prison—I live in Stonecutter-street—my father is a shoe-maker—I live with him—a number of people were running up Bear-alley.
COURT. Q. You let the boy go? A. Yes, because one of the men attempted to strike me—I have no doubt about his person.
MAJOR JACKSON . I am a fireman, and live at No. 14, Bear-alley. I saw the prosecutrix lay hold of the prisoner—I observed three or four people in company, and they walked behind this lad on purpose to cloak him—I received a blow after I ran up Bear-alley—after one of the witnesses had taken the boy, he said, should he go for an officer—she said no, they had better take him to her father, and then they all molested us.
WILLIAM HUTCHINS . I am a gold-beater, and live at No. 10, Newcastle-street. On Sunday evening last I was going down Bear-alley, between eight and nine o'clock, and heard a cry of "Stop thief"—I saw the prisoner running on the other side—I let him pass me—I then ran, and took him at the top—I took him into the public-house—the prosecutrix came up, and said she had been robbed by him—I said, "Shall I go for an officer?"—she said she would rather hear what her father said—I said, "I will take him down"—I took him down to Stonecutter-street, nearly opposite her father's door, and then a party of men got round me, and took the lad from me—I am positive he is the same lad.
Cross-examined. Q. Did he not assert that he was perfectly innocent? A. He did—he said, "Begging your pardon, ma'am, you are mistaken"—I did not hear several people say he was not the person—a number of people came up, but they were entire strangers to me—I did not hear any of them say he was not the person—it was half an hour, I suppose, from the time he left me till I saw him in custody again—I am sure he is the person.
CHARLES KEEL . I am a patrol of St. Sepulchre. The prisoner was pointed out to me as the thief that had robbed the lady—I took him—he was not running—there were a number of persons behind him, and I was obliged to go into a house, for fear of being beaten by them—I did not receive any blows—I was hit—a man, who is gone to Bridewell, struck me when I had the prisoner—the prisoner tried to get away from me, and used his teeth over my knuckles two or three times—I had my finger bitten.
Cross-examined. Q. Were you struck by them or not? A. I was struck by the person who has gone to Bridewell—I did not say I was not struck
from a wish to tell any falsehood—they surrounded me, and I was compelled to go into a house for safety—I had not got a rattle—I did not call out—I went into a house, and there was a person there who was kind enough to render me assistance—I saw the prisoner searched—16s. was found on him—he said that he was going to take the money to his mother; bat during that time I was sent out by the constable of the night, so that I did not hear all that was said.
COURT. Q. Were there any half-crowns among the money? A. Yes.
Cross-examined. Q. Did you ask the prisoner what sum he had? A. I asked him if he had any thing, and he said he had, and pulled oat 3d.—I asked him if that was all he had—he said it was—it is not true that he said he was going to take the money to his mother—he said so at Guildhall, but not at the watch-house.
GUILTY.* Aged 16.— Transported for Ten Years.
JOHN TUCKER . I am a green-grocer—the prisoner lived with me—on the day stated, I gave him 4s. and sent him to buy a bushel of oats, which came to 3s. 10d.—I keep a horse and cart—the prisoner brought me back some oats, and 2d.—I sent for the party whom he had bought the oats of—they came, and there were three pecks only—I do not know exactly what that would come to—I had given him a half-crown and 1s. 6d.—he returned me 2d.
JOHN TUCKER re-examined. He told me he bought them of Mr. Barnard—the oats measured three pecks—they came to 2s. 9d.—he did not say that he had spent all the money except the change—he only gave me 2d. change.
(The prisoner received a good character.)
GUILTY . Aged 18.—Recommended to mercy by the Jury and Prosecutor.— Confined Three Days.
OLD COURT.—Thursday, March 1st, 1838.
Second Jury, before Mr. Sergeant Arabin.
FRANCES WHITE . I am the wife of George White, and live in Byrne-street. On the evening of the 12th of February, a boy, who I believe to be the prisoner, came into my shop—he took a 14lb weight out of the scale and went out into the street—I ran after him, and fetched him back—he had not got the weight then.
Q. Are you sure the boy who took the weight is the boy you caught and
brought back? A. I think he is—I am not positive—he took the weight off a coal-machine in the shop—we keep a coal-shed—I was in the back parlour when it was taken—I cannot tell what has become of it—I never saw it after he took it out—he was a distance off, and a crowd of boys with him—I did not see the boy who took the weight give it to any body—I could not see, because I was a distance off—I was sworn before the Magistrate, and what I said was read over to me—I said before the Magistrate that I saw him give it to another boy—he slipped it into another boy's hand—I took the same boy who took the weight—a great many came from the penny theatre, and took him away from me—I ran after the boy who I saw give the weight to the other, and brought him back—I had seen him before, and knew where he lived, but did not know his name—I am sure I saw him take the weight—I do not know any of his relations—none of them have been speaking to me.
JURY. Q. How long have you known him previous to his coming into your shop? A. I have seen him go by, and he came for a few coals.
CORNELIUS LOVEGROVE (police-constable D 139.) I apprehended the prisoner—Mrs. White told me who he was—she told me his name, and where he was to be found, and said he was the boy who had robbed her—I found him at his father's residence, lying on the floor—I took him up, and said to Mrs. White, "Is this the boy?" and she said, "Yes."
Prisoner's Defence. I never took the weight, nor ever saw it. GUILTY.* Aged 13.— Transported for Seven Years.
(The prisoner has been five times in custody.)
JAMES DAVIS . I am a policeman. About half-past six o'clock on the evening of the 6th of February, I saw the two prisoners in Mary-street, Hampstead-road, nearly half a mile from Mr. Wright's house—they were carrying the stove between them, each having one end of it—I watched them—they took it. to Mr. Sharp, a broker's shop in Brook-street—Williams went into the shop, and Lewsley remained at the door—Williams took the stove in, and afterwards brought it out, and both of them carried it to another broker's, at No. 24, Brook-street—Williams took it in there, and Lewsley remained outside—I then went and made inquiry of Mr. Sharp—I went and took them into custody, with the stove, and found the owner.
THOMAS SHARP . I keep a broker's shop, in Brook-street. The priWilliams came into my shop with a stove, and asked me to buy it—I asked what she wanted, she said 4s.—my wife beckoned to me, and said, "Don't buy it, it is the person that sold you some stolen chairs some time ago"—Williams heard that—I refused to buy it, and she took it away.
WILLIAMS*— GUILTY . Aged 35.— Transported for Seven Years. LEWSLEY— NOT GUILTY .
Before Mr. Baron Parke.
716. WILLIAM BOWERS was indicted for feloniously embezzling 2 certain post letters, while he was employed under the Post-office of Great Britain; the property of Thomas William, Earl of Litchfield, her Majesty's Post-master General: 2 other Counts, varying the manner of stating the charge.
MR. PHILLIPS applied to the Court for permission for the prisoner to withdraw his former plea of "Not Guilty," which being allowed, he pleaded
GUILTY . Aged 33.
(The prisoner received a good character, and was recommended to mercy by the Crown.)
Confined One Year.
717. EDWARD BRENCHLEY HOGWOOD was indicted for that he, while under the employ of the Post-office of Great Britain, feloniously did embezzle a certain post letter, containing 1 half-sovereign, 2 half-crowns, and a£5 Bank-note; the monies and property of Thomas William, Earl of Litchfield, her Majesty's Post-master General: 3 other Counts, varying the manner of stating the charge: 5th and 6th Counts, stating that he was employed by the Post-office, and during such employment did embezzle, secrete, and steal a letter, without stating it to contain monies.
MR. PHILLIPS, on the part of the prisoner, requested permission to withdraw his plea of "Not Guilty," and he pleaded
GUILTY to the 5th and 6th counts. Aged 27. A noli prosequi was entered on the 4 first counts.
Recommended to mercy by the Crown.— Confined Eighteen Months.
Before Mr. Baron Parke.
718. ELLEN M'GRATH was indicted for feloniously uttering a counterfeit shilling to Mary Ann Vandersteen, on the 12th of February, well knowing it to be counterfeit, having been previously convicted as an utterer of base coin.
HON. MR. SCARLETT and MR. CHAMBERS conducted the Prosecution.
CALEB EDWARD POWELL . I am assistant solicitor of her Majesty's Mint. I produce a copy of the record of the conviction of Ellen M'Grath, in July, 1834, at the Middlesex Sessions, for uttering counterfeit coin—I have examined it with the original record in the office of the clerk of the peace, and it is correct—(read.)
MR. JOHN FIELD . I am inspector of coin to the Mint. I was present at the prisoner's trial, in 1834, at Clerkenwell Sessions, when she was convicted of uttering counterfeit money—the prisoner is the person.
JOHN JONES . I keep the Duke's Head public-house, in Norton-falgate. On the 2nd of February, between four and five o'clock in the afternoon, the prisoner came to my house and asked for half a quartern of gin—I served her—it came to twopence—she gave me a bad shilling—I did not immediately discover it to be bad, but, having no change, I took it to my wife—she bit it, and said it was bad—I then looked, and saw it was bad—I took it hack to the prisoner, and told her it was a bad shilling—she was very saucy—I did not return it to her, but kept it in my hand—Bevis, the beadle, was
in the house, and I told him to keep her till I went for an officer—I fetched one, and gave her into custody—I kept the shilling in my hand till she was searched—there were two good sixpences and threepence in copper found on her—I gave the shilling to Bateman, the officer.
Prisoner. It was another woman gave him the shilling—his wife cane and threw it on the counter, and the other woman snatched it up. Witness. It was not so—there was another woman there, but the prisoner gave me the shilling.
Prisoner. It was handed round to four or five persons. Witness. It was not—I am sure it never went from my hand—I marked it with a cross.
JOHN BATEMAN . I was called on by Mr. Jones to take the prisoner into custody—I searched her, and found two sixpences and 5 1/2 d. in copper—the sixpences were good, but one appeared to be gilt—I took her to the station-house—I kept the gill sixpence till after she was discharged, and then I returned it to her—Mr. Jones gave me a shilling—I have not got it here—I kept it till I was called a second time to Worship-street, and then accidentally lost it—the prisoner was discharged at Worship-street on that occasion—I showed the shilling to Mr. Field and Mr. Powell at the office.
MR. FIELD re-examined. Bateman showed me a shilling at Worship-street, when the prisoner was examined on the 6th of February—I examined it, and it was a counterfeit one—I have for many years been accustomed to inspect counterfeit coin.
MARY ANN VANDERSTEEN . I am the wife of Charles Vandersteen—he keeps the Fryingpan public-house, in Brick-lane. On the 12th of Febnury the prisoner came to our house and asked for 2d. worth of gin, which I gave her—she gave me a shilling—I had nobody there—I examined it, and it was bad—I said to her, "It is a bad shilling"—she then gave me two penny pieces, which she had in her hand—I called a man out of the back room, and asked him to look at the shilling—he did so, and returned it to me—it was not out of my sight a moment—he gave it to me again instantly—I sent for a constable—being alone I did not immediately give her in charge, and she went out—I never parted with the shilling till I gave it to the constable—she was brought back to my house by sergeant Power—he said, "Have you had a bad shilling offered to you?"—I said, "Yes"—he said, "Is this the woman?"—I said, "Yes, and she ought to be given in charge"—he detained her, and I gave him the shilling.
Prisoner. You took some more money off a shelf, and mixed them together in your band, and your son had it in his hand—he handed it to another young man, and it fell on the floor—another young man took it up and gave it back to you—you sent for a policeman, but did not give me in charge—another policeman followed me outside the door, and gave me in charge—I did give you a bad shilling—I do not deny it, but which of the two I gave you cannot swear to. Witness. I gave the shilling she gave me to the policeman—I had some bad money on my shelf—I took it down and showed it, and said, "Is this bearable, to have so much bad money?" but I kept it in the other hand—the shilling was never out of my sight from the time I received it from her, till I gave it to the police-man—a man looked at it, but it was not out of my sight—I am positive I gave the policeman the same shilling I received from her.
Monday, the 12th of February—the prisoner was pointed out to me by a police-constable, near the Fryingpan public-house—I took her into custody, and took her to Mrs. Vandersteen's house, from whom I received a shilling, which I now produce—it is the same I received from her—the prisoner was kept in custody.
Prisoner. Q. Did not you mix that with another bad shilling which Mrs. Vandersteen gave you, and did not you pull it out at Worship-street among a parcel of other money? A. No, I did not mix it with any others—I folded it up in paper directly I got it, and put it into my pocket—Mr. Vandersteen gave me-another bad shilling besides, and said he had every reason to believe she passed that one—he gave me that on the following day.
MR. FIELD. I have examined this shilling—it is counterfeit in all respects.
Prisoner's Defence. It is hot the shilling I gave Mrs. Vandersteen—I am innocent of the charge.
GUILTY . Aged 30.— Transported for Seven Years.
(There was another indictment against the prisoner.)
Before Mr. Baron Bolland.
719. ALEXANDER TURNER was indicted , for that he, on the 27th of January, feloniously did gild 3 pieces of the Queen's current silver coin, called sixpences, with materials producing the colour of gold, with intent to make the same resemble and pass for the Queen's current gold coin, called half-sovereigns.
THE HON. MR. SCARLETT and MR. CHAMBERS conducted the Prosecution.
WILLIAM REYNOLDS . I am a constable, and live at No. 19, Ann-street, Pentonville. On the 27th of January I went to No. 127) Wentworth-street, Whitechapel, at a little after three o'clock in the afternoon—two officers, named Duke and Hall, were with me—I found the street-door of the house open—I went up two pair of stairs, followed by Duke and Hall—when I got to the top of the two pair of stain there was no landing—there was a door which was shut—I tried it, and found the fastening of the door——in feeling about for the fastening, I found a piece of cord hanging down—I laid hold of that with my right hand, and put my left hand on the latch—by pulling the cord I removed a log of wood, which was placed against the door, and opened it—I entered the room immediately; and on the left-hand side of the room, sitting in front of a small furnace, on a stool, was the prisoner—he had on a waistcoat with sleeves—there was charcoal in the furnace—as soon as I entered the room he rose up from the seat—he had a small brush in his right hand—Duke and Hall had followed me into the room—I took hold of him on one side, and Duke took hold of him by the other side—he resisted having the handcuffs on, and dropped the brush on the ground—I handed him over to Hall—Duke went to the furnace, turned round, and said, "Reynolds, look at this, feel this"—he showed me a sixpence, as if it had been under the process of gilding—I felt it, and it was quite warm—it appeared yellow—I then went to a bench close to the window, alongside of where the prisoner had been sitting—I removed a tin dish containing charcoal-ashes, and then saw the lid of a tin box—on removing that, I saw three silver sixpences under the box-lid—I called Hall, and gave them to him—he took them up—I afterwards
removed another tin box, and under that found four sixpences, which Hall took—three of them had the appearance of half-sovereigns—they were quite yellow, and the other partly so—I did not find any more sixpences.
Cross-examined by MR. PHILLIPS. Q. Did you find the door open? A. No, I did not—I pulled the cord, which moved a log of wood against the door, and then lifted the latch—I went there in consequence of information—we brought away every thing appertaining to this charge—Duke has some of the things, and Hall some—they were not so many that one person could not carry them.
ROBERT DUKE . I am an officer. I accompanied Reynolds to the house, and entered the room with him—I observed the prisoner leaving one part of the room hastily, and go to the other—I observed the furnace in the room—it was a small furnace—this iron (producing it) contained the charcoal fire in the furnace; and at the back of the furnace was an iron grating, which went into the chimney—the work-bench was immediately underneath it—on the hearth, where the furnace was, I found this sixpence, very near the furnace—it was quite hot at the time, and I handed it to Reynolds, to see that it was so—in front of the work-bench I found this other sixpence; and on the left-hand side of the work-bench I found three other sixpences—I found two vessels containing portions of quicksilver; and at the time I found them they contained also some other liquid, which smelt very strong of vitriol or aquafortis—I found a bottle containing quicksilver; and on the same work-bench I found an oyster-shell, containing some white substance, which, at that time, was in a soft state—I also found a pair of pincers, very near the furnace, and some other tools.
Cross-examined by MR. CLARKSON. Q. I suppose you had seen the officers of the Mint before you went there? A. I had not—I cannot tell who employed me—I am a police officer of Hatton-garden—I cannot tell who sent us to the place—I went with Hall and Reynolds—Hall asked me to go—I had not seen anybody on the subject before I went.
Q. Are you employed as an officer to detect these offences for the Mint? A. I do not know that I am bound to answer.
COURT. You will answer the question. Witness. I am.
MR. CLARKSON. Q. How long have you been so employed? A. Three or four years—I am paid for my time—I am not paid by the job—I am paid for the time I am occupied—I thought you meant, by the lump, whether I had a certain sum—I think I am paid sometimes 5s. or. 7s. a day—I do not know that there is any regular price—the Mint people pay, and Hall pays me.
Q. Now, was not all this got ready to your hands; do not you know that? A. I do not know it—I do not believe it—I know nothing but that I went there—I do not believe it was got ready to our hands—I went in company with Hall—I got to the door before him—there was a latch pulled by a string—I knew nothing about that before, for I took a crowbar with me on purpose to open the door—I did not expect to find the latch and the string to it, nor the log of wood—I certainly expected to find the door locked, as they usually are—I knew what room to go to before I went—Hall told me—nobody else—I swear that—I had not seen Mr. Powell before I went there—I dare say I had not seen him for a week before—I had not seen him three days before, to my knowledge—I will swear I had not seen him on this subject—I had no conversation with him about it—I came straight from Hatton-garden with Hall to the place—another
man, named Buckley, was in our company—he it a street-keeper in St. John's-square—there was nobody else—I swear that—I had not met anybody that day beforehand, nor had Hall, to my knowledge—he has not told me so—I know nothing myself except what Hall told me.
Q. Now, did you not know from Hall, before you went there, that you would find the things there, and the man there ready for you? A. No—nothing of the kind—I did not know the man's name—Hall did not tell me—we had no warrant—there had been no information given to the Magistrates on the subject—the Magistrates had not been informed by the Mint that we were going on the discovery, to my knowledge—I do not believe they had—Hall never told me who employed him—on my oath, I have not seen anybody on this business but officers, nor do I know from Hall that he has—I believe he has not.
Q. Then you believe he went there casually? A. I do not know about that—I have not received any money for this—I expect to get paid for my time—I cannot tell whether I shall have 5s. or 1s. a day for this job—I mean to say that is all we are paid—Hall gets it in the lump, and divides it—I have been employed on many such occasions before—I did not know what we should find in this room when we went into it.
Q. Did not you expect to find coloured sixpences, or something of that kind, in the room, and the materials in progress, when you got there? A. No, I did not know any thing about it—I did not expect to find any thing—I expected we should find, perhaps, some sort of money—counterfeit money—I had no reason to expect to find any thing except something going on with relation to the coin of the country—Hall gave me reason to expect that—he wished me to go along with him to this place, and now you know as much as I know about it—I will swear that.
Q. On your oath, had you any more doubt than you have at the present moment, that you should find there what you did find, or something with reference to some offence? A. I have told you I did not know what we should find there, whether it would be gilt sixpences or counterfeit money—Hall did not say any thing to me about gilt sixpences, nor gilding—I swear that.
WILLIAM HALL . I am a police-officer of Hatton-garden. I went with Duke and Reynolds to Wentworth-street, and assisted in apprehending the prisoner—when I entered the room he was standing up, and Duke was putting the handcuffs on him—I was the last that went into the room, but not above a minute after them—we were all on the staircase together—I took the prisoner into custody from Duke directly I went into the room—I searched him, and while I was doing so, he said I should find no bad money on him, nor them neither—in his left-hand pocket I found this purse, containing ten good sixpences, of various dies—in his right-hand pocket I found a purse, containing 7l. 2s.—after searching him, Reynolds said, "Hall, look here"—I went to the bench where he was standing—he took up a tin cover, and under it were three sixpences—Reynolds gave them to me—these are the three—(looking at them)—he then took up another cover, and there were four sixpences, which he gave me—three of them have the garter removed, and are yellow—I have given the prisoner the amount of the good money found in his right-hand trowsers pocket—there are half-sovereigns among it—I kept the money itself, and gave him other money for it.
Cross-examined by MR. PHILLIPS, Q. Did you take all the money,
good and bad, that you found? A. I did not find any bad—I have only got 4s., due to him—I gave him back the 7l.—I told him to apply to the Magistrates for it, and they said, "Give it him back"—I went by appointment to the house—I was ordered to go there, not by the Magistrate, but by the authorities of the Mint, by Mr. Powell—I took Duke, Hall, and an assistant with me—Mr. Powell never tells me who to take with me—I take who I can get ready at the time—I went to the office and got them—they had been employed by me before—I have a salary from the office for doing public duty as a constable—the Mint pay me, not by the year, but according to the time I lose—that is an extra duty.
Q. Are you not liable, during that time, to be called on by the Magistrates to do their duty? A. Yes, frequently—my duty is to be at the office to-day, but I am here—the Mint reckon up what they owe us, and pay us—I have been employed by them several years—I always send an account that I have lost so many days, and they pay us 7s. a day each, I should say—the others do not send in their accounts—I send in for the three who are here now—I did not know who would be in the house when I went—I went, expecting to find a prisoner or prisoners there—and I expected to find them gilding sixpences, as is described.
Q. Of course, when you employ officers, you tell them what you are going to take them about? A. Every day, when we are going, after we are started—I told the officers, on this occasion, that we were going to Wentworth-street, to apprehend people suspected of gilding sixpences—I told Duke so among the rest—he knew where we were going—I told him, (I think it was on the road that I named it,) I told him we expected to find somebody gilding sixpences—that was from information—I saw Mr. Powell before I went—I believe I spoke to him that morning, but I cannot recollect—I believe I did—I am almost sure I did—it was by his desire I went—I cannot exactly say whether Mr. Powell was alone when I saw him—Mr. Blunt might be in the room at the time—if anybody else was there, it was either Mr. Field or young Mr. Powell—there was no stranger there—Mr. Powell told me the number of the house—I did not try the door, it was open when I went—the street-door was open.
Q. Did you expect to find it open? A. It was open—I did not expect to find it open or shut—I understood it was open—the street door was nearly always open—that was what I was informed, and no doubt it would be open, or something like it; and that I told Duke also—I said, I dare say the door would be open—Mr. Powell told me no doubt the door would be open—I did not ask him how he found that out—he told me to go up to the second story, and there it was likely I should find them—I communicated all this to Duke and my brother officers—I kept nothing from them—I told them what Mr. Powell told me.
Q. Had Mr. Powell described to you the way in which you might expect to find the door of the chamber? A. He did not describe it at the time—there was a large post inside, which was pulled up by a rope—Mr. Powell named that it might possibly be so—he said, "You are to pull the rope and up comes the post, and you will get in"—there was a lock or something inside—I do not know whether the door was locked, for I did not force it myself—I know the men were some time getting in, very likely three minutes—I was standing on the stairs, and by the way they had to push it open, there was something of a lock—I could not get in without
pushing it open—there was a spring, or bolt, or something—I had to put my shoulder to it to open it, after they had got in.
Q. Did not you tell me a few minutes ago you did not know about the door, that they had broken the door and got in before you? A. We were all on the stairs together—they did break open the door and get in before me, but I put my shoulder to it afterwards and opened it—it had slipped too and fastened—they had got inside before that—it slipped too after them, and I pushed it open.
Q. Did Mr. Powell describe to you the trade of this man? A. He said he believed him to be a watch gilder—I expected he was a gilder—I have produced every thing I found—here is a little bottle found in a cupboard, which I believe has had quicksilver in it—I have not been paid for this job.
COURT. Q. Is this a private house, or is it let out? A. It is let out to three different persons—I believe the bottom is a green-grocer't.
MR. JOHN FIELD . I have examined the coin which has been produced—these are all good sixpences—there are three or four of them which are gilt—the three produced by Hall, and they are sixpences of the reign of Geo. IV., and all have been gilded with gold—one of them has bad an alteration on the reverse side, by the removal of the gaiter surrounding the shield—three of those produced by Hall are in that altered state, but not gilt—the garter has been removed in all of them—here is another produced by Hall of the same description as the last—it has been altered, and is in an earlier stage of the process of gilding—it requires the further application of fire, and a brush to part the quicksilver from the gold—all I have now spoken of were produced by Hall.
MR. FIELD (continued.) I am of opinion this appearance could not be produced unless an amalgam of gold and quicksilver had been put on it—in fact I feel convinced of that—I have no doubt of it whatever-r—here is the sixpence found on the hearth—(looking at i t)—this is also a good sixpence, and altered in the same way by removing the garter; it also appears to have the amalgam of gold on it, gold and quicksilver—it is not yet finished.
Q. Are you satisfied that appearance on it, arises from the amalgam of quicksilver and gold, or from the heat of the furnace throwing out the alloy? A. From my experience I have no doubt there is a portion of gold on the surface, a considerable portion of gold on the surface of it—the three are also certainly gilt—here are four other sixpences, produced by Duke, in an earlier state of gilding—three of them appear to have only had quicksilver, but no gold on them—this substance produced in the paper is an amalgam of gold and quicksilver—(this was the substance found in the soft state)—that is a material always used in this process of gilding—the proportion is generally one part gold to six or eight of quicksilver—this process of gilding is usually called water gilding—water gilding is the technical term known in the trade, that is, gilding by amalgam—it is technically called water gilding—there are many other processes of gilding—the silver is generally cleansed by muriatic acid diluted, it is then washed over with quicksilver only, and then the amalgam of quicksilver and gold is applied, by rubbing it on by one of these instruments which have been
produced, and which is generally used for the purpose by watch-gilders; it is then held over a charcoal furnace, the quicksilver is driven away by the heat, and a brush is applied to take away the remaining portions—these basins each contain quicksilver, and the bottles also contain quicksilver—this glass vessel when at the police-office smelt very strongly of acid—I could not tell what—there is quicksilver in it—they both contain quicksilver, and the bottles also—two of these half-sovereigns produced by Hall resemble the sixpences.
Cross-examined by MR. PHILLIPS. Q. I suppose, Mr. Field, as an officer of the Mint, you have seen the Act of Parliament, on which this indictment is founded? A. I have, and have read it every word—I believe there are washes capable of producing the colour of gold, which do not contain gold—I believe there are materials a combination of which are capable of producing the colour of gold, but not containing gold.
Q. I suppose, by the colour of gold you mean coin to look like gold? A. I have said nothing about coin—I am not aware of any materials capable of producing the colour of gold on coin, unless it has gold—I will not undertake to swear they will not produce the colour of gold on coin—lam not a chemist—I carry a little bottle about with me sometimes to test bad silver—it was not given me by a chemist—I saw this amalgam at the police-office—the officer took it away with the other things—I had not seen it before it was at the police-office—I merely looked at it then; but I have to state, that I took a portion of it and tested it, and am prepared to stale what it is, and I have the result of my trial in my pocket—(producing it)—it is an experiment I made from a portion of the amalgam I had from Duke—it was not produced before the Magistrate—I have had it since from Duke, and tested it—that was in the absence of the prisoner.
COURT. Q. What is the result of your analysing it? A. About two grains of gold to about six grains of quicksilver.
MR. PHILLIPS. Q. By whose desire did you analyse it? A. Not by anybody's, but for my own satisfaction—I might certainly have got a portion of it from Duke before the prisoner was examined—I did not weigh the quantity I had from Duke, but I imagine it was about eight grains originally.
Cross-examined by MR. PHILLIPS. Q. I observe something in your deposition which has not been asked you, how much rent does he owe you? A. About nine months' rent—it has been accumulating at 2s. a week—during the time he has been there he has run that back.
MR. PHILLIPS to MR. FIELD. Q. You have sometimes, I dare say, seen coin placed at the bottom of punch-ladles and punch-bowls? A. I have, many times.
HON. MR. SCARLETT. Q. Have you ever known or heard of any wash that would produce the colour of gold on coin, except an amalgam of gold and quicksilver? A. Never—I cannot say that I ever saw any coin at the bottom of punch-ladles or bowls with part of the impression removed—I have seen many Queen Anne shillings—I never saw coin with the garter removed, to my knowledge.
COURT. Q. You have often seen, in that way, silver money gilt, and pure gold money? A. Yes, both.
MR. PHILLIPS. Q. You cannot undertake to say that many of them might not have had the garter? A. Certainly not—there are certainly many things in the world which I never heard or knew of—I do not undertake to say there may not be a wash which is not gold, capable of prodacing the colour of gold on silver.
GUILTY . Aged 54.— Judgment Respited.
Before Mr. Baron Parke.
720. WILLIAM KING and HANNAH KING were indicted for feloniously and falsely making and counterfeiting four pieces of false and counterfeit coin, resembling, and apparently intended to resemble and pass for four pieces of the Queen's current coin, called half-crowns.
THE HON. MR. SCARLETT and MR. CHAMBERS conducted the Prosecution.
DENNIS POWER (police-sergeant H 18.) About eleven o'clock, on the night of the 8th of February, I went into a chandler's shop, kept by James Wolley, and from information I received there, I was led to the Queen's Head—in consequence of information I received there, I went to No. 11, Bennett's-court—Bailey and Garby, two police-constables, were with me—it was between eleven and twelve o'clock—I knocked at the door of the house—the female prisoner answered the door—I did not know her before—I asked her whether a female lived there, named Hill—she said, "No"—I then asked her whether her husband, King, was within—she said, "Yes, he was"—I immediately ran up stairs, desiring the constables to follow me—my lantern was lighted—I went up one pair of stairs—the house consists of two rooms—I went into the room, and saw the male prisoner standing by the bed—he was then trampling on a white substance, which I could see under his feet—I endeavoured to take him into custody—he crossed the room as quickly as possible, and threw a handful of what I considered was half-crowns, into his mouth, from his right hand—I laid hold of him by the throat, and felt them distinctly in his month, and in the passage leading to his throat—I could feel distinctly that they were half-crowns—I could not form any idea of what number—I should say there were a great number—he was unable to utter a syllable, his mouth was so full—I did not get any of them out—he swallowed them—I called for Bailey to assist me—he came and held his hands—he was very violent, attempting to get away—he struggled hard, and while he was struggling the female prisoner entered the room with a lighted candle, which she immediately blew out, and said, "Oh, my God, we are done," or words to that effect—Bailey said, "He is reaching towards the fire"—he had at that time extricated his left hand from Bailey, and Bailey said, "He is endeavouring to throw something into the fire"—(the fire was low)—I looked, and saw him reach his left hand towards the fire—I let go of his throat, and told Bailey to hold him—he got his left hand from me, and passed something from his left hand to the right, and out of his right hand I took four counterfeit half-crowns, which I produce—Bailey said, "There is another at his feet"—I looked down, and saw him endeavouring to conceal a half-crown on the floor, with his feet—I took it from under his feet, and now produce it—I desired the constable to keep him in safe custody while I searched the room—he said, "You need not search any more, you have got enough to lag me"—I searched his person, but found
nothing else on him—I picked up the white substance which he was trampling on, and have it here—I searched, among other places, a drawer in a table, and found a small file, with a quantity of white metal in the teeth of it, as it is now—I then found two Britannia metal tea-spoons; and on the mantel-piece, a large tobacco-pipe, with a quantity of metal in it, and black, as if it had been in the fire—the male prisoner then said, "That will help to transport me"—I found a pair of scissors on the mantel-piece—I afterwards found a flour-tub in the room—on looking into it, both the prisoners stated, nearly with one breath, that it contained flour; but on examining it, I found it was plaster of Paris, in powder—I then went into the lower room, and found, in the table-drawer there, a sheet of glass-papper—I asked the male prisoner if he knew any thing about Hill—he said he did not—he said a man must do something for a living, and he might as well be transported—I told him not to say any thing more to criminate himself.
Cross-examined by MR. PRENDERGAST. Q. Did he not complain of his situation being very bad? A. Yes.
WILLIAM BAILEY (police-constable H 104.) On the 8th of February, Thomas Fuller called me into his shop, and gave me a bad half-crown—Power, the officer, came in soon after; and, in consequence of what patted, I went with him to the prisoner's house—I have heard Power's evidence, and confirm what he has said.
MR. JOHN FIELD . I have examined the stuff produced by the officer—it appears to me to be parts of a plaster-of-Paris mould, for the purpose of casting half-crowns—on three of the pieces there remains a small portion of the impression of the obverse side of a half-crown—I can trace some of the letters—here is "E, J, G, R, A," on one of the pieces, and "R, G," on another—I am satisfied it has been a mould for half-crowns—I have examined the five half-crowns, they are all counterfeit, and have all been cat in one mould—they are Britannia metal, a similar kind of metal to the teaspoons produced—the half-crowns are of the date 1818, and I believe this portion of the mould has been made from the same coin—this powder is plaster-of-Paris—the tobacco-pipe contains white metal of a similar description—this tin band is used to put the mould into shape—the roughness is taken off the coin with a file, and the glass paper is used after the file—the scissors would cut off the get which fills up the channel of the mould.
Cross-examined. Q. Are there any portions of the mould you can show to the Jury that they can distinguish the letters on? A. There are letters on it which they can distinguish.
Q. May there not be letters precisely answering to these on the coin of a foreign country? A. I cannot say that it is impossible—there are many coins without the words "Dei Gratia" on them—glass-paper is used in a great many trades.
MR. SCARLETT. Q. One part of the mould has part of the circle? A. There is part of the engrailed edge—the edge of the half-crown corresponds with it.
WILLIAM KING— GUILTY . Aged 31.— Transported for Seven Years.
HANNAH KING.— NOT GUILTY .
Before Mr. Baron Bolland.
721. HENRY CLARK was indicted for feloniously uttering a counterfeit shilling to Samuel Crask, on the 22nd of January, well knowing it to be counterfeit; he having been previously convicted as a common utterer.
THE HON. MR. SCARLETT and MR. CHAMBERS conducted the Prosecution.
CALEB EDWARD POWELL . I produce a copy of the record of the conviction of Henry Clark, at Lewes, in February, 1836—I have examined it with the original record in the office of the Clerk of the Peace at Lewes, and it is a true copy—(read.)
ISABELLA COSTIN . I am the wife of Philip Costin, a tobacconist, in Baker-street, Strand. Between twelve and one o'clock, on the morning of the 18th of January, the prisoner came to our shop, and asked for two Cuba cigars, which came to 3d.—he offered a half-crown in payment—when he put it on the counter I saw that it was bad, and asked him if he had any more like it—he said, "No," and he did not know what I meant by that—I said, "This is not a good one"—my husband, who was in the parlour, came out on hearing me say that, and called a policeman, who took the prisoner into the parlour, and searched him—I kept the half-crown, and showed it to my husband—the prisoner was let go—as only having one piece, we thought it no use keeping him in custody—I kept the half-crown till the 29th of January, and then gave it to the policeman at Bow-street—I am quite satisfied the prisoner is the man who gave me that half-crown.
Prisoner. Q. What can you swear to me by? A. By your appearance altogether—when I went to Bow-street, there were five more prisoners besides you—the policeman did not say, "That is the one, with the red comforter and plaid waistcoat"—he did not say I must swear to you.
COURT. Q. When you went to Bow-street, did you see other persons besides the prisoner? A. Yes—I did not recognise him at first—the goaler desired him to pull a comforter down, which he had about his face, and concealed part of it, and then I knew him immediately.
RICHARD HELMSLEY (police-constable F 69.) I was called in to Costin's shop, and saw the person who passed the half-crown—the prisoner is the man—I searched him, but found nothing on him, except a farthing, which he had in his hand—I received a half-crown from Mrs. Costin, and have it here—(producing it)—I received it from her on the 29th of January.
Prisoner. Q. Can you swear that is the same half-crown you received? A. Yes, by a mark on it which I made with my teeth, and likewise I saw it beaten with two weights—this is the same.
COURT. Q. Was that done when you were called into the shop, and the half-crown shown to you there? A. Yes, and then I returned it to Mrs. Costin—the marks are on the head—(pointing them out.)
SAMUEL CRASK . I keep a public-house in Drury-lane. On the evening of the 22nd of January, the prisoner came in, in company with another man, and asked for a pint of beer—I served him—he offered me a counterfeit shilling—I was aware, before I took it up, that it was counterfeit, as I knew the parties—I told him it was bad—he asked for it back—I refused to let him have it back—I went round the front of the bar, and detained
him, while my man went for a constable—when I got to the station-house I put a mark on the shilling—I gave it up to the inspector, who ordered the constable, Wheatley, to take it into his custody.
Prisoner. Q. You say before you took it up you knew it was bad, because you knew the parties—can you swear that I practised such things? A. I had you pointed out as a notorious character when I was in the police—I could have witnesses to prove it if necessary.
CHARLES JOHN WHEATLEY (police-constable F 124.) I took the prisoner into custody at Mr. Crask's house, and I took him to the station-house—I searched him, but found nothing on him but a good shilling—I got a shilling from Mr. Crask, which I produce.
MR. FIELD. I have examined the shilling and half-crown—they are both counterfeit.
Prisoner's Defence. I know nothing at all of the first piece of money—I am as innocent as yourselves—I offered the other piece, but did not know it was bad—when Mrs. Costin came to Bow-street, she said she could not swear to me.
GUILTY . Aged 21.— Transported for Seven Years.
Before Mr. Baron Parke.
ROBERT MARTIN . I am a surgeon. I saw the deceased, James Wallis, before he died—he was quite insensible when I saw him—he was brought into my surgery—I could not discern any external mark, except a little blackness under the ear, and scratches on his cheek—he died on the 7th of February—I examined his body after death—it was not dissected at all—I could not decidedly ascertain the cause of death, but I believe it was caused by the rupture of a large vessel about the neck—it was most likely the carotid artery, but it was one of the large vessels—I observed traces of black under the left ear.
Cross-examined by MR. BALLANTINE. Q. When you examined him after death, had you heard the circumstances? A. I heard he had been knocked down—he was about nineteen or twenty years old, I should think—there was nothing about the appearance of the body at that time to lead me to suppose the vessel was ruptured, but afterwards there was—on the day following his death there was a great deal of extravasated blood about the upper part of the body, and decomposition had commenced—a very heavy blow under the ear might have caused it—I saw him within two minutes of the blow being given, and there was not time for much appearance.
Q. May a person have a tendency to the rupture of a vessel? A. There may be, but generally there are previous appearances of such a disease having existed—a blow of the kind given might at any time have such an effect, but a blow will not on all occasions produce death.
COURT. Q. Had you any reason to attribute his death to any thing but the blow under the ear? A. None—I did not bleed him—he was too far gone—he only breathed twice after coming into my surgery.
WILLIAM PAYNE . I knew the deceased—I was present at the time he had a fight with the prisoner—it was on "Wednesday, the 7th of February—I saw him come up to the prisoner, and the prisoner went up to him. and struck him three or four times—he had given him no provocation
—it was in the street, at the top of Britannia-row—I saw where he struck him—it was under the left ear—he struck him three or four times—they were hard blows—the deceased said, "Come into the fields, and I will fight"—that was all he said—he fell down, and I and another boy picked him up.
Q. Did the deceased strike the prisoner at all? A. No—I and another picked him up, and put him on Mr. Holt's, the baker's, step—Mrs. Holt brought out some water and sprinkled his face, but it did not revive him—Hawes and Charles Payne took him over to Mr. Martin's—I afterwards saw him brought out of the surgery, and he appeared to be dead then.
Cross-examined. Q. Did he strike him more than once under the left ear? A. Yes, three or four hard blows—it was after the first blow that he said, "Come into the fields and I will fight you"—he said nothing after he had received all the blows, but fell.
COURT. Q. Did you know of any quarrel between them before? A. No—they were both sober—it was about five o'clock in the evening, getting towards dark.
HENRY HAWES . The deceased was at my house in the afternoon—a few weeks before this happened there had been a quarrel, and he went to take the prisoner's brother's part—he was sober when he left my company on the evening in question—I saw the prisoner strike the deceased two or three hard blows about the neck—ha fell back into the road—I instantly went up and assisted in taking off the deceased's handkerchief, and then took him to the doctor's—he never spoke after that—I thought he was stooping down to pick up his hat when he fell.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined Six Months.
First Jury, before Mr. Common Sergeant.
723. LAWRENCE OPPERMAN the elder, and LAWRENCE OPPERMAN the younger, were indicted for stealing, on the 8th of February, 1 purse, value 1d.; 1 piece of foreign silver coin, called a half-franc, value 5d.; 5 sovereigns, and 10 half-sovereigns; the goods and monies of Daniel Morris, in his dwelling-house.
DANIEL MORRIS . I live at No. 113, York-street, Cumberland-road, and am a colourman. I was threatened with an execution, in consequence of which I got my landlord to put a distress into my house on the 7th of February—my wife might have 5s. or 10s.—I knew of no other money being in the house—she attends to the business in my absence—I do not do much business—my wife always gave me an account of the money she received for things sold—I never found a deficiency in her accounts—she has no other means of having money—she has no property of her own.
Cross-examined by MR. DOANE. Q. You were in pecuniary difficulties at the time? A. Yes—I was threatened with many actions for debts contracted when I was in business with my brother—I was very much pinched for money—it was in consequence of that I induced my landlord to put in a distress for rent—I gave my wife orders to pawn our wearing apparel at Christmas, and she did so.
the father first, and the son afterwards—when the father came he gave the warrant up to one of my young men to hold till he sent in a man—shortly after, his son came, and it was given into his hands, and the workmen went to dinner—I said to the younger prisoner, I should have been very happy if he had come sooner, as I was in expectation of the sheriff's officers coming—he said, "Indeed, I am very much in the habit of being where they are"—I asked what they would do when they first came—he said they would search my person, and take whatever I had, even my wedding-ring, and I had better secure what I had—I went up stairs, and took from a little jar five sovereigns, ten half-sovereigns, half a franc, and some duplicates. Q. How came you to have this property up stairs? A. I had deprived myself at times of the common comforts of life, and in my confinement actually went without common necessaries—having an infant family, five under nine years of age, I was always under the necessity of being very careful—my husband allowed me a stipulated sum for the house, and whatever I saved, by going to market from one end of town to the other, I considered was my own.
Q. Did yon pawn your husband's clothes, having 5l. up stairs? A. Yes—he did not know I had the money—when I came down stairs with the money in my pocket, I took from the counter a knife, proceeded down into the cellar, and dug a hole between two posts, and buried the money in the cellar—I remained there six or seven minutes, and on rising from the ground I heard footsteps over my head, and on coming up I saw the younger prisoner come to the end of the counter, handling some money—I said, "Don't interfere with that, or you will injure the work"—I went up stairs—between six and seven o'clock his father brought his great coat—they retired to the back shop, and had some conversation—I disturbed them on going in, and asked them to come up stairs to see my husband—they remained about the room till nearly eight o'clock—the father wished the son to go home—I wished him to stay, and said I would find him accommodation—he would go, and left the warrant in the hands of one of my men—at twelve o'clock I went up stairs, and said to a workman, "Henry, you had better not work longer, it is late"—he came down stairs before me—I let him out, and locked the door after him—I went down into the cellar, and disturbed the mould again, and took 18d. out of the purse which was buried, for the next day's expenses—it was all right then—I buried it as before, and went up stairs to bed—between six and seven o'clock, Henry Florio, our journeyman, came, and I gave him the inventory and warrant—he continued there till twenty minutes after eight o'clock, when a knock came to the door, and I went down with him—I let in another journeyman, and went up stairs again, and Henry Florio before me—shortly after, I heard another knock at the door, I came down and saw the younger prisoner in the shop, and saw the elder prisoner come up from the step ladder of the cellar into the shop, buttoning his coat, and seeming very much confused and agitated—I said I felt greatly alarmed in consequence of his taking his son away last night, and I had kept the workman till twelve o'clock—he said then to him, "On no account do you leave this place to-day"—I said any thing he wanted I would bring him—he said, "What victuals he wants you must find him, or give him 1s. a day"—I said I considered it quite extortion—he went through the shop, returned, and said he had dropped his glove in the cellar—he went down, went out, returned in a few minutes, and went down into the cellar—his son went down after him—I
went, and could see the elder prisoner standing over the hole with his arm down where the money was—the younger prisoner was by the side of him, crumpling writing paper in his hand—I stood back at our counter—the father went through the shop and said nothing—the son came up and seemed confused, and said what a d—d old fool his father was—he had lost half a sovereign in the cellar, and he had been helping him to look for it—at that moment I had no suspicion—I thought the paper in his band was the inventory, and he might be looking the goods over—shortly after, my husband came into the shop, and said he wanted some money, and must have some—I said I would give him a few shillings—I found the money was gone.
Cross-examined. Q. Was the property ever found? A. No.
JURY. Q. Were not your journeymen in the habit of going into the cellar? A. Yes; but they could not go down without my knowledge.
COURT. Q. How did the prisoners behave to you? A. Very civilly—they came in on a civil arrest at my husband's wish—the father went down without my knowledge—there was 18d. in silver in the purse.
MR. DOANE. Q. Have not you said you saw the prisoners come up from the ladder? A. Yes—that was after I missed, the money—not behalf-franc fore—there was 18d. in silver in the purse, besides the gold, and one—if I did not mention that at first I beg pardon.
NOT GUILTY .
724. EDWARD SPENCER was indicted for stealing, on the 5th of February, at St. Pancras, 1 bag, value 2d.; 26 half-crowns, 126 shillings, 99 sixpences, and 26 fourpenny-pieces; the goods and monies of James Boroughs, in his dwelling-house.
JAMES BOROUGHS . I keep a baker's shop in Chichester-place, in the parish of St. Pancras. On Sunday afternoon, the 4th of February, I reckoned up the money in my till, and it rather exceeded 12l.—it was in a bag—it consisted of half-crowns, shillings, sixpences, and fourpenny-pieces—on the following morning, about eleven o'clock, I saw the bag safe in the till—about three or four o'clock in the afternoon, I was sitting by the fire in the parlour, when my niece gave me information of a man being in the shop at the till—I ran into the shop as quickly as I could, and saw the prisoner standing close to the side of the counter—I went up to him—I did not exactly know what he had done, and said, "Well, young man, what do you want?"—he said, "A penny-loaf"—my niece saw I did not understand what she had said to me, and she said, in his presence, "Why, uncle, the man has got your bag of money, I saw him take it out of the till"—I said, "You said a penny-loaf, did you; but what have you been about with the till?"—he said, "Nothing"—I said, "You should not do so, you know it is very wrong"—my niece came behind him and locked the door—when he found he could not get away, he took from his person the bag of silver and placed it on the counter, between me and himself and the till—he then tried to get out at the door, but I got round the counter and secured him—I told my wife to step out for a policeman, who came and took him into custody.
Cross-examined by MR. DOANE. Q. Have you any other Christian name but James? A. No, I have no partner—the prisoner produced the bag from his right hand, on the counter, between me and himself, when he found he could not get away—he had some chops in his other hand.
MARY ANN MEARS . I am the prosecutor's niece. I was sitting in the parlour at work on the day in question—I came into the shop, and saw the prisoner reach over the counter, put his hand into the till, and take the bag of money out—he then shut the till, and placed the bag between his body and the counter—I made my uncle sensible of it, and then shut the door and locked it—he held the money in his hand while he asked my uncle for a penny-loaf—when he found the door was fastened, he came to the counter, and placed the bag on the counter.
Cross-examined. Q. Where were you at first? A. At the end of the counter—he was between me and the door at first—I am quite sure I saw him take the bag out of the till—he was nearer to the door than I was—after he got the bag, I had to go by him to get to the door to lock it.
Prisoner. Q. Which hand did I reach across the counter with? A. Your right hand.
Prisoner. I am a cripple with my right arm, and wag not able to resell across. Witness. I verily believe he took it with his right hand, and I am quite sure I saw him put down the bag—I was standing in the parlour at first—there is a short curtain to the window.
(Property produced and sworn to.) GUILTY.* Aged 19.— Transported for Seven Years.
WILLIAM ROSS . I live with my son, William Charles Ross, in Upper Charlotte-street, in the parish of St. Pancras. On Saturday, the 25th of January, the prisoner was pointed out to me, passing by my son's home—I went to him, and told him that my son had been robbed, and he was suspected of it—he said he was perfectly innocent—I said if he was, would he go with me, and clear himself at the station-house—he said he had no objection whatever, and went with me—I gave him in charge.
EDWARD PONSFORD . I am servant to Mr. Ross. On Monday, the 22nd of January, I counted over the plate, and missed three silver tablespoons, and six forks—I cannot say within a month when I had seen them safe—the prisoner is my brother, and used to visit at the house—I have often left him alone in the house when he came to visit me—(looking at a fork)—I cannot positively swear to this, I have often cleaned my master's plate—there is no crest on it—(looking at two silver spoons and another silver fork)—these all bear the maker's name, and the marks are similar to my master's.
Prisoner. Q. Used anybody else to visit at the house as well as me? A. Yes.
WILLIAM GALILEE SAVILLE .—I am a pawnbroker. I have produced a silver table-fork, and two silver dessert-spoons, which were pawned by a woman named Elizabeth Devanney—I did not know her previously—I have not weighed them—I believe them to be worth about 25s. or 30s.—
they were pawned on the 27th of December, 29th of December, and 4th of January.
Prisoner. I was employed by Mrs. Devanney to pawn the spoons, and her daughter sent me to do it—Mrs. Devanney has absconded since the last two hearings I have had.
THOMAS JAMES WOOD . I live with my mother, who is a pawnbroker, in High-street, St. Giles's. I produce three silver dessert-forks—one was pawned on the 26th of December for 5s. by the prisoner, in the name of James Stock, and one on the 13th of January for 5s. by the prisoner, in the name of John Stock, 5, Grafton-street.
Prisoner's Defence. I got them in the same manner as the others, by the girl's mother—about a week before Christmas I went to Mrs. Devanney's house in Monmouth-street, to sell a book, and while there a man came and offered a silver fork for sale, for 10s.—she bid him 7s.—he took the money, and went away—I went the following day to see if the book I sold her was gone, and she employed me to go to the pawnbroker with her daughter, saying if I would go, she would give me what the book sold for my trouble—I went in three or four times at her request, and she paid me for my troubled.
EDWARD PONSFORD re-examined. I do not know Devanney—I never saw her at the house till after the plate was missing—I have been with my brother about ten years, and never knew him guilty of any thing of the kind before.
NOT GUILTY .
726. JOHN COOPER was indicted for feloniously breaking and entering the dwelling-house of Elizabeth Matthews, and stealing therein 1 writing-desk, value 10s.; and 2 account-books, value 3s.; the goods of Thomas Garfield.
THOMAS GARFIELD . I live at No. 12, Bath-buildings, Baldwin-street. I lodge there—I do not rent the house—it belongs to Elizabeth Matthews, and is in the parish of St. Luke—I work up stairs, but have the use of the parlour to ask my customers into—the key is always in the door—it is for the use of the persons in the house—about a quarter after six o'clock I put the front shutters too—the window was shut and fastened—the parlour-door was open—I had a desk which I saw safe about half-past seven o'clock—I missed it at eight o'clock, when I was called down—it is worth 10s.
JAMES MATTHEWS . I am the son of Elizabeth Matthews, who keeps this house, No. 12, Bath-buildings. I came home about eight o'clock on the evening in question—when I knocked at the door I saw the shutter open—I went to shut it, and saw the window open—that was the window of the room Mr. Garfield had the use of—I knocked again directly, seeing the window open—my mother brought a light—I then went into Baldwin-street, and saw the prisoner, with the desk under his arm—I took it from him, and he ran away—I followed him—he ran up a street, and was stopped—
I do not know that I charged him with any thing—this is the desk I found on him—(produced.)
WILLIAM PACKWOOD . I am a carman. On the evening in question, about eight o'clock, I was standing at my door, and heard a cry of "Stop thief"—I saw the prisoner running, and a witness pursuing him—I caught him, and conveyed him to the station-house—the witness had got the desk under his arm, following him with it.
Prisoner's Defence. I went up at the side of the buildings—the desk was tied in a handkerchief, underneath a lamp-post, and I picked it up.
GUILTY . Aged 17.— Confined One Year.
727. JOHN RICE and JAMES WILCOX were indicted for feloniously breaking and entering the dwelling-house of Edward Smith, on the 7th of February, and stealing therein 6 tame pigeons, price 20s.; and bird-cages, value 5s.; his goods and property.
MARY SMITH . I am the mother of Edward Smith, and live with him, at No. 24, Worship-street; it is his dwelling-house, and in the parish of St. Leonard, Shoreditch. On Wednesday evening, the 7th of February, I shut and locked the shop-door, and the cellar-flap was fastened by a chain—I left the shop—I came into the shop several times after; and, about a quarter to nine o'clock, when I came in again, I found the street door open—the lock was undone, and somebody had unfastened the door, which had a springlock—I suppose they had got in from the cellar-flap, as it was found open afterwards—I found the door open, and the pigeons were gone—my son keeps a bird-shop—those birds which were taken were opposite the door—they must have opened the street-door, and given them out to somebody.
CHARLES ANDREWS . I live at No. 50, Brick-lane, Spitalfields. About ten o'clock, on the 7th of February, the prisoners came to my shop to sell two pigeons—I asked if they were their own—they said, "Yes"—I asked where they lived, they said, "At No. 14, Dorset-street, Spitalfields"—I asked what they wanted for them—they said, 2s.—I gave them 1s. 9d.—one of them asked the other whether his father would let him take the money—they went as far as the door, then came back, and said, "Oh yes, he will," and I bought them—they had two pigeons, but no cage with them.
Wilcox. We bought four pigeons and two cages.
Rice. He only gave us 18d.—we came out of the shop, and asked some boys outside—they said it was all right, and he gave us 18d. for them—the two boys outside belonged to them. Witness. Some boys ran away when I caught the prisoners.
WILLIAM PENN . I am a brassfounder, and live in Angel-alley, Bishopsgate-street. On the night of the 7th of February, between seven and eight o'clock, the prisoner Rice came and asked me to buy a bird in a cage—I bought it, and was to pay for it next night—he came next night, and said, "Bill, can you let me have the money?"—I said, "My father says I must not give you 1s., I will give you 8d. "—he said, "Very well"—I gave him 6d.—next day Wilcox came to me, he said I had bought a bird of Rice, and I owed him 2d., and I was to give it to him—I gave him 1/2 d.—the bird is since dead—this is the cage—(producing it.)
WILLIAM OGER . I live in Newman's-place, Bishopsgate. On Wednesday evening, the 7th of February, about nine o'clock, the prisoners came to me, and told me they had got six pigeons, three cages, and two birds—they said they had broken a chain, and got down into the cellar, and got up into the shop, that Rice was on the grating, hitting his foot, to tell Wilcox to come out with the things, and that he brought them out, and gave Rice the pigeons—he ran into the road with them, as he would not walk on the pavement with Wilcox.
Q. How came they tell you this? A. I had been with them at first, when they could not break the chain.
Wilcox. We did not tell him any thing at all—he was not with us—a witness is here, named Mrs. Green, who heard us tell him we bought them. Witness. No—they came to Mrs. Green's house, and told me they had broken the chain, and Mrs. Green turned them out—I had been with them the night before, when they could not break the chain, and Wilcox bought 1d. box of lucifers, and then I left them—they told me they were going to a coffee-shop till it got late.
Rice. He does not know that they are his—we did not know who they belonged to.
Wilcox's Defence. I and Rice were out spending some money—I was going home with him, it being holiday time—two boys were walking along—one had a pigeon in his hand—we asked what he was going to do with it—he said, to sell it—we asked him what he wanted for it—I did not like it much, and would not buy it—he said, "Will you sell them for us?"—I said, "What is the use of selling them for you?"—we took these two into the shop to sell them, as he said he would give us 3d.—we asked the witness 1s. 9d—he bid us 18d.—I came out and asked them if they would take it—they said, "Yes," and we took the money and gave it to them—we then bought the other two pigeons and bird-cages of him.
(The prisoners received good characters.)
RICE*— GUILTY . Aged 12.— Confined One Year, and twice whipped.
WILCOX— GUILTY . Aged 13.— Confined Three Months.
JAMES GILBERT . I live at Heston. On Monday morning, the 19th of February, I turned my horse into the orchard adjoining my premises, a little before nine o'clock, and a little after ten o'clock I missed it—I traced it to Notting-hill, and saw it in the stable of the Coach and Horses there.
Cross-examined by MR. DOANE. Q. Can you tell whether the prisoner's father ever had the horse? A. It had been his father's horse—I had had it about six years—the prisoner is my son-in-law—I did not buy the horse at all—I married the prisoner's mother, and the horse belonged to her former husband.
COURT. Q. Did the prisoner ever lay claim to it as his? A. When he has been at work with the horse I have upbraided him for beating it, and he always used to say, "It is as much my horse as it is yours," as if he considered it as much his own as mine—the Magistrate bound me over, or I should not have prosecuted.
JOHN BALDWIN . I live at Heston. About ten o'clock I met the prisoner with this horse—I asked what he was going to do with it—he said he was going to walk it out for half an hour, to do it good, as it had been unwell for two or three days.
CHARLES THOMAS . I am a horse-dealer, and live in Praed-street, Paddington. On Monday morning, at ten o'clock, I met the prisoner, leading the horse—I asked him if it was for sale—he said, "Yes"—I asked him the price—he said 8l.—I said it was too much, and bid him 3l. for it—he would not take it—we went to a public-house, and he said he would let me have it for 3l.—I said if he would come to the Coach and Horses I would pay him for it—I asked who it belonged to—he said, "To a man at Southall"—I put it into the stable, and the policeman came and found it there.
ISAAC BALLARD . I am a policeman. I apprehended the prisoner in New Brentford, on the 19th of January—I asked him if his name was Watson—he denied it—I took him to the station-house, as he answered the description I had had.
NOT GUILTY .
NEW COURT.—Thursday, March 1st, 1838.
Fifth Jury, before Mr. Recorder.
729. CHRISTOPHER HATLEY was indicted for stealing, on the 31st of January, 3 window sashes, value 40s., the goods of Elizabeth Mary Gossett, belonging to a certain building; to which he pleaded GUILTY . Aged 30.— Confined Twelve Months.
ELIZABETH BELL . I was servant to Charles Eatwell; he lives at No. 12, St. John's-square, Clerkenwell, and keeps the Albermarle Head. On the 8th of February I was in the tap-room, about one o'clock, and saw the prisoner take a pint pot off shelf in the passage, and take it out of the house—I told the pot-man what I had seen, and sent him after him.
JOHN PARCELL . I am pot-man to Mr. Eatwell. On the 8th of February, Elizabeth Bell gave me information—I followed the prisoner, and took him in St. John-street—I found one pint pot under his arm—that was Mr. Eatwell's—he had got it in a bag.
CHARLES EATWELL . I detained the prisoner when Parcell brought him back—I kept one pot while they went for a policeman—the prisoner was taken to the station-house—the pot was mine—I saw the prisoner searched, and two other pots of mine were found on him—these are the three pots—(looking at them)—they are worth 3s.
JOHN COOKE (police-constable G 189.) I was in St. John-street, on the 8th, the prosecutor sent for me and gave the prisoner in charge—I took him to the station-house, and found on him two pint pots, which are here, inside his small-clothes.
Prisoners Defence. I have been laid up under the doctor's hand, and it was poverty brought me to do what I have done—I have no parents.
GUILTY.* Aged 18.— Confined Six Months.
732. WILLIAM RAIKER was indicted for stealing, on the 29th of January, 1 coat, value 2l. 2s., the goods of Henry Andrews, his master; and JOHN WINSBY , for feloniously receiving the same, well-knowing it to have been stolen; against the Statute, &c.—2nd COUNT, for feloniously receiving the same of an evil disposed person.
HENRY ANDREWS . I live at No. 18, Foley-place, and am a mechanic. I lost a great coat on Monday evening, the 29th of January, from the passage of the house—the prisoner Raiker is errand-boy to my wife, who is a milliner—he had been with me between three and four months—he did not leave me till the following Monday—I had not discharged him, as I did not suspect him—after that he came to my house with his father—the other prisoner was not with them at first—they went and fetched him, and Winsby said he had received the coat at the door of my house from Raiker—Raiker was there, and his father, and the officer, and they brought with them the man who bought the coat of him—his name is Carpenter.
Cross-examined by MR. PRENDERGAST. Q. The statement was, that Winsby was at your door and took the coat? A. Yes, that was said by Winsby and Raiker too.
Cross-examined by MR. THOMAS. Q. I believe Raiker's father came to you before you found out who took the coat? A. Yes; I believe he was the means of its being found out—I did not urge the father to find out the thief—he came to me on the Monday, and accused me of charging his boy, but I did not accuse him as I had not suspected him—the father got rather milder, and then asked what sort of a coat it was, and then he said he did believe his boy knew something of it, as he had told him a very great story—I did not tell him if he would get the boy to confess I would not prosecute him, nor any nothing of the kind—he did not tell me he had traced the coat—the officer went with him to fetch Winsby and Carpenter—I did not know Winsby's name—I did not send for Raiker to identify Winsby—the officer came—Mrs. Andrews sent him into the room, and they went to fetch Winsby—I walked with them to the passage—I was at home when the prisoners and the father came—I had seen Mr. Raiker in an earlier part of the morning, when he came to say I had accused his key, which I had not—till he brought his boy in the evening, I did not know where the coat was, nor who took it—when they were both in the parlour, Winsby said he took the coat of Raiker at my door, and sold it to Carpentei for 18s.—Raiker was there then, and then we went to the
station-house—I was at home when the policeman came—Mr. Raiker came first with his boy, and just at the juncture of time the officer called, as I had spoken to him—Raiker then told me that Winsby had had the coat—Raiker said, before they went to fetch Winsby, that he would tell them where the other boy was, if he could find him.
THOMAS CARTER (police-constable E 78.) I went with Raiker to fetch Winsby—we took another boy first—Raiker said he was not the boy—he went with us, and we found Winsby—Winsby said, "I know what you want me for; don't collar me, I will go quietly"—we took him to the station-house—he said he had been to sea, and he dare say he should go again; he dare say he should be transported—I saw Mr. Andrews before I went and found Winsby—Raiker said, when we were all together in the house, that he had taken the coat, and given it to Winsby at the door, and Winsby said the same.
Cross-examined by MR. THOMAS. Q. What time in the evening did you go to Andrews? A. At half-past six o'clock—I had no one with me then—Mr. Andrews came in while I was there, and then Raiker's father came—Andrews asked Raiker about it—he said his son had told him the coat was taken by him, and that he gave it to Winsby at the door—I do not recollect hearing Mr. Andrews say he would not hurt the boy—I cannot swear it was not said—the father, and I, and Raiker went and took Winsby in half an hour—we found him in the street.
ROBERT JACKSON . I bought this coat of Carpenter—I gave him 1l. 7s. at his request—he asked me that, and I gave it him—he prevailed on me to have it because he had laid out some money which he had had of my fellow-servant, and I bought it of him.
MR. THOMAS called the following witnesses on behalf of the prisoner Raiker:—
—RAIKER. I am the prisoner's mother. I recollect this transaction about the coat perfectly well—I did not see Mr. Andrews—I saw a gentleman who had been to Mr. Andrews, who said that he would not hurt a hair of the boy's head—he is not here—it was Mr. Buck, the prisoner's former master.
THOMAS RAIKER . I am the prisoner's father. I went with another person to Mr. Andrews, and when I told him of accusing the boy of stealing the coat, I understood he had the intention of giving him in charge, but after I told him that I was the boy's father, he said it never was his intention to give him in charge, not only on the boy's account, but of myself and family—I then asked him to give me a description of the coat, which he did, but that varied so much from the description my boy gave me a week before of his master losing a coat, that I told Mr. Andrews—he solemnly declared before me that if I would get it out of the boy whether he had or not taken it, he would do no more in it; he would not punish the boy, he would not hurt a hair of his head—in consequence of that, I went home and told Mr. Andrews to send the boy after me—I told my son my reasons for sending for him, and told him if he would confess to it I would never even mention the circumstance to him; that Mr. Andrews had said the same to me, if he would tell what he had done with it—he denied it to me—I went, and left
him with his mother, and he told her—when I came back, he said he had taken it off the peg in the passage, and handed it to Winsby at the door, that he had been out on an errand for his master or mistress, and had met the boy, Winsby, who asked him if there was any plate or any thing he could steal—he said no—he said, was there a coat or any thing? as he knew of a regular place where be could take it to; and then it was all arranged how he should take it—I am quite confident that Mr. Andrews made that promise to me—that was Monday—I returned in the evening, and told him my success in tracing the coat, from the boy's confession.
MRS. RAIKER re-examined. I have heard what my husband has said about the prisoner making the confession to me—he did make it to me.
COURT to HENRY ANDREWS. Q. Have you heard what Mr. Raiker has said? A. Yes—I assure you, if I were going to die this moment, I made no such promise—I saw him in the morning, but I had never accused his boy, nor supposed him dishonest—his father came with Mr. Buck—I called on Mr. Buck, to ask him if he knew any thing wrong about the boy, and he said no.
MR. THOMAS. Q. Had you seen Mr. Buck? A. Yes; but I did not accuse the boy—I did not suspect him—he was a very good boy, and nobody could have done better.
RAIKER— GUILTY . Aged 15.—Recommended to mercy by the Jury and Prosecutor.— Confined Seven days.
WINSBY— NOT GUILTY .
733. ELIZA PATTISON was indicted for stealing, on the 17th of January, at St. Marylebone, 1 desk, value 1l. 10s.; 1 toothpick-case, value 10l.; 1 watch-chain, value 4l; 2 seals, value 5l.; 1 watch-key, value 1l.; 3 rings, value 4l.; 1 pedometer, value 5l.; 4 spoons, value 2l.; 2 brooches, value 2l.; 1 nutmeg-grater, value 5s.; 1 mull, value 3s.; 1 knife, value 2s.; 1 sounding-staff, value 2s.; 1 stud, value 1s.; 1 printed book, value 6d.; 3 sovereigns, 1 £100 Bank note, and 7£10 Bank notes; the goods, monies, and property of Charles Queade, in the dwelling-house of George Hayward Taylor: and DAVID MILLEN and PAMELA MILLEN for feloniously receiving the goods, monies, and property so as aforesaid feloniously stolen, well knowing them to have been stolen.—2nd COUNT, for a substantive felony.
CHARLES QUEADE . I have apartments at No. 54, Upper Norton-street, in the house of Mr. Taylor—he keeps the house—it is in the parish of St. Marylebone—I occupy the second floor in his house. On the 17th of last January I lost a writing-desk—it contained a large square fine gold toothpick-case, a fine gold watch-chain, a fine large gold seal, a large topaz, a fine gold seal with white cornelian, a fine gold embossed key, one embossed plain gold ring, plain inside, but embossed outside, one fine gold onyx hoop mourning ring, one fine gold mourning ring, one silver pedometer for measuring distances, two large silver table spoons, two silver tea-spoons, two fine gold mourning brooches, one silver nutmeg-grater, and 170l. in Bank of England notes—there was one£100 and seven£10 notes, and it contained some foreign bonds—I received a parcel on the 26th, by the General Conveyance Company, directed to me—it contained all the memoranda and the papers I had in the writing-desk, and all the foreign bonds—I did not get back my uotes or jewellery by that parcel—
the notes were in a secret drawer in the desk—the desk was pawned, and the notes were found by the pawnbroker in the secret drawer—I understood from the police officer the desk was in the possession of a pawnbroker in High-street, Bloomsbury—I saw it at the police-office—the prisoner Pattison had been Mr. Taylor's cook—I think I had only seen her twice.
Cross-examined by MR. PAYNE. Q. What are you? A. A surgeon—Mr. Taylor has told me that his name is George Hayward Taylor.
GEORGE HAYWARD TAYLOR . I was never christened, I was registered at a Baptist chapel by the name of George Taylor; but after I was fourteen I took the name of George Hayward Taylor—I have been known by that name—I always write that name, and have been addressed by that name—I have never been known by any name but that since that time.
THOMAS JAMES WOOD . I live with my mother, Eleanor Wood, at No. 65, High-street, Bloomsbury, she is a pawnbroker. On the morning of Tuesday, the 30th of January, I saw the prisoner, Pamela Millen, in our shop—she came to pledge a desk—I have got it here, this is it—(producing it)—she asked me ten shillings on it—I lent her the ten shillings—while she was there I opened one of the secret drawers, and in that was four farthings and one foreign coin—I closed it up, and after she was gone I was going to put the cloth on it and send it to our warehouse, when I opened the other drawer, and found a note in it—I only saw one note, which laid on the top—I took it into the parlour, and there opened it in the presence of Mr. Boyd, and he took a list of the articles—I found a silver nutmeggrater, two brooches, four teeth, and a pill—nothing else but the notes—these are the articles—(producing them.)
Cross-examined. Q. Did you know Pamela? A. Yes, for the last two months—I asked if she brought it for herself, as the initials on it did not correspond with her name, which I knew as Harriet Millen—she said her sister had bought it second-hand—she had 10s. on it in the name of Harriet Millen, the name I have always known her by—she came the next day to pawn something, and then I went to the station-house—I asked if she had pledged the desk—she said she had.
JOSEPH BOYD . I was present when the desk was opened—I made a list of the contents of it, on the 30th of January, about eleven o'clock in the morning—there was a£100 note, seven£10 notes, a silver nutmeg-grater, two brooches, four teeth, and a pill—on one of the notes was the name of Cox and Co.—I went to the Bank, and traced the notes to Dr. Queade.
GEORGE COLLIER (police-constable E 38.) I went with the prisoner, Pamela Millen, and Mr. Taylor, to No. 25, Compton-street, Soho, on Wednesday, the 31st of January—she went up stairs, to the back room first floor, and said it was her lodgings—she opened the door, and went in—I followed her, and David Millen was sitting by the fire in the room—I told him I had come respecting the desk—(I had found Pamela at the station, where she was brought from the pawnbroker's)—David Millen said he suspected the desk was wrong, but he had not seen any of the property, and he knew nothing about it—I searched the drawers belonging to a chest in the room where he was, and found the duplicate of a writing-desk, pledged for 10s., and two other duplicates—in the drawer were different trifling things of men's and women's wearing apparel, stockings, and some trifling articles—I found in the drawer this ink-bottle, this shirt-stud,
a foreign coin, and 5s. 6d., which Pamela said was part of the money that she had pledged the desk for; and a sounding instrument—Pamela said that was all that she had—I looked over the drawers more minutely, and saw a book—I took it up, and suspected it was Dr. Queade's—I said, "This book belongs to Dr. Queade"—she said, "Oh dear, I did not know it was there, I forgot it"—it is a list of the members of the Reform Club—we had information of such a book from the doctor, which made me suspect it—I then said I should make a minute search—the prisoner David put his hand into his right-hand waistcoat-pocket, and gave me this knife—he then handed me this mull—I cannot say where he took it from—I then found this knife, which they said the desk was broken open with—he said he did not know the property had been stolen—he said he received the knife and mull from Pattison, and that he was innocent of the charge of receiving it—nothing further passed there—we went to the station-house, and when all three prisoners were there, Pattison said she was very sorry for what she had done; she had stolen the desk, but they knew nothing of it—I pulled out this knife, which I found in the room, and Pattison said that was the knife she had broken the desk open with in Millen's room—I found it in a drawer, with some other knives, in the room—I had been previously to Pattison's lodgings, and there was a ring on the mantelpiece, which appeared to me to be a gold ring—that was at No. 12, Duke-street, Bloomsbury—I had spoken to Pattison on several occasions—she denied all knowledge of the robbery at that time—I had spoken to her the day after the robbery—I told her about the notes and bonds, and every thing—I did not describe where the notes were kept.
Pattison. I never saw him but on the day after the robbery, when he came to Mr. Taylor's—he did not tell me what was lost—Mr. Taylor told me about the contents of it—he said it contained some American bonds.
Cross-examined. Q. Who was it said, at the station-house, that that was the knife with which the desk was opened? A. Pattison—they all three told me so—I was not asked that before the Magistrate—I stated more than was taken down—Pamela and her husband said it at the room, and Pattison said it at the station-house, but she was there for hours before I saw her—this is my name to this deposition—(looking at his deposition)—it was read over to me.
(The deposition being read, omitted to state, that when the witness found the book at Millen's lodging, he said, "This belongs to Dr. Queade" and that Pamela Millen replied, "Oh dear, I forgot it" or that David and Pamela Millen had said, when the knife was found, that it was the knife uith uthich the desk was broken open.)
Q. Do you mean to tell me, you told the Magistrate that when you found the book you said, "This belongs to Dr. Queade," and she said, "Oh dear me, I forgot it?" A. Yes, I do, sir.
COURT. Q. HOW came you to take this knife? A. Because the prisoners said that was the knife the desk was broken open with—David and Pamela said so, and that she broke the point in opening it.
MR. PAYNE. Q. Did you tell the Magistrate so? A. No, I did not tell him—I was not asked—there were other knives there—I produced the knife there—I said that at the station-house the prisoner Pattison said that was the knife the desk was broken open with—I stated that she said so—I did not say the others did not say so—I do not believe I said a word about David or Pamela having said that that was the knife with which the
desk was broken open—I did not give it a thought, or I should have done it.
JOHN CRISPIN RAWLEY . I am one of the Inspectors of the Metropolitan Police force. On the 31st of January I took Pattison into custody—about 1l. 1s. 6d. was found on her, but nothing relating to this robber—she said the desk had been given to her by Mrs. Brown, residing in Park-street, Oxford-street, to take care of—I wrote down the address she gave and was about to leave to go to make inquiry of her, when Pattison said, "You have no occasion to go, no one knows any thing about it but myself."
Cross-examined. Q. Are you quite sure you are correct about what she said? A. Yes—I believe she afterwards added, "What I told you was a lie."
GEORGE HATWARD TAYLOR re-examined. I accompanied the witness Collier to the house in Compton-street—the prisoner, David Millen, was sitting by the fire, with the child—Collier stated what he came for—David Millen said, "Ah, it has come to this, has it?"—Collier went immediately to the window, and while his attention was drawn to the window, David Millen said to me, "I suspected there was something wrong about this desk"—on a couple of nails over the fire-place was this sounding instrument—Collier turned round and made use of some expression—I turned immediately to the window, and Collier then had got the drawer open—he then took out this knife, and both David and Pamela Millen said, "That is the knife the desk was broken open with"—the drawer was then taken out and put on the table—the small book was produced, and on opening it there was the word "Reform," and Collier said, "This is Mr. Queade's property"—Pamela Millen said she did not know or did not recollect it—I cannot say which—Collier then said, "I shall now make a stricter search"—David Millen then took this knife out of his right-hand pocket, and, to the best of my belief, the mull out of his left, on which was written Dr. Queade's name.
HARRIET MARTIN . I am single. I was in the service of Mr. Taylor—he turned me away yesterday morning—while I was sitting at breakfast he came and asked me to let him look at my subpoena, and he told me to leave his premises in half an hour, and take my things, or he would throw them into the street—I asked him where I was to take them to, as I was to be here at twelve o'clock, and that was half-past eight o'clock—I received the subpoena at Bow-street, on Friday week—he knew I had got it—he looked at it at Bow-street—I had been in his service one year and nine months—the prisoner Pattison lived as cook in the same service—I was housemaid—Pattison left on the 26th of December—I saw the writing-desk at seven o'clock in the evening of the 17th of January, the day it was lost, in Mr. Queade's sitting-room—Pattison had not been to visit me on the 17th—I was not aware of her being in the house between the 17th and 30th—I was out in the evening of the 17th, and while I was out the desk was gone—the cook is not here—I had leave to go out on the 17th, and I went about a quarter past seven o'clock, and returned at a quarter past ten o'clock—it was on a Wednesday—the last cook left last Friday—Mr. Taylor had her taken to prison.
Pattison. Q. Did they say they found the house open or shut after the desk was stolen? A. At seven o'clock the ladies'-maid and her mistress went out the back-way, and the doors were all left open after them—I heard them say the doors were unfastened.
Cross-examined. Q. Who had you lived with before? A. Mrs. Greville, of Carburton-street—Mr. Taylor gave no other reason for turning me away, but the subpoena—that was all he said—on the 6th of February my mistress and I had a few words, and on the Tuesday she asked me if I wished to leave—I said I did not wish to go home till the end of the month, and on the 20th of February Mr. Taylor came and told me and the cook to leave his premises; on that day month, and when he saw my subpoena yesterday morning he told me to go in half an hour, and take my things, or he would throw them into the street.
MR. PAYNE to GEORGE HAYWARD TAYLOR. Q. What charge have you to bring against this young woman? A. I would not believe her on her oath—she was ready to swear that my wife put her name on a note which is at the Bank of England, and that she saw my wife put Dr. Queade's name on it—I told her to take her things in half an hour—she said, "Where am I to take my things, as I have got to attend the Court?"—Pattison wrote letters for this woman to a man she stated to be her husband, to come and take things—the witness said she did. Witness. I did not.
COURT. Q. What has that name to do with these notes? A. Mr. Queade made a list of the notes which he supposed were in the desk—some time in December my wife changed a£10 note, and that note was paid in to the bank, and the witness said that was the note that Mrs. Taylor changed, and that she wrote her name and Dr. Queade's name on it, and the note is now in the bank without Dr. Queade's name on—since this we have heard that she has gone out after we have been in bed, and been with men in the stable line—she has acknowledged it.
HARRIET MARTIN re-examined. I never told him any thing about going to the stable at all—it is not only me that he has turned away without notice—he gave me a month's notice to leave him, and then yesterday he turned me out at a moment's notice—he is a painter.
WILLIAM ROBERT MAYNARD . I am shopman to Maria Newman, a pawnbroker in Drury-lane. I produce a gold seal, pawned on the 29th of January, for 10s. by the prisoner Pamela Millen, I believe—I am not certain.
Cross-examined. Q. You have a great many persons come there? A. Yes, a great many.
Pattison. Q. Can you tell me who was in your shop? A. No, I cannot—the person came into the shop—I did not send her into a box—I do not remember arguing with two drunken men.
Pattison. I pledged the seal—I went into the shop, and he sent me to the box, and while I was there, his attention was drawn to two men who were drunk.
CHARLES QUEADE re-examined. This is my property—(looking at it)—I have recovered none of the plate—it was inside the desk, just as you open it—this seal (looking at one) was on a gold chain—the chain I have not got, nor a gold key and another seal—they are gone—this sounder (looking at it) was in the desk, and this knife and mull—I had the key of the desk in my pocket—it has now a new lock and key—there is the mark on the desk of its being forced open—this knife (looking at the one found by the officer) is not unlikely to have opened it.
Cross-examined. Q. The desk had been found before that knife was found? A. Yes, it was—I lodged in Mr. Taylor's house—I never saw a blemish in the character of Harriet Martin—I forgot to state there were three sovereigns in the desk, which I lost also.
Pattison's Defence. I left Mr. Taylor's very ill, he desired me to leave—I was obliged to leave at a day's notice—I went to Mr. Harvey's, the baker, the night the desk was taken, and asked for a Christmas-box, which caused me to go by the house, and I thought I would call and see my fellow-servant—I found the door open—I went in, and thinking she was up stairs, turning down the beds, I went up, and seeing the desk, it tempted me to take it, as I was very much distressed—I had but one sovereign and 2s. when I left, and the sovereign was due to the nurse for my child—I had only 2s. for myself—I went after situations, but looking delicate, I could not get them—it is my first crime—Mr. Taylor will state he lost nothing while I was in his house.
GEORGE HAYWARD TAYLOR re-examined. I am not aware that we did, and we had an excellent character with her—we discharged her for no fault, but, since that, we have found conduct on the part of Harriet, and we ought to have discharged her long ago.
Pattison. I did not state to my sister in what manner I took the desk—I deceived her when I took it to her—I went to her house, and rang the bell—she came down and said what had I got there—I said a person owed me some money, and had lent me the desk till she could pay me—I said it was Mrs. Brown's—she said I could leave it there, and I left it there for a week, and then she asked me when I was going to take it away—I said, "In a day or two"—when I broke open the desk she was not present, nor her husband—I asked her to go out and get a sheet of brown paper, and a bit of string, and I opened the desk and took out the papers—my sister said, when she came back, "What is all this paper?"—I said, "The person has lost the key and wants the papers"—I packed them up, and took the parcel to the "Parcel Delivery Company"—I took the back of a letter out for a direction—my sister was not present—when I tied the papers up I left the desk, and several days after, she said, could I lend her some money—I said I could not, but I said, "You may pledge the desk," and she took it to pledge—she was completely deceived and innocent—I took the knife and things out of the desk—I laid them down, and told her to take care of them, because the person might want the things—it is me and me only that has done it—my sister is perfectly innocent, and her husband too.
PATTISON— GUILTY . Aged 27.— Confined Eighteen Months.
NOT GUILTY .
734. JEREMIAH BALDRY was indicted for stealing, on the 11th of February, 1 truss of hay, value 2s., the goods of Edward Harman ; to which he pleaded GUILTY . Aged 22.—Recommended to mercy by the Prosecutor.
Confined One Month.
DAVID GOODERE . I live at No. 17, Upper Copenhagen-street, Islington. On the 26th of January I hired a cab in Castle-street, Strand—it stopped in Picket-street—I went to the Black Horse and took a glass of stout—I then came and asked the driver to allow me to drive—he said he would—I went on the box, with my cloak on—it was rather heavy—I got down, and James Sermon, the driver, got down, and I put my cloak into the cab—I drove up to the Angel Inn, and asked the driver what his fare was—he said, "1s. 6d. "—I then looked, and my cloak was gone—I gave him in charge, and gave information to the policeman, who traced out the party, and Sermon was discharged.
Cross-examined by MR. DOANE. Q. What time of the day was this? A. Between three and four o'clock in the morning—I was perfectly sober—I am an articled clerk to an attorney—this was a brown cloth cloak—I charged the prisoner with being concerned with the driver.
JAMES SERMON . I live in the Brixton-road. I was the driver of this cab—about three o'clock in the morning of the 26th of January I was in Castle-street, and the prosecutor hired my cab—I stopped in Picket-street, and the prosecutor asked me to let him drive—he put his cloak into the cab—the door is behind the cab—I think there were one or two men about the door of the cab, at the public-house—the prosecutor slipped in getting down—I missed the cloak at the Angel—I was taken up and discharged—I was not complained of as allowing another person to drive my cab.
JOHN CANFIELD . I live at No. 28, Albion Livery-stables, Chester-street, Kennington. On the 26th of January I was asleep in my cab, at Temple-bar, and something was thrown on me—when I awoke I found it was a cloak—the prisoner took it and went to drive off, but another cab-man brought him back—I took the horse and brought him to the rank—in the meantime, the prisoner took the cloak off, and went away with it—I asked him what that was in the cab—he said, "Nothing"—he had been in my master's service but was discharged—I had had some hot with him, at a public-house—I saw nothing more of the cloak after it was taken out.
Cross-examined. Q. Were you not with the prisoner when you got out? A. Yes—he got off the cab—he took the cloak out—he had been with me all night—he went away for about three-quarters of an hour, and then came and stopped with me till half-past six o'clock—I was asleep at the time, but I thought it was a cloak.
GEORGE RIVERS . I live in Compton-street, and drive the cab No. 251. On the 26th of January I saw the prosecutor put his cloak into Sermon's cab—I was standing by my horse's head, in the rank, and saw the prisoner standing by Sermon's cab—when the cab drove on, I saw the prisoner and another run after it, and take the cloak out—the prisoner came back with it under his arm, and have it into Canfield's cab—the prisoner first got on the step, and tried to get it out of the window—the other said, "You fool, open the door," and he did so—the prisoner was with Canfield—when the prisoner got the cloak, he jumped up, drove a little way, and the other brought him back, and they went off with the cloak—Canfield was in the cab.
Cross-examined. Q. You saw him drive away—what was it? A. Canfield was out with a four-wheeled go-cart, and the prisoner was driving what they call buck—Sermon's cab drove to the pavement—they brought the prosecutor there to Picket-street—I could see distinctly by the gas-light
when I saw the cloak taken out—I was sure it was a cloak—the prisoner took it out of Canficld's cab, and he and the other went away with it.
COURT. Q. You saw the prosecutor throw it into the cab? A. Yes, and then the prisoner ran and tried to get it out of the window—then he opened the door and took it out, and lastly the prisoner and another went to a public-house with it.
WILLIAM HAMMIKGHAM (police-constable L 175.) I apprehended the prisoner, and told him the charge—he said he knew nothing whatever of it, and was not on the rank that night—I took Canfield into custody—he told me of the prisoner.
(The prisoner received a good character.)
GUILTY . Aged 20.— Confined Twelve Months.
736. MARY ANN MIDDLETON was indicted for stealing, on the 22nd of December, 1 set of bed furniture, value 10s.; 1 blanket, value 6s.; 2 sheets, value 10s.; 1 bolster, value 6s.; 1 looking-glass and stand, value 2s.; 1 table-cover, value 2s.; 1 candlestick, value 1s.; 1 pillow, value 1s. 6d.; and 1 pair of bellows, value 1s. 6d.; the goods of John Kent.
JOHN KENT . I live in Bowling Green-lane, Clerkenwell. The prisoner was a lodger in a furnished room in my house—she came sometime in December—in consequence of suspecting that my property was missing I took her into custody one Sunday morning, and the duplicates, the key of the street door, the key of the room door, and a small knife, were found on her—I missed a blanket, a looking-glass, table cover, sheets, and other things—there was from ten to twelve pounds of feathers taken out of the bed—I had observed the bed before she came, and she acknowledged to taking them out—she paid a fortnight of the rent, the rest is owing—these articles that I missed were in the room, and let to her as part of the furniture.
WILLIAM ROBERTS . I am in the employ of Mr. Cordwell, a pawnbroker, who lives at No. 31, Exmouth-street. I produce a table-cover, a blanket, a swing-glass, a pillow, and bolster—the duplicates found by the officer are the duplicates of the things—I have the counterparts—they were pawned on different days, from the 28th of December to the 3rd of February.
WILLIAM GARDENER. I am in the service of Mr. Fleming, a pawnbroker, in Farringdon-street. I produce two sheets and one single sheet—the prisoner pawned the single sheet—this is the duplicate of it—it corresponds with one which was found on her by the officer.
Prisoner. I was very much distressed—I meant to have replaced them—I took them to pay my rent.
GUILTY.* Aged 29.— Confined Six Months.
STEPHEN THORNTON (police-constable E 53.) I live in Red Lion-street. I stopped the prisoner in Bainbridge-street, on the 6th of February—he was running at the time towards Oxford-street—I asked what he had got—he said, "Nothing"—I turned him round, and found this pair of shoes under his left arm—he said they belonged to his father—he then said he got them from a shop in Monmouth-street—I took him a few yards, and he pointed out the box which he had stolen them from at the prosecutor's.
GUILTY.* Aged 12.— Confined Six Months.
JOSEPH GLITSENSTEIN . I live at No. 1, Tenter Ground, Whitechapel, and am a tortoisehell-comb manufacturer. A few months ago my wife took the prisoner into her service—I left my trowsers one day on a chair by my bed side—there was a sovereign in a purse in the pocket—I shortly after went into my bed-room and missed it—I fetched the prisoner up, and asked her about it—she denied it—I got a policeman, and then she was taken—she expressed herself that she would take care I should not have my sovereign back again—I have since seen the purse—when I asked her first about it she wanted to go down, but I would not let her-go till the policeman came.
DINAH LANE . I live at No. 26, Lambeth-street, Whitechapel. I was nurse to Mrs. Glitsenstein for ten weeks—one morning my master went out of the bed-room, and said, "Nurse, keep the room very quiet, your mistress has had no rest to-night"—I went into the adjoining room to wash myself—after I came back, I saw the bed-room door ajar, and saw the prisoner there—I said, "What brings you there? you have no business here" she went down, and in a few minutes after my master came up, took his trowsers off the chair, and said, "I have lost my purse"—I said, "You have taken it into your counting-house"—he said, "No, I have not."
JOHN FARNES (police-constable H 168.) I took the prisoner in charge—I afterwards returned to the house, and found the purse in a pan of dirty water, wrapped in a piece of old rag, in the front kitchen, just under the window—there was a sovereign in the purse.
JOSEPH GLITSENSTEIN re-examined. The prisoner had been employed as char-woman—I had not carried my puree down stairs—I left it in my trowsers—I saw it a minute before I went down, and when I came up it was gone—this is my purse and sovereign—(looking at them.)
GUILTY . Aged 35.— Confined Six Months.
STEPHEN THORNTON (police-constable E 53.) On the 5th of February I was in High-street, St. Giles's, and saw the prisoner pass me—he appeared to have something under a brown great coat—I followed him—he turned up Hampshire Hog yard—I came up to him, and said, "What have you got?"—he said, "Nothing"—I said, "You have; I insist on seeing it"—I pulled his coat open, and found this print tucked in his coat—he then said he found it in the street—I took him on suspicion.
JOHN BASKERVILLE . I am in the service of Thomas Hodges, a linendraper, at No. 189, Tottenham-court-road—this printed cotton (looking at it) is his property—it was taken from the corner of the window outside—the glass was between that and the shop—it was nearly nine feet from the ground—it hung by a string, but it was within the reach of a man by reaching out—I missed it at half-past five o'clock on the day it was found—it was hanging by the string.
Prisoner. I was coming across Soho-square, and picked it up—I was going home, and met the officer, who stopped me—I told him that I had a piece of printed cotton, that I picked up.
GUILTY . Aged 34.— Confined Three Months.
ELIZABETH GAITHOUSE . I am the wife of George Gaithouse, and live at No. 1, Bear-alley; my husband keeps the Bolt in Tun. I know the prisoner—on the 17th of February he came to me for a shirt and a handkerchief for my husband—he said he was going out with the mails—I gave him a handkerchief—I had not a shirt—he went away, came back, and said he wanted something warmer—I gave him a shawl—I delivered the articles to him to give to my husband.
GUILTY .— Confined Twelve Months.
HARRIET DEAR . I am the wife of Robert Dear, and live at No. 3, Newwalk, Whitefriars. The prisoner came to me on the 17th of February, and said my husband was wanted at the Belle Sauvage by Mr. Bleaden—I told him Mr. Dear was not at home—he went away—directly after another person came, and said Mr. Dear had sent him for his great coat, which I gave him—that was not the prisoner—I do not know what the coat was worth.
coat pocket—I was not at home when the prisoner called—I never sent for my coat—Mr. Bleaden is not here.
NOT GUILTY .
WILLIAM BIRD . I am shopman to Mr. Dexter, of No. 125, Whitechapel-road, a pawnbroker. On the 13th of January the prisoner brought this jacket to pledge—(producing one)—I observed a private mark on it, and inquired whose it was—she said it belonged to a young man, who purchased it in the neighbourhood—she did not know what he gave for it—I said she had better fetch him—she went way, and did not come again—I took it to Mr. Hawes, and he claimed it.
Prisoner. I never saw the jacket. Witness. I am certain you brought it.
GUILTY . Aged 45.
WILLIAM BIRD . In consequence of something which happened, I fetched the prisoner to my master's shop on the 2nd of February—as we were bringing her into the shop, two shawls fell from her, and these other two we had detained—they had been brought to the shop before she came—I saw the private mark on one of them, which led me to suppose they belonged to the same person—I detained the prisoner, and gave her to the officer.
GEORGE SAVAGE . These two shawls that fell from her are the property of my master, James Thomas Hawes—we had seen them safe in the shop the same afternoon about half-past two o'clock—I had not parted with them at all—my master lives twelve doors from Mr. Dexter's.
Prisoner's Defence. I met Mrs. Murphy, whom I know, and she said, "Will you let your little girl go and pawn these shawls?"—I allowed her to go, and sent my little girl—she then said she had got two more—I said I was sorry for it—my little girl came back to me, and this young man came and called me—I went, and he said, "Do you know any thing of these?"—I said they had come from Mrs. Murphy—they sent my little girl for her, but she could not be found—I was not near the prosecutor's house at all—the woman gave them to me.
GUILTY . Aged 45.— Confined Twelve Months.
JANE GIBSON . I am the wife of George Gibson, and live at No. 38, Marshall-street, Golden-square—he is a publican. The prisoner had been in his employ between three and four months—I heard some money fall
in the bar on the 10th of February—there is a window through which I can look from the parlour into the bar—I looked, and saw the prisoner taking the money from the mantel-shelf in the bar—he went away into the yard—I looked in the bar, and found some money had dropped into the fender—I went into the yard, and found the prisoner in the watercloset—he attempted to take a pound's worth of silver—there was 3s. 6d. left on the shelf, and 6s. down in the fender.
GEORGE GIBSON . The prisoner was in my employ. On the Saturday, in consequence of information, I put questions to him—when I came from the parlour my wife was accusing him of taking this money and throwing it down the closet—he said he had not—he was attempting to go into the yard again, but I prevented him—I saw the water-closet searched, and found 9s. 6d. there—the crown-piece and 4s. 6d.—the money was marked—this is it—(producing it)
JOHN BECKERSON (police-sergeant C 4.) I was sent for to take the prisoner—he denied all knowledge of the money—I took up six shillings from the fire-place, and two shillings and three sixpences were found on the shelf—I did not see the water-closet searched.
(The prisoner received a good character.)
GUILTY . Aged 20.—Recommended to mercy by the Jury.
Confined Two Months.
Sixth Jury, before Mr. Sergeant Arabin.
NICHOLAS RYVES (police-constable N 54.) On the 12th of February I was on duty in Hackney-wick. I do not know how far that is from the prosecutor's—at a quarter past seven o'clock in the morning I met the two prisoners in company together—my suspicion was attracted by the bulky appearance of one—they had both smock-frocks on—I spoke to Smith, and bid him good morning, and after a little time I ordered them to stop and give up the property they had in their possession—they stopped—I searched them, and found eight dead fowls and two dead ducks—on Smith I found five dead fowls and one dead duck, stowed about his body, hanging to his braces, and his smock-frock was made like a bag—on Baltock I found three fowls and one dead duck—they were suspended from his braces, under his smock-frock—I asked where they got them, but they would not tell me—I took them to the station-house—the fowls and ducks had been recently killed, and were partly picked—the heads and necks were not picked.
WILLIAM HOWARD (police-constable N 185.) I was with Ryves—what he has stated is true—we took the fowls to the station-house—we found the prosecutor, and he swore to them—they were given to the work-house by order of the Police Commissioners, all except one cock.
GEORGE PODMORE . I live at Chigwell, in Essex, about eight miles from where these men were. I saw the fowls and ducks at the police-station—I knew them—they were the property of me and my brother—I attended to them daily, and knew them—here is one dead cock, which is a Spanish cock—they ran about in a lock-up house—there is a hole at the bottom for the fowls to go in—I locked it on Sunday, the 11th of February—I saw
them all secure about three o'clock that day, and about seven o'clock the next morning my servant told me of the loss—I went down, and missed six hens, a pullet, a duck and drake—the drake was perfectly white, and very large—I have no doubt they were our property—the face of the padlock had been forced off with a chisel, or something.
SMITH*— GUILTY . Aged 24.
BALTOCK*— GUILTY . Aged 24.
Transported for seven Years.
WILLIAM ADAMS (police-constable G 184.) I met the two prisoners on Clerkenwell-green, between twelve and one o'clock at noon, on the 3rd of February—Lovey was carrying something in a bag—the other walked alongside of him—I followed them to Red Lion-street, and asked them what they had got—they said, "Look," and I found this copper in the bag, as it is now—when I first saw them I suppose they were 200 yards from the prosecutor's—I asked them where they got this—they said they found it in the ruins—I took them, and found the owner.
THOMAS JELLEY . I live at No. 30, Little Saffron-hill. This copper (looking at it) is mine—it stood in my yard, which is surrounded by a wall and gates ten feet high—I saw it safe at one o'clock on the 2nd of February—my door was not left open—I cannot tell how they could get this—it was in the yard adjoining my cow-shed.
JURY. Q. In what state was the copper when you saw it last? A. In the state of a copper—not in the state it is in now—it was not fixed—it is now all beaten up.
Lovey's Defence. I was coming across the ruins, and my fellow-prisoner fell over this copper, and I took it up.
LOVEY— GUILTY . Aged 22.— Transported for Seven Years.
OLIVER— GUILTY . Aged 20.— Confined Six Months.
MARY DAVIES . I am the wife of John Davies, and live at No. 2, Carburton-street—my husband is a cheesemonger. The prisoner was our servant of all work, and had been so for three weeks—during the time she was there I missed 7l., and then a£5 note from my bedroom—I suspected the prisoner, from a gentleman who lodged with me having lost a key of one of his trunks, and we thought it must open our drawer—I went to look for the key, and found the sheet first on her box, and afterwards locked up in her box—I only found one, and that was cut up in different pieces—I spoke to her about it—she said she cut it to make glass-cloths—it did not appear to be cut for glass-cloths, but for shifts—I told her it was cut up for shifts—her box was in the kitchen—she had no authority to cut it at all.
shifts of—the prisoner said she took the sheet, but intended to make it into glass-cloths.
Prisoner's Defence. We were very short of cloths—I thought it no harm to look for the worst I could find to cut up to make cloths with, which I intended to do—I had torn it in two, but had not time to tear it up fit for cloths.
GUILTY . Aged 28.— Confined Six Months.
JOHN TAYLOR (police-constable E 31.) About four o'clock, in the afternoon of the 10th of February, I saw the prisoner in the street—he had something in his jacket-pockets—I went and asked him what he had—he said, nothing that he was afraid of; he would show me if I chose—I told him it might remove suspicion if he did—he then pulled out a pint pot—I asked him who it belonged to—he said, "The Devonshire Arms, Duke-street"—I took him there, and asked the landlord if he knew him—he said he knew nothing of him, but the pot belonged to Mr. Helling, of the White Swan—I took him there, and asked what he had in his other pocket—he said, "Another like it"—Mr. Helling identified the pots as his.
Prisoner. The pots were in the street—I was going to take them home as soon as I had been to another place.
GUILTY.* Aged 21.— Transported for Seven Years.
HENRY BENNETT . I keep a linen-draper's shop in Gray's Inn-road. The prisoner came to my shop on the 12th of February, to buy some quilling net—she bought five yards, which came to 7 1/2 d., and two yards of ribbon, which was 1d.—I did not serve her—I was engaged in the shop, marking goods, as I had just received a parcel of goods from the City—I had opened them, and got them on the counter—I was called to speak to a person, and was not engaged more than five or six minutes—during that time the prisoner was served, and had gone out—I went back to my former employment, and said, "Who is that person who has just gone out?"—my assistant said it was a servant from the oil-shop on the other side—I went after her, and found the prisoner with her mistress, in the shop—I accused her of having stolen a piece of goods—she said she had not brought from my house any thing she had not paid for—I wished her to step back to my shop, which she did—I said, if she would give me back what she had I would let her go—she declared to her God she had not got any thing—I got a policeman—he took her to the station-house, and some property was found—this is it—(looking at it)—this is the piece I missed—it is called net—there are 90 1/2 yards of it.
Cross-examined by MR. CLARKSON. Q. What description of net do you call this? A. Quilling net—that is its denomination—there are several sorts of net.
MARY WOOD . I served the prisoner, in the prosecutor's shop, with five yards of quilling net, and two yards of wire ribbon—I did not sell her these ninetyyards—I did not miss this property—my master did, and I said where she was gone.
(The prisoner received a good character.)
GUILTY . Aged 18.—Recommended to mercy by the Jury.
Confined One Month.
ANDREW BONTHRON . I am collector to the Regent's Canal Company. I lost a saw on the 5th of January, and on the 13th of February it was produced—this is it—(looking at it)—it is mine—the prisoner was about the dock to look for work—it was in a shed at the back of my house, at the Regent's Canal.
JAMES CHRISTOPHER EVANS . I am an officer. I went in search of the prisoner, and found him in Salmon's-lane, Limehouse, near the Regent's Canal—I said to him, "Where did you get that saw which you pledged at Hawkins's a month ago?"—he said, "From my sister"—I said, "Who is your sister? where can I find her?"—he said she was gone away, he did not know any thing about her—I took him, and the saw was found at the pawnbroker's—one of the lock-keepers gave me the duplicate that the prisoner had sold to him—this is the duplicate—(producing it.)
WILLIAM BRADBURY . I am a lock-keeper at the Regent's Canal. On the 3rd of February the prisoner asked me if I would buy a duplicate of a saw—I told him no, but I bought it on the 4th—I went on the 5th, and looked at it; and then I knew the prosecutor had lost his saw, and I told him of it.
Prisoner. I bought the saw of Henry Petersham—I gave him 1s. for it—he is dead and buried—being out of work all the winter, I pawned it.
Prisoner. The pawnbroker said it was pawned before dinner, and I pawned it at a quarter before twelve o'clock.
GUILTY . Aged 18.— Confined Five Days.
and said a man had gone up the street with some pictures in his hand—I went out, and missed the whole of my books—it was between seven and eight o'clock in the evening—my husband gave information; and the same evening the prisoners were brought back, at five minutes before eight o'clock, with these books and prints—they were taken from inside the window; but there was a square of glass broken, and they could get them out.
ALFRED THURSTON (police-constable G 122.) I met the prisoner in Aylesbury-street, almost immediately after this robbery—I stopped them in Brook-hill—Ryan had got these books and pictures in his bag—I said to Ryan, "What have you got in the bag?"—he said, "Some books and pictures I bought of a boy"—I took him into custody—Edwards was about to walk off, but he was taken by another officer, in my presence.
Ryan's Defence. I bought them of a boy in Clerkenwell-green, and was going to sell them—this officer came and took me—this other boy was only asking the way to Leather-lane, and I told him—he knew nothing of it—I gave half a crown for them.
(Property produced and sworn to.)
RYAN*— GUILTY . Aged 18.
EDWARDS*— GUILTY . Aged 20.
Transported for Seven Years.
MARY HATCHER . I am single, and live at No. 3, New-road, St. George's in-the-East; I keep a butcher's shop. On the 10th of February, the prisoner came and took this beef from my shop, off the window—I called my boy—he went after her, and the policeman came up, and took her—the beef was brought back to me—it was mine—I saw her take it, and the same was brought back to me—I did not know her before.
JOHN FARNES . I am a policeman. I took the prisoner, when there was a cry of "Stop thief"—I found the beef in her left hand—she was running when I first saw her, about a quarter of a mile from the prosecutrix's—she then slackened her pace—I took the same beef to the prosecutrix, who said it was her property—it was returned to her.
Prisoner. Myself and three orphans were in a state of starvation.
GUILTY . Aged 60.
GEORGE LUBEG . I am shopman to Joseph Blay. This shawl (looking at one) was hanging inside the shop, on the 10th of February, and secured over a rail—the shop is at No. 27, New-road, St. George's-in-the-East—it is my master's property—I know nothing of the prisoner.
GUILTY . Aged 60.— Confined Nine Months.
MARTHA PARDON . I am the wife of Benjamin Pardon,'a linen-draper, in Mile-end-road. This occurred on the 5th of February, about eight o'clock in the evening—I had had the misfortune to have some panes of glass broken—I had a number of pieces of printed cotton in the window—I lost about eight pieces, and twelve or fourteen pairs of gloves—they were within reach of the broken window—I discovered the loss of it as soon as it was done—the policeman brought the prisoner into the shop—I have not recovered half of what was lost—here are four pieces of cotton, which contain thirty-seven yards in the whole, and two pairs of gloves—these are part of what I lost—(looking at them.)
JAMES WILLIAM YORK (police-constable K 255.) I was on duty, and saw the prisoner and another lad going down Mile-end-road—Jane Lucas pointed them out to me, as having seen them commit a robbery—I took the prisoner into custody—the other one escaped—the property was found concealed about the neighbourhood—some part of it was in a dust-hole.
JANE LUCAS . I am single, and live at No. 10, Flower-and-Dean-street. I was in Mile-end-road about half-past seven o'clock, on the evening of the 5th of February—I saw the prisoner, and a little boy with him—they went to the prosecutor's shop—the prisoner stooped, and took out the pieces of print, one by one, till he had got seven or eight pieces—he went down Globe-lane, to the pawnbroker's back-door—I watched him till near eight o'clock—I saw him go seven or eight times, and take some every time, and then walk round the corner—I do not know where they put them—they went towards the dust-hole, round the corner—I told the police-man of it—I have no doubt about the person—I stopped till I saw the policeman, and then I told him, and he took the prisoner.
Prisoner. The witness said she only saw me take one, and now she says six or seven.
CHARLES RYALL . I live with Mrs. Pike. I know the stable belonging to Mr. Store, the doctor—it is about a hundred yards from Mr. Pardon's—I found some printed cotton down the court by Mr. Tilley a, the pawnbroker's—it was under a log, opposite the stable door—I found it the next morning—my mistress said she had seen the pattern in Mr. Pardon's shop, and my master went there.
SUSAN PAYNE . I am servant to Mrs. Hancock—she lives just round the corner of Globe-lane. I found three pieces of cotton under the dust, and two pairs of gloves—they were just at the back of Mr. Pardon's—I took them to my mistress.
ELIZA HANCOCK . This little girl gave me this one piece—I sent her to find some more—she went and brought a second piece and the gloves—she then went and brought the third piece—I said I thought they were Mr. Pardon's, and I took them there—these are the pieces—(pointing them out.)
Prisoner's Defence. I do most solemnly declare that I am entirely innocent of the robbery, or any knowledge of it—I was in the road, and saw a lad running with a bundle in the direction of Globe-lane, but I knew nothing of it.
(Samuel Sprang, a cabinet-maker, of No. 3, King-street, Hart's-lane, Bethnal-green; Robert Chillingworth, a trimming-maker; and Ann Cox; gave the prisoner a good character.)
GUILTY.* Aged 18.— Transported for Seven Years.
755. WALTER MILTON was indicted for stealing, on the 10th of February, 1 watch, value 15s.; 1 watch-chain, value 6d.; 1 watch-key, value 2d.; and 1 seal, value 3d.; the goods of William Skelton: and MARGARET DANIELS , for feloniously receiving the same goods, well knowing them to have been stolen; to which MILTON pleaded GUILTY . Aged 13.— Transported for Seven Years.
WILLIAM SKELTON . I live at No. 18, Little North-street. Walter Milton is my wife's son, by a former husband—on the 10th of February I lost a watch from over the mantel-piece—the boy was not living at home with me—he said he gave it to a woman, near Plumtree-street—in consequence of this the female prisoner was found.
THOMAS SIDWELL . I am a builder, and live in Marylebone. The prosecutor worked for me—I knew his son—I heard of the loss of the watch, and spoke to him—that led me to the female prisoner—I went to the stall where her husband was—he fetched his wife, the prisoner—I asked her why she left that boy there on Saturday, and went and pawned a watch—she at last confessed she had left the boy at the stall, and went and pawned it, but had got the duplicate—when I first taxed her with pawning it, she said she had not pawned it—I am sure she said that once—I said, "You had better give me the ticket, and then, perhaps, there will be nothing more said about it"—she said, "It lies on a glass on the mantelpiece at my house"—she went with me, and I received the ticket from her husband, off the mantel-piece—I then said I must give her in charge.
THOMAS SPENCER WALTER . I am shopman to a pawnbroker. I took in this watch of the female prisoner, on Saturday, the 10th of February, in the name of Ann Smith, a lodger, 18, Plumtree-street—here is the counter duplicate, and this is the one given her—(looking at them.)
Daniels's Defence. Miller came to me and said, "Will you be so kind as to take this watch over the way; they won't take it in of me; I am too young"—I looked at the boy, and said, "Where did you get it?"—to said, "My mother is ill in bed; they won't take it in of me"—I said, "I have no objection to do it, but I will not go where you have been; I will go to Mr. Jones's, where I generally pawn;" and I did go and pawn it—I looked at the ticket, and gave him the money, and I found there was a mistake in it—I ran back—they had given me a shilling too little, and when I came back the boy was gone.
DANIELS— NOT GUILTY .
WILLIAM HAMLEY . I keep a toy-warehouse in High Holborn. The prisoner was my errand-boy for about four or five months—I missed 10s. worth of coppers on Saturday night, the 10th of February, from behind the counter, off a shelf where I had put them up in two papers, one in brown paper and the other in foreign paper—I missed them just as I was closing—the prisoner was in the shop that evening—my suspicions
fell on him, and I thought I would search the kitchen and cellar—I searched, but did not find any thing—on the Sunday morning I thought I would search his bedroom—I sent him out—I went into his bedroom, took up his box, and found something heavy in it—I tried my keys, and one of them opened his box, and there were the two five-shilling papers of halfpence and pence—I did not give him into custody then, as he did not come back—at night I took the policeman to his bedroom, and he found him—I said to the policeman, "Search the room," and he said, "It is no use searching, there are the halfpence under my clothes"—I said to the prisoner, "Put on your clothes, and go with the policeman"—he said, "Pray forgive me, I will never do so any more"—and there was this toy under his clothes.
Prisoner. I mean not to deny having the halfpence, but I did not mean to steal them—I went on Saturday night to a butter-atop, and the shopkeeper asked me for 10s. worth of halfpence—I put the 10s. he gave me into the till, and meant to take the halfpence to him on Sunday morning—I went down into the kitchen, and saw this toy among the knives—I took it up, and put it with the halfpence into my box.
Prisoner. My master had a six years' character with me from my last place—if the cheesemonger had been here, he would have proved the truth of what I say. Witness. He never said this before.
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined Six Months.
757. WILLIAM WEST and WILLIAM BRAY were indicted for stealing, on the 12th of February, 1 basket, value 1s.; 2 caps, value 1s.; 3 curtains, value 2s.; 1 shirt, value 3s.; 1 pair of stockings, value 1s.; 1 toilet-cover, value 1s.; 1 bag, value 6d.; and five yards of net, value 1s.; the goods of Thomas Pendry ; to which WEST pleaded GUILTY . Aged 23.— Transported for Seven Years.
JOHN HALL . I am a policeman. I was on duty in Holborn on the 12th of February, at a quarter before ten o'clock—I saw this basket (producing it) taken from off the prosecutor's cart as it was going along—the two prisoners were in company together—I had seen them go about twenty yards together—the cart was going along, and both of them took bold of the basket—West ran away with it, and I stopped him about thirty yards from the cart—Bray got away, but he was taken about four hours after, the same night.
SARAH PENDRY . My husband's name is Thomas—I am a laundress. This basket (looking at it) is mine, and the contents were going to the owner—they were in my keeping and custody—it was at the back of the cart—I did not find it was gone till the officer brought it—it contained all the articles stated in the indictment—I was inside the cart, driving.
Bray. I know nothing of the charge—I was not there at the time.
BRAY*— GUILTY . Aged 18.— Transported for Seven Years.
OLD COURT.—Friday, March 2nd, 1838.
Third Jury, before Mr. Sergeant Arabin.
JOHN FLETCHER . I am an auctioneer, and live in Piccadilly. The prisoner had been my errand-boy about two months—I had occasion to send advertisements to the newspapers, in my business, and employed the prisoner to take them—I sent him, on the 26th of December, to get an advertisement put into the Post, Herald, Times, and Chronicle—I gave him gold sufficient to pay for the advertisement, and bring back a balance—I cannot say what amount I gave him—I did not know what they would amount to, only by the ticket which was returned to me—he brought me back some change—I do not remember what amount he brought me—I cannot tell what money I gave him, nor what he returned to me.
Q. Did you at any time charge him with not returning you the whole change? A. After I discovered that the tickets had been altered—when he returned, he brought me these tickets back—one from the Times, for 11s., for two advertisements—the next from the Morning and Evening Chronicle, two for 11s.—I cannot remember what money I gave him, nor what balance he returned to me.
NOT GUILTY .
MR. PHILLIPS applied to the Court on the prisoner's behalf, to withdraw his former plea, and he pleaded GUILTY . Aged 13.— Confined Two Months.
(The prisoner received a good character.)
760. ELIZABETH HOGAN and ANN JONES were indicted for stealing, on the 12th of February, 1 coat, value 10s.; and 1 pair of spectacles, and case, value 10d.; the goods of Willam Maher; and that Hogan had been before convicted of felony.
WILLIAM MAHER . I am a gardener, and live at, Portland-town. On the 12th of February I met the prisoner Hogan in a public-house in Holborn, about five or six o'clock—I was sober—I left her, and told her I would return about nine o'clock, which I did, and went to a house with her—I agreed to stop all night with her—she took me to George-street, St. Giles's, into a room up stairs—I took off my coat and hat, and had been there a very few minutes when the prisoner Jones came in—I did not lie down, and had nothing to do with them—when Jones came in they
began to beat me, and had me down on the ground—they handled me very roughly, both of them, and wanted to get off all my clothes to get me to bed—they both held me down—I cried out "Murder"—the servant of the house came up—they had put the light out—Jones went away directly the servant came up—I then desired Hogan should go away, and she went—I did not miss my coat and spectacles then, but in a very few minutes the policeman came in with my coat—my spectacles were in my coat pocket—they wanted to strip me naked.
Hogan. We had a good deal to drink, and were both very much intoxicated—when the policeman apprehended us it was half past three o'clock in the morning. Witness. I did not go home with her till eleven or twelve o'clock.
JOSEPH CLEMENTS . I am a policeman. About twelve o'clock on the night in question, I met Jones in George-street, St. Giles's, with this coat in her apron—I asked her what she had got there—she said it was her brother's coat, and she had brought it from Lambeth—I took her to the station-house—I went out in search, and found the prosecutor at a house in George-street—he gave me the account he has given now—he was perfectly sober—I apprehended Hogan about three o'clock in the rooming—the was quite sober.
(Property produced and sworn to.)
Hogan's Defence. I know nothing of the coat whatever—I certainly was in the man's company.
Jones's Defence. I was going up George-street, and saw several men standing round—there was a fight—the coat laid down there, and I picked it up—if I had been guilty I should not have carried it in my lap—when I saw the policeman, he said, "What have you there?"—I said, "I have a coat," and I showed it directly.
JOSEPH CLEMENTS . I am a policeman. I got this certificate of Hogan's former conviction at the Sessions-house, Clerkenwell, from the Clerk of the Peace—(read)—I was present at her trial—she is the same person.
HOGAN*— GUILTY —Aged 27.— Transported for Fourteen Years.
JONES*— GUILTY —Aged 24.— Transported for Seven Years.
761. JOHN OLIVER, GEORGE CLARKSON, JAMES STEVENS, JOHN MORGAN, WILLIAM TAYLOR, GEORGIANA STEVENS , and FRANCES TAYLOR , were indicted for burglariously breaking and entering the dwelling-house of Rowland Swann, about the hour of one in the night of the 24th of January, at St. Luke, Middlesex, with intent to steal, and stealing therein, 1 bed, value 10s.; 1 blanket, value 7s.; 3 coats, value 2l. 10s.; 5 pairs of trowsers, value 3l.; 2 waistcoats, value 8s.; 1 hat, value 7s.; 1 hat-box, value 6d.; 3 brushes, value 2s.; 3 pairs of boots, value 13s.; 2 towels, value 2s.; 2 pairs of spectacles, value 3s.; 1 flannel-shirt, value 2s.; 1 handkerchief, value 1s. 6d.; 1 tea-kettle, value 1s.; 1 pen-knife, value 1s.; 3 pictures, value 1s.; 1 umbrella, value 1s.; and 1 half-crown; his goods and monies.
ROWLAND SWANN . I am a police-officer, and live in Freeman's-place, Coleman street, Bunhill-row, in the parish of St. Luke. I occupy the bottom part of the house—a man and his wife, and a son, live in the upper part—the landlord does not live on the premises—on the 24th of January, I went out on duty, about half past eight o'clock at night—I fastened the
room door, examined the window, and it was fast—there is but one room on a floor—I returned about half past four o'clock the following morning, and found the window-shutter a little open—I pulled it open, and found the window wide open also—I looked in, but could see nobody—I opened the street door, unlocked my room door, struck a light, and looked for a candle, which I had placed on a mantel-piece the night before I found it had been taken out of the candlestick—I locked the door, ran over to the station-house, and procured a lamp—I then returned, and searched the room, and missed three coats, five pairs of trowsers, two waistcoats, a hat and box, three brushes, three pairs of boots, and several other articles—a bed, a blanket, and a flannel-waistcoat.
Q. How lately before had you seen the articles? A. They were all there when I went out—on the 6th of February I went with sergeant Seal to the lodging of the prisoner Oliver, at No. 4, Coleman-street, and there I found a bed, a hat-box, a tea-kettle, three brushes, and a small framed glass, which were my property, and which I had lost—on the next day I went with sergeant Seal and William Ball to Morgan's house, in Peter-lane, Smithfield, and there found a black waistcoat of mine, a pair of white trowsers, a hat, and a flannel-waistcoat—I did not know Morgan lived there till I was informed of it—he was there, and his wife—he was taken into custody—I went the same night to a house in Northumberland-court, Compton-street, and found Taylor there—I could not identify any thing in his place—but on his being searched at the station-house I found a pair of boots on his feet which belong to me—they were Wellington boots, but the tops were cut off—our boots are marked with a particular mark, which is cut on them—it is the broad arrow, and a number—the officer took possession of the articles.
Cross-examined by MR. DOANE. Q. Do you pay the rent of the part of the house you occupy? A. Yes—the robbery was on the 24th of January—I went to Morgan's house on the 6th of February with Seal and Ball, and found the black waistcoat there—Seal did not suggest to me in the first instance that it was my waistcoat.
Q. Did not you look at it, and did not Seal say, "Do you not think that is your waistcoat? it has a string off it?" A. I did not hear him say any thing of the kind—I had no doubt of it—it appears that Morgan keeps a sale shop, and sells wearing apparel—there were a number of hats for sale in his window, and my hat along with them.
COURT. Q. Did you say any thing to Morgan as to how he became possessed of the waistcoat and hat? A. No, I did not.
THOMAS SEAL . I am a police-sergeant. On the 6th of February I went with Swann to Coleman-street, Bunhill-row—I had been there previous to that—I know Oliver occupies that house—I did not know it previous to that—I knew it from the witness Fairweather.
MARY FAIRWEATHER . I am the wife of James Fairweather, and live at No. 4, Coleman-street, Bunhill-row. The prisoner Oliver lodged there—I let the room to him on the 29th of December last—he occupied it from that time to the 6th of February, when he was taken into custody—I had given him notice to leave the day previous—I know James Stevens—he came to assist him to move his goods in, and remained with him the remainder of the time they were there—he lived there all the time with him in the same room—I saw George Clarkson there on Monday, the 5th of February, and on Tuesday, the 6th.
Coleman-street, between eleven and twelve o'clock at night, with Ball, and found the prisoners Oliver and Clarkson there—they appeared to be going to bed—they both had their coats off—I saw a bedstead in the room, and a bed on it—I turned down the bed, and under that found another bed, which answered the description of the one which Swann had lost—I then told the prisoners I should take them into custody on suspicion of being concerned in Swann's robbery—they said they knew nothing about it—the house is a very few yards from Swann's—I took the prisoners over, leaving Ball in charge of the room—I fetched Swann over, and we proceeded to search the room—in a cupboard in the corner of the room I found three brushes, a small picture-frame and glass, a tea-kettle, and a hat-box—shortly after, Ball brought Stevens to the station-house, he having come home soon after we had left—about ten o'clock, on the 7th, I went to No. 13, Northumberland-passage, Compton-street, Clerkenwell, and in a room up stairs found the prisoners Georgiana Stevens and Frances Taylor—I believe Georgiana Stevens is not James Stevens's wife, and I am not certain whether Frances Taylor is Taylor's wife or not, but they live together as man and wife—I never knew them before, myself—I found them on separate beds, and under the bed where Georgiana Stevens was lying, which was on the floor, I found the top part of a pair of police-boots, apparently—I found nothing more there—I believe the prisoner William Taylor is the landlord of that house, as I understand from the owner—I do not know it of my own knowledge—I went the same morning to No. 8, Peter-lane, Cow-cross, where the prisoner Morgan lives, and there found a hat, a waistcoat, a pair of white trowsers, and a flannel-waistcoat—I asked Morgan if he knew a young man named Oliver—he said, "Yes, he is my wife's brother"—I asked him what sort of a character he was he said he believed he was a very respectable young man—Morgan keeps a shop for the sale of old clothes.
Prisoner Georgiana Taylor. He came to my mother's place at nine o'clock in the morning, and I was in bed—he said, "Georgiana Taylor, turn out, old girl, I want you"—I said, "Who are you, what is your business?"—he would not tell me—I directly got up, and was about to put on my things—he said, "Stop," and did not want me to put on my clothes—he says I laid on the floor, and it was on a bedstead—he did not find any boots. Witness. I believe the bed was on the floor—the boots were under the bed.
GEORGE WILLIAM BALL . I am a policeman. On the 6th of February I apprehended the prisoner James Stevens, about half-past twelve o'clock at night, at Oliver's, No. 4, Coleman-street, Bunhill-row—I found on him two small scent-bottles, a penknife, 7 1/2 d. in money, and a wire with two hooks at the end—that is not here—it does not relate to this case—I afterwards went to No. 13, Northumberland-place, where I apprehended William Taylor, and found on him a pair of boots with the tops cut off.
ROWLAND SWANN re-examined. I know these boots by their being soled at the bottom, and other marks about them, and by the tops, which fit them—the broad arrow is cut on, and the number, and the date of the year—the soles have been patched since I lost them—the tops exactly correspond—these white trowsers were quite new—I had never worn them, but they have been since put into water to spoil them—I know my hat by a small break in it—I have worn it a considerable time—I know the lining
—it is a watered lining—I swear positively to the hat—I knew it in. stantly I saw it—the hat-box I know particularly, and the tea-kettle and brushes—this waistcoat I can positively swear to; here is a little break under the arm, and a small place in the left-hand pocket—the white trowsers I know by being joined here—the flannel waistcoat has a small piece under the arm which has been recently put.
Oliver's Defence. On the morning of the 25th I had occasion to go down into the yard, and saw a quantity of things lying there—the hat, hat-box, brushes, bed, and tea-kettle—I instantly went up stairs again, and did not touch them—I said to my fellow-prisoner, Stevens, "There is something in the yard, I do not know who they belong to"—we went down stairs, looked at them, and took them up stairs—there was nobody said any thing about them, nor asked for them, nor was there any noise about them, and we kept them—had I known they were stolen I should not have kept them, but I found them in the yard.
James Stevens's Defence. Oliver went down for some water in the yard—he came up stairs and told me there were some things there—I went down with a candle and fetched them up stairs, and put them into the cupboard—they laid in the open yard.
William Taylor's Defence. I bought the boots found on me, in Petticoat-lane, and my legs being bad, I was obliged to cut the tops off.
JURY to MRS. FAIRWEATHER. Q. Do you know any thing of the goods being found in the yard? A. No, I never heard it—I never knew they were there—I never went into their room while they were there—the things were not in the yard when I went to bed, about twelve o'clock, the night before—my house is not open all night—I shut the door when I go to bed, and if anybody is out they bolt it when they come in—Oliver once asked if I would let him have the key—I said no, I was going to wash, and I should be up—he could get out without the key—the door is fastened with a latch—I generally go to bed at twelve o'clock—I bolt it if I consider every body is in—the wall of my yard forms part of the side of Friendly-place—persons could get over into my yard from Friendlyplace—I have had my water-pipe and cock stolen out of the yard sometimes.
(Upon the prisoner William-Taylor's feet being examined, they were found to be sore just above the ankle.)
OLIVER— GUILTY . Aged 20.
JAMES STEVENS— GUILTY . Aged 18.
Of housebreaking, but not burglariously.
JOHN MORGAN, NOT GUILTY .
GEORGIANA STEVENS, and
Before Mr. Justice Williams.
762. JOHN OLIVER, GEORGE CLARKSON, JAMES STEVENS, JOHN MORGAN, WILLIAM TAYLOR, GEORGIANA STEVENS , and FRANCES TAYLOR , were again indicted for breaking and entering the dwelling-house of James Pells, on the 14th of January, at St. Luke, and stealing therein 2 blankets, value 10s.; 1 quilt, value 1s. 6d.; 1 candlestick, value 3s.; 1 trunk, value 1s. 6d; 2 sheets, valve 3s.; 11b. weight of horse-hair, value 1s.; 12 yards of lace, value 10s.; and 23 yards of ribbon, value 10s.; his goods.
THOMAS SEAL . I am a policeman. On the 6th of February I made a search, as I stated in the last case—I found nothing on the prisoner William Taylor—I went to a house which I was informed was his lodging, but I do not know it myself—I am not aware whether any witness can prove it—I found a sheet in a chest of drawers, among other things, in a parlour, at the back of the prisoner Morgan's shop, which is an old clothes shop—I found Georgiana Stevens in bed in a room, and found a box there—I asked the prisoner Georgiana Stevens whose box it was—she instantly answered, "My box"—Frances Taylor was in another bed, in the same room—she said nothing there, but at the police-office she said, that part of the property I found in Georgiana Stevens's bed was in her bed, which was not the case—I found nothing in the bed where she was—in the box I found some pieces of ribbons and silk—it seemed the fag-ends of a roll of silk, and on the bed where Georgiana Stevens lay I found an old patchwork quilt—I found nothing else referring to this robbery—this was on the 7th of February—on the night of the 6th, between eleven and twelve o'clock, I went to Oliver's lodging—he was just going to bed—I did not mention this robbery to him, as I was not aware of it at the time.
Q. Did you find any thing belonging to Mr. Pells in their possession, or in the room? A. In the same cupboard, where I found a portion of the property mentioned in the last indictment, I found a small trunk, with the lock broken off, which I produce; and by the side of the trunk laid a quantity of horse-hair—I also found two brass candlesticks on the mantelshelf over the fire-place, and another on the table in the room.
JURY. Q. Was the sheet along with a stock of sheets in the drawer at Morgan's? A. Yes, it was with other sheets and other linen, in a chest of drawers in the back parlour, at the back of his shop—it might be part of his stock for sale.
JAMES PELLS . I am a horse-hair manufacturer, and live at No. 10, Waterloo-street—I use the house as a workshop and a kitchen—it is one house—the upper part is the workshop, and the lower part the kitchen. On Sunday, the 14th of January, I went out between eleven and twelve o'clock in the day—I left nobody in the house—the door was locked, but it was a very bad lock, and out of repair—we left the window down, but to that it could be opened—we came home between nine and ten o'clock in the evening—my mother-in-law had gone into the house before me—I found the window fastened, and the shutter also—I missed four candlesticks, two blankets, two sheets, and a trunk, with different articles in it; 2nd I missed about llb. of horse-hair, and some ribbons, which belong to my wife—I had seen them about a week before we moved—I had seen the box they were in, but had not seen the ribbons in it on those premises—I had seen the candlesticks when I went out in the morning—I believe the trunk produced to be my wife's—I am certain it is the trunk which I saw in the place when I went out—I cannot swear to it, but I am quite certain it is the trunk—I only know it by its being papered, and by my father-in-law's putting this lock on.
Q. Can you undertake to swear that is the trunk you left in the shop when you went out? A. Yes—I know some of these ribbons—(looking at the property)—and this gauze scarf I know particularly, by seeing it years ago—my wife used to wear it, and it was put by in the box—I do not recollect seeing it in the box—my wife used to wear it about five years ago—here is a band, corresponding with a dress she has got—I have seen her wear that once, some years ago—I do not know the counterpane myselfthese clasps I know—I have not seen them for some time, but I gave them to my wife, about six years ago, before she was married—I know all the candlesticks—the flat one has got the knob off it—I have had them about twelve months, and am certain of them.
MARY SMITH . I am the prosecutor's wife's mother. I have examined the scarf, ribbon, and counterpane—I think I can swear to all the ribbons being my daughter's, and the clasp—I often saw her open the box, and look at them—I dare say I have seen her do so within a month—the things were all in the trunk together, rolled up—I saw them last about a month ago—that was before they moved into this house—they were in the trunk—I know the trunk by the paper, and by the size of it—I saw that about month ago—I live in the same house with the prosecutor—I never saw the box in the place it was taken from—it was left in the small house, which the prosecutor occupies as a workshop and kitchen—they had removed from that to another house, but this trunk was not moved—we had moved about a fortnight before the robbery.
Q. Then you had never been in the workshop from the time you moved? A. Yes, I was frequently in the habit of going, because the kitchen is in the same house—I saw the trunk there after we moved—it had not been brought over—I saw it on the Saturday, when we were moving some of the goods over—I meant I had not seen it open for a month—I can swear to the counterpane—the bottom of it is made of umbrella stuff—I cannot exactly say when I saw it last, but certainly within a month—when they were moving—it was tied up, with a bed in it—I saw the ribbons about a month ago—when I last saw the box there were articles of this description in it—I am quite sure of the trunk being the prosecutor's.
MARY FAIRWEATHER . The prisoner, Oliver, lodged in my house—I let the room to him on the 29th of December, and he remained there till he was apprehended—I first saw Clarkson there on Monday, the 5th of February, in the afternoon—when he came down stairs, I requested him to tell Oliver I wished to speak to him, which he did; and I desired Oliver to leave—I believe they remained together that night—I saw them there in the afternoon, and again on the Tuesday, at different times in the course of the afternoon; and I saw him brought down stairs by the policeman, with Oliver—I did not see Clarkson after the afternoon-part of the day, till the policeman brought him down in custody—the prisoner, James Stevens, had assisted Oliver in bringing his goods into the house, in December; and I saw him there at different times, till he was taken into custody; and I firmly believe he slept there all the time, but I do not know it.
THOMAS SEAL re-examined. I went to Oliver's apartment—I found Oliver and Clarkson there—Stevens came in shortly afterwards, and was taken into custody—when I entered the room Oliver and Clarkson were in the act of going to bed—I have not brought the box here, which Georgiana Clarkson claimed—all the articles, except the candlesticks and horse-hair,
were found in that box, and the other sheet in some drawers at Morgan's—the counterpane was on the bed in which Georgiana Stevens slept.
Oliver's Defence. The articles produced I bought, with a bedstead, a carpet, the candlestick, and two quilts—I gave 16s. for the lot—Stevens said it would be easier for us to pay 1s. a week than 2s., and we were in the room together—we bought the articles we are charged with stealing—Stevens paid part, and I paid part—he gave the ribbons to his sister, and kept the box; and Clarkson's mother being confined, he asked me to let him come to my place for a night or two, as it was not convenient for him to be at home, and he came on Monday and Tuesday night.
James Stevens's Defence. I have nothing further to say than Oliver the young man we bought the articles of, I believe, was going to ManChester—Oliver knew him.
Georgiana Stevens's Defence. My brother brought the ribbons to me—the quilt was not on my bed—it hung on a line by the room door—the policeman took his knife from his pocket and cut it down from the line.
OLIVER— GUILTY . Aged 20.
JAMES STEVENS— GUILTY . Aged 18.
Transported for Fourteen Years.
NOT GUILTY .
Before Mr. Baron Parke.
763. JOHN MORGAN was again indicted for burglariously breaking and entering the dwelling-house of Charles Kirk, about the hour of four in the night of the 5th of February, with intent to steal, and stealing therein, 12 umbrellas, value 3l. 10s., the goods of Ebenezer Kirk.
SARAH KIRK . I am the wife of Charles Kirk, and live at No. 17, Gough-street, in the parish of St. Pancras. On Monday, the 5th of February, I went to bed at half-past twelve o'clock—the parlour shutters were fastened, and the window—I got up the following morning, and went out at twenty minutes after seven o'clock, and found the shutters open—I had not been disturbed in the night-time—I found a pane of glass broken in the window, and a dozen umbrellas taken out—they had been safe the night before, within twelve inches of the broken glass—we rent the whole house, but have lodgers.
EBENEZER KIRK . I am the witness's son. On the morning of the 6th I examined the window shutters, and saw a mark near the bottom, as if it had been forced by a chisel—the umbrellas which were taken belong to me—(looking at some)—these seven are all my property—I had seen them on the afternoon of the 5th.
Cross-examined by MR. DOANE. Q. You lost twelve, did you not? A. Yes—I am quite sure these are seven of them—I am an umbrella-maker, and they are my own workmanship—I do not make a great quantity—I get my living by it—I have made a great many in my life-time.
COURT. Q. Are they newly made? A. Yes—I am positive they are the same as I had on the 5th, as they are my own make, and I know them by the materials—I had only sold one of the same sort before.
MR. DOANE. Q. Why, these are of various sorts, are they not? A. Yes, but I only sold one having a peculiar border—five of them have that
peculiar border—I made thirteen, I believe, of the same sort, but never sold but one—I cannot say whether the rest are on my premises now, but I gave my brother two the beginning of January—I have the rest in my possession at home, I am certain—I never parted with more than three with that border.
THOMAS SEAL . I am a policeman. On the 7th of February I went to the prisoner's premises, about eleven o'clock, and searched them—I found these seven umbrellas there, and no more—three of them were in the parlour at the back of the shop; and four, including one with a white handle, up stairs, behind the bed in the front room—they were put into a corner, between the washing-stand and the bed—it was a Waterloo bedstead, which was down—the other three, which were down stairs in the parlour, were between a chest of drawers and a cupboard, in a very narrow space, entirely out of sight till I looked into the nook—they were loose—I asked the prisoner where he got them from—he hesitated a long while, and then said he got them from a man in Petticoat-lane, in the way of trade—his wife said, in his presence, that they occupied but one more room up stairs, and that was an empty one—in about ten minutes the prisoner said there was a room up stairs, partly occupied by himself, and partly by his brother, named Young—he did not say when he got the umbrellas.
Cross-examined. Q. Was there not another umbrella in the shop? A. There was a very old one indeed—whether it was for sale, or not, I cannot tell—Petticoat-lane is a place where things of this description are sold.
COURT. Q. Where was the old umbrella? A. At the back part the shop—it had no handle—that one was not concealed—there are very few shops in Petticoat-lane, but it is a great mart, in the open street—I asked him if he knew the man he bought them of—he said he did not—I asked if he thought he could find him—he said, "No."
MR. DOANE. Q. Were not his words, "I don't know whether I shall be able to find him?" A. I asked him if he should know the man again, and he said he did not think he should; that he did not know whether he should be able to find him.
NOT GUILTY .
Before Mr. Baron Parke.
764. JOHN MORGAN was again indicted for feloniously breaking and entering the dwelling-house of Henry Lumley, on the 3rd of February, and stealing therein 13 yards of silk, value 1l. 4s., his property.
MARTHA LUMLEY . I am the wife of Henry Lumley, who rents a house in the parish of St. James, Clerkenwell—I carry on the business of a ladies' wardrobe-keeper there. On the 3rd of February this silk was put into the window for show—I was sitting in the front kitchen, and, in consequence of information, I went to the front window, and found a pane of glass removed, and missed the silk—it was from twenty minutes after seven to twenty minutes after eight o'clock in the evening.
THOMAS SEAL . I am a policeman. On the 7th of February I found a piece of silk, in a box under the counter, at Morgan's premises—the box was concealed under a quantity of old rags, on the ground—I asked him for the key of the box—he said he had not got it—I broke it
open, and, under some flannel, I found this silk—I did not ask him about it.
(Property produced and sworn to.)
NOT GUILTY .
(The prisoner was subsequently convicted of receiving the above articles.—See Old Court, Monday, March 5.)
Before Mr. Barm Parke.
NOT GUILTY .
766. JOHN MORGAN, GEORGIANA STEVENS , and FRANCES TAYLOR , were again indicted for feloniously breaking and entering the dwelling-house of John Darby, on the 27th of January, at St. Sepulchre, and stealing therein 2 shawls, value 2l.; 2 frocks, value 12s.; 1 shift, value 4s.; 1 pelerine, value 8s.; 1 pair of cuffs, value 4s.; 1 petticoat, value 1s.; the goods of Maria Jane Darby: 1 cloak, value 2l; the goods of Elizabeth Ann Darby: 1 cloak, value 5s.; 2 table-cloths, value 1s.; 1 shift, value 1s. 6d.; 1 shirt, value 1s.; and 1 bed-gown, value 6d.; the goods of the said John Darby; upon which no evidence was offered.
NOT GUILTY .
Before Mr. Justice Williams.
767. EDWARD THOMAS and WILLIAM TANN were indicted for feloniously breaking and entering the dwelling-house of Mary Olive Woodman, on the 9th of February, at St. Luke, Chelsea, and stealing therein 1 watch-case, value 16s., her goods.
MARY OLIVE WOODMAN . I am a widow, and follow the business of a watchmaker, at No. 29, Paradise-row, Chelsea. On Friday afternoon, the 9th of February, about three minutes after three o'clock, I was sitting in my parlour, adjoining the shop, and heard a noise in the shop—I thought at first it was a cat—it was like a cat in the window—I went out and looked but could see nothing—the window appeared quite safe—I returned into the parlour again, and at twenty minutes after three o'clock I went into the shop, and noticed the watches on the right-hand side were moved, and a silver watch-case was taken away out of the window—the pane of glass had been cot some years ago, and puttied across; but I found a small square piece, about two inches and a half square, cut out of it, so that a hand could have been put in to take the watch-case—I have not Been it since—it if worth about 16s.
Cross-examined by MR. DOANE. Q. You carry on the business entirely yourself? A. I do—the glass was quite safe at three o'clock is the atfernoon—I have not seen the case since—I saw it safe at three o'clock, and the window also—five watches, which hung on hooks, were pushed aside to get the case.
WILLIAM HIGGINSON . I am twelve years old, and am an errand-boy; I live at No. 1, Paradise-walk. I know the prisoners—I saw them on Friday, the 9th of February, with two others, named Stone and Franklin, in
Paradise-walk—I know Mrs. Woodman's shop—I first saw them about twenty yards from her shop, all four together—the prisoners went to the prosecutrix's window, and Franklin and Stone stood away, about twenty yards from it—the prisoners stood at the window, and I saw them moving the glass with their fingers—I saw the watch-case in Thomas's hand—it was a white one.
Q. How near were you to them? A. I was on the other side of the road, and I heard what they said—I was a little further from them than I am from that bench—I heard Thomas say they would have another one a-piece before they went away—they were more than about twenty yards away from the window, with the case—they were opposite the public-house—when they got the case they ran to the other two—the prisoner then came back again to the window, and then went away—they ran up to the other two, and they all four ran away through College-walk together.
Q. When they returned, how near did they get to the window? A. They went past the window, and ran to the others, and they all went through College-walk together.
Cross-examined. Q. Whose employ are you in now? A. Mr. Railton's, of Chelsea—I am his errand-boy—I was not in his service when this happened—I was picking up some cinders for my mother—I have not had any words with either of the prisoners—Thomas used to live next door to me—I never quarrelled with him that I recollect, nor with the other—I do not owe them any grudge.
Q. Did you tell the Justice of what you heard Thomas say about having another one a-piece? A. I told it at Queen-square when I was sworn—I do not know whether what I said was taken down—something was read over to me by the clerk—it was an account of the evidence I had given—I signed my name on it—it was the true statement of what I said—(looking at his deposition)—this is what I signed.
(The deposition being read did not contain the statement alluded to.)
HENRY FRANKLIN . I am thirteen years old, and live at No.2, Wilderness-row, Chelsea. I used to go to school with Thomas—I have known him three years, and I know Tann also—on Friday, the 9th of February, my father sent me on an errand—I was going in doors, and met the prisoners at the top of Wilderness-row—they asked me to go down to the water-side, to see the lumps of ice—I went with them, and coming back, I saw them go over to the prosecutrix's window—Thomas tried to push a piece of glass in with his finger—Tann was with him—Thomas then took out a knife, and cut it, and then pushed it in—he put his hand in, caught hold of a watch, but could not reach it off—he shoved five more on one side, and then took the case, and went and buried it—I saw the case come out of the window—Tann was standing with him at the time—they came up to me and Stone—we were about twenty yards off—I followed behind them, and they went and buried it in Blackman's-lane—they were taken up on Saturday night—I do not know what became of the watch-case.
Q. Did you hear them say any thing? A. Yes, I heard them say they would have one a-piece, and five or six more—they were right opposite the prosecutrix's window when they said that—it was after they had got the case.
Cross-examined. Q. You were with Stone while they took the watch? A. Yes—I saw them go the window, and then I walked away—I did not run away with them to bury the watch—I walked behind—I saw it buried.
Q. Did not you think it was a very bad thing? A. Yes—I did not tell my mother of it—when the constable came I told him.
JAMES BRADLEY (police-constable B 134.) On Friday, the 9th of february, I met the two prisoners, about twenty minutes after three o'clock in the afternoon, coming from the prosecutrix's house towards Hospital-row—they were about fifty yards from the prosecutrix's—they were in company with Stone and Franklin—I cautioned them, and wished them to go home—I did not see them any more that day—on Saturday, about half-past five o'clock, I took Stone, Tann, and Thomas into custody—I found a penknife on Thomas—I afterwards went with Franklin, and he showed me where he said the watch-case had been buried—it was plain that the ground had been fresh moved—it was enough to conceal a watch-case.
Cross-examined. What has become of Stone? A. I believe the bill against him has been thrown out.
MRS. WOODMAN re-examined. The case was four or five inches from the window—my shop is in the parish of St. Luke, Chelsea.
THOMAS— GUILTY . Aged 12.
TANN— GUILTY . Aged 14.
Confined Three Months.
Before Mr. Baron Parke
EMMA ROGERSON . I live at No. 3, Moor-lane. I know the prisoner—he lodged at my sister's, and represented himself as a watchmaker—he is something in that business—he applied to me for my gold watch to regulate it—it was at the beginning of January—I cannot fix the day—it gained, he said it wanted regulating, and applied to me to give it to him for that purpose, and I did—he said he would return it in a few days—I applied to him for it several times, and the excuse was that it was not done, but I should have it as soon as it was—I could not get it back from him, and I did not see it again till I saw it at the pawnbroker's in February.
JOSEPH HARRIS . My father is a pawnbroker in Hackney-road. The prisoner pawned this gold watch with me on the 12th of January in the name of John Wulff—I knew him before—I gave him a duplicate—I asked him if it was his own property—he said it was—he pawned it for 3l.—I produce it.
(The prisoner put in a written defence admitting having pawned the watch, but avowing that it was not done with any dishonest motive, but with the intention of redeeming it, and that it was given to him to repair.)
NOT GUILTY .
Before Mr. Justice Williams.
WILLIAM SMITH . I am a shopman in the employ of John Griffith, a pawnbroker. I have known the prisoner about two months, and hare frequently seen her at our shop pledging and redeeming articles—on the 30th of January, about four o'clock, I missed a dark olive-green lady's cloth cloak from the outside of the shop—it hung in front of the window for sale—I had hung it up myself about eleven o'clock, and had not seen it after that—I did not see the prisoner at the shop that day—I saw the cloak afterwards at the office, on the 16th of February, in possession of North, who is in Mr. Blackburn's employ.
Cross-examined by MR. PAYNE. Q. When did you miss the cloak? A. About four o'clock—I had not seen it from eleven o'clock to four o'clock—I had not seen the prisoner at the shop that day, but I had a few days before—I marked the cloak, but the mark has been taken off since—there is no mark on it now.
ARTHUR JOHN NORTH . I am in the employ of Mr. Blackburn, a pawnbroker. On the 30th of January the prisoner pawned a cloak at my master's between six and seven o'clock in the evening—this is it (producing it) I am quite sure—I have had it in my custody ever since.
Cross-examined. Q. Did you know her before? A. Yes, I have seen her several times—I am quite sure she pawned it—we have a good many customers—I recollect her by seeing her again a few days afterwards.
COURT. Q. HOW often had you seen her before? A. Two or three times—she came to the shop again two or three days after, both to pawn and redeem—I have not the least doubt of her being the person.
JAMES WELLS (police-constable S 22.) I apprehended the prisoner. I found some duplicates at her lodging, and one for this cloak among them—I know it was her lodging—Smith went there with me, and he said he had found her there.
WILLIAM SMITH re-examined. I know the prisoner's lodging—I did not know she lived there till the 15th of February, when I went and found her there—we did not discover who took the cloak till we found the ticket at her lodging, under her bed.
Q. How do you know it was her lodging? A. I traced her to there when I lost a pair of trowsers, on the 15th of February—I do not know that she lodged there on the 30th of January—(looking at the cloak)—I should say this is the cloak—it has the appearance of the one I lost—the silk and all is just the same—I should say it is the same cloak—I am sure of it.
MR. PAYNE. Q. DO you speak to any thing more than its being like it? A. One of the strings had been re-sewn before it was lost, and that I see here—I observed that when we had it.
COURT. Q. Before the cloak was lost on the 30th of January, had there been any string missing, and another put on? A. No.
MR. PAYNE. Q. Then why say you know it by the string having been sewn on it? A. It has been re-sewn since it was made.
COURT. Q. But before you lost it from your shop, what had you observed about it? A. I observed the cloak altogether—the lining inside, and the string has the general appearance of the same string—there is nothing
else—I speak to it by the general appearance—I will not swear to it—I know it by the silk inside—it is not usual to have silk sewn in that way, and the cloth is the same quality and the same colour, to the best of my opinion, and the make of the cloak is exactly the same—from its general appearance altogether, I should say it is the same I lost—there had been no fresh strings put on before I lost it—it was in the same state as it is now—the strings are the same now as when it was lost—one has been re-sewn since it was made—I had observed that before I missed it—it attracted my attention when I pinned the private mark on the cloak to the string—taking every thing together, I should certainly say it is the cloak, but I had rather not swear to it being the same.
NOT GUILTY .
Before Mr. Baron Parke.
WILLIAM SMITH . I am shopman to John Griffiths, a pawnbroker in Ossulston-street, Somers Town. On the 7th of February I missed two pairs of trowsers, which hung outside the shop—I saw them again before the Magistrate on the 16th.
Cross-examined by MR. PAYNE. Q. Where did they hang? A. On a sort of board outside the door—they were not fastened—I know them by the private mark inside—(looking at them)—I had seen the private mark before they were lost—my master made it, and I know his mark—I had seen them about two o'clock, and missed them about five o'clock—they had not been sold—I was at home all the time—I hung them up at two o'clock—they could not have been sold without my knowledge.
"The prisoner says, 'I have nothing at all to say, I wish you to show mercy on account of my child.'"
(The prisoner received a good character.)
GUILTY . Aged 31.— Confined One Year.
(There was another indictment against the prisoner.)
Before Mr. Justice Williams.
771. CHRISTIANA WILKINS was indicted for stealing, on the 10th of February, 3 linen cloths, value 8s., the goods of Richard Moore, her master—the prosecutor's name being Richard Moore Smith , the prisoner was ACQUITTED"> ACQUITTED .
Before Mr. Baron Parke.
HENRY STANLEY . On the 31st of January I went to the shop of a dealer in marine-stores, named Waller, at Edmonton, and found a piece of iron there, which I knew to be the property of my brother Thomas—I had used it occasionally as a tool—it was broken and thrown among some old iron.
JOHN WALKER . I am a dealer in marine-stores, and live at Edmonton. On the 27th of January, after eight o'clock, the two prisoners brought some old iron to my shop—there was 3qrs. 11lbs.—I had seen them before—I cannot say which brought it into the shop—one carried the whole—George Craft put it into the scale—I did not notice that Joseph touched it—he said nothing about it—my housekeeper looked at it and said, "This is very heavy iron"—George said, "You need not be afraid, my brother is a gardener, and it comes from Tottenhami High Cross"—his brother was by at the time—he did not point to him, nor say he had brought it—I threw the money on the counter—I cannot say which took it up.
John Craft. I never went into your place at all—where did I stand?
Witness. At the lower side of the shop—the iron was afterwards given up to the constable.
DINAH SAWKINS . I am housekeeper to Walker. I was present when the prisoners came to his shop—George brought the iron, and put it into the scale—I looked at it, and said, "This appears very heavy iron"—he said, "You need not be afraid, my brother is a gardener, and it comes from Tottenham High Cross"—he did not point out the other prisoner as his brother—master threw the money on the counter—I cannot say which took it up—I afterwards gave the iron to the officer.
George Craft. Her oath is not fit to be taken—she lives with this man, and is a woman of the town.
JAMES CLARK . I am servant to Mr. Stanley. I know both these pieces of iron as being his property—I know them by using them, and by their general appearance—I saw it two months before it was found, I am certain—I never missed it at any particular time—it was kept in the corner of the yard, among old iron—there is a gate there, but it is very seldom opened—the prisoners have both been in the habit of coming to our shop, and might have gone into the yard—they are labourers at the farming business—it being a cold winter, they came to be warmed by the fire—I saw them there about the latter end of January, both together.
WILLIAM CRAFT . I am the prisoner's brother. I know nothing about this, but they lodged with me for above twelve months—I am a gardener, and live at Edmonton—I work at Tottenham Cross—I know nothing about the iron—I have no other brother a gardener.
JOSEPH CRAFT— GUILTY .—Aged 30.
GEORGE CRAFT— GUILTY .—Aged 19.
Confined Fourteen Days.
Before Mr. Justice Williams.
EDWARD BAYNTON . I am a hatter, and live at Brentford. Last Saturday three weeks, I missed a hat from my shop, about nine o'clock at night—I had seen it about eight o'clock—I found it on the Monday morning following, at Mr. Burford's, the pawnbroker's.
LOUISA WORDEN . I am sixteen years old. I have known the prisoner about two years—I have not seen him with a hat at any time lately—I had a hat in my possession last Saturday-night three weeks—I cannot say who gave it to me—there were two of them together—I was examined before the Magistrate yesterday—I did not make any mark to what I said—I believe what I said was taken down in writing—I did not see anybody writing.
Q. Were you not taken up about this? A. Yes—I was taken on the Monday—I had the hat last Saturday three weeks—I had it between nine and ten o'clock—somebody gave it to me—there were two together—the prisoner is not one of them—yes he was one of them—they were both together at the time they gave me the hat—I do not know who the other man was—I only know the prisoner—the other was quite a stranger—I cannot say which it was that gave me the hat—they asked me if I would take it to Mr. Burford's to pawn—they both asked me—for they did not like to go themselves—I went and got 3s. for it, which I gave to the prisoner—I do not know how I came to give it to him.
JAMES CUSHER . I am a policeman. I took the last witness into custody on the 5th of February, and took the prisoner the same afternoon—I told him I took him for taking a hat from the prosecutor—he said he knew nothing about it—I brought him to the station-house—the witness was there at the time—I asked her in his presence if he was the person who gave her the hat, and she said he was—he denied it then, but shortly afterwards he said he gave her the hat near the chapel, in Old Brentford, and that he bought it of a man in the street.
EDWARD BAYNTON re-examined. That is the hat that was stolen from my shop—I know it by the trimming and general appearance—it is a new hat—I have no private mark on it, but it is a show-hat, and I have had it in my hands every day for three weeks.
Prisoner's Defence. I and another one were going into a public-house to have a pint of beer, when a man tapped the other one on the shoulder, and asked if he wanted to buy a hat—he made no answer—I said, "Let us look at it; what do you want for it?"—he asked him 2s. 6d.—he had not sufficient money—I lent him some, and, going along the street, I got this girl to go and pawn it to pay me.
GUILTY . Aged 19.— Confined Six Months.
Before Mr. Baron Parke.
WILLIAM WHITE . I am a policeman. On the evening of the 9th of February I was on duty in Clare-market, and saw the prisoner with a bolt of canvas, which I produce—I saw him go into a pawnbroker's with it—he came out again with it, and I took him into custody with the canvas
—I asked him where he got it—he said he brought it from Mr. Edgington's, in the Old Kent-road, and was going to take it to No. 10, Drury-court, to work up into sun-blinds.
ALFRED EDGINGTON . The prisoner was in my father, Thomas Edgington's service, who is a rick-cloth and sun-blind-maker—his manufactory in Kent-road was burnt down on the 9th of February—the fire broke out about three o'clock in the morning—I gave orders for the goods which were saved to be moved into the prisoner's room—he was employed as a watchman to sleep on the premises, and locked every thing up—among the things saved was a bolt of canvas, which was put into his room—there is no mark on this, as the ticket is gone—I am sure only one bolt was put into his room—he was present at the fire—the canvas was produced before the Magistrate, and I gave the same evidence as I have to-day—I saw the Magistrate sign this examination—I had not sent the prisoner to make the canvas into blinds—I saw the Magistrate sign the paper which I did—(looking at it)—my signature is here—(read)—"The prisoner says, 'I took the canvas, but was only going to pawn it—I intended to redeem it when I took my wages at night."
Prisoner. I do not wish to say more than is in that paper.
(The prisoner received a good character.)
GUILTY . Aged 36.— Confined Three Months.
Before Mr. Justice Williams.
MR. BODKIN conducted the Prosecution.
JAMES WILKINSON . I am a livery-stable-keeper at Portman-mews. On the 12th of August the prisoner came to my stable, dressed in a livery suit, top boots, and a cockade in his hat—he said he wanted to engage a pair of horses for two months for his master, Colonel D'Essentieni, who lived at Norman Villa, and was a sort of ambassador or something of that kind—that he was a very respectable gentleman, and every thing of that kind—in consequence of his representation, I agreed that the horses should be taken next day to the Colonel to be looked at—about half-past eight o'clock the next morning, (Sunday,) the horses were put into a carriage of mine, and I accompanied him down to Norman Villa—I was to have 12l. month for the horses and harness—the carriage was merely for me and himself going in—he was to pay 12l. a month for two months—I went into the stable-yard there, and a gentleman came to me—he looked at the horses, and it was agreed that they should be hired on those terms—I noticed a green chariot there—the horses were for that—the prisoner came next day to change the harness for some better, and I gave it to him—that was on the Monday—about a week after I saw him again, and I then asked him if I was to have a month's advance—he agreed to endeavour to get it for me, and I was not to come that week, as he was going away for three or four days, but I was to come on the Monday or Tuesday week following—I went on the Tuesday, and they were all gone from Norman Villa, horses, carriages, and every thing—that was on Tuesday week, about the 21st—the horses went down on Sunday the 13th—the value of them is about 50 guineas—the harness was not in the agreement, but I lent it.
COURT. Q. You never got the horses? A. No—the gentleman I saw there appeared like a foreigner—he had rather the air and look of a gentleman—he had a smart dress, and was a smart made man, with a dark complexion—the prisoner was always in livery when I saw him—I have never heard of my horses since, nor of the colonel—I heard that he went over to France, but nothing more, and not that for certain.
STEPHEN THORNTON . I am a policeman. The prisoner was given into my custody, on the 29th of January, at a public-house in Holborn—I told him he was charged with stealing a pair of horses and harness—he said he was all right, they could not hurt him, he was only servant to the colonel, and he had a letter which would prove that he was sent into the country on the Saturday as the colonel left town, and the colonel was to meet him at Leicester—I understood him to mean the same Saturday as the colonel left the cottage at Fulham.
Prisoner. That is what I told him, and that is the truth.
GEORGE HOTTS . I am a stableman, and live in Great Chesterfield-street I know the prisoner—I saw him on the 4th of August last, and had some conversation with him—I met him by accident, at Knightsbridge—we went into a public-house, and while there he asked me if I was out of a situation—I said I was—he said he thought he could get me a very good situation—I said I should feel very much obliged to him if he could do so—he said he could, and one where I could have a great quantity of clothes—two or three, or three or four suits, at least if I could find tailors to get them from—he said he was in the service of a colonel, but what else I do not know—he afterwards asked me if I knew of anybody that could serve them with horses—I said yes, I knew plenty that could, but not under the circumstances he mentioned—I said I thought it was swindling.
Q. Why did you say that? A. On account of the way he expressed himself about the clothes—when I said so he would not give me any answer at that time—after that, we were all the afternoon calling at various places he had to go to—I went with him—I did not have any further conversation with him till the evening—the last place we left was in Oxford-street, and in going across Hyde Park, back to Knightsbridge, where I first met him, he said that the horses would never be paid for.
Q. How came he to say that? A. By my questioning him over and over again—he did not say why—he said, could Mr. Wilkinson serve them with horses—I said, yes, no doubt, but, as I said before, it was on a swindling system, and I begged of him not to go to Mr. Wilkinson, as I knew him—he made no answer to that—he did not say he would or he would not—I then put him into a Hammersmith omnibus, as he had been drinking, and left him—he appointed to see me next day at seven o'clock in the evening, but he did not come, and I did not see him again till he was in custody at Hatton-garden.
COURT. Q. Was he in livery when you saw him on this day? A. He was in livery then, and when I knew him first.
JURY. Q. Was that the same kind of livery as he now wears? A. No, not the same as he has now—I only saw him this one day—I cannot say whether he had on the same livery as he has now—it is the same colour—I could not swear to it—it looks like it—he had a cockade in his hat—I have known him about a year and a half.
COURT. Q. What has he been during that time? A. He has been in the habit of being a footman, and at one place he was stable-man—he has
been a gentleman's servant in different capacities from the first time of my knowing him—at the last place he was in he was dressed as a footman.
CHARLES GOODYEAR . I am a gardener. I was hired by the colonel at Norman Villa, to keep up the garden, as I had before done for Mr. Carter—I remember the day on which the colonel left altogether—it was Saturday, the 19th of August—I saw the prisoner there that day, and paid him some money about three o'clock in the afternoon—I saw them put the horses to the green carriage to take Madam away—the coachman and the footman went with the carriage—the prisoner was the footman—the colonel was not there then—they went away about four o'clock in the afternoon—I had not seen the colonel for a week before that, I believe.
Q. When you paid the prisoner the money at three o'clock, did he say any thing to you about having to go to Leicester, or any thing of that kind? A. No, he did not—I did not see a lady in the carriage, but I think there was one—she was there that day—I saw her, but not the colonel.
ELIZABETH CARTER . My husband is the owner of Norman Villa, Fulham. We let it on the 19th of June last, to Colonel D'Essentien, as we were going abroad for twelve months, and we let it to him for that time, completely furnished—the colonel's name was Frederick D'Essentien—I had repeatedly seen the prisoner there as his servant—he came with them the day they came to look at the house—almost immediately after they got possession we heard they were swindlers, and we did not go abroad, but took lodgings at Hammersmith to be near the spot, and on the 19th of August the colonel left, leaving the servant behind—the policeman took the remainder of the servants to the station-house about eleven o'clock that night—the cook, the coachman, and the coachman's wife—they had some of our property on them—I did not see the prisoner at the station-house, so I supposed he was gone—some of the furniture which was let with the house was pawned in St. Giles's.
COURT. Q. Was the prisoner in livery when you first saw him? A. As near as possible as he is now only much better.
GEORGE WILLIAMS . I am a solicitor. Messrs. Black and Reading, coachmakers, are my clients—in consequence of a communication they made to me, I accompanied them to Norman Villa, on Saturday, the 15th of July last, and proceeded to take away two carriages from there, which they claimed—the colonel, the prisoner, the female cook, and another man, interfered to prevent us—the prisoner first had a long pole, and then a pitchfork, and the colonel armed himself with a poker; but we succeeded in getting the carriages away—I had been down there the day before, and requested the prisoner to give up the carriages, as I told him they had been improperly come by—he made no answer, but turned on his heel, and shut the door in my face—when I went down the next day, I went to the court-yard, and the gates were forced open; but previous to that three of our men had got over the wall, and the colonel had struck one of them on the head with the poker, and hurt him very much—we then ordered the gates to be forced open, and all the men rushed in—we took the carriages, and, after a skirmish and fight, we hired horses, and brought the carriages to London.
Q. Have you ever heard any thing of the colonel since? A. No—I had seen the prisoner once previous—I went down three times—the last time I went I demanded the carriages—he said, "I know nothing about it; the colonel is not here; you may do just as you please."
COURT to MRS. CARTER. Q. How many servants had they? A. Two; but they changed the coachman three separate times—he had two men servants, and never but one female, I think. NOT GUILTY .
Before Mr. Baron Parke.
776. JANE ROBERTS was indicted for stealing, on the 8th of February, at St. Mary, Islington, 11 spoons, value 3l.; 1 ladle, value 10s.; 1 butter-knife, value 7s.; 2 forks, value 15s.; 1 skewer, value 10s.; 2 waiters, value 1l.; 1 coffee-pot, value 1l.; 1 sugar basin, value 5s.; 1 milk-pot, value 5s.; 2 blankets, value 5s.; 1 petticoat, value 2s.; 1 yard of carpet, value 1s.; and 1 knife, value 1s.; the goods of Susan Webb, her mistress, in her dwelling-house: and LUCY ROBERTS , for feloniously receiving the same goods, well knowing them to have been stolen.
SUSAN WEBB . I live at No. 3, Charles-street, Gibson-square, in the parish of St. Mary, Islington. The prisoner, Jane Roberts, came into my service on the 29th of October—she was my only servant—on the 7th of February she came into the drawing-room to me, between eight and nine o'clock, and said my daughter wanted the keys—my daughter was ill in bed—one of the keys opens a cupboard at the bottom of the kitchen stairs, which is a store closet, and a variety of things were kept there—there was plate in it, some tea-spoons, dessert-spoons, two forks, a skewer, and a marrow-spoon, all silver—it was where I kept the plate not in use—I think I had seen it all about a fortnight before—I saw that cupboard that afternoon, and I know it was locked—I had passed it many times in the course of the day—I went to bed that night after eleven o'clock—I looked at the street door, and saw that it was locked and fastened—I called to the prisoner to know if the back doors were fastened—she said, "Yes," and my daughter, who was sleeping in the back parlour, said she had heard her fasten them—the prisoner slept in the front kitchen—about half-past twelve o'clock she came into my bedroom, opened the door very quietly, and said, "Ma'am, don't be frightened; there are thieves in the house"—I did not hear any thing—she said, "Don't you hear them, ma'am? they are going"—I listened, but did not hear the footsteps of any one—I was sleeping in the back parlour on the ground floor—it is an eight-roomed house—I got up immediately, and ran to the top of the house, where I had two gentlemen, lodgers, and called them—she said the thieves had been in the house for some time before, that they had tried her door, and she had heard them a long time—that she went to sleep after their trying her door, and was awoke by their knocking at her door—she thought something had fallen against her door—when I got a gentleman to come down stairs, she went down with him, and at the bottom of the stairs was some linen in a wardrobe, tied up with some soap and candles, and the cupboard door was wide open, with the keys in it, and three boxes pulled out—I said, "Why, they are curious thieves, they have taken nothing"—she said, "Yes, ma'am, they have taken the plate"—I examined the front door, and it was quite fast, and the back doors were both open—the back door leads into the garden—I saw the plate-box standing there empty—it had contained plate not in use, and I did not know she ever knew plate was in that box—she then told me that the plated articles were gone out of the wardrobe, and I found they were gone—I told her I wondered she came out of the kitchen, knowing there were thieves in the back kitchen—I asked her if they were in the back kitchen, and if they had a light—she said she could not tell, that she ran up stairs, expecting to find
us all murdered—the policeman observed some footsteps in the yard, and I observed wet footmarks on the kitchen stairs—the prisoner was without her shoes and stockings, and the policeman observed that whoever had been walking there, was without shoes or stockings—there appeared footmarks in the garden, going out of the house, down towards the wall, but none coming towards the house—they appeared footmarks of only one person—I said I wondered the dog at the next house did not bark—she said, "Probably it was asleep"—there is a gravel-walk in the garden—the policeman said there appeared the footsteps down, but not up, but I did not examine that myself—I kept a little dog a short time before, which was let out of the house about a week before, and, to the best of my knowledge, I saw that same dog in White Conduit-fields afterwards, with its throat cut—there were marks of wet footsteps and naked feet on the stairs.
Q. Did the prisoner ask to go out in the course of that night? A. In the course of the night she proposed, as we were up all night, that we should have some tea, and about four o'clock wanted to go out to get milk—I said I could not be so unreasonable as to send her out at that time, but she wished to go, and I allowed her—she was absent an hour—she went out at the front door—the policeman came almost immediately after the alarm, and looked into the garden, and ont he following morning he informed me he had had her in custody before, and then she said she had been to her mother's when she went out in the night—her mother lived close by, about five minutes' walk from our house—she did not say why she had been to her mother's—it was the policeman spoke to her about it.
Q. Do you know of a petticoat being found at the pawnbroker's? A. Yes—and she acknowledged to me that she had pawned it, the day after the robbery, and it was found that day or the next—she told me she had taken it to pledge, for her mother was ill—it was my daughter's petticoat—my daughter had missed it in the course of the day, and named it—it is her property, not mine—she is twenty-two years old—I did not miss the carpet till it was brought to my house—my daughter went with the policeman to the prisoner's mother's the day after, and it was brought to me—it was my carpet—I asked the prisoner how she came to cut the carpet—she said she thought it was too large for the room, and her mother wanted a piece to put her feet on—it might be a little too large for the room—I did not miss the. blanket till it was found at her mother's, the next day—she said she took it to her mother's—she gave no reason for taking it.
THOMAS HOBBS KING . I am a policeman. On the morning of the 8th of February, between eight and nine o'clock, I was sent for to Mrs. Webb's—(the policemen who were there in the night are not here)—the prisoner Jane opened the door, and let me in—I asked if Mrs. Webb was at home—she said, "Yes"—she asked me into the parlour, and begged me not to say any thing of what had happened before—that was all she said at that time—she did not mention what she meant—Mrs. Webb came into the parlour, and told me about the robbery—I went out and examined the doors—there had been no force used to them, nor was there any marks of violence whatever about any of the doors—I examined the garden, and saw several foot-marks there, but the policemen having been there overnight, I cannot say any thing about them—I afterwards went to the prisoner's mother's house, in John-street, and found a blanket, piece of carpet, and nineteen duplicates—I found several things in the room which I was not certain of, and went and got somebody from the prosecutrix's house to come and look at them—when I came back again I could not see
them—I asked where they were—the mother denied their being there, but afterwards said she had burnt them—I had seen a handkerchief and several trifling things there—I did not find any traces of articles being burnt, but the fire was much fiercer than when I went away—I took the mother into custody, and afterwards the daughter—the mother said she had purchased the blanket for 3s. and the carpet for 1s. 6d., at a marine-store shop—she afterwards owned that her daughter had given them to her—the daughter denied all knowledge of the plate—she said she had given the blanket to her mother, because she had nothing to cover her, and the carpet she had cut off and given to her mother—the mother at first said she had bought them, and afterwards that her daughter Jane had given them to her—she at first denied her daughter having been there that morning, and said she had not seen her for two or three days before, but she afterwards said she had been out for some milk, and called round there to tell her the house had been robbed, and stopped there an hour, or it might be an hour and a half—I produce the blanket and carpet.
Lucy Roberts. He asked when I saw my daughter last—I said, about half-past four o'clock that morning she came and told me the house had been robbed, and she had come out to buy milk for her mistress's breakfast—that was all I said—he was at my place three times that day, and there was no alteration whatever in the place—I did not know there was any carpet to come against me.
MRS. WEBB re-examined. I know the blanket by some darning in it in one or two places—it is my own work—I am certain it is mine—the carpet I have some like—it matches with my carpet.
Jane Roberts's Defence. I am perfectly innocent of the plate—the blanket and carpet I owned to—I had a very bad scald, and when I went home I told my mother, and took her the blanket—she said, "Where did you buy it?"—I said, "Never mind"—she asked where I got the carpet, and I said, "Never mind"—she is innocent.
JANE ROBERTS— GUILTY of larceny only. Aged 23. Judgment Respited.
LUCY ROBERTS— NOT GUILTY .
Fourth Jury, before Mr. Recorder.
WILLIAM BECK THORPE . I am a butcher, and live at No. 102, Cromer-street. On the night of the 19th of February I was opposite the shop of Richard Cook, at the corner of Pindar-place, about four yards from the door—I saw both the prisoners go into the shop together—Whiting shifted a piece of ham along the window-board till he got it close to the door—he then came out of the shop with it—Wood stood before him, and could see what he was doing—when Whiting came out of the shop I caught hold of him, and he dropped the ham at my feet—I took him inside the shop, and asked Mr. Cook if he had lost any thing—he said a piece of ham—I said, "Here it is, and here is the chap that took it"—Wood was just coming out
of the shop—I stopped him—a policeman was sent for, and they were both taken into custody—I had been watching them for some time.
Wood. I went into the shop for an egg—I had not been with him above half an hour—I came down the street with him, but I did not know he had stolen any thing.
RICHARD COOK . I am a cheesemonger, and live in Pindar-place, Gray's, Inn-lane. I remember the prisoners being at my shop about ten o'clock on the night in question—Thorpe seized hold of Whiting just outside the shop, and brought him in—I was very busy at the time, and had not seen Wood—I missed the ham when my attention was called to it, and knew it to be mine when it was produced.
(Properly produced, and sworn to.)
Whiting. I did it from want—I had not broken my fast for two days.
WHITING*— GUILTY . Aged 18.
WOOD*— GUILTY . Aged 18.
Confined Three Months.
778. MARY LANE was indicted for stealing, on the 27th of February, 1 shift, value 3s.; 1 boa, value 2s.; 1 night-gown, value 1s.; 1 collar, value 1s.; 1 trinket-box, value 1s.; 1 breast-pin, value 2s.; 3 yards of ribbon, value 1s. 6d.; and 1 pair of ear-rings, value 8s.; the goods of William Colson.
ELIZABETH COLSON . I am the wife of William Colson, and live at No. 7, Barnsbury-row, Islington. I do not live with my husband—the prisoner came to lodge with me a fortnight ago on Monday, saying she was out of place—in consequence of missing articles on my premises, I asked to see her box, which was corded—she uncorded it for me, and I found in it a boa, a shift, and night gown belonging to me—I sent for a policeman—the prisoner had a bonnet-box, which was afterwards searched, and in that I found a collar—I had missed some ear-rings, which I have since seen in possession of Liddle, the policeman—I also missed a gold pin, some ribbon, and a small box—I had not given any of the articles to her—they are worth 1l. altogether—the shift and bed-gown were taken out of my drawer, which was kept locked—she represented herself as a servant—I had lent her the boa once.
JOSEPH LIDDLE (police-constable N 270.) I produce a collar, two drops, and a snap—I found the collar in the prisoner's band-box, and the ear-rings I found on the witness Elizabeth Saunders, at No. 4, Charles-court, Strand.
ELIZABETH SAUNDERS . I know these ear-rings—(looking at them)—the prisoner gave them to me—I went into a public-house, and sat down by the side of her, and she gave them to me, saying she had found them in the street—I kept them till Tuesday night, when I was taken into custody—I had gone into the public-house to look for a young man who I live with, and was talking with her—I had seen her once before.
Q. Why should she give you the ear-rings? A. I do not know—I never saw her but once before, and she walked to Westminster with me—I met
her in a public-house in Leicester-square—it was about three weeks ago—I first saw her in Castle-street, Leicester-square, and we spoke to one another.
ELIZABETH COLSON re-examined. These are all my property—the pin, ear-rings, box, ribbon, collar, night-gown, shift, and boa—I took the prisoner to be a servant out of place, and thought her respectable—she had lived with a lady in Pulteney-terrace, I understood; and she had lived before with Mr. Snee, in Cloudesley-square—she wag to pay me 1s. 6d. a week, but she had not paid me any thing, as she had no money.
Prisoner's Defence. I was going to return the things to her when I returned the aprons and caps.
GUILTY Aged 18.— Confined One Month.
THOMAS BRASHER . I am a broker, and live at No. 10, Marshall-street, St. James's. On the 14th of February I missed about a yard and a quarter of floor-cloth from my shop, between five and six o'clock—I had seen Watts and Allen near my shop—I had Allen taken into custody, and asked him what he had done with the floor-cloth—he denied it at first, and afterwards said, if he told the truth, it would be better for him—I told him I had a witness who saw him take it.
Anderson. Q. Did you see me with the Other prisoners? A. I did not myself.
WILLIAM THOMAS ERSSER . I am a japanner, and live in Marshall-street. On the 14th of February, between five and six o'clock in the evening, I saw all the prisoners in company together, with some more, coming down Marshall-street, running from Mr. Brasher's shop—Allen had the floor-cloth on his shoulder—he left it at the gateway of Mr. Hawkins a short time, where they stopped for a few minutes—I went and told Mr. Brasher, and when he came with me they were gone—I am certain Anderson was one of them—I saw them not above fifty yards from the prosecutor's—they were all together—Anderson turned round when the floorcloth was put in the gateway, and pretended to be playing with some children there, but I am certain he was with them.
ABRAHAM EMANUEL . I am assistant to my father, and live at No. 9, Gee's-court, Oxford-street On the evening of the 14th of February, Allen came to my shop with a piece of oil-cloth—I asked him why his father did not come with it—he said his father was laid up with the gout, and was obliged to part with it from want—he gave his father's name and address—I gave the oil-cloth to the policeman—it is not worth above 2s.—I gave 15s. for it—I believed his story to be true—he gave a correct name and address.
GEORGE DAVIES (police-constable C 33.) I got information from Allan, at the station-house, that he had sold the floor-cloth in Gee's-court—I went to Emanuel's, who said he had sold it again, and he went and fetched it.
(Property produced and sworn to)
Allen's Defence. It was not me who took it—it was a boy took it, and gave it to me to sell.
Watts's Defence. I had nothing to do with it.
Anderson's Defence. I had nothing to do with the property myself.
ALLEN*— GUILTY . Aged 12.— Confined Twelve Months.
WATTS— GUILTY . Aged 17.— Confined Three Months.
ANDERSON*— GUILTY . Aged 18.— Confined Twelve Months.
WILLIAM GOODYERE . I keep the Talbot public-house, in Little Chester-street, Pimlico. The prisoner was about six months in my service, and it was his duty to account to me or my son for money he received—I have not received 4s. 8d. due from Thomas Way, for two weeks' beer, nor 2s. 4d.; nor have I received 6s. 1d. from John Roberts—the prisoner never accounted to me as having received those sums.
THOMAS WAY . I live at No. 27, Chester-street, Pimlico, and am servant to Mr. Lambton. I have been in the habit of having beer from the prisoner on my own account—I paid him 4s. 8d. for two weeks' beer, and afterwards, 2s. 4d. more, on Mr. Goodyer's account.
JOHN ROBERTS . I am servant to the Rev. Thomas Fuller, of Eaton-place, Eaton-square. I have beer from the prosecutor—I paid the prisoner 6s. 1d. on the 19th, for beer—it was beer for the house, not for myself only.
GUILTY . Aged 32.— Confined Six Months.
EDWARD ABBOTT . I am an oilman, and live in St. Martin's-lane. The prisoner was my shopman, and had 30l. a year, with board and lodging—on Friday, the 23rd of February, I took eight shillings and four sixpences to Mr. Handford, in the Strand, who marked them, in my presence, with a file, on the edge—it was done with a view to try the honesty of my servant—he was to lay it out at my shop—I went to dinner at half-past one o'clock, leaving the prisoner in the shop to serve—at two o'clock I sent him up stairs, and looked into the till—there was 3s. 6d. which I had left in it, previous to my going to dinner, and 6s. 6d. in addition—the 6s. 6d. was marked—I then went to Mr. Handford, to know what he had spent of the 10s.—he said he had given the prisoner eight shillings and two sixpences—I then took an officer, and took him into the dining-room, on the same floor as the kitchen, where the prisoner was at dinner, and called him in—the officer requested him to turn out his money—he put down 15s. on the table—I selected from it two shillings and a sixpence, which was marked in the manner in which Mr. Handford and myself had done it in the morning, and I can swear to it.
Q. Are you able to say there was a deficiency in the till, from what the prisoner, in the course of business, would have received? A. Yes—I had left
3s. 6d., and 11d. in halfpence, in the till—I put it down in my day-book, because I would not trust to my memory—the sum in the till ought to have been increased by 9s., which Mr. Handford laid out—I found exactly 10s. in the till, 6s. 6d. of which was marked—there ought to have been 12s. 6d.—there was 2s. 6d. deficient, and that was found amongst the 15s. 6d. the prisoner produced—I produced a bill of parcels to him, which he had given to Mr. Handford—he then saw the thing was, to clear he could deny it no longer, and he fell down on his knees, and implored pardon, saying it was the first time" he had ever robbed me—he at first said that he had taken no money, but had given change to a woman for half a crown, but there was no half-crown in the till; and if he had done so, that would not account for it; there would still be 2s. 6d. deficient—I believe it was only in his confusion that he said so.
Cross-examined by MR. DOANE. Q. Do you deal in kitchen-stuff? A. I do—I do not know how much I had then, nor how much I have now—the prisoner had not given me notice to quit—I did not consider it so—he had used some very improper language over night, but I consider he was in liquor, or he would not have behaved in that manner—he did not give me notice to quit in a regular way—he did in an irregular way—he had only been nine days in my service—he at first said he had not robbed me, he had only changed half a crown—there was a half-crown among the money found on him.
THOMAS HANDFORD . I am a trunk-maker. On the 23rd of February I marked eight shillings, and four sixpences, in the presence of Mr. Abbott—I afterwards went to his shop, and purchased four brushes, for which I paid eight shillings and two sixpences, and had 4d. change—the prisoner served me—I paid him the marked silver, which he put into the till—he gave me this bill of parcels—(looking at one.)
Cross-examined. Q. Was the money yours? A. No, Mr. Abbott's—he brought it down to me in the morning, about ten o'clock—I did not give him any other money for it.
JOHN MILLS . I am a policeman. The prisoner was given into my custody, charged with robbing the till—he pulled out from his fob 15s. 6d.—Mr. Abbott selected two shillings and a sixpence, which were marked—the prisoner then went on his knees, and begged Mr. Abbott's pardon, saying it was the first time he had ever done it, and he hoped he would forgive him.
MR. ABBOTT re-examined. I know the marks on the money—(looking at it)—I am quite sure of them—Mr. Handford marked them in my presence.
MR. HANDFORD re-examined. (Looting at the coins)—this is not one of the shillings—this is one, and this is the sixpence.
MR. DOANE. Q. But the shilling Mr. Abbott thought was one is not one? A. Mine were marked over the crown—I can only identify two of the coins as having been marked by me—this one I never saw before.
(MR. DOANE, on the prisoner's behalf, stated that a woman had come to the shop, and sold 20lbs. weight of kitchen-stuff, and not being near the till, he had paid her from his own pocket, and subsequently repaid himself from the till.)
MR. ABBOTT re-examined. Q. Had the money been produced when he said he had changed the half-crown? A. I think not—he produced 15s. 6d.; and while he was in the act of taking the money out of his pocket he
said he had stolen nothing, he had only given change for half a crown—I said, "What have you done with the money you have taken while I was at dinner"—he said, "I have taken no money," and then he said, "I have taken no money except having given a woman change for half a crown"—I said, "There is no half-crown in the till at all, you can't have changed one "—there was no increase of my stock of kitchen-stuff that day, while I was absent—I have not a cask up stairs that will hold 10lbs.—I will answer for it there was none bought at all.
(The prisoner received a good character.)
GUILTY . Aged 22.—Recommended to mercy.— Confined One Month.
782. THOMAS APPLEBY was indicted for stealing, on the 22nd of December, 3 pairs of trowsers, value 10s.; 5 waistcoats, value 7s.; 1 hat, value 8s.; 1 shirt, value 1s. 6d.; 1 handkerchief, value 6d.; 1 jacket, value 5s.; 7 shillings, 2 sixpences, and 3 1/4 d. in copper monies; the goods and monies of Joseph Thomas Rolfe.
JOSEPH THOMAS ROLFE . I am servant to Mr. Shade, music-seller, Soho-square. I lodged in Hart-street, Grosvenor-square, at the time in question—I had a box in my room, containing my clothes—I missed from it a waistcoat, two pairs of black trowsers, a pair of corduroy trowsers, a handkerchief, and some copper and silver money—I went out, at seven o'clock in the morning, and I did not return till eight o'clock in the evening, when Mr. Neal gave me information—I found a pair of trowsers at Mr. Learey's in Thomas-street, and a hat—I gave the prisoner in charge, owing to what I had heard—he did not lodge there.
THOMAS HARRISON . I am a policeman. The prisoner was given into my custody by Rolfe—the prisoner said to him, "Joe, don't give me in charge, I can't get all the things back again, but I will get the money of my mother, and pay for them."
Prisoner. I said no such thing—I said as the things were lost in my mother's place, she would make them good.
PETER LEARY . I live in Thomas-street, Oxford-street, and am a tailor. My mother keeps a clothes shop—the prisoner came to our shop on Friday before Christmas-day, and sold my mother two pairs of cloth and one pair of white drill trowsers, and four waistcoats-about three weeks after the prosecutor came and told us of the robbery, and we showed him one pair of the cloth trowsers—he said they were his-my mother offered them to him for what she had given, but he said they were of no value to him—he did not call again till lately, and we have sold the trowsers to another person—they were all patched-we had sold the other things before he came—I gave the prisoner 18d. for the things—he offered a hat for sale at the same time.
Prisoner. They were my own things-one was a waistcoat, which I have on now—I purchased it back with a jacket. Witness. I know nothing of his buying any thing back.
WILLIAM FANCOURT . I am pot-boy at the Carpenter's Arms, in Thomas-street, Oxford-street. On the Friday before Christmas, the prisoner came there with a hat on, which he said he wanted to sell—I gave him 4s. for it—he said he gave 7s. for it in Oxford-street, but it was too big for him.
—I saw the pair of trowsers at Leary's, which were taken from the box—I missed them on the 22nd of December.
Prisoner. I bought the hat of a Jew, in Oxford-street. Witness. I am sure it is the same hat—I have no particular mark on it, but having worn it—I knew the trowsers by the mending-Leary offered me them for what they gave for them, but I thought I would not buy my own property back again.
Prisoner's Defence. I have no more to say, but it is my hat—I bought it in South Audley-street, on Saturday evening, after I had been at work at the Earl of Clarendon's, beating carpets.
GUILTY . Aged 19.— Confined Six Months.
RICHARD PAYNE HUTCHINGS . I keep the Coach and Horses public-house, in Welbeck-street. On the afternoon of the 18th of February the prisoner came to my bar and asked for half a pint of porter on credit—I would not serve him, and just previous to that I had put two bottles of wine on a shelf by the bar—I turned to the bar-parlour, by the fire, and returned in about five minutes, and missed a bottle of wine, the prisoner was gone from the house-about twenty minutes after, I saw him at the corner of the mews, where my house is, and accused him of it—he denied it, and abused me very much—I went to a stable just by, where I knew he was in the habit of going, and in the second stall of the stable I found part of my bottle of wine—I got a witness, and went into the harness-room to see if anybody came to take it, and in about twenty minutes the prisoner came to the stall and took the wine—I seized him, and said, "Then I have got you at last?"—he said, "Yes"—it was red wine in the bottle, the same as I had lost—the flavour was the same as mine, and the mark on the bottle was the same as the other-nobody but him could have taken it, as it was gone momentarily.
Prisoner. I did not say I had taken it at all. Witness. He said he had been drinking or he should not have done it.
Prisoner's Defence. I had been in the house on Sunday morning at service time, and drank more than I should; and between the morning and afternoon services, I went out to assist the groom, and went to lay down there—the groom pushed me out of the stable, and if I had had a bottle he would have broken it—I then went to another stable where many people go-the door was always open—I went to lie down there in the stall, and the wine laid there—I laid down on it I did not know whether it was wine or beer—I was in the act of drawing out the cork, but I did not do it.
GUILTY . Aged 50.— Confined One Month.
NEW COURT.—Friday, March 2nd, 1838.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 15.— Confined Two Days.
785. JOSEPH GARDNER was indicted for embezzling, on the 3rd of February, 20l., received by him by virtue of his employment as servant to and on account of William Pilon, his master; to which he pleaded
GUILTY . Aged 16.— Confined One Year.
GUILTY . Aged 15.— Confined Three Months.
GUILTY . Aged 23.— Confined Three Months.
EDWARD HENRY OVERETT . I am shopman to Thomas Boyce, of Seymour-place, Marylebone. On the evening of the 10th of February I was called by a girl—I went out, and saw the prisoner with a waistcoat on him—I pursued him—he ran, but I overtook him with the waiscoat on him—this is my master's waistcoat-(producing it) Prisoner. Did you not come up to me, and accuse me of stealing a waistcoat—I said-"What have I stolen?"-another young man came up, you looked about, and said, "There is the waistcoat," and left me to the other man-you found the waistcoat on the pavement. Witness. It was thrown behind you when I came up.
HENRY APTED . I live at No. 9, Richmond-street, Maida-hill, and am a bricklayer. On this Saturday evening I heard a girl cry out, and saw the prisoner going towards Crawford-street—I saw Overett run after him, and I ran after him—when I came up, the prisoner had the waistcoat between his legs, and he threw it behind him.
Prisoner's Defence. I was going along, the man came and accused me of stealing the waistcoat, and he picked it up off the pavement—there were more persons there beside me.
GUILTY . Aged 18.— Confined Six Months.
789. JOHN CHARLES BROWN was indicted for stealing, on the 2nd of February, 1 gelding, price 30l.; 1 cart, value 15l.; 1 set of harness, value 5l.; and 350lbs. weight of cotton wool, value 20l.; the goods and property of John Plummer the younger, and another; and that he had been before convicted of felony.
was there with four others—I saw him with a truck—I have since seen a horse and cart—it is the same I saw before—it is Mr. Plummer's, and is the one I saw the prisoner with.
CHARLES RAWLINS (police-constable G 93.) I was on duty in St. John-street-road on the 2nd of February, and saw the horse and cart draw up, and a truck close to it-a truss was rolled out of the cart into the truck.
JOHN PLUMMER, JUN . I am the son of John Plummer. I am of the firm of John Wilson and John Plummer, cotton manufacturers, No. 60, Great Tower-street-we had 350lbs. of cotton in a cart our door—the two bales which are outside the Court were in the cart at our door, and while the man was gone to get a man to help him to get them out, the cart and wool were drawn away—it was at our door about half-past five o'clock—the value of the gelding is 30l., the cart 15l., the harness 5l., and the cotton wool 20l. the policeman brought the horse, and cart, and harness to our house the same evening—I saw the cotton at the station-house—I do not know who took it.
JOHN BURLEY (police-sergeant G 50.) I was in St. John-street-road on the 2nd of February—I saw a cart and horse standing near Sadler's Wells—it had J. Plummer on it—there was no cotton in it at all—I do not know the prisoner—he was not there—I took the hone and cart to the owner.
CHARLES RAWLINS re-examined. I apprehended the prisoner for stealing the truck—he had one bale of cotton which was rolled out of the cart into the truck—I took him with it—it was half-past seven o'clock—I showed the cotton to the prosecutor.
Prisoner's Defence. I was coming down St. John-street-road, looking after some work—I saw two men in the cart, and one at the side of the truck—I was coming by—they asked me to help them to get the bales into the truck—I did so, and got one bale into the truck, and we took it up Rawstorne-place, and put it in there—I went and took the other one in the truck-we went on to the corner of Rawstome-place, and they said, "Stop and have a drop of beer"—the officer came and took me instead of the rest—they ran off. Witness. I took the prisoner, who was drawing the truck—he did not tell me, till he got to the station, that others had employed him—he ran off as soon as he saw me, and turned round to strike me.
GUILTY . Aged 18.— Transported for Fourteen Years.
(There was another indictment against the prisoner.)
WILLIAM HARVEY . I am carter to George Thackrah, Esq. On the evening of the 7th of February I left his tools at the stoke-hole door of his green-house—these are the things-(looking at them)—I did not miss them till after the watchman found them.
JOSIAH FREWIN . I am a watchman of Mr. Thackrah's premises, at Feltham. At ten minutes past six o'clock, on the 7th of February, I stopped the prisoner, with these things on him—he said he found them—I
had seen him go on Mr. Thackrah's premises, and go away with the tools upon him.
GUILTY . Aged 14.— Confined Three Months.
ELIZABETH BUTCHER . I am a widow, and live at No. 5, Charles court, Strand. I am one of the nurses of Charing-cross Hospital—the prisoner is my son—on the 3rd of February I left him in charge of my room—in the evening I came home, and missed a wine-glass and shirt—I have since seen them—these are them—(looking at them)—I have two more children.
GUILTY . Aged 14.— Transported for Seven Years.
(There was another indictment against the prisoner.)
792. JOHN HUMPHREYS was indicted for feloniously receiving, of a certain evil-disposed person, on the 31st of January, 2 feet 4 inches of iron pipe, value 2s.; and 1 metal cock, value 3s.; the goods of Michael Case, which had been lately before stolen; well knowing them to have been stolen.
MICHAEL CASE . This cock and pipe were stolen from premises belonging to me, at No. 18, Club-row, Bethnal-green—I believe I lost them in the month of December—I have compared the pipe, and find the bend in the pipe exactly corresponds with what was lost—three tenants lived in this house—none of them are here—I am not positive whether I lost it in November or December—I did not put the day of the month down—I am sure it was one of those two months.
Cross-examined by MR. PHILLIPS. Q. When will you undertake to say you saw this pipe safe on the premises? A. I should say in the middle of November—I saw it again, when it was brought to my house, at the beginning of February—I do not mean positively to swear to it—the pipe and cock are worth 5s. or 6s., I should think—I call this iron pipe—it is a water pipe.
COURT. Q. It has a bend in it? A. Yes—it came in a sloping position from the wall, and we compared it with the leaden pipe—it exactly corresponded, but I will not swear to it—there was no particular mark on it.
JAMES COOK (police-sergeant H 7.) I went to the prisoner's house on the 31st of January, and found this iron pipe and cock (producing them) in the shop—he is a marine-store dealer—I asked him to show me in his book the entry of it—he said he had no book—in consequence of finding about 250lbs. of sheet lead, and other things, I took him to the station-house, with the property—I did not ask him how he came by the cock.
NOT GUILTY .
Fifth Jury, before Mr. Sergeant Arabia.
WILLIAM THOMAS ELDER . I hold a public appointment in the Ordnance—my country house is at Norwood, in Surrey. The prisoner lived in my service, as gardener—he came on the 3rd of August, and left in September, in consequence of my discharging him for theft—on the morning of the 9th of January my house was broken open land entered, and a variety of articles stolen, among which was this carpet bag—I am certain it is mine—(looking at it)—some of the articles I lost were plate.
ELIZABETH ROWLAND . I am housekeeper to Mr. Elder, and lived at his country house, when the prisoner lived there as gardener. I emptied this bag (looking at it) on the over night, and left it on my kitchen table, on the 9th of January—the house was broken open in the night, and this bag taken—we missed one plated spoon, three forks, with my master's crest on them—on the morning after the robbery I found a hank, or twist of silk, on the kitchen floor—it was not there when I went to bed—I had seen it before in the prisoner's possession, and my master's coat had been mended with it—I had seen the prisoner use it three times to mend the coat.
JOHN OSBORN KNOTT (police-constable N 78.) On Monday night, the 22nd of January, I was on duty at Stamford-hill, and met the prisoner with a bag—I stopped him, and asked what it contained—he said, "Fowls" I asked him as to his possession of them—he. said he bought them at Tottenham, of a farmer of the name of Jones—this is the bag he had with him—(producing one)—be gave the name of Thomas Jones.
Prisoner. I had a bag that night, because a man lent it me to bring home the fowls.
Prisoner's Defence. The carpet bag I do not know any thing about—but the man Jones, that I bought the ten fowls of, lent it me, at half-past five o'clock in the evening—I gave no such name as Thomas Jones—I said the man I bought the poultry of was Jones—I never denied my name—my name is Griffiths—I have every reason to believe the man gave me a wrong address—I never was a thief.
GUILTY . Aged 39.— Transported for Seven Years.
(There was another indictment against the prisoner.)
794. JOHN CLARKE was indicted for stealing, on the 13th of February, 40 hammer-handles, value 7s.; 8 hammers, value 14s.; 4 screwplates, value 8s.; 12 pieces of wood, value 3s.; 2 pieces of iron hooping, value 6d.; 1 piece of steel, value 6d.; and 5 chisels, value 3s.; the goods of Hugh M'Intosh.
MR. CLARKSON conducted the Prosecution.
JOHN PASCOE (police-sergeant T 19.) On Tuesday, the 13th of February, at half-past ten o'clock at night, I was in the parish of Ealing—I know the road in front of some houses—the prisoner occupied one of them—I observed a van opposite the prisoner's house—there were some goods in it—it was loading—I did not see any articles put in it—I saw
some hammer-handles in the van, and asked the prisoner, who was there, where he got them from—he said, "From Mr. M'Intosh's works"—I knew the prosecutor well, and knew that the prisoner worked for him—I asked if it was all right—he said, "Yes"—I went to Mr. M'Ewen, the agent of Mr. M'Intosh, and from what I heard from him, I returned to the prisoner again, and searched the van, and found in it a variety of tools—I found forty hammer-handles, eight hammers, twelve pieces of wood, four screw-plates, five coal-chisels, a piece of steel, and two pieces of iron hoop—I took the prisoner to the station-house—these are the articles—(producing them.)
Cross-examined by MR. PAYNE. Q. Was Mr. M'Ewen examined before the Magistrate? A. Yes—the prisoner told me directly that he got these hammer-handles from the works.
JOHN M'INNIS . I am one of the superintendents of Mr. M'Intoch. It is his custom to find all the tools used on the rail-way, especially blacksmith's tools—the prisoner, who was a smith in his employ, could have not necessity to take these things—Mr. M'Intosh's name is Hugh—it is not the duty of the prisoner, or any one else, to take tools off the premises—Mr. M'Ewen is a superintendent of Mr. M'Intosh's, but he is ill—he was before the Magistrate—Mr. M'Intosh has a great quantity of timber—I have looked at the wood of these hammer-handles—in my judgment they are of the same wood as that on Mr. M'Intosh's premises—there are such articles as these screw-plates in the possession of Mr. M'Intosh—we very seldom make use of coal-chisels, but I believe these to be his property—Mr. M'Intosh had iron-hooping there.
Cross-examined. Q. Do I understand that you know any of these things by any marks? A. They are not marked—as far as my judgment goes these are his—the prisoner was in Mr. M'Intosh's employ for twelve months—he was discharged on the Saturday before this—we had no further employ for him—I believe he lived at this house at Ealing—we did not want him—I do not swear to any of these things, only as far as my judgment goes—I know what are called jaggers—they use pieces of wood at certain times—it is not permitted for men to take wood off the premises—none get off that I know of—these pieces of iron hoops are worth 6d. and the coal chisels 4s.—I do not say that the prisoner might not have hammers and chisels of his own, but it is our rule to find tools for all the hands.
MR. CLARKSON. Q. Had the prisoner any authority, or was it the custom of Mr. M'Intosh to suffer any hands to take tools from the work? A. No, certainly not—I did not know that he had these things when he went away on that Saturday-night. (The deposition made by M'Ewen was read here.)
"MR. M'EWEN. I live at Ealing, and am agent for Mr. M'lntosh. The prisoner has been working as blacksmith—he was discharged on Saturday—the prisoner was removing his goods—I went with the officer, and found this property—he said the wood he took from the works, but the tools went his own property, but I believe they are Mr. M'Intosh's."
MR. PAYNE called DANIEL REDDEN. I removed the prisoner's goods from Ealing—I removed goods for the prisoner when he went to Ealing—there were tools among his things—I cannot say whether there were hammers and chisels, but I took tools down.
MR. CLARKSON. Q. Did you bring down any pieces of wood? A. Yes, but not of this description—(looking at the wood produced)—I hardly know what a screw-plate is—I do not know what a coal chisel is—I know what a hammer is—I did not reckon how many hammers I brought down—I did not take forty hammer handles.
(The prisoner received a good character.)
GUILTY . Aged 34.— Confined Two Months.
HENRY SHUTE . I am waiter to Martin Sanderson; he keeps the Boar and Castle, in Oxford-street, near Tottenham Court-road. The prisoner came there on the 6th of February—he was quite a stranger—he asked for a glass of cold gin and water—I gave it him—he asked for sugar, lemon, and a tea-spoon—I served him with that—I had some suspicion all was not right, and I waited outside the door till he left the room—he came into the passage, and bid me good night—I ran to the table, and found this metal spoon which I now produce, in the glass, in place of the silver one—I ran after him, but lost all sight of him—I am sure of his person.
Cross-examined by MR. PAYNE. Q. What makes you sure of him? A. I know he is the person—he called for a lemon, and sugar, and a spoon—it is not unusual for people to have lemon and sugar with gin and water to make cobbler's punch of it—I ran after the prisoner, but could not find him—this was on Tuesday evening, about eight o'clock, and I saw him again on Friday morning.
MR. PAYNE called
SARAH WHITE . I know the prisoner's house, at No. 51, Bermondsey-road—I remember hearing of his being taken into custody about a spoon, on the Friday—I went to his house on Tuesday the 6th of February, between four and five o'clock, and remained there till ten o'clock at night—the prisoner was there all the time with William Hudson and Elizabeth Horley—I had tea there.
COURT. Q. What is your occupation? A. Service—I am out of place at present, but I expect to go to a place next week—Mrs. Horley is a lodger of the prisoner's—she takes in washing—I have known the prisoner these four years—he was at Mr. Whitehead's four years back—I got acquainted with his wife four years ago—I have lived in Albany-street with Mr. Savignie—I have been out of place since, but have had employment in needlework—I know the prisoner's wife exceedingly well—I went to tea there—we were talking, and the children together—I did not go away before supper—we had bread, and cheese, and beer—it is a beer-shop—William Hudson and Elizabeth Horley supped with us—upon my solemn oath, the prisoner was not out—he drew the beer—I am looking for a place, and in expectation of going into one next week.
ELIZABETH HORLEY . I lodge at the prisoner's beer-shop, and have done so for three months. My husband is William Horley—I remember the week in which the prisoner was taken into custody—I think he was taken last
Thursday fortnight—before that, I remember Sarah White coming to drink tea—it was on the 6th of February—I think that was the Tuesday week before he was taken—I remember Sarah White being there—I remember having tea—I saw the prisoner there—he was in and out, from the tea-room to the beer-shop, several times, serving his customers—I was in his room from about five o'clock till half-past nine—he was there during that time.
COURT. Q. Of course they did not put you into the tap-room? A. No, in a parlour—we had tea very comfortably, about five o'clock, or a little after—the customers sat in the front room—his wife attended on us—the prisoner was waiting on the customers—he was in and out during the whole time—we waited on ourselves—we had nothing but tea during the time that I was there—the prisoner might be two or three minutes out of the shop—I cannot say—this beer-shop is in Bermondsey New-road—he was not out for half an hour—he could not have been for an hour—it might have been half an hour—I do not know how many half hours he might be absent.
MR. PAYNE. Q. You left at half past nine o'clock? A. Yes—I had nothing but tea.
NOT GUILTY .
ESTHER HUMPHREYS . I am bar-maid to Mr. Richard Higgins—he keeps a tavern at No. 264, Oxford-street, near North Audley-street. The prisoner came to our house on Tuesday evening the 6th of February, about half-past eight o'clock—I am sure it was that evening—he called for a glass of gin and water—I took it to him, and took a German silver spoon with it—in about five minutes he came out of the room and bid me good night—I went in to take the glass away, and a metal spoon was put in the place of my master's German silver one—the prisoner came again about a quarter to nine o'clock on the 8th of February—I was told he was the same man that had been on the Tuesday—he asked for some soup—he did not call for any particular sort—I told him we had none—he called for a mutton chop and mashed potatoes—I served him—he rang the bell, and asked for another chop, and paid for what he had before he had the second chop—I left with him the tray and a silver table-spoon, which was my master's property—it is worth about 15s.—I left that with the first chop—he paid me 1s. 10d., and said he was in a hurry—I then saw the spoon was changed, and a metal spoon put on the table in place of my master's—I went and told my master—my master's son came into the room and accused him of it—he rose up, and the silver spoon fell from his wrist—I am sure of that—the metal spoon was on the table—there was no metal spoon there before—I saw the silver spoon fall by his feet—I saw my mistress pick it up—this is it, and this is the metal spoon—(looking at them)—I sent for an officer—he came, and took him in the coffee-room.
Cross-examined by MR. PAYNE. Q. Who took that metal spoon off the
table? A. I do not know—I did not—I went and fetched my young master.
CHARLES EDWARD HIGGINS . I am the prosecutor's son. The prisoner was at my father's house on the 8th of February—I am certain of his person—I went into the room, as a gentleman had given us notice he was the same person that had been in the room on Tuesday—that gave us warning, and we marked the silver spoon that went in—this is the spoon—(looking at it)—there was no metal spoon on the tray—my father had no metal spoon of this description—the prisoner said nothing when I accused him of it—he got up, put his hand behind him, and this silver spoon dropped from him.
MR. PAYNE. Q. Did you say one word before the Magistrate of your taking a metal spoon off the table, that was not your father's? A. I did—my deposition was read over to me, and I signed it—I did not tell them they had left that out—I did not notice it.
GUILTY . Aged 28.— Transported for Seven Years.
(The witnesses Sarah White and Elizabeth Horley were committed, by order of the Court.)
797. GEORGE HOWARD and JAMES MURRELL were indicted for stealing, on the 14th of February, 24lbs. weight of lead, value 5s., the goods of Thomas Bayman; and then being fixed to a building; against the Statute, &c.
JAMES SMITH . I am a baker, living at Old Ford, in the parish of Bow. About twelve o'clock on Wednesday, the 14th of February, I was putting on my coat in the bed-room, and saw the prisoners' hands over the roof of the prosecutor's house—I watched them, and saw them drag a sack over—I ran down, got assistance, went into the field which they went into, and took them with the lead in the sack—I sent for the policeman—I asked them who cut the lead—Howard said two pieces had been cut, and two they cut—I asked for theknife, and he produced a glazier's knife—I asked what induced them to go there—they said they came by the preceding day, and saw two boys up there, and they went that day to see what they had been about.
THOMAS BAYMAN . This house is mine—it is at Old Ford—this lead was fixed on the roof of my house—they took all the lead—I expect I have lost 2 1/4 cwt. of lead—this is part of the gutters—(looking at it)—it was a fixed gutter.
HOWARD*— GUILTY . Aged 14.
MURRELL*— GUILTY . Aged 14.
Transported for Seven Years.
CHARLES NORTHFIELD . I am an ironmonger, and live in the Hackney-road. The prisoner was three days in my employ as errand-boy—on the 27th of July, 1836, I sent him with some articles of ironmongery to my customers—he was intrusted to receive money on my account—he had a bill, and was to receive the money—I sent some goods to Mrs. Stock, and he was to go to another person for a debt—I gave the prisoner the bills, both receipted, and he was to bring back the money to me—I sent the goods in a truck—I think it was before dinner—the truck was returned by another boy, about three hours after he went—I never saw the prisoner again till he was at the office, about twenty months after—he was only three days with me—I never received any part of the money.
ANN STOCK . I bought some ironmongery of the prosecutor in July, 1836—I cannot swear whether the prisoner brought them—I gave the money to the lad who brought them, whom I believe to be the prisoner—this is the bill he gave me—(read)—"Mrs. Stock—Bought of Charles Northfield, a stove, and other goods,£2 1s.—Received, Charles Northfield."
Prisoner's Defence. I never received the money for the bill, and never put the name on the bill, as I cannot write—my master knows I cannot.
GUILTY . Aged 18.— Confined Six Months.
OLD COURT.—Saturday, March 3rd, 1838.
Second Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 17.— Confined Six Months.
GUILTY .— Confined Three Months.
801. ANN JONES was indicted for stealing, on the 28th of October, 2 gowns, value 1l. 8s.; 1 cloak, value 5s.; 1 shift, value 2s.; 2 night-gowns, value 2s.; and 1 table-cloth, value 5s.; the goods of Frederick Hatton ; to which she pleaded
GUILTY . Aged 37.— Transported for Seven Years.
GUILTY . Aged 15.— Confined Six Months.
GUILTY .— Confined Three Months.
GUILTY .— Transported for Seven Years.
GUILTY . Aged 23.— Confined Three Months.
Before Mr. Baron Parke.
( The prisoner proposed pleading guilty, but appearing not to be of sound mind, upon the evidence of Mr. M'Murdo, surgeon of the Gaol, he was found to be of unsound mind.)
Before Mr. Baron Parke.
807. THOMAS BAILEY was indicted for feloniously receiving, of an evil-disposed person, on the 27th of January, 33lbs. weight of silk, value 40l., the goods of Edward Fellowes, well knowing it to have been stolen; against the Statute, &c.
MR. SERGEANT ANDREWS and MR. CHAMBERS conducted the Prosecution.
WILLIAM FISHER . I am warehouseman to Mr. Edward Fellowes, and have been so fourteen years. It is my duty to attend at his place of business in Broad-street every day—I go at nine o'clock in the morning, and we close about six o'clock in the evening—the warehouse is in that story of the house where the kitchen usually is—the counting-house is on the ground floor, and the warehouse is underneath that—it was formerly a kitchen—you go down stairs to it—there is a door leading to it which opens immediately behind the street or passage door of the house—it is a strong door, secured by a strong lock—on going through that door, and going down stairs, you come to another door, secured by two strong locks,
and lined with iron—it is the duty of the porter, at night, to fasten up that warehouse, and he gives the keys to me—I usually go down myself, and put the gas out, and see the warehouse secure—he fastens the door.
Q. Are you able to say whether on the 15th, the day of the robbery, you were in the warehouse? A. Yes—I saw every thing perfectly safe about half-past five o'clock—we had some Italian tram silk, some called "organzine," and some called "cad man"—I received the keys from the porter in the ordinary manner, at the close of the day, and put two of them into my desk, in the counting-house, and that of the top lock, belonging to the bottom door, I put into my pocket—the porter does not live in the house, nor do I—I went home, and, about eight o'clock the same evening I heard of the robbery, and went to the warehouse—when I arrived I first saw the housekeeper, who is a man—he is not one of Mr. Fellowes's servants—the house is not entirely occupied by Mr. Fellowes—the upper part is let off—the street door is the common entrance to Mr. Fellowes and the other parties—the street door is closed when we leave the premises—on seeing the housekeeper I went down to the warehouse—I found the top door open—I proceeded down to the bottom door—I found the top door had been opened by a skeleton key, and in the top lock of the bottom door I found a skeleton key—no violence had been used to the bottom door—in my judgment, both doors had been opened by skeleton keys—I examined the warehouse, and missed about 540lbs. weight of silk, worth from 750l. to 800l.—there was a quantity of each of the three sorts taken, about 3 cwt. of Italian tram, 140lbs. of organzine, and better than 1 cwt. of cadman—I am accustomed to silk—it was bound up in the usual manner, when in our warehouse, as it comes from the throwsters in England—we made the warehouse secure, and left for the night.
Q. Was your porter there when you went at eight o'clock? A. He lived at some distance, and after being there a short time I sent for him—I employed myself, during the rest of the night, in ascertaining the extent of the loss, and in giving information of the robbery.
RICHARDSON. I have been porter to Mr. Fellowes about six years. I was in the warehouse on the 15th of January, until about a quarter to six o'clock—I left every thing safe—I put the keys on the mantelshelf in the counting-house—Mr. Fisher was not within then—he came in in about five minutes—I left about six o'clock, leaving every thing safe—I afterwards assisted Fisher in ascertaining the deficiency—his account is correct.
WILLIAM GILBERT . I am a silk-manufacturer, and live at No. 6, Fort-street, Spitalfields. I have known the prisoner for six or seven years—I have known him as a kind of agent, to sell silk about at different parts, and for different people—he did not keep a warehouse, that I know of—I do not think he did—I do not know where he lived—I only knew him by going about the trade—on the 27th of January he came to me about twelve o'clock in the day—mine is a public warehouse—he showed me two samples of silk, and asked me 25s. for the tram, and 26s. for the organzine—I asked him what weight there was—he said he could not get the tram then, but could get the organzine in the afternoon—he asked me to buy the organzine, and he thought there would be about 32lbs.—I said, "Bailey, is this all right?"—he said, "O yes, I shall not bring any thing but what is right"—he said it belonged to a man who was going to Macclesfield that evening, and wanted the money to go with—he said then that he could
have the tram on Monday, (this was on Saturday,) and I could have it if I thought proper.
Q. When he presented the samples, did he say what quantity there was of each? A. He said there were thirty-two lbs. of the organzine and about fifty-two of the tram, but he could not have the tram before Monday—he said he could bring the organzine in the afternoon—I said I should not be in before half-past three o'clock, and he said he would be there at that time.
Q. Had you heard at that time of Mr. Fellowes's robbery? A. Yes—I had a bill lying on ray desk about it—I said to him, "Bailey, this aynt Fellowes's silk, is it?"—he said, "No, by no means"—he was going out when he mentioned about the 32lbs., and he said, would it matter if there was double the quantity—I said no, I could find the money if it was all right—he then said, "I can cat the cord, and let it into your drawer"—I did not exactly know what that meant, but it gave me some suspicion, particularly as I thought the silk corresponded with that described in the bill on my desk—I had only seen the samples—nothing more passed between us, to my recollection—he said he would meet me at half-past three o'clock, with the silk—I left, and returned at half-past three o'clock, and learnt that he had been there, and left a bag of silk—I did not see the bag before he came in—my daughter, Eliza Farrington, and her husband, keep the house—the prisoner came to his time, at half-past three o'clock—in the meantime I had been to my neighbour Fowler, and showed him the samples, and then went to Mr. Fellowes, and made an arrangement about the officers coming to my house—when the prisoner came in at half-past three o'clock, I said, "Well Mr. Bailey"—he said, "I left the bag in the kitchen"—I said, "Well, fetch it out?"—he did so, and brought it, and put it on the counter, and then two officers came in, took it off the counter, and took the prisoner and the bag—I did not know where the prisoner lived—I heard him give an account of where he lived, but do not recollect the address he gave—I afterwards saw a small quantity of silk produced in a kind of pickle jar—it was Italian organzine—it is like the sample I have, and I think it is the same silk.
Cross-examined by MR. BODKIN. Q. The prisoner would have the opportunity of seeing the bill referring to the robbery, on your desk? A. No, he could not, as my desk is mounted up.
ELIZA FARRINGTON . I keep Mr. Gilbert's house. The prisoner brought a black bag there—my father was not at home then—it was put into the kitchen—I was not in the kitchen when the prisoner came to fetch it out—when he brought it he asked if Mr. Gilbert was at home—I said no, he was not—I asked him if he was going to leave that parcel, which was the black bag he had over his shoulder—he said, "Yes."
THOMAS THEOBALDS . I am a City Marshal. On Saturday, the 27th of January, I went to No. 6, Fort-street, with Herdsfield—I had seen Mr. Gilbert before that—I waited outside the house with Herdsfield—he was in one part of the street and I at an other—there was no other person with us—I saw the prisoner enter Mr. Gilbert's house, and then we followed—Herdsfield entered the moment before, and I followed—the prisoner was by the side of the counter in the warehouse, and there was a black bag on the counter—I asked Mr. Gilbert what the bag contained—he said it was silk which had been offered to him for sale by the prisoner—this was in the prisoner's presence—I asked the prisoner where he got it—he said,
"It is all right; I received it this morning"—I asked him where from—he said, "From Macclesfield"—after some further discussion, he said he had received it by coach—I then asked him where it was delivered, and he said, "To my house"—I then asked him from whom—he evaded that a little, and then said, "From a person named Ridgway"—I asked him then if he had seen Ridgway—he said yes, he had seen him that morning—I then took him into custody—he made no resistance—we took him to the station-house, and there searched him—I found two cards on him with "James Ridgway, No. 3, Foster-lane" on them—the officer has them—I left him at the station-house, and went to No. 57, Grey Eagle-street, to search his premises.
Q. How do you know they were his? A. From Fowler or Gilbert, I think, not from himself—I believe Gilbert and Fowler went there with me—it is a very small house, one story high, and has only four rooms—I saw a woman there—we said we wanted to see Mr. Bailey, and asked her if she had any silk in the house—we told her we had come to search the place—she give us leave at once—Herdsfield and I searched together, and found some silk—while we were making the search, a knock came at the door—it was opened, and a man came in.
Q. Did that man, without being asked the question, state who he was? A. Not till he was asked—his name turned out to be Ridgway, and he was finally taken into custody—we asked him his name, and he said it was Ridgway—nothing between the woman and him had elicited the name of Ridgway—we found some silk in a pickle-jar in a cupboard, and some in a drawer—there was about a pound in the cupboard, and about a pound in the jar—Herdsfield has got it.
Cross-examined. Q. The woman was the prisoner's wife, was she not? A. I understand she was—the front door of the house was shut till Gilbert knocked—the prisoner's wife was dressing a goose on the table when we went in—the jar was in the cupboard by the side of the fire-place, and the cupboard door was open.
Q. Answer this question, yes or no; when Ridgway came in, did the prisoner's wife complain to him? A. Yes.
THOMAS HERDSFIELD . I am an officer of the City. I accompanied Mr. Theobalds to Mr. Gilbert's, on Saturday afternoon the 27th of January—I saw the prisoner enter Gilbert's house—I and Mr. Theobalds went in immediately after, and found the prisoner and Mr. Gilbert there, and there was a black bag on the counter—I did not ask Mr. Gilbert any question, for when I went in I went up to the prisoner—Mr. Theobalds asked the prisoner where he got that parcel from which laid on the counter—the silk was not visible then, it was in a black bag—I put my hand on it—when he was asked about it he said it was all right, that it had come from Macclesfield—he did not say how in my hearing, nor where it had come to—Mr. Theobalds asked him some questions, but I cannot say the exact words, for I told the prisoner he was in my custody, and I took him to the station-house.
Q. Did he mention the man's name from whom he got it? A. I think he did say from a person named Ridgway—on arriving at the station-house I searched him, and found on him this silk in his great coat pocket, (producing it,) and these cards with Ridgway's name and address, another card with a memorandum on it, a knife, and some waste paper—after taking him to the station-house I went to his residence.
Q. How do you know it to be his residence? A. The witness Fowler showed us where it was, and went with us—we found some silk there which I produced—it was loose in a jar, in a cupboard in the room—I found some more silk which does not relate to this case—I also found these two memorandum-books in the house—(one of the memorandum books being referred to, contained several items of silk, from the 3rd of November, 1837, to the 25th of January, 1838, headed "Mr. Ridgway")
ENOCH FOWLER . I am a silk-dealer, and live in Fort-street, Spital-fields. I know the prisoner lived at No. 57, Grey Eagle-street—on the 27th of January, in consequence of what passed between me and Gilbert, I accompanied him to Mr. Fellowes's—Gilbert had some samples with him—we compared those samples with the stock in the warehouse of Mr. Fellowes—I have no doubt it was the identical silk—I have seen the silk which was found in the black bag, and examined it, and I have no doubt it is part of the same silk as I saw in Mr. Fellowes's warehouse—I pointed out to the officer where the prisoner lived—I saw Herdsfield find the silk in the jar, and that corresponds with the samples I saw, and the loose silk also.
Q. Is there any thing in the tying up of silk when it comes from the throwster, that a man acquainted with silk in this state could at once tell whether the cording has been altered? A. Yes, any man skilled in the trade would know it—this is not corded by a throwster—it is not usual to pack silk in bundles in this way—(looking at that in the bag)—here is part of a handle—regular bundles of organzine are square, and tied up in a much more regular way than this, and ticketed—this is organzine, but it is not tied up regularly as it ought to be—it is not in the regular state—(looking at a bundle brought from the prosecutor's)—this in the regular state—it is done in a workmanlike way—the other is not.
Q. On the 27th of January what was such silk worth, fairly to be sold? A. I should say 30s. a pound—in November, 1837, I think it was something below that—30s. was the fair price for organzine silk in January—25s. would be too low.
Cross-examined. Q. Have you looked at all the silk in the bag? A. I have—they are all round bundles.
MR. SERGEANT ANDREWS. Q. Look at the handwriting in the book produced—do you know whose it is? A. I believe it to be Bailey's—I cannot swear positively—I have an idea that it is—I have seen him write some years ago—I never corresponded with him—I have had dealings with him some years ago—from the knowledge I have, I believe it to be his handwriting—I believe this entry on the 18th of January to be his writing—(the entry being read, was, "18th January 82 and 33, making 55lbs, 36l. 10s.")—the square bundle, which is regularly done up, I believe, has been brought from Mr. Fellowes's warehouse—the samples appear to be the same silk, in quality and appearance, as that in the bag—it is a peculiar silk.
Cross-examined. Q. If you were going to buy some, should not you have to unpack it to ascertain that the centre part corresponded with the outside? A. No—I should pull out a head or two—there is no occasion to open it—any alteration in the mode in which silk is tied does not prevent my identifying it—the quality is not affected.
Q' Could not silk of this sort be subjected to some process, to render it
impossible to identify it by dyeing it, for instance? A. Certainly, if it is dyed.
MR. SERGEANT ANDREWS. Q. Would it be as valuable dyed? A. More valuable.
MR. BODKIN. Q. Was Ridgway taken into custody? A. He was, and I should say he is indicted for receiving this silk—I believe he stands, in the list to be tried for receiving silk—I went to Ridgway's place, and found a bale of silk, with a card on it, "Mr. James Ridgway, 3, Foster lane, Cheapside"—there were marks on it, as if it had been through a carrier's hands, and on the other side a direction to Macclesfield—nobody went to Macclesfield—an officer brought a bale of silk from Macclesfield—he is a Macclesfield officer—I do not know whether goods from Macclesfield come to Pickford's wharf.
JOSEPH BRIDGETT . I am a silk dealer, in Aldermanbury. I recollect telling some silk to Mr. Fellowes—I sold about 1401bs. of organzine on the 12th of December, and another 140lbs. on the 10th of January, both from the same bale—I afterwards saw the silk in the black bag—it was the silk I had sold to Mr. Fellowes—I have no doubt of it whatever—I have some reasons for being positive—it was thrown at a mill I have at Derby—we have not thrown a bale of Italian for about three years like it, and have not since—it is thrown in a peculiar manner.
EDWARD FELLOWES . The silk in the warehouse in Broad-street on the 15th of January all belonged to me—I have examined carefully the different parcels produced from Gilbert's, and found at the prisoner's house—I have compared them with my own silk, and can say most decidedly that it is my silk, and what I lost from my house—I knew nothing of Ridgway previous to this discovery—I have seen the silk found at Ridgway's—it is perfectly different altogether to this—it is tram—it is silk which I claim.
NOT GUILTY .
Second Jury, before Mr. Baron Parke.
808. JAMES RIDGWAY was indicted for feloniously receiving, of an evil-disposed person, on the 20th of January, 100lbs. weight of silk, value 140l., the goods of Edward Fellowes; well knowing it to have been stolen.
MR. SERGEANT ANDREWS and MR. CHAMBERS conducted the prosecution.
Q. Did you go on Sunday, the 28th of January, to No. 3, Foster-lane? A. I did and there saw a truss of silk—Herdsfield showed it to me—I examined it—there was about 48lbs.—it was part of what had been stoles—it was Italian tram silk—on the following Tuesday, the 30th of January, I set off for Macclesfield and went with Stock win, and officer, to the house of one Hooley; and in consequence of what I heard there, I went to Pick-ford's ware house at Macclesfield and there found another truss of silk, containing rather better than 50lbs. of Italian tram—that formed part of the quantity stolen on the 15th of January—the two parcels together were
rather better than 100lbs.—I saw the mode in which the parcels of silk were put together—the original cords had been taken off, and others used in their place—they were in larger bundles than the last, and not quite so square.
Cross-examined by MR. PHILLIPS. Q. What day was the prisoner taken into custody? A. On Saturday, the 27th of January, and on the 30th I went to Macclesfield, and took Hooley into custody, and brought him to town—he attended at the Mansion-house—I believe he was in custody when he went there, but I did not see him go there—the Macclesfield officer brought him to town, and took him to the Compter.
Q. Did not you see him attended by Counsel at the Mansion-house, at a prisoner? A. No, he was not a prisoner, that I know of—I saw two persons, named Sherman, in custody for this offence—I believe I remained all the while at the office—I do not know whether the Shermans were examined as witnesses—it was a man and his son—the boy was not a witless—I do not recollect seeing the boy sworn that day, nor on any day—I do not believe the father was present when the boy was—I saw him afterwards.
THOMAS THEOBALDS . I am a City Marshal. On the 27th of February I went to make a search at Bailey's house, at No. 57, Grey Eagle-street—it was about six o'clock in the evening—the prisoner came in there, and he spoke to a female, and asked to see Bailey.
Q. Did you hear his name mentioned? A. The woman mentioned his name—she said, "Ridgway, here is a pretty mess"—I asked him if he bad seen Bailey that day—he said he had not—I asked him if he had any dealings in silk with Bailey—he said he had not—I think I asked him if he had any silk to dispose of, and he also said he had not—I asked him for his address—he said, in Grantham-place—I asked tint some time after where Grantham-place was—at last he said it was at Hoxton, and he also gave me his own address, "No. 3, Foster-lane"—I asked him if he had any place of business there—he said he had not—I asked him if he had any drawers, or counters, or any place there—he said no, he had not, he was merely an agent for Mr. Mills and Mr. Henwood.
Q. Do you know who occupies the house in Foster-lane? A. It is let out in counting-houses—Mr. Hen wood has got a warehouse there—he was speaking of that Mr. Henwood—I did not tell him he was my prisoner till after this conversation took place—I then told him he must be my prisoner—he said he was respectably known to Mr. Peanall and to Mr. Ram—while I was taking him down to the station-house in Spitalfields, he asked me whether it was any thing relative to Mr. Fellowes's robbery—I made no reply—I did not satisfy him on that point—on the following morning I went to No. 3, Foster-lane, with Herdsfield, and saw Mr. Henwood there—on my saying I had Ridgway's keys, he showed me the beck attic at the top of the house—he opened it—I do not think it was locked—it was not furnished—it was merely fitted up with a scale and a kind of counter and board to put the weights on—there were no drawers—it was merely supported by a trestle—they were very large scales, and weights corresponding—such scales as would weigh a pretty bulky quantity—there were eleven parcels of sewing-silks, and some other silk on the ground, which I brought away—that was a truss of silk with a card attached to it—it had been opened and sewn up—(looking at it)—this is the card—it was sewn on the canvas, and was in this state when I took it off—I sent Herdsfield for
Fisher, and when he came he took out part of the silk and identified it—I gave the truss to Herdsfield, and he brought it away—the house is near the church in Foster-lane, very near Cheapside—the name of Ridgway was on the door-post next the street.
Cross-examined. Q. Was it not Grantham-terrace he said he lived at? A. Yes—I found that correct—I went to No. 3, Foster-lane, on the 28th—at that time the prisoner was in custody—this robbery had made considerable noise in the City—particularly among the silk people—large placards were posted all over the walls, offering £200 reward, from the 16th—it was perfectly notorious, from the 16th, that this robbery had been committed—I was at the Mansion-house when this case was gone into—I remember the two Shermans, father and son, being in charge—they were afterwards examined as witnesses, and kept in custody to give evidence—they are in custody now.
MR. SERGEANT ANDREWS. Q. Were they examined against the prisoner, or against others? A. Against others.
MR. PHILLIPS. Q. Were there any others in custody? A. No—when they were examined, there was nobody in custody but Ridgway and Bailey.
MR. SERGEANT ANDREWS. Q. Were they examined in reference to any one person in particular? A. No—they were examined touching the robbery generally—Ridgway had not been committed then.
WILLIAM HENWOOD . I am a warehouseman, and live at No. 3, Foster-lane. I let the top back-room of my house to the prisoner—it is three stories high—he had had it not quite three months when he was apprehended—I never employed him in business—not as an agent, nor in any way—he came to the apartment every day—he did not sleep there—I remember the Sunday when Mr. Theobalds and Herdsfield came—the room I showed them was the apartment used by Ridgway—this appears to me to be the truss of silk found there.
Cross-examined. Q. When the prisoner left in the evening, who did he leave the key with? A. He generally left it with me—he either locked it himself, or left it unlocked—nobody could go into it after he left without our knowledge—I could go in of course.
Q. Could not anybody else, who had a warehouse in the same house, go in? A. Not without somebody knowing it—only myself and Mr. Mills have warehouses there—he never left the key with Mr. Mills—he frequently left it with me—I did not do business in his room myself—I never deposited any goods there—I have a warehouse of my own on the second floor.
EDWARD APSLEY STOCKWIN . I am an officer of the Macclesfield police. On the 1st of February I went to the house of the witness Hooley there, and in consequence of what he said to me, I went to Pick-ford's warehouse, and there found a truss of silk, which I produce—it has been opened since I found it—when I found it, there was a direction on it which I took off, and produce—it is "Mr. Jas. Ridgway, to be left till called for"—I took Hooley into custody before I found the bale, when I first went to his house—I brought him up to town in custody.
Cross-examined. Q. Hooley was kept in custody a considerable time, I believe? A. He was—I took him to the Mansion-house in custody,
and he was attended there by counsel—I took him there as a prisoner, and after that he was examined as a witness.
ABRAHAM HOOLEY . I live at Macclesfield. I have known the prisoner ever since he was a boy—I was in London in October last, and saw him then—I am a dealer in silk, and silk-waste, and I also follow the business of a tailor.
Q. What passed between you and Ridgway, in October, about purchasing any thing? A. He said he had met with a friend who had advanced him a considerable sum of money, and he should have silk to sell at times, such as he could not use—that he was commencing manufacturing, and should have silk which he could not use—I told him I should have no objection to take any thing that would do for me—I afterwards saw him in Macclesfield.
Q. In January this year, did you receive any thing from him? A. Yes—on the 18th of January, a bundle of China and Italian silk came to me by the Defiance coach—I received a letter on the 25th—this is it—(looking at one)—I believe it is the prisoner's handwriting—I have seen him write a little—after six o'clock that evening the package was delivered by the porter from the coach-office—when I opened it, I found it contained Italian tram—I did not weigh it—I suppose it to be the weight stated in the letter, 48lbs.—I consider it about that quantity—I only examined it superficially—I then packed it up, and re-directed it, and sent it back about an hour and a-half or so after I got it—I sent it back by the Defiance coach, which it came by—I believe this is the direction, and the card I put on it when I returned it—(looking at it)—I sent a note inside the parcel, addressed to Mr. Ridgway—that letter did not explain why I sent it back—on the 30th another parcel came to me, corresponding nearly in size with the other—it was packed in canvas, like the other, and addressed to me—I do not know the handwriting of the direction—I just merely opened the head of it—it was silk—I thought it was the same as I had returned come back again, and I sent it to Pickford's van-office the same hour—I carried it to the office, which is very near my house; and supposing it came from Ridgway, I just merely wrote on it, "Mr. Ridgway, till called for"—this is the paper I wrote—(looking at it)—I sent it for the purpose of being at Pickford's when inquiry was made for it.
Q. After this, did you hear something about this from Stockwin's application to you? A. Yes—the bundles were brought to town, and I was brought with them, by Stockwin—I was examined at the Mansion House as a witness—I arrived in London on, the Saturday evening, and was detained till Monday, at noon—I was released on Monday.
Cross-examined. Q. After being admitted as a witness, you were allowed to leave town? A. Yes—I was first a prisoner on this charge—it was on the 30th I received the package which I thought was the same I had sent back—the first was on the 25th—I sent that back the same day—Maccles-field is 167 miles from town—I believe the card to be the direction I sent, but I am not sure of it—I am a dealer in silk and silk-waste, and also a tailor—I did not forget that when I said I was a dealer in silk and silk-waste—I had no motive for not naming it.
Q. Pray, Mr. Hooley, have you given us all your trades? A. Yes—all that I am now, not all that I have been—I was a little in the cotton-waste, and I had a little manufacturing of silk, and I had a dyeing concern—nothing else—I was never a silk-weaver nor a trowster—I have been a
class-leader among the Wcsleyans—I was never suspended for six months by them—I was never suspended at all—I understand the question—this was the first time I was ever taken into custody on any occasion—I was never taken into custody, except on this occasion—I mean to swear that—nor was I ever suspended—I believe I have given you all my trades—I am quite sure of it—I swear I never was any trade except those I have mentioned—I was in partnership in the dyeing trade, with one Pyett, four or five years ago—I have not left the tailoring—I do not keep a tailor's shop—I carry on the business in my own house—I have a shop behind, out of sight of the street—I have a room which I put the silk-waste in, and the tailoring likewise—I have men under me.
Q. Is anybody here to whom you gave the parcel directed to Mr. Ridgeway till called for? A. No—I have been to Macclesfield since I was examined—I expected I should have had a letter or something from Ridgway, and that was my reason for sending the parcel to Pickford's, to be kept till called for.
JOHN BRAY . I am porter at the Swan with Two Necks in Lad-lane I know No. 3, Foster-lane—it is in my district for the delivery of parcels—I have driven my horse and cart up to the door with parcels for the prisoner—I recollect taking one there on the 27th of January—Mr. Ridgeway's goods generally came by the Defiance coach—I do not know whether that package did so—I believe that package was taken into the house by James Smith, the man who goes with the cart—I should know the direction again—(looking at it)—to the best of my knowledge that is the direction, by the pencil mark on it—the package was a similar one to the one produced—the lad brought the ticket down signed for me, to call again for the money.
JAMES SMITH . I go with the cart driven by Bray, to deliver parcels—I remember taking a package to Foster-lan"—I do not recollect whether is was on Saturday—I did not get the money for it—I was to call again—the package was delivered at Ridgway's, No. 3, Foster-lane—I carried it myself up two pairs of stairs—not to the top of the house—the ticket was signed and given back to me, and I gave it to Bray—this is something like the bale I took—(looking at the one produced)—I cannot tell whether it is the same.
Cross-examined. Q. Do you remember the day of the month that you took the parcel? A. No.
MR. CHAMBERS to JOHN BRAY. Q. What time in the morning of the 27th did you deliver the parcel? A. As near as I can guess, about half-past ten o'clock.
EDWARD FELLOWES . I am the owner of the silk lost I have examined the two parcels of silk, the one from Pickford's and the other from Foster-lane—I have no doubt they are part of the silk which was stolen from me.
Q. Is that letter (the one received by Hooley) the handwriting of your customer, Ridgway? A. I have paid cheques with the same signature this, but I never saw the prisoner about them.
twice—it looks like his—I have seen his handwriting before—It appears to be his—I cannot say further.
COURT. Q. Have you any belief on the subject—have you seen him write? A. I have seen his writing, but I have not seen him write—I have not corresponded with him.
Q. How have you seen his writing? A. I have received from the hands of some person a letter from Mr. Ridgway, and the writing was so bad, I cannot say positively whether it is the same—I have not seen enough of his handwriting to enable me to form a judgment about it—he has told me he kept his money at the London and Westminster Bank—I have had one or two cheques of his—I think I have received one from him—he has not told me at what branch of the bank he keeps his cash.
JAMES STEWART re-examined. We have only one Ridgway banking with us in Throgmorton-street, his name is James—we have five, branches in town, and I cannot tell whether he kept cash at any branch—(The letter was here put in and read,)
"To Mr. A. Hooley, Park-green, Macclesfield.—Dear Sir, I now send you, as under, by Defiance coach, and shall have about 400lbs. of tram and organzine; the parties I have it from are about making a stop; but I have given a large price for it, as you will see; but it is all a regular lot. The price I have given for the tram is 25s. I ought to have 25s. 6d. for it. If if you can allow me any more do; it will want making up again. I shall send you about 100 more to-morrow night. Please let me have the cash np by return of post, directed for me—I want it for Saturday morning. Your answer will oblige.
"London, 24th January, 1838.—Mr. Hooky bought of James Ridgway 48 Italian tram, at 25s. 6d.—61l. 4s.—Settled. "JAMES RIDGWAT."
MR. FELLOWES re-examined. The silk produced is Italian tram—the bands have been changed—it is not now packed in a regular manner.
GUILTY . Aged 32.— Transported for Ten Years.
First Jury, before Mr. Common Serjeant.
ELIZABETH WOODWARD . I am a widow, and live in Battie-street, Commercial-road. On the 19th of February I was near the Pavilion theatre—I had some money in my pocket—I went there about half-past six o'clock, and was standing in the avenue, going in—I had five pence and four half-pence in my pocket, loose—I lost them—I do not know how, but they were taken out of my pocket—one penny was left—there was a very great crowd there—I saw the female prisoner near me—she did fiot appear to press against me.
Cross-examined by MR. PHILLIPS. Q. How Were you dressed that night? A. I had the same things I have on now—I had a cloak on—I went into the theatre after I was in the crowd, and had seen the female prisoner—I went to see the performance—after getting into the theatre I saw the prisoners come in—I had the same gown on I have now, and my apron on, and a pocket—there was a very great crowd—I had not spent any money after I left home—I live a very short distance from the theatre.
in Knight's-court, Tenter-street, St. George's. On the evening of the 19th of February, I was going to the theatre, and saw the female prisoner with her left hand on the person of Mrs. Woodward, and she handed song copper coin from her person to the male prisoner—I have not the least doubt about it—shortly after, directions were made to move on, as the barrier was clear, and we went into the pit; and as soon as I got into the pit I saw Mrs. Woodward there, and spoke to her.
Cross-examined. Q. Did not one of the prisoners tell you they had changed a sovereign at a public-house? A. No, not me—I heard then say afterwards that they had changed it at a public-house for some giu—I did not go to see if that was true—what I have told you I saw is true.
EDWARD CLEMENTS . I am a policeman. I searched the male prisons—I asked him what money he ought to have about him—he said 13s. or 14s.—I found 1l. 8s. 6d. in silver, one half sovereign, and one shilling and three farthings in copper money.
Cross-examined. Q. Did you go to the public-house to ascertain whether either of the prisoners had changed a sovereign? A. I did make inquiry, in consequence of one of them saying so—I went to the public-house they named to me—I did not find that there had been change give there—I did not tell Trotter I was going to the public-house—I cannot recollect that I did—I will not swear I did not—I have not heard what Trotter swore—I saw nothing of the transaction.
810. SAMUEL WULFF was indicted for stealing, on the 6th of February, at St. Matthew, Bethnal-green, 1 watch, value 10l.; 1 neck-chain, value 3l.; 1 locket, value 5s.; and 1 watch-key, value 5s.; the goods of Eliza Lawes, in her dwelling-house.
ELIZA LAWES . I am a widow, and live in Felix-street, Hackney-road The prisoner lodged at my house—on the 6th of February I lent him my gold watch, with a gold chain, locket, and key, attached to it—the watch is worth 10l., the chain 3l., the locket 5s., and the key 5s.—I lent it to him to show to a lady named Reynolds—he returned it to me the same evening—we went to prayers, and after prayers I left the room, leaving the watch on the table—next morning, between seven and eight o'clock, I went up stairs, and the watch was gone, and the prisoner also—I saw him again about nine o'clock the same day, and asked him for the watch—he said he had not seen the lady the day before, and he had taken it to Mrs. Reynolds to lend to her—I had him taken into custody, and the watch was produced—it is my dwelling-house, and is in the parish of St. Matthew, Bethnal-green.
Prisoner's Defence (written.) I was born in Denmark, of Jewish parents, who apprenticed me to the business of a watchmaker. I invented a vessel to move upon the waters without the aid of steam, masts, or sails. The model which I constructed was greatly admired, and I was advised to visit some of the cities on the Continent, in order to dispose of
the invention. Lord Oxsted and Marshal Haugh gave me this advice. I visited Gottingen, when Professor and Hoffraad Gaus, and Dr. Stern, strongly recommended me to come to England. At Hanover Professor Hausmann, and Lord and Minister Wish, gave me the same advice, as did also Secretary Simson. I also visited Cassel, where Professor Henshell, Professor Rothschild, and Sir F. Breithaupt reiterated the same. I accordingly came over to this country, between two and three years ago, and found myself an entire stranger. I had not been more than a fortnight in London before I had all my papers stolen from my pocket; but, providentially, I saved my money upon that occasion. After being some time here, without any prospect of succeeding in disposing of my plan, I determined to return to my own country, and set off, with intention of taking shipping at Liverpool; but, passing through Oxford, I obtained employment from a David Cohen, a Jew, as a watchmaker. I ultimately set up in business for myself; and, during the time I remained there, was converted to the Christian faith, and was baptised there in the month of May last, by the Rev. Mr. Champneys, the present rector of St. Mary's, Whitechapel. I found I could not get on in my business, and was at length arrested, and confined in Oxford Castle for debt, at which place I took the benefit of the Insolvent Debtor's Act in November last. I returned to London, and obtained assistance from the "Society for promoting Christianity among the Jews." My invention was still uppermost in my mind, and I at length met with a party with whom I entered into treaty for the disposal of the same, which treaty was to have been ratified, upon highly advantageous terms, the very day after I was taken into custody upon the present charge. I throw myself into your hands. My character, up to the present time, has been without a blemish. Even Mrs. Lawes, the prosecutrix, must do me the justice to acknowledge that it was without complaint. I freely admit having pledged the property, but do most solemnly avow that it was not done with any dishonest motive, but simply to enable me to carry on the negotiation to which I have alluded; and with the full determination to redeem them immediately upon the same being brought to a conclusion. With respect to the manner in which I became possessed of the watch belonging to Mrs. Lawes, I borrowed it from her to show to a customer, and on the same evening I supped with Miss Rogerson and a Dr. Gerstmann in her apartments. Previous to supper she excused herself, on the ground of indisposition, and went to bed, leaving the watch still in my possession, as either of the two latter individuals could testify, so that it is wrong to say I took it from the table.
GUILTY . Aged 26.— Transported for Ten Years.
(See page 701.)
THOMAS EDWARDS . I live in Mount Pleasant-lane, Clapton. On Saturday morning, the 10th of February, the policeman called me up—I examined my premises, and missed two tea-caddies, a sheet, and a candlestick—these are ray articles—(looking at them)—I have no mark on the sheet—my house was not fastened up, and whether the things were taken from the house or garden I cannot tell.
JOHN MURPHY . I am an officer. On the 10th of February, while on duty at High Hill-ferry, Clapton, between one and two o'clock in the morning, in company with another constable, I stopped the prisoners, with the articles produced in their possession—Pomfrethad the large tea-caddy, and Thurlow the small one.
Cross-examined by MR. PAYNE. Q. Did you have any conversation with them? A. Yes—it was Thurlow spoke—Pomfret said very little.
(Property produced and sworn to.)
(The prisoner Pomfret received a good character.)
THURLOW— GUILTY . Aged 15.
POMFRET— GUILTY . Aged 14.
Recommended to mercy.
Confined Three Months.
GUILTY . Aged 27.— Confined One Week.
GEORGE COE . I live in Sydney-street, Mile-end. On Monday evening, the 19th of February, about five o'clock, the prisoner came to my shop and asked me to lend him a truck—he said he was living in Meux-street, which is within 200 yards of my house—I let it to him for two hours, but he never returned it—I found it in Hampstead-road, opposite the Reservoir—I had suspicion, and my son watched him from the place he took my truck from—the truck found is mine—I did not find it myself.
Prisoner. I borrowed it for two hours, and before I had it an hour and a half, it was taken from me by the policeman—I refused to give it up, saying I had borrowed it for two hours. Witness. He was to pay 3d. an hour.
ALFRED COE . I live with my lather. I was present when the prisoner hired the truck, for two hours, about five o'clock—I followed him—he went up Charles-street, Hampstead-road—I saw there some people round it—I went and asked them, in his presence, if he had offered it for sale—no reply was made—I told the prisoner he had hired the truck—he said not him, but the other—I said no, it was him—he took hold of the handle and wanted to drag it home to my father—he took it a short way, then threw down the handle, and ran away—I ran after him, and hallooed, "Stop thief"—he was caught in Charles-street, by two gentlemen—the policeman came up, and I gave him into custody—I do not know that he was trying to sell it—I could see the people examining it.
Prisoner. Q. Did I offer it for sale in your presence? A. I did not hear you.
JOHN JONES . I am a policeman. I saw the prisoner drop the handle of the truck in Hampstead-road, all at once, and run—the witness turned round, and called, "Stop thief" after him—the prisoner ran down Charles street, and was stopped by two gentlemen—I took him, and he said, "It was not me that had the truck, it was the other one"—at the station-house Alfred Coe said he had hired it for two hours—the prisoner said, "If I did it is now seven o'clock, the two hours are hardly up yet."
JAMES RICKETTS . I live in Charles-street East, Hampstead-road. The prisoner and another person, named Creighton, brought down a truck to me, about seven o'clock in the evening—(Creighton had called in the morning)—the prisoner helped to bring it—I suppose he brought it for sale—
he did not ask me to buy it, but said it was a very good one, and there was a place for a dog to drag it—Coe came up and claimed it.
Q. Had Creighton said any thing to you in the prisoner's presence about it? A. He only showed it to me—I supposed I was to buy it—I did not say any thing about buying it—I never made a bid for it—Creighton said, in the prisoner's presence, that he wanted a sovereign for it.
Prisoner. I never beard any thing about a sovereign being asked.
Witness. I am sure the prisoner was present at the time Creighton asked.
Prisoner's Defence. I borrowed the truck for a certain time—they should have waited till that time was up.
GUILTY . Aged 23.— Confined Three Weeks.
GEORGE HENRY TOLLY . I live in Bouverie-street, Paddington. The prisoner was in my service—on the 2nd of January I sent him with 5cwt. of salt to Mr. Cook, which came to 14s.—he never paid me that money—be absconded.
JAMES SYMONS COOK . I am a baker, and deal with Mr. Tolly. On the 2nd of January some salt was brought to me, with a bill for 14s., which I paid—I cannot say the prisoner is the person I paid it to—the receipt was signed when he brought it.
MR. TOLLY re-examined. When I sent him with the salt, I gave him this bill and receipt, which Mr. Cook has produced—he ought to have returned to my house that day.
Prisoner's Defence. I took the salt, but received no money for it—I delivered the bill, but tore the receipt off it.
MR. TOLLY re-examined. A little boy went with him, who brought the truck back—I only gave him one receipt for the money—the receipt is not torn off the bill.
MR. COOK re-examined. No bill was produced to me but the one I have brought here.
GUILTY . Aged 19.— Confined Six Months.
WILLIAMSON† pleaded—GUILTY. Aged 16. Transported for Seven Years.
WALTER LLOYD . I am a butcher, and live in Berkeley-street, Clerkenwell. About two o'clock on Saturday, the 10th of February, I was in my parlour, and received information—I ran out, and found Williamson in the hands of the officer, with a pig's head in a bag—it was mine—Brown was brought up by a policeman, about a minute afterwards.
ANDREW COLLARD . I live in Albemarle-street, Clerkenwell. On Saturday afternoon, I was at the corner of Berkeley-street, and saw the two prisoners walking up and down—I saw Brown take the pig's head off the prosecutor's show-board, and give it to Williamson, who put it into the bag—he was secured.
Brown. I was not taken for a quarter of an hour—I did not take the head. Witness. I am quite sure he took it.
Brown. I was coming down Wilderness-row, a boy said, "There goes one of them"—the witness turned round and said to the policeman, "I think that is one of them that took it." Witness. I did not say so.
Brown. The policeman said, if he did not say I took it I should get off. Witness. He did not.
Brown's Defence. I did not take it—I had been looking for employ, and was coming down towards John-street, when a boy said, "There goes one of them," and the gentleman collared me.
BROWN†— GUILTY . Aged 16.— Transported for Seven Years.
JOHN CROOKSON . I am a fishmonger, and live in Praed-street, Paddington. On the 26th of February, in consequence of information, I ran out of my shop, and saw the prisoner running with a sack, I ran after him and hallooed, "Stop thief," up two or three streets—he was stopped, and a sack was handed up from an area—I had not seen him throw it there, but it was the same sack as I had seen across his shoulder—it contained half a fish.
Prisoner's Defence. I was going down the street, somebody hallooed "Stop thief," and a person laid hold of me till the mob came up. GUILTY.* Aged 20.— Confined Six Months.
JAMES DAVIS . I live in Northampton-street, Cambridge-road, and an servant to a gentleman in High-street, Whitechapel. On the 17th of February, I was standing at his door, next door but one to Mr. George Kirby's, and saw the prisoner snatch the trowsers from the door, fold then up, and give them to another boy, who walked away about three yards, and then ran away as hard as he could—I am certain the prisoner is the boy—it was about a quarter before eleven o'clock at night, and in about half an hour he came into Mr. Kirby's shop again, and looked at another pair of trowsers—the policeman came and asked me if that was the boy—I said, "Yes," I can swear to him, I am quite sure of him.
Cross-examined by MR. PAYNE. Q. Had you ever seen him before.
A. No—I had spoken to the policeman before I saw him again, and the policeman came and asked me about him.
JAMES YOUNG . I was shopman to George Kirby, who is now deceased I missed a pair of trowsers about a quarter to eleven o'clock on the evening in question—Cuthbert, the other shopman, called me outside the shop afterwards, and I saw him and the prisoner outside—I waited while he showed him a pair of trowsers—he went in to show them, and according
to the description Davis gave, we suspected him, and sent the policeman to fetch Davis, who came and identified him directly—the trowsers have not been found.
WILLIAM ARNOLD . I am a policeman. I was sent for, and took him into custody—Davis was positive of him—I asked him several times—he said he was quite sure of him—I found 14s. on him at the station-house.
MR. PAYNE called the following witnesses.
THOMAS SAWKINS . I am a truck-maker, and live at Hoxton. The prisoner has been six years in my service, and was so on Saturday night, the 17th of February—he left me at ten or a quarter-past ten o'clock that night—I did not pay him his wages till then—he had 1l. from his club and 9s. from me—he went to get a pair of boots which he had ordered close by me—my house is half an hour or three quarters of an hour's walk from Whitechapel-road—I never saw any thing bad in his character—his father and mother live in King Edward-street, Mile-end, about a mile and a half from my house.
MARY ANN VAUGHAN . I am in the employ of Mr. Sawkins. On Saturday night, the 17th of February, I left his house with the prisoner, and walked with him—when we got into Shoreditch it was twenty minutes after ten o'clock by the church clock—he had a pair of boots or shoes under his arm; and when we came into Brick-Jane, Hanbury's clock went half-past ten—I left him at the corner of King Edward-street, where his parents live—it was then turned twenty minutes to eleven o'clock—he was then going home.
—PLUMMER. I am the prisoner's mother. I remember his coming home on Saturday night, the 17th of February, about ten minutes before eleven o'clock—he had a pair of boots with him, which he tried on when he got home, and after eleven o'clock he went out—he did not tell me what he went out for—I saw nothing more of him till he was in custody.
NOT GUILTY .
CHARLES ALLIS (police-constable C 5.) Between seven and eight o'clock in the morning of the 23rd of February, I was on duty in Grosvenor-mews, and saw the prisoner take these three pots out of a dung-heap, where they were buried—when he saw me coming he walked away, and dropped two of them on the stones—I stopped to pick them up—he talked away at first, and after he dropped the pots he began to run—I called; "Stop thief"—a man was coining down, and stopped him—I took him into custody, and found a pint pot in his hat.
WILLIAM HIDDEN . I keep the Hole-in-the-Wall public-house in Grosvenor-mews. These pots are all mine—I have lost a great many—I never saw the prisoner on my premises—I have seen him about the neighbourhood—I send beer down to the stables in the yard.
GUILTY . Aged 24.— Confined One Month.
819. SARAH HAYFIELD was indicted for stealing, on the 12th of February, 2 frocks, value 12s.; 2 sheets, value 6s.; 1 night-gown, value 2s.; and 4 handkerchiefs, value 5s.; the goods of William Stodgell.
weeks—on the 12th of February I missed the property stated—I can swear to these sheets by marks—(looking at them)—they must have been takes when my wife was ill in bed, and dying.
Prisoner. Q. Did not you give them to me to pawn? A. No, I did not—I never authorised you to pawn any of them.
Prisoner. She gave me part of them to pawn, and the sheets I took of my own accord.
JAMES WILLIAMSON . I am a pawnbroker. I have produced the articles—I took the frock in of the prisoner—I do not know who pawned the sheets and other articles—I gave duplicates for the articles—she pawned the frock in the name of Smith—the other things were pawned in the names of White and Hayfield.
DANIEL JACKSON (police-constable H 114.) I searched the prisoner—the duplicates were given to me by the prosecutor's son—they correspond with the articles produced—I charged the prisoner with taking them—she was found coming out of the house with a bundle containing four handkerchiefs and other articles—she acknowledged pawning some of the articles, and said an acquaintance pawned the rest.
GUILTY . Aged 24.— Confined Six Months.
ANN SMITH . I am the wife of Richard Moore Smith, and live at St. Luke's, Chelsea. The prisoner was in my service—on the 10th of Februry I missed three linen cloths, which are now here—these are mine—(looking at them.)
ANN SMITH re-examined. They are all our property—this happened on Saturday, the 10th—I sent her out on errands—we always keep the gate locked in the evening, and she said she wanted to go and get a boot-lace—she went, unlocked her box, and came up with something under her things—I said, "What have you there?"—she said, "A white apron"—I said, "What have you under it? let me see"—I took her, and found she had these things concealed—the tray cloth was in her pocket—she must have unlocked the wardrobe to get it.
NOT GUILTY .
NEW COURT.—Saturday, March 3rd, 1838.
Fifth Jury, before Mr. Recorder.
821. THOMAS DEXTER was indicted for embezzling, on the 8th of November, 1l. 6s. 3d.; and on the 27th of January, 15l. 5s.; which he had received as servant to, and on account of John Bridges and another, to which he pleaded
GUILTY . Aged 37.— Confined Twelve Months.
822. JOHN SULLIVAN was indicted for stealing, on the 26th of February, 14lbs. weight of lead, value 2s., the goods of William Lucas; being fixed to a certain building; against the Statute, &c.; to which he pleaded
GUILTY . Confined Three Months.
JOHN WINSER . I live at the Red Lion, in Jermyn-street. On the afternoon of the 14th of February I was in the tap-room—the prisoner came in—there was another soldier there—I saw the prisoner carry a bundle out under his arm—upon that I rose up, and saw my shoes were gone—I had put them in one corner of the tap-room—I spoke to the policeman in consequence, and he took the prisoner—these are my shoes—(looking at them)—I can swear to them—I saw them in the handkerchief which the prisoner was carrying—the prisoner said he gave a pot of beer for them.
JOHN SCOTT . I live at No. 17, Little Grosvenor-street. I was at the Red Lion and saw the prisoner and another soldier there—I saw these shoes in a handkerchief which the prisoner was carrying under his arm when he was taken—it was a light coloured handkerchief that the prisoner carried out of the house, and the shoes were found in a light coloured handkerchief—it appeared to me to be the same.
Prisoner. Q. What time was it when you saw me come out? A. There was no clock in the room—I said between four and five o'clock, but it must have been before four o'clock, because it was ten minutes after four o'clock when I gave the policeman information of the robbery—the prisoner was not taken till ten minutes before five o'clock.
Prisoner. Q. Did you not say I was not the person? A. I said at first I was not certain, but when I got you to the gas-light I said, "You are the person," and the policeman will prove it.
WILLIAM WHEATLAND (police-constable A 83.) I met the prisoner in Cattle-street, Leicester-square, with a bundle under his arm, and stopped him in consequence of what I had heard back do—in this handkerchief which he was carrying were these shoes—he said he gave a pot of beer for them in the Monmouth Head.
Prisoner. Q. Did not the witness say I was not the person? A. At first he expressed some doubt, but on a full look at him he was positive he was the man.
Prisoner. Q. Did he not say it was between four and five o'clock when I went out with the bundle under ray arm? A. He did.
Prisoner's Defence. I was on parade at four o'clock, and I came off about ten minutes or a quarter past four o'clock—I went into the Monmouth Head—there was a soldier and two women—he had this pair of shoes—he said, "Do you want a pair of shoes?"—I said, "I don't care, I will give you a pot of beer for them"—he took it—I put them into my handkerchief, and came out to Leicester-square, and who should meet me there but the policeman and the prosecutor.
—SENT. I am a sergeant of the Coldstream Guards. The prisoner was on parade at four o'clock on the 14th of February, and quitted from ten minutes to a quarter past four o'clock—the parade was at St. George's barracks, Charing-cross, not a quarter of a mile from the Red Lion in Jennyn-street—it takes us every night from ten minutes to a quarter of an hour to dismiss—there would be no difficulty in the prisoner being at Jermyn-street at a quarter past four o'clock—I have known the prisoner about five years—his character has been exceedingly good in the regiment—he was never under any charge of dishonesty.
JOHN WINSER re-examined. Q. How came you not to mention to the companion of the prisoner that you had lost your shoes, when you missed them? A. I did—I told him I had lost a pair of shoes—he went with us, not at the moment, but in about five minutes.
JOHN SCOTT re-examined. Q. Have you not said that you remained a considerable time after the prisoner went out? A. Five or ten minutes—I have not said that I waited three quarters of an hour, but it was there quarters of an hour before he was taken—I have not the least doubt about this man—it was not three minutes' walk from the barracks where the prisoner was taken—the other soldier, and I, and the prosecutor went after him.
Prisoner. The other soldier was at Queen-square, but he is not here—his name was Braham.
——SENT re-examined. I am not able to say whether Braham was on parade.
NOT GUILTY .
824. JOHN WOODINGTON was indicted for stealing, on the 21st of February, 1 bushel of split beans, value 4s., the goods of William Jupp, and another; and WILLIAM REEVES for feloniously receiving the same well knowing them to have been stolen; against the Statute, &c.
MR. BODKIN conducted the Prosecution.
HENRY JUPP . I reside at Brentford, and am a coal and corn-merchant. I have one partner, who is my brother William—the prisoner Woodington was in my service, and had been about ten years—he was decidedly a confidential servant—I had a person of the name of James Syms—he had been about six months at the wharf, and about two years in our empty at the farm, which is about three miles off—on the 21st of February Syms was sent out with a cart to Southall, between four and five o'clock—I was not at home—I had some information given me or Thursday (the next day) at Uxbridge; in consequence of that, I had Syms taken into custody—I asked him a question, and he told me something—in consequence of what he said, I had Woodington taken—after he was in custody I said to him, "How came you to give Syms the beans?"—he said if he did it was a mistake—I said, "There was no mistake about your receiving the money for them"—he said he had received no money—after that he was brought into Syms's presence—I then said to Syms, "How much money did you give Dick?"—(Woodington went by the name of Dick)—Syms then said, "9d."—Woodington then said he had said he had not received any thing, but he had received 9d. and what he said before was untrue—nothing was said about what the 9d. was for—my beans were kept in a granary, and on the wharf—all the man have access to the granary—if any beans were to be given out it would be
Woodington's duty to look to it—Syms would have no authority to take them out without my orders or Woodington's, but he could do it.
Cross-examined by MR. DOANE. Q. There was a variety of grain in place? A. Yes, of course—this was Wednesday—there was a quantity of goods sent out, of various descriptions of corn—that would be given out by Woodington—large quantities would be given out on Wednesday, and it would be Woodington's duty to give it out.
MR. BODKIN. Q. Was there any business that would require bushels of beans to be sent out? A. There were bushels of beans, no doubt—I have no dealings with the White Hart.
JAMES SYMS . I have come out of the gaol of Newgate. I was committed to be tried for this offence—I was in the service of the prosecutor on the 21st of February—I had that day to go with some things to Southall, with the horse and cart—about three o'clock in the afternoon I had to take two bushels of malt, two pounds of hops, half a sack of flour, half a sack of barley-meal, a sack of bran, two bushels of oats, one bushel of beans, and a peck of oats—I had to take some of these things to Hanwell, and some to Southall—among other things, I took a bushel of beans, which Woodington gave me—he gave me most of the other things—some I took off the landing myself—before I loaded the cart, I said I had no money—(my matter gave me money to pay the gate)—Woodington said he would give me a bit of corn if I knew what to do with it—I did not want that to pay the gate, but to buy me a pint of beer on the road—I said I thought I did know what to do with it, and he got the corn—it was nearly a bushel of split beans in the bottom of an old bran sack—I cannot say who put them in the cart—he gave them to me—nothing more passed between us then—I went off—I went first to Hanwell, and then to Southall—I went to the White Hart, and saw the ostler, which is the prisoner Reeves, about five o'clock in the afternoon—I told him I had got a bit of corn in the cart, if he knew what to do with it—he said he did—we then went in doors to have a pint of half-and-half, and he came out and took it away out of the cart—nothing was said about the price—he gave me 1s. 6d. after we came out of doors—he had taken the beans out—I did not see that be opened the sack—I did not tell him what the sack contained—I told him it was a bit of corn—I then came back to my master's place—I gave Woodington 6d. out of the 1s. 6d., and the next morning gave him three penny-pieces—I paid twopence for the half-and-half, which a man gave me where I went to, and Reeves put 1 1/2 d. more—Mr. Stevens's wife gave me the twopence—I told Woodington I had got 1s. 6d. for what he gave me, and he should have half—he did not say any thing.
WILLIAM WARBOY . I live near the White Hart, at Southall, on one side of the house, and am constable of the parish. I remember being at home on Wednesday, the 21st of February, about five o'clock in the afternoon—I noticed a horse and cart—it was Mr. Jupps's cart—Syms was driving it—the cart came and stopped just against my window, six or seven yards off—the ostler, Reeves, came from the stable up to the cart, and spoke to Syms—Reeves looked into the hind part of the cart, and Syms got out of the cart—they then both went into the back do or of the public-house which leads to the tap-room—Reeves came out after they had been there five minutes—he got up into the cart, and took a sack out—I noticed Mr. Jupps's name on the sack—it appeared to me to contain about a bushel—he went across, and took it into his stable—Syms was in the house—he came out
again, and Reeves came from the stable up to him—I saw Reeves put his hand into his pocket, but their backs were to me, and I could not see whether he gave him any thing or not—they stood talking about five minutes, and then Syms got up into the cart and drove off—I went to the Red Lion at Southall that evening, and spoke of it.
Cross-examined by MR. PAYNE. Q. You did not tell Mr. Jupp anything? A. I did not—I was not standing, but sitting at my window, which was shut—the cart was from six to seven yards off—it was about five o'clock in the afternoon—there were no other carts there that I saw—Wednesday is a busy day with the ostlers—about twelve o'clock a good many carts come there—it was a regular sack, like a malt-sack—I thought there was about a bushel in it—I could not tell—I could see Mr. Jupp name on the sack, quite plainly—it was in the bottom of the cart—I once had a few words with Reeves, but we have been friendly ever since.
EDWARD SCOTNEY (police-constable T 29.) I was present when Woodington was questioned by Mr. Jupp—he was asked if he had given Symp any corn—he said he had not—after Syms made his confession, Woodington said if he had given him any, it must be a mistake—I did not hear him asked about money—I took Reeves into custody on Friday, and asked him if he had received any corn from Mr. Jupp's man on the Wednesday—he said he had not—he said he did not know any of Mr. Jnpp's men.
NOT GUILTY .
HYAM ISAACS . I am a bottle merchant, and live at No. 25, Francis-street, Tottenham-court-road. On the 12th or 13th of February I saw the prisoner—he produced three or four patterns of glass phials and bottles, and asked if I would purchase them—he asked 10s. a gross for the draught phials, 7s. a gross for the small ones, and 10d. a pound, or 2s. a dozen, for the squares—he was to bring them in a day or two—he said he was a glass dealer, and dealt in medical things, and so on—he came to me on the 15th of February, and brought these bottles, which I said I would purchase—I bought thirty-six dozen, and three-quarters of the draught phials—I bought the small ones also—I paid him, and he gave me a receipt for the money—he had other bottles, which I did not purchase—I gave the prisoner into custody when I had purchased the goods—a friend of mine, who is an extensive dealer in glass, came into the shop, and as I do not like to buy of strangers, I asked this person if he knew the prisoner—I found that he belonged to Mr. Pellatt.
Cross-examined by MR. PHILLIPS. Q. Did he give you two receipts? A. Yes, he did—these are them—(producing them)—he wrote them in my presence—they are signed with his own proper name, as far as I know—I had known him for about twelve months—he had sold me things once or twice before, but then I thought him an honest man—I had known him about twelve months before, by his calling with patterns at my place—I had dealt with him about twice within the last twelve months—I might have bought of him four times—it was only two or three shillings' worth.
goods he had sold to Isaacs—he told me he had bought them of a stranger, but he did not know his name—I asked if he knew where he lived—he said, "No;" they were brought to his house—I found at Mr. Isaacs a basket containing bottles—I found on the prisoner this paper—(producing some)—and the two receipts were given me by Mr. Isaacs—I also received from Mr. Isaacs two quantities of phials.
Cross-examined. Q. I believe you went to the prisoner's house? A. did—he told me his address himself—I found his address was correct—receipts read)—
"February 15, 1838. Mr. Isaacs bought of Thomas Hickman.
67 Dozen of phials 7s..... £1 1 7
33 Ditto 9s..... 1 4 9
10 11-12 Squares 24s..... 1 5 8
£3 12 0
"Paid Thomas Hickman."
"February 15, 1838. Mr. Isaacs bought of Thomas Hickman.
2 Gross, 1 dozen, and 8 phials 9s.£1 4 6
"Paid Thomas Hickman."
"February 15, 1838. Mr. Isaacs bought of Thomas Hickman.
36 3/4 Dozen phials 6s.....£0 18 4 1/2
"Paid Thomas Hickman."
GEORGE WEBB . I am in the service of Mr. Apsley Pellatt, a glass-manufacturer, in Holland-street, Blackfriars. The prisoner was formerly in his service—he returned to his service on the 29th of January last—he was a book-keeper in the chemical department—I am in the manufacturing department—I produce three moulds of phials—I have two moulds of the phials manufactured by Mr. Pellatt—the other mould relates to the squares—(looking at the phials and bottles produced)—I should say these were blown from these moulds—I have no mould for the narrow-mouthed squares, but I have brought a square bottle from Mr. Pellatt's premises, which matches them—they were made for a gentleman by mistake—they have a small P on them—they were made in a private mould, and were kept in our stock, and these small phials (looking at them) are the same pattern exactly as the small phials, of which I have not the mould—I should say they are manufactured from the same mould—the phials and small bottles usually pass through ray hands after they come from the Excise—I believe these formed a part of my master's stock—I recollect leaving the prisoner in the warehouse on Thursday, the 15th of February, as I went to tea—he was gone when I returned, and never returned any more to the warehouse.
Cross-examined. Q. When was he taken up? A. On the 15th he was in custody—he could not well return—hundreds of bottles are made in a week—I left the prisoner there about five minutes before five o'clock.
MR. PHILLIPS to THOMAS SUMPTER. Q. Did he not tell you where he lived? A. Yes—I asked him whose service he was in—he said, "In the employ of Mr. Pellatt," but I knew that before—I did not tell him I knew it I asked him in order to find whether he would give me a true account.
value of the seventy dozen of bottles is between 4l. and 5l.—I have not the least doubt that these are my property—I have not the least doubt of it—my stock is so large I could not miss them, unless it was under particular circumstances—the men usually quitted about five o'clock—the prisoner should have been there again about seven o'clock—he was inquired for, and was absent.
Cross-examined. Q. When did the prisoner leave you? A. I think it must have been four or five months since, and he came again on the 29th of January—I think he had been sixteen years in our employ.
COURT to HYAM ISAACS. Q. About what time did the prisoner come to you? A. About seven o'clock at night—the door was shut when he came—I had no opportunity of knowing how the things were conveyed to my door—he was the only person with them when I saw them.
(The prisoner received a good character.)
GUILTY . Aged 24.—Recommended to mercy by the Prosecutor. Confined One Year.
JOHN OWEN . I keep the John Bull, at Old Ford. Emma Smith was my servant for about two months and five days—in consequence of something, I marked some shillings and copper money on Saturday, the 10th of February—I looked into the tills the following day, and missed some of the money so marked about five minutes before eight o'clock, on the morning of the 11th—the prisoner Dorey was in the tap-room at the time I came down and missed the money—he came to the bar between eight and nine o'clock, and had half a pint of beer—he offered two halfpence, both marked, in consequence of which I sent for a policeman—he was not at home, but he came between nine and ten o'clock—I stated the case, and he took Dorey into custody—he took him to the station-house, and then came back, and asked to have some conversation with Smith, which he had—Dorey was out of employ—I could not exactly turn him out—he was constantly about my house.
Cross-examined by MR. DOANE. Q. Was there a deficiency in the till from the gross amount you put in? A. There was.
WILLIAM BARBER (polite-sergeant K 28.) The prosecutor fetched me to his house on the 11th of February, and gave Dorey into custody—I searched him, and found on him one marked penny—the woman was not present when he was taken, nor when he was searched—she did not say any thing in Dorey's presence—Dorey was not in her presence till it the station-house—I searched Dorey there—Smith was not there when I found the penny—she was afterwards—I searched her, and found thirty-four half-pence, seven pence, and one marked shilling—I asked her how she got it—she said Jemmy Dorey gave it her to keep for him—she said she had given Dorey 2d. to help her to clean the candlesticks that morning—she did not know it was marked money till I told her—when I found the money on her she said this, before any one stated that the money was marked; and then, when a quantity was found on her, she sard Dorey had given it her to save—Dorey strictly denied that, but he said that she had given him the 2d. for cleaning the candlesticks.
Cross-examined. Q. How long is it since you gave your evidence before
the Justice? On the 12th of February—I recollect what I said—this is my signature—(looking at his deposition)—my evidence was taken down, and I signed it.
(The deposition being here read, omitted to state that Smith had stated to the officer that she had given 2d. to Dorey.)
Q. Now, do you say that the girl said she gave him 2d.? A. It was mentioned—he said it, and she said it—I am sure I told that—my deposition was read to me—I was asked if it was correct—if I had found out that, I should have named it.
EDWARD PARSONS . I am pot-boy to Mr. Owen. The prisoner Dorey slept at my master's stables on the night of the 10th of February—he was rather tipsy on the overnight, and I let him sleep there, because he should not be taken into custody by the policeman—I have heard my master say he did not wish him to come there—I locked him up all night, and let him oat in the morning, at a quarter past seven o'clock—the 10th was on Saturday, and on Sunday morning the complaint was made—I cannot say what time Smith came to work—I did not see her dome down stairs—Dorey was employed to do two or three candlesticks that morning.
Dorey's Defence. I was out of work at the time—I used to go in the morning there, and when I was there I was asked if I could help them—I was there cleaning the pots, and this girl gave me 1s. 7 1/2 d., 1 1/2 d. for myself, and to get silver for the 1s. 6d., and she told me to say if it was found, that I picked it up near Whitechapel Church—on this Sunday she gave me 2d.—I gave 1d. for the beer, and then the officer came and took me—he found 1d. on me, which I had of her.
(The prisoner Smith received a good character.)
SMITH— GUILTY . Aged 20.— Confined Three Months.
DOREY— NOT GUILTY .
RICHARD SCOTT . I live at No. 38, Charlotte-street, Whitechapel, and am a butcher. I had a basin in my shop, in which I sometimes keep silver—when I was shutting up my shop on Saturday night, about twelve o'clock, I heard a noise with the basin—I was standing at the door—I turned my head, and saw the prisoner's hand coming away from the basin—I had silver in that basin—I gave the prisoner into custody—he is my servant—I missed 9s. 6d.—I charged him with taking some silver out of the basin before he was searched—he said he had not taken any—he put his hand into his right-hand trowsers pocket after he took it from the basin—9s. were found in that pocket—in going to the station-house he begged and prayed of me to forgive him, and he said ho would work night and day for me—I told him I could not.
Cross-examined by MR. DOANE. Q. You were shutting up? A. No, I was at the door—the prisoner was told to shut up—he was taking in the meat—I have no till—I put my money loose into this basin—he had been about one week with me—I had previously counted the money—there was 6l. 10s. 6d. in the till in all, and I missed 9s. 6d.
COURT. Q. Had you ascertained the quantity you lost before you gave the prisoner into custody? A. Yes—I counted it, and missed exactly 9s. 6d.
(The prisoner received a good character.)
GUILTY . Aged 15.—Recommended to mercy by the Jury and Prosecutor.
Confined One Month.
JAMES GREENLEAFE . I live at No. 38, Upper North-street, Chelsea, and keep a mangle. The prisoner rented a furnished room in my house six months ago—I gave her notice to leave, and she left on the 13th of February—I missed two sheets, a patch-worked counterpane, and a blanket—I told the prisoner these things were missing, and she said they were gone to be washed—she got away unknown to me—I had her taken after-wards.
THOMAS TATE (police-constable A 62.) I took the prisoner on the 13th of February—she delivered up to me the four duplicates of these things—I found the articles by means of them—these are the duplicates she gave me—(producing them.)
RICHARD CHARLES . I am in the service of a pawnbroker. I have a blanket and some patch-work, which was pawned in September—I cannot say by whom—I have the counterpart of this duplicate—I advanced 1s. each on these things.
JAMES GREENLEAFE re-examined. These are my property—the prisoner got her living by embroidery—there were two sisters living together—one went out to work—the other worked at home—when they came to us they earned 12s. a week each—they both came together.
Prisoner's Defence. I own I have done wrong in pledging the things—I did it through distress, and, had Mr. Greenleafe given me the time be promised, which was two hours from the time he took the door off the hinges and knocked the windows down, I would have got them—when he followed me, and took me in Park-lane, I was taken before the Magistrate, and it was all done in the given time, but I think it was all to distress me more than I was, as he will not let my sister have the frames which I work in, nor any thing to enable me to get my living.
JAMES GREENLEAFE re-examined. Q. Have you got possession of the frames? A. Yes—they owe me 1l. 5s.—I did not take the frames away—I let them stay till the room was let—I cannot say what else I took—they are all packed up in a box—they paid 4s. a week.
GUILTY . Aged 41.— Confined Eight Days.
RICHARD DANIEL NICHOLLS . I keep a broker's shop, at No. 12, Brook-hill, Clerkenwell. On the 12th of February I lost a hearth-rug, which was placed at my door—I saw the prisoner about twenty yards from the door, walking down the hill—I afterwards saw her in custody—I turned my back in my shop in about two minutes, when a girl came running in, and said that a woman had stolen a rug; but when I saw the prisoner and the rug, the man that ran and caught her had the rug.
CHARLES DIBBONS . I live in Silver-street, Clerk en well, near the prosecutor's. I saw the prisoner loitering about—I watched her, and saw her take the rug—I followed, and took it from her—she had it concealed under a green cloak.
Prisoner's Defence. I was in heavy distress, and could not get any thing—I had not had a bit of victuals for two days—I turned out to go to Red Lion-square, to get some tickets for food there, and I took this through distress—the man followed and took me—I am sorry for it—I have got a large family of children.
(The prisoner received a good character.)
GUILTY . Aged 58.— Confined One Month.
830. ELLEN CLAREY was indicted for stealing, on the 13th of February, 2 sheets, value 3s.; and 1 bonnet, value 2s.; the goods of James Roach: 1 gown, value 3s.; 1 shift, value 2s.; and 5 caps, value 2s.; the goods of William Prendiville: and 1 pair of shoes, value 3s., the goods of John Lynch.
JOHN LYNCH . I live at No. 7, George-court, Fox-court, Holborn, in the first-floor room—William and Catherine Prendiville lodge in the same room—they are not relations of mine—James and Mary Roach lived in the same house. I had seen the prisoner on the landing of the house—I missed my shoes between seven and eight o'clock, on the evening of the 13th of February—I got a light, and looked, and found a hat on the stairs—a Mrs. Shaw lodges in the same room with me—I am not married—there are two married couples live in that room—I went up stairs with the light, and found the prisoner with some of the clothes in her arms, and some lying by her on the stairs—I saw Mrs. Roach's bonnet—she came, and I went for a pol iceman—Mrs. Prendiville showed me my shoes, when I came back, down in the bottom parlour.
MARY ROACH . I am the wife of James Roach—I keep the house No. 7, George-court. I went up stairs on the night in question, and found my bonnet on the prisoner's head—she had some of the things on her arm—there was this pair of sheets, which are mine—(producing them.)
Prisoner. This witness never found the property on me. Witness. Yes, I did—I took the bonnet off her head.
CATHERINE PRENDIVILLE . I am the wife of William Prendiville. I lodge in the first floor room—I found the prisoner on the stairs—she had got the sheets and gowns in her arms—I took the shoes out of the things; when I took them out of her arms, there were some caps of mine, a shift, and a gown—we were all in the bottom room—we slept in this room where these
things were—two married women, and their husbands, and John Lynch sleep in that room—there are three beds.
WILLIAM ADAMS (police-constable G 184.) I found the prisoner at No, 7, George-court—she was delivered into custody with this property—she was on her knees, and begged me to intercede for her—her father lives is Tennis-court, Holborn, two or three hundred yards from where she was taken.
GUILTY . Aged 14.— Confined Six Months.
831. GEORGE MOORE was indicted for stealing, on the 18th of February, 1 metal cock, value 1s.; and 12lbs. weight of lead pipe, value 4s.; the goods of George Jewel, and fixed to a certain building; against the Statute, &c.
JOHN CHARLES GOOZEE (police-constable K 45.) On the morning of the 18th of February I saw the prisoner come out of Raven-street, Mile-end-road, with a sack on his shoulders—he crossed over to the corner of North-street—I asked him what he had got—he said, "A few shavings"—I felt and found the sack was hard—he then threw the sack at me, and ran across the road—I pursued him—he fell down, and after a short struggle I took him—I then said, "What is in that sack?"—he said, "Only a few cocks, but do not take me, it is what I get a living by"—I called another policeman, who took the sack, while I took the prisoner to the station-house—this is the property—(producing it.)
PETER BALDRY . I am a plumber, and live at No. 36, Bedford-street, Bedford-square. I know this pipe and cock—(looking at it)—it is my workmanship—I made these joints in this pipe—it was fixed in Mr. Cosgroves, in Raven-street—it is Mr. George Jewell's house—the fixtures belong to him—it is in the parish of St. Dunstan, Stepney—I soldered the cock into the pipe, they were both fixed to the building—I cannot tell when these things were safe.
MARY ANN SHEARMAN . I live as servant at Mr. Cosgrove's, No. 9, Raven-street. This pipe and metal cock were safe the night before it was missed—I do not know the day of the month—the prisoner was stopped in Russell-street, not far from where I live.
Prisoner's Defence. I was hired to carry them, and being out of work I was glad to earn a trifle—the man told me if I was stopped to say I had some shavings—when the officer came to me I put them down at his feet—I did not throw them at him—I did not say I got my living by stealing, but by carrying things.
GUILTY.* Aged 18.— Transported for Seven Years.
JOHN HAMMOND ROWE . I am a watchman at the West India Docks. On the evening of the 20th of February, I stopped the prisoner going out of the Docks—he had a bundle, consisting of a sheep-skin mat, and a piece of carpet—he said he belonged to the Ruby steam-boat, and was going to take these articles to the captain's house—I asked him for a pass—he went back to get a pass—he came again, and said the mate had not paper to write one—I then kept the goods—he said he would go to the captain—I took him on board the Ruby, and they said they did not know him—he then said he took them from a steam-boat, he did not know the name—I took him on board the Courier steam-boat, and he said he got them from there—I found some curtains in his bat—he said he got them from the aft cabin of the same boat.
JAMES TOMS . I was ship-keeper of the Courier, up to the 10th of February. I went on board her on the 20th, and found the sky-light had been broken open, and the vessel robbed—I found the panel of the pantry door broken open, and missed this mat, and pieces of carpet—they were safe at 12 o'clock on the 20th—these are the things I missed—(looking at them)—they are the property of William Peal, who is the owner of the boat.
GUILTY . Aged 18.— Confined Six Months.
JOSEPH MILWOOD . I am in the employ of Mr. Otho Barber and James Hyam—they live at No. 282, High Holborn. About half-past nine o'clock, on the 28th of February, I was standing in my master's shop—my master had a cart at the door—the prisoner came from the opposite side, and took of the coat, which was across the horse's back—he ran off—I pursued, and called "Stop thief"—he was stopped in Lamb's Conduit-passage—the property belongs to both of my masters—the coat was used to put over the horse, and for that only—it is not altered from a coat—it is a common coat—he did not pick it up, but snatched it from the back of the horse.
ROBERT DUCKET (police-constable E 96.) I was on duty in Holborn, and heard the cry of "Stop thief"—I followed the prisoner and overtook him—he had this coat on him, (producing it,) when I took him—I should think it is worth 5s.
Prisoner. I picked it up in the road.
GUILTY . Aged 19.— Confined Two Months.
MARY ROSS . I am a widow, and live at No. 1, Adam-street East, Manchester-square. I keep a silversmith's shop—I have known the prisoner twelve months—he is a tailor—his father keeps a fruiterer's shop in Park-lane, Piccadilly, opposite Gloucester House—his father has plate of me occasionally—on Tuesday, the 13th of February, the prisoner came,
to my shop and asked for half-a-dozen table spoons, and half-a-dozen dessert spoons, which his father would want for two dinners—I asked when I could have them back; he said not till the latter end of the week—he came back in half an hour, returned the dessert spoons, and said the table spoons would be sufficient, and that I could not have them back till Saturday or Monday—the prisoner did not return to me—the father came to me, and gave me, a letter which contained the duplicates of the spoons.
HENRY WILSON . I live with Matthew and William Filmer, pawnbrokers in South Audley-street. I produce half a dozen table-spoons, pledged with them on February the 13th—there was 3l. 10s. advanced on them—the same person who pledged them came again the next day, and requested as much more as he could have on them—I lent him 5s. more—to the best of my belief it was the prisoner—I should not like to swear it—he gave me the name of Charles Ross, and said he lived at No. 1, Adam-street East, and was a housekeeper—I asked who he brought them for—he said they were his own—this duplicate is the one that was given—(looking at it)—I have the counterpart of it—it is the one. I delivered to him the second time.
JONATHAN TURNER . I am a fruiterer, and live at No. 5, Park-lane, I occasionally go to assist at dinners—I have hired plate of Mrs. Ross—the prisoner is my son—I did not send him to get plate of Mrs. Ross, on the 13th of February—my daughter received a letter addressed to neighbour, enclosing one to Mrs. Ross, which contained the duplicates—the letters were both my son's writing—(read)—
"MADAM—I know not how to write to you on the present occasion, but I can assure you that it was from want, and not from depraved principle, I was induced to come to you last week; having been out of work, and not having any clothes fit to go after a situation, and not being able to borrow any money from any person, I was tempted to obtain the plate on hire from you, which I have pledged: it was indeed at the sacrifice of my liberty, but I hope you will forgive me. I do assure you I will, with God's assistance, repay you in a short time. Madam, I pray for you forgiveness, and call God to witness that I will use my utmost endeavours to repay you with all possible speed. Madam, I know not how to apologise further for what I have done, than by craving your forgiveness, and I again assure you that I am telling the truth. Madam, if you will forgive me, I shall feel for ever bound to pray for you, and your welfare,"
GUILTY.* Aged 26.— Transported for Seven Years.
Sixth Jury, before Mr. Sergeant Arabin.
GUILTY .— Confined Three Months.
836. WILLIAM CLARKE was indicted for stealing, on the 1st of March, 9 bottles, value 1s. 6d.; 5 quarts of wine, value 17s.; 1 1/2 pints of brandy, value 5s.; 1 1/2 pints of gin, value 2s.; the goods of John White and another, his masters; to which he pleaded
GUILTY . Aged 45.—Recommended to mercy by the Prosecutor. Confined Six Months.
LOUISA MILLER . I lodge at No. 25, North-street, Manchester-square, and am a servant out of place. The prisoner lodged there—I do not know whAt she is—she slept in the same room with me—on the 14th of February I lost a gown—I went to bed at ten o'clock, and left my clothes on the chair—she slept in another bed in the tame room—it was the gown I wore that night—she got up the next morning, and went away with my gown at half-past eight o'clock—I got up about nine o'clock—I missed my gown, and it was found at a pawnbroker's—I had been there about three months—she had been there only one week.
CATHERINE ENWRIGHT . I lodged in the same room. On Tuesday morning I put my gown into the cupboard, and missed it the same mornning—I got up before the prisoner, and left her in the room—this is my gown—(looking at it)—I had been there one month.
WILLIAM GOULD (police-constable D 148.) "I heard the prisoner was wanted for stealing two gowns. I met her in Dorset-street, with a bottle of rum in her hand—she asked me to have a glass—I told her I could not accept it, she was my prisoner—I took her to the station-house.
GUILTY . Aged 17.— Transported for Seven Years.
(There were two other indictments against the prisoner.)
HENRY BENNETT . I live on Mr. William Thomas Ball's premises, No, 126, Brick-lane—he resides at No. 8, Charlotte-street, Bloomsbury-square—the prisoner has lived with him as his watchman since the fire, which was on the 1st of February—I saw the prisoner on the floor of my master's premises, about half-past seven o'clock on the morning of the 8th of February—as the prisoner was rising, I saw a spoon fall from his breeches pocket—he had sat up there all night—my master kept his silver spoons on the first floor, and the prisoner was on the second floor—I did not see him come from the first to the second floor—he was sitting by the fire when this happened—he talked about going to breakfast, and on standing up to stretch himself, the spoon fell from his breeches pocket—he said, "That is my key," and he put his foot over it to hide it—he then pulled a key from his pocket, and said, "That is my key"—I said, "What is under your foot?"—and when I pulled his foot away, there was
a dessert spoon—he said, "It is an old metal spoon"—he took it from me, and put it on the shelf—I took it, and said, "It is Mr. Ball's spoon"—the prisoner went to his breakfast directly—I kept the spoon till I gave it to my master—the policeman has it.
Prisoner. When I got out of the chair I chucked the cloak across the spoon—and did I not pick it off the ground, and put it on the shelf?—you said, "This is one of Mr. Ball's spoons"—I said, "Is it?"—and did I offer to touch it again—I said, "You had better put it into your pocket"
WILLIAM THOMAS BALL . I live at No. 8, Charlotte-street, Bloombury—I had a fire at No. 126, Brick-lane, where I did live—this happened there—I had the prisoner there to watch the property after the fire—he has been there since the 1st of February—I had a previous knowledge of him—this is my spoon—(looking at it)—the spoons were kept it a cupboard on the first floor—there were none on the second floor.
Prisoner. There was every thing moved to the second floor—there was nothing left on the first floor but some broken bottles. Witness. No, there was nothing moved.
Prisoner's Defence. I was employed as watchman at night, and on this Wednesday, about half-past five o'clock in the morning, I went up stairs, where the boy lay, and called him up—he asked me to leave the candle—I did, and came down into the second floor, and sat there with my brother-in-law—we then went to give the horses some water and victuals—in the meantime, this boy washed up the tea-things—we came back, knocked at the door, and this boy let us in—I sat down in the chair—I had got a wood-frock, a pair of trowsers, and an apron on—I lighted my pipe at a quarter to seven o'clock—at a quarter past seven o'clock I got up to go to ray breakfast; and when I got up, I caught hold of the cloak, and then something fell—I thought it was my key—I felt in my pocket, and said, "No, here is my key"—I then picked up the spoon, and laid it on a bag of halfpence—the boy took it down, held it to the light, and said, "It is one of Mr. Ball's best silver spoons; I will put it into my pocket and deliver it to his when he comes"—I said, "That is the best way"—I went to breakfast, and when I came back, Mr. Ball charged me with wanting to take some of his property, and said he could not think of employing me, I might go home—I asked him to pay me for what I had done—he said he could not think of that—I said I should get a summons—he said I might if I could—I went and got a summons; and on the 19th Mr. Ball attended, and made his statement—the Magistrate said he must not cheat me out of my money, and told him to pay me—when I got down, he wanted to shuffle me out of 3s.—there was 18s. Coming to me—he wanted to pay me off with 15s., but he paid me 18s.—he then said, "I shall give you into custody for felony"—I said, "Very well"—I came into the passage, and gave my wife the 18s.—there was one of the G division there—the prosecutor said to him, "Are you on duty?"—he said, "No"—he said, "I want to give charge of this man;" and he took me—they stood waiting about, but did not go to appear against me that day—I suppose on account of not going before the same Magistrate as they had seen that day—I was locked up all night, and on Saturday I had my hearing, and was remanded for a week—then they made up a story against me—the boy has stated three times as much now as he did then—he never said a word about moving my feet at all—I had three hearings, and then the Magistrate did not know what to do about discharging me.
THOMAS WILLIAM BALL re-examined. He summoned me for 18s.—I never refused to pay it—the Magistrate did not order me to pay it—I paid it before I preferred this charge, as soon as I got to the office—he was remanded three times on another charge.
JURY. Q. Were there halfpence on the shelf f A. I should say there were not—I could not swear it—there was none of mine—I should have given him in charge before, but he got away from me.
NOT GUILTY .
MR. DOANE conducted the Prosecution.
FREDERICK PILCH . I am a journeyman cooper. On the 14th of february I was living in Petticoat-lane—the prisoner lodged in the same room with me—on the 14th of February I received, from Ipswich, a£5 note, of the Ipswich bank—I should know it from its general appearance—when I received it, the prisoner and two young men went with me to the Blue Boar-tap—I believe this is the note, (looking at it,) from its general appearance—I said it was an old looking note, and had a broken back—I have no doubt this is the note I received—the prisoner went with me to the tap on Wednesday evening—on Wednesday night the prisoner went to bed first, and not having had a good opportunity of reading the letter, I took the note out and read the letter—I put the note into the letter again, and put them into my box, which stood between the beds—the prisoner had an opportunity of seeing that—no one else was in the room, and no one else sleeps there—there is no lock to the box—I went to work the next morning between seven and eight o'clock—on the Saturday night I found the letter and bank-note were both gone—the prisoner continued to sleep there from Wednesday to Saturday—about half-past one o'clock on Sunday morning I heard a violent ringing at the door—I looked out, and saw the prisoner and two disorderly females—the prisoner was in liquor, and I gave him in charge.
Cross-examined by MR. PRENDERGAST. Q. Do you know the number of the note? A. I do not—I have not brought any person here that does know the number—the house where I sleep is a hairdresser's shop below—he lets lodgings—there may be from seven to eight lodgers at a time—the box had no lock on it—I never saw the door locked—one of the lodgers is a tailor, another a pot-man at a public-house, one an old gentleman, who is a Jew—I do not know what he is—I do not know whether he carries a clothes bag—I really believe he is not an old clothes dealer—there is another old gentleman of the name of Jones—he is a very good man—I do not know what he is—he goes out in the morning—I think he is something of a messenger—there is Mr. Finch's men, who shaves in the shop—there are no ladies in the house—the prisoner was very much intoxicated on the Sunday night—the door had not been shut long, as I had been sitting up for him—he is a Norfolk man.
MR. DOANE. Q. Have you the slightest reason for suspecting any of the lodgers? A. No.
RICHARD RAY THORP . I keep the Pitt's Head, in the Old Bailey. On Friday, the 16th of last month, between seven and eight o'clock in the evening, the prisoner came to my house and asked me if I would give
him change for an Ipswich£5 note—I took it in my hand, and read it—it was like this—I believe this to be the same—(looking at it)—I returned it to him.
Cross-examined. Q. You do not know the number of it? A. No.
SAMSON GENESE . My brother keeps an auctioneer's office in the Poultry—the prisoner came to me on the evening of Friday, the 16th of February, and asked if I had a dressing-case for about 1l.—he wanted change for a£5 country note—I asked him to let me look at the note—he produced a£5 Ipswich and Needham Bank note—I took the date of it—it was 12th month, 1834—this is the same note—I took such very particular notice of it—I took notice of the name of "Alexander" not being correctly printed, because the man was anxious to have the change, and he wanted me to give him 4l. for it, and then wanted me to lend him 2l.—the next morning I sent our porter to the banker's to know if the note was a good one—the next morning the prisoner came, and our man went with him to Barnett and Hoares, and he came back and showed me four sovereigns and two half sovereigns, and he went off.
Cross-examined. Q. Did he not go with the porter to the banker's? A. Yes, he did—I do not know whether he was able to read—I suppose so—I had seen the prisoner before—I did not know his name till he was at the Mansion-house—I had seen him in our shop before—he was perfectly sober the night before.
HENRY STYLE . I am porter to Samson Genese. On the morning of Saturday, the 17th of February, the prisoner went with me to Barnett and Hoares, in Lombard-street—I went to show him the way—the note was changed in a moment, and gold given for it, four sovereigns and two half sovereigns, by Mr. Cubitt.
Cross-examined. Q. The prisoner was known to your master before? A. I do not know—he offered it in change himself—I think he was drunk.
GUILTY.* Aged 52.— Transported for Seven Years.
CHARLES OVENS . My father's name is William Ovens, he is a boot and shoe maker. On the 18th of February I saw the prisoner take my father's boots from the board outside—he ran away—I told my father—I followed him—he was taken to Bow-street—I am sure he is the person—these are the boots—(looking at them.)
WILLIAM OVENS . I am master of the shop—it is in Newton-street, Holborn—my son called out "Father!"—I went out and saw the prisoner—I ran after him and called "Stop thief"—the policeman caught him, and he dropped these boots from under his arm—they are mine.
GUILTY.* Aged 18.— Transported for Seven Years.
841. WILLIAM WILSON was indicted for stealing, on the 23rd of February, 1 pair of boots, value 1s.; 3 brushes, value 5s.; and 1 1/2 yards of drugget, value 1s.; the goods of Benjamin Vipon: and 1 pair of boots, value 4s.; the goods of Matthew Whiting: and that he had been before convicted of felony.
MATTHEW WHITING . I am groom to Mr. Benjamin Vipon. He lives in Trinidad-place, Islington—the property stated was lost from the stable on the 23rd of February—part of it is mine, and part my master's—it was on the corn-bin—I heard the servant cry out that there was a man in the yard with a bundle—I ran out after him, and saw the prisoner throw these things from him—he had got about a hundred yards from the stable.
GEORGE WALTHAM I am a drover. I heard the servant cry "Stop thief"—I saw the prisoner running—a man stopped him, and I took hold of him—I saw the prisoner drop these brushes, and boots, and carpet—they were taken up by the servant.
(Property produced, and sworn to.)
Prisoner's Defence. I was walking along the square, and saw these things—I did not know who they belonged to—I took them up, and somebody cried "Stop thief."
GUILTY . Aged 16.— Transported for Seven Years.
HENRY NICHOLSON . I am in the service of Mr. Thomas Swatman, a cheesemonger, No. 3, Little St. Andrew-street. On the 27th of February the prisoner came to the window, and took off a piece of bacon—he went off about seventy yards—I saw him, and pursued him, and took him with it—this is it—(producing it)—it is my master's.
Prisoner. It was given into my hand by some person—I do not know who.
GUILTY . Aged 21.— Confined One Month.
THOMAS JONES . I sell packing-cases and other things. On the 18th of February, about eleven o'clock in the evening, I fell in with the prisoner in Brick-lane, Spitalfields—she began talking to me, and asked me the time of night—I pulled out my watch, and told her—I put my watch into my fob, and went down the first street—she went down also, and kept talking to me, and put her hand round me once or twice—I cautioned her not to do it, but she still kept on kissing and hugging me till we came to a court, and there she stopped to pretend to tie up her garter—she went a yard or two up the court, and I went on about a yard or two—I then missed my watch—I went back to her, and asked her to come out, which
she did—I told her she had got my watch—she denied it, and wanted to go another way—I followed her till she came to St. John-street—there was a policeman on the other side—she called him, and said that I charged her with taking my watch—I told him about it—then one policeman took her and felt in her bosom, and she had not got it—I went with the other policeman to the court, and there we found my watch behind some palings—this is my watch—(producing it.)
JOHN BATEMAN (police-constable H 28.) The prisoner and the prosecutor met me about half-past eleven o'clock that night—the prisoner called "Police"—I came over, and heard the prosecutor accuse her of robbing him of his watch—she wanted to get away—he held her by the shoulders, and gave her to me—I took her to the station—the prosecutor and another officer went and found the watch.
Prisoner's Defence. I met the prosecutor—he said, "My dear, where are you going?"—I said, "Home"—he said, "Will you come with me?"—I said, "Where?"—he said, "I am going to turn round here, come round here"—we went down several turnings together, and then he said a word to me that I do not wish to speak—I said, "If you wish any thing, I should like to go to a house"—he said, "I will go to your house"—I said, "You can't, I live with my mother"—he said, "Come down here, and come up this alley" and I said, "I don't much like to go," but we went up the alley, and he began to pull me about—I said, "I shall go home," and then he said, "You have got my watch"—I said I had not—I was going home, and he kept following me, and said I had—I called the policeman, and told him of it, and the prosecutor gave charge of me—he was very drunk.
GUILTY.* Aged 20.— Transported for Ten Years.
844. HENRY KNOWLES and ELIZABETH KELLY , were indicted for stealing, on the 22nd of February, 2 sheets, value 5s.; 1 blanket, value 2s.; 1 quilt, value 4s.; and 1 set of bed-furniture, value 8s.; the goods of Edward Flower.
RUTH FLOWER . I am the wife of Edward Flower—we let lodgings at No. 23, Great North-street, Lisson-grove. On the 19th of February, our lodging was taken by the female prisoner and another young woman—it was the second floor back-room—they took it by the week—the prisoner said she was married, and her husband was a cab driver—she took possession on the 19th, and in the evening, the male prisoner came and passed as her husband—they continued there till the following Tuesday, the 27th—I gave them warning, because when they took my apartment, the woman said her husband drove a cab by night, and she got the key of my street-door, but no man came in—on the Sunday-morning, at three o'clock, the female prisoner came and could not get in—she rang, and the man came down and let her in, and I gave her warning the next
day—I said the reason was, there was a man concealed up stairs to let her in, and that she herself went out—she begged me not to make them go so soon—after that the male prisoner came down—I just saw him open the street door—I ran to the door, and the man and woman were going up the street—I ran up stairs, and found my apartment was robbed—I sent a lodger of mine after them, and I ran after her—we gave the female prisoner into custody, and in going to the station we met the male prisoner with the bundle under his arm, which contained the bed furniture, and these other things were what were pledged—this is cotton bed-furniture.
CHRISTIAN SAXE . I am a pawnbroker. I have a blanket, quilt, and two sheets—the sheets and quilt were pawned by the female prisoner—I cannot say who pawned the other, but it was a female—I have the counter duplicate—they were pawned on the 20th, the 22nd, and the 24th of February.
Knowles's Defence. I took them to pay the rent—I Was out of work—I intended to get them back, which I had the means of doing.
Kelly's Defence. I took them to get some victuals first, and she gave me warning so suddenly that I had not time to get them back.
Confined Six Months.
KNOWLES— GUILTY .—Aged 23.,
KELLY— GUILTY .—Aged 19.
STEPHEN LAWRENCE . I am in the employ of Mr. Peter Pige, a pawnbroker, of Church-street, Bethnal-green. We lost two pairs of trowsers on or about the 9th of January—they were outside, on the window—I saw one pair of them about five or six weeks after—these are them—(looking at a pair of trowsers)—the others are lost.
JAMES JOSEPH REARDON . I am a pawnbroker. In the early part of January the prisoner brought this pair of trowsers to pledge—I stopped them—I believe it was after the 9th of January—I asked her who they belonged to—she said her brother had had them made the Saturday previous—but I saw they had been in a shop, and were soiled with gas—I asked her her brother's name—she said Perkins—I said, "You must leave them and bring him"—she left them, and came again in a day or two, and wanted them back—I said she should not have them but in the presence of a policeman—she then made off, and I did not see her again till she was in the station-house—I am sure she is the person.
Prisoner. I came the same afternoon and told you not to let anybody have them till my brother came, between eight and nine o'clock at night.
Witness. A man came a week or two after, and said he was her brother, but I did not like him, and would not give them to him.
JAMES PERKINS . I am a shoemaker, and live at No. 77, Greenfield-street, Commercial-road. The prisoner came to my house where I then lived, at No. 40, Fashion-street—she asked me if I would go to the pawnbroker's and obtain a pair of trowsers which were stopped—she said she took a pair of trowsers there that a man she lived with had stolen from Mr. Pige's—I did not go to the pawnbroker's for them.
Prisoner. This is the person who said he would go with me between
seven and eight o'clock to get them. Witness. No, I said I should not have done my work.
Prisoner's Defence. Harry Curtis came to me one morning, and said, "Will you take these trowsers to pawn for me?"—I went to the pawnbroker and he stopped them—I did not know what to say, and I said they were my brother's—I went to my brother (the witness) and told him to go with me—he said, "Go, tell them not to let anybody have them till your brother comes between seven and eight o'clock"—I then went home and told Curtis, and he said I had kept them, and not taken them to pawn, and then he made off.
GUILTY .† Aged 23.— Transported for Seven Years.
SUSANNAH WARREN . I live with Mr. James Wallington, a linen draper, at Strutton-ground, Westminster. On the 24th of February, about three o'clock, the prisoner Cox came into the shop, and went out again, and is four or five minutes Brown came in, took this calico, and went out—I went out and saw Brown going down the street with this calico—he went on to Cox's house, and there he was taken with Cox, in about half an hour—this is the calico—(looking at some)—it had been in the back of the shop near the parlour.
Cox. Q. Did I come in? A. Yes, and you hallooed, "Tom"—then you went out, and Brown came in—I was in the parlour—I could see the shop.
Brown. Q. You say I went in? A. Yes, and you went out with the calico in your arms—I could not have you stopped, as there was no one near the door—there are three marks on the calico.
THOMAS BLAKELY . I am a policeman. I heard what had happened, and went and took the prisoners, at No. 9, Snow's-rents, in a room occupied by Cox—I found Brown there—I know Cox lived there with a woman—I found this calico on the bed in the room.
Cox. Q. On what part of the bed was the calico? A. About the middle.
Cox's Defence. I went down to Mr. Brown, the foreman to Mr. Johnson, to see for some work—I was then going home, and saw some persons running—I stopped and talked to some persons—I then went to this room, and had not been in two minutes before the policeman came in—he took this calico off the bed, and collared me and Brown—the policeman had the calico in his possession about three quarters of an hour, and then this woman Warren came, and whether they marked the calico or then, I do not know.
Brown's Defence. I was going to my uncle's, at Pimlico—I went into the Crown and Cushion to have a pint of beer—two young men came in with two bundles, and asked if I wanted to buy some calico—I was in want of some, and I bought it for 4s. 6d.
COX*— GUILTY . Aged 21.
BROWN*— GUILTY . Aged 21.
Transported for Seven Years.
OLD COURT.—Monday, March 5th, 1838.
Third Jury, before Mr. Recorder.
847. MARY ANN STANNARD was indicted for stealing, on the 8th of December, 1 ring, value 4l.; 3 necklaces, value 15s.; 2 buckles, value 3s.; 1 housewife and 1 pocket-book, value 1d.; the goods of Elizabeth Mary Glass.
SEYMOUR LUCOCK (police-constable V 30.) On the 19th of February I took the prisoner into custody at Putney—I found three necklaces and some buckles in her hand—a woman searched her, and found the other articles on her in the station-house—the woman produced them after searching her—that was the housewife and the pocket-book—I produce the articles I found.
Cross-examined by MR. DOANE. Q. What is the value of it? A. I should think 3l. or 4l—the prisoner lived at Putney.
MARY ANN GORDON . I am single, and live with Miss Elizabeth Mary Glass, at Waltham-green—she is my aunt—the prisoner nursed her from the 7th to the 14th of December—I know this ring—it belongs to my aunt—it is gold—I know these two garnet necklaces, this other necklace, housewife, and pocket-book—they all belong to my aunt, and were in her possession when the prisoner came to nurse her.
Cross-examined. Q. Were you living with your aunt at the time? A. Yes; my aunt has known her a great many years, coming backwards and forwards—I have seen her coming backwards and forwards a long time—she was not paid any thing for nursing my aunt—her victuals was found her—she was not on intimate terms with my aunt—my aunt did not give her the things—she is independent.
(MR. DOANE, on behalf of the prisoner, stated that the things were given to her by the prosecutrix for her services.)
JURY to MARY ANN GORDON. Q. Why did she not receive any wages? A. She said she did not come for any wages, and that she would pay my aunt for what she had—she was only there a week—she left on the 14th of December, and was apprehended in February.
NOT GUILTY .
JAMES DARBY . I live in Blackheath-road, Greenwich. About nine o'clock on the night of the 18th of February, I was going along Bishops-gate-street, and felt something at my pocket—I put my hand behind me,
and missed my handkerchief—I turned round, and the prisoner was getting before me, doubling something up, which I suspected to be my handkerchief—he turned up a court, and I collared him—he then threw my handkerchief away—a gentleman coming down the court picked it up at my request, and gave it to me—I took the prisoner to the station-house.
(Property produced and sworn to.)
GUILTY.* Aged 21.— Confined Six Months.
MR. BALLANTINE conducted the Prosecution. SUSAN FREEMAN. I live in Chapel-row, New-road, Chelsea. I know the shop of James Toome—he is a baker, and I dealt with him—on the 11th of December I paid the prisoner 5s. 6d. on his account—he wrote this bill and receipt, and gave to me.
Cross-examined by MR. CLARKSON. Q. Were you before the Magistrate? A. No.
Cross-examined. Q. Were you before the Magistrate? A. No.
Cross-examined. Q. Were you before the Magistrate? A. No.
MARY ANN TOOME . I am the wife of James Toome, who is a baker, and lives at No. 8, Litchfield-street. In December last, he was in gaol, and I conducted the business in his absence—the prisoner was a servant in our employ—I paid him wages weekly—he had 24s. a week—he never gave me any account of 5s. 6d. received on the 11th of December, nor of 3s. 4d. the same day, nor of 10s. on the 18th of December, from Bundy—it was his duty to account for the sums he received every evening—it was the custom while my husband was in gaol.
Cross-examined. Q. How long had he been in the service of your husband? A. About eleven months—my husband went to gaol on the 31st of October—I do not know whether the attorney has the papers from the Insolvent Court.
Q. Do you know William Dockerell? A. I am not certain of the name—I have heard the name of John Frederick Fulford—I do not know a person named Grant—my mother's name is Loader—I have a certificate of her being unable to attend here—these three charges were named before the Magistrate, but they were not gone into—they were certainly mentioned—(Dockerell called in)—I do not know that man—(looking at a man named Grant)—I have seen him about twice.
Q. Now did you prefer any charge but a charge of embezzling a sum of money received from a person named Murray? A. I did; all these five—we also preferred a charge of horse-stealing against the prisoner—this is the paper I produced before the Magistrate—(looking at one)—my husband's name is to it, and this is my mother's mark—she cannot write—it is an account of the sale or transfer of a horse and cart to my mother—the transfer was made last March—it is the same horse we charge the prisoner with
stealing, and which was in my husband's possession, (though sold to my mother in March,) till the latter end of September or October—my mother's name was on it some weeks previous to my husband being arrested; but it remained in our possession—I did not miss it till the 26th of December—my husband by this agreement parted with the horse and cart to my mother in March for money, but is was left in our possession till he went to prison—the prisoner's name was never on it, to my knowledge—my mother's name was put on it on the 2nd of November—stop, don't let me make a mistake, it was the 11th of October—my husband went to prison on the 31st of October—I can't tell when the broker came in—Grant was not employed by me or my husband to paint my husband's name out of the cart—I don't know who did it—I know my mother's name was put on it—it was the only name that had a right to be on it.
COURT. Q. Then it was not your husband's horse and cart? A. It was not, but he was informed it was his as long as he had possession of it.
MR. CLARKSON. Q. When was Mrs. Freeman's debt contracted? A. The bills will prove—I cannot explain about these bills because they are the prisoner's own making out—he ought to have delivered the proper bills—these are not in the book in the same sums as in his bill, because he has received various sums—he has made out a bill received by him previously, and not accounted for it—it is brought forward in our book as not being paid—I sent her a bill of 1l. 0s. 8d.—I received a paper from her, made out by the prisoner, that she only owed 3s. 5d., so that my book will not tally—there does not appear a bill of 5s. 6d.—there is 3s. 4d. due from Mrs. Tills on the 11th of December—that is plain enough—on the 16th of December, here is 1l. 5s. 5 1/2 d. against Mrs. Bundey—I have a son twelve years old.
Q. Now I ask you, whether Grant was employed to take your husband's name off the cart, and paint on Mrs. Loader's? A. I do not know any thing about that—I was not in great distress when my husband went to prison—not particularly—I did get on—ray husband returned to the Insolvent Court all the property he had—the broker came to the house about a fortnight after my husband went to prison, which was in November—the prisoner's wages were 24s. a week—my husband was in prison till the 6th of January—the prisoner's wages were paid in the meantime—I paid them—I have no voucher for it—it is not the custom with us to have receipts for wages.
Q. On your oath, was the prisoner ever paid by you at any time 24s. for wages? A. On my oath he had, every Saturday night, what he had not drawn in the week—sometimes he would have 1s. sometimes 2s., or 3s., according to what he wanted—I never took any voucher—I did not enter it in any book—it is not the custom to do it—it is never done—we do not keep any book to put down those sort of things—I keep no books but what we call a ledger and day books—we have no book for entries of payment of flour, no further than the miller's own books—I have nothing to do with that—when we have flour in, it is put down on one side of the book, and when they receive the money, they put the money down on the other side—we keep no book at all.
Q. Had the prisoner, at any time, to raise money for you and your family, while your husband was in prison? A. Never—he was always too destitute himself, to be able to do it—he did not find corn for the horse
without my giving him money first to do it—he never pawned his coat to get corn for it—he never paid me 5l. in a lump—I swear that positively—he never produced an account to me, to the amount of 4l., paid for me—nor of 22l. odd, paid for my husband—he never produced an account to me of the sale of the truck, nor of the horse and cart.
Q. Were you, at the end of November, in distress to carry on the business for want of money? A. Not more than common—I was in daily difficulty just then, but the creditors were such they would not allow me to be in particular distress—it was a dispute between my husband and his half brother, on which he was arrested—his brother sent him to gaol—I do not recollect any particular distress at the latter end of November.
Q. Did you, at any time, in the presence of Grant, tell the prisoner that you could not go on unless he could assist you with money? A. Never—the prisoner never went to his friends at Romford, to borrow 5l. for me nor my husband—I never heard it—we might have been several times without bread or flour in the house, but I was obliged to find money to get it—I never had any assistance from the prisoner's friends—I always paid the prisoner 24s. a week—he was always in my debt—my husband was supported in prison the same as other people—very frequently I have not been able to supply him myself with money—he has been short of money, but he has had friends to do it, but I always paid the prisoner his wages.
Q. Did he make out a bill of 5l. 14s., and produce it to you, or did you ever have in your possession a bill, made out by the prisoner to that amount? A. I had a bill, hut it was not owing to him—the prisoner gave me the bill—I think it was on the night he left me, but I am not quite certain—I do not know where that account is—I did not take any notice of it, because it was not due to him, nor any of it—it was owing to the man who lent me a sack of flour, but the bread was so bad I would not pay the bill—it was a bill for flour and bread, which I had borrowed—it is the custom of bakers, when they borrow bread one of another, to return it back in bread—the account was made out in the prisoner's name, but I did not consider I owed it to him, and told him so—he said it was in his name, and he should expect to have the money for it—he did not tell me he had pledged his credit with the man for the flour—his credit would not fetch a sack of flour—he could not demand the money for it—he gave me the bill, but. It was a mere form—I will not say on my oath, whether he asked me for the money or not—when it occurred I had no idea of this, and it passed on as a trivial thing—I think, the last time I saw him he demanded money on account of that bill—he certainly did not request me to pay him the amount of the bill—when he brought it he might mention the payment, but never after—he never sent Grant to me to request the payment of it—I never sold the truck to the prisoner for 50s.
Q. Now, after your husband went to prison, did you and the prisoner and Fulford carry on the business? A. I carried on the business, and they served me as journeymen—there were two horses, a cart, and a truck, at times employed in the business—there was money to carry on the business when my husband went to prison—I found money the whole time—there was no money left in the house—if the horses were without food, it was because the prisoner had spent the money which he had for that purpose—he was always supplied with what he asked for for them—he never took away the horse and cart by my desire, nor with my knowledge.
Q. Did you not more than once explain to the prisoner, that you could not carry on the business without means, and ask him to get what money he could on the horse and cart? A. Never—I did not ask him, after the name had been altered on the cart, to take them away, that they might not be found on the premises when the broker came—I never knew that they were gone, till he went away, on the 26th of December—I went round to the stable the night after he left, and then, for the first time, found the horse and cart gone—I cannot tell how long before I had seen them safe—I should say it was nearly a month before—I thought the horse and cart was being used in the business, but the cart was out of repair—he had put me to the expense of 22s. 6d. to mend the wheel, and then he said it wanted more repair, which he said would cost 7s. 6d., and the bill was 22s. 6d.—so the next time when he said it was out of repair I said, "You must do what you can without it, you must use the barrow, I am not going to spend so much money on the cart, there is a barrow, and there is a boy"—I did not tell him to do what he could with it—I did, not tell him to remove the horse and cart before the broker came—there were two horses and a cart—they were not all assigned to my mother—one is the property of my sister—she bought it—it never was mine and my husband's—she bought it last April, and we used it from that time—my sister lived in the Strand—the horse was at our stable, and we had it from April till my husband went to prison, and till the 26th of December, when I missed the whole—the prisoner never pawned his coat to keep the horse alive—he did not pawn it for 12s., about the 13th of November, to get food for the horse—I did not borrow 5l. of him on the horse and cart—nor fivepence—I never did so.
Q. Did you ever send anybody to collect accounts besides the prisoner? A. Not from these customers—the boy has distinct customers from the man—I never sent any strange person besides the prisoner and the boy to receive accounts.
Q. Did not the prisoner receive these accounts, and pay himself during your difficulties as well as he could? A. Never.
COURT. Q. You say he drew money from time to time in the course of the week, did you allow him to retain money which he had received in collecting as money drawn? A. Never—he had it always over the counter.
MR. BALLANTINE. Q. You have said you knew Dockerell who was brought into Court? A. I never saw him until now—Fulford was a boy in the bakehouse as well as the prisoner—I suppose Grant is an acquaintance of the prisoner's—I never made any communication to Grant at all—when Mrs. Freeman was applied to she had paid several sums—up to the 26th of December she owed by the books 1l. 0s. 8d., at which time it appears it was only 3s. 5d.—I think I should know the prisoner's hand-writing—I believe this to be his handwriting—(looking at some bills)—by these it appears he received 4s. from Mrs. Freeman—he has not accounted for that sum.
COURT. Q. How much money do you think you received in all from the time your husband went to gaol till the prisoner left you? A. It is impossible to tell without looking through the books.
MR. BALLANTINE. Q. Here is a bill which says, "Cash 5s.," do you know any thing of that? A. No—my daughter made out this bill—she is here—I do not know whose writing this "Cash 5s." is—it is not my daughter's—I delivered this bill to the prisoner—here is "Bill delivered
7s.," another sum of 4s., and another sum of 9d.—at the time I delivered it to him he did not say a word about having received 5s. cash for it—Mrs. Loader is not here to-day—she is unable to be out—I have a certificate from the doctor—I saw her on Saturday night—she was very ill then, as ill as she possibly could be—she fell down on the second day of the frost and broke two ribs—she is between fifty and sixty years of age, and she cut her head so that it was very seriously fractured—I saw every word of this certificate written by Mr. Angus, of No. 26, Greek-street, Soho—the account given in it of my mother's health tallies with my observation—that is the only reason why she is not here to-day.
MR. CLARKSON. Q. Is this the very paper yon produced before the Magistrate to show why she was not there? A. It was written by the doctor last Tuesday evening—he went to see her purposely—she walker about the house, but not in the street—she has not been out of doors—she goes from one room to the other—I asked the doctor if I might bring her here in a coach—her illness is the only reason of her absence.
MR. BALLANTINE. Q. You have been asked about the horses, have you a family? A. I have—I was not able to attend to the horses myself, the prisoner had the care of them—they were used in the cart—the prisoner never had any authority from me to part with the horses—he never paid me a farthing on account of them, if he did part with them—I did not know of their being parted with till the 26th of December—the bill of 5l. was for flour and bread I believe—I am now liable for that to the parties, and I expect to pay it—I was at the police-office, and had a solicitor attending for me—I acted under the guidance of those who attended for me, in what charges I preferred.
JAMES TOOME . I am the husband of the last witness. I was in gaol during last December—I have since come out, under the Insolvent Act—the prisoner was in my service—he never accounted to me for any sums of money in December or after—he never paid me any money while I was in prison.
Cross-examined. Q. Did the prisoner ever come to you while you were in Whitecross-street? A. Yes—on the first Sunday after I was arrested he came there very much intoxicated, with my horse and cart at the gate—he drove my wife there—he was so tipsy I was glad to get rid of him—his Evans, a baker, arrested me—he is a customer now—I dealt with him—his debt was 90l. when he arrested me—it was for rent over due—the rent of No. 8, Litchfield-street, Soho-square—I was to pay him 100l. a year rent for the house—I had lived there twelve months, as near as possible—I will swear I had been in it twelve months, or thirty years if you wish it—I was nearly born in the house—I was there twelve months as Mr. Evan's tenant—I cannot tell what month I went in, without my books—I could prove by my books—Mr. Evans is my half-brother—I was arrested at my house in Newport-street, some time in October—the latter end or middle—it was he who arrested me—he took me out of my cart that very evening when the prisoner was driving me to my house—I had just done my business—I was not driving to Whitecross-street for the purpose of being met—we had quarrelled—it was a very extraordinary quarrel—it happened about two months before I was arrested—he had never arrested me before, and never thought of such a thing I should hope—I cannot tell the amount of my debts—you have got my schedule—I cannot tell you, I have so many things on my mind—I cannot tell within 200l. nor 300l.—when the
schedule was made up, there was a very trifling difference to pay—when the books were made up, they were nearly balanced, if the debts had been good—(looking at his schedule)—the amount of assets here is nearly balanced, that is, they are about 470l.—I believe that was left, only provided they could get the money—there are some bad and some good—it is nearly balanced if you will reckon all up—I had no value, of course, for rent—I could not pay that, because I had not the means.
Q. Did you hand over any thing to your creditors besides debts? A. I did—the furniture was taken at a valuation—what little there was you will find—the horse and cart has not been mine for twelve months this March—I had sold it to my wife's mother, in this shape, I had had some hundreds of her, and when I wanted more, she would not let me have it without compensation for it—the gentleman who wrote the note is here to prove she lent me 19l. 10s. on it—I could not get more money without letting it go that way—I owed my brother 90l. for rent—nothing else—I bought the business in Lichfield-street of him—I cannot say when—I think it was about six or seven months before I went into the house—I purchased the business before I went into the house—the reason I did not go in was because I had another shop in Pimlico, and could not attend to the two businesses till I disposed of the one at Pimlico—the prisoner came to me more than once in prison—he came about four days previous to my coming out.
Q. Did he tell you the difficulties he had had about the horse and cart? A. Not a word about it—I never saw Henry Moon till he forswore himself at Worship-street.
Q. Did he ever tell you, in the presence of Moon, that he had great difficulty about the horses, that they were unsaleable, and he could get but 50s. for one; and did you answer, "Why, if I had been you, I should have taken it?" A. I never said any thing of the kind—I never told him I must have done with the horse and cart, and he must carry on the business for me as well as he could without them—I should have thought him the last man to carry on the business for me.
COURT. Q. Was your wife with him when he came with the horse and cart? A. Yes, on the Sunday after I was arrested—he was so intoxicated he could scarcely speak to me.
MR. CLARKSON. Q. Did you see him with the horse and cart? A. I was told by my wife and friends that it was at the gate, and they brought my luggage.
MR. BALLANTINE. Q. There appears by your schedule 1600l., and only 400l. owing to you—how do you mean the balance is nearly even? A. I did not expect at the moment that I was in debt to Watney, who lent me 350l., to take possession of the house—I found 350l. to match with that, and 50l. it cost me to make out the lease—Mr. Watney told me he should never ask me for the money—that was what led me to say that the balance was nearly equal—it was never expected for me to pay the money.
MR. CLARKSON. Q. I believe you made the house over to your brother-in-law? A. My brother let me an under-lease—Mr. Watney holds that lease—my brother is a baker—he does not carry on business at present—he is a gentleman now—he served his time to an engraver, but lost his eyesight, and had to go to Bath to recover it—and afterwards he bought the business for 900l.—he never carried on any other business, to my knowledge.
COURT. Q. What do you mean by saying that if the debts were got in it would have pretty nearly balanced?—is the expenditure of the money you had, accounted for in your schedule? A. Yes—if the debts due to me had been paid, that, with the accounts I gave of my annual expenditure, would make out the money I had—I do not mean I could pay 20s. in the pound—I was not three minutes before the Commissioners—I was discharged.
MR. CLARKSON. Q. Were there any petitions? A. There were three, but they would not answer to their names, those that were there—I never had an attorney of the name of Collier—there was a man named Collier, an attorney, I understand, at Worship-street, but I never saw him at all—he came to prove about the horse and cart.
JURY. Q. Respecting the transfer of the horse and cart, was it an absolute sale, or a sort of pledge? A. An absolute sale, being in want of money—I had a memorandum of it—19l. 10s. was then advanced—I had had 300l. before—I considered that as a gift from her, and did not enter that in the schedule—it was previous to my taking the shop in Litchfield-street I had it of her—I had no occasion to account for it—I had it various times.
(MR. CLARKSON called the following witnesses for the Defence.)
JOHN FREDERICK FULFORD . I was employed in the baker's business before Mr. Toome went to prison, and was there with the prisoner after—there was no money left in the house to carry on the business, to any knowledge, after Mr. Toome went to prison—there were only two or three sacks of flour—Mrs. Toome, the prisoner, and myself carried on the business as well as we could after he went to prison—a horse and cart was employed in the business, and there was one horse at grass, at Mr. Strange's at Harrow—I recollect the horses being without food, and the prisoner got the money to furnish them with food—sometimes he asked Mrs. Toome for it—one Wednesday in particular he asked Mrs. Toome for money—she said she could not give him any, she had spent the last for a sack of flour—the prisoner said he would get some—he came down stairs and got a blue coat, and went to Long-acre, and pawned it for 12s.—I went with him—laid 8s. of it out for corn—he told Mrs. Toome so—and he had the other 4s. for himself—I heard him tell her so, and she said, "Very well"—I heard him tell her he had pawned his own coat to get food for the horses—I was standing in the shop at the time.
Q. Now, I do not suppose you remember when Mr. Toome's name was taken off the cart? A. Two or three days before he went to prison—I remember the horse and, cart being taken from the stable—Mrs. Toome knew that it was taken—I think Mr. Jackson was the broker who came—an execution was coming in—he said the things should go in Lagdon's name, and they should not touch her, nor the goods, nor the children—she was crying, and said nothing.
Q. Do you know whether the prisoner raised any money on the horse and cart? A. Yes—I was down stairs when the prisoner put some money on the table, and Mrs. Toome gave me back a sovereign, to get bread with—at that time there was not a morsel of flour or bread in the house—the prisoner told Mrs. Toome, on the Sunday morning, that he was going down to Romford, to his brother's, to borrow some money—his brother is the person who had the horse—I do not know whether he said the 5l. was to be borrowed of his brother on the horse and cart—he said he was going
down to his brother to borrow some money, and he went by the coach on the Sunday—I never saw the money paid—I saw five sovereigns and some silver put on the table on the Monday after—at that time there was no bread or flour in the house—Mrs. Toome was in great distress at the time, to have the means of carrying on the business—I have never heard Mrs. Toome apply to the prisoner for money to carry on the business with—I never heard her apply to him for assistance—on the Monday following the prisoner was gone somewhere, and two strange men were employed to carry on the business—to do what he did, to carry out bread—there was no flour in the house.
COURT. Q. Then, what bread could they carry out? A. She sent for a sack of flour to Mr. Grennall, the baker, in the prisoner's name.
MR. CLARKSON. Q. How do you know she sent for it in the prisoner's name? A. I was standing at the parlour door at the time—I do not know whether she could have got it in her husband's name—Charles Pink went for the flour—it came̵