CENTRAL CRIMINAL COURT.
SIR JOHN COWAN, BART., MAYOR.
EIGHTH SESSION, HELD JUNE 18, 1838.
MINUTES OF EVIDENCE,
Taken in Short-hand
BY HENRY BUCKLER.
GEORGE HEBERT, CHEAPSIDE.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Held on Monday, June 18, 1838, and following Days.
Before the Right Honourable Sir JOHN COWAN, Bart., LORD MAYOR of the City of London; Sir Joseph Littledale, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; William Venables, Esq.; Sir John Key, Bart; William Taylor Copeland, Esq.; and Thomas Kelly, Esq.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City; Sir Chapman Marshall, Knt.; Thomas Johnson, Esq.; John Lainson, Esq.; James White, Esq.; Aldermen of the said City; 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. EIGHTH 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, June 18th, 1838.
First Jury, before Mr. Recorder.
NOT GUILTY .
OLD COURT.—Tuesday, June 19th, 1838.
Second Jury, before Mr. Sergeant Arabin.
1408. WILLIAM POWELL was indicted for stealing, on the 21st of May, 1 copper boiler, value 5s., the goods of John Moore, his master; and WILLIAM BURTON , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
JOHN MOORE . I keep the Bald—faced Stag, at Finchley. On the 21st of May, I missed a copper boiler from a shed in the yard at the back of my house—I had seen it safe in the course of that morning—the prisoner Powell was in my employ at the time as a labourer, and had been so for about two months—I suspected him and taxed him with having stolen it—he denied it for some time—I did not say it would be better or worse for him to confess—a man was there who had been at work in the same shed, and he said to Powell, "I will not stand by and allow innocent people to be charged with what they have not done; it is no use, Powell, for you to deny stealing it, you did steal it, and sold it half an hour ago, for half a crown"—Powell then said, "Well, I have stolen it, Sir, and I sold it for half a crown"—I sent for the patrol and gave him into custody—he then described the man to whom he had sold it—I took one of the patrols with me, and went to the prisoner Burton's house at Holloway—I saw Win there, and asked if he had been to Finchley—he said, "Yes"—I asked him if he had been to my house—he said no, he had not—he persisted in saying so for some time, but at last acknowledged that he had been, and said he had bought the copper boiler of a man who had a cast in his eye, for half a crown—I then gave him into custody, and found the copper boiler in his back parlour—it was then damaged and defaced—there were two large holes cut in the side, and the brass cock was broken off it—it was not in that state when I missed it, but I am sure it was mine—this is it—(looking at it)—I am not aware whether the prisoners knew each other—Burton's house is two or three miles from mine.
Cross-examined by MR. CLARKSON. Q. What do you consider it to worth? A. Why, before it was defaced, I should consider it worth nearly 1l.—it was fit for use—it had been used a fortnight before—I have a man named Kilbee in my employ, he is here—it was not in consequence of any information from him that I took any steps in this—I purchased the copper on my taking the house—it was included in the inventory—I cannot tell what price I paid for that particular article—I paid a gross amount.
Cross-examined by MR. CURWOOD. Q. How long have you know Powell? A. Not long, for I had not been long at the house—I took him into my employ shortly after I went there, and he continued with me till he was taken into custody—he conducted himself very well.
THOMAS MORTON . I am a police officer. I was sent for, and apprehended Powell—he said he had sold the copper for half a crown—I asked him where the half—crown was—he put his hand into his pocket, and gave me this half—crown—I then searched him, and found 3l. 4s. 1 1/2 d. upon him.
SAMUEL COLLER. I am one of the police. I went with Mr. Moore to Burton's, and asked whether he had been to Finchley that day—he hsitated, and said no at first, and then said he had been there—I asked him if he had bought a copper"—he denied it at first, and then acknowledged that he had—I asked whether he would produce it—he said yes, and he did this is the same copper.
WILLIAM KILBEE . I am a labourer, at Finchley, and was working for Mr. Moore at the time in question. I found something concealed under some wood on his premises—Powell told me he had planted something there, but I did not know what it was till Burton came by in his cart; when Powell asked him to buy it—it was the copper—Burton took it, and weighed it—I did not see what he gave for it, but Powell told me after wards that it was half—a—crown—the copper was in the barn, and Burton stopped with his cart close to the barn door.
(Powell received a good character.)
POWELL— GUILTY. Aged 40.—Recommended to mercy.
Confined Three Months.
BURTON— NOT GUILTY .
1409. SUSAN OVER was indicted for stealing, on the 8th of June, 1 pocket—book, value 6d.; and 1 handkerchief value 6d.; the goods of Harriet Bagley; and 20 sovereigns, the monies of Warwick Bagley, her master.
WARWICK BAGLEY . I am a market—gardener, and life at West—Dray ton, Middlesex. The prisoner was in my service for about twelve months—I had found the drawer in my bed—room open three times, and supposed I had lost money—I took the money out of that drawer, and put it into another, in the parlour, which was stronger—last Friday week I found that drawer open—the ward of the lock was bent very much, and some part of it was broken—I had left it locked—I could not get the key round, and the drawer came open—I had a quantity of sovereigns in a bag there, but I had not counted them, and cannot say how many were gone—on the Sunday following the 8th of June, the prisoner's sister came, and went with her to church—when they came home from church in the afternoon, her sister asked Mrs. Bagley if she would let her go and see the rail—road—at that time I suspected she had taken the money, for we had searched her box, and found some things belonging to me in it, but no money—I suspected
she had the money about her, and, to detain her, Mrs. Bagley told to get tea ready—in the meantime I sent for a constable, and, at she was coming out of the gate with her sister, to go to the railroad, he stopped her, and brought her back into the kitchen—I told her I wished to search her things, that our drawers had been broken open, and we had found some things belonging to us in her box—the constable said, "She has given her sister something; what is it? let me see"—the sister brought forward a pocket—book—my daughter was there, and she said, "That is mine"—it contained nine sovereigns and eleven half—sovereigns—I asked her how she came by that money—she said she took it out of my drawer—I said, "You did, did you? you have opened my drawer before; how many times did you open it?"—she said, "Three times"—I said, "How much money did you take out?"—she said, "I don't know"—I said, "Do you think you have taken 5l.?"—she said, "I don't know"—I said, More than 1l.?"—she said, "Between 4l. and 5l"—I asked her what she had done with the money—she said she had given one woman 1l., at different times, and another woman, named Parrott, 1l. at different times, and also bought clothes and different things for that woman, and that was the way she got rid of the money.
JOHN LINTLE . I am a constable of Drayton. Mr. Bagley sent for me on the Sunday, and I found the prisoner there—he charged her with having things in her box, and likewise said he had suspicion that she had taken some money out of his drawer, which had been broken open—she put her hand into her pocket, and gave something to her sister—I called the sister back, and asked what the prisoner had given her—she said she did not know—I said, "Let me see"—I took this pocket—book away from her, and found in it nine sovereigns and eleven half-sovereigns—I asked the prisoner how she came"by them—she said she had taken them from her master, out of the parlour drawer, and said she had opened it with a false key four times—I afterwards searched her, and found this purse, containing 8s. 9d., in her pocket—I asked her how she came by that, and she said it belonged to her master, all but two or three halfpence.
MR. BAGLEY re—examined. This pocket—book is my daughter Harriet's, and also this handkerchief, which was found in the prisoner's box—it has my daughter's name on it.
Prisoner's Defence. The washerwoman who came there asked me if I had any money—I said no, and she told me where to get the money, and advised me to get it.
GUILTY . Aged 16.— Transported for Seven Years.
Before Mr. Recorder.
EDWARD ARMSTRONG. I live with James Augustus Whiskard, a pawnbroker, in Bishopsgate—street. He has one partner—on the afternoon of the 15th of June I was at the shop door, and saw a boy about twelve years of age snatch down a waistcoat, and give it to the prisoner, who ran off with it—I pursued him—he dropped it—I followed, and gave him into custody.
Prisoner. It is quite impossible he could see me drop it, for I was
round one turning, and he another. Witness, I did see him drop it, in Bold-court—I saw him receive it from the other boy, and did not lose sight of him at all.
(Property produced and sworn to.)
GUILTY . Aged 18.— Confined Three Months.
THOMAS GOWER . I am coachman to Mr. Ragg, of Walthamstow. On the 26th of May I stopped with my coach near the Green Dragon, in Bishopsgate-street—I left my great-coat on the box, and went away for about three minutes—when I returned I missed it—I found it at Bishopsgate watch-house five or eight minutes after, and saw the prisoner in custody there.
WILLIAM LONG . I am a watchman. On the 26th of May I was on duty very near the Green Dragon, and saw the prisoner come down Great St. Helen's-place with a coat on his shoulder—he dropped it, left it, and walked away a few yards, to see if anybody was pursuing him—seeing there was not, he returned, picked the coat up again, and walked towards me with it—I stopped him, and asked where he was going with it—he said, "To Vine-court, Spitalfields"—I said that was not the way—he made no answer to that—I asked whose it was—he said his uncle's—I asked what he was—he said, a hackney-coachman—I said he must go with me, and see farther into it—he went with me as far as the top of Great St. Helen's, and then took to his heels and ran away—he was stopped by a gentleman, and I took him to the watch-house—the prosecutor came these in a few minutes, and swore to his coat.
Prisoner. I did not drop the coat. I saw a man drop it, and picked it up. Witness. I am sure he put it down, and returned and took it up again—it was not above two minutes' walk from the Green Dragon when I saw him.
(Property produced and sworn to.)
GUILTY . Aged.— Confined Six Months.
1412. JOHN CRABB was indicted for feloniously uttering a forged receipt for the payment of 1s. 2d. with intent to defraud James Drew, on the 1st of June; and four other charges of a similar nature; to all of which he pleaded
GUILTY . Aged.— Confined Two Years.
(The prisoner received a good character.)
LEWIS DURRANT . I am in the employ of Henry Phillips, wholesale ironmonger, in Budge-row, City; the prisoner was his porter for about nine months. On the 30th of May I sent him with some goods to Cotton's Wharf and gave him orders to deliver them at the wharf as usual: he was to pay the dues for wharfage—when he came back he produced this paper to me, by
which it appears that 1s. 4d. was paid for the wharfage—I had given him money to pay it, and he retained 1s. 4d. of my master's money—I was not aware it was forged, and made no remark about it.
Cross—examined by MR. PAYNE. Q. Do you know whether the prisoner took the things to the wharf himself? A. I did not see him go there; but he took them from the warehouse for the purpose of doing so—it is occasionally the practice when porters are busy to employ jobbing porters—the prisoner has a wife and six children—he has been intrusted with very large sums, and we always found him honest.
JAMES DAWSON . I am clerk to Smith and Sons, of Cotton's Wharf. The whole of this paper is my writing, except the figure 4—it has been altered from 1s. 2d. to 1s. 4d.—I received the 1s. 2d.—I have no recollection who from.
NOT GUILTY .
(Upon which no evidence was offered.)
NOT GUILTY .
NEW COURT.—Tuesday, June 19th, 1838.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 32.— Confined Two Years.
GEORGE HEATH . I am owner of the house, No. 121, Bishopsgate—street, and am in partnership with my brother—it is next door to my own residence. On the 25th of May, between seven and eight o'clock, I heard a noise in that house—I went in with two of my workmen—I sent them up stairs while I remained at the door—one of my men went to the one—pair back room, which is the kitchen, and called to me that the door was locked—I went up and told them to burst it open—a voice from inside said, "No, stop a minute, I will open it"—in a little time the door was opened, and the pri—soner was there with a quantity of lead, which had been cut from the sink in that room, and some pipes from the cistern were on the floor—this is the lead—(looking at it)—it corresponded with the parts it was cut from, exactly—the prisoner had no business in that room.
DANIEL PAMPLET . I am an officer. I took the prisoner and the lead now produced—I found in the room a knife and a pair of scissors with which the lead had been cut and prised—I fitted them to the marks on the lead.
Prisoner. My father is coachman to Dr. Birkbeck. I had a few words with my father, and he said I should not sleep in his house—I walked
about and found this door open—I went in and slept, and the next morning I was awoke by some persons knocking at the door—I opened it, and they gave me in charge—I do not know how the lead came there.
MR. HEATH. I had seen the lead safe about a week before.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined One Year.
CHARLES YEATMAN . About a quarter past nine o'clock, on the 7th of June, I was standing in my employer's shop, Mr. John Hancock, in the Poultry—I saw the prisoner enter the shop, and take this silk handker chief from the side counter—he walked out with it—I followed him, and brought him back with it in his hand—it is my master's.
Prisoner. I was in a state of starvation at the time.
GUILTY . Aged 31.— Transported for Seven Years.
1418. WILLIAM GEORGE was indicted for stealing, on the 26th of May, half a bushel of oats and beans mixed together, value 1s. 6d., the goods of John Allen, his master; and WILLIAM BENNETT , for feloniously receiving the same, well knowing it to have been stolen, against the Statute, &c.; to which
GEORGE pleaded GUILTY. Aged.—Recommended to mercy by the Prosecutor who promised to employ him again.— Confined Two Days.
JOHN ALLEN . I am a farmer, living at Ponder's End, opposite the Two Brewers. The prisoner George was my servant—it was his duty to drive my carts to London—on the afternoon of the 25th of May, I saw some mixed oats and beans under my manger—those which are produced are mine.
Cross-examined by Mr. Bodkin. Q. Were you present when some marked beans were put in among the others? A. Yes—I put them in, and the officer saw me do so—he was to watch George—I have not stated that had no belief that they were taken for Bennett—I said I did not knoirwho they were intended for—I did not say any thing about a man named Hunt—I never saw Hunt at all at the stable—the Two Brewers is a house where a good many carters stop.
JOHN GUIVER . I am an officer. In consequence of information I took the prisoner George in the prosecutor's yard—I then went to the Two Brewers, where Bennett lived as ostler—I told him I wanted to go into his corn place—he went with me, and unlocked the door—it is a small place parted from the stable—I saw a corn—bin there with a quantity of oats and split beans, in a peck measure, covered over with white oats—I turned round, and came to Mr. Allen—I then went back, and found these beans and oats in the peck measure—I took Bennett into custody—he said he had just swept them from a manger, that they were left from baiting some horses, and that was all he knew about them—I took him into his master.
house, and produced some of the marked beans in the presence of his master—some of the beans had been marked by Mr. Allen, in my presence, the evening before—I had seen George go into Mr. Allen's stable, where the corn was, and saw him come out with the corn, and go in the direction of the Two Brewers, but I did not see him go to Bennett's stable—when I charged Bennett, he unlocked the stable door with a key immediately.
BENNETT— NOT GUILTY .
CAROLINE GOUOH . I am the wife of James Gough, who keeps the Bell, in Wood-street. A box was left in our kitchen by Andrew Deacon—the prisoner was waiter at our house—I found the shirt produced under the prisoner's bed the day after he left our service—it has Andrew Deacon's mark on it—when I saw the box opened, there was one shirt left in it, but it did not correspond with this one found under the prisoner's bed—the prisoner did not take this shirt away with him.
(The prosecutor being called, did not appear.)
NOT GUILTY .
THOMAS WILLIAM YOUNGHUSBAND . I live in Great Winchester-street. On the 21st of May I was in Newgate-street, between ten and eleven o'clock—I felt something at my pocket—I turned and saw the prisoner—I missed my handkerchief, and accused him with having it—he said he had not—I called the officer, who took him; and as he was crossing the street I saw this handkerchief drop—I took it up—it could not have fallen from any one but the prisoner—it is mine.
Prisoner. I was driven to it by want—I had no work.
GUILTY . Aged 20.— Transported for Ten Years.
1421. JOHN ROWLAND was indicted for stealing, on the 29th of May, 12lbs. weight of leather, value 1l.; 24 yards of webbing, value 1s.; and 4 skins of leather, value 6s.; the goods of Daniel De Pap, his master; to which he pleaded
GUILTY . Aged 55.— Confined Three Months.
HENRY BEASELEY . I am under ostler at the Coach-and-Horses, at Harlington. On Sunday the 15th of April I pulled off my shirt, and laid it on my box—the prisoner was in the room—he was sleeping there—on the Monday morning, about five o'clock, I got up, and the head ostler with me—I left my shirt and the prisoner in the room—I did not come back till five o'clock in the afternoon, the prisoner was then gone, and the shirt, and some other things—a man who sells shoes had been in the room—this is my shirt (looking at one.)
Prisoner. I bought the shirt at Cheltenham on the 16th of April—I was not within 100 miles of Harlington.
HENRY BEASELEY re-examined. It was on a Sunday night I took my shirt off and left it in my room—it is about three months ago—I can not tell the day—when the prisoner came from the Magistrate he said he would send me word where my other things were, that J miglit get then without much expense, but he did not.
GUILTY . Aged 28.— Confined Six Months.
JOSEPH RUSSELL . In January last, I was warehouseman to Mr. Donald ald Maclean; his warehouse is in Basinghall-street. We began taking stock on the 30th of December and finished in January—before we had completed it, the prisoner, who was in my master's service, said to me, then were three coat lengths that he had taken out to sell, which he would return the same night or the money for them, if I would put them down as being in the house—I made the entry as he requested, trusting to his honesty—I frequently afterwards spoke to him about them, and he promised me they should come back in a few days or a week, or so on—they were not brought back—I told him on the 18th of April, that if he did not bring them back, I would tell my father; but J had told my father of it—the prisoner said he would bring them back the same night or the next morning, and if I would be there at a quarter before nine o'clock the next morning, I should see the goods—I was there the next morning—they were not there, and the prisoner was gone—I told Mr. Maclean of it on the 19th—I did not see the prisoner again till he was in custody—it was his business to be at the warehouse at half-past eight o'clock.
Cross-examined by MR. DOANE. Q. Have you been speaking of January, 1837? A. No, of last January—I first communicated this to Mr. Maclean in April—I put these items down, trusting to the prisoner's honesty.
GEORGE DEVEREUX . I am Inspector of the Police at Portsmouth. On the 13th of May, the prisoner came to my house there, and said he wished to give himself up—that he had taken some property of his master, and he was so closely followed up by the officers, that he wished to give himself up—I wrote a letter to the prosecutor, and then brought him to London.
FRANCIS GLASS . Iam agent to Mr. Maclean. On the 19th of April when I got to the warehouse the prisoner was not there—I expected to find him, but he was gone—I took the stock and missed the three short pieces of cloth which have been mentioned—they are called coat lengths and were worth 4l. 3s.
Cross-examined. Q. How long had the prisoner been in your service? A. Perhaps a year or better.
GUILTY . Aged 35.— Confined Two Years.
FRANCIS WAKEFIELD . I live in Old Broad-street, and am a stockbroker. On Tuesday, the 14th of May, in the afternoon, I was passing Finsbury-place—I received information from a boy—I turned, and missed my handkerchief—this is it—(looking at one.)
CHARLES HENRY BAGNELL (police-sergeant F 31.) I was passing along, and saw the prisoner running from Finsbury-square into Wilson-street—I pursued, and saw him drop this handkerchief from his right hand—I took it and took him—I went to the prosecutor, who claimed it.
Prisoner. Q. How many were running besides me? A. I suppose a dozen, but you were the first, and you dropped this handkerchief.
Prisoner's Defence. I did not throw it down—I was running with the mob—I was lost sight of two or three times.
GUILTY .† Aged 20.— Transported for Ten Years.
THOMAS BARNARD FRENCH . I live in Eden-grove, Holloway. On the 7th of June I was on Blackfriars-bridge at half-past eleven o'clock—I received information, and turned and saw the witness Edwards struggling with the prisoner, and my handkerchief was under her feet—this is it—(looking at one)—it was in my pocket a little while before.
ALFRED RENTON EDWARDS . I live in Vauxhall-bridge-road. I was Blackfriars-bridge on this occasion, and saw the prisoner abstract this handkerchief, or one of this pattern, from the prosecutor's pocket—I took and told the prosecutor—I was struggling with her, and swung her round, and this handkerchief was under her feet.
Prisoner. There were several persons before me. Witness. Yes, there were several persons in a bunch—I turned sideways to let them pass, and law her take the handkerchief.
Prisoner's Defence. He did opt see me—I never; had it in my possession.
GUILTY .* Aged 19.— Transported for Ten Years.
OLD COURT.—Wednesday, June 28th, 1838.
Third Jury, before Mr. Sergeant Arabin.
1426. EDMUND JOHN BAILEY was indicted for embezzling and stealing 2 post letters, which he had received by virtue of his employment in the General Post-office, the property of Thomas William Earl of Litchfield; to which he pleaded
GUILTY . Aged 17.— Transported for Life.
as a weekly servant—he sold milk on my account, and should pay me every evening the money he received.
MICHAEL STRICKLAND re-examined. He never paid me either of the sums—on Monday, the 21st, I received information, and spoke to him a the 22nd—I asked him what he did with the 6s. received from Kent yesterday—he said, "I have it in my pocket"—I said, "Why not give it is your mistress yesterday when you gave the account of your milk?"—said, "I do not know"—I said, "Have you the rest of the money in your pocket? what did you do with what you received from Manchester-square? and I gave him into custody—there is other money he has received—I paid him 16s. a week
GUILTY . Aged 25.— Confined Six Months.
WILLIAM WILCOCK . I am a publican, and live at the corner of New Milman-street, near the Foundling Hospital. The prisoner was further months in my service as pot-boy, at 5s. a week, besides his board. On the 24th of April, 1837, I suspected all was not right, and told him I should receive the bills myself—I went out, and when I returned he was gone—he knew I was gone to make inquiry about the bills—I have been looking for him ever since—I found him on the 25th of May.
Cross-examined by MR. DOANE. Q. How long had you been in habit of paying him the bills weekly? A. Seven or eight months—her is another bill of 3s. 8d. which I paid him, with his receipt to it.
MR. DOANE. Q. How often was he to account to you? A. Every morning—my wife acts in my absence—he never accounted to her—she never keeps the books at all—it was usual to allow him to take out beer to any person he could find, and account to me for the money—Idid not afterwards find him living with his mother—I never knew where he was till about three days before he was taken—I then found that he was in the employ of a green-grocer—there was no proposal made to pay me money, which he said he could not get from the customers—the mother came to me but I made no proposition—she said she would pay me difference if she could—that was about a month after he ran away—she never brought me any money—she asked if I would take it—I said I could not. (The prisoner received a good character)
GUILTY . Aged 23.— Confined Six Months. (There was another indictment against the prisoner.)
First Jury, before Mr. Justice Littledale.
1429. RICHARD PEARCE was indicted for unlawfully, maliciously, and feloniously assaulting David Cooper, on the 9th of March, at Hillingdon and stabbing, cutting, and wounding him on his left leg and left thigh, with intent to maim and disable him—2nd COUNT, stating hit intent to be, do him some grievous bodily harm.
MR. CLARKSON conducted the Prosecution.
DAVID COOPER . I am a sergeant of police. On the 9th of March I was tioned at Uxbridge—the new police had been established there not more four or five weeks at that time—I knew the prisoner before that—he was the owner of a stable in the town of Uxbridge—I found him in that stable at a late hour, a few nights before, in a very indecent sitution, and I aroused him—on the 9th of March I saw the prisoner standing close to the Bird-in-hand beer shop—I observed several persons round the door of that house, making a noise, and Latham, who has been convicted was knocking at the door for admittance—I was coming up the middle of the road—there were about twenty persons at the Bird-in-hand—I did not say or do any thing to them—I did not interfere with them at—as I passed, the prisoner Pearce came out from among the men, and said to me, "What business had you in my stable the other morning?" holding his fist up to me; he could have reached me if he had liked—I said to him,"Now, my good fellow, I don't want to have any thing to say to you, you know under what circumstances I was in your stable"—he bad been drinking and was unsteady—we were followed by the prisoner and Latham up to the station-house gate—as they went along they called out, "You——y police b——rs, we will do for you—we will drive you out of the town—we will make this town too hot for you"—when I got to the station-house gate, I attempted to open it—Pearce came in front of me, and put himself in a fighting attitude—I immediately caught hold of him to take him into the station-house—Latham threw himself round Pearce, as I suppose to prevent me taking him—we got them into the yard, and from there into the little room called the charge-room—Fortnum helped me—they, being drunk at the time, both fell down on the floor—I and my wife kept them down on the floor, while Fortnum went to unlock the strong room, which joins the charge-room—during his absence, Latham rose up on one knee, drew a knife from his pocket, and made several stabs at my person—I received one wound inside the left thigh, and another nearly through the calf of the same leg—I called "Oh God! the villain has stabbed me"—
Pearce immediately called out, "That is right, give it to the b r, go it"—
Latham got up on his legs and made another plunge at me—I drew my staff, and struck him at the side of the head; had I not done so, I believe he would have killed me—I stepped back into the yard, followed by Latham—he still kept thrusting at me with the knife—I received seven cuts in my clothes; but only two in my flesh—the station-house gate at this time was burst open by a mob, and the two prisoners rescued from my custody—I then went to my apartments, and could go no further through loss cf blood—a woman named Ann Clements took a very active part at this time—I bled very much indeed—I at length succeeded in getting the mob out of the station-house, and fastened the gate—from that time, till lately, I have not been able to apprehend Pearce.
persons round the Bird-in-hand, making a great noise and disturbance—I heard Latham calling "B—y police," and "Down with the police"—I and Cooper walked towards the station-house, followed by Pearce and a mob—I cannot say whether Latham was with him at that moment—I heard Pearce calling us b——rs, and half starved, and that they would do away with us, and so on—I saw Cooper take hold of Pearce—I did not see what Pearce did to Cooper before he took hold of him—I was getting the gate open—when Cooper caught hold of Pearce, Latham hung on Pearce to try to rescue him—I assisted in getting them both into the station-house as far as the charge-room, and both Pearce and Latham fell down together—Cooper was rather pulled down with them—I went to get the key of the strong room to put them in, and while they were on the ground, Latham rose himself on one knee, and made two thrusts with something which shone, and said "Take that, you b——r"—Cooper said he was wounded—I do not recollect that Pearce said any thing at that time—I went to fetch more policemen—I knocked them up out of their beds, and on returning to the station-house, found Cooper bleeding very much in the passage—there was a great number of persons outside, and stones were thrown, and the windows were broken—the gate had been burst open previously, and there was a great mob outside—both Pearce and Latham were rescued—Latham was taken again the same night, and Pearce got away.
Cross-examined by MR. PAYNE. Q. When they fell down on the floor, was not Pearce on his face, flat on the ground, and Latham on the top of him? A. Not to my recollection—I think Pearce was the undermost of them—after Latham was brought to the station-house I observed that he was bleeding a good deal from the head.
JAMES DARVILL . I am a constable of Uxbridge. On the night of the 9th of March I heard a row at the station-house—I found about a hundred people collected there—after Cooper was wounded I saw Pearce, Latham, and Clements, and several others make an attack upon the station-house gate—I took hold of Pearce, but at that time I did not know that the policeman had been stabbed—I told him he had better go home, if he did not I should put him into the cage—he said, he would not be taken; they had done for one, and would do for all the policemen and constables in Uxbridge before he would be taken.
Cross-examined. Q. Did you take him afterwards? A. No; Murray did—he was outside the station-house gate when this conversation passed—I persuaded him to go home—he was very tipsy.
CHARLES PATTEN . I am a surgeon at Uxbridge. About ten o'clock on the evening of the 9th of March I was called upon to attend Serjeant Cooper at the station-house—I found him bleeding a great deal from a wound in the leg—there was a smaller wound in the leg—one wound was an exceedingly dangerous one—it was a deep punctured wound, and must have been inflicted by a sharp instrument—he was in bed—I passed my finger into the wound—it penetrated to the centre of the calf of the leg—it was about two inches deep—it appeared to have been made in two directions—rather triangular, as if the instrument had gone in in one direction, and come out at another—it was a wound very likely to have been inflicted by a knife such as the one produced.
Cross-examined. Q. Was Latham wounded? A. I dressed a wound in his head.
MR. CLARKSON. Q. Might that have been inflicted with the truncheon of a policeman? A. Yes.
CHARLES JAMES MURRAY . I am a constable of Uibridge. A knife was given to me by Mrs. Groom on the morning after the assault—this is the knife—there was blood upon it when I received it—I took the prisoner into custody last Sunday week at Cullum-green, about two miles out of Uxbridge—I had been searching for him, at different times, from the 9th of March.
Cross-examined. Q. Was he in bed? A. Yes—he appeared to have suffered from an accident—I would not remove him till the doctor satisfied me he was capable of being moved—some earth had fallen upon him at the railway.
SOPHIA GROOM . My husband's name is Edward. On the 9th of March I heard a noise in the neighbourhood—I was in bed at ten o'clock—I got up—I went near the station-house and saw Latham—I was standing very near him—I saw him wipe his head with something, I do not know what—while I was there I trod upon something about half a yard from Latham—I put my hand down and picked up this knife—I did not notice the blood upon it—I gave it to my husband—this is the knife—I gave it to Murray the next morning.
(The prisoner received a good character.)
GUILTY of an Assault. Aged 34.— Confined One Year.
Before Mr., Justice Littledale.
EDWARD WEBSTER WHISTLER . I live in Fenchurch-street, and am in partnership with Samuel Forster. The prisoner was in our employ as errand boy, and left, I think, on the 1st of June, or about that time.
THOMAS LOCK . This piece of paper—(looking at it)—was delivered to me on the 2nd of June, by the prisoner—I gave it to one of the clerks who is not here, to make out the invoice—I have it, it has been on the file ever since.
EDWARD WEBSTER WHISTLER re-examined. This order was not written by my authority—Mr. Berkley, by whom it purports to be signed, was a clerk in our employ—the signature is not his writing—when the prisoner was with us he never was authorised to get goods without a written order—we occasionally gave him orders to get goods—he absented himself from our service as near the 1st of June as I can remember, but I do not recollect the day—he never returned, and was not authorised to get goods for us since—I know Mr. Powell by name only—he succeeded Mr. Tringham—we were in the habit of having goods from Mr. Tringham, and also of Powell—we never authorised the prisoner to get the goods named in the order—I do not know that we ever had such articles from the house—I believe the order to be in the prisoner's writing, but I never saw him write.
CHARLES BERKLEY . I am in the employ of the prosecutor—we are commission agents—the prisoner came into their employ on the 11th of April, and left on the 1st or 2nd of June—the signature to this order is not my writing—the name is the same as mine—the rest of the paper
is not my writing, and I never authorised the prisoner or anybody to write it—it is the prisoner's hand-writing—I have seen him write, but not above two or three times—I believe it to be his hand-writing—it resembles what I have seen—I did not authorise him to get the goods mentioned in it.
THOMAS LOCK . I am shopman to Henry Powell, confectioner. The prisoner brought me this order on Saturday, the 2nd of June—Mr. Powell succeeded Tringham and Sons in business on the 1st of January, this year—I lived there in Tringham's time—when the prisoner delivered me the order he said nothing—I gave him the goods mentioned in it, believing it to be a genuine order, viz. 4lbs. of mixed burnt almonds, and 2lbs. of rose lozenges, worth 15s.—the prisoner gave a receipt for them and took them away—I think I have seen him at our shop once before—I understood the 2 and 4 to mean 2 and 4 lbs. and I delivered him pounds.
(The order being read was for"4 mixed burnt almonds and 2 rose lozenges," without expressing whether they were for pounds.)
Prisoner's Defence. It is not my writing, nor did I deliver the order.
NOT GUILTY .
Second Jury, before Mr. Recorder.
GUILTY . Aged 15.
NOT GUILTY .
NOT GUILTY .
NEW COURT.—Wednesday, June 20th, 1838.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 35.— Confined Three Months.
JOHN FEARNLEY . T live in Lincoln's-inn-fields. About half-past four o'clock in the afternoon of the 18th of May, I was walking with a lady in the archway in Lincoln's-inn-fields—I received information, felt in my pocket, and missed my handkerchief—it was afterwards brought to me—this is it—(looking at it.)
walking with a lady—I saw the prisoner lift up the tail of his coat, take the handkerchief from his pocket, and run away—I followed him—some person stopped him—he threw the handkerchief down at the back of Clare-market—I took it up, and followed the prisoner till he was taken—I am sure he is the man.
GUILTY .—Aged 19.— Confined Six Months.
MR. CLARKSON conducted the Prosecution.
ALFRED BROOKS . In April last I was in the service of William Thomas, and others, boot and shoe makers, in Cheapside—I cannot tell to a month when I went into their service, but I was there about six or seven months—the prisoner was in their service when I went—about two or three months after I had been there, when we were down in the cellar where we worked, he asked me if I was dry, I said, "Yes"—he said no more then, but he gave me a pair of boots at the corner of Cheapside, when we went to dinner, and told me to go and pledge them—he had fetched them down stain, I believe, but I did not see—I pledged them—from that time until the 2nd of April we were in the habit of doing this—he used to fetch them out—on the 2nd of April we went away together at dinner time, one o'clock, and we went to Drury-lane first—I received a pair of boots from him there, and did something with them by his directions—after I had done so I went with him to Farringdon-street, he there gave me these shoes—(looking at a fair of shoes)—and told me to go and pledge them—I said, "No; it is your turn"—he walked right into the pawnbroker's, (Mr. Fleming's,) and came ont without the shoes—he told me he had got 2l. on them; he gave me 6d.—he showed me the duplicate, and then chewed it up.
Cross-examined by MR. PHILLIPS. Q. Whose service had you been in before you went to Mr. Thomas? A. Mr. Arrowsmith's, a copper-plate printer in Soho-square—I was light porter there—I left because there was nothing to do—I have come out of gaol now—I was taken up on this charge.
Q. If you convict this man do you expect to get off yourself? A. I do not know; I should think I should get off—I was dressed just the same as I am now when I went to Farringdon-street—I had a hat—the prisoner was dressed just as he is now—I was porter in the house—I believe there were plenty of boots and shoes in the shop—I have always heard so—I have been in the shop—I was in the shop once with Mr. Thomas's brother—I do not know how often I have been in the shop—it is a good many times—I thought you meant the warehouse; the shop opens at eight o'clock in the morning—the place I was in once with Mr. Thomas's brother is up stairs where the shoes are kept—I have been often there with some of the men—I was never there alone—Mr. Thomas knows that—he is not always there—I cannot tell whether I have been there twenty or thirty times—I have been sometimes in the morning, and sometimes at noon, but not at night—I have been there a few times—I will not swear I have not been there fifty times—I did not deny all knowledge of this till I was before the Magistrate—I expected to be tried.
Q. And, expecting to be tried, you said he was the thief? A. He was—he used to fetch every thing out—I was aware I was doing wrong at the
time—I was not aware I was running myself into danger—I did not think it was thieving at all—I have told him often we should be found out—I used to go and pledge them for him.
Q. Why did you not tell your master when you had pledged two or three pairs? A. I did not know how to get out of it—I thought I was doing wrong the first time—I never did any thing of the kind before in my life—I asked the prisoner whose they were—he called me a bad name, a fool, and told me to go on—I knew whose they were—I do not know why I asked him—I did not know exactly at first whose they were, because my master's mark was not on the first pair—I looked to see if his mark was on, and then asked him whose they were—he called me a b——fool, and told me to go on—he did not tell me whose they were at first—I pawned them after a bit, about five minutes after—I did not like to do it—I did not go and tell my master, as I did not wish to get him into a row—I pawned the first pair against my will—he gave me 3d. for that—I did not care about taking that—I gave the duplicates to him—he gave me a few of them, and I gave them to Sharp who used to work with roe at Mr. Hawes's, in Green-street—he is not a friend of mine—I do not know what I gave him the tickets for—I was afraid of being caught.
MR. CLARKSON. Q. Was Sharp taken up, and those tickets found? A. Yes—Mr. Thomas told me I had better go and clear myself—I was taken up, and stated at once the share I had in it—I never took a pair of shoes out of the house till I had the conversation with the prisoner about being dry—we had a pair of small children's shoes before—I pawned the things at his request, and I received 6d. and 3d.—I told the prisoner we should be found out when Mr. Thomas's traveller was taken up, and he called me a "b——fool"—the ground-floor of the house is a staymaker's-shop, and the boots and shoes are kept up stairs—we worked down in the cellar—I worked at one press and the prisoner at another—he used to cut the stays out with a press, and I used to score them.
WILLIAM GARDENER . I was in the service of Mr. Fleming, a pawn-broker in Farringdon-street. On the 2nd of April I received a pair of shoes in pledge from the prisoner for 2s.—I have the duplicate—he gate the name of John White, No. 9, Union-court—I have not been asked by Mr. Thomas, or any one, to state what was untrue for any sum of money, nor should any thing tempt me to do it.
Cross-examined. Q. Had you ever seen the man who pledged these before? A. I have reason to believe I had, but I will not swear to that—I think I told Mr. Stevens I thought I had seen him before and after, but I would not swear to it—I did not say I had never teen him before or since—I cannot say exactly how the man was dressed—he had not a great coat on—I cannot tell whether he had a white or black cravat—I did not look at the dress—I looked at the face, that is my guide—I have no doubt but what I looked at the dress—I firmly believe he had no great coat on—I dare say there were other persons in the shop—I cannot say whether any shop-boys were in this shop—they are seldom in the shop at that time of day—there were shopmen there, I cannot say how many—I cannot say whether there were two—they had an opportunity of seeing the person.
Q. Have you been paid any thing for coming here? A. No—Mr. Thomas has promised to pay me 5l. for my loss of time since last Wednesday—I am not in any employment now, but I was expecting everyday
to get into a situation winch was promised me—I was in London expecting a situation, but I wanted to go into the country—my time ii of importance to me.
MR. CLARKSON. Q. What is the reason? A. A few days after I left I was appointed to a situation under Government—I have given up that, and my friend is trying to get me a better situation, and a Mr. Vaughan has promised me his situation when it is vacant—I was about to leave London before I saw Mr. Thomas, and I would rather have declined the hi, than have attended here—I would rather have given 1l. than have come.
COURT. Q. What sort of a shop is Mr. Fleming's? A. Very respectable—we make inquiries of people if we have the slightest doubt of them—Mr. Fleming has five houses in the trade.
WILLIAM THOMAS . I am in partnership with two brothers, and carry on the shoe and stay business. This pair of shoes is not finished—they are not in the state in which we send them out—they have our marks on them—to the best of my belief they were not sold.
Cross-examined. Q. Had you missed property? A. Our stock is so extensive it would be impossible to miss it, unless it were tiny thing of a peculiar kind—our stock is some thirty thousand pairs—it is kept in three or four different places—these were at the top of the Cross Keys Inn—the persons who work in the cellar had to go up to that warehouse to fetch the stuff—Brooks had no access there, unless he was sent by the prisoner—if he chose to go up he might—we should have thought it extraordinary if we had known it.
MR. CLARKSON. Q. How long has the prisoner been in your service? A. About seven years—he must have known it was not likely we should miss a pair of shoes.
(George Thomas Vaughan, a stay-cutter at the prosecutor's; Thomas "Wiltshire, in the prosecutor's employ", John Saunderson, ditto; William Wardell, ditto; and George Powell, boot and shoe manufacturer, of Great Saffron-hill; gave the prisoner a good character.)
GUILTY. Aged 38. Recommended to mercy by the Jury,
Transported for Seven Years.
MR. CLARKSON conducted the Prosecution,
THOMAS PALMER SAFFERY . I was in the employ of Mr. Williams, a pawnbroker, in Chapel-street. On the 5th of May I took in pair of women's boots, I believe, of the prisoner, but I will not swear positively—I advanced 1s. 1d. on them.
Cross-examined by MR. PHILLIPS. Q. What time were they pledged? A. I believe in the evening—it was after tea-time—after five o'clock—I will not swear it was not after eight o'clock—I should think it was past eight o'clock—I will not swear to the person, but I believe him to be the man.
WILLIAM THOMAS . These boots are the property of our firm—they are finished—I do not know whether they lace them or not, but they are finished with that exception—they are in such a state as I should have sold them.
NOT GUILTY .
JACOB FOSTER REYNOLDS . About three o'clock on the afternoon of the 17th of March, I was passing from Bucklersbury to King William-street—in consequence of information I followed the prisoner—while I was accosting her and charging her with the theft, which she denied, the officer came up, and took her to the Mansion-house—this handkerchief was found upon her—it is mine, and had been in my possession five minutes before.
Prisoner. Q. Was I not walking from Cheapside towards the Mansion house? A. I did not observe you till I was spoken to—I had never seen you before.
WILLIAM HENRY MANNERS . I was at the Mansion-house—I saw the prisoner with a woman named Diana Pearce—I saw Pearce touch the prisoner, who ran, and I saw her take the handkerchief out of the gentlemau's pocket—I told the gentleman directly after.
Prisoner. I saw the handkerchief on the ground, and took it up. Witness. She did not pick it up.
Prisoner. I did not say I had not got it; I said I picked it up, and I was not near the back of the Mansion-house—I had not seen Diana Pearce for six months before.
GUILTY . Aged 21.— Transported for Ten Years.
WILLIAM LEES . I am footman to Mr. Henry Philip Hughes, of York-street, Portman-square. On the 19th of May the prisoner came with note to Mr. Hughes—I took it up to Mrs. Hughes—I was up about four minutes—Mrs. Hughes found it was a begging letter, and told me the knew nothing of him, and she could not think of relieving him—if she had, she would have relieved him—he came again at nine o'clock with another letter—I went up stairs with that, and as I was going up the stab, I went to ring a bell to call one of my fellow-servants to take it into the drawing-room, and saw the prisoner unhook this cloak from the hall, and go off with it—I followed him—he threw it down an area in York-street—I still followed, and took him.
Prisoner. Q. Did you lose sight of me? A. No—you did not shut the door when you went out—you pulled it to, but did not close it—I only lost sight of you as you went out of the door—I saw you in York-street with the cloak—I did not see you take it—I never stated that I lost sight of you in Spring-street, nor that I did not see you throw the cloak away—you were about five yards from me when you threw it away.
Prisoner. Q. How long before had you been in the area? A. No. since the morning, that I know of—I do not know how long it had been there—I heard a cry of "Stop thief," and about five minutes after, the cloak was found.
HENRY EDGINOTON (police-sergeant D 15.) I was going down York-street, and received the prisoner in charge from Lees—I took him back to the bouse and received the cloak—it was in the house when I got back, which was in about three minutes.
Prisoner. Q. Did not Lees swear that he never lost sight of me? A. No.
Prisoners Defence. I was in great distress—on the morning stated, I went with a note, asking relief from Mrs. Hughes, having waited on the family when in the service of Mr. Gale, a hair dresser—I went again in the evening, but I declare I did not take the cloak—when the policeman took me back to the house, the cloak was brought up stairs from the kitchen in a folded up state, exactly as I have seen coats and cloaks taken up to gentlemen after being brushed, and the officer took and showed it.
COURT to ANN SIBLEY. Q. In what state was the cloak? A. It was open—loose.
GUILTY . Aged 27.— Confined Six Monlhi.
JOHN BRADDICK (police-constable F 113.) On the 23rd of May I was on duty, and from information I received, I went to the top of the house, No. Chancery Lane, and from the window of that house, I saw the prisoner, apparently at work, moving something at the back of the house, No. 3, Crown-court, which is rented by him—he was on the top of the bouse—in opening the window further, it made a sort of noise; he got up, and looked up at me—I knew his face, and placed my brother constable to watch, while I went round to the other end of Whites-alley, to see if I could see any thing farther—we then went up the house, and on the 2nd floor I saw the lead I now produce, on the stairs—a room rented by the prisoner was burst open, and the door hung by the padlock—we heard a noise, and I asked who was there—we entered and could see nothing—I was going away, but returned again to the window which looked to No. 3, Crown-court, Whites-alley, and saw the prisoner come from a back house up stairs—he said, "What do you want here?" I said, "Do you live here?"—he said, "My father does "—I then took him into custody—4 afterwards went on the roof of the house, and found another piece of lead on the roof and a knife—I took a small piece of lead off the large piece and could not fit it.
Cross-examined by MR. PHILLIPS. Q. You do not know what lead wai there before? A. No, this was between 9 and 10 o'clock—the door was broken open when we got there—the prisoner came lip stairs into the room where we were.
COURT. Q. Are you sure he is the man you saw at the top of the house? A. Yes—I could see him very plainly—I was rather over him—the window was open.
JOHN DENNIS (police-constable T 46.) I was called to No. SB, Charncery lane, to see a person on the house—I went in, and Braddick was there looking out of window—he told me to remain there while he went to get assistance to we if he could take him—while I was there I saw the prisoner very busily at work, doing something on the roof, and I saw him take the lead up and throw it into a trap door—he then went in himself—I am sure he is the man
WILLIAM GOLDEN LUMLEY . I am a barrister, and live in Gray's Inn The house in question belongs to my mother—I have seen a portion of this lead, but it will not fit—some had been recently removed, but all the lead taken has not been found—there was a large portion produced before the Magistrate—a small part of that was taken off and brought to fit on the roof, but not all.
Cross-examined. Q. Was it by your advice it was taken? A. Yes—I tried to fit a bit, and it did not—I did not bring it all to try if it would fit—I was satisfied with what I had seen—the prisoner's father was a tenant of my mother's.
NOT GUILTY .
1441. CHARLES ACHILLE MENEAU was indicted for stealing, on the 1st of January, 2760 pairs of gloves, value 300l.; 18 skins of leather, value 1l. 10s.; 1 opera glass, value 12s.; 4 socks, value 16l.; and If of sewing silk, value 3l. 12s.; the goods of Frederick Fousse and another, his masters.
Mr. Payne conducted the Prosecution.
THOMAS ANGELL . I am in the employ of Messrs. Fousse, of Aldermanbury. The prisoner was engaged at their house as a dresser of gloress—in consequence of something I heard on the Friday before the 10th of June, I sent for a policeman who came—(the prisoner resides within two doors of our factory at Battersea)—Mr. Fousse asked the prisoner for him key, and he gave up one key, which I believe was the key of the sitting room—the other key he rather objected to give up—I am not sufficiently acquainted with French to know what he said, but be appeared to object, till Mr. Fousse said he insisted upon it, and he then gave it up—he was taken into custody, and Mr. Fousse and the policeman went away with the two keys—this was about ten o'clock, and we had to appear before the Lord Mayor at twelve o'clock—they returned at that time, and brought with them forty-seven dozen of gloves which I have examined, and the I are the property of my employers—Mr. Fousse and the policeman went away again on the Saturday, but no more property was produced that day in my presence—it was on the Tuesday morning after—I have heard the prisoner speak of going to America.
Cross-examined by MR. CLARKSON Q. When did you hear him say any thing about it? A. Many times—I cannot say any particular day—I will say last month—he said as soon as he had saved 20l. of his wages he would go—I thought well of him—he could not have taken all the property at one time—it must have been taken at a variety of times—we have been robbed every day since he has been there—it is not possible the property in the mattress could be taken at once—we did not miss any portions of property from the warehouse—the principal part of these gloves are in an unfinished state, they require, what we call, dressing—it was in that employment the prisoner was engaged in Aldermanbury—there is pro perty of this description at Aldermanbury—I am able to swear that the whole of these came from there—I have known the prisoner about twelve months—Mr. Fousse engaged him, I believe, out of pure charity—he has told me so—he is a Frenchman, and so is the prisoner—I did not apprise him before he was taken, that I suspected he had I got gloves at his house—he
was never asked whether he had taken gloves from time to time to his house for the purpose of dressing them—I did not see any part of the property found at the prisoner's—the greater part of this property requires to undergo the process of dressing—they are cut at Battersea, sewn at Torrington, and then come to us in Aldermanbury, to be dressed for sale—there were two Englishmen employed as dressers, besides the prisoner—I am not able to identify any of this as property that has been missed—we could not miss any—we manufacture about four hundred dozen a week, and without we take stock, we could not miss any—we have taken stock si nee this, but have not missed these articles—it is impossible to tell what we lose—we cannot tell whether we have lost any.
MR. PAYNE Q. Have you the least doubt that these are yours? A. Not the least; the leather goes through my hands.
EDWARD M'DOWELL (City'policeman.) I was sent for to Aldermanbury, and received the prisoner in charge—I got these two keys from him, and went with Mr. Fousse to No. 9, Steward's-buildings, Battersea, where the prisoner lodged—the keys he gave me opened the doors—we went into a little back sitting-room and there found some gloves—I locked the doors and fastened the windows down, and returned to Aldermanbury—I kept the keys in my possession—I went again on the Saturday evening, and in the bed-room found one hundred and forty dozen pairs of gloves io a straw mattress, under two more wool mattresses—I also found two skins, one pound of silk, seven dozen pairs of gloves, some books, and an opera glass—I brought them away.
Cross-examined. Q. When you went on the previous day, did you find property about in different parts of the room? A. Yes—I found forty-seven dozen in the back room all open—I went into the bed-room on the Friday, but did not find these things then.
FREDERICK FOUSSE . I live in Aldermanbury, and am In partnership with my father. The prisoner was in our service—I was present with M'Dowell when this property was found on the Saturday—I know it to beours—the prisoner had no right to have them there.
Cross-examined. Q. How did you engage the prisoner? A. A year ago he was to put out our gloves, and put them in dozens—I am not a partner with Mr. Angell—he has an interest in the house, and has a percentage on the profits of the concern—if we lose property Mr. Angell would lose his share in the percentage—he has one per cent, on what he sells—the name of Fousse and Co. is over the door—Mr. Angell and myself make out the bills of parcels—anybody in the house gives receipts—it is the warehouse of my father and myself.
Q. Supposing this man had taken borne a lot of gloves to dress, and brought them back, you would not have charged him with any offence? A. That I do not know—I should have asked him what right he had to do so—he had no occasion to take them home—he had 30s. a week.
MR. CLARKSON to THOMAS ANGELL. Q. Did you have any conversation with the prisoner about an opera glass? A. I do not speak French and could not—my son speaks French, and be acted as interpreter between the prisoner and me—I transact the business of Mr. Fousse, and have one per cent, on the business—I do not pay them for any losses—I did not pay the prisoner his salary—it went through my hands—I pay the whole of the men every Saturday night with Mr. Fousse's money.
GUILTY . Aged 36.— Transported for Seven Years.
WILLIAM FROST LONG . I am a shopman at No. 123, High Holborn. On the 7th of June, about half-past eleven o'clock, I was in St. Paul's churchyard—I felt my handkerchief drawn from my pocket—I turned and saw the prisoner—I followed him to Old-change, and charged him with having it—he said, "What do you mean?"—I said if he did not give it me I would give him into custody—he then gave it to me, and I gave him in charge.
Prisoner. I saw the handkerchief lying there, picked it up, and put it into my pocket. Witness. I felt it taken from my pocket, and then I saw him walking along, and followed him.
Prisoner. It belongs to my uncle.
GUILTY . Aged 18.— Confined Six Months.
JAMES BEDFORD . I am servant to Mr. Gray. I was at Mr. Cooper's house on the 21st of May, and saw the prisoner go into the garden—soon after, two spoons were missing—my mistress, who was on a visit at Mr. Cooper's, gave me information—I went after the prisoner, and overtook her near the Load of Hay—I brought her back—my mistress said, "You have got two spoons," and she gave them up—these are them.
GUILTY. Aged 70.—Recommended to mercy. — Confined One Month.
1444. WILLIAM DAVIS and JOHN SHORT were indicted for stealing, on the 24th of April, 7 pairs of half-boots, value 2l. 14s., the goods of John Andrew Cotton; and that they had both been before convicted of felony.
JOHN ANDREW COTTON . I am a boot-maker, and live in Hackney-road. On Tuesday afternoon, the 24th of April, in consequence of information, I examined my shelves, and missed seven pairs of Blucher boots—I had seen the prisoners about my shop that evening—I gave information, but the boots have not been found—I have lost about 10l. worth.
BRIDGET HART . I keep a fruit-stall opposite the prosecutor's shop. On the 24th of April I saw the prisoners pass his shop two or three times—the third time, Davis went in and brought some Blucher boots out, and they both walked away together with them.
Davis. Q. How long was I in the shop? A. Not half a minute—I did not say at the office that I saw you pass four or five times after the robbery—I saw you go past after, when I gave information.
Davis's Defence. I was walking along Hackney-road—the policeman came and said he wanted me, on a charge of stealing some Blucher boots—I said I knew nothing about them—he took me to the prosecutor's shop, and asked if I and the other prisoner were the persons who had robbed him—he said he did not know; but from the woman's description he thought we were—the woman was fetched in, and stated that we were the persons—the woman said she saw us on the 24th, and that I went in and took some boots, and that since the robbery she saw us pass four or five times, but had not an opportunity of giving us into custody—she said that she went in, and gave the prosecutor information, and he ran out without bis hat, and he said he was not at home—to that you see their evidence does not agree.
DAVIS— GUILTY . Aged 19.
SHORT— GUILTY . Aged 20.
Transported for fourteen years.
GEORGE TEAKLE (police-sergeant H 8.) At a quarter to ten o'clock at night, of the 18th of May, I was passing Crispin-street, Spitalfields, and saw the prisoner with a barrel on his shoulders—I asked him where he brought it from—he said, "From Downs' Wharf,"—I said, "Where art you going with it?"—he did not say more than "Downs' Wharf."
Q. Look at your deposition, and see if you did not say more before the Magistrate? A. Yes, he said, "From my master's at Downs' Wharf"—I asked him where he was going, he said, "To have it repaired in Goswell-street"—I asked if his master was in the habit of sending out barrels at that time of night to repair—he said "Oh, yes"—I said "Will you show me what part wants repairing?"—he said, "No, I know nothing of that"—I took him to the station, and then I saw the mark on it—I said, "You took this from a dray"—he said, "The long and short of it is, I picked it up on Tower-hill."
Prisoner. I told him I found it on Tower-hill at first, and I should have taken it home if he had not stopped me.
Prisoner. I work there occasionally—the Magistrate asked if that barrel was placed on a dray whether it would be likely to roll off, and the officer said such had been the case before.
NOT GUILTY .
JULIA MARIA SWAIN . I live with Mr. John Hutton, in Henrietta-street, Manchester-square, and am housekeeper there. We missed some sheets in October last—these are his—(looking at them)—they are my making and marking—I believe the pillow is ours—the prisoner was our charwoman for some months.
Prisoner. You did not take them in. Witness. No, but I wrote the ticket, and saw you pawn them.
Prisoner's Defence. These are my own property—this was said to have been done as long as last October, three months before I was discharged, and before that time I never heard that any such things were missing—now if I had taken the sheets, would she not have seen a great difference in my size in going out?—a pillow was sworn to at the police-office, but I do assure you that the pillows and sheets were mine—about 10 days after Christmas I was accused about a pewter ladle, I said I knew nothing of it—I never brought a single thing out of their house.
JURY to J. M. SWAINE. Q. Has the prisoner returned any sheets of her own for these? A. No, she washed in our house—she took none out to wash—I have the sheets to correspond with these—I made and marked these—I can swear they are my master's.
COURT. Q. Have you had any quarrel with the prisoner? A. Not the least—we missed 4 sheets in December, and she was dismissed about that time—the ladle was found after we missed it—I had the highest opinion of her.
GUILTY. Aged 44.—Recommended to mercy by the Jury. Confined Three Months.
Fifth Jury, before Mr. Sergeant Arabin.
THOMAS FINLEY . I have retired from business, and am building some houses for myself—I reside at Cam bridge-terrace, Paddington—William Evans was at work there, digging the ground for the foundations—he left his shovel there at dinner time on the 30th of May—I saw the prisoner go where the shovel was—he came out without it and looked about several minutes—then he reached his hand in and took the shovel and went off with it—I followed and took him into custody—this is the shovel.
GUILTY . Aged 46.— Confined Two Months.
CATHERINE CAGNEY . I am the wife of Edward Cagney, and live in Cato-street, Mary-le-bone. The prisoner lodged in the same house—she is a milkwoman—about three or four weeks ago I missed a shawl from a box
in my room—I suspected the prisoner and had her taken—this shawl and handkerchief are mine—(looking at them.)
(The prisoner received a good character.)
GUILTY . Aged 20.— Confined Three Months.
1449. RICHARD BAILEY was indicted for stealing, on the 22nd of May, 4 feet 6 inches of leaden pipe, value 1s. 6d.; and 1 metal cock, value 2s.; the goods of Joseph Faulder; being fixed to a building; against the Statute, &c.; and 1 copper, value 12s.; his goods.
JAMES HILSDON (police-constable S 42.) On the 22nd of May I met the prisoner, between twelve and one o'clock at night, coming along Mornington-crescent, which is about half a mile from the prosecutor's, with this copper on his head—I asked where he was going—he said, "To Mr. Fogg, of Compton-street"—I asked if he worked for Mr. Fogg—he said, "Yes," and he had been to fetch it from Mr. Fogg's brother, at Hanrpstead-heath—I asked what for—he said, "To new-bottom it"—I took him, and found on him these five pieces of leaden pipe, and a brass cock, which I here produce—I found the owners in the morning—I saw the place the copper and pipe was taken from—the copper fitted exactly—I have no doubt it was taken from there.
RICHARD BOND . I am agent to Mr. Joseph Faulder. The house No. 18, Grove-street, Camden Town, is an empty house, which I have the care of for him—I had seen it all safe on the Saturday before the Wednesday, when the policeman called my attention to it—I described the copper as soon as he saw me—the pipe was fixed—the prisoner must have got in at the back door, which was forced open—the copper was put up in the second pair front room, for safety.
Prisoner's Defence. I was coming down Arlington-street, and saw the copper and leaden, pipe lying—I went to take it up to take home, and the officer took me.
GUILTY .* Aged 17.— Transported for Seven Years.
JOSEPH MATTHEW AYLAND . I am in the service of Henry Caslon and another—he is a letter-founder. The prisoner was his journeyman—on the 19th of May I saw him take the type metal from where he worked, put it into his pockets, and go down stairs—I suspected him—I saw him put some in front of him on his bench, then take it off, wrap it up in a piece of paper, and put it into his pocket—he went down some time after, but, seeing me follow him, he came up again, and staid there a few minutes—he then went down stairs again, and went out of the house—I followed, and kept close up to him, till we got to the corner of Whitecross-street, which was not far—I then gave him into custody, and the officer found the property upon him in my presence—this is it.
JAMBS H AYLAND. I am father of last witness, and am journeyman to the prosecutor. I saw the prisoner put the metal into his pockets, and
some time after he left the shop—I saw him brought back by the policeman, and the metal was taken from him—he had no right to it.
GEORGE DEWER (police-constable G 151.) The prisoner was given into my custody—I took him back—he did not say any thing—I found this metal in his trowsers pockets—one in each pocket—the two weigh eleven pounds.
GUILTY . Aged 20.— Confined Six Months.
MARY NORTH . I keep a cheesemonger's shop, in Princess-street, Leicester-square. On Monday, the 28th of May, between ten and eleven o'clock, I saw the two prisoners at my shop—they came up to the window, and James took the cheese from the window—he reached over, and took it—he did not come in—the other was close to him—they went off with it—I did not see James give it to the other—they ran away—I gave the alarm—I did not pursue them—Geddes was taken—the other got away—the cheese was brought back, with Geddes—I knew them perfectly well previous to this—James was taken on the Thursday following.
THEOPHILUS MURCOTT . Miss North gave me an alarm—I pursued the boys, and James gave the cheese to Geddes—I pursued, and Geddes threw it down—then James took it up, and threw it down again—I then took Geddes and the cheese back to the shop.
James's Defence. I was taken, but I knew nothing about it.
GEDDES— GUILTY .* Aged 14.— Confined Six Months.
JAMES— GUILTY . Aged 16.— Confined Three Months.
1452. CHARLES OSBORNE and MARY OSBORNE were indicted for stealing, on the 10th of February, 10 sheets, value 3l.; 2 table-cloths, value 10s.; 1 pillow-case, value 1s. 6d.; 1 wine-glass, value 6d.; and 1 flat iron, value 3d.; the goods of Joseph Ashbee.
JAMES ASHBEE . I am a corn-dealer in the Commercial-road. The boy Charles Osborne was in my service—the other prisoner, who is his mother, chared in my house—I missed property during the time they were employed by me—they lived together—I took an officer and searched their house, and found several lots of seeds and other things—I found four pairs of sheets—we missed seven pairs—we found two table-cloth and the wine glasses—the sheets and table-cloths were found at the pawnbroker's—the female prisoner said the seeds had come out of the country, but I found my own writing on some of them.
WILLIAM ARGENT (police-constable H 12C.) I took the woman in charge on the 20th, and found a quantity of garden seeds there and eight duplicates, but they were not of Mr. Ashbee's property—after that I went and
inquired, and found these things in the pawnbroker's possession, some sheets at Mr. Latter's, and three at Mr. Fleming's.
JOHN O'BRYAN . I was working at No. 1, Robertson's-place, Commercial-road, where the prisoners lived, and I was nailing up a piece of skirting-board, and found these duplicates between the skirting-board and the wall.
Mary Osborne's Defence. On the 20th of May, Mr. Ashbee came to my lodgings, and said he had lost five pairs of sheets and two table-cloths—he searched every thing in the cupboard—he found some garden seeds which I had had two years from the country—I purchased some seed at his shop, on the 24th of April—they were in small packets done up with writing on them—I paid eightpence for them—the others never were his, but he insisted on taking them away—last July, I was very ill, and had given my son some groats and a little barley to make some barley-water, but I had not used them all—he then opened the table drawers, and found two little pieces of ribbon, which when I was sweeping the room, I picked up, washed and dried them, and took them home—my son had been in his employ fourteen months—on the 4th of May, I was at work at Mrs. Ashbee's, and she told me that she should not want Charles after to-morrow—the next week she sent for me to clean the house, as she was going into the country—I went on the Wednesday—she asked me to let Charles take her box to the steamer—as for the sheets and table-cloths I never saw them—they went on Monday and Tuesday, and took several little things belonging to me, and produced them on Wednesday.
CHARLES OSBORNE— GUILTY. Aged 17.—Recommended to mercy by the Jury. — Confined Six Weeks.
MARY OSBORNE— GUILTY . Aged 44.— Confined One Year. (There was another indictment against the prisoners.)
WILLIAM WOOD OGILVIE . I live with Mary Francis, who is a pawn-broker, in High-street, Poplar. At half-past eight o'clock on Saturday night, the 26th of May, the prisoner came into our boxes—we have a shelf that goes over our boxes—a person told me the prisoner had taken something, from the top of the boxes—I jumped over the counter and took him—I said, "What have you got here?"—he said, a parcel that he had taken out of Mr. Holly's—I put my hand into his basket, and found this coat with our ticket on it—it had been on the shelf—it is my mistress's coat.
Cross-examined by MR. DOANE. Q. Is your mistress a widow? A. Yes—I had seen that coat about a month before, when I took it out of the wrapper, brushed it, and put it up again—I know it by a mark on the back of it—I think there is a moth hole in it—the shelf it was on is rather better than six feet from the ground—I could reach it with my hand, but I could not get anything off it—Mrs. Wickers gave me notice—I do not know whether the prisoner heard it—he was in the next box—a person in one box could see a person in another—there is a partition.
DINAH WICKERS . I was in the shop in the next box to the prisoner—I saw him lift his hand up and take a parcel from over his head—I saw him pull it inside and put it alongside his basket—I saw it afterwards found in his basket—he said he had just taken it out of pledge from Mr. Holly—I called Ogilvie from the shop and told him of it.
Cross-examined. Q. Do you mean you could see this man in the next box? A. I saw him, for he stooped forwards—I cannot say what the parcel was which he took.
WILLIAM FRANCIS (police-constable K 257.) I took the prisoner—there was a parcel in his basket which contained this coat—he said it was his basket—in going out of the shop he said be picked the coat off the ground—he did not say to me that he took it out of pledge.
(The prisoner received a good character.)
GUILTY . Aged 26.— Confined Six Weeks.
1454. JOHN LEE and WILLIAM ANSELL were indicted for stealing, on the 28th of May, 5 pints of wine, value 12s.; 1 pint of brandy, value 3s.; 5 bottles, value 1s.; and 1 1/2 pints of spirits of wine, value St.; the goods of George James Clifton, the master of the said John Lee.
GEORGE JAMES CLIFTON . I am a wine-merchant, and live in Connaught-terrace, Regent's-park. Lee was my footman and had been so abort a month—he did not suit me, and was to leave on the 28th of May—at five o'clock that morning, he awoke me by knocking at my door—I asked what he wanted—he said the policemen were making some bother down stairs—the policeman, who was on the stairs, called out, "I think there is a robbery in your house"—I put on my dressing gown and ran down—I found the policeman with Lee and the other prisoner in my passage—the officer stated he had seen Ansell leaving my house with a bundle, that he asked him what it was, and he said it contained dirty linen, that he brought him back to my house, and the door was opened by Lee, who said, it was dirty clothes and he had given it him—the policeman said he must see what it was, and he came in and opened the bundle, which contained four bottles of wine—I then asked Lee where he got the wine—he said he bought it in Oxford-street—the officer said to me, "Is it not your wine?"—I looked at it, and said to Lee, "That answer will not do, it is mine, you had better confess at once, and tell me where you got this from"—after some demur, he said, "I took it from your cellar"—I asked him who Ansell was—he said his brother-in-law, and he came to assist him to take away his clothes—Lee's boxes were searched, but nothing was found—I was in the meantime speaking to Ansell, and asked if that was all he had taken—he produced a fifth bottle from his trowsers pocket, which contained brandy—the officer then took them to the station—Ansell made some demur about giving the number of the house he resided at—I said, it would be better to go to his house, and he should show us—we went there and saw his wife, and found three more bottles of wine.
Cross-examined by MR. DOANE. Q. You said Lee had better confess? A. Yes, I did—I felt kindly towards him notwithstanding all this had happened—these bottles have my seal on them.
three perches from the prosecutor's house—he wag carrying a bundle—I saw that he came from No. 15. I said, "What have you got?"—he said, "Some dirty linen which I got from my brother"—I said, "Was that your brother that opened the door?"—he said, "Not my brother, but brother-in-law"—I took it from him, opened it, and saw a coat, and four bottles—I took him back to No. 15, and pulled the bell—it was answered by Lee—I asked him if he had given the bundle to this man—he said he had—I asked him where he got the bottles—he said he bought them in Oxford-street—I said I should see his master—he said he was indisposed in bed, and I could not see him—I took the knocker of the door, and knocked, and he then went up stairs—he was up tome time—I secured the hall door, and took the bundle and Ansell with me up stairs—when Lee saw me, he knocked at his master's door, and then some lady asked what was the matter—I said I suspected there was a robbery in the house—Mr. Clifton then came down, and I told him what I had done—he asked Ansell where he got the bundle from—he said from Lee—Lee said he bought the wine in Oxford-street—Mr. Clifton said it was his wine; and that would not do—he then said, "Where have you got it from?"—he said from the cellar—I then went to Lee's bed-room, but found nothing there—when I came down, Mr. Clifton had got another bottle—I went with Ansell to his lodging, and found three more bottles there.
Ausell's Defence. I am a gardener by trade, and was working at Kilburn. On Sunday morning, my brother-in-law, Lee, came to my house about eleven o'clock, and brought three bottles of wine—I put them into a box—he asked me to take care of them till the morrow for him—I asked if they belonged to him—he said, "Yes"—he then said he was going to leave his place on the morrow, and would get a lodging for himself—he asked me if I would come and fetch away his box frem his place—I said I could not, as I must go to work at six o'clock—he then asked me to come early—I told him I would oblige him—he promised me 1s. for my trouble—I went next morning, and he gave me the bundle and a small bottle to carry home for him—I asked him for the box—he said I had better take them home first, and come again—I said I should not have time, and he said be supposed he must bring it himself—I then went on, and the policeman called me—I went to him—he asked if I lived in that house—I said no, but my brother-in-law did—he asked what I had got—I said I did not know, but I took it from my brother-in-law—I gave it him to look at—he laid it on the ground, and found four bottles of wine wrapped up in a coat, and tied in a handkerchief—he asked me to go back to the house, and I went with him—I rang the bell, not the policeman—my brother-in-law came—the policeman asked if that bundle came from him—he said it did—the policeman asked to see his master—he said he was not up—he then went up to call his master—we stood at the door a few minutes, and then went up—Lee and Mr. Clifton were standing talking at the door—Mr. Clifton then came down, and looked at the wine, and asked Lee where he got it—he said his young master gave it to him—I then said I had a small bottle in my pocket, he had better look at that, which he did, and then took me to die station-house—I was asked where I lived—I told them, but as I did not know the number, I went and showed them—the officer went in, and found three bottles in the box where Lee left them—this is a true statement—I am perfectly innocent of the charge.
LEE— GUILTY . Aged 20.
ANSELL— GUILTY . Aged 18.
Transported for Seven Years.
1455. JOHN WATTS was indicted for stealing, on the 7th of June, 1 silver watch, value 3l.; 1 watch-ribbon, value 9d.; 2 seals, value 2s.; and 2 watch-keys, value 2s.; the goods of Jonathan Lloyd; to which he pleaded
GUILTY . Aged 27.— Confined Six Months.
GUILTY . Aged 30.— Transported for Seven Years.
OLD COURT.—Thursday, June 21st, 1838.
Second Jury, before Mr. Sergeant Arabin.
MR. DOANE conducted the Prosecution.
JOHN LEESON . I am a builder, living at Branston, in Northamptonshire. On the 4th of January, last year, I paid the prisoner 6l. 11s. for stones—here is the receipt he gave me—I knew the stones belonged to Messrs. Pickford, and paid him the money on their account—the receipt is not stamped.
Cross-examined by MR. KEENE. Q. Did you ever have any transaction with him before? A. Yes—I have known him twelve months—I never heard any thing against him—I have paid him money for carriage.
Cross-examined. Q. Are you in the service of the prosecutors? A. Yes, I am wharfinger for them at Norton, and have known the prisoner eight years—I never heard any thing against him.
Cross-examined. Q. Had you had any previous money transactions with him? A. Yes, once or twice—he behaved honestly with me.
THOMAS DEWHURST . I am a cashier in the service of Pickford and Co., in the City-road. The prisoner was in their employ, and had been so eight or nine years, as their agent at Branston—it was his duty to return a balance of cash in hand weekly to the town establishment in the City-road, and to enter in his cash-book an account of his receipts and disbursements—his accounts were always squared—I could detect no errors according to the accounts he furnished—after the 7th of April I turned over the weekly accounts he had furnished—there are no entries of 34l. 10s., 28l., or 6l. 11s.—I have since seen his cash-book, and examined it—he never advised us of having received these sums.
BENJAMIN MYTTON . I am managing clerk in the prosecutors' service. In consequence of irregularities my employers had determined to dismiss the prisoner, but did not suspect him of this charge—on the 7th of April I went down to Branston—I found him in the counting-house early in the morning—I said I was extremely sorry to inform him that I had come down on very unpleasant business, and that the concern wished me to
take possession of the agency, and begged him at once to go into his accounts with me—he became considerably agitated—I waited some time for him to recover himself—he then asked if I would allow him to go and have his breakfast, and he would return and go into the matter with me—I allowed him to go—he did not return, but absconded—he was apprehended in London on the 30th of May—I saw him once before, by accident—his salary was 90l. a-year, with house-rent, coals, &c.
Cross-examined. Q. Where was it that you spoke to him? A. In the office that belongs to Mr. Pickford—there was a cash-box in the drawer, and cash in it, which I took possession of; there was 15l. in loose cash, and two smaller sums in parcels—about 21l. altogether
JAMES HUSON . I have looked into the prisoner's accounts subsequent to this transaction, and find the prosecutors are in his debt about 1l., according to his showing, not accounting for any of these sums—they are all this money out of pocket, except 1l.
MATTHEW PEAK . I am a policeman. In consequence of information I apprehended the prisoner, on the 30th of May, in the New North-road—I told him it was for embezzling sums of money—he said he knew nothing about it.
Cross-examined. Q. Where did you take him? A. About a quarter of a mile from Mr. Pickford's wharf—he was going that way.
GUILTY. Aged 35.—Recommended to mercy by the Jury on account of his good character. — Transported for Seven Years.
Before Mr. Justice Littledale.
1458. JOHN JOHNSON and GEORGE MELVIN were indicted for for feloniously breaking and entering the dwelling-house of Margaret Evans and another, on the 28th of May, at St. Michael, Cornhill, and stealing therein, 1 scarf, value 13s., their goods.
SAMUEL THOMAS . On the evening of the 28th of May I was in Corn-hill, and saw the two prisoners between eight and nine o'clock in the evening at the window of No. 25; I watched them, and saw Johnson scraping the putty off the window; he left pff when there was no carriage coming by, and went and stood under a court; but when a carriage came by he went to the window to work—they went backwards and forwards—a piece was taken out of the glass—I then saw Johnson put a piece of wire in the window, and move the things—the wire got hold of a scarf—I then went to look for a patrol, and when I came back I found them in custody—I had not seen them take the scarf out, but it was moved towards them—they were together—I went and examined the window, and saw the wire hooked into another scarf ready to be pulled out—it was not the one I had first seen.
Johnson. Q. Did you see me pull the scarf out of the window? A. No; I saw you put the wire in—both the scarfs were black—one was taken from you, and the wire was still in another—they were both black, but had different spots upon them.
GEORGE WILSON . On the evening of the 28th of May I was going along Cornhill, between eight and nine o'clock—I saw both the prisoners at the corner window—it was Mrs. Evans's shop, a hosier's—I delivered a parcel lower down the street, and when I came back I saw a hole cut in the window, and the two prisoners standing a short distance off—I went
on towards Birchin-lane and met Sherwood—I told him of it—I came back with him and secured Melvin—Sherwood took Johnson—I pushed them into the shop—I searched Melvin, and found a black satin scarf in his left hand jacket pocket—I delivered it to Sherwood.
RALPH SHERWOOD . I am patrol of Cornhill-ward. On Monday evening, the 28th of May, a little before nine o'clock, I was on duty in Birchim-lane; in consequence of what Wilson said, I went back with him, concealed the collar of my coat, and got before the window, where I saw the two prisoners, and pinned them just on the window, exactly on the spot where the hole was cut in the glass—I seized Johnson, pulled him into the shop, and shut the door—Wilson produced this black scarf in the shop, and gave it to me—I have had it ever since—I searched Melvin at the station-house, and found two instruments on him for starring glass, and picking out the putty; and a piece of wire was given to me in the street by Thomas.
MARGARET EVANS . I live at No. 25, Cornhill, in the parish of St. Michael. I carry on the business of a hosier there, in partnership with Jane Griffin—she is married, but carries on business there as a single woman—we both live in the house, sleep there, and take our meals—we have the whole house—her husband sleeps and lives there—on the evening of the 28th of May, Sherwood brought the prisoners into the shop, and asked me if that scarf belonged to me, which he produced—it belongs to us, I knew it again—it had my mark upon it—I had put it into the window about six o'clock—it is worth 13s. 6d.—I looked at the window which had been cut, the scarf gone, and every thing in disorder—the window was quite perfect at six o'clock—this is our scarf—here is my mark upon it.
SAMUEL THOMAS re-examined. That is the scarf I saw the wire hooked to when the prisoners were at the window—I know it by the pattern—I can swear to it—I found the wire in the window when I came back, and gave it to Sherwood.
Johnson. He says the scarf was taken oat of the window while he went for the officers—I am innocent of it.
SAMUEL THOMAS re-examined. While they stood under the arch, I went to the window, and saw this pattern scarf there near the broken glass—this is the one that the hook was first put into, before I went for the patrol.
Melvin's Defence. Passing up Cornhill on the 28th of May, I saw the scarf and nail lying close under the window—I picked them up—no sooner had I got them in my possession, than Johnson came and looked at the window, and directly the patrol came and took us both into custody—Johnson knows nothing of it.
JOHNSON*— GUILTY. Aged 20.
MELVIN*— GUILTY. Aged 18.
Transported for Ten Years.
MESSRS. CLARKSON and BALLANTINE conducted the Prosecution.
on Saturday, the 14th of April, about eleven or twelve o'clock in the morning—I cannot rightly say—he obtained permission, and went out about three o'clock—I paid him myself a £5 note, a half sovereign, and 2s.
JOSEPH HOUGHTON . I am a chair-maker, and live at No. 35, Stangate-street, Lambeth. I knew Joseph Eastwood, the deceased—my brother married his sister—about half-past four o'clock on Saturday, the 14th of April, he called at our factory—I accompanied him to the Pheasant public-house in Stangate-street, very shortly after he called—we had a glass of brandy-and-water together, which he paid for—he took out his purse, and emptied the contents into his hand—I saw some sovereigns and some silver—I should judge there were between four and five sovereigns—he parted with me about a quarter to six o'clock, and went towards Westminster-bridge, saying he was going to Chelsea.
JOHN WHITTAKER . I am waiter at the New Star and Crown public-house, Broadway, Westminster. I have known the prisoners Spring and Lucas three months—they were customers at our house—I have seen them there frequently, at different times, and mostly together—on Saturday evening, the 14th of April, Spring came into our house accompanied by a gentleman who I never saw before—I have since seen the deceased Eastwood, and recognised him as the person who came—they had four pots of half-and-half, and half a pint of gin-and-spruce—they came in together at first, and in about five minutes after, Lucas and the witness Edensor came in and joined them, and they all drank together—Spring shook hands with Jane Edensor, and offered her the pot of half-and-half to drink out of—they sat down together, and kept on drinking till eight o'clock, when the deceased asked me what time it was—I told him eight o'clock—he wished to get up, and told me to go for a cab when I brought up the third pot—I was in the act of going for one, when Spring said no, he was a friend of his, and he would see him home himself—they then sat down together again—at near nine o'clock the deceased got up and went out, unseen by the prisoners, apparently—I saw him go out—I observed Lucas turn her head round, and miss the deceased—she followed him to the door, and caught hold of his arm at the door—I saw her go away with him, holding his arm—they walked towards the Broadway—Spring and Edensor remained in the house about an hour after that—I did not see them go away—I was out at the time.
Q. Did you observe whether or not the deceased drank the liquor that was Drought? A. Yes; he drank some beer, but none of the spirits—when he went away he walked perfectly steady—he did not appear at all drunk—the deceased paid for the beer and spirits—I did not hear Spring make any observation about money while there—but when the deceased paid for his third pot, he put his hand into his trowsers, and said he had another purse there—he had a red purse in his hand at the time with a few shillings—that was said in the presence of the two prisoners and Edensor.
Cross-examined by MR. PRENDERGAST. Q. What time did they come to your house? A. Six o'clock.
Cross-examined by MR. PAYNE. Q. Did not Edensor and Spring remain more than an hour after the deceased and Lucas went away? A. I do not believe they did—I went out at ten minutes to nine o'clock, and when I returned at ten o'clock they were gone—I was not gone an hour and a half—I do not think I was gone more than an hour—I believe I
have seen Spring and Lucas coming to our house together for about there months, but I cannot positively say—Edensor was the person Spring appeared to be acquainted with—he shook hands with her.
Lucas. He stated that he did not know Edensor, but only knew me and Spring; but he knew Edensor as long as he knew me. Witness. They always came together to the house—I hare known one as long as the other.
FRANCES PHILLIPS . I am single, and live at No. 1, New-way Court. I know the prisoners Lucas and Manning, by living next door to then—between eleven and twelve o'clock, on Saturday evening, the 14th of April, I saw Manning in Tothill-street—she asked me to go to Mr. Green's, in Tothill-street, and get a penny-worth of laudanum—she did not say what she wanted it for—she gave me a tea-cup to fetch it in, and I fetched it—when I came back she was standing outside Mr. Green's—I gave her the tea-cup, with the laudanum in it, and she wished me good night—she had not previously said any thing to me about her tooth.
Cross-examined by MR. PRENDERGAST. Q. Did she tell you it was for Caroline? A. No—I did not inquire what it was for—she did not tell me Carry had got the tooth-ache—she never mentioned her—she had some gin and cloves in her hand—she did not tell me the was going for wood—when I came out I found her next door to Green's, waiting for me, at's baker's shop.
MR. CLARKSON. Q. Was she standing next door to the place where she asked you to go and get the laudanum? A. Yes—she did not say why she did not go herself for it.
Lucas. She said at the office Mrs. Manning gave her the cup to get laudanum, because Carry had got the tooth-ache very bad.
COURT. Q. Did you not say at the office that she sent you for 1d. worth of laudanum for the tooth-ache, for it is so in your deposition? A. No, I did not say so—she said nothing about the tooth-ache—I have sworn that already—it is true she did not say so.
Q. You have sworn before, "She asked me to go round for her to Mr. Green's for 1d. worth of laudanum, for the tooth-ache?" A. Yes, "I have—she did not mention the tooth-ache—it is not correct.
WILLIAM SIMMONS SAXBY . I am in the service of Mr. Green, a chemist, at No. 11, Tothill-street. On Saturday night, the 14th of April, I recollect a person coming into the shop for laudanum—I do not recollect Phillip's person—I served a 1d. worth in a tea-cup to a woman—I suppose there was from forty to sixty drops.
Cross-examined by MR. PRENDERGAST. Q. Whether it was this woman you do not know? A. No—we serve a great deal of laudanum in that neighbourhood—I do not know that women of this kind frequenty indulge themselves by taking laudanum—persons in the lower rank of life do not many of them come for laudanum—we frequently serve it to life lower class of people, but not particularly to women—I sold laudanum that day to other people, and that evening, for the tooth-ache—the person who came for it applied for it for the tooth-ache—the laudanum fetched in the cup was for the tooth-ache.
MR. CLARKSON. Q. What effect would a penny-worth of laudanum have when administered to a person? A. It depends whether the persons was accustomed to take it—if he was not accustomed to take it it would
stupify him, make him drowsy and sleepy, and more so if administered in liquor—I should say it would have a greater effect if taken in ardent spirits or beer—I cannot say if the effect would last longer than if taken simply.
MR. PRENDERGAST. Q. It is not your business to know the effect of these things? A. No—forty drops of laudanum are frequently ordered, and frequently sold—we frequently sell to people who take forty drops at a time—it sometimes happens that the same quantity of laudanum which acts as a sedative on one person, on another person would act as a stimulant, and excite him very much.
MR. CLARKSON. Q. Did you ever, know forty drops of laudanum taken for the tooth-ache? A. No.
THOMAS JAMES ANDERTON . I live at No. 3, Grey-coat-place, Westminster, near Rochester-row, and am a journeyman butcher. I have known Lucas by sight for nearly three years—she is an unfortunate girl—I do not know Edensor except from being along with Lucas—I do not know where Lucas lived—on Sunday morning, the 5th of April between, twelve and not o'clock I had been over to my sister's in the Cornwall-road, and in coming house met a young man—I walked with him to Westminster-bridge, and about one o'clock I met Lucas and Edensor coming over the bridge towards Lambeth—Lucas caught hold of my arm and said, "Will you have something to drink?"—we went back with them—I went with Lucas, and the young man went with Edensor, who went to the Old Rose public-house by the Marsh-gate—Edensor was walking behind me—as we were going along, Lucas called to her to ask her if she had enough half-pence to treat us with—she said she had not—Lucas said, "I stall be obliged to change a sovereign"—in going along Lucas said she had been picking up a man of 5l., and that she gave 4l. to her landlady, and was going to give her half-a-sovereign to get the man out—she said they were not going home before Sunday night, and they would be able to get the man out by that time—I asked her who were in it, and she said, "Only me and the other girl," meaning Edensor—we went into the public-house and drank together—Lucas changed a sovereign—we had 6d. worth of gin and cleves, 3d. worth of brandy, a pot of 6d. ale, and a penny biscuit.
Cross-examined by MR. PENDERGAST. Q. Did she tell you what she gave the four sovereigns to the landlady for? A. To keep them for her—the did not say whether the landlady was present when she picked the man up—the conversation occurred by Astley's theatre, near the Old Rose—we did not talk about it again when we got to the public-house—Edensor was not many paces off when that expression was used—I do not believe she heard it.
Cross-exanined by MR. PAYNE. Q. The young man was an acquaintance of yours? A. He was a stranger—I had met him coming along.
Lucas. It is false what he states.
MARY LLOYD . My brother keeps the Old Rose public-house, Marshgate; I live with him. On Saturday night, the 14th of April, I remember a party of two men and two women coming to the house between twelve and one o'clock—they had sometbing to drink—I cannot exactly say whether a male or female paid for it—I was paid with a sovereign—I put the change on the counter before them—I cannot say who took it up—it came 1s. 4d.
between eight and nine o'clock, Edensor came to my house and made a statement to me, in consequence of which I went to a house, No. 2, Newway-court, kept by the prisoner Manning—I there found the deceased, Eastwood, in the parlour, in a chair by the side of the fire—Mrs. Manning was with him, standing in the room—Eastwood said he was very bad, sat asked me to take him home to his brother's—I said I would, and told him it was an unthankful office to take anybody home that had been robbed—it was in consequence of a communication made to me by Edensor that I said that—he said he would be very thankful if I would take him to his brother's in Strutton-ground—I got him out of his chair with the assistance of Edensor—he could hardly stand at all—Manning offered to lend him a stick, which she brought him—that was too weak—I fetched a stronger one, then assisted him to his brother's, and left him in charge of a lady who was there.
Cross-examined by MR. PRENDERGAST. Q. When you got to the house did Mrs. Manning appear very anxious that he should be taken home to his relations? A. Yes—she said he appeared very ill, and it was neccesary to take him home as soon as possible—he had a coat on when I saw him—Manning did not tell me that she understood that Eastwood of Strutton-ground was a relation of his—he told me himself to take him there—Edensor told me to take him to Strutton-ground—Manning was present, and the man himself said that it was a butcher's shop, and that Eastwood was his brother—he made no complaint against anybody—he was very ill indeed.
JANE EDENSOR . I resided at No. 2, New-way-court, on the 14th April—the house was kept by Mrs. Manning, the prisoner—I know the other two prisoners—I had not known Lucas above three months before the 14th of April—I went to live with her at Manning's house—I had only known her about a week before that time—I had known Spring for about six weeks before this time—on Saturday evening, the 14th of April, I went into the New Star and Crown, and found Lucas, Spring, and the deceased Eastwood there—it was between eight and nine o'clock, or it might be nine o'clock—I drank there with them—I remember Eastwood going out, Lucas followed him—I was left behind with Spring, and remained with him about an hour—I then left with him, and went to Tothill-street, where he left me—I saw him again a little after twelve o'clock, between Dean-street and Tothill-street, and he told me Caroline wanted me—she was standing at the top of Little Dean-street, I could see her there—I went to her, and Spring continued with us—she said she had been wanting me—Spring was by—I cannot tell whether he heard or not—I did not take particular notice who stood nearest, we were altogether—she said she had been wanting me, she had got a pull of 4l.—she showed me four sovereigns, and asked me if I had any money—I asked her whether she got it from the man she went out of the Star and Crown with, and she said, "Yes"—I told her I had 1s. 9d.—she gave me eighteenpence, and said that was all the silver she had, and desired me to take down to Mrs. Manning the 3s. and to tell her to turn the man out in the morning—I went and found Mrs. Manning in bed with her husband—I gave her 3s., and told her Lucas said she was to turn the man out in the morning—Manning said, "Very well; I had better blow the candle out, and lock the door"—she meant where the man was—I came straight through the passage, and never opened the door—I went back to Lucas—I could see the light in the room through the
window, where Eastwood was—I found Lucas where I had left her with Spring—she said we had better all take a walk over the water—we went towards Westminster-bridge, and at the foot of the bridge Spring wished us good night, and said he would go home—I and Lucas went over the bridge, and met two young men—Lucas took the arm of one, and I the other—we went to the first public-house, just before you come to the Marsh-gate, and had something to drink—Lucas changed a sovereign to pay—we left the young men in the public-house, and returned over the bridge to Mrs. Russel, in the Almonry, and paid eighteen pence to sleep there—I was with Lucas all the following day, Sunday, and on Sunday night she told me to go home and see if the man was gone—I went home, and saw Mrs. Manning in the passage, and she said the man had been very ill, and she had given him some tea—I went into the parlour, and saw Eastwood there on the bed, and recognised him as the person who had been at the Star and Crown—I then went and made a communication to Quadling, and brought him to the house.
Cross-examined by MR. PRENDERGAST. Q. Did Mrs. Manning send yon to Quadling? A. No; I wanted Mr. Manning to take the man home—Mrs. Manning said the butcher (Quadling) might take him home—the man complained of being very cold—I borrowed one penny of Mrs. Manning, and made a fire in the room—I bought a candle and some wood, and lighted the fire—he had sent to his brother's, I understood, for a coat—I made that out from him himself, that he had sent to his brother's on Sunday for a coat, and got one—it was after twelve o'clock when I went on Saturday night to Mrs. Manning—it might be twenty minutes after—I found her in bed—I told her Caroline had got 4l. out of a man, and that she wished her to turn him out in the morning—I told her Caroline had left him in her room, and had sent her 3s. to wish her to turn him out in the morning—Mrs. Manning remained in bed while she was talking to me—I did not tell her how she had got the 4l. out of the man—I did not know—I do not think I asked Lucas how she got it—Mrs. Manning told me to blow out the light, and lock the door.
Lucas. She states that she came into the public-house, and there was I, and Spring, and the deceased—and Whitaker says we both came in together, I and the witness—I gave her 3s. to take home on the Saturday night Witness, No, it was eighteenpence—I had 1s. 9d. of my own to make up the 3s.—you did not give me 3s. at the Crown and New Star.
Lucas. There was 2s. 8d. of it for drink.
Cross-examined by MR. PAYNE. Q. When you saw Spring and Lucas together in Tothill-street, did you observe any sailor there? A. There was a sailor a little way off—I do not know whether he had been with Spring or not, but Spring spoke to him—I did not see much difference in Spring—Lucas went into the Star and Crown first—we did not go together—I had left her at home and found her there.
WILLIAM SIMON EASTWOOD . I am a butcher, and am the brother of the deceased, I live at No. 71, Strutton-ground. On Sunday evening my brother was brought to my house—he appeared very sleepy and dosing, and complained of being cold—he sat down by the fire and retched once—that was about nine o'clock—he went to sleep nearly the whole time—about twelve o'clock I awoke him and put him in bed—he then threw himself back in his chair, and I perceived his chin to drop—he asked for tea, which I gave him before that—when I saw his chin drop I touched
him and spoke to him—he did not answer me, and I went for the doctor, who immediately came—he did not retch after the doctor came—the doctor is not here—I did not observe his breath at all.
Cross-examined by MR. PRENDERGAST. Q. Did not he appear to be very drunk? A. I could not say—I did not smell liquor—I was applied to on Sunday, before he came home, and sent him a coat and waistcoat—a young man, a stranger, came to me for them—and he came home in those things—the young man who came was not a policeman.
MR. BALLANTINE. Q. Have you seen the coat he went out in since? No, nor heard of it—the coat I sent him on Sunday is the only one belonging to him that I have seen.
WILLIAM MORAN . I am Inspector of the B division of the Police. On Sunday, the 15th of April, at twelve o'clock at noon, Manning came to the station-house, and told me that two of the lodgers, Edensor and Lucas, who had her front parlour, had been absent the whole night, since between seven and eight o'clock the previous evening—she said she wanted to get into the room, knocked at the door, and found that the key was inside—no person answered, and she believed there was a man inside, and she was very much frightened, that whoever was there had no business there—she wished the police to go and see who it was—I sent Fowler there—on the Monday morning I went to Mr. Eastwood, and there found the deceased—I searched his person and found a purse, containing three duplicates and three bits of paper, which I produce—on one piece was written, "Frederick John Spring, 47, Stafford-place, Pimlico"—I shoved that paper to Spring, and he said that was his handwriting—I went that morning into the front parlour at No. 2, New-court, between nine and ten o'clock, and saw Lucas, Edensor, and Spring there at breakfast—while I was there Manning came down stairs—I cautioned each of them, before I asked any questions, to be cautious how they answered me—I did not tell them it would be better to confess, or worse if they did not—I told them the man who had been in that room was dead, and asked who brought him to that room—Edensor and Lucas both told me they had left their room on the Saturday, between seven and eight o'clock together—I said, "I asked who brought the man there?"—there was no answer made to that—both said they left the room between seven and eight o'clock—Lucas said she did not return home again till twelve o'clock on the Sunday night, and she had never seen the man—Edensor said she returned between fix and seven o'clock on the Sunday evening, and saw the man there for the first time, and whoever had brought him had to get in with a false key, as she had the key in her possession—(she afterwards told me at the station-house that Caroline had the key part of the time—I think Lucas was present, but I am not certain—I had taken them all there together)—Spring said he was in company with the deceased on the Saturday night, but that neither Edensor nor Lucas were present at all—that was said in the presence of Lucas and Edensor, and they said the same as him, that they were not present—I found a wineglass in the parlour cupboard in their presence, it smelt strongly of cloves—I asked what the liquor was brought in—Edensor said, when she returned home, between six and seven on Sunday evening she saw a glass and jug on the table, and that they were not there when she left on the Saturday, and how they came there she did not know—I asked first where the jug was—Manning said her husband threw it backwards somewhere—Edensor went out and brought this jug, which I produce—I then took
Spring, Lucas, and Edensor into custody—on the following Wednesday, between ten and eleven o'clock in the morning, I went to the house again—I went to the room of the prisoner Manning and found her there—I told her I came to take her into custody, for being concerned in robbing the man who died there—I looked into the cupboard, and she asked me what I was looking for—I said I wanted to find the teacup the laudanum had been fetched in on the Saturday night—she said it was not there—she said it was a light cup, and she believed it was down stairs in the parlour—I went down into the parlour—she followed me, and I found a cup in the cupboard, which I produce—she said she believed it was the cup in which the laudanum had been fetched—she told me she had been draws into it very innocently—she wanted to know what would be done to her if she spoke the truth—I cautioned her, and told her if she wanted to tell the Magistrate any thing, no doubt he would hear her—I then took her to the station-house—I was going to put the jug, glass, and cup into a handkerchief when she saw the jug she said, that it was the jug the gin and cloves were fetched in, and it had been poured into that glass.
Cross-examined by MR. PRENDERGAST. Q. Did she say she had never been in the room on the Saturday night at all? A. She did—that was before I took her into custody, when I was there on Monday morning—she said she had been drawn into it quite innocently—she did not say, "I don't know what they did to him"—she asked what would be done to her if she told the truth.
Cross-examined by MR. PAYNE. Q. I believe you showed the paper with the name of "Spring" on it, to him? A. Yes; he acknowledged it to be his handwriting—I inquired at the direction, and found his mother lives there.
MR. BALLANTINE. Q. Did he give you any notion how that paper got into the deceased's pocket? A. Yes—he said the man who was dead seemed very partial to him when he was drinking at the public-house, and he wished to see him again; and he wrote that and gave it to him.
Lucas. Q. When you came to my room on Monday morning, after questioning us all, did not you say to us all, "If I had the least suspicion in the world I would make sure of every one of you now?" A. I never said a word like it—I said the man had lost money, and you said, "I have got no money," holding up your feet, and saying, "I want to buy a pair of shoes."
Lucas. Fowler said, "There is a new shop open in Tothill-fields where you can buy a pair of shoes"—I said I only had a shilling—he told us not to go out, and we did not; and in about three quarters of an hour he came back, and took me and Edensor into custody. Witness. Nothing of the sort passed—I first spoke to Spring—he said he had been with the deceased on Saturday night—I went with him to the house, where he said he had been to call about a situation—I ascertained from the potman who had been there with him—I then came back, and Lucas was out for a few minutes—then I took them down to the station-house—I did not take Manning till Wednesday.
Lucas. He left me alone for half an hour. Witness. I did not—I merely went with Spring to the public-house, then came back, and took, her and Edensor.
MR. PAYNE. Q. Are you quite sure he said they were not present, or that they were not there when he first met with the man? A. I did
not put that question to him—it was stated by the potman, in his presence—Spring said, neither of the girls were in his company on the Saturday night—he said distinctly they were not in their presence at all when they were there that Saturday night, when he saw Eastwood.
JAMES FOWLER (police-constable B 84.) On Sunday morning, the 15th of April, at a quarter before twelve o'clock, the prisoner Manning came to the police-station, in the New-way—she asked the Inspector's advice for the purpose of sending a constable to her house, for she stated some person was there, who she thought had no business there—several questions were put to her by the Inspector, and he ultimately sent me—when I went with her to the place in New-way-court, she pointed out the front parlour to me—I tried the door of the front parlour, it was unlocked—it opened immediately, the key was on the inside—when I went in, I saw a man sitting on the side of the bed, leaning with his back against the wall, underneath the window—he had neither coat nor waistcoat on—his trowsers were unbuttoned and his trowsers-pockets turned inside out—I saw a purse lying on the bed against the right-hand pocket—there were two duplicates and a memorandum in the purse—they are here—he was quite insensible and quite cold—I went up to him and laid hold of him by the arm—his eyes were shut—I tried to arouse him—I shook him three or four times—I asked him if he knew where he was—heat last shook his head, and articulated something which I understood to be "No"—the prisoner Manning and her husband were present the whole of the time—I got him into the bed, and covered him up as warm as I could, thinking two or three hours' sleep would do him good—I looked round the room to see if I could find his coat and waistcoat, but could not, they were not there—I locked the room door before I left, and gave the key to Mrs. Manning—I returned again in about two hours—the man was then lying awake—I asked him for his name and address—he got up for the purpose of writing it himself, but was not able to give it me—he immediately became sick—what came from his stomach had a spirituous smell—some said it was one thing, some another—I formed my own opinion that it smelt of cloves—he wished to lie down again, and he did so—after a little difficulty he told me where he lived—he wished me to allow him to sleep a little longer, saying he felt so very sleepy and drowsy—in consequence of what he told me, I sent for his brother—that was about four o'clock in the afternoon, as near as I can tell, on the Sunday—it might be a little later—I know Lucas and Mrs. Manning very well—Lucas and Spring live in the front parlour of that house—they have lived there six weeks—I remember finding a cup there on the following morning with the Inspector—but I saw the cup on the Sunday afternoon, on the table in the front parlour, where the man was.
Cross-examined by MR. PRENDERGAST. Q. Manning assisted in putting the man to bed? A. Yes, and her husband also—she appeared to give him all the assistance she could—if they had not given information, I should have known nothing of it.
MR. CLARKSON. Q. Do you know the hand-writing of Mr. Burrell the magistrate? A. Yes, I have seen him write—(looking at the examination)—I have every reason to believe this to be his hand-writing.
is the hand-writing of the Justice—before she put her name to the examination it was read over to her—she signed it in my presence, and afterwards the Magistrate signed it—(read.)
("The prisoner Manning on her examination lays, 'On Saturday morning about eight o'clock, my husband came home, and we went out together to get some things—we got home about half-past ten o'clock—between ten and eleven o'clock, Lucas came up to me, and asked me to fetch her a quartern of gin-and-cloves, and a pennyworth of laudanum—for (she said) I am distracted with the tooth-ache—I put my gown on, and went and bought a quartern of gin-and-cloves—I sent the witness, Fanny—I asked her to go and get me a pennyworth of laudanum—I told her it was for Carry, she was distracted with the tooth-ache—I took it home—Carry met me in the passage—I gave her sixpence to purchase the pennyworth of gin-and-cloves, and laudanum, and brought a glass to her door, and she gave me a glass—I went up stain to bed, and saw no more of them that night nor the next morning till about ten o'clock, when I knocked at Lucas's door but received no answer. " 'ELIZA MANNIG.' ")
Lucas's Defence. I have nothing-to say, I am wholly innocent—I throw myself on the mercy of the Court.
LUCAS— GUILTY . Aged 19.— Transported for Fifteen Years.
MANNING NOT GUILTY .
SPRING NOT GUILTY .
Third Jury before Mr. Recorder.
1460. ELIZABETH THACKER was indicted for stealing, on the 21st of May, 1 cloak, value 5s.; 1 bonnet, value 6d.; 1 shawl, value 6d.; I frock, value 1s.; 2 pairs of trowsers, value 8s.; 1 jacket, value 4s.; 1 necklace, value 2s. 6d.; 1 pair of shoes, value 1s.; 1 pair of stockings, value 6d., and 1 pinafore, value 3d.; the goods of Charles Mills.
CHARLES MILLS . I am an army accoutrement maker, and live in Whitetone-court, Pitfield-street, Hoxton. I have known the prisoner twelve years, but had not seen her for five years until Saturday the 21st of May, then, in consequence of the distressed state she was in, my wife allowed her to sleep in our lower room that night—I called her up to light the fire about half-past five o'clock—she said she would—I missed her in about a quarter of an hour, and missed the articles stated—I was going down York-road, Lambeth, that evening, and met her arm-in-arm with a young man, with the cloak, bonnet, and shawl on her, and took her into custody—this was about a mile and a half from my house.
JOHN KAMPF . I am in the employ of Mr. Russell, a pawnbroker, in Shoreditch. I have a boy's suit of clothes and pair of shoes, pawned on the 31st of May, by a female—I do not know the party—the duplicate the officer has is the one I gave her.
WILLIAM WEST . I am apprentice to Mr. Board, of Shoreditch, a pawn-broker. I produce a pair of trowsers which were pawned on the 21st of May, by a female—I do not know her—my duplicate has been found.
CHARLES HITCHES (police-constable L 154.) I was on duty at Tower-street station-house on the evening of the 21st of May, when the prisoner was brought there by the prosecutor—I took from her a bonnet, a shawl, a cloak, and necklace—I found three duplicates on her, two of which correspond with the articles produced.
(Property produced and sworn to.)
Prisoner. I was quite distressed at the time, or I should not have done it.
GUILTY. Aged 19.—Recommended to mercy by the Jury and Prosector.
Confined Three Months.
MAURICE M'CARTHY . I live in Spring-street, Shadwell. I knew the deceased Robert Pounceby—he was about thirteen or fourteen years old—he was bigger than the prisoners—I heard him challenge to fight the prisoners, "one down and the other come on—they said" You challenged to fight us both at once"—he said, "Well, come on"—they had three rounds, and Pounceby then said he would not fight both any more—he would fight either one of them—Sullivan said, "I will have a round with you"—a man named Pearce came up and picked Pounceby up as he fell down—Sullivan and Pounceby generally fell together—Pearce said to Pounceby, "Strike up, Bob, don't let him have any wind"—in the second round Sullivan was giving Pounceby a fall, but Pearce saved him from falling by putting his knee under him—a boy named Murphy said he ought to be ashamed of himself for preventing him from falling—Pearce slapped Murphy in the face and made a kick at him, but he did not receive the kick—at the third round, a gentleman came up and shoved Pounceby against the wall, and shoved Sullivan on his knees in the road—Pounceby did not seem to be hurt—the gentleman did it to part them, and both got a violent fall—Pounceby's father came up at the time, and Pounceby ran after Sullivan and pointed him out to his father as the boy he had been fighting with—he was able to run—he did not seem hurt—only his nose was bleeding.
JAMES MARR . I am a seaman. I saw Sullivan and Pounceby fighting—I did not see both the prisoners fighting with him—I came up when he and Sullivan were fighting—Pearce interfered—he acted as second to Pounceby—I did not see anybody as second to Sullivan—Pearce was encouraging the boy to follow it up, and said, "Don't give him wind"—I saw nothing unfair in the fighting.
JOHN MURPHY . I live at Shadwell. I saw the first blows that were given—Pounceby got the worst of it when he fought the two, and he gave in, and said, he would fight them singly, either of them—Sullivan said, "I will have a round with you myself," and they fought—Pearce came up just as the first round began, and picked Pounceby up when he fell—in the second round Sullivan was giving the deceased a fall, when Pearce put his knee under him and saved him from falling—I do not think he hurt him in doing that—I said he ought to be ashamed of himself for doing so, and then he made a kick at me—at the third round a gentleman came up and parted them—he said he was an officer, and shoved one one way and one another—Sullivan fell on his knees in the road, and the deceased went against the wall—he did not seem to be hurt—his father then came up, and he went to show him the boy he had been fighting with—he pointed out Sullivan—Stanton was gone—Pounceby seemed able to run.
ROBERT WHEELER . I have heard the evidence of the witnesses—what they have said about the fight is true—when the gentleman came up and parted them, Pounceby fell against the gas-pipe, and I think the back of his head struck against the gas-pipe—it was with great violence—that
seemed to be the worst fall he had—he was more hurt by that blow than by any of the fighting—the fight happened on a Thursday, and he died on the Monday following—I saw him just after he was dead—after the fight was over Pounceby's, father hit him over the head with the coat he had taken off, and took him home and made him wash himself.
ROBERT POUNCEBY . The deceased Robert Pounceby was my son. Pearoe came and told me the fight was going on, and when I got there it was over—I hit my boy over the head, and attempted to kick his backside, and he ran home before me—next day he came down stairs on his backside, stair by stair, and said, "Father, I have great pain in my left breast;" and on the top of his knee was a black spot like a sixpence—he said he had fallen on his knee—I do not know whether he fell on his knee when he fell against the gas-pipe—he did not fall when I struck him—next day I sent for Mr. Sage, the doctor, and he attended him all day.
HENRY SAGE . I am a surgeon. I attended the deceased—I discovered a slight contusion on the lower part of the knee-bone, the cap of the knee, there was excessive inflammation proceeding about one-third up the muscles of the thigh—there was a slight contusion over the right eye; and the now evening erysipelas took place, which was followed by inflammation of the brain and lungs—that was from the concussion acting upon the nerves—I consider the blow on the knee would produce excitement to came that effect—I think the blow on the knee brought on erysipelas, and that, inflammation of the brain—I attribute the blow on the knee to be the original cause—there was fluid on the back of the head, but there was no contusion there—I do not think his falling with the back part of his head against a gas-pipe would account for the appearance on the back of his head.
JOHN DAY . I saw the two boys fighting. A man came up and said he was an officer—he threw the deceased against the gas-pipe, and Sullivan into the road; the deceased after going against the gas-pipe fell on the ground upon his hands and knees—he did not complain of being hurt.
JOHN BULLOCK . I am a surgeon. I saw the deceased—he died from the effect of inflammation of the brain, which I consider was occasioned by the illness and agitation he had previously undergone in the exertion of fighting—his knee was very much inflamed—there was nothing the matter with the upper part of the thigh—there was round the lower portion—I never saw him under erysipelas—I saw him just before he died, and discovered he had suffered under erysipelas, which produced inflammation of the brain—the erysipelas was produced by the injury to the knee.
(The prisoner Stanton put in a written defence, stating that the deceased had struck them both without any provocation, and challenged them to fight, which they did; and that he was always endeavouring to provoke them to fight.)
NOT GUILTY .
NEW COURT.—Thursday, June 21st, 1838.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 35.— Confined Six Months.
MR. JONES conducted the Prosecution.
WILLIAM SMITH . I am one of the firm of Messrs. William Leaf and others. The prisoner was our clerk—it was his duty to receive money from customers, and give credit for it in the cash-book—the money was to he paid to me immediately he received it—Mr. Robert Davis, of Bala, Merionethshire, is a customer of ours—in April last he was indebted to us nearly 30l.—on the 7th of that month the prisoner accounted for elevens guineas as received from him—he also accounted for 30l. from Mr. Sameul Wackrill, of Chelmsford—I afterwards received information of larger sums having been paid by these persons, and spoke to the prisoner—we placed the ledgers and cash-books before him to explain the nature of these two transactions—he said he could not account for it in any way, and we gave him into custody.
Cross-examined by Mr. PHILLIPS. Q. How long had he been in your service? A. Nearly five years—he was very young when he came—he is the son of a respectable farmer in Worcestershire—I had not the slightest reason to suspect his honesty up to this time—I have no knowledge of his having appropriated any other money to himself—there is another person in the same department—on an average, 500l. or 600l., or 1000l. might pass through his hands in a day—sometimes our country customers remit a portion of their debts by post, and pay the balance when they come to town.
THOMAS WACKRILL . I am a draper, at Chelmsford. I was a customer of Leaf and Co.—on the 7th of November I called, and paid the prisoner 34l. 12s.—I took this memorandum of it from him, which I have here.
GUILTY. Aged 19.—Recommended to mercy by the Jury and Prosecutor,
Confined Six Months.
MR. PRENDERGAST conducted the Prosecution.
SARAH HAYMER . I am the prisoner's mother. In 1823 he brought home a woman as his wife, and they lived together two or three months—I have not seen her for these ten or twelve years—I knew nothing about her before her marriage—he never lived with more than one woman in my house.
Cross-examined by MR. CLARKSON. Q. What was her name? A. Elizabeth—at the end of two or three months she went down into the country to see her friends, and we never saw her for more than thirteen months—the prisoner was at home all that time—that was in 1823—my son was born in 1805—I cannot say how old Elizabeth was, but she was a great deal older than him—I believe she went to live with an ostler at Cripple-gate—she went to live with a man at Kingsware, Hertfordshire, and when she came back to me I would not take her in—she was seven months gone in the family way—in 1825 my son entered into an agreement with the parish officers to allow her 1s. 6d. a week—I know John Freeman—I have seen the supposed certificate of Elizabeth's death, but she is now living with a person at Cheshunt, and has got two children.
Q. Was this second lady, who comes here to complain, married to your elder son? A. Yes, to the prisoner's brother—she was confined in my houses after her husband's death—I took her home as soon at he was buried she is twelve or fourteen years older than the prisoner—she hat known that his wife was alive as long as he has himself—she was in my family at the time—it was found out, and declared to her by my son, that Elizabeth was living, eight or nine years ago—I have heard them speak of her being alive—she knew it eight or nine years ago, to my knowledge—we used to talk of it in the family—she lived with him afterwards—they have been married nine years—I was not here when the second wife was tried for felony—my son was a gardener at Winchmore-hill about two years ago—he got his second wife into a situation with him—he remained there about twelve months after she left—he afterwards got work at the Northampton Arma, Lower-road, Islington, as a carpenter.
Q. Did Mrs. Heymer ever come to you, and ask vou to prevail on this young man to come and live with her again? A. Yes, not above a week before she had him taken, but he refused—he had no work at the time—I had a daughter, who died about eight montht ago—I had the second wife with me at the time.
JOHN SAMUEL AMES. I am parish-clerk of Bethnal-green. I have the marriage register—here is the entry of a marriage on the 26th of October, 1823, between Ebeneaer Haymer and Elizabeth Hale—my father and the sexton are the subscribing witnesses—they are both dead—I know the names to be their hand-writing.
Cross-examined. Q. You were not present at the marriage? A. No, I know nothing of the parties.
SARAH HEYMER the younger. I was married to the prisoner, at Shoreditch church, on the 1st of March, 1829—I had been married to his brother six months and four days when he died—I had been a widow seven years, within a month, when I married the prisoner—I knew him living with his first wife at his father's and mother's—I took tea with them once, I believe—I have heard from him that the name of his first wife was Elizabeth Hale—I saw them repeatedly—Elizabeth Hale took the care of my infant when I went out to work, several times—he paid his addresses to me more than a month—I had got some household goods, and a good business—I worked at upholstery for the most respectable families in Camberwell, and round there—I had four rooms of goods, and every thing I could wish—they were worth about 50l.—we were about insuring for that sum at the time—I had heard two years before he paid his addresses to me, that hit wife was dead—my sister spoke to him about it, and he said if we were dissatisfied about that he had got a proof of it in his pocket-book, and he produced this paper—in consequence of that I agreed to marry him, but not without the advice of his father and mother.
(The paper being read, purported to be a certificate of the burial of Elizabeth Heymer, on the 12th of December, 1827, at Cheshunt, signed by Joseph Robson, curate, and William Jackson, sexton.)
Cross-examined. Q. Are you the prosecutrix of this indictment? A. I believe so—I gave the prisoner in charge—I employed Mr. Absolam—I do not know whether he is an attorney—I was advised to employ him by Mr. Wood—I was in Newgate in December—Mr. Absolam did not know that at the time—he did afterwards, I believe—I was charged with stealing pots by a person named Ramshire—I was tried here on the 3rd of January, and was imprisoned three months—I did not go to the prisoner's mother
when I came out, and ask her to solicit the prisoner to come and live with me—I saw her, and told her it was hard; for he had robbed me of a home and my child too; but I never said any thing about his coming to live with me—I met her going along—I did not wish him to live with me, but I considered he had a right to do something for me—I cannot tell how long before I went to Newgate it was that I knew his first wife was living—I do not think I knew it seven or eight years before—I think I knew it six years before—I continued to live with him after I heard that, up to last year.
Q. Did you not tell his mother, after you came out of Newgate, that if he did not come and live with you, you would prosecute him for bigamy? A. No, I did not—I spoke to him himself about it—I do not recollect saying any thing to his mother about bigamy—I would not swear I did not, but I think I could swear it—I did not speak to her with any intention of his living with me, or threatening in any way whatever—in 1836 the prisoner was in service, as groom and gardener, at Winchmore-hill—he get me into that situation also—I staid four months—I was not turned away—I was discharged because the family were giving up the house—the prisoner continued to live there after I left, from November to June—I did not go and ask him to live with me—I went and asked if he would do anything for me—he made a proposition to me to take a ready-furnished room—I certainly asked him if I had a home—I cannot recollect asking him to live with me—I did not go and ask him to live with me after I came out of Newgate.
Q. Will you swear you did not ask him to live with you within the last six weeks? A. Yes, I did ask him—I did not tell him if be would act live with me I would prosecute him for bigamy—he told me if I could do it, it would be doing him justice, as he should get rid of the pair of us—I accused him of bigamy six weeks ago—it was commonly reported in the neighbourhood and in the family two years before I married him that his wif was dead.
MR. PRENDERGAST. Q. You were convicted here of pot stealing? I Yes—I was taken up just at the door of the Northampton Arms—the prisoner was living there at that time—he took me there, took me up stain, and introduced me to a person there, and that person delivered a pot to me, and asked me to take it and see if I could find him and get it filled again—I had two pots, one in each hand, when I was taken—I was not going away but standing still—the pots were open in my hand—the prisoner was then in the public-house, but he did not appear at all—I did not see him—I requested that he might be found—he did not come to me at the station-house, or come near me—I had three months' imprisonment—her came to see me while I was confined—he was then living with his mother—I was living with him when I was taken up—he slept at home with me—I had not much furniture of my own then—it was a furnished room—part of the things were mine—I had a child at the time, but it was not living with me—I had no home whatever to go to when I came out of prison but his mother's—I was a whole night in the street—when he came to see me in prison, he said he was out of employ—I requested him to write to me to let me know how the child did, but he never did—one of the pots were given me by a person in the house, and the other by a person who had a team—he said to me, "My horses won't stand still, here is a drop of beer in it—it won't hurt you," and he put the pot into my hand—I had no
intention of stealing it—it was through the prisoner that I went to the public-house at all that night—he wished me to come there, I should not have gone without—after he left me I saw some of my furniture for sale—some crockery ware—I went to his mother's to get what things there were left—I saw a box of mine there.
COURT. Q. When you were tried, did you, when called upon, state anything of this sort to the Court? A. No, I did not—I was a stranger, and had no one to advise me.
MR. CLARKSON to SARAH HEYMER the elder. Q. Since this woman has been out of Newgate did she come to you and say, if your son would not live with her, she would prosecute him for bigamy? A. She came to me to wish him to get a home for her about a week before she had him taken—I do not recollect that she said she would prosecute him for bigamy.
MR. PRINDERGAST. Q. Have you any goods of hers? A. There is a box of hers, and some crockery of hers—she had no home to go to.
ROBERT WOOD . I have been a constable of Cripplegate, but am not so now—I have been down to Cheshunt and made inquiries—no such person as Joseph Robson, curate, or William Jackson, sexton, ever lived there—I found Elizabeth Heymer there on Sunday last.
Cross-examined. Q. Who was she living with at Cheshunt? A. With a woman named Wright, as a nurse—I gave instructions to Mr. Absolam to prosecute—I know he it a respectable attorney in the Strand, or clerk to him.
NOT GUILTY .
JAMES WATKINS . I live in Brewer-street, Golden-square. Between twelve and one o'clock in the morning of the 17th of May, I met the prisoner in Long-acre, and went with her to No. 1l. Phoenix-alley, Long-acre—I gave her half-a-crown, and the woman of the house a shilling—I had 1l. 1s. 6d. in my pocket at that time—I am sure of that—I put it into my left-hand trowsers pocket, with my handkerchief—I undressed, and went to bed—the prisoner did not—I slept about half-an-hour, when the servant came and knocked at the door, and asked me if I was aware the prisoner was gone—I found her gone, and instantly missed my money from my trowsers—I had never seen her before, but I am sure she is the person.
Cross-examined by MR. DOANE. Q. Were you quite sober? A. Not exactly quite sober—I had been drinking a little, but I was quite sensible, and knew perfectly well what I was about—I had 1l. 2s. 1 1/2 d. when I went to her lodging—I had more than that when I left home, but I did not count it—I am a journeyman painter—I had been at work at a shop in Lincoln's-inn-fields—I received my wages, 30s., on this Saturday night, a sovereign and a half-sovereign—I had a pint of ale, and a glass of rum-and-water, which came to 9d., before I met the prisoner, and paid 4s. which I owed—I changed both the sovereign and the half-sovereign, as I wanted silver to pay my landlady—I left my master's, after receiving my wages, about a quarter to ten o'clock—I went with the prisoner between twelve and one o'clock—I had not been all that time at the public-house—I had been walking about to different places, where I wanted to see one or two of my shopmates—I believe the servant at the
brothel saw me with the half-crowns—I pot them out, and counted them, as soon as I got into the room—I will not be positive whether the servant was then in the room—I put them into my pocket, put my handkerchief at the top, pushed it tight in, folded my trowsers up close by the chair and went to bed—the prisoner was to stop all night, but would not take off her clothes, only her bonnet—she did lie on the bed—I am not married—I went to sleep almost directly, for I had been out late the night before, and was very tired—when I awoke the prisoner was at the top of the stairs, with the servant, who came and knocked at the door.
SARAH WEEDON . I am servant at No. 11, Phoenix-alley, London. The prosecutor and prisoner came there between twelve and one o'clock and about half an hour or three-quarters of an hour afterwards I met the prisoner on the stairs—she told me she was going—I said I could not allow her to go till I had acquainted the young man—she returned to the room-door with me, and while I was knocking at the door, she went down stairs—he asked me if she was in the house—I said, "Yes"—he said, "I have been robbed"—he did not stop to dress, but went down stairs, and before he could reach the bottom, the prisoner was gone—his trowsers were lying on the hearth-rug, and three halfpence were lying by the side of then.
Cross-examined. Q. Did you go into the room with them when they came? A. No farther than the door, not np to the room where they were—I received 1s. for the room from the prosecutor—he took it out of his pocket—I did not see any other money—I did not go to the room till I met the prisoner on the stairs.
FREDERICK COLE (police-constable E 32.) The prosecutor gave charge of the prisoner to me, at the corner of Lascelles-court, the following morning, about a quarter to eleven o'clock—she denied ever having sees him before, or ever having been in the street—she was asked how much money she had about her—she said, "Eight shillings"—she was then pot into the hands of a female searcher.
ANN THORNTON . I searched the prisoner, and found five half-crowns, 1s. 6d., and 3d. in copper, tied up in a corner of her handkerchief—she told me she had told the Inspector she had but 8s. about her.
GUILTY . Aged 21.— Transported for Seren Years.
MR. DOANE conducted the Prosecution.
PETER THIRION . I am a fur skin-dresser, and live in Fox-court, Ray-street, Clerkenwell. The male prisoner worked for me eight or nine days—I missed three martins' skins—I missed one on Saturday morning, the 19th of May, between five and six o'clock—I had seen it safe is the tubbing-room, where skins are prepared for leather, between half-past ten o'clock and eleven o'clock on the Friday night—there were about thirty people at work in that room, and the male prisoner among them—he came to work on Saturday morning from six o'clock to eight o'clock—he then went to breakfast, and as he never returned I had suspicion, and had him taken into custody—I had seen the female prisoner, who passes as his wife, in the tubbing-room, on the Thursday, but not after—this is the skin—(looking at it)—it was found at his lodging.
JOHN FINK . I am a policeman. I took the male prisoner—I afterwards went to a house in York-street, Saffron-hill, and saw the female prisoner standing in the passage—some one with Mr. Thirion spoke to her in Irish, and she immediately went up stairs—I followed her to the first floor front room—she crossed the room to the head of the bed, and took this skin from under the bed-clothes—I had said nothing to her about it.
(The prisoner, John M'Carthy, put in a written defence declaring his innocence, and stating that he did not know of the skin being under the bed, or how it came there.)
J. M'CARTHY— GUILTY . Aged 27.— Confined Six Months.
B. M'CARTHY— NOT GUILTY .
JOHN WHITBREAD WALTON . I reside in Albany street, Regent's-park. About eleven o'clock in the morning of the 31st of May I was in High-street, St. Giles's—I saw a person running away with my handkerchief—I had not felt him at my pocket—the prisoner was the person—this handkerchief (looking at it) is similar to mine—I believe it is mine—I have no mark upon it—I had one like this in my pocket.
EVAN DAVIS (police-constable G 192.) I saw the prisoner run away with the handkerchief in his hand, and he dropped it when he saw me—this in the one he dropped—I took it up, and followed him into a house in St. Giles's, and a person there knocked me down as loon as I got in; but I followed the prisoner, and caught him again in the room—they tried to rescue him, ten or fifteen of them at one time—they kicked me and knocked me about—I had my hat knocked off, and a fellow took my handkerchief out of my hat, and ran off with it.
Prisoner's Defence. I picked it up—the policeman was going to take hold of me, and I ran away.
GUILTY . Aged 18.— Confined One Year.
JOHN CRISPIN . I live with my father, John Samuel Crispin, in Rufford's-buildings, Islington. On Friday, the 18th of May, he had a pair of shoes hanging outside the shop—they were safe about nine or ten o'clock in the morning—a little after eleven o'clock somebody gave me information—I ran out of the shop, and saw the prisoner running through the turnpike—I ran after him—he was going down White Lion-street—I lost sight of him—a gentleman told me to go to the other end of the street, and I did, and met the prisoner—I said, "Give me those shoes?"—he said, "I have not got them, it was a boy who ran up White Lion-street"—the prisoner was taken, and these shoes—(looking at them)—were found on him in my presence—they are my father's.
GUILTY *. Aged 15.— Transported for Seven Years.
CLARENCE BARBER . I am employed by Mr. Joseph Barber. He is a wharfinger and warehouse-keeper—he keeps printed cottons in his possession—I missed twenty yards on the 1st of June—I believe this is the cotton—the paper is the same—I will swear by the mark of it.
JOHN TURNER . The prisoner was employed as an extra labourer, for the last five years, at Mr. Joseph Barber's—on the 1st of June when I was passing the warehouse I saw the prisoner there—he had no business then—I looked and saw him fumbling something under his apron—I stopped till he was coming out, and said, "What do you want there?"—he said, "I was looking for a broom"—I said, "You have no business here; I told you to go up to the fourth story, and you are here in the first story—you have taken the keys from my place, and unlocked the door—what have you under your apron?"—he said, "Nothing"—I found this cotton under his apron tied with his apron string—it is my master's.
GUILTY . Aged 21.— Confined One Year.
GEORGE ROWLEY . Last Sunday evening, at a quarter after nine o'clock, I was in Bishopsgate-street—there was a cart standing in the street with a man lying in a very dangerous state in the cart, and a small crowd was round—I stopped to see what was the matter, and I felt a tug at my pocket, and my handkerchief was gone—the prisoner was by my side—I directly collared him—he threw the handkerchief into the crowd before me—I took it up, and gave him into custody—this is my handkerchief—(looking at it.)
Prisoner's Defence. I saw the handkerchief lying down, but I did not throw it down.
GUILTY .* Aged 18.— Confined Six Months.
THOMAS TAYLOR . I am a bookseller, and live in Edgeware-road. I went after the prisoner, from information, on the 9th of June—I overtook him in Homer-row, and found on him this book—he said he took it from necessity—the Magistrate would not have committed him, but he has no friends, he is quite deserted—my books were outside my place.
Prisoner. I have neither father nor mother.
(The prisoner received a good character.)
GUILTY . Aged 16.— Confined One Week.
MARTIN OSTERFIELD WRAY . I live in Agar-street, Strand, and am a chemist. The prisoner was my servant—all the money he received in the shop he was to put into a small box, and enter it in a book—I marked two half-crowns, three or four shillings, two sixpences, and a few fourpenny
pieces—I sent two or three persons in for different articles, and after that went into the shop myself, and found some of them had been entered in the book, and some had not—I then referred to the desk to see whether the cash was there, thinking he might have omitted putting some articles down, but I ascertained there was one half-crown, one shilling, and three fourpenny-pieces, that I had marked, not there—I gave the money to Crann, Brooks, and Wheeler—I went and spoke to a policeman—I then asked the prisoner if he had any money about him—he said, "None of yours'—the policeman followed me in, and requested him to put out what money he had on the table—I then said, "If that is the half-crown I missed, it has such a mark on it, and is of such a year and such a reign, and the shilling also," and these were found among the money the prisoner put down.
Cross-examined by MR. DOANE. Q. You had a good character with him from a place in Finsbury? A. Yes—I believe he had lived with them some years—this is the only occasion on which I have marked money in Agar-street—I have another place of business in Holborn—I never marked any money in the same way as this—I kept a minute on this paper of the manner in which I marked these—the coin I found was marked exactly as I had marked it—I have had to find fault with him for carelessness—I said I would stop his wages for it—he did not say he would reimburse himself—I did not stop any of his wages.
(The prisoner received a good character.)
GUILTY. Aged 16.—Recommended to mercy.— Confined Three Days.
JOSEPH EDWARDS (police-constable F 85.) I went to the prisoner's lodgings, and found the prosecutor's pot in the prisoner's bed—he lived there with a young woman—I do not know that she did not bring it there.
NOT GUILTY .
GUILTY . Aged 21.— Confined Three Months.
MR. DOANE conducted the Prosecution.
HENRY MEADOWS . I am bailiff to Mr. Ralph Deane. He resides at Ruislip—in May last there was a quantity of oak bark, the fellings of some trees belonging to him—I had it removed to a barn kept by Thomas Brill the elder—there were seven cart loads—Mr. Dean's teams carried some, and some other people carried some—Charles Lamb assisted in unloading it—I saw him begin to unload it, and I paid him for it—the prisoner Thomas Brill's born is in the parish of Harefield, near the road side, about three miles from Mr. Deane's—Thomas Brill the elder's place is about three hundred or four hundred yards from the prisoner Brill's—I missed some bark from the barn on the 30th of May, about seven or eight hundred-weight—I and my son had put a mark upon it—from information I went to the tan yard of Mr. Norris in Brentford—that is about twelve miles from the residence of the prisoner Brill—I recognised the bark the moment I went in—I saw about seven hundred weight—it had the marks on it—the bark is here—it is Mr. Deanne's.
WILLIAM BRILL . I am the cousin of the prisoner. On Wednesday the 5th of June, he came to me to engage me to carry a load of oak poles from Ruislip to Brentford—I agreed to do it—I was to go with my cart and fetch them, at two o'clock in the morning—I went between two and three o'clock—when I got to his house I saw him and Lamb—they shewed me what I was to carry—from its appearance it excited my suspicions—I did not like to load it and I did not—Brill loaded it, and Lamb gave it him up—it was bark like this—(looking at some bark produced)—after it was loaded I and Brill went with the cart to Brentford, to Mr. Norris—Lamb joined us there—I went to the Seven Stars to breakfast—and they came to me there—I went to the White Hart and left them there.
GEORGE NORRIS . I am a tanner at Brentford. On the 5th of June the prisoner Brill came to ask if I would purchase a quantity of bark—I asked whose it was—he said it was a little lot of his own—I said if he would bring it I would give him a fair price—he brought it on Friday—I paid him 3l. 12s. 6d. for it—I was not up when they came—it came about five o'clock in the morning—it was put in a barn—I had fifteen hundred weight, one quarter.
Brill's Defence. On the last day of May, when this was delivered out of the barn, there was a little left in, and Lamb came and asked me to go with him and take it to Brentford—I went and sold it at Brentford—we went to the White Hart and parted the money.
Lamb's Defence. We were under Mr. Meadow's employ, and while we were gone with a load of bark, Brill took this bark out of the barn and put it into the racket house.
BRILL— GUILTY . Aged 40.
LAMB— GUILTY . Aged 38.
Transported for Seven Years.
ROBERT JENNER . I am in the employ of Abraham Cooper, and another. We missed a pair of boots on the 22nd of May—I went to Mr. Newberry, a pawnbroker, in Drury-lane, and on going in I met the prisoner coming out—I asked the young man if he had taken a pair of bobts in—he said, "Yes, and a woman just gone out had pawned them for 3s."—we went out and found the prisoner with the money and ticket on her—these are the boots—(looking at them.)
Cross-examined by MR. PHILLIPS. Q. When she came back she threw down the duplicate and the money? A. Yes, she did—when I followed her she had another woman in company with her—she said something to the woman, and was passing the 3s. to her—she told me in the shop that the woman sent her with these boots, and sajd, "Go before the Magistrate"—I did not go after the other woman.
NOT GUILTY .
1477. HANNAH MESSENGER was indicted for stealing, on the 12th of May, 2 sheets, value 5s.; 2 shifts, value 5s.; 13 pinafores, value 8s.; 4 aprons, value 2s. 6d.; 2 bedgowns, value 2s. 6d.; 1 handkerchief, value 9d.; 1 yard of calico, value 6d.; 3 frocks, value 3s.; 2 pairs of stays, value 1s.; and 2 shirts, value 1s: the goods of Elizabeth Coachman.—2nd COUNT, stating them to be the goods of George Leonard.
ELIZABETH COUCHMAN . I live in Kingsland-road, and am a widow. On the 12th of May I sent these articles to be mangled—Mrs. Leonard came to my house, and said somebody had carried them away—I gave information—the prisoner had been formerly my servant—the articles now produced are what I sent on that occason.
ELIZABETH LEONARD . I am the wife of George Leonard, of Edward-street, Kingsland-road—I keep a mangle. I received these things on the 12th of May, the prisoner came for them the same evening—I gave them to her, not knowing that she had left Mrs. Couchman's employ.
GUILTY. Aged 17.—Recommended to mercy by the Prosecutrix.
Confined Six Months.
1478. DAVID M'WILLIAMS was indicted for stealing, on the 25th of January, 2 yards of kerseymere, value 10s.; 1 hat, value 12s.; 17 yards of linen cloth, value 12s.; and 1 shawl, value 10s.; the property of Alexander Chesney, his master.
MR. PHILLIPS conducted the Prosecution.
ALEXANDER CHESNEY . I am a linen-draper, and live in New-road, Commercial-road. I had the prisoner from Scotland in June, 1836, and took him into my employ—he remained till last February, when I discharged him, as I had missed some things—I went down to the wharf, put him on board a vessel, and paid his passage—after that I heard something, in consequence of which I employed a person to apprehend him, if possible—after he left my service I saw a key found underneath his bed, which fitted my shop-door, in which were my articles accessible—I missed some kerseymere, a shawl, and hat and calico—I have lost about 200l. altogether.
ALEXANDER NELSON (City police-constable.) On the 21st of May I met the prisoner in Skinner-street—I told him I wanted him, on account of Mr. Chesney—he said, "You don't mean to take me"—I said, "Yes I do"—he said, "What will you take to let me go"—I took him—he told me where he lived—I went there with a key which I got from the prisoner—I found this hat in an old drawer, in the state it is now.
CHARLES WALLER (City police-sergeant.) I went with the prisoner to the lodgings in New-street, Fetter-lane—I searched, and found this linen in a deal box, and this kerseymere, and a duplicate of a shawl.
GUILTY . Aged 19.— Transported for Seven Years.
Sixth Jury, before Mr. Sergeant Arabin.
WILLIAM CARR . I am a costermonger, and get my bread in the street with my donkey and cart. On the 18th of May I left my donkey and cart at the Old Bailey—I left it between seven and eight o'clock in the morning, while I went into Newgate-market, for about three quarters of an hour—when I came back it was gone—I found the donkey and harness with Mr. Groves, the same afternoon—I do not know the prisoner—I lost the donkey, the cart, the harness and all—I found the cart near the middle of Little Skinner-street—it had my name on it.
FRANCIS GROVES . I live in Tower-street, and am a coal and coke dealer—I did not know the prisoner before this happened, but on the 18th of May, between ten and eleven o'clock, he offered me the donkey and harness for 16s., and then for 14s.—there was no cart—I said I would give him 12s., and 6d. to drink, and he took it—I asked his name—he said, "James Barlow, No. 15, Church-street, Greenwich"—he said he had had it from sixteen to seventeen months, and had been selling hearth-stones round there for that time.
WILLIAM HARPER . I am a bricklayer. I was at work at the corner of the court in Tower-street, where Groves lives—the prisoner led the donkey and cart up the court to Mr. Grovcs's door, and Groves beckoned me in to see
that he paid the money, as there were so many rum dealings, he did not know who was safe—Mr. Groves asked the prisoner his name, and address—he said, "James Barlow, No. 15, Church-street, Greenwich"—he said he could not write—I wrote it, and he put his mark.
Prisoner's Defence. On the 18th of May, I was very ill and not out, and on the Thursday following I was in Covent-garden—a man accused me of this—I know nothing of it.
GUILTY .* Aged 20.— Transported for Seven Years.
GEORGE LAPRAIK . I follow the bonnet blocking business. About a quarter past ten o'clock on the 15th of May, I was in Goswell-street, looking into a shop—I felt a tug at my pocket—I turned round, and saw the prisoner—I then went to the other end of the window, and looked in again—he followed me and took my handkerchief out of my pocket—I turned round the moment I missed it, and found it in the prisoner's coat pocket—he was walking very quietly up a court—I told him he had my handkerchief—he said no, he had not, that he had no occasion to take mine, he had one of his own—I was taking it from him, and the policeman came out of a shop, and took him.
Prisoner. Q. Did you see or feel me at your pocket? A. Yes; there were two more with you, but you had the handkerchief.
Prisoner's Defence. I came out to buy some tobacco—an accident occurred, and the people were looking in at a doctor's shop—two boys and a girl were looking in as well as me—as I turned away, I saw this handkerchief on the ground—I took it up and walked away—before I got seven or eight yards, the prosecutor came and took me, and said I had his handkerchief—I said no, I had not any but my own and one I picked up—a man came up and said he had got the wrong one, it was a boy picked his pocket.
GUILTY .* Aged 30.— Transported for Ten Years.
1481. JOHN HILL, FREDERICK HONEYMAN , and FREDERICK PAGE were indicted for stealing on the 19th of May, 1 clock, value 4l., the goods of William Patten Donkin Chubb; and that Honey-man had been previously convicted of felony.
MR. PHILLIPS conducted the Prosecution.
HONORA DUHIG . I am single, and live in the service of William Patten Donkin Chubb, landlord of the King's Head, Dolphin-court. On the 19th of May, I opened my master's shop—the first thing I did when I came down stairs was to go to the coffee-room door, and see what o'clock it was—it was ten minutes to seven o'clock—I saw the clock safely fixed in the wall in the coffee-room then—about half past seven o'clock the three prisoners came in together—they called for a pint of half-and-half—they drank of it together at the bar—I am sure these are the three men—Honeyman then went into the coffee-room—he came out again, and whispered to Hill—I
saw him—I was at the bar after that—Hill went into the coffee-room—while he was gone, Honeyman asked me to oblige him with a glass of cold water, that was kept at the back of the bar—he drank it—it was a large glass—Hill then came out and whispered to Honeyman, and Honeynman then asked me if I would oblige him with another glass of water—I said "No, here is the glass, and there is the water, go and help yourself"—Honeyman went for the glass of water, and drank it, and then Hill whispered again, and Honeyman said to Hill, "She is looking"—I came out of the bar, and went to the coffee-room door, and saw the clock was down—it had been taken out of its place where it had been fixed, and was behind the door, partly covered with two handkerchiefs—I asked them which of them took the clock down—they said they knew nothing about it—I went to the street door, and hallooed up to the bar-maid, and she came down as quickly as possible—there happened to be a person in the tap-room who heard me, and he came out to ask what was the matter—from the time I saw the clock fixed, till I saw it unfixed, no person entered the coffee-room but the two prisoners, Hill and Honeyman—Page came in with them, he talked, and drank with them.
Cross-examined by MR. PRENDEROAST. Q. Do you know there is a convenience to which persons go, behind the coffee-room? A. Yes, I supposed he was going there—you go right through the coffee-room to get at that—only one man was in the tap-room who just came in at the time—I had not seen the man in the tap-room before the clock was removed—the tap-room door is near the coffee-room door, but it is nearer the street-door—the man in the tap-room had lodged two or three nights in the house—I have never seen the face of that man since, but he never went into the coffee-room—as I stand at the bar of the public-house, the tap-room door and the coffee-room door are both at the left, and to get the water you go a little to the right—I was in the bar—the clock was pot behind the bar-door without my seeing it—the bar-door goes on the right into the coffee-room—nobody else went into the coffee-room but the prisoners—the other man had not lodged there that night—he was not there before the prisoners came in—he went into the tap-room—I do not know his name, nor where he is to be found—I cannot exactly tell how soon he went off after this alarm.
Cross-examined by MR. DOANE. Q. Page did not move from the place at the bar? A. No, he stood at the counter of the bar, when these persons went into the coffee-room—he drank with them, but he did not more from the bar till he went out with the policeman.
MR. PRENDERGAST. Q. Were you not scrubbing the floor? A. Not when I was serving them—when I saw them whispering, I would not do any work during the time they were there.
MR. PHILLIPS. Q. Can you tell us whether the man's name was Eland, that my friend has been asking about? A. I do not know his name—I sent him for the constable.
COURT. Q. If he had gone into the coffee-room you would have known it? A. Yes, he did not go there—the three prisoners came in together and called for the half-and-half, and drank together.
WILLIAM PATTEN DONKIN CHUBB . I am landlord of the King's Head public-house. On the morning of the 19th of May, my clock was detached—I saw it safe the night before—I was called about eight o'clock that morning, and found the clock on the outside of the bar-door leading into the coffee-room,
covered with two handkerchiefs—I have known Eland, the traveller, a considerable time—he kept a public-house at Aylesbury—he went for a constable, and went to Bow-street with me—this is my clock—(looking at me)—neither of these handkerchiefs belong to me—I saw one found on Page.
Cross-examined by MR. PRENDERGAST. Q. Have you seen Eland once? A. Not this last fortnight, but I saw him after the transaction six or eight times for five or six days—I do not know what has become of him, but I heard he was at Chatham—he is a compositor—he lodged with me three and four times in a week sometimes—I have refused him lodgings when the beds have been full—I told him I would not give him a lodging unless I was paid—I was not paid entirely.
ROBERT ANDERSON (police-constable F 104.) I was called in and took the prisoners—I found the clock on the floor, and took it away—it was covered over with two handkerchiefs—the three prisoners were there, they denied the charge.
JURY. Q. When they were searched, had they pocket handkerchiefs in their pockets? A. I found one on Page, but none on the other—they had one blade of a knife.
Cross-examined by MR. PRENDERGAST. Q. You will not venture to swear to the one you found the handkerchief on? A. I believe it was Page.
(Hill received a good character.)
HILL— GUILTY . Aged 24.— Confined Six Months.
HONEYMAN— GUILTY . Aged 22.— Transported for Fourteen Years.
PAGE— NOT GUILTY .
MICHAEL KING . I am a labourer. On the 2nd of June I fell in with the prisoner, on the road at Islington—there was another woman with her—it was between eleven and twelve o'clock at night—I had been drinking, but was not drunk—I treated these women with some gin—I went into one public-house with them in Barnsbury-street—very close to the public-house, they pulled me about, got me down on the ground, and got this shirt out of my pocket, and a few shillings in money—I had put it into my left side trowsers pocket—I took it out, and put it into my coat pocket, behind—I lost about 2s., which was taken out of my pocket when I was on the ground—they did not keep me down many minutes—I had a bundle in my coat pocket, containing a shirt—they took that away—one woman went away—the prisoner remained with me—I went after the other, because I asked the prisoner where the shirt was, and she said the other had got it—I went to her—she said the prisoner had it—I came back, and found her, and Otto accused her of stealing the shirt, and told the constable—the shirt was found on her—she denied having it to the officer.
THOMAS PETHERIDGE . I was the policeman. A lad called me up, and told me a female had taken a parcel out of a man's pocket—I went back with him, and met the prisoner—we all three went across to the prisoner,
and he accused her of taking a parcel from his pocket—she denied it, and said she had not got it—I said, "Let me see," and found it under her shawl, under her arm—she then said, "I was only keeping it for him."
WILLIAM HUDSON OTTO . A little before twelve o'clock I went to the Rainbow for half a pint of beer, and the prosecutor was treating two women with some gin-and-water—then they had some gin, and then he went out over by the chapel—the two women followed him, and the prisoner took something from his pocket, but I do not know what it was—I got the policeman, liceman, and then it was found on her.
Prisoner's Defence. He had another female with him, and he asked me to go in and have some gin—I went in, and then I came out, and the woman gave me this parcel—I did not know what it was—I was speaking to Otto, and he continued with me till the prosecutor went away with the girl, and then he came back and asked me for the bundle—I said the woman gate it me—I did not take it from him.
GUILTY .* Aged 39.— Transported for Ten Years.
ROBERT EVERETT LINSEY . I am a linen-draper—I have a partner—we live in Great Titchfield-street. I saw the prisoner in my shop on the 2nd of June, and saw her extract a piece of silk handkerchief from the window—I followed her, and accused her of it—she denied having them—I took these four handkerchiefs from under her shawl—she would not come back with me, and I gave her in charge—they are ours.
Prisoner. They were given to me.
GUILTY .* Aged 19— Transported for Seven Years.
1484. THOMAS OWEN was indicted for stealing, on the 6th of June, 1 watch, value 3l.; 1 watch-chain, value 1s.; 1 seal, value 1s.; 2 watch-keys, value 1s.; 2 sovereigns, 1 half-sovereign, and 1 four penny-piece; the goods and monies of Charles Whitecock, from his person.
CHARLES WHITECOCK . I live at Armitage, in Staffordshire, and am a boatman. On the 6th of June I was on board Robins's boat—I came up with it to the Paddington Canal—I had a watch in my watch-pocket—I had two sovereigns, a half-sovereign, and a four penny piece, in my waistcoat pocket—I laid down in the boat, and went to sleep, at nine o'clock—I do not know who was in the boat—I awoke at one o'clock—at that time my watch and money were safe—I went to sleep again, and awoke at two o'clock, and then my watch and money were gone—I looked about to see who had taken my money, but I could not find any one—I went away, and then went to the boat again—a young man who was in the boat with me told me something—from what he said, I looked about, and the watch was found—this is my watch—(looking at it.)
Cross-examined by MR. DOANE. Q. Was it your mate, Dennis, who told you something? A. Yes, and I went with him to look after a person—I was at the Yorkshire Stingo, when I had the prisoner taken up—he was in company with a man named Seeley, who was taken, but let go—he
belonged to the boat adjoining mine—it would have been very easy for Seeley to have come from his boat—I was not drunk.
JOHN DENNIS . I am a boatman on board the same boat. On the 6th of June, when I was going on board, about two o'clock in the morning, I met the prisoner going away—he said he had been on board—the next day we took him and the other man in Chapel-street.
JAMES COLE . I am a policeman. I was on duty in the New-road—Dennis came to me and said his mate had been robbed of his watch and some money—I went with him to Chapel-street—he pointed out the prisoner and another man—I took them, and told them they were accused of robbing a man of his watch and money—I took them to the station-house—I found two sovereigns, thirty-six shillings, and sixpence in silver, four-pence in halfpence, and the duplicate of a watch on the prisoner.
GUILTY . Aged 22.— Confined Six Months.
HENRY WINDILCKIN . I live with Mr. William Thompson, a baker, in Great James-street, Lisson-grove. The prisoner was his journeyman for about seven months—on Wednesday morning I got up about half-past six o'clock—I had occasion to look under the weighing-machine, and found a sack warm—I opened it, and found a two-pound hot loaf—I laid it there again—after that I saw the prisoner place it at the bottom of the barrow, and place his other bread to serve his customers on the top of the barrow—next morning I saw another loaf there, and he again put it at the bottom of his barrow—he took the same quantity of other bread, which is fifty 4lb. loaves, the same as the day before—on Friday I got up at the same time, and saw another loaf placed in the same manner—I told my maiter of it then, and he told me to watch him more closely—on Saturday I got up at the same, time, and saw two 2lb. hot loaves in the same sack, in the same manner as before—I saw him take them and place them at the bottom of the barrow, as before, and place the other bread over them.
Cross-examined by MR. DOANE. Q. Were you the last to go, to bed at night? A. Yes—I locked up and kept the key—I locked up the shop safe at night—it was. the prisoner's duty to get up before me, and call me—I had not lost the key of the shop in the night—when, I first came down I went in, and found the loaf—no one saw it but myself.
WILLIAM THOMPSON . I am a baker. The prisoner had 18s. a week, and four 2lb. loaves and half a quartern of flour for his wife and family—in consequence of what Windlekin told me I had him taken into custody.
NOT GUILTY .
OLD COURT.—Friday, June 22nd, 1838.
First Jury, before Mr. Sergeant Arabin.
1486. HENRY BUTLER DOWIE was indicted for feloniously breaking and entering the dwelling-house of William Moody, on the 27th of May, at the Inner Temple, and stealing therein 19 spoons, value 7l. 10s.; 1 eye-' glass, value 10s.; and 1 pair of sugar-tongs, value 2s.; his property; to which he pleaded
GUILTY . Aged 15.— Transported for Ten Years.
ANN CARTER . I am the wife of John Carter, and live in Hackney-road, in the parish of Bethnal-green. On the 19th of June, about 11 o'clock a night I was in the back parlour and heard somebody come into the shop—I got up and saw it was the prisoner—he took the clock off the counter and ran off with it—my husband immediately pursued him, and I followed—I found the clock in the street, between our house and the next—I think I have seen the prisoner in the shop before.
JOHN CARTER . My wife alarmed me—I ran out and found the prisoner about three yards from the house—he threw the clock down on the pavement and ran about fifty yards. I called "Stop thief," and the policeman stopped him—he was never out of my sight—this is the clock—(looking at it)—it is worth 15l.—it is my dwelling-house.
GUILTY .* Aged 22.— Transported for Fifteen Years.
1488. GEORGE GREEN was indicted for feloniously forging and ultering on the 4th of May a certain receipt for 5l. 11s., with intent to defraud Edward Dennis Lawless, and that he had been before convicted of felony.
MR. PHILLIPS conducted the Prosecution.
EDWARD DENNIS LAWLESS . I am a bookseller. The prisoner was in my service—on the 4th of May I gave Mrs. Lawless four sovereigns, a half-sovereign, and some silver, to pay Messrs. Sherwood a bill—some days afterwards the prisoner left my service without any notice.
PATIENCE LAWLESS . My husband left this money with me—I gave it to the prisoner to pay Messrs. Sherwood—he returned about an hour afterwards, gave me this memorandum, and told me he had had it receipted as I had told him.
MR. LAWLESS re-examined. I am positive this memorandum is in the prisoner's hand-writing—I have seen him write often.
JOHN FORSTER . I am clerk to Sherwood and Co. The prisoner did not pay me any money on their account on the 4th of May—the name "John Forster" to this memorandum is not my hand-writing—I know nothing about it—(read)—"Received 5l. 11s., for Sherwood and Co. JOHN FORSTER ."
Prisoner's Defence. I went and paid the money to one of the young men in the shop—I am not well acquainted with any of them.
GUILTY . Aged 18.— Transported for Fifteen Years.
(There was another indictment against the prisoner.)
Before Mr. Justice Littledale.
JOHN SHEPHERD . I am servant to Mr. John Logsden, and have the care of his farming stock, at Willatt's farm, South Mimms, Middlesex. On Saturday the 2nd of June, at half-past eight, I counted the sheep and lambs—there were nineteen lambs and ten ewes—I went into the field next morning at seven o'clock, and missed one lamb—I looked all round the field, and traced footsteps from there into another field—I there found the skin, the head, the entrails, and one kidney of the lamb I had missed—I knew it by the features—there was no mark on it—it was a cosset lamb, but I had had it in the house a week or ten days—the mother died, and I put it to another ewe—I went to the prisoner's house at South Mimms, on the Sunday, with Pye and Austin, two officers—it is his own house I believe, but I am not certain that he is not a lodger there—we found about 2 1/2 lbs. of lamb in the house, dressed—the prisoner's shoes stood under to bed—there were two beds in the room—there is only one room in the house I believe—I went with Pye and compared the shoes with the footmarks about the place where the lamb was slaughtered, and about a hundred yards from it, and they corresponded—it is about a mile and a half from where the prisoner lives—they were common labourer's shoes—there were some remarkable nail marks in the impressions—there were no nails in the heel—we only compared one shoe.
Prisoner. One tip of the shoe had been off for a week, and I had not worn them for three days before, and the shoe he swears to has a tip on it—I never wore it after that tip was put on.
THOMAS AUSTIN . I am a policeman. On Sunday I went with Shepherd to the prisoner's house—there is only one room in it I believe—I did not see any stairs—there is only one floor—he and his wife and two children live in the house—I found some lamb there dressed—it appeared to be boiled—there was a shoulder, loin, and breast altogether, but it was a small quantity, about 1 1/2 lb.—there was wool all mingled in between the shoulder and breast of the meat.
Prisoner. You did not find me in the house. Witness. He was close by—he had just come out of the house when I went in, and I called him back.
Prisoner. I waited on the bridge ten minutes before he called me—I might have run away. Witness. Immediately I found the lamb I went after him.
ISAAC PYE . I am a policeman. On Sunday, the 3rd of June, about four o'clock in the afternoon, I went to the prisoner's house, with Shepherd and Austin—he occupies the house himself—I found a pair of shoes under the foot of his bed—I took them to near where the lamb was slaughtered—I compared them with the footmarks for about fifty or sixty yards, between where the lamb was taken from and where it was slaughtered, and for about a hundred yards beyond, and then I came to a grass field—I compared both shoes in several places, but a tip had been put on the toe of one, which altered the shoe—the other parts of the shoe exactly corresponded with the nails—the ground was very moist there—they are common labourer's shoes, but not nailed regularly—I do not recollect seeing
shoes nailed in the same way before—I saw about 2 1/2 lbs. of lamb found in the cupboard.
Prisoner. I had not worn the shoes for three days. Witness. They were quite wet.
NOT GUILTY .
1490. JOSEPH GODDARD was indicted for burglariously breaking and entering the dwelling-house of Thomas Henry Kennard, at St. Luke's, about the hour of eleven in the night of the 16th of January, with intent to steal, and stealing therein, 5 pillow-cases, value 8s.; 6 napkins, value 8s.; 4 towels, value 7s.; 3 shirts, value 15s.; 2 shifts, value 5s.; 1 sheets, value 15s.; 2 handkerchiefs, value 6s.; 2 flannel-jackets, value 7s.; 3 petticoats, value 7s.; 1 table-cloth, value 3s.; 1 cap, value 9s.; and 2 waistcoats, value 2s.; his goods.
THOMAS HENRY KENNARD . I live at No. 11, Long's-buildings, St. Luke's, Middlesex; I occupy the house, and keep a beer-shop there. I know the prisoner—he came to my house, between ten and eleven o'clock, on the night of the 16th of January, with four others—they went down stairs into the skittle-ground, which is the cellar—there were two candles in the room when they came in—they went from the cellar up into the smoking-room, on the first floor, where there is a skittle-board—they ordered a pot of ale, which my wife took them—they put the candle out in that room, and called for a light twice—I took them one—the prisoner was not then in the room—there were only the three of them there who had come in with him—I took them a light twice—the prisoner was in the room the first time I took the light, but not the second—after that, I heard footsteps of a person walking about in the room overhead, which is my bed-room—I took a candle to go up stairs, and met the prisoner's brother coming out of my bed-room—he was one who had come in with the prisoner, and was in the smoking-room the first time I took the light, but not the second time—I collared him, and asked what business he had there, and the prisoner rushed out of the bed-room, with a pillow-case under his arm, containing the articles named in the indictment—he knocked the candle out of my hand as he passed his brother and me—he took the pillow-case away with him full of articles, and made his escape—I did not see him again till I was sent for to Worship-street, three weeks or a month ago—I am certain he is the man—I never saw him before that night—when I saw him at Worship-street I selected him out from five others—I had not been in the bed-room myself for some hours before—the door was not locked at that time—I latched it the last time I came out—the drawers were locked which contained the property.
Prisoner. I was not in the house on the night of the robbery—the prosecutor can tell who he got the property back from. Witness. From a person named Cannon—T do not know who he got it from.
Prisoner. I gave information to the police, who Cannon got it from, and he would not give that person into custody. Witness. I know nothing about that at all.
Prisoner. The policeman came to me in the cell, and I was informed he
told the policeman he did not know Barker, from whom Cannon got the property. Witness. I did not tell the policeman so.
CHARLOTTE KENNARD . I am the wife of the last witness. On the 16th of January five men came to our house, between nine and ten o'clock, but I did not see them when they came in—I first saw them about half-past ten o'clock, when I carried the pot of ale in—there were five in the room then—they were in the parlour, on the first floor, playing at the skittle-board—the stair-case leads from the skittle-ground to that room—after I took them the pot of ale I went into my bed-room, which is a story higher, immediately over the parlour—it was then about twenty minutes to eleven o'clock—(I had been to the room about two hours before)—I did not remain there above three minutes—I left the door fastened with a latch—there was no lock to it—I am quite sure I latched it—my drawers were all locked and perfectly safe at that time—my husband was then down stain, in the ground-floor parlour—he went up a few minutes after I came down, and I heard him call for a light—I took one up, and he was on the stairs, with the prisoner's brother—I did not see the prisoner on the stairs myself—he had escaped previous to my getting up—my husband was struggling with his brother, who had a large white parcel under his arm—I went down and called the police—I afterwards went up stairs to my bed-room, and found various articles distributed about the bed-room, the drawers broken open, and the linen taken out—they were locked when I was last in the bed-room, a few minutes before—I found the locks wrenched off, and lying at the bottom of the drawers—I missed some sheets, pillow-cases, my husband's shirts, and a variety of articles—the greatest part of them were found three or four days after in the skittle-ground, which is the cellar—I was the first that picked the bundle up, when I went down to turn off the ale.
Prisoner. The prosecutor said just now that he received it from Cannon. Witness. I do not know Cannon.
THOMAS GEORGE CHEESEMAN KENNARD . I am the prosecutor's son, and live with him. On the 16th of January I went into the skittle-ground, between five and six o'clock, and saw four or five men come in between nine and ten o'clock—they came in together—it was after nine o'clock, I am sure—one of them is named William Barker, and another Bags haw, or Bags hot—the prisoner was also there—he was one of them—I never saw him before, but I am certain he is one of the men—William Barker paid for a pint of half-and-half—the prisoner and Barker proposed to go up stairs, and they all went up together, about a quarter past ten o'clock—I did not leave the house at all, but I know nothing of what happened up stairs.
JOHN COLLARD . I am a policeman. I received a note from the prisoner sometime after he had been committed, wishing to see me in the cell, to give me information that Barker was concerned in the robbery, and that he was not—the note is his own hand-writing—I had seen his hand-writing before, but never saw him write—he acknowledged it to be his hand-writing when I went to the cells to see him—I took it to Mr. Codd, the Magistrate, who said he saw no grounds for the apprehension of Barker—(letter read)—"Newgate, 29th May, 1838. Mr. Collard, You sent word to me, that if I could get any witness that Barker was concerned in the beer-shop robbery you would apprehend him. Young Kennard swore that he went up Stairs with me to play at skittles. If you will go to Mr. Kennard, sen., and ask who put the things down the cellar, he cannot deny that it was Barker's
wife, and he opened the cellar flap. He said if he could get his things back to the prosecutor they would not appear against my brother. Barker sent word it might be, for he settled with Kennard, so that they would not appear against him. If you can get an order from the Magistrate, I should like to see you as soon as you an."
Prisoner. The policeman has seen me repeatedly since, but never apprehended me, and I have been in the prosecutor's house repeatedly since and he never gave me in charge.
THOMAS HENRY KENNARD, SEN . re-examined. Q. Did you see the four or five men come in that night? A. I saw them pass through the shop as I stood in the bar—it was then near ten o'clock—it was considerably after nine o'clock—the property was produced here in February Session—where the prisoner's brother was tried for the robbery, and transported for ten years, on that and another indictment—I had no orders to produce the property now—I have it at home—the prisoner has never been to my house since the 16th of January.
Prisoner. I was there seven weeks ago last Wednesday. Witness. He was not.
Prisoner. There were some policemen drinking there the last time I was there. Witness. No policeman has been to my house since the 9th of March last.
Prisoner. I stated the names of the policemen to the Magistrate, who were there drinking—he desired the inspector to inquire about it, and he found it true. Witness. I know nothing about it—he told the Magistrate there were ten policemen at my house, all in private clothes—Mr. Codd, the Magistrate, asked him how he knew them to be policemen—he said by their names—he asked him their names, and he gave him two names, but could not give any more—the Magistrate said, how then could he know them to be policemen—I have heard nothing of the Magistrate inquiring about this—I did not get any information from Cannon about apprehending Barker—my wife found the property in the cellar—a person named Cannon told me it would be brought back—it was all brought back, except a handkerchief—I sent information to the inspector of what Cannon had stated.
COURT. Q. Did you go and examine the room afterwards? A. Yes, and found the drawers broken open, things strewed about, and several pieces of burnt paper, which they had had for a light.
Prisoner to MRS. KENNARD. Q. Cannon is a short man, and a shoemaker; you said you did not know him? A. No, I do not; I never heard the name before.
Prisoner's Defence. I was not in the house on the night of the robbery—I have subpoenaed some witnesses who were drinking there, to prove I was not in the house.
ANN GATTER . I am a widow, and live at No. 8, Wellington-street, St. Luke's. I know the prisoner—he was not in the habit of coming to my house—I was in company with him on the night of the robbery, which was Tuesday, the 16th of January, at No. 16, John's-row, St. Luke's, at the ✗k of the City-road—I do not know Kennard's house, nor Long's-✗dings—there were four or five more in our company—a son-in-law of ✗e had a gentleman articled to him that day to learn his business of ✗h-finishing, and we had a party—the prisoner came between seven ✗ eight o'clock, and staid, I should consider, till about one o'clock, or it
might be after—I cannot say to a quarter of an hour—I recollect it was on the 16th, on account of the paper that was signed that day, or I should not have known it—I had only known the prisoner a very short time before—he was acquainted with my son-in-law—I do not know how long he had known him—we had some bread and cheese for supper, and some beer to drink—I am positive it was the 16th.
THOMAS HENRY KENNARD re-examined. This witness swore at Worship-street that it was on the Friday or Saturday night that he was with her all night—she was examined at the time the prisoner was committed.
ANN GATTER re-examined. I told Mr. Codd I could not tell the day of the month, but I could gain information what day it was, if he gave me time—I said I was taken at a nonplus, and could not swear to the day—I did not mention the 19th, nor any day—I said I was taken by surprise, and could not recollect it.
CATHERINE WELCH . I live at No. 7, George-place, Holloway; I did live at No. 16, John's-row—I am married—ray husband is a watch-finisher—I am not Mrs. Gatter's daughter. On Tuesday, the 16th of January, the prisoner came to our place between seven and eight o'clock in the evening, and staid till between one and two o'clock in the morning—he never left my room from the time he came in till I let him out—I recollect to day, because that day my husband had a man to learn the watch-finishing—we had a baked leg of mutton for supper, and beer—I was not before the Magistrate—I am positive it was the 16th—I could have brought the stamped paper had I known it would be wanted—the party consisted of nine—the mutton was hot—there was enough supper for us all.
MR. KENNARD. At the office, the witness Garter swore positively to its being on Friday, the 19th, or Saturday, the 20th—several witnesses in Court will prove that—it was not that she did not recollect the day, but the swore to it positively.
JOHN COLLARD re-examined. I was present when the witness Gatter was examined before Mr. Codd—she swore the prisoner was in company with her on the evening in the week the robbery was committed, but she would not confine herself to the day—what she said was not taken down—the Magistrate asked her distinctly whether it was Monday, Tuesday, or Wednesday—she said she would swear it was neither Monday, Tuesday, nor Wednesday—he then asked if she could recollect which of the other days it was—she said she could not, but she thought it was Friday—he asked her again whether she was sure it was not Monday, Tuesday, or Wednesday—she said she was sure it was neither of those three days.
Prisoner. She said she was not certain what day it was, but she could find out by getting the paper from her son-in-law, and let the Magistrate know the next time—my witness's evidence is correct—I was not in the house on the night of the robbery—I have been in the habit of passing the prosecutor's door several times every week, and have been served by him twenty times since the robbery.
GUILTY . Aged 23.— Transported for Ten Years.
(There were two other indictments against the prisoner.)
1491. HANNAH TOPY was indicted for unlawfully, maliciously, and feloniously assaulting Ellen Ryan, on the 3rd of June, and stabbing and cutting her on the right arm, with intent to maim and disable her.—2nd COUNT, to do her some grievous bodily harm.
ELLEN RYAN . I am a widow, and live at No. 2, Whitehorse-court.—I work for Mrs. Burn who lives in the same house, and takes in slopwork—her husband is a labourer—the prisoner also worked for her. On Sunday, the 3rd of June, I was getting my dinner, and the prisoner came in—Mrs. Burn asked her to come to dinner—she used a very low expression, saying she and her b——dinner—Mrs. Burn was peeling some potatoes—the prisoner caught hold of Mrs. Burn's little boy, who is about two years and a half old, and knocked him down on the floor—Mrs. Burn went to pick him up, and the prisoner caught hold of her by the hair of her head, and began to strike her—I told my daughter to come and part them, which she did, and Mrs. Burn ran down stairs for the policeman—the prisoner then turned to my daughter, caught hold of her, struck her and bit her finger—my daughter ran into another room, and then the prisoner turned upon me and bit me under the arm—she then caught hold of a knife on the table, and stabbed me in the muscle of the right arm—I knelt down on my knees begging for my life, as I was bleeding, and she stabbed me in my hand and the corner of my eye—I begged for my life, and said, "Pray, Hannah, I never offended you, and do not you take my life away"—she said, "You old b——, I have you now, and I will do for you"—she did not say anything else—she then heard the policeman coming up stairs with Mrs. Burn, and ran into a corner of the room, and laid herself down on a mattress—I do not know whether she had been drinking—it was a white-handled dinner knife she stabbed me with—we found it on the Tuesday following, on the floor under the mattress where she had lain—I know it is the same knife because I had seen it in her hand—no doctor was called in to attend me—I had some strapping put on my arm—it is not quite well now—it bled a great deal—I was all over blood—the cub on my hand and eye are healed—the bite is not quite healed.
Prisoner. She treated me to two pints of ale on the Sunday. Witness. I did not—I gave her a penny in the morning, towards half a pint of ale.
MARY BURN . On Sunday, the 3rd of June, I was peeling some potatoes—the prisoner came into the room—I said, "Hannah, come and have your dinner"—she used bad language—I did not see what she did to Ryan—something else occurred and I went for a policeman.
ANN FRY . I am the wife of Samuel Fry, and daughter of Ellen Ryan. On Sunday, the 3rd of June, I was in Mrs. Burn's room—I came to see my mother who was very poorly, but she was gone to chapel when I got there—I stopped till she ca, me in—we were at dinner when the prisoner came—I saw her take Mrs. Burn by the hair of her head, and drag her from one end of the room to the other—a little boy, two years and a half old, came to her to caress her, and she up with her foot and kicked the child down—she tore and beat Mrs. Burn, and I came between them—Mrs. Burn got away and went after the police—the prisoner then turned upon me and bit my finger through and through, and tore almost all the hair off my head—she turned round to the table, took a small cheese knife off, and stabbed my mother in the right arm with it, in the hand, and in the side of the eye—my mother begged her life—the prisoner said she would do for her now she had her under her hands—Mrs. Burn and the policeman came in then.
SYLVANUS GILL . I am a policeman. On Sunday, the 3rd of June, about four o'clock in the afternoon, Mrs. Burn came to me—I went with her to her room, and there saw Ellen Ryan bleeding very profusely in the arm—she had slight marks near her eye and in her hand—the wound in
He arm about half-an-inch long—it was such a wound as would be saficted by by knife—the prisoner was lying on a mattress in the corner of the room—Ryan told me to take her into custody for stabbing her—the prisoner heard it but said nothing, till I told her to get up and go with me to the station-house, for stabbing the prosecutrix—she said she Would not go with me, nor all the police I could fetch—I laid hold of her and she bit be in the legs—I was obliged nearly to strangle her before she would let so—I got assistance, and got her at last to the station-house, by strapping her on a stretcher and carrying her—she appeared to have been drinking, but was not intoxicated—she was rather the worse for liquor—search was made for the knife but it could not be found then—it was given to me yesterday by the prosecutrix—the wound was such as might be inflicted by such an instrument—I produce it.
ELLEN RYAN re-examined. That is the knife, it was found under the mattress—I gave it to the policeman yesterday—I kept it till then. (The prisoner put in a written defence, stating that she had been drinking with the witnesses, and had a few words with Mrs. Burn, who immediately inch her, which she returned, and then Ryan and Try both attacked her and tore on her clothes off, and that she had never touched the knife.)
GUILTY of an Assault only.—Aged 30.— Confined Eighteen Months.
1492. JOHN GAGAN and STEPHEN OXFORD were indicted for feloniously breaking and entering the dwelling-house of Joseph Sear, on the 27th of May, and stealing therein I shawl, value 6s.; I cloak, value 18s.; I work-box, value 2s.; I fan, value 1s. 6d.: and 3 yards of calico, value 1s.; the goods of Mary Laurence; and I handkerchief, value 2s.; 36 penoe, and 24 farthings; the goods and monies of the said Joseph Sear.
MARY LAURENCE . I am in the employ of Joseph Sear, who keeps a shop in Bedford bury. He does not live in the house—I live there—on Sunday morning, the 27th of May, I left the house—I fastened the shop and the other doors—we have only the shop, parlour, and cellar—I do not know how many rooms there are in the house—you can go from our part of the house to the rest of it—every thing was safe when I went away—I returned about half-past ten o'clock at night—I had bolted the back door inside—I went in at the street-door, and then into the parlour—I observed that a box in the parlour was forced open, and missed from it a shawl, a cloak, a fan, three yards of calico, a work-box, and 2s. worth of coppers of mine—I had left a silk handkerchief on the table when I went out, and that was gone—two squares of glass were broken in the side window to attempt to throw it up—it was unscrewed, but could not be opened as it was nailed down—they had got over a fence which parts our yard from another, and taken a square of glass out of the folding doors, which separates our part of the house from the other, and that would enable them to get in.
WILLIAM BAILEY (police-constable P 68.) On Sunday, the 27th of May, I saw the two prisoners, about five o'clock in the evening, along with two other boys, just below the house, No, 41, Bedfordbury, and drove them away from there—I saw them again that same evening, a few minutes before nine o'clock, standing in the passage of the house, No. 41—there were four of them there—they saw me, and two of them ran out of the passage, and the other two remained in.
28th of May, I saw Oxford and another boy standing in Tarlors-buildings, at the bottom of Bedford bury, between nine and ten o'clock, and Oxford wished me to pledge a silk handkerchief for them—he took a handkerchief from his bosom, and pulled it partly out to show me—it was not Oxford asked me to pledge it—it was the other boy named Lane—I met them again between four and five o'clock—we were coming down the Arcade, and he told me he broke in first—I asked him about it—he said, he entered first through the back door window, and then let Gagan in—he did not mention Mrs. Laurence's name, but said the back-door window of the yard of the ale-shop in Bedfordbury—there if only one ale-shop there, and that Mrs. Laurence keeps—he said Gagan had the cloak.
Oxford. I never spoke to him at all. Witness. He did.
JOHN MAY . On Sunday night, the 27th of May, I saw Oxford, between ten and eleven o'clock, outside the One-Tun public-house in Chandos-street—he asked me if I wanted to buy a silk handkerchief for 2s. which he showed me—there was about 2s. worth of halfpence tied up in it—he then showed me a white silk shawl, and said he wanted to sell it for 6s.—I had told him I had no money to buy the handkerchief—I told him my father had lost a silk handkerchief out of his pocket a few days before, and, I would see if he would buy one—as I was taking the handkerchief to show my father, be told me, if he bought, it not to let it be seen about the neighbourhood—I returned it to him, and he tied the halfpence up in it again—he was going to open the shawl to show me—another boy came op, took the showl out of his hand, and ran away with it through the court.
WILLIAM BAILEY . I am going on for twelve years of age, and live with my father in Great May's-buildings, St. Martin's-lane. On Sunday night, the 27th of May, between seven and eight o'clock, I saw both the prisoners—I knew them before—I saw them go into Mrs. Laureneels house, No. 45, Bedfordbury—I think it is 45—I saw them go into the house where the woman sells ale—in about half-an-hour I saw them come out—Gagan brought out a black silk cloak under his jacket, and Oxford had a bit of calico in his hand—they had nothing when they went in—they said nothing to me—they did not come past me, and I do not know whether either of them saw me.
WILLIAM GRANT LIDDAWAY . I am assistant to Bird and Co. pawn-brokers, in Long-acre. On Monday, the 18th of May, the prisoner Gagan, to the best of my belief, came to our shop—I did not know him before—I am not quite sure it was him—he pawned a handkerchief for 1s. in the name of Lane.
NOT GUILTY .
NEW COURT.—Friday, June 22nd, 1838.
Sixth Jury, before Mr. Sergeant Arabin.
GUILTY . † Aged 13.— Transported for Seven Years.
GUILTY . Aged 47.— Confined One Month.
(The prisoner received a good character.)
MESSRS. ELLIS and CHAMBERS conducted the Prosecution.
WILLIAM WESTWOOD . I am a hosier, and live in Ray-street, Clerkenwell. On the 5th of June, the prisoner came and bought a pair of braces—he gave me a five-shilling piece—I gave him 4a. 6d. change—after he left, I looked at the crown-piece, and I and an officer went after him—we found him directly opposite the shop—he was taken to the station-house—I marked the crown there, and the officer took it—the prisoner was afterwards discharged.
Prisoner. I was not in the shop at all—no braces were found upon me.
Witness. No; but he had been away half an hour before be was taken—I have not the slightest doubt he is the man.
ANN CHAPMAN . I am a green-grocer, and live in Little Sutton-street, Clerkenwell. On Sunday morning, the 10th of June, the prisoner came and bought four pennyworth of greens—he gave me half-a-crown—I laid it on the table—he came back in a few minutes, and the half-crown was still lying on the table—he said he only wanted to give 3d.—I said they must be 4d.—he gave me the greens back, and took up the half-crown—he afterwards said he must have them, and gave me a half-crown beck, tod went away—I then examined the half-crown, and found it was bad—I gave it to Cook, the constable.
Prisoner. I gave her the half-crown, and she said to the woman at the table, "Is this a good one?" the woman looked at it, bit it, and said it was—when I said I would only give 3d. for the greens, she snatched them from me, and gave me the half-crown back—I then said, "Don't go in a passion," and gave her the half-crown again. Witness. There was a woman in the shop who looked at the first half-crown—whet he came back he took up that half-crown, and gave me another—the woman said it was not the same as the one he gave first.
Prisoner's Defence. The one I gave her was a good one—the man I know nothing about, and never was in his shop.
GUILTY . Aged 21.— Confined One Year.
NOT GUILTY .
NOT GUILTY .
MESSRS. ELLIS and CHAMBERS conducted the Prosecution.
ANN ELKINGTON . My husband keeps the Coach and Horses in Holborn. On Thursday, the 24th of May, about half-past eight o'clock in the morning, the two prisoners were there—Jordan called for some spruce—I served him with spruce, and Wilson with gin-and-spruce—it came to 4d.—Jordan gave me a half-crown—I looked at it, and it seemed to be good—said, "Don't change the half-crown, I have got a sixpence," and he threw down a half-sovereign—I told him it was a half-sovereign—he said he was much obliged to me, and took it up, and told Jordan he had better change the half-crown—he gave me a half-crown—I threw it into the till without looking at it, and then gave him 2s. 2d. change—Wilson asked me for a piece of paper to wrap the half-sovereign in—I gave it him, and they went away—I had hardly sat down before an officer came in, and in consequence of what he said I looked in the till—I had no other half-crown there, but the one they gave me, and that was a bad one—I gave it to the officer.
Cross-examined by MR. PAYNE. Q. Are you positive you had no other half-crown there? A. Yes; we make it a rule to take all out every night—I marked the half-crown, and the officer had it about three minutes after—I have never made any mistake about which it was gave me the half-crown.
Cross-examined by MR. BALLANTINE. Q. Was there any other money in the till before you threw the half-crown in? A. Yes; about 10s. in shillings and sixpences—I did not look at the money particularly.
SARAH FENTOCK . I am servant to Edward Sindercourt, who keeps the Magpie and Stump, in Fetter-lane. The prisoners came to my house about a quarter before nine o'clock on this same morning, and had two glasses of gin-and-spruce, which came to 3d.—Jordan offered me a good half-crown—he then said, "I think I have a sixpence, you need not give change"—he felt, and said he had not—when I returned the half-crown to Jordan, Wilson threw down another; and while I was looking at that, the officer came in, and took them into custody—I gave the half-crown to him.
ROBERT TYRREL . I am an officer in the General Post-office. About half-past eight o'clock on the morning of the 24th of May, I saw the prisoners in Giltspur-street—I followed them to the Coach and Horses, Holborn—hill and saw them both go in—they remained in about two or three mintues and then went towards Fetter-lane—I went into the Coach and Horses immediately, and in consequence of what I said, Mrs. Elkington looked in the till and gave me this half-crown—I desired her to mark it, and I marked it also—I then followed the prisoners, and saw them go into the Magpie and Stump, Fetter-lane—when they had been in two or three minutes I went in and saw the prisoners there—Fentock was looking at a half-crown—I said, "I have no doubt that is a bad one"—she said it was—I seized Wilson and found a good half-crown in his hand—I found one half-sovereign, six shillings, and eight sixpences, all good, in Jordan's waistcoat pocket, and one penny in half-pence—Fentock gave the half-crow to a young man who looked at it, and then it fell on the counter—Jordan made a snatch at it, but I got it.
Cross-examined by MR. PAYNE. Q. How came you to leave the Post-office,
to go after these persons? A. Knowing them, and considering what they were going upon, I considered it my duty to follow them—it was not my duty to be at the Post-office at that time—I have been a witness for the Mint a great many times—they give me 5s. or 7s. a day, according to the number of days—I have been an officer fourteen or fifteen yean.
COURT. Q. When you see persons doing wrong you feel it your duty to take them? A. Yes.
MR. FIELD. These half-crowns are both counterfeit, and from the same mould.
JORDAN— GUILTY .* Aged 23.
WILSON— GUILTY .* Aged 24.
Confined One Year.
NOT GUILTY .
1500. JAMES ORAM was indicted for stealing, on the 7th of May, I waistcoat, value 3s.; and I smelling-bottle, value 2d., the goods of William Henry Robinson, Esq., his master; and BENJAMIN HALL for feloniously receiving the smelling bottle, part of the said goods, well knowing the same to have been stolen.
WILLIAM HENRY ROBINSON , ESQ. I am a barrister, and have chambers in South-square, Gray's Inn—Oram lived me with as servant. On the 26th of May, between eleven and twelve o'clock, I left my chambers—I had placed font sovereigns in my desk, and when I returned they were gone—that led to the discovery of the loss of the waistcoat and smelling-bottle—I went to Oram's father, but could not And the prisoner—he was gone—this waistcoat and smelling-bottle are mine.
CHARLES HOBBS (police-constable S 73.) On the 5th of June, about a quarter past twelve o'clock, I found Oram in a hackney coach, in George-yard, Holborn—I found three keys on him, which he stated belonged to his master—and two duplicates of a smelling-bottle and waistcoat.
MR. ROBINSON. These two keys are mine—they belong to my chambers.
Hall's Defence. Oram gave the bottle me and said it was bis own.
ORAM— GUILTY. Aged 16.—Recommended to mercy by the Prosecutor. Judgment Respited.
NOT GUILTY .
(There was another indictment against Oram.)
WILLIAM JACKSON . On the 15th of June between twelve and one o'clock in the day I was at the Red Lion public-house, Brentford—I went in with the prisoner—I had a purse and a half-sovereign in my right breeches pocket—I fell asleep—I was awoke by Simpson, who told me something—I felt in my pocket, and my purse and money were gone, and the prisoner
also—I went after him, found him and charged him with it—he said he had given the purse and money to a boy of the name of Oliver—I kept him in custody, and Oliver brought the purse to me, but there was no money in it then—this is my purse—(looking at it.)
DAVID SIMPSON . I live in Margaret-street, Edgware-road. I was in the public-house, and saw the prisoner take the purse-out of the prosecutor's pocket and go out—I awoke the prosecutor—we went and found the prisoner in a field—he ran and threw the purse to Oliver, and ran two or three hundred yards, but we took him—he had no money on him.
Prisoner's Defence. The purse was taken from him by another man, and he gave it me to hold for the prosecutor—I went out—I never ran away till after I gave Oliver the purse.
GUILTY . Aged 35.— Confined Three Months.
WILLIAM VINER . On the 19th of June, a little after two o'clock in the afternoon, I was turning down the Minories—I felt a pull at my coat pocket—I turned round, and saw two boys running away—a person called out that my pocket was picked—I followed the prisoner, and called at to a person to stop him, which be did, and the prisoner threw down my handkerchief—(looking at it)—it is mine—I have the fellow to it in my pocket—the other boy ran in a different direction.
Prisoner's Defence. The other boy gave it to me, I did not steal it.
GUILTY . Aged 14.— Transported for Ten Years.
THOMAS BLACKLOCK . I am coachman to Walter Long, Esq., of Hill-street, Berkeley-square. On the 6th of May I was going to the coach-house in the mews, and met the prisoner coming out with my coat—I called to him—he stopped, and turned into Hill-street, and dropped the coat—I took it up and took him—this is my coat—(looking at one.)
GUILTY . Aged 18.— Confined Three Months.
JAMES HENRY PAUL . I am a printer, and live in Monmouth-street, Seven-dials; the prisoner was in my service as compositor. I had a large quantity of paper in my warehouse, which I did not open till Tuesday, the 29th of May—I sold ten reams of it that day, and the next day the person came to me who bought it, and said there were two quires abort—the paper which is now produced corresponds with some I have, and this "was traced to a house where it was found in this wrapper, which had some demy in it, but not this—I can swear to the wrapper, because it ii marked in the usual way by the exciseman.
eighteen quires—this is part of what I bought of him, and this wrapper as well.
Primer. I did not sell all the paper to this man.
GUILTY . Aged 34.— Confined One Year.
(There was another indictment against the prisoner.)
GEORGE MELVILLE HORTON . I lived at No. 39, Hatton-garden, Between nine and ten o'clock, on the 15th of June, I was on Holborn-hitt—I felt a twitch at my pocket—I turned on my left, and saw the prisoner stepping from the footpath to the road—I saw him put something into his lift-hand breeches pocket—I went and took him, about two yards from the footpath—he pulled out the handkerchief, and dropped it at his feet—this mine—(looking at it)—it has my mark—I an quite certain the prisoner dropped it.
Primer. I saw it lying in the road, and was going to Dick it up, Witness. No, he must have taken it—I felt it done—I have lost four in the last twelve months about the same spot.
GUILTY . † Aged 14.— Transported for TEN Years.
JOSEPH THOMAS (police-constable S 53.) I found these pots on the prisoner on the 8th, under the Quadrant, at Regent-street—he had two in each hand—I asked where he lived, which he could not tell me—I saw there were different names on the. pots and took him—I found on him a counterfeit half-crown.
GUILTY .* Aged 30.— Confined Six Months.
SARAH BRADLEY , I am the wife of James Bradley, and live at Southall. The prisoner is my daughter—we lost from our house a gown and shift on the 16th of June—these are mine—(looting at them)—she had no right to them—she bad been away from me for some time.
MARGARET BEASLEY . I received information, and stopped the prisoner on the 16th of June, as she was coming out of her father's door—I found on her this gown and shift and cap—she said she meant to rob the house, and what she could not wear she could sell—I kept her till her father came.
Prisoner. It is all false.
GUILTY .* Aged 20.— Transported for Seven Years.
1508. GEORGE CARR, alias Clarke , was indicted for stealing, on the 1st of June, I bridle, value 3s.; I collar, value 3s.; I pair of harness and traces, value 14s.; I saddle, value 1l.; and I breeching, value 5s. the goods of John Mitchell.
JOHN MITCHELL. I am a corn dealer, and live in High-street, Shad. well. On the morning of the 1st of June I went into my stable between ten and eleven o'clock, and my horse and bridle and collar and other harness were all gone—the horse was found not far from my stable—I went to Mr. Capes's, in Whitechapel-road, and found the harness there—I went to Blue-gate-fields with Mr. Capes and found the prisoner—he said he hoped I would not be hard with him.
Prisoner's Defence. I was in liquor at the time.
GUILTY . Aged 42.— Confined Three Months.
1509. WILLIAM FORREST was indicted for stealing, on the 24th of May, I gown, value 3s.; I work-box, value 5s.; I pair of ear-rings, value 4s.; I thimble, value 1s.; I ring, value 2s.; I brooch, value 1s. 6d.; 6 reels of cotton, value 6d.; and I pen-knife, value 1s.; the goods of Emily Jones.
EMILY JONES . I keep a milliner's shop in Wilstead-street, Somers Town. At half-past seven o'clock on the evening of the 24th of May, I was serving a customer in the shop, and Jane Wyatt called out—I went out and saw her in the passage with the prisoner—he had this gown and box—he dropped them as soon as I went into the passage—the box contains the articles stated.
JANE WYATT . I live at Miss Jones's. I saw the prisoner take the gown down—I did not see him take the box, but he had it—I called out and seized him, and he dropped the things—there was another boy who ran away.
(The prisoner received a good character.)
GUILTY. Aged 14.—Recommended to mercy by the Prosecutrix and Jury. — Confined Six Days, and Whipped.
1510. WILLIAM WOLSTENCROFT and MARTHA JACOBS were indicted for feloniously receiving, on the 8th of June, of a certain evil disposed person, 1 flute, value 30s., the goods of Samuel Burch, knowing it to have been stolen; against the Statute, &c.
SAMUEL BURCH . I keep a tobacconist shop in High-street, Camden Town. On the 8th of June, I went out in the morning and returned in the afternoon—I then missed a flute from my window—I had seen it safe at nine o'clock in the morning—this is it—(looking at it.)
FRANCIS SCOONES . I am a pawnbroker, and live in Turnmill-street, Clerkenwell. The female prisoner brought the flute to pledge with me on the 8th of June—I lent 12s. on it—she told me her father won it at a raffle—I had known her about four years.
Cross-examined by MR. PAYNE. Q. What time did she come? A. Between eight and nine o'clock in the evening—I think she asked 22s. for it—she said her father won it—I gave her a sovereign to get change.
prisoner where she got the flute—she said her husband gave it her (meaning of the other prisoner), and that other parties had given it to him to sell or pledge—I asked Wolstencroft who they were—he said he did not know them they were in the habit of being about the yard, or the place where he lived.
Cross-examined. Q. Were you at the mother's before the prisoners came? They came in while I was there—the mother sent for her daughter.
WILLIAM KING . (police-constable G 120.) I was in the man's cell at the station-house on the 9th of June, when Wolstencroft was brought in—he gave a note, which I have here—he told me to give it to the woman who brought his breakfast—(read)—"Dear Latimer, Have the kindness to go to the pawnbroker, and tell him, if he will give us the flute I will pay him again, and I shall be discharged."
Wolstencroft's Defence. I gave a description of the parties who asked me to pawn it.
NOT GUILTY .
SUSANNAH HARDEN . I live in Coppice-row, Clerkenwell On the 1st of June, at half-past ten o'clock in the morning, I was sitting in my back parlour, and heard a noise—I went into the shop, and missed these three boxes, which are my son's—(looking at them.)
BENJAMIN HARDEN . I was called by my mother—I ran out of the shop, and saw the prisoner and another—I followed, and collared the prisoner, who had these boxes with him—the other boy escaped—the prisoner begged of me to let him go.
GUILTY . Aged 18.— Transported for Seven Years.
1512. MARTHA JACQUIERY was indicted for stealing, on the 7th of may, 1lb, weight of tea, value 5s.; 3lbs. weight of sugar, value 2s.; 7lbs. weight of candles, value 14s.; 1 1/2lb. weight of preserved plums, value 1s. 6d.; 3/4 lb. weight of arrow-root, value 1s.; and 1 napkin, value 1s.; the goods of Thomas Duffield, her master.
WILLIAM HOOKER . (police-sergeant D 3.) On the 10th of May, about ten o'clock in the morning, I went, from information, to the Sawyer's Arms public-house—I went into a room on the second floor—the prisoner unlocked the door—I asked her if she had lived with Mr. Duffield—she said she had—I said I came respecting some candles—she said, "Very well"—I saw a drawer open, and some candles in it—I took them out, and said, "I suppose you brought these from your place?"—I saw some other things in a box, and I said, "Are these things yours?"—she said, "I suppose they are"—I found a caddy with some tea in it, and some sugar, and these other things—the paper the sugar was in had the mark of "19, Harley-street," on it, which is Mr. Duffield's residence.
BENJAMIN JOYCE . I am butler to Mr. Duffield, of No. 19, Harley-street. The prisoner was his cook and housekeeper, and had charge of the wax candles the tea, sugar, and other things—these things all correspond with
what we had in use at my master's—this box of preserves (looking at it) is just as it came in for a dinner party, and this sugar-bag has my master's address on it—I believe these all to be my master's.
Prisoner. These were my own candles—I took them, and the tea and sugar, and other things—the preserves I know nothing of—Mr. Joyce was in the room when I took my boxes away, and he packed them up for me. Witness. No, I did not—I lent her a packing-case to put some loose things in, and put some things into that—I did not put the things into the boxes.
CHARLES DELPHINI . I live with Mr. Roberts, a wax-chandler, in Chandos-street. We serve Mr. Duffield with candles—these wax candles, and the wrapper they are in, are the same as we sent to his house, and I am persuaded these are the articles.
Prisoner. My husband lived in Pall Mall, as a steward, and he used to deal at your house. Witness. I do not recollect it.
ELIZABETH CASEY . I live in Upper Rupert-street, and was employed I as a charwoman, at Mr. Outfield's. The prisoner desired me to go to Mr. Roberta's, and order some wax candles—the boy brought two parcels, and I brought one—they had a brown paper round them like this.
(The prisoner put in a written defence, stating that she had formerly been a housekeeper, and, on going to the prosecutor's, had taken some wax candles and several of her own articles there, and had used her candles at the house that she was discharged suddenly, and the butler had packed up her boxes she being absent part of the time.)
NOT GUILTY .
1513. MARTHA JACQUIERY was again indicted for stealing, on the 3rd of April, 1 coat, value 3s.; 1 frock, value 1s. 3 pinafores, value 1s. 6d.; 1 shirt, value 6d.; 1 petticoat, value 6d.; and 1 shift, value 6d.; the goods of James Cowell.
JANE COWELL . I am the wife of James Cowell, a butcher, in Chandos-street. The prisoner lodged in our house before she went to Mr. Duffield's—she left to go there—I missed the articles stated in the indictment.
WILLIAM HOOKER . I went to the Sawyer's Arms, and took the prisoner—I found a desk in her room—she said it contained her private papers, and ihe did not wish me to look at them—I took the desk to the station, and found in it twenty-one duplicates, and among them were three for the property now produced, which Mr. Cowell identified—at the bottom of the prisoner's box I found these two pinafores, one of them is marked Cowell, in full, and the other, J. C.
HENRY NASH . I am a pawnbroker. I produce several articles—they were pawned at our house, in the name of Jackson, but were taken in by a man who has left—the duplicates found by the officer correspond with those we have.
(The prisoner put in a written defence, declaring she had never pledged any thing which did not belong to herself; and that Mrs. Cowell had been is the habit of giving various articles to a Mrs. Smith, her sister, unknown to her husband, and had sent her (the prisoner) to Smith's with several articles.)
MRS. COWELL. I never authorised her to pledge any of these things) for Mrs. Smith, or any one—I never knew any one belonging to me pawn any thing—the prisoner never took any thing to my sister, but meat—she sent
for me to come to the prison to see her, but I had not then missed my things.
GUILTY . Aged 34.— Confined Two Year.
MR. CLARKSON conducted the Prosecution.
WILLIAM WEST (police-constable C 153.) I am stationed at the station-house in Hunter-street, Brunswick-square, and have been so for ten months. The prisoner had the care of the station, and the care of the men's things—this is my shirt—I did not authorise her to pawn it—it was on my bed—I told her to wash it, but not to pawn it.
GUILTY . Aged 45.— Confined One Year. (There was another indictment against the prisoner.)
WILLIAM HENRY APTHORP . I live in Belton-street, Long-acre. On the 14th of June I saw my fowls safe, at twelve o'clock at night, and at four o'clock the next morning I missed them—I do not know the prisoner—my fowls were fastened by the bolt of the area door—these two fowls—(looking of two)—are mine—I know them by the marks on them.
HENRY GRISS (police-sergeant F 1.) At a quarter before four o'clock in the morning of the 15th of June, I saw the prisoner and a boy come into Monmouth-street—I heard the boy say, "Here is a policeman—they ran—I pursued, and found the prisoner had these two fowls in her apron—the boy got away—she said she had bought the fowls.
NOT GUILTY .
MARY BUTLER . I am servant to the prosecutor. I left the flat-irons, on the 9th of Jane, in the tap-room—I saw the prisoner there—I went up stairs about ten minutes—when I came back, he and the irons were gone—these are them—(looking at them.)
Prisoner's Defence. It was not me that stole them—I was sent to pawn them by a young man.
(The prisoner received a good character.)
GUILTY. Aged 17.—Recommended to mercy — Confined One Month.
ANN PITHER . I am the wife of William Pither: he keeps the kings, Arms, Ranelagh-road, Thames-bank. The prisoner was our pot-boy—he came, on the 3rd of May, and told me that Mrs. Copeland wanted change for a £5 note—I gave him four sovereigns, and 1l. in silver—he went away, and I saw him no more till he was taken—I sent for Mrs. Copeland, and she had not seen him.
Prisoner. I bought some clothes and other things with the money, and was on my way down to lpswich, where I belong.
GUILTY . Aged 16.— Confined Three Months.
MARY ANN WOOD . I keep a shoe-shop in Berners-street. The prisoner was in my service—on the 1st of June I missed fourteen pain of shoes and six pairs of boots—I sent for a policeman—I told the prisoner what she was charged with, and she asked me to forgive her—I asked her to give up the property—she went into her bed-room, and took out one pair from under the bed—she said she could not take out any more, and asked the policeman to take them out, and he took out eleven pain more.
Cross-examined by MR. PAYNE. Q. Was any thing said to her beside your asking her about them? A. No—I did not make her any promise, nor threaten her—she cried, and showed me where they were.
(The prisoner received a good character.)
GUILTY. Aged 28.—Recommended to mercy by the Jury , Confined Six Months.
HUGH KENNEDY . On the 17th of June I was in a public-house in the neighborhood of Drury-lane Theatre, from eight to ten o'clock in the morning—I was sober, but I felt unwell, as I had had a long walk on the Saturday—I went out of doors—the prisoner and another followed, and offered me their service—at the same time the prisoner put his hand into my pocket, and I felt my money gone—the other got away—I challenged the prisoner with the robbery, and he put his hand behind him, and put it into his coat pocket—I lost a half-crown and a shilling.
Cross-examined by MR. PHILLIPS. Q. What made you so unwell? A. I had walked from Windsor—I then went to Drury-lane Theatre, to which I belong—I performed in two pieces that night—that and the walk made me ill, I was so tired—I then went to the public-house to treat a friend to some beer—we had four or five pots—I do not recollect how much money I paid—they wanted to get up a fight—I did not challenge anybody, nor offer to fight for money—I did stake 4s. 6d., but I did not wish to fight at all—I was willing at first, but at last I was not willing—I did
not know the man—I did not know all the persons I was treating—they appeared to be very badly off, and I let them drink—5s. a piece was money that was to be staked, but I only staked 4s. 6d.—I do not now why—I was not obliged to show what money I had—they wished me to sit down to go to sleep, and I did not wish it—I was in a public-house at the corner of Castle-street, Leicester-square, that night—I do not know that it is a gaming-house—it is only a gin-shop—I paid nothing there—I was in company with a great many persons.
RICHARD HAIGHTON . On the morning of the 17th of June I was going some flour, and coming through Red Lion-court, Drury-lane, I saw the prosecutor standing leaning against the wall—the prisoner was by his side, with his right hand on the prosecutor's waistcoat pocket—I heard the prosecutor say, "For God's sake don't rob me"—the prisoner said, "I have not a farthing in the world"—the prosecutor said, "You have; I will not (let you go till I give you in charge"—I did not see him take any thing from the prosecutor.
NOT GUILTY .
Fifth Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 13.— Transported for Seven Years.
1521. THOMAS BLEASDALE was indicted "for stealing, on the 2nd of June, 1 canvas bag, value 6d.; 40 sovereigns, and 20 half sovereigns; the goods and monies of Henry Manning, his master: also, on the 5th of May, 96 castors, value 3l. 12s., the goods of the said Henry Manning; to both of which indictments he pleaded
GUILTY .— Transported for Fourteen Years.
LUCY HALE . I keep a shoe shop, and am single. The prisoner Smith was my errand boy, and had been so for eight weeks—I was not aware that I had lost any property till the officer found the duplicate—I then went to the pawnbroker's, and saw the property, which is mine.
WILLIAM RANDALL (police-serjeant F 8.) I received information that Barrow the prisoner had been offering a pair of boots in pledge—I took the two prisoners, and found on Barrow three duplicates of boots—the prosecutrix went with me to the pawnbroker's, and identified them.
WILLIAM HENRY LUMLEY. I am shopman to a pawnbroker. I have a pair of women's boots which I took in from the prisoner Barrow, on the 26th of May.
BARROW— GUILTY . Aged 16.—
SMITH— NOT GUILTY .
SMITH— GUILTY . Aged 14.— Whipped, and Confined Six Days BARROW— GUILTY . Aged 16.— Confined Six Months.
JAMBS DAWSON . I live with my father, in Everett-street, Russell-square—he keeps an oil and Italian warehouse. The prisoner was his errand-boy for about a fortnight—on the 17th of May I had some money in a little tin box, in a roll of pictures, in a drawer at the top of the house—the drawer had no handle to it—I saw it secure about seven o'clock in the morning, and missed it about half past six o'clock in the evening, when I came home—I have never found the money since—my father accused the prisoner of it in the evening, in my presence—he would hardly sayy any thing, whether he had taken it or not—my father sent me round to the prisoner's mother—I lost one sovereign and a half out of 3l. 5s. which was in the box.
LYDIA DAWSON . I am the mother of James Dawson—he kept his money in the attic—on the 17th of May, my little son, nine years old, and the prisoner, were at home—my husband was out, and all my other sons—I have seven—nobody could get at the money but the prisoner—I keen no maid-servant—the prisoner was seat to the room where the money was, to clean the windows.
Prisoner. There were lodgers in the house. Witness. There was a lady and gentleman, but they went out that morning, and did not return till after the prisoner had left.
FREDERICK WILLIAMS (police-constable S 144.) I received information from the prosecutor's father, who went with me to the house where the prisoner lived—the prisoner's mother said she had not seen him—on the Wednesday following I saw the prisoner standing near the house—I went to him, and asked him his name—he said his name was Simmons—I took him, and said, "Your name is Thompson, is it not?"—he said, "Yes"—I said, "You know what I want you for"—he said, "Yes, for that money from my master."
JURY. Q. Had you told him of it before he went?A. Yes.
GUILTY . Aged 16.— Confined Three Months.
ELIZA LUMBERS . I am house-maid at Mrs. Parker's, in Lincoln's Inn Fields. The prisoner lived there as house-maid before me—there are two servants kept—I missed my shawl from the kitchen, and an apron, and a napkin, on the 2nd of June—the policeman came to the house to know if the prisoner had left any thing, and I told him I was robbed—the prisoner had been taken up on another charge—I have lived there since the 19th of April—I never lent her my shawl or napkin, or allowed her to take them, my, or to use them—she came to visit us after she left the service.
(Property produced and sworn to.)
MARY WESTON . I live in Fox-place, Gray's Inn-lane—my husband is a labourer. The prisoner lodged six weeks with me, and left me on the 6th of June—on the 2nd of June she brought the shawl and apron to my place, and said they were her own property—she had brought the napkin a few days before—I detained them for six weeks' lodging, which was 6s., till the officer came and asked if there was a shawl left with me.
GUILTY . Aged 20.— Confined Three Months.
1525. JOHN PERRY and ANN PERRY were indicted for stealing, on the 23rd of February, 5 pairs of stockings, value 2s.; 1 petticoat, value 2s.; 2 caps, value 1s.; and 2 pairs of drawers, value 4s.; the goods of Eleanor Thome: 2 shifts, value 2s.; 4 pinafores, value 4s.; 1 bed-gown, value 2s.; night-caps, value 2s.; and 2 pairs of stockings, value 2s.; the goods of Ann Day: 3 bed-gowns, value 7s.; 1 shift, value 2s.; 2 petticoats, value 8s.; 5 pairs of stockings, value 12s.; 6 handkerchiefs, value 2s.; 1 collar, value 2s.; 3 pairs of drawers, value 6s.; and 3 frills, value ls. 6d.; the goods of Louisa Tadman: 4 caps, value 1s. 6d.; 2 collars, value 2s.; and 1 handkerchief, value 1s.; the goods of Elizabeth Pinckney.
ELIZABETH PINCKNEY . I am servant to Miss Eleanor Thorne, who keeps a ladies' seminary, in Camden-terrace, Camden Town. On the 23rd of February I hung out in the yard the articles stated in the indictment—part of them were my mistress's, and part were mine—I saw them safe at half-past two o'clock—they were hung in the yard or paddock, surrounded by a high wall, six feet high, or more—I went out a little after five o'clock, and found the lines were cut from the trees, and the clothes and lines were gone—a Person could not have got them in any other way than by getting over the will—some of the property was found in May—this cover of a cap is mine —(looking at the articles)—this petticoat and two caps are my mistress's, and this pocket-handkerchief belongs to one of the young ladies at school—I am quite sure that these were a part of the property hung up to dry—I do not know either of the prisoners.
GEORGE ARNOLD . I am a pawnbroker. I produce a pair of stockings pawned on the 7th of April, in the name of Ann Smith, lodger, No. 10, Bethnal Green-road—I have no recollection of the person who pledged it—this is the duplicate I gave her—(looking at one)—I have the counterpart of it.
CHARLES BROCK . I am a biscuit-baker. I picked up a small paper Parcel, which John Perry threw away, in Pitfield-street, on the 9th of May, about ten o'clock—the policeman had him and the female prisoner in custody, and the man threw it away—I picked it up, gave it to another person and he gave it to the policeman.
John Perry. I did not throw it away—I put my hand into my pocket and pulled it out, and the tickets must have fallen—I did not know that they were there.
EDWARD WILD . I am a policeman. I went to the prisoners' lodging and found a number of duplicates, and a quantity of articles marked with the initials of different persons—I was at Worship-street office, and was directed to go and make enquiries about the prisoners' character, when they were taken on another charge—I found three caps, a pocket handkerchief and a petticoat, which relate to this charge, and some other property; also some publicans' glasses, and some duplicates.
WILLIAM HOLLAND (police-constable N 146.) I took the prisoners into custody—they live together, but I apprehended them in Charles-square, Hoxton, on a charge of stealing a pint pot—the witness gave me a picket containing twelve duplicates—this for the stockings is one which the male prisoner threw away, and this is the only duplicate which relates to this indictment.
JOHN PERRY— GUILTY . Aged 27. Transported for Seven Years.
ANN PERRY— NOT GUILTY .
1526. JOHN PERRY and ANN PERRY were again indicted for stealing, on the 17th of May, 6 collars, value 6s.; 4 petticoats, value 1l.;1 habit-shirt, value 1s. 6d.; 1 waistcoat, value 2s.; 2 handkerchiefs, value 2s.; 2 toilet-covers, value 3s.; 1 shirt, value 1s.; 1 shirt-front, value 1s.; 2 bed-valances, value 1s.; and 2 shifts, value 3s.; the goods of Oliver Lyndall: and 1 gown, value 2s. 6d. the goods of Mary Ann Whitticks.
MARY ANN LYNDALL . I am the wife of Oliver Lyndall, an insurance broker, of Park-place, Holloway. This property was all mine, except the gown, which is Mary Ann Whitticks, my servant—the property was taken from out of the garden, which is surrounded with iron palings, on the 7th of May—I saw it secure at a quarter before nine o'clock in the evening, and missed it at nine—I did not see either of the prisoners near the premises—I lost all the articles stated in the indictment and more—I have not found all the property—these are part of what I lost—(locking at some articles)—my name is on them—I saw them before the Magitrate.
JOHN ERDWEIN . I am landlord of a house, No. 2, Grady's-passage, Camden Town. The prisoners rented a room in my house—they came home, on the 7th of May, at half-past eleven o'clock at night, and went to their room, and on Tuesday the 8th of May, they went out, and I did not see them after that—the policeman afterwards came with the key of the door—my house is about three miles from Islington—the prisoners came home on Tuesday night, and went away on Wednesday, but I did not see them after Tuesday at all.
EDWARD WILD (police-sergeant N 12.) On searching the prison place I found these articles there all marked, and a number of duplicates of property, many of which the Magistrate allowed the lady to take out of
pledge, as she did not wish to come—the lady identified this gown, which was on the female prisoner at the time of her apprehension. MARY ANN LYNDALL. This gown is my servant's.
WILLIAM HOLLAND . I am a policeman. When I apprehended the prisoners I took them to the station-house, and on the male prisoner I found a door-key—he said he lived at No. 2, Grady's-passage, Camden Town—I have made every inquiry, and I believe the prisoners are not husband and wife—I believe her name is Ann Way.
John Perry's Defence. My wife bought these things when I was not with her.
JOHN PERRY— GUILTY . Aged 27.— Transported for Seven Years more. ANN PERRY— GUILTY . Aged 28.— Transported for Seven Years.
(There was another indictment against the prisoners.)
1527. SARAH MARSHALL was indicted for stealing, on the 24th of April, 2 pewter pots, value 1s. 6d. the goods of William Lee; 2 pewter pots, value 1s. 6d., the goods of George Harrison; and 1 pewter pot, value 9d., the goods of William Grayer.
EDWARD JONES . I am a policeman. On the 24th of April I met the prisoner in York-street, Bryanston-square, about ten o'clock in the morning, carrying a basket on her head—I stopped her, and inquired what she had got—she put the basket on the pavement, and was about to walk away—I desired her to stay, and on removing some cloths in the basket—I saw these five pewter pots—I inquired of her where she got them—she said she did not know, and then said she found them—I asked where she got the basket from—she said she found that—I again asked where she got the pots—she said she found them in the basket.
Prisoner's Defence. I saw the basket at the corner of a mews, and took it up, not knowing what it contained.
GUILTY . Aged 22.— Confined Three Months.
GEORGE CHAPMAN. I am a servant on the 20th of June I was looking in at a picture-shop, in Broad-street, Bloomsbury—I felt a tug at my pocket, and missed my handkerchief—I turned at the same moment, and saw the prisoner going away from me, about three yards from me—he appeared to be looking in his hand, as if he was looking at something—I went after him—he saw me, and threw my handkerchief down—I took it up, followed him, and secured him—I did not lose sight of torn for a moment.
Prisoner. I took up the handkerchief, and was looking to see if I could see any name on it—was there any one else by the side of you?
Witness. There were two or three persons looking into the shop I saw him throw the handkerchief down—he ran a hundred and fifty yards before I caught him.
GUILTY . Aged 22.— Confined Three Months.
ROBERT JOHN BUSH . I am in the service of Mr. William Henry Bickers, of Leicester-square—he is a bookseller. These books—(looking at them) are his property—they were outside on his show board, on the 8th of June.
BRADLEY THOMAS BATFORE . I am in the service of the prosecutor. On the 8th of June, from half-past eight till nine o'clock, I was watching my master's shop, and saw the prisoner rumpling something up in his apron—I went to him, and he threw these books on the show board again when he saw me—I took him, and he said he did not mean to take them, that he was reaching another book and they fell into his apron—I called Mr. Bush who gave charge of him.
Prisoner. I merely stopped to look at another book, and these fell down—I never touched them.
GUILTY .—Aged 25.— Confined One Month.
1530. CHARLES PEARSON was indicted for stealing, on the 27th May, 1 waistcoat, value 2s. 6d.; and 1 pair of shoes, value 2s. 6d.; the goods of Thomas Hipson, in a certain barge, upon a navigable river called the Thames.
MR. BANNANTINE conducted the Prosecution.
THOMAS HIPSON . I am employed on board a barge which was lying off Stand-on-the-green, in the parish of Chiswick. This waistcoat and shoes—(looking at them)—are mine—I was on board the barge on the 26th of May—I went to bed at night, and when I awoke next morning they were gone.
ROBERT GRIFFIN . On the morning of Sunday, the 27th of May, I saw the prisoner come out of a boat at Stand-on-the-green—there was another person with him—the prosecutor's barge was about fifty yards from there—I saw them go to the Ship public house—I watched them and saw the prisoner come back to the boat—I followed him—he observed me and ran back again to the Ship-yard—I overtook him and asked where the waistcoat was which he had taken out of the barge—he said if I would go with him up the back lanes he would give it me—I searched him and found the waistcoat in the back of his trowsers—I asked him where the shoes were—he said if I would go to the boat, from which he came, I should find them, which I did.
Prisoner. I went on board the barge and picked up this waistcoat and shoes—being a little in liquor I did not know whose they were.
GUILTY Aged 22.— Confined One Month.
29th of May, I saw the prisoner at our door several titties—that is a quarter of a mile from Mr. Norbury's—she went from our door—we followed her into Crawford-street, on the road towards Mr. Norbury's—she afterwards returned, and we had her taken into custody, and this property was found on her.
ROBERT BYERS . I am in the service of Mr. Joseph Norbary, linen draper, in Crawford-street—this is his printed cotton—(looking at it)—there are sixteen yards of it—it was taken out of his shop—there were three piles of cotton inside his door—I had seen this safe on the 29th of May—I did not miss it till it was found on the prisoner about a quarter past eight o'clock—it had not been sold.
GUILTY Aged 18.
WILLIAM MEADER . I am in the service of Mr. Nathan Blake, a shoe-maker, in Edgeware-road. On the 29th of May I saw the prisoner lurking about our shop—she walked away, and we left her—she returned again in about an hour—I was serving a customer in the shop, and cast my eye towards the door—I saw the prisoner with a boot in her hand—I went to the door, and laid hold of her—I said, "This won't do"—she let the boot go—I turned her shawl back and saw another boot under her arm—this is it—(producing it)—it is my master's—she was then taken into custody, and the cotton was found under her arm, under the boot.
GUILTY . Aged 18.— Transported for Seven Years.
HENRY GARRETT . I am a publican, and live in South Molton-street. I had this carpet safe on a pair of steps which go down to my cellar in my yard at twelve o'clock at night, on the 15th of June—a person could get to my yard without going through the house, by getting over the wall, which I think they did—I missed the carpet about seven o'clock the next morning—I had seen the prisoner—I found the carpet afterwards sold at an old rag shop—this is it—it is very old—there are two yards of it.
THOMAS LANE . I keep a marine store-shop. I bought this carpet of the prisoner, I think, but I cannot positively swear to him—I have not much doubt of it—we buy it by the pound—there was five pounds of it—we gave him 2 1/2 d. for it—that is at the rate of 4s. 8d. a cwt., and I get but 5s.
ROBERT THEOBALD . I live with the prosecutor. I came down that morning about a quarter to six o'clock, and on going into the cellar to shift the ashes, I saw the steps were moved, and the carpet was gone—I met the prisoner in Oxford-street, with the carpet under his arm, about ten o'clock the same morning—it was in a handkerchief under his arm, and a bit hanging out—I saw him go into a marine store-shop—I knew him, as he lived at the back of our house.
Prisoner. I know nothing of the carpet.
GUILTY . Aged 19.— Transported for Seven Years.
OLD COURT.—Saturday, June 23rd, 1838.
Second Jury, before Mr. Sergeant Arabin.
1534. DONALD FRASER was indicted for feloniously breaking and entering the shop of William Maconie, and others, on the 8th of March, at St. Pancras, and stealing therein, 2 reams of paper, value 6l., their goods.
WILLIAM MACONIE . I am in partnership with three other person—we are bookbinders, and marble paper-makers, in Percy-street, St. Pancras The prisoner was six or seven months in our employ as porter—on the the 7th of March, about nine o'clock at night, I locked the shop-door, and took the key—about seven o'clock the next morning I found it had been unlocked by a false key—I missed about three reams of marble paper—we had discharged the prisoner about the 1st of March.
WILLIAM COOK . I am a stationer, and live in Charlton-street, Somers-town. The prisoner came to my shop, on the 14th of February, wishing me to buy some paper—he came twice, about a fortnight after that, and the third time about the middle of March—he said, he expected an execution in his house for rent every hour; or, that a seizure had already been made, and requested me to purchase this paper—I had known him two years, and he was represented to me as a paper-maker—I bought, altogether, about two reams five or six quires of him, which I afterwards gave up to the officer.
WILLIAM DAVIS . I am a policeman. I apprehended the prisoner on the 10th of June—I said I supposed I need not tell him what I took him for—he said he partly guessed—in going along I said it was for some books but he said it was for paper, and he told the inspector the same.
(Property produced and sworn to.)
Prisoner's Defence. I know nothing of selling the paper or of committing the robbery at all—the person who committed it came to me, and asked if I knew where to sell paper—I sent him to this man, who gave him 2l. 17s. for three reams of it—he came to me and told me—I hear he is gone to sea.
GUILTY . Aged 52.— Transported for Ten Years.
1535. ELIZA ROWLEY and CATHERINE BEAZLEY were indicted for stealing, on the 30th of May, 1 purse, value 1s.; 3 sovereigns, 1 half-sovereign, and 4 shillings; the goods and monies of William Terry, from his person.
WILLIAM TERRY . I am a carpenter, and live in Little Corim-street Russell-square. On the 3rd of May I had finished a job in the country, and was returning to my lodging, with four sovereigns which I had received—the prisoners accosted me in Thorney-street, St. Giles, and Beazley said they had a penny, and if they had another they could get a pint of beer, for they had had nothing since the morning—I had known them by sight before, but never spoke to them—I took them to a shop in Broad-street, St. Giles's, and changed a sovereign—I treated them to some gin and bitters, and then to some shell-fish—I spent 1s. 6d.—I was with them about three quarters of an hour—I took out my purse to pay and the landlord gave me half a sovereign and the silver, which they saw me
put into a purse in my trowser's pocket—after treating them again I was going home towards my lodging, and coming up Thorney-street again, they swore I should not leave them unless I gave them some money—I then put the purse into my coat pocket and buttoned it up—Rowley seized me, threw the flap of my coat up, and Beazley opened it, put her hand in to the pocket, took it out, and they ran away—a man stopped me and asked if they had robbed me, and said, "It is no use, you will not catch them"—that detained me and they escaped—I gave information to the police, and next morning Rowley was taken up—she had held me while Beazley put her had into my pocket and took the money—Rowley was remanded for a fortnight, and Beazley was afterwards taken—I have not a doubt about their persons—I have seen them together frequently for years.
THOMAS DOWSING . I am a policeman. On Wednesday, the 30th of May, I saw the two prisoners in company with the prosecutor going into a public house in Broad-street—next morning the prosecutor told me what had occurred in George-street—I took Rowley into custody—she was remanded for a fortnight—I could not find Beazley, and at the end of the fortnight, Rowley was discharged, that I might find her companion, and in three days I took them both together.
Rowley's Defence. This young woman was sitting in George-street—the prosecutor sat down by the side of us—she had a penny in her hand—he took us to a public-house, and paid for some girl-and-bitters—this was at another house—we came out, and he took Beazley to the house and paid 3d. for the room—he promised her a shilling—he said he must change half-a-crown to pay her, but he would only give her 5d—I never saw any more of him till I was taken up next morning.
ROWLEY*— GUILTY . Aged 25.
BEAZLEY*— GUILTY . Aged 19.
Transported for Fifteen Years.
1536. WILLIAM ASHTON, WILLIAM WEBB, THOMAS NEWLAND , and RICHARD JENKINSON were indicted for feloniously breaking and entering a building within the curtilage of the dwelling-house of Thomas Binns, on the 5th of June, with intent to steal, and stealing therein, 6 pairs of shoes, value 10s., his goods; 1 bat, value 3s. the goods of John Lister; 1 bat, value 2s. the goods of Henry Bugby; and a variety of skaits and cricket-balls, the goods of other persons.
MR. CLARKSON conducted the Prosecution.
THOMAS BINNS . I am a schoolmaster, at Tottenham. I have a building adjoining my premises, within about twenty feet of the dwelling-house where the cricket-bat and things are kept—you cannot get to it without coming within the wall of the house—it is surrounded by fences entirely, or by a wall all round—a person, to get to the premises, must not only pass over our wall, but the neighbours'—the cricket-bats, balls, shoes, and skaites were in the building on the afternoon of the 5th of June, and before seven o'clock the next morning I heard they were gone—I went into the out house and found the window of the upper story of the out-house
open—two doors had been broken, and several windows opened—I know the prisoners by sight—they live in the village—I have seen them standing about two or three times together, at different times, and Newland had ones worked for us within a fortnight or a month of the robbery.
ELI RADLEY . I am in the service of Mr. Bevan, adjoining the prosecutor's premises. On Tuesday, the 12th of this month, I was at work at master's garden, at West-green, Tottenham, and saw the prisoners Webb, Newland, and Jenkinson in a footpath adjoining the field of master's person mises, with two others who I do not know—I saw them go to the gate of the field, and after a short time I saw Webb get into a ditch, and after he had thrust something up the arch of (he ditch, they all came round to the gate, and remained there for about ten minutes—there is a wall near the foot path—the other four appeared to stand behind the wall, out of my sight while Webb was groping in the ditch—he appeared to get something out of the ditch—I asked him whether he could not get it out—he said no—I said, "Let me see"—I got down to the ditch, but could not see any thing—I asked him what was there—he told me a bird's nest—Hooked into the ditch, but could not see it—it was not a likely place for a bird's nest-a neighbour came up—I told him I was apprehensive something was wrong and asked him to wait—Webb, at last, told me it was of no use to try and get it, for he had put some blackbirds inside there an hour ago, and could not get them out—Griddlestone came up, a rake was procured, and I got out of the ditch a cricket-bat without a name, and then another—they were in the place where Webb said he had put the blackbird's nest. Newland. I was not leaning on the gate—I merely saw the men.
JOHN LISTER . I am a pupil in Mr. Binn's school. I know this cricket-bat to belong to Henry Bugby, one of the pupils—I had seen it within a day or two of the 4th—I know this other to belong to a pupil—this ball belongs to the pupils—it was given to us.
RICHARD BIGSWORTH . On Wednesday, the 6th of June, I saw the prisoners Webb and Jackson at the William the Fourth beer-shop, at Layton—it is about seven miles from Tottenham—Jackson asked if I wanted to buy a ball—we said yes—they said they would bring it over the next morning, and next morning Ashton and Jenkinson brought it—Jenkinson produced it, and said he would not take less than 4s. for it—I agreed to give it him—this is it—Mr. Andrews gave them the money for it.
Jenkinson. It was a week following the robbery. Witness. I am sure it was a fortnight ago last Thursday that we bought it, and the day before that he spoke to us about it.
THOMAS WARREN . On the 6th of June I saw Ashton at the corner of the Swan, at Tottenham—he offered this ball for sale, andd I bought it of him for 1s. 6d.—I gave it to Forster, the constable, on the Saturday afterwards.
Ashton. The young gentleman could not identify the ball the other day. Witness. I said I could identify it—I said I knew a mark, on one ball—I did not notice it carefully before the Magistrate—I know one ball had a mark on it—I do not know which.
Mr. BINNS re-examined. Several pairs of shoes were lost, which were under my care, and some skaites, planes, and chisels—the property was all last at the same time.
Newland's Defence. I was walking up the lane by myself—I did see these men, and spoke to them, but I know nothing about the robbery.
Jenkinson's Defence. I bought the ball, and sold it in Tottenham-marsh, on the Tuesday, for 2s. 3d.
ASHTON— GUILTY [Of stealing only. See original trial image.] Aged 20.
JENKINSON— GUILTY [Of stealing only. See original trial image.]. Aged 19.
NEWLAND— GUILTY [Of stealing only. See original trial image.]. Aged 25.
WEBB— GUILTY. Aged 19. Of stealing only, not of breaking and entering.
Transported for Seven years.
Confined Nine Months.
Before Mr. Justice Littledale.
1537. JOSEPH TIMBRELL, JOHN SHELTON, WILLIAM CORMACK , and WILLIAM DAVIS were indicted for burglariously breaking and entering the dwelling-house of Stephen Lushington, and others, at St. Leonard Shoreditch, about the hour of one in the night of the 3rd of June, with intent to steal, and stealing therein, 6 pairs of shoes, value 6s., 5s.; 1 pair of boots, value 5s.; 3 waistcoats, value 4s.; 3 pain of trowsers, value 6s.; 2 jackets, value 7s.; 1 shirt, value 2s.; 5 handkerchiefs, value 1s. 6d.; 1 hammock, value 2s.; 1 apron, value 6d.; 1 pair of pincers, value 9d.; 1 knife, value 3d.; 2 shoe-irons, value 6d.; rasp, value 3d.; 1 stamp, value 3d.; and 1 awl, value 1d.; their; goods and (hat Cormack had been before convicted of felony.—2nd COUNT, stating the dwelling-house and goods to belong to James Searle.
MR. CLARKSON conducted the Prosecution.
WILLIAM MELVINE . I live next door to the Refuge for the Destitute, at Hoxton—I am the assistant superintendent of the establishment. Dr. Lushington is a member of the society—he acts as trustee of the society—I believe his Christian name is Stephen—James Searle is the superintendent of the male establishment—the society consists of a number of annual and other subscribers—they have not any charter nor act of parliament—John Searle lives in the house, and is responsible for the care of all the property there—it is an establishment for the reformation and protection of houseless persons, and those who have been in custody for minor offences—the prisoner Timbrell has been in the house since November, 1886; Davis has been there ten months or a year; Shelton about eight months, and Cormack about six months—they were all employed in the shoe department, learning the trade of shoe-making, and all slept in one on the third floor of the building—they slept in hammocks hung on beams in the room—on the night of the 3rd of June they went to bed between seven and eight o'clock—I locked the door of their room myself—I saw all their hammocks occupied, but I do not recollect seeing either of the prisoners except Timbrell—they must all have been present at tea-time, or I should have missed them—when I fastened the door, the shoe-room was safe,
but I did not enter the room—between two and three o'clock next morning I was awoke by Beckley, the policeman—I got up, and went to the prisoners' sleeping-room—I found the door open, the bolt of the lock out, and the box of the lock loosened—the door had been forced—I missed the four prisoners from the room, and two others who are not in custody—I went into the shoemaker's-shop, which is on the same landing-place, opposite the sleeping-room—I found the lock of that shop apparently uninjured, but the lower panel of the door was out—it appeared to have been cut with a knife—either of the prisoners might pass through the panel—the lock was still locked—the cutting-room is divided from the workshop by a wall, and in that wall there is a window, which I found open—I went through the window into the cutting-room, as the door was fastened as usual—all those rooms are on the same floor—there is a glass case againit the wall of the cutting-room, containing the shoes and other articles—that was wide open—it was only kept buttoned—I saw that boots or shoes had been taken from one of the shelves—there is a window in the cutting. room, which looks down into a court belonging to some alms-houses—I found that window open, and a hammock hanging out of it—the ring of the hammock was fastened to a post in the room—on pulling the hammock I found four hammocks fastened together, which would enable them to let themselves down out of the window, which is about twenty-four feet from the ground—they would more than reach the ground—they are seven or eight feet long—I suspected the other persons were in the alms-house-court—I went there with a policeman, and in a privy at the end of the court found Shelton, Cormack, and Davis, and I found two pairs of new shoes, one fustian jacket, one pair of fustian trowsers, and one fustian waistcoat—we found at the station-house that Cormack and Davis had on new shoes belonging to the institution—there was a hammock in the privy also—the shoes were in the privy, but the other articles were scattered about the door—it is the property of the institution, of which James Searle has the superintendence and care—I asked the boys in the privy what they had been about, or some trifling question—I do not recollect their answer—I gave them into custody—the lock of another bed-room was injured besides the one they slept in, but I cannot say it was done that same night—the hammocks had been taken from the room they slept in—we found the bed clothes lying there without the hammocks—the property is worth about 40s.—I found a short piece of iron about eighteen inches long and bent at one end, on the landing, between the bed-room and workshop—I think that would have effected the breaking I have described—the building is in the parish of St. Leonard, Shoreditch—Mr. Searle sleeps in the building, under the same roof as the rooms I have described.
Shelton. Mr. Melvine did not lock the door—it would not lock—the part that catches was loose—Mr. Breedon tried to lock it, and when he shoved it it came open. Witness. I locked the door, thinking it was as usual—I did not examine the box of the lock, not having any suspicion of it—Mr. Breedon, the master, goes over the premises with us and assists in locking the door, but I locked it that evening myself—I know nothing of his trying to lock it—I am certain I locked it myself—there are two keys—the orderly master has one and I another—when I examined the lock in the morning, I found it was locked, but something was wrong with the box into which the bolt goes—Mr. Breedon slept in the house that night—it was about eight o'clock when I locked the door—it
would not be his duty to unlock it after me, unless be found occasion for it—I am speaking of the door of the sleeping-room, not the Shoe-room.
EDWARD FORSTER , Esq. I am a banker, and am one of the trustees of this institution, and act as treasurer. There are three trustees, Dr. Stephen Lushington is one of them—the society is composed of a number of noblemen and gentlemen, and is to afford protection to unfortunate persons, and teach them trades—James Searle, the superintendent, is responsible for the property in the male establishment—he has the care of it, and sleeps on the premises.
GEORGE BECKLEY (police-constable N 217.) On Monday morning, the 4th of June, I was on duty near the Refuge for the Destitute, about a quarter-past one o'clock, and saw the prisoner Timbrell in company with another boy running from a wall close by the Refuge—I immediately pursued them and overtook Timbrell with a bundle in his possession—the other boy got away—I secured Timbrell in Queen-street—he hid himself up in a doorway—I asked him what he had been doing—he said he had made his escape from the Refuge—I took him to the station-house and examined the bundle, which contained one pair of trowsers, one waistcoat, two odd women's boots, new, tied up in an apron; and in a pockets of his coat I found a quantity of shoemaker's tools—he had two shirts on, and a pair of nearly new shoes on his feet—I gave notice to Melvine, and accompanied him to examine the premises, and with him found the other three boys in the privy at the bottom of the court, with the other property there—I then went and examined the state of the premises—I found the lock of the bed-room door forced open—the box had been forced nearly off the door-post—the bed clothes were lying about, and five or six hammocks were gone—on the landing we found a piece of iron, and across the landing, at the shoemaker's workshop, the lower panel of the door was cut out—the prisoners could have got through there—Mr. Searle unlocked the door, and we went in—the window in the wall was open wide enough for them to get through into the cutting-room—the glass case was open, and Melalms-houses vine missed property from it—a window looking into the court of the was open—a hammock was fastened to a post in the cutting-room, the other end of the hammock was hanging out of window, and three or four more were tied to it, which would enable them very easily to get out of window into the court—I went out into the alms-house court, and in the privy at the end I found the other three prisoners—there were two pairs of new shoes inside the privy, and other articles of apparel lying about, some inside and some oat—Melvine said something to the boys, and they said they found the property there—Cormack and Davis had each a pair of new shoes on their feet—the prisoners were all dressed, besides the apparel I found loose.
Skelton. The policeman brought the shoes and threw them down at our feet. Witness. I found them in the privy—I never saw the prisoners before.
JOHN DALLY . I am master shoemaker at the Refuge. I believe these tools are the property of the institution—we have tools exactly like them, but there are so many tools I should not like to swear to them—they are
such as are missing—here are two odd ladies boots—I have the fellows in my pocket, which correspond with them—I know the work of them—they were made under my superintendence—I left the shoemaker's shop about seven o'clock on the Saturday evening, when we left off work—they are common kind of tools—I locked the door when I left on Saturday night—there was no hole in the pannel then—I was in the institution when Timbrell first came—he did not bring any shoemaker's tools with him.
Timbrells Defence. It was not me that cut the panel of the door out—I was asleep at the time it was done—I was awoke, and was asked to go with them—I had no intention to run away before.
Shelton's Defence. Preston, Cooper, and Avery came to our hammocks, and asked us if we would run away they said they had broke the panel in, and got the pin out of the window, and got the window open.
Cormack's Defence. What Melvine says about locking us in is not true—Mr. Breedon locked us in—the door could not be locked—the boys in the bed-room could prove that Mr. Breedon could not lock the door—Mr. Melvine was not there at all on Sunday night—he did not see us in our beds at all, he never came into the bed-room.
Davis's Defence. I was in my hammock—Preston and Avery came and awoke me, and asked if I was going to run away—they said they had made it all right—I asked them what was right—they said they had cut the panel of the door away—I went to the window, and some of them chucked a lot of clothes down, which the policeman brought against us, but we never had any notion of taking them away.
JAMES BALL . I am in the service of Mr. Thomas, a newsvender in Cornhill. I produce a certificate of Cormack's former conviction—read)—I was a witness against him, and know him to be the person—he was in Mr. Thomas's employ with me.
TIMBRELL*— GUILTY [Of stealing only. See original trial image.]. Aged 17
CORMACK*— GUILTY [Of stealing only. See original trial image.]. Aged 17.
SHELTON*— GUILTY [Of stealing only. See original trial image.]. Aged 15.
DAVIS*— GUILTY [Of stealing only. See original trial image.] Aged 16. Of stealing only.— Transported for seven years.
1538. JAMES MONINGTON and GEORGE HUGHES were indicted for feloniously breaking and entering the dwelling-house of William Tyler, on the 1st of June, and stealing therein 44 yards of kerseymere, value 14l., his goods.
MARY TYLER . I am the wife of William Tyler, he lives at No. 3, South-row, Carnaby Market, St. James's, Westminster, and is a tailor—the shop is part of the dwelling-house, and we occupy it. On the 1st of June I went to the next house, leaving nobody in the shop—I left the door closed—it has a spring lock, with a handle on both sides—it was fastened—you could not open it without turning the handle—there is a bell attached to the door—I heard the bell ring and looked out, and heard a man at the door say "Make haste"—I then went to our shop and saw a person standing at the door, with his hand on the door, which was half open, and as I got to the door I saw a man inside the shop with his hands on a piece of kerseymere—I can positively swear to the prisoner Monington—he was inside the shop—I heard the man outside say, "Make haste Tom, or Bill, or Jack," or something, I do not positively know which—I then went into the shop, and Monington had his hands on the kerseymere, which he had
removed from behind the counter, as it was there when I went out, at"the further end of the shop, but he had got it between the counter and the door—when I went into the shop I locked the door—the paper on the end of the kerseymere was moved a little—I called my husband, who sent a lodger for a policeman to take him into custody—I asked Monington what he wanted with that kerseymere—he said he had come in for the purpose of purchasing a small piece of drab cloth—he denied touching the black kerseymere—a policeman came in and he was taken to the station-house—the kerseymere was about three yards from where it was when I went out—when the other man found I had secured the man inside, he walked off.
Cross-examined by MR. PAYNE. Q. Are you quite sure the door was (dosed A. I am quite certain—I went out at the private door myself, land was certain the shop door was fastened—I found it was fastened ten minutes before, when I tried it—a customer had been in and shut the door on going out, and I am certain it was shut, for I tried it before I went out. I laid hold of the lock and tried it—nobody came in after that—the bell I suppose was struck, for the door was slightly ajar—I am quite certain about where I left the kerseymere—my husband was up-stairs at work—I was not absent above a minute and a half—I found the kerseymere standing I on its end on the floor, and the prisoner's hands on it against the counter—I had left it on the ground against the wall—there had been time to go land move it before I was alarmed.
SARAH BURN . I am the wife of John Burn, a tailor, living at No. 1, South-row. About half-past ten o'clock on Friday morning, the 1st of June, I saw the two prisoners go by our house—they went past Tyler's shop—I saw a crowd in front of Tyler's shop in about a quarter or half-an hour, and the prisoner Monington was in custody—I am quite certain of Hughes being with Monington.
Q. Did you not say with regard to Hughes that it was a young roan you believed to be Hughes? A. When I saw them afterwards together at Marlborough-street, I knew them to be the same.
Cross-examined. Q. That was when you were before the magistrate? A. That was when they were going along the passage to be locked up—I saw them both together before the magistrate when I gave evidence—I then saw that I saw the prisoner Monington in company with a young man, whom I believed to be Hughes—I was not perfectly satisfied before the magistrate—I am not mistaken—I swear quite positively to him—I have had no conversation with the policeman since I gave evidence before the magistrate.
JOHN COLLISON . I am a policeman. On Friday, the 1st of June, I was sent for to Tyler's shop, about half-past ten o'clock—I received charge of the prisoner Monington and the kerseymere, and have had it ever since locked up in the station-house.
ANDREW VALLANCE . I am a police-serjeant. On Friday the 1st of june, I was at Marlborough-street office, and saw Monington there getting into the van about a quarter-past five o'clock—I saw Hughes there—he said,?Good bye, Bill," speaking to Monington, as I should expect—I then took Hughea into custody.
Cross-examined. Q. Because he said, "Goodbye, Bill," as you suppose? to Monington, you took him into custody? A. The prosecutor was with me at the time.
MR. PAYNE. Q. Is there any mark on this kerseymere? A. Yes—I know it well—it had not been opened since it came from the manufacturers, three weeks before.
MONINGTON — GUILTY of stealing only. Aged 20.—Recommended to mercy by the Prosecutrix. — Transported for Seven Years.
HUGHES— NOT GUILTY .
EDWARD GEORGE . I live at No. 2, Park-street, Grosvendor-square, and am a baker. The prisoner was in my service in April last—Charles Tibby, the deceased, was also in my employ, and Lid been so a fortnight or three weeks—on the 26th of April Tibby came into the bake-house, soon after one o'clock—there was nobody there besides me—he took off his coat, and I sent him out with dinners—it was usual for him to take them out without his coat—he returned shortly, and was going to take a tin dish from a cupboard outside the bake-house—the prisoner was either coming into the bake-house or going out—Tibby was taking the small dish out of the cupboard—the prisoner said, "Don't take that dish; I shall want it"—I saw them close together at that time—Tibby took the dish—I sent the prisoner out with some dinners—he returned in about five minutes, and I left Tibby and the prisoner together in the bake-house—(I did not know of their having any quarrel then)—in about ten minutes afterwards I heard a bit of a noise in the bake-house—I distinctly heard the prisoner's voice in a crying kind of a tone—I had just sat down to dinner—I jumped up, and was going to run down to the bake-house—when I got to the shop, at the top of the stairs leading to the bake-house, I heard one of them commence running up stairs—I was going to call out, "What to heaven is the matter with you?"and just then Tibby made his appearance, with his arm bleeding, which he showed me—I told him to go over to Mr. Elsgood, the doctor—I gave him a kind of linen bag to cover his arm with—he went, and I ran down into the bake-house, and saw the prisoner sitting on the trough-board eating his dinner—I said to him, "Good God, what have you been doing to the young man? do you know how you have cut his arm?"—he said, "I was sitting on the board, eating my dinner—he went to strike me, and he struck the knife,"or "ran against the knife,"I cannot say which he said, I was so flurried at the moment—I left him then—the prisoner has lived with me about two years—he was as inoffensive a young as never entered a house—I never saw him disposed to quarrel with anybody—they were both quite sober at the time—I never saw the prisoner tipsy—I consider they were on good terms—I never saw any thing to the contrary—I went over to Mr. Elsgood, who advised the deceased being sent to St. George's Hospital—I fetched a coach, and took him there myself.
Cross-examined by MR. CLARKSON Q. Was the prisoner a sober, steady, quiet, inoffensive person A. Quite so—I had a very high opinions of him—he had not been three weeks with me—the injury in the deceased's arm was between the elbow and the wrist—it was a long cut, three or four inches long, not a stab—I did not see the prisoner with any knife but what he was eating his dinner with—I kept the prisoner till the surgeon gave
up the hopes of the young man's recovery—he was then apprehended—he never attempted to go away—he manifested the regret and grief which a well-conducted person would show—he said he would make a compensa✗ in case he recovered, though he did not know how the wound happened—he went several times to the hospital to see him—I do not know at he took him—the first thing I heard was a whining noise from the prisoner, as if something had been done to him—the prisoner told me the deceased had attempted to strike him, and that he was at dinner at the home, with the knife in his hand—I know a little boy, named Richard ✗trapman—I believe the dish belongs to him—it was between one and two o'clock that the deceased took the dish—that was just at the time he was going to his dinner.
JOHN CRAMER CHAPPELL . I am house-surgeon of St. George's Hospital. The deceased was brought there on the 26th of April, about half-past two or three o'clock in the afternoon—I found a wound, about five inches in length, in his left arm, nearly to the bone, about three-fourths of an inch deep—I dressed it immediately—it had been dressed previously, but was still bleeding, and I dressed it again—it went on favourably for the first four or five days—it then sloughed, or, as it is called, mortified—he lost a large quantity of blood at that time—I was called up as many as five times in two nights to him, as he was bleeding—it was necessary to ✗mputate the arm on the evening of the eighth day—afterwards, secondary depo's formed in the knee and shoulder joints—he died on the 18th of May—his body was opened—I examined it the following day, and found it generally in a healthy state—there were no traces of disease but in the knee and shoulder joint—there was a small abscess in the lungs, but not of great importance—the immediate cause of death was the formation of the secondary depo's, and the constitution being much pulled down by loss of blood—I was informed he had been in the habit of drinking—the remote cause of the secondary depo's was, no doubt, the injury of the arm—his King addicted to liquor would add much to the sloughing—the wound in the arm would have an effect on the shoulder and knee joint—it is a common thing after a wound has closed for depo's to take place, which may be as much in one part of the body as the other.
Cross-examined. Q. I believe what you mean by depo's is an accumulation of matter in different parts of the body from the circumstance of the mortification? A. Yes—there was no appearance of that till he under-went amputation, which was on the eighth day—the appearances that I saw after death confirmed the reputation that he had of being addicted to drink—that would make him a bad subject to overcome an acute injury—I never saw the prisoner at the hospital—Maria Frost was a night nurse in the charge of the deceased, together with an extra nurse, whom I ordered, as his was a dangerous case.
Q. From the situation of the wound, and the length and depth, can you undertake to say, as a matter of certainty, that the injury might have arisen from the party receiving the wound attempting to strike, and striking his arm on the edge of the knife? A. I cannot undertake to say whether it might not have been inflicted in that way—it was a wound from which I should have expected a healthy man to recover—I have seen hundreds recover from much worse wounds—the pre-disposition of the man's constitution contributed very much to the fatality which happened.
Cross-examined. Q. Is this in the state in which you found the knife?
A. Yes; when handed to me; but the father of the deceased had several days—I had seen the deceased several times—he was more inclined to be irritable than otherwise, from what little I knew of him, and he was very partial to fighting at times.
JOHN CRAMER CHAPPELL . re-examined. I was present when the declaration of the deceased was taken by Sir Frederick Roe—the prisoner was not present—Tibby was in danger of his life at the time it was taken, and believed himself to be in danger—I did not understand that he swas desirous of making the declaration himself—the constable informed Sir Frederick Roe, who immediately attended—the deceased had expressed shis opinion that he could not recover.
MR. CLARKSON. Q. Was it your judgment that he could not recover at the time? A. It was—the constable had informed Sir Frederick toss, who refused to come unless the deceased conceived he could not recover.
COURT. Q. Before he made the declaration, did Sir F. Roe or any body say any thing to induce him to make it? A. The chaplain of the hospital informed him there was no chance of his recovery—I heard him make the declaration—it was taken down in writing, and I have brought it here—Sir F. Roe wrote it, and read it over to him after he took it down—Tibby was in full possession of his senses—Sir F. Roe signed the declaration—(looking at it)—this is the same—this is the signature of Sir F. Roe—the whole of it is his hand-writing. (Read.)
"The said Charles Tibby being in full possession of his senses, saith, I do not think I shall get over or recover from the wound under which I am now suffering. About two o'clock in the day-time, on the 26th of April last, George Gray, a baker, in the employ of my master, and I had a few words about a tin dish; Gray got off the trough-board, where he was eating his dinner, with a carving-knife with which he was eating his dinner, in his hand, to fight with me. I was leaning against the oven. I had used no violence towards Gray. Gray made a blow at me directly he got near me: at first I thought it was the handle of the knife, till I saw the blood gushing out of my arm, and then I ran away to a surgeon's directly. The quarrel about the dish had lasted about five minutes. George Gray had been eating his dinner, and making use of the carving knife all the time we were quarrelling. George Gray was very jealous of me; and two or three days before this threw an upset at my head, and threatened he would send me to St. George's Hospital. On the day I was stabbed, George Gray and I were both perfectly sober."
MR. CLARKSON. called
MARIA FROST . I am one of the nurses at St. George's Hospital. On Saturday, the 28th of April, I found the deceased in the Winchester ward, in which it was my duty to attend—I attended to him in the manner prescribed by Mr. Chappell—on the first night I attended him he wished to be talking, and I checked him—on the following night, Sunday, when I went on duty, the deceased asked me what I thought of his arm; if I thought he was likely to lose it—I told him it was not for me to answer those questions; but referred him to the house-surgeons in the morning—he wished to ask me several questions, and I said, "Was it an accident?"—he told me it was an accident through a quarrel with his fellow-journeyman, in consequence of a tin which ho wanted to got from him (the prisoner)—that he
would have his dinner, and wished to use the tin before the deceased used it—the deceased told him he would not allow him to use the tin before be used it himself—a quarrel ensued, and he told the prisoner, rather than he should be master, he would lose his life—a quarrel ensued, and while the deceased was attempting to get the tin from the prisoner, the deceased rushed against the prisoner, and the knife cut the deceased's arm—ore by accident than for the purpose—that was positively the language used on the Sunday night—I put the question, if he took up the knife purpose—he told me, no; that he was taking his dinner with his knife I said, be must have been very irritable, or he would have given up the, and then this would not have happened—he said, he was irritable, and aggravated—he said, if he had not aggravated him to have done it, he did not think he would have done it, and that he freely forgave him—he told me three or four times, that the prisoner came to see him, that he was very glad to see him, and he was very happy to think they were such good friends—he forgave him freely—he repeatedly spoke of the attention and kindness of the prisoner's friends to him—he said he was sure he should not want a friend in Mr. George, if he lived to go from St. George's Hospital—he told me, about two nights before he died, that he might thank his arm, his irritableness, and the tin, for what he was come to, and he freely forgave poor Gray, who was in prison; and he hoped he would soon come out safe, for he was the aggressor.
Third Jury, before Mr. Sergeant Arabin.
1540. GEORGE DALTON was indicted for feloniously breaking and entering the dwelling house of Belinda Rowland, at St. Pancras, on the 2nd of June, and stealing therein, 2s. bed gowns, value 5s.; 3 shifts, value 4s.; 1 petticoat, value 2s.; 1 sheet, value 5s.; 3 caps, value 1s.; 3 shirts, value 2s.; 2 pinafores, value 9d.; 1 apron, value 2d., 2 handkerchiefs, value 9d., 1 pillow case, value 4d.; and 1 yard of holland, value 2d.; her goods.
STEPHEN THORNTON . I am a policeman. On the 2nd of June, I fell in with the prisoner, crossing from the end of Southampton-street towards Newton-street, Holborn, about twenty minutes after four o'clock in the after noon, carrying these clothes in this pillow case—they were all wet—I crowed the road and stopped him—he turned short back when he saw me, but I came up to him—I asked what he had there—he said linen—I asked him what sort of linen—he said, different sorts—I told him to name the articles—he again said, different articles—I asked him where he brought them from—he said, Somers Town—I took him to the station-house, and found the owner.
BELINDA ROWLAND . I am single. I occupy a kitchen under Mr. Douglas's, the baker—I pay my rent to him—the landlord does not live in the house, it is let out in tenements—I keep a mangle—I have looked at this linen—it is mine—it was in my possession—I lost it out of the kitchen off the dresser, off a box and out of a basket—the kitchen door was locked and padlocked—I went out at nine o'clock in the morning, on Saturday the 2nd of June, and returned home at six o'clock—I found the things not as I had left them—the padlock was wrenched and the property gone—I have seen the prisoner several times in the house with his father, who lodges there, and he did lodge in the house himself, at one
time, but not at that time—this is my property—the house is in the parish of St. Pancras.
MARGARET SAITNDERS . lodge in the house. On Saturday, the 2nd of June, between two and three o'clock in the afternoon, the prisoner—came to ask me to lend him the key of my door to open his father's—I said I could not, as I had lost it—I do not know what became of him—I did not see him go away.
Prisoner. I went away directly in search of my father.
STEPHEN THORNTON . re-examined. In searching him I found an old knife and a rusty key which I tried, but it will not open the lock—I found this saucepan handle in the back kitchen, with which he forced the padlock off—it matched the marks on the door—the door lock had been unlocked by a key.
Prisoner's Defence. Coming up Holborn-hill, I stepped into a public-house to take a pint of beer, a man in a working dress asked me to carry this to Gee-street for him, and he would pay me—he came a little way with another bundle under his arm—when the policeman came up I turned round and the man had disappeared.
GUILTY .* Aged 23.— Transported for Ten Years.
1541. SARAH WEATHERSTONE was indicted for stealing, on the 16th of March, at St. Dunstan's, Stepney, 1 watch, value 2l.; 1 seal, value 3l.; 1 ring, value 15s.; 1 watch chain, value 2l., 1 brooch, value 10s.; 1 bread pin, value 3s.; 1 coat, value 3l., 1 pair of trowsers, value 1l.; 1 waistcoat, value 14s.; 12 yards of cotton cloths, value 6s.; 2 yards of damask, value 7s.; 2 handkerchiefs, value 1s. 6d.; 7 sovereigns, and 1 half-sovereign; the goods and monies of Alexander Beaver, her master, in his dwelling house, ALEXANDER BEAVER . I live in George-street, Limehouse-fields and am a mast and block maker. At the time in question, I lived in Queen-street, in the parish of St. Dunstan, Stepney—I was master of the house—the prisoner lived in my service for about two months, as servant of all work—on the 16th of March, I left home about six o'clock in the morning, leaving here at home—I returned about half-past three o'clock, and she was gone—I missed the articles stated in the indictment, which I believe were all safe when I went out—she did not return—she had given me no notice—the value of the property was 19l.—I have not recovered any of it—I have one aged mother living in the house, and she was confined to her bed—I never saw the prisoner again till the 4th of May, when she was apprehended—I had been looking for her all that time.
Prisoner. Q. Did you not give me warning about a fortnight before I left my place? A. No.
GEORGE MURRAY . I am a policeman. I heard of this, and was looking for the prisoner—I found her on the 4th of May, at her father's house, in Upper-court, Harris's-street—I asked if her name was Weatherstone—she said, "Yes"—I said, "You lived with Mr. Beaver?"—she said, "Yes"—I said, "I want you for his robbery"—she said, "I know nothing about that"—a few minutes afterwards she said, "Mr. Beaver said he would not hurt me"—I cautioned her several times not to answer my questions unless she chose—I searched, and found sixtyone duplicates in the house, but none belonging to Mr. Beaver—on the way to the station I cautioned her again, but at the station-house she said she did not see why other parties
should not be there as well as her—I said, "Who do you mean?"—she said, "Ann Burrell"—I said, "Where does she live?"—she said, "She lives in Amelia-street, Stepney"—she said she was the girl who got through the hole in the wall, and took the watch—I went and took Burrell, but she was afterwards discharged.
MARY DOUGLAS . I am the wife of a policeman. The prisoner was brought to the station-house—I searched her, and asked her what she was charged with—she said for taking a watch from her master with a chain to it, twelve months ago, and the other girl ought to be taken as well as her she took the watch while she went to get something for dinner.
Prisoner. I deny saying any thing to you at all—the policeman has urged you to come against me to get your expenses.
ALEXANDER BEAVER . re-examined. I never saw Ann Burrell till she was apprehended—she had no business in my house—the Magistrate asked burrell how she became engaged in the robbery—the prisoner was present, and Burrell said she was urged on to do it by Weather-stone, the prisoner, who directly said, "I was not guilty of the robbery; it was she that split out the panel of the door, went into the room, broke the cupboard-door open, and took the property out of the room"—the panel of die door was completely taken out, the cupboard-door was open, and the chisel with which they forced it open, laid down at the bottom of it—I kept my tools in the wash-house—she knew where to find them—the lock of the door hung by one comer—I stated this before the Magistrate.
Prisoner's Defence. I deny saying any thing at all about it—the policeman has been to the prison talking about me several times—the prosecutor's brother was the first person that went into the house, and he was as likely to rob it as I was.
GUILTY . Aged 17.— Transported for seven years.
First Jury, before Mr. Sergeant Arabin.
1542. THOMAS JEFFRIES was indicted for stealing, on the 17th of June, 1 mare, price 17l.; 1 cabriolet, value 30l.; 1 set of harness, value 2l. 10s.; and 3 cushions, value 10s.; the goods of William Clements.
JAMES RICHARDS . I am a cab-man, and drive Mr. William Clement's cab. I have driven it about six weeks—on the 17th of June I left it in Liquorpond-street, at a quarter to twelve o'clock at night, for about two minutes, with a horse and harness—a gentleman called me inside a cigar shop to ask my fare—I told him, and when I came out, my cab and horse were gone—I could not find it, and went and called master—we made inquiry, and were riding about all night—about half-past seven o'clock the next morning, I found the cab in Back-hill, Leather-lane, and the prisoner driving it—he was quite a stranger to me—I instantly jumped out of the chaise, and took hold of the reins—the policeman, who was with me, took a new bag out of the cab, which was not mine—the plate of the cab had been broken in two—it was No. 1583—the 15 was taken away, and the 83 left—I jumped into the cab, and drove him to the station-house—I had left the mare outside the shop while I went to get my fare—she was a quiet mare, and never moved of her own accord.
WILLIAM CLEMENTS . I keep cabs. Richards drove for me—he came home, explained what had happened, and I went with him all night to find the cab, and was with him when it was found—I know nothing of the prisoner—the
15 had been broken off the number inside it, which was correct in the morning when it went out—it is my horse and cab—the prisoner was on the box of the cab, driving it, when my man stopped him.
Prisoner's Defence. I was returning home about half-past twelve o'clock on Sunday night, and stopped at the corner of Eyre-street-hill, and spoke to a person who is a witness—I did not notice the cab till they showed it to me—they said to me, "There goes a cab without a driver"—I stopped it—there was nobody inside—I got into it, turned round, and went up to the coach-stand, and asked the waterman if he knew any thing of it—he said, "No"—I left directions with the waterman where I was, if he could trace the owner—I went, and bought the horse some corn, and got a nose-bag—I went in, and was going up Back-hill to go to Somerset-house, to make inquiry about the cab, when the driver of the cab came up, and took hold of the horse's head.
MARTHA FINCHLEY . I am single, and am a brush drawer. I was with the prisoner on Sunday night, when he stopped the cab at half-past twelve o'clock—I was with him from ten minutes to half-past—he was in Liquorpond-Street—I was going along a lane, turned round and said, "Tom, Tom, there is a cab going along with no man in it"—I always call him Tom—he stopped the cab, and looked inside to see if anybody was in it—there was nobody, and he got into it, and said he would drive to the rank, and then I left him—he said, he would take it to the King's-road rank—I did not ride with him—I bid him good night.
Q. How came you out so late? A. My mother had a few friends at home, and I went to get a pot of beer, but could not—the prisoner went with me to try to get the beer—the horse was going along at a pretty good rate—at a fast trot—he ran into the road, took hold of the horse's rein by is head, and stopped him—I believe he caught hold of the bit—he was not at our party that night—I know nothing more of him than he is a steady young man—I knew him by sight—he lived in Ray-street—he did work at Reid's, the brewer's, in Liquorpond-street—I only knew him the last three weeks or a month.
JURY. to WILLIAM CLEMENTS. Q. Was your name on the cab? A. Yes, on both sides—the inside number was damaged.
(The prisoner received a good character.)
GUILTY. Aged 23.—Recommended to mercy. — Confined Nine Month.
1543. ROBERT SYDNEY IRWIN was indicted for stealing, on the 5th of June, at St. Luke's, Middlesex, 12 watch-cases, value 40l.; and 1 watch, value 6l.; the goods of George Atkins, his master, in his dwelling-house.
GEORGE ATKINS . I am a watch-case secret springer, and live in Iron-monger-row, St. Luke's. I keep the house—the prisoner was my appentice, and is nineteen years old—on the 5th of June I left him at work, and went out—when I came back I missed twelve gold watch-cases and a watch—I did not see him again till the Wednesday week following, when I found him in custody, and ten of the watch cases were found in his pocket—the value of the property found on him is about 40l., and my loss about 46l.—I did not miss them till I went to the work-box next morning to go to work—all the gold work was gone, and a box with a watch in it besides.
Cross-examined by MR. PHILLIPS. Q. Had you a character with the prisoner? A. A friend recommended him to me, and after he had worked for me some time I took him as an articled apprentice—the night before this he broke a bedstead down, I blowed him up for it, and he would not go to work on the Tuesday morning—he said he would have three days' holidays—I said I could not afford it, and would not let him have it—he is quite right in his mind—I never saw any thing to the contrary—he conducted himself very honestly while with me, and I entertained a good opinion of him.
JAMES WEATLEY . I am a grocer. I was informed of the robbery by Mr. Atkins; and going up the New-road, on Wednesday the 13th of June, the prisoner passed me swiftly—I immediately turned round, and taw him mend his pace considerably—I followed him down from nearly the back of St. Pancras Church as far as Judd-street, and some considerable distance up Judd-street; and then, not meeting with a policeman, I took him into custody—I afterwards saw him searched at the station-house, and ten gold watch cases, 18s. 6d. in silver, I believe, and a cigar-case were found on him—the watch-cases were given to the policeman.
(Property produced and sworn to.)
GUILTY .* Aged 20.— Transported for Ten years.
1544. ANN PARKER was indicted for stealing, on the 16th of May, 1 bonnet, value 5s.; 1 shawl, value 3s.; 2 gowns, value 14s.; 1 cap, value 1s.; 1 pair of gloves, value 6d.; 2 caps, value 3d.; and 2 saucers, value 3d.; the goods of Ann Wigforth.
ANN WIGFORTH . I live in Upper Lisson-street. The prisoner came to lodge with me for the night about four weeks ago—she did not come borne next night; but the next night she came to me for the key of her room to get her bonnet, and after she was gone, I missed all the articles stated—she is a shirt maker—I had a good character with her—I have only recovered the bonnet and shawl.
MATTHEW REARDON . I am a policeman. I heard of the robbery; and from information, about half-past two o'clock in the morning of the 8th of June, I went to No. 19, Little Exeter-street, Hackney-grove—I went into a room there, and found the prisoner sitting in a chair—a young man was in bed in the room—I told the prisoner I wanted her for a robbery in Upper Lisson-street—I took her to the station-house, and asked where she lived—she said she could not tell, but she did not commit the robbery—I found the shawl and bonnet on her.
Prisoner's Defence. The bonnet did not belong to the prosecutrix, and the shawl she lent me—she gave me leave to do what I did.
GUILTY .* Aged 20.— Transported for Seven Years.
NEW COURT.—Saturday, June 23rd, 1838.
Fifth Jury, before Mr. Common Sergeant.
GUILTY.—Recommended to mercy. — Confined One Month.
1546. JAMES GORMAN was indicted for stealing, on the 12th of June, 1 time-piece, value 3l.; 2 pairs of spectacles, value 14s.; 1 pencilcase, value 5s.; and 1 cap, value 2s., the goods of John Atkinson.
JOHN ATKINSON . I live at No. 10, Camden-cottages. A little before eight o'clock in the morning, on the 12th of June, I received information, and missed the articles stated from my parlour—the window was open, and there were dirty marks about my flower-garden—this is my time-piece—(looking at it.)
ARTHUR JOHN NORTH . I am a pawnbroker in Skinner-street, Somen Town. I produced this time-piece, which was pledged by the prisoner on the 12th of June, at half-past ten o'clock in the morning—he said he brought it for a person—the officer afterwards came to me.
Prisoner. I told him it was my own—I had bought it honestly—I know nothing of the robbery—the pawnbroker has known me many years, Witness. Yes, I have known him several years—he has borne a good character.
RICHARD WAKEMAN .(police-constable S 24.) I went after the prisoner—I saw a great many foot-marks in the prosecutor's garden—I took of the prisoner's shoes, and fitted them to the marks the next morning—they corresponded exactly—they were rights and lefts—there were iron heels upon them, and in the foot-marks—I only saw the marks of one man.
(Thomas Wakeley, plasterer, of Somers-town, gave the prisoner a good character.)
GUILTY. Aged 24.—Recommended to mercy by the Jury. Judgment Respited.
BERNARD DOYLE . I am shopman to Mr. George Clarke, of Oxford-street, a linen-draper. On the 14th of June I saw two girls come up to me pile of prints inside our door—they pulled two pieces partly out of a pile—I desired our porter to go outside and watch them—he called me—I went and saw these two pieces of print on the step of the door—they are my master's.
JAMES LEMMEN . I am porter at the prosecutor's. I was desired to watch—I saw the prisoner and another girl—the prisoner took the prints, and hid them under her shawl—I went up to her, and she dropped the prints at my feet.
Prisoner. It is all false—I saw a woman drop the cotton, and told the man to run after her—he ran and could not catch her—I still waited at the door—he came back and gave me into custody.
GUILTY . Aged 21.— Confined Three Months.
GUILTY . Aged 43.— Confined Three Months.
THOMAS HILLS . I live in London-passage, Golden-lane, St. Luke's. On the 9th of June, between seven and eight o'clock at night, I was passing along Golden-lane, and my wife was on the other side of the way—I was drunk—I had the money stated in my right-hand pocket, and my chisel in my left—when I got up Golden-lane, against the burying-ground, I fell down—I was then lifted up by gome one, and taken into the middle of the road—some person came and knocked me down on my face—when I was taken up I had lost every thing out of my pocket—I do not know who took it—this is my chisel—(looking at it.)
Cross-examined by MR. PAYNE. Q. What had you been about? A. Drinking—my wife had not been drinking, she came to meet me—she walked on the other side, because I was so tipsy, she had no command over me—a young man took charge of me to help me on—I never saw him before—I am a coppersmith, and work for Mr. Pontifex—I had been working on the day of the robbery—I left work at five o'clock, and I was drinking from then till about seven o'clock—I do not know what happened till I was lifted up—I had changed a half-crown, and had a pint of beer just before it took place—I put the change into my pocket—I had 3s. 6d. and about four pennyworth of halfpence, as near as I can guess.
SARAH HILLS . I was walking on the other side of the street. I saw the prisoner, and two more girls, come to ray husband when he fell down, and take something from him, and likewise this chisel—I took it out of her hand.
Cross-examined. Q. How far off were you?A. On the opposite side—it was about ten minutes' walk from our own house—I saw my husband fall down, and three girls came from the opposite side of the way—one Lakin was waiting while my husband stood against the wall—he then fell down, and while Lakin and another man were assisting to get him up, these three girls came from the opposite side on which I was standing—they were all surrounding him, and when the prisoner left him, she went to a court to a man in shirt-sleeves—she had this chisel in one hand, and the money in the other, and said, "I have got them"—I was close against her at the time—I took the chisel from her hand, and saidi" It is my husband's, I shall take the liberty of taking it from you"—I do not know what became of the money, as I went to the middle of the road, where my husband was knocked down—I am sure the prisoner is the person.
JOHN WALDEN . I live in Reform-place. I was at the place, and saw the prisoner knock the prosecutor down—she then went to a man in shirt-sleeves and said, "I have got it now"—she showed some money—the prosecutor's wife went up to her, and took the chisel away from her.
Cross-examined. Q. What did she say? A. She said she had drawn many a five shillings out of his pocket when he had been against the wall—this was when she went up with the chisel in one hand, and the money in the other—when the prosecutor's wife went to assist her husband, prisoner went down the lane.
GUILTY . Aged 19.— Confined Six Months.
ROBERT HEWGILL . On the 12th of June, about ten o'clock, I was in Queen-street, near the Freemasons'-tavern—I felt a twitch, turned to the right, and saw the prisoner putting something between his coat and waistcoat—I laid hold of him, shook him, and my handkerchief fell from him on the ground—I had had it five minutes before—(looking at it)—this is it.
Cross-examined by MR. PRENDERGAST. Q. You knew nothing of him before? A. No; I have inquired, and find he bore an honest character before.
MR. PRBNDERGAST. The prisoner's defence is that the handkerchief was on the ground, and he took it up.
NOT GUILTY .
CHARLES JAMES FOX . I live in Eldon-street, Finsbury, and am an upholsterer. The prisoner was my errand-boy—on the 9th of June I went up stairs, and placed some sovereigns out of my pocket on the table—I was called down, and when I went up again one sovereign was gone—I spoke to the prisoner about it—he said he had put it into the dust hole, and several other things which were not true—I was before the Magistrate, and heard the prisoner say what is written in this examination—(looking at it)—it has the Magistrate's signature to it—(read.)—the prisoner says—"I did take it, and gave it to my sister—I am very sorry for it."
GUILTY . Aged 18.— Confined Six Months, and Whipped.
JAMES SUMMERS . I live in Kingsland-road, and am a linen-draper. On the 8th of June I had some printed cotton hanging on the iron bar just outside my shop—this is it—(looking at it.)—I missed it five minutes before six o'clock.
GEORGE TEAKLE (police-sergeant H 8.) I was on duty on the 8th of June in Norton Falgate, at half-past six o'clock—I saw the two prisoners pass me, walking fast—I saw something bulky under Smith's shawl—I followed them—they saw me, and ran off to Union-street—I stopped them, and asked Smith what she had got—before she answered, this cotton fell from under her arm—I took them to the station-house, and there Smith said she bought it in Shoreditch for 10s. and there were twelve yards of it—but it was measured, and there are nineteen yards and a half.
SMITH— GUILTY . Aged 18.— Confined Six Months.
ADAMS— NOT GUILTY .
MARY ANN TURBYFIELD . I am the wife of William Turbyfield—he lives in Shoreditch. We let the prisoner a room furnished—these books were by her permission put into her room—we afterwards thought it necessary to examine her room, and missed the books, the shift, and other things—these are the articles (looking at them.)—this shift was taken from my own room.
Prisoner. The prosecutrix said I might have the books to read, and if I wanted any thing else I might have it Prosecutrix. No I did not.
GUILTY . Aged 27.— Confined Six Months.
GEORGE GRIFFITHS . I am assistant to Griffith Griffiths, of King-street, Golden-square. After ten o'clock at night, on the 13th of June, I was walking in Oxford-street—the prisoner snatched this umbrella from my hand—I ran after him and cried "Stop thief"—he threw it away—it was picked up—I lost sight of him, but I am sure he is the man.
(Property produced and sworn to.)
GUILTY . Aged 25.— Confined Six Months.
THOMAS FANCY . The prisoner Orme was my carman, at 17s. a week. On the 9th of June I sent him with my wagon to Scotland-yard, to clear a room of coals—the first load he brought was seventeen sacks, and the second contained only fifteen—I saw two empty sacks on the shafts—that was ahout eleven o'clock in the morning.
Cross-examined by MR. PRENDEGRAST. Q. Did not the two empty sacks come back on the front of the wagon? A. Yes, anybody might see them—they came into my premises.
Cross-examined by MR. PRENDERGAST. Q. Where was this? A. At Dagleish and Taylor's wharf—Allkins helped me load them into Mr. Fancy's wagon—Orme was the driver—I saw the seventeen sacks loaded—I counted them, because we always do—it is very uncertain how much a room holds.
THOMAS CHAPMAN (police-constable F 20.) On Saturday, the 9th of June, I was in St. Martin's-lane—I saw Orme with a wagon of coals—when he came to Chandos-street he undid the hind part of the wagon, and one Cox and Allkins took a sack each out of the hind part of the wagon, and went up Chandos-street—I was in plain clothes—Orme knew me, and he came up to me and said, "I have seen you in the police"—I said, "Very
likely you have"—he then said, "I have got a good load for one horse, have not I?"—I said, "Yes"—he said, "I had seventeen sacks, these men got me to bring two sacks for them, they have them of Mr. Dagleish, they get them cheaper"—I saw Allkins come back with two empty sacks, and throw them on the wagon—I knew they were Mr. Fancy's sacks—I saw his name on them—Orme then said to the others, will you go and have half-a-pint of beer—they went into a public-house, and came out shaking something in their hand—I gave information and took them.
Cross-examined by MR. PRENDERGAST. Q. Whatever Orme did, he did it openly? A. Yes—he knew I was in the police—Allkins brought both the sacks back.
Cross-examined by MR. PHILLIPS. Q. Did you search Allkins? A. I did not—it is stated in the deposition that I did, but I never had the chance—I was examined before the Magistrate—what I stated was read over to me, and I was asked if it was correct—I did not say I searched them both and found nothing on them—it is a mistake.
NOT GUILTY .
ALEXANDER MARSHALL . I live in Broad-street, Bloomsbury, and am a window-glass cutter. On the 29th of May, the prisoner was in my employ—he came to me and got four squares of glass, and said he was sent by the governors of the workhouse for them—I gave them to him, believing that, and he did not come to me again.
ROBERT BUXEY . I am master of the workhouse of St. Giles-in-the-Fields. I did not direct the prisoner to get any glass of his master—I never spoke to him—he did not use four squares of glass any where for me on the 29th of May.
Prisoner. I took the glass, and as I was crossing the street it was knocked out of my hand and smashed—I had not applied for the money that was due to me—I had worked that day from nine to four o'clock—I meant to have made up the money.
GUILTY . Aged 44.— Confined Three Months.
1557. JOHN WHEELER was indicted for stealing, on the 16th of June, a certain mixture, consisting of 1 peck of oats, value 10d.; half-a-peck of beans, value 8d.; and 1 bushel of chaff, value 6d. the goods of James Montgomery, and another, his masters; and ROBERT PERRYMAN for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
MR. CLARKSON conducted the Prosecution.
JAMES MONTGOMERY , Jun. My father's name is James—I am in partnership with him—we are timber-merchants, and live at Brentford. On the 16th of June, Joseph Clark gave me information, and I proceeded with the policeman to a stable kept by Perry man—I saw some corn in a bin—the stable was open—it is rather more than half-a-mile from my premises—it is beyond our premises on the road to Hounslow—it stands up the
yard of the Half Moon and Seven Stars public-house—I found some horse meat there, which on comparing with a sample from our own bin, I have every reason to believe was our property—it consisted of chaff made of ✗trefoil, hay cut small, and some oats and beans—I believe it to be ours.
JOSEPH CLARK . I am out of employ—I had been before in the employ of Perryman, who keeps the stable, but he lives in a place called the Ham, on this side the bridge; Mr. Montgomery's is close to the river. On the 16th of June, I was up between two and three o'clock in the morning, to see if there was a barge going up—I had been in Perryman's stable at eight o'clock the night before—there was no sack of horseneat there then, that I know of—I looked about and saw none—I was looking for my whip—I did not see Wheeler that morning—I saw the team standing opposite Mr. Weatherby's gateway—I went on to the lock, and when I came back the team went on—I went to Perryman's stables about five o'clock, and saw a sack of victuals standing—I touched the outside—there appeared to me to be mixed victuals in it—I did not take a sample of it then, but I did about three o'clock in the afternoon—I told Mr. Montgomery what I had seen, and showed him. the sample.
Cross-examined by MR. PHILLIPS. Q. How often have you been in gaol? A. Never—I was once taken up on suspicion of cutting some trees down, but I did not do it—Mr. Dart accused me about a bit of old iron before a Justice—I had a month of it.
NOT GUILTY .
JOHN SKELTON . I am in the employ of George Drake Sewell and another, linen-drapers, in Old Compton-street. On the 11th of June, we lost twenty-eight yards of printed cotton—this is it—(looking at Some.)
JOSEPH BENTLEY . I am a hatter, and live in Old Compton-street. On the afternoon of the 11th of June, I stood in my shop, and saw the prisoner, and two other girls, walk into the prosecutor's house—I saw one of them take this cotton from the lobby, and pass it to the prisoner—I went and laid hold of the prisoner—the other two ran away—the prisoner let it fall from under her shawl, and I caught it—they had been walking up and down for half an hour—they were all dressed alike.
Prisoner. One of the others took it, and gave it to me—it it my first offence.
GUILTY . Aged 19.— Confined Six Months.
GEORGE THORNE . I live in Frog-lane, Islington, and am a watchman in the employ of Mr. James Rhodes. On the 15th of June I met the prisoner with two sacks upon his head—I asked him what he was going to do with them—he said to take them home—they were Mr. Rhodes's sacks, and had been upon the earth to keep it dry—these are them.
Prisoner. I was very hungry, and wanted something to eat.
GUILTY . Aged 13.— Confined Eight days, and Whipped.
WILLIAM CHILDS . I live in Charlton-street, Somers-town, and am a grocer. I lost a copper on the 15th of June—it had been fixed to the premises—this is it—(looking at one.)—I also lost a cloak, a carpet, and a rug; but they are not found.
Prisoner. I met a young man, who asked me to carry it to Tottenham court-road for 3d.
GUILTY . Aged 17.— Confined Six Months.
JOHN BEESON . I keep the White Horse public-house, Saffron-hill. I saw my copper tea-kettle between six and seven o'clock on the evening of the 18th of May—I missed it a few minutes after seven o'clock—the prisoner had been in the tap-room—this is it—(looking at it.)—I know it by this mark.
Cross-examined by MR. PHILLIPS. Q. Was the prisoner tipsy? A. He was not—he had not the appearance of being tipsy—eight or nine persons were in my house that night—we have singing, but no music—we had not any singing that evening—I do not take money from people who come in for concerts—there is a young man that has my room up stairs—he takes the money, and finds the music—I do not receive the money for the rooms—the music brings the customers in—the kettle was in the tap-room.
Cross-examined. Q. What time was it pledged? A. After eight o'clock on the 18th of May—it is in the name of James Smith, No. 98, Saffron-hill—there were eight or nine customers in the shop—I am quite certain of him—I recollect he was in the last box of our shop.
Prisoner. The pawnbroker said, "at the office;" it was from half-past eight o'clock to just upon nine.
GUILTY . Aged 20.— Confined Three Months.
1562. THOMAS JOHNSON was indicted for stealing, on the 13th of June, 10 pairs of earrings and drops, value 10s., the goods of Walter Scott; 3 pairs of trowsers, value 15s.; and 1 pair of boots, value 4s.; the goods of Francis Duncan, in a certain vessel in a port of entry and discharge.
FRANCIS DUNCAN . I am an apprentice on board the Jane, in the West India Docks—the prisoner was in the Isabella Ann, on the south side of the docks. On the 13th of June, I asked him to help me, and he came on board my vessel about ten o'clock in the morning to do so—he stopped till half-past eleven o'clock—I had thirteen boxes, and he took ten—there were ear-rings in them—I had three pairs of trowsers, and a pair of boots—the ear-rings belonged to Walter Scott, the captain—he gave them me to mind—the others were mine.
Prisoner. I was washing the decks, and they gave me drink—I got drunk, and do not know what I did. Witness. I gave him a glass of grog, but he was not drunk.
WILLIAM MORRIS . I was with Roebuck—I saw him find these things—he found the boots under the prisoner's bed,—the ear-rings in the prisoner's bag, and the trowsers in the basket where he keeps his things.
GUILTY . Aged 21— Confined Eight Days; Two Days Solitary.
ELLEN CARROLL . I am single, and live at the prisoner's father's, in Ogle-mews. My petticoat was safe on the 28th of May—I do not know what time of the day I saw it last—this is it—(looking at it.)—I had a good many things belonging to the prisoner's mother in my box—I suppose he thought this was his mother's.
NOT GUILTY .
ELLEN O'DONNELL . I am the prisoner's mother. I have missed a table-cloth and bed-cover—I do not know when—these are my things—(looking at them.)—my husband's name is Patrick—the prisoner gave me the duplicate—he did not tell me he had pawned them.
GUILTY . Aged 12.— Confined Seven Days.
1565. THOMAS PRATT, THOMAS WESTLEY , and GEORGE HOLLIS were indicted for stealing, on the 22nd of May, a certain mixture consisting of 1 peck of oats and 2 bushels of chaff, value 3s., the goods of William Walker, the master of Thomas Pratt.
It being the property of William Walker the younger, the prisoners were
HARRIETT HYATT . I keep a public-house in the Strand—the prisoner had been sleeping there for a week. On the 4th of June, at ten o'clock in the forenoon, I saw my watch in my bed-room—the next morning it was gone—this is mine—(looking at it.)
STEPHEN SHEPPY . I am shopman to Mr. Walmsley, a pawnbroker, in Drury-lane. I took this watch in pledge—I do not know who from—it was some time before I saw the prisoner again—I lent 1l. on it—the ticket of it has not been found.
HARRIETT HYATT re-examined. This watch was in my bed-room-the servant girl had an opportunity of going there, but no one else—I missed it at eight o'clock the next morning—the prisoner was left to assist me—he stopped till one o'clock, then went out, and returned in half an hour; he then went out again, and did not return till twelve o'clock at night very tipsy.
Prisoner. Q. Was there no person up stairs? A. No—it is not a public staircase.
NOT GUILTY .
GUILTY . Aged 16.— Confined Three Months.
GUILTY . Aged 32.— Confined Six Months.
1569. FREDERICK SMITH was indicted for stealing, on 16th of June, 5 pairs of stockings, value 1l. 5s.; 1 handkerchief, value 4s.; 1 yard of ribbon, value 6d.; 1 pair of straps, value 4d.; and 2 pain of gloves, value 2s. 6d.; the goods of John Nicholson Gibbins, his master; to which he pleaded
GUILTY.—Recommended to mercy by the Prosecutor.
Confined Three Months.
THOMAS FAIRBAIRN . About half-past nine o'clock, on the 18th of June, I met the prisoner, and went with him from public-house to public-house—when I got to the last public-house I had about 8l. and some odd silver—I was at the Bedford's Head, St. Luke's—I awoke in some public-house, and missed my money—we went to the prisoner's house, in Shire-lane, and found him asleep, but did not awake him—I got the constable, and then we went and saw the prisoner—I asked if he had got my purse—he said he had taken it; if we would wait a few minutes, his wife would be in, and would give it to me—his wife came in, and, in putting her hand into her pocket, she took out four or five sovereigns—I said if she would give me five sovereigns, I would say no more of it; and the prisoner said if I would wait till the next morning, he would give me forty sovereigns.
Cross-examined by MR. PHILLIPS. Q. Did he say that he had taken it, or that you had given it him to take care of? A. Not at first—he did at the station-house—when I awoke him he was middling drunk—I believe I said before the Magistrate that he was asleep and drunk in the
front parlour—that is not false—I went first to see whether he would return it without any bother—I did not think myself that he had robbed me, but my witness said, "If any body has got any money, he has"—when I left him asleep and drunk, I went to the landlord's house, with a witness, where we had been the evening before, to ask his advice—the prisoner's wife asked us if we would stand any gin, and I did—I was leaving the house before I mentioned the robbery—I certainly was not sober before I missed the money—I fell asleep in the skittle-ground—I was most decidedly drunk—I recollect having some gin and cakes—I did not give the prisoner's wife any money—the other female I gave half-a-crown to in the place where we were all drinking the gin, after the robbery, and after I had been to the prisoner's house, I gave Mrs. Haskett the half-crown, as I thought she might tell me whether the prisoner had brought any money home—the two half-crowns were all I had left—I had been out with the prisoner three or four times before—the last time I recollect was at the Epsom races—when the constable awoke him, he said he had taken the money—I cannot swear he said"to take care of it"
WILLIAM PARSONS (police-constable F 111.) I went with the prosecutor to the prisoner's, in Shire-lane—I awoke the prisoner—he said he had taken the money, but only to take care of it, and he intended to return it.
NOT GUILTY .
1571. EDWARD HUTCHINGS and WILLIAM FREELAND were indicted for stealing, on the 14th of June, 1 foot of leaden pipe, value 1s.; and 1 metal cock, value 1s.; the goods of William Wright; being fixed to a dwelling-house; against the Statute, &c.
WILLIAM WRIGHT . I live in Canonbury-street, Islington. I had a ball and cock taken from my yard on the 14th of June—it was given to me in South-street, by my son—this is it—the pipe is bent, and I can swear it is mine.
HENRY WRIGHT . Between three and four o'clock on this afternoon I was at the bottom of Canonbury-street, and saw Freeland alone—I saw Hutchings come out of my father's yard, and then I saw Freeland had got something in his apron—I saw our water-butt when I went in, and I told my father—we went out, and saw the prisoners—they ran away—Freeland dropped the ball and cock, and I took it up—I am quite sure they are the persons.
Hutchings' Defence. I heard the cry of"Stop thief,"and ran to see what was the matter.
HUTCHINGS— GUILTY . Aged 17.
FREELAND- GUILTY . Aged 17. Confined Three Months.
Confined Three Months.
WILLIAM SMITH . I am a seaman on board her Majesty's ship Tribune. On the 14th of June I received four sovereigns and two £5 notes from Captain Williams, at Chatham—I went to Gravesend, and then walked on to Woolwich—I met with the prisoner on the road—he said, "I suppose you are a sailor?"—I said, "Yes"—he said, "I suppose you have been
paid off from a ship?"—I said, "Yes"—he said, "I am very hard up; I have not got any thing"—I said I would give him something at the next town—I took him to a public-house at Dartford, and had to pay 4s. 6d.—I took out my pocket-book, and gave the mistress a sovereign to get chage—the prisoner said, "There are two notes and three sovereigns"—I said, "Yes"—we came out, to go to Woolwich—he said, "I have got a bad pair of shoes"—I said, "Get a pair, and I will"—I was in liquor, and I gave him the 15s. 6d. change to take care of—in coming on he wanted to go into every public-house and have beer—I went in, and just tasted the beer, and gave it him—we came on, and got to Woolwich, at a quarter after five o'clock—we went into a public-house, and waited till the steamer was going—we had some beer, and bread and cheese—I asked him if he had money enough to pay the steamer; if not, I would take another sovereign—we went on board, and went into the fore-cabin, and then he said he had a girl at Woolwich—he fetched her—we had a bottle of stout, and then another—he then said he had no more money, and I was going to change a £5 note—I was in liquor, and he said, "You had better he down and take a sleep," which I did, and I felt him put his hand into my pocket—at Westminster-bridge the mate came to me and said, where was my money—I said, "That young man has paid for me"—he said he had not—when the prisoner was brought back there was a sovereign and a penny found about him, but he had said he had not got a farthing—I had lost my pocket-book, three sovereigns, and two £5 notes.
THOMAS SALES . I am mate on board the steamer. About ten minutes after six o'clock I saw the prosecutor and the prisoner come out of a public-house, and come on board—the prisoner paid me 9d.—when we get to Hungerford-stairs I asked the prosecutor to pay his fare—he said he had given the young man three sovereigns and two £5 notes at Dartford—the prisoner was then standing on the top of the stand—he was brought back—he said to the prosecutor, "Where did you give me your money and notes"—he said, "At Dartford."
SARAH DAY . I am a widow, and live in Francis-place, Holloway—we keep a beer-shop. The prisoner came there on the Saturday, and continued till the 14th, which was the Thursday following—he was indebted to us—I paid 11d. postage for a letter for him that day after he was gone out—the prosecutor says he bought the prisoner a pair of shoes, but I can swear to the shoesthe prisoner had on—they are tied with two holes on each side, and are nearly new—(the prisoner's shoes were here handed to the witness.)—these are the shoes the prisoner had on when he left our house.
JOHN PIKE (police-constable T 105.) I received the prisoner in custody—he said he had no money, except a few halfpence—on the road to the station I saw him shifting his hand about—when I got to the station I found a sovereign and a penny on him.
Prisoner. I knew all the while I had a sovereign.
NOT GUILTY .
Sixth Jury, before Mr. Common Sergeant.
FREDERICK NORMAN . I am shopman to James Ross, a pawnbroker, living in East-street, Marylebone. On the 14th of June a girl came and offered a handkerchief in pawn—I saw I had missed one—this is the handkerchief—(looking at one)—I had hung it up at eight o'clock in the morning, inside the shop, and the girl came to pawn that same handkerchief about nine o'clock, or half-past.
Cross-examined by MR. DOANE. Q. It was not the prisoner came to pawn it? A. No, but she came to my shop that morning to offer a pair of boots to pawn—I had seen her before—I did not take in the boots—I do not know her husband—when the girl came I said, "The handkerchief is mine"—the prisoner was brought to me—I said in her presence that it was mine—it was cut off a piece the morning before, and I had the fellow to it in my pocket.
ELIZABETH BAKER . On the 14th of June, the prisoner told me to go to Dennings and pawn a handkerchief—I do not know whether this if the handkerchief—it was a black one—I wanted to buy some ear-rings, and I thought I would go to Mr. Ross's shop, and not where the told me to go, and then I saw Mr. Norman.
GUILTY. Aged 29.—Recommended to mercy by the Jury.
Confined Seven Days.
JAKES MARCHANT . I live with my father, John Marehant, in John's—court, Wigmore-street, St. Marylebone. Between seven and eight o'clock on the 18th of June, I was outside minding the shoes—the prisoner came in and asked if I had a pair of new shoes Inside that would fit her—I told her to walk in—she asked my father what would be the lowest price he could let her have a pair for—he said, "Half a crown"—as she was going out, I saw her take a pair from outside, and put them under her shawl—I told her to put them down, and she took them from under her shawl—my father gave her in charge.
(Property produced and sworn to.)
Prisoner. This is my first offence.
GUILTY .— Confined Six Months.
JOSEPH BAILEY . I am shopman to Robert Kell, a tallowchandler in Northumberland-street, Strand. His cellar has iron bars to it—I saw the box of candles safe on this day week—I did not miss them till the policeman came on the Monday—I knew the candles again—they had been in the cellar.
Cross-examined by MR. DOANE. Q. Is it a deep cellar? A. Yes—these candles were in a box—there were six boxes—this was the top one—they were about two feet from the railing—it would not have been possible for any one to have reached them without drawing the box close to the rails—it had been moved, and was placed so that anybody going along could move it.
o'clock in the morning, on the 18th of June, I was on duty in Northumberland-street, and saw some persons in the Strand—I went on to the Strand and saw a person peeping round the corner of Northumberland-street—I went there, and saw the prisoners kneeling down at the prosecutor's window, with their hands through the railing—they saw me, and ran off—I sprang my rattle, and Davis threw away these candles—I pursued and took (Davis received a good character.)
DAVIS- GUILTY . Aged 19.
LLOYD- GUILTY . Aged 18.
Confined Three Months.
Prisoner. Your coat never was in the stable, you left it on a gig—a man came up the yard, and brought it to me to take care of.
Prisoner. I wanted a few shillings, and I thought I would get it again, and return it him in a day or two.
(The prisoner received a good character.)
GUILTY . Aged 34.— Confined Three Months.
GEORGE BUNDEY . I live in North-street, Manchester-square, and an a carpenter. I missed my saw on the 19th of June—I received information, and went to a pawnbroker at the corner of Little Marylebone-street—I there saw the prisoner with my saw on the counter—he was trying to pawn it.
Prisoner. I bought the saw about an hour before. Witness. No—I had not missed it a quarter of an hour.
GUILTY Aged 46.— Confined Three Months.
HENRY HALL . I live in Margaret-street, Golden-square, and am a coach painter. I know the prisoner—at twenty minutes after eight o'clock on the 12th of June, I missed my coat and trowsers—this is my property—(looking at them,)
MARY ANN SYRETT . I was in the room where Hall keeps his clothes. The prisoner came and asked my sister to lend him a needle, and she lent it him—he dropped it and went to Hall's drawer, where these things were, to look for another—I did not see him take them, as I left the room.
(The prisoner received a good character.)
GUILTY. Aged 19.—Recommended to mercy. — Confined One Month.
JOHN COLLINS . I live in Crawford-street, Marylebone, and keep a grocer's shop. On the 12th of June, I put my drawer of soap out of the door, about twelve o'clock—I heard no more of it till the officer brought it back—this is it—(looking at it.)
Prisoner. I was hired to carry it by two young lads. Witness. There were two lads, who ran away—the prisoner said he was hired to carry it to No. 1, Middle-row—I did not go there.
JURY. Q. Was he going towards Holborn with it? A. Yes, ne was—I stopped him a mile and a half from where it was taken from.
GUILTY .* Aged 16.— Confined Three Months.
JOHN COOK . I keep the Jerusalem public-house, St. John-street. In consequence of information from my niece, on the 20th of June, I went into the street and took them. the prisoner—I found on her four pint pots of mine—I asked what she had got under her shawl—she said four pots, which she was going to carry to the next public-house, which was at the corner of Compton-street—my name is not on these pots, as I have only been there six weeks.
Prisoner. I had them open in my hand. Witness. No, they were under her shawl.
ELIZA COOK . I saw the prisoner that morning go into Mr. Hall's private door, between our house and the next—that is where the pots are put—I saw her go away with four pots under her shawl, and told my uncle.
Prisoner. I have six children—have mercy on me—I was going to take them to the next public-house.
GUILTY . Aged 48.— Confined Three Months.
OLD COURT.—Monday, June 25th, 1838.
Third Jury, before Mr. Common Sergeant,
1581. SARAH READ and SARAH PALMER were indicated for stealing, on the 9th of March, at St. Marylebone, 3 snuff boxes, value 5l., 4 bed gowns, value 9s.; 6 yards of calico, value 3s., 2 frocks, value 15s.; 1 spoon, value 2s.; 1 shift, value 8s.; 1 waistcoat, value 10s.; and 8 soveregns, the goods and monies of John Sedlatzek, the master of the said Sarah Read, in the dwelling-house of Christian Berhenoe.
JOHN SEDLATZEK. I am a musician, and live in Orchard-street, Port, man-square. The prisoner Head was a fortnight in my service—the prisoner Palmer is her mother, and was engaged as a washerwoman—I lost eight sovereigns, three snuff-boxes, and various articles, on Friday, the 9th of March, when I was out at a concert—I returned from the concert at twelve o'clock at night, and next morning I missed eight sovereigns from the nursery drawer—I also missed six yards of calico, a spoon, and shift—the drawer was still locked—the prisoner had absconded, and did not return.
ANN HUGHES . I am cook to the prosecutor. The prisoner Read was servant in the house—on the 9th of March I had occasion to go up stairn, and she said she was thirsty, and must have something to drink—I said she had better not go out, as mistress was out, and I would give her some drink—she said, "No, it is not enough, I am very thirsty, I have got one penny, and will go and get one pennyworth for myself"—her mother (Palmer) was washing there at the time, and she had come there about six o'clock in the evening to assist in folding the clothes, and left about half past ten o'clock—shortly after Read went out under the pretence of getting half a pint of beer, did not return—she lived at 21, Barrett s-court Oxford-street—I went there on Saturday morning, about ten o'clock, art they had both left their lodgings.
MARY RAMFORD . I am matron of the workhouse at St. George's, Hanover-square. On Saturday morning, the day after the robbery, Read came there and asked me to allow Nathaniel Ware to go out to see his sister who was dying—she had formerly been there herself—I said I was sorry to hear it, but I did not know he had a sister—she was dressed in a very improper manner for a girl of her description—she had a new cap, a black velvet bonnet and trimming, ear-rings, lace, mits, good shawl, and very superior to what she used to have—I had given her clothes fit for a servant to go to a situation.
MARIA OSBORNE . I am the wife of Charles Osborne—he lives in Exeter-street, Chelsea. On the 10th of March, both the prisoners came with Ware, who passed as Palmer's husband—they came to take my lodgings, and asked if I had a room to let—I said I had, and told them it was 4s. 6d. a week—Palmer told me she had been nursing an old lady at Blackheath, eight or nine months—Read said she had just left her sitaation with the musician to the Queen—she did not say where he lived—Palmer said Ware was her husband, and they had been married a fortnight—that her daughter had just left her place—she had between six and seven sovereigns wrapped up in her handkerchief in a little box—they took my lodgings as man and wife, and were very well dressed indeed.
Read's Defence. I did not know where the property or money was kept.
Palmer's Defence. I had no box or sovereigns in my possession—that person said she would take my life away if she could—I do not know why—I live servant in the neighbourhood, which Mr. Brien, a juror knows very well—I did not say I had been living at Blackheath.
READ. GUILTY. Aged 16.—Recommended to mercy.
Confined One Year.
PALMER. GUILTY . Aged 37.— Transported for Ten Years.
JAMES TURNER . I live in Cross-street, Hatton-garden. On Thursday, the 31st of May, at one o'clock in the day, I stopped the prisoner in my massage with the bundle—I desired to examine it, and he ran away—I overtook him with the bundle under his arm, and asked what it was——he said it was dirty linen cravats, and threw it down—I took it up—it ontained two shawls and a scarf, which are mine, and had been in a Irawer in the bed-room on the first floor—I had seen them there ten minutes before.
Prisoner's Defence (through an interpreter.) I went to St. Katharine's Docks to see the large vessel which was about to start for America—I met a Frenchman who had a bundle in his hand—he told me to take it while he went a short distance, and he would return, and we should go and dine. together—I stopped at the prosecutor's house about a quarter of an hour vent into the passage, and the gentleman came and questioned me.
GUILTY * Aged 30.— Transported for Seven Years.
1583. ISAAC JOSEPHS was indicted for burglariously breaking and entering the dwelling house of Charles Stevenson, at St. George-the-Martyr, about the hour of three, in the night of the 7th of June, with intent to steal, and stealing therein, 1 lamp, value 1l.; 1 bat, value 1s.; 2 saltcellars, value 6s.; 1 cruet stand, value 5s.; 7 cruets, value 8s.; and 2 spoons, value 8s.; his goods.
GEORGE HOBBY (police-constable E 129.) On the 8th of June, I was in Orange-street, and met the prisoner about hall-past three o'clock in the night, carrying this lamp—I asked him where he was going with it—he aid to No. 29, Hart-street—I asked where he brought it from—he said from No. 5, Eagle-street, and he was moving from there to No. 39, Hart-street—I said, "I will accompany you to No. 29, Hart-street, to see if it is correct"—I went up—he rang the bell several times—a female put her head out of the second floor window, and said, "Ring the top bell, it is Jane you want"—he had rung the middle bell—finding nobody came to the door, I'took the prisoner on towards the station house, at the corner of Charlotte-street; and near the station house he suddenly started off, leaving me with the lamp—it was several days before I found him, which I did in Drury-lane—as he ran away, I saw him throw four picklock keys down an area—I got them up, and produce them.
Cross-examined by MR. CLARKSON. Q. What kind of a night was thie? A. A very clear night—there was no difficulty in seeing him, nor anything belonging to him—I had not hold of him at the time he ran away—I had, the lamp to take care of—he made his escape into the rookery at St. Giles's—I did not consider him in custody—I thought he might be moving as he said—I did what I could to catch him—I know his uncle—I told his uncle I wanted him for a row or something of that kind—I had never seen him before that night—he dropped the keys at the corner, of Stratham-street, in Charlotte-street—that was after he ran—he had not run many minutes when he dropped them—I did not stop to pick them up—I got them in two minutes afterwards.
of the 7th of June, I shut the house up and left it safe—the parlous window was shut down—I went to bed at eleven o'clock—the lamp and other property was safe—I fastened the street door with two bolta and chain—I was the last person up in the house—the lamp was on the opposite side of the room from the window.
Cross-examined. Q. What is the name of your fellow-servant? A. Martha Madden—she is not here—when before the Magistrate I said that the front-parlour shutters were both sufficiently down to prevent a man getting in—Martha does not shut up any part of the house—it was all found open in the morning.
CHARLES STEVENSON . I am a builder, and live in Devonshire-street On the morning of the 8th of January, I was disturbed about a quarts before four o'clock, and found the street-door open, one of the parlour windows lifted about half-way up, and the shutters open—the lamp and other property was gone—this is the lamp—(looking at it)—my house is in the parish of St. George the Martyr, Queen-square.
Cross-examined. Q. Was there any violence done? A. No; nobody but my family live in the house.
GEORGE JOHN RESTIEAUX . I am a policeman. On the morning of the 8th of June, I saw the prisoner in custody of Hobby, with the lamp—he spoke to a woman out of the two-pair of stairs—I am positive he is the man—I went into the road on purpose to take a good look at him.
Cross-examined. Q. Were you acquainted with him before? A. No, I was not.
(Goodyear, a hatter, at Hampstead, and George Dean, of York-terrace, Pimlico, gave the prisoner a good character.)
GUILTY of Stealing only. Aged 17.— Transported for Seven Years. (There was another indictment against the prisoner for burglary.)
CHARLES BALLINGER . I am shopmanto Mr. Maclean, a bookseller in Ship-yard, near Temple-bar. The prisoner brought these books to my shop, and offered to sell them—I told him I could not answer him, as master wat a little way off, but I would go and fetch him—I did not fetch him, but fetched Mr. Powis, the prosecutor—I believe his name is William—he came in, and said directly he saw them, "These books are mine"—the prisoner said all that was in the bag was Mr. Powis's, when he was taken into custody, and asked if he had taken any from any body else—Mr. Powis has chambers at No 4, Carey-street—he said in the prisoner's presence that he had lost the books, and that he had seen them safe ten or twenty minutes before—his name was in some of them, and rubbed out of others—here is "W. Powis" in one of them.
JAMES MILLS . I am a policeman. I took the prisoner in charge, with a bag and handkerchief containing books—I was present at the conversation with Mr. Powis, and heard the prisoner say all the books were Mr. Powis's.
(The prosecutor was not in attendance.)
NOT GUILTY .
HENDRY DODD , Jun. My father kept a public-house at Ealing, and it now dead. John East, the pot-boy, brought home a lot of pots; among them was one with the prisoner's name on it—here are five pots in all, with the prisoner's name on them, "William Bennett," but which were my father's, Henry Dodd—the prisoner keeps a beer-shop—my mother now keeps the Horse and Groom, at Ealing—the prisoner lives near us—here is one pot which I can swear to—I have others to match with them—I can discern where the name of "Oliver" has been erased—my father succeeded Oliver—here are three which I can discern, and there is the broker's mark at the bottom—some of them were found in the prisoner's possession by the officer—when he was in custody, as we took him to Brentford, he said to me, "Dodd, if it goes against me, don't be too harsh, you shall lose nothing by it"—the policeman was present when that was said, but I believe he did not hear it—he bad just got out of the cart.
Cross-examined by MR. PRENDERGAST. Q. The policeman was present, but did not hear it? A. He was not exactly present, he was near—the pot-boy heard it also—the pot-boy has been with me, and in the habit of handling the pots for five years—he complained of losing a pair of trowsert the other day—my box was not searched, and the trowsers found in it—they were found in my father's box—my father is dead—it was not my box—the key was in the box—it was in my mother's room—it is a room which is generally let to lodgers—the boy did not complain that I kept a sovereign from him—he did not say the trowsers were in my box—he said he thought they were there—I would not let him look; if he had said he thought they were there, he would have been allowed to look—he was in the room in the afternoon, looking for shoes, and I suppose he looked in the box, and saw the trowsers—I will swear to five of these pots being my father's property.
JURY. Q. The quart pot has not been taken in stock at all? A. No—this I brought down stairs after the broker was there; but if they are not marked, I believe they belong to the party who takes the house—I saw these pots in my father's possession after the broker marked them in February last—the prisoner was discharged before the Magistrate on his own recognisance.
Cross-examined. Q. Did the policeman hear that? A. He did not hear it, but he was in the cart—I lost a pair of trowsers—they were found in Mr. Dodd's box—they were put there in mistake for a pair of his—I night have got them without the policeman coming—I did not—I have lived there pretty nearly four years—I might have got them if I had asked for them, but I would not—I did ask for them, but none of them knew where they were—I also lost a sovereign—I called in a policeman named Pascal—I know a policeman belonging to the Great Western Railway—I did not tell him I was coming here to be a witness, and should get my sovereign back after I had sworn to the pots—I know this pot more than any of them—it is bent down, and I tried to hammer it up—I remember it being there about four months after the prosecutor came there—he came into the house a month before Christmas.
which he brought me—I then ordered another pint—he did not bring that, but it came from his house in two pots of this sort—I afterwards went to Dodd, and asked him if he had lost any pots—I then went to the prisoner's house and said I wanted to look over his pots—he said, "Very well"—I looked over them with Dodd who identified several—the prisoner said they were not Dodd's—he told the Magistrate he bought them of a Mr. Terry.
Cross-examined. Q. Did you hear any thing pass between him and Dodd, in getting out of the cart? A. I was not there, I was just inside the gate of the station-house—the cart stood against the gate—it was me who found the boy's trowsers—I found them in a room in Mr. Dodd's house—Dodd and East took me to the room—Dodd opened several places before he got to the box—the boy fixed on the box—I asked Dodd if the boy might take them—he said, of course, if they were his—he said they had, most likely been put there by mistake, in taking the inventory of all the things, and the matter stopped there—the boy did not make any charge of felony—he came to the station-house some days before, and said that his trowsers were stolen.
MR. PRENDEROAST called
WILLIAM WHITE . I am a labourer, and have worked for the prisoner—I have cleaned his pots—I know this to be the prisoner's pot—I have known it in his possession about twelve months—I have cleaned it very frequently, and cannot be mistaken in it—it was openly used in his trade—I know this other one, by cleaning it in the house, and I marked it myself above twelve months ago, here, in front, because there was no name on it—here is another I have marked.
FRANCIS REEVES . I live with the prisoner. I know his pots, and have been in the habit of cleaning them every morning, when they have been at home, for between ten and eleven months—White was there before me—I can undertake to say these pots have been in my master's possession since last August.
JURY. Q. Is it not a very common thing for pots to be exchanged by different publicans? A. It is—not a fortnight ago I went and found one of the pots at the Horse and Groom.
NOT GUILTY .
Before Mr. Justice Littledale.
1586. JOHN PEARCE was indicted , for that he, on the 13th of June, upon Cosmo Sablich, unlawfully, maliciously, and feloniously, did make an assault, and did cut him on his left thigh, with intent to main and disable him.—2nd COUNT, stating his intent to be to do him some grievous bodily harm.
COSMO SABLICH (through an interpreter,) I am a sailor. I have lately returned on a voyage from Bombay, in the Edinburgh. I know the prisoner—he came with me from Bombay to China, and from China to England—we landed at Black wall on Tuesday, fourteen days ago—we both lodged in one house, and took our meals together—last Wednesday week at eight o'clock in the evening, I went to a public-house and saw the prisoner there, dancing—I did not speak to him, nor he to me—we had no quarrel there, but we had about ten months ago, abroad—I left the pnblic-house about twelve o'clock—I did not see the prisoner when I came away—I saw a policeman as I came out of the house, and spoke to him—he asked where I was going, and I said I was going home—about five minutes
after I met the policeman I saw the prisoner coming round the oorner of a house—I was going home in a straight direction, and he met me—I said nothing to him, but he said to me, "Who are you?"—I told him any surname directly—nothing more passed, but he stabbed at me—the first time I did not take notice of it, as it was like a flea-bite—I thought was skylarking—but the second stab was rather sharp—I felt the pain—and the third time I caught hold of him by the wrist—the first blow was given close to my thigh, by the groin—the second, a little further out, of the hip, in the groin—I saw a knife in his hand—when he caught hold of me by the wrist I sung out for a policeman, but there was not one there, and the prisoner said he should kill me that night—when he let go of my warist I ran back to look for a policeman, and met one a few minutes after wards—I caught hold of the prisoner by the wrist at the last blow—he gave me a slight touch after that, with the knife in the groin—one of the cuts went in a good bit—the last one went barely inside the skin—I told the policeman what had occurred—he took me to the station-house and afterwards to a doctor, and my wound was dressed there—the prisoner was brought to the station-house in ten minutes afterwards—he said nothing to me at the time he made the blows, except at the third blow, when he told me he should kill me that night—when he was brought to the station-house I told him "You meant to kill me this night"—he made no answer—I do not know what street this happened in—it was near Blackwell.
Cross-examined by MR. DOANE. Q. Hate sot you gone by the name of Antonio? A. They put that name down in my passport when I shipped—I have not always gone by the name of Antonio—I always went by that aarne on board the Edinburgh, but that was not my fault—I had a passport to show—they put my name down in the book as Antonio—I cannot read or write—I gave them my protection to show my name—they would not call me by any other name—I was sworn before the Justice—I took my oath in my own right name—I am quite sure of that—my deposition was taken down in writing by the clerk at the office, and I was asked if It was correct when it was read over to me—it was correct. (The deposition being referred to, was made in the name of Antonio.) Q. How long had you been in the public-house? A. It was about half-past eight o'clock when I went—I came out about twelve o'clock—I had drank a little, but was in my senses—I was quite merry with the other people, but was not in company with the prisoner—when the prisoner came up to me we did not both walk away together—we met each other, and did not walk away together—we never walked together—he was coming round the corner, and I was going home—neither first or last did we walk together.
JOHN NICHOLAS . I am a policeman. I was on duty last Wednesday week in High-street, Poplar, about twelve o'clock at night, and saw the prosecutor come out of the Angel public-house—he stood still—the prisoner came up to him—he did not come out of the house—I heard them speak together, and they walked away—I walked one way, and they appeared to be going the other—I did not watch them—I returned agaia toe same day, and saw the prosecutor coming towards me—he made me understand, as well as he could, that he had bees stabbed, and pointed to his groin—he unbuttoned the waistband o£ his trowsers, and I saw the wound bleeding—I left him in the hands of a constable to take him to
the station-house—in consequence of what he said I went in search of the prisoner, but did not find him—I described him to the first man I met, then returned to the station-house, and found the prisoner there—both the prisoner and prosecutor appeared to have been drinking, but were able to walk, and converse together—the prosecutor seemed to be the soberest of the two—I am sure it was the prisoner I saw with the prosecuter—I saw him walk away with the prosecutor—they appeared to me to go away amicably—I heard them speak to each other, but I did not take notice of what they said.
MARTIN COPELAND . I am a policeman. Last Wednesday week, in consequence of information, I went in search of the prisoner, and found him in a few minutes, coming round the corner of a street into High-street—I stopped him, from the description I had received from the sergeant, of his—dress and appearance, and asked where he was going—he said he was waiting for a coach; he was going to London—he said he had done a good deal of business down here, and had got a deal more to do in London—at that time Sladden, another constable, came up—I told him my suspicion and we questioned the prisoner as to having a knife—he said, "No, me no knife"—I said he had better go with us to see the man—he said, "Me no stab man, me no hurt man"—he did not refuse to go—at that moment he was fumbling in his inside jacket pocket, and Sladden seized his arm, and there was an open knife in his hand—I perceived some blood on bis hand-Sladden took the knife out of his hand—I saw at the station-house that the handle was covered with blood—the prisoner put his hand into the same pocket again, took something out, tore it into three or four pieces, and was throwing it away, but I seized it—it was a piece of brown paper, co. Tenil with blood—I took him to the station-house—the prosecutor was there, and the moment he went in he said, "That is the man"—they spoke a word or two in some foreign language—I have the piece of paper here, and have had it ever since.
Cross-examined by MR. BODKIN. Q. That was in the same pocket in which the knife was, was it not? A. Yes—I said nothing to him, except asking him to go and see the man, before he said, "Me no stab man, me no hurt man," but I believe the other officer had asked him if he had not stabbed a man.
WILLIAM SLADDEN . I am a policeman. I was on duty last Wedneday week—the prisoner was detained by Copeland—as he was taking him to the station-house, I asked him if he had stabbed anybody, or if he had been doing any thing—he said, "No; me no hurt man; me no stab man"—I asked him if he had got a knife about him—he said, no; he had no knife—I then saw him put his hand into his pocket—I asked him what he had got there—he said a knife—when I came under the first lamp I looked at it, and it was covered with blood—I took it from him—I saw him put his hand a second time into his pocket, and pull something out, which he was going to throw away, and Copeland took it from him—I saw his hands were in a bloody state—Copeland took him to the station-house, and the prosecutor said, M That is the man"—I produce the knife—I hare had it ever since.
Cross-examined. Q. Do you know where the transaction occurred? A. I understand between the Angel and the Harrow public-houses, about forty or fifty yards from where I took him—he was standing by the the Harrow, when I took him, talking to Copeland—I understand it happened
between the Harrow and Angel, which are about a hundred yards part.
WILLIAM BAIN . I am a surgeon, and live in Brunswick-street, Black-Wall. The prosecutor was brought to me on Thursday morning, the 14th, about two o'clock—I examined him, and found three wounds in the upper part of his left thigh—two were very slight wounds, and another was more severe—it was nearly an inch deep—they appeared to have been made by sharp-pointed instrument—they could have been made by such a knife this—the prosecutor's trowsers were cut through—there was blood on is shirt, and, I think, on his trowsers too—I did not observe any wound in his wrist—I dressed his wounds, and attended him afterwards—I attend him still, as they are not quite healed yet—they were not of a dangerous description.
Cross-examined. Q. That is a very formidable weapon, is it not? A. It is certainly—two of the wounds were very slight.
GUILTY of an Assault only. Aged 38.— Confined Eighteen Months.
Before Mr. Common Sergeant,
1587. ALBERT DE TUR was indicted for feloniously forging an indorsement on a Bill of Exchange for £118 9s. 6d., with intent to defraud William George Prescott and others.—2nd COUNT, for uttering the same.—3rd and 4th COUNTS, stating his intent to be to defraud William Irwin.
MESSRS. BODKIN and DOANE conducted the Prosecution.
MARY ANN IRWIN . I am the wife of William Irwin, of Long-lane, Bermondsey. The prisoner came to our house about the beginning of August last—my husband was out—he asked for James Irwin—I told him my husband's name was William—I said his father's name was James, but he had been dead some time—he told me there was a little money in France for us—I told him a little further respecting my husband's family, and sent for my husband—when he came, he gave him the same statement—he said he had come from his employer—he did not name Mr. Fleury's name—I heard him afterwards name Mr. Fleury as a person in Paris—he said it was 3000 francs, for a debt owing to my husband in France—the debt was more than that, but ray husband was to sell him the debt for that—he came again in September, when my husband was out, and said there was a little more to do before the money could be got; that the two affidavits signed before, must be signed again, saying that he was the only heir, and by the law of this country entitled to the property—he came again in March, when my husband was out—I said my husband was going to write to Mr. Fleury—on the 6th of March, the day before the prisoner came, we had received a letter—on my saying my husband was going to write to Mr. Fleury, I also said he intended to give the agreement to a friend who was going to France, to take what steps he thought proper with Mr. Fleury—he said he hoped my husband would not do such a thing as that; it would be a great dishonour to Mr. Fleury's character—he then said Mr. Fleury had written to him, three weeks back, stating he would pay my husband interest from the 1st of October last, and he said he hoped Mr. Irwin would not write till he called again, which would be on the Thursday or Saturday week following—he did not call again at our house at any time—he said nothing about the letter he had written to us before.
Cross-examined by MR. PHILLIPS. Q. Were you examined befor the Lord Mayor? A. Yes—I did not sign any deposition—the prisoner was present when I was examined—I saw somebody writing—I do not need. lect whether it was read over to me—I signed nothing.
WILLIAM IRWIN . I live in Long-lane, Bermondsey. I became entitle to about 3000 francs in France—the prisoner was engaged, through Mr. Fleury, to recover it for me, and Mr. Fleury was to have the overplus—I was to have 3000 francs in full of my claim—that was arranged in Augest last, and it was to be paid in three weeks after the agreement was signed—about the 26th or 27th of September, rather better than three weeks after, the prisoner called, and said the same two affidavits must be signed again—I think I saw him once again after that—I got both these letten from him—(looking at them)—one is dated the 4th of August, 1837—I have acted on the first letter, and seen him on the subject of it—I believe the letter to be his hand-writing.
Cross-examined. Q. Did you ever see him write? A. I hare, at my own house—on the 26th of October I saw him write.
"To Mr. W. Irwin.—Lloyd's, Royal Exchange, Ang. 4tb, 1837.—Dear Sir,—Your document will be ready for signature, on Monday, 12 o'clock, but I want, indispensably, the family and Christian names of the witnesses besides the date of your father's death—pray send it as soon as possible to 20, Great Russell-street, Covent Garden—mind and impress this more particularly on the minds of your friends, that the affidavit must state that you are now the only heir of the late James Irwin—pray don't forget to send the names of your witnesses.
"ALBERT DE TOT."
WILLIAM IRWIN (continued.) I did not obtain any money from the prisoner during 1837—the last place I knew him living at was No. 15, Willow-street—I called there repeatedly, and left messages for him—I at last threatened to write to Paris, and on the 6th of March I received this letter—(read)—
"To William Irwin, 17, Norton-street.—March 6th, 1838.—Dear Sir—Being very much engaged in this quarter, I am not able to see yon to-day, but will call on you to-morrow, or Tuesday at latest, between twlve and four o'clock—I am writing to-day to Mr. Fleury, and shall inform his what you intend tor do.
"ALBERT DE TUE
MR. IRWIN. He called at my house the day after that letter was sent, but I did not see him—I waited until the 20th of March, expecting him to come, and then wrote to Mr. Fleury, at Paris, and received an answer; in consequence of which I went to the banking-house of Grote, Prescott, and Co.—the endorsement on this bill of exchange—(looking at it)—"Pass to the order of William Irwin," is not my hand-writing—I gave nobody authority to do it—I did not know that there was such a bill in existence till I got a letter from Mr. Fleury, and went to Grote's—I never received a farthing of the money—I believe the endorsement, "Pass order of William Irwin," to be the prisoner's writing.
Cross-examined. Q. How often have you seen him write? A. Once,
in October last—I have got his writing clear in my memory, I recollect it well—if it were a hundred miles off, and I was to look at it, I should at once know it—if I was down at York, and saw the paper there, I would rear it was Mr. De Tur's writing, to the best of my belief.
MR. BODKIN. Q. You took particular notice of his hand-writing? A. Yes; and have had letters from him besides—if I saw the bill ia Yorkshire I should have the same belief.
MR. PHILLIPS. Q. Had you known him long? A. Never, tin that Iime—I never wrote any thing for him—I never wrote letters—I signed my name to the agreement—the "W" is like my hand-writing—there is nothing else a bit like it, not a morsel like it.
MR. PHILLIPS. Q. Is it from acting as attorney for this man that you have seen him write? A. Yes—he never passed the Insoltent Court, but filed a petition—he settled with his detaining creditor—I have seen him write many times.
JOHN CRITED . I am acquainted with the French language—the translation of the first indorsement on this bill is—"Pay to order of William Irwin value for the account of the price of the debt he has ceded to me in France, 20th October, 1837. L. Fleury."
(The bill was here read, and toot for 118l. 9s. 6d. at three days after date payable to order of L. Fleury.)
HENRY GEOROB CHAPMAN . I am one of the principal cashiers of the house of Messrs. Grote, Prescott, and Co.—(looking at the bill)—I remember this being presented on the 4th of November—I believe the endorsement was the same as the one on it now—I paid the amount with five £10 notes, Nos. 17551 to 17555, dated 5th October, 1837; ten £5 notes, Not. 39135 to 39144, dated 3rd October, 1837; and 18l. 9s. 6d. in money—I believe these three notes (looking at them) to be the same as I paid away on the 4th of November—they correspond in number and date—from the entry in my book, I should think it must have been about half-past eleven o'clock when the bill was presented.
Cross-examined. Q. Have you any recollection who presented it? A. I have not—I do not know one Urquart—I was at the Mansion-house—the prisoner was pointed out to me—I was asked if he was the person, and I had no recollection of him—I cannot identify him.
MR. DOANE. Q. How many months after the 4th of November did you see him? A. Five or six months.
WILLIAM HENRY MEAGLE . I am in the employ of William Masters, a pawnbroker, living in Jermyn-street, S. James's. The prisoner pawned some articles at our shop—(looking at the three notes)—these have my writing on them—on the 4th of November, 1837, the prisoner came to redeem the articles, and paid me these three notes—I do not remember what time in the day it was—I had often seen him before, and knew him well.
Cross-examined. Q. Was anybody else in the shop at the time? A. I really cannot say—we have a boy—I believe there was somebody else in the shop at the time—I do not know a Frenchman of the name of Urqnart by name—many foreigners pledge at our shop—I have known the prisoner eighteen months, or two years—he speaks English—I have a duplicate, but have not brought it here.
GUILTY . Aged 46.— Transported for Seven Years.
NEW COURT.—Monday, June 25th, 1838.
Sixth Jury, before Mr. Sergeant Arabin,
1588. JOSEPH FRANCIS and CHARLES MANGHAM were indicted for stealing, on the 19th of May, 36 veneers of wood, value 1l. 10t, the goods of William Hunter and others, their masters; and SAMUEL COWLAND , for feloniously receiving the same, well knowing them to have heen stolen; against the Statute, &c.—3rd COUNT, for feloniously receiving the same of an evil-disposed person, well knowing them to have been stolen; against the Statute, &c.—Three other COUNTS like the first three, only stating them to be the goods of William Hunter (only) their master.
MR. CLARKSON conducted the Prosecution.
GEORGE CLAMPITT . I am foreman to Messrs. Hunter, the father and two sons, Mr. William Hunter is the father—they have a timber-yard is Boyd's-place, Shoreditch. A day or two after the 21st of May William Reader brought to me two outside veneers—on the 2nd of June I discovered on our premises a whole parcel, exactly corresponding—I was able, on discovering them on the 2nd of June, to say, that these pieces of wood came from the same block with those that were brought to me by Reader—I can swear it—they were the property of Messrs. Hunter—these are the veneers—(looking at them)—they are worth about 50s.—there are thirty-six of them—in consequence of the discovery I made, I went with Attfield to the house of the prisoner Cowland—he and Francis were acquainted—Cowland had purchased some little articles at our shop once—after Cowland was taken I went to the yard, and took Francis—I said, "Joe Cowland is taken into custody for having sold veneers to Mr. Reader cheaper than we could sell them at, and Cowland says he bought them of you"—Francis denied it, and said he did not—I said, "Well, if you are innocent go forward and prove your innocence," and we took him into custody—I afterwards went to the station-house—Cross the officer searched Francis, who said, "You may as well let me search myself; I shall very soon put some more policemen to work"—and he pulled out several papers—these were papers which are generally sent out from the saw-mill—they are in Court—and he said, "You understand these papers, Mr. Clampitt, just look at them; these deals have never gone to Messrs. Hunter at all, they have been sold"—he said "deals" or "planks," I will not be positive which—we took the papers—he said, "I "have sold them and spent the money"—he said that a man of the name of Devonshire, Cowland, and Joe had drawn him into it when he was drunk, and he had been carrying on the game for some time.
Cross-examined by MR. PHILLIPS. Q. You said you went to Francis, and told him that Cowland said he had bought these things of him? A. Yes—Attfield said, when he came in, "Mr. Cowland, you have been selling some veneers to a man of the name of Reader too cheap," (or something to that effect," "I suppose you had them from Joe"—he said "Yes, that is right"—he admitted at once he had them from Joe—I do not recollect wheather he mentioned the price to him or to him or to the officer in my presence—he might or might not—I found Cowland at his own house, which is a little sawing-yard—there was nothing at his yard of ant consquence—I searched to see if I could find any thing—I found a piece of rose-wood, that was all—I belive Cowland is married.
MR. CLARKSON. Q. Cowland had purchased at the shop? A. Yes once—but he had been more than once at the shop.
COURT. Q. Were Francis and Mangham both in the employ of the prosecutor? A. Yes, as porters.
WILLIAM READER . I live at No. 32, Church-street, Bethnal-green, and am a cabinet-maker. I had no acquaintance with Cowland before—I knew him, as I had been to his yard, to inquire the price of sawing, and seen him at work—on Saturday, the 19th of May, he called on me about eight o'clock in the morning—he said he had a bundle of veneers, and did I want any—I said I was not particularly in want of veneers—I asked what kind of veneers they were—he said, "Firs"—he said, "I have a bundle for sale"—I asked him where they were—he said, "Lying in the bar of the Porto Bello public-house"—that is just at the back of my premises in Tunrille-street—he took me there to look at them—when I went there, they were lying on a seat under the window—I saw them—there were thirty-six—they are the veneers which have been produced—he asked a sovereign for them—they were cheap at that, and I bought them—I hesitated, on the principle that I really was not wanting them, and on the other hand I was not, strictly speaking, prepared to pay for them—I finished, by purchasing them at a sovereign—when I was hesitating, the prisoner said, "It is no consequence—I can take them somewhere down the road"—but where he said I know not—I did not ask him where he got them from—he told me he was in the habit of going to a saw-mill to measure timber, frequently in the morning, that he bad been that morning, and had received these veneers for his morning's work—I appointed him to call at my house for the money that day after two o'clock—he called between two and three o'clock—I gave him the sovereign—we went to a public-house, and had some beer over it—he said he would not make a dry bargain—he offered me some other veneers—he said he had some he could sell me for less than I was giving for them—I told him the price I had paid Mr. Hunter for some veneers, which he, on that day, or some day previous, had seen—he told me he could sell them cheaper both that day and at the public-house—they were what we call "rowey wood," which has a strong feature all the way down the pattern—I never had a specimen, I showed him the wood I was working, some was worked and some not worked—in consequence of this conversation, I agreed to meet him on Monday, and go with him to Limehouse, to buy some waste timber—after I had left him, I reflected on this circumstance, and went to Mr. Hunter on Monday—I do not know Matthews—I never saw Devonshire till that Monday, when I went to meet Cowland at the Swan public-house, to go to Limehouse—I found the prisoner Cowland and Devonshire there, and Cowland said that his friend in the bar was in distress, and as he had been offering planks to me at 4s. 6d. each, eighteen in number, he said, "Will you, in order to assist my friend, who must be at Somerset house at four o'clock this afternoon, advance me 15s. on account?"—in the bundle of veneers, I purchased of Cowland on the 19th of May, I discovered on the 2nd of June part of the name of Hunter in chalk—it was on a waste veneer which had been outside, but it was placed in the centre—I could distinctly discover the letters "unter," but the "H" was partly obliterated—I showed it on the evening of the same day to Mr. Hunter's foreman, and delivered it up with the remaining portion to Attfield.
Cross-examined. Q. Did you not examine the veneers before you paid for them? A. No—I am not generally in the habit of examining things
before I buy them—I did turn these over quite sufficiently for such ai these—I examined them attentively—I have never on any other occasion bought in a public-house—I had no suspicion when I bought them—I should not have bought them if I had—I did not think it was an unreasonable price—I had known Cowland perhaps a fortnight—I never had a transaction with him.
WILLIAM ATTFIELD . I am an officer of Worship-street. I was sent for on the 6th of June, and went with Clampitt and Reader to the hour of Cowland, in Club-row, Bethnal-green—I took him into custody there and told him he was charged on suspicion of selling some veneers to Mr. Reader, which had been stolen from Mr. Hunter, in Boyd's-place, Shoreditch, and that I suspected he had bought them from Joe—he said, "Yes, that is right"—I took him into custody, and brought him to the police-office—I produce the veneers—they were delivered to me by Reader—on one of them were the letters "unter" and part of the "H."
Cross-examined. Q. Are you aware that Cowland had all his property seized for debt? A. I was told so—I have no doubt of it—he has two or three children.
WILLIAM BROOM CROSS (police-constable G 217.) On the 6th of june I went with Clampitt to Messrs. Hunter's yard, and took Francis into custody—I heard the foreman tell him that Cowland was taken into custody for selling veneers much cheaper than Mr. Hunter could sell then, and that he had bought them of him—he declared his innocence—I told his he must go with me to the station-house—he was quite willing to go—; when at the station-house, I began to search him—he said, "Since it is come to this, I may as well set some more policemen to work,"and he pulled some papers out of his pocket.
GEORGE SADLER . I live in Hertford-place, Globe-road, and am a cabinet maker. On the 6th of June, in consequence of a message brought to my house, I went to Cowland—he was then at Worship-street—I saw him there—he said, "Mr. Sadler, you are here"—I said, "Yes, what is all this about?"—he said, "Some veneers, and you can save me if you will, say you found them in the street, picked them up, then threw them into your cart, and afterwards gave them to me"—I immediately informed Mr. Hunter.
Cross-examined. Q. Had you known him anytime? A. Yes, some years—he is married, and I believe has a family—I have employed him for years as a sawyer—I never knew any thing of him, but a hard-working struggling man.
(The prisoner Cowland received a good character.)
FRANCIS— GUILTY. Aged 22.—Recommended to mercy by the Prosecutor.
COWLAND— GUILTY. Aged 38.—Recommended to mercy by the Jury.
Confined Nine Months.
MANGHAM— NOT GUILTY .
GUILTY . Aged 13.— Confined One Year.
NOT GUILTY .
JAMES PBITCHARD . I am a butcher, and live in Seymour-place. Mr. John Hamilton has his meat of me—the prisoner came to me on the 23rd of May, and said she wanted a neck of mutton and a small piece of beef for Mr. Hamilton—I served her—the mutton came to 3s. 6d. and the beef to 4d.—she went away and came again on Saturday morning following, when I had her taken.
JOHN HAMILTON . I am a solicitor. The prisoner had the charge of my office, in Berners-street—but she had left me on the 13th of February—I dealt with Mr. Pritchard, but I never sent the prisoner for this meat.
GUILTY . Aged 29.— Confined Three Months.
NOT GUILTY .
GUILTY . Aged 68.— Confined Two Years.
Fifth Jury, before
GUILTY . Aged 34.— Confined Two Years.
OLD COURT.—Tuesday, June 26th, 1838.
Fourth Jury, before Mr. Common Sergeant.
MR. PRENDERGAST conducted the Prosecution.
JOHN GARNHAM . I live at No. 1, Fleur-de-lis-court, Gray's-inn-lane. I knew the deceased William Norris—he was about twenty-five years of age, and appeared a healthy man—between ten and eleven o'clock on Satnrday night, the 9th of January, I was at the Two Blue Posts, Gray's-inn-lane—Norris and Cunningham were waiting there for me—we had one pot of half-and-half, and a quartern of gin-and-peppermint between Cunningham and I, and the deceased, my wife, and sister—the prisoners were in the tap-room—the deceased went into the tap room to light his pipe while we stood at the bar—there was a row occurred between the deceased and the prisoner—I did not see it begin—I saw Norris standing with his back leaning against the wall when I opened the tap-room door, with his nose bleeding—there were seven or eight of them stood before him—I ran in and jumped on the seat, ran over the table and got by the side of him—he said, was there nobody there to take his part—I said I would take his part as far as I could—some fell about me and some fell on him, and we were Pushed out of the tap-room door—I do not know that Linford shoved me out but they were all shoving—I do not know Soulter—I did not see any thing
more occur to the deceased after that—Linford struck Norn's, and I struck Linford—I did not see Linford strike Norris—he struck him before I came in—nobody saw him struck—Cunningham carried Norris out of the room.
Cross-examined by MR. PHILLIPS. Q. How many persons do yes suppose there were altogether in the room? A. Twelve or fourteen—I had not been with Norris till after eight o'clock—I cannot tell what he had been doing after he parted from me—we parted at the corner of Elm-street, about eight o'clock.
WILLIAM CUNNINGHAM . I was present at the house—the first thing I saw in going into the tap room was Norris leaning with his back against the wall with his nose bleeding—I did not see any blows after that.
Cross-examined. Q. Did not Norris and Garnham call for some run? A. Yes—that was before this happened.
JOSEPH LEWIS . I live at No. 7, Gray's-inn-square. I saw the prisoner Linford and the deceased fighting—a few blows were struck, and Linford left off, went out of the tap-room, and stood in front of the bar—his hat and coat were on the seat—I took them out to him, and was helping his to put them on, when Garnham came out of the tap-room, struck him, and knocked him down—Soulter was at the bar lighting his pipe at the time and he struck Soulter also—Soulter then struck him—the deceased came out of the tap-room, and, seeing his friend Garnham fighting with Soulter, he fought Soulter also—another man came out of the tap-room, and seeing two on Soulter, he fought with one of them, and both fell down against the door, (Garnham and a man that is not here)—they were parted and pushed out—the deceased first appeared ill about twelve o'clock—I did not see him ill at all—the last I saw of him was when he was fighting in the souffle.
ROBERT COMBE . I live at No. 5, North-place, Gray's-inn-lane, and as a member of the Royal College of Surgeons. About half-past two o'clock in the morning of the 10th, I was called in to the deceased—I examined his body, but found no visible external marks to prove he died from any injury—I had an order from the Coroner to make a post-mortem examination, and, on the 12th, I removed the skull-cap—I found no fissure—I found two fractures at the back part of the brain, and an extended state of the vessels, but the ruptures of the brain might arise from excessive drink—no doubt, the man died from the injury, from the internal hemorrhage which arose from concussion, from fall, probably—I cannot tell whether he was struck, I was not present to see.
Cross-examined. Q. Might not what you saw on the brain have been caused by drinking and fighting, and being excited? A. Certainly—the excitement of his own exertion, if he had drank, might occasion it—I will not venture to say that his death was caused by blows—there was no external bruise.
MR. PRENDERGAST. Q. Supposing a person to receive a violent blow and have a violent fall, and other causes are not proved to exist, should you not presume death to arise from those causes? A. In the majority of
casses, during nine years' experience in country hospitals, I never found a case of that sort—a case of a violent rupture of the brain does not often occur—it was unusually violent—a violent blow or fall, certainly, might produce such symptoms—if no other cause were shown, I should certainly attribute the symptoms to that.
MR. PHILLIPS. Q. You have heard the whole case; having heard it proved that the man drank porter, peppermint, gin, and rum, and having exhausted himself in the fight, will you venture to say that death may not have been caused by the operation of those stimulants on the brain, without any fighting? A. I will not—it is impossible—my opinion is the man was not killed by violence.
NOT GUILTY .
1596. JOSEPH YOUNG was indicted for feloniously breaking and entering the dwelling-house of Joseph Goodman and another, on the 10th June, at Christchurch, and stealing therein, 1 bag, value 2d.; 1 watch, value 4l. 10s.; 40 half-crowns, 20 shillings, 500 pence, and halfpence; the goods and monies of the said Joseph Goodman and other: 1 brooch, value 10s., the goods of the said Joseph Goodman: breast-pins and chain, value 10s.; 1 other breast-pin, value 5s.; 2 sporns, value 10s.: and 1 pencil-case, value 3s.; the goods of Walter Goodman.
MESSRS. PRENDERGAST and PAYNE conducted the Prosecution.
JOSEPH GOODMAN . I live at No. 4, Henneage-street, in the parish of Chritchurch, Middlesex. On Sunday, the 10th of June, I left home at eleven o'clock in the morning—I went to chapel—I fastened all the doors, and made every thing secure—I put the key into my pocket—my house is is a yard—you go through a wicket in a large gate to get to the yard—I locked the wicket-gate after me—I returned at half-past twelve o'clock, put the key into the smaller gate to unlock it, and found it on the spring—it had been unlocked—on going into the yard, I found the outer door of the house open—I missed 5l. in half-crowns, 1l. in shillings, 2l. in copper, in paper parcels, and 5s. in loose silver, and a silver hunting-watch, which belongs to myself and another—I have found none of the property—I found two rooms had been entered, and a considerable quantity of property removed from them—the boxes had all been safely locked up shortly before—; I do not know the prisoner.
Cross-examined by MR. PHILLIPS. Q. Whose house is this? A. Joseph and Walter Goodman's—part of the property is mine; part belongs to us both—I do not know Grey Eagle-street—my street is Henneage-street, nearly opposite Spitalfields.
SARAH FARROW . I am the wife of William Farrow, a veterinary surgeon, and live at No. 5, Henneage-street. Mr. Goodman's gate is nearly opposite our house—on Sunday morning, the 10th of June, I was at the door, with my baby in my arms—on opening it, I saw the prisoner, aboat twenty minutes after eleven o'clock, standing at the wicket, with his hand at the key-hole—my child was crying—he appeared to hear that, and looked round, which gave me an opportunity of observing his countenance—I am positive he is the person I saw at the wicket-gate—I knew him first about seven years ago, by his dealing with my father-in-law—I had seen him a number of times—he keeps a green-grocer's shop—my father was a farmer, and he dealt with him at a potato warehouse—when I saw him he was in the attitude of going through the wicket with his body bent—you cannot
go through without stooping—I did not know where he was living at that time, nor before—I had merely seen him dealing at the warehouse—I did not know his name, but my husband did.
Cross-examined. Q. Was he dressed in dark clothes? A. Yes, he was dressed as he is now—I am positive he saw me—my child was crying very violently—I was never in Grey Eagle-street—I suppose it is five minutes' walk from our house—I know Hare-street—that is about eight minutes' walk from our house.
MR. PRENDERGAST. Q. Had you ever seen him in that dress-coat before? A. Yes, on Whit Tuesday.
DANIEL HURLEY . I am a policeman. On Monday morning, the llth of June, I received information, in consequence of which I apprehended the prisoner—I searched his premises, and found, in a large trunk under the clothes, this small box, containing sixteen half-crowns and two sovereigns—the prisoner keeps a green-grocer's shep in Hare-street, about seven or eight minutes' walk from Mr. Goodman's house—I have seen him in his shop three or four times, with a flannel jacket—he was then in his shop—I also found on his person six half-crowns, three shillings, and sixpences.
Cross-examined. Q. You searched him accurately? A. Yes—Hare-street is a little better than a quarter of a mile from Goodman's house—I do not imagine that it is half a mile—I found no watch nor chain—I found a brooch belonging to himself—I found no breast-pin, nor any thing that the prosecutor claimed.
ALLAN PIPE . I am a policeman. I searched the house in company with Hurley, and under a bed, between the bed and mattress, in that bed-room I found a woman's pocket, with three half-crowns, seven shillings, and five sixpences in it.
Cross-examined. Q. Am I to understand that the prosecutor claims that pocket? A. The prisoner said it belonged to his wife—the prosecutor does not claim it.
WALTER GOODMAN . A fortnight before this, on Sunday, the 27th of May, somebody rang my bell, about half-past eleven o'clock—I opened the dwelling-house door, and then I opened the wicket-gate—I saw a man twenty paces off, going off from my gate, at a quick pace—I called out, "Heigh," and he came back—it was the prisoner—I asked what he wanted—he said he wanted to hire a van for a master of his, to take some goods from Commercial-road to Lambeth—he appeared confused—I told him we had not a van, we had a spring-cart.
Cross-examined. Q. How was he dressed? A. In a dark coat—I attended the examination at the Police office, and tendered myself as a witness to the Magistrate, and was examined—my depositions were not taken down—Mr. Flower attended at the second examination on the prisoner's behalf—I was examined the first time.
(Witnessesfor the Defence.)
MARY JENNINGS . I am the wife of Charles Jennings, a weaver, living in Grey Eagle-street. I know the prisoner, by dealing at his shop—he is a married man, and has a family—I have been in the habit of occasionally doing needlework for his wife—I remember Sunday morning, the 10th of June—I went to Mr. Young's house that day, about half-past ten o'clock. and staid till full half-past twelve o'clock—I was assisting Mrs. Young in
cleaning her children—it is the habit before church-time to serve customers in that neighbourhood—I saw the prisoner—he was serving his customers—he was dressed in a white flannel jacket and dark trowsers—I observed nothing particularly out of the way in him.
MR. PEENDEROAST. Q. Are you any relation to him? A. No—I went for greens and potatoes, and stopped assisting Mrs. Young till half-past twelve o'clock—I did not go home to boil my greens till half-past twelve o'clock—I have a family—I had their dinners to dress, and had neat to get for dinner—I got that just beyond Mrs. Young's house, about twenty minutes after twelve o'clock—I left the house, about five minutes before half-past twelve o'clock, and returned—I had left my house about half-past nine o'clock, to buy my greens—after breakfast I took a walk along the road, before I went to Mrs. Young's—I am a married woman, and have four children—I went with the intent to stop three hours—my friends at home did not exactly know how long I was going to stop—I intended. to stop an hour or two when I went out—my youngest child but one it about seven years old—my father-in-law is always at my house on Sunday, and he takes care of them—I have a young child, four months old, that was in bed—after she takes breakfast she sleeps till nearly tea-time—I often leave my children to attend to the prisoner's wife—not exactly on purpose to attend her—I was in a room adjoining the shop, where she lives—the shutters were up, and the doors also—it was not fastened—I do not say that business was going on till half-past twelve o'clock—the door was closed after business was over—the prisoner was not out at all while I was there—I am certain of that.
Q. On the Sunday morning week did you happen to be there? A. No, on the Sunday morning fortnight I went for spinage and potatoes—I did not notice whether the prisoner was there then—he was there when I went at eleven o'clock—I stopped about five or ten minutes that morning, not longer—last Sunday fortnight we had a small neck of lamb, and on the in question, when I stopped till half-past twelve o'clock, I had a small leg of lamb—I roasted it—we dined between two and three o'clock, or half-past two o'clock, as near as possible—that was not a late hour—we frequently have it at that time, on account of going out on Sunday morning, as my husband is out all the week, and cannot go out except on Sunday, and we take a walk round the place—my husband was with me this morning—he did nothing—he sat talking to us while I was attending to the prisoner's children—the prisoner was serving in the shop, and my husband sitting down in the room with me all the time—he is not here to-day—he is at work—he is quite well—he stopped all the time, went out with me, stopped with me, and came home with me.
MR. PHILLIPS. Q. Your husband is a working man, I suppose? A. Yes, and has to support us all, with what little I can do with my needier—I tendered myself to the Magistrate to give this evidence.
SAMUEL HARMER . I am an undertaker, and live at No. 5, Winchester-street, Bethnal-green. I know the prisoner an shopkeeper—he has kept the green-grocer's shop, I should think, from four to five years—I have dealt with him—I remember, on Sunday morning, the 10th of June, passing his shop, from eleven o'clock to five minutes after—I was going on my business to place a pall over a deceased, about half a mile distant, and returned again—on the first occasion, as I was going, I saw the prisoner, he was standing in his shop, dressed in a flannel jacket and dark trowsers, but colour I cannot say, and no hat—I returned past there, as near
as possible, at a quarter before twelve o'clock, and saw him again—I said "Good morning"—he returned the compliment—I passed on—he was dressed as he was when I saw him before.
Cross-examined. Q. How long would you be walking from Hare-street to Henneage-street? A. I should say a quarter of an hour—a sharp walker might walk it in six minutes, but not at the regular way of walking—I mean to swear that for the last five years I have known the prisoner living and keeping the shop there—in August last he was keeping a shop there and living there, and during September—I cannot say about seeing him—I cannot say about what month I saw him there—I knew him as keeping the shop—I do not say that I saw him during September or October at all—I do not know whether I ever saw him in those months—I migit or might not—I cannot undertake to say that I saw him either in August, September, or October, but he might have been there.
MR. PHILLIPS. Q. Was the shop open, whether he was attending or not—did you ever know the shop closed? A. It has not been closed except on the Sabbath-day during the time he has kept it—I do not know when my neighbours are out or at home—I am a married man, and the father of nine children.
JAMES GOODWIN . I live within four doors of Mr. Goodman, the prosecutor. I attended the police-office on behalf of the prosecutor—I was at home on Sunday the 10th of June, with my cab—I keep three cabs—about a quarter before twelve o'clock, I saw some nun at Mr. Goodman's gate—he looked at me for about five or ten mi—nutes, and I at him—I turned and was doing my cab, and he went in, and was in there for about a quarter of an hour or more, and then came out—I took no more notice till the afternoon, when I went by Mrs. Farrow's door, and spoke to her—she told me about the robbery—the person who went into the premises is not the prisoner—I should know him from a hundred—he was dressed very genteelly—I think he had a brown coat and light trowsers—I attended the police-office after the communication with Mrs. Farrow—Mr. Goodman sent me a summoni, I think they call it, it was on paper—I attended, and the Magistrate examined me—I was sworn, and my depositions were written down—I never saw the prisoner till I was at the office.
MR. PAYNE. Q. Did it strike you as any thing remarkable seeing a person go in there? A. Yes, he looked at me very hard for five or ten minutes—he went through a little wicket—he stooped as he went in—I did not look at any watch or clock—he had on a dark coat—he staid inside about half-an-hour—I did not notice him when he came out—I did not know he was not one of Mr. Goodman's people—I saw Mr. Goodman that Sunday morning, the 10th of June, about one o'clock—I was at home on the Sunday fortnight, all day, about my premises.
COURT. Q. Did you see Mr. Goodman at one o'clock? A. It might be about one o'clock he was at his gate—that was the person I saw—(pointing to Mr. Walter Goodman)—I have often seen that gentleman—I was him that Sunday at his own gate at one o'clock—I was at home all day on the Sunday fortnight before—I did not see the prisoner ring at Mr. Goodman's gate on Sunday fortnight, and then, when the door was opened, run away—I did not see him walk quietly away—I saw the person I described go in at the gate—I am speaking of last Sunday fortnight—I did aot see the prisoner go and ring the bell, and then come out and walk away—I was at
home on the Sunday fortnight before the 10th of June—the man who went in was a slim-ish person—if I was on my dying bed the prisoner is not the man—I can swear solemnly and seriously that the prisoner is not the man—I saw nobody at the prosecutor's door on that Sunday morning, but the person I name—I saw nobody go to the door at twenty minutes after eleven o'clock, and open the door, and go in—I saw nobody all that morning—I did sot sit in the sight of that wicket all the morning—I cannot lay exactly whether I was in sight of the door at twenty minutes after eleven o'clock—I had some conversation with Mrs. Farrow—the summons was left me, I think, on Tuesday morning—I described the person who went in on the Sunday to Mrs. Farrow, previous to going to the office—I gave no description to any officer—after I was called into the witness's box I said the prisoner was not the person—he is not at all like the person—the person bad lightish hair—I could swear to the person among a hundred—he looked at me very hard, and I looked at him very hard—there was so much difference that I could not mistake the prisoner from the person I saw.
MR. PHILLIPS. Q. You mean you could not mistake one for the other? A. No; I never saw the prisoner till he was at the office—I have no interes of any kind in the result of this trial.
JURY to SARAH FARROW. Q. Are you quite clear the prisoner is the person you saw enter the door? A. I am positive.
GUILTY .* Aged 36.— Transported for Ten years.
NEW COURT.—Tuesday, June 26th, 1838.
Fifth Jury, before Mr. Sergeant Arabin.
MR. CHAMBERS conducted the Prosecution.
"Gentlemen,—I have just taken a beer-shop in a situation that I think will answer my purpose very well—all I want is a good article, which I believe you can supply—I should have come myself, but I am a baker by bade, and hold a situation near the house I have taken, consequently I am engaged greater part of the day—I shall feel obliged if you will call upon me immediately, as I am in want of ale—I can give every satisfaction that may be required—if you cannot come immediately, please to send word, as I must provide myself. "I am, Gentlemen, yours, &c.
"5, Gloucester-place, Hackney-road. "To Messrs. Collins and Co., Brewers, Richmond, Surrey." On the day I received the letter, I went to No. 5, Gloucester-place, Hackney-road—I saw Potts there—I asked him if he wrote the letter—he said, "Yes"—I said, "You want some beer, but your premises appear to be out ofcondition"—he said, "Yes, I have only just taken them; I am about to erect wt an engine here, and to make a room up stairs"—I saw a board over the door, stating that beer was sold by retail, to be drunk on the premises—I
am not quite positive that Potts's name was up—I asked Potts for a reference, and he gave me "Mr. Shield, Elizabeth-street, Hackney-road"—I went there—Mr. Shield was not at home—I wrote a letter for him, and received an answer—on the 1st of May I sent to Potts two barrels of ale at 58s. a barrel; two barrels of pale stout, at 365. a barrel; and two barrels of porter, at 335. a barrel; making together, 12l. 14s.—I went there a day or two afterwards, and saw Potts—the ale and porter were then on the premises, but not tapped—I remarked about that, and he told me the beer he had got on tap was not quite out, which was the reason the others were not on tap—I afterwards gave information, and had him taken—our casks were branded.
Cross-examined by MR. PAYNE. Q. You got an answer from Shield? A. Yes, he gave a very satisfactory statement—I understood he was a baker, and that Potts was in his employ—this is it—(read)—"Sir, In reply to your letter of the 28th date, I beg to say, I have known Potts many years, he is now in my employ, I have always found him a respectable, steady, industrious man, and I have no doubt you will find him regular and punctual in doing business.—ANDREW SHIELD."
WILLIAM WESTON . I am drayman to Messrs. Collins and Downs. I delivered the casks of ale and porter—about half a mile before I got to Gloucester-place, the prisoner Mitchell ran up to me and asked if I came from Mr. Collins—I said, "Yes"—he asked if I was going to Mr. Potts—I said, "Yes"—he said Mr. Potts was gone up the street with bread—he no after him, but returned, and said he could not come back, but he would show me where to put it—he did so, and I took it there.
JAMES SHEPPARD . I am landlord of the house, No, 5, Gloucester-place. In February I let it to Mitchell—it was a beer-shop before, but I told him I would not let it as a beer-shop again—he never ceased to be my tenant before the 28th of April—on the 28th there was some rent due, and I put in a distress—Mr. Anderson was the broker—Potts was never my tenant.
Cross-examined. Q. Did you not know that Potts was tenant of part of the premises under Mitchell? A. I only knew that when I saw the name of Potts over the door to sell beer I said to Mitchell, "What is the meaning of this? I told you I should not have any beer sold"—he said he was nephew to Potts, or something of that sort, and he was to sell a little beer to help pay the rent.
JOHN THOMAS ANDERSON . I was the broker who went in with this distress on the 28th of April, about ten o'clock in the morning—I saw Mitchell—I took away two small casks of common ale, as an accommodation for a day or two—I could not succeed in selling it while I had it, it being new beer, and being warm weather and thunder, the bung flew out and wasted it—after that I called to say that the time was nearly up, and they must fetch it, or I must sell it—the prisoners were both there—they asked me to wait a day or two—I said I would—on the Saturday following the 5th of May, they told me they had got some ale—if I could get a customer to purchase two casks, they would pay me the rent and every thing—they showed me the casks—I saw the word "Richmond" on them—I went to Mr. Weaver, and he bought it—I distrained for 155. the rent, and 55. 6d. expenses.
Cross-examined. Q. How much did they pay you? A. 1l. 5s. 6d. there was one week more due.
JHON WEAVER . I keep the Queen Adelaide, in the Hackney-road. On the 5th of May, Potts and Mitchell brought me some ale, which I had purchased of Anderson—it was the best ale—I paid 5l. 10s. for the two barrels—here is the receipt—I had it signed—it was written by Mitchell—(read)—"May 4th, 1838.—Bought of Thonmas Potts, two barrels of best value, 5l. 16s.—discount 6s.—5l. 10s.—THOMAS POTTS."
Witness. This was all written by Mitchell—this note—(looking at the. me sent to Collins on the 28th)—looks like his hand-writing—I kept the barrels sine or ten days till I drew out the ale—a person fetched them away, who came from Potts, I suppose.
Cross-examined. Q. Do not you know that Potts cannot write? A. do not know, but Mitchell wrote the receipt—Potts was there at the time.
ARTHUR EDWARD FORTY . I manage a beer-shop for my mother-in-law, in Duke-street. On Monday the 14th of May, I bought one barrel of, porter and barrel of 36s. ale, as a person called on me that I had seen before. and said a friend of his had got some beer to part with—I saw Mitchell before that, but not in this transaction—the ale and porter came—I exhansted them and returned the barrels about the Monday week following—it was not Mitchell that came—I did not notice the marks on the barrels their heads were chalked—it was said it was Richmond ale—I gave 2l. 5s. for the porter, and 1l. 5s. for the ale.
Cross-examined. Q. You never saw either of these persons in the transacion? A. No—I was a loser by the ale—there were a few gallons deficient, and I paid for the cartage of it.
ROBERT PURYER . I was engaged to remove some ale on the 15th of May, from No. 5, Gloucester-place, it was two thirty-six gallon casks. I Look it to Mr. Forty's beer-shop in Duke-street, at nine o'clock in the Doming—I received it from four men—I could recognise two oi them, but they are not here.
MARY HILL . I live in Gloucester-place. On Tuesday morning, the 15th of May, I was looking out of my up-stairs window, and saw two barrels of ale—one was in a cart before I got to it—the other they were getting into the cart—there were four men assisting in putting it in—the prisoners were two of them—I saw the name of Collins on the last barrel as it was being rolled in.
Cross-examined. Q. What is your husband? A. A bricklayer—I know Mitchell by sight, he is lame—he assisted in rolling the barrel up—I know Potts by sight—I am positive that both the prisoners were there—I did not look at the clock—I saw four men, and the witness Puryer—he had good an opportunity of seeing them as I had—I went down from suspicions I had—I knew it was a bad place, because the company that went there were not respectable.
MARY ANN HEADLEY . About the 21st of May my husband was in the Hospital. I went to fetch two empty casks from Mr. Forty's, by, Mitchell's direction, and also from Mr. Weaver's, at the Queen Adelaide Hackney-road—I took them to No. 5, Gloucester-place.
Cross-examined. Q. You went openly and asked for them? A. Yes.
HENRY DUBOIS (police-sergeant N 14.) I went to No. 5, Gloucester-place, on the 20th of May, and took Potts into custody—I searched the house next morning, and found two barrels on the stand, one tapped
and one full—they were marked "Collins and Downs, Richmond"—the next day I found four empty casks in the back-yard, which were not then when I searched the house before—it was on Sunday I went first, and or Monday, the 21st, I searched again, and found the casks—I saw a board over the door for full two months before I apprehended him—this is the board (producing and reading it)—"Thomas Potts, licensed to sell beer by retail, to be drunk on the premises."
JOHN MICHAEL CROSSLAND . I am an accountant in the licensing department of the Excise-office. I have examined the licences granted for the last three years—there is no person of the name of Potts licensed for any premises—we have the name of Mitchell, but not for that house—I believe licences are never granted but to housekeepers, and persons paying poor-rates.
Cross-examined. Q. Is it the practice for a person applying for a licence to have a printed form, signed by the surveyor, who inquires into the cir. cumstances of the party? A. Yes—Mr. Cramer is one of our out-door officers—he would be authorised to inquire into references and sign the papers—I should presume that he is surveyor of Hackney—if he has signed any paper I am not aware of it—I should think this is his signature to this paper—(looking at one.)
COURT. Q. Neither of these persons were licensed to keep a beer-shop? A. I believe not—there is no licence for that house at all—a license is granted to the house, not the person.
POTTS— GUILTY . Aged 46. MITCHELL— GUILTY Aged 36.
Confined Nine Months.
Before Mr. Recorder.
WILLIAM BUSH . On the 26th of May, between five and six o'clock, I was at the King's Head public-house, at Stratford, and saw William Rudd there—I did not know him before—the prisoner came in after him, and a pot of beer was handed round to her twice—she then went and sat by the side of Rudd—they went to the bar and had two glasses of gin-and-water—I saw Rudd pull out half a crown to pay for some beer, but I saw no gold—they had two more glasses of gin and water, and then the prisoner put her right arm round Mr. Rudd's neck, and her left hand into his left-side waistcoat pocket—when she pulled it out it was closed—she pulled her clothes up, felt in her pocket, and then she stood two half-pints of rum—she then said she must go, and went away directly—after she was gone Rudd made a complaint and went for the constable—he was not sober.
Prisoner. The gentleman gave me a half-crown, and I pulled out that Witness. She did not pull out a half-crown—she pulled out one shilling first, and then another shilling.
THOMAS WILLIAM LANSDOWN . I am shopman to Henry Pusey, a linen-draper at Bow, which is about a mile and a half from Stratford. The prisoner came to our shop on the 26th of May, at near six o'clock, and bought a shawl and some ribbons, which came to about 1l. 15s.—she paid for it with two sovereigns, and I gave her change.
WILLIAM RUDD . I am a sailor, and lodge in Cotton-street, Poplar, at present. On the 26th of May I went to the King's Head, at Stratford, between four and five o'clock—I had 7l. when I went in, or about that sum—I am positive I had above 5l.—it was in gold, and in my left hand waistcoat pocket—the prisoner came in, and I treated her—she sat next to me, I believe—directly she left, I missed all the money I had about me—I was rather the worse for liquor—I had felt my money safe in my pocket sot half an hour before.
AGNES SKINGLEY . I am the wife of Daniel Skingley, of High-street, Dot. On Saturday, the 26th of May, the prisoner came to our shop, and bought a bonnet, which came to 10s.—she paid with a sovereign—I think it was about six o'clock—our shop is about three minutes walk from lansdown's, and about a quarter of an hour's walk from the King's Head, at Stratford.
HENRY OVERHEAD . I am ostler at Mr. Coleman's, White Hart-yard, Whitechapel. I was at the King's Head, Stratford, on Saturday, the 26th of May, and saw the prisoner and another woman there—the prisoner sat beside Mr. Rudd—they had two glasses of gin-and-water, and then two more, and while taking it, I saw her put her right arm round his neck, and her left hand into his waistcoat pocket—she took her hand out clenched, as if she had something in it—she then got up from the side of him, pulled up her gown, and put her hand into her pocket—she called for half a pint of rum, drank that, and called for another, and then went out of the room, about five or seven minutes after she had taken her hand out of his pocket—a little while before, I noticed that the prosecutor dropped two sovereigns and two half-crowns from his pocket—they were returned to him, and he put them into the same pocket again.
JAMES SMART . I am a constable of Stratford. I went with Rudd and Overhead, about seven o'clock, on the 26th of May, to a lodging-house at Bow, and saw the prisoner and another woman there—the prisoner had on a new bonnet and a new shawl—I found 8s. in silver on her—she said she knew nothing about the sovereigns—I asked how she came by the money—she said it was not likely she should come all the way from Brentford without money—the prosecutor was in liquor, but was sensible enough to know what he was about.
Prisoner's Defence. A young woman asked me to go with her, and have something to drink—we went, and had some beer—the prosecutor beckoned to me, and asked me to have something to drink—I refused—he caught hold of my gown and pulled me about, and asked me to sleep with him—I said I was not a person of that description—he said he would atisfy me well, and gave me three sovereigns, which was what I had—he said, "You ought to stand something to drink," and I called for some rum—he gave me the gin-and-water—I then went and bought this bonnet, and went home to my lodging, and remained there till the constable came and took me.
with her—I perfectly recollect that I did nothing of the kind—I did not give her any money—nor offer her any—I was sober enough to recollect that.
Prisoner. He was very much intoxicated, and was giving money to any one that would take it—in the yard he dropped two sovereigns on the ground, amongst the navigators.
JURY to HENRY OVERHEAD. Q. Who picked the money up that was dropped, and who put it into Rudd's pocket 1A. A young man in the room, a fishmonger, picked up one sovereign and two half-crowns—Rudd said there was another sovereign—he looked for it—found it, and gave it to him, and he put it into his pocket himself—this was before the prisoner came in—she did not see in what pocket he put that, but what he called for he paid for out of that pocket, and she saw him put his hand there.
GUILTY . Aged 21.— Confined Six Months.
1599. THOMAS WEBB was indicted for burglariously breaking and entering the dwelling-house of Henry Gooden, at West Ham, about the hour of three in the night of the 15th of June, with intent to steal, and stealing therein, 18 shells, value 10s.; 1 necklace, value 2s. 6d.; and 1 handkerchief, value 6d., his goods.
MR. CLARKSON conducted the Prosecution.
HENRY GOODEN . I am a foreman at the West India Docks, and live io the parish of West Ham, in Essex. On the night of the 15th of June I went to bed about eleven o'clock—my house was secured, and the kitchen window was all safe—I had occasion to get out of bed about three o'clock, as something disturbed me—I do not know what—I looked out of window, and saw the prisoner in the road, walking about, nearly opposite my house, about twenty yards from it—I went to bed again, but could not rest, thinking it strange—I was not quite satisfied, and got up again, went to the window, and looked out for about five minutes, to ascertain whether it was anybody belonging to the village—I saw him in the same place as before in the road—I went down stairs, and examined the state of my premises, and found the door had been broken open—I found the window up, and the doors open—I went out at the gate—the prisoner was just outside the gate—I collared him, and asked whether he was one of the village—he said he was not—I said, "Where do you live?"—he said, "In London"—I said, "You had-better be in London at this time in the morning, and not here; what do you get your living at?"—he said, "I am what you call a strolling player; I go about to'public-houses, singing and performing; and said he was waiting there till the houses were open—I told him I should keep him till the patrol came round—I called out for the patrol—he did not come up immediately, and the prisoner immediately put his foot between mine and flung me down on my back on the ground—he wanted me to let him go, and shook me, but I got hold of the other side of his collar, and held him—he struggled for a quarter of an hour—I saw the patrol coming round—he then got up, and said he would go with me where I wished—when Maslin came up I delivered the prisoner to him, and went back to my house—I found the kitchen window had a pane of glass cut out of the frame, and a screw had been taken out which fastens it in the middle—that could not be done without taking out the glass—I found the glass had been taken out by some kind of chisel—he could then open the sash and get into the house—I missed a handkerchief from a drawer in the
kitchen dresser, also my child's beads, which hung upon a nail overnight, and wme shells from the shelf—Maslin searched the prisoner in my presence, and found a kind of glazier's knife ground down like a chisel—I saw Maslin compare that chisel with the kitchen window, and it corresponded with the impression where the glass had been removed to a hair's breadth—I afterwards saw a boot which was taken from the prisoner's foot com—pared with impressions under the kitchen window, and they tallied exactly, particularly where a seam had been across the sole—I had dug the ground under the window the evening before, and it was soft, which made the impression full.
JAMES MASLIN . I am a patrol of West Ham. About three o'clock in the night of the 15th of June I received information of a robbery, and went to Mr. Gooden's—I found him holding the prisoner by the collar in the road—Bright, a butcher, was standing by—I found this chisel on the prisoner, which I fitted to the kitchen window, and it corresponded exactly in every respect—I pulled the prisoner's boots off, and applied them to two footsteps under the window, and they exactly corresponded—I found in the prosecutor's house a box of lucifer matches without any lid.
GUILTY . Aged 21.— Transported for Ten Years.
1600. THOMAS WEBB was again indicted for burglariously breaking and entering the dwelling-house of John Henry Pelly, Esq., at West Ham, about the hour of three in the night of the 15th of June, with intent to steal.
THOMAS MAHAN . I am employed by Mr. John Henry Pelly, of Upton, who is a magistrate of Essex, as watchman on his premises. The house is not a mile from the last prosecutor's—on Saturday night, the 15th of June, I was going my rounds through the premises, about half-past two o'clock, and found the prisoner lying down—I laid hold of him, and asked him what brought him there—((he was between nine and ten yards from the drawing-room window)—he asked what o'clock it was—I told him it wanted a quarter or twenty minutes to three o'clock—he asked me the way to, Plaistow—I said I would direct him—I went about twenty yards with him, and then turned back, and on going by my master's window I observed it was up—I had not before ascertained that the house had been opened—I found a piece of a pane of glass either broken or cut out, and the lid of a Incifer-box lying on the ledge of the window, with one or two matches, and a piece of sand-paper—I took the lid—when the men-servants were called at five o'clock I told them what had happened, and I saw the prisoner in custody in the morning, and knew him to be the man I had seen near the drawing-room window.
WILLIAM ELCOAT . I am footman to Mr. Pelly, the Magistrate. I was informed in the morning of the drawing-room window being open—I had secured it about a quarter-past ten o'clock overnight—I examined it in the morning, and found the middle pane of the upper sash partly taken out-that would enable a person outside to turn back the bolt of the window and push up the sash—I applied the chisel, which was produced on the last trial, to the window—I believe that, or a similar one, had been used to it—I found the mark of such an instrument.
JAMES MASLIN . I am a patrol. I found this instrument on the prisoner—I applied it to the drawing-room window of Mr. Pelly's prisoner and, in my judgment, it had been used to open it—there was such a mark as it would make—it exactly corresponded—I compared the top of the lucifer-box with the bottom of the box found at Mr. Gooden's, and one appeared to form part of the other—Mr. Pelly's drawing-room window was secured by a shutter inside—I found impressions on the shutter, inside the glass—I compared the chisel with the impressions, and it is exactly the size—it matched the marks on the putty and on the inner shutter.
GUILTY . Aged 21.
Fifth Jury, before Mr. Common Sergeant.
EDMUND JOHN GORE . I live at Lay ton. The prisoner was employed occasionally about my house—I have missed a silver fork, and a knife—these are them—(looking at them)—the knife I am not so sure about, but I believe it to be mine—this fork had been usually kept in the pantry—the housemaid has the care of the forks—the prisoner might have gone to the pantry without my knowing it—he did not visit my housemaid—he is as acquaintance of my groom, I think.
BENJAMIN PRITCHARD . I am inspector of the horse-patrol, at Layton. I went to the prisoner's house, and took him—I told him I suspected him of stealing a knife and a silver fork belonging to Mr. Gore—he said he knew nothing at all about it—I told him he had been to Mr. Isaac's, and offered the fork for sale—he denied having been there.
Cross-examined by MR. PHILLIPS. Q. You took him at his own house A. Yes.
BARNETT ISAACS . I am a pawnbroker, and live at Stratford. The prisoner came and asked me if I bought silver—I said I did—he took out this fork, and offered it to me—I said, "How did you ccme by this?"—he said he had had the misfortune to break it, and he wished to replace it—I said such things I did not buy, nor take in pawn, but if he could bring any respectable person, I would buy it—he went out, and left the fork with me.
Cross-examined. Q. Did you know him before? A. No—I did not ask him his name—he wanted to sell it.
MR. PHILLIPS on behalf of the prisoner stated, that the groom with whom he was acquainted, had broken the fork, and was afraid to go himself to sell it, to add the money he qot to some of his own in order to replace it.
NOT GUILTY .
bridge, between ten and eleven o'clock—I did not observe any thing with them—about half-past six o'clock in the evening, as I returned, they were in custody of the patrol—when I met them in the morning, they were going in the direction of my house—when I got home I missed two geese—I had ninety-six in the morning, and then there were only ninety-four—two geese that I believe to be mine are here now.
Cross-examined by MR. CHAMBERS. Q. What do you call these? A. Goslings—I do not know whether you would buy them for geese—I should think goslings and geese are the same thing, though these are young, as a colt is a horse—the prisoners have been in my service—Snooks for some months, and the other lived with me at two different times—Snooks left me because he strained himself and went to the Hospital—I had no fault to find with either of them—I do not recollect giving any ducks to Clay's brother—it is not likely.
SAMUEL SHELSHER . I am servant to Mr. Owen Sparrow. On the morning of the 9th of June, I saw the two prisoners about my master's premises—I had counted the geese before—there were ninety-six of them—I counted them again directly my master came home, and there were but ninety-four—I have seen the two that are here, I believe them to be my master's—we have some exactly like them, and the same size.
Cross-examined. Q. How old are they? A. I do not know—they were all young ones—they were kept in a large boarded place, and could not get out—there are not many men come to work at my master's premises—some boys come to work there—I had been no where that day except about the village—I do not often feed the geese.
GEORGE DODKIN . I work for Mr. Sparrow. On the morning of the 9th of June, the two prisoners came to my master's, and Clay asked if Mr. Sparrow was at home—I told him no—I drove the geese out that day—should know them again—I believe the two that are here are my master's.
Cross-examined. Q. How many had your master? A. Ninety-six—I do not know how long I had known them—Mr. Slater keeps goslings near my master's—he has got about twenty—they are less than my master's—there are not a great many goslings about there—I judge of these being my master's from their size.
DAVID JOHNSON . I am a horse-patrol. About three or four o'clock in the afternoon, on the 9th of June, I took these goslings from Snooks—he was carrying them on his back, tied in a smock-frock—I asked what he had got—he said what he had got was his own—I felt, and said, "These are geese, where did you get them?"—he said, "I had them from Mr. Sparrow, of Chigwell"—I said, "Who is he?"—he said, "He is a gentleman, and we one time worked for him"—Clay was by his side—I took them to the watch-house, and in the evening I went to Mr. Sparrow, and told him what I had got—he said in the prisoner's presence that he did not authorise any person to sell these geese—the prisoners said that a man at the end of the lane sold them to them for 4s., and the man had said that Mr. Sparrow gave them him to sell.
Cross-examined. Q. Who said about this giving the man As. for them? A. Both of them, but Snooks was the first, and he said it was one of Mr. Sparrow's men—they said the man wanted 5s. for the goslings,
but they had but 4s., and he took it—they told me Mr. Sparrow was gone to town.
(The prisoners received good characters.)
SNOOKS— GUILTY [Recommended to mercy. See original trial image.]. Aged 19.
CLAY— GUILTY. Aged 20.Recommended to mercy.
Confined One Month.
JAMES OTHEN . I keep the Three Rabbits public-house, at Little Ilford. On the 7th of June I heard something—I went into the pantry, and the gin was dropping—I went to the stable-yard, and saw Arnold, my servant—I asked him where he had put the gin he had taken from the pantry—he said he did not know what I meant—he was very much intoxicated—I then went to Page, and he was in the act of filling one of these bottles from a spouted quart pot in the stable—I took it from him, and sent for an officer—these are the bottles, four of them were under the manger, and this one was in his hand—he was pouring the gin in—I have compared the gin with that in the cask, I believe it to be the same—it is thirty-seven yards from the pantry to the stable door.
Cross-examined by MR. CLARKSON. Q. Have you a daughter, named Sarah? A. Yes; it was from what she told me that I went after Arnold—Page is gamekeeper to the Lord of the Manor—he has nothing to do with me—I charged another man of the name of Barker, as he was standing by Page when he was pouring the gin into the bottle.
SARAH OTHEN . I am the prosecutor's daughter. I saw Arnold in the pantry, stooping in front of the cask—I do not know whether he had any thing in his hand—I saw no one else there—I gave information to my father—I had not seen Page in the house that morning—I know this one bottle by a mark on it.
Cross-examined. Q. Has the gin-barrel a tap? A. Yes, a locked tap—my father keeps the key.
Cross-examined. Q. Did not Arnold tell you it was his birth-day? A. Yes, he did—if I was going from the pantry to the stable I should come out of the pantry into the passage, and pass the bar-door—I should not go out of the back-door, but come out in front into the open air—if a person was leaving the stable, they could not go into the pantry without going into the open air.
NOT GUILTY .
Before Mr. Recorder.
HENRY MOORE . I am assistant to Mr. Francis Lamburn Greenley, a pawnbroker at Deptford. On Saturday night, the 21st of April, about half-past eleven o'clock, we were very busy—I serving in the back shop, and I saw the prisoner come into the front shop—I expected she was coming through into the back shop—she appeared longer there than she had occasion—I saw her putting something under her clothes apparently—she then came into the back shop—I went round the counter and missed two pairs of trowsers—I charged her with it—she denied having them—I took hold of her arm, and she dropped one pair on the floor—we called a policeman in ind on looking among some things she dropped on the floor, was the second pair of trowsers—I had seen her drop them—they had been hanging on some bars in the sale shop, through which she passed—she dropped some tea, coffee, and sugar with them.
JOHN FARQUAHARSON . (police-constable R 101.) Moore gave the prisoner into my charge in the shop—I picked up one pair of trowsers which the was standing upon, and the other pair was given to me—she asked me. to plead for her with the prosecutor.
(Property produced and sworn to.)
(The prisoner put in a written defence, stating that she went to the shop with a friend, but had not touched any of the articles.)
(The prisoner received a good character.)
GUILTY. Aged 38.—Recommended to Mercy. — Confined One Month.
Before Mr. Sergeant Arabin.
GUILTY .† Aged 14.— Transported for Ten Years.
1606. MICHAEL BURN was indicted for stealing, on the 11th of June, 1 handkerchief, value 2d.; 1 pocket-book, value 6d.; 3/4 and of a yard of calico, value 2d.; the goods of Thomas Jones, from his person.
THOMAS JONES . I get my living by selling shrimps. On the 11th of June, I was sitting in a public-house at Greenwich—I was sober—I had a handkerchief, a pocket-book, and a piece of calico, in my right-hand pocket—I saw the prisoner there with three or four others—I fell asleep—my things were all secure then—I was dozing about twenty minutes or more, and when I awoke they were gone, and the prisoner also—I told the landlord I had been robbed, but he said he had enough to do of his own business without troubling his head about mine—I saw the prisoner again about five hours after, as I was sitting at the Five Bells, on the road to London—I followed him and asked a policeman to examine if he had any tbing about him belonging to me, which he did, and found my hafldkerchief and piece of calico buttoned up underneath his jacket—these are them—(looking at them)—I have never found my book—I never saw the prisoner before to my knowledge.
DANIEL BEARD (police-constable R 153.) I searched the prisoner, and found this handkerchief and piece of calico buttoned under his coat—I first found this little piece of a stocking in his trowsers pocket, and asked if he had anything else about him—he said he had not—I asked if he had not a pocket handkerchief and a piece of rag about him—he said he
had not—I then unbuttoned his coat, and found the property now produced.
Prisoner's Defence, He asked me no such questions; but when he found them he turned round to the man and said, "Are these yours?"—I am entirely innocent of the charge—I found the things on my return from Greenwich—I have been fifteen years in his late Majesty's service, and served in the Spanish legion.
GUILTY . Aged 42.— Confined Three Months.
1607. DAVID EALING was indicted for stealing, on the 26th of May, 1 shirt, value 2s., the goods of Michael Percy; 1 shirt, value 1s. 6d., the goods of Patrick Tahan; 1 shirt, value 1s. 6d., the goods of Edward Tahan; and 1 apron, value 9d., the goods of William Hogan.
AARON OUTRED (police-constable R 128.) On the 26th of May, at three o'clock in the morning, I was on duty in Lewisham-road, and met the prisoner carrying a bundle under his arm—I said, "What have you got under your arm?"—he said, "Some bread and meat"—I said, "Where do you come from?"—he said, "From down the road"—I said, "Where are you going to?"—he said, "To work as a labourer at New Cross"—I said, "What have you in the bundle?"—he said, "Bread and meat"—I said, "Anything else?"—he said, "Nothing whatever—only two shirts"—I said, "Are they marked?"—he said, "No"—I said, "Allow me to look it them?"—he attempted to resist, but I examined them, and found these three shirts, wet—after taking him to the station-house, I took off his legs three pairs of stockings—2 pair of women's white cotton and 1 pair of worsted—I have been unable to find the owner of them—but I found the owner of the shirts and apron very shortly—it was about a mile from Tanner's-hill that I met him.
MARY ANN TAHAN . I am the wife of Patrick Tahan, and live at Tanner's-hill. One of these shirts belongs to my husband and one to my cousin, who lodges with me—they were taken from a line in our back-yard, which is surrounded by a pailing.
HANNAH HOGAN . I am the wife of William Hogan. This blue apron and one of the shirts are the property of my husband—they were hanging out to dry in the yard next to last witness's—I know nothing of the prisoner.
GUILTY . Aged 16.— Confined Six Months.
Before Mr. Recorder.
ELIZABETH SOUTH . I am a widow, and live in Queen-street, Greenwich; I sell fruit of all kinds. On the 5th of June I went into the Red Lion public-house, at Greenwich—I went to the bar, and called for half a pint of beer—the prisoner sat behind me, and I felt the clip of scissors behind me, cutting the string that was on my purse—I said, "Halloo, mis tress, what are you up to?"—I hit her a back-handed blow, and caught hold of her—I saw her take the string of the purse and fling it away as far as she could—I went and tried to find an officer, but could not—I returned, and said, "Deliver me up my money"—she would not—I went again, and found an officer, but she had then stowed away the money, I do not know how, but
She went into another man's room, and left the purse on his table—I had seen the purse in her hands, but could not get it from her.
Prisoner. Q. Was I ever in your company? A. No—you never spoil to me, nor took any liquor with me, but you robbed me—I have seen you it different times.
Prisoner. I went into the public-house to have something to drink and this person was at the bar—the man she cohabits with came in an took her by the neck—she was very much intoxicated, and he said she ha been out all day drinking—they had a scuffle together, and she turned round upon me, made use of shocking language, and tore my handkerchie off my neck, and pulled my things off—as for her purse or money, I know nothing of them
SAMUEL FLETCHER . I am a pensioner of Greenwich-hospital. On Tuesday, the 5th of June, I was standing at my street-door—the prisoner came down East-lane, passed me, and went in—five or six minutes after, I rent into my room, which is the lower back room, and found her sitting in a chair by my table—I said, "Sarah Hall, what do you do here?"—she said, "I am doing no harm"—I said, "I don't say you are, but go out of this room into your own," (she lodged in a room up stairs)—I found the empty purse on my table—it was not there before—soon after the prosecutrix came into the passage, saying she had lost 11s.—I said, "Is this your purse, or is it not?" and she said, "It is, and there was 11s. in it"—I said, "There was nothing in it when I found it"—this is the (looking) at it.)
WAITER SCOTT BARRY (police-constable R 95.) I have produced the bag—the prosecutrix came to me, and said she had been robbed of 11s. and bag—I met the prisoner in the passage of Fletcher's house, and took her into custody—on the way to the station-house I took" this small purse, with a duplicate and a shilling in it, from her—I also produce some money which I got from Mary Walker, who searched the prisoner.
Prisoner. It was my own—the prosecutrix was intoxicated for three days, and could not come against me, and they were obliged to confine her last night, to bring her against me to-day.
Prisoner's Defence. I was not out of custody at all, and how could I make away with the money?—I had been putting it away a little at a time—it was my own hard earnings.
GUILTY . Aged 39.— Confined One Year.
MARK BENJAMIN BENHAM . I am a tailor, and live in Trafalgar-road, Greenwich; the prisoner was my charwoman. I missed some waistcoat-pieces, and suspected the prisoner of having taken them—she at first denied it, but when she was taken to the station-house we found this piece of
swansdown pinned to her petticoat, and she admitted having taken it—I have plenty more at home like it.
Prisoner. It is my own property—I gave it to the policeman myself.
JAMES WILD (police-sergeant R 141.) I apprehended the prisoner—I found she wanted to put her hand into her pocket-hole—I told her to take her hand out—when we got to the station-house I said, "What have you got?"—she said, "One piece; will you have it?"—I found it fastened to her petticoat, under her gown—she aid she had taken it, and wished me to take it, so that Mr. Benham should not see it.
Prisoner. It is very false what he says.
(The prisoner put in a written defence, stating it to be her husband property.)
GUILTY .* Aged 24.— Confined Three Months.
JAMES CHARLES CURRIE . I am a linen-draper, and live in High-street, Deptford. On the 12th of June, between seven and eight o'clock in the evening, I was at the fair and felt a pressure round me—I heard a scuffle behind me, and some one said, "You have picked the gentleman's pocket"—I did not feel any thing at my pocket, but the officer said to me, "Is this your handkerchief?"—I said, "It is"—I am not certain whether it was in the hands of the officer or the prisoner.
JAMES WILD (police constable R 141.) On the evening of the 12th of June, I was on duty at the fair in plain clothes—I saw the prisoner tab this handkerchief from Mr. Currie's pocket—I immediately laid hold of his hand with the handkerchief in it—he stooped down, and was about to throw it away—one portion of it was on the ground, and part in his hand, when I took him.
Prisoner. It is false—he said at the station-house he took it off the ground.
JOHN BENTLEY . I am the son of James Bentley, a publican at New-cross, Deptford. On the 12th of June, I was in Deptford fair, and saw the prisoner trying two or three gentlemen's pockets—I walked along, and after a while saw him at the prosecutor's pocket, and saw him take the handkerchief out—Wild laid hold of him with the handkerchief in his hand, as he was about to throw it away.
Prisoner. Q. Which pocket did you see my hand in? A. The left hand pocket, I think, but I am not certain—I cannot say whether it was an outside or inside pocket—I believe it was an inside one—I went to the station-house, but was not asked to come in—I am no acquaintance of Wild's.
MR. CURRIE re-examined. This is my handkerchief—I believe I lost it from my right hand pocket, but I am not sure.
Prisoner's Defence. They never took the handkerchief out of my hand—it is very strange that Bentley was not examined before the Inspector—it is all false that he says.
GUILTY . Aged 25.— Confined One Year.
Before Mr. Sergeant Arabin.
JAMES WILD . I am a policeman. I was at Deptford fair, on the 12th of Jane, in plain clothes, and saw the prisoner attempting several pockets, between eight and nine o'clock in the evening, lifting them up and feeling if there was any thing in them—I saw him take this handkerchief from the prosecutor's pocket—I was about to lay hold of him, but a sudden mob came, and he threw it down—the prosecutor picked it up, and I laid hold of the prisoner—there were four of them acting together, but I did not know them—he was the only one who was forward feeling the pockets—I had been watching him some time—I have not a doubt they were all acting together, and at times they all stood talking together.
Prisoner. There was another man by me, and he took him and swore at the station-house that he was the one who took the handkerchief. Witness. I saw the prisoner take the handkerchief from the prosecutor's pocket—he is talking of a case tried last evening of another prisoner, who took another handkerchief from a gentleman's pocket about the same time—I took another person at the time who was talking to him, and he turned out to be a waterman's apprentice.
RICHARD WAYLETT . I am a pawnbroker. I was at the fair, and had this handkerchief in my pocket—I felt it gliding from me—I turned round and saw the prisoner immediately behind me—I said, "You have taken my handkerchief, where have you put it? give it to me"—I immediately saw it on the ground near him, and I believe he is the person who threw it away.
GUILTY .* Aged 20.— Transported for Ten Years.
GUILTY .*— Transported for Ten Years.
Before Mr. Common Sergeant,
1613. JAMES BELCHER was indicted for stealing, on the 3rd of June, 3 plants, value 3s. 6d.; and 3 flower-pots, value 2d.; the goods of William Cormack, and others; and that he had been before convicted of felony.
HENRY DALGETY CORMACK . I am the son of William Cormack, of New-cross, Deptford. He has some partners—on the 3rd of June, we lost three geraniums, worth 3s. 6d. and their pots with them—these are them—(koking at them)—I can identify this stick which is with them—I cut it, and marked it myself—the prisoner had been in our employ, but he was not so at that time.
JAMES YOUENS . I live at Deptford. On the 3rd of Jane I saw the prisoner, between ten and eleven o'clock, on Mr. Connack's ground—when he came off he had two geraniums under his left arm, and one in his right hand—I told him if he did not put them down I would acquaint John Wright with it—he made use of very bad language, and I told the police man.
Youens, and went in pursuit of the prisoner—when I got within about fifty yards of him, he turned, and saw me, and got over a hedge into Mr. Emmott's garden—he dodged me about, and threw these three pots down—he then got over the rail-road wall—I pursued him half-a-mile—man attempted to stop him, he struck him right and left, and knocked him down—he ran on, and in getting over a gate, a second man seized him and stopped him till I came up—I went back—I took up the pots, and found this stick in one of them—I took a shoe from the prisoner's foot and compared it with some marks in the prosecutor's garden, and in the green-house.
Prisoner. You said the shoe had been cut? Witness. While I left you in the cell, you shaved off the toe of one shoe, by some means, but the marks in the shoe corresponded all the same.
Prisoner's Defence. A man came out of a public-house with these pots and said would I buy them—he wanted 2s. for them—I gave him 1s. 6d., and a pot of beer—the officer took me—I did not run at all.
GUILTY . Aged 21.— Transported for Seven Years.
Prisoners Defence. I met a woman in Deptford Broadway, and bought the gown of her.
NOT GUILTY .
AARONOUTRED. I am an officer. On the 6th of June, about six o'clock in the morning, I saw the prisoner, and two other lads, in the Kent-road, going to London—I found these five cricket-balls, and other things, on the prisoner—I took him to the station, and said I would go and see if his father lived at Dockhead, as he had told me he did—he said, "It is no use, I have no father there, the balls were stolen by two other boys, and I was in their company"—I asked him how he came by the skittles—he said, "I stole them myself"—I said, "How did you come by the keys?"—he said, "I turned the tail of a gentleman's coat up, and took them."
Prisoner's Defence. A chap with me found the keys, he had no pocket, and asked me to take care of them—I did not say I lifted up the pocket of a gentleman, and took them.
NOT GUILTY .
HENDRY MUSSETT . I am a confectioner, and live at Barking-side. I had a booth at Greenwich-fair—I had three papers of almond-cakes in a box—I was called about five o'clock in the morning of the 8th of June, and missed them—I believe these—(looking at them)—to be mine—I had seen the prisoner about the fair, at twelve o'clock the night before—he appeared to be drank, and attempted to take some gingerbread.
JAMES ADAM AN (police-sergeant R 1.) I received information, and went after the prisoner—I found him in Church-street, Greenwich, and in his jacket I found these three papers of almond-cakes, and three pairs of children's socks—he pretended to be very drunk, but I should think he was not.
GUILTY . Aged 38.— Confined One Month.
THOMAS WATKINS (police-constable M 174.) I was on duty at Greenwich-fair, on the 5th of June, and saw the prisoner take this handkerchief (producing one) from a gentleman's pocket—the mob was so great, that we could not get to the gentleman—the prisoner ran behind the booth, and we went and took him with the handkerchief.
GUILTY . Aged 17.— Confined Six Months.
DAVID LAW . I live at Lewisham, with my father. On Saturday evening, the 26th of May, I was playing with a boy named Henry Ash-down, who knocked my cap off—the prisoner picked it up—I followed him, and asked him for it several times—he would not give it me—he went into a public house down at Deptford—I followed him, and got a boy to watch for me while I got a policeman, who asked the prisoner for the cap, and he said he had not got it—this is my cap—(looking at it.)
Cross-examined by MR. PRENDERGAST. Q. He walked a long way Wore you, with it in his hand? A. Yes; and I followed him nearly a mile—I said, "Give me my cap," and he said "I won't"—this was along the public road, between eight and nine o'clock in the evening—we met a great many persons—I did not throw any stones at him—there were some boys with me, and they threw—I had nothing to do with them.
NOT GUILTY .
Before Mr. Sergeant Arabin.
WILLIAM BOOTH . I am a pawnbroker, and have a partner—my shop is at Church-Mil, Woolwich. On the 2nd of June I saw the prisoner in the shop, in the act of throwing a frock over the counter, which had been hanging within the counter—she had dealt at the shop.
Cross-examined by MR. PHILLIPS. Q. I believe she had frequented your shop a good while? A. Yes—she was allowed to go home—she ran home—I did not run after her—I had some difficulty in keeping her in the shop.
ELIZABETH NANCY BOULTER . I was standing in the prosecutor's shop—I saw the prisoner come in—she staid a good bit, and inquired for Mr. Booth—the shopman said he was gone to dinner—she said she could not wait—she went to the next shop, got on the counter, took down the gown, and put it under her shawl—she then ran away with it—Mr. Booth gent the policeman after her, and she was brought back by the shopboy—I sat her throw the gown over the counter.
Cross-examined. Q. Did she examine the gown at all? A. No, not that I know of—two shopboys were in the next shop—there was only me in the shop where the prisoner was.
DAVID CHARLES WATERS . I am the shopboy. I saw the prisoner take the gown off the nail—she went out of the shop—I ran out and brought her back, and she put it over the counter—she had got forty or fifty yards.
Cross-examined. Q. Were you in the shop when she took it off the peg? A. I was at the end of the shop—I told the Magistrate that it was in consequence of something that Eliza Boulter said; but I saw it too, and I told the Magistrate I saw it—I have not been talking to the officer about this—I did not see her run—if she had, I must have seen her.
Cross-examined. Q. The prisoner told you she was taking it down to look at, and did not intend to steal it? A. Yes, she did—I have known her father well a great many years—he is respectable.
NOT GUILTY .
HARRIET POLLARD . I live at Woolwich. I had known the prisoner about twelve months by seeing him about, but had not been familiar with him—I am unfortunate—on the 11th of June I met him at the Golden Anchor—he went home with me at his request in the first place, and I consented—my house is at the back of the Golden Anchor—we went to bed at twelve o'clock—it was up one flight of stairs—the prisoner fastened the door inside—it was locked and bolted—I am sure of it—he had not given me any money in my house, but he had before given me two six pences, and that was spent before I went to bed—I had a five shilling piece, six shillings, and two sixpences of my own—he was to stay with me all night—my money was put into my box in my room—that was safe before I went to bed—the prisoner saw me count it—I had some halfpence, and I put them into my box—I cannot say that he knew how much I had—awoke between four and five o'clock, and the prisoner was gone I found the door bolted and locked as it was when I went to sleep—nobody could have been in the room but himself—my chamber window was open, which
was shut when I went to bed—it appeared that he had dropped out of the window—he returned to me at seven o'clock, after his belt, which he had left, he took his belt, and then I missed my money before he went away—I taxed him with it, he said he had not got it, he had not got any silver, only a few halfpence—he could not have gone out of the door when he first went, because they would not have let him out—he could not have taken the money when he came back for his belt, or I must have seen him—the money was not found.
Prisoner. Q. Did I not give you two sixpences? A. Yes—you did not give me a shilling when I got up stairs—no one could have come in the room but him.
Prisoner. I saw no money with her but what I gave her—the door was open when we went into the yard. Witness. No, it was not—the key was on the chair by my bed side, and there I found it, and the door was bolted.
MARY DAVEY . I am servant at the Golden Anchor. I know the prosecutrix's lodgings—I saw the prisoner between three and four o'clock in the morning, attempting to get into her bed-room window—I opened my window, and asked what he was doing there—he said he had dropped out, and he wished to get in again for his belt, and knowing he was the same person who was with her the evening before, I took no notice of it—I saw him again about seven o'clock, when I opened the door—he came in and went through for his belt.
Prisoner's Defence. I am innocent—I took 5s. 6d. into the Golden Anchor, and I saw no money with the prosecutrix but what I gave her—I spent my money with her.
GUILTY . Aged 31.— Transported for Seven Years.
HENRY SUMMERS . I am a labourer, lodging at Woolwich. on the 17th of June, I went to bed at night, I had 17s. 6d. in my right-hand trowsers pocket, and some coppers in the other pocket—a sick man was in the room in another bed—I did not see the prisoner there, but he slept in the room—I awoke in the moring, and the prisoner was going out of the room—when I got up one of my pockets was turned inside out, and my money was gone, which was four half-crowns and seven and sixpence—it was eariler than the prisoner usually went out—no one else had been in the room that I know of—there were three marks on one half-crown—I should know it again—this is it—I have no doubt of it—(looking at one.) WILLIAM CAMPION. I am an officer. I received information from the prosecutor—he described this half-crown—I found it in the prisoner's pocket, with sixpence, and three-pence-halfpenny in copper.
Prisoner. I was at work Mr. pouton, and I had the money from him for my labour.
GUILTY . Aged 21.— confined six Months.
FREDERICK WILLIAM TRIST . I am a wharfinger, living on Tower-hill I was opposite Richardson's show, at Greenwich Fair, at half-past ten o'clock on the night of the 6th of June—I felt something behind—I turned and saw the prisoner close to me, and my handkerchief was gone from my pocket—I took no notice then—he got out of the crowd, and I went to him and asked him for my handkerchief—he said he had not got it—I saw him take some handkerchiefs from his coat pocket, but not mine—I then asked him for mine again, and he said if I would go aside he would give it to me, and give me 3s., but I would not—I kept him for about five minutes, and then the policeman took him—my handkerchief was not found.
Q. Did you not say before the Magistrate that he had a companion? A. We thought he had a companion—he was close to me when my handkerchief was gone, his chin was on my shoulder.
Prisoner. Q. You did not see me take it? A. No, I did not-you said if you had it you would give it me directly, and then the mob came round us.
JOHN JULIAN (police-sergeant R. 17.) I was at the fair—I took the prisoner, and found four handkerchiefs on his person when I took him, and two more I found under his shirt at the station-house, and one on his neck.
GUILTY . Aged 19.— Confined One Year.
1623. RICHARD THORNTON was indicted for stealing, on the 31st of May, 40 sovereigns, 15 half-sovereigns, 1 shilling, 1 sixpence, and two £5. notes, the monies and property of Thomas Wren, his master; and that he had been before convicted of felony.
THOMAS WREN . I am in the employ of William Flay, the lessee of the toll-gate, on the Turnpike-road. The prisoner was my boy—I sent him with a bag with 57l. 11s. 6d., to the Old Catherine Wheel, Bishopsgate-street, from Woolwich Gate, where I stand, on Thursday, the 31st of May—he saw me put the money into the bag—he did not return—he ought to have returned, and have given the money to the book-keeper at the Catherine Wheel, Bishopsgate-street—I gave him two £5 notes, forty sovereigns, fifteen half-sovereigns, and one shilling and sixpence in silver-in consequence of information, I went to Chalk, in Kent, and found him at a public-house there—I asked him how he came to do it—he cried, and said he did not know—I asked him what he had done with the money, and he said he had spent part of it—he had spent 7l. 5s. 2d.—the rest was found on him.
Cross-examined by MR. BODKIN. Q. I believe you said, if his friends could raise that money you would not prosecute? A. Yes—they begged very hard of us—Mr. Brown, the Magistrate, said if the father would endeavour to make up the money, the boy might go home with us, and he was at large from Friday until Tuesday, and upon their failing to make up this 7l. he was taken up again—I would take him into my employ again.
WILLIAM FLAY . I am lessee of tolls. About the latter end of May, not having received a parcel from Woolwich Gate as usual, I became uneasy—I went to Woolwich, and found the money had been lost—I never received this money—the parcel was addressed to me, to be left at the Catherine Wheel.
HENRY STEDMAN . The prisoner came to my house on Thursday evening the 31st of May. I knew him before, and allowed him to go cricketing with my boy—I found he had a great deal of money—I went to the Magistrate—he told me to search his pockets, and I found this other money on him—the next morning I took him before the Magistrate, and asked where he got it—he said he found 10l. in a lady's reticule, and the rest he saved up.
GUILTY . Aged 13.— Confined Four Days, and Whipped.
Before Mr. Sergeant Arabin.
EDWARD GEORGE COPPIN . I am a gentleman's servant. I was at Greenwich fair on the 6th of June just before nine o'clock; I had a handkerchief in my pocket—I was told I was robbed in about five minutes—I saw the prisoner behind me, and caught hold of his arm, when the policeman asked roe to render him assistance.
JAMES BROOK (police-constable L. 118.) I was on duty, and watched the prisoner between three and four minutes—he was in company with another—I saw the prisoner take a handkerchief from the prosecutor's pocket—I laid hold of him and the other—the handkerchief was lost. Prisoner's Defence. I never saw it—when I put my band towards the young man next to me I was only showing him what was going on—I did not know him.
GUILTY . Aged 23.— Confined Three Months.
Before Mr. Common Sergeant.
MESSRS. BODKIN and SHEA conducted the Prosecution.
ELIZA HADDON . I am the daughter of Lucy Haddon, a shopkeeper at Woolwich. On the afternoon of the 11th of May I was at my mother's shop—the prisoner came in for a pennyworth of tobacco—he put down a shilling—I called my mother—she came down, and gave him a sixpence, and 5d. in halfpence—she took the shilling up, and said it was a bad one—he went away—my mother kept the shilling, and followed him.
Prisoner. I gave her a shilling, and she put it into the till. Witness. No—it was on the counter till my mother took it.
LUCY HADDON . I am the witness's mother—she called me down—the shilling laid on the counter—I took it in my hand—I gave him the change before I discovered it was bad—I looked at it before he left, and told him it was bad—he never answered me, but shut the door and ran away—I ran after him, and called him—he looked back, saw me, and continued to run as fast as he could—I kept the shilling till I gave it to the constable—I am sure it is the same shilling.
JESSE M'CARDY . I am the wife of Dawson M'Cardy, who keeps a beer-shop at Woolwich. On the 11th of May the prisoner came and asked for half a pint of beer—he gave me a shilling—I tried it on the block, and found it bent—I told him it was a bad one—he told me a gentleman gave it him for carrying a parcel—I said I would not give it him back; if he went to the gentleman, and he came, I would give it him—he wanted it, but he went without it—I showed it to a person at my door, in the prisoner's presence—he
gave it me again, and I put it by on the shelf—there were no other shillings there—it remained there till the Monday following, when I gave it to the constable.
Prisoner. Q. Did you not say it was a week earlier than it was? A. I was not certain to the day, but I was there one day in May, when the prisoner was there.
GUILTY . Aged 16.— Confined One Year.
1626. WILLIAM HARROW was indicted for stealing, on the 3rd of May, 1 gown, value 1s.; 2 petticoats, value 2s.; and 1 pair of stockings, value 1s.; the goods of Catherine Ann Stevens: and 1 flannel jacket, value 6d., the goods of Margaret Stanton.
CATHERINE ANN STEVENS . I am a widow, and live in Church-lane, at Lee, in Kent. On the 30th of May I missed a gown, two petticoats, a pair of stockings of my own, and a flannel jacket of Margaret Stanton's, from my drying-place—these are them—(looking at them.)
GUILTY .* Aged 17.— Transported for Seven Years.
(There were two other indictments against the prisoner.)
SARAH MATTHEWS . I am a laundress, and live in Church-street, Greenwich—William Kedgerley lodged with me. I washed his worsted shirt, and hung it out on the 12th of June—I saw it safe at seven o'clock in the evening, and missed it at ten o'clock—this is it.
JOHN LOVICK . I am shopman to Mr. Nash, a pawnbroker, at Greenwich. I have the shirt, which was pledged by one of the prisoners on the 13th of June—they were both together—it might have been about mid-day—I cannot say which of them pawned it.
NOT GUILTY .
Before Mr. Sergeant Arabin.
GUILTY .* Aged.— Transported for Fourteen Years.
GUILTY . Aged 43.— Confined Two Years.
Before Mr. Sergeant Arabin.
THOMAS WATKINSON . I am a baker, and live at Tooting; the prisoner was in my service about eleven months—he slept in the house, and had 15s. a week. On Tuesday, the 15th of May, I had been to London—when I returned, having suspicion, I went into the bakehouse, and saw a basket hanging on a nail—I examined it, and found it contained flour in a paper bag, and also some dirty clothes belonging to the prisoner—the flour was the lowest thing in the basket, except his dinner-cloth—the bag is one of our make, and I believe the flour to be mine—(looking at it.)—I hung the basket up again, and went and stood in the lane, where no one could come in or out of the bakehouse without my seeing them—I saw the prisoner and two of my men delivering bread—he and a child came up the passage—the child went into the bakehouse, and came out with the basket—I said, "What have you there?"—the child began to cry—I took the basket into the shop, and sent for a policeman to take the prisoner.
Cross-examined by MR. CLARKSON. Q. Have you a man named Leach in your employ? A. Yes; he is my foreman—he receives 23s. a week, and bread and flour for his family—the prisoner did not agree for 14s. a week and flour to make a pudding—he did not say so when I charged him with having the flour—he acknowledged taking it, and said it was the first time; that he was only going to take it home to make a pudding—I mentioned that to the Magistrate—I never allowed him any flour—he never said that I did—the prisoner and the foreman had been at work together in the bakehouse that day.
RICHARD JOHN ROWAN (police-constable v. 151.) I apprehended the prisoner on the 15th of May—I told him he was accused by his master of stealing a quantity of flour, and he must consider himself my prisoner—he said he was very sorry for it; that he took the flour, not thinking it any harm.
Cross-examined. Q. Is it not the custom for bakers to allow their men flour to make a pudding? A. I believe it is a regular thing with the men.
GUILTY. Aged 19.—Recommended to mercy.
Confined Three Weeks.
Before Mr. Justice Littledale.
1632. JAMES CROSS was indicted for feloniously forging, on the 18th of May, at Lambeth, an order for the payment of 7l. 10s., with intent to defraud John Richard Blackburn.—2nd COUNT, for uttering the same.
JOHN RICHARD BLACKBURN . I am a draper, and live in Commerce-place, North Brixton, in the parish of Lambeth. On the 18th of May the prisoner came to my shop to look at some linen, between one and two o'clock—he wanted nine yards, but he took the piece, which was eighteen or twenty yards—he bought a dress and a silk handkerchief—the amount of his bill was 2l. 7s. 10d.—I made him out the bill, and he gave me this cheque—I asked his name—he gave me George Knight at first—I asked where he got the cheque from—he said he took it of a man in the Clapham. road, named John Smith, he had cashed it for him the day before, and he was a stone-mason—the day before was the 17th, and the cheque was dated the 18th—I asked him his name again, as I was going to write it on the back of the cheque, and he said, "Cross"—he left—I went out, leaving orders, that if the prisoner came again, he was to be given in charge—I put the cheque into my cash-box—my sitter was in the shop when I went out—my cash-box was locked, and she had the keys—when I returned I found the prisoner had been given in charge with the cheque—I saw it in the hands of the policeman at Union Hall—my sister's name is Mary—this is the cheque the prisoner gave me—(looking at it)—here is my writing on it—it has not been altered since he gave it to me—the amount is 7l. 10s., for which the prisoner said he gave 7l. 7s.—on looking at the cheque, I see I must have made a mistake—he must have first given me the name of Cross and then Knight, instead of what I said before, because I wrote the last name on the cheque, and here it is—I have written George Knight on it—I then told him Knight was not the first name he had given me, and he said it was—I then went out to ask my neighbours if there was such a person as John Smith, in Clapham-road—I could not learn that there was any such person—while I was out I discovered the date of the cheque, which I did not notice before—and when I came back I asked the prisoner when he took the cheque—he said, "Yesterday"—I told him that could not be, as it was dated that day, 18th of May—he said he did not know when it was dated, that was when he took it—he said, "You don't suppose a person could forge such a thing as that, do you?"—I said, "Yes"—said, "It is all right, you may depend on that"—I asked where he lived, he said, "With Mr. Childs, on Brixton-hill"—I asked how long he had lived there—he said, "Three months"—he said he would leave the cheque and call again the next day, and I was to ascertain whether it was right—he went away, leaving the cheque with me—I put it into my cash-box—I do not think my sister was present—she keeps the key of my cash-box when I am out—I did not let the prisoner have the goods—my sister is not here.
Prisoner. He asked where I lived, I told him I had lived with Mr. Childs, and had left him about three months. Witness. No, he said he lived with Mr. Childs three months, and with his brother about three years—I believe Mr. Childs lives at Clapton—there is one Mr. Childs living on Brixton-hill—he said he was living with Mr. George Childs, on Brixton-hill, at that time.
happened—he drove me to town about a month ago, last Saturday—it was on a Saturday—he set me down here at the Saracen's Head, Snow-hill, about half-past one o'clock (he had driven me to Brixton the day before, which was Friday—I stopped there about an hour and a half—he drove me back in the afternoon—he wished to have that afternoon to himself, but I would not allow him)—I directed him to bring me the chaise again at half-past two o'clock—he did not come at all, but absconded—I did not see him again till the officer apprehended him—the policeman brought my chaise home at six or seven o'clock, and requested me to go to Union Hall, where I found him in custody on the Monday morning—(looking at the cheque)—the signature to this is not my writing, nor any part of it—I did not authorise anybody to sign my name to it—I keep an account with the banker's it is drawn on—I do not know John Smith, in whose favour it. is drawn—I did not issue any cheque on the 18th of May—I have my cheque-book, and this cheque exactly corresponds with the margin, where it has been torn off—he had been about three months with me, and was going to leave in about a week—I have always understood he could not write—I never saw him write—he always put his cross to a receipt—I do not know whose writing the signature is—the name is not at all like my writing—my cheque-book was kept in my parlour, not locked up—I do not think the prisoner can read.
Prisoner. He had a character with me from Mr; Childs, of Clapton. Witness. Yes, I had—it was a very unfavourable one—he said he was a rough kind of fellow; but he might do, if I liked to put up with him—I thought I would try him.
Prisoner. I spoke to my master, and told him exactly, the truth of the case—he has has got it in a letter I wrote to him.
THOMAS BAILEY . I was a policeman, but have resigned since for another situation. I took the prisoner into custody, on Saturday the 19th of May, about a quarter to two o'clock, at Brixton—he was in the road, walking up and down in front of Mr. Blackburn's house with a horse and chaise—be-fire I took him into custody I got the cheque from Mr. Blackburn's sister in the shop, and have produced it—the prisoner was pointed out to me—I went up to him first, and asked him if his name was Cross—he said, "Yes"—I said he must go with me to the Brixton station-house—he said, "what for?"—I said "For attempting to pass a forged cheque"—he said, "It was not forged"—he said. "I can neither read nor write; how can I forge?" and that he got it from a man living in the Claphain-road—I did not tell him that it would be better for him to confess what he had done, or that it would be worse for him if he did not—he told me that he met the man, who lived in Clapham-road, against Whitechapel church, and the had been to two or three shops to try to get change, and as he was in a hurry, he had given him. 7l. 7s. for the cheque, which was all the gold he had—about this time we had arrived at the station-house, and I left him there—I brought him from there to Union Hall the same day—I did not hold out any threat or promise to him—as we came back, the first words he uttered to me were, "This is a bad job; it will take my character away, or else transport me"—I said, "Oh, there are many people charged with things, and not guilty, not till they are pronounced guilty by the Court"—he still wanted to talk with me on the subject, but I did not wish to have further conversation, and turned the subject.
Prisoner's Defence. I gave a man named Piett change for the cheque—I
can neither read nor write, and took his word—he told me it was right and he had formerly lived with my master—I wanted the money back again, and went to get it changed.
JAMES KINLOCK CLEMENTS re-examined. Piett was in ray service when he was a lad—he has left seven or eight years ago—I suppose he is now twenty-four years old—I have only had my cheque-book about twelve or eighteen months.
GUILTY of Uttering.—Aged 27. Recommended to mercy by the Prosecutor.
Confined Two Years.
Before Mr. Justice Littledale.
1633. JOHN LEARY was indicted for feloniously uttering a counterfeit sixpence, to Richard Goldsmith, on the 11th of May, well knowing it to be counterfeit, having been previously convicted as a common utterer of base coin.
Mr. Chambers conducted the Prosecution.
CALEB EDWARD POWELL . I produce a copy of the record of the conviction of John Learty and another at the City of Canterbury, at the Sessions held in January, 1837—this I have examined with the original record in the office of the town clerk of Canterbury—it is a true copy.
EDWARD PARKER (police-constable of the City of Canterbury C. 6.) I apprehended the person named John Leary, mentioned in this record—I was present at his trial, at Canterbury—the prisoner is the man—I am sure of him—(read.)
BENJAMIN AVERY . My father keeps the Ship, in Lower Queen-street, Rotherhithe. On the evening of the 11th of May last, I saw the prisoner there—he asked for a pint of porter—I served him—he offered a 6d. in payment—I looked at it, and thought it was bad—I tried to bend it, and it bent double—I told him it was a bad one—he snatched it up and gave me a good one for it—he then drank his beer—after I had given him change he went away—after he left I went up to my sister, at the ship Argo, about half a mile off, and told her something—the prisoner came in there soon after I was there—my sister's name is Amelia M'Kenzie—I saw her serve him—I was not standing where he could see me—I was in the other room talking to the child.
AMELIA M'KENZIE . I recollect my brother coming to the Ship Arge, about half-past eight o'clock, on the 11th of May—I served the prisoner with a pint of porter, he gave me a sixpence in payment—it was a bad one, I believe—I returned it to him, and told him it was a bad one—he instantly took it off the counter and bit it in two pieces, and said he was not aware that he had got a bad one—I told him it would serve him right to give him in charge—he said nothing, but went out instantly—the took the pieces away with him—he did not stay to drink the beer—I took it back again.
RICHARD GOLDSMITH . I keep the Victoria, in Deptford Lower-road. I saw the prisoner there on the 11th of May, between nine and ten o'clock—he first asked me for three halfpenny worth of gin—I was going to serve him—he had got three halfpence in his hand—he said I might pour him out two pennyworth, and he would change a sixpence, as he had no more halfpence—I did pour him out two pennyworth, and he gave me a sixpence—I put it on. the counter—before he had drunk the gin the policeman Causton came in—I think he had drunk the gin, but I am not certain—but
he came in before I had put the sixpence away—he asked me if I had taken any money from him—the prisoner could hear what I said, he was standing by the counter—I said "Yes," I had taken a sixpence of him, but I had not put it away—it laid on the counter—I had given him the 4d. change before I took up the sixpence—I gave the sixpence I had taken to Causton.
Prisoner. I gave you sixpence, you took it from me, and put it behind the bar, and gave me 4d. change. Witness. I put it on the recess, I had not put it into the till at all—I gave him 4d. change—the policeman asked what money he had given me.
Prisoner. He gave him a good sixpence, and said it was what I gave him. Witness. I gave him the sixpence the prisoner gave me, it was not a good one.
Prisoner. The policeman said it was good, and then he produced another and said "This is the one." Witness. No, I did not.
COURT. Q. Did you give the policeman a sixpence, then the policeman say it was a good one, and then you give him another? A. I believe it was so—I think I put the first sixpence into the policeman's hands.
MR. CHAMBERS. Q. How did it happen that you showed the policeman a good sixpence? A. I put my hand into the till, cast my eye down, and said, "This is the sixpence he gave me"—somebody was calling me to the end of the counter, and when I turned back I saw the sixpence I had taken of him—the first I put my hand on I saw was a good one, then I turned back and said, "That is not the sixpence, the one I took of him is lying here," and I gave it to the policeman—I am quite sure I did not put the sixpence I received from him into the till—I am quite sure that the one the prisoner gave me was the second one I gave the policeman—my public-house is in the parish of St. Mary, Rotherhithe.:
THOMAS CAUSTON . I am a policeman. On the 11th of May, I saw the prisoner, a little after nine o'clock, in Church-street, Rotherhithe, with two females—I followed them about a hundred and fifty yards—I then saw him leave the two females, and go into the public-house kept by Goldsmith—I went into the house, and asked Goldsmith if he had taken any silver of the prisoner—he said, "Yes," he had taken a sixpence—(the prisoner was present)—I asked him if it was good—he said he had not looked at it, but he would—he took up a sixpence from behind the counter, and gave it to me—I said, "This is a good one"—before I had well got it out of his hand, he turned round and said, "I have made a mistake, this is the sixpence he gave me," and he produced this one—I took him into custody—I kept the second sixpence—I searched the prisoner at the station-house, but found only 1 1/2 d. upon him.
GUILTY . Aged 59.— Transported for Seven Years.
Before Mr. Justice Littledale.
sitting at work at the bed-room window, I saw the prisoner looking in at the front parlour window—I did not go down stairs then, but remained at work—I saw him several times afterwards pass the house backwards and forwards—I went down stairs about half-past twelve o'clock, and saw the prisoner in the passage of the house, going from the parlour—he had some candlesticks in his hand which he dropped on the mat—he had a rosewood case which a watch is placed in—he drew the watch from the case, and threw the case down—I saw the watch in his hand—it was Mr. Barnes's watch—he ran into the garden, where he had placed a table by the wall—he got over the wall and got away—I afterwards went and examined the parlour and missed four salt-spoons, one table-spoon, and one mustard-spoon out of the mustard-pot—I had seen them before on the side-board in the parlour, and the watch was then safe in the rosewood case—I saw the prisoner again at the station-house the next day—I am quite sure he is the boy—I have looked at him well before the case was brought here, and am certain of him—I did not know him before this happened—I would not swear to his dress, but I had a full view of his features—I did not go down stairs at first, as I thought he was looking at some birds which we have in the window, and I did not suspect him.
JAMES BARNES . I occupy this house. I have not found any of my property—I was informed of the robbery while in town, and when I went home I found these articles were gone—they are worth 6l. 10s. altogether.
Prisoner's Defence. I was on the other side of the water all that day—I was not there at all—I was at work, and my father and brother can prove it.
JAMES NEALE . I am the prisoner's brother-in-law, and live in Kent-street, Borough, in the same house as the prisoner. Last Monday fortnight, the 4th of June, he left home about half-past nine or ten o'clock in the morning with a bundle of chisel rods, which he carried out to sell for his father, who is a dealer in wood—I saw him again about four o'clock in the afternoon—I do not know where he was in the meantime—our house is about two miles and a half from Camberwell.
THOMAS FERMIGER . I deal in wood and charcoal, and live in Walworth. I am no relation to the prisoner—I recollect seeing him last Monday fort-night, the 4th of June, about ten o'clock in the day, just by his father's house in the street—I do not know where he went to—I did not see him after that.
JAMES TUCKER . I am the prisoner's father, he lives with me, and assists me in carrying out chisel rods to sell. On Monday, the 4th of June, he went out with a bundle of chisel rods—I cannot say at what hour it was—it was in the fore part of the day—he returned between five and six o'clock, and had sold none—I do not know where he had been.
JURY. Q. Do not you know what time he went out? A. I cannot say—it might be ten, or it might be eleven o'clock—I did not see him from the time he went out till he returned.
JURY to ANN CASTLE. Q. Why not give an alarm when you saw him with the watch? A. I did—there was nobody in the house but myself—I ran to the door, and gave an alarm—a young man came to my assistance, and I told him I had been robbed—he ran and got a policeman, but the prisoner was gone—he was apprehended on another charge.
NOT GUILTY .
THOMAS COOK I live in Eden Cottages, Old Kent-road. On Tuesday, the 5th of June, about six o'clock in the afternoon, I looked out of window, inconsequence of hearing a scream and a cry of "Stop thief" from my servant—I saw the prisoner in my front garden, without his shoes and stockings, be bad my Mackintosh coat, and my hat in his hand—he wore a cap himself—my servant was pursuing him—he was making his escape, and hesitating whether he would turn to the left or right—he escaped over the palisades in the front—he threw the coat and hat down in the front garden—I had seen them both about half an hour before—I saw the prisoner secured and brought back—there were about twenty persons in pursuit of him—he had no shoes or stockings on when he was brought back, but at Union Hall I saw shoes on his feet, with marks of nails very similar to marks whieh wore on both sides my garden wall—inside the garden there were marks of bare feet—I have left the coat and hat at home—I was told at Union Hall to lake them away—there is no policeman here—I gave the prisoner into custody of a policeman.
NOT GUILTY .
Before Mr. Sergeant Arabin.
1636. WILLIAM SIMMONS was indicted for feloniously breaking and entering the dwelling house of William Dicker, on the 15th of June, at Lambeth, and stealing therein, 1 watch-chain, value 1l.; and I scent-bottle, value 10s.; his goods.
JOSEPH PARKER . I am servant to William Dicker, a pawnbroker, in Lambeth Marsh. About nine o'clock in the morning of the 15th of June a young man called me, and said something—I directly ran out, and found the window broken—this scent-bottle was outside the window, and this watch-chain lying down, which had been inside, attached to it, but both had been removed from their places—abroad knife was found upon, the prisoner.
THOMAS GRAVES . I live with Mr. Dicker. On the 15th Of June, about nine o'clock in the morning, I was standing at the sale-shop door, hanging up things, and saw the prisoner walking up and down, with a looking-glass under his arm—in a few minutes I heard the chains falling in the window—I ran out, and saw him walking away—there was nobody near the wiadow bat him—I ran and secured him—I am rather deaf, and had not heard the glass break—I had seen it whole two hours before—I saw the bottle outside the window, and the chain hanging down inside.
EDWARD CROSBIE . I am a policeman, I received the prisoner in custody—his hand was cut and bleeding, and there was a slight portion of glass outside—the glass was burst in, and there was blood on the window—I had seen him loitering about the shop three or four minutes before the alarm.
Prisoner's Defence. I was waiting for a female who was in the shop—the young man was hanging the clothes up outside—he looked very hard at me—I walked towards the Marsh-gate, and be came after me, calling, "Stop thief—I ran across the road, and fell down, and cut my fingers with the looking-glass.
GUILTY* of Stealing only. Aged 19.— Transported for Seven Years.
MARY ANN WARDER . I live opposite Mr. Delany. On the 20th of June I saw a boy, who I believe to be Duffy, run off, with four pocket-handkerchiefs in his hand—he had just left the shop-door—he ran down Adam-street—I gave an alarm to a young man, who alarmed Reardon.
DANIEL REARDON . I am in the employ of Joseph Delany, a pawn-broker, in Church-street, Rotherhithe. I heard an alarm, and missed a red, yellow, and blue handkerchief, which had been safe inside the shop five minutes before—I ran out, and at the corner of Adam-street, I saw Duffy turn the corner shop with a bundle in his hand—I could see a red handkerchief—I followed him for half a mile—he got into some alleys—I lost sight of him—he turned into Rotherhithe-street, and I gave him up at last, but I saw him close to the water side, with the prisoner Hands and another in a boat, rowing away as fast as they could—I called to them—they turned and looked at me—I called to the waterman to bring him back, but they rowed on—I got into a boat and followed them—I gained on them within about three yards, and saw Duffy take the handkerchiefs from his bosom, double them up, and I could distinctly see my tickets pinned on the corner of them—he put them into the water, and Hands took the scull and tried to sink them—I followed them, and Hands jumped out and swam ashore—Duffy got out into a coal wharf—I secured him—I returned and Hands had hid himself—he got into the boat I had been in—I gave them both into custody—I have lost the handkerchiefs altogether.
Duffy's Defence. I know no thing about the handkerchief—I was going over the water to get a job—I had no money to pay my passage, to get work among the riggers—I asked the other prisoner to give me a cast over the water.
Hands's Defence. I was at the Reform-coal-wharf, where I got work. The prisoner asked me to give him a cast over the water—I did so, and this young man hallooed out "Stop thief," when I had got half way over—I fell overboard, as I was stepping over the barges.
DUFFY*— GUILTY . Aged 14.— Transported for Seven Years.
HANDS— NOT GUILTY .
Before Mr. Common Sergeant.
1638. JAMES KELLY and JAMES WRIGHT , were indicted for stealing, on the 20th of May, 1 watch, value 8l.; 1 jacket, value 2l. 10s.,. 2 shirts, value 5s.; 1 pocket book, value 2s.; 1 pair of stockings, value 2s.; and 3 £5 Bank notes, the goods and property of William Richmond, the master of the said James Kelly.
WILLIAM RICHMOND I am master of the ship Thetis. of Newcastle she was lying in the river Thames, on the 20th of May, at Northfleet—Kelly was my apprentice—he absconded from the ship, on the 20th of May, and I missed the watch, the pocket book, the notes and other things stated—I knew Wright from seeing him on board another ship which was lying close to mine—this wearing apparel (looking at it) is what I lost—and this watch is mine.
DAVID GOOCH (police-constable R 140.) From information I received, I went after the prisoners—I found Kelly at his lodgings packing up these clothes to go away, and Wright was waiting for him in the street—I said to Kelly," I suppose you know what I want"—"Yes," says he—I searched him and found this watch and five sovereigns on him—I went down to take Wright, and he ran away—I waited a little while—he came back and I took them to the station—I found this silk handkerchief round Wright's neck, which the prosecutor claims.
Wright. I was kicked about by my master, and did not get my money when it was due to me—Kelly came on board, and asked me to run away with him—I went on board his ship, and he got the things, and we ran away.
KELLY— GUILTY Aged 14.
WRIGHT— GUILTY Aged 16. Confined One Year.
JAMES WEBB (police-constable V 134.) I was at Wandsworth Fair on the 6th of June. I saw the prisoner put his hand into the prosecutor's pocket, and take out something red—Golding took him, and found on him the handkerchief—I took another person who was with the prisoner.
RICHARD GOLDINO (police-constable V 117.) I saw the prisoner and another person—the prisoner went behind a gentleman and left him suddenly—I secured him, and found this handkerchief and another on him.
Prisoner's Defence. I picked it up.
GUILTY . Aged 18.— Confined Six Months.
THOMAS BINGLEY BAYNHAM . I live in London-road, Southward. On the 24th of May, I was on the Lambeth side of Westminster Bridge—I received information, and searched my pocket—my handkerchief was gone—this is it.
JOHN PASMORE MUMFORD (police-constable A 35.) About two o'clock on the 24th of May, I saw the prisoner and another lad following the prosecutor with a lady from Whitehall—they went down Parliament-street, and over the bridge—I saw the prisoner put his hand into the gentleman's Pocket and take the handkerchief out—he was in the act of putting it into his pocket, when I seized him with it, and told the prosecutor.
Prisoner. I saw the handkerchief on the ground—I took it up, and this man took me.
Witness. I am quite positive that he took it out of the gentleman's pocket.
GUILTY . Aged 18.— Confined Six Months.
MARY ANN PEARCE . I am the wife of Charles Pearce. On the 30th of May, my little child Sarah was out, and had a pair of ear-rings taken out of her ears—I did not see it done—these are the remains of the ear-rings she had—(looking at them.).
MARY ANN HARRISON . On the 30th of May I was on the rail-road, at Southwark, with Sarah Pearce—the prisoner said to her, "I will give you some buttons if you will go and play with me"—I left them a bit, and when I came back she was crying, and said the boy had taken her rings.
Prisoner. It was in my shoe, I had been without my shoes, and when I put them on, the bit of the ear-ring was in it.
Witness. No, it was in his stocking—I took it off and turned it up—it fell out of it.
GUILTY . Aged 14.— Confined Seven Days, and Whipped.
ELLEN PAINE I live in Blackfriars-road; the prisoner was in my service for about a month. On Sunday morning, the 20th of May, I missed some silver spoons—I spoke to her about them—she denied it, and said the area door had been left open—these spoons are mine—(looking at them.).
JOSEPH LYONS . I am a clothes-dealer. On the 26th of May, the prisoner came to my shop and produced two spoons and some other articks of plate—I asked her where she came from—she said her mistress had sent her, and she was in great distress—I thought the mistress would not send plate to be sold by the servant—I said, "You leave it, I must weigh it, call in an hour or two"—while she was gone I informed the police, and when she came again she was taken.
Prisoner. I did not know what I was about when I took them—I was in liquor.
(The prisoner received a good character.)
GUILTY . Aged 28.— Confined Six Months.
Before Mr. Sergeant Arabin.
1643. ELIZABETH HUBBARD was indicted for stealing, on the 18th of May, 1 watch, value 2l.; 1 watch-chain, value 13s.; 1 ring, value 7s.;. 3 shawls, value 12s.; 1 pair of ear-rings, value 2s.; 3 frocks, value 3s.; 1 breast-pin, value 1s.; and 1 pair of boots, value 1s.; the goods of John Grattan, her master.
JOHN GRATTAN . I keep the Rose and Crown, at Richmond. The prisoner was my servant—she had been with me nearly twelve months—about half-past three o'clock on the 18th of May, my wife went out—at eight o'clock in the evening, it being the prisoner's duty to attend to the children, and as she did not, I made inquiry, and found, she had left; with a bundle, about half-past four o'clock—she did not come in at bed-time, and then I missed my watch and other articles—the following morning I went to Brentford, and found my watch, and three shawls, at the pawnbroker's—I afterwards found her, and gave her into custody.
(Property produced and sworn to).
GUILTY. Aged 16.—Recommended to mercy by the Jury and Prosecutor. — Confined Six Months .
Before Mr. Common Sergeant,.
NOT GUILTY .
1645. EDWARD JEFFERD and WILLIAM FITZGERALD were indicted for stealing, on the 8th of June, 1 truck, value 4l., the goods of Henry Chaproniere, the master of the said Edward Jefferd; 2nd COUNT, Stating it to be a van.
HENRY CHAPRONIERE . I live in Windmill-street, New-cut, Lambeth; and am a ginger-beer manufacturer. I employed the prisoner, Jefferd, to sell ginger-beer—he had fourpence for every thillingsworth he sold—he took out my truck on Friday, the 8th of June—he did not bring it back, nor the beer, nor the money—the truck was worth 4l.—I do not know Fitzgerald—I was told Jefferd had gone to his mother's—I found him there—he told me about Fitzgerald immediately.
WILLIAM DORMAN . I live in Red Cross-street, Southwark. On Friday, the 8th of June, I was sent for, and found the two prisoners at my shop—they asked me if I would buy any bottles—I said I did not want any then—Fitzgerald asked if I would buy the truck, and said he had been to Mr. Iamb's, a broker, a few doors off, and he had offered 1l. 5s. for it—if I would give it him, he would rather I should have it than the broker—I went and borrowed some money of my master—he gave me all the silver he had—I bought the truck of Fitzgerald, in the presence of Jefferd—he gave me a receipt, and said he lived in Brooks'-court—I went there, and there was no such person.
Cross-examined by MR. PHILLIPS. Q. Did you ever say that Fitzgerald was alone when he sold the truck? A. No; I do not know Cole—I spoke to him when he was in the yard with the policeman—I never told him that Fitzgerald was alone, that I recollect—I think I could swear I did not.
WILLIAM PIPE (police-constable B 33.) I went to Fitzgerald's, and took him—he said he knew nothing about the truck—the prosecutor was with me—I took him to the station-house, and fetched Dorman, and then Fitzgerald said he had sold the truck.
Cross-examined. Q. How did you get Jefferd? A. He was brought to me by the prosecutor.
MR. PHILLIPS. called.
MATTHEW COLE . I live at No. 56, White Horse-street. I do not know Dorman, but I spoke to him on the day we were in search of the truck—it was on a Monday—the prosecutor, who had lost a truck, asked me to go with him, and we went—I saw Dorman at his house—I first asked him what he gave for the truck—he said, 15s.—I asked who he bought it of—he said of a man—I said, "Was there a boy with him?"—he said there was no boy with him—the officer and the prosecutor heard this.
MR. PHILLIPS to WILLIAM PIPE. Q. Did you hear the prosecutor ask Dorman whether anybody was with the man? A. Yes, and he said there was no boy.
Fitzgerald's Defence. I met a man who sells ginger-beer—he said he would give me 4d. in a shilling to go and sell it, and I did so every week; after the fair was over, I went to town, and put the truck up, and began to sell ginger-beer in the streets—I stopped till twelve o'clock, and met this boy with his truck, we went and had some dinner—we stopped till about three o'clock—he said, "I will take my track home; come and help me;" and in going along he said a man had offered him 2l. for his truck—I said, "Would he give me 2l. for mine?"—he said he did not know, and I went to ask him—he would not give me an answer—Dorman's wife was at the door, and we asked her if she would buy the bottles—she said no; I said a man offered 25s. for the truck, and she said she would give it, she sent her husband, and he bought it.
FITZGERALD— GUILTY . Aged 23.— Confined Six Months.
JEFFERD— NOT GUILTY .
GUILTY . Aged 13.— Confined Two Years.
GUILTY . Fined £5.
ADJOURNED TO MONDAY, JULY 9.