SIR JOHN COWAN, BART., MAYOR.
CENTRAL CRIMINAL COURT.
MINUTES OF EVIDENCE,
Taken in Short-hand,
BY HENRY BUCKLER.
SESSION VII. TO SESSION XII.
GEORGE HEBERT, CHEAPSIDE.
WILLIAM TYLER, PRINTER, BOLT-COURT, FLEET-STREET.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Held on Monday, May 14, 1838, and following Days.
Before the Right Honourable Sir JOHN COWAN, Bart., LORD MAYOR of the City of London; Right Honourable Sir James Allan Park, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir John Patteson, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir John Taylor Coleridge, Knt., one other of the Justices of the said Court of Queen's Bench; George Scholey, Esq.; and Sir William Heygate, Bart., Aldermen of the said City; the Honourable Charles Ewan Law, Recorder of the said City; Sir Chapman Marshall, Knt.; James Harmer, Esq.; John Pirie, Esq.; John Lainson, Esq.; John White, Esq.; and William Magney, Esq., Aldermen of the said City of London; John Mirehouse, Esq., Common Sergeant of the said City; and William St. Julien Arabin, Sergeant at Law; Her Majesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
COWAN, MAYOR. SEVENTH SESSION.
A star (*) denotes that a prisoner has been previously in custody—An obelisk (†), that a prisoner is known to be the associate of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, May 14th, 1838.
First Jury, before Mr. Recorder.
1139. JOHN BELL was indicted for feloniously receiving, on the 19th of February, 2 pairs of trowsers, value 12s. the goods of James Delor; 1 shawl, value 10s.; 1 handkerchief, value 6d.; 1 petticoat, value 2s.; 1 gown, value 4s.; 1 yard of printed cotton, value 64., the goods of Elizabeth Harrison: 1 handkerchief, value 7s., the goods of Benjamin Williams: 2 pairs, of shoes, value 10s.; 1 shirt, value 10s., the goods of Samuel Andrews: 1 night-cap, value 64.; 2 decanters, value 2s.; 6 sheets, value 4l. 4s.; 4 towels, value 3s.; 4 pillow-cases, value 7s.; 1 table-cloth, value 7s.; 2 handkerchiefs, value 2s.; 4 dishes, value 4s.; 11 plates, value 3s.; 26 knives, value 5s.; 16 forks, value 3s.; 1 flannel shirt, value 3s.; 1 waistcoat, value 3s.; 1 pillow-case, value 3s.; 2 table-cloths, value 7s.; and 1 sheet, value 10s.; the goods of John Starkey, well knowing them to have been stolen; against the Statute, &c.
JOHN STARXEY . I keep the Four Swans, in Bishopsgate-street Elizabeth Starkie lived in my service about five weeks—I suspected her during that time, and on Saturday, the 17th of March, I detected her in stealing some money—she left that evening, and I watched her down to London-bridge, to Tower-street, Leadenhall-market, and various other places—I believe she saw me—I at last traced her to a house in Blacksmith's Arms-place, Whitechapel—I did not see her go into the house—I obtained information there, which led me to No. 8, Lower Chapman-street—I watched that house for several days, day and night, with assistance—on the Thursday I received information, and went and watched there, and in a short time the prisoner came home, he went into the house, came out again, and walked up and down the street twice—he then went into the house again, and brought out two wheels of a truck—he afterwards brought out the rest, and made up the truck—he then sent, his boy on with the truck into Anthony-street, which is just by—he followed the boy there, told him to take the truck up a lane, and while he did so, the prisoner went into No. 5, Anthony-street—he remained in there about five minutes; then came out, walked up and down the street two or three
times; then beckoned the boy, and the truck was taken to No. 5, Anthony-street—the prisoner brought out two boxes, placed them on the truck—he then took away the truck himself, and went towards St. Katharine's Docks—I spoke to Nicholas, a policeman, and we followed him to St. Katharine's wharf—I saw him take the boxes into the wharf, and he gave directions that they should be taken to Hull by the steam-boat—we asked him where he brought them from—he said, "Somewhere out of Anthony-street"—we asked him what number—he said he was not certain, but he thought it was No. 5 or 6—we asked who they belonged to—he said, "To a woman named Ann Cook"—I asked why there was no direction on the boxes—he said the woman was following him down, and was going to direct them—they had no direction to them—I then gave him in charge, and the policeman took possession of the boxes—the prisoner said he did not know the woman; that he was merely engaged to bring down the trunks, and she would pay him when she came down—we went to No. 5, Anthony-street, and saw a woman named Chason there—I inquired there about Starkie, but did not find her by Chason's account—I saw her found in the privy of the adjoining house—I left her in charge of a policeman, and went to No. 2, Lower Chapman-street, from where I had seen the truck brought—I saw some property there belonging to a Mr. Browning—I there found a woman named Bell, who has been convicted—she passed as the prisoner's wife—I gave her into custody—the prisoner said that the house No. 2, Lower Chapman-street, was his—I missed a great variety of articles belonging to myself and my guests while Starkie was in my employ.
JOHN NICHOLAS . I am a policeman. On Thursday afternoon, the 22nd of March, my attention was directed by the prosecutor to the truck which was drawn by the prisoner—I followed it to St. Katharine steam wharf—he was about taking the boxes out, and I asked Mm when he brought them from—he said from Anthony-street, either No. 5 or 6, he did not know which—I asked him why they were not directed—he said a young woman was following him down to direct them, and they were going to Hull—he was then about telling the man on the wharf that a young woman was coming down, who was going by the Hull steamer—they were asking him about their not being directed—I asked if he knew her name—he said he believed her name was Ann Cook, he did not know any thing about her, he was only employed as porter—I then took him into custody, and took possession of the boxes—they were not locked, but corded together, and nailed down—I afterwards went to the house, No. 5, Anthony-street, and made inquiry of Mrs. Chason—she said she knew nothing about Starkie, but I found her in the privy of the adjoining yard; she could get to that from No. 5, as the palings between the two yards were broken down—I knocked at the privy door several times, but could get no answer—I forced it open, and took her—Sarah Bell was brought to the house, and we took her, Starkie, Chason, and the prisoner, to the station-house, together—I asked Starkie for the keys of the boxes—she said she had no keys to them—I asked if they were locked—she said they were not—she treated them as hers.
ELIZABETH CHASON . I am a laundress—I live at No. 5, Anthony-street. I know the prisoner slightly, and also his wile, and Starkie—Starkie passed as the prisoner's sister—I gave her leave to be at my house for a day or two, as she said she wished to be screened from the anger of her husband—when the officers came and applied about her, I denied her being there—I was with her in my parlour when the prosecutor went by
the door, and she said that was the gentleman she was so much afraid of—the prisoner had also asked me to let her stay there a day or two, till she got a situation, as her husband had found her out, and would very much ill use her, (meaning that her husband had gone to her situation, and obliged her to leave it)—the prisoner had brought the boxes to my house on Sunday, the 18th of March, and they remained there till Thursday, when he came and took them away—I did not hear what passed between him and Starkie, except some allusion to her getting a situation and going away, and they sometimes talked about going to Hull, and different places, to go out of the country to get away from her husband—she went by the name of Elizabeth Starkie at my house, not by the name of Cook—I did not know any female there going by the name of Cook—when the prisoner came to take the boxes away, I heard him going to make use of a desperate oath to her, as he was rather in a passion, and I told him not to swear in my place—he said she had cost him many pounds, and was likely to cost him many more—I believe she called him Bell—I never heard him call her any thing particular—he called her his sister—I had known them about six months—they kept a mangle, and I gave my mangling to them—when Starkie wished me to deny her, she went out into the back yard.
WILLIAM SAWYER . I am a police-sergeant Staikie and the two Bells were delivered into my custody—I heard Starkie say to the prisoner, "These things that are marked 'J. B.' are your property, and these things that are marked 'J. S.' are the property of my late husband"—the articles had been looked at by the prosecutor then—the prisoner replied, "Oh, you d—soft one—if J am asked the question I will tell the truth, in what way the things came to my house, and who they belong to—you have no right to bring any more into It than are really guilty—he also said to her, "All that you say will be given as evidence against you"—Starkie was about saying more, but she took the caution he gave her—they spoke to each other as if they were quite on familiar terms.
JOSIAH CHAPLIN . I am a policeman. I took Sarah Bell into custody, at No. 2, Lower Chapman-street—I found there fourteen blue-and-white dishes, and four plates, and other things, but nothing belonging to this charge.
JAMES LEA . I am an officer of Lambeth-street I went to No. 2, Lower Chapman-street, the day after the prisoners were apprehended—I found two keys hanging over the chimney-piece, which opened both the boxes—I produced them on the former trial, and they were lost—they were common lock keys, and appeared the proper keys of the boxes—I found them in the room where Bell slept—there was but one room with a bed hi it, so that he must have slept there—I received some duplicates from a person named Gill—I produce a basket and bag, which I got from the prosecutor—also a key which was found In Starkie's box, at the prosecutor's, in her bed-room—I searched the box at the prosecutor's before she left—one key opened a chest of drawers belonging to Mr. Delves, which he used at the inn when he was there—here is also a skeleton-key—Chapman-street is about a mile and a half from the prosecutor's.
MARY ANN BOUCHER . I was living at the prosecutor's. I saw Sarah Bell, the prisoner's wife, bring that basket to the house—I did not open it—the other servant took it to the bar, and I saw it there—I did not see Starkie at the time—it was opened by the bar-maid—I never saw the prisoner at the house.
premises, and this bag which has a long string to it, would reach from the leads into the yard—I got this sheet from a pawnbroker by this duplicate.
MR. STARKEY re-examined. These plates, knives, and forks, are mine—the plates were made to my order, at Davenport's—my linen is marked "J. S"
DELVES. I am warehouseman, and live in jewin-crescent, Jewin-street In October last I was staying at the prosecutor's—this flannel waistcoat, two pairs of trowsers, and another waistcoat, are mine—they, were in a chest of drawers in my bed-room—they were found in Starkie's box.
Prisoner's Defence. I have been twenty weeks in the London Hospital from an accident in the London Docks—I know nothing about this—I was. to have had 18d. for going down with the truck.
GUILTY . Aged 42.— Transported for Seven Years.
GUILTY . Aged 20.— Confined One Year.
JOHN CHATFIFLD . About half-past seven o'clock on the evening of the 1st of May I was walking up Leadenhall-street—I felt a pull at my shoulder, and on looking round I saw the witness Whitney having hold of the prisoner, who had my handkerchief under his coat—I had felt it safe in my pocket not half a minute before.
THOMAS WHITNEY . I am a labourer, and live in Elizabeth-court, Dock-head; On Tuesday morning, the 1st of May, about half-past seven o'clock, I was going down Leadenhall-street, and saw the prisoner lift up the flap of the prosecutor's pocket, take out his handkerchief, and place it under the tail of his own coat—I siezed him, took the handkerchief from him, and took him towards Aldgate watch-house—he made a desperate resistance, and so did several who were in company with him, by biting my hands, and so on, but I succeeded in lodging him in Aldgate watch-house—the prisoner said, "He is taking me for doing nothing," and tried to excite the by-standers against me, and he was kicking me and trying to throw me down.
Prisoner. I was going along—there was a handkerchief lying down, and this man came and took hold of me. Witness. I saw him lift the flap of the prosecutor's coat, and take it out—I laid hold of the prosecutor and the prisoner at the same time.
(Property produced and sworn to.)
GUILTY . Aged 18.— Transported for Ten Years.
THOMAS ACKLAND . I am a schoolmaster, and live in Colebrook-row, Islington. On the 16th of April, between eleven and twelve o'clock, I was in Little Moorfields—I felt a slight movement of my coat behind, and looked back, but not suspecting any thing, I did not take any notice—in a few minutes I was called to by some persons behind, who asked if I had lost any thing—I felt, and missed my handkerchief, which they produced.
JOHN PALMER . I am a boot and shoemaker in Little Moorfields. On the morning of the at 16th of April I was looking out of my window, and saw the prisoner with another lad—I cannot say whether they were in company, but they were close together—I saw the prisoner draw the handkerchief from the prosecutor's pocket—I went out and called the prosecutor, who missed it—I saw the prisoner drop it on the pavement, when I called to the prosecutor.
Prisoner. He did not see me take it—a boy took it, and chucked it on me—I did not have it—I did not offer to run—I saw it on the ground. Witness. I am sure I saw him take it—he was not a yard and a half from my shop.
(Property produced-arid sworn to.)
GUILTY. Aged 12.—Recommended to mercy .— Confined Three Months.
OLD COURT.—Tuesday May 15th, 1838.
Second Jury, before Mr. Recorder.
EDWARD ALLMN . I live in Talbot-court, Gracechureh-street, and am in the employ of James Debenham. On the 26th of April, between three and four o'clock, I was in his warehouse, and saw the prisoners loitering about for some time—they were evidently in company and near to each other, but I cannot say I saw them speak to each other—in about a minute the prosecutor passed them—Gullen beckoned with his hand to Baker, and both followed him at a quicker pace—I then ran out of the warehouse, ran down the court, and saw them both close on Mr. Burnett—Gullen drew a handkerchief from Mr. Burnett's pocket and threw it behind him—Mr. Burnett immediately turned round and collared Gullen—Winter, the policeman, was standing at the bottom of the court, not three yards off at the time—Mr. Burnett spoke to him—he turned round, took up the handkerchief, and took Gullen into custody, and then secured Baker—they did not make any resistance.
Cross-examined by MR. PHILLIPS. Q. How were you situated as to
the street? A. The warehouse occupies one side of the court—I could see all along the court—I swear I saw Gullen do this.
FREDERICK JOSEPH BURNETT . I was passing through Talbot-court on the 26th of April—I felt something at my pocket—I immediately turned round sharply and saw Gullen's hands going from me to himself—I immediately collared him, and saw my handkerchief four or five feet behind me—I gave him to an officer—my whole attention was called to him, and I did not see Baker—this is my handkerchief—(looking at it.) JOSEPH WINTER. I am a policeman. I was at the bottom of the court standing with my back towards the prosecutor when he collared Gullen—I saw the handkerchief on the ground—I took it up, and Mr. Burnett claimed it—Allen came to my assistance and held Gullen, while I went and took Baker from his information—I searched Gullen, and found two handkerchiefs in the seat of his trowsers and one in his hat—all silk, and different patterns—I found nothing on Baker—I took him about twenty yards from Gullen.
Gullen's Defence. Baker was not near me, nor did I see him till he came to the station-house.
Baker's Defence. I was walking through the court—the witness says I was close behind the prosecutor, and the prosecutor says he did not see me, which he must have done if I had been—I know nothing of the transaction.
GULLEN*— GUILTY . Aged 19.
BAKER*— GUILTY . Aged 18.
Transportd for Seven Year*.
1144. JOHN ALLEN was indicted for stealing, on the 6th of April, 2 bookbinders' ploughs, value 10s.; 10 plough-knives, value 10s.; 112lbs. weight of millboard, value 10s.; and 1 hammer, value 1s.; the goods of Charles Rutt, and another: and on the 28th of April, other goods, value 8s. 6d., his property; to which he pleaded
GUILTY . Aged 29.— Confined Six Months.
(The prisoner received a good character.)
1145. SARAH BROWN was indicted for stealing, on the 14th of April, 12 1/2 yards of linen, value 1l. 8s.; and 1 shawl, value 6s. 6d. the goods of George Hitchcock, and another, her masters; and SUSAN RAISIN for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
GEORGE HITCHCOCK . I am a linen-draper in St. Paul's Church-yard, in partnership with Frederick Rogers. The prisoner Brown has been employed by us as charwoman occasionally for more than three years—on the 16th of April, I noticed her going out into Paternoster-row, and my suspicions were excited—I cannot say whether I lost this lawn and shawl, but I know them to be our property—they have our private mark on them—we never sold them to the prisoner.
Cross-examined by MR. PHILLIPS. Q. You will not undertake to say you never sold them to anybody? A. Certainly not—they may have been sold—it is impossible to say—we have a hundred people in our establishment—I cannot say they were not sold to Raisin; but it is very improbable.
I produce a piece of lawn and a shawl, which wit pawned or the prisoner Raisin for 10s., on the 14th of April—it is new and clean—I know nothing of Brown.
NOT GUILTY .
1146. SARAH BROWN and SUSAN RAISIN were again indicted for stealing, on the 16th of April, 5 1/2 yards of ribbon, value 2s. 9d.; and 3 1/2 yards of silk, value 8s. 1d.; the goods of George Hitchcock, and another.
GEORGE HITCHCOCK . On the 16th of April my suspicions were excited in consequence of what Roe the officer had told me, and I watched Brown, who was charing on the premises—she occasionally came out into Paternoster-row with dirty water, and looked about for somebody—I saw Raisin loitering about the premises, and after some time she approached Brown very closely, and appeared to receive some property from her—I went up and said, "Who is that person?"—Brown said it was a woman who was coming to assist her to-morrow—I took them both up stairs into a room, and got an officer—on Brown was found a comb, and close by her a jewel-case and another comb—the other prisoner was up in another room) and I believe she had managed to get rid of a very handsome comb, and put it into the fire-place—it was found there; and on her person was found some duplicates of our property, but we have ninety people serving in our shop, and it is impossible to swear that goods are not sold—Brown might have taken the property without Raisin's knowledge, but Raisin approached her, and I suppose received that handsome comb—she was loitering about, within thirty feet of the house—she could not see Brown take the property.
JOHN ROE . I am an officer. I was called on to apprehend the prisoners—I found them each in separate rooms—I proceeded to search Raisin—she had a large plaid cloak on—I turned it on one side—she had the bone of half a sheep's head under it—she said she had merely picked it up—I looked in the nostrils of it and found a piece of paper, which I found to be the parts of two duplicates torn to pieces—they referred to the lawn and shawl pawned on the 14th, and the silk pawned on the 16th—the comb was found in the fire-grate.
WILLIAM LTVIEMOEE . I am shopman to Mr. Cotterell, a pawnbroker, in Shoe-lane. I produce a piece of silk and some ribbon, which was pawned to the best of my belief by the prisoner Brown, in the after part of the day.
WILLIAM HITCHCOCK re-examined. These goods are ours, but I cannot swear they have never been sold—I should say I saw. them within a week of the time of their being pawned—it was about ten o'clock sit night that I found the prisoners outside my premises.
NOT GUILTY .
1147. SARAH BROWN was again indicted for stealing, on the 25th of March, 2 collars, value 14s.; and 4 yards of silk, value 8s.; the goods of George Hitchcock, and another. ( Upon which no evidence was offered.)
NOT GUILTY .
I saw the two prisoners in Fleet-street, near Mr. Penn's shop-window—I saw Brannan go to the door, take a pair of boots, go up Bell-yard, and then give them to Kelly—I laid hold of them, and took them out of Kelly's apron.
KELLY— GUILTY . Aged 14.
BRANNAN— GUILTY . Aged 14.
Confined six Months.
JOHN FALKUS . About half-past twelve o'clock, on the 21st of April, I was at the door of the Cock tavern, in Paddington-street—I felt something at my coat pocket, turned round, and felt my pocket-book safe, but found my handkerchief gone—several gentlemen said, "That is the man that has got it," pointing to the prisoner—I collared him directly, and he denied it—a gentleman said, "He has got it up his back"—I said, "Give me my handkerchief"—he said, "I have not got it"—several people said, "He has got it up his back," and at last he put his hand up his back, produced it, and said, "Pray, forgive me; I picked it up in the street"—I said, "Why ask forgiveness if you picked it up?"—he said it was his first offence.
Cross-examined by MR. PATNE. Q. Where did he produce the handkerchief from? A. From up his back—I turned round directly I felt the touch at my pocket—several gentlemen were going into the Cock at the time—this is my handkerchief—(looking at it.)
(The prisoner received a good character.)
GUILTY. Aged 19.—Recommended to mercy .— Confined Three Months.
WILLIAM ROE . I am shopman to John Wills, and another, of No. 9, Poultry. About nine o'clock in the evening of the 9th of April I saw the prisoner take these socks from inside the door, put them before him, and walk away with them—I followed him, and took him to the watch-house, with them—they are the property of my employers.
(Property produced and sworn to.)
GUILTY .* Aged 23.— Confined Six Months.
HENRY BELLINGHAM . I am a tailor, and live in Southampton-row, Russell-square. On the 7th of April I was at the corner of Newgate-street, near the Post-office—I was called out to by somebody, and missed my handkerchief.
ROBERT TYRRELL . I am an officer of the Post-office. On the 7th of April, about half-past nine o'clock at night, I saw the prisoner close behind the prosecutor, and two girls behind him, endeavouring to conceal him—I looked over the girls' heads, and saw the prisoner take the handkerchief from the prosecutor's pocket—I laid hold of him, and took it from his hand—the girls made off.
Prisoner. I picked it up—I did not take it out of the pocket. Witness, I am quite sure I saw him do it.
(Property produced and sworn to,)
GUILTY .†Aged 12.— Confined Six Months.
GUILTY . Aged 22.— Confined Two Months.
EDWARD CURRY (police-constable G 81.) On the 13th of April; about two o'clock in the morning, about day-break, I was in Claremont-square, and saw the prisoner, and another man with him—the prisoner had a bundle under his arm, covered with a handkerchief—I asked him what he had got—he said it was his bundle, and he got it from his master—I took him to the station-house, opened the bundle there, and it proved to be this chaise-apron.
Prisoner. I said I did not know what it was—that I had picked it up in Spitalfields. Witness. He said it was his bundle—after he got to the station-house he said he picked it up, but not before.
CHARLES BENNETT . I am in the prosecutor's service. I know this apron to be his—I saw it safe on Thursday afternoon, between four and five o'clock—I locked it up in the coach-house—between nine and ten o'clock the next morning I went to the coach-house, and it was gone.
GUILTY —Aged 34. Confined Six Months.
ELIZABETH ROUTH . I am in the employ of Edward Manning, and another, linen drapers, in Aldgate. On the 2nd of May, between five and six o'clock in the afternoon, the prisoner came and asked to see some black silk handkerchiefs—I showed some to her, and found her pulling one off the counter—I asked her for it—she said there was not any fallen down—I said there was—she then gave me one off the floor—I showed her several others, and then I saw her take this piece of black silk handkerchiefs, and put it under her shawl or dress—she then looked at some more, and gave me 6d. on one, and said she would call for it next morning—I went to pay the sixpence at the desk, and told Mr. Manning, and one of the young men went out and brought her back—I searched her with assistance, and after we undressed her, on her stepping out of her clothes, we found these black silk handkerchiefs lying by her feet—she said, "For God's sake, don't tell Mr. Manning"—she was given into custody.
step out of her clothes, and then found the handkerchiefs at her feet—she said, "For God's sake conceal them, don't let Mr. Manning see them."
GUILTY *—Aged 19. Confined Four Months.
SARAH STONE . I live in Red Lion-alley, Cow-cross. On the 21st of April, I was near Mr. Boyle's shop, at the corner of Farringdon-street, about six o'clock, and saw the prisoner come up, take the piece of cotton from the door, put it under her shawl, and go away—I gave information at the shop, and a young man came out and took her and the print—she struck me once or twice, and tore my cap and bonnet, for giving the information.
Prisoner. At Guildhall he said he was the master of the shop, and now be says he is only a journey man. Witness. I did not say so.
GUILTY *—Aged 28. Transported for Seven Years.
HENRY GOMM . I am a carpenter, and live in Praed-street, Paddington. On the 9th of April I was drinking tea with my wife, in my back-parlour, and heard footsteps in the passage—in consequence of something my wife said to me I went out into the street, and saw the prisoner walking fast—I followed her—she looked back and saw me coming, and began to run—I caught her round the corner, and found a shirt, petticoat, and night-cap, within a short distance of where she stood—there was nobody else near at the time—I told her to take the things back from where she got them—she began to beg and pray, and said she was very much in distress, and if I would let her go she would never do the like again—I took her back to my house.
MARY ANN GOMM . I am the prosecutor's wife. On the 9th of April I heard footsteps in the passage, and went out—I saw the prisoner on the step of the door going out—she asked me if I could tell her of any one who wanted a woman to wash—I told her I could not, and she went away—I observed something white in a basket she had, and the lid did not shut down close—I went into the kitchen, and missed my husband's shirt, a flannel petticoat, and night-cap, from among the dirty clothes—I told my husband, who went out, and brought the prisoner back with the things—the lid of her basket was closed then, as the things were not in it.
JAMES MATTIN (police-constable T 121.) I took the prisoner into custody, and asked what she meant by thieving—she said she did not now—she thought the devil had set his foot on her—she was quite sober.
(Property produced and sworn to,)
Prisoner's Defence, I went to look for a day's work—I met a woman coming out of the prosecutor's house, but did not take any notice of her—I asked the prosecutrix if she had any employment for me, and on her saying she had not, I went away—the man came after me, and picked the things up from under an archway—he then accused me of taking them—I had been having a little to drink, and do not recollect what I said to him.
GUILTY . Aged 40.— Confined Three Months.
1157. JOHN WILLIAMS was indicted for stealing, on the 10th of April, 1 apron, value 3d.; 1 collar, value 3d.; 3 dusters, value 2d.; the goods of Matilda Richardson: and 1 bag, value 2d.; 5 towels, value 6d.; and 1 gown, value 2s.; the goods of Hannah Foster.
CHARLES HANKINSON. I live in Tottenham-road, Kingsland, and a gardener. On the evening of the 10th of April I was about leaving a piece of garden-ground at the back of the houses in Maberley-place, and saw the prisoner crossing the grounds, and proceed to the premises—he went over the wall—he had no basket or any thing with him—I lost him for about two minutes, and then saw him return—he ran to leap over a ditch, but missed his leap, and fell in—I seized him by the collar and called for the police—he did not resist—he fumbled in his pockets, but I did not see him drop any thing—the policeman searched him, and found a quantity of keys on him—he had a basket when I stopped him, which I gave to the policeman.
HUGH HAGGERTT (police-constable N 174.) I was on duty in Tottenham-road, and heard a noise from Maberley-place—I went forward, and Mr. Hankinson had the prisoner by the collar—he gave him into my custody with this basket of linen—I was proceeding to the station-house with him, and he put his hand in his right-hand coat-pocket, and took from it a key which I took from his hand, as he was going to throw it away—I then took three large skeleton-keys and a screw-driver, three small trunk keys, and one door-key from him—the linen appeared rather damp, as if it had not been long washed—it was rough dried—I afterwards went back to the ditch, and found a screw-driver.
MATILDA RICHARDSON . I am a widow, and five in Maberley-place, in the service of Mrs. Hannah Foster. On Tuesday, the 10th, I went to our back garden, adjoining Mr. Hankinson's—a man called to me, and asked if I missed any thing, and I missed these things—they all belong to me, except two towels and a duster, which belong to my mistress—the things were hanging out to dry.
Prisoner. I picked the keys up—I had nothing to eat the whole day, and not a farthing in my pocket—I did it through distress.
GUILTY .* Aged 50.— Confined Six Months.
1158. WILLIAM DAVIS was indicted for embezzling, on the 27th of February, a Bill of Exchange for £7 7s., which he had received on account of Henry Rowles, Esq., and others, his masters: also, for embezzling, on the 30th of January, another Bill of Exchange for £7 7s.; to both of which he pleaded
GUILTY .— Transported for Seven Years.
NEW COURT.—Tuesday, May 15th, 1838.
Fifth Jury, before Mr. Common Sergeant.
(The prosecutor did not appear.)
NOT GUILTY .
JOHN HAWKINS ELLIOTT . I live at No. 4, Martin-lane, Cannon-street—I have one partner. The prisoner was porter in the employ of myself and my partner up to the time of his being taken into custody—I have not missed a horse-cloth—I cannot say that we have lost one—here is a horse-cloth which I believe to be ours—it is of the same pattern and kind that we usually keep in our stock—they are not very uncommon in the trade—we are saddlers' ironmongers.
Cross-examined by MR. PRENDEBGAST. Q. How long had the prisoner been with you? A. About two years.
EDWARD BARTLETT . I have known the prisoner about six months—on the 31st of March be came to me at the White Bear with this horse-cloth in this paper—he asked me to have half a pint of beer—I thanked him—he wrote upon this paper, and told me to take it, and if be did not come back presently, I was to walk about the Minories—he did not come, and I did walk the Minories.
Cross-examined. Q. How do you get your living? A. By portering—that is the only way in which I get my living at present, because I have no employ in my own business—the prisoner told me to take this parcel to the corner of the Minories, and be would come to the public-house there, and if he did not come in half an hour, I was to walk the Minories—I was taken by the officer, and I told him the same words—he looked to see if the reading was on the parcel, and it was on it—the prisoner wrote this himself—I cannot write.
THOMAS DUDMAN . I am a constable. I was called to take charge of the prisoner—I went to his house in Talbot-court, Gracechurch-street—he came home at twelve o'clock—I asked him where he got that parcel from—he said from his master's warehouse—I was talking about this rug—I then asked what he was going to do with it—his first answer was, that it was going where it was directed.
Cross-examined. Q. How long have you been an officer? A. I have been constable of the ward eight years—I might have beard that, it is not my duty to put such questions to prisoners, but I am not aware of it—we ask those questions of every one that is brought to our place—our watch-house is in Portsoken ward—we have no directions on the subject of questioning them—we do it spontaneously—we do not put down the answers in writing—I believe the other witness was present at the time the questions were put—he was at the house-door in Talbot-court—the questions were put at the house in Talbot-court, and at the watch-house also—I believe the witness was in the room at the watch-house, whether he heard the answers I cannot say—I have been a witness here five or six times, to the best of my recollection—I am one of the inspectors of the watch.
THOMAS BERRY PERCIVAL . I was in the watch-house not in the room, when these questions were put to the prisoner—there is a constable's room parted off—I was not there when any questions were put to this man, and he gave answers—I was not absent from the room above two minutes.
COURT. Q. Did you take the prisoner? A. Yes; I said I wanted him respecting a parcel he had sent by a person to the Minories—he said he had done so—I asked him where it was going—he said to the party to whom it was directed—I said who is that—he said, "Mr. Shepherd"—I said, "Who is Mr. Shepherd?"—he said the party it was going to.
NOT GUILTY .
1161. MICHAEL M'GANN was indicted for stealing, on the 15th of April, 1 handkerchief, value 6d.; 1 collar, value 1s.; 3/4 of a yard of ribbon, value 3d.; and 1 brooch, value 2s.; the goods of Ann Robinson, from her person.
ANN ROBINSON . I am residing with my aunt, at No. 6, White Horse-place, Commercial-road. I went to the Tower, on the 15th of April, about one or two o'clock, to see a soldier, a cousin of mine—I saw the prisoner, and he offered to go with me to a public-house—we did so, and I war to stop there till he fetched my cousin—he came back, and took me to another place, and took me into a room and ill-used me—I had a handkerchief, a ribbon, and a brooch—he took them away from me, and did what he could to me, and then locked me in with another man—he took the handkerchief, ribbon, and brooch away with him—this was not a bad house, it was in the barracks, in the Tower—there were no other soldiers in the room where, he took me—it was between seven and eight o'clock when he let me out of the room—I hallooed "Murder" when I came down.
Prisoner. Q. Did you wear this collar when I met you? A. I had it. in my handkerchief—I did not leave the canteen till you took me to see my cousin—I was only in the place once.
Prisoner. I went to a man to get the key, and we went to this place twice, and had * * * according to her own wishes—she had this handkerchief in her hand, and she left it on the table—I said, "You may as well give me this"—she said, "No," but she had a better in her pocket she would give me—she took off the collar, and said she would stop all night with me, and would put it on in the morning. Witness. I did not give him either of these things—he took them from me—my handkerchief was twisted round my hand, and he took it from me—he locked me up in this room with himself and then after he had done with me, he locked me up with another one—I told the other one that the prisoner had ill-used me—the prisoner let me out—I came down, and told a man that I had lost my things, and he had been ill-using me—he asked me if I should know his name—I said, "Yes"—he said, "Was it M'Gann!" and I said, "Yea"—I had beard another man call him by that name.
JURY. Q. Did you have any money from this man? A. No—he did not have * * * with me—he tried to do so.
PETER M'GOVERN . I am sergeant-major in the 20th regiment—I was passing round the barracks in the Tower, between seven and eight o'clock that night, and saw this young woman crying—I asked what was the matter—she said that a man of the name of M'Gann had kicked her down stairs, and taken a collar, some ribbon, and a handkerchief from her—I had
not stated his name before she said that—I asked the prisoner where the woman's property was—he said he had none of it—I told him it would be better for him to give it up, and have it settled quietly—he then said he would—he told me to come up stairs to his barrack-room—he went to his bed, and lifted up his bolster or pillow, took out the tippet and ribbon and gave them to me.
FRANCIS PADFIBLD . I am a sergeant. I saw the prosecutrix crying—I went with M'Govern, and found the ribbon and tippet under the prisoner's pillow—I asked if that was all he had got—he said it was—I went down to the young woman and she said she had lost a handkerchief—I went up to the prisoner's pouch and found the handkerchief there—this was in the mess kitchen.
JAMES M'BRIAN . I am a corporal. Between seven and eight o'clock, I came out of my own room in the passage, and I saw this young woman crying, and the prisoner kicking her down stairs—she told me a man had ill used her, and taken some things from her.
Prisoner. Q. Did you not see her when we were on parade, about five o'clock? A. No, I never saw her till she was on the stairs.
Prisoner. Q. When I came to you for the key, did I not tell you what purpose it was for? A. I did not give you the key.
Prisoner. There were four soldiers in company with me, who saw her take off the collar, and give me the handkerchief—it was quite agreeable to her that she should stop with me that night, being a stranger in the Tower—the policeman heard it.
JAMES BRADLEY . I am a policeman. I did not hear a word about it—she said he was an entire stranger—the prisoner said, in going along to prison, that there were four soldiers who could disprove it, but not before.
Prisoners Defence. I went to the Chain Canteen, and this woman came and asked for a man I did not know—I said I was going to have some beer with some others, and she might as well come and have some, and she did—it was agreeable to her to stop all night with me—she had a handkerchief in her hand—I said, "You may as well give me this?"—she said she would not, but she gave me another, and she took off the collar and brooch, and put them into my pouch-cap—then she and I went away—we could not get in where we wanted—I then went and got the key from Pidgeon, and she and I went to this place.
GUILTY . Aged 24.— Transported for Ten Years.
(There was another indictment against the prisoner.)
EDWARD PORTER . I live in Little Horsford-street, Goswell-street. My wife died, and a woman named Nightingale, who laid my wife out, brought the prisoner to assist her—on Monday morning, I saw a shawl safe in the box, and missed it on Tuesday—the prisoner was there on the Monday.
Cross-examined by MR. PHILLIPS. Q. Nightingale was the first that came to you? A. Yes, she sat up all night—she asked leave to bring a respectable woman next day—I went out about nine o'clock that morning,
and returned at two—I found Nightingale drunk in my room—it was the next morning J missed my shawl—I have seen her twice—I had her in custody with the prisoner.
Cross-examined. Q. Did you find any duplicate on her for there shawl? A. No.
NOT GUILTY .
HENRY FEREDAY CAMPER . I am an assistant to Robert Upsall, a pawnbroker, in Barbican. On the 12th of June last the prisoner pledged a pair of breeches and a waistcoat for 11s.—I, at the same time* took in a coat of another person, and advanced 25s. on it—I laid them all on a pile of goods behind the counter—it was between eleven add four o'clock in the day—the prisoner had a child with her—she was playing with this child, and pretended to let it fall over the counter—I cautioned her, and she went to the door two or three times to speak to her sister—during this time I missed the coat—I knew where she lived, and went to her house, and charged her with it—she came to our house, and I took her into a back room—she made solemn assertions that she had not seen it—on the Saturday following she came to redeem the breeches and waistcoat, and we could not find them—we thought they might be mislaid—I told her td bring her husband, and we would pay for them—she brought a man whom she represented to be her husband, and we paid a sovereign for them—the breeches and waistcoat are here—the coat is not.
Cross-examined by MR. PHILLIPS. Q. Did you say before the Magistrate one single syllable about going to this woman's house, and taking her to your back room? A. Yes—that was relating to the coat—I had placed these breeches and waistcoat, which she pawned, at the end of the counter with the coat, on a pile of other goods—I was in the shop when she went away—I told the Magistrate that she went to the door two or three times—I did not see her go outside—her sister came to her from the window—I have known the prisoner before—I knew her husband, and knew where she lived.
Cross-examined. Q. Had you known her before? A. Yes, as a regular customer—I did not know where she lived.
(The prisoner received a good character.)
GUILTY . Aged 36.— Transported for Seven Years.
take a young woman out; and as I took her by the hand, the prisoner tore my shawl off my shoulders, and then a companion came and tore my bonnet over my eyes.
Prisoner. You struck me and I struck you, and no one else. Witness. No, I seized her by the face and another person struck me, and the prisoner got away.
ANN CONNELL . I am going on for twelve years of age. I was at this place on the night in question—Mrs. Scott brought two women in to the dance, and then there was a fight—one wanted to dance and the other wanted, and then there was a row, and two men went to fighting—Mrs. Scott came in, and said to a woman, "What brought you here?" and then a woman came over and tore her bonnet—I am not certain whether it was the prisoner that took her shawl off or not—it was taken—I was sitting at the top of the bed—some woman struck Mrs. Scott, and then she struck the woman again—there were thirty or forty people there.
NOT GUILTY .
1165. WILLIAM SNELL was indicted for stealing, on the 31st of March, 1 purse, value 1s.; 1 key, value 6d.; 4 sovereigns, 1 crown, 6 half-crowns, 4 shillings, and 1 £ 5 Bank-note; the goods, monies, and property of George Greenwood, Esquire, from his person.
MR. CLARKSON conducted the Prosecution.
GEORGE GREENWOOD, ESQ . I am colonel of the 2nd Life Guards. I was at the Opera on the evening of Saturday, the 31st of March—between the opera and the ballet, I quitted the stall where I had been sitting, and went to the passage round die pit—as I was going along I felt some one try my coat pocket—I looked round suddenly and saw the prisoner close to me—he had his hat on—that is not very unusual in the pit at the Opera—I passed on about twenty yards—the prisoner followed me—I then went back, and observed the prisoner still following me—I stopped to speak to Mr. Montague, and while speaking to him I felt my pocket, and my purse was there, but I soon found that it was gone—I turned instantly round and collared the prisoner, and said, "You have picked my pocket"—he was close to me—he said I told a falsity, that I was mistaken—the instant I collared him I saw the purse fall on the floor—it appeared to fall immediately from his hand—I picked it up immediately below his hand—I cannot swear that I saw it in his hand—I held him by the collar, and begged Mr. Montague to fetch a police officer—the moment I desired that, the prisoner volunteered to go out of the pit with me—I left go of his collar upon that, and walked with him to the top of the stairs that go down towards the orchestra—directly we got there the prisoner took to his heels and ran down the stairs, through the door into the passage—I ran after him and retook him, just as we came to where the stall tickets are shown—at the very moment that I seized him behind, I believe, the check-taker stopped him before—I have not the least doubt he is the person I had before—I heard him asked why he had run away—he said he did not wish to be stared at—I had not got hold of him at the time he ran—I delivered my purse to the officer—it contained a £5 note, four sovereigns, and 1l. 4s. in silver.
Cross-examined by MR. JONES. Q. What time in the evening was this A. Between ten and eleven o'clock—there were other people there—I believe
the purse fell from his hand, but I did not see it before it was on the ground—myself, my friend, and the prisoner were all standing close together at the moment—the purse was not as near to one foot as the other—I was between Mr. Montague and the prisoner—I do not know that there were people passing—there were people close round—it was in the house that he began to run—it did not create any great disturbance in the Opera—there were people there when he began to run—he was in the act of commencing to go down stairs when he began to run—we had passed through the crowd—there was none in front of us—a gold watch and chain and some sovereigns were found on the prisoner.
MR. CLARKSON. Q. He was very well dressed indeed? A. Yes—he was in the house when I let go of his collar, and many persons had an opportunity of seeing him—I saw twelve sovereigns taken out of a pocket in the waistband of his breeches.
THE HON. SPENCER DUDLEY MONTAGUE. I was in the Opera this night—Colonel Greenwood turned round and collared the prisoner, and picked up his purse close against the prisoner—he turned and said, "What shall we do; will you get a policeman?"—I was going, and the prisoner offered to go to a policeman—there were several persons in the passage, but the purse was nearest the prisoner.
WILLIAM WRAY (police-sergeant A 13.) I was on duty at the Opera, on the 31st of March—I saw the prisoner come in at the door from the neighbourhood of Charles-street, with a person who I knew—they parted as they went in—about half-past ten o'clock I received information from one of the check-takers, and saw the prisoner—he had been stopped—I knew him to be the person I had seen go in—I said, "You are the person that I suspect of the two robberies that have been committed"—I had heard of two—I asked him his name and his trade—he said William Snell, a tailor, and he lived in Greville-street, Hatton-garden—I asked if he had any thing about him—he said, "Yes, I have money"—I then searched him, and in a small pocket, like a watch-fob, found 12l. 10s. in gold—I asked him how many sovereigns there were—he said, "I believe 11l.; I am not sure whether there is so much, there may be more"—he had a gold watch and chain, but no seals—he was dressed very respectably—he said to Colonel Greenwood, "You are mistaken"—I said, "If so, why did you run away"—he said, "I did not like to be stared at."
Cross-examined. Q. Did he not tell you he came from Birmingham? A. Not at that time—he did not tell me where he came from—I did not hear him say that his parents lived at Birmingham—he gave his address, "Greville-street, Hatton-garden"—I went there and found a life-preserver, a cloak, and an Opera tie—when I saw him go into the Opera that night, I suspected he was concerned in two robberies, but there was not sufficient proof to justify me in taking him—I had not seen him before that night—he was pointed out to me.
MR. CLARKSON. Q. Was Ward, his companion, taken into custody? A. Not at that time, as he made his escape—he was taken on the Monday evening following—he was not before the Justice on this charge.
EDWARD GEORGE WHEAL. I am a check-taker. I stopped the prisoner going out of my gate—he was running as fast as he could.
GUILTY . Aged 20.— Transported for Ten Years.
WILLIAM DAVIS . I am a boot and shoe maker, and live in Newgate-street. On the morning of the 10th of April I missed a pair of boots, which were safe only a minute before—these are them—(looking at them.)
JOSEPH CUZENS . I live in Ward's-row, Bethnal-green-road. I was in Newgate-street on the 10th of April, and saw the prisoner take the boots from just within the prosecutor's door—I collared him, and took him back with the boots.
GUILTY . Aged 24.— Transported for Seven Years.
CHARLES MORRIS . I am in the service of Sir Charles Price. On the evening of the 11th of April I went into the harness-room, and found the prisoner with this coat on his back—I accused him of having it on—he denied it several times—I asked him what business he had there—he made no answer, and I had him taken.
Prisoner. I went to the stable—there was no one there—I was coming out, when this man came and shoved me back into the stable—I never had the coat on my back at all. Witness. I found it on his back, but before the officer came in he had hung it on the nail.
GUILTY . Aged 38.— Confined Three Months.
WILLIAM BOWERY. About a quarter past one o'clock, on the 14th of April, I was going down Bishopsgate-street—I had just left my work, at Blue Anchor-yard—the prisoner came and took hold of my collar, and said, "Come along with me"—I told her to go about her business, and at the same time I heard my money rattle—I had four half-crowns and three shillings in my pocket—I cannot tell how her hand got into my pocket—she had not put her hand round me—I found she had the money—I took hold of her, and gave her in charge, and three half-crowns and four shillings were found on her.
Cross-examined by MR. PHILLIPS. Q. What pocket was your money in? A. In my waistcoat pocket—I cannot swear that her hand was near that pocket—she called the watchman, and I gave her in charge—I had not got hold of her when she called for the watch—I was doing nothing to her—she robbed me of three half-crowns and two shillings—I was sober—I cannot say that I felt her hand near my waistcoat pocket, but I heard my money rattle—I looked to see where it was, but did not see her hand near my pocket.
JAMES TYTLAR . I was on duty, and heard the prisoner cry, "Watch"—I went over, and the prosecutor said she had robbed him—she made no reply—in going to the watch-house she opened her right hand, and said she had nothing about her.
WILLIAM BOSTON . I was the night constable. I asked the prisoner what money she had got—she said, "Only one shilling"—I searched her twice, but found nothing—I told the prosecutor—he said he was positive she had it—in searching her again, in her left boot was this glove, with three half-crowns and four shillings in it.
NOT GUILTY .
1169. ANN SMITH was indicted for stealing, on the 21st of March, 1 sheet, value 10s.; and 1 towel, value 1s.; the goods of William Murray, Esq., her master: and ANN HARRISON , for feloniously receiving the, same, well knowing them to have been stolen; against the Statute, &c.
WILLIAM MURRAY, Esq . I am a barrister, and occupy chambers in the Temple. The prisoner Smith was in my employ, as laundress—I went into the country, and left her in possession of my chambers, in July last—while in Scotland my servant died, and on my return it was necessary to give while the things to my new servant—I saw the locks of toe drawers had been forced, or attempted to be forced, and some sheets, table-cloths, napkins, and towels taken away—the articles produced are part of my, property—I have lost nearly 100l. worth of property.
Cross-examined by MR. PHILLIPS. Q. How long had Smith been in your employ? A. About two years—the had a good character when she came to me.
JOSEPH SHACKELL , I am an officer of Bow-street. On the 4th of April I went to Smith's house, No. 5, Yates's-court, Carey-street—I told her my name, and who I was—read over to her two lists of property—she said she knew nothing of it—the prisoner Harrison, who is her mother, told her to hold her tongue—I then showed her some towels which I had from Mr. Murray's chambers, as a pattern—she said she had none like them—I searched, and found these towels—I asked her if they were Mr. Murray's—she said "Yes"—I then went to Harrisons's house, in Little Essex-street, and there found one towel—she said she hoped I would not tell Mr. Murray—I asked if she had been pledging any thing—she said "No"—I searched, and found some duplicates—I went round to different pawnbrokers, and found the whole of this property—I went on the 6th of April, and took Smith, who gave me a pocket-book with ten duplicates in it, which she said were for property of Mr. Murray's.
Cross-examined. Q. When you found the towel at Harrison's. did you say "This is Mr. Murray's?" A. Yes; I mentioned his name first.
SMITH— GUILTY . Aged 29.— Transported for Seven Years.
HARRISON— GUIITY . Aged 60.— Confined One year.
GUILTY. Aged 22. Recommended to mercy .— Confined two years.
1171. THOMAS KEGIN, alias King , was indicted for feloniously uttering an order for the payment of £15, with intent to defraud Thomas Druce; also, for uttering an order for payment of £20, with intent to defraud Richard Frampton, to both which indictments he pleaded
GUILTY . Aged 22.— Transported for Fourteen Years.
1172. HENRY JONES was indicted for stealing, on the 9th of April, at St. Bridget, otherwise Bride, 1 watch, value 3l.; 1 watch-chain, value 5s.; 1 watch-key, value 2l.; 1 seal, value 5s.; 4 rings, value 4l.; 3 lockets, value 3s.; 1 snuff-box, value 1s.; 1 flask, value 8s.; 1 breast-pin, value 5s.; 1 vinegrette, value 15s.; 2 spoons, value 6s.; 1 purse, value 1s.; 6 threepences, 4 twopences, 50 pennies, 7 sovereigns, 3 half—sovereigns, and 1 £5 Bank-note; the property of Henry Wix, his master, in his dwelling-house; and afterwards, about the hour of four in the night of the 9th of April, burglariously breaking out of the same dwelling-house; to which he pleaded
GUILTY . Aged 15.— Transported for Ten Years.
1173. THOMAS RYMER was indicted for feloniously and knowingly uttering a forged £5 Bank-note, with intent to defraud the Governor and Company of the Bank of England; also, for feloniously engraving, without authority, part of a Bank-note; to both of which indictments he pleaded
GUILTY . Aged 22.— Transported for Life.
SAMUEL STRONG . I live at Monkton Hadley, Middlesex, and have a small farm. On Wednesday night, the 2nd of May, my fowls were locked up—on the 3rd of May I missed eight fowls, three of which have been recovered—I saw them before the Magistrate, and know them to be mine—the prisoner was a stranger.
JOHN PESTILL . I live with Mr. Strong. On the 2nd of May I put the fowls into the hen-roost and locked the door, which is in the yard—I went there again about half-past five o'clock in the morning, and found the door broken open, and missed eight fowls—the policeman showed me three afterwards, which I know to be master's—the rest are lost—I do not know the prisoner.
JOHN WAKENELL . I am a policeman. I fell in with the prisoner on the 3rd of May, at Whetstone, about two and a half miles from the prosecutor's, about three o'clock in the morning—he had something under his clothes—I asked what it was—he said he had nothing—I said he had—he then said it was victuals—I wished him to show it me—he felt his clothes, and said he could not get it out—I said" I must have it out"—a scuffle ensued, and we both fell to the ground—he bit my hand, and at last I lost my
hold, and he ran away with a large stick which I carry—when I came near him he swore he would knock me down, and gave me a tremendous blow on the head—I closed on him, and struggled with him—I called a wagoner to my assistance, but when he came the prisoner knew him, and he endeavoured to get him from me, but another person came up and assisted me—I took him to the station-house, and on going back, found two fowls where we had been scuttling, and one I found in his pocket—they were warm, as if recently killed—he whispered to the wagoner, and called him by his name—I snowed the fowls to Pestill.
THOMAS AUSTIN. I am a policeman. I went to Mr. Strong's premises with the prisoner's shoes, and compared them with footmarks about eight yards from the premises—they tallied in all respects.
Prisoner. He said there were more nails in my shoes than in the marks. Witness. There were no nails in them—they corresponded exactly—the nails had been worn out.
Prisoner's Defence. I was going to Highgate that morning, and at the bottom of the hill I went behind a heap of gravel, and saw the fowls lying in a ditch—I picked them up—they felt warm—I put one into my pocket, and the other two inside my jacket, and buttoned it up.
GUILTY —Aged 21. Transported for Fourteen Years.
Before Mr. Justice Patteson.
GEORGE HITCHCOCK . I am shepherd to Thomas Hill, a farmer, living at Pinner. On the 1st of October last I missed a ewe sheep out of a field called Lower-hill, about nine o'clock in the morning—I had seen it safe the night before—I cannot say exactly at what time—I looked about the field, and found the skin of it—I know it by a mark on the near side, H, and a fleur-de-lis—it had not been killed in a butcher-like way—several bits of skin were left in the flesh—I went that evening to a blacksmith's shop at Pinner, kept by Samuel Deer—I found a sack there, and watched all night, thinking the person would come for it, but nobody came—on the following morning I was present when the sack was examined, and in it were two smock-frocks, two shoulders of mutton, and the neck and breast—I afterwards fitted the mutton to the skin, and it corresponded with it, and had formed part of the sheep—I looked at the smock-frocks, but knew nothing of them—they were bloody—they laid on the mutton—I know the prisoner, but do not know how he was employed.
JOSEPH HIGGS . I am a constable of Pinner. I was set to watch the blacksmith's shop, after the sack had been found there, and the next morning I opened the sack and found two smock-frocks—I produce one of them, which I had seen several days before on the prisoner's back, and even on the Saturday night as the sheep was stolen on the Sunday morning—the first time I saw it on him was on the 25th of September, when I had occasion
to speak to him—I noticed this blue mark on it—I was talking to him for a quarter of an hour then, and I do not think there was a night missing but what I saw him pass my door in the same frock—I am able to swear that is the frock he had on the Saturday night before the robbery—there was blood on it when it was found, and on the other also—it has been in my possession ever since—on finding it I made search for the prisoner the same day, Monday—he had been at work at that time on the Birmingham railroad for several months, and lived on the common—I searched for him every where I thought it likely to find him, but could not—I never saw him at Pinner afterwards—in consequence of information I went to the Western railroad, on Wednesday, the 4th of April, and found him at work there, about thirteen or fourteen miles from Pinner—on seeing me, he immediately left his work of pile-driving, and ran away—I followed him for nearly four miles, hallooing "Stop thief"—at last a woman called "Stop thief," and her son, William Smith, stopped him—I had not spoken to him, nor said any thing about what I wanted to take him for—there is no mark, except the blue mark, by which I know the frock—the other frock has no blue mark.
Prisoner. Q. Did you not drink with me on the Monday night? A. No, I did not see you.
Prisoner, He asked me to have a pinch of snuff, and I gave him part of my beer. Witness. It is not true—I saw him on Tuesday at Pinner-green, but he jumped over the corner of the table, and went out before I could get hold of him.
COURT. Q. Did he owe you any money? A. Six and sixpence—I had not asked him for it—he was dressed in a smock-frock when I took him.
JOHN KERLEY . I am a thresher, and live at Pinner. On the 25th of September I had some conversation with the prisoner—I saw him in a little yard belonging to a beer-shop, alongside my orchard—I was talking to him for five or ten minutes, and noticed he had a white smock-frock on, marked with a spot on the arm—it was very much like this one—here is the blue spot, and I had seen him go by my house, about a week before, with a frock marked with a blue spot—this is very much like it—I think it is the same frock.
WILLIAM SMITH . I live in the parish of Hayes. I heard a cry of "Stop thief" from my mother—I saw the prisoner running away, and I ran after him, nearly three quarters of a mile, and at last took him—I said, "You must go back along with me"—he said, "What for?"—I said, "I think you have been and taken something from my mother's house"—he said, "No, I have not"—I said, "You must go back with me and see"—he went back with me, and we met Higgs, the constable—I asked him what he had been at, as the constable was after him, and he said, "The constable is going to take me for sheep-stealing"—this was before I saw Higgs.
WILLIAM SMITH TOOTELL . I am clerk to the Justice. I attended the examination—the prisoner made a statement, which I took down—it was read over to him, and he signed it—this is signed by the Justice—(read)—"The prisoner says, The constable told me, on the Friday before I left Pinner, that if I did not pay 6s. 6d. I owed before Monday, he should take me into custody—I never had but two smock frocks—this is one I have on, and another, which opened down the front with two buttons—I was in at Mrs. Godwin's on Monday, and had a pint of beer—she told me Mr. Hill had lost a sheep, but it could not be me, as I had got my smock frock
on, as some mutton had been found at Young's, with a smock frock—I left Pinner on Tuesday evening—my other frock was very much torn, and I gave it to a young man who bought rags—the frock I have on I bought since; the other one my brother bought for me, at Mr. Webbs's at pinner—he did not buy it for me particularly, but wore it a fewdays, and then gave it to me—I was at Godwin's from half-past nine to ten o'clock at night—I went home to sleep, and went to various places"
SOPHIA GODWIN . My husband keeps a beer-shop, at Pinner. The prisoner came there on the Monday evening after Hill's sheep was stolen—I do not remember saying any thing to him at all—he was dressed in a smock frock—I never took any notice of the frock he wore—as he came in at the front door, I said to my husband, "Why, here is Armstrong, but he has got his smock on"—I was in the kitchen—the prisoner was not a very great way from me—I spoke to my husband, not to the prisoner—he might have heard me.
Prisoner. When she brought me a pint of beer, she said it could not he me, for I had a smock frock on. Witness. I noticed it to my husband, but cannot remember whether I said any thing to him.
SAMUEL DEER (examined by the prisoner.) I have not seen the prisoner at Pinner since this robbery—he has not come and spoken to me at my shop door—the sack was found in a loft above my shoeing-house, on the Sunday night.
GUILTY . Aged 19— Transported for Fifteen Years.
Fourth Jury, before Mr. Common Sergeant.
1176. EDWARD ROLING and WILLIAM COLEMAN were indicted for feloniously breaking and entering the dwelling-house of Henry Gray, on the 11th of May, and stealing therein 4 printed books, value 4s., his goods.
THOMAS HOPKINS . I am a patrol of St. Bartholomew the Greet. I took the prisoners into custody in Smithfield last Friday—Roling had three books, and Coleman had one, which he threw away as he went through the sheep-market, aid the policeman picked it up.
ANN GRAY . I live in Duke-street, Smithfield, and am the niece of Henry Gray. These four books were in his shop at five o'clock, on the 11th of May—I missed them about seven o'clock—they were inside the window, which was broken to get them.
Roling's Defence. I picked up the books, at the top of Duke-street.
Coleman's Defence. Roling gave me one to look at.
(The prisoner Roling received a good character.)
ROLING— GUILTY . Aged 15.
COLEMAN— GUILTY . Aged 14.
Confined Three Months.
missed a sheet and rug, at eight o'clock—I stopped the prisoner with them under his arm—he had left the house—these are them—(looking at them)—when I stopped him he knocked me down.
Prisoner's Defence. On Saturday night I got into St. Giles's—I was rather 1ushy—a girl brought me to these lodgings, and the next morning she took 8s. 6d. out of my pocket, and my shoes were taken away—the girl was gone—I thought the room belonged to the girl, and took the things in revenge.
GUILTY . Aged 28.— Confined Six Months.
1178. FRANCIS HINTON was indicted for stealing, on the 10th of April, 1 pair of pincers, value 4d.; 1 knife, value 4d.; 1 awl, value 1d.; 3 pairs of leather uppers for shoes, value 1s. 8d.; and 2 pairs of instep leathers, value 6d.; the goods of Daniel England, his master.
DANIEL ENGLAND . I am a shoemaker, and live in Montague-street, Spitalfields. The prisoner occasionally worked for me—on the 10th of April, in consequence of information, I went to his lodgings, No. 29 Rose-lane, Spitalfields—I found him there, and found on him a pair of pincers, an awl, and a knife which I had missed—these are them—(looking at them)—they are my property.
GUILTY . Aged 18.— Confined Three Months.
1179. WILLIAM BUTCHER was indicted for stealing, on the 7th of April, 1 purse, value 6d.; 1 sovereign, 1 half—sovereign, 1 half-crown, and 1 shilling; the goods and monies of William Roberts, from the person of Hannah Roberts.
HANNAH ROBERTS . I am the wife of William Roberts, and live at No. 4, Brunswick-street, Crown-street On the 2nd of April I went to purchase some things in a shop—I took out my purse, in which I had one sovereign, one half—sovereign, one half-crown, and one shilling; after paying for the articles I put the purse into my pocket—I pulled my hand out, and the prisoner put his hand in—I felt his hand in my pocket, I turned round, caught him by the arm, and never loosed him till I gave him in charge of the policeman—I saw my purse in his hand—he dragged me out of the shop, and pulled me up to a boy—whether he gave him the purse I cannot tell, but I saw it in his hand, and he had not got it when I gave him in charge.
Cross-examined by MR. PAYNE. Q. Was nobody in the shop besides you and the prisoner? A. My sister and another female—the butcher was there—it was between ten and eleven o'clock at night—the shop was very light—it is in West-street, Somers' Town—there were persons in the street—I am quite sure I saw the purse in the prisoner's hand.
GUILTY . Aged 18.— Transported for Ten Years.
of the 19th of April I was at my desk in the office—I heard a noise—I went down, and saw the prisoner go out of the outer door—I followed him, and when about half-way down Bedford-place—he threw the candlestick from under his coat—I brought him back—a policeman was fetched, and he was given in charge—the candlestick was picked up, this is it—(looking at it)—it is my master's property.
Prisoner's Defence. I was looking after a situation—coming through Great Russell-street I heard a cry of stop thief, and the gentleman laid hold of me.
GUILTY . Aged 18.— Transported for Seven Years.
GUILTY .†Aged 45.— Confined Six Months.
1182. JAMES M'BEAR was indicted for feloniously receiving of a certain evil-disposed person, on the 12th of November, 7 chairs, value U 7s., the goods of John Prior, well knowing them to have been stolen; against the Statute, &c.
SARAH SIMS . I am the wife of Edward Sims, a labourer. I bought these seven chairs of the prisoner's housekeeper, the first week in March, 1887—she came and asked me if I would buy them—I had seen some of them in her front room about a month before—she said I should have the six for 1l., and the arm chair for 6s. 6d.—I said I could not spare the money—she said I need not pay all at once, but might pay a little at a time—she brought them to me the same evening—I paid her on the Saturday night 12s.—I never said any thing to the prisoner about them.
NOT GUILTY .
MARGARET KERSET . I am the wife of Thomas Kersey—he lives at No. 6, Tash-court, Grays Inn-lane. On the 12th of April I hung my clothes out to dry in my yard—I missed a sheet which is now in Court—the prisoner lodged in the house—(looking at it)—this is it.
Prisoner's Defence. The prosecutrix came and asked if I had seen any-body go out into the yard—I said I had not—she said "I have lost, a sheet"—I said, "I know nothing about it"—I went out to look for a
place, and came home between nine and ten o'clock—then she said I had taken the sheet—I declare I am innocent—I never pawned it.
GUILTY . Aged 22.— Confined Three Months.
GUILTY . Aged 19.— Confined Three Months.
(The prisoner received a good character.)
WILLIAM BROWN . I am shopman to Richard Featon, of No. 21, Church-street, Spitalfields. On the 2nd of April the prisoner came to the shop to look at some shawls—the looked at a parcel, and pointed out one which she said she would purchase, and left the shop to get the money from her husband, as she said—I missed one half an hour after she was gone—she did not return—(looking at one)—this is my master's—we have no mark on it, but it is a particular kind of shawl, and the only one we had of the sort—it was in the parcel when I showed it to her—nobody had been to the parcel before I missed it.
Prisoner. Q. Did you show me more than one shawl? A. I took down a parcel, and you sorted them over.
Prisoner. He is not the young man who took it in; it Was the Witness. I am the master.
(The prisoner pleaded poverty.)
GUILTY. Aged 40.—Recommended to mercy by the Prosecutor and Jury .
Confined Three Months.
SUSAN COOPER . I live at William Rigby's, in Sloane-street, Chelsea. On Thursday, the 3rd of April, the prisoner came to the house, and said he had come for the gentleman's boots to stretch—I asked him, "Whose boots, Mr. William's or master's?" he said the gentleman had called in the morning at their shop—I asked who he came from—he said the gentleman called at their shop in the morning, and he had got a new pair to bring—I asked who he came from—he said from Dudley's—I said, "That is not Mr. Williams's boot-maker; his name is Core"—at last I gave him three pairs of boots belonging to Mr. William Rigby—I am certain he is the person—I have not the least doubt of him.
MARY HATLOCK . I am servant to the prosecutor. I remember the prisoner coming for the boots—I am certain he is the person—he said he called for the gentleman's boots—my fellow-servant called me to know if I had any orders about boots going to be stretched—I said no, and she told me to go up and fetch them down, which I did, and saw her give them to the prisoner—he said he should bring them back to-morrow morning with a new pair; but he never came—I am sure he is the man.
Prisoner. I have witnesses to prove that I was at their house at the time—I was taken up at half-past four o'clock.
Witnesses for the Defence.
GEORGE FALSHAW . I live at No. 1, Collier's-court, Golden-lane. On the 3rd of April the prisoner was at our place from nine o'clock until a quarter to two, and was never outside the place—I was at home that day I work at home—I am a saw-maker—my wife was with me-a young man came while he was there—I really cannot say his name just now—I cannot think of it at this moment—he brought a saw to be sharpened—he came about nine o'clock in the morning, and stopped till dinner time—that was one o'clock and after—he did not come with the prisoner—the prisoner, was there before him—the prisoner was up in my lodger's room—he did not come to me—my lodger's name is Hollingshead—he is not here—he has been here nearly all the day, but could not stop—the prisoner was in his room from nine o'clock till a quarter to two—I was down stairs at work, and nobody could go up and down without my seeing them—I saw him go up at a quarter to two o'clock—Mrs. Hollingshead had borrowed a pair of bellows of us, and the youngman went up for them—he is a painter and glazier by trade, but his name is not familiar to me—at a quarter to two o'clock I saw the prisoner come down—he was going after a situation—I have never been in trouble in my life—I am sure it was on the day this was committed, because he was taken up that day—I heard of that three or four, or five or six days after—I recollect that, because he has never been about the place since—it was on the 3rd, I believe—the 3rd, was on a Tuesday—he had been at our house, backwards and forwards, on and off, for about a fortnight—he was there two or three hours, I believe, on Monday, but I never went up to see how long he staid—I did not make it my business to know what time he came on Monday or saturday.
Q. What made you know about Tuesday? A. Because the young man went up for the bellows, about a quarter past eleven o'clock—he was there then, and I will take my oath he was there till a quarter to two o'clock by Cripplegate church clock—I set it down on a slate a few days after, about Wednesday or Thursday—it is on the slate now—I heard he had been taken up, that was the reason I set it down—I did not hear he was taken up for a few days after—I put it down on the slate, because I expected to see him there the next morning, because he used to be backwards and forwards there—he did not come the next morning—I heard he was taken up two or three days after that—Hollingshead and the people up stairs informed us of it—I cannot tell when he was committed—I did not go to the Magistrate, and tell him, this could not be—I never went any where but here—I am a hard-working man, and cannot spare time to go—I have just been fetched out now from my work—Mrs. Hollingshead told me he was going to be committed—I did not know which way to go about it—I never was before a Magistrate, or before anybody in my life—I put down on the slate "3rd April," the day of the month—just to remark the day of the month—I put down the day of the month for many things, for amusement—nobody but the prisoner's mother recommended me to come here—she asked me to come and speak the truth—I do not consider he is guilty—he cannot commit a crime when he is at another place—he is charged with committing a crime somewhere in Sloane-street—I do not
know at what time, that I will swear—I never heard the hour, he was charged with stealing the shoes—I understood it was for stealing a coalskuttle, or something.
CAROLINE FALSHAW . I am the wife of the last witness. On the 3rd of April, the prisoner came to my house at nine o'clock, and went up stairs—I saw him go out of the house at a quarter to two o'clock—nothing particular makes me remember the 3rd of April—I recollect that was the day, because I had a child that was dead, and I recollect the day particularly—the child died on that day—a young man was at our house that day, his name is Staples—he did not come with the prisoner—he came to see me—he came about twelve o'clock—the reason I know that young man was up stairs is, my baby was up stairs with the young man, and I went up with the child—the young man stopped till near two o'clock—he did nothing, only talked to me and my husband—I did not have any dinner that day, nor did my husband—the young man did not stop to dine—there was nobody else there—the reason I know the time so exactly is, my little girl goes to school at two o'clock, and I went to see the time, and it was ten minutes to two o'clock—I think Staples went away after the prisoner was gone—he staid all the time, except going up stairs for an article of mine that was up there—when I went into the room at eleven o'clock, the prisoner had my baby in his lap—that was before Staples came—he did not dine there—I do not know whether Hollingshead is any relation to the prisoner—I know it was the 3rd, because my little baby, who is now dead, would have been four years old on that day—my husband did not write down any thing that day on a piece of paper, or a slate—I saw the slate yesterday and to—day—there is no "3rd of April" written on it—I did not look at it particularly, because it has my husband's work upon it.
EDWARD STAPLES . I am a painter, and live at No. 15, Sidney-street with my father, a painter and glazier. I was at Mr. Falshaw's house—I saw the prisoner there at half-past one o'clock—I went up stairs for the bellows for Mr. Falshaw—I think I was there about half an hour—I came to the house about a quarter after one o'clock, and went out ten minutes to two o'clock—the prisoner was up stairs when I went for the bellows, sitting by the fire doing nothing—I am in the habit of calling on Mr. Falshaw—he is a friend of mine—I did not go on any business particularly—I never was in trouble in my life—I did not stay there above half an hour.
GUILTY . Aged 19.— Transported for Fourteen Years.
NEW COURT.—Wednesday, May 16th, 1838.
Sixth Jury, before Mr. Recorder.
JAMES FURNIVAL . I am a builder, and live in the Minories. I had a quantity of paving slates deposited in Peacock-court, enclosed by a hoard about nine or ten feet high—having lost a great deal of property, in consequence of information I went to Mr. Corfe, in Houndsditch, and in a
back yard there saw two pieces of paving slates, which are my property, imbedded in the ground—the prisoner worked for me some years ago.
Cross-examined by MR. DOANE. Q. Has a house been pulled down there? A. It is vacant ground which I have occupied—it is dug out for a house—the house is partly built—these slated stones were in the cellar, on one side of the vacant ground—they do not appear to have been cut—I suspected the prisoner—I did not tell Mrs. Brown to watch the prisoner—I have private marks on these stones—here is a hard substance on this stone—I did not put it on—it has got several particular chisel marks—that was done when I bought them—I do not believe there are hundreds of this sort in London—I have more of them—the prisoner was discharged in the first instance, and was taken again—he summoned me for wages while he was in my service—I was not angry with him for it—I do not think I had to pay him 10s.—I paid what the Court adjudged.
CHARLOTTE BROWN . I live in Peacock-court. On Friday, the 27th of April, about half-past nine o'clock, or twenty minutes to ten, I came up the court, and saw the prisoner on the other side of the scaffolding, stooping—I asked if he had lost any thing—he said no, he wanted a bit of slate paving—I said, "It neither belongs to you nor me; it belongs to Mr. Furnival"—when I returned, I saw him with a piece of slate on his back.
Cross-examined. Q. You told this same story to the Lord Mayor? A. I Yes, and the prisoner was discharged—I did not see him take the stone—I saw a piece on his back.
SAMUEL CORFE . I live in Houndsditch. I employed the prisoner to p have my yard—he told me he would bring the paving stones—I did not see him do it; but Mr. Furnival found these stones laid down there, which he claimed.
Cross-examined. Q. Then he had repaired the whole of your yard? A. Yes—he had to take it all up, and he said it would require twenty feet of new paving—he was to have 21l. 10s. for doing it—he was to supply what was deficient.
MR. DOANE called
JOHN CARR . I am a master-carpenter, and live in Lane's-buildings, Hoxton Old Town. I have known the prisoner about twenty years—he has worked under me six or seven years running—in March last I sold him between twenty and thirty feet of old stone—some of it was similar to what has been produced—I examined them at the Mansion-house, and saw the edges had been cut—those I sold him were larger, and more uneven than these.
COURT. Q. Then these are different in dimensions to what you sold him? A. Yes; but the stones are of the same kind—I sold them to him in New North-road, which is better than a mile from the prosecutor's, and about a mile from Mr. Corfe's—he took them away in a truck.
NOT GUILTY .
GUILTY . Aged 21.— Confined Three Months.
GUILTY .— Confined Three Months.
JOHN BROWNE BELL . I am one of the proprietors of the Weekly Messenger, the Planet, and other newspapers—I have a partner. The prisoner was employed as clerk and publisher to the firm at a salary—among other things, it was his duty to receive money for advertisements, and all monies that came to the office, and to put it down in his regular book—he was to account to me every day, or at any moment that he might be required to do so.
Cross-examined by MR. CLARKSON. Q. How long has he been publisher? A. Of one paper five or six years—it appears by the receipts when the money was received—this 4l. 4s. appeared to have been received in January, 1838—In March I called on him for a settlement of his accounts, and found there was a deficiency of 58l. 2s. 6d., which he embezzled from the Stamp-office—his father entered into a sort of agreement, and security was given—he paid 10l. and 5l. in the whole, but we were not at all desirous of prosecuting him, and we said, "If you can free yourself from this at the Stamp-office we shall be glad"—I did not at that time know of his having received this sum, nor of many others to a large amount—I cannot tell how much money he gave security for—it was not so much as 90l.—I think it was about 58l. at the Stamp-office, and I think the whole was 61l.—I am not prepared to say whether there was 33l. in cash deficient—I did not inquire of him of what the 33l. consisted—I suppose it was for the newsmen and others who came for the publication—it formed no part of the balance—it appears by the book he was deficient 61l. 2s. 7d.—the Stamp-office account was 58l. 2s. 6d. and there is a deficiency of cash of 33l., but that was the balance of his publication—here are all the items of that account down in his own hand-writing—the sum for which he is now charged is not included at all—here are the sums he received, and the payments he made, and they leave a balance of 33l., which was struck on the 29th of March—we paid the Stamp-office account immediately, and have not been repaid—he paid us 15l.—I have not taken an assignment of his father's book debts—we have had an account of money due to himself—here it is—I applied to Mr. Medcalf, and he paid me 8l. odd—I dare say I have applied to some other persons without getting money—I cannot give the name of any person—I went to the prisoner's house, and saw his wife, and asked whether she would have any objection to our opening the cash-box—it was our box, not his—we expected to find 30l. or 40l. there, but there may have been in this year—I swear most positively last—upon my word I cannot say whether it was in February or not—I believe it was about two, or three, or four o'clock—not so late as six or seven o'clock—we opened the box by his wife's permission—I had a lock-smith there—I did not take out thirty sovereigns—I should think not so many as ten—I think I may safely swear there was not twenty—I cannot tell whether I left any memorandum of it—I have had so much trouble with this man it is not wonderful that my memory is not clear—his wife
was present, also the locksmith, and this gentleman—there might have been another female for aught I know, I am not certain—we have not received 90l.—I suppose we have received in the whole 30l. of the debt that was embezzled from the Stamp-office—I have received a transfer of debts from him—that was for the papers—he paid me 10l. and 5l.—we received some money from Mr. Medcalf, and there may be another—I did not owe the prisoner's father 10l. 16s.—we thought there might be a balance due to the father, but we have found since that 100l., and perhaps 1000l., would not set us to rights—he made out a statement of money due to his father, and we expected it might be right, but we find his father has received sums of money in conjunction with himself—I have no recollection of deducting 4l. 10s. due from our firm for paper.
Q. Did you stipulate for 30l. in cash and 15l. in cash? A. According to the agreement we were to receive the whole of it—the prisoner made a statement of monies being due to him, but we have now proved it is all a fallacy—I do not hold a Bill of Exchange from the father and son as a balance—I do not know of any—I do not know of any memorandum or paper drawn in the shape of a bill—I never had a bill drawn on the father and son for the balance—I have no paper acknowledging a balance of 6l. 3s. due to me.
MR. PHILLIPS. Q. Do you know of any document whatever except the one I produced? A. Upon my word, my recollection does not serve me as to any other—the prisoner had to pay the Stamp Office every month, and instead of doing so, he put it down as paid, and did not pay it at all—we received a solicitor's letter, which caused this discovery—we were called on to pay it, and we did pay it—that is part of the money he stipulated to repay us—I have searched my book over and over again to find if there Is any entry of 3l. 18s. as received from Mr."Barker, but there is none—he is one of our advertising agents.
JOHN JONBS. I am in the service of Richard Barker. On the 6th of January, I paid the prisoner 3l. 18s. on Mr. Bell's behalf—it was 4l. 4s. but there was a discount of 6s.—this is the receipt he gave.
Cross-examined. Q. Will you undertake to say there were not as many as thirty? A. There were not—it is so long ago, I cannot say there were not twenty-eight.
HENRY LAKE (police-constable F 103.) The prisoner was given into my custody at his own house—he stated going along that he had paid nearly 70l. to Mr. Bell for a former account, and he should have made this right if he had not had the book taken from him.
NOT GUILTY .
Cross-examined by MR. CLARKSON. Q. When did you first see Mr.
Bell on the subject? A. I do not recollect the date—it was about a month or five weeks ago—I let him know of this sum at that time.
COURT. Q. When did you first discover that there was an omission of this entry in the prisoner's book? A. About a week or ten days after the discovery of the Stamp Office account, and after I had entered into an arrangement for liquidating that—he did not state this to me—it was discovered from sending a clerk round to see what was due—I did not have any explanation with the prisoner on the subject—I felt myself so indignant at the loss I had sustained, that I would prosecute.
NOT GUILTY .
HENRY DUNTON . I live at West End, Hampstead; my wife is a laundress. On the night of the 10th of April we missed three gentlemen's shirts from the drying ground, which is about twenty yards from the wash-house door.
CHARLES TOMBS (police-constable S 177.) About eight o'clock in the evening of the 10th of April, I heard some one getting out of the hedge which surrounds the prosecutor's garden, and soon after saw the prisoner come running down the lawn adjoining—he came running down by me—he stepped back, and ran into the prosecutor's ground again—I followed him—he then said, "It is the policeman"—I said "Yes"—he said he was coming to look for a brother of his—I said this was not the way, why did not he go to the front door—I then left him, and went to inquire what they had lost—they said three shirts—I went after him, knowing him, and found him in Hampstead, with one shirt on him—I asked him where the others were—he said "Why did not you take the other two?"—I said, "Who were the two?"—he said, "Douse and Grissell"—he said that he took two shirts, and Douse one—he gave one to Grissell, and they had all one a-piece.
Prisoner's Defence. I had the shirt given to me—I was not in the place—it was the other two went in.
(Property produced and sworn to.)
GUILTY . Aged 25.— Confined One Year.
1193. HENRY WATSON was indicted for stealing, on the 11th of April, 1 coat, value 15s.; 1 pair of trowsers, value 5s.; 1 pair of half-boots, value 5s.; 3 keys, value 1s.; 1 key-ring, value 1d.; 3 shillings, 1 sixpence, and 3 pence in copper; the goods and monies of William Henry Grimwade.
WILLIAM HENRY GRIMWADE . I live at Walworth. On the night of the 11th of April the prisoner slept with me at my father's house—he left next morning, and I missed my things—he was afterwards found in Shore-ditch—these are my things.
JAMES CLARK (police-sergeant N 15.) I apprehended the prisoner in Pitfield-street, Shoreditch, about eight o'clock on the morning of the 11th—he had a coat, a pair of trowsers, and a pair of boots, in a bundle—he said they were his own—I asked where he resided—he said at Walworth, but refused to give his address—he persisted in not giving his address—and
did so before the Magistrate, but on searching him I found a letter addressed to the prosecutor's father for him, and that led me to his house—I found on him 3s. 6d., 3d. in copper, and three keys.
Prisoner. I took the things by mistake, is the morning—I did mine up the night before.
WILLIAM HENRY GRXMWADK re-examined. He left an old pair of trowsers, but they were not fit to wear—he left no coat, keys, money, or boots behind him—my father supplied him with food as well as lodging—my father told him he was to go as soon as he could—he did not tail him to go that day.
GUILTY .* Aged 19.— Confined Six Months.
Fifth Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 19.— Confined Six Months.
GUILTY . Aged 30.— Transported for Seven Years.
THOMAS HARRISON (police-sergeant D 14.) On the 12th of April I was called by Mr. Waters, the pawnbroker, who pointed out the prisoner, and gave me these two forks, which he said he had offered in pledge—I asked how he came by them—he said, "Come outside, I will tell you—I said, "No, you must tell me here"—he then said, "They belong to my master, Mr. Heath, No, 11, Albemarle-street."
THOMAS FRIEMAN . I am in the employ of Mr. Waters, a pawnbroker, in High-street, Marylebone. On the 12th of April the prisoner camp and said he wanted to speak to me—I told him to step into the next shop—he said he had got two table-forks that had no mark or crest on them—I was looking at them—he said, "Do not show them to any one, it would ruin me for life"—I then told Mr. Waters, who gave him into custody.
Prisoner's Defence. I went into his shop, being in the habit of going with my own things there—I said, "I come to offer you two of my master's forks, I am so short of money; I want eight or ten shillings, tip my mistress comes home on Monday."
GUILTY . Aged 26.— Confined Six Months.
1197. ALEXANDER CLARKE and ROBERT CONGDON were indicted for stealing, on the 8th of April, 2 gallons of brandy, value 8s.; and 4 gallons of wine, value 10s.; the goods of James Brodie Gordon and another, in a certain vessel, in a certain port of entry and discharge.
March, I gauged ten hogsheads of brandy, marked D with an S under—they were lying in St. Katharine's Dock, which is a port of entry and discharge—they were on the quay when I gauged them—they contained the full quantum, according to my order—I was afterwards called on board the vessel to re-gauge No. 6, which only contained fifty-five gallons—it contained fifty-seven at first—there was a deficiency of two gallons—I took a sample of it, which I have in my pocket.
MATTHEW BUSBY . I am a gauger at the Customs. On the 21st of March, I gauged five pipes, twelve hogsheads, and sixteen quarter-casks of wine on the quay, previous to their going on board—all for shipment, on board the Farsee—the cask marked R 35, contained one hundred and one gallons, and when I re-gauged it on the 10th of April, on board the vessel, it only contained ninety-seven gallons—I took a sample of the wine, which I have here—it is Teneriffe—I never saw the prisoners till they were at the Thames police-office.
JOHN PARKE . I am an officer of the Customs. On the 8th of April, I was stationed on board this vessel—the prisoners were apprentices and sailors on board—I had occasion to go into the forecastle, and there I found this keg containing brandy, in one of the prisoner's berths, I cannot say which—I sent for an officer.
WILLIAM JUDGE . I am a Thames police surveyor. On Sunday afternoon, the 8th of April, I was sent for to St. Katharine's Docks—I went on board the Farsee, and Parke gave me a keg containing rather better than two gallons of brandy—there was no one on board but Parke—I stopped there nearly an hour, and then the prisoner Clarke came on board—I told him there had been some spirits found down in the forecastle, and asked where he slept—he said he slept down there—I asked if he knew any thing about it—he said he did not—I went down into the forecastle with him, and asked him which was his bed—he showed me his berth, and in that there was a jar containing about a pint of wine—I told him, being down there, he must know something about the brandy and wine—he said "I see how it is, there is an information given"—he sat down on the chest, and said "I am done for"—he then said that he and Congdon got it for a sea stock, and to give their friends when they came on board—I took him into custody, and next morning went on board, and saw Congdon—he went down with me into the forecastle, and showed me his berth—I asked him where he got the wine from, and how much there was—he said that he and Clarke took it for a sea stock, and to give their friends—he said he only took the brandy out of one cask—I went into the hold with him, and he endeavoured to find out the hogshead, but they had been all fresh stowed, and he could not; but he pointed out the cask of wine, marked "35 R.," which he said they took the wine from—I then asked him if anybody advised them to do so—he said no; they took it for a sea stock, and to give their friends.
CHARLES TWINING . I am a constable in the docks. The prisoner Congdon was brought to me—I found on him a bladder—it did not contain any thing—it smelt as though it had had wine—the bottom part was dry, and the neck wet.
JOSHUA JUDGE . I am a Thames police surveyor. Congdon was brought to me on Sunday night, the 8th of April—I said, "Have you been drawing off any spirits or wine?"—he said, "No; I know nothing about it"—I said "Your fellow-apprentice says that you and him drew it off together"—he
then said, "I will tell you the truth; we did; it wail for our sea stock, and a little to give our friends that came on board the ship"—I said, "You have taken some on shore"—he said, "No; I have not. I used to bring the wine to the bed place, and turned it into a jar there"—I found a funnel, which he said he bought on shore and used to get the wine and spirits.
PETER JAMES REEVES . I had the management of this vessel in the absence of the commander. After the wine and spirits were shipped on board, they were under the charge of the owners of the ship, James Brodie Gordon and another—they were responsible for all that was on board—I have known the prisoners about four months, and they have been three years with the owners—they bore excellent characters, and they are all willing to take them again.
Clarke's Defence. It was through ill advice we have got into this.
Congdon's Defence. We little thought that the officer would go and drink part of this, and then go and inform against us—he told us how to get it—he put a spile in my hand and said that might be of use—he said, "Can't we have a drop of stuff from below?"—I said, "I think we can"—he supped on board that night, and partook of it two or three nights—he then said, "Can't we have a drop of brandy, a drop of brandy and wine will drink very well"—I said I thought we might, and we got some.
CLARKE— GUILTY . Aged 19.
CONGDON— GUILTY. Aged 19.—Recommended to mercy .
Confined Eight Days.
RICHARD JONES . I am in the employ of William Harris, a cheesemonger in Leather-lane. On the 11th of April, the prisoner came to the shop with another person, who asked the price of something—while she was doing so, the prisoner took the bacon, and went away, and the other followed immediately—I ran after them, called my master from the next shop, and took the bacon from the prisoner—we caught her up the next turning.
GUILTY . Aged 20.— Confined Three Days.
MARY MURPHY . I am a widow. On Saturday last I came to London from Maidstone, on business—I took a lodging in Buckeridge-street, St. Giles's—I went to bed between nine and ten o'clock—the prisoner slept in the next bed—she was in bed before me—she spoke to me—I took my pocket off, and put it under my pillow—it contained two half-crowns, and two shillings—I rolled it up in a bit of paper—I was awoke in the night, and felt something like a hand under my head—I was frightened, and moved down in the bed—a little after I found another sensation, which drew my pocket out, and the string broke, which made a great noise—I started up and said to the prisoner, "You have got my pocket"—she made no answer, but walked to the door—I made an alarm in the place, and the
young roan followed her—she was taken, and the money Was found on her.
GEORGE THORNTON (police-constable E 91.) I heard the alarm about four o'clock on Sunday morning, and saw the prisoner runnings—I took her—the prosecutrix came, and gave charge of her—I said, "What money hare you got?"—she said, "Two half-crowns, and two shillings," and it Was in her pocket—I took it from her—she said she would give it me, but I said no, I would take it.
Prisoner's Defence. My son gave me four half-crowns on the 6th—I changed one and bought some things, and another I changed soon after—I then had two half-crowns, and two shillings—I got up on this morning to go on a little business—the prosecutrix got up and followed me, and said I had got her pocket—I said, "Go and search your bed"—she did and found them—she then cut the strings, and threw one of her pockets on me—when the policeman took me, she came up with her pocket in her hand.
GUILTY .—Aged 55.— Confined Six Months.
ELEANOR GILES . I am the wife of John Giles—he keeps a sale-shop in Church-street, Bethnal-green. On Saturday morning, the 14th of April, the two prisoners came to the shop between one and two o'clock—they did not say what they came for—they looked about and went out—when they were gone, I missed a pair of boots from close to the door on the ground—these are them—(looking at them.)
GEORGE TEAKLE (police-sergeant H 8.) I fell in with the prisoners about a quarter past two o'clock on Saturday, and said I wanted them to go to the station-house—they said, "What for?"—I said I would tell them when we got there—I found Britton had got this pair of boots in her apron—she said she got them from Johnson—Johnson said she got them from a young woman in Cock-lane, and she was to go and pawn them.
Britton's Defence. I went with Johnson to buy a pair of boots, but they had none to suit her—when we got out, she showed me these boots, and asked me to pawn them for her.
(Britton received a good character.)
BRITTON— GUILTY . Aged 17.
JOHNSON— GUILTY . Aged 20. Confined Six Weeks.
HENRY EDWARD LEE . I am a student at Oxford. On the 15th of April, about a quarter before eleven o'clock, I was walking with my father in St. Giles's—I heard a cry of "Stop thief," and saw some person run—I did not see the prisoner till I got to Bow-street, but Mr. Pitcairn told me what had happened—I saw my handkerchief at the station-house—this is it—(locking at it)
JAMES PITCAIRN . I am in the employ of Mr. Robert Stevens. I was about ten yards behind the prosecutor and his father—I saw the prisoner near the gentlemen, and immediately after I saw a white handkerchief in
his band—I caught hold of him, and he pulled the handkerchief one of his Pocket threw it on the ground, and ran down an alley—I called "Stop thief," and ran after him, and took him—two policemen came up, and I handed him to them.
Prisoner's Defence. I know nothing about the handkerchief.
GUILTY .* Aged 15.— Transported for Ten Years.
BARBARA DOMMENGET LEWIS . I am single, and keen a boarding house. The prisoner was my cook for about a month—her 1 child was taken up, and she ran away without claiming her wages—since she left we have missed a variety of things, and amongst others two glasses—I believe these to be them—(looking at them)—I have others like them.
WILLIAM GLASSCOCK . I am a policeman. I had it information of this, and found out where the prisoner lived—on the 5th of April I went with the prosecutor to No. 59, Star-street—the prisoner was not at home—I went again about eight o'clock in the evening, and Went down into the back kitchen, and saw Mr. Dean—I asked if Mrs. King was at home—she said, "No"—I took the candle, went into the passage, and saw the prisoner—I said, "I want you, about the robbery in Manchester—street; whose boxes are these?"—she said, "I know nothing about them"—I said, "I believe the are yours; if you don't give me the key I will break them open"—the prisoner then gave me the key—I was about to open the box, and saw the prisoner hand this reticule to Mr. Dean—I Snatched it, and found in it the duplicate of some of the prosecutrix's property—I then took her to the station-house—I took the boxes, and found some other things look them—in going to the station-house the prisoner said, "I did it for my children."
WILLIAM PARTRIDGE . I am in the" service of Mr. Hull, a pawnbroker. These tumblers were pledged on the 8th of February, I believe, by the prisoner, but I cannot swear to her—this is the duplicate I gave, for them.
Prisoner's Defence. They are my own property—I bought them in the Edgware-road, with others, and I told the policeman so—I told my mistress that I should leave at the end of the month, and it was up the over night.
NOT GUILTY .
1203. ELIZABETH KING was again indicted for stealing, on the 7th of March, 2 packs of playing cards, value 3s.; 2 towels, value 1s.; 1 handkerchief, value 1s.; 6 patty pans, value 1s. 6d.; 2 printed books, value 2s.; the goods of Barbara Dommenget Lewis, her mistress.
BARBARA DOMMENGET LEWIS . The prisoner lived with me month—it was understood she was to go at the end of the month—she went without her wages the day after her mouth expired—I missed a great number of things while she was with me and after she left I went after her with an officer, but she was not at home then.
WILLIAM GLASSCOCK . I found the prisoner al eight o'clock at night in the passage leading to the area—there were several boxes there—she said they were not hers, but when I was about to break them open the key, and said they were hers—I found in them two peakes of cards,
two books, six patty pans, one neck handkerchief, and a duplicate of two towels.
Prisoner. These are all my own property, except the cards, which were lying about the kitchen—the neck handkerchief is my daughter's—the towels are very old, and darned in many places—I pledged them to get victuals for my child and myself.
MRS. LEWIS re-examined. These things are all mine—the books are mine—this handkerchief is mine, I have the fellow to it here off the same piece—it is my mother's hemming—I swear it is mine—these two towels are mine—I hemmed them the contrary way—I chopped a hole in this one day, and my mother darned it.
Prisoner. It is false—I darned it myself—it was not that book that was taken from my box, it was a larger one.
GUILTY . Aged 45.— Transported for Seven Years.
WILLIAM ARNOLD . I am in the employ of Mr. Richard Farrar and another, linen-drapers, Great Russell-street, Covent-garden. On the afternoon of the 17th of April, I saw the prisoner going away with the cotton on his shoulder—I went out and overtook him about three hundred yards off, carrying the print—when he saw me he threw it down and attempted to escape, but I pursued and took him—I never lost sight of him—it had been in the passage.
(Property produced and sworn to.)
Prisoner's Defence. I met a respectable man, who asked me to carry these prints, and when the young man came up he ran away—I had not been near the shop.
GUILTY . Aged 19.— Confined Nine Months.
OLD COURT.—Thursday, May 17th, 1838.
Second Jury, before Mr. Sergeant Arabin.
1205. MARY ANN THORPE was indicted for stealing, on the 19th of March, at St. Ann's, Westminster, 44 yards of silk, value 7l. 4s.; 14 yards of waistcoating, value 4l. 18s.; 3 waistcoats, value 3l. 10s.; 1/2 yard of velvet, value 115.; 1 yard of satin, value 9s.; 1 coat, value 10s.; 2 petticoats, value 7s.; 2 bed-gowns, value 5s.; 1 shift, value 4s.; 1 pair of boots, value 8s.; 1 scent-bottle, value 16s.; 1 snuff-box, value 7s. 6d.; and 2 baskets, value 6d.; the goods of Alexander Knox, her master, in his dwelling-house; and that she had been before convicted of felony; to which she pleaded
GUILTY . Aged 20.— Transported for Seven Years.
GUILTY . Aged 57— Confined Five Days.
1207. WILLIAM CLEAL was indicted for producing to one Martha Davis, a certain letter, impressed with the figure and mark representing the Post-office mark, falsely petending that the said marks were true and genuine, and that the sum of 2d. was payable for its postage; and that he was a regular postman; by which means he obtained the sum of 2d.; with intent to cheat and defraud her; five other counts, varying the manner of stating the charge; there was also another indictment against the prisoner for a similar offence: to both of which he pleaded
GUILTY . Aged 34.— Transported for Seven Years.
Before Mr. Justice Park.
1208. GEORGE WATLING was indicted for stealing, on the 18th of April, 3 post letters, the goods of Thomas William Earl of Lichfield, her Majesty's Postmaster-General, from and out of a certain Post-office.—3rd COUNT, for embezzling 3 letters, he being employed in the Post-office—4th COUNT, for secreting the said letters.
MESSRS. SHEPHERD, ADOLPBUS, and SCARLETT, conducted the Prosecution,
ANN FREEMAN POTTER . I am the wife of the Rev. John Phillips Potter, a clergyman, residing at Boyne-terrace, Notting-hill, Kensington. On Wednesday, the 18th of April, I wrote this letter, (looking at one,) and gave it to the servant, to put into the Post-office—it is directed to Miss Mary Potter, Regency-house, Regency-square, Brighton—she is my daughter—I sent no other letter whatever that day.
ELIZA FULLER . I am servant to Mrs. Potter. On the 18th of April my mistress gave me a letter, which I put into the Post-office at Kensington Gravel-pits, at two or three minutes before four o'clock—it was directed to Miss Mary Potter, Regency-house, Regency-square, Brighton.
JAMES SMITHERS . I am a sub—sorter at the Twopenny Post-office, St. Martin's-le-grand. On the 18th of April I received four letters from Mr. Smith, that president of the Twopenny Post-office—I went to Kensington Gravel-pits, and put two of them in at the receiving-house there, and two at Bays water, between two and four o'clock—these are the four letters—two of them have the Bays water Post mark on them, and two the Kensington Gravel-pita Post mark—one is addressed to "James Somers, Esq., St. John's College, Cambridge, double"—that has the Kensington Gravel-pits Post mark—another is addressed to "Messrs. W. and Thos. Dill, calico printers, Macclesfield, double only," and has the Bays water Post mark—another to Messrs. Smith and Son, Nottingham, with the Kensington post mark, and the other to Messrs. Jones, bankers, Darling, with the Bays-water Post mark.
Cross-examined by MR. PHILLIPS. Q. Did you know whether there was any enclosure in the letters? A. I was not told.
FRANCIS EDWARD BREWER . I am the son of the receiver of letters at Kensington Gravel-pits—I assist my father in the duty. (Looking at three letters)—these have the Post mark of my father's receiving-house—if they had been posted at our receiving-house on the 18th of April, before four
o'clock, they would have gone out at a quarter past four o'clock to the Post-office at Kensington town—the Bays water postman would have taken them—I delivered the letters that day to John New, the postman.
ELIZA GILES . My father keeps the receiving-house at Bays water—I assist him in the duty. These two letters (looking at them) bear the stamp mark of our receiving-house—if they were posted at our house before four o'clock on the 18th of April, they would be sent to Kensington-town Post-office, at a quarter past four o'clock—I delivered the letters to John New that day.
JOHN NEW . I am a Twopenny-Post letter-carrier at Kensington, I collect the letters from Bays water office and Kensington Gravel-pits, and take them down to Kensington office to be forwarded to London—on the afternoon of the 18th of April I received letters from those two offices, and took them to Kensington office, into the sorting office—I gave them to the prisoner, who was the sorter there that day—they would be sent away a little before five o'clock to London.
Cross-examined. Q. What is the prisoner? A. A letter-carrier—I take the letters all down to the office, and he sorts them, separating the Twopenny from the General—he might in the hurry of the moment mix the Genera letters with the Twopenny—I have known him as a sorter about twelve months in that district.
COURT. Q. How many letters do you think you carry on an average? A. More than fifty from the two offices—it does not require any great time to separate them.
MR. ADOLPHUS. Q. Were all the letters you gave the prisoner to sort to go to London of? A. Yes.
ROBERT SMITH . I am superintending president of the Twopenny Post Office so London. The prisoner is a letter-carrier, and has been employed about ten years—he has been employed in several districts at Greenwich, Camberwell, and then at Kensington—he was employed at Kensington in sorting and delivering letters—letters which come from Kensington to London are sometimes taken by a rider, and sometimes by a mail cart—the prisoner was removed to the Kensington district about twelve months since—we have had a great many complaints of the loss of letters to and from Kensington, within the last twelve months—of letters passing through that post-office—on that account, these four letters were directed and sent to me—I directed them to be posted at Kensington and Bays water, by the witness Smithers—on the 18th of April, about the time these letters would come to London, J went to a house very near the Kensington Post-office, and when the mail-cart came up with the bags, I stopped it, and took, from the man who was driving, the Kensington London bag, which was sent from the Kensington office—it was sealed—I took it into the house, opened it, examined it, and found two of the letters which had been posted at Kensington, missing—the one addressed to St. John's College, Cambridge, and the one addressed to Messrs. Dill—one marked "double," and the other "double only"—the other two letters were in the bag—we had previously arranged to have the police in attendance, and if any thing was amiss, to give a signal—a signal was given—the officer was directed to detain all the carriers, and particularly to watch the prisoner—we immediately proceeded to the Post-office at Kensington, and on arriving at the door, found the prisoner in custody of Peak, the officer, who had give the letter addressed to Mr. Somers, I think, in his hand—the
prisoner was taken into a room and searched, and the letter for Messrs. Dell, of Macclesfield, was found on him; and another letter, addressed to Miss Potter, Regency-square, Brighton, was taken from his waistcoat-pocket—I looked at the letters—they had the post-mark on them, and were precisely in their present state—other letters were found on him, some of which he should have delivered at two o'clock that day—the one addressed to Miss Potter was on thick paper, and might be mistaken for a double letter—these are the covers of the letters which were found in his pocket, tied together—(looking at them)—I think there were eight altogether—they should have been delivered by three o'clock that day—they had been dispatched from London at one o'clock that day, and should have been delivered before he returned to the office—the letter directed to Miss Potter was not tied up with these letters, but the others were tied up.
Cross-examined. Q. Those were twopenny-post letters which lie is not charged with having stolen? A. Yes—he did not tell me they were letters he had forgotten to deliver at the two o'clock delivery—I was present when he was searched, and these letters found upon him—the letter directed to Miss Potter was, I think, taken from his pocket, with these, but was not tied up with them—there have been complaints in many parts of the Post-office, but not to the extent there has at Kensington—there are seven sorters and carriers in that district, besides the prisoner.
COURT. Q. Who is the post-master? A. Thomas William Earl of Lichfleld.
MATTHEW PEAK . I am a police-officer. On Wednesday, the 18th of April, I went to Kensington, by direction, to watch the prisoner—I saw the mail-cart come up from Hounslow, and stop at the Post-office—I saw the prisoner come out of the office, and go into Mr. Roe's, two doors from the office—I told him to consider himself in my custody, I was an officer—he stood a little while, and I asked him if he had got his letters for delivery—he said yes—he paused a short time, then put his hand into his inside coat-pocket, took a letter out, and said, "God bless me, I have forgotten to put this into the bag"—I said, "You must accompany me to the Post-office"—the letter was addressed to "James Somers, Esq., St. John's College, Cambridge"—I took him up stairs to the first-floor, at the Post-office, and commenced searching him—Mr. Smith and Mr. Peacock, the solicitor, were present—in his left-hand waistcoat-pocket I found this letter addressed to "Messrs. Dell"—in his right-hand waistcoat pocket I found several letters tied up, and one not tied up—that one was directed to "Miss Potter, Regency-house, Regency-square, Brighton"—I handed the letters to Mr. Smith, who returned me Miss Potter's letter—I said to the prisoner, "How do you account for having these two letters in your possession?" meaning the two I had taken out of his pocket, directed to Dell and Potter—he said, "I must have taken them up by mistake"—when he gave me the first letter in the shop, and said he forgot to put it into the bag, he said nothing about the letters I found in his pocket—on the 19th, after the examination at Bow-street, Pearce, a brother constable, and myself, took the prisoner to a public-house—his wife was there—we gave him some refreshment, and some money which I had taken from him—his wife complained of Mr. Smith, saying it was all his doing.
COURT. Q. Did the prisoner give any answer to what his wife said A. Yes.
MR. PHILLIPS. Q. Did you go before the Magistrate after this conversation?
A. Yes, but I was not examined about this conversation—I was examined after it took place—I stated what passed to Mr. Peacock, but not to the Magistrate.
MR. SHEPHERD. Q. What did the wife say? A. She said, "I expected you would have gone home with me to-day; perhaps you will next week"—he said, "It is fifty to one against me if I do"—she said, "They state that they have been watching your conduct for the last three months"—he said, "That be d—if they have, they don't know half"—Pearce and myself told him not to make himself foolish, but to hold his tongue—he was going to say something else, but we told him he had better not—Pearce is not here today—I do not know where he is gone—he is still in the police.
Cross-examined. Q. Where did this conversation take place? A. In the parlour of the public-house next to Bow-street office—I, and Pearce, his wife, and himself, were all sitting at one table—there was another man in the room, who I do not know—he was not in custody—this was after the prisoner's first examination before the Magistrate—I went before the Magistrate again that day week, and Pearce also—I believe Pearce was not examined—I was asked some questions, but no depositions were taken—I was not examined on oath—I was merely asked a question by the Magistrate—it was in consequence of something the prisoner said—it was after I had heard this conversation—I did not tell the Magistrate about this—I told it to Mr. Peacock the next day.
Q. Why not tell it to the Magistrate when the prisoner was present, that he might have an opportunity of hearing it, and of remarking upon it? A. I did not know I should be questioned at all—I did not think it would be necessary to state it.
MR. SHEPHERD. Q. This was a week after the conversation? A. Yes, I told Mr. Peacock of it the day after it took place—the person who was in the room was a stranger.
EBENEZER JACKSON examined by MR. PHILLIPS. I was examined at Bow-street—I was by the side of the prisoner when he was sorting his letters—I did not notice him lay down a bundle of Twopenny-post letters—he might have laid a bundle of Twopenny-post letters on his General-post letters without my noticing it.
MR. SHEPHERD. Q. Look at these six Twopenny-post letters, at what time ought those to have been delivered? A. By three o'clock, before the sorting.
(The prisoner received a good character.)
GUILTY on the Fourth Count. Aged 34.— Confined Two Years.
Before Mr. Justice Patteson.
1209. JOSEPHDEAN, RICHARDCOXEN, JOHNKING, RICHARD CONQUEST , and JOHN ALLEN were indicted for unlawfully, maliciously, and feloniously assaulting James Piper on the 16th of April, and cutting and wounding him upon his head with intent to maim him.—2nd COUNT stating their intent to be to do him some grievous bodily harm.
MESSRS. ADOLPHUS and PHILLIPS conducted the Prosecution.
(The prisoners, through their counsel Messrs. Bodkin, Clarkson, and Doane, proposed to plead guilty to a common assault, but that not being the charge contained in the indictment, the Court directed evidence to be called to enable the jury to find that verdict)
JAMES PIPER . I am a constable. I was at the Swan public-house at Hanworth on Easter Monday—I was sent there by the Society for the Prevention of Cruelty to Animals to prevent a cock-fight—when I got there I was assaulted—Dean and King participated in the assault, and Conquest also joined in it.
JOHN LORD. I was at the Swan on Easter Monday—Piper and I were assaulted, and severely hurt—I can point out Dean and Coxen as two of the parties, but cannot identify any of the others.
JOSEPH WILLY . I was down at Hanworth on Easter Monday. There was a riot there, and an assault in the garden—I can swear Allen followed us from the garden outside—he was among the rest who assaulted us—I saw him assault Lord—Allen took his brother away from the fight, after Lord was beaten.
(The prisoners received good characters.)
DEAN— GUILTY .
COXEN— GUILTY .
KING— GUILTY .
CONQUEST— GUILTY .
ALLEN— GUILTY .
Of an assault.
Aged 24.— Confined Six Months.
Confined Four Months.
Confined One Month.
Before Mr. Justice Park.
1210. WILLIAM OWEN was indicted for feloniously uttering a counterfeit crown-piece to William Rusling, on the 24th of April, well knowing it to be counterfeit; he having been previously convicted as a common utterer of base coin.
CALEB EDWARD POWELL . I am assistant solicitor to the Mint I produce a copy of the record of the conviction of William Owen at the Middlesex Sessions, December, 1833, for uttering counterfeit silver—I have examined it with the original record in the office of the Clerk of the Peace, and it is a true copy—(react.)
WILLIAM HORNSBY . I am a policeman. I saw the prisoner at Clerkenwell Sessions, in December, 1833, when he pleaded guilty to uttering base coin, and was sentenced to twelve months' imprisonment—I am certain he is the same man.
Cross-examined by MR. CLARKSON. Q. Why are you certain? A. I have known him five or six years—he used to live in Britannia-row, Islington—I had him in custody.
WILLIAM RUSLING . I am a boot and shoe maker, and live in Turner's place, City saw-mills, City-road. On the 24th of April, the prisoner came to my house with two pairs of shoes to repair, which were to come to 5s.—on the 28th he came for them, and gave me a five-shilling-piece—I put it on the mantel-piece, and immediately he was gone I gave it to my wife with a sixpence—I am certain I gave her the crown-piece I had from the prisoner—she went out with it, and brought it back—I immediately put it into my pocket—I am quite sure I had no other crown-piece there—I then went after the prisoner, but did not find him that evening—he had told me he lived at No. 10, James-street, City saw-mills, but I found no such person there—he gave me no name at all—I merely
asked if such a person lived there, describing him—I afterwards communicated with Sayer, the policeman, and on the Wednesday morning, the 2nd of May, between six and seven o'clock, I found the prisoner at his own house, in Mount Zion, by Islington turnpike, and in his room found one pair of the shoes I had repaired—I gave the crown-piece to the policeman on the way to the station-house—it had not been out of my possession since I got it from my wife.
Cross-examined. Q. When did you see him again? A. He brought the shoes on the 24th, and came for them on the 28th—I had the crown in my possession till he was taken—I kept it in my pocket in paper, and had no other crown but that.
SOPHIA RUSLING . On the 28th of April, I received the crown-piece from my husband, and took it to Mrs. Smith—she returned it to me as a bad one—it was not out of my sight—I gave my husband the same crown-piece.
JOHN SAYER . I am a policeman. On the 2nd of May J went with Rusling to the prisoner's lodging in Mount Zion-court, Islington, and took him into custody—he said he knew nothing of the charge—I received a crown-piece from Rusling on the way to the station-house, which I produce.
WILLIAM EVAHS . I am a shoemaker, and live in Cross-street, City-road. On Saturday, the 21st of April, the prisoner came to my shop, and asked for a pair of shoes, which a lad had left on the Tuesday to be repaired—I produced them to him—he asked what there was to pay—I told him 3s. 9d.—he gave me half-a-crown, a shilling, and threepence—I looked at the half-crown, about two minutes after he left the shop, as a gentleman came in—I had put it into a pocket by itself—I rubbed it with my finger, and found it was a bad one—I put it into a snuff-box, and kept it separate from all other money, till I gave it to Kemp, the policeman—I marked it first—I saw the prisoner again on the Wednesday at the station-house, and asked whether he was not the man who passed the bad half-crown—he said no, he was not—I knew him well to be the person.
GUILTY . Aged 22.— Transported for Life.
Before Mr. Justice Patteson.
1211. THOMAS COOPER was indicted for feloniously uttering a counterfeit half-crown, on the 27th of March, to Ann Hart, well knowing it to be counterfeit; he having been before convicted as an utterer of base, coin.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
CALEB EDWARD POWELL . I am assistant solicitor of the Mint. I produce a copy of the record of the conviction of Thomas Cooper, at the Central Criminal Court, in October, 1836—I have examined it with the original in Mr. Clark's office—it is an exact copy—(read.)
Cross-examined by MR. CLARKSON. Q. Were you in the police at that time? A. Yes—I am quite certain he is the same man—I have seen him frequently since, and I took him into custody about three months ago—I did not know him previous to 1836.
ANN HART . My husband is a green-grocer—we live in Waller's-court, St. Pancras. On Tuesday, the 27th of March, the prisoner came to our shop, and asked for twopenny-worth of wood—he gave me a half-crown, and I gave him 2s. 4d. in change—I put the half-crown with some small silver into a little box which I kept in my pocket, and he left the shop—there was no other half-crown in the box—soon after, another man came in and paid me a half-crown—I gave him 2s. 4d. change, and put that half-crown in the same box with the first one—I looked at the box again in bout three-quarters of an hour, and found two half-crowns in it—I examined them, and they were bad—I gave them both to my husband, who gave them to James Carter in my presence.
Cross-examined. Q. What time of night was this? A. Between ten and eleven o'clock—I had the gas lighted—I noticed him because he was a stranger, and he let the wood fall—I took it up, and I noticed that he trembled.
JAMES CARTER . I am a policeman. I received from Mrs. Hart a half-crown on the 28th of March, and on the 15th of April I received another am her—her husband was present both times, but she gave them to me—I apprehended the prisoner on Sunday morning, the 15th of April, at the Brill public-house—I told him I suspected he was about uttering bad Money, and should take him to the station-house to search him, which I did—my brother-constable took another man who was with him—we found 4s. 7d. good money on the prisoner—I afterwards told him that I suspected he was the person who passed a counterfeit half-crown to a person in Wilstead-street, but that person did not identify him—I afterwards look him to Mrs. Hart, who recognised him—she said, "That is the man who passed the bad half-crown to me"—Mrs. Hart came to the station-house that evening, and said in his presence that he was the man who passed the half-crown to her—he said he was not.
MRS. HART re-examined. The two half-crowns were given to Carter the same night—I gave them both to my husband, and he put them into the drawer—I did not see him do any thing with either of them afterwards—I gave Carter one of them the following day—the other remained in the drawer till the prisoner was taken up, and then I saw my husband take it out and give it to Carter.
MR. CLARKSON. Q. When did you see your husband take any half-crown out of the drawer? A. I do not know what day he took out the one that remained, but he gave it to Carter—the drawer was sometimes kept locked, and sometimes not—there was no silver kept in it, only copper—I sometimes kept the key, and sometimes my husband—he is at home now.
COURT. Q. Did you see them put into the drawer A. I saw my husband put them both into the drawer—at that time there were no other half-crowns in it—I did not examine to see, but we never do put any silver there—I had been to the drawer several times that day—there was a good deal of copper in it, but no silver.
NOT GUILTY .
Before Mr. Justice Park.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
CALEB. EDWARD POWELL . I produce a copy of the record of the conviction of Martha Edgecomb at the Central Criminal Court, in the february session, 1836, for uttering counterfeit silver—I have examined it With the original record in Mr. Clark's office, and it is a true copy—(read)
FRANCIS COOK . I am a policeman. I was a wittness at the trial of the prisoner in February, 1836, in this or the other court for uttering a counterfeit shilling—she was sentenced to twelve months imprisonment I know she is the person—I had apprehended her.
MARY GEAT . I am the wife of Charles Gray, a tobacconist, in Foley-place; we sell beer also. On the 27th of April the prisoner came and asked for half-a-pint of beer—I supplied her with it, and she gave me a stalling—I gave it to my husband, swing it was bad, and he detained her.
Prisoner. She put it into the till and was rattling about for change. Witness. I did not put it into the till at all—I weighed it in a scale at the counter, and gave it to my husband—I weighed it against another shilling, which I took out of the till, but I am certain I did not out of never went out of my hand till I put it into the scale, it was before. my sight—I weighed it because I was not sure that was bad—it was before saw it to my husband—the good one was the heaviest—I put that into Prisoner. After giving it to her husband he called several people out of the tap-room, and gave it into their hands to look at. Wittness. He did not.
CHAKLE, GRAY . I am the husband of the last witness. On the 27th of April, I saw the prisoner in my shop—my wife said to me in her presence, "Here is a bad shilling"—she gave it to me, and said she got it from the prisoner—I told her I should give her in charge—I kept the shilling in my hand till the policeman came, and gave it to him—he came up to the door just at the moment—I did not hand it to any one till I gave it to him—I am policeman. I went to Gray's shop to take the her—it came to three-halfpence farthing—she gave me half-a-crown—I thought it was bad, and did not give her change—I kept it in my hand my mother came and gave it to her—I am sure I gave my mother the same half-crown as the prisoner gave me.
MAEIA CLARK . I am the mother of the last witness. she gave me a half-crown—I looked at it and told the prisoner it was a bad one—she said she did not know it—shew as sorry for it, and if I would give it to her again, her husband was at the bottom of the street, and she would get another—I did not allow her to have it, but sent for a policeman and gave her in charge—I gave him the half-crown.
from Mr. Clarke—I am sure it is the same—the prisoner was discharged on that occasion.
MR. FIELD. This half-crown and this shilling are both counterfeit.
GUILTY . Aged 21.— Transported for Life.
First Jury, before Mr. Recorder.
1213. MARY ANN SMITH was indicted for stealing, on the 11th of April, at St. James's, Westminster, 4 pictures, framed and glased, value 10s.; 2 pieces of needle-work, framed and glazed, value 10s.; 5 window curtains, value 14s.; 2 blinds, value 4s.; and 1 vase, value 2s.; the goods of Peter Thompson, in his dwelling-house; and afterwards, about the hour of four in the night of the same day, burglariously breaking out of the said dwelling-house.
PETER THOMPSON . I keep the Blackmoor's Head, in Jermyn-street, in the parish of St. James. On the 12th of April, I went to bed about one o'clock in the morning—I fastened the doors and windows myself—I was awoke a few minutes after five o'clock by three policemen—I went into the room these articles had been in, and missed them—they are worth 40s. altogether—the prisoner was in my tap-room at twelve o'clock the previous night, and I concluded she had gone out of the house—I saw her as far as the bar going out with her sister and a young man, but she must have concealed herself—they had a quartern of gin at the bar as they were going out.
JOHN WILLS (police-constable C 185.) I was on duty in St. James's-street on the morning of the 11th of April, about half-past four o'clock, and saw the prisoner on the opposite side of the way with these things carelessly wrapped up—I crossed over and asked what she had got there—she said some things she had brought from the place she-had been working at—I asked where she had been working—she said at the public-house close by—I asked if the person was aware she had brought the things away so early in the morning—she said she did not know—I said she must go with me to the station-house or to the place—she said she would not, but I might take the things if I thought proper—they were dropping from her—I took them from her, and took her to the station-house, and there she said it was no use telling a story about it, for she had taken them from Mr. Thompson's; that it was the first time she had done any thing of the kind, and she was sorry for it—I found Mr. Thompson's door open, and without any appearance of violence on it.
Prisoner. I was very much intoxicated. Witness. She appeared to me at first to have been drinking, but I afterwards thought it was being alarmed, as she then appeared collected, and said she might as well live another country as this.
PETER THOMPSON re-examined. The things were in the front room, first floor—the blinds were torn down from the windows, and the hangings were torn down—these things are mine, (looking at them,) and were all taken from one room—the prisoner did not appear intoxicated in the least—if she had been, she could not have got the things down—the window-hangings were torn down from a great height—I do not know of their having more than the quartern of gin among the three.
Prisoner's Defence. I was drinking in Mr. Thompson's house till two o'clock in the morning, and was served by him—it is my first offence—I hope you will be merciful.
GUILTY .—Aged 29. Transported for Ten Years.
1214. THOMAS HILLYER was indicted for feloniously breaking and entering the shop of Henry Morton, on the 1st of January, and stealing therein 1 hammer, value 3s.; 1 rule, value 2s.; 1 stock and 4 bits, value 10s.; and 1 screw-driver, value 1s. 6d.; the goods of James Strutt.
JAMES STRUTT . I live at Uxbridge. On the 1st of January I left some tools in a box and some on a bench in my master's work-shop at Hilling-don—I saw them safe at five o'clock when I locked the shop—I came back at seven o'clock next morning and found the door broken open, and the tools and box missing.
SOPHIA WRIGHT . I am the wife of Thomas Wright, a pawnbroker, at Great Marlow, Bucks. About the 2nd or 3rd of January last, I took these carpenter's tools in pawn at our shop, in the name of Thomas Hillyer—I cannot speak to the prisoner—I afterwards showed them to George Clark—Goldswain afterwards produced the duplicate and took them out of pawn.
JEREMIAH HUMPHREYS . I keep a beer-shop at Great Marlow. I saw; the prisoner there at the beginning of January—I think it was about the first week—he and two men slept at my house—I bought this duplicate of some of them, but of which I cannot say.
GEORGE CLARK . I was at Humphreys's beer-shop at the beginning of January—the prisoner and some other men were there—the prisoner offered me a duplicate of a stock and centre-bit—I offered him 1s. for it—he wanted 1s. 6d.—Mr. Humphreys bought it, but not in my presence—I told him to buy it for me, and I got the tools from him.
NOT GUILTY .
NEW COURT.—Thursday, May 17th 1838.
Fifth Jury before Mr. Common Sergeant.
GEORGE TRAVELL . I am salesman to Mr. James Gideon, pawnbroker, of Stafford-street, Lisson Grove. I was outside watching the clothes on the 9th of April, and a coat was missed—a witness pointed out the prisoner to me—I collared him, and a butcher brought another person to me who had dropped the coat—it was my master's.
JOHN GARRATT . I live in Stafford-street, and am a green-grocer. I Was at the corner of Devonshire-street, and saw the prisoner and Long running from the prosecutor's shop—I saw them a little way from the shop, not at it—the other one gave his name "Doyle" at the police-office—it was the other who dropped the coat.
NOT GUILTY .
JOHN PEWTNER . I live in Queen's-place, Kensington, and am clerk to a banker. I have a house at No. 39, White Lion-street, Clerkenwell—there was a copper of this description fixed in the wash-house, and it was missing—it correspond with this copper produced as far as I can judge.
JOHN FOXEN . On the 6th of April, about ten o'clock at night, I was in Goswell-road—I saw two very suspicion looking men at a door, and the prisoner with a donkey and cart was a few yards from them—he appeared The waiting for them—I watched them a few minutes, and they got into 6th of April, about five o'clock in the morning, and hired a donkey and cart—he said he was going to gather bottles, and to make ginger-beer.
Cross-examined by MR. DOANE. Q. Did you know him? A. No—he was to pay me sixpence—I thought that was as much as he could give—I found the cart afterwards at the green-yard.
JAMES DAWSON . I live in White Lion-street, and have the care of No. 39. I had seen a copper there a little before the 6th of April—I believe I saw it every day—I missed it no the 7th—I am certain this is the copper.
GUILTY. Aged 14.—Recommended to mercy by the prosecutor .
Confined Six Months .
ALFRED SPRTNG . I am shopman to Mr. John Simpson, and another, in Tottenham Court-road. On the 9th of April, the prisoner came for a pair of shoes—one of my shopmates was trying some shoes on her, and from the peculiarity of her conduct, we suspected she had taken a pair—I went into a passage which looks into the shop, and saw her put a pair under her cloak—I told Mr. Simpson, and as she was going out he charged her with having a pair—she said she had not—she went about the shop a little bit, then went to a part quite free from shoes, and dropped a pair of shoes from under her cloak—I did not see her drop them—I saw the place before, and it was all clear—I saw the shoes when they were dropped—these are my master's shoes.
Prisoner. You called the policeman, and put me in the corner.—Witness. No; no one pushed you, Mr. Simpson tapped you on the shoulder, and told you had got something.
Prisoner, I went in and tried three pairs of shoes, and the fourth pair fitted me better—I hung the others on my wrist, but I did not put them under my cloak.—Witness Yes, you did; you tried on a great many pairs of shoes, and I saw you put these under your cloak.
COURT. Q. Was there any charge made against her previous to her dropping the shoes? A. I heard Mr. Simpson tell her she had a pair of
shoes under her clock—she said had not any such thing, and there was none in the place where she dropped these.
NOT GUILTY .
1218. ANN DANIELS was indicted for feloniously receiving on the 7th of March, 1 pair of pistols, value 12s., the goods of James Lawrence; well knowing them to have been stolen; against the Statute, &c.
DANIEL DYER . I am shopman to Mr. James Lawrence, who keeps a general shop in Chalcraft-terrace, New Cut. I missed a pair of pistols a little before the 7th of March—they were tied with a piece of string, and fastened to the gas burner—these are the pistols—(looking at them)—I saw them safe about the 5th or 6th of March, and we missed them the same day—I had put them there in the morning.
Cross-examined by MR. PAYNE. Q. When did you see them again? A. Not till the 9th of April.
JOHN DAVIES . I am shopman to Mr. Linwood, a pawnbroker, in St. John's-street. These pistols were pawned on the 7th of March, by the prisoner—she asked 12s. for them—I offered her 10s.—she said she must go and ask her husband, or brother, I am not certain which—she left the shop, returned in a quarter of an hour, and said she must take the money.
NOT GUILTY .
GEORGE JORDAN . I am employed by my brother, William Jordan, of Red Lion-yard, King-street, Bloomsbury. These glasses are my brother's—he bad a landau standing in the mews on the 9th of April—I had been driving it, and about eleven o'clock the next morning, Tuesday, I missed the two glasses—these are them—(looking at them.)
GEORGE HOBBY (police-constable E 129.) On the Tuesday morning in question, about half-past five o'clock, I was in Southampton-street, Holborn, and saw the prisoner with these two glasses—I followed him into Newton-street, Holborn, and asked him where he was going with these glasses—he said, "Home"—I said, "What are you going to do with them?"—he said, "To alter them"—I said, "Where did you bring them from?"—he said, "From Mr. Bardell's, in Rathbone-place"—I then took him.
Cross-examined by MR. DOANE. Q. Are you sure he did not say he was to take them to Mr. Bardell's? A. No—I am positive he said he brought them from him—I went before the Justice about eleven o'clock the same morning.
(MR. DOANE stated the prisoner's defence was, that being out early, a person who met him gave him these glasses to repair, and they were to be sent to Mr. Bardell's, in Rathbone-place, by eight or nine o'clock that morning;
that part of the lace handles were in a stale of dilapidation, and that an advertisement had been inserted in a newspaper, in consequence of which a witness had come forward.)
JOHN JONES . I live at No. 10, Little Wild-street, Lincoln's-inn—I am a surgeon. On the 5th of May I saw an advertisement in the newspaper—I cut it out—this is it—(looking at it)—on the 10th of April, at half-past five o'clock in the morning, I came from Gray's Inn-lane, when I was called to a gentleman who is now dying—I taw the prisoner part with another man between King-street and Southampton-street—seeing some strings dangling by his side I cast my eye round, and saw they were coach-glasses that he had—I beard the other say; "Mind and have them ready"—I turned and saw them part—I then felt it my duty when I saw the advertisement to address this letter—(looking at one)—to "Mr. R.," King-street—I know nothing of the parties.
COURT. Q. Where was the gentleman you had been to, living? A. At No. 6, George-street, Gray's Inn-road—his name is Curran—he is a bricklayer—I had attended him three or four days previous and since then—he is now dying—he is consumptive—I have been living in Little Wild-street nine months—I came from Glamorganshire—I last saw Mr. Curran three or four days ago—he has been given over—his wife told me she thought if he were to go to Ireland, it might be of service to him—I took the hint, and did not go again—I do not know how they came to send to Little Wild-street, to me—I am sent to by persons farther than that—I believe I was recommended—I am now attending a lady in Clement's-lane, Strand, and a Mr. Johnson—I do not keep a shop—I am in apartment, and have a private connexion—I kept a shop, but it did not answer—I very rarely pass a day without seeing most of the newspapers.
Q. How did you happen to write a letter to this, place, when it was only a step from your door? A. I thought it was their duty to call on me, instead of my calling on them—I am an old pupil of Mr. Abernethy's, in the year 1828—I take it the date of the circumstance was the 10th of April—it was on a Tuesday morning—I have not been paid by Mr. Curran at all as yet—I have a memorandum, which I think; I can, find at home, of what he has had, and many others beside—I think I can find the days of my attendance—I frequently attend patients whom I expect to pay me immediately, and then I put it into a kind! of scrap-book—I have, pieces of paper in a book of persons who pay me oh a small scale, not entering it regularly—I passed several days after Seeing this without writing—the persons referred to live about as far from me as from here to St. Paul's.
CATHERINE CURRAN . I live at No. 6, George-street, Battle-bridge—my husband is a bricklayer—he has been ill, and Mr. Jones, the gentleman here present, has attended him—my husband is now very ill, not able to rise—the first day Mr. Jones attended him was on the 10th of April, very early in the morning—he was sent for the night before—a friend of mine fetched him—we were recommended to him—he came that day about seven o'clock in the morning—he sometimes came about eight o'clock, and sometimes about nine o'clock, but that morning he was sent for, he came as early as seven o'clock—I know it was on the 10th, because I sent an article to the pawn-shop that morning—Mr. Jones staid that day about two hours—he was at our house from seven till nine o'clock—I paid him always when he came—I paid him in all 12s. or 13s.—he was there for
the last time last Thursday, this day-week—no other medical man attended my husband.
(Luke Gill, a stonemason, of Brownlow-street; Lewis Ashley, a coach-maker, Cheyne Mews; and Thomas Darton, a coachmaker, of Drury-lane, gave the prisoner a good character.)
GUILTY . Aged 30.— Transported for Seven Years.
MR. PAYNE conducted the Prosecution.
ELIZA LLOYD . I am the wife of Theophilus Dower Lloyd—we live in Hosier-lane. The prisoner came to lodge in a furnished room there on the 12th of March, in the name of Flynn, as a married man—he was in the room about a month—I did not know when he went away—I missed a sheet and a blanket on the Wednesday or Thursday in Easter week—these are them—(looking at a sheet and blanket.)
Cross-examined by MR. DOANE. Q. You have told us he represented himself as married? A. Yes—but when he was taken up, he said the woman was not his wife—I do not remember his going to the fair in Easter week—we were out all day on the Tuesday in Easter week.
Q. After you missed these things did not a person call from the prisoner and tell you something? A. They called and accused me of keeping the coats that the prisoner had robbed his two masters of—they told me my things were pledged, and I should have them—I did not see the prisoner for ten days after that—he then told me they were pawned, and I should have the amount—that was on the same day that he was taken into custody—I told him he was to have brought my things on the Tuesday as I saw him on the Wednesday—I did not say he should not be hurt if I got my things—he did not tell me that he found these things had been pawned by the woman—he slept in the bed three weeks after they were pawned—he promised by the man that came that I should have the things back by a given day—he did not come to me himself—I saw him in the street with three more tailors intoxicated, and I went to him.
MR. PAYNE. Q. Did you go out of your husband's shop? A. Yes, and said, "Mr. Flynn, where are my things? and then he came over and begged and prayed of us not to hurt him, as ours was the chief charge against him—I said, "There are two or three masters inquiring after you, and they want to allege the coats to me, as if I had got them"—he said he was living in Cock-court, Snow-hill—I did not find him there, but in a bad-house in Field-lane—he did not come to me after that.
JOHN SCOTT (City police-constable 18.) I took the prisoner into custody on the 25th of April, in Field-lane, in a Tom and Jerry shop—I took him to the watch-house, and he delivered three duplicates to me, two of which related to a sheet and blanket.
(Property produced and sworn to.)
MR. DOANE. The prisoner stales, that the woman, who was not his wife, pawned the things in his absence, and they were in great distress at the time.
GUILTY . Aged 24.— Confined Six Months.
MARY HUMPHREY . In October I hired the prisoner as my servant, and she continued in my service till the 5th of April—I missed a watch, and was very angry with her about it—I had been to church on the morning of the 1st of April, and when I came home I saw the key of the watch hanging out of the prisoner's bosom—I laid hold of it, and said, "How dare you have my watch?"—she hesitated, and said she took it to cook her dinner by—but we have an eight-day clock in the room where she was—this was on Sunday between one and two o'clock—I took it from her.
Cross-examined by MR. CLARKSON. Q. The key was hanging out of her bosom? A. Yes—she had been six months in my service—I live at Edmonton—nobody else was in the house—I had left the watch on the mantel-piece—I took it from her—I did not dismiss her—I had to come to town on Monday, and when I went home she was undoing the back of my gown, and seven sovereigns fell down—she took them up and laid out five sovereigns at one place in dress, and she was taken up—she had to cook the dinner that Sunday—while she was with me she broke open my drawers, and she confessed it to Mr. Mores—I do not know what my watch is worth; she broke the spring of it—she had broken open my place before—I only kept her till I suited myself.
NOT GUILTY .
MRS. MARY HUMPHREY . I came home from London on the 2nd of April—I had received eight sovereigns—I had changed one before I got home, and put the other seven in a little black bag in my breast—I saw them safe when I was in my room—the prisoner undid the back of my gown, and they fell down; but I did not hear them, as they fell on the carpet—I missed them in ten minutes after.
Cross-examined by MR. CLARKSON. Q. Have you been married lately? A. No; I was a good many years ago to Mr. Rexford—I have gone by the name of my first husband—all my children are named Humphrey—I came to town to get these sovereigns in the morning, and I put them into my bosom—I received eight, and put seven into the bag—I kept the other out till I wanted change—all the prisoner did was unfastening my gown behind, and when that was done, the sovereigns shook down—they were pinned in, but the pin had slipped—a lady here was standing by them—I missed them ten minutes afterwards—I said to the lady, "Go to my gown, I pinned in seven sovereigns there"—she said, "There is not one"—and she said, "I saw this girl take them up"—this was on the night I came home on the 2nd of April, on the Monday, and I sent the prisoner out of my house on the Thursday, but I had charged her on the Tuesday—she had got other property of mine—the Magistrate committed her—I was obliged to go to give evidence—I was sent for on the Saturday after the Thursday—I
had given orders for the prisoner being taken—I told the policeman to go to Nazing, where she said she was going; but she went to the out Swans—she said that when I came home my gown was open, and she thought I had dropped them.
THOMAS WOOD ROFE CRAIG . I am an officer. I know the hand-writing of the Magistrate, Mr. Mores—this is his hand-writing to this deposition—I saw him sign it—it was read over to the prisoner—I heard the statement she made.
Cross-examined. Q. Were questions put to her? A. No, only she was cautioned—no one assisted the Magistrate as clerk, he acted himself—the prisoner was not told it would be better for her to state this—she was told she need not say thing without she liked—(read)—"The prisoner having heard the whole charge, and the examination of the witnesses, and being cautioned not to say any thing that might convict herself, saith voluntarily, 'I am guilty of the whole of this charge,' namely of taking the articles now produced, as also the seven sovereigns; 'but the watch I took, not meaning to keep it."
GUILTY. Aged 17—Recommended to mercy by the Jury .
Confined Six Months.
WILLIAM RICHARD JACKSONM . I live in Crombie-row, Commercial-road, and am a cheesemonger. On the night of Saturday, the 5th of May, I had a cheese on the stall-board—I misted it from the board, and saw the prisoner under the gateway with it under his arm.
Cross-examined by MR. PHILIIPSM. Q. What time was this? A. Between ten and eleven o'clock at night—I did not know the prisoner before—a little boy brought the cheese back—I am certain it is mine—it was outside on my board.
Cross-examined. Q. Did you find any cheese on him? A. No.
NOT GUILTY .
SAMUEL RUDDUCX . I live in Anchor-street, Bethnal-green. The prisoner was in my service, and was employed to sell braces for me—in the end of March, he came to me, and said he had an order for sixty dozen of braces, to go to Leaf and Coles's, in Old Change—I only knew them as keeping a wholesale house—the order was got on with as fast as it could, and forty dozen of braces were delivered to the prisoner for them—he was to receive about 8l. 10s. for them—he should have brought me that money back in about two hours—and in the evening, finding as he had not come back, I went to his house, but he had not returned—I left word with his wife for them to send me word when he did come—and on the following morning his daughter came to let me know that he had come home during the night—I went and saw him there—he
told me he had been drinking, and had been robbed of the money—I have not been to Leaf and Co.—I have not had any of the money since.
Cross-examined by MR. PAYNE. Q. Did you. ascertain that they were sold to Mr. Wilson in Aldermanbury? A. Yes; they were sold for 8l. 1s.—Mr. Wilson deducted 9s.—the prisoner had been employed by me about six or seven months—he had five per cent on the sales he made—he had not been engaged in many transactions—not to the amount of 20l. I should think—he had paid me properly for all those—I was not acquainted with the people at all—he was constantly employed either in weaving or selling—he was employed at so much a dozen for weaving the webs, and to sell them as well—there were several examinations—the prisoner offered to work it out—the Magistrate put it to me whether it might not be made a debt of—I left it with the Magistrate—I wished him to decide, and he did decide—the prisoner stated before the Magistrate that he had been robbed—he has a wife and five children—they were in great distress and I have relieved them.
ROBERT WILSON . I am a hosier, and live in Aldermanbury. The prisoner brought me four dozen of India-rubber braces, and then he returned, and brought me thirty-six dozen—I bought the whole forty dozen for 8l. 1s., deducting the discount of 9s.—I understood they were his own—the bill was in his own name.
ROBERT MARSHALL LECKIE . I am in the employ of Leaf and Co. On the 6th of April, the prisoner came to our warehouse, and brought forty dozen of braces, as he said—we did not want them, and would not have them—we had not desired any braces to be made for us.
ROBERT BACKHOUSE (police-constable H 92.) On the 7th of April, I went to the prisoner's house in Half Nichol-street—I told him I came to-take him into custody for embezzling a quantity of money, belonging to Mr. Ruddock—he said he had sold the braces to Mr. Wilson, in Aldermanbury, for 8l. 10s., and that in coming out he met a tall dark man, who said if he would go to the West-end, he could get him some orders—he went with him to several public-houses, and he remembered no more till be awoke on London-bridge, between two and three o'clock the next morning, when his pockets were cut and the money gone.
NOT GUILTY .
1226. THOMAS SULLIVAN . was indicted for stealing, on the 26th of April, 36 yards of calico, value 13s.; 20 cravats, value 10s.; 3 gross of buttons, value 4s. 3d.; and 3 handkerchiefs, value 12s.; the goods of William Aberdein.
WILLIAM ABERDEIN . I live in Crown-street, Finsbury, and am a hosier. On the 26th of April I left my wife in charge of the shop, and when I returned I missed this property—it had been partly in the window, and partly in the shop—these are my articles—(looking at them.)
THOMAS CASH . I am in the service of a shoemaker, in Crown-street On the 26th of April I saw the prisoner in the prosecutor's shop, at half-past six o'clock, he came out with an apron tied round him, full of something—I gave information, and followed him and another boy who had been near the window—I took the prisoner in Skinner-street, with the bundle under his arm—he said, "It is not me, it is a man"—I took him
into a beer-shop, and before the officer arrived, he said a man gave him 2d. to carry the things to Bishopsgate-street.
GUILTY . Aged 16.— Confined One Year.
1227. STANISLAUS SRODZINSKI was indicted for stealing, on the 11th of April, 1 coat, value 10s.; 1 pair of trowsers, value 10s.; 2 waistcoats, value 1l.; and 1 handkerchief, value 2s.; the goods of Joseph Skiwski.
JOSEPH SKIWSKI . The prisoner lodged with me on the night of the 10th of April—he left me next morning, when I was gone to buy some articles in town—I left these articles at home, and they were gone when I came back—these are my property—(looking at them)—I went after the prisoner with the policeman—I found him with the trowsers and waistcoat on.
Prisoner. The prosecutor gave me the trowsers and some gloves—I have got the gloves now. Witness. No, I did not give them to him.
Prisoner. I did not pawn it, a friend of mine did.
GUILTY . Aged 23.— Confined Three Months.
1228. WILLIAM BURKE was indicted for stealing, on the 20th of April, 1 watch, value 2l.; 1 watch-chain, value 6d.; 1 watch-key, value 2d.; and 2 seals, value 3s.; the goods of James Mills, from his person.
JAMES MILLS . I live in Whitechapel-road, and keep a cook's-shop. Early on the morning of the 20th of April, the prisoner followed me to my own door—I knocked at my door, and turned round and desired him to leave me—he said he should not leave without something—he made a snatch at my seals, and dragged my watch from my pocket—he ran off—I followed him, and called "Stop thief"—he was stopped by the policeman—I kept him in view till he was stopped, and have not the least doubt of his being the man who did this—the watch was found on him in my presence—this is it—(looking at it.)
Cross-examined by MR. PAYNE. Q. Do you mean that you did not lose sight of him at all? A. Yes; he did not turn round, he ran up the street. Q. Have you not said, "There is a board in Osborn-street, and as he turned round that I lost sight of him; but I had kept him in view all the time till then?" A. I said,. that in turning into Osborn-street I lost sight of him, but I came up to him directly—he dropped the watch—I did not see him drop it—I told the policeman he had got the watch, and saw the policeman pick the watch from the ground—I thought the prisoner appeared perfectly sober—this was at nearly two o'clock in the morning—I had been on business at the West-end.
HENRY COTTON (police-constable H 60.) About two o'clock that morning, I was in Brick-lane—there was a cry of "Police"—I saw the prisoner running—I went and stopped him—he endeavoured to get away from me—I forced him against some boards—he put his hand behind him, and I heard something rattle—I endeavoured to get hold of his hand—something touched my fingers, and fell on the ground—I stooped and picked up the watch close to him.
Cross-examined. Q. Where were you? A. About twenty yards, up Brick-lane—I did not see what took place in Whitechapel—I am quite sure I heard something rattle, and felt something in the prisoner's hand as I put my hand round him—he put his right hand behind him—I put my left hand, and something touched my fingers. I heard something fall—I pulled him on one side, and there was the watch—I can venture to say that no person ran by—there was a gas light within five yard, of the place.
GUILTY .* Aged 29.— Transported for Ten Years.
GUILTY Aged 36.— Confined Six Months.
GUILTY . Aged 14.— Confined Three Months.
GUILTY . Aged 37.— Confined Three Months.
SAMUEL STURT . I live in Wood-street. On the 26th of April I saw these tool, safe, about one o'clock in the daytime—I afterward, received information, and found the prisoner in my house—I had seen him before several times—my wife called out, "Here is this fellow who has been so many times with excuses," and I saw him making his escape—my plane and saws were removed—they were found at the bottom of to private stair-case, where the prisoner had been—they could not have been taken by anybody but him—they had been in the shop a quarter of an hour or twenty minutes, before—he got down the private stair-case to the back part of the shop—I had locked the front door.
WILLAM WATSON . I live in Brown-buildings, Stanhope-street. I was at the prosecutor's house, and saw the prisoner at the bottom of the private stairs putting a plane under the stair-case—I was sent out for an officer—I could not find one all the way up Cheapside, and then I went to the station, but could not get one.
Prisoner. If you saw me with a plane, why did not you take me? Witness. I saw you at the bottom of the stair, with a plane, and when I got back you and the prosecutor were gone.
Prisoner's Defence. I arrived from the country, and was looking after work-a gentleman named Peter, had been very kind to me—I heard he was at work in Wood-street—I went to the prosecutor's house—he caught me, and said I was the person he wanted, that I had been there before and ordered some shavings—he got a fowling-piece, he shook something into it, and then primed it, and said if I attempted to move he would shoot me.
which I got from Mr. Clark's office—(read)—the prisoner is the man.
GUILTY .* Aged 30.— Transported for Seven Years.
Sixth Jury, Before Mr. Sergeant Arabin.
GEORGE BARBER . I am a brass-founder, and lodge in Bloomsbury. On the 28th of April I fell in with the prisoner in Broad-street, St. Giles's—I was the worse for liquor, but I knew what I was about—I went home to her lodging, in Jones-court, and went up stairs—it was about one o'clock in the morning—we went to bed, and I fell asleep—I awoke about three o'clock, and found she had left the room—I found my clothes in the chair, but my tobacco-box and money was gone—the sovereign had been in my watch pocket, and the 2s. 2 1/2 d. in my trowsers pocket—I had given her 2s. before that—I put on my clothes, and went to the station—the policeman went with me to the room, and she was not there—I went again a little after six o'clock, and found her there—I took a policeman, and took her—when we went to bed I fastened the door with a bolt, and I put a knife in the crack as well.
Prisoner. He gave me the sovereign instead of a shilling, and then he said if I would not give it him back, he would give me in charge—he left the tobacco-box in the room.
HENRY BUTLER (police-constable E 117.) I received information that the prosecutor had been robbed of a sovereign and 2s. 2 1/2 d.—I went to Jones-court, and found a police-constable engaged with the prisoner and struggling, and in assisting him the prisoner's clothes flew open, and this tobacco-box fell from her bosom.
MATTHEW WEDGEWOOD (police-constable E 93.) I took the prisoner—in going along Bain bridge-street, she gave up this purse with 2s. 2 1/2 d. in it—she said she would give up the money if I would let her go.
GUILTY . Aged 21.— Transported for Seven Year.
1234. ANN MACK was indicted for stealing, on the 28th of April, 16 sixpences, and 2 pence, the monies of John Grady, from the person of Harriet Grady; and that she had been before convicted of felony.
HARRIET GRADY . I am the wife of John Grady, we live in Church-lane, Whitechapel—my husband is on the stage. On the 28th of April, about eight o'clock, I was in High-street, Whitechapel—something was said to me, and in consequence of that I followed the prisoner to the corner of George-yard, where she went into a public-house with another girl—the prisoner came out by herself, and turned up George-yard—I followed her and said, "I want to speak to you, my dear"—she said, "I can't stay"—I said, "You must, you have robbed me"—she directly ran away—I called "Stop thief"—I had spoken to her in consequence of something that was said to me by a little boy, and I felt in my pocket, and missed 8s. 8 1/2 d. in sixpences—I am quite sure I had that in my pocket.
WILLIAM WALKER . I am thirteen years old, and live with my sister in Goulston-street, Whitechapel. On this Saturday night I spoke to this lady—I saw the prisoner lift up this lady's gown, and put her hand into her pocket, and take some money out—there was another girl with the prisoner, and she
said to that other girl, "Here, take this, and I will go and get some more"—the prisoner then followed the lady to a butcher's shop, and then she lifted up her gown again, and took some more money—they then went into a public-house, at the corner of George-yard, and then the prisoner came out, and went up George-yard—I told the lady what I saw—Meadows was with me, and saw what I did.
THOMAS MEADOWS . I am going on for nine years old. I was with Walker, and saw the prisoner lift up the lady's gown, and take out a penny piece, and three halfpence—I could see the money, because the prisoner gave it to the other one—the prisoner then followed the lady to the butcher's shop, and took some silver out of her pocket—I do not know what she did with that—she then went across the road, and into a public-house, at the corner of George-yard—the other woman went in with her—the prisoner then came out alone—Mrs. Grady spoke to her, and the prisoner said, "I can't stay"—Mrs. Grady said, "You must stay"—the prisoner then ran away, and Mrs. Grady called out, "Stop thief"—the prisoner was running when the policeman stopped her.
WILLIAM THOMAS SEXTON (police-constable H 50.) I saw the prisoner running up George-yard—I stood in a dark place till she came opposite me—I then stepped out—she stopped and said, "Oh Lord"—I took her, and the prosecutrix charged her with robbing her—she denied it—I took her to the station-house—she was searched, but nothing found on her—I went to the public-house, but the other woman was gone.
Prisoner's Defence. I know they put these boys up to what they were to say—I might have been near the woman, but I never touched the money—they gave the boys 2d. a piece, and told them what to say.
GUILTY .* Aged 17.— Transported for Fifteen Years.
1235. RICHARD JONES and ELIZA JOHNSON were indicted for stealing, on the 14th of April, 2 pewter pots, value 2s., the goods of Margaret Jackson; 2 pewter pots, value 2s., the goods of Catherine Punchon; and 1 pewter pot, value 9d., the goods of John Salter.
BRIDGET LEONARD . I am servant to Mrs. Margaret Jackson, who keeps the George and Dragon public-house, at Shadwell. On the night of the 14th of April, the two prisoners came into the house together—I put a pint pot on the steps in the passage—the prisoners were in the passage—I went into the kitchen, closed the door, and looked through the key-hole on the top of the kitchen stairs, and saw Johnson stooping—I opened the door, and they both walked into the tap-room—the pot was gone—I went into the tap-room, and saw the prisoners—I asked them if they had seen the pint pot, and I told them where it had been—the woman said no, she had not seen it, and the man went to the bar for half a pint of beer—I told the woman I should insist upon looking into her basket, as no one else had passed out—she said she had nothing but what she had been shopping for—I opened the basket, and saw the handle of the pot—I took it out, and it was the one I had put down—the woman looked at me and said, "Say no more about it"—I took it to the bar, to my mistress, who took out three quart pots, and one pint—one of the quart pots wit my mistress's.
MARGARET JACKSON . I am a widow, and keep the George and Dragon, at Shadwell. I saw the male prisoner at the bar—he had taken the basket there—I said I would insist upon having the basket, and examining it—he moved back—I said if he did not let me examine it the policeman should—I found in it three quart pots, and one pint—one of the quarts was mine, and the pint—I gave them in charge.
Jones. I did not have the basket at all. Witness. Yes you had.
CATHERINE PUNCHON . I am a widow; I keep the George and Vulture, at Wrapping-wall. I saw the female prisoner go through the passage of my house on the Saturday-night, and a man with her—when she and the man were gone, I missed two quart pots—these are mine.
Jones's Defence. I had not the basket near me—I was going to light my pipe—I had met this female, and asked her to have a pint of beer, and when I came back from lighting the pipe, the servant was accusing the woman of having the pot—I saw her take one pot from the basket.
JONES— GUILTY . Aged 24.
JOHNSON— GUILTY . Aged 30.
Confined Nine Months .
THOMAS DEVNALL . I live in Ledger-place, Paddington, and am a labourer. On the 21st of April I was at work in Berkeley-street, and hung my jacket on the rails of the area—I just turned into the square, but returned in five minutes, and it was gone—in about twenty minutes, Tuck produced it to me—this is it—(looking at it.)
JOHN WILLIAMS . I live in Porchester-street, Paddington, and am a porter. I was at the Hope public-house, in Porchester-street, looking out of the window—I saw a jacket on the rails—the prisoner took it off with his right hand, hung it on his left arm, and ran away down Porchester-street—I pointed him out to Tuck.
THOMAS TUCK .—I live in Connaught-mews, and am a groom. I was in the Hope—Williams told me something—I ran out, and saw the prisoner running down Porchester-street with the jacket under his left arm—he looked back, and at the corner of Sovereign-mews he dropped the jacket—I ran after him to a baker's shop at the corner of Queen-street, Edgeware-road—he went into the shop, and then ran out, and down Nutford-place—I lost sight of him, but I am sure he is the man.
GUILTY . Aged 25. Confined Three Months.
1237. GEORGE PHILBROOK was indicted for stealing, on the 30th of March, 2 boxes, value 2s.; 1 pair of ear-rings, value 6d.; 1 pair of scissors, value 2d.; 1 glazier's diamond, value 17s.; 2 shillings, and 1 sixpence; the goods and monies of Sophia Garvan.
SOPHIA GARVAN . I am a widow, and keep an eating-house at Hampstead, On the 30th of March I left home to go to work at Mrs. Mahony's—I sent Mrs. Mahony's son to my house—somebody came and told me what had happened—when I went out this diamond was locked up in a desk in the parlour behind the shop—there was also a ring box, a pair of
ear-rings, and 2s. 6d. on the mantel-piece in the parlour—they were in a mahogany box—my little boy is about eight yean old—the desk was locked, and the key of it was in a chest of drawers—when I came home I missed the mahogany box and the 2s. 6d.; and after I was informed of it, I missed the diamond and the ear-rings—I missed a pair of small scissors, which I had left safe before I went to Mrs. Mahony's.
JOHN MAHONT . On the 30th of March Mrs. Garvan came to my mother, and I went to her house to take care of the shop—the prisoner came into the shop—he went into the little parlour, and sent me down to Milton's to buy a pennyworth of sweetmeats—I went and got it, and gave it to him—he then went away—after he was gone two other boys came in to have some soup—the prisoner came back in about five minutes, and had some soup in the room—he then came into the shop, and one of the others took up the box—when they were gone, the little boy missed the box—I went and told Mrs. Garvan.
ELIZABETH WILLIAMSON . I am servant at the Yorkshire Grey public-house at Hampstead. The prisoner was pot-boy there—on the 17th of April he went out with some beer—while he was out I went to get a shovel of coals, and on coming back I saw a piece of paper op the stairs—on picking it up a small jewel box fell from it, which had a pair of ear-rings in it—I searched under the stairs, and found a pair of scissors, and a glazier's diamond—and under a great deal of dirty sand I found this mahogany box—I gave the things to my mistress—I went after the prisoner with a book which he had forgotten—I said to him, "You know all about Mrs. Garvan's box, don't you? but I have got it now."
GEORGE WESTOVEN (police-constable S 80.) The prisoner was brought to me at the station-house by the landlord of the Yorkshire Grey for stealing the box and 2s. 6d.—he afterwards owned he took the box and 2s. 6d., which he spent with his fellow-servant—and he said if he got over this, he hoped it would be a caution to him.
Prisoner. There are others living there who might have put this box under the stain—I never saw it till the young woman showed it to me.
GUILTY. Aged 18.—Recommended to mercy . Confined Three Months.
1238. JOHN WATSON and ROBERT MASON were indicted for stealing, on the 24th of April, 12 handkerchiefs, value 1l. 14s.; 5 shawls, value 3l.; 1 scarf, value 6s.; and 2 aprons, value 8s.; the goods of Thomas Robert Mellish.
JANE CURRIER . I lodge with my husband in the house of Mrs. Elkins, in Dorset-street, Marylebone. On the evening of the 24th of April, about seven o'clock, I saw the prisoners come to Mrs. Elkins's window—they stood talking about a minute, and then I saw them go to the prosecutor's shop—Mason went into the shop, and Watson was walking outside—Mason came out with a bundle, and they walked away together—they did not shut the door—I went and gave an alarm, and called the servant—the prisoners turned round the corner of Baker-street, and as they turned they saw me push the door open—the servant and I followed them, and found the bundle in the first door-way in Baker-street.
Watson. Q. What part of the house were you in? A. In the front kitchen—I knew you both perfectly well—I never expressed the least doubt about your being the two men.
Currier and found these articles in a door-way in Baker-street—these are my master's, Mr. Thomas Robert Mellish's property, and were in the shop a quarter of an hour before I found them.
Mason. Q. Did not the witness say that she did not know me? A. No; she said she knew you both.
Watson. Q. What time did you take us? A. About twenty-five minutes to nine o'clock—I had seen you about for twenty minutes.
Watson. Q. You first said you saw us for an hour, and then you said about two minutes? A. No, I did not.
Watson's Defence. We went to meet a friend at the corner of Marylebone-lane, and then the policeman came and took us—he fetched this woman, who said she thought I was a person that was walking up and down, but she was not certain, and then she said that I was walking up and down, and she saw us through the kitchen-window while she was washing—I had not left home till a quarter past eight o'clock from three o'clock in the afternoon.
HANNAH MORE . I live at Buckeridge-street, Bloomsbury. My husband was a chair-maker, but he is dead—the prisoners were at my place from three o'clock in the afternoon that day, and never left my room till a quarter past eight o'clock—there were two respectable persons that were there, and could swear it—they have not left long to go to Hampstead.
COURT. Q. Were both the prisoners there? A. Yes; they both lodged there; Mason for six months, and Watson for three weeks—they are both coach-painters—they were at home from three till a quarter past eight o'clock that day—I have a clock in my own room—I have lodged in that room three years and a half—the prisoners lodged in the room over me, but they were sitting in my room watching me caning some chairs—they had been out in the morning—they had their tea with me about five minutes past five o'clock—I was caning chairs for Mr. Bandon of Battlebridge—I know it was a quarter past eight o'clock when they left, because I was looking at the clock—my work was to be done at seven o'clock—I heard of their being taken the next morning—I did not go before the Magistrate and tell him this—I cannot swear that they got their living by coach painting—they were never in trouble before, to my knowledge—I never missed them out of the house one night—I heard that the robbery was between six and seven o'clock in the evening.
CHARLES HAWKER re-examined. I first saw them about ten minutes past eight o'clock loitering about in Oxford-street, which is about twenty minutes' walk from Buckeridge-street—I am certain it was before half-past eight o'clock—I got to the station about twenty minutes before nine o'clock—I was watching them half an hour—I first saw them at the end of Marylebone-lane.
(The prisoners received good characters.)
WATSON— GUILTY . Aged 20.
MASON— GUILTY . Aged 21.
Confined Nine Months .
in Middlesex-street, Somers Town. The prisoner came to me in January last, complaining of being in distress—I had known her before, for some years, and took her in to nurse my children—on the 7th of April she came up stairs, about half-past ten o'clock, and said that Mrs. Hewett had sent for her in consequence of her child being very ill, and she left me immediately—next day I missed a gown which I had teen on the 2nd of April—the prisoner never returned to me.
ELIZA HEWETT . I live in Aldernon-terrace, Pancras-road, and am the wife of Thomas Hewett. On Saturday night, the 7th of April, the prisoner came to my house, and said she had lost two shillings, which she was sent with to get a gown out of pledge, and could I lend her 2s.—I said I could not spare it—she went out, and returned in ten minutes, and asked leave to stop there all night—she stopped till the Wednesday evening following, and on that evening, in consequence of something, I asked her about some property—she said she had nothing of mine, but that my little boy was continually robbing me, and she had seen him come oat of a pawnbroker's shop—I then put my hand into her pocket, and she said, "If you think I have any thing belonging to you, you are welcome to feel"—I found eight duplicates in her pocket—I gave her in charge, and gave the duplicates to the Inspector.
JOSEPH HURST (police-constable S 62.) I went to Mrs. Hewett's on the 11th of April, and took the prisoner—she was intoxicated, and at the station-house Mrs. Hewett gave eight duplicates to the Inspector—here is one, which relates to a gown.
This is the duplicate of a gown which was pawned at one house—I product the gown—it was pawned by the prisoner—I am sure of her person.
(Property produced and sworn to.)
GUILTY . Aged 57.— Confined Six Months.
(There was another indictment against the prisoner.)
1240. JOHN SAUNDERS was indicted for stealing, on the 14th of April, 1 till, value 1s. 6d.; 3 shillings, 5 sixpences, 2 fourpences, 2 pence, 123 halfpence, and 30 farthings; the goods and monies of James Rushworth.
ELIZABETH RUSHWORTH . I am the wife of James Rushworth, a milkman, who lives in Upper Charlton-street, Fitzroy-square. On the 14th of April, I was in the parlour at the back of our shop—I heard a noise, like the sound of my till being taken—I looked through the window, and saw a boy, with the till in his arms, and he went down the street—I went out as fast as I could, and cried, "Stop thief"—he dropped the till, and I took it up, and brought it in—there were three shillings in it, some sixpences, and some pence and halfpence—there was 5s. 11d. in copper altogether—the prisoner was brought back by John Turnbull—I had not seen the boy so as to know who he was, when he went out of the shop.
JOHN TURNBULL . I live with Mr. Pitman, a green-grocer, in Charlton-street. I was at the door of a house, No. 14, Charlton-street, on the opposite side to the prosecutor's—I heard Rushworth crying, "Stop thief"—I saw the prisoner running, with a till in his hand—as he came to where I was, he dropped the till—I pursued, and took him—he did not run above six or eight doors—I am quite certain it was the prisoner dropped the till.
Prisoner's Defence. I heard a cry of "Stop thief," and then this lad took me.
GUILTY .* Aged 18.— Transported for Seven Years.
JOHN PASCOE (police-sergeant T 19.) On the night of the 7th of May, about eleven o'clock, I was near the railroad at Drayton-green, Ealing—I saw the prisoner on the railroad—he had with him four iron chairs and a hook—I took him into custody—he said be hoped I should be as easy as I could with him; he was a poor unfortunate fellow, and he got the iron from the railroad.
Prisoner's Defence. As I was walking I kicked against this—the serjeant met me, and asked me what I had got, and I told him—I had not a halfpenny in my possession.
GUILTY. Aged 52.—Recommended to mercy by the Jury .— Confined One Month.
VANNAM POCOCK . I am assistant to Mr. Hedges, a pawnbroker, in Drury-lane. On the evening of the 29th of March, the prisoner came and pledged a pair of boots, between eight and nine o'clock, for 6s.—I head the next morning that something had happened at Cogar's—on the 11th of April, he came, with another man, to our shop, for the purpose of looking at the boots, I believe, and I had him taken into custody.
WILLIAM ABRAHAM COGAR . I am a bootmaker, and live in New-street, Covent-garden. On the 29th of March, I left my shop, between six and seven o'clock in the evening—on my return, I missed these boots, which are the property of myself and my father—I had seen them safe when I went out.
Prisoner's Defence. One evening I met a man I knew in Drury-lane—he said, "I have bought a pair of Wellington boots, and I don't like them; I wish you would go and pledge them for me," which I did—he said, "You can ask the pawnbroker if he will buy them," which I did, and the man said, if I would look in, in the course of a few days, he would give me an answer—I went, but he would not—I then bought the ticket myself, and gave 4s. for it—I sold it to Mr. Bailey—he said he would meet me at the corner of Brownlow-street, the next morning, and he went with me to get them out, not having the least idea that they were stolen.
WILLIAM RANDALL (police-sergeant F 8.) I produce a certificate of the prisoner's former conviction from the office of Mr. Clark—(read)—I was at the trial, and the prisoner is the person who was then tried, by the name of James Newett.
GUILTY . Aged 20.— Transported for Fourteen Years.
1243. WILLIAM FARRELL was indicted for receiving, on the 13th of April, of an evil-disposed person, 1 pewter pot, value 1s. 8d., the goods of James Mason, well knowing it to have been stolen; against the Statute, &c.
THOMAS HARRIS . I am a fancy pearl-cutter, and live in Church-lane, Bloomsbury. On the evening of Friday, the 13th of April, my brother-in-law came to sup with me—we had some beer brought from Mr. Mason's, the Robin Hood public-house—it came in a can, and an empty quart pot with it—I believe Mr. Mason's name was on the pot, but I did not look—my brother left me about ten o'clock at night—I missed the quart pot about twelve o'clock the next morning—I had reason to believe my brother-in-law took it away—I sent for him—he told me something about it, and in consequence of that, he took me to the prisoner's, which is in Church-street, I believe—when I went to the prisoner's place, I knocked at the door—I had my brother-in-law alongside of me—the prisoner said, "Come in"—I went in, and he was sitting by the fire—I asked him whether he had bought a quart pot of this boy, showing him my brother-in-law—he denied it—I asked him again, and the boy spoke up, and said, "You did buy it"—I offered the prisoner the 4d. which the boy said he gave him, and then he said he had bought it, but he had taken it home to the landlord's, and put it into the passage—I requested him to go with me to Mr. Mason's, and we all three went together; and I asked Mr. Mason whether the prisoner had brought a quart pot home to him—he said he had not—the prisoner then said he left it in the passage, and then he said he did not, but if Mr. Mason would let him go home, he would get it—Mr. Mason said be would give him the 4d. out of his pocket if he would give him his pot, and he would go with him and get it—the prisoner said he could not get it without he went by himself—he was then given into custody.
FRANCIS BANKS . I was supping with my brother-in-law that night—I saw this quart pot and took it to the prisoner—I had not known him till he had come and spoke to me for two or three days, and then I took this pot to him—he gave me fourpence for it—I told my brother-in-law of it.
Prisoner. You asked if I wanted to buy it, and I said, "No," and you said you had not enough to pay for your lodging, and I gave you ten half-pence for it. Witness. No—you only gave me fourpence.
JAMES MASON . I am landlord of the Robin Hood. I remember the can of beer and the quart pot going to Harris's house—I believe the pot had the name of Boyle on it—I have never seen it since—the two witnesses and the prisoner came to me on the Monday morning—the prisoner requested me to let him go alone, and I would not—I offered to send any man in the room with him, or to go myself, and he would not—I then gave charge of him.
GUILTY .* Aged 39.— Transported for Seven Years.
GEORGE ANTHONY . On the night of the 23rd of April, about eight o'clock, I was in Tottenham Court-road—I saw the prisoner and another person outside the shop of Mr. Wadmore, the pawnbroker's—they were walking to and fro—I saw them look at the window—I then saw the prisoner walk up to the window and take away a rule—I heard the word "Bill" made use of when he got to the middle of the road, two or three times, and the prisoner then took the rule from some where in front of his person, and put it into his pocket—I then gave him in charge.
WILLIAM LANE (police-constable E 83.) I took the prisoner in charge—I took him to the station—he took this rule from his coat pocket, and said he took it from distress—I found 9 1/2 d. on him—he said he had had no victuals for two days.
Prisoner's Defence. I was intoxicated at the time.
GUILTY .* Aged 41.— Confined Six Months.
1245. ANN GRAY was indicted for stealing, on the 20th of April, 1 shawl, value 10s.; 2 sheets, value 5s.; 1 night gown, value 1s.; 1 shift value 1s.; 1 pair of stockings, value 1s.; 1 handkerchief, value 1s.; 1 bag, value 1s.; and 8 yards of edging, value 1s. 6d.; the goods of Joseph William Snell, her master.
ELIZABETH SNELL . I am the wife of Joseph William Snell, a wholesale boot and shoe maker, in Mount-terrace, Whitechapel. The prisoner was in my service for five days—I told her to go away, and saw her cording her box up to go away—I felt the weight of the box, and that excited my suspicion—I wished to open it—she said I had no business to open it without a policeman, that she was an honest servant—I said if she would not open it I would send for a policeman—she then opened it, and I saw a shift of mine, then a night gown of my daughter's, and two sheets cut up in pieces, and a pair of stockings—I sent for a policeman, and when he came, the prisoner said she wanted to go into the yard—I observed something bulky about her, and the policeman took this shawl from her person—these are all my husband's.
JOHN ANDREWS (police-constable K 237.) I was called in by the prosecutor—I observed something like a bundle behind the prisoner—the prisoner said she wanted to go into the yard—I said I would not allow her to go, but I turned her round and took this shawl from under her gown—she said she did not know how it came there.
Prisoner. My mistress knew that I had the shawl—I had washed my flannel petticoat, and had the shawl on to keep me warm—I had neither lock nor key to my box, and I do not know how the things came there.
GUILTY . Aged 32.— Confined Six Months.
OLD COURT.—Friday, May 18th, 1838.
Third Jury, before Mr. Sergeant Arabin.
1246. JOHN WEBB was indicted for stealing, on the 18th of April, at Harrow, 1 lamb, price 7s., the property of James Miller.—2nd COUNT, for killing with intent to steal the carcase; to which he pleaded
GUILTY . Aged 16.— Transported for Ten Years.
1247. ISAAC SMITH was indicted for feloniously breaking and entering the dwelling-house of Samuel Gibbon, on the 25th of April, at Isleworth, and stealing therein 1 watch, value 2l. 10s.; I watch-chain, value 1s.; 1 seal, value 1s.; and 2 watch-keys, value 6d.; his goods; to which he pleaded
GUILTY . Aged 23.— Transported for Ten Years.
1248. SAMUEL JONES was indicted for feloniously breaking and entering the dwelling-house of John Martin, on the 14th of May, and stealing therein 1 gown, value 10s.; 1 shawl, value 4s.; 1 blanket, value 4s.; 2 aprons, value 1s.; and 1 frock, value 1s.; his goods; to which he pleaded
GUILTY . Aged 13.— Confined Six Months.
1249. WILLIAM OSBORN and FREDERICK SELWAY were indicted for stealing, on the 19th of April, 1 cream-jug, value 5l.; 3 forks, value 2l.; and 2 spoons, value 10s.; the goods of Henry Augustus Hanrott, in his dwelling-house.
MR. HORRY conducted the Prosecution.
MARY DILLON . I am servant to Mr. Hanrott, of Queen-square, Bloomsbury. On the 19th of April I was standing at the back kitchen door, and heard somebody moving the plate on the tray—I ran into the kitchen, and saw the prisoner Osborn run out of the kitchen with the plate, and run up the area steps—I followed him, and when I had got my hand almost on him, he dropped the plate, and ran off with the milk-jug—I followed him to the corner of the square—Mr. Norcutt stopped him—he dropped the cream-jug—I took it up, and also the other plate which he threw away—Stevens came to my assistance, and he was taken to master's house—the other prisoner was standing at the top of the steps, and when he saw me run up, he ran away—while we were bringing Osborn back, the policeman joined us—I did not observe anybody else.
THOMAS GASCOIGNE NORCOTT . I live in Queen-square. On the 19th of April I was standing outside my house on the opposite side, by the garden rails, and heard Dillon call out "Thief"—I saw Osborn running as fast as he could along the square with a small bundle under his arm—I called, "Stop thief"—he was secured, and taken back to the house.
EDWARD STEVENS . I am a beadle of Queen-square, and live in Great Ormond-street. On the 19th of April my attention was called by the cry of "Stop thief"—I went into the square, and found Osborn in custody of Mr. Norcutt, who gave him to me—I took him to the prosecutor's house—in going there Selway came up, and put his hand to Osborn, and I considered he passed something to him—I left Osborn at the prosecutor's, and when I returned outside, about two minutes after, Selway was standing at the corner of the square, five or six doors from the prosecutor's house—he ran away—I ran after him, and caught him in Gloucester-street—I told him I wanted him to go back with me—he said, "Very well, I will go back; I know nothing about it"—I said, "Do you mean to say you don't know the prisoner"—he said, "I don't know him"—I took him to the prosecutor's house.
Cross-examined by MR. PAYNE. Q. Is this the first time you have mentioned about a conversation with Selway? A. I believe I mentioned it at the police-office—what I said was taken down.
a noise in the street, I looked out at the window, and saw a crowd round the house—I saw my cream-jug in the hand of somebody, and Osborn in custody—he was brought into my house by Mr. Norcutt, and the square-keeper—these articles are my property—they are worth about 7l.—I would readily give that for them.
Cross-examined. Q. You will not swear they are worth 5l.? A. No, I will not.
GEORGE HOBBS . I am a policeman. I was on duty in Queen-square, on the 19th of April, and was called into the prosecutor's house—I saw Mr. Hanrott and the prisoner Osborn, who was given into my charge with the plate.
OSBORN— GUILTY of larceny only. Aged 14.— Transported for Seven Years.
SELWAY— NOT GUILTY .
Before Mr. Justice Park.
Before Mr. Justice Patteson.
1251. JOHN CLATER and GEORGE OLLEY were indicted for feloniously uttering a forged transfer of £50, which was jointly possessed in the new 31/4 per Cent. Annuities, by the said John Clater and Robert Thomas Wood, with intent to defraud the Governor and Company of the Bank of England, well knowing it to be forged.—2nd COUNT, with intent to defraud Robert Thomas Wood.—3rd COUNT, with intent to defraud Robert Barker.
MESSRS. MAULE, ADOLPHUS, and BULLOCK conducted the Prosecution.
WILLIAM DRINKWATER . I am a clerk in the New Three and a Half per Cents, at the Bank. I have an extract from the books of stock to the amount of 250l., which stood in the names of Clater and Wood, in 1833—none of that stock now remains in the names of those persons—it was transferred at several times—the last transfer was the sum of 50l., on the 26th of October, 1836—I subscribed this transfer (looking at it) as attesting witness—who the parties were that applied to transfer that stock I do not know.
WILLIAM HENRY HAWKINS . I am a stockbroker. I carried on business at the Rotunda till lately—I now carry it on in the Stock Exchange—I know the prisoner Clater—I first became acquainted with him on the 1st of February, 1833—he was introduced to me by a Mr. March, stating that he wanted to purchase some stock, and on that occasion I purchased 250l. in the Three and a Half per Cents., in the names of John Clater and Robert Thomas Wood—the money was paid by Clater—I had other transactions with him—the last was on the 26th of October, 1836—on that occasion 50l. stock was sold, from the names of Thomas Clater and Robert Thomas Wood—the instructions for the sale were given in the morning to my clerk—I have extracts from my book made by myself—my clerk is here—the transfer was made and I signed the draft for 49l. 1s. 3d.—this is my draft—(looking at it)—it is drawn on Williams, Deacon, and Co.—that was for the proceeds of the stock—I delivered the cheque to my clerk—I have
known the prisoner Olley since the 3rd of March, 1836—he was introduced by Clater as Robert Thomas Wood—that was on the occasion of the first sale of the stock—25l. of this stock was sold on that occasion—I saw him subsequently with Clater on eight different occasions—they were for similar transactions—he was represented on those occasions as Robert Thomas Wood.
Cross-examined by MR. JONES. Q. I observe you refer to a paper, to enable you to say how often you saw Olley? A. Yes—that does not assist me in recollecting that he was the person I saw with Clater—to the best of my belief, the 26th of October, 1836, was the last time I saw him before he was charged with this offence—I have not seen him since, to my knowledge—I cannot say precisely how he was dressed the first time I saw him—he was rather shabbily dressed—I saw him a very short time on each occasion—it might be nine or ten minutes—it was longer than three or four minutes—I should say five minutes—I see a great number of persons in the course of a day—he had dark clothes, and I think a dark brown coat, but I cannot be positive—he was not dressed precisely the same on all occasions, but he was very shabby each time—I do not examine people's dresses—my clerk took the greater part in the transaction—I did not know Robert Thomas Wood—I do now—he has informed me that he came with Clater when the stock was first bought in, but I have no recollection of it—I saw him a short time previous to Clater being taken on this charge—I had not any recollection then of his being the person who accompanied Clater when the stock was bought in—Mr. March introduced him—I have no recollection of Mr. March saying any thing about the person who was in company with Clater—I knew March, I believe he is a respectable person—I have never expressed any doubt as to Olley being the man who was with Clater—there was a momentary doubt, I may say on the morning Olley was taken—I did not say I was not certain he was the man—I do not remember making use of any expression at all—my impression was that he was the man when I first saw him—I do not remember expressing any doubt, but it was a serious charge, and I wished to be very cautious before I said any thing—I am almost sure I did not express any doubt, I have no recollection of it—the first time I saw him was as he passed before the Mansion-house, in the street—I was standing at the front gate, and had a passing view of him—I afterwards saw him in the Justice-room.
MR. MAULS. Q. Look at him now—are you sure that is the person you saw eight times on the transfer of the stock? A. I have no doubt—the momentary doubt I had was when he came into the under part of the Mansion-house, which is very dark—he had a hat on then—when I saw him at the bar of the Justice-room I had no doubt, and have none now.
GEORGE THOMAS SKINNER . I am brother-in-law of Mr. Hawkins, and assist him in his business. I have seen the prisoner Clater several times, and I believe Olley is the man who accompanied him—Clater gave the instructions for the sales—the other prisoner was not with him then—on the 26th of October, I received instructions from Clater, who was then alone, to transfer £50 Stock in the New Three and a Half per Cents, standing in the names of John Clater and Robert Thomas Wood—that was in the morning—I cannot exactly say what time the transfer took place—about twelve o'clock perhaps—I received the instructions about an hour before—I prepared this note (looking at one) from instructions given me by Clater.
Cross-examined. Q. How many times did you see the person you believe
to be Olley, with Clater? A. Six or seven times—I did express a doubt about his being the man—I have not seen him since October, 1836, to my knowledge—he was shabbily and dirtily dressed—I cannot recollect what sort of clothes he had on—he was with me four or five minutes on each occasion—I have not said the person who came had red whiskers—I have no recollection of any thing of the kind—I cannot swear I have not said so—I should say I have not said the person was marked with the small-pox—but I had rather not swear I have not said so.
JACOB CARR . I am clerk to Mr. Hawkins. I went with the two prisoners to transfer some stock in the Three and a Half per Cents—I think I went with them seven times to sell stock—I went to identify them—I am sure they are the persons I went to identify the morning they were in custody—I had some doubt when I first saw Olley, but when I came to look at him, I had no doubt—I went with them to the Bank, on the 26th of October, 1836, and transferred the sum of £50, being the whole of the stock remaining—they then assumed the joint names of John Clater and Robert Thomas Wood.
Cross-examined. Q. Where was Olley when you first saw him in custody? A. Passing before us in the street, going to the Mansion-house—Mr. Hawkins was with me at the time—I did not hear Mr. Hawkins say he had any doubt about him—I think I said at first, that I had some doubt about him—I do not remember Mr. Hawkins saying that he had too—I think he did say so just at first, but I am not sure—the parties were about five minutes in my company on each occasion—the man who came with Clater was very shabbily and dirtily dressed—his clothes looked to me like dirty black, but I will not swear it—I did not say I had some doubt about Olley being the man, when I saw him up stairs in the Justice-room, nor any thing of the kind—I told Mr. Hawkins he was the man, as we went up stairs—that was all that passed, and when he saw him in the Justice-room, he said he could swear to him—I did not describe his whiskers, or say he was pock-marked.
MR. ADOLPHUS. Q. Are you the attesting witness to this transfer? A. Yes; I saw the parties sign it—I saw Olley write the name "Robert Thomas Wood" here.
JOHN JABEZ OVER . I am a clerk in the Three and a Half per Cent. Annuity office, in the Bank—I prepared this transfer, on the 26th of October, in consequence of instructions I received from Skinner—it was completed from those instructions.
ROBERT THOMAS WOOD I am a printer's compositor, and live in Henry-street, Gray's Inn-lane—I know the prisoner Clater very well—I married his sister—he is the son of the late Mr. Frederick Clater, who died on the 18th of May, 1882—he and his father were both druggists—after the father's death I and the prisoner acted as executors—I had a sum of 400l. of his to call in—the whole of it was paid to the prisoner in my presence—100l. of it was to be given to the widow of Mr. F. Clater, and the other, after paying the funeral and other expenses, was to be invested in the funds—250l. of it was afterwards invested—it was a good while before it was invested—I made frequent applications to Clater to have it invested, and at last it was done—I never gave authority to anybody whatever, in any way, to transfer that stock—this transfer is in the hand-writing g of the prisoner Clater; but the "Robert Thomas Wood" is not my handwriting—it is an imitation of it—I do not recollect receiving the dividends on the stock at first—they were paid over to Mrs. Mary Clater, the widow
of the late Frederick Clater, by the prisoner—I received one some time after, and paid that over to her—I cannot recollect when that was—it is some time ago—250l. stock was then standing in our joint names—I think it was on that sum I received the dividend—I should have known if any part of it was transferred—I signed this dividend-book (looking at it) when I received it—about the summer of 1835 I made an appointment with Clater to go to the Bank to receive the dividends on this stock—he was to meet me at a public-house in Coppice-row—I went there at the time appointed, and waited about two hours—he did not come—I endeavoured on subsequent occasions to get him to go to the Bank with me to receive the dividend; but could not get him to meet me—I at last applied to the Bank in the early part of this year, and found the stock all sold—I caused application to be made to the Bank to restore it—the receipt to this dividend, dated July, 1834, is in my hand-writing.
Clater. I never promised to meet him in Coppice-row—I met him when be lived in Corporation-row as he was removing, and I said I would meet him the following day at his other residence. Witness. I do not recollect that—he did not meet me when he appointed.
Clater. Q. Did not I assist you in patting something into the cart when I spoke to you? A. I recollect your putting something into the cart, but you did not go that day—you promised to meet me at Bennett's, and when we did go to receive the dividend, which I did receive, we went from Bennett's.
SAMUEL THOMAS SMART . I am in the counting-house of Williams, Deacon, and Co., in Birchin-lane. I paid this cheque—(baking at it)—I cannot tell who to—these are the notes it was paid in—(looking at four notes.)
WILLIAM SUTHERLAND WOOD . I am a chemist and druggist in Exmouth-street, Spafields—I have known the prisoner Olley about three years and Clater eight or nine years—Clater rents premises of my father in Spafields, to make up horse medicine—I often saw Olley and him together in business—he appeared to be assisting him and running errands for him—he often came to me to buy drugs for Clater—I am quite sure of his person—he was not dressed then as he is now—he was very shabby—he appeared to have very slight whiskers there, and rather dark than light.
Cross-examined. Q. Is he a married man? A. I cannot say any thing about that—I have not known where he lived—no more than his being with Clater.
Clater's Defence. Olley lived seven years in the house where I lived for twelve years, at Wilson and Co.'s—I assure you he is not guilty of what he is charged with—Mr. S. Wood has said that he came from me—it is no such thing—he came to me, and I recommended him to Mr. Wood to get these articles, and those were the only transactions I had with him—he did not go for goods for me.
HENRY M'DONALD . I am a licensed victualler, and live in Milton-street, St. Luke's. I have known the prisoner Olley from a child—he lived shopman with me seven years, and bore the best of characters—he has lived in the same house for the last seven years with the people who took the house—he continued there up to the time of his being taken into
custody—I know his hand-writing well—he has written two or three hundred names for me in one day when I carried on the pawnbroker's business—this signature, "Robert Thomas Wood," is not at all like his writing in any way whatever—(looking at the transfer.)
Q. Does that appear to you to be the free and natural hand-writing of a man, or an attempt at disguise? A. I should say it is a free hand—his is a very stiff hand, as he was in the habit, when with a druggist, of writing on parcels going into the country.
MR. MAULE. Q. Was that shown to you at the police-office? A. It was—there were three shown to me—I did not then say it was a disguised hand—allow me to explain—I said when I saw it that it was not his handwriting—I saw the next, and if you will show it me I will tell you it very different to that altogether—it seems written by a man very nervous—I said, "That looks like a woman's writing"—another was then shown to me, and I said, "I am satisfied that is not his hand-writing, but a man might disguise his hand"—the second did not look at all like the other, but I cannot say they were done by different people—one signature appeared very different to the others—this is not it, nor this—(looking at two)—I do not profess to be a judge of hand-writing—Olley was apprenticed to a druggist, and I was apprenticed to his brother, who is a pawnbroker—he was seven years in my employ at different times—I was a tailor and clothier at that time—in fact, I kept a sale shop, and sold every thing almost—I have been a publican going on five years—he has not been in my employ during the last three years, not as a hired servant, but he occasionally went on messages or did any thing for me—I never sent him to Clater—I did not know where Clater lived—I never sent him to buy any drugs—I do not know of his wanting any articles in Clater's line during the last three years.
MR. JONES. Q. In the number of years you have known his handwriting, was it generally uniform, or did it vary? A. He wrote a stiff sort of hand, and I should say it was all pretty well alike—I never knew him disguise his hand, or attempt it.
TIMOTHY PERRY . I am a clothes salesman, and live in Golden-lane, St. Luke's. I have known Olley about twenty years—he bore a good character—I have had opportunities of seeing his hand-writing—not very frequently—I bought goods of him perhaps five or six times—I have seen him write I dare say half a dozen times, and have been able to form a judgment of the general character of his hand-writing—this signature, "Robert Thomas Wood," is not at all like his hand-writing—I have been in the habit of seeing, the writing of different persons in my business.
Q. Does that appear to you the free, unrestrained writing of a man, or a disguised hand? A. I must admit this one appears to me rather disguised—it is not at all like Olley's writing—he writes a different character altogether—he has lived five years, to my knowledge, in his last place of abode—I saw him two or three times a week passing by my shop.
MR. ADOLPHUS. Q. What business has he transacted with you, when you saw him write? A. I bought some hats of him—he used to sell hats on commission for a Mr. White—he made the bills out—I have seen him make them out in my shop four or five or half a dozen times, and have seen him write his own name.
(George Green, Milton-street, Finsbury; Robert Shaw, Wilmington-street, Goswell-street; Thomas Transfield, Eagle Tavern, City-road; John Belstead, Minories; and John Bevan, Leman-street, gave Olley a good character.)
CLATER— GUILTY . Aged 33.
OLLEY— GUILTY . Aged 34.
Transported for Life.
Before Mr. Justice Park.
1252. JOHN GEORGE SHARPE was indicted for feloniously uttering, on the 29th of December, a certain false and forged writing, as and for a copy of an entry in a certain register of marriages, made and kept by the Vicar of the parish of Seighford, in the county of Stafford, of a matter relating to a marriage between Thomas Vaul and Ann Poultney; and THOMAS VAUL was charged as an accessary before the fact.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
EDWARD HARMAM . I am secretary to the New Benevolent Whip Friendly Society. They hold their meetings at the White Hart, in Giltspur-street—the members are chiefly coachmen and guards—the prisoner Vaul was a free member—he must be a member twelve months before he becomes free—a free member is entitled to receive 10l. on the death of his wife—in May, 1836, Vaul gave me a notice of the death of his We, and said he should make a demand for the 10l. to which he was entitled—I told him he must produce the marriage and burial certificates—he said he should call in the ensuing quarter, which would be in June—we have quarterly meetings—he did not come in June—I saw him a few weeks after the quarterly meeting in June, and he said, "By the bye, the certificate I have spoken of was burnt at my house at Basingstoke with other writing!"—I told him by writing to the minister he could obtain another—he made no further remark, and we parted—he continued to be a member down to December last, but never renewed his application for the 10l.—between our conversation in 1836 and December, 1837, he was sick, and received the benefit of the Society from May to August, 1837—on the 29th of December we had a quarterly meeting—on that day the prisoner Sharpe came to me—I never saw him before—he brought this letter, and merely said that he came from Mr. Vaul for the 10l. for his wife's funeral money—the letter was sealed—I cannot positively state whether these certificates were inside it or not at the time—I cannot say whether it had any enclosure or not—I received these two papers from him, either from his hand or in the letter—Vaul was at that time a little in arrear in his contributions to the Society—I said nothing about that to Sharpe—(Letter read.)
"To the Stewards of the Benevolent Whip Club, White Hart, Giltspur-street, Smithfield, 29th December, 1837. No. 1, Pear-street, Westminster. Gentlemen: I have to apologise for not waiting on you in person, but the facts are that my affairs are not so prosperous as they were, and I am in fear of an officer—but if you will have the kindness to deduct my two quarterly payments out of the funeral expenses of my wife, and send the balance by the bearer, I shall be extremely obliged. T. VAUL."
(The certificates being read were of the marriage of Thomas Vaul to Ann Poultney, in April, 1812, by Thomas Corn, curate, extracted from the Register on the 9th of February, 1837, by if alter Malthouse, clerk; and of the burial of Ann Vaul, at Basingstoke, on the 3rd of April, 1886. Signed, "John Blatch, vicar. ")
Q. Had you any conversation on the subject with Sharpe? A. Not any—I paid him 7l. 0s. 9d.—that was what was due, deducting the quarters in arrear—he signed his name in a book, on receiving the money—I
have it here—in consequence of some suspicions, I afterwards wrote to the minister and other persons, from whence the certificates purported to come, and I have two letters here, which were sent to me through the post—I afterwards went down to Seighford, and found no such person as purported to sign the certificate—I examined the register of marriages for 1812, and could find no entry corresponding with that certificate—I never saw Sharpe write till he signed his name to that book—that enables me to form a belief as to the hand-writing of the marriage certificate—I believe the whole of the written part of it to be Sharpe's hand-writing—I have seen Vaul write—I believe the letter Sharpe brought to be Vaul's writing—I only saw him write once.
Cross-examined by MR. PAYNE. Q. You cannot state positively whether the certificates were enclosed in the letter or not? A. cannot—I will not swear they were not—Sharpe gave his right name and address—this is the receipt—(reads)—"Received, John S. Sharp, for T. Vaul, 2, North-place, West-square."—I had him taken into custody on the 25th of April—all that passed when he came was his saying he came from Mr. Vaul, for the funeral money of his wife.
JOHN MOSELY . I am clerk to Mr. John Clark, clerk of the peace for the City of London—I produce a transcript of the rules of the Benevolent Whip Club, as handed to me, returned by Mr. J. T. Pratt, in this paper, which has his seal on it.
REV. EDWARD JOHN RATHBONE . I am a clergyman of the Church of England, and reside at Seighford, about three miles from Stafford. The church is a vicarage—I am the licensed curate, and perform all the duties of the parish—I produce the register of marriages, including 1812—there is no such entry as this purports to be a copy of—I have examined several times before—it only contains five marriages in that year—I was not residing in the parish at the time, but from examining the register I am able to say there was no such curate as Thomas Corn—indeed, I was intimate with the curate at that time—Walter Malthus was not the clerk in 1837—I have resided there eleven years—William Hodges was the clerk at that time, and is at present—this copy of the register is partly printed—I never saw any printed entries at all in that parish—I never used a printed copy of a register—I did all the business of the parish that year.
Cross-examined. Q. Who does the register purport to be kept by? A. By the clergyman—it commences in 1754—the registers were in my possession in 1837—I do not know who kept them in 1812—I was not then the curate—in that year—there are four marriages signed by Edward Whitley, as vicar, and one by William Harding, as officiating minister.
ROBERT CROUTHER . I am a guard to a coach, and live in Cross-street, Hatton-garden. I was present on the 29th of December at the Society, when some money was paid to Sharpe—I saw him produce the letter and certificates—he brought the certificates loose—not inside the letter, to the best of my knowledge—I am a member of the society—it is well known to persons connected with coaches—I never saw Sharpe before—I know he has been book-keeper at the Swan with two necks.
Cross-examined. Q. Will you venture to state positively they were not enclosed in the letter? A. To the best of my knowledge, but I did not pay particular attention to it.
THOMAS HERDSFIELD . I am an officer of the Mansion-house. I was present when the prisoners were examined at Guildhall—after Mr. Harman gave his evidence, Sharpe desired to see the letter and the certificates—I
was desired by the attorney for the prosecution, to hand them to him—I handed to him the letter and certificate of marriage, and he then made a statement which was taken down in writing, before Mr. Alderman Magnay—this signature is the writing of the Alderman—I saw Sharpe put his name to it—he read it himself before he signed it, and altered part of it—(read)—"The prisoner Sharpe says, 'I had written several letters to the club for Mr. Vaul, before that time—at the end of December, he asked me to write another letter, which I did, and he afterwards, on the same day, asked me to copy a burial certificate for him, at a hair-dresser's shop, which I did—he gave me the blank to fill up, and I supposed that the letter which I wrote I delivered to the secretary—I received the money from the Secretary, after giving him the receipt, and I tendered the money to Mr. Vaul the same day—the letter now produced is in Mr. Vaul's hand-writing, and it is a copy of one I wrote for him, with an addition at the bottom—and the marriage certificate now produced it also in my handwriting.
THOMAS HERDSFIELD —(continued.) Q. Until Sharpe heard Mr. Harman give his evidence, did he say one word about having written the certificate, or prepared the letter which Vaul copied? A. I never heard him, and I took Sharpe into custody on the 25th of April—he informed me his wife had a sister, who was living with Vaul, and he took me to the house himself, to show me where Vaul lived, and said his wife's sister was living with him—I told him afterwards what I took him for—he made no statement to me about having copied the letter—I cautioned him not to say any thing, as it would be given in evidence.
Cross-examined. Q. Where did you find him? A. At a hair-dresser's shop—he came forward immediately, on being asked for—he told me where Vaul lived, and took me to his house.
— IBBOTSON. I am book-keeper at the Swan-with-two-necks, Lad-lane. I have known Sharpe twelve years—he has been in our coach-office the best part of that time, and he was in our booking-office part of the time—I have known him in three coach-offices—he mixed with coachmen, guards, and people of that sort.
SHARPE— GUILTY . Aged 29.
VAUL— GUILTY . Aged 46.
Confined Two Years .
Fourth Jury, before Mr. Recorder.
THOMAS SHACKLE . I am in partnership with Alfred William Hurley and John Shackle, at Hayes. This mare was the property of the firm—it was worth 20l.—I lost it on Friday night, the 4th of May—I have since seen it—it was brought back on the following Wednesday, by Murray, the constable.
THOMAS STANMORS . I live at Hayes, in Middlesex, and am a labourer in the prosecutors' employ—they are brick-makers. On Friday, the 4th of May, they had a dark brown cart-mare—I saw it safe at half-past eight o'clock at night, locked in the stable—I went again the next morning, at a quarter to five o'clock, and she was gone—the door was burst open—the lock was broken—I have since seen the mare in Murray's possession.
WILLIAM SMITH . I live at Shinfield, in Berkshire, about twenty-nine miles from Hayes, and am a farmer. On Saturday morning, the 5th of May, I was in my farm-yard, about half past six o'clock, and saw the prisoner leading this mare—the mare was cool, but she was very white indeed, as if she had been ridden hard during the night—I asked him where he was going with it—he said to Burfield—I asked him who to—he said some name, which I do not know—I said there was no such name there—he said he was not going there, but going by there, and through different places to Marlborough—I did not feel satisfied, and sent two of my men after him, on foot—I then saw him get up on the mare, and ride—I then got my nag out, and went after him, and he was brought back, with the mare—I had him locked up, and advertised the mare in the "Hue and Cry," and delivered it to Murray—I have seen it since—it is the same mare as the prisoner had.
GEORGE STAPLE . I am a bricklayer. I went by Mr. Smith's premises on Saturday morning, the 5th of May, between six and seven o'clock, and about a hundred yards from Smith's premises, I saw the prisoner leading the brown mare—Smith sent two men after him—I saw the prisoner mount the mare then, and ride as fast as she could go, as it was very fatigued—Smith gave me his nag—I overtook the prisoner, and brought him back—he then said, "D—the mare, I wish I had never seen her"—I said, "You must go back, and give an account of yourself"—he said he brought her from Reading—she appeared to have come further than that.
Prisoner's Defence. About a quarter past five o'clock in the morning of the 5th of May, I met a man who asked if I wanted a job—I said I should be glad of one—he gave me the horse to take from Burford to Charlford—I was to put it up at night and meet him at Marlborough, about half-past five o'clock.
GUILTY . Aged 17— Transported for Ten Years.
MR. JONES conducted the Prosecution.
ANN BURN . I am the wife of John Burn, he lives in Brick-lane, Bethnalgreen. I knew the deceased by seeing him about the neighbourhood—about a quarter before ten o'clock on Saturday morning, the 5th of May, I saw him standing with his back against the palings very much intoxicated—I was afraid he would fall, and I turned towards my own home—I turned back and saw him shift to the post, and stagger very much—I went home.
Cross-examined by MR. PRENDERGAST. Q. He was in that state he might have had a very heavy fall from drunkenness? A. I was afraid to look at him, fearing he might fall from the post—he was taking hold of the post for protection—he did not look as if he had been fighting at all.
JAMES BROWN . I keep the Adam and Eve, in Church-street, Bethnalgreen. I knew James Abbot, he was a weaver living in Brick-lane—he was about forty-five years old—he came into my house on Saturday morning, the 5th of May, about seven o'clock, and appeared in good health then—he was sober when he came in—I served him with a pint of
ale, and his boy had half a quartern of gin to take home—he joined the prisoner's company in my house and some other people—they drank three or four pots of ale together, and then left my house—when Abbot left he was a little jocular, not with drink, he was always in good spirits—he came back alone in about an hour, and Driver came in afterwards—I served him with a pint of fourpenny ale again—it was not for me to think whether he had had enough—Abbot joked with Driver, and Driver returned the chaffing—Abbot offered Driver a glass of ale, and when he put his hand out to take it, he withdrew it and drank it himself, and said he would see him d—first—the prisoner said it was an unmanly act, and big as he was, he would not mind giving him a thump of the head—after that, they agreed to go out and fight—they left our house with that intention—I advised them to go home—they would have fought before my bar if I had let them—but when they went out, they went on in a friendly way—they did not appear to go out to fight—they talked of fighting, but I did not think they would—they went out in a friendly way—they walked together as coolly as could be, seemingly—I had known the deceased about twenty years—he had been subject to fits up to the time of his death—he had had one only the Thursday previously—I saw Driver after they had fought, and he had a black eye—I did not see the fight—they left my house about nine o'clock—it is a mile from Haggerstone.
Cross-examined by MR. PRENDERGAST. Q. Had the prisoner been drinking too? A. Both were half-tipsy—they went away by themselves—I thought they would go into another house and drink, instead of fighting—Driver's eye was swollen up, that was not so before the fight.
ROBERT CLEMENT . I was clerk to an attorney—I live at Haggerstone. On Saturday morning, the 5th of May, about ten o'clock, I was called into a field of mine at Haggerstone, and saw the deceased and the prisoner—the deceased was on the ground, endeavouring to get up—he got up, and fell down again from intoxication—I said I should give them in charge unless they immediately left the field—they were both stripped to fight—they were going to dress, and the deceased fell again from intoxication, and in about five minutes one of my men endeavoured to dress them, and they went towards the entrance of the field—I heard somebody say "Go it," and turned round and saw Driver reeling from the effects of a blow he must have had from Abbot—I went and parted them—they shook hands, and agreed to go home—I saw no blow struck.
CHARLES GOODWIN . I am a surgeon, and live in Perseverance-terrace, Bethnal-green-road. On Saturday, the 5th of May, between ten and eleven o'clock, I was passing by Ravenscroft-street, and saw the deceased lying on the pathway in a stupid state, as if he was in a fit—at all events there was a great pressure on the brain—I advised that he should be bled—indeed I would have bled him then, but nobody would assist me with what was necessary—about twelve people were round him—I was called to see him at his own residence the next morning, and bled him—he was then in an almost sinking state—I took about ten or twelve ounces of blood from him—I called again in two hours, and he had just died—I remember seeing a bruise under his cheek, which I thought was the effect of a blow, but I cannot say so—I made a post mortem examination on the Monday afternoon—the vessels of the brain were considerably distended with blood, and there were very considerable traces of previous disease in the brain, of rather old
standing, the effect of inflammation, I believe—the man had had fits about two years ago—and I found between the membranes of the brain, clots of blood, which I have no doubt was the cause of death, from pressure producing apoplexy.
Q. What, in your judgment, was the cause of death? A. It might arise from violence, or from disease; and it is possible it might arise from a fall—the old disease alone would be sufficient to account for death.
COURT. Q. Taking great quantities of liquor, and being subject to fits, might not a fall occasion a rupture? A. The excitement of liquor would have easily produced rupture of a vessel, and a fall might have killed him.
CHARLES GRANT . I am a policeman. A little after two o'clock, on Saturday, the 5th of May, in consequence of information, I went to Ravenscroft-street, and saw the deceased lying on the pathway drunk—I knew him before—I took him up and put him to bed—I never could learn that he had been fighting at all—I saw him intoxicated the day before.
NOT GUILTY .
MR. PAYNE conducted the Prosecution.
HENRY BALLARD SILK . I am clerk to Alfred Luck and Co., wholesale Manchester warehousemen, 7, Bread-street, Cheapside. The prisoner had been their porter between seven and eight months—on Wednesday, the 2nd of May, I received a £20 Bank note—I copied the number of it—it was 52255, dated 6th of January, 1838—(looking at a note)—this is it—it corresponds with the entry—I received it about a quarter past one o'clock, and believe it laid on the desk—I received some more money immediately afterwards, and then gave it, with other money, to Mr. Luck, before I west to dinner, at half-past one o'clock.
Cross-examined by MR. DOANE. Q. Was Mr. Luck present when you received it? A. I believe he was, talking to a customer—I left him in the room I received it in, when I went to dinner.
ALFRED LUCK . I am one of the partners in the firm. It is our custom to make up the cash we receive through the day between three and four o'clock—I did so on Wednesday, the 2nd of May, and then missed a £20 note, paid by Mr. Carr, and which I had received from Mr. Silk—I endeavoured to stop it at the Bank that day, but the secretary was gone, and they could not tell me whether it had been paid.
Cross-examined. Q. Did you receive the note yourself at any time? A. My clerk received it—I know it was that particular note, because I had every other but that identical one—I never saw the note to take particular notice of it.
MR. PAYNE. Q. Do the clerks, from time to time, hand over money, and in the afternoon you compare it with the cash-book? A. Yes.
ROBERT CONWORTH FISH . I am a clerk in the Bank of England. It is part of my duty to exchange Bank of England notes—on the 2nd of May I gave twenty sovereigns for this note—we require the name and address to be put on every note before we pay it—here is "Henry Bond, No. 13, Broadwall," on this—we have so many people coming I cannot recollect the person.
Cross-examined. Q. Do you recollect any thing about it? A. Only I paying twenty sovereigns for it—I recollect saying to the party who presented it, "What name do you call this? it is not very legible; do you call this Henry Bond?"—he said, "Yes"—I did not request him to write any name on it—it was brought ready written.
ARTHUR HILL STACE . I am clerk to Messrs. Luck and Co. On Wednesday, the 2nd of May, between half-past one and a little after two o'clock, I was engaged at a desk in the warehouse, near the counting-house—I heard a noise in the counting-house, and observed the prisoner come out—there was nobody there but him, and nobody in the warehouse but the prisoner and myself—the clerks were gone to dinner.
Cross-examined. Q. It was not business hours then? A. No—I was not engaged in business—I was not amusing myself with the prisoner—I was reading—there is a pulley in the warehouse—the prisoner and I were amusing ourselves with pulling the weight up out of a box with the pulley, I recollect that now—it was not that that made the noise—we were in the warehouse about half an hour—we have a Mr. Brown, a buyer, in the establishment—he did not come in while we were so engaged, and send the prisoner out on an errand to Deakins—I did not see the prisoner go out—I will not swear that Brown did not come in—he might hive sent the prisoner out on an errand, and I not observe it—the fire was generally kept in the counting-house—it was not the prisoner's business to attend to the fire—I never saw him at the fire—on my asking him that day what he did there, he told me he had been laying the fire—there are about seven clerks or porters who live in the house, and three or four who do not live in the house—there are about a dozen altogether.
COURT. Q. But they were not there at this time? A. No.
MR. PAYNE. Q. Was it on your asking him about his being in the counting-house at that time that he said he was laying the fire? A. Yes—he had never told me so before—all the twelve persons can go to the counting-house—I did not see the prisoner go to dinner.
SAMUEL SMITH . I am in the employ of Messrs. Luck and Co., as packer. I was at home on Wednesday, the 2nd of May—the prisoner went to dinner that day, at twenty minutes after two o'clock—he generally goes about two o'clock—he was rather later than usual that day—the clerks went to dinner about half-past one o'clock—(looking at the note)—I believe this writing, "Henry Bond, Broadwall," to be the prisoner's hand-writing—I have frequently seen him write—to the best of my belief it is—he writes in our delivery-books sometimes.
Cross-examined. Q. Did you look in the delivery-books, and compare it with them? A. It is in consequence of my seeing him write, I believe it to be his—I am still in the prosecutors' service—I have not had any particular variance with the prisoner; a chance word or two might have occurred—he has not complained of my conduct in particular, not that I am aware of—I have had no particular quarrel with him—I never heard him say that he must leave the service in consequence of my conduct—we have been very good friends—one of the partners of the firm desired me to look at the writing on the note, two or three days afterwards—I have not seen him write those words before—it is not his name—my evidence has not been influenced in the least from the circumstance of his being suspected—I certainly had been given to understand that he had been in the counting-house that day—I believe it to be his ordinary, straightforward hand, no
sort of disguise—it is his regular style of writing, as if he had been writing in a book—all the letters are formed as he usually formed them.
MR. PAYNE. Q. Have you had any quarrel to induce you to have a vindictive feeling towards him? A. Not the least.
GEORGE BUCKLAND . I lived in the service of Luck and Co., at the same time as the prisoner, and have seen him write—I believe this name, "Henry Bond, Broadwall," on the note, to be the prisoner's hand. writing.
Cross-examined. Q. You have frequently seen him write? A. Occasionally I have—I was asked about this on the following Tuesday.
ALFRED LUCK re-examined. My house is in the parish of All-Hallows, Bread-street—the counting-house is part of the dwelling-house, it joins it—there are two entrances—the entrance to the warehouse is under the same roof as the dwelling-house—there is a communication between the counting-house and the dwelling-house, without going into the street or the yard.
MR. DOANE called
EDWARD FOUTHROPE . I am the prisoner's brother (looking at the note)—I cannot form any judgment as to whose hand-writing this is—I do not believe it to be my brother's hand-writing—I saw him on Wednesday evening, the 2nd of May, when we went home—we lived together—on the Saturday morning, as he was taken up on Tuesday, he said, "Have you any silver' you can spare?" which he has done frequently before, and I gave him two half-crowns—that was on the Saturday after the 2nd of May, before I was up—he did not say what he wanted it for—he said he would let me have it again when we settled.
MR. PAYNE. Q. When did he usually receive his wages? A. not know whether it was Saturday or Monday—it was about seven o'clock, or a quarter past, in the morning, that he borrowed it of me—I did not go before the Magistrate to state this.
NOT GUILTY .
MR. PAYNE conducted the Prosecution.
MARIE COSME . I belong to France, and have been servant to Monsieur Laland, I suppose three years, or three years and a half. When we came to this country we lived at Mrs. Kerley's—I and Monsieur Laland slept in the same room—there was one room with two beds—I cooked for him, in Mrs. Kerley's kitchen—I remember once, when my master was not at home, Mrs. Kerley and I were sitting in the kitchen—I do not know what month it was in—it was this year—Mrs. Kerley asked me several times whether Monsieur Laland had any money in his boxes, and I replied, "Yes"—Mrs. Kerley asked me if Monsieur Laland was gone to the Postoffice—I said, "Yes"—(it was on a Friday)—she asked me again whether I was quite sure Monsieur Laland's money was in his box—I said, "Yes"—she went into her apartments for some pin, and gave me a glass, and made me sit down by the fire—she said Monsieur Laland had plenty of money in his box, and if I liked to take it she had keys that would open
it—she got up from her chair, and locked the kitchen door—she gave me two glasses of gin and water before she locked the door—they were good-sized glasses—not very large—the gin stupified me—Mrs. Kerley locked the kitchen door—she made me drink another glass, making three glasses, and then I went to sleep—when I awoke I heard a noise—I went into my master's room, and saw Mrs. Kerley, with Monsieur Laland's money in her hand, and the key, and at the same time she pushed the box under the bed with her feet—he kept his money in a girdle in a box—when I went in, I said to Mrs. Kerley, "You have taken Monsieur Laland's money, and have not left him any"—she said, yes, there was a good deal left; she had not taken all—she said, "Oh, Marie, don't tell Monsieur Laland of my robbing the sovereigns, and ten for you"—she gave me ten—I was not altogether recovered from the effects of the gin—my head was still affected—she gave me the money, and some paper, and told me to put the money into the paper, and the following day we should go to the Borough market and buy a purse—on the evening of the next day we went to buy a purse—it was at a woman's, who sells things in the market—when we arrived there, she said she came to buy a purse to put file money is—I was going to buy one for 3d. but she recommended me to buy one for 6d., which would have two pockets in it, to divide my money—I was going to pay with a sovereign, but she recommended me not; she would give me shilling to pay, which she did—I got home at night, and had some more gin, and oranges, which we bought on the road home—we drank half a pint of gin—I changed a sovereign on Sunday, to buy gin and apples, in he same street—Mrs. Kerley recommended me not to change the sovereign where I went for the gin, because my master might go there, and hear of my changing it—she said the next week we would go and buy clothes, and for me to quit my master to go to Jersey—I bought some calico, some flannel, a pair of gloves, and stockings—on Sunday Monsieur Laland spoke to a policeman, who said he would find, as a constable, to come and inquire into it—when I heard of the constable coming I spoke to Mrs. Kerley about it, and said Monsieur Laland had lost a great deal of money, and recommended her to put it back—she said, "You must not tell Monsieur Laland I have taken his money, or we may both be transported"—I cried, and she said, "Don't cry, Marie; never mind"—she did not say any thing else—when Monsieur Laland and the constable were both gone out, Mrs. Kerley old me to put the eight sovereigns which I had, between the sheet and the feather-bed—two sovereigns had been spent—she told me at the same time to put the purse down the privy, as the constable might search her—I gave this account to my master—two weeks passed before I told him, because we had agreed together to divide the money, and go to Jersey.
Cross-examined by MR. CHAMBERS. Q. How long have you been in England? A. About five months—Mrs. Kerley did not speak French—she spoke English to me very well—Mons. Laland is a merchant—when the gin was brought, Mons. Laland was gone to the Post-office—I do not know how long he was away—it was a long time—he went out at half-past one or two o'clock, I suppose—I do not know what time he came home in the afternoon—I went to bed very drunk—I spent two sovereigns in cakes, oranges, gin, and pudding, and put eight into the bed—when Mons. Laland came home, and found me in bed, the ten sovereigns were in my pocket wrapped up in paper—I was asleep when he came in—he said, Where is Marie?"—Mrs. Kerley said, "Marie no good; gone to bed"—I
told Monsieur Laland of this in two weeks—I am no relation to him—I have lived with him I suppose three years, or three and a half—I am nineteen years old in October—I left the eight sovereigns in the bed—I told this story at Mrs. Kerley's—I told the prosecutor he had been robbed—that was two weeks after leaving Mrs. Kerley—I left the eight sovereigns in the bed—I left the house immediately the constable had searched.
PETER CHARLES FRANCIS LOUIS LALAND . Marie Cosme lived servant with me for nearly three years—I went to live at Mrs. Kerley's, in Beer-lane, in November—on the 14th of January we came from the coach to Mrs. Kerley's, where I had lived before, and I asked Mrs. Kerley if she had a room for me and the young woman, and I stopped there with her—we slept in the same room, in different beds, and the beds were parted with some sheets—I had ninety-four sovereigns, 50l. in notes, and some silver, which I put into the belt, in my trunk under my bed—in a few days after I opened the belt, to put a note into it, and put it again into the trunk, under my clothes—I saw the belt with the sovereigns in it, four or five days after I arrived—I was very ill at the time—and on the 16th of February I wrote a letter to my son, as I had got a little better—I took the letter to the Post-office after dinner, and left the witness at home with the prisoner—I was out perhaps two hours and a half—I must go through the kitchen to go to my room—I tried the kitchen door, and it was locked—I left my umbrella at the door and went away—I returned in about half an hour and found the door open, and the prisoner in the kitchen—she said, "You have been here before, for I found an umbrella at the door"—I asked where the girl was, she said she was unwell, and was in bed—I went into the room to sleep, but I did not speak to the girl that evening—she was in bed—a few days after, I found some flannel and calico, and asked what that was for—the prisoner was there, and told me it was for herself, and she said, "I hope you have no objection for the young woman to work for me"—I said, "No"—I missed the money on the 1st of the month—I had been to a sale to buy a ring, and had not enough money—I went home to fetch the money to pay, and found almost all my money gone from the belt, and I saw a hole in the belt—I called Marie, and said, "I am robbed"—I found thirty-five sovereigns left—I did not know what to do—I said I was robbed, and would look for a constable—I was in hopes they would put the money back again,-and did not look for a constable for three days—Marie afterwards gave me an account of this.
Cross-examined. Q. When did she tell you? A. She told me about ten days afterwards—I do not know whether that is more than eight weeks ago—I went before the Lord Mayor about six weeks ago—he told me to come here—I did not come the very day he told me—I waited three days, I think—I am a merchant—I deal in apples and cyder—I buy tea to sell in Jersey, and red herrings—I lodged at the prisoner's six weeks before I was here—Marie Cosme was not with me then—I lived about five weeks then with the prisoner—I do not know how much money I had then—I had a belt and money—there was a Jersey woman with me—she lodged in the same room with me—she was an old woman—Marie has been in my service three years—she was in the same room with me—I did not speak to her the night of the robbery after finding her in bed—the kitchen-door opens on the stairs—I must pass through the kitchen to go to my room—when the prisoner went out she
used to lock the door and take the key—she was out when I found it locked—when I discovered the loss, I immediately called out, "Marie, I have been robbed" Marie was in the room, and she saw me count my sovereigns—she had seen my belt and my mode of keeping money before that, hut I did not suspect her—I used to leave 3, 000 francs for her to take care of—I did not see her dressed in any new clothes—her wages are 100 francs a year—I have not paid her any thing in this country, because she was in service in Jersey before I was here last time, but she was ill, and came back to me—the prisoner was in the habit of showing her about London, and walking with her.
Prisoner. Q. Have you ever had occasion to distrust her? A. Never—I did not give her any wages here because she was ill in Jersey, and cost me three guineas.
COURT. Q. Is she still in your service? A. No—I kept her here for this trial.
ANN LLOYD . I keep a stand in the Borough-market. I remember the French girl coming to my stand, not long after Christmas—I cannot tell the date—I think the prisoner came with her, but I cannot swear to her—the person who came with her looked at my articles, and bought some worsted, a halfpennyworth of pins, a pair of combs, and a purse—she chose a sixpenny purse, a double one, with two slides to it—she said she thought the sixpenny one best—the things came to It.—I cannot say whose hands I received it from, but I believe it was the elderly woman—the woman said she was a French girl—she did not say who she belonged to, nor where she was going.
WILLIAM CHILD . I am an officer. I was called in on the 26th of March, by the prosecutor—I searched the house—the prisoner was there—she said she knew nothing at all about this—she said she had heard Mons. Laland counting money, that was all—I examined the trunk, and searched the house but found no money.
Cross-examined. Q. Did you search the bed? A. I did not take the clothes off, I only turned the beds up—I searched the feather bed—I turned the bed up and shook it—I attended before the Lord Mayor—I believe the prisoner attended the first hearing—it was put off for a week—she was allowed to go at large, and she attended the following week—the Lord Mayor directed the prosecutor to come here and prefer the charge—that was on the Monday—I had seen the prisoner before, many times—her husband and she have the first floor, and let it out in lodgings—it is No. 7, Beer-lane, Tower-street—I went through all the rooms on the floor.
COURT. Q. Is it possible for any lodgers to get access to the room? A. Not without the people of the house knowing it.
MR. PAYNE. Q. Did you come here to be examined before the Grand Jury last Sessions? A. We came, but were about five minutes too late.
PETER CHARLES FRANCIS LOUIS LALAND re-examined. I went into the country two days after I missed my money—I staid a week there, and when I came back Marie Cosme told me of this—I did not leave her at the prisoner's when I went away—when I complained of the loss she did not tell me how the money went—I asked her several questions, on finding eight shifts, and she said "I will tell you the truth."
JURY. Q. Did you accuse her of the robbery? A. When I discovered the shifts, I asked her where she got them from, and she told me every thing.
NOT GUILTY .
NEW COURT.—Friday, May 18th, 1838.
Sixth Jury, before Mr. Common Sergeant.
1257. WILLIAM PRYKE was indicted for stealing, on the 11th of April, 9 yards of printed cotton, value 9s.; 2 yards of satin, value 8s.; the goods of Thomas Poppy, his master; also, on the 29th of April, 9 yards of printed cotton, value 9s.; 1 handkerchief, value 2s. 9d.; 1 shawl, value 3s.; 1 scarf, value 2s.; and 9 yards of ribbon, value 8s.; the goods of Thomas Poppy, his master; to which he pleaded
GUILTY . Aged 20.— Confined Three Months.
GUILTY . Aged 25.— Transported for Seven Years.
GUILTY . Aged 18.— Confined One Year.
1260. GEORGE LEDGETT was indicted for stealing, on the 6th of May, 2 shirts, value 6s.; 1 handkerchief, value 6d.; 1 cap, value 6d.; and 1 pair of stockings, value 6d.; the goods of James Robert Ricketts; to which he pleaded
GUILTY . Aged 18.— Confined Six Months.
MESSRS. SCARLETT and ELLIS conducted the Prosecution.
JOHN CROSSLEY . I am shopman to Complin and Field, druggists, of Bishopsgate-street. The prisoner came into the shop for a pennyworth of pil. cochia, about five o'clock, on the 19th of March—he gave me a shilling—I saw it was bad, and charged him with it—(I had seen him on the Saturday previous)—he said he did not know it was bad—I kept it in my hand, and sent for an officer—I kept the shilling in my hand, and gave it to the officer—I am positive it was the one I received from the prisoner.
HENRY HEAD (City police-constable 22.) I took the prisoner into custody, and received a counterfeit shilling from Crossley—I have kept it ever since, this is it—the prisoner gave no account of himself—he was discharged on the 31st of March.
JOHN HENRY HOWARD . I am the son of Mr. Howard, a baker, in Houndsditch. The prisoner came to my father's shop on the 3rd of April, for two penny loaves—he took them out of the window, and put down a shilling—I discovered it was bad, and took it in to my father—he said he took it of a butcher in Duke's-place—I offered to go with him to the butcher, and he went down Duke's-place, but he could not find the butcher—he then ran away—I followed him, and called the policeman in Leadenhall-street—the prisoner attempted to strike me—I gave the shilling to the officer.
prisoner, and produce the shilling—I found on him a piece of meat, and twopence in copper.
GUILTY .* Aged 18— Confined One Year.
BRIDGET CANNON . I sell oranges. On the 10th of April, I sold two oranges to the prisoner—she gave me a half-crown, and I gave her 2s. 4 1/2 d. in change—I put the half-crown into my pocket, and found the next morning that it was bad—I told a policeman what had happened, and also a woman named Fuller—the policeman took me to the station, about ten days afterwards, and I recognised the prisoner as the woman who had given me the half-crown—I gave the same half-crown to the policeman.
MARY FULLER . I live at No. 32, Saffron-hill—I sell oranges in Smithfield. I saw the prisoner on the 11th of April—I sold her three oranges for 2 1/4 d.—she gave me a half-crown—I gave her 2s. 4d., all but a farthing—a young man came up, and was buying some oranges, and when the prisoner was gone, I sounded the half-crown, and found it was bad—I gave the same half-crown to the officer, Crawley—I could not give my fatherless child a supper the same night, in consequence of this.
CHARLES WALLER (City police-sergeant 8.) I took the prisoner on the 27th of April, at the Feathers public-house, Cock-lane—she was in the tap-room with a parcel of men and women, playing at cards—I found on her four shillings, two sixpences, and twopence in copper.
Prisoner's Defence. I know the woman, but I never gave her a half-crown—the other woman says that I bought two oranges of her on the 11th, and gave her a half-crown, but I never saw her, nor gave her a half-crown—I never had any such money near me.
GUILTY . Aged 18.— Confined One Year.
CHRISTIAN WALDONER . I live with Mr. Halliday, who keeps the Stafford Arms, at Pimlico. On Wednesday, the 4th of April, I served the prisoner with a glass of gin, between seven and eight o'clock—he gave me a shilling, and I gave him change—I put the shilling into the till—there was no other shilling there at that time—about eight o'clock Mr. Halliday came down—he took the shilling from the till, and saw it was a bad one—I am sure it was the same that the prisoner had given me—Mr. Halliday laid the shilling on the shelf, and told Mrs. Halliday and me not to meddle with it—it remained there till the evening, when Mrs. Halliday served the prisoner with half a pint of ale, and he gave her another shilling—the shilling that remained on the shelf was given to the officer.
Prisoner. Q. Do you recollect at the time that another man took a glass of rum, and paid you another shilling? A. No.
Wednesday morning seeing my husband put a shilling on the shelf—it remained there till the evening—I saw the prisoner come that evening for half a pint of sixpenny ale—he offered me a shilling—I told him it was a bad one—I kept it in my hand, and sent for a policeman—I gave him that shilling, and he had the one that was on the shelf.
WILLIAM BUTLER (police-constable B 139.) I went to the Stafford Arms, and took the prisoner—I found on him a penny and a farthing—Mrs. Halliday gave me one shilling, and Mr. Halliday gave me another—I produce them.
JOHN HALLIDAY . On the morning of the 4th of April I looked into the till, and found one shilling—I took it out, and showed it to my wife—I then put it on the shelf, and it was afterwards given to the policeman.
GUILTY . Aged 27.— Confined One Year.
MARY CORNWALL . I was assisting at Mrs. Hele's, in Drury-lane, on the 17th of April—the prisoner came into her shop for a pennyworth of pudding—she gave me a bad sixpence—I said to her, "How many more have you got of this sort?"—she said, "It is a good one"—I said, "I never saw a good one like it"—Mrs. Hele said, "What is the matter?"—I said it was a bad sixpence—she said, "Give it to me"—the little boy called a policeman, and Mrs. Hele gave the sixpence into his possession—I saw another sixpence at the station-house—I gave the same sixpence as I took from the prisoner to Mrs. Hele.
Prisoner. Q. Did not you go to the man that sat in the same box? A. There was not a man sitting in the box, nor in the house.
EDWARD MABB (police-constable F 114.) I was on duty in Drury-lane, on the 17th of April, and was called into the shop by a little boy—I received from Mrs. Hele this counterfeit sixpence—I have kept it ever since—I searched the prisoner at the station, and found another counterfeit sixpence, and 4 1/2 d. in copper on her—the prisoner did not give any account of herself then, but the next day she said she received the sixpence from a woman in Wear's-passage, Somers-town—she gave her own name as Jane Lines, and said she lived in Tyndal-place—I went and found that she did not, but her mother did.
Prisoner. Q. Are they not passable? A. They are.
Prisoner's Defence. I went to Battle-bridge, on the 17th of April, to have a child inoculated, and being without money I pawned a shawl for 3s.—on returning home through Wear's-passage, I saw a petticoat for sale—I inquired the price—the woman said fourpence—I gave her one shilling, and she gave me a sixpence which was very much battered—she said if it was refused she would change it—when I went for the pennyworth of pudding, I gave a sixpence, but not the one I had taken in Wear's-passage—that was in my pocket when I was taken—the woman attended at the office, but was not allowed to speak.
my office, who stated she was a clothes dealer, and lived at No. 13, Wear's-passage, and that a transaction took place between her and the prisoner as to a flannel petticoat, and she had given her a bad sixpence—I sent the policeman to subpoena that woman, and he stated that no such person was to be found.
GUILTY . Aged 27.— Confined One Year.
ELIZA BARNARD . I reside at Wandsworth. I was on a visit to Mrs. Fraser, who keeps a public-house at Knightsbridge—on the 31st of March, the two prisoners came to the bar for half-a-quartern of gin—I am sure they are the persons—Tobin asked for the gin—she was served—she and the other prisoner drank it—Tobin gave a shilling in payment—I received it from her, and put it into a small bowl in a till—there was no other coin in the bowl—I gave her 10d. in copper—before they left Mrs. Fraser came in, and a man named Brook.
HANNAH FRASER . I keep the Rose and Crown, at Knightsbridge. I came down stairs on the 31st of March, when Eliza Barnard was there—I found one shilling in the till, and there was no other money there—I took it out, and gave it to Brook, the constable.
MART SAWYER . I am the wife of Charles Sawyer, who keeps the Castle beer-shop, at Kensington. I was in my shop on the 31st of March when the two prisoners came in—I think it was Tobin called for a pint of porter—I served her, and she paid me a shilling—I think both the prisoners partook of the porter—Tobin laid the shilling down on the counter—I gave her a sixpence and fourpence, and put the shilling into the till—it fell in the corner of the till—there was other money at the further end of the till, but none where the shilling fell—I noticed the shilling looked black, but I thought it was dirty—the prisoners drank their beer and went out—in a minute or two Brook the constable came in—he asked to look at the shilling—I marked it and gave it him.
Tobin. It rattled against other silver, and if she took it for a good one, it is not likely that she put it into a corner by itself. Witness. It did not rattle against other silver—I put it into a comer by itself.
JAMES BROOK (police-constable L 118.) I saw the two prisoners together on the 31st of March, near the Obelisk—after they left Mrs. Fraser's I followed them on to Kensington—I went in and got the shillings at Mrs. Fraser's and Mrs. Sawyer's, after the prisoners left—these are the shillings.
Tobin. When we were at the Catherine Wheel, in the Borough, one day, he came in and we treated him. Witness. No, they did not—when I was at the Hall one day, some persons asked me about Mr. Powell—there was a pot of half-and-half there, and they asked me to drink, which I did.
JAMES ALLAN . I keep the King's Arms, near Wellclose-square. In the afternoon of the 7th of April, I was in my bar, and the two prisoners came in and asked for half-a-quartern of gin—I served them—Tobin paid me a shilling—I put it into the till—there were five or six sixpences there, but no other shilling, I am certain—when the prisoners were gone the officer Goff came in—my wife, called, me and said had taken, a bad shilling—I
then examined it and found it was bad—my wife marked it and gave it to me—I gave it to the policeman.
PHŒBR ALLAN . I took the shilling out of the till—there was nothing else in it but sixpences—I gave the same shilling to my husband, and he gave it to the policeman—I am quite sure it was the one I took from the till.
CHARLES BURGESS GOFF (police-constable L 31.) I produce the shilling which I received from Mr. Allan—I was induced to follow the prisoners, and saw them go into three different places—I received some other shillings from some other public-house keepers.
TOBIN— GUILTY . Aged 32.
M'DONALD— GUILTY . Aged 24.
Confined One Year.
SIMON JOSEPH COSOREAVE . I am employed by Mr. Hugh M'lntosh at Ealing. On Thursday night, the 12th of April, I saw the prisoner neck the water-side, near the boats—I directed the attention of an officer to him—I saw the prisoner afterwards in a boat crossing the water, and he had a piece of timber with him.
Cross-examined by MR. PHILLIPS. Q. Was he not using it as a scull to get across? A. Yes.
COURT. Q. Did he take it out of the boat with him? A. No, when he came out, I went and took him, and he let the timber float away with the tide.
EDWARD TALBOT (police-constable T 30.) I saw the prisoner by the boat, and the witness gave me information—I took the prisoner—he had been patting himself across the water with this piece of timber—there was no timber in the boat.
Cross-examined. Q. Did he not say it slipped out of his hand as He was getting out of the boat? A. He said it did.
NOT GUILTY .
JAMES CATHIE . I am shopman to Mr. John Spooner, cheesemonger, of Picket-street, Strand. About six o'clock in the evening, on the 21 St. of April, I was inside my master's shop—the prisoner came and asked for a pennyworth of cheese, and as he walked out he took this cheese off some more cheeses in the window, and as soon as he got out he ran away—I followed him with a cry of "Stop thief," and secured him in Southampton-buildings—I brought him back, and gave him to the first policeman I met.
Prisoner. I had no cheese with me. Witness. A little before he was stopped he dropped the cheese—I took it up, and two gentlemen stopped him.
Prisoner's Defence. I was at the corner of Star-yard—there was a cry, and I thought I had broken a window—I ran and was taken.
GUILTY . Aged 17.— Confined Three Months.
GEORGE TRAVELL . I am salesman to Mr. James Gideon, of Stafford-street, Lisson Grove. I was outside watching his goods, on the morning of the 9th of April, and missed a coat—I inquired if it had been removed—the other salesman said it had not—a butcher followed the prisoner—this is my master's coat, and the one I missed that morning.
JOHN GARRATT . I live in Stafford-street I was at the corner of Devonshire-street that morning, and saw the prisoner with a coat—I ran after him—he was taken, but he threw the coat down—I took it up—I am sure he dropped it.
Printer's Defence. I and William Doyle started off to look for work—a gentleman came up and took us, and said we stole a coat, but wt were both innocent of it.
GUILTY . Aged 17.— Confined Three Months.
1269. RICHARD BARNETT was indicted for stealing, on the 24th of April, 1 coat, value 2l. 15s.; 1 shawl, value 4s.; and 1 pair of gloves, value 6d.; the goods of William Daldy; and that he had been before convicted of felony.
WILLIAM DALDY . I am coachman to Mrs. Elizabeth Gray, of Great George-street. I was in my mistress's stable, in Down-street, on the night of the 21st of April—the prisoner was at the door, assisting me—I hung my great-coat on the stall-post in the stable—I was going out, and I told the prisoner to shut the door after me—he said, "Yes, how long will you be gone?"—I said, "About ten minutes"—he shut the door—whether he remained or went away I do not know—I went back about half-past eleven o'clock, and the coat, and gloves, and shawl, were gone—the prisoner returned, and I asked him about them—he said he knew nothing about them.
JOHN ROBERTS . I am a pawnbroker, and live in York-street. I took this coat in pledge of a lad about the age of the prisoner and his size—I could not swear to him—this is the duplicate I gave—(looking at one)—I lent him 10s.—the coat was tied up in this shawl.
Prisoner's Defence. It was not me that took it—as I was going out a young man was going in.
GUILTY . Aged 16.— Transported for Seven Years.
WILLIAM FRENCH . I am a window glass-cutter. In consequence of information, on the 14th of April, I examined and missed from my cutting board sixty-two squares of glass—they had been prepared for a particular customer, and cut to a particular size—the glass that is now produced Is mine, and that which was so cut.
Cross-examined by MR. CLARKSON. Q. There were sixty-two of these squares? A. Yes—it is not plate glass, but window glass—a portion of the glass in this basket was put together after it had been broken—it corresponds with the manufacture of my glass, and is mine—the person
who made it does not manufacture for me only—there were sixty-two squares—they were all of the same size—they weighed 23lbs. 8oz.
Q. Have you stated that the glass that is here forms in the whole fifty squares? A. No; nor has anybody in my presence—what I swear to it by is, that it is made by my manufacturer, and putting these pieces together in the shape of the glass, I know it is mine—the size of the square is 121/4 by 73/4—I can put these pieces together into a square of that size—this is not a common size—I can swear that these pieces form a part of one square, and these pieces were taken out of this basket—it is called window crown glass.
GEORGE TEAKLE (police-sergeant H 8.) On the morning of the 23rd of April I went to the prisoner's house in Flower-and-Dean-street—I asked him if he had any objection to have his place searched—he said, "Not the least, look where you like"—I went up stairs to the first floor—I said be had better come up, and see what I did—I went to a box near the fire place, and while I was looking down I heard a noise in the second floor—I looked round, and the prisoner was gone—I ran up stairs, and found him trampling on glass—I asked him what made him break it—he said it was his own, he might do as he pleased.
Cross-examined. Q. Have you weighed this glass? A. I saw it weighed—it weighed 20lbs.—the prosecutor said there were about fifty square of it.
NOT GUILTY .
1271. JANE DAVIS was indicted for stealing, on the 22nd of April, 1 watch, value 30s.; 1 watch-chain, value 1s.; 1 seal, value 8s.; and 1 watch-key, value 6d.; the goods of John Walters, from his person.
JOHN WALTERS . I live in Little Grosvenor-street, and am a shoemaker. On the 22nd of April, at two o'clock in the morning, I met the prisoner—she took me to her own house in Charles-street, Drury-lane—I had a watch safe in my pocket at that time—I laid down on the bed, and when I awoke in the morning I missed my watch—the prisoner was then going out of the room—I believe she had been with me all night—I found my watch in a tea-pot, on the mantel-piece, in the room, but I had called the policeman before I found it—the prisoner denied that I had a watch when I came in, but there was another woman there—I do not know whether she might have put the watch there, or whether I dropped it.
NOT GUILTY .
1272. THOMAS SIDWELL was indicted for feloniously receiving, on the 6th of March, 1000 bricks, value 1l. 10s., the goods of Thomas Grissell and another, well knowing the same to have been stolen; against the Statute, &c.
MR. CLARKSON conducted the Prosecution.
JAMES LAUOHTON . I am foreman in the employ of Messrs. Thomas Grissell and Peto—they are engaged in a contract for part of the Great Western Railway, at Westbourne-green, on the Harrow-road. I know Abraham Stroud, the brick-maker—he has brick-fields at Cowley—we had bought a large quantity of bricks of him—they were conveyed by boats on the canal—there is the letter "A" on the moulded side of Mr. Stroud's bricks—this is one of them—(looking at a brick)—we contracted with Curnock, the wharfinger, No. 19, Wharf, Paddington, to cart these bricks—on
the 7th of March, I received information from a man named Drury—he is a labourer working under me—in consequence of that information, I went with Drury and Man to Horrox-street, Marylebone—that is about half a mile from the works—I went to Horrox-street, on the 8th of March—I went past the wharf from whence the bricks were taken—there is a stable in Horrox-street—when I got to that stable, I found from three hundred to four hundred bricks—I cannot swear to any that I found there, but I believe them to be ours—I went one day, it might be the next day, to a shed in Homer-row—I looked through a hole in the door, and I saw some of Stroud's bricks—on the 10th of March, I went in company with a policeinspector, to that same shed—the door was then broken open by the inspector, and I found a quantity of those bricks belonging to my employers—I suppose there were a thousand, or there might be more—they were marked with the letter "A"—they are worth about 30s. a thousand—these bricks were under my Superintendence and care, and I employed persons to cart them from the wharf to the works.
JOHN CURNOCK . I am a wharfinger and carman, at No. 19, Wharf, Paddington. I contract to cart the bricks from the wharf to the works at Westbourne-green—I did not see any carts loaded with bricks to go to the works, but the carts were there—they were my father's carts—five hundred bricks were put into each cart—we employed a carter for each cart—one of the carters was named Townsend—he was tried here last Sessions, and acquitted—there were two other carters named Scott and Tucker—they have ran away since—there were two other carters, one of whom I found was guilty, and I discharged him—the other one is here now—the usual time for the carters to leave the wharf in the morning is six o'clock—in taking the bricks from our wharf to Westbourne-green, the carters would have no business in Horrox-street at all, it is quite in a different way—they would have no business in Homer-row.
JOHH DRURY . I am a labourer in the employ of Messrs. Grissell and Peto, I live at No. 5, Horrox-street. I was aware, in March last, that Mr. Curnock's carts were employed in taking bricks from the wharf to Westbourne-green—on the morning of the 6th of March, I left my house to go to work, about ten minutes past six o'clock—the prisoner keeps a stable in Horror-street—I have to pass that stable as I go to work—that is the same stable to which Mr. Laughton afterwards went with me—I knew Townsend and Scott, both, and I knew they were employed by Mr. Curnock to draw bricks to Westbourne-green—as I went to work that morning, I saw Townsend first—he pulled his horse's head round, and shot out the load of brick's in his cart against Sid well's stable-door, and then he turned to assist Scott to shoot his—they were shot in the same place—I am accustomed to bricks—I know that they are taken from a cart by the hand, and piled up—but these bricks were shot out—the tail-board was taken out, and the cart tipped up—that attracted my attention—directly after I saw the second load shot, I took up one of the bricks and saw the letter A marked upon it—I did not see Mr. Laughton on that Tuesday, but I saw him on the Wednesday after, and told him of it—on the Thursday morning, as I was going to work, I saw two other loads of bricks shot, in the same place went with Mr. Laughton and Maw that morning to Horrox street, I Found some bricks outside the stable—Mr. Laughton left Mars at the stable and went to Sidwell's house—I was looking about to see if I could see any thing
of Sidwell, and I saw Sidwell's carter come up with Sidwell's horse and cart—he began to load the bricks—Sidwell came up in seven or eight minutes, and he assisted the man to load the cart—I do not know what became of the cart, it was loading when I went away.
Cross-examined by MR. PHILLIPS. Q. What time of day was this? A. Between nine and ten o'clock in the morning—eight o'clock is breakfast time—it was after breakfast, it was broad daylight—I was examined on the trial of Townsend—I swore positively on that occasion that I saw Townsend shoot the bricks, but he was acquitted.
Q. Were you ever taken up for any thing? A. I was never sent to any prison in my life—I was taken on a false charge, which was satisfied by the Magistrate, Mr. Rawlinson—it was some lead that a young roan took from his father's place—I was with him—I was never taken up except on that occasion, nor never in a police-office—I never was in any police-office in any way as a witness, or a friend, or taken up—I was never at Marylebone police-office in my life but once, and that was about the lead—I have not been many times at Marylebone police-office to see a friend, when there were bits of rows—I have been in the yard, but not in the office—I have been many times in the yard, but not in the office but once.
Q. Did you not swear on Townsend's trial, that you had been in the office many times to see a friend when there had been bits of rows? A. Not that I know of—I do not know that I might have sworn it and forgot it.
Q. Did you not swear that you would not swear that you had not been there twenty or a hundred times? A. I do not know that I swore it—I have not the least doubt that Townsend was the man I saw shoot the bricks.
MR. CLARKSON. Q. Do you know that Scott has run away? A. Yes—I said, on the last trial, "I did not tee the foreman till the Wednesday, and I told him between nine and ten o'clock—I was never taken up—I was taken up on a false case—I did not swear I was never taken up—I did not get any thing done to me—it was for stealing some lead—I was taken to Marylebone office—I was only examined once—there was another young man and me together—he took it from his father—I have never been at Marylebone police-office but that once—I have been there many times to see a friend, when there were bits of rows—I will not swear I have not been there twenty times, or a hundred times—I never was under any charge but the lead—I was never charged with stealing any thing else, neither there nor any where else—I know the brick bridge in the Harrow-road—I cannot tell how far that is from Horrox-street."
CORNELIUS MARS . I am a labourer, in the employ of Messrs. Grissell and Peto. I accompanied Mr. Laughton and Drury to Horrox-street, on the 8th of March—there were some bricks there—they ordered me to watch them—Mr. Laughton went to look for somebody, and while I remained there I saw a man come who was very much like the prisoner—to the best of my knowledge it was him—he helped the carter to load the bricks—he went away after the cart was loaded, and left the carter with the cart—the prisoner asked if I was watching the cart—I told him at first I was not—he kept on asking me, and I told him at last how it was—I followed the cart, and the bricks were taken to No. 23, Orchard-street, Portman-market.
RICHARD ROADNIGHT . (police-constable T 120.) I went with Mr. Laughton on the 8th of March, to No. 23, Orchard-street—I found a quantity of bricks there, marked with two stars at each end—I had taken a man named Townsend into custody before I found them—I accompanied
Mr. Laughton and Mars to the prisoner's home in Molyneux-street—I did not find him daring the months of March, April, and part of May—I have been making inquiries for him at his house, and could not find him.
Cross-examined. Q. Did he surrender? A. I do not know, I have to doubt that he did—he was not before a Magistrate.
GEORGE FELTHAM . I am inspector of the T division. I broke open the door of a shed in Homer-row, belonging to Sidwell, on the 10th of March—Mr. Laughton was with me and Roadnight—we found as many as fifteen hundred bricks, belonging to Messrs. Grissell and Peto—they were taken to No. 19 wharf, Paddington—I did not take any from any other place—Roadnight did, but they were a different kind of brick altogether—I obtained a warrant, on the 10th of March, to apprehend the prisoner, and a very exertion has been made by me and the police to find out where he was, tat we could not find him—his house is No. 48, Molyneux-street.
COURT. Q. How far is his house from the shed in Homer-row? A. Fifty-sixty yards—it is out of sight of the shed.
Cross-examined. Q. How far is it from Horrox-street? A. Forty fifty yards—I went to his house and saw his wife—I told her I had a warrant against him.
ABRAHAM STROUD . I am a brickmaker, and live in Liverpool-road, slington. I have brick-kilns at Cowley, near Uxbridge—before March last I made quantity of bricks for Messrs. Grissell and Peto—this brick (looking at one) I made for them—up to the 6th of March I had never sold to anybody but Grissell and peto any bricks marked with the letter A, since the 9th of November last.
NOT GUILTY .
1273. EDWIN BELLAMY was indicted for feloniously receiving, on the 12th of April, 10 stereotype plates, value 20s.; and 170lbs. weight well knowing the same to have been stolen; against the Statute, &c.
MR. CHAMBERS. conducted the prosecution.
GEORGE HENRY DAVIDSON I live in Tudor-street, Blackfriars, and am a printer and stereotype founder. A person named Dinnage was in my employ—previous to the 12th of April I suspected I was being robbed—I missed such metal as we use for the manufacturing of stereotype plates—about the 17th of April I went to Mr. Pavyer's—I there saw a quantity of metal, which I recognised as mine—I know these stereotype plates(looking at them) to be mine—I had never sold or disposed of them at all.
Cross-examined by MR. PHILLIPS. Q. How long had know Dinnage? A. A very few weeks—he was taken up and charged with stealing this property—I took the prisoner and a man of the name of Jones—I have been in prison to see Dinnage once since Bellamy was committed—I went with Mr. Hobler's clerk the beginning of this week—I do not think I have spoken to Dinnage on this subject except except in prison.
HENRY JONES . I live in Little Whites-alley, Fetter-lane. I recollect going to Mr. Pavyer with some metal, which I took from Bellamy—he gave me two shillings for taking it, and I was to sell it at Mr. Pavyer's—but previous to that I took a sample to Mr. Pavyer's, which I had from Bellamy—Mr. Pavyer offered me 18s. a cwt, for the metal, and in consequence of what took place between me and him, I took some metal to him—Bellamy directed me ask a guinea a cwt, for it—I agreed with Mr. pavyer, and then I went back to Bellamy, and said, "Will you take 18s.
a cwt?"—he said, "No;" he had given 13s. 4d. for it—I was after taken up by Brand, and told him who I brought it from.
Cross-examined. Q. You were taken up for having stolen it? A. suppose they thought I might have stolen it—I did not ask Brand what took me for—he came and asked me whether I had got a hammer—I not find out he was an officer, till I got to Guildhall—he told me he to me about some metal which was sold to Mr. Pavyer—he did not tell a it was what I was suspected of stealing—he asked me on the Tuesday I had had any metal—of course I was taken on suspicion of stealing and being taken up I accused the prisoner—I had the metal to sell Easter Monday.
BENJAMIN PAVYER . I am a type and stereotype founder, but I do stereotype on my own premises—Mr. Davidson stereotypes for me—I live at No. 13, Bartholomew-close. Jones brought two bags to my premise containing metal for sale, but previous to that he brought a sample as agreed for price—this is the metal he brought—(looking at it)—I was to give a guinea a cwt. for it—in consequence of that I saw Mr. Davidson.
WILLIAM BRAND . I am a City officer. I took Jones into custody, as in consequence of information I got from him, I went to the prisoner place of business in Fleet-lane—I saw him there, and asked if he had any transactions in metal with a man named Jones—he hesitated a moment or two, and then he said he had—I asked how he became possessed of the metal—he said he had bought it in his shop—I asked him if he had borough it in the bulk, or by parts—he said he bought it by pieces; and the said he bought it in a lump of a man who worked upon the premises—I no premises were mentioned—I told him he must go with me to the place where the metal was, and see Jones—I took him to Mr. Pavyer's when Jones was, and then Jones said he had received it of Mr. Bellamy—then went to Mr. Davidson's, and took Bellamy into the melting department, where there were two men at work—Bellamy said there was one man of the two that he believed was the man he had the metal of—that man turned out to be Dinnage, and by putting another dress on him, we made him more certain of him—I apprehended Dinnage—Bellamy said his face, "This is the man"—I took him into custody—I have the metal which I got from Mr. Pavyer.
Cross-examined. Q. Did not Bellamy tell you he thought he should know the man again? A. He said he thought he should—I said he must go with us and we would show him some persons—when he got to the premises, he said, "I think that is the man by his voice, bat he is in another dress," and when he put on his right dress, he said, "That is the man, but Dinnage seemed to bold his face the reverse way, so that Bellamy could not so well identify him—when I told Dinnage he was charged with stealing the property, he denied it, and said he knew nothing about it—but he said so very faintly.
JAMES DINNAGE (a prisoner.) I went into Mr. Davidson's employ March. I remained six or seven weeks with him—there was metal and metal plates about his premises in the factory where I worked—soon after I entered his employ, I took some metal out of the pot, and some metal plates that had been cast—I took some about the 12th of April to Mr. Bellamy, in Fleet-lane—I had known him eight or ten months—he gave me a penny a pound, which is 9s. 4d. a cwt—I had taken him two brass moulding frames before the 12th of April, and metal a great many times—he
gave me a penny a pound for that—I was taken up on a charge of stealing this metal—I cannot say whether this is what I took on the 12th of April, but it was metal of this description—I used to sell it him in the shop—he has told me, when any one else has been in the shop, to go backwards—he never asked me where I got it, to my knowledge—since I have been in prison, Bellamy has been in prison—we were in the same place when we were in the Compter, and he told me if I would state before the Alderman when I was taken up the next morning, that he gave 16s. a cwt. for it, and say it came from a bankruptcy stock, that he would live my wife 5l., pay her rent, and assist me as much as he could—that he would keep me in prison, and employ counsel on the trial—Jones was resent when he first mentioned this—I told Bellamy I could give him no answer till I had seen my wife—I sent for her, and she came next morning—I spoke to Bellamy, and he said the same as I have stated, in her presence—my wife said, "No, have nothing at all to do with it"
Cross-examined. Q. This was before you went before the Alderman? A. Yes—I was afterwards sworn to tell the whole truth before the Alderman, but did not state this—I did not say a word before the Alderman of Bellamy desiring me not to sell if I saw any one in the shop—I did not think of those two things—I have seen Mr. Davidson in the prison, and another gentleman—I do not know his name—I only saw him once—that was after I went before the Alderman—I remember Brand coming with Bellamy to Mr. Davidson's premises—I tried to hide my face from Bellamy—I did lot hear him say that he knew me by my voice—I put on the dress I have on now, by Brand's desire—I did not hear Bellamy say then that I was the man—I told Brand I did not know any thing about the metal—that was false—before I was in Mr. Davidson's service, I was in the service of Mr. Beckham, a stereotype founder—I took a fancy to some of his metal—he was not my first master—Bellamy did not Know where I lived—I expected to be tried for this—I hope to be saved by giving testimony—I saw Mr. Davidson in prison—he said it would be all in my favour if I told this.
Q. Was anybody present at the conversation you had with Bellamy, but your wife? A. There were others in the room, but I do not suppose they heard it—there were two or three persons, but they were not near me—some of them were by the fire—I was not near the fire—they were perhaps five or six yards from me, when Mr. Bellamy made this communication—Jones took part in the conversation—he heard it—I forgot all this before the Magistrate.
MR. CHAMBERS. Q. Was it Mr. Hobler's clerk that came to you in prison?' A. Yes—when I was in Mr. Beckham's service, and took metal, I sold it to the prisoner.
CATHERINE DINNAGE . I am the wife of James Dinnage. I recollect going to the Compter and seeing Bellamy and my husband there—Bellamy said he could not swear to him, and that he was not the man, and I left with the conviction that he said my husband was not the man—on the Saturday I was sent for again, and then Bellamy said he was obliged to say that my husband was the man, and if he would say he gave him so much a cwt. for it, he would give me a sum of money, and assist me as much as he could while my husband was in prison, and pay the rent—5l. was mentioned afterwards.
Cross-examined. Q. You left the Compter under the conviction that Bellamy
said that your husband was not the man? A. Yes—I should think then were eight or ten or a dozen men in the room, but none that I knew—I did not notice whether there were any ladies—these persons were within two or three yards of me—they were walking all about the room—some close and some at a distance.
GEORGE HENRY DAVIDSON re-examined. I gave 30s. a cwt. for this metal JURY. Q. Are these old or new metals? A. Some are old, and some new—they are mostly what have been rejected as unfit for use, and given to Dinnage to be melted down, but some have not—they must have been taken out of the office.
GUILTY .* Aged 44.— Transported for Fourteen Years.
Fifth Jury, before Mr. Sergeant Arabin.
JOHN BRADFIELD . I serve in the shop of Mr. Edward Lander, a shoemaker, in Tottenham Court-road. On the 1st of May I had taken the shutters down, and as I returned for the bars (no one was in the shop) I met the prisoner just coming out of the shop, with two pairs of Wellington boots—I said, "Halloo"—he threw them down, and ran off—I pursued—he got from me—I gave up the chase, and returned to the shop—I took up the boots—there was mud on them—I can swear they are my master's—I am sure the prisoner is the person.
Prisoner. I was going along Alfred-street, Tottenham Court-road, and heard a cry of "Stop thief"—there were several persons going along—the policeman took me—I know nothing about the charge.
GUILTY . Aged 19.— Confined Three Months.
1275. MARY SANTRY was indicted for stealing, on the 1st of April 1 spoon, value 5s.; 1 ring, value 1l. 10s.; 1 scarf, value 13s.; 6 pairs of stockings, value 12s.; the goods of John Long: 9 yards of lace, value 15s.; 1 pair of stockings, value 2s.; 3 necklaces, value 1l. 1s.; 1 ear-ring and drop, value 2s.; 1 thimble, value 1s.; and 1/2 yard of linen cloth, value 1s.; the goods of Septimus Johnson, her master.
ELIZABETH JOHNSON . I am the wife of Septimus Johnson, of King-street, Golden-square. The prisoner lived with me about two months, as servant of all work—I went up stairs into my bed-rooms, after a fit of sickness, and saw the prisoner's box stand open—I saw in it my silver thimble, which had been lost ever since Christmas—I looked further, and saw a spoon marked "J. L."—I found my necklace, which had been taken out of my box in September—the prisoner was going away, and I let her go, but told her I should not pay her wages till I looked over my things—I and my husband looked, and missed a great many things—she came again for her wages—I called her into my bed-room, and asked her if she could give me any account of my things taken in September last—she said she knew nothing about them, and she wished God might strike her dead if she did—I said, "Will you allow me to look into your box?"—she pulled up her gown to search for her key, but I had locked the room where her box was—I then found these things in her box—part of them are mine, and part are Mr. Long's.
Cross-examined. Q. When did she come into your service? A. in
in March, 1887, and left me on the 7th of April last—I gave her 2s. a week till August, and after that 2s. 6d.—I would have paid her when I discharged her, but being so ill I could not look over my things—after she left me I did not hear of her till the 19th of April, when she summoned me—when I mentioned my wish to look into her box, she said she would fetch it down, and show me—when I found these things, she said it was her mother's necklace, and she would fetch her aunt to prove it—she said she found Mrs. Long's spoon in the dust-hole, and the ring on the stairs.
EMMA LONG . I lodge at Mrs. Johnson's. This spoon and scarf are mine, and this ring and stockings—this ring, had been by my dressingglass, and the spoon by the side of it—I cannot tell where this scarf was taken from.
Cross-examined. Q. When had you missed this scarf? A. I had not missed it till it was found in her box—here is one pair of my husband's stockings, and three pairs of mine.
Cross-examined. Q. Where did you take her? A. At the Court of Requests, in Castle-street.
WILLIAM GARNER . I am a labourer, and work on the Great Western railroad. I was in London on Saturday the 30th of April—I had had a little ale in the forepart of the evening, but I was not drunk—I went to get a night's lodging, and I and another young man went home with the two prisoners—I engaged with Farrell—they took us to their room—I laid my jacket on the bed, and my boots I put under the bed—I had 18s. which I put into my watch-pocket—I went to bed about eleven o'clock—we all went to one bed—I awoke about half-past four o'clock—the prisoners were both gone, and my clothes were gone also—my companion was asleep on the bed by my side—I got up and looked ferny things—I then went down, and took two constables up to the room—they looked about several rooms, but the prisoners were not to be found—I lost my coat, boots, and handkerchief, but no money—I found my coat at the pawnbroker's on Tuesday morning, and the officer found the ticket of the boots—I knew the prisoners before—I have seen them in many places in London where I have been—I gave Farrell half a crown, and the other young man gave Bennett half a crown.
GEORGE GAUGE . I bought the duplicate of the coat of the prisoner Bennett—I knew her before—I went and looked at the coat, and it was not big enough for me—I went to sell it and met the prosecutor's mate—he fetched him to see if it was his.
went to Steven-street, and the prisoners were not at home I—I found them at a public-house—Farrell said it was the other's, and she had brought her into it by selling the ticket.
Farrell's Defence. We met this young man and another—they took us to several public-houses, and kept us till one or two o'clock in the morning, and then went home with us—they staid till Monday morning—they gave us no money, but said we might pawn the things as a recompence.
FARRELL*— GUILTY . Aged 22.
BENNETT— GUILTY . Aged 19.
Transported for Seven Years.
SARAH STANBOEOUGH . I am the wife of Charles Stanborough, a labourer, and live in Richmond-buildings, Kingsland. I knew the prisoner for three weeks, by his coming backwards and forwards to the house—I sent him on the 28th of April for a quartern loaf, he got it, and asked me if he should take it up stairs to my room—I told him no, as the stairs were clean, but to put it on the stairs—he made some hesitation, and seemed to wish to take it up—I told him to take it up, and put it on the sideboard—I had a ring on the mantel-piece in that room, which I missed a quarter of an hour after he was gone—this is it—(looking at one)—the prisoner's uncle lodges in the house, he is a doll-maker, and respectable in his trade.
Prisoner's Defence, I used to go there to see my aunt—I fetched this loaf, and was told to take it up stairs—as I came down, I saw this ring on the stairs—I took it up—I had nothing to eat scarcely for two days, and that induced me to pawn it as I went home—my father took me to my aunt's, and they made me tell where I had pawned it, and said they would do nothing to me—the ring was broken when I found it—it was separated about the eighth of an inch, and I shoved it together with my fingers.
GUILTY .* Aged 17.— Transported for Seven Years.
WILLIAM ELSTON . I live in King-street, Tower-hill, and am a shoemaker. The prisoner had been my journeyman last summer, but he was not so recently—he called on me on the 22nd of March, and I left him in care of my shop, between five and six o'clock in the afternoon—I returned in a quarter of an hour, and he was gone—I missed a coat and a pair of boot-legs—I went to his mother the same evening; he was not there—I could not find him till last Wednesday—these are the boot-legs I lost—I know them by the name inside (examining them.)
Cross-examined by MR. JONES. Q. Do you mean your name? A. No, Mr. Jeremy Smith's—they are worth about 1s.—I went to the prisoner's mother to know where he lived—she said she did not know—I gave information to the police immediately after I lost the things—I have not seen my coat since—when I met the prisoner in Ratcliffe-highway I gave him in charge.
Cross-examined. Q. What did you do with them? A. I put new feet to them—they were merely the back parts when I bought them—I had one of them in my possession when he was taken—the other was at the boot-closer's—I did not see him again till he was in custody—I think I bought them about five or six o'clock in the day.
(The prisoner received a good character.)
GUILTY. Aged 24.—Recommended to mercy .— Confined Three Months.
MART FRIMLEY . I am the wife of John Frimley, a publican. We live at Islington—the prisoner was our servant of all work for a fortnight and two days—I saw her nursing the child in the bar on the 4th of May—I observed her put something under her arm, and she hurried out of the bar—I then missed one of the packets of copper from the table where, we occasionally put money—I directly followed her into the passage and accused her of it—I took the child from her arms, and then took the packet of halfpence from under her arm—there were halfpence and pence mixed—I waited till my husband returned, and he sent for a policeman—I know it was mine, for there had been seven packages of copper, and one was gone.
Prisoner's Defence. I once found some Bank-notes in her bed-room—I took them down to her, and she said she had forgotten them—I took a sovereign to her that she had left in the bar, and she said she had forgotten it—I did not take the halfpence to keep them, but to quiet the child. Witness. I do not recollect those circumstances at all.
GUILTY. Aged 28.—Recommended to mercy by the Prosecutrix .
Confined Three Months.
The prisoner had been his errand-boy for about twelve months—he was employed to bring goods from my master's shop to another shop of his—on the 6th of April he came from my master's shop in Whitechapel with a truck of goods, and we returned, by him, from the shop in Old-street, five pounds' worth of copper, which he was to take to Mr. Anderton's in Whitechapel—this
was Mr. Anderton's money—the prisoner was not seen any more of till the 28th.
GUILTY . Aged 19.— Confined Three Months.
1281. BENJAMIN COOPER was indicted for stealing, on the 13th of April, 1 hat, value 3s.; and 1 handkerchief, value 6d.; the goods of William Pearce.—2nd COUNT, stating them to be the goods of George Perceval Perman.
WILLIAM PEARCE . I live at Sutton-Colton, in Hampshire. I came up by the wagon to seek for work on the 12th of April, and when I got to Hounslow I was very ill—Mr. Perman's is the night-house—I got there between one and two o'clock in the morning, and I went to bed, and did not sec the prisoner—I gave my hat into Mr. Perman's hands, for him to take care of—when I got up in the morning I inquired for the hat, and it was gone, and the handkerchief also—these are them—(looking at them.)
GEORGE PERCEVAL PBRMAN . I keep the White Bear Inn, at Hounslow. I recollect the prosecutor coming—he was very ill—he gave me the hat and handkerchief—I put them into the bar—in the morning he asked me for them, and they could not be found—I said I was very sorry, I must satisfy him—he said the hat cost 7s.—a man in there said, "I know where that hat and handkerchief are; they were brought to a lodging-house this morning at five o'clock"—I got an officer, and went to the lodging-house, but the prisoner was gone to Brentford—he was afterwards taken with the handkerchief tied round his neck—he said he would not tell us where the hat was till we got to Hounslow, and then he said he had sold it at Kingston—we went there, and found it.
GEORGE WARD . I live at Hounslow. The prisoner brought this hat to my house on the 13th, and asked if I would buy it—I would not—he then went away to Brentford—he had only lodged one night at my house.
Prisoner. I said I picked up the property, and you said you would not buy it because it was like a man's hat that was lately married. Witness. Yes, you did.
Prisoner's Defence. I came to this man's house—I got up to go to the coaches, and found this hat and the handkerchief with a piece of bread in it—I put the hat on till nine o'clock, and then I offered it to everybody for sale—when the constable took me he said, "You are a prisoner for stealing a hat"—I said I had stolen none, and I gave him the handkerchief the bread was tied up in.
GUILTY . Aged 21.— Confined Six Months.
1282. MARGARET LEONARD was indicted for stealing, on the 26th of March, 2 shillings, the monies of John Beckett, from the person of Mary Ann Alice Beckett; and that she had been before convicted of felony.
MART ANN ALICE BECKETT . I am not quite eight years old; I live with my father and mother in Leather-lane; my father is a gilder. I recollect, some time ago, my mother gave me two shillings to go to pay Mr. Gobby, the milkman—I had the 2s. in my hand, and the prisoner met me at the
corner of Cross-street—I did not know her before—she said to me, "Mind, little girl, there is a man gone down there who took something from my mistress, and mind him, or you will be served the same"—she took the 2s. out of my hand, and put it into a piece of black silk, and pretended to put it down my bosom, and she put the piece of black silk down my bosom, but nothing in it—I found that as soon as I got down to the milkman's—I am sure the prisoner is the person.
JAMES LOCK (police-constable G 197.) I took the prisoner into custody—Mr. Beckett charged her with this—she said she never taw the child—she was taken to the station-house, and 11 1/2 d. found on her.
Primer's Defence. I never saw the child in my life.
GUILTY .* Aged 15.— Transported for Ten Years.
ELIZABATH CRODKER. I am the wife of Robert Crocker; we keep a tobacconist's shop, in Yardley-street, spa-fields. On the 14th of may, about half-past nine o'clock, we had a jar on the counter, which contained about three ounces of tobacco—I missed it from the counter, but I did not see either of the prisoners—the policeman came and asked if I had lost any thing, and I described the property—this is it—(looking at it.) JOHN BURLEY (police-constable G 50.) I saw the prisoners running last Monday evening, the 14th of May, about fifteen or twenty yards from the prosecutor's house—Manley had got this jar—I took them all into custody.
CHAMBERS*— GUILTY —Aged 16.
LLOYD*— GUILTY —Aged 12.
Transported for Seven Years.
MANLEY— GUILTY —Aged 17.
Confined One Month, and Whipped.
NOAH HUETT . I am a bookseller. I knew the prisoner, end had bought a book of him—he came to me again, I think, on the 5th of April, and brought this book, which is Paley's Works—I bought it of him for half a crown.
WILLIAM MILLER , Jun. I am the son of William Miller, a bookseller, who lives in Upper East Smithfield. I know this book to be my father's—it has his private mark in it—it had not been sold—I saw the prisoner in our shop on the 5th of April, between two and three o'clock, and when he left we missed this book.
Prisoner's Defence. I was in the Sun public-house, in Drury-lane, and a young man brought the book in for sale—nobody would buy it—he asked me to sell it for him—I sold it for half a crown, and brought the money back to him—I received no profit from it.
GUILTY . Aged 22.— Confined Three Months.
1285. LAWRENCE BAILEY was indicted for stealing, on the 8th of May, 1 eye-glass, value 18s.; and 1 breast-pin, value 2s.; the goods of Thomas Maher; 2 bodkins, value 6d.; and 1 finger-shield, value 6d.; the goods of John Maher.
HARRIET GALLENT . I am the wife of Thomas William Gallent; I lodge in Kingsgate-street, Holborn. I was going out between ten and eleven o'clock in the morning, on the 8th of May, and saw the prisoner coming out of the prosecutor's parlour—I went into the passage, and said, "What do you want here?"—he said he came from Mr. Jenner's, the dyer's, and he wanted Mr. Jones's office—I detained him—he struggled and struck me—Mrs. Maher came to my assistance—I said she had better go into the parlour, and then she missed these things.
MARIA MAHER . I am the wife of John Maher; we live in Fisher-street, Red Lion-square. I heard a noise, and saw the prisoner in the passage—I went into the parlour, and missed from a box an eye-glass, and these other things—the eye-glass and pin are my son's, Thomas Maher—I went into the passage, and taxed the prisoner with having my property, and he produced it from his pocket.
Prisoner, I never struck her at all—it is false.
GUILTY .* Aged 19.— Transported for Seven years.
JAMES RICHARDS . I keep a livery-stable in Oxford-street The coat was placed in my charge by the tailor, and I put it into my harness-room—the prisoner was a helper in my stable at the time, and had access to my harness-room.
(Property produced and sworn to.)
Prisoner's Defence. I bought the duplicate of a man who was working for Mr. Richards—as to the coat I never saw it.
GUILTY . Aged 36.— Confined Three Months.
WILLIAM WETTERS . I live in Hertford-street, Fitzroy-square, and am a broker. I was in my shop on the 8th of May, and was told a woman had stolen a table from outside the door—I went out, and saw the prisoner carrying this table—she put it down on the step of the private door, and then she took it up again—I went and asked her where she was going with it—she said to Kensington, and that she had bought it last Saturday night—I took it from her, and gave her in charge—she was very drunk.
Prisoner. A lady gave me a little to drink, and it took effect on me. (The prisoner received a good character.)
GUILTY . Aged 46.— Confined One Month.
OLD COURT.—Saturday, May 19th, 1838.
Second Jury, before Mr. Sergeant Arabin.
1288. HENRY SPEAR was indicted for stealing, on the 26th of March, at St. George in the East, 1 watch, value 6l.; 2 seals, value 10s.; 1 watch ribbon, value 1s.; 1 split-ring, value 3s. 1 watch key, value 5s.; 2 brooches, value 1l.; 1 necklace, value 2s.; 1 pair of ear-rings, value 10s.; 1 ring, value 10s.; 1 purse, value 2s. 6d.; 2 half-crowns, 7 shillings, and 2 sixpences; the goods and monies of Charles Boxall: and 1 pair of shoes, value 5s.; and 22 pieces of copper coin, value 6d.; the goods and monies of John Franklin, in the dwelling-house of James Barber.
ELIZABETH JANE BOXALL . I live with my father, James Barber, who is a clock maker, in Commercial-road; Charles Boxhall, my husband, is a pastry cook—the prisoner worked in the house for my father—on the 26th of March, about two o'clock, I went up stairs for my ear-rings, which had been in my bed-room, and missed them, and all the articles stated in the indictment—the watch was in a looking-glass drawer—the property belonging to my husband amounted to about 12l.—the prisoner was the only person missing from the house—I had not seen him in the house on the 26th, which was Monday—I had seen him on the Saturday—I saw the things safe between eight and nine o'clock on the morning of the 26th.
THOMAS COAKLEY . I am a tinman, and live in Church-row, Commercial-road. The prisoner lodged there about a month, and slept in the same room as me—on the 26th of March, about two o'clock, he came home, and went through the room down stairs up to the sleeping-room.
Prisoner. He said at the office he could not swear to me. Witness. It is not true.
THOMAS HENRY BOSWORTH . I am an inspector of the police at Bristol. On the 9th of April I apprehended the prisoner there, and found a silk purse, containing 3s. 6d., two duplicates, and some old coins on him, and a pair of boots on his feet.
MRS. BOXALL re-examined. I believe this to be my purse—it had 13s. in it when I lost it.
CHARLES BOXALL . That is my watch. 'Prisoner's Defence (written.) The first week I was in Mr. Barker's employment, me and John, Mr. Barker's apprentice, got into conversation about tramping for work, and how much he should like to see the country, and how much he should like to go with me, because, as he said, he though that having travelled two or three times for work I naturally should know the best way of getting an existence on the road, and I told him that if ever I tramped again that I should go down to my friends in Bristol—we had held a little conversation about tramping several timer during the time that I worked for his master, which was about six weeks About two or three days before I left, he made a proposition to me (having previously heard his master tell me that he should not be able to employ me after the Saturday.) to tramp with me to Bristol, and if I would go he would lend me his boots to tramp in, because my boots were bad; upon which I left on the Monday—he told me to stop till they were all gone down stairs to their dinners, and then to put on his boots and leave directly, which I did, and he would meet me at the Black Boy at Windsor on the Tuesday week, with plenty of money. I went straight from there to my lodgings, where there was my fellow lodger, with whom I had been like brothers, and I had, with his consent, the use of his top coat, when he did not want it himself, because my coat was not a very good one. I was not in the habit of asking him for the loan of it every time I wanted it but used to go and take it, as I did on the day in question. I wandered about London for work till the following Monday morning, when, being very short of money, I got a young man to pledge the coat for me, because I had not been in the habit of pledging any thing, and he got me 5s. on it I then made the best of my way to Windsor, and got in on Tuesday, where, instead of him meeting me, he sent a young man with the red purse now produced, with a lot of old coins in one end and ten shillings in the other, with the ticket of the watch in a piece of paper, which he sent word was his own, and that his motive for sending them was that I might make money of them to assist me on the road. The young man told me that he was out of work, and he knew John very well, and that he gave him 10s. and plenty of pastry to eat on the road for coming down. I went down to Bristol, where I called at a place, in Narrow Wine-street, for work, and told them innocently enough my name, where I had come from, and who I had worked for, as I did to the policeman when I was taken. (There was another indictment against the prisoner.)
GUILTY . Aged 24.— Transported for Fifteen Years.
JOHN CLARKE . I work at the London Docks. On the 10th of May, I put my jacket in a place we call the cooper's berth—I left work and was going to put it on—I missed it—this is it—(looking at it.)—I do not know the prisoner.
FENES KING . I am a cooper in the London Docks. While I was looking about for my hat, which I had lost, a party of labourers brought the prisoner to me with the jacket on his back—I took it off his back, and found my hat on his head.
employed there—I took him into custody—he wit very troublesome—whether he was really in liquor or feigned it I cannot tell.
Prisoner's Defence. I was very much in liquor, and do not know what passed—if I had the jacket on, it was more than I knew.
GUILTY . Aged 54.— Confined Six Weeks.
HENEY MARTEN . I am shopman to Thomas Marchant, a pawnbroker, in Edgeware-road. On the 10th of May. about eleven o'clock in the morning, I saw the prisoner loitering about the shop—I suspected and watched her—I missed two shawls in the morning—in the afternoon I saw her again, and watched her for some time—I saw her pull a gown at the door several times, and then go away—she came again, pulled it, and at last got it down—(I had missed the shawl between eleven and twelve o'clock in the morning)—I asked her to walk into the shop, and gave her in charge—she said it was all false, she had not pulled the gown-piece down at all.
Prisoner. Q. Did you take it from me? A. Yes.
Prisoner. I paid for the shawl Witness. She did not.
WILLIAM LIQUORICE . I am a policeman. I was sent for, and took the prisoner into custody—I took her to the station-house—she refuted to give her name and address—on the following morning she requested the Inspector to send somebody to No. 2, Praed's-place, Edgeware-road, to Mrs. Ryder, who had her child—I went there, and found this shawl hanging over the bedstead, and the prosecutor identified it. (Property produced and sworn to.)
Prisoner's Defence. (written.) I was passing the prosecutor's shop-several people were standing at the door—a woman spoke to me, and asked about some things at the door—the shopman then tapped me on the shoulder, and said they had missed the shawl, and gave me in charge—I told them my name was Mary—they asked me my other name, and I said I thought that one was enough—when I went to the office, to my surprise I saw my own property produced and sworn to as being the prosecutor's—I lent that shawl to a person last Christmas, who promised to come here and prove it was mine.
GUILTY . Aged 34.— Transported for Seven Years.
First Jury, before Mr. Sergeant Arabin.
1291. CHARLES DRAYBALL, alias Francis Medex , was indicted for feloniously breaking and entering the dwelling-house of Walter Faithful, on the 20th of April, and stealing therein, 2 decanter stands, value 1l. 7s.; and 1 flageolet, value 10s.; his good; and that he had been before convicted of felony.
CATHERINE GRIFFITHS . I am in the service of Mr. Walter Faithful, who lives in Augusta-street, Park-village, Regent's-park—it is a private house. On the 20th of April, a young woman came and knocked at the door and gave me information—I saw the parlour window open, which I had seen shut ten minutes before, and the wire blind forced off—I missed two decanter stands and a flageolet, from the cheffioneer, in the front parlour—I saw nothing of the prisoner.
20th of April, about nine o'clock, I saw the prisoner in company with another lad, coming towards Augusta-street, from the Crescent—about eleven o'clock I saw them again coming up Augusta-street, and about twelve o'clock, as I was passing up the village, I saw the prisoner run across the road from the prosecutor's house, with something under his jacket, on the left side—he put his hand several times to his cap, as if to prevent it falling off, as if he had something in it—I did not pursue him myself, but others did—I saw him afterwards at the station-house, and knew him to be the lad I had seen before.
Prisoner. I was at home at my mother's house till past eleven o'clock, Witness I am certain he is the boy.
JOHN RALPH . I am a labourer. I got a little fresh on the day in question, and was locked up at the station-house—the prisoner was put is the same cell with me—while there he asked me what I was fn for—I said "For being in liquor," and said, "What are you in for?"—he said, "For a robbery"—said, "For what?"—he said, "Two decanters and a flageolet"—he said he went in at the window, that the window made a noise, and he went back, but returned a second time, which he was sorry for, and he was sure to have fourteen yean for it—I was sober at the time he told me this.
Prisoner. I never said any such thing.
STEPHEN TAYLOR . I am a policeman. On the 20th of April, between eleven and twelve o'clock, I heard of the robbery, and went to the prosecutor's—the prisoner was brought there, and a person gave me these three keys, saying, the prisoner had thrown them away—he said he had not—I found a knife and a penny-piece on him—I took him to the station-house after him there, and went back to search for the property, and in an unfurnished house, in Park-place, I found these two decanter-stands wrapped in the handkerchief which has been produced—I took them to the prosecutor, who claimed them—his house is in the parish of St. Pancras. (Property produced and sworn to.)
THOMAS WALLIS . I am a policeman. I produce a certificate of the prisoner's former conviction, which I obtained from Mr. Clark's office—(read)—I was a witness on the trial—the prisoner is the person—I know him well.
GUILTY* of stealing, but not of breaking and entering.—Aged 14.
Transported for Fourteen Years.
1292. EDWARD HARDING, alias Brandon , GEORGE HARDING, alias Brandon , and JOHN ELLIOTT , were indicted for burglariously breaking and entering the dwelling-house of Isabella Heavisides, at St. Marylebone, about the hour of five in the night of the 12th of May, with intent to steal, and stealing therein, 1 time-piece, value 3l. 10s.; 1 pair of sugar-tongs, value 1l.; 17 spoons, value 30s.; 1 ring, value, 1l.; 10s.; 1 pair of scissors, value 1s.; 1/2 lb. of tobacco, value 2s.; I padlock value 6d.; 2 bottles, value 6d.; 1 sixpence, 6 fourpences, 48 pence, 36 halfpence, and 48 farthings, her goods and monies.
THOMAS ROBSON . I am nephew to Isabella Heavisides, who keeps, the Carpenter's Arms public-house, in Princes-street, Portman-market, in the parish of St. Marylebone. On the night of the 12th of May I was the last
person up—I fastened the outer door, and put a padlock on the bar-door, and put the keys into my pocket—I went to bed about ten minutes past one o'clock—between five and six o'clock the policemen rang the bell and gave an alarm—I went down stairs, and found them in the house—I found the padlock wrenched off the bar-door, but could find no marks of violence on the outer door—it was fastened with a chain the previous night—I cannot say whether the thieves had been concealed in the taproom over night, or whether they got in at the tap-room window—they might have got in that way—it was closed when I went to bed—they must have put the shutters down and opened the window to have got in—I missed the articles stated, which are worth about 7l. or 8l.—I found some glasses, containing brandy and gin underneath the tap—they were clean when I went to bed the night before—I have seen the prisoners several times—they were in our skittle-ground last Monday week together.
JOHN WALSH (police-constable D 33.) On the Sunday morning in question I was going my rounds—I passed the prosecutrix's cheques about half-post five o'clock, and found the door a-jar—I rang the bell, and Robson came down.
WILLIAM HAWKER , I am a police-sergeant. From information I received, I went to No. 10, Kelso-place, Lisson-grove—I went up stairs, into the front room, and saw the prisoner Edward Harding, handing a pot out at the door—I said, "I want you respecting the robbery at Mrs. Heavisides"—he said, "Very well"—I passed him, and went into the room and found the other two prisoners and three females—the two prisoners were lying on the apparently asleep, and the girls with them—I saw this bottle on the mantel-shelf, broken as it is now—I said, "Halloo! how comes this here?"—Edward Harding said, "I do not know any thing about it"—I examined a cupboard in the room, and in it found this clock—I them went to the bed, shook George Harding by the leg awoke him up, and said, "How do you account, for this clock being here?"—he said "A young man brought it her in the morning"—I said, "Who is the young man?"—he shook his head—Elliott said he did not know any thing about it. he only lodged with them—I looked under the bed, and pulled a box out, and there saw some keys—I then went to the window, and beckoned to Reardon, my brother-officer, who was close by—he came, and I left him in charge of the room—on searching Edward Harding in the room, I found son him this piece of paper, which is used to light phosphorous matches—it has been used on the wrong side as if it had been used in the dark—I then handcuffed, them, and conveyed them to the station-house—as we were going along I said, "Who belongs to the room?"—George Harding said, "I do; and my brother lodges with me"—I afterwards returned to the room, and found these six keys concealed on a ledge up the chimney, also this small file, and something which has the appearance of gold-dust—among the ashes I found a screw of tobacco, and in the cupboard a lancet and a box of lucifer matches.
MATHEW REARDON . I am a policeman. I accompanied Hawker to this place—whilst he was gone with the prisoner I found this jar of tobacco, this bunch of keys, nineteen in number, and several skeletons amongst them, this file, this tool, which I do not know the name of—this other file, these two gauges, and this screw-driver, and this dark lantern, in a box—I found this key on the floor—they are all house-breaking
implements—here are also a number of other tools which I saw Serjeant Hawker find.
THOMAS ROBSON re-examined. That is the time-piece we lost, it is my aunt's—this bottle is ours, our name is on it—but the clock is the only thing I can swear to—we missed half a pound of tobacco, which was never opened, but I cannot swear to this.
Edward Harding's Defence. The time-piece was brought into our place on Sunday afternoon, about two o'clock, by a young man, with these things wrapped up in a piece of canvas, which he put into my box, and placed the time-piece in the cupboard—he said he would call for it in a few minutes, but did not return till Hawker came and charged me with the robbery—I am in the habit of using such tools as these, in plastering, and making cornice-moulds.
George Harding's Defence. I was asleep when the things were brought into the room, and knew nothing of them till Sergeant Hooker awoke me—he accused me of the robbery—I said, "Very well, I will get up and go with you," which I did—the gold-dust, as they call it, is nothing but bronze-dust, which I bought three years ago, to do the edges of frames with—as to the other things, I am innocent of them—the tools belong to my brother—the tool the policeman says he does not know the name of I use to do the heels of boots with—if my landlord was here he could say I was at home on this night.
Elliott's Defence. I was only a lodger in the house—I was asleep at the time the things were brought in, and till Hooker came and awoke me.
EDWARD HARDING†— GUILTY . Aged 21.
GEORGE HARDING † GUILTY . Aged 23.
ELLIOTT†— GUILTY Aged 23.
Transported for Ten Years.
1293. ROBERT JONES was indicted for feloniously breaking and entering the shop of James Pocock, on the 12th of May, and stealing therein 4 planes, value 1l. 5s.; 1 screw-driver, value 1s.; I saw, value 3s.; 1 hammer, value 1s.; and 1 centre-bit, value 1s.; his goods: 3 planes, value 15s., the goods of Henry Turpin; and 1 pair of shoes, value 6d. the goods of Frederick William Taylor.
JAMES MUTTIT . I am a policeman. On the 12th of this month, about a quarter to three o'clock in the morning, I was on duty near the prosecutor's shop, which is at the back of Westbourne-ter-race, Paddington—one window looks into a mews—I heard somebody getting over the wall—I stopped about ten minutes or more, thinking it was some one stealing plants—I then looked between the crevices of the shutters, and saw the prisoner in the middle of the shop with a light—I saw him take two planes, and put them into a bag which he had—after a while he looked about and got two more., and then took a saw off a nail in the wall—I thought he might be a man who was going to work, and I stood for a minute—at last I saw him get a hammer, a chisel, and a centre-bit or stock, and then put out the night—I expected him to open, the door and come into the mews, but he came up a ladder over the wall—he said, "Halloo," jumped from the wall, and ran away—I got over, and saw him on another wall, and When I got to that, he was over another—Iran after him for about ten minutes, across four or five gardens,
over brick walls and fences, and at last caught him—I said, "What do you mean by thieving?"—he said he did not know, he must do something to get a living—I saw him fling the property from him as I was running after him—he had got through a window into the shop.
FREDERICK WILLIAM TAYLOR . I live with Mr. James Peacock, who is a pianoforte-maker. On Friday, the 12th of May, I locked and fastened the shop door about half-past nine o'clock—my attention was drawn to it about six o'clock the following morning, by a policeman, and I then found it unlocked, and the window, which had been closed, pulled down and dipped on one side—there was no fastening to it—these tools were all safe in the shop the night before—these are my shoes—(looking at them.)—they were in the shop.
GUILTY . Aged 52.— Confined Nine Months.
THOMAS MOYSE . I was a waiter at the Old Duke William public-house, Old Grvel-lane. On the 14th of May I was talking to the prisoner there—I missed him all at once—I went to put something into my drawer, and missed my shirt—I immediately went out after him, but could not see him, and when I returned, he was in the bar—I saw my shirt the same it between the tiles in the wash-house.
WILLIAM RANDLK . I am a licensed victualler. I was sitting in my parlour with some friends, and observed the prisoner go out into the back yard through the window, and go" into a privy at the further end of the yard—he came out, and came a little way down the yard, then went into the privy again, came out, and went into the wash-house—I went out, and met him coming out—I asked what business he had there—he said "Nothing"—I said, "What did you go there for?"—he said, "Nothing"—I said, "I am not satisfied with your account," and went into the wash-house to see whether he had put any thing there—when I came back, he was gone—my daughter gate me information—I went to the door—he was there—I said, "Come back, my servant has lost his shirt"—Moyse came up, and said, "You bare stolen my shirt"—he took Moyse into the with-house where I had seen him go, and showed him where he had put his shirt.
Prisoner. I did not Intend to steal it; I did it oat of a lark—I have a wife and four children.
GUILTY Aged 46.— Confined Six Days.
JACOB WORSTER . On the 11th of May, about half-past ten o'clock, I was passing; Mr. Farraday's shop, in Old Compton-street, and saw the prisoner standing outside the door—she took the gown-piece, which hung on the door-post, put it into her apron, and tan away—I followed and took her into custody about a hundred yards off.
GUILTY . Aged 22.— Confined Six Weeks.
SARAH GORTON . I am the wife of John Gorton, and live at No. 52. Philip-street, St. George in the East. The prisoner was five weeks in our service, and left me on a Saturday—I missed a shawl on Sunday evening—she had then been gone eight days—this is my shawl—I did not lend it her.
(The prisoner pleaded poverty, and received a good character.)
GUILTY. Aged 19.—Strongly recommended to mercy .
Confined Six Days.
1297. THOMAS PERKINS was indicted for stealing, on the 16th of May, 2 saws, value 16s.; 2 planes, value 8s.; 2 squares., value 6s.; chisels, value 4s.; 3 gouges, value 2s.; 12 pencils, value 1s. 6d.; and table-cloth, value 1s.; the goods of Stephen Relfe : 2 squares, value 4s.; the goods of Walter Riddle: I saw, value 4s.; and 1 square, value 2s.; the goods of Francis Westlake .
EDWARD GATES, I am a policeman. On the 16th of May, at three o'clock in the morning, I was in Regent-street or Mortimer-street, Caver dish-square—on passing round some new buildings I saw some new places, and saw the prisoner crouch under the pales—I asked him what he was doing—he said he was doing nothing—I saw him with several tools—I got over, and took him—I asked him what made him do it—he said, distress, and nothing else.
STEPHEN RELFE . I am a carpenter. I was at work at this new house for Mr. Tresser, the builder—I left the tools on the night previous in the drawing-room, which was locked the night before, and I took the key with me—the next morning I found the door forced open, the tools gone, and the rest of my shopmates' tools also—I know some of these tools to be mine—(looking at them.)
GUILTY . Aged 21.— Transported for Seven Years.
(There were two other indictments against the prisoner.)
THOMAS WEBB . On the 15th of May I was in my parlour opposite the prosecutor's shop—I saw the prisoner Cunningham take a hook off the said of the prosecutor's shop window—she was interrupted from taking it away by the sight of a policeman, and she lowered it down on a range which was directly underneath, and walked away—after the policeman got little round, she came again, and placed herself against the kettle—the other prisoner came up, and Cunningham gave her the kettle—she put it under a corner of her shawl, and walked away—I immediately went across, and pointed out to the man in the shop the place where the kettle had been, gave him information, and he went after the prisoners—I am sure they are the two women.
WILLAM NORTHFIELD. I keep an ironmonger's shop in High-street Camden-town. In consequence of what Mr. Webb said to me, I pursued
the prisoner Smith—I went to her, and said, "You live stolen my kettle"—she said, no, Cunningham had given it to her, and it was vary wrong of Mrs. Cunningham to rob me—I took it from under her shawl—took her back to the shop, and Cunningham was there—her daughter hand husband job for me.
Smith's Defence. I live in Cunningham's house—she asked me to go out with her, and took me over to the shop—since she hat been in confinement she has been very much hurt that she brought me into this difficulty—she said, "Take this kettle over, it wants something doing to it."
CUNNINGHAM— GUILTY.—Aged 45.—Recommended to mercy .
Confined One Month.
SMITH— NOT GUILTY .
1299. JOHN PRATT was indicted for stealing, on the 14th of May, 5 shirts, value 2l.; 2 night-caps, value 6d.; 4 pairs of stockings, value a 1 collar, value 64.; and 1 handkerchief, value 3s.; the goods of William John Alexander: and other articles, the goods of Robert Young.
HAIBTT FEOST . I live with my mother in Mornington-place—she lets lodgings. Mr. James Alexander lodged with Us, and Robert young, but he has left—this property belonged to them, and was in my mother's care—it was dirty linen, and was in separate clothes bags—Mr. Young's was in the second floor back room—I missed it on the Monday morning when the policeman gave us information—I think I have Been the prisoner once before, but he is a perfect stranger.
JAMES RICHARDS . I am a policeman. Between eleven and twelve o'clock on the 14th of May, I was on duty in Seymour-place, Hampstead-road—Mr. swan, the pawnbroker, beckoned to me, and I found the prisoner in one of the slips in the shop—Mr. Swan asked him where his mother lived—he said, in Charlotte-street—he said, "Where is that?"—he said, the other said of the way, just down she road—he walked him round into the shop, and asked me to go with him to see if it was all right—I went to Charlotte-street, and could find no such person, and be then said, "I am very sorry I told yon a story"—I brought him back to Mr. Swan's, and found he had got this property.
RICHARD SWAN . I am a pawnbroker. The prisoner brought a parcel containing four shirts, to my shop, and said hit mother had sent him with them, and wanted 4s. on them, and that she lived in Charlotte-street—I asked him to go and send his mother—he went out" and in abut four minutes I saw him outside, and asked him why he did not send for his mother—he said she would not come—I took him into the shop, and sent for an officer.
GUILTY . Aged 16.—Recommended to mercy.
Confined Fourteen Days.
SARAH ROBINSON . I am single, and live in St. Giles's. The prisoner lived in the same house with me—a young man and his wife lived in the same room as—I put my shawl on my bed on Monday morning, and left the door open—I missed it directly after.
JAMES—I am servant to Mr. Townsend, of Russell-street, Covent-garden.
This shawl was pawned with us by two girls together—I cannot swear that the prisoner is one of them.
I searched the prisoner at the station-house, found this duplicate of the shawl on her—I gave it to the inspector.
JAMES—re-examined. That is the duplicate I gave.
Prisoner's Defence The house is open all night—as I was going out of the kitchen door a woman asked me to accompany her down to Drury lane—she went into the pawnbroker's with another woman, and I remained outside—when they came out we went and had some beer, and she gave me the ticket.?
GUILTY. Aged 39.—Recommended to mercy .— Confined One Month.
NEW COURT.—Saturday, May 19th, 1838.
Fifth Jury, before Mr. Common Sergeant.
1301. HANNAH MARIA SHELTON indicted for stealing, the 18th of April, 1 counterpane, value 5s.; 4 sheets, value 10s.; 2 kets, value 5s.; 4 pillow-cases, value 2s.; 2 petticoats, value 4s.; 3 bed gowns, value 3s.; 1 cloak, value; 1 frock, value 5s.; 1 table-cloth value 5s.; 1 shirt, value 2s.; 5 nightcaps, value 10s.; and 2 pinafores value 1s.; the goods of William Mason, her master; to which she pleaded
GUILTY . Aged 30.— Confined Six Months.
1302. BRIDGET TAYLOR and MARGARET SPILLMAN were indicted for stealing, on the 21st of November, 1 table-cover, value 30s.; 6 knives, value 5s.; 6 forks, value 5s.; and 2 yards of ribbon, value 1s.; the good of Robert M'William, Esq., their master.
MR. PHILLIPS conducted the Prosecution.
MRS. CHARLOTTE M'WILLIAII . I am the wife of Mr. Robert M.'William. The prisoners were in our service—Spillman left at the latter end of July last, and I missed property to a large amount—I missed things after Taylor left—among which were six dessert knives and forks, a table cover, and some ribbon—I have since seen the ribbon on a bonnet at the pawnbroker's, and know it to be mine.
Taylor, I would ask her for my character for two years and more. Witness. I thought her an honest young woman.
HENRY ARCHER . I am shopman to Mr. Benton, a pawnbroker, in Holborn. These dessert knives and forks were pawned at our shop on the 21st of November, 1837, by the prisoner Spillman, for 10s.—she also pawned this table-cover, on the 30th of January, this year.
GEOBOE SOWARD . I am shopman to Mr. Sowerby, a pawnbroker, I have a bonnet, which was pledged on the 29th of December, by a female—I cannot tell who—it was trimmed as it is now—this is the counterpart of the duplicate I gave for it.
HENRY BUTLER (police-constable E 117.) On the 1st of May I apprehended Taylor, in a room at No. 1, Bowl-yard—I saw a box there, which she said was her own, and I might search it—I did so, and found these two duplicates in it—one is for a table-cover, and the other for six knives and forks—I said I did not believe the property belonged to herself—she said it
did—I found the duplicate of the bonnet in a box belonging to Spillman at another house.
MARY QUICK . I was in the service of Mr. Sharpe, of Conduit-street, Bond-street Last summer I was in Mr. M'William's service at the same time as Taylor—I remember her showing me a dessert-knife, like these, and asking me how I liked them—I said they could not be of much service to her—she told me she had given 3l. for them—she only showed me one of them.
MRS. M'WILLIAM re-examined. These knives and forks ace mine, and the table-cover also—I believe the prisoners are sisters—they went by the name of Riley in my service.
Taylor. I bought them both.
SPILLMANN— GUILTY . Aged 21.
TAYLOR— GUILTY . Aged 26.
Transported for seven years.
JOHN WOODBOUSE . I am a seaman, belonging to the Percy, of Durham. On the 8th of May I went with the prisoner to a public-house in Ratcliff-highway—I pledged my watch to a man named Bush for 5*.—he is not here—the prisoner was present at the time, and saw me give him the watch!—she had part of some drunk with the money, and so had Bush, and I went away and left them—this is my watch—(looking at it,)
ROBERT SMITH . I keep a cook's-shop in Ratcliff-highway. On Monday night Bush came to me, and asked me to give him change for a sovereign—I said I could not—he asked me if I could lend him 5s. till the morning—I had got but 4s., and was going to get him shilling's worth of halfpence—he said "No, I have got 1s. "—and he said, "I am going to lend 5s. on this watch till the morning"—he left the watch with me—he came again and took it away, and left me a sovereign.
JOHN MITCHELL (police-constable K 161.) I took the prisoner, and asked her if she knew of a watch left with Mr. Tavener's bar-man—she said, "I have pledged it, and here is the ticket"—I said, "Was the seaman with you?"—she said, "No"—I said, "Did he give you leave?"—she said, "No."
Prisoner'8 Defence. I pawned it for 5s. and gave the man 1s.—I was looking for the prosecutor to give him the money, and was taken up.
GUILTY . Aged 32.— Confined Three Months.
HANNAH MALLET . I am the wife of Henry Malley, and live in Brillrow, Somers Town. On Good Friday morning I left home to go to Greenwich—I returned the following Friday, and missed this table-cloth, which I had left on the counter—the prisoner was in the habit of coming to our house to have potatoes baked.
a pawnbroker in Clerkenwell, and saw the prisoner there in the act of pledging this table-cloth—I took him into custody with it.
Prisoner's Defence. I picked it up on the last day of the fair.
GUILTY. Aged 19.—Recommended to mercy.— Confined Six Months.
JOHN PALMER (police-constable T 63.) On the 30th of April a man came and said something to me, and pointed out the prisoner Brown—he had a bundle under his arm—he ran away—I pursued and took him, and he threw the bundle down—it contained these trowsers—I did not see any one with him.
JAMES CARTER (police-constable S 140.) I went in search of the prisoner Smith, and found him in Bagnigge-road Fields—I told him I charged him with being concerned with Brown, in stealing the trowsers—he said "Very well"—in going along he said, "I am the one that picked the bundle up, and threw it to the man that was following me."
RICHARD DARKIN . I am a constable of Somers Town. On the 30th of April, I saw two young men near the prosecutor's garden wall—Brown was one of them—he picked up the bundle which the other threw over the wall by a person like Smith—he was about his size, but I could not swear to him.
BROWN— GUILTY . Aged 17.— Confined Three Months.
SMITH— GUILTY . Aged 19.
(See No. 1307.)
THOMAS JOHN PATER . I am in the service of William James Bird On the 5th of May, while I was in my master's shop, I saw the prisoner take this vice—I followed him out and collared him, about twenty yards from the door—he had this vice partly in his pocket—I had seen him lurking about before, and we always missed things after he was gone.
Prisoner's Defence I was looking at it, and he came and said, what was I going to do with it—I said, "Not to steal it."
GUILTY . Aged 40.— Confined Six Months.
1307. JAMES SMITH was again indicted for stealing, on the 24th of April, 1 metal bearing, value 1l. 4s., the goods of Thomas Townsend Glasscott, and others; and that he had been before convicted of felony.
MR. CHAMBERS conducted the Prosecution.
CHARLES BRAND . I am in the employ of Messrs. Glascott, brassfounders, in Great Garden-street, Whitechapel. On Tuesday morning. the 24th of April, I went with a truck of theirs along Minton-street, containing thirteen or fourteen pieces of metal—I was going up a hill—the prisoner came and shoved up behind the truck three times—the third time he went away on to the pavement, and I saw something under his arm—I ran after him and said, "There is my piece of brass"—he said, "Is it
my man?"—he gave it to me, and went into a house—a policeman came up—we went and found him sitting on the top stairs.
Prisoner's Defence. I saw the boy standing with the truck, and said, "Can't you get up?"—he said "No"—I said, "I will give you as hove" which I did, and going back I picked the brass up.
GUILTY . Aged 27.— Transported for Fourteen Years.
WILLIAM LASCO . I live in Berkeley-mews, Marylebone. On the evening of the 1st of May I missed a pot, which was standing outside the door—I saw the prisoner go past, I pursued him, and found this pot on him—I had not left above a minute—I just went inside the stable.
GUILTY . Aged 19.— Transported for Seven Years.
1309. MICHAEL WOOLF was indicted for stealing, on the 7th of May, 1 necklace, value 15s.; 2 lockets, value 1l. 7s.; 1 seal, value 1l.; 7 rings, value 3l.; 4 slides, value 4s.; 2 clasps, value 5s.; and 1 pair of snuffers, value 4s.; the goods of Isaac Jacobson: and BETHSHEBA GHOST , for feloniously receiving the said goods, well knowing them to have been stolen; against the Statute, &c.
MR. PRENDERGAST conducted the Prosecution.
EVE JACOBSON . I am the wife of Isaac Jacobson, and live in Oxford-street. The prisoner Woolf is my son by a former husband—for some time before this he had been away from home—the female prisoner came to me for the purpose of reconciling us, and inducing me to receive him—she made trifling purchases, but she said she did not come for that—she knew my son was in distress and poverty, and I agreed to receive him again—he came, and about a fortnight after, be quitted the house very suddenly, but was only away a few minutes—we sent to the female prisoner to know if she had seen him—she came soon after, and said she hoped we would never suppose that she would encourage him coming there, as she had heard what she had before and what she now heard—I had missed articles for some time before this—the evening Mrs. Ghost came to ask for his return I remember her looking at a coral necklace—she inquired the price, and admired it—this is it—(looking at it)—I have the fellow snap to it—I know these other goods—they are all mine, but not a fifteenth part of what is gone.
Cross-examined by MR. DOANE. Q. Have you any thing you know that necklace by? A. Yes—my own threading—my son has been in business on his own account, as a jeweller—I took a shop for him some years ago, but he did not go to it—I put a person to mind it—my son was only
there to take the man his meals, and going backwards and forwards—he had no other shop—I know there is such a person as Mr. Louis Keyset, a watchmaker, in Tottenham Court-road—I will swear my son never opened a shop for himself—he used to attend sales at Debenham's while he was away—I gave him money to set him up in trade—jewellers and others would know he was acting for himself at that time.
MR. PRENDERGAST. Q. What age is he? A. Just sixteen—he was not thirteen when the shop was taken.
ISAAC JACOBSON . I am the husband of the last witness. The prisoner Woolf returned to our house in February, after being absent some time—I slept up stairs, and he down stairs—one morning, about a fortnight after him return, he went out, leaving the errand-boy there—when he came back I asked where he had been—he said, nowhere; he had been to take a pair of boots—I went to Mrs. Ghost's, and asked whether he had been there—she denied it—I left, and went again, and asked her whether he had not been there—she said, "No"—I said, "He says he left a pair of trowsers on the stairs," and I said, "You brought this boy back again on purpose to rob me"—she said, "No, Sir, I never encourage him to come here"—I missed about £200 worth of articles in the fortnight after his return—I had him taken up—he denied stealing them all along, and all connexion with Mrs. Ghost.
HENRY SHERWIN . I am a constable of Marlborough-street Police-office I went to the premises of Mrs. Ghost, No. 338, Oxford-street, where she lodges, in company with Mr. Jacobson—I asked her whether Woolf had at any time brought watches or articles of jewellery there—the said "Never"—I asked whether she had got any there belonging to him—she said, "No"—I asked whether she had any objection to my searching the root—she said, "Not the least;" I might search it; but on searching a drawer in the room she suddenly snatched hold of something, which proved to be this necklace, and something else she had in the other hand, which I did not observe—we had a violent struggle for the necklace—she said it was her own, and she had bought it—she then sat down, and I thought I perceived her putting something under her apron—I felt under, and these articles were under her apron, on her knees—here are some clasps and jewels, with the stones removed, which the prosecutor has identified—after I found the things, she said that Woolf had left them there.
Cross-examined. Q. Was not Mr. Ghost there? A. Yes—I do not know whether he is a jeweller—I believe he works for Mr. Tessier, a jeweller—I found him in the room with his wife—she took the active part—I do not know that he is her husband—one of the gaolers said he was not—he was living with her as her husband.
MR. PRENDERGAST. Q. What did he say to her? A. He upbraided her for having them—he said she was very foolish for having them then, especially when she told me she had not them there—I saw this elxmination taken at the police office—(looking at it)—this is the clerk's writing, and this signature is Mr. Conant's—(read)—" The prisoner Woolf says, I left the articles with Mrs. Ghost.'
(Charles Murke, hatter, 34, Tottenham-court-road;—Collins, hatter, 60, High-street, Bloomsbury;—Thompson, dentist, 12, Han way-street, Tottenham-court-road; Mary Thompson, his wife;—Mollison, working jeweller, 33, Maiden-lane, Covent Garden;—Manby, Battersea;—M'Donald, working goldsmith, Pimlico; and—Rush, jeweller, Poland-street; deposed to the good character of the prisoner Ghost.)
WOOLF— GUILTY. Aged 17.—Recommended to mercy .
Transported for Seven Years.
GHOST— GUILTY . Aged 28.— Transported for Fourteen Years.
GUILTY . Aged 34.— Transported for Seven Years.
1311. THOMAS SMITH was indicted for stealing, on the 14th of March, 1 bed, value 2l.; 1 bolster, value 4s.; 3 pillows, value 3s.; 5 streets, value 2s.; 1 bed, value 5s.; 3 quilts, value 1s. 6d.; 5 pillow cases, value 1s. 6d.; 3 blankets, value 9s.; 3 table cloths, value 1s. 6d.; 1 towel, value 6d.; 5 wine glasses, value 1s.; 1 decanter, value 6d.; 1 milk-pot, value 2d.; 1 trunk, value 2d.; 1 tea kettle, value 2s.; 1 saucepan, value 2s.; 1 frying-pan, value 3s.; 2 candlesticks, value 1s.; 1 tea-pot, value 6d.; 8 spoons, value 2d.; and 1 mattress, value 5s.; the goods of Abraham Booking; also 8l. of Samuel Laysall, and 8l. of Jane Brown.
JACOB BOOKING . I am a labourer, and live at Maplestead, near Halstead, in Essex. On the 9th of March last I went to the house of my mother, at Great Maplestead, and saw this letter there, my mother read it to me—(read,)
"To Mrs. Zackriah Smith, near the Rose and Crown, Halsted, Essex. "My dear Father and Mother—This comes with my kind love to you both, hoping to find you in good health, as it leaves us at present. Will you have the kindness to go to Mr. Laysall, with my best respects, and ask him to have the kindness to lend me seven or eight pounds, or as much as he can spare. I have taken thirty acres of land at Fullham, which I have no doubt will be very profitable. I have got forty pounds to pay down on the 18th of this month. There is ten fat pigs, three cows, two horses on the farm. I have got thirty pounds to take wages and bills at Lady-day, but that will not be enough without I can get the loan of seven or eight pounds. Mrs. Smith, will you have the goodness to send my arrange bed and bedstead, and all my things, up by Howard's wagon, next Tuesday; and please to go to Mrs. Edwards, and ask Jane if she will have the kindness to lend me three or four pounds. I will return it by Mr. Laysall, when he returns back from London. I will send for Mr. Laysall soon after Lady-day, to settle with him. I should very much like for Mr. and Mrs. Laysall to live with me, but that we will arrange when he comes up: and will you ask him to send me a leg of pork and a country cake. Please to put the money packed up inside the bed; and please to ask Mr. Laysall to pay the carriage, as I shall send a man for it. Please to get Mr. Laysall to pack the things up for me. Please don't disappoint me in sending the things up on Tuesday, by Howard's wagon. Please to tell my mother, Mrs. Bockin, I shall send her
something when Mr. Laysall comes clown from London. So no at present with my kind love to you all.
"A. and B. BOCKIN,
"Fullam, March 8, 1838."
Q. Who did you believe this letter came from? A. From my brother Abraham Booking—I packed up the things stated in the indictment belonging to him—there was 5l. of Mrs. Brown's, and 8l. of my brother's, sewn up in a corner of the bed—they were delivered on the 13th to Mr. Howard's wagon, which goes from Halstead—they were directed to my brother a Fulham.
JOHN THOROGOOD . I am a porter at the Blue Boar, Aldgate. Two bales and other things came there by the Halstead wagon—the prisoner came and asked if there was any thing come by Mr. Howard's wagon, and he paid sixpence for them, and took them away in a truck.
JOSEPH DUNMORE . I am a carman, and live in Black Lion-lane, Poplar. On the 17th of March, the prisoner came and asked me if I could move a few goods for him at Paddington or Greenwich—he told me to get the horse at home, but he did not come that day—he came again the Monday—I moved a bedstead and other things for him, and he gave me this tea-tray.
Prisoner. I can neither read nor write—I did not get the goods at all.
GUILTY . Aged 34.— Transported for Seven Years.
GUILTY. Aged 45.—Recommended to mercy .— Confined One Month.
THOMAS GEORGE SIZER . I am shopman to Lawrence Kennedy, a pawnbroker, in High-street, Shadwell. On the evening of the 25th of April, at half-past six o'clock, the two prisoners came to pledge some things—I did not take them in, but after they were gone I missed a shawl off the counter—I suspected them, and followed them to Mr. Campbell's, a pawn-broker, in the same street—I taxed them with having the shawl—they denied it—I sent for an officer, and saw Harrison throw something from
her sideways—I looked down, and it was this shawl which I had missed from my shop.
Kilday's Defence. I went to pawn a shawl and handkerchief, but he would not have them—we to Mr. Campbell's—I never saw this shawl till it was in his hand.
Harrison's Defence. I never saw the shawl at all.
(The prisoners received good characters.)
HARRISON— GUILTY . Aged 18.— Confined Three Months.
KILDAY— NOT GUILTY .
JOSEPH PEACH . I am in the employ of Francis Hopgood, and live at Camden-place, Kensington Gravel pits. On the 5th of May I was wheeling a barrow about filed with plants—I went into a house for about five minutes, and when I came out the barrow was gone—I went after a policeman, and found the prisoner, in about a quarter of an hour, wheeling the barrow in the street.
WILLIAM HOOKER (police-sergeant D 3.) The prisoner passed me—peach came and said, "That man has stolen a barrow"—I ran and took him—he said a gentleman had hired him to wheel it to Hyde park-corner—I said, "What gentleman?"—he said, "If you will hold the barrow, I will run after him."
prisoner's Defence. I was hired by a person to wheel it as far as Hyde park-corner.
GUILTY . Aged 40.— Confined Three Months.
WILLIAM HORLEY . I am a salesman to Thomas Ridpaths, a pawnbroker, in Upper Seymour-street. On the 8th of May I saw the Prisoner take a shawl from the door—I ran after him caught him, and found the shawl on him.
JOHN HURST (police-constable S 113.) I took the prisoner—I have known him selling fruit in the street, and know nothing against him.
prisoner's Defence. Another boy took it at me.
GUILTY . Aged 13.— Confined Eight Days, and Whipped.
1316. THOMAS JELPH was indicted for stealing, on the 24th of April, 1 shovel, value 2s.; 1 spade, value 18d.; and 1 spit-iron, value 6s.; the goods of Jesse Mason: 1 shovel, value 18d., the goods of Samuel Dearman: and 1 shovel, value 18d.; and 1 space, value 2s.; the goods of John Bright.
JOHN CORDELL . I live in Three Fingers'-buildings, Kingsland. On the 24th of April I was at work with some other labourers—between one and two o'clock we buried our tools—the prisoner was with us, and helped to do it—he went out of the field with us—this is my shovel and spade.
GEORGE THOMAS (police-constable M 271.) I found part of these tools in Hackney-marsh, in a ditch—on the 25th of April I met the prisoner—he had five shovels and four spades with him—I asked him where he get them from—he told me he was at work in Rhodes's-field, that they had a drop of beer together, they had got the sack, and he was going to see what he could do at the railroad at Tottenham.
GUILTY . Aged 18.— Transported for Seven Years.
SOLOMON SOLOMON . I live in Cartwright-street, Rosemary-lane. The prisoner was in my service—on the 25th of April I sent him with my son to get some salt—I gave them 17s. 6d. in silver, and 20s. in copper—I put it into the cart—my son returned alone, and gave me information—I did not see the prisoner again till he was in custody.
NATHANIEL SOLOMON . I went in the cart with the prisoner—as we ware going along, one of the papers of halfpence broke, and he said, "May I put them into my cap?"—I told him he might—he did so, and then put them into the cloth—when we got to the City Basin, I went to order the salt—I had to wait there, and while I was waiting there he ran away with the money.
(The prisoner received a good character.)
GUILTY . Aged 17.— Transported for Seven Years.
1318. WILLIAM HATHAWAY was indicted for stealing, on the 30th of April, 71/4 lbs. weight of lead pipe, value 2s. 6d.; and 1 metal cock, value. 1s. 6d.; the goods of John Harris; and fixed to a certain building.
FRANCIS FELTHAM . I live near the prosecutor. About half-past eight o'clock that night I was in the passage—I put my hand on the pipe, and it moved—I went to the back door, but it was fast—I then went to the front, and called Mr. Harris—I kept the door fast, and turned and saw three lads come out—the prisoner was one—I ran and caught him, and is his struggling, the pipe fell from under him.
Prisoner's Defence, I saw two lads come out of the alley, and there was a cry of Stop thief"—they ran, and threw the pipe down—I took it up.
GUILTY. Aged 17.—Recommended to mercy .— Confined Eight Days.
1319. ELIZABETH SMITH and ELIZABETH BALDWIN were indicted for stealing, on the 21st of April, 3 pieces of handkerchiefs, containing 20 handkerchiefs, value 4l., the goods of Thomas Bosberry and another; and that Smith had been before convicted of felony.
Regent-street. On the night of the 21st of April the two prisoners came, and requested to look at some black merinoes—they then bought another article—in going to the other end of the shop to put it up, I thought I saw something gone; and when they were gone I missed three pieces of silk handkerchief—I went after them, and Smith threw these handkerchiefs from her before my face—Baldwin came into the shop with her, and I requested her to wait, but while I was looking for an officer she went off.
Smith. I am very sorry to be in such a situation, but it is through having a bad husband—I left my house, and did not know what to do, nor where to go—I owed a great deal of rent—the other prisoner knows nothing about it—she wanted some merino, but it was too high for her—she bought a pair of stockings.
SMITH— GUILTY . Aged.— Transported for Seven Years.
BALDWIN— NOT GUILTY .
ELIZABITH MACKINTOSH . I am the wife of Thomas Mackintosh, a porter, who lives at Westminster. On the 27th of April I placed a blanket on the back of a chair in my yard—I afterwards met the prisoner in the passage with it on her arm, and took it from her.
Prisoner. I went to the yard, and threw the blanket down as I was passing by—I took it up, and was going to put it on the chair-back again. Witness. She was half way up the passage with it on her arm.
GEORGE DAVIES (police-constable C 33.) I produce a certificate of the prisoner's former conviction from the office of the Clerk of the Peace for Westminster—(read)—the prisoner is the person who was convicted.
GUILTY . Aged 36.— Transported for Seven Years.
MR. BALLANTINS conducted the Prosecution.
RICHARD MANCARROW . I am an officer of the Customs. On the 10th of May, about twelve o'clock, I; stopped the prisoner coming out of the London Docks—he had a handkerchief in his hand—I asked what it contained—he made no answer—I took it, and found these seven pounds of currants in it—I asked where he got them—he said in the warehouse—he had no right to take them.
EDWARD COBB . I am a labourer in the Company's employ. On the morning of the 10th of May I saw the prisoner at work on No. 23 floor—I afterwards saw a cask of currants examined in that place, and there was a deficiency—these are the same quality in all respects as those in the ware-house where the prisoner was at work.
Prisoner's Defence. I found a gimlet belonging to a man, who said if I would give it to him he would give me a few currants—he brought me
some, and I put them into my hat and handkerchief—they did not belong to the warehouse No. 23.
GUILTY . Aged 49.— Confined Six Months.
JAMES CUTHBERTSON SIBBALD . I am master of the brig James and Agnes. I met the prisoner on the 16th of May after eleven o'clock, and went with her to Elbow-lane—I took 2s. from my purse, and then put my purse into my trowsers pocket—I then went to bed—I put my trowsers a the chair by the bed-side—I did not go to sleep—I observed the prisoner fumbling among my things, and I asked her what she was doing—she said she was going to put her gown on to go down stairs—she went down, and came up again—she said I had better get up, and she would take me to a better house, she did not like the place—I got up, and missed my thirteen sovereigns—I had seen them safe a quarter of an hour before—the money has never been found—I was perfectly sensible—I had had one pint half-and-half and two glasses of half-and-half.
Prisoner. I was going by Shadwell Church, and the prosecutor was talking to a woman—I never saw this money.
NOT GUILTY .
HENRY VAUGHAN . I live in Martha-street, St. George's. The prisoner was came to lodge at my house—she went away, and I broke the door open, and missed these articles—I went to the police-office, saw the prisoner there, and asked her how she came to do it—she said she was persuaded, and that she had pawned the things at two different places—a person went to those places, but the things were not there.
SARAH VAUGHAN . I missed these things from the prisoner's bed—and the candlestick—the prisoner came back to me about a fortnight ago, and said she came to give herself up about the things—I said I did not know what to do, as my husband was not at home—she said she would come again at five o'clock, but she did not.
Prisoner. I offered to make her amends for them.
GUILTY . Aged 17.— Transported for Seven Years.
1324. ANN HUNTER was indicted for stealing, on the 1st of February, 12 yards of dimity, value 2s.; 4 dishes, value 4s.; 1 yard of carpet, value 4d.; 1 yard of merino, value 4d.; 3s. towels, value 2s.; 3 pairs of stockings, value 4d.; 5 knives, value 3d.; 5 forks, value 3d.; 2 pillow cases, value 1d.; 5 dusters, value 5d.; and 2 plates, value 3d.; the goods of Mary Ann Walters, her mistress.
MART ANN WALTERS . I live in Chatham-place, West Hackney. The prisoner was in the habit of coming to char at my house—I missed a quantity of merino, some dishes, and other things—this is my property—(looking at it.)
Cross-examined by MR. BALLANTINE. Q. How do you know these? A. By having similar articles—there are marks on these towels—this merino is part of a curtain—I have a cook and a housemaid—the prisoner came
is a charwoman—I lost a variety of articles within the last twelve months—the prisoner lives at Hackney, not far from my house—I suppose these things could not all have been taken at one time—I cannot say when I missed this curtain—it may be a year ago—the prisoner was then my charwoman—she has been so about twelve months—I went to the sea-side in June last year—the curtain was not gone then—I left my housemaid and cook in the house—I understood my cook's name was Rate—I have since found her name was Waters—I have no proof that she is a woman of bad character—I turned her away for her misconduct and mismanagement of work—I had no reason to doubt her honesty.
Q. Did you state to her that you had, or have you ever said so to anybody? A. I believe I have—I left her in charge of my house when I went into the country—the prisoner was not employed at my house at the time I went—when my servants left I thought it right to have both their boxes searched, and a pair of stockings belonging to me were found in Waters's box.
WILLIAM DURAND COOPER . I am an inspector of the N. division of Police. On the 5th of May I went to the prisoner's house, and searched her boxes—I took all this property from her room—she willingly came with me—she said she had nothing but what belonged to herself.
GUILTY Aged 52,— Confined Six Months.
AMELIE DE BRABENDER . I am governess in the family of Mr. Francis M'Donnell, at Belle Vue, Hampstead. The prisoner was in the habit of coming to the house as a sempstress—Miss M'Donnell bad a tippet, which was missed—this is it—I met the prisoner with it on—the servant went after her in one direction, and I in another.
Cross-examined by. MR. PRENDERGAST. Q. When did you see her with it on? A. Last Tuesday morning—it was missed ten days before.
Cross-examined. Q. Had not the prisoner a tippet like this? A. Yes, but hers had a red lining, and this is grey.
COURT. Q. Had she left hers at your house? A. No.
NOT GUILTY .
GEORGE BACON . I was under the piazza of Covent-garden on the 11th of May—I felt somebody pulling my pocket-handkerchief—I turned, and saw the prisoner—he ran away—I followed him—the policeman caught him—the handkerchief was produced to me—it is mine.
CHARLES ALLUM (police-constable F. 49.) I was on duty, and heard a cry of "Stop thief"—I saw the prisoner running, pursued by this gentleman—I saw the prisoner drop something, which must have been this handkerchief—there was nothing else dropped.
Prisoner. There was a man ran before me—he might have dropped it—I did not.
GUILTY Aged 20.— Confined Six Months.
JOHN LAWRENCE . I am a shoemaker, and live in Cambridge-rot, Bethnal-green. I left my chaise-cart at a door in Ratcliffe-highway on the 14th of May—I left my boy to mind it—in about ten minutes the boy called me, and I missed my coat, handkerchief, and gloves, from the chaise.
GUILTY Aged 17.— Confined Three Months.
JOHN STRAITH . I reside in Bruton-street, and am a merchant. On the 12th of May I was crossing Holborn from Plumtree-street—I felt a touch behind me—I turned, and saw the prisoner—I laid hold of him, and he dropped my handkerchief—this is it—he endeavoured to get away.
GUILTY Aged 15.— Confined Three Months.
JAMES ROGERS (police-serjeant S. 1.) I was on duty at Hampstead on the 16th of May, and saw the prisoner—I took him, and found this pot on him, bent up as it is now—there was another boy with him, who escaped.
Prisoner. There was a bigger boy with me, and he said, "Hold this pot, while I tie my apron."
NOT GUILTY .
We live at the Imperial Wharf—the prisoner was our carman, and it with his business to receive money on our account.
Prisoner. I got drunk, and was robbed of the money.
GUILTY Aged 25.—Recommended to mercy .— Confined Three Months.
Sixth Jury, before Mr. Recorder.
(The prisoner being a German, had the evidence communicated to him by an interpreter.)
GEORGE AUGUSTUS VOIGT . I live at Clarence-place, Pentonville, and am a professor of music. The prisoner came to lodge with me on the 2nd of February, and left me on the 14th—I missed a great-coat, a stock and bits, and a plane.
JOHN KIRKMAN (police-constable F. 107.) On the 23rd of April, I apprehended the prisoner at a public-house in Tooke-court, Bow-street—I asked him if he knew Mr. Voigt—he said "No"—I asked if he knew Clarence-place, Pentonville—he said be did not—I got the duplicates of these things from the prosecutor—I found a letter on the prisoner, written in German.
Prisoner. I took the tools away to. pay myself for my labour. Witness. I took him out of charity till he got tome employ—I said I would pay him when he had completed his work—his board and lodgings were worth more than the work he did.
GUILTY Aged 27.—Recommended to mercy .— Confined Ten Days.
1332. CHARLOTTE PLUMMER was indicted for stealing, on the 4th of May, 1 watch, value 3l. 10s.; 1 watch chain, value 10s.; 1 seal, value 15s.; 1 watch key, value 6d.; 1 pencil-case, value 4s.; 1 sovereign, 1 shilling, 1 sixpence, 1 penny, and 2 halfpence; the goods and monies of James Carnick: and CHARLOTTE BRETT for receiving, harbouring, and maintaining the said Charlotte Plummer, knowing the said felony to be done and committed: and JAMES BALL for feloniously receiving 1 watch chain, 1 seal, and 1 watch key, part and parcel of the said goods, well knowing them to have been stolen; against the Statute, &c.
JAMES CARNICK . I live in Guilford-street, Russell-square. I am a servant out of place—I met the prisoner, Plummer, on the 4th of May, at the corner of Great Queen-street, Long-acre, about half past one o'clock in the morning—I went with her to No. 2, Leg-alley, to the second floor front room—I took my watch out of my pocket, wound it up, and went to bed, replacing the watch in my fob, and putting my trowsers under the pillow—there was no lock to the door—I put a chair against it—when I awoke at half past five o'clock I discovered the door was open—I jumped out of bed, and missed the watch and chain, seals and key, a sovereign and some other money—the watch chain was silver, and the key and seal were gold—I lost a silver pencil case—these are the articles—I was not conscious that Plummer had left the room till I awoke—I was perfectly sober.
Cross-examined by PMR. PAYNE. Q. Did you give her any money? A. Yes; two shillings and three sixpences—I had been only out of service one day—I know nothing of the other prisoners.
JAMES COLEMAN . I live in Ship-yard, Temple-bar, and am a private watchman, in Little Russell-street, and Drury-lane. On the 4th of May, I saw the prosecutor and Plummer together, between one and two o'clock in the morning—I heard the next morning that the prosecutor had lost his
watch—I saw Plummer on the 6th of May, and took her—she said she knew nothing about it.
WILLIAM CLARKE (police-constable F. 129.) I live at the station-house Bow-street. On Sunday, the 6th of May, I found Plummer at the station house—she called me, and told me what she was there for, and said it was a thing she had never done before, and if it had not been for a young woman named Charlotte, she would have taken it back again, she did not knot her other name—she asked me if I had seen the person who had lost it—I said yes, he had been there several times—and then she said, this young woman, Charlotte, had sold part to a young man in Broad-street—I took Ball, and requested him to show me the watch, chain, and seal that he had bought—I waited at the private door, and he brought it out to me—I asked him if he knew who he had bought it of—he said he did not—while I was waiting while he changed his clothes, I got information, and took Brett—I showed her the chain and seal, and she walked on to Bow-street with me—I overtook Ball, who had walked towards the office—Brett said "If I sold it, I did not steal it"—Ball said he bought it for 4s.
Cross-examined. Q. You went to Ball, and asked him about the chain and seal? A. Yes—I went about the length of this court to fetch Brett—Ball went in the direction of the police-office—he did not conceal any thing—when we were at the office he handed me his own watch to take care of.
(Property produced and sworn to.)
(Plummer received a good character.)
PLUMMER GUILTY Aged 27.—Recommended to mercy by the Jury .
Confined One Month.
BRETT and BALL— NOT GUILTY .
CHARLES OTWAY (police-sergeant A 7.) I was on duty in St. James's park, near the palace, on the 17th of May, at a quarter before two o'clock, the day of the drawing-room—there was a crowd near Buckingham-palace, at the time her Majesty was passing towards St. James's—I saw the prisoner in the crowd—I saw him take the handkerchief from the prosecutor's pocket, and put it into his own pocket—I lifted his arm out of his pocket and took his hand out with the handkerchief in it—I touched the prosecutor, and he identified the handkerchief as his.
Cross-examined by. MR. PRENDEROAST. Q. Had not the prisoner pockets of his own? A. Yes—he put his hand into his right-hand coat pocket—he had trowsers pockets, but his coat was buttoned—I had seen the prisoner before, but knew no harm of him.
WILLIAM GEOGHEGHAN, M. D . I live in Duke-street. I was near Buckingham-palace on the 17th of May—the policeman told me I had lost my handkerchief—I missed it, and saw the officer take it from the prisoner, when he lifted his hand out of his pocket—this is it—(looking at it.)
Cross-examined. Q. Have you not said that he might have picked it up? A. No—I said I did not know that my pocket was picked till the police man told me.
(The prisoner received a good character.)
GUILTY Aged 19.— Confined Three Months.
JOHN JONES . I am shopman to Mr. John Jackson, of Knightsbridgeterrace. On the 12th of May I saw the prisoner lurking about the door for some time—I observed a hand round the corner of the door—it took a shirt which was hanging on the door inside—I then saw the prisoner put the shirt into a handkerchief, and go by the door with it—he crossed the road, and put it into his hat—I followed him to Hyde-park—when he saw a policeman he ran, and I ran after him with the officer—he took the shirt from his hat, and put it under a tree—I saw him stopped, and saw the bundle picked up—the shirt was in it, and our shop ticket is on it.
Cross-examined by. MR. DOANE. Q. How old are you? A. Seventeen next October—a person passing could not take it down, they must come on the steps—if the door had been shut, the shirt would have been outside—I was behind the counter—I never lost sight of him till he was caught, which was in about five minutes.
JOSEPH WRIGHT (police-constable B. 137.) I was in Hyde Park, and saw the prisoner running—he noticed me—I saw him take his hat off, and throw the shirt and a handkerchief under a tree—it was picked up by a man, and given to me while I was pursuing—this is the shirt—it has the ticket on it, marked 4s. 6d.
(The prisoner received a good character.)
GUILTY Aged 19.— Confined Three Months.
JOHN WALKER . I am shopman to Mr. William Buckland, a pawnbroker, in Whitechapel-road. The prisoner came to my master's shop on the 16th of May—he required to see some steel spectacles—I reached him several pairs out of the window—he selected one pair, and laid them aside, and said he would call again—I then counted those I took out of the window, and missed a pair—I detained him, and called Mr. Buckland—the prisoner then took out this pair, and put them down.
Prisoner. I throw myself on the mercy of the Court.
GUILTY . Aged 48.— Confined Three Months.
1336. ANN EFFINGHAM, SARAH COPE , and MARY BARNADINE , were indicted for stealing, on the 3rd of May, 20 yards of printed cotton, value 10s.; and 5 handkerchiefs, value 1l. 2s.; the goods of William Davies; and that Effingham and Cope had been before convicted of felony.
JOHN CONSTANTINE . I am in the employ of Mr. William Denies, linendraper, Nos. 66 and 67, Chiswell-street. On the 3rd of May the three prisoners came to the shop together—Barnadine had a child—they asked to see some silk handkerchiefs—I showed them several—they all looked at them—I then saw Barnadine go to the top of the shop, above the others, take a piece of print, and walk out with it—the child was cross, and I suppose she made that a cause for leaving the shop—she took the print in going out—I do not know that the other two saw her take it—she was followed out by Mr. Davies—I went on showing the other two the handkerchiefs, and saw
Effingham draw a piece of silk handkerchief from under the others, and put it under her dress—I do not think she was aware that I had sent anybody after Barnadine—Mr. Davies and a policeman then came in with Barnardine, and Effingham attempted to put the handkerchiefs she had taker again under the wrapper on the counter, and I took the wrapper from her—she then threw the piece of handkerchiefs down by the side of the counter—she took it from under her dress.
Cross-examined by. MR. PAYNE. Q. Where were you? A. On the opposite side of the counter—Barnadine had the same child with her that she has now—I saw her take a piece of print as she went out, from under a pile behind the door—the child was on her arm—as she went out the pile was on her left-hand, but she turned her right-hand to it—the other two prisoners were before me, but not so as to prevent my seeing what was going on—Effingham took a piece of handkerchiefs, and put it under her clother, and I saw her throw that piece on the ground—I can swear it did not fall from the counter—I pointed it out to Knocker—there were a great many handkerchiefs on the counter—the prisoners all came in together, and I saw them talking to one another as they came in—they all looked at the silk handkerchiefs.
JOHN HENRY KNOCKER . I am in the service of Mr. Davis. I watched Effingham and Cope—I cannot tell what Cope said, but Effingham wished some silk handkerchiefs to be spread on the counter—she took one piece, and put it under her dress—an officer came in with Barnadine—I then touched Effingham on the shoulder, and told her she had a piece of handkerchiefs—she denied it—I saw it on the ground after it had fallen—I am sure it was not there when I touched her—I am sure it did not fall from the counter.
Cross-examined. Q. Where were you? A. Behind the counter—I leaned over and could see the ground—there were no handkerchiefs on the ground when I first touched Effingham.
COURT. Q. You saw her conceal it under her dress? A. Yes—I was about half a yard from her.
JOHN DAVIES . I saw the prisoners looking at some handkerchiefs between seven and eight o'clock that evening—I went to the door after Barnadine, and saw her standing outside—she had a cloak on—I said to her, "I suppose your little baby won't keep quiet in the shop?"—she said, "No"—she turned in speaking to me, and I saw the piece of print sticking between her legs—I saw it two or three times, and she could not mow with it there—I kept her there a quarter of an hour, till I saw an officer—I called him, and I took this print from her in his presence.
Cross-examined. Q. Were not her clothes too long for you to see anything between her legs? A. It was outside her clothes—I waited for an officer before I took it—I am brother to William Davies—he has no partner—this print is his property, and so are the handkerchiefs.
CHARLES SCOTCHMER (police-sergeant G. 2.) I was on duty near tie prosecutor's shop, on the 3rd of May, between seven and eight o'clock—I saw Barnadine looking in at the window, and Mr. Davies take this piece of print from between her legs—I took her into the shop, where the other two prisoners were—I saw Effingham throw down these five handkerchiefs—I took them, and took her into custody—Cope was standing with her.
Cross-examined. Q. She went away, did she not? A. Yes, but the came and spoke to the others, and I told an officer to take her.
CHARLES BEAUMONT (police-constable G. 194.) I was going to take Cope, and she ran off about a hundred yards—when I took her, the was very violent and struck me several times—I had above a hundred people round me.
JAMES TESTER . I produce a certificate of Effingham's former conviction, which I got from Mr. Clark's office—(read)—I was present at the trial of Effingham, in December, 1836, for stealing a piece of merino.
Cross-examined. Q. What was the name then given? A. Sophia Perryman, but she is the person, I am quite sure.
WILLIAM GILLIS MORRIS . I am a policeman. I produce a certificate of Cope's former conviction—(read)—I.)was present at the trial—the is the same person mentioned in the certificate by the name of Caroline Gadbury.
(Barnadine received a good character.)
EFFINGHAM— GUILTY Aged 20.
COPE— GUILTY Aged 16.
Transported for Seven Years.
BARNADINE— GUILTY Aged 26.— Confined Six Months.
OLD COURT.—Monday, May. 21st, 1838.
Third Jury, before Mr. Sergeant Arabin,
ELLIN CARTER . I am a widow, and carry on the corn and yeast trade. The prisoner was in my employ for about nine months—it was part of his duty to receive money on my account—on the 17th of April I sent him with a bill to receive 2l. 11s., 8d., which a customer named Deacon owed me—he came back and told me the gentleman had not paid—on the 10th of May I discovered that he had been paid, and spoke to him about it—he said there had been a dispute about the bill, that Mr. Deacon said he had paid him—I said, "You have never brought me the money"—he said no, he had never received it.
Prisoner. I never received the money. Witness. I saw him make hit mark—I paid him all in silver.
GUILTY Aged 24.—Recommended to mercy by the Prosecutrix .
Confined Three Months.
DAVID SAVAGE . I am a bootmaker, and live in Nelson-street, Commercial-road. On the 17th of May I was in St. James's Park, on the Parade, seeing them charge the guns—I saw the prosecutor standing in front of me—he was a stranger—I saw the prisoner take the handkerchief from his pocket, and put it into the flap of his breeches—I told the prosecutor
what had occurred—he took the prisoner into custody, and took the handkerchief from his person in my presence.
Cross-examined by. MR. PAYNE. Q. Were you near to him? A. Yes, close—I am quite sure I saw him take it—there were hundreds of people there to see the review.
GEORGE WILLEY . I was looking at the guns in the Park—Savage gave me information—I turned round, and saw the prisoner getting away as fast as he could—Savage pointed him out—I took hold of him, and found my handkerchief in the flap of his trowsers—this is it—(looking at it)—I had it in my pocket not a minute before.
(The prisoner received a good character.)
GUILTY Aged 15.—Recommended to mercy .
Confined Three Months.
FRANCIS GILES . I am a civil engineer. On the 18th of May, between two and three o'clock in the day, I was walking in the Strand—I heard some one walking close behind me—I turned round, and saw the prisoner with my handkerchief in his possession—it had been in my coat pocket a very short time previously—he was walking away with it, but I collared him the moment he was about to start—he attempted to hand the handkerchief over to an accomplice, but he did not receive it, and got off—this is my handkerchief—(looking at it.)
JOHN WILSON BELTON . I am a collector of rents. I was in the Strand, and saw the handkerchief drop from the prisoner's hand—I was within five or six yards of him—I did not observe the other, as my attention was directed to the prisoner.
Prisoner's Defence. There were three of us, lads, walking together—a smaller lad than me handed the handkerchief to me—I was not aware he was going to take it—I did not have it in my hand at all, but, being clots to the gentleman, he took me.
GUILTY Aged 18.— Confined Six Months.
JOHN WHITE . I keep a coal-shed The prisoner was my errand-boy—on the 21st of April I sent him with half a hundred weight of coals to a customer in Craven-buildings, City-road—he was to bring back 10d. for them—he returned, and told me the person who had the coals wanted change for half a crown—I gave him 1s. 8d., and he was to bring back the half-crown; but he never returned, and I saw no more of him till he was in custody—this was the first day he was in my employ, and the first money he had to receive.
EMMA RIDOUT . I live in Craven-buildings, City-road. The prisoner brought me tenpenny-worth of coals—I told him to get change for half a crown—he brought me back 1s. 8d., and I gave him a half-crown—I am sure he is the same boy.
GUILTY Aged 13.— Transported for Seven Years.
1341. RICE THOMAS was indicted for stealing, on the 15th of May, 1 shawl, value 10s.; 15 pairs of stockings, value 1l. 5s.; and 1 pair of gloves, value 2s.; the goods of George Mew and another, his masters.
GEORGE MEW . I am a mercer and draper, and live in Holborn., I have one partner—the prisoner was a shopman of ours for about five weeks—he was to have 35l. a-year—in consequence of missing things on Wednesday, the 16th of May, about nine o'clock in the morning, I directed Philip Beer, one of our young men, to go round and get the keys from all the young men to. have all their boxes searched—when the prisoner's box was come to,. I was sent for, and on reaching the room I saw a shawl lying on the bed by the side of his box, and fifteen or sixteen pairs of stockings, and a pair of gloves in the box—a policeman was sent for, and he was given in charge.
Cross-examined by. MR. PAYNE. Q. Were you there when the box was opened? A. No; I did not open the box myself—I was examined before the Magistrate—my deposition was read over to me, and I signed it—the clerk told me if the box was opened by my desire, it was just the same as if I opened it myself—they put it down that I opened the box myself—I have no books here—it is impossible for me to tell whether these things have been sold or not—I do not believe they were sold—if the prisoner had purchased them, we should have known it, because he would have mentioned the young man of whom be bought them—he said he had the stockings before he came into our service, and that the shawl was partly sold—I believe we had a character with him—it is always our practice to have one, but I did not go after it myself.
PHILIP BEER . I am in the prosecutor's service. Mr. Mew directed me to search the young men's boxes—mine was searched amongst the rest—I collected the keys from the different young men—on opening the prisoner's box, I found this shawl, several pairs of stocking!, and a pair of gloves—the shawl has our shop-mark of 10s. 6d. on it, and two cards, which were with the stockings in the box are marked 221/2—the shawl would have the shop-mark on it when sold—I cannot say it was not sold, but it is my belief it was not—the stockings were open, and loose in the box, not done up as those in the shop—they are all new, and have never been worn—I cannot swear to their being Mr. Mew's property, but the cards which were in the box with them belonged to the shop.
Cross-examined. Q. They do not belong to these particular stockings, but were in the trunk loose? A. Yes; the stockings are of different qualities, they have no mark on them—I cannot swear to the gloves, but we have some of the same description in the house.
WILLIAM JOSHUA COOK . I was present at the search of the boxes, and saw the goods taken from the prisoner's box—there were fourteen or fifteen pairs of stockings, I think found, of different qualities.
GEORGE MEW re-examined. These are cards in which my stockings were kept—I have no doubt these stockings. Are mine—the prisoner would not buy them for himself, for they are not half the size of his foot—he never bought them of me—it is customary for one young man to purchase of another, but not without the partners' consent—they always make application to one of the partners—it would not be entered in the books, but a bill would be made out of any such purchase.
(The prisoner received an excellent character.)
GUILTY Aged 25.—Recommended to mercy. Confined Six Months .
MR. DOANE conducted the Prosecution.
WILLIAM HOLLIDAY . I am a livery stable-keeper in Seymour-men The prisoner was in my employ as coachman—on the 7th of March I let a pair of horses to a lady named Arnold, in Duke-street, for two months, at eighteen guineas a month—the prisoner was employed by me at 25s. a-week, to drive Mrs. Arnold about—he had no right whatever to go ad get 25s. a-week from her for doing it—she was to repay me the 25s. a-week which I gave the prisoner—at the end of the two months, she owed me 47l. 16s.—that included the 25s. a-week—the job was off on the 1st of May, and on the 2nd I expressed my intention, in the prisoner's presence, of going to receive that amount—he said, if I would allow him to take the bill, she would very likely give him something, as he had been in the habit of driving her about—I gave him the bill, and a receipt for 47l. 16s.—he returned, saying, Mrs. Arnold was out, and he was to take the receipt the next morning—he took it next day, and returned and said, that Mr. Arnold, her son, would call and pay the amount the next day (Thursday)—Mr. Arnold did not call—I took no notice of it on Friday, but on Saturday the prisoner was going to drive a job for me, and he said, "I have just met Mrs. Arnold's butler; he is going to the Bank to get some money, and will call and pay your bill as he returns"—the butler never called, but in the evening I happened to meet him, and in consequence of what he said, I gave information to the police, and the prisoner was taken into custody on the Monday following—I told him he had robbed me, and asked what he had done with the money—he said he had got part of it by him, and he would give me what he had got—he gave to policeman 38l., and said if I would allow him till Monday he would bring the remainder, and I let him go—I afterwards found out that the receipt was forged, and had him taken into custody again.
Cross-examined by. MR. PAYNE. Q. After he gave you the 36l. did you make any arrangement with him about paying the remainder? A. No; he said he would go and get the rest if I gave him till Monday, but he did not meet me on Monday—I did not meet him anywhere, and tell him I was going to my solicitor's at three o'clock—the 38l. was more than enough for the hire of the horses alone—the way in which he cheated me was by taking two salaries at the same time—if Mrs. Arnold had to pay him the 25s. a-week, I should only be entitled to claim 36 guineas from her, but I engaged him and I paid him—if I had known she had paid him, I should not ban done so.
COURT. Q. The bargain was, that you were to pay him? A. Yes; I was his master—he drove my horses.
ISAAC SALT . I am butler to Mrs. Arnold. She hired a pair of horses of the prosecutor, and the prisoner drove her about—I paid him 25s. every week, by my mistress's directions, for doing so—he came to me on Friday, the 3rd of May, with this receipt—the bill had been left the day before—I took it up to Mrs. Arnold, and she sent down a cheque of 37l. 16s. on her bankers—this is the receipt the prisoner gave me—(The receipt being read, was for 37l. 16s., and was signed. "W. Holliday. ")
Cross-examined. Q. How do you know that is the paper the prisoner gave you? A. I am confident of it—I carried it directly up stairs to Mrs.
Arnold, and read it over to her—I only bad it in my possession a few minutes—I knew it again at Marylebone office.
MR. DOANE. Q. Did the prisoner ever give you more than one receipt? A. No—that was for 37l. 16s.—I believe this to be the receipt.
WILLIAM MITCHELL . I am a policeman. I was looking alter the prisoner for six days, having a warrant against him—on the morning of the 4th of May, about five o'clock, I was in Edward-street, Manchester-square, and saw the prisoner come out of No. 42, James-street, and shut the door—I went round into James street, and as soon as be saw me he ran up Henrietta-street, and round into 42, James-street, again—I ran after him and caught him before be could shut the door—I said, "What a foolish man you were to run, I have got a warrant against you;" and I read the warrant to him—he said, "It is all very true; but if Mr. Holliday had waited little while, I should have paid him; but I know Mr. Holliday will stick to me, and I know I shall get transported"—I afterwards got this receipt from the witness Salt.
GUILTY Aged 35.— Transported for Seven Years.
MR. DOANE conducted the Prosecution.
MARGARET HAY . I am in the employ of John Augustus Nicholay, a furrier, in Oxford-street. On the 15th of January the prisoner came and presented this letter to me—knowing Mr. Moore, whose signature is to it, I gave the prisoner three boas—I saw Mr. Moore about three weeks afterwards, and mentioned the circumstance to him.
GEORGE BINFIELD MOORE . I am the prisoner's uncle. I believe this letter to be his hand-writing—it is not mine, nor any part of it—I never authorised him to write it or to utter it—I had dealings with Mr. Nicholay—in consequennce of what Margaret Hay said to me I had the prisoner apprehended—(letter read)—"To Mr. Nicholay, 82, Oxford-street, January 15, 1838.—Sir, have the kindness to send by the bearer two or three squirrel boas for Mrs. Moore to make choice of. I shall be in town again to-morrow, and will call on you—he kind enough to ticket the price on them. Yours, faithfully, George Moore, Uxbridge."
HENRY WILLIAMS . I am a policeman. I took the prisoner into custody on the 14th of this month—I found him in a common brothel—I asked him if his name was Moore—he said, "Yes"—I asked if he had an uncle living at Uxbridge—he said he bad—I told him I took him for stealing some boas from a shop in Oxford-street—he said, "I thought that was it"—I found a letter on him containing a list of articles.
Prisoner's Defence. I have been led on by other parties whom I have got acquainted with—I am sorry for what I have done—I wrote to my uncle, wishing him to let me come home, and they trapped me—I did not expect to be taken away—my uncle has been very hard against me.
GUILTY Aged 21.— Transported for Seven Years.
1344. ELIZABETH MARSHALL was indicted for stealing, on the 4th of May, 1 basket, value 1s.; 4 sheets, value 10s.; 7 pillow cases, value 2s.; 2 handkerchiefs, value 6d.; 1 bed cover, value 2s.; 1 petticoat, value 1s.; 1 quilt, value 2s.; 1 sofa cover, value 3s.; 1 other petticoat, value 2s.; 1 pair of drawers, value 1s.; 4 nightcaps, value 1s.; 2 shirt, value 2s.; 4 towels, value 1s.; and 1 shift, value 1s. 6ds.; the goods of Robert Henry Ford.—2nd COUNT, stating them to be the goods of John Collins.
LUCETTA FORD. I am the wife of Robert Henry Ford, and live at No. 6, Carlisle-street, Soho-square. On Friday, the 4th of May, at two o'clock, I took the articles stated, in a basket, and left them at Mrs. Collins's, in Little Chapel-street, to be mangled—I gave them to herself—I never saw the prisoner till she was at Bow-street—I never authorial her, or any one, to go and fetch the basket—I have never seen the thing since, except a small bundle which had been at the top of the basket, and that was delivered at my door by Mrs. Collins's little girl.
Cross-examined by. MR. BALLANTINE. Q. Who did you see when you took the linen? A. Only the little girl and her mother—it is quite impossible that the prisoner could have been there, so as to hear what passed.
CATHERINE COLLINS . I am the wife of John Collins, and live in Little Chapel-street, Soho. On the 4th of May, Mrs. Ford brought me a basket of things to be mangled—about a quarter to three o'clock, the prisoner came and asked for them—I never saw her before, but I thought she was Mrs. Ford's servant—she said, "I am come to fetch the stout lady's things from No. 6, Carlisle-street"—I said, I was very sorry the things were not done—she said, "Well, will you bring them home when they are done?—I said I would—about a quarter of an hour afterwards she came again, and said, "I am come for the things from No. 6"—I said, they were not done—she said, "I am to wait for them"—I went down stairs and brought them up—she said "Oh dear me, I am very sorry the lady has no change, only 1s."—I said, that is of no consequence whatever, my little girl shall go with you to take the basket, and can get the change—they came to 7 1/2 d.—I gave my little girl 4 1/2 d. to give change for the 1s.—she came back in five or ten minutes—the things have never been found—I have made every inquiry at the pawn-shops.
Cross-examined. Q. What was it the person who called upon you said about the stout lady? A. That she lived at No. 6, Carlisle-street—she said so immediately on coming in—I am certain of that—I said so before the Magistrate, and heard it read over to me—I am certain of that—I named No. 6, Carlisle-street several times, and heard it read over to me—I am quite positive it was a quarter to three o'clock when the prisoner came the first time, and the second time was about a quarter of an hour after, when she took the things away—she had on a black silk cottagebonnet, a very small shawl of a dark-mixed colour, a lavender-coloured gown, and a white calico apron, which was quite new, and which I believe my little girl has now got, for the prisoner took it off, and folded it round the bundle which she gave to my child—I am quite positive she is the person, and she is, well aware of it, for she knew me when I saw her in custody—she was taken on the 7th, in the Broadway, just past St. Giles's church—I have not been talking over this matter with my little girl—I have not questioned her about it—I have named the circumstance once or twice, but not to her particularly—I never asked her whether she remembered what dress the prisoner had on—I never had any conversation with her about the dress she had on—I swear that.
COURT. Q. Do you persevere in saying she is the same person? A. I am certain—I said so when I met her in Holborn, and gave her into custody.
MARTHA GILBEY . I am thirteen years old, and live with my mother, Mrs. Collins. I was not at home when Mrs. Ford brought the basket of linen—I was when the prisoner came for them—she came about three o'clock the first time, and came again about a quarter of an hour after—I am sure she is the woman—she said the lady had no change, and mother sent me home with her to get the money—I went as far as Dean-street with her, and when we got there she gave me a small bundle out of the basket, wrapped this apron over it, and said, "Take this to the stout lady at 6, Carlisle-street, and she will know this apron"—I went there, and she walked away with the basket and the rest of the things—she said she was going to No. 4, to Mrs. Smith's, with some sheets—I am positive she is the same person.
Cross-examined. Q. What makes you so certain? A. I sat with her in the room for ten minutes—she had on a lilac gown, and a black silk bonnet—I cannot describe what shawl she had—I did not take that particular notice—I never told my mother what dress she had on—I have not talked to my mother about this—I heard her mention it to my father, but not to me—I do not think I heard her tell my father what dress she had on—I know the prisoner from her appearance—she is the girl—I did not see her again until she was at the police-office—my mother told me before that that she had taken the girl—I saw her at the police-office after my mother told me that—she was not pointed out to me there—I saw her standing in the iron place alone.
Cross-examined. Q. Was the little girl with her mother? A. No—the was fetched to Bow-street, and directly she saw the prisoner, she was certain of her—the prisoner denied the charge at once—she said before the Magistrate, that she had been all the day at home with her sister—I found 3/4 d. on her.
(Witnesses for the Defence.)
MRS. DAVIS. I live in Boyle-yard, Belton-street, Long-acre. I was born in the house, and have lived there ever since—the prisoner lived in my first. floor front room four or five months with her husband, who is a printer in the Queen's printing-office. On Friday, the 4th of May, he dined at home, and went away about half-past two o'clock—the prisoner was at home at the time, and did not leave the house till past three o'clock—I did not dine till three o'clock that day, and after dinner I went up stairs to ask her for a washing-tub which I had lent her—she was locking her door at the time—she said the had given it to Mrs. Jones, another lodger, and she then went out—it was past three o'clock then, I am sure—she had on the gown she has now, a shawl, and a brown bonnet—I never saw her wear any other than a brown or white bonnet.
MRS. JONES. I lodge in Mrs. Davis's house. I was at home on the day in question—I heard Mrs. Davis come up and ask the prisoner for her washing-tub—I think it must have been past three o'clock then—I said, "I have got the tub, Mrs. Davis"—I am sure she had been at home from one o'clock till that time—she had on a light shawl, a stuff bonnet, and the same dress she has on now—she never wore any other while I was in the house—she bore a most excellent character—I do not know how far our house is from Searle's-place, Carey-street.
ANN MARSHALL . lam sister to the prisoner's husband—I lodge in Searle's-place, Carey-street. On the day in question she came to my hoot about ten o'clock in the morning, and went away about half-past twelve o'clock—she came again about half-past three—she had on the same dress she has now, and a brown merino bonnet—she had nothing with her.
COURT. Q. What are you? A. A dress-maker—I lodge with Mrs. Gee, who keeps the house.
NOT GUILTY .
1345. THOMAS PAUL was indicted for stealing, on the 9th of April, 1837, 1 watch-case, value 10s.; two seals, value 1l.; 1 tobacco-pouch value 3d.; 1 pencil case, value 6d.; and 1 handkerchief, value 1s.; the goods of Duncan Crawford, since deceased.—2nd COUNT, stating the property to belong to Charles James, Lord Bishop of London.
MR. CURWOOD conducted the Prosecution.
GEORGE GILBERT . I knew the deceased Duncan Crawford—he lodged with me seven months—the last time I saw him alive was on a Sundays in April, 1887, and I think it was the 9th, but I am not certain—I am certain he had his watch in his pocket at that time—he always bad seals to his guard—I cannot say positively whether he had them at that time, but he had his guard about his neck—he went away at four o'clock, and I saw no more of him afterwards—I saw his body, I think, on the Wednesday alter, at Poplar bone-house—there were plenty of marks about the body at that time—I saw the mark of a blow under his left ear.
AMELIA INGRAM . I keep the Ferry-house at the Isle of Dogs, near the Mill-bank. Some time about twelve months ago I remember four men coming, and giving me information that a dead man was at the back of my house in the water—the prisoner was one of the four—he is a navigator, and was working in the neighbourhood—he was in the habit of coming to my house for beer—I knew nothing of the deceased, nor his property.
Cross-examined by. MR. PAYNE. Q. Was the prisoner the person that spoke to you about it? A. No, another man—it was on, a Monday morning—I am sure it was not Wednesday—it was about half-past eight o'clock or ten minutes to nine o'clock—the persons went away together afterwards COURT. Q. You say four of them gave you information, and he was one of them? A. Yes—two of them came to the kitchen door, and two stood down the steps—he was one of the two that stood on the steps.
BENJAMIN LOVELL (police-constable R 15.) On the 9th of April, this year, between two and three o'clock in the morning, I went with another constable to the prisoner's house, in Grove-lane—I went into the room where he was in bed—the landlord and two lodgers were in the room besides—he was quite tipsy—I shook him several times before I aroused him up—I then asked him if he knew me—he said "Yes," and called me by name—I told him he had no call. to answer me any questions except he thought proper, as whatever he said I should repeat to the Magistrate—I then told him I came to apprehend him on a very serious charge—he wanted to know what it was—I told him for being concerned in murdering a man, and robbing him of his property in the Isle of Dogs, about twelve months back—I asked him if he had sent a girl named Mary Davis to pledge the case of a watch at Mr. Perry's, in Flagon-row—he said he did, that she was detained with it, and he went and got 5s. on it himself—I asked him whether he had ever had the inside of the watch—he said "No" he never saw it—I
asked him how he came by the case—he said he had it given to him—I asked him who gave it to him—he said sooner than he would confess he would suffer to be sent out of the country for life—I then took him to the station-house, searched him, and found this book, pencil-case, and tobacco pouch in his waistcoat pocket, which has been identified as belonging to the deceased; also a knife, which has not been claimed—there was a long investigation at the police-office, and the prisoner was at last committed for larceny.
Cross-examined. Q. Was he very drunk when you took him? A. Yes—when I roused him up and shook him he fell back again—I did not ask him any questions till he was collected—I was in the room twenty minutes or half an hour before he dressed himself and came out—I asked him those questions in the room before he was dressed—he was sitting upright in the bed—I only asked him at first whether he knew me, and he said "Yes"—I found the things in his pocket when I got him to the station-house, which is a very little distance from the house.
COURT. Q. Did he appear to you, although he was so tipsy, to understand what the questions were? A. After he got out of the house he was just as able to walk as myself—I did not put any question to him till he was thoroughly collected—he said he knew very well what I said.
JAMBS CONNOR (police-constable R. 191.) I went with Lovell, and was present when he had the conversation with the prisoner—he has stated it correctly—I produce a watch-case, which I got from Mr. Perry's, a pawnbroker, in Flagon-row, Deptford—the duplicate is also here—I heard the prisoner asked whether he had sent Mary Davis to pawn that case—I have nothing more to say than Lovell—every word would be over and over the tame.
Cross-examined. Q. What did the prisoner say when he was asked about Mary Davis? A. He first said he did not send her—that was when he fell back—he was not, I should say, properly collected at that time—he afterwards said he did.
MART DAVIS . I know the prisoner—on a Monday afternoon, about twelve months ago, the prisoner gave me a watch-case, and asked me to go and pledge it for 4s.—I did not hear of the man being murdered or drowned till twelve months after—the pawnbroker did not let me have the 4s., but detained the case—I went back to the prisoner, and he went to the pawnbroker's—I believe it was in the month of April—I do not recollect the day of the month—it was on a Monday—it was a silver watch-case, like the one produced, but I cannot swear to it—I never pawned but one watch-case for him.
Cross-examined. Q. How long ago is it since you were first asked any thing about this? A. Not till about last week, I believe, when I went before the Magistrate—I did not hear of the man's death till then—I live at Deptford, and get my living the best way I can.
JOSEPH CUNNINGHAM . I am in the service of Messrs. Perry and Barnes, pawnbrokers, in Flagon-row, Deptford. I recollect this watch-case being pawned with us on Tuesday, the 11th of April, 1837—it was brought by Mary Davis—I asked her who it belonged to—she mentioned some name, which I have forgotten—I told her to send the person, and she went away, leaving the case behind—the prisoner came afterwards, the same day—I am sure of the date, by the ticket, and the entry that was made at the time how book—I have no doubt about the prisoner being the person.
Cross-examined. Q. I suppose you have no memorandum which would enable you to tell it was the prisoner? A. No—I wrote the ticket myself—I am quite sure of him—I do not know that I was always so sure.
CHARLOTTE JOHNSON . I knew the deceased Duncan Crawford—he resided at Rotherhithe—I was the last person he spoke to on leaving hoot—I know he had his watch with him that Sunday morning, by a particular circumstance—I was sitting down stairs, and he came tome, and asked me to tie his cravat—I did so, and he had his watch about him then—I know his watch well—I used to have it for a week together in my possession—this is the case of it—I know it by three letters that are in it—I swear positively that is the case of his watch, and this pencil-case I can swear to—it was his—this book was also his—it has his hand-writing in it—I saw him write in it one afternoon as he was sitting at dinner—I cannot swear to the tobacco pouch—I know he had one—the pencil-case, book, and watch-case, I swear to positively—he had his watch and seals attached to it when he left. Cross-examined. Q. How came you to have his watch for a week togtther? A. He would very frequently give it to me on the Monday morning, when he went to work, and not ask me for it again till Sunday morning, when he dressed himself—I was living with my parents at the time, where he lodged—he was not paying his addresses to me—I was not in the habit of opening the watch, but I once cut a paper for it, and saw the letters J R K in it—I do not know whether that is the Hall-mark to show that it is silver—I used to keep it in a drawer, and sometimes hung it round my neck—I did not see it again till a short time ago—I am living at home now—the pencil-case is a common one, but I can swear to it by the impression on the stone—I have seen him list ft—I often saw him use this book, and I saw him write this, "Braganza Steamer," in it one afternoon—a young man came to him who was going to work on board the Braganza. Steamer, and he wrote that down—I swear I saw him write that more than a year ago—I saw him write in the book at other times, but I cannot say whit it was particularly—it was one afternoon, on a week-day, that I saw him write this—I did not look over him when he did it, but he left the book on the table, and I took it up, and gave it to him when he came home to tea—I cannot say what the book is about, but he used to write in it—there is a good deal of his writing in it—I believe every part of it to be his handwriting—that is some of his—(pointing some out)—I cannot say I saw him write that, but it is his hand-writing—I am married—my husband is an officer on board her Majesty's ship Barrow, which was at Malta a short time since.
(Elias Walter, a foreman of works at the Thames-tunnel, gave the prisoner a good character.)
GUILTY Aged 36.— Transported for Seven Years.
1346. JOSHUA MARKS was indicted for stealing, on the 4th of May, 1 jacket, value 1l.; 2 pairs of trowsers, value 1l. 10s.; 1 pair of shoes, value 7s.; and 2 handkerchiefs, value 1s.; the goods of Michael Henry Hart, his master.
MR. BALLANTINE conducted the Prosecution.
ANN BOXALL . I am servant to Mr. Thompson, who keeps the North Briton Coffee-house, in High-street, Shadwell. I know the prisoner by sight having seen him occasionally at our house as a customer—I knew him to be Mr. Hart's servant—one afternoon, between two and three o'clock, he
came to our shop, with a bundle, tied up in a black handkerchief and asked me to take care of it till he called for it, and not to let any one else have it—he then left, and I told my mistress of it.
Cross-examined by. MR. DOANE. Q. Do you remember any sailor being there that day? A. No—there might have been one—many sailors do come.
WILLIAM THOMPSON . I keep the North Briton, in High-street, Shadwell; it is just opposite Mr. Hart's shop. On the 4th of May I came home about half-past three o'clock, and found a bundle lying on the sideboard—my wife pointed it out to me—I went over to Mr. Hart—he came back with me, and opened the bundle, which contained two pairs of trowsers, a jacket, two pairs of shoes, and a handkerchief—I delivered the same bundle to the officer.
MICHAEL HENRY HART . I am a clothes-salesman, and live in Ratcliff-highway. The prisoner was in my employ,. and conducted a shop for me in Shadwell—in consequence of what Mr. Thompson told me I went over to his shop, and found this bundle there, containing these things, which are my property—I gave the prisoner no authority to take them out of my shop—he has lived with me two or there times—the last time for about three months—these are new clothes—the tickets are not taken off—if they had been sold they would have been, and the tickets would have been entered in my stock-book.
Cross-examined. Q. Art they what are called slops? A. Yes—on one occasion the prisoner was out of bread, and I put him into my shop—if he had sold these things, he would have accounted to me for the money, and have returned me the tickets.
(The prisoner received a most excellent character.)
GUILTY Aged 26.—Recommended to mercy by the Jury and Prosecutor .
Confined One Month.
WILLIAM WRIGHT . I am a tailor, and live in Greek-street, Rathbone-place. The prisoner was with me on liking, as an apprentice—he came on the Wednesday after Easter—I missed a coat on Saturday the 5th of May.
Cross-examined by. MR. PAYNE. Q. How late had you seen it? A. At seven o'clock on Saturday evening—I believe he was going out for a holiday on the Sunday—he behaved very well while with me.
WILLIAM COWDERY . I live with Mr. Lawton, a pawnbroker, in Green-street, Leicester-square. This frock coat was pawned by the prisoner, on Saturday evening, the 5th of May, between nine and ten o'clock, for 25s., in the name of William Jones 10, St. Martins-street—I am sure he is the person.
coat, and from the account he had given me, it was quite evident no other person could have taken it but him—he stoutly denied it for a length of time—at last he said if I would not tell his father, he would tell me where it was—he described the place to me, and I found it at the pawnbroker's.
(Property produced and sworn to.)
MR. PAYNE called
LEWIS KOCHER . I am the prisoner's father. He has paid me trifling sums of money at various times, for the last six months—on Friday, the 4th of May, he asked me for some of it, as he was going out for an excursion on the Sunday—I was not able to give him any—he has always been a good lad.
RICHARD JOHN CHEESELEY . I am a schoolmaster. The prisoner has been in my school for five years—he always bore a good character—he communicated to me his intention of going somewhere on the Sunday, and that his father had some money of his which would enable him to do so.
GUILTY Aged 17.—Recommended to mercy by the Jury and Prosecutor .
Confined Eight Days.
NOT GUILTY .
NEW COURT.—Monday, May. 21st, 1838.
Sixth Jury, before Mr. Recorder.
1349. THOMAS SMITH was indicted for stealing, on the 1st of April, 2 1/2 yards of linen cloth, value 3s.; 2 planes, value 4s.; I saw, value 1s. 6d.; 2 compasses, value 2s.; 2 hammers, value 2s.; 1 brush, value 6d.; 1 pair of pincers, value 6d.; 1 pair of pliers, value 6d.; 1 knife, value 6d.; 1 pair of shears, value 6d.; 2 thumb punches, value 4s.; and 1 bag, value 6d.; the goods of Thomas Maltby: and 1 apron, value 1s. 6d.; 1 box, value 2d.; and 12 hair pencils, value 1s.; the goods of George Powell; to which he pleaded
GUILTY Aged 22.— Judgment Respited.
1350. JOHN MAGUIRE was indicted for feloniously assaulting Patrick Hagerty, on the 21st of April, at Saint Marylebone, and unlawfully cutting and wounding him upon his head, with intent to maim and disable him.—2nd COUNT, stating his intent to be to do him some grievous bodily harm.—3rd COUNT, to resist and prevent his lawful apprehension and detainer.
PATRICK HAGERTY (police-constable D. 103.) On the morning of the 21st of April, about one o'clock, I was on duty in the Edgeware-road—I saw the prisoner in company with two females, whom I knew to be prostitutes—the prisoner had a bundle and a shovel under one of his arms, I cannot say which, and his other arm was round one of the females—I went up to the prisoner, and asked him what he had in the bundle—I was in my dress as a policeman, and had my cape on at the time—the prisoner asked me what business I had with him—I told him I wished to see what the bundle contained—he refused to let me see—I said if he did not, I would bring him to the station-house—I stepped up before him, and he instantly
dropped the bundle, and took the shovel up, struck me on the head with the blade of it, and cut my head—(I had not touched him at that time.)—it was not very much of a blow, my hat prevented it from taking full effect—my hat dropped off at the time, and the prisoner came up with the shovel and made a second attempt to strike me over the head, but I stepped back a few yards, and missing his blow he came right down on the pavement with the blade of the shovel, which turned the edge of it—he was coming up with a third attempt, with the shovel raised in his hand, when a constable from the adjoining beat came over with his staff drawn, and struck him between the two shoulders, which took no effect—it did not stop him—he turned round and struck the other constable with the shovel on the hat—he drove the corner right through the crown of his hat, and made a hole through, but it did not hit him—he then raised the shovel, and struck at the other constable again, but he missed his blow—the constable stepped back a few yards, and when the prisoner saw he had missed his blow, he ran away—I brought the bundle to the station-house, and examined it—it contained the property claimed by a person here present—there were in it five trowels, and one flannel jacket—they were wrapped round with a handkerchief—I knew the prisoner—I had seen him in custody before—he was apprehended in about three-quarters of an hour, asleep, in some house, but I was not there—I saw him in about fifty minutes in Harcourt-street station-house, which is about three minutes' walk from the place where this happened.
Prisoner. I told him to come to my lodging, and see what was in the bundle. Witness. Yes, I believe he did, but I understood he had no lodging in particular.
COURT. Q. How did you know that? A. In consequence of his being taken often times lying out in out-houses—I think the prisoner was not sober—he kept the shovel all the time—I did not get that—he went off with it, and had it with him when he was taken.
WILLIAM GLASSCOCK (police-constable. 7 61.) I was on duty on the opposite side of the Edgeware-road, about five minutes after one o'clock, on the morning of the 21st of April—I was coming from the Harrow-road, in the direction of Chapel-street—I saw several persons standing at the corner of Chapel-street, but I did not know who they were, or what they were—all at once I saw a scuffle take place, from the pavement into the middle of the road—I saw the prisoner and the constable go from the pavement into the middle of the road—I heard something drop, which proved to be these trowels—I then saw the prisoner with the shovel raised, and my brother constable was singing out. for help—I ran across the road—the prisoner struck the shovel on the ground before I got over—he was then lifting it up again, when I struck him between the two shoulders, but the blow not taking the effect which I intended, he immediately turned round to me, and struck me a violent blow with the shovel, on the hat, which stunned me, and my hat fell off, but I did not fall—I was about to come up. at him again, when I saw he had got the shovel again raised, and was coming. at me; and I found that if I advanced any further, my head would have been severed in two, my hat being off at the time—he found that I retreated back, and he then made his escape—he ran down Burns'-place—I was unacquainted with that place, and it being dark I sprung my rattle, but did not then overtake the prisoner—I saw him, in about an
hour afterwards, at Harcourt-street station-house—another officer who is here took him.
ARTHUR GORE (police-constable D. 120.) I was on duty about a quarter to two o'clock, on the morning of the 21st of April, in Charles-street, Lisson-grove—one of my. brother constables came to me, and gave me information of what the prisoner had committed—a woman came up in the meantime, and said she was afraid to go to her lodging at No. 7, Charles-street, Lisson-grove, at there was a person asleep in the house—I, in consequence, went to that house, and found the prisoner asleep on the landing of the first floor, with this shovel by his side—knowing him to be a most violent character, I took the shovel away, and let him remain, as I knew I should be unable to make a prisoner of him by myself—I went and procured the assistance of two other constables, and we then took him to Harcourt-street station-house—on his way to the station-house, be acknowledged the shovel to be his, and also at the station-house—he was sober then, but I rather suspect he had been drinking previously.
WILLIAM POUNCT . I live in Little Carlisle-street, and am a plasterer, I was at work at a new house in Somers-street, and left work at half-put five o'clock, on the night of the 20th of April—I gave my four trowels to the boy to clean, which he did, and put them into the pail which was left in the fire-place on the second floor—there was only a temporary door to the house, which was put up for the occasion, and it was fastened by a piece of wood falling against it inside—these four trowels now produced are the same as I lost that night—the prisoner had no business on those premises that I know of—he bad no authority from me to take these trowels—they are worth 6s.
JOHN DAVIS . I am a plasterer. I was working at the same house as the last witness. I lost one trowel out of the same pall on the same night—I have no knowledge of the prisoner—he had nothing to do with these premises.
GERALD MURPHT . I live in Nightingale-street, Lisson-grove. This shovel is my property—I put it into the house, No. 20, Somers-street, where the plasterers were working, and I lost it from the first-floor, the tame night that they lost their trowels.
Prisoner's Defence. I do not know how I came by the tools at all—I was very tipsy—I was coming from my work when I had them.
PATRICK HAOERTY re-examined. Q. Describe a little more fully what was the effect of the blow you received? A. If my hat had not been on it would have cut my head open—it was not very violent—my head was cut open—I went to the doctor the next morning, and got a bit of sticking plaster, to keep my hat from it—the skin of my bead was cut through—the wound was not much—it was a little round spot.
GUILTY Aged 20.— Transported for Fifteen Years.
1351. JOSEPH WALTERS was indicted for unlawfully and feloniously administering, and causing to be taken by Elizabeth Kilsbey, 6 drachms of nitric acid, a deadly poison, with intent feloniously, wilfully, and of his malice aforethought, to kill and murder her.
MR. BODKIN Conducted the Prosecution.
ELIZABETH KILSBEY . I live at Old Brentford, and am a furniture-broker. The prisoner was in my service for about nine months—on Thursday, the 12th of April, about two o'clock, I went to look for him in a stable behind my house, and found him there—there was a mare there—(here the witness described having found the prisoner in a certain situation)—I stood a minute or two, and then said, "You scoundrel, what are you doing? do you want to get yourself hanged?" and told him I certainly would tell my son, who was his master, when he came home—he said be had not been there a minute-nothing more passed—I came out of the stable, and he went to his work—(my son was gone out on business, and did not come home till twelve o'clock at night)—the prisoner was at work in the front shop—there is a parlour behind the front shop which opens into the shop-about four o'clock in the afternoon, I sat down to take tea to that parlour, the prisoner was then in the shop alone—I had taken two cups of tea and put some sugar into a third cup—I use moist sugar-before I poured any tea into the cup, the prisoner called me into the shop, where I found a customer—I am sure I left nothing in the cup but that sugar I had put into it—there was a bottle of stuff which I use to take stains out of mahogany, on the sideboard—I produce the phial—it has a label with the word "poison" pasted on it—it had been there all the time the prisoner was there, and was often used—he has seen it used—I do not know whether he can read—I have pointed it out to him to be careful, that it would burn any thing, even wood, if it was left too long—I saw the contents of the phial on the Saturday, and had it in my hand that evening before this, just at dusk—the liquid then came up even with this first letter on the label, as near as I could see—I was not out of the house that evening, nor the following day—the stuff had not been used that day at all, nor the day before—I went down the yard with the customer, leaving the prisoner in the shop—I was gone about half an hour-nobody could go into the parlour without the person in the shop knowing it—I was in the yard and nobody could come in that way-when I returned, the prisoner was in the shop—he did not tell me of anybody having been there during my absence—I sent him down the yard with the customer for a screw, and I went into the parlour—I looked into my cup and perceived a liquid in it, which I knew I had not put in—I waited a few minutes to consider, and being certain I had put nothing but the sugar in, I filled the tea-cup up with tea, and put the milk into it—I stirred it up—I noticed it looked a dark colour, and the milk curdled—I poured it into the saucer, and took a whole mouthful—it tasted very pernicious indeed—I spat it out directly—I did not swallow any of it—I noticed a sediment round the saucer exactly the same as is hanging round the bottle—I do not think I could have swallowed any of it—I did not keep it long enough in my mouth, it was too nasty—I went into the shop, and asked him what he had been doing to the tea-cup—he said, with an oath, that he had not been into the room since I had gone—I told him I was sure he must have done it, and nobody else—he denied it again in the same way—I called over the constable, who lives over the road, and gave him the cup, with what remained in it, to take to a chemist-while he was gone, I went to look for the bottle, which I found in the same place on the sideboard, but all the contents were gone—the constable returned, and said, in the prisoner's presence, that there was poison in the cup—the prisoner did not say a word—I
carried the bottle to him, showed it to him, and said, "This is the stuff you have been putting into my tea-cup"—he made no reply—I did not give him in charge, but when my son came home about twelve o'clock, he had him got out of bed, and gave him in charge—he was about the place till he went to bed, and might have gone away if inclined.
WILLIAM HUGHES . I am a constable of Ealing. J was called over by Mrs. Kilsbey, and found the prisoner there—I received the tea-cup from her, took it to Mr. Slark, the chemist, and gave it to Mr. Woolferstan—he examined it—I returned with it—Mrs. Kilsbey and the prisoner stood in the parlour together—I told her there was poison in it—the prisoner denied that he had put any in-as soon as I told her it was poison, I asked if she had anybody in the house—she said, "Nobody but this boy," and he denied it—she would not give charge of him then—she gave me the cup, and I have kept it ever since—I produce it—here is a larger bottle, which contains the tea which was in the cup after the chemist had done with it—and she handed me this phial, saying it must have come out of that.
HUMPHREY WOOLFERSTAN . I am in the employ of Mr. Slark, a chemist at Brentford. Hughes brought me the cup—I applied a test to it, and food it contained poisonous acid—I gave it as my opinion to be either sulphuric acid or vitriolic, and I afterwards examined it further, and found it was nitric acid—the cup contained five or six drachms, which is sufficient to cause death if she had drank the contents of the cup—this phial has contained nitric acid without a doubt.
WILLIAM YATES (police-constable T 78.) The prisoner was given into my custody about twelve o'clock the same night—Mr. Kilsbey had come to the station-house to fetch me—I told the prisoner he was given into my charge for attempting to poison his mistress—he said he did not mean the poison for his mistress, he meant it for himself—I cautioned him against saying any thing more, and he did not.
Prisoner's Defence. It was meant for myself, and not for my mistress—that is all I have to say.
GUILTY Aged 17—Recommended to mercy by the Jury .
The prosecutor did not appear.
NOT GUILTY .
1353. JOSHUA HUTCHINSON was indicted for a robbery upon David Rice, together with two persons unknown, on the 4th of November, at Hillingdon, putting him in fear, and taking from his person and against his will, 1 watch, value 30s.; 1 watch chain, value 1s.; one seal, value 1s.; 1 watch-key, value 6d.; 1 hat, value 5s.; 1 handkerchief, value 6d.; and 6s.; his goods and monies: and immediately before and after the robbery, feloniously beating, striking, and using other personal violence.
DAVID RICE . I live at West Drayton, in Middlesex, and am a cord-wainer, but do not follow the business. On the 4th of November I lived at Uxbridge—I was in the George inn-yard going home through the fields, between ten and eleven o'clock at night-as I proceeded along the footpath, three or four men came up, and knocked me down in the fields, not a quarter of a mile from Uxbridge—I received a blow on my nose, which caused it to bleed—I was knocked down, and my eyes blindfolded-a man held his
hand over my eyes and over my month—my arms were stretched out—I lost a silver hunting watch, my hat and handkerchief, and some silver—it was dark—I have since seen my watch in the hands of Birch, the constable—I know it by the maker's name, and an alteration in the case, which I had done myself—I became insensible by the usage I received—I was almost suffocated by the blood flowing from my nose, owing to my month being stopped, and from the blood—I cannot identify any of the parties—I was blindfolded in a moment.
WILLIAM TYLER . I am a licensed victualler and farmer. On the morning of Sunday, the 5th of November, I saw the prisoner Hutchinson, with another young man, in my public-house at Watford—they came there about half-past eight o'clock in the morning—that is about eleven miles from Uxbridge—they went into the tap-room-a person named Thomas Green applied to me for 10s., which I lent him—I went into the tap-room about five minutes afterwards, and saw the prisoner, and another young man sitting in company with him, close to one another—the prisoner was sitting close to Green—I did not see any thing pass between them—the prisoner and his companion had some beef-steaks, and then went away a little before ten o'clock-in consequence of suspicion I entertained, I sent for two constables, bat they came too late to stop them, or I should have had them detained on suspicion of a murder at Hertford.
Cross-examined by. MR. PAYNE. Q. The men for the murder at Hertford have been hanged? A. They had not then, not both of them—I know nothing about any watch-to the best of my knowledge the other man had a fustian frock on—I had seen the prisoner before-a great many persons come to my place in the course of a day-from forty to fifty, and from that to one hundred, more or less—I know the prisoner was there that particular day, because I took particular notice of him on account-of Green borrowing 10s. on a watch—I asked Green to show it to me afterwards—the prisoner had a lapel coat on, and to the best of my knowledge it was a dark green, a pair of striped trowsers, and a black hat—he ate his beef-steaks with his hat on—I had an ample opportunity of seeing his features—I went close to him, and spoke to them several times—he had the steaks between nine and ten o'clock—I heard the prisoner say he had had nothing since one o'clock the day before—I am quite sure he was one of the persons—I never saw him again till I went to Uxbridge, three or four months afterwards—it was on the 5th of November I saw him at my house-when I lend a man money I always put it down in the book—I am certain I am not mistaken in the day.
THOMAS GREEN . I live at Watford, in Hertfordshire. I recollect Sunday morning, the 5th of November—I can fix the date, because the 5th of November was Sunday, and next day I saw the bonfires—I went to the Bell public-house a little after-eight o'clock—there were two young men together—the prisoner called me over to him, and said, "Here, old fellow, will you buy a watch this morning?"—I said, "No, I have no money to buy with; how much do you want for it?"—he said, "I want 15s. for it"—I looked at it, and said I would not give more than 10s. if I had a pocket fall of money—I borrowed 10s. of Tyler, and paid it to the prisoner—this is the watch—(looking at it)—the prisoner took it out of his waistcoat-pocket, and put it on the table—I afterwards delivered it to Birch, the constable.
Cross-examined. Q. Were you always sure about the prisoner? A.
Yes—I was certain of him before the Magistrate—I was put into custody for one night—that was before I gave evidence, not afterwards—I have no doubt about his being the person—I have said that the other was taller than the prisoner, and that there was a person in a fustian frock—that was not the prisoner—I have never said that the person with the person in the fustian frock was another person, and not the prisoner—I had heard somebody call him White—I have never said that it was a man named White, and another man in a fustian coat, taller than the prisoner.
JOHN BIRCH . I am constable of Uxbridge. On Sunday morning, the 5th of November, I was fetched to the prosecutor—he gave an account of the robbery—he was then in bed—I went to Thomas Green, at Watford, on Good Friday, the 13th of April—he told me where he got the watch from, and produced it—I have produced the same watch to-day.
MR. PAYNE to WILLIAM TYLER. Q. Have you got the book here what you made the memorandum? A. No; we always put it on the slate, and then I make my daughter put it into the book as well—I saw the date the day I went over to Uxbridge—I know the prisoner's features.
COURT. Q. How many were concerned in the Hertford murder? A. Four; two were taken, and two escaped; and, from the description, I suspected the prisoner, which makes me certain of him.
MR. PAYNE. Q. Would the memorandum be rubbed out of the slate if it was put into the book? A. Not till it was put in—I looked into the book in April, but Green paid me the money on the Sunday fortnight—I asked him if he knew the two men he bought the watch of—he said he knew the tallest, but not the other—he said he had not seen the shortest above once before, but the tallest he knew perfectly well—I asked him particularly whom he had the watch of—he said the shortest.
COURT. Q. Did he say that at the time? A. He did the next morning, when he came in.
MR. PAYNE. Q. Is this your work? A. Yes—I am not in that line of business—I hammered it out of an old sixpence, and it is fixed in the same as a glass.
MR. PAYNE to JOHN BIRCH. Q. Did Green say any thing to you when the Magistrate was not present, on the subject of the prisoner not being the person? A. No—he hesitated on the first day about knowing him, and the second day, but swore to him on the final examination.
Prisoner. When Green came there on the Tuesday, he was asked how I was dressed, and he said it was a man pock-marked, five or six inches taller than me. Witness. It was the other man he described as some inches taller, and as being marked with the small-pox.
GUILTY Aged 21.— Transported for Life.
1354. GEORGE PEARSON and ANN GODDARD were indicted for a robbery upon William Day, at St. Leonard's, Shoreditch, putting him in fear, and taking from his person, and against his will, 1 half-crown, his money; and feloniously striking and beating him immediately before and at the time of the robbery.
at the City Saw Mills. On the 28th of April, I was passing down the City-road, at a quarter past twelve at night, and met a female, who asked me to go home with her to No. 7, Swan-passage—she is not here—I went up stairs on the first-floor, and agreed to give her 8s.—she demanded 4s.—I did not pay her the 3s., but wanted to turn out of the room at she wanted more than I agreed to pay; but she would not let me, and spoke to a man, who is the prisoner Pearson; and as I went down stairs, he came out of a room on the ground-floor, and struck me a very violent blow on the left eye, made use of a bad expression, and said, "You b-r, wont you pay for the room"—I fell on the stairs—he tore my great coat right open, and held me down on the stairs, and the female prisoner forced her hands into my left-hand waistcoat pocket and took out a half-crown—she had come out of the room on the ground-floor-Pearson did not do anything to me when he held me down—the female prisoner scratched me on the back of my hand, and Pearson tried very much to get my watch from my fob; but I had it in my hand in my trowsers pocket, and held it very tight—I hallooed out very loud for the assistance of the police, and got up-several people in the room said, "Let him go"-Pearson struck me twice on the breast very violently—I called out "Police" very loud, and got away—I went to the station-house, got two officers, and had the prisoners taken into custody—I was not intoxicated—I had had three pints of half-and-half, but I knew what I was about-when I gave them in charge, Pearson pulled 3s. out of his pocket and said, "Here is half a crown that was taken out of your pocket-here is 8s. for it, at I don't want to be locked up."
Cross-examined by. MR. DOANE. Q. Do you mean to my you were not drank? A. Yes I do—I did not complain in the house of having lost a half-crown—I was glad to get out of the house, and I said, "Give me my money back"—I am a married man—I had not paid for the room—on the Sunday evening I saw a young woman—I did not say if I could get the half-crown I had lost and half-a-crown for my trouble I would have nothing more to do with it—I said it was a sad loss to me, I had to attend the office, and had my clothes torn, but I was bound to go to the station-house, and I should hear what the Magistrate said on Monday—I had shown the money in my pocket to the female—I will swear she did not take it, for I had my clothes buttoned up and my hand in my waistcoat pocket—I had been to the Royal Standard and another public-house—I left work about a quarter before six o'clock—I met the female at a quarter after twelve o'clock—I live not a dozen yards from my work—I went home directly I got my money, and remained at home till half-past eight o'clock with my wife—I then went to the public-house to have something to drink—I went to two houses—I will not swear I saw the half-crown in the woman's hand, as I was held down on the stairs on my back-no one held a candle while this was going on-Pearson was holding me while the female had her hand in my pocket, and she afterwards drew from me.
JOHN WELLS (police-constable N 94.) I was on duty in the New North-road. I went with Scott to the house of Pearson—the street-door was open—I found four men in the back room, on the ground floors—I took Pearson into custody—the female prisoner came in afterwards with some beer, and I took her—I saw Pearson offer 3s. to the prosecutor while the other men in the room were talking, but there being a confusion, I could not hear what he said when he offered it to him.
Pearson's house, and heard him say to the prosecutor, "Come here, what do you want, you have lost a half-crown"—he put his hand into his pocket, pulled out 3s. or 4s., and said, "I will give you 3s. for it"—I searched the female prisoner, and found 8s. 6d. on her, but no half-crown—she had been out of the house for beer before I searched her, and Pearson said she was gone out for beer, and would come back presently.
PEARSON*— GUILTY Aged 28.
GODDARD*— GUILTY Aged 29.
Transpoted for Fifteen Years.
1355. ELIZA WRIGHT was indicted for feloniously forging an acquittance and receipt for 2l. 9s. 11d., with intent to defraud John Orchard, on the 29th of March, at St. James, Westminster.-2nd COUNT, uttering the same, with the like intent; to which she pleaded
GUILTY Aged 38.— Transported for Seven Years.
(There were three other indictments against the prisoner.)
1356. JOHN KIDD was indicted for feloniously forging, on the 2nd of May, a certain order, for the payment of 386l. 7s. 9d., with intent to defraud Thomas Bolitho, and others.-2nd COUNT, for uttering the same, with the like intent, knowing it to be forged.
MR. DOANE conducted the Prosecution
EDGAR JOHN MESSENGER . I am London agent and manager to Messrs. Thomas Bolitho, and others, of Penzance, and carry on business in Fenchurch-street. The prisoner was a junior clerk—that firm have an account with Williams and Co., bankers, in Birchin-lane—Mr. Foster assists in my business—it is usual for me to sign blank cheques, and give them to Mr. Foster to fill up as he wants them-about the 2nd of May I wrote my name on four or five blank cheques, and gave them to Mr. Foster, the cashier—they were not filled up—the prisoner had no authority to fill up cheques after they we resigned—Mr. Foster was the only person—the prisoner occasionally wrote cheques, with the amount in them, and brought them to me to be signed, when the cashier was absent—soon after I had given the blank cheques to Mr. Foster, one of them was missing, and then the prisoner staid away from the offices—he absented himself before the cheque was missing—the cashier missed it on Thursday night—it was mentioned to me on Friday morning—I had signed it on Tuesday or Wednesday, the 22nd—I made inquiry, and went down to York, in company with the cashier-when I got there I went to the York Tavern, and found the prisoner had put up there—we found a carpet-bag, and had him taken into custody when he came to the hotel-about 40l. was found in the carpet bag-when the prisoner entered the room I told him I regretted meeting him under sock circumstances, but to make no noise about it, but deliver to me all the money he had on his person—he gave some to the officer, who asked if that was all he had—he said he had some more in his bag—after finding that in his bag, I pressed him, and said, having had possession of 400l. only two days, he must have more about him than 97l. which had been found—he said he had lost it, but afterwards said 200l. was left at his father's house, locked up in a box—he gave me an order to have the contents of that box delivered tome—I went and got the 187l. which was in the box at his father's house—there was 137l. in gold, and a £50 note—this is the order he gave me at the York Hotel—I left him in custody there—(read)-"Please
deliver to Mr. Messenger the box I left with you; it is no use of you to refuse giving the box up, for you must; it contains 200l. or more; and until you give that box up I shall remain in custody of the constable here.-John Kidd." Witness. He had 97l. in his possession at York—he afterwards gave a list of articles which he had purchased.
Cross-examined. Q. How long had he been employed? A. Four years—I recovered the property from information he gave me.
CHRISTOPHER BODINAR FOSTER . I am cashier to Bolitho and Co. About the 2nd of May I received some blank cheques, signed by Messenger—I fill them up as wanted—I put them in my desk, and locked it on the evening of the next day I missed one—I found my desk in the same state as I had left it—it must have been opened by a key—I found a key on the prisoner's desk, which I tried to my desk on the Friday morning, and it opened it easily—I went to York with Messenger.
Cross-examined. Q. The prisoner gave every facility to recover the property? A. I believe he did all in his power.
THOMAS EDWARD WOOTON . I am clerk to Williams and Deacon, bankers, in Birchin-lane (looking at the cheque.) this cheque was presented for payment at our banking-house—I cannot say who by—I gave a £5, £30, a £50, and a £300 note, and the remainder in cash, 1l. 7s. 9d.—the £300 note was No. '5675l. dated '12th January, 1838.'
WILLIAM PARDOE . I am a constable of York. I had the prisoner in my custody—I brought him into the City of London, and he remained in custody in the City—I examined his carpet-bag, and found in it a quantity of severeigns, and on his person ninety sovereigns, two half—sovereigns, some silver, and a pair of pistols—he was taken before the Lord Mayor.
ROBERT CONWORTH FISH . I am clerk in the Teller's Office of the Bank. I have a £300 note, No. 5675, dated 12th January, 1838—we do not issue two notes of the same date, and number, and amount—I gave three hundred sovereigns for this note on the 2nd of May—there is written on it, "Frederick and William Bolitho, Fenchurch-street."
Cross-examined. Q. Do you know any thing of a watch which has been recovered? A. Yes—it was recovered in consequence of his information—he had been with us four years, and I can give him the best of characters till the present transaction—(cheque read.)
GUILTY Aged 18—Strongly recommended to mercy by the Jury and Prosecutor — Confined Two Years .
ELIZABETH PYLE . I am single, and am servant to Mr. Charles Toller, who lives in Bernard-street, Russel-square—I am niece to Henry Burden, of Bradley's-buildings. I recollect my uncle being married on the 4th of July, 1836, to the prisoner, whose name was then Elizabeth Webb, at St. Pancras church—my uncle is now alive—they lived together about nine weeks—he did not leave her—she left him, I believe.
Cross-examined by MR. BODKIN. Q. Were you present at the marriage?
A. Yes; my uncle was very nearly fifty years old—I do not think he was more than that—the prisoner was about twenty-four years old.
WILLIAM GREEN . I live at Watford, and am a blacksmith. I became acquainted with the prisoner three months before Christmas—I knew he by the name of Elizabeth Twitchell—she was living at Hertford-place, is Watford—I went through the ceremony of marriage with her, at Little Stanmore—we were married by banns—she was married in the name of Elizabeth Twitchell—I have the certificate here—I have not examined it with the register, it is what I had the day I was married—I heard the night before we were married, some rumour that she was married, and I asked her three or four times if she was married—she said she was not—she represented herself as single—I did not discover she was married till the policeman took her, four months afterwards—we had lived together is the mean time in Red Lion-yard, Watford.
Cross-examined. Q. She was living at the George, as barmaid, I believe? A. Yes; nothing interrupted our living comfortably, till the policeman came—I had known her six months at the George—I have been told that she was very ill-treated by her first husband, but know nothing of it.
MR. BODKIN called
MRS. WEBB. I am the prisoner's mother. I remember her marriage with a man named Burden—he was a great deal older than her—I was a widow at the time, and in great difficulties to support her, and had other children ill-a few weeks after the marriage she received very ill treatment, was turned out, and had no home—she was taken in again, and ill used—I had my daughter before I was married—my name then was Twitchell—I married nearly six years after her birth-during those six years, she went by the name of Twitchell, and alter that, for eight or nine years, till she came to me from my mother's, when she was seventeen years old; she answered to the name of Webb after she was seventeen; up to that time she was called Twitchell—after she was separated from her husband, she read in the newspaper about a marriage being illegal, in consequence of a person being married in a wrong name.
GUILTY -Aged 35.
1358. ELIZABETH BURDEN, alias Dillon was again. Indicted for stealing, on the 15th of April, 1837, 2 sheets, value 4s.; 2 salt-cellars, value 2s.; 2 ale-glasses, value 1s.; 1 bottle, value 1s.; 3 tumblers, value 2s.; 2 table-cloths, value 6s.; 2 blankets, value 10s.; 2 pictures and frames, value 18d.; 1 ink-stand, value 1s.; and 3 jugs, value 3s.; the goods of Mary Wellings.
MARY WELLINGS . I live in Miller-street, Camden-town, and am a widow. The prisoner took a lodging at my house on the 9th of April, 1837, in the name of Dillon—I let her a furnished parlour-when she left, I missed the blankets and sheets off her bed, also a table-cloth, and other articles.
Cross-examined by. MR. BODKIN. Q. How long did she lodge with you? A. From the 9th to the 21st of April.
Which were pawned on the 17th of April, 1837, for 2s. 3d—I do not know who by, it was a woman.
CHARLES BARNETT . I am a pawnbroker, at Mr. Cassel's Camden-town On the 15th of April, the prisoner pawned a water-bottle and pair of salts; on the 17th of April, a sheet; and on the 20th another sheet, for 5s. 6d. altogether.
Cross-examined. Q. Had you seen her since? A. No, but I had known Her for years.
GUILTY. Aged 35—Recommended to mercy — Confined Fourteen Days.
STEPHEN BROAD . I lice in King-Street, Seven Dials, and am an oilman. I know a person of the name of Stephen Fosdick, of Holborn—he keeps a tavern—on the forenoon of Saturday, the 7th of April, the prisoner came to my shop—I had seen him once before—he said Mr. Fosdick had sent him for a gallon of turpentine-varnish, to varnish his club-room—he turned round, and by the dimensions of my shops, showed me the size of the room—I gave him the varnish in a tin can, and he requested the loan of two brushes—on the Saturday evening I wanted one of the brushes—I went for it, and found it out—on the Monday the prisoner came again, and said Mr. Fosdick had some pictures, and he wanted some more varnish—I gave Him this, believing he came from Mr. Fosdick.
Prisoner. I owe the prosecutor more than 20s.—I had dealt with him a Fortnight previous to this. Witness. No, he had obtained some goods for Mr. Fosdick—he had a very trifling thing, and I sent it down, and he came Almost every day for things for Mr. Fosdick—he had been at work there.
Prisoner. The prosecutor misunderstood me, and booked the things to Mr. Fosdick—I promised to pay him on the Saturday evening, and he Promised me five per cent. For cash. Witness. No, I did not—I said when Mr. Fosdick paid him I would allow him five per cent, for the recommendation—he said Mr. Fosdick sent him to me-at the time he had these Things he had left Mr. Fosdick, and he said Mr. Fosdick wanted them to Do his club-room—I have not grounded this charge on any previous dealing—I willingly lose that.
STEPHEN FOSDICK . I am a licensed victualler in High-Holborn. The Prisoner is a painter and plumber—I employed him in my house, and he Finished his work—I did not send him for a gallon of turpentine-varnish—he was employed by me to use some in the beginning of April, and he used About a gill in what he did for me—he merely varnished a small sign-board—I had no intention of varnishing a club-room—I never told him I had—I did not authorize him to use my name to get any goods—I paid him on The 3rd of April—I did not see him again till he was at Bow-street.
Prisoner's Defence. I had bought two or three things at the prosecutor's And I thought it a likely place to receive credit at—I went there, telling him I was employed by Mr. Fosdick of the Kings's Arms, and if he pleased he would be answerable for me, and he misunderstood me—some articles were sent to me at Mr. Fosdick's on the first occasion—after that I had a variety of small articles of him, and returned the brushes and pots when I had used them-when I got the varnish I told him I had a club-room to do, and I expected to have some varnishing for Mr. Fosdick.
GUILTY. Aged 25.—Recommended to mercy by the Prosecutor .— Confined Nine Days.
Fifth Jury, before Mr. Common Sergeant.
NOT GUILTY .
NOT GUILTY .
NEW COURT.—Tuesday, May. 22nd, 1838.
Fifth Jury, before Mr. Recorder.
MR. CHAMBERS conducted the Prosecution.
BENJAMIN WARD . I am agent to George Augustus Ward and Co, mustard manufacturers, of Pudding-lane. On the 20th of February I saw the prisoner Vincent—he represented himself as Thomas Wittenham, and said he lived at No. 15, Beauchamp-street, Leather-lane—he said he had not long been in the shop, but he had been in that neighbourhood about sir years—he wished to become a customer, and said he would call again next day—he called the next day, and talked on terms of credit—I said our usual credit was two months, with a good reference—he said he did not want two months, but one month, and that I should have money any time, by giving him two days' notice—he ordered some mustard and pickles, to go to Beauchamp-street, to the amount of 40s. or 50s.—in a day or two the prisoner Wittenham came—he represented himself to be a nephew of the other prisoner—he brought a letter and an order—he brought several other orders at different times, and I supplied them to the prisoner Vincent—I occasionally sent them by my boy, and occasionally the prisoner Wittenham took them—I think Wittenham first came on the 23rd of February, and we went on till about the 3rd or 4th of March, when I began to press for money—the account then amounted to 15l. or 16l.—I called at Vincent's repeatedly, and I think the last time I saw anybody there was about the 22nd or 23rd of March, when I saw the woman who represented herself as his wife, and he came into the shop, and promised to pay me on the Saturday, and to bring home some books he had to bind for me—he represented himself as a bookbinder—on the Saturday he did not come—I went on the Tuesday following, when the shop was shut up, and they were all gone—the prisoner Wittenham brought me a number of orders in writing—I mentioned these orders to Vincent, and asked him if the young man was his nephew—he said yes, it was all right.
COURT. Q. Did he give you any reference? A. No; I trusted to this man himself—he told me he would pay me.
JAMES BOLTON . I was errand-boy to Mr. Ward. On the 20th of february I recollect taking two barrels of mustard to Beacham-street—I delivered them to Vincent—he signed the receipt in the book for them—I afterwards took other articles, at different times, from Mr. Ward to the prisoner Vincent, and he signed the book on those occasions in the name of Thomas Wittenham.
JAMBS ALLEY . I am a grocer, and live in the Strand. On the 8th of March Vincent came to my shop—he stated his name was Wittenham, and that he had just taken a shop for the purpose of his wife commencing a
little business in Beauchamp-street, Leather-lane, and that he himself was a bookbinder by trade—he said the trade in this shop was for his wife, and that he was about commencing the next morning—I went to the shop, and from the appearance of it, and his representations, I supplied him with a variety of articles in the grocery and Italian line—the whole amount was 17l.—the first parcel he had was 9l. 4s. 1 1/2 d.; and before I supplied him with that he said his account should be paid regularly every Monday, but I was never paid any thing. I let two Mondays go by in consequence of a representation made by Wittenham, who called on the first Monday, and said his uncle would be very much obliged to me, as he had a large order to execute, if I would let the account stand over till the Thursday—I said yes; but they did not call—the last time I supplied them with goods was on Saturday, the 24th, and on the Tuesday following I went, but the shop was shut, and all things cleared away, and many of the fixtures of the shop were removed—I never was paid any thing at all.
Vincent. Q. You had no reference? A. No, in consequence of the very limited period he required-had it not been for the appearance of the shop I should not have trusted him to any amount—there were a few things there, just as a shop would appear when it was about to be opened.
---- BROWN. I am shop-boy to Mr. Allen. I delivered goods of Mr. Allen's, in Beauchamp-street, on the 9th of March—I saw a female there, who I supposed was Vincent's wife—on the 15th, 17th, 19th, and 23rd, I delivered goods there.
JAMES HENRY GROUT . I was carman to Timothy Edward Dubugh. On Sunday, the 25th of March, I was engaged to have my cart ready by half-past five o'clock on the Monday morning—I went at half-past five o'clock on Monday morning to Beauchamp-street-as I was going along I saw Wittenham—he said, "Are you going to Beauchamp-street?"—I said, "Yes"—he said, "Come along with me," and he took me to No. 15, Beauchamp-street-when we got there, Vincent opened the door, and, began having the things in before I could get out of the cart, and Wittenhams likewise—there was a bed, and mustard-casks, and pickles, and tea-chests, and other things put into the cart—I cannot say whether any thing was left behind, as I did not go into the house-when the things were put in, the two prisoners and a woman followed me—I drove to Slade's-place, down by Goswell-street-all the three prisoners were with me-when I got there the things were taken out of the cart, and taken into a small room in a little house—the woman paid me for the hire of the cart-about a week after, when we went to inquire, I saw the things that I had taken in the grocery line, at a house in Coleman-place, Bunhill-row, and the woman was there—there were the tea-chests and canisters, and the mustard-casks, which I had taken from Beauchamp-street—the chests had something in them, I know, by the weight, but what I cannot say.
Vincent. Q. What size were the casks? A. Small, and there were two or three butter-casks—I did not look whether there was any writing on the mustard-casks.
Vincent's Defence. There were some butter-tubs, but no mustard-casks—my right name is Thomas Wittenham—I had a warrant of attorney over my head for 19l., and I moved on the Monday morning, to avoid that—I got taken up a day or two after, or I should have gone to Mr. Ward's, and also to Mr. Allen's.
VINCENT— GUILTY . Aged 49.
Confined One Month.
WITTENHAM— GUILTY . Aged 26.
NOT GUILTY .
MR. PHILLIPS conducted the Prosecution.
JAMES HARRIOTT . I am first cousin to Margaret Edwards, who was tried here this session—I saw the prisoner at the bar, on the subject of her trial, several times—the first time was on Thursday evening, the 10th of this month, when I called at Mr. Tinslay's office—I saw Mr. Tinslay—I saw the prisoner alone afterwards—I saw him on Saturday, the 12th, and I gave him half-a-crown, in the first instance, to go across the road to the office in the prison, to get certain documents-when he came back, I asked him what the expense for the defence would be, and he told me three guineas—I then gave him a sovereign and a sixpence, which made 1l. 3s. for which he gave me a receipt in Mr. Tinslay's name—on the Wednesday following I met the prisoner again, in the Old Bailey, and we walked together up Fleet-street—I told him I was very sorry I could not raise the money, and he said, "Raise me 1l. by seven o'clock this evening it will do, as I am quite ready for you"—I saw him in the evening, a considerable time before the appointed time, and I gave him a sovereign, and he gave me a receipt—I saw him again on the day of the trial, before the trial, he was coming up the Grand Jury stairs—he asked me where I had been—I said, looking for him, as I was to have met him that morning by appointment, at eleven o'clock, but I could not find him—I was to have met him at the George public-house, at the corner of Fleet-lane, but I met him here two hours at least after eleven o'clock-when I told him I had been looking for him, he said it was all right, the brief was in Mr. Clark son's hands, or words to that effect—I am sure he mentioned the word "brief," and that it was in Mr. Clarkson's hands, and it was all right—I am sure of those expressions.
Cross-examined by MR. PAYNE. Q. On the evening of Wednesday did you go with him into Mr. Clark's office? A. No, I never went there with him—it was about half-past five o'clock on Wednesday when I gave him the 1l.—when I saw him on Thursday, Mr. Tinslay was with him—they were coming up towards the Court, and appeared very much in a hurry, and Mr. Tinslay tripped and fell-three guineas was the sum that was to be paid, and I paid 2l. 3s.—I inquired, by the prisoner's directions, on Wednesday afternoon, directly I parted with him, whether a true bill had been found, and I ascertained that it had not—I am quite sure the prisoner said the brief was in Mr. Clarkson's hands.
WILLIAM CLARKSON, ESQ . I was in Court when Margaret Edwards was given in charge to the Jury—I was sent for out of the other Court, in consequence of her mentioning my name as her counsel-up to that time the prisoner had not said a word to me about retaining me for her defence no brief for her was at that time in my hands—I remember the learned Common Sergeant appealing to my generosity to defend the poor woman, and I defended her, on both the indictments, gratuitously—I remember the prisoner coming behind me when the discussion was going on—I did not hear the witness Harriott say, in the prisoner's presence, that he had given him 1l. 3s.—that had passed before I came in; but I heard the Common Sergeant say to the prisoner, "It appears you have received 1l. 3s.; how is
in the prisoner is not defended?" or words to that effect, but 1l. 3s. was mentioned—I do not remember the words the prisoner made use of, but he made some excuse to the Common Sergeant, and mentioned the name of my learned friend, Mr. Prendergast—I think he said, indeed I am sore he said, that my learned friend was expected every minute—I continued in Court till I had addressed the Jury on the second charge, and while they were deliberating I went out of Court-up to that time nothing was said by the prisoner about his having received more than the 1l. 3s.—he did not, at the time of the trial, give me any brief or instructions—I made the best effort I could from the facts disclosed by the witnesses—the prisoner appeared very much confused from the state in which he found himself; and I think he was unable to furnish any instructions at that time.
Cross-examined. Q. I believe you succeeded in getting Margaret Edwards off on the first indictment? A. The Jury acquitted her on the first, and on the second there was a confession of her own—I have had briefs put into my hand a very short time before the cases have been called on, and frequently when the party has been on trial.
COURT. Q. Were they briefs with your name on? A. I think it highly probable—I do not recollect the fact.
MR. PAYNE. Q. Are you not aware that the lists for the ensuing day are made out so late, from the hour to which the Court sits, that you cannot ascertain, when you leave the Court at night, what case is coming on in the morning? A. Yes—I am not aware, that on Wednesday night, the list was not made out till past ten o'clock—I think in Thursday's list, the name of Sidwell stood first in the paper, and it was postponed—the case of Bellamy was put off—I am not aware of four other cases being put off—the name of Margaret Edwards was tea or twelve down, in the Hat—the prisoner was charged with having received 1l. 3s., and asked how it was that no one appeared for Edwards-nothing was said about a larger sun—the did not deny the fact, but mentioned the name of Mr. Prendergast—I understood, from his observations, that the brief was not intended for me.
Cross-examined. Q. Do you happen to know whether Mr. Prendergast was here? A. I do not.
MR. PAYNE to JAMES HARRIOTT. Q. Did you see Mr. Tinslay after you paid the second pound? A. Not till the Thursday morning—I had seen him between the payment of the 1l. 0s. 6d. and the payment of the pound—I saw him on the Wednesday, and I told him the business I had transacted with his clerk.
MR. PHILLIPS. Q. Did you ever tell Mr. Tinslay you had paid the additional pound? A. Yes, on the Thursday—he and the prisoner were together, when I saw them on the day of the trial, about one o'clock, or a little after—it was after the conviction of Edwards that I got up and stated that I had given the prisoner the 1l. 3s. and the 1l. 0s. 6d.
JOHN TINSLAY . The prisoner was my clerk, and was authorized by me to receive monies in the office on my accounts I remember his mentioning that he had received 23s. from Harriott, for the defence of Margaret Edwards—he told me that, I think, on the Tuesday afternoon before the trial—I did not give him any instructions as to who he was to deliver his. brief to—he told me he had seen Mr. Prendergast—Mr. Clarkson's name
was not mentioned, I think-indeed, I know it was not—he told me he had spoken to Mr. Prendergast, and I saw Mr. Prendergast, and asked him whether he had a brief—that was on the Tuesday before the trial, I think—I never had that 23s. in my possession at all—I never received any other money from the prisoner on behalf of Margaret Edwards—I received 1l. of him on Saturday week—that was long before the trial—he did not speak of what it was on account of at all—I was in a hurry, and it was laid on the office-table—I saw the prisoner again on the Tuesday, and he told me he had received the fee of 1l. 3s.—he did not tell me what the £I was for, and I had not the curiosity to inquire—I bad some other business particular to attend to—I believe that Saturday was the 12th of the month—it was the Saturday before the trial, and the then gave me 1l.
Cross-examined. Q. You were very busy at the time, and you took it as money he had received? A. Yes—I understood it was money he received, and paid over-supposing him to have received 1l. 0s. 6d. on that Saturday, he paid me 1l.—I received nothing since of him-supposing him to have received 1l. on the Wednesday, he did not pay it over to me—he was authorised to conduct cases here in my presence, and in my absence also—he was authorised to expend monies on account of business, if any thing occurred to require him to do so—I am not aware what is charged for a copy of a commitment—I am not aware that the prisoner was in the habit of settling with me three or four or five days after he received monies on my account—I have generally been in the habit of receiving the money the day he received it—in other cases, he has kept it a day or two, and accounted for it—I have known him ten or twelve years—he has been an honest person—he has a wife and two children—I and he were coming into Court when Margaret Edwards's case was called on—I heard from Mr. Prendergast's clerk that the case was called on, and I immediately came across to the Court with the prisoner.
COURT. Q. You say the prisoner was authorised to conduct cases, as well in your absence as in your presence-had he any authority from you supposing he had received money, to engage counsel, and make out the brief, without consulting with you? A. I should have been satisfied with his doing so-supposing he bad, at the request of this person, drawn up a brief, marked the fee, and paid over the fee in my absence, and told me afterwards, I should have been satisfied—I should not have required him, intermediately, to have paid it over to me—the witness, Harriott, told me he had raised enough for counsel's fee, but he did not know whether he should raise the other pound—I was quite aware that he said he would bring another pound, but I told the prisoner as he had paid the counsel's fee, the woman was not to be lost on that account.
EDWARD JAMES JONAS . I am clerk of the papers. I remember being in Court when Margaret Edwards's trial was called on—I saw the prisoner in about five minutes after the trial was called on—he admitted he had received 1l. 3s. for counsel—I sent for Mr. Clarkson in consequence of what the prisoner said—the sum of 1l. 3s. was mentioned several times in the course of the trial in the prisoner's presence—I remember at the close of the trial the witness, Harriott, getting into the witness' box, and stating in the prisoner's presence that he had not only given him the 1l. 3s., but 1l. additional-up to that time the prisoner had not said one word about receiving the second pound—my impression was that he had received only
1l. 3s.—I should think the two trials occupied half an hour-a full half hour intervened between the mention of the 1l. 3s., and the subsequent mention of the pound.
Cross-examined. Q. I believe the prisoner remained in the Court during the whole of those two trials? A. I did not see him at first, but I did afterwards—he was then told by the Common Sergeant he had better not leave the Court—he walked round, and sat down till he was committed-two shillings is charged for a copy of a commitment-nothing else is charged that I know of—I am certain it is not half-a-crown that is charged—I generally receive the money—I cannot say that I did in this.
COURT to JAMES HARRIOTT. Q. When you told Mr. Tinslay that you had paid the 1l. on the Thursday before the trial, was the prisoner present? A. No, my Lord, the prisoner and Mrs. Tinslay were together when I saw them coming up at the time of the trial—I paid the £1 on the afternoon if the day before.
COURT to MR. TINSLAY. Q. Did you mention the circumstance of the £1 to the prisoner before the trial? A. I had no possible opportunity—I knew nothing of the brief, or who was counsel—I came at once to the Court—I must have seen the prisoner two or three times between the Wednesday afternoon and the Thursday morning—the only communication I had with him was as to how the three eases which I had were going on, whether there was any money, and he said in two cases counsel were retained or spoken to—I saw Mr. Prendergast—he had a brief for one, and there was a memorandum of two other cases in possession of the clerk.
MR. PAYNE. Q. Was the case of Margaret Edwards one of the two other cases? A. Yes, it was.
COURT. Q.. Was it the prisoner's duty to communicate to you, that on Wednesday he had received the additional 1l.? A. I take it, it was his duty to have told me that counsel had not been paid—he told me the name was not on the list.
NOT GUILTY .
OLD COURT.—Saturday, May 19th, 1838.
Second Jury, before Mr. Justice Patteson.
1364. ROBERT GALLIMORE was indicted for willful and corrupt perjury in his evidence give before a Committee of the house of Commons, upon a petition relative to the election for the borough of Newcastle-under-Lyne.
MESSRS. KELLY, PHILLIPS, and BODKIN conducted the Prosecution.
TAYIOR. I am clerk to Mr. Murray, the solicitor for the prosecution. I produce an examined copy of a writ of election directed to the Sheriff of Staffordshire, which I got from the Crown-office, Rolls-yard, Chancery-lane—I examined it with the original—I also produce the precept to the Mayor,. which I got from the Crown-office—I examined that with the original—it is a true copy-also the return to the Sheriff, which I got from the same place—I have examined that with the original—it is a true copy.
Cross-examined by MR. CLARKSON. Q. You know nothing about the borough of Newcastle? A. Nothing whatever—I have been clerk to Mr.
Murray, just twelve months—I believe him to be Mr. Miller's usual solicitor—I have been employed to take part in the conducting of this prosecution as Mr. Murray's clerk—I have been to the Carlton Club merely as a messenger, about two or three times—I do not think it exceeds three times—I will swear since this prosecution has been instituted, that I have not been there six times—I will swear I have not been there six time since the prosecution was contemplated—I have not seen Mr. Holmes there—I have once seen him—I think it was during the time I was in attendonce before the Newcastle Committee—I met him in the neighbourhood of the House of Commons-in Palace-yard—he was not one of the Committee—I never had any conversation with Mr. Holmes—I merely accidentally saw him—I have no doubt I have taken letters and documents, and all kinds of writing when I have gone—I have taken letters there to Mr. Murray, in whose service I am—he is not the attorney for the Carlton ClubI never heard that he was a member of that Club—I took the papers to Palace-yard—I have been the bearer of a letter to Mr. Miller at the Carlton Club—I have not been the bearer of papers or documents to anybody else these—I believe Mr. Miller is a member of the Carlton Club—I believe he is a Conservative—I do not know from Mr. Miller himself, that he ever sat for the borough as a Reformer—I have never seen or conversed with anybody on the subject of the election, the return, the committee, or the prosecution-with any of the members of the Carlton Club there, nor any where else—I never saw Mr. Holmes but once—I think that was in the neighbourhood of the House of Commons—I attended at the Committee occasionally—I did not attend on the day the prisoner was examined—I believe he was examined the very first day—I was occasionally in and out of the room at the time Plant and Wall were examined—after the examination of Gallimore, Plant, and Wall, I saw Mr. Miller in London, before the case closed—I saw him in London about the time of the examination of these three persons—I saw him in the Committee-room—I believe Mr. Miller was sever examined—there were intervals when I was not present—I never heard Mr. Austin offer to waive an objection he could have to the-examination of Mr. Miller, for the purpose of driving them to make Mr. Miller a witness—I believe such an offer never was made—I do not believe Mr. Miller ever was examined—I rather think there was some person in Mr. Mason's employ called—I know it was intended some should be examined, and I think there were some in town for the purpose—I really do not know for certainty that any domestic servant was examined—I rather think I partly heard Mr. Austin's address to the Committee in reply—I did not attend at the election for Newcastle—I think Mr. Murray did at the last election, but none of his clerks in his employ in London—I have been in his service just twelve months—he is a general solicitor.
MR. KELLY. Q. Do you know whether Mr. and Mrs. Mason were examined? A. Yes, both were examined—I heard part of their examination-as far as I know, nobody belonging to the Carlton Club, except Mr. Miller, has any thing to do with this prosecution—I never went to the Carlton Club on any matters connected with this prosecution, except to see Mr. Miller, or to deliver something to him—Mr. Miller lives at Bayswater, some distance from town—he does not reside at the Carlton Club—I know be is in the habit of having letters and papers, for convenience, sent there—I have never known Mr. Murray do any business for the Carlton Club whatever-his offices are in London-street, City.
Attended the Committee appointed to inquire into the merits of the petition as clerk of the Committee—I produce the original petition against the return—I remember being in attendance at the Committee on the 2nd of March—I remember the defendant appearing as a witness in support of the petition—I cannot say whether it was on the 2nd of March—I swore him—I produce a transcript of the notes taken before the Committee by Mr. Leathern the short-hand writer—(handing them in.)
MR. CLARKSON. I will admit there is an allegation in the petition charging Mr. Miller with bribery, by himself aid agents, and charging general bribery also.
JAMES GOOCH . I attend from the Journal-office of the House of Commons. I produce the printed Journals of the House-here is an order referring the petition of Mr. Badnall respecting Newcastle-under-Lyne to select Committee on the 1st of March—(reading the order)—the committee were balloted for the tame day—they were Lord Viscount Ebrington Sir Charles Edward Grey; William Pinney, Esq.; Lord William Bentinck; John Ireland Blackburne, Esq.; James Stewart, Esq.; Mark Philips, Esq.; Earl of Hilsborough; Richard Montesquieu Bellew, Esq.; sir Robert Price, Bart; and Lord Viscount Adair.
FLEMING MATTHIAS LEATHEM . I was the short-hand writer appointed to attend the Newcastle Committee by Mr. Gurney, the short-hand writer of the House of Commons. I did so—I took accurate notes of the evidence—I was sworn to do so—I produce the original notes—the transcript of the notes, produced by Mr. Ginger, was written by myself or my clerks—it is a fair transcript of the short-hand notes—I have particularly compared them twice.
(The following is that part of the evidence given by the defendant before the Committee, upon which the perjury was assigned.)
Examined by Mr. Cockburn. Q. Do you know the Cattle hotel at Newcastle? A. Yes. Q. Was Mr. Miller's Committee-room there? A. It was? Q. Do you remember on the night of the 21st of July, between nine and ten o'clock on the Saturday evening, that you went to the Castle? A. Yes. Q. Who was with you? A. Samuel Plant, and Enoch Wall.
Committee Q. What day was that? A. On Saturday evening, the 21st of July, before the polling commenced. Q. Who was with you? A. Samuel Plant, and Enoch Wall.
Mr. Cockburn Q. Was that the nomination day? A. Yes. Q. Did the polling commence on Monday? A. Yes. Q. Did you go up stairs? A. Yes. * * * * * Q. Who spoke out of the window? A. Mr. De Horsey and Mr. Miller. Q. You went to hear them speak from the same window? A. Yes. Q. And they did speak? A. Yes. Q. After Mr. Miller had spoken, did you see him go any where? A. I saw him going into a room. Q. What description of room? A. On the left-hand-aide on the first. flight of stairs. Q. He went out of the room in which he had been speaking, and went into another? A. Yes he did, Q. Was it a sitting-room or a bed-room? A. A bed-room. Q. Did anybody follow him into that room? A. Yes, Mr. William Mason. A. After they had gone in, was the door closed or not? A. It was nearly closed-not latched. Q. Do you mean that it was ajar? A. It was a panel door, with a catch to it. Q. Then you mean
that the catch was not fastened? A. No, it was not fastened. Q. Did either you, or Wall, or Plant make any observation? A. Wall did. Q. In consequence of what Wall said to you did you go any where; did you place yourself any where? A. Yes, we went close to the door. Q. Wall said something to you, no matter what; but in consequence of what he said to you, you and Wall, and Plant went close to the door? A. Yes, Q. Did you hear Mr. Mason say any thing to Mr. Miller? A. I did. Q. What did he say? A. He said that there had been expended, Q. Can you give the precise words of the conversation—was it that there had been 900l. expended, or that there would be 900l. expended? A. He said that 900l. had been expended, as near as I can recollect. Q. Well, go on? A. And then he said he wanted 700l. more to buy seven score burgesses, or else Mr. Miller would lose his election, which was just, 3l. a-piece. Q. Did Mr. Mason, at the time that he said 900l. had been expended, say any thing else? A. I cannot recollect whether he did or not. Q. Perhaps you had better tell the Committee, from beginning to end, in your own way? A. He said he wanted 700l. to buy seven-score burgesses; and Mr. Miller made this reply, "I do not know how it is, Mr. Mason, when I go to a poor man to solicit him for his vote, I get bronbeated in a most shameful manner," which I know he has, for I have he and it myself—I have heard him brow-beaten. Q. What do you mean by bronbeaten? A. When there has been a promise of any thing, it has not come forward, and Mr. Mason has pocketed the affront? Q. Can you tell me what Mr. Miller said? A. He answered, and said, he must not lose him election for the sake of that much money—he said, "I wish I had never coalesced with Mr. De Horsey." Q. After that, what did you do? A. After that, when we heard that—it was not me who rushed into the room first, but Wall; and he saw us, and Mr. Mason put his hand into his pocket and offered us a half-crown to drink his health, and we refused to take it. Q. Who was it that went into the room? A. I believe Wall—I saw them both in. Q. Did Plant go into the room? A. I do not know whether it was Well or Plant. Q. Who was it that offered you the half-crown? A. Mr. Mason. Q. Did he open the door? A. It was open. Q. But so as to admit of his going in? A. Yes. Q. When the door was open, did you see who was in the room? A. Yes, Mr. Miller and Mr. Mason. Q. did you see any one else in the room? A. No.
The Committee. Q. Who did you say offered you the half-crown? As Mr. Mason. Q. Did he offer each of you half-a-crown? A, No, half a crown among us—he put his hand into his pocket, and offered us all three the half-crown, and we refused to take it. Q. You said you did not go into the room? A. When Plant and Wall went into the room and rushed upon them, Mr. Mason and Mr. Miller came out, and in the lobby Mr. Mason offered us a half-crown. Q. Then you had gone into the room? A. I am not certain whether Wall or Plant had—we were all closed to the door. Q. Did the other parties who went into the room come out? A. Yes. Q. And half-a-crown was offered amongst you all three? A. Yes. * * * * * * * *
Cross-examined by Mr. Talbot. Q. I want to know a little about this business at the Castle; you know Mr. Miller? A. Yes, I must know him personally. Q. You know him by sight? A. Yes. Q. There can be no mistake about it, for it may be of consequence? A. I can point him out in this room—he is there—(pointing to a gentleman, Mr. Miller, to he stood behind the learned counsel.) Q. There is no mistake that you saw him at the Castle that night? A. Yes, as I see you, and I saw him. Q.
Did you hear him speak? A. Yes. Q. At the Castle, that night? A. Yes. Q. That was on the Saturday? A. Yes. Q. The Saturday next before the election? A. Before the polling. Q. There is no mistake about that, I suppose? A. I am certain of that. Q. And will swear to it? A. I will—I have sworn to it Q. He spoke from the window, I suppose? A. He did. Q. And heaps of people about? A. Yes. Q. In and but of the house? A. Yes, in and out. Q. Up stain and down stairs? A., Up stairs and down stain. Q. As full as it could hold, or thereabouts; I do not mean so as you could not put another man into it; was it not very full of people? A. It was. Q. What were you doing there? A. I went there. Q. Yes, you went there, but how came you to go? A. I went to their, the same as the other electors do. Q. And you were in and out as the other electors were? A. I do not know that I had any curiosity for going. Q. How came you to go up stain? A. Because he spoke up stairs. Q. I thought you told us that you heard him speaking out of the window? A. I was up stairs in the room. Q. Then there can be no mistake about it, that you were in the room when he spoke, in the very same room, on the Saturday night? A. Yes. Q. It was after he had done speaking that he went into the bed-room? A. Yes. Q. Immediately? A. Soon after. Q. Was the room in which he spoke full of people? A. Yes, it was full of people, certainly. Q. How many, now, can you say? A. I cannot tell; I did not count them. Q. You can give no sort of a guess? A. I cannot say. Q. Were there ten? A. Yes. Q. Were there a hundred? A. Twenty, thirty, or forty. Q. There were forty, then? A. Yes. Q. Of whom you were one? A. Yes. Q. Was Plant there, and Wall? A. Yes. Q. Did these people all see Mr. Miller go out? A. Yes, other people. Q. But they might have done? A. I cannot say. Q. And Mr. Mason was with him? A. He followed him. Q. How came you to go to the door of that room where they were? A. How came I to go there? Q. Yes-you heard the Question? A. We saw them go in, and we went to the door to tee if we could not hear some conversation—it was through what Wall said—he said, "Let us go and hear something," Q. What did Wall say? A. I do not think I can properly tell you what Wall said? Q. However, whatever it was that Wall said, it was in consequence of that you listened? A. Yes, it was. Q. And you say the door was left open? A. It was two inches open. Q. What we call ajar? A. Yes. Q. Have you ever been in that room, that bed-room? A. I have seen into it. Q. Is it a good-sized room? A. It is a small room, not a very large one. Q. Did Mr. Miller and Mr. Mason carry on this conversation in a loud tone of voice? A. They carried it on so as we heard what they said. Q. Was it in such a tone of voice as you and I might be talking in? A. Yes. * * * * * * Q. I will thank you just to tell me again what it was you heard Mr. Miller say? A. I have told it before. Q. You must tell me again? A. What I have stated I hope you are satisfied with. Q. You must tell me again, if you stay there till twelve o'clock tonight; what was it he said? A. I went on the Saturday night to the Globe. Q. what was it you heard pass in that bed-room? A. Mr. Mason said there had been expended, and he wanted 700l. more to buy seven-score burgesses, or else Mr. Miller would lose his election. * * * * * Q. Are you positive that Mr. Miller said that about being brow-beaten, that it was his word, and not yours? A. Yes. Q. you understood what it meant? A. Yes, I have heard of it since. Q. What did you hear him say about it? A. I have told you before. Q. You must repeat it again.
Committee. Q. You must be good enough to tell us again? A. "I do not know how it is, Mr. Mason; when I go to solicit a poor man's vote I get brow-beaten about in a shameful manner which is truth. Q. Were those the words he used? A. Yes.
Mr. Talbot. Q. Brow-beaten about in a most shameful manner? A. Yes. Q. Did Wall hear this? A. Yes. Q. And Plant? A. Yes. Committee. Q. Who said that? A. Mr. Miller. Mr. Talbot. Q. Was it in answer to the Question about the 900l? A. Yes. Q. That was the answer he made? A. Yes. Q. After the conversation was over, I understand you to say one of your fellows rushed in? A. Yes. Q. If you went there to listen, why did you do that. A. If you were talking in a room I should like to know what it was about—the door was half-cocked, as we call it in Staffordshire. Q. If your object was to hear what passed, how came you to rush in, and not hear the conversation? A. Because we thought we had heard enough. Q. Who then went in? A. Either Wall or Plant, I cannot say which. Q. You must tell me? A. I would not tell a lie. Q. You must tell me which of these two persons it was? A. To the best of my knowledge, I think it was Wall. Q. Have you any doubt whether it was Wall? A. I think I have not; but I cannot positively say which, but it was one of them. Q. Did I Wall say any thing when he got into the room? A. He said something but I cannot justly say what. Q. And then Mr. Mason rushed out on the lobby? A. Yes, and offered us half a crown amongst us. * * * * * * * Committee. Q. What sized room was it where the speeches were made at the Castle; was it as large as this room, or was it smaller? A. Nearly about the same. Q. Were there more people in it then than there are in this room now? A. Yes, I should think more. Q. Were then an many persons outside? A. On the stairs, I cannot say. Q. And you stopped to hear the speeches? A. Yes. Q. How soon after Mr. Miller and Mr. Mason left the room was it that you left? A. It might be half an hour or less; it was between nine and ten o'clock when I left. Q. Did you leave the room half an hour after yon saw Mr. Mason and Mr. Miller leave? A. It might be. Q. If you left half an hour after them, how was it you saw them go into that bed-room? A. Mr. Miller left the room as soon as he had made his speech. Q. You told the Committee yon staid probably half an hour more in that room; if so, I want to know how your saw him go into that bed-room? A. I did see him go in. Q. But you could not see him go into the bed-room if he had left? A. I never left the house. Q. Did you stop in the room when you had heard the speeches for any time? if so, for what time after you saw Mr. Miller and Mr. Mason leave that room in which these speeches were made? A. We stopped in the room a little while, but I could not say exactly how long. Q. And if you stepped out of the room you went out upon the staircase? A. We did, on the lobby. Q. And when did you see them go into the bed-room on the left-hand of the lobby? A. It was soon after the speech was made; about half an hour, or thereabouts. * * * * * Q. Can you tell the Committee whether it was a dark or a light passage? A. It was in the evenings between nine and ten o'clock. * * * * * Q. Can you inform us whether you could see these two gentlemen as they were speaking? A. Yes, we saw them at the door; we kept shoving the door a little open, and we saw them both in the room with a candle in the room. Q. At the time these two gentlemen made their speeches, Mr. De Horsey and Mr. Miller, out of the window, what time was
I when they were delivered? A. It was getting dusk? Q. How could you see the parties in that room? Had they a candle in the room? A. Yes. Q. And there was a lamp in the passage? A. Yes. Q. was it by the light of that lamp you saw them go into the room, or was it by the light from the candle? A. It was by the light from the lamp, * * * * * * Q. Were these speeches of Mr. Miller and Mr. De Horsey made before the information? A. On the Saturday night, after the canvass, at night. Q. On the evening of the day of nomination? A. Yes. Q. After the business of the Hall was over? A. Yes.
WILLIAM HENRY MILLER, ESQ . I am Member of Parliament for the Borough of Newcastle, in Staffordshire. I have represented that Borough in tour Parliaments—I was a candidate at the last General Election in July, 1837—Mr. De Horsey and Mr. Badnall were the other candidates.
Mr. De Horsey and myself was of the same political interest, and Mr. Badnall, I believe, was on the opposite interest—the dissolution of ParDiament was on the 17th of July, and I arrived at Newcastle on Tuesday night, the 18th—I proceeded to canvass the electors on Wednesday morning, and continued doing so during that day—I first addressed the electors in a speech on the Wednesday evening alter the canvass, from she Castle hotel, where the friends of Mr. De Horsey sad myself used to assemble—I took up my quarters in the town, at the house of Mr. William Mason—I lived and slept there all the time I was at Newcastle—I have a residence in Scotland, and one in Buckinghamshire, where I generally reside—I slept at Mr. Mason's, on the Wednesday night after I had made my first speech to the electors, and every night while I was in the place—I canvassed again during the Thursday, and again addressed the electors, very shortly I believe, in the evening, from the Castle—on the Friday, I again canvassed during the day, and in the evening went with Mr. De Horsey and several other gentlemen, to the Theatre—I did not address the electors on Friday evening—I went direct from the Theatre to Mr. Mason's house-no speech was made during that day by me—the nomination was on the Saturday, I think, at eight o'clock in the morning—Mr. De Horsey and myself went to the nomination, and when we had been proposed and seconded, we addressed the electors in the Town-hall—I should think it was then a little after nine o'clock, or between nine and ten—the whole business was over early—after that business was over, I again procan remember, about five o'clock, which Mr. De Horsey, and a number of other gentlemen, I should think fifteen or more—we dined in a large back room on the first floor—I left the Castle, I should think, soon after six o'clock, from six to half-past six—it could not possibly because much as half-past six o'clock—I do not think it was so late—it certainly was not so late as seven o'clock—we then went and canvassed a few voters who Q. Now after leaving the Castle hotel between six and seven o'clock, on the Saturday evening of the nomination, did you again return to the Castle at all that night? A. Not at all that night—after leaving the dinner, I continued canvassing the electors little more than an hour, I should think, perhaps an hour and a half—it might be an hour and a half-till about eight o'clock—I cannot distinetly remember what part of the town we canvassed—we passed through several streets, going over rather more ground that the Saturday evening of the nomination,
as it was only to call on persons who were not at home before—on an canvassing ceasing for that evening, I went to Mr. William Mason's, at whose house I was residing-to the best of my knowledge it could not be so late as half-past eight o'clock when I got there—I think it was about eight, or, perhaps, ten minutes after eight o'clock—it was from eight to half-past eight o'clock, certainly not later—I found Mrs. Mason at home, and took tea with her in the drawing-room—I did not go out of Mr. Mason's house again all that night—I went to bed early, between ten and eleven o'clock—soon after ten I should think—I am quite sure, that after arriving there I did not go out at all—I am quite certain that the day of which I am speaking was the Saturday before the election, the day of the nomination, for on that Saturday I dined at the Castle, but on every other day I dined at Mr. Mason's—the polling was on the Monday—it was over much before four o'clock—I was at the head of the poll—the Nos. were for myself 669 or 667-635 for Mr. De Horsey-and 292 for Mrs. Badnall.
Q. You have given this account of what took place during the Saturday, I must now ask you, in point of form, did you address the electors, or make any speech from any room in the Castle on these Saturday evening of the nomination? A. No—I did not—I was not there at all between nine and ten o'clock—I did not on that evening go from any room in the Castle hotel into a bed-room on the left-hand side of some stairs, or any other bed-room—I was not followed into any bed-room, nor was I in any bed-room with Mr. Mason.
Q. Did Mr. Mason say to you that there had been 900l. expended and that he wanted 700l. more to buy seven-score burgesses, or else you would lose your election? A. No, he did not, or any thing of that kind, at any time or place, not that sum or any other sum—I did not say, in answer to that, "I don't know how it is, Mr. Mason, when I go to a poor man to solicit high vote, I get brow-beaten in a most shameful manner"—I never said that, or any thing of the kind—I did not say to him, on any sum of money being mentioned, that I must not lose my election for the sake of that money, nor any thing to that effect-nothing of the kind was ever said by me—I never said I wished I had never coalesced with Mr. De Horsey, nor any thing to that effect—on the contrary, I was perfectly satisfied with the coalition as advantageous to both parties. Q. Now did such an occurrence as this ever take place, that you being with Mr. Mason in a bed-room, or any other room in tae Castle hotel, a person named Wall rushed in on you? A. No-certainly not-nor Gallimore or Plant—they neither of them ever found me and Mr. Mason together any where in the Castle hotel—Mr. Mason did not, in my presence come out of the room into the lobby, and, offer them half a crown, or any other sum of money.
Q. You have heard the alleged statement upon which I put the seven last Questions to you—I ask you, is there one word of truth in any one part of that statement, as far as relates to you? A. As far as relates to me, there is not one word of truth in it—it is wholly false—that, nor any thing of the kind ever took place between me and Mr. Mason, or between me and any other person—it is my firm belief, that at the last election no person was bribed, or illegally treated in any way on my behalf.
Cross-examined by MR. CLARKSON. Q. I think you say you have been a representative of the borough of Newcastle for four Parliaments? A. This
is the fifth—my political principles are Conservative—they have always been Conservative or Tory—I never sat for the borough of Newcastle as a Reformer—I never sat on any other principles than I now do—I have been a Tory all my life—I have been a member of the Carlton Club ever since it was established.
Q. Do you not now know, Mr. Miller, that bribes were given at former elections on your behalf for the borough of Newcastle? A. No; I do not know it—I have never taken the management of any election.
Q. Has not money of yours at the previous elections for the borough: of Newcastle been, to your now knowledge, applied to bribe voters; and have you not sanctioned that conduct by the payment of that money afterwards? A. I do not believe that the payment of money after an election, even if I suspect some part of it has been improperly applied, implies a sanction of that application—I have not known that any money I have paid has been applied to purposes of that kind—I never had any thing to do with the settlement of any account as to what should or should not be paid—it has been entirely in the hands of my agent, who, without consulting me, has paid or not paid what be thought proper—Mr. Murray, in London-street, was my sole agent, I believe, at all the elections—I will swear he was at all except one, and I believe he was at that one also—that I believe was the second contest I stood, in 1831—I do not know whether he was down there, but he acted as my agent, and he is the only party with whom I have transacted business in settlement of the accounts at all the elections—I always considered him my sole agent—I communicated with him confidentially on all the circumstances—he was my only agent, to my knowledge—he was the only person I considered as my agent—my reason for qualifying the answer is, I think I have heard one or two legal gentlemen were employed during the election, and it might have been supposed they were my agents, but I did not so consider them—I will certainly swear I had no agents but professional agents—I believe I have never paid a farthing to any other person than professional agents at any of the elections—I never paid money to, or settled accounts with, Mr. Mason.
Q. Have you authorised Mr. Mason to pay monies on your account? A. I may have authorised him to pay such things as subscriptions to charities in the town, and things of that kind-at the last election, when I left his house, I requested bin to pay my private bill for post-horses at the Castle, which, I believe, was 3l. or 4l., as I was short of money—I had given my purse to some ladies who passed through, and I believe I borrowed two sovereigns of Mr. Mason, for I had not enough to take me on to Stockport—that was the only instructions I gave him to pay money at the last election-to the best of my recollection, I never authorised him to pay money on my account at any election; hut, of course, for small things, like the post-horses, it is impossible my recollection can go through the four elections—they might be such sums as 5l. or 10l.—I believe I have never authorised him to make any payment for me whatever for what can be called election purposes-as I said before, in going over the four preceding elections, there may be something which entirely escapes my recollection; but I certainly, on my oath, have no recollection of ever having Commissioned him to pay any sum of money whatever connected with any election, nor any money for me, except, I believe, subscriptions to charities, and the post-horses at the last election—I would wish to state, in addition, that I think, probably, when I have been at his house before, perhaps he has
saved me the trouble, and paid the post-horses for me when I have come in.
Q. Be so good as to give me the names of your last committee at Newcastle? A. On my word, I cannot give you that, for I do not know—these was a committee pro forma—there were a few gentlemen that were called the committee on the occasion of the coalition between me and Mr. De Hotsey—they were stated to be the committee for both, but I have been told that those gentlemen took no part whatever in the election—I cannot remember their names—I believe Mr. Mason was one, but I am not sure—he sometimes accompanied me on my canvass—he was certainly an active supporter of mine—he is a man of considerable influence in Newcastle—I recollect one or two of my most active supporters objecting to their name being put on the list of the committee, and I do not recollect whether Mr. Mason's name was put on—I rather think it was—I think he was one of the committee—I have some doubt, or I would not express it—I am not Quite certain, but I think he was one of the number—I think Mr. Joseph Bailey was one, and Mr. Leicester—Mr. Hall was the chairman; but, in answering to their names, I do it not so much from my own recollection of any thing about them at the time, bat from having heard the evidence given before the Committee of the House of Commons, and having my memory refreshed by that—it is not from any recollection of my own that I answer the Question of Mr. Bailey and Mr. Leicester being on the committee, but from having heard the proceedings, which satisfies me they were.
Q. Did you attend the committee-room at Newcastle? A. Mr. De Horsey and I were present in a large room at the Castle hotel, with thirty on forty other persons, when it was proposed that various gentlemen should be named as on the committee of the Red and Blue party,-and it Was proposed that Mr. Hall should be chairman—I was present, but I unhesitatingly answer, that there was no business done by that committee, further than a declaration that the coalition should be generally announced in the town, and I never was at any committee meeting at Newcastle from that hour—I never attended a committee afterwards.
Q. Were the persons named on that occasion Mr. Mason, Mr. Bailey, Mr. Hall, Mr. Eardly, and Mr. Hand? A. I have mentioned with regard to Mr. Leicester and Mr. Bailey, I have no certain recollection myself though I have no doubt about it, having ascertained it since-with regard to Mr. Eardly and Mr. Hand I remember still less—the only one I can positively and unhesitatingly swear to, from my own knowledge at the time is, Mr. Hall, who certainly was on the committee—I remember him, as he was named our chairman.
Q. You have given us the number of the voters who polled at the election, did the prisoner vote for you? A. I do not remember—I have been told he did—I believe he did—I have no doubt I canvassed him—I have no particular recollection of every one, among nearly a thousand electors-unless I had seen him vote I could not tell—I believe he voted for me, as I have been told so since—I believe the number of the constituency of Newcastle is nearly a thousand-of that number there are freemen and 10l. householders—I do not know what proportion the freemen bear to the 10l. householders—I should suppose there are eight hundred, probably, on the roll as freemen, but a great number of them are also householders-about six-eighths or eight-tenths of the whole, I should say, at least, are
freeman—Mr. Badnall and Mr. De Horsey were the two who had the majority by the show of hands.
Q. Will you have the kindness to tell me any one voter's house to whom you went after half-past six or seven o'clock on the Saturday night before the election? A. Indeed I cannot tell you the name of one—I left the looking after them always to the gentlemen who were with me—I know the Lower-street—I do not exactly know where I went that night—I went some distance from the Castle, but what streets I went round I cannot tell—I will not undertake to say I was not in the Lower-street, or whether I was in Church-lane, I have canvassed the town so often—I have always had gentlemen with me, and remember very little of the relative situations of the Streets.
Q. Will you swear you were not in Church-lane after half-past eight o'clock, that night? A. I have told you before I am confident I was at Mr. Mason's before half-past eight—I certainly think I may swear I was not in Lower-street and Church-lane after half-past eight, for it is my full conviction I was at Mr. Mason's at a quarter half-past eight at the latest; but if it should be a minute or two later than I suppose, I do not like to swear to a thing of which I am not positive; but it my full belief that I was nowhere but at Mr. Mason's house after half-past eight o'clock—I should certainly say it is impossible that I should have been both in Lower-street and Church-lane, after half-past eight o'clock—I do not remember whether the road from one or the other is to Mr. Mason's, but I do not believe I was out so late—I will not swear to a minute or two, because I did not look at my watch, and had no thought of any subsequent examination on the subject; and my recollection being first called to matters of time and place, for many months afterwards; at the same tinge, as this was the 22nd of july, a month after the longest day, and as we had not candles at first after my goings into Mr. Mason's, I conceive it was not after the time I mention—we sat by daylight, after I arrived at Mr. Mason's-whether that could be on the 22nd of July in that latitude, I cannot say—I think I have answered positivery whether I was in Lower-street or Church-lane after half-past eight o'clock-for take reasons I have stated, and those only, certainly I can swear I was not-from the reasons I have stated to you, but not from any recollection of the circumstances through every hour previously.
Q. You must give me an answer one way or other; will you swear positively, without say qualification, that you were not in Lower-street and Church-lane after half-past eight o'clock? A. I have given tae qualification with regard to the state of the light, supporting the reasons for my recollection—I will swear positively I believe I was not—I shall give you no other answer—I firmly believe I was not.
Q. Now, I ask you on your oath whether you were not in the Royal Express public-house after half-past eight o'clock? A. On my oath I do not know that there is a public-house in Newcastle called the Royal Express—I believe I was not in any public-house after half-past eight o'clock—I have no recollection that I was—I can answer toe question no more positively—I was in various houses that night—I have no knowledge of leaving any public-house after half-past eight o'clock with several other people, and going into Lower-street and Church-lane—I certainly did not leave any public-house after that time to go and canvass—I do not know the direction in which I went canvassing—I nave no recollection of being in any public-house, but I was in some eight or ten houses on that short canvass—I
may have been in a public-house, and I may have been in a public-house approaching that time; but I believe it is very unlikely that I was in any house, except Mr. Mason's, after ten minutes after eight o'clock—I do not know a man named Boot—I have not the least recollection of canvassing a man of that name at a public-house of which he was the tenant—I can give no other answer—I can swear to my full conviction that I did not.
Q. I ask you without Qualification. A. But I will only answer you with a qualification—it is my full conviction, on my oath, that I did not canvass the man you mention, nor any other man so late as half-past eight o'clock—it is my full conviction I am correct as to time, but I know the mistakes which are made as to a few minutes, and I will not on oath say—I did not afterwards accompany any person that night arm-in-arm into the Castle hotel—I do not recollect whether I passed by the Roebuck hotel that night—it is not at all unlikely I might, but I do not remember.
Q. Did you pass by the Roebuck hotel that night after half-past eight o'clock? A. I will answer that with the tame Qualification as I have answered your former questions—I believe I had taken up my quarters of Mr. Mason's at a quarter or at the latest twenty minutes after eight o'clock, but for ten minutes or so I am unwilling to swear positively—I will swear positively I did not pass the Roebuck at nearly nine o'clock that night—I have told you before the means I had of knowing the time—I did not look at my watch, but the general appearance of the afternoon—I had no other means of knowing the time—I might look at my watch, but I have no recollection of doing so—I will swear most positively that, I did not address one word to the crowd that night from the Castle, nor on the day before—it was nearly dark at half-past eight o'clock—I do not distinctly remember, but it was so light that we had not candles when I first went into Mr. Mason's; and as it is darker in-door than out, it was most likely we should have had if it was approaching dark—it was getting darker, of course, at eight o'clock-if this was the 22nd of July, and at the same hour of the afternoon, I could swear more accurately than I do now—I will swear I believe I was not out after the time I have named—I can give no other answer.
Q. Will you swear you were not in company with Mr. Mason in the Castle hotel that night when it was nearly dark? A. That I will most positively—I did not enter the Castle hotel with Mr. Mason and several others after seven o'clock—I quitted it after dinner, and did not enter again—I did not enter it after seven o'clock that night—I did not address the people on the outside from the Castle that night, and state that I was much fatigued, and hoped the burgesses would be at the poll the first thing on Monday morning-nor did I then wish them good night—I did not do so between nine and ten o'clock, and nearer ten than nine o'clock.
Q. Were you canvassing in the High-street that night after eight o'clock, or after half-past eight o'clock? A. I must give you the same answer to that as I gave with respect to the other places—I believe I did not canvass after about ten minutes after eight o'clock, and about that time, and with the same qualification as the similar questions I answer that—I will undertake to say, I was not seen by one, two, three, four, five, or six persons after nine o'clock.
Q. After half-past eight o'clock? A. With the qualification I have given before, I certainly answer that—I firmly believe not—I am not certain whether the expenses of the last election have been fully settled
or not—I pay the expenses ultimately myself—I have paid a sum of money for the last election—I believe I have paid the expenses of the last election—I have not had any account of them communicated to me—I expect to receive them from the same gentleman I mentioned before—we expect he will give some statement of what he has paid; but hearsay is not evidence, or I could give you hearsay—I rather think I have paid the full expenses of the last election.
Q. Now I ask you, what were the whole expenses, including every thing you paid, for the election before this one? A. On my word I cannot recollect—I have paid for four elections, and the accounts have often been settled some little time afterwards, and some of them may have been, in some degree, mixed—it is impossible to say exactly—it would even put me to some trouble, if I went home and calculated the communications I have received on the subject—it is really a difficult question to answer, without I might qualify it, by stating, at least some portion of what I was informed those expenses were for-if I am expected to answer the question as nearly as I can, I wish to state, at former elections there was as I have been informed—(I never sanctioned any thing of the kind,) but I have been informed it was the practice at Newcastle, as it is in most boroughs, I believe, for the friends of the candidates to give liquor to voters in public-houses—that has been done, I apprehend, extensively, and to that way, considerable sums may possibly have been expended—that is, as I have been informed—I do not conceive that any species of treating is legitimate—I have not considered myself responsible for the mode in which the accounts, were settled—my agent has paid what accounts he considered it right to pay, and such, I suppose, as he considered it right to refuse, he has refused—I have only paid in that way—I never made any exact statement of what I paid for the election preceding the last—I think the whole expenses, including legal assistance, and all matters, were something less than 2000l.—that was for the election immediately preceding this—I believe it was not more than 3000l.—I will not undertake to swear it—I will swear it was not 4000l., and I do not believe it was 3000l.—I will swear it was not 3500l.—I should say it was not 2500l.—I believe I have not paid 3500l. for that election—I cannot remember what I paid—I believe it was nothing near it—I will swear I did, not pay 3000l., nor my thing near it—I have several accounts at different times of different sums that were wanted.
MR. KELLY. Q. Were they written accounts, or merely verbal statements? A. I think my agent may have written to me to desire me to remit a sum of money.
COURT. Q. We want to know whether you have had rendered to you any account, detailing to you the items of the expenses of the election? A. On my word, I am not sure whether I have or not; but I will give, one answer to the question, which you will perhaps be surprised to hear; if I have had any account rendered, which I do not remember, I have not read it.
MR. CLARKSON. Q. Was not that because you were perfectly well aware of the practice at Newcastle to pay the voters money? A. It was not—I am not aware, indeed, that it is the practice—I have never scrutinised what the money was paid for—I have given my agent such sums as he said he ought to pay for the election; and at times it has not been paid by myself, for a friend has even done it unknown to me; but I must say
no person ever paid 1s. for any election of mine but myself, ultimately, to my knowledge—I have not had a person to act for me for the purpose of preventing any legal knowledge of the fact of paying voters—I have told you I had an agent-nobody else was authorised by me—I know Mr. Christie—he never paid any sums of money for me, except in the way I have said-when I have not had money at my banker's in London, he has several times advanced sums connected with the election, and other sums I wanted to advance money for-if I had said to him, "Be so good as to pay 500l.," or any sum, to this person or that, he would have done it—Mr. Christie does not live at Newcastle—he is not connected in business with Mr. Mason—he is a hatter—they deal together, but I understand there is no connexion-not like partnership.
Q. Now, I will not fatigue you by going through the three previous elections, but I ask you to tell me what the borough has cost you? A. I have pretty much the same difficulty in answering—I do not know of any practice of paying voters 5l. a head—I never heard of it—I have heard of such a practice; but certainly I disavow, on the part of the borough I represent, that any such corrupt practices existed—I believe it has been the practice, after the election for a member of Parliament, for each of the members, or some of their friends, to give a dinner to the principal voters; and it has been usual for all the candidates, winners or losers, to give, after the election, half a sovereign to every elector, who chooses to accept it, who does not attend the dinner—I do not know that I can tell what the borough has cost me—I can give you my belief with regard to the cost of the last election—I suppose, altogether, the borough has cost me something like 10,000l. or 12,000l.—it has not cost so much as 15,000l.—I will swear that positively—that sum has not been expended on my elections, to my knowledge—I have made no calculation; but when you take a round sum, which I know greatly to exceed the truth, I can swear positively to it; but if you go into detail, it is not possible to answer—I do not believe 14,000l. has been expended-you must give me a quarter of an hour in another room, if I had the accounts, to bring the thing in some degree to my memory—it has not cost me any thing like 15,000l.—I believe it has not cost me 14,000l.—I believe it has not cost me 13,000l., but I will not swear it has not cost me 14,000l.—I paid 400l. for the last election.
Q. Does that include the half-guinea you have spoken of? A. That is more than I know of—I have not been furnished with any account of the last election—Mr. Christie advanced money for me—I paid him 400l. before I went out of town, saying, "If you should be called on for any monies on my account, I give you that in hand;" and I have been informed he paid that exact sum to my agent—I do not expect to have to pay move—I will swear I do not expect to have to pay much more—I do not know of any practice in the borough of paying the voters 5l. a-piece—I have heard of such practices, but not of 5l. in particular.
Q. Now have you not paid your election expenses on the footing of 5l. a-piece, being given to certain electors? A. I have not paid it on any such footing—I have paid the account in the lump, on the credit and responsibility of my agent, without ascertaining whether there was any money paid to voters for votes, or not—I have not examined into the expenses minutely or attentively, and do not know to what purposes they were applied, but I was told the chief sums spent at former elections were for publicans' bills—I was told upwards of £2000.
COURT. Q. The question is, whether you have paid money, understanding it to be applied to the payment of the 5l.? A. Certainly not.
MR. CLARKSON. Q. When you preferred this prosecution, and expected to be examined here, did you not consider it probable you would be asked whether you had participated in any bribing of voters? A. Certainly I did-no money was applied for that purpose to my knowledge—I attended before the Grand Jury to prefer this bill at the last Sessions, I believe—I cannot say that I directed my attorney to apply for a certiorari to remove the case from this Court to a superior Court—I believe he did make such an application, but it was without any instructions from me to that effect—it was made without my knowledge—I heard that it was refused—I was in the Committee-room of the House of Commons, when Mr. Austin addressed the Committee in reply—I could not be examined myself as a witness.
Q. Do you know any thing of the Mr. Baileys, who you are not quite sure were on your committee, taking a bag with above one hundred sovereigns in it to the Slipper public-house? A. I know nothing of it—I heard Mr. Joseph Bailey examined before the Committee of the House of Commons, on the subject-if any such sum has been expended on my account, which is more than I know, I take it, that is the way in which, probably, some part of the 400l. was expended, but I have not the slightest knowledge of it, more than I have been given to understand, at former elections it was the practice-if any such sum has been expended, some part of the 400l. has gone to pay it—I have not ascertained that any money has been paid to the voters—I have assurances from all quarters, that nothing has been spent in bribery, but I have no knowledge of any transaction connected with it—it is all hearsay.
MR. KELLY. Q. I understand you to have told my learned friend, that you placed 400l. in a gentleman's hands for the expenses of this election? A. Yes—that is the whole I have at present paid—I placed that money in Mr. Christie's hands, some little time before the dissolution of the Parliament—I have not in any way authorised any person to apply any money on my behalf in any illegal way whatever.
MR. CLARKSON. Q. Do you know Mr. Holmes? A. Yes—he is a member of the Carlton Club—he is known as the whipper-in of the Conservatives—I have not conversed with him particularly on the subject of this prosecution, any more than I have with a hundred others, that such a prosecution would take place—I have named it to him, or he has named it to me—he has not been in any way active in this prosecution—he has had no more to do with it than any gentleman in this room—he has not interfered in it in the slightest degree, to my knowledge—I have never seen him at my attorney's.
MR. KELLY. Q. Mr. Holmes, I believe, is Member for Berwick? A. Yes; and he, like a thousand of others, is a member of the Carlton Club—I have had no more conversation with Mr. Holmes on the subject of this prosecution than I have with twenty or thirty others—the Carlton Club have nothing whatever to do with this prosecution-no human being promotes, instigates, or pays for it but myself—I cannot say positively whether I am to pay any more than 400l. for this election, but it is quite impossible I can have much more to pay—there may be 100l. or 200l., but I. take on myself to swear, from assurances I have received on all hands, that it cannot have cost much more, if any thing—I think it cannot be more-I
think the money I have paid is sufficient to satisfy every expense that any person has named to me, except, perhaps, the expenses of my own agent.
Q. You have said you have spent a large sum of money on the borough; have you, for the great many years you have represented the borough, been called upon to subscribe to the different charities? A. Yes, to the Sunday-schools, and there is a members' plate at the races, which, I think, in 50l. a year—I am quite certain I never entered the Castle hotel after I left it to go out to canvass, which, I think, must have been soon after six o'clock.
WILLIAM MASON . I am a hat manufacturer, living at Newcastle. I remember the last election—Mr. Miller, one of the candidates, lived at my house during the election—he left my house on the Monday, the day of that election—I remember Saturday, the day before that Monday, the day of the nomination—I dined that day with Mr. Miller at the Castle hotel—we sat down to dinner, as near as I can recollect, about five o'clock—I think we rose not later than half-past six o'clock, or somewhere about that time—Mr. Miller left with me, and I went with him canvassing—I do not know exactly what time we left off canvassing—I think it was about eight o'clock—I was at the Castle inn most of the evening, going in and out, until a late hour—there was a person named Thomas Baddely standing at; the top of the staircase at the Castle inn—there was no speaking from the Castle inn that Saturday night, from Mr. Miller or Mr. De Horsey, that I heard—I did not see Mr. Miller at the Castle inn again that night, after he left the table at half-past six o'clock—I never was in any bed-room in the Castle inn with Mr. Miller during that evening—I did not tell Mr. Miller, in any room, that night, or at any time, that 900l. had already been expended on the election—I did not tell Mr. Miller, in any room of the Cattle, that night, that I wanted 700l. more to buy seven-score of burgesses, not on any night, nor any words to the like effect—Mr. Miller did not say to me, "I don't know how it is, Mr. Mason, when I go to a poor man to solicit him for his vote, I get brow-beaten in a most shameful manner"—Mr. Miller did not tell me he must not lose his election for want of money, or that he was sorry he had ever coalesced with Mr. De Horsey—I saw the defendant, Gallimore, that night at the Castle-Plant and Wall were with him—they were in company together—they did not appear to me to be sober—they wanted to know what would be given at the election—I told them if one shilling would influence the election in the way of buying a vote, we would not do it—I did not on that occasion, nor at any time, offer any of them 2s. 6d. a piece—Mr. Miller slept at my house, as well as lived there—I invited him to come.
Cross-examined by MR. CLARKSON. Q. Are you a burgess of the borough? A. I am, both in the capacity of freeman, and householder—I have known Mr. Miller nine or ten years—my acquaintance with him commenced on his proposing to come forward, and stand for Newcastle—I had no acquaintance with him before—I know Mr. Christie—he is a manufacturer of hats—we are associated in business together—it was through the introduction of Mr. Christie that I became acquainted with Mr. Miller—I saw him, previously to his becoming a candidate, in the Potteries—I believe Mr. Christie was with him then—the expenses of an election at Newcastle vary—I do not know that I can give you any idea of the average expenses without some consideration—I cannot say the total amount
if the expenses—I never learnt from Mr. Miller, what his elections cost him—I have no recollection of it—I will not swear it—I have no recollection of hearing from Mr. Miller that the elections cost him 3000l. each-do not recollect that I have heard from him the amount it cost him in the whole up to last time—I will swear I never heard from him that it cost him my thing like 14, 000l., or any thing of the sort—I was a member of his committee at the last election—there were six or eight members, I believe—Mr. Hall was chairman—I have some doubt whether Mr. Joseph Bailey was one, but I believe he was—Mr. Leicester was one—I cannot say whether Mr. Hand was—I think Mr. Eardly was one—they were appointed during the canvass, the next day after Mr. Miller came in—that would be Wednesday—the coalition took place previous to the committee being formed—I consider it was a point committee—I cannot say there was no committee formed before—we sat up stairs generally at the Castle hotel—they first assembled on the Wednesday—we were all assembled together in the large room—the committee was formed when there were from fifty to a hundred persons present—it was a room, and any person came in who thought proper—the room was not always open to the public—there was a great Quantity canvassing with Mr. Miller, and Mr. De Horsey, and then all assembled in the large room—the committee sat in a room by themselves to arrange the election—there were others there besides the committee—I should say generally the committee were apart from the public—they arranged the election and the canvass principally—I assisted in arranging the election and the canvass, but I assisted a Mr. Hyatt in another place—he was not at the Castle—I had no idea that any one canvassed without the member being with him—there was a book produced with a list of the electors' names, but I never saw that book before the committee—I saw it at Mr. Hyatt's—I never saw it with Mr. Joseph Bailey to toy knowledge—I haw he recollection of seeing it in his hand, but it may have been so—I do not know from Mr. Miller since the election that Mr. Bailey's son had a bag of sovereigns—I have heard nothing of the sort from Mr. Miller, not a word—this is not the first I have heard of it—it was common conversation after the election—I never said a word to Mr. Miller about it—I have paid money on account of the former elections.
Q. To voters? A. I cannot say to voters-do you mean accounts—I have no recollection of paying money to bribe them—I cannot bring it to my recollection.
Q. Have you not done it in twenty instances? A. To my knowledge, I have not—I believe I have not dons it in fifty instances—I have given silver to voters indiscriminately, to electors, but have not given them money, and said, "I give you this to vote for Mr. Miller"—I cannot say that I have given money to voters at previous elections to bribe them to vote for Mr. Miller—I have a recollection of one person—that was eight years ago, at Mr. Miller's first election—I do not know that I bribed him—there was another person with me—we went in company to this voter—I cannot recollect any voter that I bribed to vote for Mr. Miller at any previous election.
Q. Will you swear you have not bribed them at every election but the last? A. Yes, I will—I have not bribed them-others may have done it—there have been five elections—I will swear I have not bribed voters at every election but the last—I have no recollection of having bribed them at three elections—I really cannot say.
Q. On the solemn obligation of your oath, and as you will answer
it to your Maker, have you not bribe