CENTRAL CRIMINAL COURT.
SIR JOHN COWAN, BART., MAYOR.
NINTH SESSION, HELD JULY 9, 1838.
MINUTES OF EVIDENCE,
Taken in Short-hand
BY HENRY BUCKLER.
GEORGE HEBERT, CHEAPSIDE.
WILLIAM TYLER, PRINTER, BOLT-COURT, FLEET-STREET.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Held on Monday, July 9, 1838, and following Days.
Before the Right Honourable Sir JOHN COWAN, Bart., LORD MAYOR of the City of London; Sir John Allan Park, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir John Vaughan, Knt., one other of the Justices of Her Majesty's said Court of Common Pleas; Sir Joseph Littledale, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir Matthew Wood, Bart.; Anthony Brown, Esq.; Sir Peter Laurie, Knt.; Charles Farebrother, Esq.; and Thomas Kelly, Esq.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City; Samuel Wilson, Esq.; Sir Chapman Marshall, Knt.; John Pirie, 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 NINTH 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, July 9th, 1838.
First Jury, before Mr. Recorder.
GUILTY. Aged 18.—Recommended to mercy by the Prosecutor. — Confined Six Months.
WILLIAM GOFTON . I am a pawnbroker, and live in Gilbert-street, Grosvenor-square. On the morning of the 13th of June, the prisoner came to my shop and offered a pair of table spoons to pledge, which I produce—I asked her whose spoons they were—she said they belonged to a Mrs. Sharpe, a lady's maid, living at No.9, Brook-street, that her own name was Baker, and that she lived at No.7, Davies-street, and afterwards at No. 10, Mount-street—the lady's maid was going to be married, and had sent her to pawn them—I sent my young man to No. 9, Brook-street—she left and came again—she then told me a person in the street had given them to her to pawn—I sent for a policeman and gave her into custody—she said she had slept two nights in the Fair in the Park.
WILLIAM PARKER (police-constable D 144.) I apprehended the prisoner at Gofton's shop—on going to the station-house, I asked her how she came by the property—she said she brought it from No. 7, Ruseell-square—that she was invited by the man servant to take it—that she had slept there all night, and came away at six o'clock in the morning, and brought the property away off the dresser.
GENERAL ROBERT BELL . I live at No. 7, Russell-square. I had a man servant at that time, but have now discharged him—in consequence of what the policeman said I examined my plate, and missed two spoons—those produced are them, I believe—they have the initial "B," and correspond with my others.
JAMES COLLINS . I was in General Bell's service. The prisoner came to the door of the house in Russell-square, on Friday week—she did not ring the bell—the baker rang the bell, and she was standing outside—I asked her in—I have known her between seven and eight
months—I did not know she had left her situation in Mount-street then—the rain came on, and I said, "Will you stop all night, as the rain is come on?"—she said, "I do not mind stopping, as I have left my situation"—she used the same bed as me, and left at six o'clock in the morning—I did not miss the spoons until the policeman came—I know them to be master's.
GUILTY. Aged 18.—Recommended to mercy.— Confined Six Months.
THOMAS FINGLASS . I live at No. 4, Moon-street, Islington, and am a Ladies' shoe-maker. On the 29th of June, I was at the Fair in Hydepark—I saw the prisoner there with two other women—they had got a drunken man up against a tree—they dragged him down, and then got him up and dragged him down again—the prisoner got him up and then went away with him by herself, and I saw her put her hand into his right-hand waistcoat pocket—I took hold of her arm, and she said, "What have you got hold of me for?"—I said, "For robbing that man"—she called me a d-d liar, but I took the purse from her hand—I took her to the station-house, and gave the purse to the Inspector, who opened it, and it contained two sovereigns—the man turned out to be the prosecutor—I saw her take the purse out and put her hand behind her to put it into her own pocket, bet I took hold of her arm.
JOHN ROGERS HARRISON . I live at No. 1, Doughty-street, and am an auctioneer. I was in the Park—I was quite capable of taking care of myself, but had some gin given to me by some women, who had it in a bottle under some trees—immediately I took it I fell down insensible—my opinion is there was something else in it—it was not the prisoner who gave it to me—I did not notice her—I had a purse in my waistcoat pocket containing two sovereigns, and I had some loose silver besides—my purse was afterwards produced to me—this is it—(looking at it.)
BENJAMIN DIMENT . I was in the Park on the 29th of June, standing under a clump of trees, as it was raining—I saw the prisoner and two other women with a bottle—I suppose it was gin—I saw the prosecutor take a glass or two—when he took the second glass he became stupified all at once, and quite incapable of taking care of himself or of standing—I suspected, and watched the women—they appeared to be rifling his person—the man was not able to stand, and was falling about—the other two left him, and the prisoner staid with him—I saw her put her arm round his waist as if to keep him up—but with her other hand she took his purse from his waistcoat pocket—Finglass came up and took it from her, and we took her to the station-house.
DAVID SHEPPARD (police-constable R 68.) The prisoner was given into my charge—the prosecutor was insensible from drink—I produce the purse I received from Finglass, containing two sovereigns—the prisoner appeared to be sober.
Prisoner's Defence. What he says is very false—I was going through the Park, a woman asked us to have some gin—I said I had no money—she said, "This gentleman will pay for you," and he stopped and gave us a glass of gin—and when he paid for it, he fell down and dropped the purse—I picked it up, and endeavoured to get him up—I asked where he lived, he said, in Smithfield—I said we would endeavour to get him
across the Park to an omnibus—but before I could give him his purse the gentleman came up and took hold of me.
GUILTY . Aged 41.— Transported for Ten Years.
RICHARD DOREY . I live in Westbourn-street, Pimlico, and am a carpenter. I was in Hyde-park on the afternoon of the 29th of June, between four and five o'clock—there was a crowd round me—I felt something at my pocket, and missed my handkerchief, which was safe a few minutes before—I turned round, and saw the prisoner going away from me—he was passing close behind me at the time I felt something—I followed him, overtook him in the crowd, and took my pocket-handkerchief from his hand—I gave him in charge—this is my handkerchief—(looking at it.)
SAMUEL EVERETT . I received the prisoner in charge—I had seen him in the Park a few minutes previously—I found two other handkerchiefs tied on his neck, and the prosecutor gave me another, which he claimed—one of the two was silk and the other cotton.
Prisoner's Defence. I brought the two handkerchiefs away from home.
GUILTY .* Aged 17.— Confined One Year.
DAVID MILBANK . I live in John-street, and am foreman to Mr. Jonathan Riches, a builder in Titchbourne-street. Some lead was missed—the prisoner was in my master's employ—on the 21st of June, I was placed in the office to watch—I could see the shop—I saw the prisoner—he cut up some lead, beat it up, and took some in his bosom, and some he put under a bag in the shed and secreted it under the stairs—when the time canto for them to go to dinner he left to go to his dinner, and was taken with twentysix pounds of lead on him—the lead that was put under the stairs was removed somehow or another.
Cross-examined by MR. PHILLIPS. Q. Had you kept him in view from the time he put it into the bag till he went? A. I had lost sight of him from the time he put it under the stain till he was apprehended—he had gone to his breakfast—I did not see him go—after I saw him put it into the bag I went out to give notice to the men to go to breakfast—three are seenteen men in all—the prisoner has a wife and six children.
JOSEPH WALKER (police-constable T 145.) The prisoner was given into my custody—in his jacket I found this piece of lead, weighing sixteen pounds, and between his linen and flannel shirt I found these two pieces, weighing ten pounds more, in his breast.
(The prisoner received a good character.)
GUILTY. Aged 40.—Recommended to mercy.— Confined Three Months.
GUILTY . Aged 52— Confined One Month.
GUILTY . Aged 40.— Confined Three Months.
JAMES JINKS . In the afternoon of the 22nd of Jnne I was at a beershop in Bishopsgate-street. I observed the prisoner in company with the prosecutor—they were sitting together on a form, in front of the bar—I saw the prisoner kiss the prosecutor, and put her hand on his person, in a very unseemly manner, and with her right hand draw a paper ont of his left-hand pocket—I then told the landlord—she opened the paper, and took out a shilling, and gave it to the landlord to pay for some ale, and some bread and cheese—he looked at the shilling very minutely, and the prisoner said, "It is all right; I have just made it"—she said the man was her father—I said, unless she returned the money I would fetch a policeman—she abused me—I left her in custody of the landlord, and four other gentlemen, and fetched a policeman, who found the brown-paper parcel in her left hand, after a considerable resistance—she tried to kick and fight him—he found in it one sovereign, two shillings, two penny-pieces, and four halfpence.
MICHAEL PRADY (City police-constable 101.) I was called in by Jinks—the prisoner was standing by the side of the prosecutor—I asked him if he had lost any money—he said he did not know—I asked what he had got in his pocket—he said 25s.—he tried to put his hand into his pocket, and his left-hand pocket was turned inside out—I asked the prisoner what she had got—she said it was no business of mine—I took this paper from her, and found one sovereign, two shillings, two penny-pieces, sod four halfpence in it—she made a great struggle, and called me very bad names.
HENRY LEBERT . I received my pension, which was 25s., but there was some spent—I did not go to this beer-shop—the prisoner carried me there—I had not given her permission to put her hand into my pocket, and help herself to my money—she was a person I never knew in my We—I Was a little drunk.
Prisoner's Defence. He gave me permission to take the money, to pay for some ale, and bread and cheese.
GUILTY . Aged 44.— Confined One Year.
JAMES COSGRAVE . I live in Angel-alley, Bishopsgate-street, and am an oil refiner. On the 16th of June I was at the house of a friend, in white-cross-street—the prisoner lived in the house—I never saw him before—I got intoxicated—he came up into the room, and said he would see me safe home, and so he did—I lost a sovereign and a half, which I had wrapped in a bit of paper in my waistcoat pocket—I missed it when I got home—I gave him a pot of ale on the way, to the best of my recollection—I was very drunk, and did not know what I was doing—I had a basin and handkerchief in my hand, in which I took my victuals to the Rosemary Branch,
where I worked—he brought that back, and broke it—I missed my money as soon as I went home—I pat my hand into my pocket, and had not a farthing.
Prisoner. I did not offer to lead him home—Mr. and Mrs. O'Hara requested me to take him home, which I did—we went to three houses, the Jack of Newberry, the Pied Horse, and the last was the Black Dog, at the corner of Long-alley; and between there and Peter-street he gave me 1l. 10s. wrapped in one or two pieces of writing paper, with this handkerchief, and a small basin, which I was to deliver back to O'Hara, but I had had a good deal of drink, and I fell in with one or two more in the same line with myself—I went to more houses, and got very drunk, and the money was in my hat and the handkerchief.
EDWARD BOSTON . I live in Hull-street, and am a watch-finisher. I was a prisoner in the cell at Featherstone-street station-house, for being drunk—the prisoner was there on the same charge—he said he had lost 30s. in gold, a sovereign and a half—I said it was a pity, and he said it was money he had been hard earning, and saved it up—that was in the morning—he appeared sober then.
Prisoner. I had been saving up 30s., but it was not the prosecutor's.
THOMAS SEAL (police-sergeant G 16.) I was at the station-house—the prisoner was brought in about one o'clock that morning drunk—I found the money in his hat, with the handkerchief, and the basin broken.
NOT GUILTY .
ROBERT AXAM . I live in William-and-Mary-yard, Little Pultney-street. The prisoner was in my employ for two or three months—he was to receive money, and was at liberty to pay either me or my wife—she received this 1l. 4s. of Mr. Blount, in Bond-street—I sent the prisoner with the shirts and handkerchiefs—my wife is not here.
Prisner. I gave up 19s. 6d. to the prosecutor. Witness. Yes; the Magistrate said she might give it up to me, if it was mine.
ROBERT AXAM re-examined. The prisoner was apprehended on the 23rd of June—she did not return after I sent her out—when she was at the station-house she held some money in her hand, but the Inspector told me I could not receive it then—I do not know whether she offered mote than 19s. 5d.—never saw the money—she lived in our house, and had left us.
JURY. Q. Had she taken her clothes away? A. She left one dress behind her.
NOT GUILTY .
THOMAS LEE LINFORD . I live in Hoxton Old Town. On the 14th of June, in consequence of information, about twelve o'clock, I ran out of my shop door, and saw the prisoner's hand up at Mr. Leach's door, with a veil
in his hand, which he secreted under his coat—he ran towards my shop—I told him to drop it—he ran down Tyson-street, and threw the veil into a truck—I pursued—a policeman came, and took him—I picked up the veil.
Prisoner. He said he did not see me take it. Witness. I saw him at the shop door, with the veil in his hand, and I saw him run, and throw it into the truck.
ANN ESTHER SEATON . I am the wife of John Seaton, and live at Queen-row, Hoxton Old Town. My door is a few doors from the prosecutor's—I saw the prisoner there—he made many attempts to get the veil down with a cane, and he got it, and put it inside his waistcoat—I watched him for a quarter of an hour.
GUILTY . Aged 22.— Confined Six Months.
1659. ANN BURGESS was indicted for maliciously and feloniously, by force, carrying away Anna Maria Holliday, aged three years, with intent to deprive George Holliday, her parent, of the possession of the said child.—2nd COUNT, stating her intent to be to steal the apparel.
JAMES SWAINE . I am a butcher, and live in Upper Whitecross-street, St. Luke's. On Monday, the 25th of June, I was going down Redcroos-street, Cripplegate, about twelve o'clock, to go to Newgate-market, and observed the prisoner with a lot of children, feeling down their bosoms—I suspected she was about stealing their necklaces—that induced me to watch her—I went to the corner of Jewin-street, and saw her call the children up to her again, and speak to them—she took one in her arms, and crossed the street, down Paul's—alley—I then crossed to the other children, and asked them if they knew that person—they said no—I ran down the alley, and caught her before she got to Aldersgate-street—she had got four or five hundred, yards, nearly to Aldersgate-street; she then crossed Aldersgate-street, and went up a court leading into Cloth-fair, and I think she bought the child something—I saw the child with something in a paper when she cama out—I followed her to Smithfield, and there she stopped to speak to somebody, and I asked the man she spoke to if he knew her—he said no—I followed her about Smithfield—she was showing the child the sheep and calves till about two o'clock—I saw her go into a public-house, and called the officer to come and take her in charge—she had had the child about two hours and a half—I went into the house with the officer, and questioned her as to whose child it was—she said the child's father lived in Duke-street, just across Smith-field—I told her I should go and see the father—we went with the officer up and down Duke-street—she could not find any house, and thern I told her where she took the child from—when we came to Jewin-street, she put the child down, and said it would know its way home—I told her I wanted her to tell me its name, and where the father lived, and she could not—she then directed me to Green Dragon-yard, Fore-street—we went up Green Dragon-court, and she went up to a female with a child in her arms, and said, "Say you know me"—the woman said, "I never saw you before; how can I say I know you?"—we then came back again, and in crossing Whitecross-street, we met a young woman, and she said, "Ah, Anna Holliday, we have been looking for you every where, in the work-house and every where"—I had the child in my arms, and the policeman
had the prisoner—I asked the young woman where the parents of the child lived—she directed me to Long-walk, Lower Whitecross-street—I took the child, and the policeman took the prisoner, and found the person that had the care of the child.
Prisoner. I said I had had the child before—that was at the back of Green Dragon-court. Witness. You told me the mother had been dead three weeks, and she has only been dead seven months.
Prisoner. I had had the child on Saturday nearly two hours, and again on Monday.
JONAS CLAPHAM (City-police-constable No. 79.) On the 25th of June, swaine came to me in Smithfield, and requested I would notice the prisoner—I went into the Golden Lion, and asked her a few questions—her answers seemed very unsatisfactory to me—she asked me to walk to Duke-street, which I did—when I got there, I saw she wished to shuffle away—I said I would not let her go—she said, "If you will go to Green Dragon-court, I will show you the father of the child"—I went there, but no one knew her—and then I returned back, and happened to meet the young female who recognised the child—I took the child there, and all the neighbours knew it—they knew nothing of the prisoner—I then told her it was my duty to take her to the watch-house—she told me that the mother of the child had been dead a fortnight.
GEORGE HOLLIDAY . This is my child—her name ii Anna Maria Holliday—I had the misfortune to lose my wife about six months ago—I know nothing of the prisoner—I had not allowed her to have my child—it is three years and a half old, and was left in the care of a woman that I pay so much a week to, to wash her and send her to school—she might be playing about at the time she was taken.
Prisoner. She was left to play in the neighbourhood—I have seen her frequently, and given her cakes.
ELIZABETH RYAN . I had the charge of this child—it went out to play with some other children near where I live—I do not know the prisoner—I never saw her till she was at Guildhall—I never knew of her having the child—the child was not gone long before I missed her—I never missed her before this, for any length of time.
Prisoner's Defence. I get my living by making cloth caps, and having nothing to do, I came to see my sister, and in coming up Redcross-street, I saw the child, and took it with me into Smithfield, but with no bad intention—I called to see a person, and then I went to the public-house, and had a pint of ale—the man came in and asked me bow I got the child—I said I could give an account of myself—I went to Duke-street, but I did not call on the person I meant, and then they took me—I have two children of my own—I did not want any one else's—I have been a widow four years—my husband was a sawyer, but had been in the public line.
JONAS CLAPHAM re-examined. She told me her first husband was a Publican, and that she lived seven years in the neighbourhood of Hanover-square—there was a man in the public-house that I knew by sight—I believe his name is Hitchcock—she gave the child some ale, and he offered it some spirits and water.
GUILTY on the 2nd COUNT. Aged 29.— Confined One Year.
OLD COURT.—Tuesday, July 10th, 1838.
Second Jury, before Mr. Recorder.
1660. WILLIAM YOUNG Was indicted for stealing, on the 23rd of June, 1 purse, value 2s.; 6 sovereigns, 2 half-sovereigns, and 1 £5 not; the goods, monies, and property of Mark Morrell, from his person.
MARK MORRELL . I am a brewer, and live at Oxford. On the 23rd of June, about three o'clock, I was outside the shop of Rundle and Bridge, on Ludgate-hill—I perceived somebody rub his hand against my pocket—I said, "That fellow has taken my purse out of my pocket"—the prisoner was quite close to me at the time, and I saw my purse drop out of his hand—it contained a £10 note, six sovereigns, and two half-sovereigns—one or two sovereigns dropped out of the purse on the pavement—I picked up the purse and one sovereign—another person picked up the other, and gave it to me—they were returned to the purse, and delivered to the policeman.
Cross-examined by MR. PHILLIPS. Q. Was there not a great crowd about the shop? A. There was—I am not mistaken in the hand which dropped the purse—I swear positively to the prisoner—there was another person taken up—the policeman collared them both—he offered to strike.
COURT. Q. Was the same person you saw drop the purse apprehended on the spot by the officer? A. Yes—I saw him collared directly.
WILLIAM FRANCIS . I live in Swan-street, Minories. On the 23rd of June I was waiting to go into Rundle and Bridges's shop, and heard Mr. Morrell exclaim, "e has got my purse," or something to that effect—I saw a policeman holding the prisoner—I held the other man, named Clements—I saw the prisoner drop the purse at the time the policeman had hold of him.
GEORGE EDIS EVANS (City police-constable 21.) I was standing at the door of Rundel and Bridge's, and heard an alarm given—I laid hold of the prisoner—I observed something fall from his hand, and directly heard the gold chink on the pavement—I took him into Rundle and Bridge's shop, and the prosecutor gave me the purse, containing a £10 note, five sovereigns and a half—another gentleman gave me a sovereign and a half.
GUILTY . † Aged 26.— Transported for Ten Years.
MESSRS. PHILLIPS, CLARKSON, and BODKIN, conducted the Prosecution.
THE MOST NOBLE THE MARQUIS OF DOWNSHIRE . My Christian names are Arthur Blundell Sandys Trumbull—the title of Marquis of Downshire is an Irish title—I am also an English peer, as Earl of Hillsborough—I have an estate in Ireland called Hillsborough-castle—my town-house is in Hanover-square—I returned from the country to London on the 12th of March last—on arriving in London I received these two letters—(looking at Nos. 1 and 2)—my initials are on them—they were sealed, and enclosed the printed papers which are now affixed to them, and one contained a letter—the name of J. Reitterhoffer appears as the printer of the hand-bill—there was a person in the service of my late mother, named Joseph
Reitterhoffer—he filled the office of courier—he came into her employ in 1821, I believe, and quitted, I believe, in 1830—Lady Mary Hill, my sister, tied in 1830—Joseph Reitterhoffer went abroad with the late Mrchioness and Lady Mary Hill, and remained with them on the Continent, at Naples and other places—(one of the hand-bills is headed "A Sketch," and the other "A Faux-pas")—my mother died in August, 1836—from 1621 up to 1830, when Lady Mary Hill died, she always resided with her mother—she was never away from her—Reitterhoffer, after he became courier, succeeded to the office of house-steward in England—there was great confidence placed in him, and he was very much trusted—he was a man well acquainted with his duties, and I believe had been very highly recommended to the late Marchioness.
Q. Do you recollect when it was you first heard of a publication on the part of Reitterhoffer, how soon after the decease of Lady Mary Hill? A. I cannot state any particular time—there was some claim immediately after her death—I do not recollect any claim being advanced by Reitterhoffer, as connected with Lady Mary Hill, while she was living—I am not aware of any publication with reference to Lady Mary Hill, till after the decease of the late Marchioness—there were proceedings in Chancery, taken by reitterhoffer.
LORD MARCUS HILL . I am A younger brother of the Marquis of Downshire. I remember Reitterhoffer being in the service of my mother, the late Marchioness—I have, by settling accounts with him, and in other ways, acquired a knowledge of his hand-writing—I believe this letter and these envelopes (looking at them) to be his hand-writing—(looking at No. 1,) I have not the slightest doubt that this is his—the address to this (No. 2) seems to be in a different hand—the hand-writing on, this envelope does not appear to be the same as the letter—I do not believe that to be his hand-writing—I believe this letter, (No. 3,) dated 18th April, to be Reitterhoffer's hand-writins—both the letter and superscription I believe to be his—(read.)
No. 1.—"To the Marquis of Downshift, [Hillsboro Castle, Irelnd," erased, and] "Hanover-square, London," written underneath; no date; London post-mark, "March 7th, 1838;" country post-mark, "March 9th."
"Joseph Reitterhoffer enclosed the Marquis of Downshire the announcer of the 2nd edition of his pamphlet, which will parade the principal streets, and at your respective residences, at your arrival in town; and as the object and aim of J. R. is only to seek justice for unparalleled wrongs, he will for bear to give publicity to the work until the Marquis of Downshire has had fair opportunity of considering whether it is most honourable to grant or withhold the justice demanded.
"J. Reitterhoffer again promises, if the Marquits of Downshire return him his character, or give him the opportunity of justifying it, to destroy, or even give up, all letters and documents which substantiate his publication—J. R. presuming that the feeling entertained towards him by the Marquis of D. is such as to preclude the possibility of a personal interview, suggests that his wrongs should be inquired into by two gentlemen, the due to be appointed by the Marquis of Downshire, and the other by himself, whose decision J.R. will willingly abide by. Should this suggestion meet With appreval of the Marquis of Downshire, a communication to that effect, addressed to the care of A. Renton, 210, Piceadilly, will be immediately attended to
"P.S. Whatever further exposal, for my justification, this unfortunate affair (about the sudden and mysterious death of poor Lady Mary Hill) may incur, the Marquis of Downshire will have no just complaint of having been taken by surprise."
No. 2.—"Second Edition, ready to be published, A Faux-pas in the Marquis of Downshire's family, wherein every lady in the kingdom is asked, whether such unfeeling, cowardly thieves as are the Marquis of Downshire and his brothers, Baron Sandys, Lords Marcus Hill and George Hill, should not be excluded from all honest society? By J. Reitterhoffer—Printed by J. Reitterhoffer, 4, King's-road, Chelsea."
THE EARL OF HILLSBOROUGH . I am the eldest son of the Marquis of Downshire. In April last I was residing at East Hampstead Park, Berks—this letter (No. 3) and the papers appended to it, came to me there by post from London—(read.)
Addressed "To the Earl of Hillsborough, Marquis of Downshire's, (Hanover-square"—erased) "East Hampstead Park, Bracknell, Berks."
" 19, Titchborne-street, Golden-squire.
"My Lord—It was not until yesterday that I knew, beyond all doubt, that the person who called at No. 4, Agar-street, Strand, upon two occasions, and branded me as a liar and a coward, threatening to horse whip me, and break all the bones in my body, was your lordship, under the assumed name of that despicable fellow, Lord Marcus Hill. Without further alluding to the generous and honourable feeling such conduct denotes, I will at once acknowledge that, compared to the conduct pursued towards me by yonr father and uncles, it is meritorious in the extreme;—for you only seek to exterminate me by a sudden and positive death, and not to torture and rack me by cruelties unparalleled in the history of aristocratic villanies. In order to show your lordship that your threats cannot intimidate me, whatever effect they may have bad upon the weak parties whose agencies I had employed to dispose of my pamphlets, I beg to inform your lordship that I shall shortly open a shop, where I sahll in person superintend the sale of my pamphlets; when the spot is decided upon, your lordship shall have the earliest intimation of it; when the world shall see who has the most courage—your lordship in attempting to carry your threats into execution, or I in resisting them. But should your lordship-thirst for immediate revenge, your wishes can be gratified. If your lordship will send a line to the above address, appointing a place and hour where and when, I shall be happy to attend your lordship's commands. The enclosed handbills will convey to your lordship something of my intention, the completion of which has only been delayed by the difficulty I have experienced in finding an eligible public situation for vending the pamphlets. In conclusion, I reiterate what, upon every occasion I have alluded to in my communication with your father, viz. that I seek but for justice; and until I have it I will pursue every legal means within the compass of my ability to attain it.
"April 13th, 1838. "J. REITTERHOFFER."
"First Edition, now ready for sale—A Sketch in High Life, detailing an unparalleled cowardly robbery, committed by the Marquis of Downshire's family, not only of property and a valuable documentary paper, but of the character of the humble individual, the husband of their deceased sister, the Lady Mary Hill. By J. Reitterhoffer, late steward to
the former Marchioness of Downshire.—Printed by J. Reitterhoffer, 4, king's-road."—The other placard was a copy of No, 2 stated in page 434.
MR. BODKIN. Q. Did any such transaction take place as your lordship's making a visit under an assumed name in Agar-street? A. Never—I do Dot know where Agar-street is—my father lives in Hanover-square—my uncle, Lord Marcus Hill, lives in Eaton-place, Belgrave-square, and my uncle, Lord Sandys, lives at the corner of Curzon-street—he has been in the army, and is well known at the Horse Guards.
THOMAS PHILBROW MILLER . About eighteen months ago I went into the service of the defendant Teuten—he is a printer—I remember his going to live at No. 59, Union-street, Borough—before that, he lived in Drury-lane—I know the defendant Reitterhoffer—I first saw him at Mr. Teuton's printing-office in Drury-lane—I know this large placards—(looking at it)—that was printed at Teuten's office, 59, Union-street, Borough—Reitterhoffer is not a printer—his name is to this as the printer of it—these two a placards were also printed at 59, Union-street—(one of these was headed "Sketch High Life," &c., and the other, a smaller edition of the same.)—Reitterhoffer was present when both those placards were printed—he brought a copy in the first instance, and when he first brought it, Teuten objected to print it—Reitterhoffer then altered it to its present form—it was then printed by Teuten's workmen—I do not recollect what the alteration was—at the latter end of May this year, Teuten and myself were, walking together—asked me if I could get him some men to carry boards—I told him I could, and I got him four—he asked me to get him six—I heard Teuton, tell the men they were to exhibit the placards in Belgrave-square, to and from the Horse Guards, Hanover-square, and in Regent-street, and May Fair—Teuten appointed the men to meet at his house on the Monday morning, to meet Reitterhoffer—Teuten afterwards told me that Reitterhoffer had met the men at ten o'clock in the morning—he told me they were to be paid half-a-crown a day each—Reitterhoffer was to advance the money to Teuten to pay them—the defendant Bryan was one of the men—he was taken into custody the first day he went out—Teuten told me that Reitterhoffer watched the board men—he said Reitterhoffer was in Hanover-square watching them—Teuten told me the man was taken into custody on account of carrying the board, and that the board was to be detained at the office, and they were to apply by counsel to the Magistrate to get the board—Teuten told me so—there was general conversation in Teuten's office amongst the men about the placards—in Teuten's presence and in his absence—he was present at times—Teuten told me that Reitterhoffer expected 5000l. by these placards, the property that the Marquis of Downshire robbed him of by a will—I have frequently seen Teuten and Reitterhoffer together—I have heard Reitterhoffer say he expected the 5000l. and he would not let the family rest until he obtained it—I am sure I heard Reitterhoffer say that—I have heard him say it several times—Teuten was present when I have heard him say so—I will swear that—he was present several times when Reitterhoffer said that—it was the general conversation—several other persons were present in the office—the workmen—it was the common talk among them—I remember hearing that the boards were taken and broken—after that I heard Reitterhoffer say he felt quite indignant at the boards being broken, and said the Downshire family were a set of d—d thieves, and he would not mind pistolling of them.
Q. Had the men any thing given them to drink? A. Every time Reitterhoffer came to the office he gave them spirits and ale—I hare seen him and Teuten go to a public-house together—Reitterhoffer is a stout broad. chested man, with a frock coat, and having the appearance of a foreigner—he was dressed very genteely—there did not appear any want of money about him—I know two of the defendants in the dock, Fagnoit and Bryas—I have known Fagnoit about two years—he lived when I first knew him at 167, High Holborn—he then went by the name of John Ward—I knew him living at two or three places—I knew him in Agar-street, Strand—I have known him go by the name of George Franklin—he is intimately acquainted with Teuten—Teuten has gone by the name of Jones—I have known him go by that name since he has been in Union-street—Fagnoit knew him by the name of Jones—he has called him Jones in my presence, and be has also called him by the name of Teuten in my presence—Teuten has been in trouble, and that was the cause of it—I have frequently seen Fagnoit write—I have corrected his copies—this letter—(No. 4, addressed to Lord Downshire from Tothil-fields Prison) is in Fagnoit's hand-writing—I have frequently been in the habit of going from Teuten's in Union-street to Fagnoit's in Agar-street—he had one placard in the window, of this description—the "Faux-pas"—that was about the commencement of March this year.
Fagnoit. Q. Do you know a widow, I may term her, in Holborn A. No—I did not obtain 15l. or 16l. worth of paper from her under the name of Clark—I was in the employ of a person named Clark, and got by virtue of my employment—I purchased paper in Holborn to the amount of 15l. or 16l.
Q. On your oath, was there such a person as Clark in existence as you represented, living at Brixton? A. Decidedly, a friend of your own—I did not receive half the profits arising out of the shop in Agar-street—I never employed three or four boys for the purpose of serving in the shop—I knew a person named William Harland very well—he was transported by Teuten two Sessions ago for stealing type—William Harland had a bag which was full of type—Mr. Teuten took that bag away from this Court full of type, and after that he was always in the habit of carrying that bag about with him when he was going to customers—he always had it—he was never without it—the sale of the pamphlet, entitled "The Downshire Family," was discontinued in Agar-street about the beginning of April last.
JOSEPH WRIGHT (police-constable B 137.) On the 28th of May last I took the defendant Bryan into custody in Belgrave-square, carrying this board, with these placards on it, headed "A Sketch," and "A Faux-pas"—I asked him where he got it—he could not tell me who employed him—he could not make me any answer; but he gave me a little paper, and said his employer gave him that—this is it—(ready)—"No. 9, Eston-place, Belgrave-square, one man."
JOSEPH WEIGHT'S examination continued. Q. Did he tell you what the person told him to do who gave him the paper? A. He was to go and walk about that door, and in Belgrave-square, and in that vicinity, with that board—I took him to the station-house, and then to the police-office in Queen square—he was ordered to find bail at first, but Lord Ingestrie interfered for him, and he was afterwards discharged—the board was detained—he was cautioned never to do the like again, and be said he would not.
THOMAS PHILBROW MILLER re-examined. I have frequently seen Teuten write—I believe this—(a notice of trial)—to be Teuten's qriting—this paper, "No. 9, Eaton-place, Belgrave-square, one man," is Teuten's writing—I have frequently seen him write, and have, received letters from him.
(The placards, before stated, were here again read: also the following letter.)
"Tothill-fields Prison, Tuesday evening.
No.—My Lord,—I take the liberty of writing to inform you that I was taken into custody by your lordship's direction, or by some one of your noble family, and held to bail by Mr. Dyer, of Marlborough-strect, on Monday, till the Session, for a riot, which I assure your lordship was not the case; which will not take place till the 29th of this month. I was accused by one of your noble family, at the office, of being concerned in the atrocious libel one your noble family, which I am sorry to say that I have been the dupe of Reitterhoffer and his gang too long. If your lordship would consent to ray discharge from Tothill-fields, (as I have a wife and one child depending entirely upon support from me,) I would be the means of suppressing the libel immediately. My lord, he has further got second and third editions immediately coming out, with several additional letters by the Lady Mary Hill and himself, and the correspondence between him and your lordship's family regarding the marriage and your approval of the same: Now, my lord, all I want is to get an honest and upright living; if you lordship will consent to the above, I will give you every, information which Will destroy his vile works. My lord, it lies in my power to apprehend him at any time, and also the printer of the work in A few hours; and I will willingly appear as a witness against them. My lord, if you comply with the above, which I trust you will, and forward my discharge with noble lordship's secretary, or solicitor, I will enter more fully on the subject, which will be entirely for your lordship's satisfaction.
"I remain, your lordship's humble servant,
"I trust the above letter will not be made use of in the public prints. if your lordship could tend by Wednesday, it would be one of the most humane acts your lordship has done. W. N. F."
Addressed to the Marquis of Downshire.
WILLIAM CLEAVER (police-Sergeant A 3.) On the 30th of May I saw the prisoner Bryan with one Clark in the neighbourhood of Hanover-square—each had a placard on a board, similar to the large one which has been produced—I found these papers on Clark when I took him into custody, and handed them to the solicitor's clerk—they were both held to bail, but Clark was discharged last Sessions.
HENRY GLOVER . (police-constable A 106.) On the 30th of May, from directions I received from Cleaves, I took Bryan into custody, carrying the board produced, with placards on it—it was pitched on the pavement and he was holding it—a gentleman was there with Cleaver, who broke the board, and Bryan said that gentleman would have to pay dear fer destroying his board—I afterwards took him to Marlborough-street, and learnt that he had been in custody only two days before for the same offence, at queen-square—he said he had a board detained at Queensquare,
and said there were two more men employed in carrying boards and placards that same day (meaning the 30th) in Belgrave-square.
SAMUEL GOODCHILD (police-constable A 36.) I was on duty in Hanover square on the 10th of June, about one o'clock in the morning, attending at the concerts—I saw the defendant Daly there, carrying a board on his shoulder, with a placard similar to this produced—he was walking to and fro opposite the Marquis of Downshire's house—there were two of them—he came all round the square, by the houses, and was delivering small bills out as well—there were a great number of persons assembled at the concert on that occasion—I dare say nearly eight hundred—a gentleman came across, and wished me to take him into custody—I did so, and said, "Who employed you?"—he said, "I don't know"—he did not know their names, nor where they lived—he said they were in the neighbourhood, and described their persons—I saw two men coming up George-street, and he directed my attention to them—they turned out to be the defendants Fagnoit and Teuten—I kept Daly behind me, that they should not see him—when I was about thirty yards from them they could see me, accompanied by Daly, and they took to their heels, and ran down Brook-street—at the corner of Bond-street I found they began to separate, and I hallooed out, "Stop them"—they turned short round when they found people going to stop them, and Teuten turned round, and said, "What do you want with me? you hare no business with me, and I will make you pay for it"—I said, "Nevermind, you will go with me"—there were nearly three hundred people round, and they tried to rescue him from us—I took all three of them to Marl borough-street, with assistance—when we got there Teuten gave the name of Jones, I think—I cannot say what name Fagnoit gave, but the Magistrate said he had been in custody before—he denied it at first, but afterwards the Magistrate told him it was for publishing-obsence prints, and he did not deny it then—I found a bag on Fagnoit, containing paste and bills—these are the bills—(these were smaller edition of, the large placard)—Daly said they went to their lodging in the morning and told them they would give them 1s. for half a day, and 2s. for the whole day, and they would meet them at the corner of George-street, to see whether they should want them any longer, but most likely they should want them the whole week, until Saturday—Fagnoit and Teuten owned that they had hired the men, Daly and another, and put them in the street with the boards.
Q. Was anybody else mentioned as having employed them? A. He did mention some one—whether it was Reitterhoffer or who, I do not know—on the 20th of June, after all this had passed, I was on duty at the same place, the Hanover-square concert-rooms, and between two and three o'clock a man named John Smith, who is also indicted, came up, and began talking to me about the men being taken into custody, and if I did not take them—I said I did—he said, "If you will make a bit of a flaw in the indictment, or won't attend, I will give you a score or two pounds"—he said "There is plenty of money flying," and they wanted me to make a flaw in the indictment, as I was the principal one, so that they might keep on about a twelvemonth—I was coming down here next day to go before the Grand Jury, and he wanted to know when he should meet me—I told him to meet me on the Friday, because I did not know whether I was justified in taking him into custody, and I thought I would see the solicitor or same of the family, to know whether I was justified in taking him—about half-past
six o'clock, the same evening, I went to the Marquis's house, and saw the house steward—on the following day I went before the Grand Jury—I was on duty at the rooms on Friday, bnt nobody came to me—I have been looking for him ever since—the bill had been found the day before.
Daly. I pointed out the two men who employed me, and you ran after them, sod I ran after you. Witness. Yes, he did, and assisted in detaining them.
Pagnoit. Q. While Teuten was in the office, at Marlborough-street, did not he ask for some private papers out of the bag? A. That I do not recollect—the clerk said all he should detain was the bills—there were papers in the bag directed to MR. Teuten, No. 59, Union-street, Borough.
COURT. Q. Have you them here? A. No—the bag was ordered to be given up, and it was given up to Wilks, the officer of Marlborougb-street.
EDWIN DUNCAN WILKS . I am a constable. I was at Marlborongh-street office when this matter was inquired into, and when some papers were found in the bag—I believe, after selecting the printed bills referring to this matter, the papers were returned to the party—they were returned to Fagnoit or Teuten, I cannot say which—I was present when Teuten gave name as John Jones—he did not say where he lived—I afterwards heard him give the name of Teuten when bail was offered for him, and accepted, the question was asked, before Mr. Dyer, whether his names was Jones or not, and it then came out that his right name was Teuten.
CHARLES RICKETTS . I own the house No. 4, Agar-street. The defendant Fagnoit applied to me about taking the shop, I think, on the 3rd of Match—it was the commencement of March—he gave me a reference to some person in Shoe-lane, and to Mr. Teuten, Union-street, Borough—I called there and saw Mr. Teuten, some men and boys—he gave me information as to Fagnoit, which I thought at the time satisfactory—I inquired of him as to Fagnoit's respectability, and asked if there was any probability he wanted my shop for obscene prints, or any thing of that kind—he said no; that he thought he wanted to publish some respectable works, and that he had taken money from him, for works he had printed before, to the amount of 40l. or 50l. and he thought I should have no difficulty in getting my money, and that he was a respectable man—I then let Fagnoit the shop—I reside next door myself—a few days afterwards I saw this placard, "A faux-pas," in the window—I went immediately I saw it, and saw him—I complained respecting the placard, and told him I considered I had been taken in—he said it should be discontinued as soon as possible; there was some other work he was about bringing out, and that should be discontinued—hesaid the work did not contain any obscene language—he told me it was concerning some transaction with the Downshire family, by Reitterhoffer—I told him I considered it a scandalous publication—I mean the placard—he said they were willing to abide the result of it, and, in fact, they wished to have a prosecution against them—I was not satisfied, and gave Fagnoit notice to quit my premises at the earliest opportunity—he went before his time—I only had him as a monthly tenant—he talked about following it up by other works, and mentioned the Secret History of the Court of England—he said it was a publication that would take well, and he wanted to continue the sale of the work—he did not pay the month's rent because I had given him notice to quit—he said' he had gone to the expense of advertising
that work—the defendant Teuten afterwards called upon me, and wanted to take the shop—I did not let it to him—I gave him as a reason that I had somebody else about it—he called several times, still seeing the bill in the window of the shop to let.
Q. Did he tell you who he wanted the shop for? A. At the last is terview I understood him to say he was applying for Reitterhoffer—he mentioned him, but very slightly—he mentioned the name, and I under stood be wanted it for him; and as an inducement for me to let it, he offered to pay a month's rent in advance, and afterwards two months', or the whole twelvemonth—I think he told me who Reitterhoffer was—he said he had been in the service of the Downshire family, and had written this work, "The Faux-pas of the Downshire Family"—he did not tell me how long he had known Reitterhoffer, or why he interested himself about him—he did not say he was a friend of his—he applied several times about taking the shop, and said he applied for a friend—he afterwards named that friend as Reitterhoffer—I think I have seen Reitterhoffer—it is some years since.
Fagnoit. Q. Did you perceive the pamphlets in the window after the 31st of March? A. I think not.
COURT. Q. Had you the curiosity to open any of the small pamphlets? A. No.
JOHN KIRKMAN (police-constable F 107.) I have known Fagnoit six or seven months, or it may be eight months—I know the shop No. 4, Agar-street, Strand—I do not know who kept it, but I have seen Fagnoit in it—I saw another stout man behind the counter—I know Teuten very well—I have seen him at the shop—the stout man was neither of them—I had some conversation with Fagnoit at the shop in March last—I think he mentioned about the secret history of the Court of England, and said, the Queen's Attorney-General would take up the case, and prosecute the whole of the party, but he had nothing to do with it; but there was another think coming out respecting the Downshire family, and asked me if I knew a person named Reitterhoffer—I said I did not—he said, "You certainly must know him, he is a noted gambler"—I said I had heard of such person—he said, the Marquis of Downshire's being a very respectable family no doubt would settle the affair respecting the pamphlet that was coming out—he said the parties expected a very large sum of money.
COURT. Q. HOW came this conversation to arise? A. I went in to purchase one of the pamphlets respecting the records of the Court of England, and he followed me out of the shop, and this conversation arose—I purchased the first number of the pamphlet for 3d.—I had been employed by the Society for the Suppression of Vice, and bad acquird information from this man—that was the way I became acquainted with him—(looking at a bill)—I do not recollect noticing that bill, but I recollect seeing a book in the window entitled "The Faux-pas."
(A notice, given by Teuten, of hit intention to surrender and take his trial at the present Session, was here read.)
Fagnoit's Defence. About March, 1856 or 1837, I was applied to by the defendant Teuten, to know whether I would publish work he was about to print—that work I acknowledge I was the publisher of—it was entitled "The Downshire Family"—I have several copies it—it was my intention to produce them at the trial, but they are not here—I believe it was about the month of
April or May in the same year, that I was introduced to the defendant Reitterhoffer—I made arrangements with him to publish the work, and received twelve dozen of the "Downshire," and publicly exposed them in the window of my shop, in Holborn—I attached to them the name of Franklin, as I did to several other works—my motive was, on account of being greatly in debt, and I did not wish to be harassed for money which it was out of my power to pay—previous to that period I printed by the name of Ward, and as soon as my proper name was found out, I was obliged to go by the name of Franklin—I now go by my proper name—about July or August I was indicted by the Society for the Suppression of Vice, on smost scandalous and unfounded charge, and so convinced were they of its being unfounded, that they abandoned the prosecution against me—I gave up my shop at that period, and removed to my preaent resedence, No. 19, New-street-square, where I have been residing ever since—the next shop I took was of Mr. Ricketts, No. 4, Agar-street, Strand, where I assumed the trade of bookseller for about a fortnight, in conjunction with Miller, one of the witnesses here to-day, who received half the profits of that establishment; and from that period up to last May, I had nothing at all to do with Reitterhoffer, Teuten, or any other person, directly or indirectly, or with any works brought forward against the Down—shire family, nor have I seen Reitterhoffer or Teuten but once or twice, nor was I ever there when these bills were printed—on the day in question, the 11th of March, I was called on by Teuten, who asked if I could get aim two men—I replied I did not kpow—he said, "As you are poor, and much in want of a shilling, you may as well earn it as any one else"—I went out and got two board-men—he went into a public-house to have some beer, got some paste, and pasted the bills on the board himself—he gave me the bag to hold—when apprehended I was in company with Teuton, and that was the way the bag came into my possession—in fact I received 1s. along with Daly, who is here, and the other man, at the same time—with respect to the letter I sent, I considered I was in duty bound (although a great many remarks have been made about it) to send the letter on account of what Mr. Dyer, the Magistrate, alluded to—it was quite unknown to me that any thing of the kind was being carried on between Reitterhoffer and Teuten, but when I understood there was another work coming out, I sent for the Marquis of Downshire's solicitor—or anybody, to come to me at Tothill-fields-prison—a Mr. Thompson, I believe, came—he asked me how I could suppress it—I said by his assistance in apprehending Reitterhoffer, and that is all.
Daly's Defence. This gentleman, Mr. Teuten, employed me, and gave me 1s. to take the board out from about one o'clock till five, and told me to go about George-street and Hanover-square, and that direction; and when I came round towards George-street, a gentleman came up to me, and asked me for the board—I told him, if he would give me his name and address I would give it to him—I was paid for carrying it—he said he wanted the board, and he took from me—I said, if I was doing wrong I was sorry—I did not want to go away, and I stopped till the policeman came—the policeman asked me who employed me—I could not tell the names—"Would you know the men who employed you?" says he—I said "Yes," and I saw them standing at the corner of George-street—I described their dress to him—he said, "Are those them?"—I said, "I think they are; go nearer, and I shall know better"—we walked towards them, and they ran away, and we after them
—the policeman ran before me, and I after him, and walked on before him to the station-house—I was not aware of any thing wrong.
Bryan's Defence. I have not any thing to say, only I was taken in Belgrave-square the first time, and the gentleman who employed me Mr. Teuten, asked me, "Would you know the gentleman who gave yon in charge?"—I said, "Yes, if I saw him again"—he said there was 25l. reward offered in the papers to find out the gentleman who gave me in charge, and next day he said there was a different bill on the board—I can prove I cannot read or write, and did not understand what was on the bill on the board.
Fagnoit to T. P. MILLER. Q. Did I not refuse to have any thing to do with Mr. Reitterhoffer or Teuten, after I left Agar-street, or any of the publications about the Downshire family? A. I understood you so.
SAMUEL GOODCHILD re-examined. Q. When you apprehended Daly, did he say he did not know the contents of the placard? A. No—I asked him if he could read or write—he said he could read, but the least is the world.
Daly, The moment I was told I was doing wrong I gave up the board, and told the officer who the men were the very instant.
Bryan. There are many persons who have known me for years; and if any one can say I can read or write I will consent to be hanged.
Fagnoit. It is well known to Mr. Thompson, who sits there, the distress I was in at the time—it is not likely, if I was not in distress, I should go to earn 1s.—I acknowledge having published the work—I published it as any other work, in the way of business, not knowing there was any harm in it.
FAGNOIT— GUILTY . Aged 24.— Confined Fifteen Months.
BRYAN— GUILTY . Aged 40.— Confined Six Months. DALY— NOT GUILTY .
Third Jury, before Mr. Recorder.
WILLIAM KENDRICK . I live in Charlotte-street, Portland-place. On the 30th of June I was walking in High-street, St. Giles's, and felt a tug at mypocket—I turned round sharply, and saw the prisoner close behind me—he had got my pocket-handkerchief in his hand, and was in the act of turning from me, and offering my handkerchief to another man—I said "You have picked my pocket"—he threw my handkerchief down, and ran away—I took it up—the policeman pursued him, and brought him back to me—I am quite sure he is the man—this is my handkerchief—(looking at it.)
Prisoner. I saw a young man chuck it down, and I took it up—he said "Chuck it down" and I did so—I saw others running, and I ran. Witness. He had not time to pick it up—I saw it in the act of coming from my pocket, and he was within arm's length of me—the person he offered it to saw me, and would not take it.
WILLIAM PARSONS (police-constable Fill.) I was on duty in High street, and saw the prosecutor turn sharp round, and directly saw the prisoner throw down the handkerchief, and run across the road—I pursned
him through the Rookery and several streets, and secured him in Bainbridge-street, just entering a house—I am confident he is the person.
prisoner. I ran after the man, and asked him what he was running for.
(The prisoner received a good character.)
GUILTY . Aged 22.— Confined Six Months.
NEW COURT.—Tuesday, July 10, 1838.
Fifth Jury, before Mr. Common Sergeant.
GEORGE SPELLER . I am shopman to Charles Walter, a pawnbroker, in High-street, Mary-le-bone. On the 26th of June, I saw the prisoner in our shop—her conduct excited my attention—I searched her and found tains pair of shoes hid in her apron under her cloak—they were my master's, and I had seen them half-an-hour before—I asked her before I searched her what she had picked up, a handkerchief or what, and she said she had picked up nothing.
Prisoner. Did I not take these shoes out and go to pawn them at another place, and then you followed me and accused me of taking a handkerchief—these shoes are mine—they had been in my possession at twelve o'clock that day. Witness. I am certain they were ours, and we had not aid them.
Prisoner's Defence, I was going to pledge these shoes—I asked 2s.—they offered 1s.—I left the shop to try to get what I wanted at another shop—the prosecutor searched me, he took them from me, and told me to go about my business—but knowing they belonged to me, I followed him to the shop and demanded them—he marked them and gave me in charge.
GUILTY . Aged 39.— Transported for Seven Years.
ELIZABETH WARRY . In the middle of July last year, the prisoner Shepherd came to my house to borrow a truck by the hour—he said ais name was Smithers, and he lived in the Strand, and was a cleaner and dyer—that his cart was under repair and he wanted a truck—he said he kept a porter and would send him for the truck—in about an hour Kelly came—he called himself his porter—he brought a note signed Richard Smithers, 364, Strand—(read)—"To Mrs. Warry, No. 2, Dean-street.—Please let the bearer have a truck which I named to you." I am, &c.
"364, Strand. "RICHABD SMITHERS."
Witness. My son gave the truck to Kelly in my presence—Shepherd was to have it at so much an hour—he said he should want it about six hours a day, while his cart was under repair—I did not see it again, nor the
prisoners, until the 13th of last month—it is the property of Robert Warry, my husband.
WILLIAM GAGER . I am servant to Mr. Jacks. In July last year, the prisoner Kelly brought the truck to my master's door, and be bought it of him. On the 13th of June I was going up Fleet-street with the same truck, and a young man got out of a cart and said it was his father's.
WILLIAM HUMMERSTONE (police-constable C 65.) From information I took Kelly, he said that he fetched the truck from Warry's by the direction of a man of the name of Shepherd, and sold it to Mr. Jack, of Wapping.
Kelly. I was employed to do it—I did not know it was wrong—I did not know that it was the same truck that I sold—it was broken up.
KELLY— GUILTY . Aged 54.— Transported for Seven Years.
SHEPHERD— NOT GUILTY
STEPHEN CORCELLIS MARSH . I live in Fleet-street. At half-past eleven o'clock at night, on the 22nd of June, I was walking with my wife near St. Bride's church—I felt a twitch—I turned and saw the prisoner—I said, "You have taken my handkerchief"—he said, "You may search me, I have not got it"—I said, "I have no occasion to search you, I saw you throw it down that area"—I had said to my wife, "That is the boy," which he heard, and then he dropped it down the area—I gave him to the officer—he was close to me, and stood against the house, and dropped if.
Prisoner, I know nothing about it.
GUILTY † Aged 16.— Confined Six Months.
HENRY WAKEFIELD . I am a tailor and hair-dresser, and live in Anchor and Hope-alley. On the 26th of June, the prisoner came to see my shopboy, and they went out together—they came home, and the prisoner went away alone—soon afterwards I missed this waistcoat and this piece of silk, which I had seen safe about half an hour before he went away the second time.
Cross-examined by MR. DOANE. Q. HOW long were they absent? A. About three hours—I have discharged my young man—his name was Richard Young.
Cross-examined. Q. You have known him some time? A. Yes, he is a respectable man.
HENRY POUND . I live in Leadenhall-street. As I was coming home about one o'clock in the afternoon of Saturday, the 7th of July, I met the prisoner with this box under his arm, about thirty yards from my shop—I thought it was mine—I asked him where he brought it from—he wished to know what business I had to stop him—I took him and the box—I had been out half an hour—he resisted very much, and was rather insolent—I have one partner.
Prisoner. I was in Leadenhall-street—a man said, "Will you carry this box for me, I will give you a pot of beer?"
GUILTY.* Aged 26.—Recommended to mercy ,— Confined Six Months.
CHARLES DIMOND . I am a cheesemonger, and live in Carnaby-street, St. James's. On the 3rd of July, I received information, went out, and fraud the; prisoner about five doors from my shop, on the opposite side, and found this half of a ham in his apron—I had cut it in two about five minutes before, and placed it in the window.
Prisoner. A boy came running down the street, and gave me the ham.
GUILTY . Aged 13.— Confined Three Days, and Whipped.
JOHN BROOKS (police-constable T 164.) Between one and half-past one o'clock in the morning, on the 7th of July, I saw the prisoner opposite the Park, in Clarendon-street—he had a carcase of mutton on his shoulder—I asked him what he had got—he said the man who was with him in conversation was a police-constable in private clothes, and I had no business to interfere—I said he must go with me—he said he was travelling with a drove of sheep from Aylesbury, and if one was taken ill he had authority to kill it—I took him to the station-house—I made inquiry, and found the prosecutor—I found on the prisoner this steel buckled round his waist, which belonged to another man on the prosecutor's premises in Elm-street.
JOHN BOODLE . I am foreman to Mr. William Gibling, of Bond-street. The prisoner was at work on that Friday at my master's slaughter-house—I missed a sheep on the Saturday morning—I am certain the one found on the prisoner was the one I missed—it is not here—it woula not keep—this steel belongs to another man on our premises.
Prisoner, I had been employed there some days, and had not received much for xny work, and so I took it.
GUILTY . Aged 35.— Confined Six Month.
THOMAS TURTON . I am a discharged soldier of the 45th regiment. I was in a tap-room of a public-house at Finchley, on the 29th of June—the prisoner came in after I was there—I fell asleep—I had a purse—I do not know what was in it, but I think from 15s. to 18s.—when I awoke it was gone—this is my purse—(looking at it)—and the one I missed.
Prisoner, I had not been near him—I was in the room.
JOSEPH HOWARD . I was at this public-house—I saw the prosecutor and the prisoner there—the prosecutor fell asleep—after that I saw the prisoner unbuckle his knapsack, and put his hand into the prosecutor's pocket, and then put it into his own pocket—I could not tell what was in his hand—the prisoner then said, "Good day, I must go, and thank you for me"—they had been treating him, I believe—he then went away—the prosecutor was then awoke up, and said he had lost his purse and money.
JAMES FIELD . I live on Barnet-common. I overtook the prisoner, and ordered him to stop—he said, "If I must, I will sit down on this heap of stones"—he then pulled out this purse, and put it in the heap of stones, and covered it over.
Prisoner. You came and sat on one side of me, and if any one put the purse there it was yourself—I never saw the purse. Witness. I had not been in the public-house—I had not the purse at all—you put it there, and it contained the money stated.
COURT to JOSEPH HOWARD. Q. Was Field in the public-house? A. No, he was not.
GUILTY . Aged 52.— Confined One Year.
WILLIAM BLACKMORE NOBLE . I live in the parish of St. Andrew, Holborn, and keep a dairy farm. I am in partnership with John Mead, of Peckham Rye—he does not interfere in the business at all—Martin, my clerk, receives money for me—the prisoner received money for me—he has not accounted to me for 1s. 2d. nor for 7s. 1d.
JAMES MARTIN . I am clerk to the prosecutor. The pristjner was in to service, and used to receive money for him—I made out these two bills—(looking at them)—the prisoner never brought me the money for them—he ought to have brought it on the day he received it—the words "Paid" on these bills are the prisoner's writing.
Prisoner. I did not do it with the intention of defrauding him, it was all through having a drop too much to drink—I denied the charge at the time, but I did not mean to keep the money longer than Saturday, when I got my wages.
GUILTY . Aged 20.— Confined Six Months.
GUILTY . Aged 42.— Confined Three Months.
JOHN DENNINGTON . I live in Richmond-street On Monday, the 25th of June, between seven and eight o'clock in the evening, I saw the prisoner take this night-shift from the prosecutor's premises—I lost sight of her for a minute or two, but I am sure she is the person.
Prisoner. I have no recollection of it—I had been out, and had a little to drink.
GUILTY. Aged 30.—Recommended to mercy by the Prosecutor.
Confined Six Mouths.
ELEAZER BOOT . I live in Great George-street, Westminster. On Saturday, the 30th of June, I was in Hyde-park—I felt something—I turned, and saw my handkerchief in the officer's hand—this is my handkerchief—(looking at it.)
RICHARD BRADSHAW (police-constable D 102.) At a quarter past one o'clock, on the 30th of June, I was in Hyde-park, opposite Clark's booth—I saw the two prisoners together—Lindsey got behind M'Henry, pushed him forward, and M'Henry took this handkerchief from the prosecutor's pocket, put it into his bosom, and ran off.
EDWIN BAXTER (police-constable D 115.) I was in the Park. I saw the two prisoners behind the prosecutor, they were talking together—I saw M'Henry attempt to take the handkerchief from the prosecutor's pocket—he brought it out a little way and turned away—then Lindsey took him by the arm and put him up to the prosecutor again, and then he took out the handkerchief—they ran in different directions, and we took them.
Lindsey's Defence. I never saw this boy before in my life.
M'HENRY†— GUILTY . Aged 14.— Transported for Ten Years.
LINDSEY— GUILTY . Aged 15.— Confined Three Months.
1675. ROSE HUGHES was indicted for stealing, on the 3rd of July, at St. Luke, 13 sovereigns, the monies of George William Stephens, in the dwelling-house of Walter Clarke; and that she had been before convicted of felony.
GEORGE WILLIAM STEPHENS . I live in New-court, Brick-lane, in the dwelling-house of Mr. Walter Clarke, and in the parish of St. Luke. On Monday night, the 2nd of July, the prisoner called at the huose to see a lodger, and she remained there all night—the next morning, about eight o'clock, I was sitting in the kitchen, reading the paper, and heard some one locking my box, which was up in my bed-room, and contained a pocket-book, which had thirty or thirty-one sovereigns in it—I went up stairs immediately after, and found the box locked, as I had left it—soon after I went to it again, and opened it with the key, which I got from my wife, and twelve or thirteen sovereigns were gone from the pocket book—only a few minutes had elapsed between my hearing the box locked and my missing the sovereigns—no one was in the house but me and the prisoner—she had not gone) Away—when I missed the sovereigns I went to the prisoner, and she denied it—I got the officer.
JUDITH STEPHENS . I am the prosecutor's wife. The prisoner was in the habit of coming to see my brother—I saw her there on the night of the Coronation, when my husband was out to see the illumination—I said I hoped my husband had not taken out his money, as he would lose it—the prisoner said she had a key that would perhaps open his box—she lent it to me—I tried it, and it opened the box, and the money was all right—on the 3rd of July I was out, and when I came home, my husband asked me to give him the key of the box—he opened it and missed the money—he went for an officer, leaving the prisoner with me—while he was gone the prisoner went up stairs, and then I went up to her—she said she had the money, and had hid it in the bed—she gave me nine sovereigns from the bed and two from the ground—she said, "Don't tell my brother, and don't expose me."
Prisoner's Defence, I took the money, but Mrs. Clarke told me to take it and put it in the bed. Witness. When I took her she did not name that, but she did on the following Thursday.
GUILTY : Aged 19.— Transported for Ten Years.
SUSAN GARNHAM . I am the wife of Robert Garnham. He keeps the Cadogan Arms, King's-road, Chelsea—the prisoner lived with us—on Monday night, the 25th of June, he came to me for change for a£5 note—I gave him four sovereigns, four half-crowns, three shillings and fourteen sixpences—he said it was for Mrs. Holden—I gave it him under the expectation that she would send the note in return—the prisoner did not return—he had given us no notice.
GUILTY . Aged 25.— Confined Six Months.
GUILTY. Recommended to mercy.— Confined Six Months.
PHINEAS DAVIS . I live in Red Lion-square. The prisoner was my cook—on the 1st of June we gave her notice to leave—in consequence of suspicion, before she left, we had an offieer, and searched her boxes in the hall—we found a cambric handkerchief at that time, and a comb afterwards, which I believe are mine.
THOMAS FULLER (police-sergeant E 12.) I was sent for and searched the prisoner's box—I found tie handkerchief then, and in searching the same box further, I found this comb—the mark of the handkerchief has been picked out.
Prisoner. I can swear the handkerchief is mine—the comb I know nothing of.
MISS. DAVIS. I can swear it is mine—I have the fellow handkerchief to it.
GUILTY . Aged 29.— Confined Six Months.
ALFRED DAVIS LATHAM . I live with my father and mother. On the 30th of June my father sent me to his club, and I got two half-crowns—on my way home I met the prisoner, who is my brother—he asked me to let him look at the money—I let him look at it, and he said, "Here is father," and he ran away—my father was not there—my father and him did not quarrelled.
BENJAMIN GAHAN (police-constable F 136.) I was on duty in Berners-street—I saw the prisoner come running round the corner—there was a cry of "Stop thief"—I took the prisoner—the two half-crowns were found on him, and handed to me.
GUILTY .* Aged 17.— Transported for Ten Years.
JOHN BAILEY . I live in Tothill-street, Grays'-inn-lane, and am a coach-smith—the prisoner worked in our shop for one week before the 1st of July—he slept in the same room with me. On the morning of the 1st of July he got up at four o'clock, and at seven I missed my coat and the other things stated—this is ray coat—(looking at it.)
SARAH PINAMORE . I saw the prisoner in the evening of the 1s. of July, near the King's-cross, quite tipsy—he had this coat of the prosecutor's on his back, and his own jacket was tied up in a handkerchief, which he had.
Prisoner. I took the coat by mistake when I was intoxicated—I meant to bring it back at night.
GUILTY . Aged 30.— Confined Three Months.
LYDIA WALLER . I am the wife of John Waller, of Bowling-steet, Clerkenwell. I had the prisoner to wash for me on the 25th of June—I had eight shillings, nine sixpences, and the other money stated in my box, and the next day I found the money was gone—I am sure I lost as much as is stated, and I believe more—no stranger had been in my house but the prisoner—my husband and the policeman went and brought the prisoner to me—I said to her, "Well, old lady, what game do you call this! you have broken open my box and taken away my farthings"—she said, "I have done it—I am sorry for it—forgive me, and I will pay you back the money at a penny a time"—I said, "I will not—policeman take her.
RICHARD PINK . I am in the service of Mr. Grant, a publican. The prisoner came to his house this day fortnight, and brought eighteenpenny-worth of farthings, which I took of her for silver, and she spent two-pence farthing in farthings besides.
GUILTY .* Aged 30.— Confined One Year.
1682. ANN TAYLOR was indicted for stealing, on the 25th of June, 1 handkerchief, value 1s.; 1 shawl, value 25s.; and 1 gown, value 14s; the goods of Joseph Moore; and that she had been before convicted of felony.
MARY JANE MOORE . I am the wife of Joseph Moore, living at No. 9, Charlotte-street, Islington. About eleven o'clock in the morning, on the 25th of June, I left some children in my house, and the door open—on my return I met the prisoner coming down my stairs with a bundle in her hand, in a handkerchief of my husband's—I asked her to let me look in the bundle—she said she had come for the washing—I took the bunle, and it contained the articles stated—they are my husband's—I had not authorised her to take them—she was given into custody.
Prisoner's Defence. I have been married twenty-four years, and been trying to support my family, but poverty has brought me to this situation—have mercy on me.
the prisoner's former conviction, which I got from Mr. Clark's office—(read)—the prisoner is the person.
GUILTY . Aged 45.— Transported for Seven Years.
ELIZABETH CUNNINGHAM . I am the wife of Walter Cunningham, No. 1, West-place, St. Luke's About three o'clock on the 27th of Jane, a witness gave me information.—I looked at my till, and all the silver had been taken out—I am sure there had been one shilling and three sixpences in it—I knew one of the sixpences which I had brought down from my trunk that morning—this is it—(looking at one.)
Prisoner. Q. What can you swear to it by? A. It is very much battered, and I brought it down stairs that morning.
FREDERICK ADAMS . I am a watch-finisher. On the 27th of June, in the afternoon, I was looking out of my first-floor window, and saw the prisoner and another enter the prosecutor's shop, which is opposite my door—the prisoner waited outside a few seconds after the other went in, and then the other beckoned him, and they both went in—they came out, and the other showed the prisoner something which looked to me like silver—he licked it, and put it into his pocket—I gave information.
Prisoner. There was a lady in the shop, with a child in her arms, who said I was not the person. Witness. I am confident you went in, and came out.
Prisoner's Defence. I had twelve sixpences in my pocket, the woman took them up one by one, and looked at them.
GUILTY . Aged 17.— Confined Six Months.
JAMES THOMAS MILLS . I am in the employ of Richard Attenborough, and another, of Crown-street, Finsbury. About two o'clock, on the 26th of June, I was standing behind the counter—there was a cotton gown hanging for sale inside the shop—I did not see any body about, but I saw the gown go from the door—I could not see the person—I went after it, and saw the prisoner walking on—I pursued her, lifted up her shawl, and saw this gown underneath—it is my master's.
Prisoner. I was coming by, he tapped me on the shoulder, and told me to go in, which I did—I had no gown on me—there were three or four said that I was not the person, but that the person was gone down the court, but they would not go after her—he picked it up himself, and wanted me to lay hold of it.
Witness. I found it under her shawl, a few yards from our door.
Prisoner. I never saw the gown, nor put my hand near it.
GUILTY . Aged 43.— Confined Three Months.
MORRIS NATHAN . I am an appraiser, living in Wardour-street. I had a scent-bottle on the 3rd of July—I missed it, when a man brought the prisoner back—this is my bottle—I know it by the mounting of it.
JAMES COCKS . I am a shoemaker, and live in Wardour-street. About five o'clock, on the 3rd of July, I saw the prisoner come out of Mr. Nathan's shop with something which appeared to me like glass, and then he went and gave it to somebody—he returned in five or seven minutes, and took this one—I got down in time to take him just as he was putting it into his pocket, and was coming away.
Prisoner. I had the bottle given to me by another boy. Witness. saw him take it up, and put it into his pocket.
GUILTY .* Aged 14.— Transported for Seven Years.
RICHARD TATTERSALL . I live in Grosvenor-place. At half-past twelve o'clock on the night of the 4th of July, I was walking in the Haynmarket—I had a pocket-book, with a miniature, and a five-pound note in it—I felt a twitch—I turned, and saw the prisoner, and two men—I went to one of the other men, and the prisoner ran off—I followed him a short distance, and then called after him—he was stopped by the policeman, and this pocket-book, containing the miniature and note, was brought to the station with him.
SCROBERT DAINTRY . I am a fisherman, and live at Lambeth. I was is the Haymarket, and saw the prisoner run by me—he chucked this pocket-book before me into the road—I took it to the station-house—I am sure the prisoner is the man who threw it.
Prisoner's Defence. At half-past twelve o'clock I was going op the Haymarket I saw a mob; I went up, and the gentleman was talking to two men about his pocket-book—he accused them of the robbery, and asked for a policeman—I ran after a policeman, and some one cried, "Stop him," and the officer took me—I never had the pocket-book in my head.
GUILTY .* Aged 17.— Transported for Ten Years.
JAMES FORD . I keep the Princess Amelia public-house, in Oxford-street The prisoner lived with me a short time as pot-boy—on tht 1st of February he left me without notice—I had a supper at my house the night before, and in the morning I missed a spoon and two ladles, and the prisoner also—this spoon is mine—(looking at a spoon)—the ladles have not been found.
GEORGE CHARLES PILLETT . I know the prisoner. On Saturday week last I met him in Hyde-park—I told him I wanted him for robbing Mr. Ford of some spoons—he said he did not know him, and knew nothing about any spoon.
GUILTY . Aged 20.— Confined One Year.
ALICE ELLEN CORDELL . I am single, and lodge in Cleveland-street with Mrs. Russell—the prisoner was introduced there—I missed twelve yards of black silk, and six yards of cambric, on the 18th of June—I had a trunk there, which was ripped open, and these things taken out—I charged the prisoner with having done it—she said she hoped I would not think it was her—this is my property—I have no marks on it, but can swear to it—(looking at it.)
SOPHIA NOBLE . I am a searcher at the police-office. I searched the prisoner, and found three half-crowns, and 41/4d. on her—the three half-crowns were in a bit of paper fixed in her shoe with a bit of wax—I said, "Here are three half-crowns"—she said, "Oh dear me, I don't know how they came there."
Prisoner. It was a bit of paper I picked up in the street—I did not know what was in it.
Prisoner. I was met by a young person in the street, who asked me to pawn them for her—I did not know her.
GUILTY . Aged 27.— Confined One Year.
1689. DAVID LOVE was indicted for stealing, on the 28th of June, 1 knapsack, value 1s. 6d.; 3 shirts, value 4s.; 2 pairs of trowaen, value 7s.; 4 pairs of gloves, value 1s.; 3 boots, value 3s.; and 6 suitings; the goods and monies of Thomas Webb, his master.
THOMAS WEBB . I live at Brentford. I had been discharged from my regiment, and on the 28th of June I had this bundle, containing the articles stated and 6s.—I met with the prisoner in Oxford-street—I asked him to carry my bundle from the Coach and Horses to Hyde-park-corner—he went on so fast I could not get sight of him—he got on before me, as I am tone—I lost him and my bundle—I made the best of my way home to Brentford.
CHARLES MANLEY (police-constable R 73.) I was on duty oh the evening of the 28th of June—I saw the prisoner near St. Martin's church, with this knapsack—I asked him if it was his—he said no, he was to carry it to Westminster-bridge—I told him he was going the wrong way, and I took Mm to the station—I then went to Isleworth and found the prosecutor—I went there from finding the prosecutor's ledger in the knapsack—I found on the prisoner six shillings in shillings and 23/4d.—there was no money in the knapsack, but the prosecutor said there were six shillings in the knapsack wrapped in a bit of rag—I fourd the rag at the top of the knapsack.
Prisoner's Defence, I and my mate drew a sovereign from our work that morning—I went to Westminster Abbey and stopped till five o'clock, and then went up Hyde-park, and came round to the public house when the soldier was—he knocked my hat off with one of his crutches—a gentle. man told me to take no notice of him as he was in liquor—I then asked the gentleman the way to Westminster-bridge, and he said the soldier wanted somebody to carry his knapsack—we went out—I lost the soldier and I walked on till the officer took me—I did not know what to do with the knapsack—I went to one public-house and asked if I might leaves, it but they would not let me—the soldier did not tell me where to take it.
THOMAS WEEB . Yes—I told him to take it to Hyde-park-comer—I left Chatham that morning, and had six shillings in a piece of duck in the knapsack—this is the piece of duck that the officer found in the knapsack—I was sober and knew what I was doing—the knapsack had not been out of my possession till I gave it to the prisoner—I put the six shillings in the piece of duck at Chatham—I left Chatham at eleven o'clock and got to town at three, and at five I gave it him to carry—I did not knock his hat off—I had only had one glass of gin on board the steamer.
(The prisoner received a good character.)
GUILTY . Aged 30.— Confined One Year.
OLD COURT.—Wednesday, July 11th, 1838.
Jury, before Mr. Sergeant Arabin.
GUILTY .* Aged 19.— Transported for Seven Years.
1691. JOHN HAYES was indicted for feloniously breaking and entering the dwelling-house of Cornelius Caquey, on the 25th of June, with intent to steal, and stealing therein, 1 purse, value 6d.; 1 half-sovereign, and 21 shillings; the goods and monies of the said Cornelius Caquey.
ELLEN CAQUEY . I am the wife of Cornelias Caquey, and live at No. 9, Bond's-place, in the parish of Marylebone. The landlord does not live in the house—we occupy the back parlour on the ground floor—the prisoner lodged with me in the same room—my husband has been in Ireland about two months—the prisoner has lodged with me since Christmas, and before that—he slept in the same room—there are two beds in the room—I and another woman, named Drewry, slept in one bed, and he in the other—I kept my money locked up in a box in the room—about eight o'clock in the morning of the 25th of June, I went out—the prisoner went out before me—Drewry went out with me—my box contained 21 shillings and nalf a sovereign in a purse—it belonged to Drewry, who gave it me to put into my box to take care of—we both returned at twelve o'clock to dinner—there was a catch on the window, which I had fastened—I had locked the door—I found it still locked, but the window opened, the catch turned back, and the money gone—the prisoner lodged with me before my husband went to
Ireland—he is a bricklayer's labourer—he was taken up the day following—he owed me 9s.—he did not know that this was Drewry's money.
Prisoner. I gave the money into your care against the time we got married—I gave you 21s., and she swore it was 31s. Witness. He never gave it to me—how can I be engaged to marry him when I have a husband—I know nothing about any banns being asked in Marylebone church in my name—he never laid by the side of me—I am sure there are no banns at all—he is a countryman of mine—sometimes he has asked me to eat a bit of victuals, and I did—I never made him any return for it.
CORNELIUS DONOGHUE . I am a policeman. I apprehended the prisoner, on the 26th of June, at work on the rail-road—I told him he was charged with breaking into the prosecutrix's room, and stealing 31s.—he he said, "I got into the house, and took 20s. out of the box, which was all there was"—I searched him, and found on his person 6s. 6d., a half-sovereign, and 33/4d. with a little purse and a piece of calico—I asked him what he had done with the remainder—he said he had spent it the night before—he said the money was his own; he had given it her to keep.
ANN DREWRY . I am the wife of John Drewry. The money is mine—it was in the prosecutrix's box—I gave it to her because I have an extravagant husband, who drinks—I was afraid, if I kept it. he would spend it—I have known the prisoner since Christmas—this is my purse—(looking at it)—and this is a bit of my child's frock, which the money was in.
Prisoner's Defence. It was my own money—Mrs. Drewry and her husband have not lived together for years—she had no means to support herself and two children but 7s. 6d. a week—how can she support herself out of that, and save money?—I was always at work myself; this woman said at Union-hall it was Mrs. Slattery's money, and she has not come forward.
NOT GUILTY .
Before Mr. Justice Park.
MESSRS. CLARKSON and ESPINASSE conducted the Prosecution.
THOMAS CHITTLEBURGH . I am serjeant of the 12th Lancers. I knew the deceased James Hamilton—he had no other Christian name, that I know of—he was also a sergeant in the 12th Lancers—the prisoner was a private in the same regiment—on Thursday, the 21st of June, about half-past six o'clock in the evening, I received an order from Troop Sergeant-Major Murphy—in consequence of that I went in search of the prisoner Rickey—I went to Hampton Court Palace—the regiment was quartered at Hampton Court Barracks—that was where he ought to be if he was in to place—on that day he was stable sentry, and ought to have been at the barracks—I found him at the palace, within the quadrangle—when I first saw him he was standing at the entrance gate of the palace, going into the barrack yard—the deceased Hamilton joined me in the square—that was not before I saw Rickey—when Hamilton joined me we went towards where I saw Rickey—he did not stay till we came up to him, but went away—he went in the direction of Sir Horace Seymour's apartments—that is within the palace, up one of the passages—Sir Horace Seymour has
apartments in the palace—we then went into the archway leading to Mrs. Wright's apartments, which are in the same passage as Sir Horace Seymour's—I saw Rickey again after we got into the passage—he was standing at the angle of the passage—he had a pistol in each hand—they were cavalry pistols—he ought not, as stable sentry, to have had pistols with him—he presented the pistols in the direction that we were going—he persented them both at the same moment, one in one hand, and the other in the other—Hamilton asked him to go quietly home—that was after he persented the pistols—the prisoner said, "Hamilton, if you do not go back, I will shoot you"—Hamilton then requested me to return, as he thought he was better able to get him back than I was, because he was better as quainted with his temper—I then returned by the way I had entend—I had got about twenty yards off, into the court-yard, before I heard any thing—they would not be in my sight if I had looked that way—I then heard the report of fire-arms—I did not go back to the passage that was but entered the passage by another direction—I saw the deceased, and saw Rickey in charge of the guard—he was two or three yards from Humilts when I saw him—Hamilton said to me that he was shot—he was standing up—he was in charge of the guard.
COURT. Q. Then were any of the people of the regiment there besids you? A. Yes—there was a guard sent also.
MR. ESPINASSE. Q. Are there two entrances to the passage? A. Yes—I and Hamilton had gone by one entrance, and the guard by another-Hamilton did not say any thing else—Rickey was marched off—the guard laid hold of him—I accompanied them—I do not know what had become of the pistol he had fired off—after he was in custody of the guard he said he was sorry he had shot Hamilton—that he intended it for Serjeant-major Murphy—the pistols are kept in the barrack-room—the ammunition is kept these also.
COURT. Q. Was there free access to that room? A. Yes—there are racks to put the pistols on, and the ammunition is kept in the pouch.
Cross-examined by MR. PHILLIPS. Q. Have you been long in the regiment? A. Better than eleven years—the prisoner has been in it about the same time—we joined it within a few months of each other—I was well acquainted with the deceased—he and the prisoner were very good friends.
JOSIAH MURPHY . I am troop serjeant-major of the 12th Lancer. I know the prisoner Rickey—on the 21st of June he was the stable senty at the stable of the troop in the old barracks—it was his duty as such sentry to be at the stable in the evening of that day—on the evening of that day I found he was in the barrack-room, between seven and eight o'clock—this was before he was taken into custody, before the misfortune happened—there was a file of guards sent for to take him into custody before he was taken I saw him in the barrack-room—this was before the misfortune—I saw him go in the direction of the palace—he had a pistol in each hand—I did not go with the guard—I only saw him going from the barrack-yard—I saw him going, with a pistol in each hand, in the direction of the palace—I did not see him leave the barrack-room—I did not see him taken into custody.
Cross-examined. Q. How long have you known him? A. About nine years—I went to see him in prison when he was taken up—during the nine years I have known the prisoner, I always considered him a quiet harmless, inoffensive man—in consequence of my observation of him, I
selected him to an appointment under myself, by which he derived some advantage; it was to clean my horse and accoutrements, and to keep the stores clean—I saw him in custody afterwards—I observed the appearance of bit face and eyes—his eyes seemed staring, and rather wild, and his countenance flushed—I believe he had been drinking—I had not seen him drink any thing that night—he had the appearance of a man who was excited by liquor.
COURT. Q. DO you mean when you saw him in custody, or any thing you observed before? A. Before he was in custody I observed him udder the influence of drink—when I saw him in the barrack-room, before be went out with the two pistols in his hand, he was standing close to one of the windows, and I believe sat down afterwards—when I saw him sitting down in the barrack-room, I asked him what he was doing in the barrack-room, as he had no business there at that time—he said he was resting himself—I do not think he could be there more than a minute—I left the room, leaving him in it—I did not see him take the pistols down—I comtuned my good opinion of him np to the last.
Q. Are the pistols, when in the rack, loaded, or do they remain there to be loaded when occasion requires? A. To be loaded when occasion requires—there are no loaded pistols allowed in the room.
COURT. Q. Under those instructions, or general orders, if you saw him in that state in the barrack-room, why not exercise authority over him? A. exercised authority, according to the orders of the service, to send to the sergeant of the guard.
Q. But as you say you have orders to put under arre-st any who axe under the influence of liquor, or who leave their post without leave, and seeing him there under the operation of liquor, why not immediately take steps to order something to be done? A. I did; I sent the sergeant down immediately—that was the way the guard came to be so near when this happened.
MICHAEL KELLY . I am a private in the 12th lancers. On the evening of the 21st of June, I was sent with a file of the guard to take Rickey into custody, about half-past seven o'clock in the evening—one private and the sergeant went with me—we went in search of Rickey—the first place I saw him was in the angle of a passage of Hampton-court palace—he had a pair of pistols, one in each hand—they were regimental pistols—I saw him cock both pistols—he said, "Sergeant Hamilton, if you would not sooner lose your life than go without me, I will shoot you, or the first man that comes another step closer to me"—he put his right foot out, presented the pistol towards the sergeant, and fired it—it was the right hand pistol—he snapped the other pistol at me, but that did not go off, it flashed in the pan—I closed him in, knocked him down, and took the other pistol from him—I afterwards went with him to the black hole—while he was going there he said it was Major Murphy he intended to shoot—he appeared to have been drinking, but not drunk.
Cross-examined. Q. Was not what he said, that Murphy had been the occasion of it? A. Yes; he said that Murphy was the occasion of his being taken into custody—he said Sergeant Major Murphy was the occasion of his shooting the sergeant, by coming after him—he appeared to be in
a passion—I do not know where he got the liquor—I did not see him drinking—I did not ask him where he got it from—he did not say in my hearing that he got the drink from the Canteen, hut I heard him say that night, when the captain went into the black hole, that he got from the Canteen—I have known him between seven and eight years, and always considered him one of the quietest men in the regiment.
COURT. Q. Did he walk like a drunken man? A. No, he did not stagger.
CHARLES SPEAR . I am sergeant in the 12th Lancers. On the evening of the 21st of June, I went in search of Rickey—I am the sergeant spokers of by Kelly—I first saw him in the palace, in the passage leading to Sir Horace Seymour's—I had seen him before that at the back part of the palace—that was after I had gone for the purpose of putting him under arrest—he was running along.
COURT. Q. Then he was not so drunk as not to be able to run alone A. He was able to run very well—he seemed to hare two pistols in one hand—he turned round, and swore by God, that if I came near him he would shoot me, and he was in the act of loading the pistol as he ran along and he called me by name, and swore he would shoot me if I came nearhim—I then lost sight of him—I was one of the guard at the time.
MR. ESPINASSE. Q. Yon afterwards saw him in the passage leading Sir Horace Seymour's apartment? A. Yes; I had left Kelly at this time—we had separated, and gone in different directions to look for him, and was with Sergeant Hamilton—as Hamilton and I approached, I saw him present one pistol to the right, and the other to the left, as I stood at the angle of the passage—he had one pistol in each hand—I heard him tell Sergeant Hamilton, and me both, that if we approached him, he would shoot him, or any other man that took hold of him—Sergeant Hamilton then turned round to me, and told me to go away, and to take the guard away—I turned round the passage, and went away down the court, near the staircase—I then advanced seeing the prisoner take a deliberate aim, and fire a pistol—I saw Sergeen Hamilton reel forwards—he immediately after presented the left pistol, either at me, or Kelly, and it burnt priming—I afterwards took the prisoner to the black hole—he said he was sorry for shooting Sergeant Hamilton—he meant to shoot Major Mnrphy.
THOMAS HUNTER . I am assistant-surgeon to the 12th Lancen. On the evening of the 21st of June, I saw Sergeant Hamilton—he was carried by four men, wounded, and his blood was running from him in great quantities—I saw him in the barrack-yard, being carried to his brract room—I afterwards examined him—he was not dead when I first saw him—on examining him, I pronounced him mortally wounded through the belly—the wound had the appearance of having been inflicted by a pistol-shot, by a bullet—there were two wounds—it appeared to have gone completely through him.
Q. Do you mean one single ball? A. Yes—there was a wound when it had gone in, and where it had come out—he lived about eleven hours—I have not the least doubt that that wound was the cause of his death—he was near forty years of age.
(Captain Edward Vandeleur of the 12th Lancers, gave the prisoner the character of an inoffensive, harmless man.)
GUILTY [Recommended to mercy by the Jury on account of his previous good character. See original trial image.]— DEATH . Aged 32.—Recommended to mercy by the Jury on account of his previous good character.
Before Mr. Justice Littledale.
1693. THOMAS PEACOCK was indicted for unlawfully, maliciously, and feloniously, setting fire to a certain dwelling-house of Samuel Daniel Ewins, situate at All-hallows, Honey-lane, on the 22nd of June; the said Samuel Daniel Ewins and others then being therein.
MESSRS. CHAMBERS and DOANE conducted the Prosecution.
SAMUEL DANIEL EWINS . I live at No. 102, Cheapside, and am a book-seller. In July, 1837, the prisoner came to my house, and did business there—he took my first floor—at Christmas last he brought in his furniture—he brought his family with aim at that time—the first floor consisted of two rooms on the front of the house, and one at the back—the staircase is between them—he was not to occupy any other room—I occupied the shop and the rest of the house, the second, third, and fourth floors—it is four stories high above the ground floor—in the cellar there is a water-closet—be merely used that himself, his children went up stairs—his family consisted of three children—he is a widower—he bad no right in the cellar, except to have access to the water-closet—on Friday, the 22nd of June last, I ordered my apprentice, Bolster, to turn off the gas, as he generally did—that was at half-past ten o'clock, after shutting up the shop—he went down the cellar to turn off the main, but I did not see him—after he came up, we shut down the trap-door, and immediately proceeded up stairs to the second floor together—I then read prayers to my apprentices and servants—while I was reading prayers, I heard a noise on the stairs, and requested one of the servants to shut the door to—it was like a person going up and down stairs—I should think it was not more than one person—the person appeared to be going up aid down, from the first floor below me—my family had retired to bed—about a quarter of an hour after hearing the noise, I proceeded to my bed-room—I have a workshop on the fourth floor—I directed Bolster to go up and close that door—on his going up, he suggested to me that there was a smell of fire—I immedistely ran up stairs, and found that it was not in the workshop—I smelt to as I went up, but could find none up stairs—I immediately ran down stairs—we had got about half-way down, and the smoke was excessively powerful—it ascended in such quantities as to prevent my going down stairs—I ran back, and the bells began to ring—the house-bills, front and back—it alarmed my wife, who jumped out of bed, and I ran and took two of my children, one under each arm, and my servant took two, and got them safely out of the house—they were conveyed to a neighbour's house—I went through the house, I saw my wife and family aafely placed elsewhere, and returned to the premises—I found the engines there, and the firemen and Mr. Braidwood at the head of them, and after some time the fire was extinguished—I went up stairs, and there was a strong smell of turpentine in the back room on the first floor—the fire was then out—I had observed, before the fire was extinguished, that it was in the back room of the first floor—I saw it from the outside of the house, and I thought it had made progress from the lower part, as I saw fire in the cellar.
Q. You could not see it in the back room from the outside? A. Yes I did, as there is a court goes down by the house, named Freeman's-court—when I returned from placing my family in safety, I found the fire out—I went into the back-room and smelt the turpentine—I did not find any thing in the back-room that night, but I did the next morning—the prisoner came to me during the fire, and said to me, "Mr. Ewins, what has
James Bolster being doing?"—(that is my apprentice)—I said, "I am afraid he has dropped a spark among the shavings when he went to turn off the gas"—at that time I had no suspicion there was any thing wrong, but thought it purely an accidental fire—the next morning, which was Saturday, some gentlemen came to inspect the premises—MR. Braid, wood was among them—a carpenter was sent for—I saw him take away the skirting of the back stairs where the fire had been—the prisoner was present at the time—when it was taken away there was a quantity of can dies and pieces of fat found, and one candle partly burnt out—I said, "it is a terrible thing"—the prisoner said, perhaps somebody in my emply might have taken the candles and secreted them there, to wait an opportunity to carry them away—the pieces of fat were not tallow fat—I think one or two were pieces of pork fat—on finding this, I was induced to make a minute search in the cellar—I called Bolster down stairs—he and I went into the cellar together with a light—the cellar had had a new ceiling a few months before—I found there were some holes made in the ceiling and some thing dropping from the holes—I applied a candle—there were pieces of paper in the holes wrapped up and tied round with thread—some was brown paper and some printed paper, of various descriptions, tied round with thread and saturated, some with Venice turpentine and some with some kind of sulphur, a lump of which is in court, and the paper also—Venice turpentine is more glutinous than the other—I gave that sulphur to Mr. Baldwin—I made a further search in the cellar after the officers returned from taking the prisoner into custody, (which was done in consequence of a communication from somebody) and in a recess in the celllar was found a quantity of paper shavings, apparently saturated with turpentine—part of them were such shavings as would be produced in the business of a book-binder—paper cut off the edges of books—the rest was brown paper—I am a book-binder—they were such shavings as I should have occasion to make in the progress of my business—I kept my shavings in a tub in that cellar in front of the house—anybody going into the cellar could have access to that tub—there were upright pieces of wood which directly communicated with the hole in the ceiling—they were placed under the hole where the paper was—they were propped up by one another—then were shavings piled up between them, and between the shavings pieces of bro wn paper and thin mill-board spread with Venice turpentine, andapparently a light had been applied, but it had gone out—there was one or two patterns of pocket-books among the paper—I had nothing to do with the pocket-book patterns—nor do we use any mill-board so thin—but some of the mill-board there, I believe, is mine—a quantity of the wood which was piled up near the trap-door in the ceiling had been burnt—it appears there were two or three distinct portions, but that I have described had not been set fire to, but under the stairs there were other pieces of wood completely burnt—there were several heaps of wood in different parts of the cellar, some of which bad been burnt and others only partly burnt—there had been some near the trap-door, directly under the steps—that had burnt part of a pair of steps leading into the cellar, and another loose pair of steps under these steps, and other wood had been consumed also—the ceiling of the back-room was not at all affected by the fire—the trap-door was very much burnt, and the beams of the cellar—the part of the trap-door was burnt which would be inside the cellar when shut—when shut, it forms part of the flooring of the back-room—I gave Mr. Baldwin the first paper I found—several pieces—I
gave the pieces of pocket-book and other things to the officers—after searching I went into the prisoner's rooms two or three times with the officers—on the Saturday after the prisoner was taken into custody, we proceeded from the cellar to his back-room—I had not been in the cellar, it may be for two or three days before the fire—I seldom went—I had another convenience—I did not notice any pieces of wood when I was last there—then I went into the back-room, first-floor, with the officers, I saw some straw lying down in a kind of recess, and there was a pipkin near the recess, with a kind of paste of turpentine in it—it was a thick paste, corresponding with some we found in the cellar—it was on the wood and on the piper—I think the officers took the pipkin—I also found a broken bottle with about half-a-pint of turpentine in it—I should think the property in the prisoner's rooms worth nearly 100l.
Q. Had you made any observation about the prisoner going into the cellar before this? A. Yes; I was surprised at his going down so much—I saw? him go down oftener than I thought necessary, and he remained longer—I had noticed that for about a month before.
Crott-examined by MR. PAYNE. Q. IS Bolster any relation of yours? A. Yes; my wife's brother—he is my apprentice—he is rather more than twenty years old—the pieces of timber or wood in the cellar were, perhaps, five or six feet long—they were brought from the upper part of the house when we made some repairs—some were as thick as my arm—some were cheeks of presses—they were thrown down there.
COURT. Q. You said you had not noticed them before? A. I meant the tarings, not the wood.
MR. PAYNE. Q. When was the prisoner taken into custody? A. On Sunday evening—I believe he was not there all the day on Saturday—he was there on Saturday morning—he was given in charge in. the afternoon or evening—I do not think I was there all the day on Saturday—I think I was not away more than two hours—that must have been in the morning; but I am not sure whether I did go out in the morning—I generally do—I think I suggested the skirting being removed where the candles were found, as we wished to make further search—I think I suggested it, but I am not quite sore, as they wished to convince me—I said, I believed one fire proceeded from the other—it was very likely from that notion I suggested it—I believe it was—I think it was at my suggestion—I have been insured six years to the amount of £1000.
Q. Did you give the firemen any thing to drink at the time they came there, did you go and fetch any spirits? A. After the fire was over, the street-keeper suggested they ought to have something—he said they were fatigued, and wanted refreshment, and I gave them some at his suggestion—I do not think the prisoner's property was worth so much as 100l.—there were presses there—an embossing-press and a stand and frame—I do not believe it was worth more than 35l.—I believe he had some dies and metals, for press-work, worth 5l.
Q. Were they not worth more than 40l.? A. I should think not—I cannot say whether I saw all that he had—there were small blocks and paper patterns—I did not see many of them—there was a small portion, worth. I should think, 30s. or 2l.—I did not see any blocks for moulding—I did not examine minutely—I speak from a casual view—I did not see any wood work covering paper cases, nor any cutting-boards and gauges—there were a few embossed covers—I did not see any pasteboard pockets—there
was half a quire of cartridge-paper, not half a hundred-weight-there were a few pocket-book clasps and locks—the prisoner received goods from other persons to do work upon—he would not be answerable for those goods if consumed, for I have seen the policy—he had no annuals at this time of the year—he has pocket-book annuals when the pocket-books come out—I am quite sure it was turpentine I found—I know what naphtha is—I believe there was not any of that, but there is a chemist here—the prisoner brought his goods into the house on Christmas-day—I saw his children on the night of the fire—two of the younger ones were undressed—I believe they had their night clothes on—his eldest daughter, I believe, had bonnet and frock on.
MR. DOANE. Q. HOW came you to recommend the removal of the skirting? A. I inferred that one fire proceeded from the other—that the fire up stairs proceeded from the fire in the cellar—Mr. Braidwood was sure that they were two separate fires—it was to see which opinion was oorrect that I suggested the skirting should be removed, to see whether the fire had come through or not—I think the value of my property on the premises, at the time of the fire, was more than 2000l.—my home is in the parish of All-hallows, Honey-lane.
JAMES BOLSTER . I am brother-in-law to Mr. Ewins—he married my sister—I am also his apprentice—I reside with him at the house, No. 102, Cheapside, and sleep in the back shop over the cellar—the trap-door which leads down to the cellar is in that shop—on the night of the 22nd of June about half-put ten o'clock, I went down to turn off the gas in the cellar—I had a light with me—J noticed nothing whatever particular in the cellar—after I had done it I came up the cellar steps, and shut down the trap-door—I had fastened the shop and doors previous to going down into the cellar—after closing the trap-door I went up stairs with Mr. Ewins into the kitchen, on the second floor, where we went to prayers—I did not hear any noise anywhere while my master was reading prayen—after prayer I went up stairs, by master's direction, to lock the workshop—on getting up there I smelt fire—I came down and spoke to my master, and he went up stairs with me—we then both went down together to the lowern part of the house, but finding the shop was full of smoke, he ran up stairs to his bed-room and fetched down two of his children—I ran up to the top shop, waited there some five or ten minutes, and then came down stairs again, and saw Mr. Peacock's front-room door open—at that time the firemen were down stairs playing, on the fire in the cellar—they were inside the house—I went into the prisoner's room, and looked out of his window, and on Mr. Wilson's leads, under the window which joins Mr. Ewins's leads, there were four bundles—this was on the first-floor—the leads are on a level with Mr. Peacock's window—I got outside on the leads, and brought three bundles in—the other one being very large, I could not carry it in—I lifted it up—it was a bag tied at the mouth, but I did not bring it in, being so heavy—Mr. Peacock was not there when I got out and brought the bundles in—after the fire was extinguished in the cellar, he came into his own room, and I told him I had brought three bundles in, and left one out—he made no reply to that—the leads run under the first-floor window of Mr. Peacock's room, and then Mr. Wilson's, and so on up the street—a person could run along two or three houses on them.
Cross-examined by MR. PAYNE. Q. About how long did yon remain up stairs in the top shop? A. Five or ten minutes—I was aware at that
time that the place was on fire—when I came down I found the men working the engines—the bundles were about five yards from the window of the prisoner's room—they were on Mr. Wilson's leads entirely—it was after I understood the fire was out that I brought them in—I have been Mr. Ewins's apprentice six years and a half—I observed nothing particular when I went down to put out the gas—I am in the habit of going down. HORATIO EVANS. I am apprentice to Mr. Ewins, and have been so about five years and a half. I know the hole in the skirting of the first-floor at the top of the stairs—I observed Mr. Peacock there on the Saturday morning after the fire had taken place on the previous night—I saw him thrust his arm into the hole—I saw the hole afterwards when the carpenter took sway the skirting, and saw the candles, and pieces of pork-flat found there.
Q. In your judgment, before the carpenter took away the skirting could a person readily have got them out of the hole? A. I saw persons belonging to the Fire Offica trying to get them out after the skirting board was removed, and there was some difficulty then to get them out—it was before the skirting was removed that I saw the prisoner with his arm in—I sometimes used the water-closet in the cellar—I need to go into the cellar frequently—I cannot call to mind an; particular time that I was there—I have not the slightest recollection when was the last time I was there before the fire—I was there one Sunday morning about a month before the fire, between eleven and twelve o'clock, I then saw the prisoner there, raking abovt amongst the shavings which were in my master's shaving tub—he was there before me—I saw him is the cellar about squatter of an hour previous to that time, the trap door wat shut down, for I saw him come up—the trap door was not usually closed when persons went down, it was quite an. unusual thing—when persons, went down they left open—when he came up he opened the trap door to get up—this was in the morning—I have frequently in the eroding, after eight o'clock, heard a nosise resembling a person running across the cellar in a hurry—I imagine from the middle of the cellar to the corner where the privy was—I was so frightened on one occasion on hearing it that I ran up stairs—I had a light in my hand, and I smelt the stench as if a candle was blown out in a hurry and I ran up the steps leading from the cellar over the place where the privy is, and I watched there to aee who it was, and to my astonishment I found it was the prisoner—there were pieces of stick six or seven feet high, kept in different parts of the cellar—after the fire I saw them in a recess laid across, with shavings underneath them—before the fire I did not see them sticking up supporting one another, or mixed with, shavings—I did not see master's shavings which were in the tub strewed about—there had been some work done in the cellar two or three months after Mr. Ewins took the house—that is seven or eight months ago, to the best of my knowledge—I did not close the door when prayers were read on the night in question—I ratlier think it was. one of the servants—I heard my master request it to be done on account of a noise on the stairs—I heard the noise too.
Cross-examimed. Q. Had you been in bed that Friday night? A. I did go to bed that night—I got up between six and a quarter-past six o'clock in the morning—I am quite sure it was not so late as eight o'clock—I went to bed, to the best of my recollection, between two and three o'clock—I do not know where the prisoner was at that time—I do not know what time he went to bed—this is the first time I have mentioned about being frightened and
seeing the prisoner come out of the cellar—I was standing on the third floor landing when I saw the prisoner put his hand into the hole in the skirt ing—it is a well stair-case and I could see to the bottom.
Q. Did you say any thing to the prisoner when you were frightened at somebody being in the cellar, and discovered it was him? A. No, I said nothing to him—I gave a sort of a smile, and he smiled at me—I cannot tell how long before the fire that was—I said nothing to him about that, but I have taken him to be a thief once or twice when I have met him in the dark—I have frequently seen him come out of the cellar.
MR. DOANE. Q. YOU fancied a thief was there on several occasions A. Yes, that was after dark—I said nothing to him when I found who it was—I had no reason to suspect him.
Q. You have said this was the first time you have mentioned about being frightened? A. I have not mentioned it to the prisoner, except merely by a smile—I mentioned the circumstance before to-day—this is not the first time I have mentioned it—I wrote it down and gave it to Mr. Ewins after my deposition was taken down.
HENRY HARVEY . I am employed by Mr. Ewins, as errand-boy, and have been so for about two years. I do not live in the house—it was my business to take care of the shop—early in the morning, between eight and nine o'clock, (not before business began,) a day or two before the fire, while I was in the shop, I saw the prisoner on the stairs, with hit right hand in the hole where the grease was found—I have seen him go down into the cellar several times, and have noticed his being down a comiderable time—I observed him go down a few days before the fire took place—he had a great-coat on—he staid there a considerable time—I do not know how long.
Cross-examined by MR. BALLANTINE. Q. Were you before the Magistrate? A. No—I first gave information of this on the day of the fire, to the apprentice—I did not mention it to my master—I had observed the hole I have spoken of before—a bell-wire went through it—there was a loose piece of wood in it, and when that was taken out there was room enough for a hand to go in—I did not see the prisoner take the wood out—I do not know that I observed him at the hole more than once—I should not have forgotten it if it was more than once—I believe it was not more than once—I do not forget all about it—it was two or three days before the fire—I mentioned the circumstance to the apprentice on Saturday morning—I did not go up "to see what the prisoner had been doing—I took no notice of it—I was just at the shop-door at the time I saw him—he saw me—he is not the only person I have seen go often to the cellar—I have been there several times myself.
HENRY BALDWIN . I live at the adjoining house to the prosecutor, at No. 101. I was out of town on the Friday—I live out of town—on the Saturday, when I came to town, I saw Mr. Ewins in the afternoon and he gave me three or four pieces of paper rolled up, saturated with resinous matter and turpentine, and told me what had happened—in consequence of what he said I went to Guildhall with the pieces of paper, and communicated with the police, and returned with Blundell and Jebbett—I and Jebbett went into the room occupied by the prisoner on first floor—I asked if he was within, and he said, "My name is Peacock"—I said, "It is a sad affair," alluding to the fire—I do not know that I said much more to him—he made an allusion as to somebody being down in
the cellar, with regard to toasting some cheese to bait the mousetrap—that was all that passed between him and me—the officers put questions to him and told him I did not feel satisfied in leaving my property, and I should feel myself justified in giving him in charge to the officers, which I did, and shortly afterwards left the room—I hold the lease of this house as well as my own—the officers took him into custody—Jebbett asked him, after I have him in charge, if he had any other property than what was in the room—he said he had other property, intrusted to him to work in the business be carried on—Jebbett asked him what kind of property, and he pointed out home books or papers—he asked him how many there were—he said he bought there were two hundred and fifty of the papers, which were worth about 1s. each—I do not know that he said any thing about the value of his property—the officers took him to the station-house.
HURT ISON JEBBETT . I am a sergeant of the City police. I accompanied Mr. Baldwin on Saturday evening, the 23rd of June, to No. 102, Cheapside, and there saw the prisoner—Baldwin kept the pieces of paper in his own possession, but I saw them—he took them with him to the house—we found the prisoner in the first floor front room, alone—Mr. Baldwin began the conversation, stating that the fire on the previous evening was a very aad affair, and that he did not consider his property was safe, and that after what had been found on the premises, he considered it his duty to give the prisoner into custody—after he was given into my custody, I told him I wished to put two or three questions to him, but that he might please himself in answering, as I should use them in evidence against him, if it was required—I asked him how he could account for the fire on the previous evening—he stated that he was at supper in the front room when the first alarm was given—I asked him where his family were—he stated some of them were in bed, and some were going to bed—I asked him when the alarm of fire was given, what he did with his children—he said be put them out at the front window, on the leads—he also stated that in the confusion he had lost some plate—I asked him what he had lost—he said, "Seven silver tea-spoons, a pair of plated sugar-tongs, and two plated table-spoons"—I then asked him what amount he was insured for—he said for £900—I asked him how long he might have been insured—he said, about three months—I then made a-remark about the property in the room, and said, "900l. is a great amount to be insured for, is this all you have got to show for it?"—he observed, the reason he insured so largely was, that he had at various times property intrusted to his care, that if any thing happened to it he should be obliged to make it good—I then asked him to what amount he had had property from his employers at any one time—he said, sometimes 50l. or 60l., and sometimes 150l. or 160l. worth of goods, at the same time pointing to two or three Parcels in the room, stating that that was property belonging to some of his employers, that he had got to bind—I asked him what was the value his that property—he stated that they were shilling books each, and the parcel contained 200 or 300—after that conversation I took him to the Computer—as we were going, he said be bad very little doubt but what some person in the house had set fire to the premises, and that Mr. Ewins was a base wicked man—after I lodged him in the Compter I searched. him and found two pocket-books, which do not relate to this, and some money, which was given up—I went back to the house, and found sergeant Blunden with the firemen—in the back room which is the bed room, I saw
tome of this combustible matter found in a recess, which is behind the door and also the pipkin—Blunden took possession of that, and the firemen took possession of what they found—there were two or three present—I also saw a bottle containing something which smelt like turpentine or naphtha—I also accompanied them down into the cellar, to make further search them and saw some pieces of paper doubled up together, covered over with conbustible matter, like Venice turpentine—what I found in the cellar conresponded with what was in the pipkin in the prisoner's bed-room.
Cross-examined by MR. PAYNE. Q. Where did the conversation between you and the prisoner take place? A. In his front room—Mr. Baldwin and my inspector, Tyrrell, were present part of the time—it lasted perhaps a quarter of an hour—Tyrrell might have heard some part of the conversation, but he waited but a short time—I did make any memorandum of it—I trusted it all to memory—I was a butcher before I entered the police—here w the pipkin, with some of the saturated paper, and here is the bottle with the remains in it—(producing them,)
EDWIN BLUNDEN . I am a police-sergeant. I went over the premises with Mr. Ewins on Saturday evening, the 23rd—I found some millboards in the cellar, covered with shavings, which stuck to them—(producing them)—this was in the recess part of the cellar—these other pieces of paper are part that the brigade found, and gave me—they are saturated with Venice turpentine—I did not find any thing more in the cellar—the fire-brigade found some papers, and took them to Guildhall for Mr. Toplis to see, and afterwards they were locked up under the charge of the brigate but this part I have had in my possession ever since—part of therm I got from the brigade, and part I found in the cellar—they correspond with what I found in the recess in the back room—I took the pipkin and bottle down into the cellar, and the stuff on the mill-board and the paper corresponds with the stuff in the pipkin and bottle—the bottle was in the fecess in the back parlour up stairs—I did not notice any pocket-books the prisoner's back room—I went into the front room afterwards, and them were some pocket-books, but I did not take any notice of them—we were looking for some plate—I saw the pipkin found in the back room up stair in the recess.
JAMES BRAIDWOOD . I am Superintendent of the Fire-engine establishment, in Watling-street. I went to the premises in Cheapside on the night the fire took place—the firemen had got into the premises before I arrived there—I arrived while it was burning* before the engines began to work—the first thing I observed was flames coming from the cellar into the back shop—I afterwards noticed the trap-door—the flames were at the opening of the trap door which was shut, but they came up between the crevices—the fire did not reach any portion of the walls—the trap-door was about two feet from the nearest part of the stair-case, I should think—it was a well stair-case made of timber—I eonld see up and down from top to bottom—that is a stair-cass much more favourable for the ascent of the flames than another—my assistants succeeded in putting out the flames that were coming throught the trap-door—one of the firemen went up the stair-case first—I went also and could not account for the quantity of smoke there, as I did not notice any fire there—the smoke was in the back room, first floor—in consequence of that I got into the back room on the first-floor, and saw a quantity of fire in the corner—I afterwards learnt that it was the prisoner's bed
room—I there found, in one corner, the fire biasing out—I got the branch if the engine up stairs, and put the fire out, and at the same time cut the plaster through at the stair-case, and the flames came out there also—had fire also succeeded in putting out—I afterwards examined the premises (so as to see whether there was any communication between the two fires) most particularly with the Superintendent of the police—from the examination of the premises I do not believe it to be possible the ✗ in the cellar could have produced the fire in the first floor—when I went into the first-floor back room, I smelt a strong smell of turpentine, and I saw this bottle—I believe it was this—I saw one exactly like it, with the neck broken off—I took it up and smelt it—it smelt like turpentine—it was in the cupboard in the recess, in the corner where the fire was—I was present the following morning when the skirting-board was Leo down on the stairs, and I took six candles out of the hole—the firemen, or Mr. Ewins, took possession of them—one was, very much burnt, nothing but the wick left hardly—the wick was very long—about the whole length of it was burnt—the other candles were not burnt-tone appeared to have been melted partially—I found a little paper there—this is all what was found in the hole—(produced by a fireman)—I could have reached it before the skirting-board was removed, but it was covered over with plaster by tutting it away the previous night in breaking it down.
Cross-examined by MR. PAYNE. Q. Where did you discover the fire up kin? A. It was first discovered in the cornet of the kitchen, or backroom, parlour, or whatever it is called—I saw the light of it there—I found it in the back-room, first floor, close by the stairs—we found it also on the stairs—there was a partition of lath and plaster on the side next the stairs—i twas boarded inside—the fire appeared to have begun at out place, and to have run up and burnt through into the inner room—it had broken out in the centre of the partition, and burned through into the inner room, into a recess or cupboard.
MR. CHAMBERS. Q. HOW far was the place where it forced its way into the cupboard, as you suppose, from where the candles were found? A. The candles were found inside, at the bottom of the partition, immediately below where the fire rose up—the cupboard where the broken bottle was aseen was two and a half or three feet square—the bottle laid, down in the centre of it, as if it had been knocked down by the water of the engine—there were a great many things in the cupboard besides, which I did not notice particularly that night—a great many pieces of wood, many of which might be used in the prisoner's trade—there was an immense quantity of stuff hung up on the ceiling, old chairs, and different things.
RICHARD HENDERSON . I am engineer of Watling-ttreet station. I was at this place on the night of the fire—I afterwards assisted in making search of the premises—I found in the cellar the things lying here—I found pocket-book patterns, and these papers, saturated, with turpentine—these are patterns of pocket-books, as I underst and, from Mr. Ewin's—(producing them)—I found them in the cellar, in a part which was most burnt—I afterwards searched the back-room, and took charge of some things which were found.
Cross-examined by MR. BALLANTINE. Q. This pattern, as you call it, appears to be a piece of brown paper? A. I know nothing about it being a pattern—I have not often seen a piece of paper saturated as that is.
were sealed up after I took them to Mr. Baldwin—I found these pieces of paper in a hole in the cellar ceiling—they are saturated with Venice turpentine—two or three of those that have been produced are pocket-book patterns—I did not take possession of them myself—I saw no pocket-book patterns found in the back room—these were found in the cellar—the prisoner is a pocket-book maker.
WILLIAM BASTING . I am an assistant to Mr. Lucas, a chemist in Cheapside. It is impossible to say that the contents of this broken bottle is all turpentine, but I am positive the greatest part of it is essential oil of turpentine, and I believe it is floating on water—I will not swear that it is all turpentine—the pipkin contains Venice turpentine, which is more pure than the common, and therefore more inflammable—this brown paper and other things are saturated with turpentine, combined with some greasy preparation—I have looked at all the papers before—that remark applies to the greater part of them.
Cross-examined by MR. PAYNE. Q. DO you know what naphtha is? I Yes—I do not see any in the bottle.
MR. EWINS re-examined. I found this piece of stuff stuck in the hole in the ceiling of the cellar.
ABRAHAM WYATT . I belong to the Atlas Insurance Office. I produce a book from the office in which entries are made of persons insuring in that office—there is an entry there of a person of the name of Thomas Peacock.
MR. PAYNE. Q. Is that in your own hand-writing? A. Only part of it.
MR. CHAMBERS. Q. What is the amount insured? A. 900l.—it was first proposed on the 22nd of March, and completed on the 26th.
MR. PAYNE. Q. Have you any recollection who effected the insurance A. Yes; the prisoner.
MR. CHAMBERS. Q. Did you receive a premium? A. I did, from the prisoner—the furniture, household goods, wearing apparel, &c. is insured for 340l.—watches and trinkets 15l.; pictures, prints, and drawings, 25l.; one item of glass, including looking glasses, &c, 30l.; stock and utensils in trade, including presses, 490l.—there had been no insurance effected in our office previous to that time, that I am aware of—this insurance rance would not cover any customer's goods.
(The prisoner received a most excellent character from thirteen respectable witnesses.)
NOT GUILTY .
Third Jury, before Mr. Recorder.
NOT GUILTY .
1695. FREDERICK JOELL was indicted for feloniously uttering, on the 15th of June, a certain forged acceptance to a bill of exchange for the payment and value of 20l., knowing it to be forged, with intent to defraud Emanuel Moses.
ALICE ABRAHAMS . I live with my father, Emanuel Moses. He keeps the Black Lion public-house, in Vinegar-yard—on Thursday the 15th, or Friday the 16th of June I was sitting with my father in the bar, when the prisoner came in and asked my father to discount him a bill—my father asked him to leave it, which he did, and said he would call in a day or two—this bill—(looking at one)—looks something like it, but it has been out of my possession—I gave it to the officer, Blakesley—the prisoner said he was the drawer of the bill himself—I did not ask him who the acceptor was, for I took the bill from my father, and saw it was accepted in the name of Byden, and was addressed to Green Dragon-yard, Bishopsgate-street—I do not remember that the prisoner told me where the acceptor lived—I supposed the acceptance was By den's hand-writing—the prisoner might have told me so, but I did not suppose it was of any consequence—I was examined before the Magistrate, but it was three or four weeks ago.
Q. Now, did the prisoner give any account who the acceptor was, or whose hand-writing the acceptance was, and where the man lived? A. Yes; he said it was accepted by Biden—he did not tell me where Byden lived—I do not remember, because it is on the face of the bill, where Byden does lire—I went down to the address on the bill—I did not know what might occur, and hardly knew what I was about at the time—I did not suspect any thing then—I have been examined on oath before—I think that some more conversation did pass between me and the prisoner, about the acceptance—I think he said it was accepted by Byden, and that Byden lived in Green Dragon-yard, or New Inn-yard, Shoreditch—I know I went there to inquire whether the bill was a bona fide transaction—the prisoner said that Byden lived there, and that it was made payable in Bishopsgate-street.
Q. Did he say it was made payable there, or was that an observation of yours? A. Well, I do not know now for the moment which it was—I kept the bill in my possession, and told the prisoner to call again in a day or two, and he called the next day, Saturday—Mr. Byden was there when he called.
Cross-examined by MR. PRENDEEGAST. Q. Did you not go. to New Inn-yard in consequence of seeing that direction on the bill? A. I do not remember whether it was an observation of my own, or whether it was what the prisoner said—I do not know that he said the man lived in New Inn-yard—he said it was Byden's hand-writing—he was not asked whether he saw Byde, n accept it—he did not say it was Byden's acceptance—my father did not ask him, if he saw him accept it—it was left with my father for the purpose of making inquiry about it—my father gave nothing for the bill—he never asked for any thing—my father said he would not discount it till he saw it was a bona fide transaction—he would not discount it because it was not worth the price of the stamp—because Byden was not worth any thing—I understand the prisoner himself is a minor—I have known him for a twelvemonth occasionally coming to our house—the bill is not indorsed—when I went to Byden, he said, "If you had been here a new minutes ago you would have seen Joel"—he said, "I have seen Joel here a few minutes ago, and he said be was going to treat me with a bottle of wine if he got the money."
at the time this occurred. I remember seeing the last witneii—I did not tell her, if the man got the money for the bill I was to have a bottle of wine—I have known the prisoner since October last—I went to Mrs. Reeve's, next door to me, and saw Miss Abrahams—she showed me this bill, with my name on it—it is not my hand-writing—it is quite differend—the prisoner told me he had put my name to a former bill, but not him to one—I had not authorised him to put my name on a former occasion—I had not paid the bill he put my name to before—I never allowed him to put my name to any bill—I was not to have a bottle of wine if he got money on the bill, to which he had put my name—he offered to lend me 50l.—I did not know any thing about a bill—he merely drew two bills up to get the money—this is not one of them—I allowed him to draw the two bills to get the 50l. for me, to lend to me, but not to use my name.
Q. How was he to get them? A. I do not understand the nature of bills—I never saw one till I saw the prisoner—he was to draw on himself—I understood he was of age.
Q. Then he was by bills to get you 50l.? A. No; he said be would lend me 50l., and draw the bills up, and I could issue them if I liked—I have seen one bill of 20l. and one of 30l., besides this—my name was not on both of them—the officer has one in his possession, and one I hold in my pocket—I was advised by the Magistrate to stop it—this was not one of the two bills on which he was to raise the 50l.—I saw those two bills is my house—this I never knew any thing of till J saw it in Miss Abraham's hands—the prisoner called at my house that day, and told me he was going to get the money for me on the bill—not on this bill—he said he had been down to Steven, the bill-broker's, and the 20l. would come to me to help me in my business—he did not tell me he had been to Abrahams—no mention was made about a bottle of wine—I never said a word to Miss Abrahams about a bottle of wine—here is one of the bills on which he was to raise the 50l.—(producing one.) Q. This is not yet accepted—do you mean to say it was not to have your name put across it before he received the money? A. Not by my authority.
Q. This bill is not drawn on any person—what did he bring it to you for? A. I do not know any thing about bills—he said it was as good as money, if I liked to pass it.
NOT GUILTY .
NEW COURT.—Wednesday, July 11th, 1838.
Sixth Jury, before Mr. Common Sergeant.
MESSRS. BODKIN and DOANE conducted the Prosecution.
ANN LISINIA . I am a widow, and keep the Job's Castle, Spitalfields. In the afternoon of the 29th of June, the prisoner came for half a pint of porter—it came to a penny—she gave me a shilling—I remarked it was a counterfeit, and told her so—she said, she did not know that, and pulled out another and some odd halfpence, and said that was all she had—I gave her to the policeman, and gave him the shilling.
prisoner into custody—I received this counterfeit shilling Iron the witness—I a shilling in silver and three halfpence in copper, taken out of the prisoner pocket.
JAKES GLIBBERY . I am gaoler at Worship-street. The prisoner was brought there—in going to the bar, her foot slipped, and I saw something fall from her person, which proved to be two half-crowns and one shilling—she said, "Oh my God," and tried to kick thorn from her.
MR. JOHN FIELD . I am inspector of coin to the Mint, aad have been so many years. This shilling produced by Macguire is counterfeit, and the two half-crowns and the shilling produced by Glibbery tie counterfeit, they aill made of the same sort of metal, which is rather different to that usually employed—these are made of brass partly.
GUILTY . Aged 35.— Confined One Year.
1697. WILLIAM WARREN was indicted for stealing, on the 5th of April, 100 muslin collars, value 20l.; 100 caps, value 20l.; 100 habit-shirts, value 20l.; and 100 yards of trimmings, value 10l.; the goods of William Lowndes and others, his masters; to which he pleaded
1698. WILLIAM WARREN was again indicted for stealing, on the 2nd of April, 100 yards of muslin, value 20l.; 100 handkerchiefs, value 10l; 100 collars, value 10l.; and 100 habit-shirts, value 10l.; the goods of William Lowndes and others, his masters; to which he pleaded
GUILTY . Aged 23.— Confined One Year.
(Upon which no evidence was offered.)
NOT GUILTY .
MESSRS. ESPINASSE and DOANE conducted the Prosecution.
LUCY SMITH . I am the wife of Thomas Smith, who keeps a cook's-shop in Hatton-wall. On the 3rd of July, between five and six o'clock in the evening, the prisoner came to our shop—he asked for a pennyworth of pudding—I put it on the counter—he offered me a shilling, which I saw was bad—I gave it to Ann M'Gee, my servant, to take up to my husband.
Prisoner. She put it into the till. Witness. No, I did, not—I never lost sight of it.
THOMAS SMITH . I received the shilling from Ana M'Gee—I gave it to George Waddington, the officer, on the 3rd, of July—alter I received it, I went into the shop, and saw the prisoner—I asked bin if he had any more of the same sort—he said no, it was the only shilling he had about him, and he took it in Hyde Park-fair—I did not see a policeman in the street, and let him go—I went to the police-office about twenty minutes. after, and saw him in the lock-up place.
GEORGE WADDINGTON . I am an officer. On the afternoon of the 3rd of July, I saw the prisoner on Saffron-hill—he walked quickly down a court—I allowed him, and saw him join another person—I ran round to meet him, at
the other end of the court, and as I got to him, he spat this shilling (produring one) into an area at my feet—I laid hold of him, and asked the man belonging to the premises, to go and hand up the shilling to me, which he did—the other person who was with the prisoner ran away—here is the shilling I received from Thomas Smith.
Prisoner. I did not know it was a bad one—I went down the street and met the man, I said it was a bad shilling, and he said it was not—it is false that I spat a shilling out of my mouth. Witness. I am certain he did.
Prisoner's Defence. It was the first day I had been in London for six years—I had been working in Birmingham—the other man came from, Birmingham as well as me—he gave me the shilling, and I did not know it was bad.
GUILTY . Aged 23.— Confined Six Months.
JAMES COUCH . I am servant to Mr. Hartley, who keeps the Ship tavern, in Upper Mary-le-bone-street. On the 22nd of June, the prisoner came there and called for half a pint of porter—I served her—she put down a shilling—I picked it up and perceived it was bad—I took a pair of pincers and broke a small piece off it—she snatched up the other piece and swallowed it—I have the small piece here—(producing it)—on the 3rd of July she came again—a man came in just before her, and called for half a pint of porter—he then said, "I have got no money, I suppose you will not trust me, will you?"—I said, "No"—he said, "What must I do?"—I said, "I must take the porter back again"—he then gave me a penny—the prisoner then called for three half-penny worth of rum—she put her hand into her pocket and threw down a shilling on the counter—I picked it up and saw it was a bad one—I said to my master, "This woman has come with another bad shilling"—he went for a policeman, and while he was gone the man said to the prisoner, "Go out," and she went out—my master and the policeman came—I told them the prisoner had gone round the first turning—the man still stood there, and he put something into his mouth and swallowed it—this is the shilling which the prisoner gave for the rum—(producing it.)
THOMAS CARTER . I am a policeman. On the evening of the 3rd of July, I took the prisoner in Ogle-street—she said, "What do you want—I said she must go back with me to the public-house—I took her, and the landlord said there was a man outside who had been in her company—I looked round and saw the man, who was attempting to swallow something—I caught him by the throat and took him into the house—the prisoner said, "What do you do with that man? he does not belong to me.
GUILTY .* Aged 33.— Confined One Year.
JEREMIAH EMERY . I live in Ellen-place, St. George's. On the 30th of June, between five and six o'clock, I went into the street in consequence of information, and saw the prisoner with my coat on his arm—I ran after him, and just before I caught hold of him he dropped it—I taught hold of him and turned back, and took up the coat—this is it—(producing if)—I had teen it safe in my passage a quarter of an hour before.
Cross-examined by MR. PAYNE. Q. HOW far was he from you? A. About twenty yards—I saw his back—he had turned into Ellen-street, and there I took him.
Cross-examined. Q. How far were you from the person who took the coat? A. I was in the kitchen, about four yards from the peg in the passage, where the coat hung—I went and told my father.
(The prisoner received a good character.)
GUILTY . Aged 22.— Confined Six Months.
JONATHAN GARDENER . I live at Denbigh-hall, Buckinghamshire. I came up to town by the rail-road—on the 4th of July, about twelve or one o'clock at night I was going down Stephen-street, and I saw a young woman Standing at a door—I told her I would give her half-a-crown for half a bed—we agreed, and went into the room—I putted my purse out of my pocket, and gave her half-a-crown—my purse contained five sovereigns and 16s. or 17s., among which was a crown and two hair-crowns—I undressed and went to bed—I asked her if she was coming—he said no, I had only agreed for the bed—I said she might stop away if she liked, and I dropped off to sleep—about half-past three o'clock in the morning, the prisoner came into the room—that awoke mo—he asked me what business had there with his wife—I said I did not know she was his wife—she said she had no husband—the woman was then sitting on the bed, she had not come to bed—the prisoner went and gave her a kick, and said, "D—you, I will kill you both"—he then came and searched toy trowsers, but he could find nothing there, as I had put my purse between the bed and the mattress—I got up, and got all my things on except my shoes—I went to take my purse from under the bed, but the prisoner rushed, took it from rat, and ran out of the back door, and over the wall—I ran out to call the policeman, and saw the prisoner run out of another house two or three doors off—I ran and called "Stop thief"—he was chased so close, that he ran back to his own room again.
CORNELIUS LOVEGROVE (police-constable D 159,) I heard the cry, and saw the prisoner running, pursued by the prosecutor, who had no shoes on—the prosecutor said he had been robbed of upwards of 5l.—the prisoner ran into No. 21, Stephen-street, which was the place he had ran from—when I got into the parlour I saw him in custody of my brother constable—the prosecutor was, lilting up the head of the bed to ate if his money
was there—I took up the bottom of the bed and found the money strewed about—no purse was found.
GEORGE HEALEY (police-constable D 42.) I pursued the prisoner closely into the front parlour of No. 21, Stephen-street—just as I got in, he turned round from the part of the bed where the money was found—I asked him what he had been running away for—he said the man had struck him—I searched him and found two knives, and a bag which it not the prosecutor's—the prosecutor gave him in charge for stealing five sovereiges and 16s. or 17s.
Prisoner's Defence. I went into my room and asked what business he had there—he said he had paid for the bed—I am not guilty.
GUILTY †. Aged 17— Transported for Seven Yeas.
WILLIAM FORD . I am a brass-founder, and live in Gun-lane, Lime-house. The prisoner was in my service—it was his duty to knock up copper to melt—on the 2nd of July, I went to his jacket which hung in the foundry, and found two pieces of copper In each pocket—I left it there, and spoke to the policeman.
Cross-examined by MR. CHAMBERS. Q. How long has he been in your service? A. Upwards of six weeks—it was William Gamble's business to prepare copper for melting—if there is any metal which is unfit for the melting pot, it is separated from the copper—but this ii good copper—it is such as I would have melted up.
COURT. Q. Had he any business to put any copper into his pocket? A. None whatever.
Cross-examined. Q. How many cwt. had been broken up that day? A. About 2 cwt.—I knew these pieces when I saw them at Lambeth-street—it is my place to knock up copper, but the prisoner having noting to do was desired to help me—I can swear to this metal by the shape of it, and its having been through my bands so many times.
JOHN HABGOOD (police-constable K 109.) I watched the prosecutor's premises and saw the prisoner come out—I asked what he had got in his pocket—he said nothing whatever—I found two pieces of copper in his jacket, pocket, and he tried to throw something out of his trowsers pocket—I there found this other copper.
(The prisoner received a good character.)
GUILTY—Aged 44. Recommended to mercy.— Confined Three Months.
ANTHONY JAMES MARK . I live in Prospect-place, Kingsland. On the 5th of July, about five o'clock in the morning, I went to the White Hart, Mile-end-road—I fell asleep—I had a purse containing two sovereigns and some silver—in about five minutes I was awoke, and my purse and money were gone—I had not been up all night—I went out very early, and had been to a friend—I had laid down on a sofa—I was neither drunk nor sober—this is my purse—(looking at it.)
Cross-examined by MR. PAYNE. Q. Have you any mark on it? A. No; I had seen my money five or tea minutes before—I drank one glass of after I got to the White Hart.
JAMES TAYLOR . I live in Ray-street, Clerkenwell. I was at the White Hart—I saw the prosecutor and the prisoner drinking before the bar—they went into the tap-room—I followed, and saw the prisoner put her baud into the prosecutor's breeches pocket, and take the purse—she went out—I followed her—I returned, and gave information.
Cross-examined. Q. Where were you standing when she took the purse? A. In the tap-room, right opposite—there were about half-dozen persons beside me.
Cross-examined. Q. What time was this? A. About half-past six o'clock in the morning—I found her down a court, about ten rods from the public-house.
ELIZABETH HOWE I searched the prisoner at the police-station—she kept turning herself about, and took something from her stays—I saw.—two soverelgns in her hand—she offered me one not to say anything, and said she would stick to me like bricks all the week, if I did not—I do not know what became of the sovereigns, whether she swallowed them, or put them down the water-closet.
Cross-examined. Q. Where was this? A. ln Mile-end station-house—no one was present in the cell.
(The prisoner received a good character.)
GUILTY . Aged 33.— Confined Three Months.
(The prosecutor did not appear.)
1707. AMY SHRUB was indicted for stealing on the 30th of June I shawl, value 3s.; 5 handkerchiefs, value 3s.; I collar, value 6d., and 1 pair of drawers, value 1s.; the goods of Rachel Marks; 2 printed books, value 15s.; 7 spoons, value 1d.; and I knife, value 3d.; the goods of Abraham Marks, her master.
RACHEL MARKS . I live with my father, Abraham Marks, No. 207, Oxford-street., The prisoner was our servant—she was discharged, and went to live at No. 226, Oxford-street—I missed several articcles of wearing-apparel—on the 30th of June, I went to where she was living, and saw several of my things on her—I begged her to give them to me, which she did—I forgave her, and her mistress was willing to keep her—the next day I saw her passing our house, with my shawl on her, and my father gave her in charge—this is pay shawl which I had lost from my father's house.
GUILTY.—Aged 14; Recommended to mercy by the Jury and Prosecutrix.
Confined Three Days.
JOHN FLEMING . I am an apprentice to Francis Crew, a book seller in Lamb's Conduit-street. On the 4th of July I was in the back-parlour—a man gave me information—I ran out into Chapel-street, and saw the two prisoners—I ran after them, and asked I go who had these books, what she had under her apron—she said she had nothing—I took them from under her apron—these are them—I had seen them in the shop about ten minutes before.
WILLIAM PARRATT . I am in the service of Mr. Bellamy, a butcher, of Lamb's Conduit-street. On the afternoon of the 4th of July, I was in my master's shop, opposite Mr. Crew's, and saw the prisoners looking in at his window—I saw Igo go in, go towards the counter, and put something under her apron—Welch was outside, looking through the window—Igo came out, and they both went away quickly—I gave information.
Igo. I did not see this girl before she was taken.
IGO— GUILTY . Aged 16.
WELCH— GUILTY . Aged 21.) Confined Six Months.
MARY ANN PYE . I was on a visit to my uncle, Mr. John Marriott, of Waterloo-place, Clerkenwell-close. On the 22nd of June; at a quarter-past nine o'clock, the prisoner, and another boy, came and asked for a pennyworth of milk—I served them—the prisoner then asked me to milk—into the yard with another mug, and put some water in it—I went, and when I returned, he and the time-piece were gone—the time-piece had been in the parlour—the prisoner had left his milk behind—the policeman caught him with the time-piece in about three minutes.
Prisoner's Defence. The other boy gave it me.
GUILTY . Aged 16.— Transported for Seven Years.
GEORGE FURBY . I live in Whitechapel-road, and am an ironmonger. On the 30th of June I received information, and went after the prisoner—I overtook her with this saucepan in her possession, which belongs to me—I had seen it safe ten minutes before.
Prisoner. I throw myself on the mercy of the Court.
GUILTY .* Aged 17.— Confined Three Months.
lives in Hull's-place, St. Lake's. On the, 30th of June we had a gown hanging to dry in our back-yard—I received information, and missed it—then looked after the prisoner, and found her with my mother's gown and mother—She said, "If you knew what distress I was in, you would, not, ✗ me—other gown too."
ANNA CALLINGHAM . I am the wife of Hugh Callingham, a policeman. The prisoner was brought to the station with a bundle which contained this down of Mrs. Hall's, very wet indeed—there was only one penny found in her pocket.
Prisoner. I had had no victuals for two days.
GUILTY . Aged 38.— Confined Three Months.
JOHN RUTTER . I am in the service of Thomas Steel, who keeps a shoe shop High Holborn. On the 27th of June, he had a pair of Blueher boots on the stand inside the door-way—I saw the prisoner come in front of the door and take hold of two hoots, finding they were chained she walked by, she them came back and took a pair from the stand—she walked round featherstone-buildings—I ran out and gave her to the policeman—she had the boots on her, these are them—(looking at them.)
GUILTY .* Aged 48.— Confined Six Months.
1713. ELIZA EMLETT was indicted for stealing, on the 22nd of June, I pillow-case, value 6d.; 3 sheets, value 3s.; 2 frocks, value 3s.; 2 pinafores, value 1s.; I apron, value 6d.; I shift, value 9d.; and I towel,—value 3d.; the goods of James M'Intosh.
JAMES M'INTOSH . I live in Blackbird Alley, Bethnal Green. On the 22nd of June, I received information from my little girt, and saw the prisoner running away with a bundle in her arms—I overtook her, but she had thrown the bundle away—it contained the articles stated, which are my property.
SUSANNAH BIRCH . I am the wife of Richard Birch, and live in St. John. street, Bethnal Green. At half-past six o'clock on the 22nd of June, I was standing at my door and the prisoner dropped this bundle tied up in this pinafore—I picked it up—it contains the property stated.
Prisoner's Defence. I met a man who said, "Hold this bundle"—somebody called "Stop thief", the man said, "Run, and throw the things down," and I did.
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined Three Months.
JOHN BARNJUM . I live at Hanger-lane, Ealing. I manage a farm at Perrivale, for my mother Rebecca Barnjum, and my sisters—my mother has a hay field adjoining the canal—having lost hay we set some persons to watch, and on Saturday morning the 30th of June, I was called up—I rode along by the canal, and overtook William Rose—he gave me information—I went to the prisoner's boat, and saw Wiggins driving the horse, and Creed steering—I said to Wiggins, "It's you, is it?"—he said, "What?"—I said "It is you that has been stealing the hay; I thought you had had enought of this field, without coming to it any more"—he said he had not taken any hay—I found a quantity of loose hay in his boat—I said he should not have it—I told Rose to go in and tie it up—Wiggins said "No, I will make a couple of bands and tie it up," which he did—I believe the hay in is the property of my mother and her partners—I know nothing about Creed.
WILLIAM ROSE . I was employed to watch the field. About three o'clock in the morning on the 30th of June, Wiggins and Creed were coming along the canal with the boat—one said to the other "Hold on," and creed began taking the hay—Wiggins was on the tow-path with the horse—he was in sight of Creed—the hay was taken from the prosecutor's field to their boat.
Wiggins. I was on the side of the boat, and I threw the handfuls of hay in—Creed did not touch it.
Creed. I did not take it—it was Wiggins threw it in while I was doing my work.
WIGGINS— GUILTY [Recommended to mercy. See original trial image.] . Aged 23. (Recommended) Confined Three Months.
CREED— GUILTY [Recommended to mercy. See original trial image.] . Aged 16. (to mercy) Confined One Month.
WILLIAM AUSTIN . I am in the service of Richard Attenborough, pawnbroker, of High-street, Shoreditch. On the 2nd of July, about two o'clock, I was behind the counter—the handkerchief hung at the door—I had seen it safe at one o'clock when I came up from dinner—I heard a pull at the door, and saw the prisoner walking away—I followed her and told her to come back—she said "What, for?" and on coming back she threw this handkerchief into the shop—: it is my master's.
Cross-examined by MR. PHILLIPS. Q. Have you any mark on it? A. Yes—the mark "E," which stands for 3s.—it was hanging inside the door.
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined Three Months.
1716. JOHN BRANCH and HANNAH BRANCH were indicted for stealing, on the 11th of June, 3 blankets, value 5s. 2 sheets, value 4s.; I rug, value 1s. 6d.; 4 pillows, value 8*.; 2 looking-glasses and frames, value 1s. 6d.; I bolster, value 3s.; I shawl, value 1s. 6d.; and I flat iron, value 6d.; the goods of William Smart.
St. Pancras. On the 9th of June the prisoners took a ready-furnished lodging of me—on the 4th of July I went into the room with the policeman and missed this property—these articles are all ours—(looking at them.)
WILLIAM FISH . I am in the service of Mr. Loveday, a pawnbroker in Crawford-place, Gray's-inn-road. I produce two looking-glasses, and a shawl, which were pawned by the female prisoner—I produce some other articles, which were pledged by a female, but I cannot recollect who.
JAMES WEST (police-constable E 80.) I went, the room, and found the two prisoners there—I found twelve duplicates on the female prisoner—I searched a mug which was there when I first went, and there was notiing in it—while I was there I saw the man go to it, and put his hand in—I went to it again, and found six duplicates in it, three of which correspond with what the pawnbroker has produced.
John Branch. When you found them, you asked the female prisoner if she put them there—she said, "No," and then you came to me, and said you saw me put them in. Witness. No, I said you, wept towards it, and then I searched and found it.
Hannah Branch. I laid them on the mantel-piece—my husband knows nothing about them—I meant to have got them out again—this man is not my husband.
JOHN BRANCH— GUILTY . Aged 52.)
HANNAH BRANCH— GUILTY . Aged 49.)
Confined Six Months.
JOHN FIGGINS STEPHENS . I live at No. 155, Fleet-street. On the 9th July I was at the corner of Farringdon-street and Fleet-street—I had a handkerchief in my pocket when I left home—I received information, and my handkerchief was gone—this is it—(looking at it.)
CHARLES THORP . I am patrol of Farringdon-street. At half-past nine o'clock at night, on the 9th of July, I was in Fleet-stmt, and saw the prisoners—I knew them by sight—they were together, and appeared to know one another—I saw Jones put his hand into the prosanrtor's pocket, take out the handkerchief, and was giving it to Bowden—I told the prosecutor, and collared both the prisoners—they struggled, Jones got away, and threw the handketchief at my feet—I found a small pan of scissors on Bowden, and this other handkerchief.
Jone's Defence. I heard a cry of "Stop thief"—I was above a hundred yards from this person—he never knew me in trouble before—I am a stranger in London—there is no witness saw me throw the handkerchief away, and there is no mark on it.
Bowden's Defence. I had not been in town above four hours, and was walking down the street—the officer seized me, and said, "I have got you"—I said, "What do you want of me?"—the scissors are my own—I am a tailor—I never saw Jones in my life.
JONES†— GUILTY . Aged 19.— Transported for Ten Years.
BOWDEN†— GUILTY . Aged 27.— Confined Six Months.
JAMES ROPER . I keep a shop in Charlotte-street, Whitechapel. The prisoner came there on the 7th of July three or four times—he looked a some things, but did not buy any—on the following morning I missed this drill and cloth (looking at them) which had been safe in my window at four o'clock the day before.
JOHN JOSEPH REARDON . I am shopman to Mr. Aaron, a pawnbrokes in Whitechapel-road. Last Saturday evening, between five and six o'clock, the prisoner came to pawn a piece of drill like that produced—I saw he was in liquor, and I would not take it in.
MART MINTON . I am the wife of Samuel Minton, and keep a woollendraper's shop, in Duke-street, Aldgate. On Saturday, the 7th of July, the prisoner brought this piece of drill and this bit of cloth to me—I bought the cloth for 1s. 8d.—I did not buy the drill.
GUILTY . Aged 25— Confined Three Months.
WILLIAM BIFFIN . I am a tailor, and live in Bedford-street, Strand. I lost a coat on the 29th of June—I did not miss it till it was brought back—I had seen the prisoner at my shop that day—this is my coat—(looking at it.)
WILLIAM BIFFIN , Jun. I live with my father. On Friday evening, the 29th of June, about seven o'clock, I was walking in Bedford-street, and met the prisoner coming out of my father's thop, with the coat under her arm—I asked what business she had in there—she said she had not been in—she went along the Strand, and ran—I called "Police"—she then said she would come back—when she came back, I called my father down—she put the coat on the counter, and said, "Can you swear to this cost, Mr. Biffin?"—she had it under her arm when I stopped her.
Prisoner's Defence. It was distress—I have two children.
GUILTY .* Aged 38.— Confined Six Months.
EDWARD STOKES . I am a jeweller, and live in Exmouth-street, Clerkenwell. The prisoner was my errand-boy—it was his business to receive money when he was sent out with bills—he ought to pay me the money the day he received it—if he received any money on the 7th of June from Joseph Swindle, he has not given it to me.
Cross-examined by MR. PHILLIPS. Q. How long had he been in your employ? A. About seven weeks—he was in the employ of the persons that I took the business of—I have reason to believe that he was trepanned by two persons of the names of Andrews and Bevis.
Cross-examined. Q. Was this at your master's snip? A. at the door—I did not see any other persons there.
(The prisoner received a good character.)
GUILTY. Aged 14.—Recommended to meroy by the Prosecutor and Jury.
Confined Four Days, and Whipped.
GEOEGE ROBERT DAWSON . On Friday, June the 29th, about ten o'clock, I was walking in St. Martin's Church-yard. I saw the prisoner come behind me, and snatch my cloth cap off—I and my brother ran after him, and hallooed "Stop thief," and Franklin stopped him—the cap has has been found—there were two more boys with him.
Prisoners Defence. I know nothing about the cap.
GUILTY .* Aged 15.— Transported for Ten Years.
MARGARET HOPTON . On Saturday, the 23rd of June, about one o'clock, I placed a quantity of linen to dry in Sir John Gibbon's park, at Stanwell—I received information, and found it was gone—this is it—(looking at it) this jacket belongs to John Hopton, my hutband—this waistcoat belongs to Geroge Hopten—and this linen I had to wash.
Prisoner's Defence. I picked them up in the Queen's highway.
GUILTY . Aged 40.— Confined 8ix Months.
1723. ROBERT ANGELL, MARY ANGELL and JOHN BURRELL ., were indicted for stealing, on the 20th of June, 429 yards of muslin trimming, value 10l.; 68 pairs of cuffs, value U. 10s.; 79 collars, value 7l. 10s. 1560 yards of quilling, value 7l. 18s.; 120 yards of edging, value 1. 10s.; and 47 habit-shirts, value 5l.; the goods of Richard Groucock and others.
JOHN PAUL EVANS . I am in the employ of Mr. Richard Groucock and two others, lace and muslin manufacturers, Bow Church-yard. On the morning of the 20th of June, I left, the warehouse with a parcel, containing; the articles stated—when I got to Shoreditch, I missed tha parcel from my phaeton—these are the articles—I know them by the numbers—they are my masters' property—(examining them.)
JOSEPH REARDON . I am in the employ of Mr. Aaron, a pawn—broker, Whitechapel-road. On the 20th of June the two Angells came to our shop, and brought some muslin trimming to pawn—they said it. belonged to themselves—that they were travellers, and sold such goods, and that they wanted the money for a few days only—I asked where they
purchased them—they said at the house that was Morrison's in Fore-street—I took the property in pledge.
Robert Angell. You are not the man that asked the questionsit was your master. Witness. No; it was me, and I asked for your licence at the same time.
GEORGE COTTINGHAM . I am in the employ of Mr. Garnett, in the Commercial-road, a pawnbroker. I produce some of the goods which the two Angells pawned on the 20th of June—they said they were traveling dealers in the country.
JAMES HARNDEN (police-constable H 28.) I met the prisoner Burrell on the 21st, in Petticoat-lane, with part of this property on him—he was drunk—the female prisoner came up to him, gave him a push, and said "Go on, the policeman will stop you"—Burrell said, "If there is anything wrong it belongs to you, I know nothing of what the parcel contact"—the woman said it was some lace she was going to sell, and if I would sent for her husband he would give a better account of it—we searches Angell's premises, and found some more of the property.
Robert Angel Vs Defence. I was following my trade as a tinker in New Montague-street, Brick-lane—I found the parcel, and picked it up, not knowing what would be the consequences.
Mary Angell. I was with my husband at the time he found it in the road.
Burrell's Defence. I was tipsy, and met with this female, who asked me to have some drink—the policeman came and asked me what I had get—I said I did not know, it belonged to the woman—she said was left and things she was going to sell.
ROBERT ANGELL— GUILTY . Aged 49.
MARY ANGELL— GUILTY . Aged 29.
BURRELL— NOT GUILTY .
Transported for Seven Years.
SARAH HORWOOD . I am the wife of Benjamin Horwood, of Upper Rathbone-place. On the 15th of June, about eight o'clock in the morning I missed the articles stated from the wash-house, where they were left wet the night before—this is one of my gowns—this is all that has been found.
Prisoner. A woman asked me to pawn it.
NOT GUILTY .
SARAH REEVES . I am the wife of Charles Reeves, we live in the Almonry, Westminster. On the 8th of July the prisoner came to the house with a young woman, and went into a room with her—there was a pair of sheets in the room when they went in—and when the prisoner went away there was only one—I went and found him in Tothill-street—I charged him with it, and he dropped the sheet, which is ours.
Prisoner. I met the young woman outside—I went In and gave her 1s. 6d. and she went away.
GUILTY . Aged 24.— Confined Three Months.
DANIEL RIERDON (police-constable R 207.) About two o'clock, on the 9th of July, I was in Hyde-park—I saw the prisoner and another—the prisoner took this handkerchief from a gentleman's pocket, and put it into the flap of his own trowsers—I caught him in the act, and took it from him—the gentleman turned, and said the handkerchief belonged to him, and desired me to give it to him—I told him I could not, but he must come to the station-house, which he did—he refused to give his name and address, and said be did not wish to be exposed.
Prisoner. I have got no flap, it is false. Witness. Yes you have—when I took the handkerchief it was partly in your hand, and partly in your flap—the gentleman did not say he did not think it was you who took it. GUILTY .— Confined One Year.
JOHN ARCHER (police constable G 150.) I was in Hyde-park at the review, on the 9th of July—I saw the prisoner, and watched him—I saw him go behind the gentleman, take this handkerchief which I produce, and put it into his flap—I took the prisoner, and spoke to the gentleman, but he would not go with me—I found this other handkerchief round the prisoner's neck—he said it had no mark on it, but it has a mark.
Prisoner. The handkerchief that he says I took from the gentleman was my own—I took it from my jacket pocket, used it, and then put it into my breeches pocket.
GUILTY . Aged 19.— Confined One Year.
1728. JANE ROSS was indicted for stealing, on the 10th of April, 5 shirts, value 2l. 2s.; and 5 handkerchiefs, value 17s.; the goods of Thomas Hutton: and I pinafore, value 6d.; I napkin, value 6d; and I handkerchief, value 1s; the goods of Morris James Harris, bet master; to which she pleaded
GUILTY. Aged 27.—Recommended to mercy.— Confined Three Months.
1729. JOHN MITCHELL was indicted for stealing, on the 22nd of June, 5lbs. weight of cheese, value 3s. 9d.; 41bs. weight of beef, value 2s., and 2oz. weight of butter, value 1d.; the goods of James Bott.
SARAH ANN COMBER . I am in the service of Mr. James Bott, of Great George-street, New-road. He lost this beef, and butter, and cheese—it was safe at ten o'clock in the evening, on Thursday, the 21st of June—I know nothing of the prisoner—this is the beef and cheese—(looking at it,).
STEPHEN TAYLOR (police-constable S 90.) About six o'clock in the morning of the 22nd of June I was told a person was down the area of No. 72, Great George-street—I went, and saw no one—I called—no one answered—I then rang the bell, and the witness Comber came—I went into the area, and found the prisoner in the coal-cellar, with this beef and cheese tied up by the side of him.
Prisoner's Defence. I was going by, and a drunken man threw my cap down the area—I went down, and this parcel was tied up there—I did not do it.
GUILTY .* Aged 16.— Transported for Seven Years.
JAMES GROVES . I am a boatman, in the employ of Mr. George Sheltone, of West Drayton. On Saturday morning, the 7th of July, about six o'clock, I made my boat fast with a rope on the Grand Junction Canal at Paddington—I went after my horses, and did not return till half-past ten o'clock at night—the boat was then loose right across the cut, and the rope was taken away—this is the rope—(looking at it)—I know it by the splice, and can swear to it.
GEORGE AYRES (police-constable 99 T.). On Saturday evening, about a quarter past nine o'clock, I saw the prisoner by the side of the canal, near the prosecutor's boat, which was then fastened with a rope—I went up my beat, ind returned in about twenty minutes—the rope was then gone, and the prisoner also—I informed the watchman, went round my beat again, and met the prisoner, with the rope in his possession—I asked him where he got it—he said he took it from the boat, and was going to take it home—I said I must take him to the watch-house—he said, if I would let him go he would take it back to the boat he got it from.
Prisoner's Defence. I found the rope.
GUILTY . Aged 45.— Confined Three Months.
WILLIAM THORP . On Sunday morning, the 8th of July, I was walking with two gentlemen—we went as far as Norfolk-street, in the Strand—I heard something, and missed my handkerchief—I saw Norman in charge of the officer.
JAMES HEWITT (police-constable F 50.) I was on duty about one o'clock last Sunday morning in the Strand—I saw the prosecutor and two gentlemen with him, and the two prisoners were behind them—I saw Wells take the handkerchief out of the prosecutor's pocket—he ran up the street with it—I could not perceive what he did with it—I caught him.
COURT Q. Did you not tell the Magistrate more than you have told us? A. No.
COURT. Read what is on this deposition. Witness reads—"I was prisoners following the witness—when they came to the corner of Norfok-street, I saw the prisoner Wells put his hand into Mr. Thorp's coat pocket behind, and take from it a handkerchief and throw it away—the other prisoner was covering him."
ROBERT TAYLOR (police-constable F 87.) I was on duty at one o'clock the Strand, and saw the two prisoners following the prosecutor—I went the prosecutor and told him—he felt and said he had lost his handkerchief.—Wells ran away—Norman was covering Wells, and there was another behind whistling, who I have no doubt got the handkerchief.
Wells. He said at the station-house that I was covering Norman. Witness. No, I did not—when I went to the gentleman, before he well got his hand to his pocket Wells ran away—I had seen the prisoners cross from a court together and go to the gentlemen.
WELLS*— GUILTY . Aged 18.
NORMAN*— GUILTY . Aged 23.
Transported for Ten Years.
GUILTY . Aged 19.— Confined Three Months.
GUILTY . Aged 54.— Confined One Month.
JOHN EPLETT . I live in Highworth-street. I was in Hyde-park last; Monday, the 9th of July, and saw the prisoner with the coat on his back.—I knew it was Mr. Harrison's—I asked the prisoner who he bought it of—he said he bought it of a man, and gave him 3s. for it, and then he said he fought it of another man, and gave him 3s. 6d—I went to Mr. Harprison, who brought an officer, and took him and the coat.
Prisoner's Defence. There was no one with me when I bought it—I told him I met a man opposite the Red Lion—he had a red night-cap on, and a smock.
GUILTY . Aged 14.— Confined Three Months.
THOMAS BERRYMAN . I am an assistant to Mr. John Brown, a linendraper, in High-street, Shadwell. I received information on the 9th of July, and ran after the prisoner—I found this piece of printed cotton on her, which is my master's.
Prisoner. I saw it lying, and picked it up.
GUILTY . Aged 19.— Transported for Seven Years.
Fifth Jury, before Mr. Sergeant Ardbin.
JOHN PARROCK . I am in the medical profession. On the 9th of July I was in Hyde-park, about half-past one o'clock, at the review—I hot a handkerchief, and lost it—I did not feel it taken—the officer spoke to us and he had it in his possession.
JOHN EATON (police-constable S 193.) I was on duty at review—I saw the prisoners, and watched them—they were trying people's pockets with their hands—I kept my eye on them, and saw them go to the prosecutor—Magin put his hand into the prosecutor's pocket, and drew out the handkerchief—Dillon was covering him—I seized Magin, and he threw this handkerchief down at his feet.
DILLON— GUILTY . Aged 15.
MAGIN— GUILTY . Aged 18.
Confined Six Months.
ROBERT HANNAFORD . I am a messenger to the Honourable Society of Lincoln's-inn. On Sunday evening last I was walking with a friend at Great Queen-street, St. Giles's, in deep conversation—a friend behind are told me the prisoner had got my handkerchief—I had had a handkerchief in my pocket, and missed it—I pursued the prisoner, who was walking about twenty yards from me—as soon as he perceived that I was after him, he began to run—I sung out, "Stop thief," but no one stopped him—I ran after him, and fortunately caught him—I said, "You have my handkerchief"—he said, "You shall have your handkerchief, Sir"—I took held of his left pocket, which the handkerchief was in—I took him by the collor and gave him in charge to the constable—the handkerchief was found on him—this is mine—(looking at it.)
WILLIAM LINLEY (police-constable F 68). I was on duty in Queen-street, and saw the prosecutor with the prisoner—I found this handkerchief in the prisoner's left hand coat-pocket—I found another handkerchief likewise on him.
Prisoner. I did not take the handkerchief at all.
GUILTY .* Aged 22.— Transported for Ten Years.
RICHARD WILLIAM EVANS . I am a green-grocer, and live at Goswell-street. I was not acquainted with the prisoner before this happened, but I had seen him several times come to the British Oak, Baltic-street, when I was living with a gentleman, with whom I came up from Portmouth—the prisoner came there to teach the gentleman German—I had boughtl these spoons and tongs to send to my mother, who keeps a shop in the country—the prisoner asked me, on the 9th of April, if I would allow him to show them to a gentleman, a cousin of his, who kept a tavern in Cheapside—he said I coukl go with him if I pleased—I went—when we got there he said, "Don't come in, wait five minutes"—I waited ten minutes, or a
quarter of an hour—I then went in, and found he had passed through the house, and bad not spoken to any one—he had taken the spoons and tongs in with him—he said he would just show them to his cousin, and he should let an order—I have never seen them since, nor the prisoner, till about three weeks ago.
Prisoner. I bought them of you. Witness. No, you did not; I never received a farthing.
JOHN WESTBROOK . I keep a public-bouse in Cheapside. I have one door of my house which leads into Trump-street, and one in Cheapside—I was sent for to know if I knew the prisoner, as this happened at my house—I know nothing of him.
STEPHIN LAWRENCE . I am in the employ of Mr. Peter Pige, a pawnbroker, living in Church-street, Bethnal-green. On the 9th of July I saw the prisoner come to our stall, at a quarter past eleven o'clock in the morning—the took up a gown and rolled it up—she put it down, and went away—the came again and went away three or four times, and when she thought I was buy with other customers, she took the gown up, put it under her showl, and walked away to the next house—I touched her, and took her into the shop—she fell down, and the gown with her—I picked her up and she gown too—this is it—(looking at it)—it it my master's—she swore she would split my head open if I did not let her go; and aft the office she flew at me and tore my hand—it was all blood.
JAMES FREDERICK PAINTER (police-constable G 205.) I received the prisoner in charge, and this gown—she said, "If you touch me, I will stab you with a knife"—she had a penknife in her hand—with assistance, I got her to the station. GUILTY .* Aged 42.— Transported for Seven Years.
1740. JOHN TAYLOR was indicted for stealing, on the 7th of July, 11/2 bushel of oats, value 3s. 6d.; 70lbs. weight of hay, value 3s.; and 11/2 bushel of chaff, value 1s. 6d.; the goods of Nicholas Winsland.
MESSRS. BODKIN and PAYNE conducted the Prosecution.
JAMES SPERRING . I am foreman to Mr. Nicholas Winsland, a builder. On the morning of the 7th of July, between six and seven o'clock, I was on his premises in Duke-street, Bloomsbury—I saw the prisoner, accompanied by a lad, come in there with a horse and cart—I looked at the cart, and saw a sack in it, with something in the bottom of it—that was the only thing I observed in the cart—I then went to the joiner's shop, and saw from the door the prisoner take the sack from the cart and pitch it on the pavement—he then got out of the cart, took the sack, and went into my master's cart-horse stable—I then went into a room, the window of which looked towards the dung-hole, and saw him bring three parcels of hay and put them into the cart, and the boy, who was in the cart, covered the hay over with dung—the prisoner then brought a sack and put it into the cart, and that was covered with dung—the sack presented such an appearance as it would if corn had been in it—the hay and the sack were so covered
that persons would see nothing but the dung—I then went into the counting house and stated what I had seen—the policeman was procoitd, and we waited till the cart went out of the yard—we then stopped it, and took the prisoner—the policeman asked what he had got—he said, "Nothing but dung"—I helped to unload the cart—I found the sack and the hay under it—I saw the sack opened, and it contained corn.
Cross-examined by MR. BALLANTINE Q. Did he tell the police there was nothing but dung? A. Yes; as near as I can recollect—the policeman said, "None of your nonsense, what have you got?"—there might have been some corn in the sack when I first saw it—it appeared to me as if there was a bag in it—it had the appearance of something of a lights substance—there could not have been the quantity of corn in it then that we found afterwards—I was in the store-room above the cart, about thirty feet from it—I believe the prisoner was allowed to go there to take dung away.
HENRY ROBINS (police-constable E 51.) I was called in and stopped the cart at the gate—the prisoner was driving it—I asked him what he had got in the cart—he said, "Nothing but dung"—I asked him three times over, and the third time he admitted that he had got a little corn and hay—he said he had bought the corn of some woman, whose name he mentioned, at Turnham-green, and the hay he said he had taken out of the stable—he said it was sweepings—there was nothing in the appearance of the cart to induce any person to think that there was any thing but dung in it—I removed the dung, and then found a layer of hay, then dung, and then the body of the cart filled with hay, and under that the corn—there was some chaff on the top of the cart—here is five pecks and-a-half of the corn, and seventy pounds of hay—it if nothing like what may be called sweepings.
(The prisoner received a good character.)
GUILTY of Stealing the hay.— Confined Six Months.
1741. MARY JACKSON was indicted for stealing, on the 7th of April, at St. Matthew, Bethnal-green, 1 milk pot, value 1l.; 2 spoons, value 14s.; 1 ring, value 3l.; 1 gown, value 2l.; 1 shawl, value 2l;1 boa value 5s.; 2 petticoats, value 2s.; 3 pairs of stockings, value 4s.; 1 veil, value 7s.; 1 cloak, value 8s.; 11 sovereigns, and 1 half-sovereign; the goods and monies of Sarah M'Clellan, in her dwelling-house.
SARAH M'CLELLAN . I am a widow, and now live in Sebly-street Waterloo-town, but at the time this happened I kept a house in Colling wood-street, in the parish of St. Matthew, Bethnal-green. I was landlady of that house and lived there—the prisoner took a furnished lodging of me and lodged there seven or eight weeks—she left without notice on the 7th of April—I expected her home, and sat up until a quarter-past two o'clock for her—I do not know how she got her living—she was living with a man of the name of Garratt, and went by that name—I missed my cloak that day, and the other property stated on the Tuesday following—I lost eleven sovereigns and-a-half in gold, and the other property was worth about 10l.—the money was locked in a box, which was locked in a drawer—one petticoat of mine was found on her, and the remnants of a silk dress
have been found—these are thern—this cloak and this bio are mine, and were amongst the things I lest;—money, the plate. the ring, and the about things we lost entirely—the frrope'rfy was locked in a drawer—no one could have taken it but the prisoner.
ANN THORNTON . The prisoner came to my house, in Elizabeth-place, bigrow the 7th of April, she was a stranger to me—she came to inquir for a person of the name of Lee—I said she lodged there, but was not at home—she said, would I let her leave a bandle—I said, "Yes," the put it on the bed, and said she would call again—She came back, his Mrs. Lee was sent for—they went up stairs together—I went up stairs same time after, and saw the prisoer putting on a silk dress—I said it the too large for her—she put on a ring, a shawl, a black veil, a boa, and ✗ clock over it—she put on a pair of white silk stockings, rather dirty—she said the had got some of the things out of pawn, and the gown she had made too large in a hurry, and she must alter it.
JANE COOK . I was at work at Mrs. Thornton's, the prisoner came shere and inquired for Mrs. Lee—I said I would fetch Mrs. Lee, which I did—he and the prisoner went up stairs—they called me up—the prisoner asked me to go and buy a little trunk—I went, came back, and told her at would be 4s. 6d.—she pulled out some money, and gave me a halfsoverign—I went and got the trunk—I gave her the change—she then sold me to go and fetch a cab which opened behind, which I did—she took her trunk, and went away in the cab.
EVVZA MATTHEWS . I am eleven years old. I Iive with my father, in Henry-street, Limehouse-fields—the prisoner came to our house, and sent me to pawn this cloak at Mr. Hawkins for 4s., which I did—I gave her the money and the duplicate—this is the cloak—(looking at it)
HENEY PARKER (police-sergeant K 10.) From information, I went on sunday week last to No. 6, Henry-street, and found the prisoner there—I found this trunk which was bought by the witness Cook—I asked the prisoner if it was hers—she said, "Yes"—I opened it, and found this part of a silk dress—the prisoner said it belonged to her—I found another little wort-box, which the prisoner sard Was hers, and in it I found this duplicate of the cloak—I went again the next morning, and under her bed I found this boa.
Prisoener's Defene. I was in Mrs. M'Cleflan's house nine of ten weeks, and used to do for her, and mind her little boy—she brought the cloak to me that morning, and said it was for my use—I do not think she had any silt stockings, but one pair, Which I made her out of a pair of gentleman's silk stockings.
GUILTY . Aged 30; Transported for Fifteen Years.
1742. JOHN LEFEVRE was indicted for feloniously breaking and entering the dwelling-house of William James Gifford, at St. Leoriard shoreditch, on the 11th of July, with intent to steal, and stealing therein, 21/2 value 1s.; and 21/2 yards of fustian, value 7s.; his goods.—2nd COUNT, for stealing 1 pair of unfinished trowsers, value 8 s.
is his dwelling-bouse. About twenty minutes past nine o'clock this morning I was cleaning my room, the first floor lodger called me, and said I had been robbed—I went into the street, and followed the prisoners—I called, "Stop thief," and he threw down this article in the street—I took it up—it turned out to be a pair of trowsers in an unfinished state, or a piece of calico and two yards and a half of fustian—he had got in by throwing up the lower part of the window, and opening a pair of short blinds—I had left the room safe a few minutes before, and the window shut—I had been at work on these trowsers a few minutes before.
MARY ANN VERANT . I lodge in the prosecutor's house—my husband is foreman in a warehouse. I was looking out of my window, and saw the prisoner looking over the blind of the parlour window—I watched him—he threw up the window, pushed the blinds open, took out these trowsers, and ran down the street—I called the prosecutor, and pursued the prisoner—he dropped the trowsers—I still pursued him till Mr. Smith took him.
FREDERICK URLING SMITH . I was going down Pitfield-street at twenty minutes past nine o'clock this morning—I saw the prisoner turn from Butterland-street, and drop these trowsers—Mrs. Verant followed him, and called "Stop thief"—I caught him and took him, about two streets off.
GUILTY . † Aged 21.— Transported for Ten Years.
1743. WILLIAM POND was indicted for stealing, on the 10th of July, in the dwelling-house of John Davenport, 4 sovereigns, 4 half-sovreigns, 6 half-crowns, 29 shillings, and 8 sixpences; the monies of the said John Davenport, his master.
JOHN DAVENPORT . I am a boot-maker. I live in the parish of St. Lawrence, Jewry—the prisoner was my foreman—he had been with me about four months—I saw my cash-box safe yesterday morning—I kept it in my desk in the shop—it contained about 3l. in silver, and some gold making about 14l., some £5 notes, and cheques—I left it all secure about nine o'clock yesterday morning, and went out, leaving the prisoner there in charge—I came back about twelve o'clock, and missed the money stated—I took a cab and went to the prisoner's house—the policeman had him in charge, and he had got 8l. 7s. from him.
WILLIAM MEYER . I am in the prosecutor's service. Yesterday morning after my master had left, I saw the prisoner at my master's dask—I suspected he was looking over some goods—I went to the front of the shop, and stood at the window—I heard something chink under the desk—the prisoner then left the desk, and came to me, and asked me to have some beer—I refused, and he went away—I saw the cash-box under the desk—I went to see what it was, and found it broken open and empty with the exception of one shilling.
EDWARD M'DONALD . I am a City police-constable. I went to the prisoner's lodgings with Meyer—the prisoner was not at home—I left, and went again, and found him asleep in a chair—he was not sober—his wife had searched him, and found four sovereigns, four half-sovereign, and some silver, which I produce—I touched him, and said, "I want you about robbing Mr. Davenport"—he said, "I have done it, I can't undo it, I am done for now, I shall go over the water."
Prisoner's Defence. I was quite tipsy—I did not know what I was about—it is the time I committed a robbery of sixpence in my life. (The prisoner received a good character.)
GUILTY . Aged 25.— Confined Six Months.
OLD COURT.—Thursday, July 12th, 1838.
Second Jury, before Mr. Justice Park.
1744. GOTTHARD RAAKE was indicted for feloniously forging, on the 23rd of May, at St. Marylebone, an order for the payment of £60, with street to defraud Lionel Nathan Rothschild, and others.—2nd COUNT, for ✗uttering the same.—3rd and 4th COUNTS, like the 1st and 2nd, only calling it a warrant, instead of an order.
MR. BODKIN conducted the Prosecution.
FREDEKICK LOUIS AUGUSTUS KIRCHNER . I am principal clerk at the house of Messrs. Rothschild and Co.—the firm consists of Lionel Nathan Rothschild Anthony Nathan Rothschild, Nathaniel Nathan Rothschild, and another. In March last they had correspondence with the house of Sahaff hausen, at Cologne—we had in that month funds in our hands belonging to the house of Schaaffhausen, amounting to a great deal more than 60l—on the 23rd of May, the prisoner came to our counting-house, and presented this letter—(looking at it)—it is in German—this is a correct transation of it—I have compared it with the original—it is my own translation of it.
Treslation read, marked C, addressed to Messrs, N. M. Rothschild and Sons, London.
"Colognethe 23rd March, 1838.
"Gentlemen,—I beg to introduce to you Dr. F. A."Stern, who intends stopping some time in England for scientific purposes. You would therefore much oblige me if you would, may be, procure him the necessary access to public buildings, such as libraries, &c. I also request you, in case he should at any time be in want of money, to pay him, at his desire, to the extent of sixty pounds sterling, as he is accredited with me, and I am consequently prepared to repay you such an amount against his receipt. It will, in similar cases, be my zealous endeavour doubly to out-weigh all the kindness which you may be pleased to show him, and I have the honour to remain.
"Gentlemen, your obedient servant,.
Q. What is the course when such a paper as this is brought to you from a correspondent of yours, who has money in your bands? A. We pay, the person bringing it, whatever he claims on it, to the extent named in it—if he does not require the whole, we write on the letter whatever we pay—we consider a document of this sort exactly the same as a bill drawn on us by a correspondent—we consider it equally obligatory on us to pay it—we treat it just the same if we have the money in hand—I had a general conversation with the prisoner when he presented it—he described himself; as the Dr. Stern mentioned in the letter, and wished to go to the libraries—I did not pay him any money the first time I saw him—he called on the 23rd, and asked for 30l.—it was a few days before the 23rd that he called first and presented the lette—he left the letter then—the letter was produced when he asked for the 30l., and the 30l. was written off—he was paid in my presence, on the credit of the letter—he brought a receipt with him, and asked
me whether that would do—this is it—(looking at it)—hert it a faithrnl translation of it—(read)—"London, 23rd May, 1838. For accounts of Mr. A. Schaaf Thausen, Cologne, to have received of N. M. Rothschild and Sons the sum of 30l. Attosts Dr. F. A. Stern"—he came again on the 25th of May, and then brought with him another receipt for 30l.—this is it, and this is the translation—it is the same words in all other respects as the first. Q. Did you, in the regular course of business, transmit these two reception to the house of Schaaffhausen, at Cologne? A. Yes; and they were returned to us by return of post—I do not recollect when—that would not have been the case if the letter had been genuine—they would have kept the receipts then—this letter, marked A, was also sent with the receipts—when I paid the prisoner the second 30/. on the 25th of May he said he expected some letters addressed to our house for him, and would call again in a few days—he did not say any thing about what the letters would relate to—he said nothing about an estate or inheritance—on the 4th of June, I think, but I am not certain of the date, we received a packet containing these two letters from Schaaifhausen's—one of them is addressed to Dr. Stern, and the other to our house—the London post-mark is the 4th of June—the one addressed to Dr. Stern was sealed—I sent that letter to the prisoner by the Twopenny post, to No. 8, Belgrave-street, south Pimilco—this is the card he left with us—(read)—"Dr. F. A. Stern, 8, Belgrave street, South Pimlico"—the translations of these letters (marked G and H) were not made by me—I have compared them with the original—they are faithful translations.
Prisoner. When I delivered the letter to Mr. Kirchner he addressed me in the German language—he said, "Do yuu want any money?"—I said not at present, I would call again.
FREDERICK GEORGE KIRCHNER . I am son. of the last witness. I was present on these occasions when the prisoner came and received the two sums of 30l.—I paid him myself—on paying him the second sum he stated that he was going to Oxford, and he expected that a further credit would be opened in his favour with Rothschild's house—if so, he wished me to forward the letters to him, poste restante, to Oxfprd—tbe caxd with his address was afterwards left, but in my absence.
THOMAS BELL . I am clerk to Mr. Wilks, an attorney, in Finsbury-place. On the 4th of June I met the prisoner at Greenwich—I had known him before for some years—he had been residing at Leicester, where I formerly resided—he was a teacher of the German language at Leicester—he gave private lessons at bis own lodging—I knew him there by the name of Raake, which he is indicted by—when I saw him on the 4th of June I made an application to him about 100l.—he said he had come to England for the purpose of paying me the 100l., that he had sold his inheritance in Germany, and he had received 60l. a few days previously of Messrs. Rothechild, and that he should have an order for upwards of 5000l., the balance the next morning—I remained with him that night at Green wich, and accompanied him next morning to his lodging in Belgrave-street, south—I remained with him in London the whole of the night—I would not leave him—I took him to the house of a friend of mine, not wishing him to go out of my sight, and next day, the 5th, I went with him to No. 8, Belgrave-street—on arriving there, a letter was given to him by the servant—he showed it to me afterwards—it resembled this (marked H) in the inside—I do not understand German—he told me it was an order for the balance—after that, I accompanied him to Rothschild's—I remained in the bank, but
was separated by a rail from the inner part—I saw Forreitcr take him into custody when he came out.
DANIEL FORRESTER . I am art officer. On the 5th of June I went to Messrs. Rothschild's, and took the prisoner into custody—I searched him, and found this letter on him (letter H)—(translation read.) "To Dr. F. A. Stern, from Hanover, now in England.
"Cologne, 30th May, 1838.
"In obedient reply to your worthy letter of the 15th of April, I thank you obligingly for the proof of confidence which you place in me, by making over to me the receiving of your inheritance from the Pupillen College. It is pleasing to me to be able to announce that the same has already been paid over to me, and that you can have it paid you immediately on the receipt of this, by Messrs. N. M. Rothschild and Sons. I hope you will amuse yourself in England, and have requested Messrs. Rothschild and Sons again to render you assistance for that purpose; and have the honour to sign, "Your most humble servant,
DANIEL RORRESTER re-examined. I went to Belgrave-street, and described the prisoner to the person there—I afterwards traced out a lodging, 13, Red Lion-square, and searched some apartments there which were pointed out to me as the prisoner's—I found these papers—(looking at some)—there in rooms which Mrs. Darby pointed out—the whole of the papers; I believe, laid on a table.
MARY ANN DARBY . I keep the house, No. 13, Red-lion-square. The prisoner lodged at my house for about three weeks or a month, until the day Forrester came—the prisoner had slept there on the Sunday night, the 3rd of June—I pointed out to Forrester the room he occupied.
Prisoner Q. Was there any person lodging with me? A. Yes, in that one room—he was a friend of his, and called himself Dr. Stern—the other person did—they had one bed-room and one sitting-room—they stept together—it was on the first-floor.
Prisoner. We used the same trunks. Witness. I really do not know that.
Prisoner. About a fortnight before I was in custady, my friend left the lodgiings, promising to return in a few days. Witness. He left a week before the prisoner was apprehended on the Sunday—I did not hear him sayhe was to retnrn in eight days.
MR. BODKIH. Q. What name did you know the prisoner by? A. Barteel.
ELIZABETH KELLY . I was servant at No. 8, Belgrave-street, South, Pimlico, when the prisoner lodged there—he went by the name of Dr. Stern—there was another man with him, a friend of his—I do not know what name he went by—the prisoner lodged there a week—the other man was with him the whole, week—they had the first-floor and slept' together.
EMILKUHN. (through an Interpreter). I am clerk to Schaaffhausen and Co., of Cologne. I am acquainted with the hand-writing of the firm—this letter of credit (marked C) is not the hand-writing of any of the firm, or of anybody who writes for them by their permission—there are two partners—it is not the hand-writing of either of them, nor of any clerk who Has authority to sign for them—this letter (B) is the genuine signature of the
firm—the one marked C is nearly an imitation of this—it resembles it—this letter (A) was received by our house, and this letter (B) was the answer transmitted to it—these letters (G and H) are not genuine letters—they purport to come from our house—they are not the hand-writing of the firm or of any person authorised to sign their letters.
The following letters were then read. (A.)
"Mainzer Hof, March 12, 1838,
"SIR"—I should feel obliged to you for letting me know whether any bill, to the amount of 48l. 6s. 10d. drawn by me upon Mr. John Smith, 331, Strand, London, payable at Messrs. Payne, Smith, and Payne, of Lombard-street, London, or at yours, till the 4th of March, 1838, has yet been paid to you, or if not to send word to me when such payment should reach you.
" I have the honour to be, Sir, your obedient and humble servent,
"DR. F. ASTERE." (B.)—Translation. "To M. Dr. F. A. Stern, Hotel de Mayence, Eu Vill.
" Cologne, 13th March, 1838.
"In reply to the letter which you did me the honour to write to me.
yesterday, I have to inform you, that there is not yet come to hand from England any advice of a credit for you. If any such should arrive here at any time, I will not fail to advise you of it.
"Accept, Sir, my compliments,
Signed)" SCHAAFFHAUSEN AND CO."
G.)—Translation. "To Messrs. N. M. Rothschild and Sons, London.
"Cologne, 30th May, 1838.
"I take with pleasure the permission to accredit with you Dr. F.A Stern, who I hare already recommended to you, and now in England, for the sum of 5, 456l. As said gentleman might probably remain some what longer in England, I beg you will confirm to him such sum, and you can draw upon me the amount of your reimbursement, three months date, at the most favourable exchange. With the request to deduct the amount perhaps already received from the above, and recommending Dr. F.A. Stern to your further friendship,
"I sign with respect, and remain your obedient Servant,
(The above letter was among the papers found at the prisoner's apartment in Red-lion-square, and is a copy of the one received by Messrs. Rothschild, on the 4th of June, per post, accompanying letter H.)
F. G. KIRCHNER. re-examined. (Looking at the papers found at to prisoner's lodging)— these two papers are in German—they are duplicates of the receipts for the two sums of 30l.—these are other German letters, and have the signature of Schaaffhausen and Co. written several times—it is an imitation of the signature of the second partner of the firm—this paper is a verbatim copy of the forged letter on which the indictment is framed, with the signature of Schaaffhausen attached to it—I cannot say whose hand-writing it is in—this other paper is a sort of sketch of the same letter.
prisoner's Defence. I am a foreigner, and have no counsel—I hope you will do the same to me, my Lord, as if you were my counsel—I am only imperfectly acquainted with the English language, and hope I shall have your indulgence—as far as regards the forgery, I have to say, about five months ago I left England with a friend, a member of Pembroke College, Cambridge, named Colonel Bartlett—I could not return to my native country because I was privately implicated in the Polish revolution—on this account my friend told me to take the name of Dr. Stern, a friend of his—I came to Aix-la-Chapelle, where Bartlett informed me he should remain a few days to see a friend—I went on towards Cologne, but Bartlett told me, if I got to Cologne, I might inquire at Schaaffhausen's whether my thing was sent for a person called Dr. Stern—I told him I would do so, and I wrote to know the particulars, as I travelled in the name of Dr. Stern—I received the note in answer, that nothing had been sent for Dr. Stern, and I sent the letter to my friend—I left Cologne, and came to a town in Hanover, named Osnaburg—I there met Bartlett again by appointment—he asked me whether I could lend him some money—I said yes, and lent him some, requesting him to give me security—he told me he had a letter of introduction from Schaaffhausen, of Cologne, to Messrs Rothschild, which belonged to his friend Dr. Stern, and I might take that for security; that the sum of 60l. was mentioned in it, and I might deliver it in his friend's name, and receive the amount—I went with him to Hamburgh, and came over to London—after being about ten days in London I went to Rothschild's, and delivered the letter of introduction—in a few minutes Mr. Kirchner came and informed me that Mr. Rothschild could not see ne then, but would be glad to see me next morning—he addressed me in the German language, and asked if I would have a little money now—I said no, I would call again—I called about three or our days after delivering the letter, and wished 30l., which was paid me—Mr. Kirchner asked if I would have all—I said not at present, but I would call again—I gave a receipt, which had been given to me by Bartlett—about eight days after Irecdved the first 30l. I again went, and received the other 30l., and gave the second receipt which had been given to me by him—I then told Mr. Kirchner I expected a letter from Germany, and in case It should arrive, he would be kind enough to let me know—about eight days after receiving the money, the letter was sent—I went to Rothschild's, but the letter did not state what sum I was bound to receive, but it said, by producing the letter I should be paid—on coming into Rothschild's office, Mr. Kirchner asked if I had brought the letter which had been sent to me—I took it out of my pocket—he took it out of my hands, and left me alone in his office, and a few minutes after, Forrester came and took me into custody—About six months ago, when I came to London, the witness Bell visited me, and took tea with me, and after tea he asked me if I felt inclined to go to the theatre—I said I had no objection—he told me he had money with him, and if I would be kind enough to take care of it till the morning—I said yes, and he gave 100l. into my care—he and I went to a tavern—Bell did not return next morning for his 100l., and in the afternoon I was obliged to go out, and being in want of money I took 10l. of it—I afterwards met my friend, and he asked me for some money—I told him I had money of Mr. Bell's—he persuaded me to let him have some; as he would write to Cambridge, and in a few days he should be able to return it—on the 3rd of June I went to Greenwich, and met Mr. Bell, who
said he was obliged to give me into custody—we went bock to London, and on the road he said if I could make a settlement with him he would not give me into custody, but in case I did not, he would put me into custody—Bell said I had told him I had to receive money from Germany, but I think he must be mistaken in that—I said I had to receive some money but did not mention any amount to him.
Prisoner. Several papers were found in my lodging—I had another person lodging with me at the time—I do not know by whom they have been written, by him or not—but he left the lodging, promising to come back, and I have never heard any thing of him since.
GUILTY on the 2nd and 4th Counts.— Judgment Respited.
1745. GOTTHARD RAAKE was again indicted for stealing, on the 18th of January, 20 spoons, value 5l.; 4 forks, value 1l.; 2 ladles, value 2l.; and 1 pair of sugar-tongs, value 5s.; the goods of William Tyrrell, clerk.
JANE GARDENER . I am at present residing at Sfppingnarn, near Eaton. At the time in question I lived with the Reverend William Tyrrell, at a village, two miles from Leicester, as housekeeper—the prisoner was in the habit of coming there twice a week, for the last twelve months, to teach the German language to Mr. Tyrrell—he ceased to attend at the end of December—my master had some plate in his house, it was kept in a spare room, near master's study—the articles for the family use were left out is that spare room—on the 15th of January, this year, I had occasion to go to where these things were kept—the room was not kept locked, but the drawer, in which the plate was, was kept locked—I found it unlocked, and the key in it—it had been locked before, to the best of my knowledge—I missed about twenty table, or dessert-spoons, ten tea-spoons, about twenty silver forks, two silver ladles, and one pair of sugar-tongs.
DANIEL FORRESTER . I went to Mrs. Darby's house, in Red Lion-square, on the 8th of June—the prisoner's rooms were shown to me—I saw Mrs. Darby put her hand into the pocket of a portmanteau, which was open, and she handed me several duplicates—I have two of them here—one pawnbroker has given up the plate—Mrs. Darby afterwards delivered me two duplicates.
MARY ANN DARBY . I live in Red Lion-square. The prisoner came to lodge at our house about the 1st of May, with another person—the prisoner went by the name of Bartells, and tike other as Dr. Stern—they remained there about three weeks—the prisoner's companion went away a week before he was taken up—when Forrester came, I gave him some duplicates out of a portmanteau in the bed-room.
RICHARD TEBBS . I am shopman to David Trail, a pawnbroker in Amwell-street, Pentonville. I know the prisoner—he first came to our shop on January 18th, and pledged six dessert-spoons—and on the 20th he brought ten tea-spoons, and on the same day four dessertsr—they are marked "W T"—he gave his name "William Tell, No. 23, River-street"—we
asked they were his own property, he said they were—the three duplicates produced are what I gave him.
WILLIAM ROBSON . I am in the employ of Mr. Wood, St. John's-streetRoad. I have four silver table-forks and two ladles, pawned on the 22nd of January, in the name of "William Terry"—the initials "W T" are on them—I lent 3l. on them—I put that name on the duplicates—I am not sare the prisoner is the man, but I believe he is—I have seen him before.
Prisoners's Defence. About five months ago, when I was lodging in River-street, my friend Bartlett lodged opposite me—when I came to him one day, he told me he had some silver things he made use of at Cambridge, and asked if I would take and pawn them—and some of them I pawned.
GUILTY. Aged 30.— Judgment Respited.
Before Mr. Justice Littledale.
1746. MATILDA SUTER was indicted for feloniously assaulting Ann Donovan, on the 29th of June, and stabbing and wounding her, with intent to maim and disable her, or to do her some grievous bodily harm.
MR. PAYNE conducted the Prosecution.
ANN DONOVAN . On the Thursday of the Coronation I was in Hydepark fair. I was returning home between six and seven o'clock on Friday morning, with a female, who is not here—as I passed Pickett-place, Temple-bar, near 8t. Clement's Church, the prisoner stood by a ginger-beef stall—I asked what it was a bottle—she told me a penny—I told her to open me a bottle, which she did—I put my hand into my pocket to pay for it, and found I had got but three farthings—I told her I had got but three farthings, and was very sorry, and was walking away—I did not drink it—she followed me, and asked if I was going to have it—I told her I could not, for I had only the three farthings, which I offered her, but she did not take it—she turned back to her stall again, and followed me, with a knife in her hand—sh made an attempt at my head, which I rose up my hand to prevent, and I received a very deep wound on my right hand—she took me by the throat and held me against some shutters which were not open—she stabbed me twice in my stomach and in my leg—I do not know how, but I found my leg was cut, and my shoulder, but that did not penetrate the skin—I heard somebody call a policeman—he presently came to my assistance, and I gave her in charge—I followed her to the station-hbnse, and she was detained.
Cross-examined by MR. CHAMBERS. Q. What are you, and where do your live? A. I am a married woman—my husband is a carpenter, living at No. 14, Wotten-street, Cornwall-road—I live with him—I was returning form the fair, and had lost my husband in the crowd in the Strand—I was going over Blackfriars-bridge—it would be shorter to go over Waterloobridge, but I accompanied a female down Wych-street—I only knew the afterwards—there believe she saw all that took place—she saw me home afterwards—there was not a soul besides me and the female at the gingerbeer stall—there was no man there—I did not drink any of the ginger-beer—I did not take up the glass—I did not take up a bottle—I was not quite sober, but knew what I was about—I am perfectly certain I did not snatch up the bottle—I was passing away towards Temple-bar when she followed
me—not particularly quick—the prisoner afterwards seized hold of me to prevent me going away—I did not struggle to get away.
COURT. Q. She seized hold of you before she stabbed you? A. Before she had the knife at all, she seized hold of me, and asked if I was going to have it.
MR. CHAMBERS. Q. Do you mean she had never taken up the knife before? A. Yes; she had to open the ginger-beer; but she had not get it when she followed me the first time—she had nothing in her hand then—I do not think she had any thing—the glass of ginger-beer was on her stall at this time—she caught hold of my frock behind as I was going away from her.
JOSEPH DARLEY . On the Friday morning after the Coronation, I was in care of a cab near St. Clement's Church, and saw the prisoner behind a ginger-beer stall—my cab was so situated that I could see—I saw the prosecutrix and another female about six o'clock, or a little after, go up to the ginger-beer stall—I was not near enough to hear any conversation that took place—I saw the prosecutrix talking to the prisoner, as if she was asking for a bottle of beer—I saw one bottle opened—I saw the female and the prosecutrix walk away—the ginger-beer was not drank—the prisoner went after the prosecutrix—she did not reach her, but turned back and went to her stall again—she was about two steps from her when the turned back—I saw the prisoner follow her again, and saw her lay hold of her and stab her in the hand with a knife—she then stabbed her two or three times in the belly—I then went for a policeman—I got one, named Field, who took the prisoner into custody—I could not go with him to the station-house.
Cross-examined, Q. Were there any persons at the stall when you see the two women go up? A. Only the prisoner—I saw the prisoner pouring out the ginger-beer into the glass—I did not observe two or three persons come up to the stall while she was doing that—the street was not very much crowded—there were not many persons coming from the fair at that time—there might be two or three low, drunken persons coming along—I did not notice them—I observed the ginger-beer stall before this happened—there were no persons there making a row—there might have been two or three words between the prosecutrix and the prisoner—I did not see what became of the bottle of ginger-beer—the bottle was on the stand—I did not see what Donovan take the glass of ginger-beer up, but she did not drink it—she did not put it to her mouth—she was feeling in her pocket for the money, and put it down again, as she had not enough.
WILLIAM FIELD (police-constable F 128.) I was called by Darley on the morning of the 29th. I saw the prosecutrix and the prisoner—the prosecutrix was bleeding at the hand when I came up—I asked her who did it—she pointed to the prisoner, who was about two yard from the stall—I took her into custody.
Cross-examined. Q. You took the knife, I believe? A. No; I inquired for it, but it could not be found—they said it had fallen on the ground—there were between thirty and forty persons round when I got up, of rather a low class—I had just dispersed a quarrel at a brothel, and some of the people had come round—besides these persons, there were a great many rioters and low persons coming from the fair that night—I had seen the prisoner about ten minutes before this happened—I do not know that any persons had attempted to take her ginger-beer without paying for it.
GUILTY of an Assault only. Aged 37.— Confined Six Months.
NEW COURT.—Thursday, July 12th, 1838.
Fifth Jury, before Mr. Recorder.
BRADFORD JEFFERIES . I am in the service of Mr. Thomas Beckensale King, of King-street, Covent Garden—he is a linen draper. On the evening of the 4th of July, I saw the three prisoners at my employer's shop—hey were at the door first, standing talking—they then came into the shop, and Reeves asked to look at some calico—I showed it her, and she desired me to cut off three yards—I cut it off, and she then wished to see reel of white cotton, and purchased it—during that time the prisoner Hughes took from the counter two pieces of printed cotton and placed them under her shawl—Reeves then asked me to show her a reel of black cotton, but as I had seen Hughes take the print, I sent Reeves to the other tide of the shop to get her black cotton—Pearce and Reeves then other to the other side of the shop, and Hughes left the shop with the print under her shawl—she got a few yards from the door when I stopped prisoner, took it from under her shawl, and brought her back—she had not bought any thing—I sent for a policeman who took the prisoner—I delivered the cotton to the officer—this is it—(looking at it)—it is worth 1l.
Pearce. I was not aware of any thing of the sort—what I wanted I paid for.
Witness. She did so, and Reeves bought a reel of cotton at the other counter I believe, but I did not serve her—Reeves and Hughes denied all knowledge of each other, but I had seen them in our shop together a fortnight before.
Reeves. No, I did not; I said I had a slight knowledge of her.
Witness. She said, "I do not know them"—and Hughes said, "They have nothing to do with me—they do not know me."
Reeves. Q. Did I not say I had a slight knowledge of her? A. You did not tay so at the station-house—you said the next day at the office, or just before you went in, that you had slept together.
Hughes's Defence. I did not take it to steal it—I went in with the two females to purchase the calico, and the witness Jefferies began larking with me—I turned away from the counter, and whether I knocked the cotton down or not I do not know—I took it up when it fell down, but I had not got out of the shop.
HUGHES*— GUILTY . Aged 20.— Confined Twelve Months.
PEARCE and REEVES— NOT GUILTY .
1748. JOHN HANDS and CHARLES DIXON were indicted for burglariously breaking and entering the dwelling house of George Brown, about the hour of twelve in the night of the 27th of April, with intent to steal, and stealing therein 3361bs. weight of whalebone, value 30l. the goods of the said George Brown.—2nd COUNT, calling it a warehouse instead of a dwelling house.
MESSRS. PHILLIPS and CHAMBERS conducted the Prosecution.
GEORGE BROWN . I live at No. 10, Foster-street, Half-moon-street, in the parish of St. Botolph, Bishopsgate. On Friday night, the 27th of April, I fastened up my warehouse, between eight and nine o'clock—it is separated from my house, and no one sleeps in my warehouse—the next morning I went to my warehouse about six o'clock—it was not fastened as I had left it—the front door was closed to, but unbolted—I bolted it inside when I left it and then I went through the yard to my own house—I fancied that some of my own people had concealed themselves in the warehouse, and then unbolted the front door and gone out and pulled the door to after them—I had fastened the door with an iron poker and two bolts—the poker was taken out and laid on the bench—I missed twenty-eight bundler of whalebone—on that night fortnight I saw some of the whalebone I had lost at the Spitalfields station—a man of the name of Marsh was in my employ at the time I lost the whalebone, and James Moneghan also.
JAMES MONEGHAN . I was in the employ of Mr. Brown, the prosector and am his nephew. On the 11th of May I went to the house of a man named Robert Marsh—I went with Marsh, in a cab, to the bottom of a street, and in a little time the prisoner Dixon came—I had before Dixon came had some conversation with Marsh about the whalebone—when Dixon came up Marsh was present—when Dixon came up he addressed me in the presence of Marsh, and said to me, "Give me the money; I will give you the bone"—I said I would not before I got the bone—Dixon said he could not trust me more than I could trust him; how did he know that there was not somebody watching—he then told us to get into the cab—Marsh, Dixon, and I got into the cab, and we went to Bell-lane, Spitalfields—I observed, while Dixon was in the cab, that he was looking out at the cab door all the while—when wearrived opposite the door of No. 2, Bell-lane, it was about a quarter before eleven o'clock at night—the street door was open, I think—Dixon took me in, and into a dark room—he laid hold of me, and put my hand on the bone—he said, "Now are you satisfied! here is the bone; give me the money"—I said, "Yes," and I gave him 10l.—my uncle had given me 12l., but he told me to keep back as much as I could—there was some higgling about the additional 2l.—Dixon said he would not let me have the bone without I gave him the other 2l.—I said to Marsh, who was present, "Don't you think I deserve 2l. for my trouble Bob?"—Dixon said he would give me 1l.—I said, "No; I will have 2l.—I kept the 2l., and was in the act of removing the bone away, when the policeman took me and the bone—I was taken to Worship-street the next day.
GEORGE CHRISTOPHER HYMNS . I live in Harp-alley, Long-alley, Moorfields. I know Robert Marsh and the two prisoners—I was at the Robin Hood and Little John public-house, in Skinner-street, Bishopsgate, about twenty minutes past nine o'clock, on the night of the 27th of April, when Marsh and the two prisoners were there—I know Mr. Brown's premises—I and my father used to work there—his warehouse is fifty or sixty yards from the Robin Hood and Little John—Marsh staid there till about twenty minutes to ten o'clock—he then went out, and the two prisoners went out about ten minutes after Marsh did—the prisoners came back in about five
minutes, or rather better, and then Dixon changed his hat for a cap with a young man in the tap-room, and then Hands changed his hat for a cap with a man of the name of Herbert—Dixon then said to the inan he changed with, that he was going after some whalebone in Foster-street—Hands was dose to him—Marsh was not there then—the prisoners then went away, amd in about a quarter of an hour or twenty minutes I went out to go home—in my way home I saw the two prisoners at the corner of Long-alley, which is about sixty yards from the public-house, and twenty or thirty yards from Mr. Brown's premises—there is a way from the corner of Long-alley to Mr. Brown's premises, up Peter—street—the prisoners had the caps on their heads, and I observed under the side of Dixon's coat a dark cloth—it seemed a kind of towel cloth, or wrapper—I heard Hands say to Dixon, "Come, on, Charley; we shall be too late"—they then went on, towards Peter-street, in the line to where Mr. Brown lived.
Cross-examined by MR. PAYNE. Q. Whose employ are you in? A. My father-in-law's—he is a bricklayer—I have been employed by him about eleven months—before that I was in the employ of Mr. Self, of Watling-street—before that I was out of a situation for a long time—I was in Bridewell for three months, as I was enticed away by a young man to pick pockets—that is the only time I was in custody—I was not in Mr. Brown's employ, only doing bits of jobs with my father—I know his premises well—I had been on them once or twice—I knew Marsh some time—I know nothing of Moneghan.
COURT. Q. Did you give information immediately when you found they were going to Foster-street? A. No—Mr. Brown came to me—there was a man of the name of John Groom in the public-house when this robbery was talked of—I spoke to him, and he said, "Never mind, let them get their living in the best way they can"—Groom was a kind of pot-boy in a house in Long-alley, but he did something, and is gone away—there was Herbert and Atterbury, and others in the public-house—I do not know what has become of Marsh—I have not seen him since the night the robbery was done—I do not know what the prisoners were waiting for from the time they went out of the public-house till I saw them—I am quite sure I did not get nearer to the prosecutor's premises than within thirty yards—I went straight home, and told my father-in-law of it.
Hands. I never was at the Robin Hood that night—I never met this witness at the corner of Long-alley—I never changed my hat with any one—Herbert is now in the Compter for stealing lead.
GEORGE DEVEREUX BOLTON (police-constable H 49.) About eleven o'clock on the night of the 11th of May, I saw a man with a horse and cab—I stopped opposite No. 2, Bell-lane—I did not see anybody go into that house—I looked in, and I saw Moneghan and another person come to the door—I could not ascertain who that other person was—they came to the door, looked out, and then went in again, leaving the door open—I went over to the house, and saw Moneghan in the act of removing a bag, which was very bulky, out of the front room in the dark, into the passage—there were a number of persons outside round the door, but no other (person in the passage—I had some conversation with Moneghan, and kept him in custody—he gave me an account of the whalebone, and what he gave for it.
May, about eleven o'clock, I went to No. 2, Bell-lane. I found a bag containing whalebone in the passage—I went into the parlour—there was no light in the parlour—I had my lantern before me—I found in the parlour two more bags, which also contained whalebone—I took the three bags to the station, and have kept them ever since—these are them—(producing them.)
JOHN FOWLS . I live in Brook-street, Ratcliffe. I drive a cab. On the 11th of May the witness Monegban came to me first, on the Bishopsgate-street rank—he said he wanted a cab—when we got near the corner of Bell-lane he told me to stop, and we were joined by two persons—the whole three then got into the cab—I drove to Whitechapel, and at last stopped at No. 2, Bell-lane, by their direction—they all three went into the house—I did not see any policeman watching then, but there was one almost directly afterwards—in about a quarter of an hour after the three persons went into the house, two of them came to the door again, and when they had gone in, I saw Moneghan come with a bag, almost to the door, and the policeman took him.
JOHN ALLEN (police-constable H 34.) I took the prisoner Dixon into custody on the 24th of June, in Austin-street, Bethnal-green. I asked him if his name was not Dixon—he said, "No, my name is John Martin"—said I had information of the whalebone robbery, and I believed he was concerned in it, he said he knew nothing of it.
DANIEL PAMPLETT . I am a City-patrol. I knew Dixon before the 24th of June—on that day he was brought to Bishopsgate watch-honse—I was called out of bed, and came down to see that it was him—he was sitting with his hat right over his eyes, and was hanging hit head down—I said, "Hold up your head"—I took off his hat, and said "It is Dixon"—he used to have two beautiful curls, one on each side; and they were then both cut off—I believe he said, "My name is Dixon"—I had seen him a short time before the 11th of May, at the corner of Sun-street, and he ran away—he knew I was after him, as I had been to his mother's house, where I knew he resided—I wanted him for this robbery—I received information, and went to Chatham on the 28th of June, and found Hands and took him—I told him what I wanted him for—he said he knew nothing about it.
(Property produced and sworn to.) NOT GUILTY .
1749. JOSEPH CLARKE was indicted for stealing, on the 4th of July, 3 sovereigns, 2 half-sovereigns, 15 crowns, 859 half-crowns, 1639 shillings, 435 sixpences, and 84 fourpenny-pieces, the monies of William Gurney, his master—also, on the 3rd of July, 1 shilling, the monies of the said William Gurney, his master; to which he pleaded
GUILTY . Aged 26.— Transported for Seven Years.
1750. JOHN WALKER was indicted for stealing, on the 25th of June, 3 £10 Bank-notes, and 3 £5 Bank-notes, the property of Fredrick Mansell, his master, in his dwelling-house; and JOHN FLETCHER for feloniously receiving 2 £10 Bank-notes, and 2 £5 Bank-notes, part of the same, well knowing them to have been stolen; against the Statute, &c— 2nd; COUNT, for receiving, harbouring, and maintaining the said John walker; against the Statute, &c.; to which Walker pleaded
GUILTY. Aged 17.—Recommended to mercy by the Prosecutor .
Transported for Seven Years.
MR. BODKIN conducted the Prosecution.
FREDERICK MANSELL . I reside in Myddleton-square, and am an engraver. John Walker was in my service as foot-boy, and wore a livery—on the 24th of June, I placed three £10 notes and three £5 notes in a drawer, in my bed-room—I locked the drawer, and went out of town that day—my pupil, George Winter, had a duplicate key of the drawer—I returned the following day—the drawer had then been opened, and the notes taken away.
Cross-examined by MR. PHILLIPS. Q. Had not Walker absconded? A. Yes—I returned about seven o'clock the following evening.
GEORGE WINTER . I am a pupil of Mr. Mansell's. On the 24th of June I went to the drawer, where the notes were kept—I took out a £5 note, and gave it to Walker to get change—he brought the note back, as he could not get change, I replaced the note in the drawer, and locked it—I placed the key on the chest of drawers, when I went to bed at night, that it might be handy in the night—in the morning, when I dressed myself, I missed the key—Walker had not left the house then, but he left about three o'clock, and gave no notice at all—I procured the drawer to be opened, and all the notes were gone.
MARY LAZARUS . I live at No. 112, East Smithfield, opposite the London Docks. On the 25th of June, between one and two o'clock, Walker and Fletcher came to my shop to purchase a waistcoat—Walker was in livery—they bought the waistcoat, and Walker paid for it with a half-sovereign—there were two watches hung behind my counter—Walker said he should like to purchase them, one for himself and one for his brother—he bought the two for five guineas—he gave me a £10 note—I did not give him change, as I suspected the note—I have not the note now—it was passed two or three days after—the change I have here—Walker said he wanted a coat, and my servant went out to get one, and in the interim, Walker said he must go for his master, Mr. Savory, and he would return in a quarter of an hour.
Cross-examined. Q. Did Fletcher speak at all? A. Not at all.
JOSEPH HOPPE . I live in the Minories. On the 25th of June, Walker and Fletcher came to my shop—Walker bought a frock-coat for 15s., and a pair of trowsers for 6s.—he left his livery, a coat, waistcoat, and trowsers with me for 5s.—they were very much worn.
WILLIAM SUTTLE (police-constable R 96.) On the morning of the 26th of June, I was in the Kent-road on duty about a quarter after six o'clock—I saw Walker and Fletcher together—Fletcher had a bundle—I asked him what he had in it—he said some things he had been buying at Mr. Carnarvon's, at the Broadway, Deptford—I found two or three shirts in it; one had been on, and the others were nearly new—I searched Walker, and found on him a watch, and 5s.—while I was searching Walker at the station, I saw Nicholls pick up some notes—Fletcher was a yard or a yard and a half from Walker, at that time—I was between them both—the notes that Nicholls picked up could not have dropped from Walker.
COURT. Q. Why not? A. He was such a distance, that they could
not have dropped—they might have been thrown—Fletcher said, "you threw them at me."
MR. MANSELL re-examined. Two of these notes I can swear to; the others correspond in amount with what I lost.
FLETCHER— NOT GUILTY .
Before Mr. Common Sergeant.
1751. ELLEN OSBORN was indicted for stealing, on the 30th of june, 1 nightcap, value 1s.; 1 quarter of a yard of muslin, value 6d.; 1 printed book, value 6d.; and 2 1/2 yards of silk, value 1s. 6d.; the goods of William Baker, her master.
SARAH BAKER . I am the wife of William Baker, of West Ham, Esser, I hired the prisoner to assist me—she came last Saturday three weeks, and went away on Saturday week, the 30th of June——the next morning I missed the cap, and book, and silk—these are the things—(looking at them)—I was present when they were found at the prisoner's mother's house, on the Tuesday—her mother had this cap on her head—the prisoner had this other part of the property in her own hand.
GUILTY . Aged 19.— Confined Three Months.
1752. THOMAS MANDERS was indicted for stealing, on the 22nd of June, 1 pair of drawers, value 2s.; 2 pairs of stockings, value 1s. 6d.;2 combs, value 2d.; 3 knives, value 8d.; 1 razor, value 2s.; 1 shaving-box, value 4d.; 1 brush, value 4d.; 1 razor-strop, value 3d.; 1 box, value 1s; and 1 pair of trowsers, value 6d.; the goods of Richard Tall; and 1 pair of boots, value 10s.; 1 jacket, value 10s.; and 1 pair of breeches, value 1s. 6d.; the goods of Henry Spashett; to which he pleaded
GUILTY . Aged 15.— Confined Six Months.
Before Mr. Recorder.
MICIHAEL DAINTRY HOLLINS . I Jive in Calthorpe-street, and am a medical student. I went to Woolwich to see the Review on the 5th of july—I perceived something at my pocket—I turned, and the prisoner was immediately behind me—I accused him of having stolen my handkerchief—I saw him put his hands under his coat, as if hiding something—he said he had nothing of mine—he went off—I followed him, and found my handkerchief under his coat, at his back—this is it—(looking at it)—there is my mark on it, and one corner is torn off—I gave him into custody.
JOHN BRADFORD (police-constable A 76.) I was at the Review, and observed the prosecutor—I heard him say to the prisoner, "You have got my handkerchief," and I saw him take it from under his coat—I found four more handkerchiefs, a cork-screw, a penknife, and a pin was in the handkerchief, which was round the prisoner's neck—these four handkerchiefs were tucked in his breast—this cotton handkerchief was in his hat.
Prisoner. I went to the Review—two of these handkerchiefs I had got out of pawn the day before—I was behind this gentleman—he said I had picked his pocket—I said I had not—I was walking away, and he said, "Here is the handkerchief"—the policeman came and took me, and said, "This will do for a case"—I have a wife and two children, and my friends are at Brighton.
JOHN BRADFORD re-examined. I did not say, "This will do for a case," nor any such thing—I said to the gentleman, "Can you swear to the handkerchief?"—he said, "Yes"—here is, "SC" on one, "8L," and "A G," and "C C," on the others.
GUILTY . Aged 44.— Transported for Ten Years.
Before Mr. Recorder.
1754. JOHN MASON was indicted for burglariously breaking and entering the dwelling-house of Dennis Gregg, about the hour of ten in the night of the 28th of June, at Woolwich, with intent to steal, and stealing therein, 1 blanket, value 4s., his goods.
ELLEN GREGO . I am the wife of Dennis Gregg, a labourer, and live at Woolwich; we have the house to ourselves. On the night of the Coronation, the 28th of June, I left my bed and blanket on the ground—floor, near the window—I left the house about a quarter to nine o'clock—I left the door fastened, the window down, but not the shutters fastened—I came home a few minutes before ten o'clock, and missed one blanket—I found the window down, and the door locked—the window might be raised up, and put down again—there was plenty of time before nine o'clock to open the window.
JAMES CHANDLER . I am shopman to Lewis Davis, a pawnbroker at Woolwich. I heard that Mrs. Gregg had lost a blanket, and about a quarter past eleven o'clock, on the morning of the 29th, the prisoner came and offered a blanket in pawn, which I produce—I stopped him and gave him in charge.
ANN HALTON . I did not know the prisoner, but on the 28th of June, a little before ten o'clock, he called on me and asked me to buy a blanket of him—I said "Where did you get it?"—he said his father was dead and had left him in possession of it—I said I did not want it—he said he had had no victuals, and would be glad of 6d.—I gave him 6d. and told him to call for it in the morning—he left it that night and called rather before eleven o'clock, and took it away with him—he did not pay me the 6d., but said he would if it laid in his power—when he brought it to me at night he said
the pawnbrokers' shops were not open, and he could not pawn it to get victuals.
Prisoner. She was going to give me 3s. for it. Witness. I was not he asked 3s. but I had not the money.
Prisoner's Defence. I did not stea e blanket—a young man asked me if I knew who would buy it—I said would go and try—I went to Mrs. Halton—she gave me 6d., and said she would give me 2s. 6d. more the next day.
GUILTY* of Stealing only. Aged 19.— Confined One Year.
Before Mr. Common Sergeant.
JANE SMITH . I am the wife of Samuel Smith, and live at Lewisham, in Kent. About four o'clock on the 26th of June, I was near the shop of John Goss Fleay, and saw the prisoner and another standing at his door, and presently the prisoner had this bundle—the other, who was a very respectable looking man, took it off a bundle of prints in the lobby, and gave it into the prisoner's apron—they went off, one, one way, and the other, the other.
JOSEPH JAMES WALTERS . I am a coachman. I was standing at the Centurion about four o'clock that evening, and saw the prisoner come along with a bundle—soon afterwards I saw the prosecutor's young man and the policeman—I gave them information, and took the prisoner with this bundle—it contained this print.
GUILTY . Aged 20.— Transported for Seven Years.
Before Mr. Sergeant Arabin.
WILLIAM TRODD . I am a tinman, and live at Woolwich. The prisoner took my lodging with her husband a month ago last Saturday—they passed as man and wife—they hired a ready furnished room at 4s. 6d. a week, and occupied it—the man started away on Saturday morning, but the woman remained till Sunday evening at half-past ten o'clock—I never received a farthing from them—the prisoner went without notice—I went into the room and missed a counterpane, a blanket, and a sheet—the prisoner was taken last Sunday about twelve o'clock—this blanket and sheet are mine.
told me to pawn this blanket—I took the money and duplicate to the prisoner—I believe it was a shilling I got on it.
Prisoner. I was in distress at the time—I expected to get the money, but could not—I never resisted.
BENJAMIN LOVELL (police-fterjeant R 15.) I received this certificate of the prisoner's former conviction from Mr. Wild's office, at Maid stone—the prisoner is the woman that was then tried and convicted—(read.)
GUILTY . Aged 28.— Transported for Seven Years.
JOSEPH EDGAR . I live in Lawrence-lane, Cheapside. I was at Woolwich at the Review on the 5th of July, and had a handkerchief in my pocket—I did not feel it taken, but the officer touched me and asked me if that handkerchief was mine—I then missed mine, and the officer had it in his hand—this is it—(looking at it)—I had had it about five minutes before.
JAKES WILD (police-constable R 141.) I was on duty in plain clothes on Woolwich-common—I saw the three prisoners together behind the prosecutor and another gentleman—the prisoners were talking together—I saw Allen take something white from the prosecutor's pocket and pass it to Cooper—I laid hold of Cooper with this handkerchief in his hand, as he was about putting it into his trowsers—another officer took M'Carthy and Allen.
GEORGE COLLINS . I am an officer. I was there about three o'clock that afternoon—I saw the prosecutor and another gentleman—the three prisoners followed them—the prosecutor got to the front to look at the artillery, and the prisoners closed in upon him—I saw Allen stand close against his coat—I followed close, and stood behind M'Carthy—I had not been there above a minute before there was a bit of a rush and a bustle—I suspected something had been taken—I saw M'Carthy's hands down ready to receive any thing, and Allen's hand was against the prosecutor's pocket.
COOPER— GUILTY . Aged 19.)
ALLEN— GUILTY . Aged 19.) Confined Six Months.
M'CARTHY— NOT GUILTY .
Before Mr. Recorder.
EDWIN CARTER . I Iive in Bedford-row, St. Thomas-street, Southwark. I was in High-street, Southwark, on the evening of the 22nd of June—I missed my handkerchief—a person passing called my attention to it—I had used the handkerchief shortly before—the prisoner was pointed out—he was running—I stopped him—he was searched in the station-house, and this handkerchief luund on him—it is marked with my name.
Prisoner. I did not take it out of his pocket—there were other person walked behind him, and I saw them have a handkerchief in their hands—it was thrown down, and the gentleman came to me and asked me for it I had taken it up—I did not know it was his—I was not running. witness Yes, he ran round the corner of the Hall—I ran and took him.
MICHAEL SEBRIGHT (police-constable M 41.) I took the prisoner—he requested I would not collar him, and said it would do great injury to his character as he was an apprentice to a smith—he said he had not got the handkerchief—I unbuttoned his trowsers, and found it in the seat of his trowsers.
GUILTY . Aged 17.— Confined One Year.
GUILTY . Aged 15.— Confined One Year.
GUILTY .— Confined Six Months.
Before Mr. Sergeant Arabin
1761. JAMES WELLESLEY was indicted for burglariously breaking and entering the dwelling-house of John Simpson, at Lambeth, about two in the night of the 27th of June, with intent to steal, and stealing therein, 1 handkerchief, value 5s., his goods.
JOHN SIMPSON . I am a watchman to Mr. Field, at Upper Marsh, and live in the parish of Lambeth—it is a house let out in apartments—I live on the ground—floor. On the 27th of June, I left it at ten o'clock at night, and fastened it all up safe—the windows and all were fast, and the door double locked—I took the key with me and went to Mr. Field's premises to watch—I returned about two o'clock, as I was fetched—I found the panels of the door broken in—my trunk was open, and my clothes all lying in different places—I cannot say whether I had left the trunk locked or not—I lost a promissory note for £31. 9s., which I have never got, and a silk handkerchief—I know nothing of the prisoner.
SARAH PINDER . I live in Brook's—court, Upper Marsh, and occupy the first-floor of the same house as the prosecutor. About two o'clock on the morning of the Coronation day, I was not in bed, I heard a great noise in the passage—I opened my door and asked if anybody was there—nobody answered—I had my candle in my hand—I went down and found the street-door wide open, and saw the panel broken in by the side of the wainscot of the prosecutor's room—the street-door is locked up at ten o'clock at night—not left on the latch—I put my head into the panel of the wainscot, where they had broken in, and inquired if anybody was there—nobody answered—I went to the steps of the door and called out "Watch, and "Police," and the prisoner was the first who jumped through the broken panel—I had seen him once or twice before, going up to a person who lived on the second-floor—there were two men in the prosecutor's room—the other escaped—I am sure the prisoner was the first who came
through the panel—I swear it positively—I had seen four or five of them thinking about the house before.
Cross-examined by MR. KEENE. Q.? Did you see any other person with the prisoner? A. I cannot swear to the other; there was another followed after him, who tried to strike me by the side of the head; but I received it on the shoulder: they both escaped and ran up the court—I on the step of the door when he struck me—I work at embroidery, and up late—the street-door is always on the latch—I first stated the prioner to be the man when I went to Union-hall—a female was taken, who was in company with the young man—I did not give another boy in charge I knew the prisoner before.
BENJAMIN WILLMORE . I am a private watchman in the neighbourhood, and live in the court. On the night of the 27th, I was on duty from twelve o'clock till six in the morning—I heard the alarm given, and pursued one person, but could not see which way he turned out of the court—I saw the prisoner and three other persons along with a female, from half-past one o'clock till after two, loitering about the door—the female lodged in the upper part of the house, and I considered that he had come home with her—the prisoner stood on the threshold of the door, when I passed several times.
THOMAS WILLIAM REDFORD . I am a policeman. I had information of this, and went in search of the prisoner, who was described to me—I apprehended him on Sunday, the 1st of July, in Windmill-street, New-cut—when I took him, he flung himself up, and made a most desperate I draggle to get away—I was obliged to send for more assistance—I got him down on the ground—he said, "What do you want me for?"—I said, "Forbreaking into a house in Upper Marsh"—he said, "I shall not go I with you"—I said he should—he struggled Tery halrd all the way to the station-house, and when he got there, he said, "This is a capital offence, is it not?—I said I believed it was—he said, "Then I am very sorry for it; if I can only get over this, I shall turn a very different life altogether." GUILTY . Aged 19.— Transported for Fifteen Years.
WILLIAM WILLSON . I am a surgical instrument maker. The deceased Frederick George Willson was my brother, and was a master optician—he was forty-nine years old, and lived in Tower-street—I was not present at this transaction.
Cros-examined by MR. CLARKSON. Q. I believe he was a stout, powerful man? A. He was stout, but not particularly powerful.
CATHERINE SHRUBSHALL . My husband is a boot-closer. I knew the deceased—the prisoner was a costermonger—we all three lived in the same home—between eleven and twelve o'clock, on the night in question, he was in the front-parlour, which Mrs. Partridge occupied—Mrs. Partridge, "is mother, and the deceased were sitting at supper—a knock came to the door—it was the prisoner—I opened it—he was very much intoxicated—when he got up four or five of the stairs I shut the door—he turned round and abused me, saying, I had. slammed the door, and had no business to do it—I said, "I had not"—I walked into the front parlour, and shut the door—he came down stairs—came into the room, and made use of very improper language—he said, I was a liar, and had slammed the
door—the deceased said, "Make use of better language before women you had bettergo up stairs"—he said, "I shall not," and asked the deceased if he had any thing to do with it—the deceased said, "Go up then made a rush at the deceased, and said he had nothing to do with it—I cannot say whether he touched him or not—it was as if he want to quarrel with him—his hands were open—I heard Mrs. M'Carthy my Good God, don't strike the man"—that frightened me—the prisoners hands were close to the deceased at the time, and he might have had hold of him, but I cannot say he had, my fright was so great—a young woman the prisoner lives with ran down, caught hold of him by his neck-handkerchief and desired him to come out—she dragged him down the kitchen stairs to take him from the deceased, and I think the deceased went to the street door—the prisoner rushed up from the kitchen stairs, made a blow, knocked the candle out of Mrs. M'Carthy's hand, and went towards the street door—I went there, and saw the deceased standing with his arm on the hand-rail to save himself—the prisoner had him round the waist, trying to push him off the steps—I laid hold of the deceased's shoulder, and turned back into the passage—I heard a noise, went to the street door, and saw the deceased lying on his back, and the prisoner on him—he died twelve days afterwards—he had every attention paid him.
Cross-examined. Q. Are you a married woman? A. I am—I do not know where my husband lived—the deceased was not related to me—I am in mourning for him—I had the back attic, and front kitchen—I never saw a blow struck—I saw one aimed when the candle was knocked out—the prisoner said I was a liar, and more than that—the deceased did not turn round and say the prisoner was a liar, and not I—not to my knowledge—the next day, when the prisoner was taken up, he went with the deceased and several others to the Catherine-wheel to drink together—the deceased went before the Magistrate to charge him with the assaults—I cannot say what happened at Union-hall—I was outside—I saw the deceased and the prisoner come out—I do not think they came out together, but a very short space after each other—the deceased said he was very bad indeed, and they went to drink together—I do not know the name of the public-house—I did not shake hands there with the prisoner, to my knowledge—I will not swear I did not—the prisoner was behind in hisrent—Willson received the rent—they have brought it down to me—I have not received it on my own account—I know nothing about the deceased asking the prisoner to pay him something on account of rent when they was at the Catherine-wheel public-house—I saw the deceased give him 3s. when they were going home.
ANN PARTTRIDGE . I was at the house whpn the prisoner came—he was very drunk—the door was opened to him—he went up stairs, and abused Mrs. Shrubshall, and she came into my room—the prisoner came down pushed open my door, and used very abusive language to her—Willson demonstrated with him, told him not to use that language, and that he had better leave the room; he had no business in my place—he said "your place! it is not your place"—I said it was my place, and "Go out"—with that he seemed to make a blow at Wills on, who had done nothing but demonstrate with him—I think he went to hit him in the face, but wilson put his head aside, and avoided it—I was so frightened, I ran out of the room—I heard somebody say, "Good God, do you mean to choke the man—the person he lives with came down, and pulled him down the kitchen
stairs and kept him there a few minutes—he swore most dreadfully—wilson got out of the room, and stood in the porch of the door—the prisoner got out up the kitchen stairs, made a blow, and knocked the candle out of my mother's hand—I got out of the way, and saw no more till I saw willson lying in the road, with the prisoner on him.
Cross-examined. Q. When the prisoner called the woman a liar did you the deceased say that it was not she that was the liar, but him? A. After he had used most foul language, I heard the deceased say, "She is not a liar; you are"—that was in the presence of Mrs. Shrubshall—we all there together—we did not all jeer at him—the laugh was turned me—we did not laugh when he came into the room—the laugh was when he went up stairs—it was not loud enough for him to hear—it was it my husband being out.
MARY M'CARTHY . I was in the house—the prisoner came home drunk he came into the room, and used very improper language—Willson told him to go up stairs—he did it quietly, and never offered to strike him in the room, nor anywhere, that I saw—Willson told the prisoner he was the liar and not Mrs. Shrubshall—with that he made a blow at him, and Willson fell back on the bed, and smiled at him—I do not know whether the blow hit him, but he got hold of his collar and made two blows at him, but whether he hit him I cannot say—his wife came and dragged him down the stairs rushed from her,'came up, and went out at the door—I knew no more till I heard "Murder" called—I heard him say, if Willson would come down in the yard, he would smash him—I afterwards saw Willson the street, and the prisoner on the top of him.
ELIZA BROWN . I live in Tower-street. I heard screams of "Murder" the street, between ten and eleven o'clock—I got out of bed, and saw two men on the steps of the door, apparently scuffling together—they immediately fell into the kennel, with their faces to the curb—that was all I I believe it was the deceased and the prisoner.
JOHN CONSTABLE . I am a policeman. Between eleven and twelve o'clock I heard a cry of "Police," and "Murder"—I ran towards No. 1, Gilbert buildings, and saw the prisoner and deceased together, on the top of the steps—there were four or five steps going up to the house—I saw them struggling together, and all in an instant they fell down into the street—Pritchard was on the top of Willson—I assisted a woman in getting him' off, and took him to the station-house—Willson charged him with the assault, and not pressing the charge next day, he was discharged by the Magistate—he said at the station-house, that I might lock him up, and be d—d—he was very drunk.
ROBERT LITTLE HOOPER . I am a surgeon. The deceased came to my house four days after this, on the 16th—he was very ill at the time, and, from the symptoms, I concluded he had inflammation on his lungs—he mentioned the violence that had been used towards him—I asked why did not apply for medical assistance before—he said he had been to the hospital and was bled there, and they had examined him, and his rib was not broken—he went home, and I attended him at his own house—he did not get out of bed after that—he died on the 24tb, which was eight day from the time I saw him—on a post-mortem examination, I found one rib on his left side fractured—all the other organs of the body were in a perfect state. expect the lungs, which were highly inflamed—that was occasioned by the fractured rib—the immediate cause of death was inflammation of the
lungs, which were in a perfectly healthy state, except the recent inflammation which I am confident proceeded from the broken rib not being attentended to—I seldom ever saw a lung so healthy as it was, with that exception.
Cross-examined. Q. Was he a fine, strong, powerful man? A. No was—the rib had not penetrated the lungs, but the membrane covering the lungs—fractured ribs generally get well, if attended to.
COURT. Q. A violent fall on the pavement might fracture the rib?A. No doubt of it.
MR. CLARKSON to CATHERINE SHRUBSHALL. Q. During the four day, was the deceased at home? A. He was at home, and in bed at times—he had nothing to drink but a little spruce beer, for he could not take it, I am confident of that, while he was with me.
COURT. Q. Was he ill? A. The whole time—he never did any work—he could not touch it, and took nothing but one little lamb chop, and assoon as he ate that he brought it up.
GUILTY . Aged 28.— Confined Three Months.
Before Mr. Justice Vaughan.
RICHARD JONES . I live at No. 68, White Horse-street, lambeth I have known the deceased, William Walker, these four or five years he was a carman—I saw him alive the last time on the 24th of May, about eight o'clock, in the Hogs public-house, Broadwall, Surrey—I was him come in, he was rather tipsy—the prisoner was sitting on the opposite side of the tap-room—Walker crossed over to him, and said, "Ben, have you got any beer?"—the prisoner said, "Yes, will you drink, Bill"—after he drank, Walker began to quarrel with him—they only had work in the tap-room—the landlord stepped in—the prisoner begged the deceased to be quiet several times, but he would not—the landlord said, "Now, Bill, be quiet; if not, one or other of you shall go out"—he would not be quiet, and the landlord put him out—he was outside about ✗ minutes—I then observed the landlord let him in, on his saying he would be quiet—he went across the room to Burlingson again, and began with him, and caught hold of Burlingson's pint of beer, and flung part of it over the landlord, and part over Burlingson—they went to very high words, and Walker said'to him, "Come outside, if you will, I will have a turn-up with you"—he said so three or four times—Walker went out and the prisoner begged him to be quiet—he did not want to fight at all—he was very much averse to it—but Walker went out to fight, and the prisoner went out at last—there was no fighting, it was merely catching bold other and throwing down—Walker threw the prisoner down at the them first falls—I thought he had broken his back at the first fall, but they met together again, and Walker had the next fall, and that was all I saw of it—he fell on the main road, not on any curb—it was a macdamised road—there were no seconds—the moment he fell, I went in and fineshed my beer—it was a regular throw—he fell upon his head—he because insensible, and not able to speak—he was not ill used at all when he was down—there was no foul play at all—the prisoner was a little in liquer the other man seemed to be giving a great dfeal of provocation—the prisoner begged of him to let him alone.
Cross-examined by MR. BODKIN. Q. Was not the deceased the strong-at man? A. Yes, he was younger—I saw the deceased's father there, and he begged him to come away—I did not see the deceased throw his ✗ down—he challenged the prisoner several times before he would go out, and taunted him and provoked him to fight.
WILLIAM WALKER . I am the father of the deceased. I was not at the public-house—I saw the prisoner and him together after it commenced—I was called out, and found my son in the act of fighting—I met him, stoping he was coming home—I clasped him round the middle, and begged him to come home, but he would stay and fight—he broke out of my arms and became entangled with the prisoner—I saw them fall both together three times, and believe the prisoner had the worst of it—I did not see my son fall, for I was pushed away, and did not see the last fall—I went to him after he was down, and found him insensible—he appeared to be hurt in the back part of the head—I helped to take him home—this was near nine o'clock in the evening—I put him to bed comfortably—no surgeon saw him that night—and the next morning we thought he got better, but he died on the 22nd of June—beleived a month and one day—the surgeon, first saw him on the Saturday morning, as it happened on Thursday.
EDVARD MELVIL DOLMAN . I am an assistant to Mr. Doubleday, a surgeon. I was called in to the deceased on the morning of the 26th of May, and found him in a state of stupor—on examining him I found a slight confusion on the side of his head about two inches above the left other—I bled bun—inflammation of the brain was coming on—he lived till the 22nd of June—he improved a little about a fortnight after I first saw him, hat the same symptoms of mischief about the head continued—we did not examine the body after death—he had first of all concussion of the brain—inflammation followed that, accompanied by fever, and that inflammation was the cause of. death—I do not know whether there was any abscess—I have no doubt at all that his death was caused by the fall—the Coroner asked if we thought a post mortem examination necessary, but we had no doubt of tea being caused by the fall, and the friends objected to it.
Cross-examined. Q. Are you able to say his death most have been caused by a fall?
A. There was concussion of the brain.
GUILTY. Aged 36.—Recommended to mercy. Fined One Shilling, and discharged.
before Mr. Cammon Sergeant.
1764. SARAH HILLIER was indicted for stealing, on the 20th of june, 2 handkerchiefs, value 1s. 6d.; 6 yards of lace, value 4s.; 9 yards of ribbon, value 1s.; 13 pain of stockings, value 16s.; 2s. seals, value 2s.; 1 brooch, value 1l. 10s.; 1 pair of scissors, value 6d.; 1 apron, value 1s.; 2 quires of paper, value 1s.; 8 yards of muslin, value 12s.; and 5 yards of fennel, value 4s.; the goods of Anne Dickson, her mistress.
ANNE DICKSON . I reside in Dobson-terrace, Kennington-road, Surrey. The prisoner was in my employ—she left on the 21st of June—after she was gone I missed the handkerchief, the brooch, the paper, and other things—soon afterwards I met her in the street and gave her in charge—I went to her lodgings, and searched a box and bundle that she had when in my service them I found all the articles named—these are mine—(looking at them)—know the box and bundle.
Prisoner. Q. Did you not give me the black pieces to make an ✗ Witness. No—all the ftockings are mine, and they are mostly marked Prisoner. The plain stockings are my own—I took the marked ones, GUILTY. Aged 19.—Recommended to mercy by the Prosecutrix
Confined Three Months .
1765. SARAH HUGHES was indicted for stealing, on the 28th of June, 58 yards of printed cotton, value 1l. 9s.; 1 handkerchief value 4s.; 24 yards of calico, value 10s.; 1 pair of stockings, value 2s; ✗ sovereigns, 4 half-sovereigns, 4 crowns, 16 half-crowns, 18 shillings and sixpences; the goods and monies of James Simpson, her master.
JAMS SIMPSON . I am a linen draper, and live in the Londoo—road, st. George's. The prisoner lived servant with me about eight days—when she was going, I desired to see her boxes—she said she was never asked such a thing before—I said I would see them—she ran down stairs, come up again and opened them—I saw three print dresses and some calico—I get an officer, and went on searching the boxes, and found a silk handkerchief a pair of stockings, a pair of gloves, and another print dress, which made four—I had not missed any money at that moment—I hare missed ✗ sand upwards—I had missed sovereigns and silver—I found in her box 4l., 10s., in gold, and 1l. 18s. 6d., in silver—I believe it to be mine.
Prisoner. I gave you warning—the things and the money I brought with me from Lewes. Witness. I have the marks on the calico—the print was marked, and I have several of the same pattern—I had not sold them.
RICHARD NEWBEBT (police-sergeant N 3.) I was called, and found the articles and the money now produced—I never heard of the prosecutor having lost any gold—he did not say any thing about having lost any money when it was found in her box.
JAMES SIMPSON re-examined. The first time I found I had lost money, was after I had been to Union-hall—but on the 2nd of July I suspected I had lost some, because I saw a new shilling in her box—I know I have lost this money, because I took the money every night, and I am that deficient—I had not balanced my cash after she came into my service til she was taken—we have tried, and her keys opened the drawers of my bed room room, where my bag of money was.
Prisoner. I brought 10l. with me—I used to be a dress-maker—I had about 8l. left. Witness. The print was in one box and the money in another—since she was at Union Hall, I have found a great deal more property put into the copper.
GUILTY . Aged 23.— Confined Nine Months.
1766. JAMES PAYNE was indicted for stealing, on the 30th of may, 1 watch, value 1l. 10s.; 1 watch-chain, value 2s.; 1 watch-key, value 3d. 1 handkerchief, valne 5s.; 1 shawl, value 1l. 5s.; and 1 shirt, value 3s. the goods of Henry Robert Moore; and ELLEN COREY for feloniously receiving, 1 handkerchief, part and parcel of the said goods and chattels she well knowing them to have been stolen; against the statute,&c.—3rd COUNT, charging Corey as an accessary after the fact.
employed the prisoner Payne to clean the paint of a room, on the 30th of may—we sat down to tea at seven o'clock—he left the house, and after he was, gone I missed a watch, shawl, shut, and handkerchief—this is my watch and handkerchief—(looking at them)—I heard of it on the 31st of may—the duplicates were sent down to me on the Sunday following, the 1st of June, I believe.
Payne. On the day I left your house I sat down to tea. Witness. Yes; and left immediately afterwards—you did not stop with my wife after I was gone to feed the cows.
JOHN GREGSON . I am in the employ of George Seekers, a pawnbroker. the prisoner Corey came on, the 31st of May, with another person, and she pledged the handkerchief in the name of Ann Corey, No. 4, rose-street.
corey. It is very false, I never was in the shop at all.
WILLIAM TUCK . I am in the employ of Thomas Miller, a pawnbroker, in the Kingsland-road. On the 1st of June, a silver watch was pawned for 13s. by a man in appearance similar to the prisoner, in the name of Gallear—I am not certain whether it was him—the ticket is my writing—it was a man about the prisoner's size—I do not think I hare sufficient recolllection to say whether it was him—it would fetch about 17s. or 18s; J AMESBRANNAN (policesergtant G 20.) I have known the prisoners some time, and seen them together—I know them to be acquainted.
Pipe's Defence. He and his wife went out, came home at seven o'clock, and then I had tea, and my uncle the prosecutor, went out to milk a cow—I said to him, "Good night"—I went to my aunt and stopped with her half an hour, and then my aunt said. "you have not finished painting"—I said no—she said, "Never mind, I will finish it tommorow"—I had nothing when I left his residence.
PAYNNE†— GUILTY . Aged 18.— Transported for Seven years.
COREY— NOT GUILTY .
ADJOURNED TO MONDAY, THE 20TH OF AUGUST