CENTRAL CRIMINAL COURT.
SIR >JOHN COWAN, BART., MAYOR.
TENTH SESSION, HELD AUGUST 20, 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, August 20, 1838, and following Days.
Before the Right Honourable Sir JOHN COWAN , Bart., LORD MAYOR of the City of London; Sir John Bernard Bosanquet, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir John Taylor Coleridge, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir Thomas Coltman, Knt., one other of the Justices of Her Majesty's Court of Queen's Bench; Sir Claudius Stephen Hunter, Bart.; Matthias Prime Lucas, Esq.; Charles Farebrother, Esq.; and Thomas Kelly, Esq.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City; Sir Chapman Marshall, Knt.; Thomas Johnson, Esq.; John Pirie, Esq.; Thomas Wood, Esq.; and Christopher Magnay, 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. TENTH SESSION.
A star (*) denotes that a prisoner has been preciously in custody—An obelisk (†), that a prisoner is known to be the associate of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, August 20th, 1838.
First Jury, before Mr. Recorder.
1767. THOMAS STUDLEY and WILLIAM BIRD were indicted for feloniously receiving, of a certain evil-disposed person, on the 30th of May, 31 pieces of mahogany, value 8l., the goods of James Kerr, well lowing the same to have been stolen.
MR. CLARKSON conducted the prosecution.
JAMES KERR . I am a chair and sofa maker, and live in Clipstone-street, Marylebone. In March, 1837, I purchased a mahogany outside flitch of Mr. Roberts, of John-street, for making the back legs of chairs—it was what is called plum-pudding mahogany—it has a speck like plumpudding—I employed a person named Warner to saw the wood for backlegs of chairs—it would be necessary to saw away some circular pieces-in April I bought the other flitch off the same log—that was all that Mr. Roberts had—that was cut into thirty-six back-legs—after these seventy-two pieces were cut up, they were put out on the front of the shop for seasoning—I had used some of them, but I never sold any—they are not turned—I only sell chairs entire—I thought about Christmas there did not seem so many as there should be out of door—on the 30th of May, Stadley's brother came to me-in consequence of what he stated I applied to Mr. Rawlinson, the Magistrate, and went to the prisoner Studley's shop, in Castle-court, Castle-street, which is about a quarter of a mile from me-when I got there I saw the two prisoners, Studley and Bird, at work—it was a chair-maker's shop—I inquired for Studley and Bird, and they were pointed out to me—I asked if they had got such things as back-legs of, chairs cut out of five inch, or five and a half inch flitches of wood—they said they had got nothing of the kind—I cannot say which answered—I think it was Bird—I asked if they ever purchased such things—they said they did not, they always bought the plank and cut them out themselves—I saw about half a dozen legs standing behind one of their benches—I took up one of them, and said, "This is my wood." I then called up the officer, who was down stairs, left him in the shop, went to the office, obtained a search warrant, and returned immediately—I gave it to the officer—he searched the shop, and I pointed out all my wood to him that I could see—I found fourteen or fifteen back-chair legs, I should think to the shop, and sixteen that were cut into thinner legs—I have a
piece of the wood that has been cut away from the semicircular part, and other legs to match—I told the prisoners I knew the wood—that I bought it of Mr. Roberts—they said they had bought it from Mr. Roberts—the other pieces were found, some behind the journeymen's bench, and some in a loft, and ten pieces put up in a rack out of the way—I think I lost about two dozen, or two dozen and a half—the quantity I found there would not make it up—there are some of the pieces not cut, and there are some of the pieces cut down—(looking at them)—I never saw pieces for sale in this state.
Cross-examined by MR. PHILLIPS. Q. What time of the day did you go to the shop? A. About ten or eleven o'clock-about five men altogether were in the shop, these two and three others—they were all at work—it had the appearance of a chairmaker's shop-wood was scattered about in all directions—there was more mahogany of this sort—I have sought after James Studley, the prisoner's brother-Warner is to be found any day—he works for Mr. Studley now—I have not seen him there.
COURT. Q. When did he leave you? A. I only employed him occasionally, perhaps half a day or a day once in two or three weeks.
MR. CLARKSON. Q. Was Warner taken into custody? Yes, and charged with being the thief-from the time I received the information from Studley's brother, I have not been able to find him—the Magistrate was obliged to discharge Warner, and then admitted these two persons to bail.
HENRY WILLIAM MORRISON . I am a constable. On the 30th of May I accompanied Mr. Kerr to the prisoners' shop, in Castle-court—I waited in the shop while he went for a search warrant—I then showed it to the prisoners, and told them that I was searching for back legs of chairs—I found five pieces behind the bench of Bird—some of them were cut down, and some were entire—I found about nine under the bench, some covered the with other timber, and others exposed—there were some beams over the benches to support the premises, and I found about sixteen or seventeen there—I called both the men together, and said these pieces Mr. Kerr had identified as his; how could they account for it; but they need not say any thing unless they chose, as they would have to go before the Magistrate-Studley said, "I bought the wood of Mr. Roberts"—I asked him how long since—he said about six or seven months-Bird said about five months, or thereabouts—Mr. Kerr went with me and the two prisoners out of the shop-as we went along I asked who cut these back legs out, and Bird said, "A man of the name of Warner"-Studley said "Warner" also—I asked how long they had been cut—they said, "About three or four months"—I asked where Warner lived—they said they did not know; they could not find him-Bird, upon a question put to him before the Justice, said he had a bill at home of this timber that he bought of Mr. Roberts—the Magistrate allowed him to go and fetch it—this is the bill he afterwards produced—(producing it)-Warner was apprehended as the thief, but Studley's brother was not forthcoming, and he was discharged.
Cross-examined by MR. BODKIN. Q. There was other wood in the shop? A. Yes, and the men were employed in making chairs-when I said I had a search warrant, they said, "Very well," and went on with their work.
JAMES ROBERTS . I live in John-street, Tottenham Court-road,; and am a timber merchant. Mr. Kerr is a customer of mine—the two prisoners have occasionally bought of me—on the 3rd of March last year I sold Mr. Kerr an outside flitch of Spanish mahogany, and the following month
he had the other outside flitch—I know what is called the plum-pudding spot—I purchased the log from which these legs came, with others—this in the wood I sold to Mr. Kerr, I am positive—on the 2nd of February first, the prisoners bought some mahogany of me—this is a bill of parcels of mine—on the 2nd of February, I sold them to the amount of this bill—I do not recollect the amount—that was quite a different kind of wood from this, and from a different cut-Bird came to my house a few days before I was called to attend the Justice—he said there was was some bother about some wood that Mr. Kerr had come and owned on their premises, and his partner was then in Marylebone Office—he asked if I would furnish him with an invoice of what I sold him, and I gave him this invoice—it had no reference at all to the wood produced.
JURY. Q. Is any of the mahogany in this invoice applicable to the purpose of making chair-legs? A. Yes, as much as the other is.
STUDLEY— GUILTY . Aged 36.
BIRD— GUILTY . Aged 26.
Recommended to mercy by the Jury.
Confined Six Months.
SAMDEL GOODCHILD (police-constable A 36.) I was in Charley-street, Westminster, on the afternoon of the 25th of July, between twelve and one o'clock—I met the prisoner with this mat under his arm—he went down Duke-street, and on to the Parade—there I stopped him, he said he came from Charles-street, Pimlico, and was going to Charles-street, Chelsea—I asked how he came that way—he told me different stories—I took him down to the watch-house—he there said a man gave it him—I said I knew it was false—then he said he took it out of a door-way, in a line with the Horse Guards.
ROBERT SCRUTON . I live at No. 16, Parliament-street, and am a messenger to Messrs. James Thomas Dorrington, and others, Parliamentary agents. I Know this mat—I believe it is their property—it was part of the furniture of the house where they carry on business—we lost it on the 25th of last month—I saw it about twelve o'clock in the passage, between the outer and inner doors—the staple it was fixed to goes through the post of the inner door—I cannot swear whether it was fastened—it might have been merely hooked on.
JOHN EXTON (police-constable P 117.) I produce a certificate of the prisoner's conviction from the office of Mr. Gilby, deputy Clerk of the Peace of Westminster—I know the prisoner by sight—he is the same person that I took into custody—(read.)
GUILTY . Aged 19.— Confined Three Months.
WILLIAM ROWE . I live in Chiswell-street, Finsbury-square. On Saturday afternoon, the 28th of April, I was in King-street, Snow-hill, between three and four o'clock in the afternoon—I observed the prisoner pass me very suspiciously, and felt my handkerchief was gone—I followed the prisoner—he was taken at the corner of that street by an officer—the handkerchief was found on him there, and the snuff-box at the station-house—they were both mine.
Prisoner. I picked the handkerchief up.
MR. ROWE. I should say certainly he could not pick it up—the pocket was perfectly sound.
Prisoner's Defence. I picked the handkerchief up-when the officer took me I had had it in my hand five minutes.
(The prisoner received a good character.)
GUILTY .* Aged 18.— Confined Six Months.
GUILTY . Aged 28.— Confined Three Months.
GUILTY .* Aged 18.— Transported for Seven Years.
GUILTY .*— Transported for Seven Years.
OLD COURT.—Tuesday, August 21st, 1838.
Second Jury, before Mr. Recorder.
GUILTY . Aged 22.— Transported for Seven Years.
EDWARD BOWMAN . I keep the Caledonian Arms public-house, New Chalk-road, Holloway. On the 30th of June I met the prisoner, about half-past twelve o'clock at night, in Whitfield-street, in company with-an other female—she asked me to accompany her home, and I went to No. 20, Southampton-street—after stopping there some time, she wished me to go to bed—I was tired, and did—I pulled off my clothes—I had money in all my pockets—I had seven sovereigns and a half, some silver, and some halfpence—I was quite sober—I awoke at six o'clock in the morning, and the prisoner was gone—she had not intimated that she was going—I examined my waistcoat and trowsers pockets, and missed all my money except some halfpence—my watch was on the table-M'Hale, the officer, came in, and I told him of my loss—I am certain I felt my money safe when I pulled off my clothes—I saw the prisoner in the station-house on Monday, and am certain she is the woman.
Prisoner. I met him in Seymour-place, Somers-town, stupidly drunk, without any coat on, and all over mud—he said if I would let him go with me he would give me a compliment—I said "No, you are not sober"—he followed me-at last we got home and went to bed, and I asked him to be so kind as to be up to his word—he said, "I have no money about me
now, but I will see you another time"—I said, "Then you had better go away"—he said "No"—I said, "If you don't I will get an officer, I can't stop longer in your company, as I must get my living"—I went out and came back—he made an uproar that he had lost his money, the policeman came to me, and I said, "If he thinks I have his money, here am I." Witness. I had no conversation with her about paying her any compliment—she did not wish me to go away, nor did she say she would go herself—I am married—there was no other young woman in my company—I told the Magistrate I had from 5l. to 10l.
MAETIN M'HALE (police-constable S 182.) I was going up stairs in this house, and saw the prosecutor standing at the door of the room occupied by the prisoner—he asked me to come in—I lodged in the same house as the prisoner at that time—I had been out all night, and came in between six and seven o'clock—he made a complaint to me—I called the landlady up, and told her—I saw the prisoner there once afterwards, and told her she was accused of robbery—she denied it—she was searched at the station-house on Monday morning, the 2nd of July, and 6s. found on her—this happened on Saturday morning—the prosecutor was dressed in a short working jacket and trowsers, as a working man would be—the prisoner had lodged in the house about a fortnight.
Prisoner. The witness is quite false—the man had not a bit of jacket, and his shirt was all torn down his bosom—there was blood all down his shirt. Witness. He did not appear dirty at all, and was quite sober—I saw no blood on his shirt.
MART DALEY . I am the wife of Martin Daley, and rent the house, No. 20, Southampton-street, Euston-square. The prisoner occupied the second floor room for a fortnight, and had a latch-key to let herself in and out—on the morning in question I was called out of my own room, and found the prosecutor up-stairs, and the prisoner was gone—she came in between eight and nine o'clock in the morning, and I said, "Go out of my place, you have quite deceived me, you have robbed a man in my place, last night"—she made no reply, but turned, and looked at me—she afterwards called for a few things which I was washing for her, and I accused her again—she said she was innocent—she did not sleep at my house after it happened—she told me she was a married woman—she was quiet and sober while she was with me—I never saw a man with her—I have a married woman a lodger in the house, and three or four single men—they are working-men.
EDWARD BOWMAN . re-examined. I had been out on business up to ten o'clock—I was buying some rails to a fence, and some seeds, and then went to meet my boy who had gone to the fair in the Park, but he had gone home with some friends-all I drank previous to leaving home o'clock-two glasses of ale—I did not leave home till between nine and ten o'clock—the last place I went to on business, was in Smithfield—I left there about ten o'clock, and went to the Park—I met the prisoner in Somers-town, which was in my direct way home.
NOT GUILTY .
1775. ANN WILLIAMS was indicted for stealing, on the 22nd of July, at St. Botolph-without, Aldersgate, 1 gown, value 2l. 10s.; 1 frock, 1l. 10s.; 1 handkerchief, value 1s.; 1 bonnet, value 1l.; 1 boa, value 1l. 1 shawl, value 12s.; 2 aprons, value 1s.; and 4 caps, value 2s.; the goods of Mary Price: 1 necklace, value 14s.; 1 shawl, value 8s.; 4 hand-kerchiefs, value 5s.; 3 stockings, value 1s.; 16 sovereigns, 1 and 3 half-crowns; the goods and monies of Sarah Capey, her mistress, in her dwelling-house.
SARAH CAPEY . I am a widow, and keep the house, No. 62, Aldersgate-street, in the parish of St. Botolph-without, Aldersgate. The prisoner has been in my service about eleven days, in consequence of the illness of my other servant—on Sunday, July 22, I went out about one o'clock, and returned about half-past eight—I was informed she was not at home—I went up to her bed-room, and found the servant's box broken open, and her things apparently gone—I went immediately to my bed, room, and found my bureau broken open, and missed sixteen sovereigns, a half—sovereign, and 12s. 6d. in silver, a necklace, a pocket-handkerchief, and shawl—the prisoner was brought home with some of the articles, on The Monday.
MARY ROTHERHAM . I am in the employ of Mrs. Capey. I left the house on the 22nd of July, about ten minutes before six o'clock is the evening—the prisoner was then in the house alone—I came back at twenty minutes after seven o'clock, and found the door shut—I could not get in—I opened the window, and put a little girl in at the window—she opened the door—I found nobody in the house—I afterwards went into the servant's room, and noticed her things in great disorder, but missed nothing—Mrs. Capey slept in the room where the bureau was.
MARY PRICE . I am servant to Mrs. Capey. I was taken ill, and the prisoner supplied my place—on the following morning I came there, and found my box broken open, and missed the property stated—these things are mine—(looking at them.)
THOMAS JAMES FRANCIS . I am foreman to Mrs. Capey. I was sent for on the Sunday night, and found a pair of tongs, which fitted the marks where the box was broken open-in consequence of information I received, I went to Colnbrook, in Buckinghamshire, and, in a Mrs. Baker's house there, found a bundle containing the articles I have produced, and at the Green Man public-house I found the boa—the prisoner was not present when I found the bundle.
JAMES CHADWELL . I am a constable of Iver. I apprehended the prisoner in the road, between Iver and Uxbridge, sixteen or seventeen miles from town, going towards Uxbridge, on Monday, between two and three o'clock—she was alone—she had on a black silk gown, which I have produced a red handkerchief, and a white straw bonnet—I said, "I believe you have some property about you besides what you have on"—she said, "Yes, I have," and she directly pulled 7l. 10s. in gold from her bosom, and gave it to me—she said she hoped Hedges would not be hurt, for she committed the robbery herself—she said she had spent the rest of the money.
THOMAS PINK . I traced the prisoner to Colnbrook, and found her in custody there-Francis produced the bundle to me—I found a coral necklace on her neck—she acknowledged to me that she had taken sixteen sovereigns, a half—sovereign, and three half-crowns, from Mrs. Capey, and that the 7l. 10s. produced by Chadwell was what remained—the other she had spent.
(The prisoner put in a paper stating it was her first offence.)
T. J. FRANCIS re-examined. I have known the prisoner four years by her father and mother working for Mrs. Capey, who is a shoe manufacturer, as well as a haberdasher—the prisoner applied for shoe-binding, and I gave her work—she always did the work very regularly-her father
lives in Cloth-fair-Hedges is a man in the country, who the father said was her husband, but I find she is not married to him—I saw him at Colnbrook.
GUILTY . Aged 26.— Transported for Ten Years.
MARY SARGANT . I am the wife of William Sergeant who keeps the Coach and Horses public-house at Tottenham—he is a cripple—I attend to the business—I receive and pay whatever money is received—the prisoner was the pot-boy—he was not to receive bills, but only for the beer he took out-if he did receive money he was to bring it home—he was in the habit of bringing me money he received-I-enter in a book the names of those who have not paid—I made out a before of 3s. 1d. for Mr. Panton, of Edmonton—I entered it in a book before I made the bill—I delivered the bill to the prisoner to get the money, and when he returned he said the lady had not paid him—he never paid it to me—I sent the bill on the 6th of June—I found this out on the 9th, and charged him with having received it—he said he would settle it in the morning, but instead of that he got up and left the premises.
Cross-examined by MR. PHILLIPS. Q. It was not his duty to receive money for bills? A. No—this was a bill—I did not authorise him to receive it—I told him to take the bill and leave it—he was to take the money if they paid him, but I did not think of telling him to ask the lady for the amount-nobody else assists me in the business—I attend to the bar entirely myself.
HANNAH BUCK . I am servant to Mrs. Panton. I saw the prisoner write the word, "Paid" on this bill, and saw mistress give him the money—it was 3s. 2d. I think, not 3s. 1d.—the prisoner brought the bill, and told me to give it to my mistress—he waited—I took it to mistress, and she said she would come down and pay it herself—she came and told the prisoner he had got 5d. too much at the bottom of the bill—he said he was very sorry, and he would scratch it off—he did so, and then mistress said, him the money—she asked him if he could receipt the bill, and he said, "Yes"—I saw her put the money into his hand, and he wrote, "Paid" to the bill.
MAEY ANN PANTON . I am the wife of Captain Panton, and live at Edmonton. The servant brought this bill in to me—I observed a mistake at the bottom, and went out myself and told the prisoner there was a mistake—he said it was his mistress then had made it—I made him understand it, and asked if he could put "paid" to it—he said he could, and I paid him the money myself—the prosecutrix after seeing the bill, said the mistake was not her doing, that it was written after she sent the bill—I paid 3s. 1d. altogether—I had refused to pay for the beer unless I had a bill, as there had been a mistake—I believe this was the first bill, I paid—I generally paid when the beer was brought.
MRS. SARGANT re-examined. There was 5d. added to the bill since I sent it—he was not employed to receive bills, but he was not to refuse it if they paid him—I never authorized him to put paid to a bill-if he received money he was to bring it home, but he was not to ask for money—he has brought me a great many bills—I do not know his hand-writing, and do not know whose writing the 5d. is—the addition would be a fraud on the customer—he had been seven weeks with me—I do not know whether he can write.
NOT GUILTY .
GUILTY .— Confined Ten Days.
(The prisoner received a good character.)
BANBRIDGE BELL . On the morning of the 1st of August, I was in Crutched-friars, about half-past eleven o'clock. I heard somebody call out "He has got your handkerchief"—I turned round, and found the prisoner in charge of a policeman—I felt my pocket, and my handkerchief was gone—the policeman was in the act of pulling something out of his trowsers pocket.
Prisoner. I picked it up—I saw it fall down, and this was the nearest gentleman to it—as I was going along, the policeman caught hold of me and took it out of my hand.
CHARLES CHAMBERS (City police-constable, No. 42.) On the 1st of August, about half-past eleven o'clock, I saw the prisoner and two other following the prosecutor—the prisoner waved his hand for the others to close up behind him to conceal him, which they did, and at that moment I saw him lay hold of the prosecutor's pocket, and saw him take the hand kerchief out and put it into his own trowsers pocket—I secured him, took it out of his pocket, and called to the prosecutor—I saw him take it—I was close to him.
(Property produced and sworn to.)
Prisoner. It is my first offence—I hope you will have compassion on me.
GUILTY .* Aged 18.— Transported for Ten Years.
GUILTY .— Confined Three Months.
(The prisoner received an excellent character.)
1780. JOSEPH PROSSER was indicted for burglariously breaking and entering the dwelling-house of John David Cripps, about the hour of five o'clock in the night of the 3rd of August, at the parish of St. Andrew, Holborn, with intent to steal, and stealing therein, 1 coal-scuttle, value 18s.; 1 tablecloth, value 4s.; the goods of Reuben Thomas Davis; and 1 shawl, value 3s., the goods of Eliza Pyer.
ALEXANDER BOSWELL . I live in Gloucester-mews, Marylebone. On the morning of the 4th of August, I was passing the house, No. 23, Cursitor-street, Chancery-lane, about a quarter to five o'clock, and saw the prisoner come out of the kitchen window of that house—he got over the area railings, and dashed off at full speed with something in his breast under his coat—I pursued him—he nearly outran me, but I never lost sight of him—I held up my hand and the watchman stopped him—I perceived him throw something away as he ran, over a wall near White's-alley—I
afterwards went to the spot with the officer-tbeend of the shawl was hanging down the wall.
Prisoner. It is false altogether—I was in a hurry going to my brother over the water, and was running—he did not see me get out of the window—I was going past. Witness. I did see him get out of the window, or I should not have run after him.
CHARLES PAINE . I am a watchman of St. Dunstan in the West. I saw Boswell following the prisoner down Fetter-lane—the prisoner turned sound Rolls-buildings—I saw Boswell beckon with his hand—he did not call out—I took the hint, and pursued, thinking something was wrong; and in turning into White's-alley, I saw the prisoner throw something over the wall just as I took hold of him—I held him till a person came up, and then sound this shawl over the wall—I took him back to No. 23, Cursitor-street—the prosecutor came down stairs, and the servant identified the shawl as her property—I found a coal-scuttle, two brass candlesticks, and table-cloth, just put together, in the prosecutor's kitchen, near the winlow, handy to be taken away.
REUBEN THOMAS DAVIS . I live at No. 22, Cursitor-street, in the house of John David Cripps—he is a sword-cutler, and occupies rooms in the house himself—it is in the parish of St. Andrew, Holborn—I rent the kitchen—the articles produced are my property—the shawl belongs to our servant, Eliza Pyer—I went to bed about eleven o'clock over night—the kitchen shutters are very heavy wood, nailed together, but during the time I have resided there, I am not aware they have been put up many times—we always considered the area railing sufficient protection—there is only a wooden button to the window, independent of the shutter—the window does not go up, but goes on hinges, like folding-doors.
ELIZA PYER . I am servant to Mr. Davis. I went to bed about eleven o'clock on the night in question—the kitchen-window was shut, and fastened with a wooden button—I was awoke at five o'clock in the morning, when the alarm was given—the coal-scuttle had been down by the copper over-night, and the table-cloth on the tray on the table, both in different parts of the room to where they were found in the morning—the shawl is mine—it was on the kitchen-table—I am sure the window was secured by the button before I went to bed—I fastened it the last thing at night—I never knew it to come open by the wind—I found the button off in the morning, as if it had been forced off.
Prisoner's Defence. It is false what they say about my getting over the railing—I had not the shawl about me at all.
GUILTY . Aged 19.— Transported for Seven Years.
NEW COURT.—Tuesday, August 21st, 1838.
Fifth Jury, before Mr. Common Sergeant.
1781. JOHN SINCLAIR was indicted for stealing, on the 13th of July 3lbs. weight of brass, value 3s.; 1 lamp-pedestal and foot, value, 5s.; and 1 brass ornament, value 2s.; the goods of John Warner and others, his masters.
MR. CLARKSON conducted the prosecution.
years in their employ—on the evening of the 13th of July, in consequence of information, I sent for him, after he had left work, he had been watched by a man of the name of Goodyear—he was brought into the back counting-house—I sent for Pink, the officer—the prisoner was searched, and about 3 1/2 lbs. of cast-brass was found on him—this is the piece—(looking at it)—it is the property of the firm—the people working there are not permitted to carry off the property on any pretence—I accompanied the officer to the prisoner's lodgings—I knew where he lodged by reference to a book which we have of the residence of the men, and which I took from the prisoner himself, and in a drawer, in the parlour there, I found a lamp-pedestal partly finished, and this brass figure—they are the prosecutor's property.
Prisoner. The two pedestals I got five years and a half ago in Scotland, and bought the two pieces of brass—the roll of copper I took. Witness This pedestal is our regular pattern—I have never seen such a pattern any where else.
WILLIAM GOODYEAR . I am a cock-finisher, and have been in the employ of Messrs. Warner four months. In consequence of what I saw on the 7th and on the 13th of July, I gave information to Mr. Warner—the prisoner left at eight o'clock in the evening.
THOMAS PINK . I am an officer. I was sent for, and was about in search the prisoner, when he took these four pieces from his pocket—he said nothing at the time—I secured him in the station-house, and went to his lodgings, and there found a variety of things.
Prisoner's Defence. I stated that part of these things I bought in short lane, and they are to be bought daily and hourly.
GUILTY . Aged 37.— Confined Three Months.
The prosecutor being called did not appear.
NOT GUILTY .
MR. CLARKSON conducted the prosecution.
ALFRED SAMUEL NASH . I live in Castle-street, near High-street Whitechapel, and am a bootmaker. On the 22nd of July, I got up at five o'clock exactly, to bathe—I went to Castle-alley to call the witness Reed—on returning home I saw a cart standing opposite the next door, with the points of the shafts resting on the cellar-flap of our house—we looked into it, and saw a chisel, a steel spring, and a sliding-board—that is a board that slides along the cart to put any thing under it—on the back of the cart was the name "Samuel Jutson, Butcher, 64, Aldgate High-street"—after that I saw the prisoner and another man come out of Whitechapel, and take the cart away—the other man lifted up the shafts—the prisoner pushed behind the cart—I watched them half-way up Castle-street—we saw them take it round Castle Ride, where there are
some posts, and they lifted it over one post, and so got it away—I have no doubt that the prisoner was one of the persons—I had known him six months.
Cross-examined by MR. CHAMBERS. Q. Did you know his name? A. No—I knew where he kept his truck and dogs—I did not know where he lived—I told my grandfather of it when I came home—I gave information in Tuesday afternoon—there were hills about, and 5l. reward offered—I have information directly after—I did not know the other man—the prisoner was dressed in a fustian shooting-jacket—he had a black hat on—it was not particularly new—the shooting-jacket came about his knees—I work for my grandfather—I have never been in any trouble—I was here is a witness once, but not in any other court—it is about six months since, a the case of Edward Stephen Thorpe—he was found guilty of stealing some money—I saw him with some money—he was a boy—he was no acquaintance of mine—he lived in the same place—I am just turned seven—I was taken to the watch-house once for firing a cannon.
MR. CLARKSON. Q. You had known this man for six months? A. Yes—he gets his living by portering meat about—my house is about two three hundred yards from where he kept his truck and dogs—I saw him sometimes twice a day—I do not think I should know the other man I were to see him-when I saw the prisoner I noticed to my companion that that was the man that kept the dogs, and told my grandfather as soon as I got home to breakfast.
RALPH REED . I live in Castle-street, Whitechapel. Nash and I were going to bathe, on the 22nd of last July—he came to call me—we went to Castle-street to call another lad up—I observed a cart standing opposite the door of Mr. Nash, where the other witness resides—the shafts were on the cellar-flaps of Nash's house—I observed on the cart the name of Jutson, High-street, Aldgate—after that a man came up and dragged the shafts, and the prisoner shoved behind—I know Castle-ride—there are we posts there to prevent persons getting through—the prisoner lifted the shafts, and then they lifted the cart over the posts—it was a light chaisecart-Nash made no observation to me—I had seen the prisoner before—I sad known his person five or six months—I am sure he was one of the men.
Cross-examined. Q. How far do you live from where you saw the cart? A. At the next turning—I first heard of a reward being offered was on the Tuesday afternoon—I went with Nash to give information—we were directed where to go by the hand-bill—we knew the prisoner's name-both of us knew it well—I had never spoken to him, but had heard people say it.
MR. CLARKSON. Q. How do you know that Nash knew his name? A. We generally walked together—we both knew his name—I am a boot-closer, and work for Nash's grandfather—I was not with him when he went home to his grandfather—I went to my own house—I saw the hand-bill on the Tuesday.
THOMAS DUDMAN . I am an officer. I received information from these two boys, on Wednesday the 24th-in consequence of what they told me, I went to Gloucester-street, Whitechapel—I saw the prisoner there, and took him in charge—I looked over the premises, but saw nothing there—I went down to a stable at the bottom of Castle-street, where he keeps his truck—I there found the remains of the cart, which has been identified by
Mr. Jutson, in a loft over head, where there was no stairs—I had to climb up—it was broken up—I found the whole of the body of the cart except the board on which the name had been—the shafts and every thing else, and the chisel in the bottom part of the premises.
Cross-examined. Q. I believe this was an open shed, below? A. Yes and four or five trucks were kept there—I know the other men who keep trucks there, by sight, and one I know personally, named Bull—there are two sheds for keeping trucks in this yard—this cart was not in the lack over where the prisoner keeps his trucks—they join one another, and look into one another—they form an angle.
SAMUEL HAWKINS JUTSON . I am a butcher, living in Aldgate High-street On Saturday, the 21st of July, a cart was stolen from my shed, in Harrowalley—I saw it about seven o'clock in the evening—I lost a leaden cistern, and springs and the axletree of another cart-a day or two after, some information was given to me, and some pieces of wood shown to me—I am undertake to say most assuredly that they formed a part of my cart—this is the tail-board—(producing it)—the board with the name is taken off-l painted it a few weeks ago, and this part was broken.
Witnesses for the Defence.
ELIZABETH LAZARUS . I lodge in the same house with the prisoner, in New Castle-street. I recollect the Sunday before he was taken up—he came home at eleven o'clock on Saturday night, and wished me good night—the room where he sleeps is the one pair, right opposite to me—the window is, I suppose, about six feet from the street—I got up on Sunday at half-past four o'clock to do my work—I saw the prisoner about half-past eight, or from that to nine o'clock, come out of his room—I was washing in my passage at five o'clock in the morning-if he had gone out between the time I got up and half-past eight o'clock, I should certainly have seen him.
MR. CLARKSON. Q. Is he a married man? A. Yes, but he has no children—he has got a room of his own-and his brother-in-law was up stairs—I heard he was in trouble about this cart on the day he was taken, not before—he gets his living in the market with a truck and two dogs-his brother-in-law's name is North—I did not hear he was taken to the Mansion-house till I came home—I went to the Mansion-house, but was not wanted—I was told to come here as a witness last Friday three weeks—I came voluntarily-no one told me I was to come as a witness—I heard where I was to come by one and another in the neighbourhood—Mrs. Warwick came to me, and asked me what time I saw Mr. Warwick come out that morning—that was on the day he was taken—I went to the second hearing on the Friday following, but I was too late, and from that time I have not been examined by any one till I came here—I have not given any one my evidence—I was only at a gentleman's house, who took down my name.
RICHARD NORTH . I am the prisoner's brother-in-law. On the Saturday before he was taken into custody, he came home before I did, a little after eleven o'clock—he sleeps in the same dwelling as I do, but I lodge a flight above him—I came down the next morning at a quarter past five
o'clock—I did not look into his room—I tried to go in, but the door was fast, and the key inside.
MR. CLARKSON. Q. Did you see any person? A. Yes, Elizabeth Lazaros, about half-past five o'clock—I said "Good morning," and she said "Good morning"—I washed myself, returned up stairs, and smoked a pipe of tobacco—I am a seafaring man, but have not gone to sea the last two years.
COURT. Q. What time did yon hear he was taken? A. About nine o'clock in the evening of Tuesday, when I returned home from my labour—I knew what it was for—I did not know that he was remanded till the Friday following—I was before the Lord Mayor—I cannot say whether he told the Lord Mayor that he was at home all that night—I could not get to hear—they would not let the witnesses come forward.
WILIIAM DARBURG . I am a painter, and live at the Green Man, Castle-street, Whitechapel. On the Sunday morning before the prisoner was taken up, I was in Castle-street about fire o'clock, or it may be rather before—I saw a cart there—I saw the person that brought it down—it was a man in a blue smock frock, and he placed it by the third or second door in the street, left it, and went away-before the cart came away, Nash came out of his door, and went round the back street to call Reed-while the cart was left, the boys came into the street, went to the off side of the cart, lifted up a board, and took out a chisel-directly two men came into the street—one was in a blue smock frock—I cannot say whether it was the man that brought the cart there—the other was in a fustian coatee, with bright buttons—he is called by the name of Big Bill, and it much such a man as the prisoner, only darker—I have seen the prisoner before, but never spoke to him.
MR. CLARKSON. Q. Where does Big Bill live? A. I cannot tell—he works in Whitechapel market—I saw the name on the cart—it was not Big Bill—I had no idea it was stolen—the prisoner afterwards asked me whether I could swear he was not there—I said, "No, I could not, but I could swear he was not the man in the fustian coated that bid me good morning"—I have seen old Nash since this transaction—I told him I was out the night before—I did not tell him I was out all that night—I told a man of the name of Reed that I was out—I did not say I was drunk—I told Nash I was rather a little bit gone, not that I was very drunk—I hid had a glass or two, being out with my mates—we were rather late at work—I was with a girl in a coffee-shop—I told him I had managed to lose 9s., but how I do not know—I lost it in drinking—I was tossing for pots of beer, and a, little drop of gin—I got a little gin with the 9s. I lost-four companions were with me—I did not tell Nash that after I saw the cart I sat down on the steps of the Green Man—I did not go to sleep—I did not say so to any one—I have worked for Mr. Fullagers, in Doctors' Commons, the last three or four years, while he has had work—I saw a chisel similar to this when the boy Nash lifted it up out of the cart—the shafts were not Pointing on the cellar-flaps of Nash's door, but right straight forwards—the wheel was close against the door—one man was lifting up the shafts—I ride no one pushing behind, but some one at the side—I know Castleride—there are posts there—I did not go round to see where the cart was—I had not the least idea it was a felony—Big Bill is a butcher.
know what has become of him—I have not seen him for some months—he was in the hospital some time ago.
(The prisoner received a good character.)
GUILTY . Aged 40.—Recommended to mercy by the Jury. Confined Six Months .
RICHARD LAWS . I am a coachman to Mr. Samuel Grindsell. About nine or ten o'clock on the 12th of July, I was returning with carriage to the stable in Dunning-alley, Bishopsgate-street—I had a coat of my master's on the box—I went to the stable for two or three minutes, and when I came out the coat was gone—this is it—(looking at it.)
HENRY ROUND . I was in Dunning-alley about nine or ten o'clock that evening—I saw the prisoner take the coat off the box, and ran away with it—I stopped him, and took hold of him till the witness came and took him.
Prisoner. I was coming through the alley—I saw the cost by the side of the chaise, and took it up.
GUILTY .* Aged 16.— Transported for Seven Years.
STEPHEN SWEET . I live in Chancery-lane, and am a bookseller. The prisoner was in my employ—he was empowered to receive money, and ought to have paid it upon the same day-if he received 15s. 3d. and 9s. 3d. on the 30th of September, and the 4th of December, he has not paid them.
JOHN CROFT . I live in King's-rains-yard, Coleman-street. On the 30th of September, 1837, I paid 15s. 3d. to a person who had been in the employ-of the prosecutor—I cannot say it was the prisoner—he gave me this receipt.
GUILTY . Aged 18.— Transported for Seven Years.
The prosecutor stated his loss to be above 30l.
MAYOS OSMUND ALONZO DDRANT . On Friday, the 13th of July, about half-past two o'clock, I was walking up Drury-lane, towards Holborn—I felt a witch—I turned and found the prisoner with his hand in my Pocked, and the had my handkerchief in his hand—I took the handkerchief of his hand—he set off to run—I followed him—this is my handkerchief—(looking at it.)
Prisoner. My hand was never near his pocket—I passed the gentleman,
and he tapped me on the shoulder. Witness. No, I caught hit hand in my pocket, and I took the handkerchief from his hand.
GUILTY of Larceny only. Aged 20.— Confined Three Months.
1787. HENRY NEWMAN was indicted for stealing, on the 4th of August, 8 shirts, value 2l.; 3 flannel waistcoats, value 6s.; 1 pair of trowsers, value 8s.; and 1 pair of stockings, value 18d.; the goods of Robert Lambton Surtees, his master.
MR. BODKIN conducted the prosecution.
RICHARD LAMBTON SURTEES . I am a member of Lincoln's Inn—I have chambers at No. 43. The prisoner was in my service for two months—on the 4th of August I missed some articles—I spoke to him—he made some statement to me—some things were shown to me that I knew were mine—the prisoner left my service without notice—these are my things.
COURT. Q. Was it a good shirt? A. Yes—I gave him 2s. 3d. for it—it was worth no more.
GUILTY . Aged 17.—Recommended to mercy by the Prosecutor and Jury.
Confined One Month.
CHABLES THORPE . I am a patrol of St. Bride's. On the 18th of July, at twenty minutes past nine o'clock, I was in Fleet-street. I saw the prisoner take this handkerchief from a gentleman's pocket—I went to take him—he ran up Salisbury-court-Welsh overtook him, and I saw him throw this handkerchief out of his jacket-pocket-when I got back the gentleman was gone.
Prisoner. I was going along the middle of the road, and he came and hit me with a stick—I never saw the handkerchief at all.
JOSEPH WELSH . I am a watchman of St. Bride's. I saw the prisoner take this handkerchief from a gentleman's pocket, and put it into his own—he crossed over, and ran away—I pursued him with Thorpe-just at I. got to the prisoner he threw this down, and I took him—I do not know who the gentleman was.
GUILTY . † Aged 16.— Transported for Ten Years.
passing near St. Bartholomew's Hospital—I received information—I felt my pocket, and missed my handkerchief—this is it—(looking at it.)
THOMAS HOOKER . I live at No. 14 Ward, Christ's Hospital, I was walking near the Hospital on this 14th of July, and saw the prisoner take the handkerchief out of the gentleman's pocket—I gave information—I am sure he is the boy.
GUILTY . Aged 13.— Transported for Ten Years.
OLD COURT.—Wednesday, August 22nd, 1838.
Third Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 26.— Transported for Ten Years.
1791. GEORGE JACKSON was indicted for stealing, on the 12th of July, at St. Leonard, Shoreditch, 1 watch, value 6l.; 1 bag, value 1d.; and 80 sovereigns; the goods and monies of Charles Clark, in his dwelling-house; to which he pleaded
GUILTY . Aged 54.— Transported for Ten Years.
Before Mr. Justice Bosanquet.
MESSRS. PHILLIPS and BODKIN conducted the prosecution.
GEORGE VINCENT . I am an attorney and solicitor—I carry on business under the firm of Blacklock, Bunce, Vincent, and Sherwood—I am the only person interested in a pecuniary point of view in that from—the prisoner entered my service on the 1st of January, 1835—the first year I paid him 150l.; the second year I increased it 30l., making it 180l.—on the 1st or 2nd of November, 1836, I increased it nominally to 200l.; but he was only to receive the 150l., the other 50l. was to be appropriate in another way—he attended to the Chancery department only—I intrusted him also with the receipt and payment of money generally in the office—he kept a cash book to enter the payments—I gave him cheques from time to time to make disbursements—I never gave him less than a cheque for 20l. at a time—he never entered in that account any sums but those I advanced him for that purpose-in June, 1837, I looked at the state of that account, and in consequence of that investigation, I took that book account from him, and discontinued that employment—on that occasion I forbade him to receive money, or to interfere with money in any way—he was not to meddle or interfere in any way with the money belonging to the office—I bought an iron box, and gave directions in the office, that if any money was received in my absence it was to go into that iron box, and not be carried in the clerks' pockets, but if I returned before night-time,
the money was to be immediately handed to me—I usually left the office after post time, about a quarter to seven o'clock—I did not return after that, unless there was a consultation, or any thing of that nature—the money received while I was in the office was to be paid to me directly, and if received after I left for the evening, it was to be placed in the iron box—the box was not locked—the key was left in the office-Heath had the care of the key, and Heath had the account intrusted to him which I formerly intrusted the prisoner to keep—the arrangement extended to all the clerks in the Chancery office, and the same arrangement existed in the Common Law office as well.
Q. Do you recollect whether the prisoner has acted on that by receiving money and handing it over to you? A. In one instance, in December last, be handed me one guinea received from Mr. Westmacott—he brought it to me in the office—I do not know Mrs. Brewin at all-a Mrs. Cowperfor waite was an old client of the office—the prisoner never accounted to me for two guineas received from Mrs. Brewin, in October last.
Cross-examined by MR. ADOLPHUS. Q. Before we go into any other matter, Mr. Vincent, let me ask you if it is true, that in June, 1837, you expressly forbade the prisoner meddling with cash on any pretence whatever? A. Yes I did, when I took the book away from him on the 10th of June, 1837—my firm ostensibly consists of four persons—Mr. Blacklock, who is dead, Mr. Bunce, who has resigned his share of the business to me and retired, and the stipulation was that I should keep up the name of the old firm—that was not in writing—Mr. Bunce is here now—he is one of the Masters of the Court of Queen's Bench—the fourth name in the firm is Mr. Sherwood, he holds a public situation in the Common Pleas—he is not a partner of mine, nor in profits of the office at all-his name was merely added to it by way of bringing his son in.
Q. So that if I came to your office with a suit, depending to look to the responsibility of four persons, I must look to yourself, and yourself only? A. That is all—I should suppose our names are in the Law List—I have not looked at it, but I have no doubt they are—I believe Mr. Sherwood is Chief Officer under Fines and Recoveries, under the new Act for taking acknowledgments from married women—I believe he is Chief Clerk of the Court—I do not know what title they give it—there are or six offices now amalgamated into one under the new Act, and I believe he holds them all—there are many offices he held—he was Clerk of the Judgments, and Clerk of the Dockets—I believe he it now called Chief Clerk of the Court—he is an attorney—he is on the roll and takes out his certificate—he never interfered in my business except to take the money while I was out-to look after the money while I was at the assizes—he is named in the firm, but I will not admit he is a partner-his son is about twenty-one years of age—he is articled to me—I do not practise in the Court of Common Pleas at all—I am obliged to keep business in one Court as well within I can-our connexions are all northern agents—I do not recollect a case within five years that I have had to go into the Common Pleas with, but if a client was sued there, I should certainly have to go there—I keep his son strictly at work—he is always in the Chancery department—I intend that to be his department—that is the department where the prisoner was also employed—I have sometimes two hundred suits in that department in the course of a year, agency and proper—I think when we were burnt at the fire in the Temple, I had to make a list, and could not make out quite two
hundred—the fire was on the 6th of March—I lost every thing-great deal of money must be disbursed in the course of those causes.
Q. But that you forbade the prisoner to meddle with since June? A. I desired him to sit in the office, and that the out-door work should be done by other clerks—I forbade him to meddle with my money—I never bring an action in the Common Pleas if I can avoid it—an attorney always chooses what Court he will go into—I cannot take on myself to say, among eight hundred causes, that I may not have had one, two, or perhaps three causes in the Common Pleas, but I avoid the Common Pleas—they were not causes of my own, but as an agent-as proper, I never do certainly, but as agency, if a case has been ordered in the Common Pleas, of course we should do it—I may have brought actions there as agent, but I do not recollect—my books are burnt.
Q. Do you remember the cause of Brown v. Newell? A. There were three causes, I think the reason of that was it was a bankruptcy, and in case we lost one trial, we were to have the opinion of all the Courts on it—it was brought in the Exchequer, Common Pleas, and King's Bench—I have brought actions in the King's Bench—Mr. Bunce has had no interest in the business since the 19th of May, 1834—Mr. Blacklock is dead—he was appointed Master in the King's Bench, and left the firm—the prisoner had nothing to do with Common Law business at all—it is a thing he did not understand—he was very clever in his own department-bankruptcies I generally take myself—he was handy to any thing I wanted—he was three years and a quarter in my employ-towards tbeend of January, or beginning of February, I believe he was arrested, and he wrote me a letter requesting money—I did not receive the letter myself—he wrote to the clerks in the office, begging them to ask me to advance money to take him out of custody—they told me of it—I did not advance him money on that occasion, but I forbade him ever to come into my office again—he did come again after he came out of confinement, and I turned him out and sent him away—he wanted a private interview with me, and I would not grant it—he said he wanted to explain something—I said his explanation must be put in writing; I had forgiven him twice, and I was not going to forgive him a third time—he sent to me to know if I would see any attorney on his behalf, and he sent his brother to me to know if I would see a friend on his behalf—I afterwards saw Mr. Westmacott—he came to me to know the charge I had against the prisoner—that was some time in February—I have tried to recollect the date, and if it is right on the draft of some papers which have been saved, I think it was the 23rd of February, but Mr.; Westmacott can tell you.
Q. Did you, on that occasion, charge the prisoner with having embezzled or taken away any of your money? A. Yes; I did not go before a Magistrate then—I was drawing a case, and the fire happened—I did not go before a Magistrate at all—I went before the Grand Jury, in March or April—it could not be March—I was too much engaged in consequence of the fire then-when I went before the Grand Jury, in April, I did not prefer the present bill—I think I preferred this bill the following Session, I think it was about the latter end of April or May.
Q. Did you, in all that time, ask the prisoner for any account of these two guineas, or give him any opportunity of explanation? A. No; because his friend Mr. Westmacott "had told me I could not do otherwise than prosecute—I told him the nature of the case, and he refused to have any thing
to do with it—I did not give the prisoner any opportunity of explanation—I would not see him.
Q. Now, I ask you, was not an offer made, on the part of the prisoner, that he would go before any Magistrate, and enter into a full explanation of all matters? A. Not to me, certainly—I swear no such offer was made—I never saw anybody but his brother, and Mr. Westmacott—I never saw George Shaw the brother but once to speak to him after I discharged the prisoner—that was when he made the request that I would see Mr. Westmacott-neither George Shaw, nor Mr. Westmacott, told me that the prisoner was ready to appear before any Justice whatever to enter into an explanation of the transaction-George Shaw did not offer to produce the prisoner, and to go before a Magistrate to answer any charge that I might have to make against him—he never said any thing of the kind-nor did anybody else ever make that offer.
Q. Now, I ask you, did not Mr. Shaw, or Mr. Westmacott, offer to refer any doubt you might have about the prisoner's accounts to any gentleman in the profession? A. Mr. Westmacott came with the officer for security—I think Mr. Westmacott very likely did offer to do so-but on entering into explanation Mr. Westmacott was of opinion it would be dangerous for us to enter into any thing of the kind—I think it was the 23rd of February, or perhaps a week after, that Mr. Westmacott told me so—we had two long interviews on the subject—I refused to have any thing to do with the prisoner, but not with any person on his behalf, for I saw Mr. Westmacott—it was never proffered to me to see any one else—the prisoner was in the employment of Mr. Smith when I became acquainted with him—it was not at my solicitation or request that he left Mr. Smith—he came to me in November, 1834—he stated that Mr. Smith had not behaved well, and he was then at liberty to leave him—I had a clerk named Edwards.
Q. Do you mean you had not sent Edwards repeatedly to request him to come to you? A. I had sent one or two notes to see him in the spring of that year, hearing he wanted a situation—I did not send Edwards to him several times to request him to leave Mr. Smith and come to me—he came tome on the 1st of January, 1835—he never did his own business in my office in his own name—he has done business in my name, but on my account, not on his own account—I have no such book as a Chancery ledger—there was a posting-book, but that is burnt—I had a book with a peen cover—there was a Chancery day-book and two others—the items were collected under different heads into the posting-book, and that has been burnt—I will show you what books I have—there are several green books, but I know the book you are inquiring about—that is burnt-in November, 1836, I took to posting all the books myself—the book which I posted is burnt—there was a heading in that book of entry, with the name of Shaw on the top of it, and there was the name of Pell-Pell's son is an articled clerk-Shaw was not an articled clerk—I have no posting-book here with, the name of Shaw in it—that was the only book which ever had his name in it—I can show you a specimen of what was the way of doing business—I have brought the books that I have had since—I do business in the same way-here is one book which was saved—(producing one partly burnt)—that is the prisoner's own posting-book, which was burnt.
Q. Do you mean to say that never to your knowledge, or in any way
whatever, the prisoner practised on his own account in your name? A. I gave him leave to defend himself in an action, hut nothing else—he never acted in my name—there are four articled clerks in my office, two are articled to Mr. Sherwood, and two to myself—they are under my control, and get their instructions from me—Mr. Sherwood is not a partner in any profits in my business—he is not a partner at all—he has no right to practise in my office, but I was very ill in 1835 and 1836, and that was the cause of the arrangement—the articled clerks pay premiums, which I take.
Q. So as to have as many articled clerks as the law allows? A. She knows that I received two hundred guineas last March, for one clerk articled to Mr. Sherwood—I know by law an attorney cannot take more than two articled clerks at a time.
Q. Was this young man articled to Mr. Sherwood as a partner of yours, carrying on business in the partnership with you? A. I think not, but I can send for the articles—Mr. Sherwood does not do business as an attorney at all—I recollect the terms of it, because I altered the articles—he was articled to Mr. Sherwood, but to obey my commands—I do not know that Mr. Sherwood cannot act as an attorney—there is a clause in the Act of Parliament to fit this very case—it is the clause for regulation of the Courts—there is an exception in that Act for the holder of the situation, which Mr. Sherwood fills—he may practise, but he does not—the names of the four articled clerks are, George Pell, and George Massey Heath, articled to myself; and John Sherwood and Edward Lewis Mayor; articled to Mr. Sherwood—they are both articled to Mr. Sherwood-l consider Mr. Sherwood, jun. as the clerk of his father, obeying my commands, and working in my office—Mr. Sherwood has no share in the profits, no control in the business.
Q. Now we will come to Mrs. Brewin. When did you first see her? A. Not till after I discharged the prisoner—I preferred this bill in May—I saw Mrs. Brewin in March or April—I should think it was April—I went to her at her house at Hackney—I had never seen her before—I knew nothing of the business done in my office for her till Mr. Anderdon the Chancery Barrister's bill for fees came in, and then I found the name—I think that was soon after the fire.
COURT. Q. What was that? A. I discovered that a fee in Mrs. Brewin's case had not been paid, and that led to the discovery.
MR. ADOLPHUS. Q. Had you no knowledge of the case before Mr. Anderdon's bill for fees came in? A. No; I had not found a case for his opinion among the papers of the prisoner—I knew nothing about her business, or how it was done, till I had a conference with Mr. Anderdon.
Q. Then will you swear she was ever your client at all, at any one moment of your life? A. Yes; she was brought by Mrs. Cowperthwaite.
COURT. Q. Do you know, of your own knowledge, that she was a client of yours? A. No.
MR. ADOLPHUS. Q. Pray have you ever been in this Court before? A. Yes, I have been here several times—I was here the other day on the prosecution of Cain—I think you were in it too—that case was not conducted by the prisoner—it was conducted by myself—I think the prisoner had no share in conducting it—that case took up a good deal of my time and attention in the week—I think that was just the week before the prisoner was arrested and taken out of my office—I should think it was.
Q. Did you ever prosecute or attempt to prosecute any other clerk of yours for embezzlement, as you call it? A. No—I never took one to Bow-street—I applied at Bow-street for a warrant against one of the name of Birch—that is about two years ago—the Magistrate refused the warrant—he said he thought it was a matter of account, and not embezzlement—he went away with the cash of the office without giving it to me—I think it was 3l. or 4l.—it was not 6d.—he had not given me an account of every thing except 6d.—he had only been in the office about fourteen days—he had done nothing during that time—he charged a salary I had never greed to give him, and so set it off—he left all the work undone in the office.
Q. I ask you again, whether you did not tell Mr. Westmacott you had an account opened under the head of Shaw, with your knowledge, and that you had allowed him to practise in your name? A. No—I admitted that there was an account in his name—I did not tell him I allowed the prisoner to practise in my name—I explained to him how it was—I think it is very likely I told Mr. Westmacott that I allowed the prisoner to introduce one or two matters into the office—he was not to have the profits—he was to introduce them for his own accommodation—he supplied his relations with law at my expense—there was one case of Lee I gave him leave to defend at my expense.
COURT. Q. You say he was not to have the profits? A. No; he never received a farthing in his life out of any of the rubbish he brought in—I believe I received what there was—I never gave him leave except in the case of Wallis v. Philpotts, which forms one of the indictments on the present occasion.
MR. ADOLPHUS. Q. Pray did you ever say to any one that you were determined to have the prisoner in Newgate? A. No; never to any one—I said I had taken the opinion of counsel, and I was to prosecute him—that I had the opinion of Sir John Campbell and Mr. Bodkin—the prisoner knew it was to be so—Mr. Westmacott told him—I went with an officer and apprehended him at his own lodgings—he had not ran away—he left word where he was living in case I wanted him—he wrote me an impudent letter telling me where he was to be found, and there he was found.
Q. You have mentioned Mr. Wallis, and one of the indictments being a bout his business, did you take him before the Grand Jury? A. I endeavoured to take him before the Grand Jury, but he would not go-at first he said he would go, and then he said he would be d-d if he would—he did not tell me he had no charge to make against the prisoner—I have seen the officer who took the prisoner, since he was taken—he came to me to know whether I wanted him—I said nothing to him about the prisoner's making any resistance—that I will swear—I asked him what were the expressions the prisoner made use of when he was taken into custody, and he first of all told me, in the presence of Mr. Sherwood; and when Mr. Sherwood thought it was material to put it down in writing, he said, "Oh no," and would not say any thing more—I allude to Mr. Sherwood the elder—he came to our house-whatever was said, was said by Mr. Sherwood—I asked what were the words Shaw said when he was first taken into custody, when he got into the street opposite a public-house, and he repeated the words—Mr. Sherwood was about to take them down, and then he said he would not give any more—I cannot tell the officer's name—I think his number was 189—I
think I had this conversation with the officer just before the trial was about to come on on the first Session—he came to Mr. Sherwood's house in Woburn-square—he first of all came to the Temple—I wanted to know what he wanted, and desired him to call in Woburn-square—he was not sent for to come to the Temple—he came of his own accord—I never sent for him, but I thought it was something important he wanted to communicate, and I desired him to come to Woburn-square—he said, "He wanted to beat you," or something—Mr. Sherwood wanted to take that down, and he said he would not say any thing, and Mr. Sherwood said, "You had better be off, you have been tutored," or something—Mr. Sherwood had nothing to do with it except as a friend—(William Sands, policeman S 189, was here called in)—that is the man I speak of.
Q. Now, I want you to go back a little to the question of the book-have you not frequently in the office called out, "Which cause is that?" and been answered, "It is Shaw's?" A. Yes—we have two descriptions of causes-where they are agencies they are marked with our name, and all causes which I take the whole of the profit of are marked pp., meaning "proper"-if it is an agency cause for Barclay and Foster, for instance, they are marked B. and F.—Mr. Bunce is a client of mine in several things-his name would be marked "proper"—he appears as a partner nominally to the world.
COURT. Q. He is a client in several causes, is he? A. Not a client, but in trusts—I have the profit of that.
MR. ADOLPHUS. Q. You have called the name of Shaw to some causes, how is that? A. In November, when I took the posting-book, I found those causes in the office, and inquired what they were, and was told they were to go under the name of Shaw—they were entered under the name of Shaw—they were not entered in the day-book as Shaw, but gathered together in the posting-book—they were marked "proper" in the daybook, but all headed under the name of Shaw in the posting-book—they were six causes-Bradley and Bradley, which was his family connexion; Mines and Cornell; Clark and Harrison; Newman and Bell, and New man and Scarr—that is all that appeared in my books in November, 1836—there are two you have not given me notice of-Lee and Shaw was one I permitted him to bring in, but the others were brought in without my permission-Lee and Shaw was his own suit, and there was another cause which does not occur to me at present, on which I received two guineas—the cause of Massey and Drake was not his—it belonged to Harper and Co., of Shropshire—he had nothing to do with it—I should not think that was entered in the day-book which was burnt,' under his name—the cause of Chillingworth and Charles belonged to Mr. Bunce—it was transferred by the old concern to me—the cause of Gilbert and Day was for a brother-in-law of his, and no money was expended in it—it did not appear in my book—the cause of Mines and another was a trumpery cause, on which not a farthing was received—I never heard of the cause of Harrison and Simpson, or Clark and Simpson—the cause of the Attorney General and St. David's belonged to Mr. Godson, of Worcester-if it was entered under the prisoner's name, it was entered under a mistake—it ought to have been under the head of Godson—I have kept the book since November, 1836, myself-Messrs. Bunce and Sherwood have no allowance whatever out of the business, by way of annuity or any thing, nor any interference, except when an explanation is required, regarding an ancient suit in the office, and then I have called
in Mr. Bunce for explanation, nothing else-if any difficulties occur, I may ask them for advice—I pay Mr. Bunce no annuity out of the business—I greed to give him one entire sum for the business, and nothing else—I owe him 1000l., which is not due for five years to come—I gave him a bond for it.
Q. You have been served with some process or writ on the part of the Loner? A. Yes—I have been served with writs for 1600l., and an action for slander, with damages at 1000l.—I was served with those writs theday after I said I should prosecute—that was on a Saturday night in February—I had the interview with Mr. Westmacott on the Friday—I lent before the Grand Jury in April—I never went before the Magistrate in the meantime.
MR. BODKIN. Q. You have stated that yon forbade the prisoner to meddle with cash on your account, was that at the time you have mentioned, when you took the cash-book from him, and gave it to a clerk named Heath? A. It was—my directions were, if my clerk received boney to pay it immediately to me, &c.—that was part of the same arrangement as forbidding the prisoner to receive the money—the prisoner was arrested in June last—I was no party to that—I was very sorry he was arrested—I refused to allow him to return to the office—Mr. Westmacott applied to me to let him come into the office again—he came after the prisoner's brother had been, and requested me to see a friend of the prisoner's—after seeing Mr. Westmacott I charged the prisoner with embezzlement—Mr. Westmacott requested me to take him into the office gain—I told Mr. Westmacott that while I was ill in 1836 he had embezzled 636l., that on the 1st or 2nd of March he was called into my private room, in the presence of Mr. Bunce and Mr. Sherwood, and ackowledged the truth of it, cried, and stated that if I would forgive him his whole life should be devoted to me, and that he would serve me four years for nothing, and that he had again committed the same fault, on the 10th of June, in the following year, and I again took the book away from him—this took place in presence of Mr. Bunce and Sherwood—the fire in the Temple occurred on the 6th of March, that occupied my time, so that I could not attend to any thing-in April I laid the papers, and the case referring to the prisoner, before counsel—I had previously done so before the Attorney-General, and they were burnt-at the time I laid the papers before counsel the Grand Jury were sitting here, and I was advised by counsel to go before the Grand Jury—I gave notice to the prisoner's attorney of the Indictment I found against him, and furnished him with the names of the witnesses I intended to call—that was in the month of April or May—I have Mr. Anderdon's account with me—(producing it)—I have given the names of all the causes entered in the posting-book, which has been destroyed, under the name of Shaw—they were so entered, because he had brought them into the office—they were his, and he was the proper person to explain, and tell who the parties were, and to ascertain what loss there was upon them, and the full particulars—I did not know any thing of them-none of those causes were introduced into the office after I took the book myself—they were all before November, 1836—there was none at all after that, except Wallis and Philpott—my illness in 1835 and 1836 did not keep me from the office—I attended, but could not be so active—I was ordered not—this is a posting-book—they were posted from the day-book—the items in the day-book were marked "proper" by himself-here is his hand-writing
to this burnt book—they were entered in that way in his own hand-writing—I received an impudent letter from him after the fine—I know his attorney Mr. Smith by sight—he is the person with whom he lived before I employed him—I saw Mr. Smith at the ruins, after fine, day by day.
FRANCES BREWIN . I was introduced by Mrs. Cowperthwaite to the office of Mr. Vincent—I saw Mr. Shaw there when I went—I inquired for Mr. Vincent—the prisoner said, could not he do my business as well as Mr. Vincent?—I said, I supposed he could, for it was a small business I had to transact, and I consented that he should do it—this bill was gives to me by the prisoner after he had done the business—(dated "20th October, 1837")—that was the time it was given to me—I paid him two sovereigns and two shillings, and he receipted it before my face.
(The bill was here put in and read; it contained several item amounting to 3l. 8s. 6d. and upon it was written the following memorandum "20th October 1837, Mrs. Brewin paid me, for Blacklock and Co., the sum of two guineas is full for the above charges, it being a bad business, and she much imposed as by Mr. Field.) (Signed) "WM. SHAW."
FRANCES BREWIN (continued.) I put the money on the desk Mr. Shaw was sitting at at the time—he took the money up before I came away-l put the money down directly he made the demand, and he wrote the receipt—the money was lying there all the time he was writing the receipt.
Cross-examined by MR. CLARKSON. Q. Pray did you know any thing of Mr. Vincent? did you ever see him in your life up to this time? A. Yes, I have seen him—the first time I saw him was on the business of Mr. Shaw's, about two months ago—I did not see anybody else about Shaw's business besides Mr. Vincent—I have seen Mr. Sherwood, but not about the business—he never spoke particularly—I saw him with Mr. Vincent—he came with him about two months ago, as near as I can guess—he did not come to my house—it was at the office I saw him—I called there on business I wanted transacted, not expecting to see Mr. Sherwood—I had no letters written to me—I have had a subpoena—I have bad notice from Mr. Vincent to say I must attend at such a time—I had no note or message from Mr. Vincent before I went to the office—I went there by accident, and Mr. Sherwood was there when I went there—he did not tell me he was a partner of Mr. Vincent.
Q. Pray did you ever tell Mr. Shaw you wanted somebody who would do the, business cheap for you, as you had been ill used? A. NO—I never said any thing of the sort—I did say I had been ill used, which I had-nobody took down in writing what I had to say—Mr. Vincent never did—I am quite sure of that.
Q. Now, on going to the office where the names of Blacklock, Bunce and Co., were up, did not you ask for Mr. Shaw? A. My friend asked for Mr. Vincent—I did not ask for Mr. Shaw—I knew nothing of him till the first time I went—I did not ask for Mr. Shaw—I will swear it—not the first time I went—my friend asked for Mr. Vincent.
MR. PHILLIPS. Q. You say Mr. Vincent did not take down your examination in writing? A. No—I told him of having paid the two guineas to the prisoner, and of his having furnished me with the bill.
Brewin—it was submitted to Mr. Anderdon by that firm—Mr. Shaw brought the case to the chambers—one guinea was the fee marked on it—I have the book here from which the account was made—(producing if) I have charged Messrs. Blacklock and Co. with that fee-here it the account—it is entered in the book, under the date of October the 5th I have charged that fee to the firm of Blacklock and Co.—it hat not been paid to this day—it was an entry made by myself.
Cross-examined by MR. ADOLPHUS. Q. This is a book in which you enter fees due to you from different solicitors? A. General business—this I an account of Mr. Anderdon's—I make out a bill to each of the attoreys now and then, and send to them, but not to Blacklock and Co,—I are not sent a bill to them—this is their book—I always transcribe it into this book of theirs, and send it to them—the book is sent in from time to time, just as the firm require—I cannot tell when it was sent in with this charge—it is made up at intervals—I make it up from time to time, I am required to do it—I really cannot tell when I made up this account—there are fees since, and this book has been sent to me again to make up—I believe the first book, containing all these entries, was bunt at the fire, and this book was brought to me to transcribe the whole from my book-J believe this was the first book that was ever supplied to me by the firm; but I believe bills had been previously sent—this contains the whole of the fees that have been sent in by me, and is a correct transcript of my own book—I am quite certain that I had sent in bills on paper before this book was handed to me—I did not know the name of Mr. Shaw in business, except that he lived with Mr. Skirrow, a gentleman at the Chancery bar—I never knew him doing business at Mr. Anderdon's, except as clerk of this firm.
Q. Can you undertake to say, in sending in your account of that business, at first you did not put the name of Shaw against it? A. I am quite certain I never recognised Mr. Shaw in any respect as a client—I new nothing but the firm of Blacklock and Co.—I was more particularly acquainted with Mr. Vincent—I had not the pleasure at that time of knowing anybody else in the firm—I did not know Mr. Bunce, or Mr. Sherwood I was attending on this business.
MR. BODKIN. Q. Do you remember to whom you gave the ease after it answered by Mr. Anderdon? A. No; I cannot recollect—this book is the transcript of one, which was interchanged occasionally between Blacklock and Co., and myself—I do not remember when it was last sent to them—the fee has not been paid to this day, nor my own fee—I have seen the prisoner lately, but I had no conversation with him particularly before he came to the office—I cannot recollect the time, but it was after to prosecution.
COURT. Q. You said something about a book being burnt at the fire? A. No said I was not certain, but on further consideration I find that this is the first book ever supplied to me by the firm, but I understood certain accounts I had rendered on paper had been burnt—I believe this book: was supplied to me after the fire, and I have transcribed the account from my own book—the account I kept in a book at Mr. Anderdon's chambers was transcribed into the book Mr. Vincent supplied—I think that was after the fire; in fact, I am almost certain of it—I have kept a book all the time I have been with Mr. Anderdon—it is in my own custody at all times.
MR. BODKIN to MR. VINCENT. Q. At the time you discharged the prisoner were you indebted to him any salary at all; did you owe him any thing? A. Not a farthing-here are his receipts from the last year's salary, saved from the fire, with his own hand writing to them-and here are two cheques endorsed by him given to take him out of gaol.
MR. CLARKSON. Q. Has there been any settlement of accounts between you and the prisoner for salary? A. Yes; here is half a year up May—the cheque is endorsed—I had overpaid him—there has been no settlement of accounts between me and him with respect of salary, nor a received in full of all demands, nor any settlement respecting how much is due—I have overpaid him, and here are receipts showing the overpayment-William Shaw is endorsed on the back of the banker's cheque in his own hand-writing—there is a like cheque for 30l. with his own hand-writing on the back of it—and there is a receipt for 55l. which I had paid to take him out of gaol last November-and then there was a default on the 10th of June of 35l. 6s. 6d., which I placed to his account, which makes out the year's salary—the 35l. 6s. 6d., he was short in the cash book, and I placed that against his salary.
Q. Has the prisoner ever had any settlement of salary with you or given you any receipt for salary up to any date? A. No; but I have the cheque ends here, and the pass book, which will show I have paid him more than he was entitled to, and I do not owe him a single farthing.
Q. Have not you pleaded these very sums mentioned as a set-off to the action for wages? A. I have not only done that, but set out 700l. move to it.
(Samuel Day, clerk to Mr. Evans, commissioner of bankruptcy; Frederick Richard Bray, surgeon, Kensington; William Roberts, Gent, Kentish-town; and Meredith Wallis, of Britannia-street, City-road, deposed to the prisoner's good character.)
NOT GUILTY .
Before Mr. Justice Coleridge.
MESSRS. PHILLIFS and BODKIN conducted the Prosecution.
GEORGE VINCENT . The prisoner was in my service in January this year-down to June last year he kept a cash book in the office-in consequence of a discovery, I then made a fresh arrangement with respect to the money in the office—I then forbade him to receive money, but if money was left in my absence, it was to be placed in an iron box which I bought for the purpose—he did not account to me for 4l. 0s. 10d. received from Mr. Biggs, of Southampton-buildings—he did not inform me that he had received that sum.
Cross-examined by MR. ADOLPHUS. Q. I take it for granted you return the answer you did before to the question, that you expressly for bade him to receive money on any pretence whatever? A. Yes, those were my words—the first time I heard of this 4l. 0s. 10d. being received at all must have been in February-an articled clerk, of the name of Heath, brought me the intelligence of it—he stated it as a communication derived from the prisoner—the prisoner was in my office in June, and was arrested in February-in the interval between January and February I was very much engaged in the case of Cain in this Court—one entire week, all day long I had to examine the witnesses-when the prisoner had been arrested and
discharged, he came to my office, and I refused to see him—I was witting on enter into any explanation with a second person, but not with him—I bade the clerks, or anybody in the office, to speak to him, about a fortnight afterwards, as I found they were in communication with him—I have to recollection of a witness named Williams being examined At the examiner's in Chancery, in the case of Wilder and another.
EDWARD ALLEN EAGLE . I am clerk to Mr. Biggs, of Southampton—I know the prisoner—I saw him on the 20th of January last, at the prosecutor's office, in Paper-buildings, Temple, and paid him 4l. 0s. 10d. on account of Mr. Biggs, for Mr. North, of Wellington—I paid it for Mr. Vincent I have a receipt for it—it was signed by the prisoner in my presence—(read—"20th Jan. 1838. Received the above for Blacklock and Co., WILLIAM SHAW. £4. 0s. 10d. "—the bill was headed, "Wm. North Messrs. Blacklock, Bunce, Vincent, and Sherwood")—I laid the money a table before him, and it remained there a few minutes before he took up—he did take it up finally.
Cross-examined by MR. CLARKSON Q. You remained there two or three minutes with him talking, I suppose? A. Yes—he took up the money before I went away—I did not take Messrs. Blacklock, Bunce, Vincent, and Sherwood, to be partners—I paid it on account of Mr. Vincent—I understood Mr. Blacklock to be dead—I do not know whether Mr. Sherwood a partner or not—I was directed to pay this to the clerk for Mr. Vincent—I was directed to pay it to Shaw for Mr. Vincent by Mr. Biggs, the chancery clerk.
EDWARD LEWIS MAYOR I am seventeen years of age, and am an artided clerk—this bill is my hand-writing—I made it out by the prisoner's directions—he told me to go to Mr. Bigg's chambers, and get the money ir it—I went—he asked me what person I saw—I said I saw a person in room by himself—that it was a very dirty place, and that lie said he would all next morning and pay it.
Cross-examined by MR. ADOLPHUS Q. Do you know how long the bill had been delivered? A. I delivered it myself—I do not know that it had been sent before—there were four clerks in the Chancery-office at that come—one left before I delivered the bill—I believe three remained besides the prisoner—I cannot say whether they were all present when he sent me for this money—I believe it was done openly in the officer—there was no appearence of secrecy about it, but of course I did not understand, having seen in the office but a short time-if they had paid me the money I should have received it, and given it to Mr. Shaw—I cannot say where Mr. Vincent was at that time—he was not in the office—the man came with the money the morning after I went to Mr. Biggs the last time—I saw the money paid, and the prisoner gave the receipt—I remember very little about the prosecution of Cain—I am articled to Mr. Thomas Sherwood—he comes to the office now and then, and gives orders—he has not a room to himself—he sits in Mr. Vincent's office—he does not do a great deal there—he comes now and then, and stops an hour or so—he comes into the office sometimes, and tells us different things-orders us what to do about things-if he orders me to do any thing I obey him, and the other clerks obey him, as far as I know.
Q. Had you any reason to suppose he was not your master, as well as Mr. Vincent? A. Not the least—Mr. Bunce comes too—he comes into the
office, but never acts in the capacity of master—he taxes bills in Mr. Vincent's office.
COURT. Q. Before this time did you ever make out a bill? A. I only copied different things—I had not made out a bill before this time, that I know of—I copied this one from a draft.
JOHN MASCALL HEATH . I am clerk to Mr. Vincent. I remember Mr. Shaw in the office—he left about the 10th of February—after he had left some short time, I happened to meet him in Chancery-lane—he told me he had received it he sum of 4l. 0s. 10d. from Mr. Biggs, of Southampton buildings, and he told me if Mr. Vincent found it out, and asked me about it, I was to say that I had got the money—he also said he did not care about Mr. Vincent knowing about any thing more in the office—I said, "if you will send the money down to-morrow morning I will tell Mr. Vincent that you have handed me the money, and I will tell him that you received it when you were in the office"—that would have been the fact—I told Mr. Vincent of this afterwards.
Cross-examined by MR. CLARKSON. Q. When did you tell him of it? A. A day or two afterwards—it was a voluntary statement of my own—it was about ten days or a fortnight after the prisoner left the office, and a fortnight or three weeks before the fire—I cannot say that I saw Mr. George Shaw at Mr. Vincent's office after that—I know Mr. westmacott—I saw him at the office after that, and before the fire—I did not know that Mr. Vincent had refused to see the prisoner, or hear from him any ex-planation—Mr. Thomas Sherwood was not in the habit of attending the office at that time—he never attended to the business of the office—he used to come there sometimes—he used to drop in once or twice a week—he has been there twice a day—he was not in the habit of coming every day—he never was in the habit of coming to attend to business—I cannot say how often I have seen him there in a week—I never counted—I was in the habit of seeing Mr. Bunce there-when he was attending at the master's office he used to come there every day—he was not in the habit of signing letters in the office-never in the name of the firm—he never signed letters, except his own private letters—he was not in the habit of seeing clients, except his own private clients—I mean they were people who had been his own clients when he was in the business they would say, "I want to see Mr. Bunce," and then he saw them—Mr. Sherwood was never in the habit of signing letters—I never remember his signing a letter—I will swear he never signed one in my presence, or that I afterwards saw—I am articled to Mr. Vincent-in January last Mr. Vincent was engaged defending a person named Cain, indicted for man-slaughter—the first time the prisoner told me of the receipt of this 4l. 0s. 10 d. was when I met him.
Q. Pray, did you make an entry in the books in the office of the payment of one guinea or 1l. to Mr. Williams, a witness in the cause of Wilder and Watson? A. Yes, that cause had been in the office about three years—it was one in which the Chancery clerks in the office were principally engaged—Mr. Vincent superintended the business generally—we used to enter the disbursements in the disbursement-book, and the name of the cause in which the money was paid—Mr. Vincent used to post it up himself-among other causes was that of Wilder and Watson—I know Mr. Williams, and knew the guinea had been paid to him—I paid it myself
out of the office money—there were two sums, I believe, paid to him of a guinea each—I did not pay both—the prisoner paid the other, believe—he stated to me that he did.
Q. Did not he tell you, when he mentioned the 4l. 0s. 10d., that he had borrowed 1l. of that sum to pay Mr. Williams? A. No, he did not—he told me, when he was in the lock-up-house, that he had paid Mr. Williams the guinea—I went to see him in the lock-up-house—that guinea was entered in my master's books as paid to Mr. Williams—Mr. Vincent had not the opportunity of seeing whether it had been paid or not, because the books were burnt, and Mr. Williams was not in the office—he is living, but Mr. Vincent does not go to a person to whom we make payments, and ask him whether the money is paid.
Q. On the 22nd of January, do you remember whether Mr. Vincent was engaged in defending Cain? A. I do not know the date—I know he did defend Cain—the prisoner used to carry on the Bankruptcy business as well as the Chancery—he did not superintend the whole business—he superintended the Common Law—he was active in all the, rest of the business—we had Very little conveyancing, but what there was he attended to—he was a good deal occupied—he used to come in between ten and eleven o'clock—I have seen him there at half-past nine o'clock—I never saw him before that-be used not to stay late—Mr. Vincent used to go away between five and six o'clock—Mr. Vincent was engaged several days in the case of Cain—I believe he came to hear the judgment on him, on the 5th of February, but be never told me so—I do not remember his going out of town that evening, saying he should return on Tuesday—he did go out of town after the sentence was pronounced upon Cain—he was in the country at the time the prisoner sent notice that he was arrested—I do not know that he had resolved not to see the prisoner after his return from the country—he had not desired the clerks not to speak to him at that time—that was between a fortnight and three weeks after he was discharged from the office—I had not been in the habit of meeting the prisoner—I never saw him but at the time named, a fortnight after he left—I am sure it was not within a week after he left—I saw him after that time, before he was taken into custody on this charge—I saw him several times, but did not speak to him—I saw him once in the Temple.
Q. If Mr. Vincent wanted to find him he was very easily apprehended? A. I believe he was residing at his mother's, but I did not know where he was to be found—I believe he was to be found at his mother's—I did not see him at the office on the 8th of February, two days after he had been arrested—he did not come to the office and take his seat at the table as usual at business—he came to the office one Saturday night, the same, night as he was discharged out of custody—I do not know what day of the month that was—there is an open account between myself and the prisoner—that was the subject upon which he first spoke to me when we met—he said he had an account with me which was unsettled—I explained it to him, and he said, "I shall consider from this time that our account is quite closed," and after that, as we were parting, he spoke to me about the 4l. 0s. 10d.—I kept the cash account in the office—I had not an account of money, some of which I received from him, and some of which he received from me—I received none from him—he has received some from me, of which I had an account—he did not request me to bring the 4l. 0s. 10d., into account as he was unable to see Mr. Vincent himself—he told me not to tell Mr. Vincent about it—I
cannot say whether I have said that before or not—the prisoner was not in the habit of transacting business on his own account in the office-nobody did so but Mr. Vincent—I went into the office in 1834—he never, to my knowledge, did any business in the office on his own account—he never did business for his own clients in the name of the firm—I will swear I know nothing about that—there was a book kept in the office with an account of causes, brought into the office by Shaw—that account was known to Mr. Vincent-a page of that book contained a list of causes brought into the office by Shaw—Mr. Vincent knew that—I do not know that they were called Shaw's causes—I never called them so—they were not called so—we called them by the names of the causes—I will not swear I never heard Mr. Vincent call them Shaw's causes—I might have done so.
Q. How many of those causes were there about the time he was arrested? A. There were Bradley and Bradley, Wallis and Philpott, and Lee and Shaw—I believe those were all the Chancery causes—there were some writs he brought in—there might be eight or ten since he was in the office—I cannot say how many there were when he was arrested—I am not in the Common Law office—I think there were not so many as ten or twelve—there might be eight or nine—Mr. Vincent's clerks used to work them—I was not in the habit of receiving money from clients—I have received money—it was not usual for the clerks to receive money—they have done so when Mr. Vincent was out of the way—I did not know of the bill of 4l. 0s. 10d. of Mr. Bigg's till after Shaw went from the office, or that then had been such work done—it was before I went into the Chancery office—the prisoner was managing clerk, and I was a junior—that was the only instruction I got—I had to find out what I could myself—there was nobody in the office to instruct me-before this time it had been the custom to hand in to Mr. Vincent pieces of paper with sums of money received from different parties—I have done so.
Q. Now after doing so, has he forgotten it, and come and asked what it was? A. Never to me—I have heard him come into the office and asked others what that money was—I have not heard him say he has lost the paper, and forgotten all about it—I have known such a thing as bills sent down to clients, and they have written up to say the money had been paid—I never heard from Mr. Vincent that he had received it and forgotten it—I never read an answer to that effect—I am not aware that the prisoner had any opportunity of accounting to Mr. Vincent, or giving any explanation, after he had been arrested.
MR. PHILLIPS. Q. What time was he arrested? A. Somewhere about the 5th or 6th of February-from the 20th of January, when the money was paid, Mr. Vincent was in the habit of daily attending at the office, until two days before the prisoner was apprehended, when he went out of town—he was attending there at least for twelve days—that was known to all the clerks, and to the prisoner among the rest.
MR. ADOLPHUS to MR. VINCENT. Q. I believe when the prisoner was apprehended he applied for a habeas? A. He did, and I showed cause against the motion—I did not oppose the bail—I opposed the grant on account of insinuations thrown out.
COURT. Q. When you gave the instructions you spoke of in the last trial, about the receipt of the money, did you make any distinction between the prisoner and the rest of the clerks? A. No.
GUILTY . Aged 35.— Transported for Ten Years.
Fourth Jury, before Mr. Recorder.
MR. RYLAND conducted the Prosecution.
DANIEL WINCH . I am a gardener, and live at Walthamstow. On Wednesday the 20th of June, I was at the Crooked Billet, at Walthamstow, fetching water from there, about six or seven o'clock in the evening—I saw the deceased James Ginns there—I did not know him before—he was sitting down on a bench outside the house, alone, with a pot of porter by his side—I saw the prisoner, who I knew before by sight, standing in front of the deceased, within two or three feet of him—I did not hear the deceased say any thing to him, but the prisoner told him he saw some lice crawling about him—the deceased said, if he was lousy it was unknown to him—he was an old man, between seventy and eighty—that was all I heard pass then—I went away with my water, and came back again a few minutes, and the old man was then standing, and the prisoner was standing before him—I saw the prisoner strike him twice on his face with his fist—they were talking, at least the prisoner was blowing him up, calling him a dirty old fellow, and telling him again about being lousy—I did not hear the old man say any thing, nor see him do any thing, nor offer to strike the prisoner at all—the prisoner hit him most violently on the nose and on the cheek—after that the old man went away for half an hour or an hour, and came back again-as I was in my own yard I saw him walking away from the Crooked Billet, and the prisoner came behind him, caught him by his shoulder, turned him round, and threw him down-whether it was done by his foot or how, I cannot tell, but the old man laid there, and was not able to get up—he was carried to his seat by two or three people, and the prisoner either went into the tap-room or stood against the door—I afterwards saw the old man at the hospital—I am sure it was the same man—the prisoner was rather the worse for liquor, but not drunk—he knew what he was doing.
JAMES PATMORE . I am a labourer, and live at Chapel-end, Walthamstow. On the 20th of June, I went to the Crooked Billet late at night, and found Ginns sitting on the seat outside the door, between seven and eight o'clock—he appeared very bad, and could not move off the seat-a young man took and carried him into the stable, and a surgeon was sent for, who came and ordered him to be taken to the hospital—I assisted the young man in carrying him to the hospital—we started about twelve o'clock at night—I afterwards saw him dead—it was the same man—I knew his name to be James Ginns—I never saw him before.
COURT. Q. Did you notice what state his thigh was in? A. No, he could not walk—we put him into a spring cart and carried him to the hospital—he complained very much going along, and said he never had such a hurt before, and he knew he should never get over it—he said he knew his hip must be broken as he could not move his leg, and he was sure it would be the death of him.
THOMAS GOODWIN . I am a police-sergeant. On the night of the 20th of June, I heard of this, and went to the Crooked Billet—I got there about half-past eleven o'clock—the deceased had been removed to the hospital then—I found the prisoner in the hay loft about ten minutes after, and took him into custody. I told him the charge—he said he was sorry he had done so—he appeared to be under the influence of liquor—he said he had been
a very unlucky fellow, he was always in trouble, but he hoped this case would transport him—this was as he was going to the House of Correction after being committed—I asked him before the Magistrate if he had been in custody before, and he said he had—he was brought down from the hay loft by Carbun, who went with me, and given into my charge—I took him to the cage.
HENRY CHILD . I am a journeyman painter at Walthamstow. On Wednesday, the 20th of June, I was at the Crooked Billet, between six and seven o'clock, and saw the deceased there sitting outside, drinking a pint of beer—I never saw him before—he did not appear the worse for liquor—I went into the tap-room and saw the prisoner there—the tap-room window opens out to where the old man was sitting—I heard the prisoner ask him to give him some beer—I did not hear the old man make any reply-short time after the old man stood up, and the prisoner came out of the tap-room and struck him twice in the face—I had heard nothing more pass between them before he went out—the prisoner took the old man's stick away from him—he walked with a stick, as he was infirm—I did not have any thing said by the old man before the prisoner struck him nor after—he got his stick back again some time after, and was going away—the prisoner followed him after he got about twenty yards away from the house, went behind him, took hold of his collar, tripped him up with his foot, and threw him up—he fell sideways on his thigh or hip, I cannot say which—he appeared to fall very heavy—after he fell, he told the prisoner he ought to be ashamed of himself for striking an old man—he said he was quite sure that either his thigh or hip was broken—the prisoner went back again to the house—he was a little the worse for liquor.
Q. Did anybody interfere to take the part of the old man while these blows were struck? A. Yes; a young man named Fenn, after he struck him first, came and stood before him—he tried all he could to keep the prisoner off, but he made shift to hit him again, in spite of Fenn being between them—I and a young man took the deceased up, and carried him on to the form where he had been drinking his beer—he could not get up himself—he could not move—we carried him on to his seat, and there left him—the old man fell on the gravel, in the road, facing the house-fell hard—he did not, from first to last, make any resistance to the prisoner, nor do any thing to provoke him.
Prisoner. Q. Did you see me kick the old man with my foot? A. Yes—I do not know whether you kicked him-you made use of your right leg, when you knocked him down.
JOHN ADAMS . I am an assistant-surgeon at the London Hospital I saw the deceased, James Ginns, at the hospital, on the morning of the 21st of June, about eight or ten hours after he was brought there—I did not see him at the time he was brought in—he had got a broken thigh bone—that was all the injury I could see—he lived about seven weeks, and died from mortification, in consequence of the broken bone-every thing was done for him in the hospital that possibly could be done—the fracture was, in all probability, the effect of a fall—I examined the body after death more particularly—I observed that the thigh bone was broken very high up, close to the hip, and there was mortification and abscess around it to a considerable extent, and one portion of the bone was driven into the other—the mortification was quite sufficient to occasion death—the setting of the thigh was attended to by two pupils who superintend the accidents in the night-I
saw it in the morning—it had been attended to, and put in a proper position-every thing had been done that could be done—I attribute his death solely on the mortification, which was the result of the broken bone-a younger man would in all probability have escaped, but at his time of life it was lot at all probable—I watched him very closely, almost from day to day till he died—the breaking of the thigh bone so high always implies a great deal of force—the thigh bone had been properly set before I saw it, and every thing had been done that was required-a very vigorous constitution night got well under it—I learnt his name was James Ginns at the time of the inquest—the Magistrate, Mr. Davis, attended the deceased at the hospital before his death—he is not here—I do not know his handwriting—I did not address the deceased by the name of Ginns, nor did I near anybody else do so-but the name of every patient is taken when they come into the hospital, and written over their bed, and his name was over in bed—he had friends come to see him, I believe—I cannot swear what came was over the deceased's bed, but a name is invariably put over a patient's bed.
WILLIAM GARRETT . I am a constable of Whitechapel. I was bound over to prosecute—I do not know the deceased's name, except by the warrant sent me by the Coroner—there is a porter kept at the door of the hospital to take the name and particulars of every patient that comes in—he was not bound over—the deceased gave me the name of James Ginns.
THOMAS GOODWIN re-examined. During the man's illness I received two different certificates with the name of James Ginns, one signed by Mr. Andrews, and the other by Mr. Adams—I know Mr. Davis the magistrate's hand-writing—this name to this statement is his hand-writing—I was not present when it was made.
MR. ADAMS re-examined. I have no doubt I gave that certificate—I will not be certain the name of James Ginns is the book, but I have not a doubt of it.
DANIEL WINCH re-examined. I did not know the old man before—he was a perfect stranger to me—I heard a man named Cox, a shoemaker, peak to him that evening by the name of James Ginns, and he answered to that name-Cox told me he had known him about twenty years—he sold me his name was James Ginns—the deceased heard that.
Prisoner's Defence. The old man hit me with his fist, and I hit him on his face—he told me he would get me taken into custody—I told him I could not help it—I asked him first of all to go further away from me because he was lousy, but he would not—that was before he hit me-when he hit me I hit him again, and as he was going away I gave him a shove and he fell down.
GUILTY .* Aged 20.— Transported for Seven Years.
THOMAS MUNNS (police-constable S 66.)About five o'clock in the morning of the 14th of July, I saw the prisoner in Crescent-place, near Morningtoncrescent—I stood at the corner and saw him stoop down into the vault of an unfinished house, on the road side—I saw him get up again with the graftingtool in his hand—I followed him, tapped him on the shoulder, and asked what he was going to do with it—he pointed to another building and said he was going to help to dig out the foundation there—I took him over there and
saw two men—I asked if they knew him—they said, "No, that he did not work there at all"—I said, "I do not feel satisfied with your explanation, I shall take you to the station-house"—he then threw the tool down, wrenched out of my hand, and ran away—I retook him with assistance.
WILLIAM WILKINS . I live in Exmouth-street, Euston-square, and an foreman to John Walker Williams, a builder. This grafting-tool belongs to him, and was left in the vault of an unfinished building—it is branded-"J. W. W."—the prisoner had nothing to do with our concern's.
Prisoner. I had asked him for a job before—I know if the master had been there he would have lent me the spade—I worked in Camden-town about two hundred yards from there. Witness. He called once and asked for a job, but my employer refused to give him one—the place he describes is about half a mile off, but I never saw him but when he called to ask for work—I am sure he was not engaged to work for us.
Prisoner's Defence. I was in distress and could not buy a spade to go to work with—I went to this place to borrow one—it is general among the Irish to borrow spades of each other—I could not make away with it, for it is marked, and I did not intend to do so.
NOT GUILTY .
NEW COURT.—Wednesday, August 22nd, 1838.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 20.— Confined Three Months.
GUILTY . Aged 22.— Transported for Seven Years.
1798. SOPHIA RUSSELL was indicted for stealing, on the 11th of July, 1 coat, value 10s.; 1 pair of trowsers, value 5s.; the goods of Ambrose Lettes; 2 blankets, value 6s., and 1 pair of trowsers, value 4s.; the goods of John Henry Hand, her master.
JOHN HENRY HAND . The prisoner is my niece. On the 19th of June, she came to live with me—on the 13th of July she went away—I missed a coat, a pair of trowsers, and 2 blankets, part of them were mine, and part Mr. Lettes's, a lodger.
GUILTY .* Aged 20.— Transported for Seven Years.
THOMAS LEWIS . I live in High-street, Poplar, and am a draper. The prisoner was in my service-in consequence of circumstances I marked a half-crown, a shilling, and a sixpence, on the 16th of July, I gave it to my wife, and directed her what to do with it—I went from home about two o'clock—I came home about half-past five o'clock, and then called the prisoner—I desired him to empty his pockets, and when he put a portion of the coin on the table I saw one shilling, marked with the letter "L"—I went for a policeman, and a half-crown was found on him, and a sixpence, all stamped with the letter "L"—that was the money that I had stamped and given to my wife.
Cross-examined by MR. JONES. Q. How long had he been in your service? A. About five months—I received a character with him—I put no money in the till before I wentout—I did not took in the till after I returned—I have an apprentice-both were in the habit of serving in the shop, and my wife—the apprentice is not here—he is still in my service—I told the prisoner I suspected I had been robbed, and would thank him to empty his pockets—he said it was a very difficult thing to swear to coin—he denied the charge at once, and produced the money without any hesitation—this till was always open to the young men—the apprentice had access to it—I searched him, and found no money at all upon him—there was other money upon the prisoner, but it was not marked—there was perhaps from 1s. 6d. to 2s., and some coppers—I had paid him only his quarter's wages-a customer had been in while I was out—it is quite contrary to my system for the prisoner to give change out of his own pocket, if there was not convenient change in the till—I never told him so.
EMMA LEWIS . I received 12s. in silver from my husband, and placed it in the till shortly before five o'clock that day—there was only a few halfpence in the till when I put it in—I came back from tea at half-past five o'clock—I then looked, and found 4s., marked money, gone—I put in 12s., and found 6s. 6d. marked, a half-crown not marked—there had been customers—the money found on the prisoner corresponded with what was gone.
Cross-examined. Q. You put the money in just before five o'clock? A. Yes; and then went to tea, and when I came back I missed it—customers came in—I heard the money sounded on the counter.
(The prisoner received a good character.)
GUILTY . Aged 21.-Recommended to mercy. Confined Six Months.
1800. JAMES CLARKE was indicted for stealing, on the 27th of July, 12 wedges, value 8s.; 30 pieces of wood, value 10s. 6d.; 1 box, value 1s. 6d.; 25lbs. weight of pitch, value 2s.; 1 wooden beetle, value 1s.; and 6 yards of rope, value 1s.; the goods of the Great Western Railway Company.
policemen—the prisoner's house was searched, and the things stated were found there—they belong to the Great Western Railway Company—this was at Hanwell—I know this piece of wood belonged to the Company—I never saw the prisoner before he was taken.
ROBERT CHAPMAN . I am a policeman on the railway. I was coming off the line in the middle of the day, and saw the prisoner go into his own house with some wood on the 27th of July—I know it is his house—I pass there every day.
Prisoner. I took a little bit of wood in my arms, and some of it was given to me.
GUILTY . Aged 68.—Recommended to mercy by the Jury.
Confined Three Months.
JOHN GKOROE HOFFMAN . I am a tailor, and live at Duke-street, St. James's. The prisoner was my foreman—I thought it necessary to send for a policeman—he searched his coat pocket in my presence, and this lines was found—it had no business in his pocket.
GEORGE MILLER GIBBS (police-sergeant C 4.) I was sent for, and desired the prisoner to put on his coat, which he did—I saw this linen projecting out, and asked where he got it—he said he had purchased it.
Prisoner. On the 9th of July I bought two yards of linen of Mr. Watkins, of Regent-street, with intent to use it—this is part of it.
(The prisoner received a good character.)
GUILTY . Aged 30.— Confined Three Months.
1802. JOHN WILDEY was indicted for stealing, on the 13th of July, I saw, value 3s., the goods of Jacob Cleal; and 1 plane, value 4., the goods of Henry Relfe: and that he had been before convicted of felony.
JACOB CLEAL . I am a carpenter, and work at a shop at Euston-square. On the 13th of July I went out, leaving my saw there—I saw the prisoner at the gate-when I came back my saw was gone—I pursued and found him in about five minutes—I charged him with stealing the saw—he said he had not—I found it under his arm.
Prisoner. I was up by the railway, and met a man, who asked me to go and get a bag of shavings for him and a little saw—I went and got the saw, but the man was not there—I could not get the shavings—I told the man I had it, and showed it him. Witness. No; he said he knew nothing of it.
conviction—(read)—the prisoner is the person who was tried and convicted.
GUILTY . Aged 19.— Transported for Seven Years.
MR. ESPINASSE conducted the Prosecution.
THOMAS SMITH . I am a gun-maker, and live in Parliament-street. The prisoner was in my employ about twelve months-his duty was to collect monies, and to hand them over to me as soon as he saw me-in the beginning of March I had 2l. 8s. 6d., due from Mr. Crawford—I told the prisoner to get that account—he did not pay that sum to me—on the 24th of March there was 14l. 19s. 2d., due from Captain Cochrane—I directed he prisoner to collect that—some time after that I made application for it, but I did not receive it.
Cross-examined by MR. PAYNE. Q. On what terms did he come to live with you? A. I took him almost from charity—he worked from eight o'clock in the morning till ten at night sometimes—he sometimes paid my men—there were books of the journeymen's wages, they were not kept by him more than me—he paid them when I was out—he might have done it at other times—he made entries in the book when he paid—there was no book of account kept of what he received and what he paid on—he has received perhaps 700l. or 800l.—I have the book here of the payment of wages—I have a book in which I entered the sums received by p from him—I have very possibly omitted to make entries, and discovered It afterwards, to a small amount—he has been away some time, and I had another person—he finally left on the 28th or 29th of March—I heard him say that he had an attack of sciatica—I have not received the 2l. 8s. 6d.—the last message he brought from Mr. Crawford was, that his brother was in the country, and he would pay it on his return; and from Captain Cochrane the message was, that it would be paid on the Wednesday. following—the prisoner had no regular wages—he was to have what I pleased to give him, and was thankful to get it—he lived with me—he received from 10s. to 15s. a week—he did not receive so low as 5s. in one week—he afterwards ceased to board in my house—there was an alteration then made in his salary-about a fortnight or three weeks he was coming and going—I do not owe him 20l.—when he was with me he was paid—he did not receive his money every Saturday night—he came back to my neighbourhood after he left—he was taken before the Magistrate—I was not before the Magistrate when he gave him leave to go—he came before the Magistrate after that without any bail—he acknowledged he had received these two sums, before the Magistrate—he managed the business—he has not had to provide money for the men on Saturday night, from his own funds—he has had orders to go and collect money, or to borrow it, perhaps, if I was not there—he was not a managing man—he did not save me a large sum by accommodation bills—he had nothing to do with them.
COURT. Q. Supposing you were not there, would he have been justified in paying your money to the labourers, without your orders? A. Certainly, if he could have got it.
MR. ESPINASSE. Q. How many times was he before the Magistrate? A. Two or three—I do not know whether he was suffered to go at large after the second examination—I was absent on the 26th of March-he
paid wages at that time—he deducted the wages for himself and the other men from some money he received from Colonel Steel, not taking notice of what he had received from Captain Cochrane.
JAMES SANDY . I am servant to Mr. Cundall—he is brother-in-law to Captain Cochrane. On the 24th of March the prisoner came there for a bill of 14l. 19s. 2d.—Captain Cochrane wrote the cheque and gave it me—I gave it to the prisoner—I have every reason to believe this is the cheque—(looking at it.)
Cross-examined. Q. What day of the week was it? A. On Saturday.
SARAH VICKERS . I keep the Red Lion public-house, in Princes-street Westminster. I cannot recollect the prisoner calling on me at the later end of March, but I cashed a cheque for him—I do not recollect what I gave him—I paid the cheque to Mr. Ball—I know this cheque has been through my hands—(looking at one.)
Cross-examined. Q. Did you say anything to him? A. No, merely told him the charge, and he acknowledged it directly—he was at large till the Thursday following, without bail—I took him not a quarter of a mile from Mr. Smith's.
Prisoner. I am not the only person who was not regularly paid-half the people were so paid.
GUILTY . Aged 34.— Confined Three Months.
GUILTY .—Recommended to mercy. Aged 19.— Confined Three Months.
JOSEPH BYE . I live at Old Brentford. On the 3rd of August, 1835, the prisoner was in my service, as a journeyman turner—I sent him with seven chairs to Mr. Brown—he was to get 1l. 3s. 6d. for them—he did not pay it to me—he went away, and I never saw him till the present time.
Prisoner. I tied the money in paper—I went to the Hampshire Hog, and got a pint of beer, and when I got out I found I had lost the money.
GUILTY . Aged 23.— Confined One Month.
DENNIS DE BERDT HOVELL . I live at Lower Clapton. At half-past five o'clock on the afternoon of the 19th of July I was going along Hack-key-road—I heard a slight noise behind me—I turned, and felt my handkerchief was gone—I saw the two prisoners running across the road—I purchased them-Geils fell down—I caught him, and on him was this handkerchief, which is mine-Harding was caught by a witness—they were running together.
Cross-examined by MR. CHAMBERS. Q. What do you mean by "on Geils?" A. He fell down, and on his chest was the handkerchief—it fell from him, I believe, but it was on him when he laid on the ground—it dropped from him—I do not know how—I do not recollect saying so—my deposition was taken down—there was some obscurity about it, but that was the fact of the case—I forget whether my deposition was read over to me—the Magistrate was writing, and he read those words to me, and said, "Was it so?" and I said, "Yes"—it fell with him, and, I believe, dropped from his breast.
JOHN MORGAN . I live in West-street, and am a turncock. I was at the corner of Crab-tree-row—I saw the witness, and the two prisoners were after him—the handkerchief was taken by Harding from the prosecutor's and pocket—he passed it to Geils—I went and took Harding as he ran across.
Cross-examined. Q. You saw the two prisoners? A. Yes—they were close together at the heels of the prosecutor—it was on the pavement, on the lags—I called them a couple of young rascals, and they ran off.
HARDING— GUILTY .* Aged 16.— Transported for Ten Years.
GEILS— NOT GUILTY .
JAMES PETERS . On the 12th of July, between four and five o'clock, I was walking along the Strand, towards Charing-cross-when I got to Somerset-house I felt a twitch—I turned, and saw the prisoner with my blue silk handkerchief in his hand—he was in the act of putting it into his trowsere pocket, and he ran off—I took him—this is it.
Prisoner. I did it for want.
GUILTY .* Aged 17.— Transported for Ten Years.
1808. JOHN WILLIAMS and SAMUEL BACON were indicted for stealing, on the 13th of July, 32 parcels of medicine, value 8l. 3s.; 1lb. weight of plaister, value 4s.; 9 bottles, value 5s.; 32lb. weight of smelling salts, value 17s.; 1 bottle, value 1s.; 1 truck, value 8l.; 2 baskets, value 1l.; 2 tarpaulins, value 6s.; the goods of Thomas Buckle Herring and another: 1 coat, value 9s.; 1 pocket-book, value 6d.; the goods of William Newby; and 1 coat, value 1s., the goods of Richard Langdon: and WILLIAM DEE, JAMES GAYTON , and ANN MATTHEWS as accessaries after the fact; and that John Williams and Ann Matthews had been before convicted of felony.
MR. PAYNE conducted the Prosecution.
of them—the packages were given to Newby and Langdon to deliver—they were the property of Messrs. Herring—the value of the whole was something under 20l.—there were thirty-two parcels in the whole—the truck belonged to Messrs. Herring, and had their name and address on it—they were covered with tarpaulin—there was a red book with the name of "Herring, Brothers" on it—this is the book—(looking at it)—these are the parcels—I know the tarpaulin.
WILLIAM NEWBY . I live in Luke-street, Finsbury, and was a porter at Messrs. Herring's. On Friday, the 13th of July, I went with the truck—we with Langdon—there were some parcels of medicine in the truck—we went into Mr. Crow's, in Farringdon-street, and left the parcels outside in the truck, with the tarpaulin, the red book, and a coat of mine—we were there three or four minutes, and then the truck was gone, and the parcels.
Cross-examined by MR. CLARKSON. Q. Two of you went to take care of these goods? A. Yes; but we were heavily laden-as soon as we came to a public-house we went in—it was a hot day.
JOSEPH ROWE . I am a lock-smith and bell-hanger, in Playhouse-yard On Friday, the 13th of July, I was standing at my street-door-Williams and Bacon came into the yard opposite my door with a truck, between five and six o'clock—my door is opposite Parrot-court—they took two baskets off the truck, one at a time—after they had taken the two baskets up Parrot-court, they took the truck up Whitecross-street, in a direction towards Old-street—I saw the truck again this morning.
Williams. This is a more suspicious character than I am myself—he bought two patent locks, worth 3l. 10s., for 3d.—he keeps a marine-store shop.
COURT. Q. Have you ever been in difficulties? A. No, I have not.
SIMEON SIMMONS . I live in Whitecross-street, and am a tin-plate worker. On the evening of the 13th of July I saw a truck and Williams and Bacon with it—the name of "Herring, Brothers" was on it—there were some baskets on the truck—I saw them turn into Playhouse-yard, where Rowe lives.
ELIZABETH PEAR . I live at No. 3, Parrot-court, Playhouse-yard, and am a widow. Williams and Matthews occupied a room at No. 11, which is a house I let—they lived there as man and wife about four or five weeks, and were very quiet—I had seen Bacon there four or five weeks before I went before the Magistrate—on the Friday afternoon that they were taken into custody, I saw Williams and Bacon carrying a basket-Williams said he was going to sell cherries—I said I was glad to hear it—they had one basket first, and then they came back with another—I have seen the baskets here—they appear to me to be the same—there was a tarpaulin over one-between nine and ten o'clock the same evening I was speaking to Matthews, and told her her husband was going to sell cherries—she said she knew it—she spoke to a woman for about five minutes, and while she was doing so Williams and Bacon came up-Matthews spoke to them—after she had spoken to them she went away-about five minutes after that I
saw Gayton and Dee come up—there were all the four men together, and they all four went up the court together-Williams told them to come up—they went in a direction towards Williams's—there is no thoroughfare there.
Cross-examined by MR. CLARKSON. Q. How do you get your living? A. By taking single men as lodgers, not single women—I get my living as honest as any others—I was not found for a witness till the Saturday after—they came and summoned me—I lost my husband thirteen years ago, and had eleven children to bring up—I have never been in any trouble of my own, as there never could be any thing found against me-nobody was ever so wicked as to try, except my own children—I did not rob my own daughter—she may accuse me, but she was under age—I went before Mr. Broughton—I gave my daughter and her husband the goods a week after she married, and she sold them three weeks after she was married—I was taken before Mr. Broughton after that-two gentlemen were my bail—my son found them—I went to gaol till my bail came to me—I never was in any other gaol—I never was before a Magistrate but with a sergeant who is here—I happened to call him out of his name.
MR. PAYNE Q. Were you ever tried? A. No; there was no foundation for the charge that my daughter made.
JAMES BRANNAN (police-sergeant G 20.) On Friday night, the 13th of July, I went to No. 11, Parrot-court, about eleven o'clock—that is the prisoner Williams's apartment-Davis, G 192, and Tate, G 133, went with me—the street door was open—there was alight in the bottom room, the parlour—I listened, and heard a noise resembling the tearing of paper—I looked through the key-hole and other vacancies in the door, and saw the five prisoners all there—they were engaged in undoing packages of drugs—I saw a basket there under the door where I was looking in—I told Davis to look as well, and satisfy himself—he looked—I knocked at the door, which was fast, and the female prisoner asked who was there—I said, "The police, open the door"-at that time Davis was in the act of forcing his staff between the jamb and the door—I pushed the door myself-Matthews was at that time standing behind the door, pushing it against me—I was trying to get in—I saw Gayton take a red book off a table, and throw it in a hole in the floor, and also a piece of tarpaulin, or one of the cloths produced, I will not say which—he kicked it into the hole—he immediately jumped down the hole in the floor, followed by Dee—I had seen Dee handing the parcels of drugs from one to the other, and placing some on the table—I forced my way into the room, and on doing sol received a violent blow on the side of the head from the prisoner Williams—I asked "Why did you not open the door? how came these things into your possession?"—Williams answered, "They are country things"-Davis went in with me-Tate I left outside the window—after I had procured more assistance Tate and Davis went down the hole—I saw Gayton and Dee brought up from the cellar—I found the property I have brought here, a jemmy, a file, a chisel, three skeleton keys, and a number of others, some bottles and jars—I found some pieces of paper, and produce them—I found on Williams a bag, and a file, and a key on Bacon.
Williams. Q. Did I strike you? A. Yes; I have no mark to show-you struck me on the head above the ear.
parlour door, and peeped through the key hole and a crack in the panel of the door, and pushed the door away from the post, and saw all the prisoners sorting out the parcels—I saw Dee handing the parcels to Gayton and so did the female—I heard Brannan knock at the door—the female asked who was there—we said "Police"—I pushed the panel of the door I saw Gayton take up the book from the table, and throw it down the hole, and some cloth or something he kicked down the cellar—then we pushed the door and tried to break it open-Williams, Bacon, and the female prisoner resisted-Gayton jumped down the cellar, and Dee followed him—I saw what was done to Brennan-Brennan then asked Williams how these things came to be there—he said they were country things—I went into the cellar, and found Gayton and Dee both close up together in the corner by the fire-place—I saw a red book found in the cellar by Tate—this is similar to the one I saw thrown down—this pocket-book was found there, and some tarpaulin and some coats.
Cross-examined. Q. Certain statements were made by the prisoner before the Magistrate? A. Yes—the female prisoner was pushing at the door to prevent its being opened.
Williams. Q. After you handcuffed Bacon and me, what did you do? A. I left you there in the parlour while I went down into the cellar.
Williams. There was no crack in the door before they broke it—it was impossible for any man to see through the door. Witness. Yes, it was a very weak door, and bolted and locked, and we pushed it so as to see.
HENRY TATE (police-constable G 133.) I went with the other officers—I was outside the window—I looked through the crevice of the shutters and saw the five prisoners busy in looking out and sorting the property—I heard the room door broken open-Williams pushed back the shutters, and I pulled the window up, and went in—I went into the cellar and found this red book.
Williams. Q. You say that when the door was broken I opened the window? A. Yes, you did.
Williams. The other officer said I struck him at the time, and if this officer could see through a shutter, window and curtains, he could swear any thing-Gayton is quite innocent of throwing the book into the cellar.
WILLIAMS— GUILTY . Aged 28.— Transported for Fourteen Years.
BACON— GUILTY . Aged 23— Transported for Seven Years.
GAYTON— GUILTY . Aged 35.— Transported for Seven Years.
MATTHEWS— GUILTY . Aged 24.— Confined Five Days.
DEE— NOT GUILTY .
Mr. Gunston's shop in Exmouth-street—I saw the prisoner take the ham—I gave information, and he was taken.
CEAWLEY BRITNELL . I am in the service of Mr. William Gunston. I went after the prisoner to a room where he ran into—he put the ham outside the window of that room—this is it—it is the property of Mr. William Gunston—the officer came and took him.
Prisoner. I was sitting in the room, and the officer came and took me—I know nothing of the ham.
GUILTY . Aged 19.— Transported for Seven Years.
1810. ELIZABETH PENDERGRASS and WALTER PENDERGRASS were indicted for stealing, on the 30th of June, 2 coats, value 15s.; 1 hat, value 5s.; 3 shifts, value 6s.; and 1 blanket, value 5s.; the goods of John Smith: 1 petticoat, value 1s.; and 1 parasol, value 6d.; the goods of Mary Ann Smith: and 1 petticoat, value 1s., the goods of Sarah Vincent Smith.
HANHAH SMITH . I am the wife of John Smith—he keeps a British Day-school in Fisher-street, Red Lion-square. On Sunday morning the 1st of July, I and my daughter opened a box at our room, 45, Eagle-street—I missed the articles stated-two petticoats and a parasol are here,—they are Mary Ann Smith's.
Cross-examined by MR. DOANE. Q. Had you known her before? A. Yes, I have no doubt of her being the person.
GEORGE HESLOP (police-constable E 134.) I went to No. 45, Eagle-street, where the two prisoners live—they are father and daughter—I found in the room this parasol, and then one of these petticoats under the bed—they lodge on the same floor that the Smiths do.
Cross-examined. Q. Is there not another daughter? A. Yes—she was in custody, but the bill was thrown out.
NOT GUILTY .
EDWARD SYREE . I live in Albion-place, Clerkenwell. On Monday evening, the 23rd of July, about seven o'clock I was on the opposite side and saw the prisoner snatch this shawl—I ran after him, and with assistance I took him.
GUILTY . Aged 20.— Confined Three Months.
1812. LOUISA MILLWOOD, THOMAS BANYARD , and ELIZABETH WATERS were indicted for stealing, on the 17th of July, 1 bag, value 2d.; I sovereign, 3 half—sovereigns, 4 half-crowns, and 2 sixpences; the goods and monies of Richard Adams, from his person.
RICHARD ADAMS . I live next door to the City Arms, at Hammersmith. On the 17th of July I was drinking at a public-house with the three prisoners—I knew Banyard before—I had a sample bag with a sovereigns, three half—sovereigns, four half-crowns, four shillings, and two sixpences in my sleeve-waistcoat pocket—I got drunk—I fell asleep, and when I awoke, my bag and money were gone, and the prisoners too—this was about half-past six o'clock in the evening.
WILLIAM BENNETT . I am shopman to Mr. Griffiths, of Tothill-street, a linen draper. Between seven and eight o'clock in the morning, on the 18th of July, the two female prisoners came to our shop—I sold them two black handkerchiefs, a remnant of flannel, and some calico, which came in to 14s.—one gave me a sovereign to pay 10s., and the other gave me a half—sovereign to take 4s.
ALLEN GIBBS . I keep the City Arms. On Thursday, the 17th of July, Adams and the three prisoners arrived at my house in a boat, all together—I saw Adams pull out his bag and give the waterman a shilling—they sat down, and soon after Adams fell asleep—I sat opposite-Banyard went and sat opposite him—I looked at them, and saw one or the other of them were looking at me—I went to the bar, and when I came into the tap-room they were on their feet, and had a bag—I do not know what was in it—one said to the other, "Let us go and see the show"—one of them answered, "We won't awake Adams, it will be no use"—they went out-Adams, I think, paid for the beer—there was no one else there.
Millwood. I went with Adams on board the barge the night before and stopped all night—we went to Fulham, and came back to Mr. Gibbbs's, and there Adams went to sleep, and there we left him, the sovereign my uncle gave me.
Banyard. These three persons came to me at Fulham, and asked me to come home with them.
WILLIAM LUFF (police-constable B 163.) I went to a room in pye-street, and found Millwood and Banyard—I took them into custody—I searched the place, and emptied a pail of dirty water, and I found one half-crown, two shillings, one sixpence, and one farthing.
NOT GUILTY .
Prisoner. This chap was living with my sister, at Manor-street, Chel-sea—I know nothing about the brooch.
GUILTY . Aged 23.— Confined Three Months.
GUILTY .— Judgment Respited.
1815. JOHN WILLIAMS, MARY GRACE, ISAAC BENDON , and ELIZABETH ELLIS , were indicted for stealing, on the 11th of July, 1 coat, value 1l.; 1 hat, value 10s.; the goods of Robert Tite: and that Williams had been before convicted of felony.
ROBERT TITE . I live in New Inn-street, New Inn-yard, Shore-dicth. On the 11th of July I met Ellis between one and two o'clock—he said she had missed her way—I asked where she lived, and she said at Westminster—I said that was not the way, I would show her the way—she went to a room in Wentworth-street, Whitechapel—she got a light, and went down with the light, and Grace sat in the room with me—I was sitting on the bed—I missed my coat and hat, and Grace said, "O my God, there is a man in the room"—she ran down, I ran down, and got the policeman, who came and took the prisoners-no one had been but of the house while I was there, that I know of—this coat and hat are mine.
Grace. I heard a row in the room-Ellis took the candle to go down for something, and the man ran down stairs, and I after him.
Ellis. When I took the light down, the coat was on the chair.
ANDREW DACEY (police-constable H 94.) I heard an alarm at half-past two o'clock in the morning—I went into the yard, and heard a scuffle in the privy—I went and laid hold of Williams there, and endeavoured to do the same with Bendon, but he got away—I caught his cap—I found the hat down the privy-Williams was very violent—I took him to the station-house, and then returned and searched the house-during that time, Bendon and Ellis came back into the room where the robbery was committed—I asked Bendon if it was his cap—he said it was—I found the coat in the adjoining house.
Williams. You met me on the stairs? Witness. Not that I am aware of.
WILLIAM BURNHAM (police-constable H 58.)I heard the cry at this house in Wentworth-street—I went into the passage of the adjoining house, and found Grace there—I brought her out, and the prosecutor gave charge of her, and in taking her to the station-house she said Jew Bet took the things out of the room.
William's Defence. I went to lodge there—there was a cry of police—I heard an alarm, and coming down stairs the man took me.
WILLIAMS— GUILTY . Aged 19.— Transported for Seven Years.
ELLIS— GUILTY . Aged 18.— Confined Six Months.
NOT GUILTY .
Fifth Jury, before Mr. Sergeant Arabin.
drapers, of Tothill-street, Westminster. On the 24th of July, I made up five shillings' worth of half-pence and placed it on the desk in the counting house at ten o'clock in the morning—I made up another packet, and took that there at four o'clock, and then the first was gone—the prisoner was employed there—it was his duty to open and shut the shop—we did not suspect him till the evening—he was then gone home—I sent for him he came, and I told him he had taken the halfpence—he said he had not, but they were found in his trowsers pocket, wrapped up as they were when I lost them—this is the packet—(looking at it)-when we took him to the police-office, he said he took but one paper.
GEORGE BARKWOOD . I went in search of the prisoner—I brought him back, and took this five shillings' worth of half-pence from his pocket—the next morning I and the policeman went to his mother's lodgings, and found this calico, which is my master's.
Prisoner's Defence. I bought the calico of the man in the shop that went away.
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined Two Months.
JOSEPH THOMAS LAWRENCE . I am in the service of Mr. Robert Watt, a pawnbroker, in Clerkenwell. About six o'clock in the evening on the 1st of July, the prisoner Costello came in to pledge an iron-while I was writing the ticket, the other came and began to converse with her-while they were talking, Costello snatched a gown off, and put it under her clothes—they both walked out—I went and brought Costello into the shop, and she told our lad to stop the other—I told Costello to put the gown down, which she did, and tried to throw it across the counter—I knew her before.
Costello. I picked it up behind the woman, and I had not left the shop you know—I took it up, and you took me. Witness. She had got the gown under her petticoats.
JAMES HARMER . I belong to the shop. I was minding it outside—the two prisoners came to the shop-Costello went in first, and then Harrington went in and began to converse with her-having a suspicion of Costello I watched her, but did not see her take the gown-when they came out, Lawrence came and took Costello—I went and took Harrington.
Harrington's Defence. This neighbour of mine was going to pledge in this shop, and I stood by the shop two or three minutes—this witness came and said I must go to the station.
(Costello received a good character.)
COSTELLO— GUILTY . Aged 50.— Confined Three Weeks.
HARRINGTON NOT GUILTY .
ROBERT NUNN . I am in the service of Peter Shoppee, a linen-draper, Judd-street. On the 20th of July, between twelve and one o'clock, I the prisoner take this printed cotton from the box on the step of the or—she put it under her shawl and walked away—I followed and took about four yards off—I asked her what she was going to do with it—fell on her knees and begged pardon—this is it—(looking at it.)
Prisoner. I was passing the window, and took up one end of the print, looked at it—he came out, and took me—he took it off the box himself. Witness. She was walking away with it, and had just passed the window going from the house.
(The prisoner received a good character.)
GUILTY . Aged 26.—Recommended to mercy— Confined Six Days.
GEORGE ROUSE . I live at High-street, Poplar, and am a slop-seller. the prisoner had been in my employ five or six years—on the 10th of July, suspecting him, I followed him out, when he left my place, about all-past two, to the Isle of Dogs, a mile and a half from my place—I hen taxed him with having something of mine—he declared he had none my property—I unbuttoned his things, and found this pair of trowsers and his waist, which are mine.
(The prisoner received a good character.)
GUILTY . Aged 85.—Recommended to mercy by the Prosecutor, who promised to take him again. Confined Three Days.
JAMES ADAMS . I am a picture-dealer. I was in the picture-shop of Mr. Deane—the prisoner came in, and offered the picture to me for 3s.—he said he bought it of a boy for 1s. 6d.—I knew it belonged to some dealer, and I went round to find the owner.
CHARLOTTE CORSBY . I am a daughter of George Corsby, a musical instrument maker, in Princes-street, Leicester-square. This is his picture—I saw it last on the 18th of July, in the morning, inside the shop—I do not know the prisoner.
Prisoner's Defence. I purchased the painting of a lad in the street for 1s. 6d., without the least idea it was stolen—there is no proof of my having stolen it, or that I was in the prosecutor's shop—on my being questioned, I said I bought it, but I was not aware where the boy was to be found—this is the first time I have been in confinement—my character has been good.
GUILTY .* Aged 17.— Transported for Seven Years.
JOSEPH BIRCH . I am a butcher, and live at Islington. On the 6th of July, a fore-quarter of mutton was hanging outside my shop, as butchers Usually hang their meat—there was about 19lbs.—I missed it at half-past ten o'clock at night—I saw it again the next morning—I knew it was mine—I have seen the prisoner before.
ROBERT M'DONALD . I saw the prisoner carrying a fore-quarter of mutton on his shoulder about half-past ten o'clock, on Friday night, on the 6th of July, he was fifty yards from the prosecutor's shop—I had known him before.
Prisoner. I kicked against it, and took it up-went to a house in Duddy's-rents, and put it under the tiles, on the roof of the house.
GUILTY .* Aged 16.— Confined Three Months.
MR. BALLANTINE conducted the Prosecution.
JANE EYRE . My husband's name is Isaac—he lives at Hickman's Folly, Dockhead, Bermondsey, and is a carpenter—the prisoner's master was a baker, and the prisoner served us with bread twice a-week—on Tuesday, the 6th of last March, he brought four loaves as usual—I paid him 5s. for eight loaves, four that day, and four on Friday.
Cross-examined by MR. PAYNE. Q. Had you paid him before?—A. Yes; that was the last time.
MARY SHAVE . I am the wife of Charles Shave. He keeps the Turk's Head, Wapping—the prisoner served me with bread for his master—he delivered the bread every day-in the beginning of March, the prisoner came, and I paid up every thing—I do not owe his master any thing now—I paid the prisoner regularly—I never had a bill.
Cross-examined. Q. Did you pay him at the time the bread was delivered? A. Yes, always, unless I was busy, I then paid him the next day—I suppose I paid him for two half-quartern loaves—I forget what was the price of bread then.
RICHARD ALLEN . I keep the Dundee Arms, Wapping. I was supplied with bread by Mr. Fincher during March—the prisoner brought me bread—I paid him sometimes, and sometimes my wife—I always paid him or caused it to be paid—I do not remember any time particularly.
JAMES FINCHER . I am a baker in Wapping-street. The prisoner was in my employ at the beginning of this year, and had been long before—he was employed to carry out bread and receive money—he was to account to me or my grand-daughter—on Tuesday, the 6th of March, he accounted for no money received from Jane Eyre—I have not received any money from the prisoner for two years—my grand-daughter kept the account—the prisoner had been in my employment rather better than two years.
ELIZABETH HART . I am the grand-daughter of the prosecutor. It was the prisoner's duty to account to me for money he received during the day, at the close of each day—he did not account to me on the 6th of March for any money received from Jane Eyre, nor since.
Cross-examined. Q. Did you ask him for any from Jane Eyre? A. Yes, I asked him if Mrs. Eyre had paid him on the 6th of March, and he said she had not.
(John Smith, a baker, of Anchor and Hope-alley, Wapping; William Matthews, baker, Battle-street, Commercial-road; and John Rivett, a builder and undertaker, gave the prisoner a good character.)
GUILTY . Aged 26.— Transported for Seven Years.
JOSEPH LEE SHERWOOD . I am out of employ. I have been a potman—I slept at a public-house at Black wall—the prisoner slept in the same with me, but in a separate bed—on the night of the 13th of July, we both went to bed at the same time—I laid a silk neck handkerchief on a spare in that room—I got up a little after six o'clock—I did not go out—I and gone down to do my work—the prisoner went away about half-past eight o'clock, and then I missed my handkerchief—this is it—(looking at it)—he told me it was the first night he had been in bed for seven weeks.
Prisoner. The handkerchief I bought in Tottenham Court-road, and have 1s. 6d. for it.
HENRY RADNETT . I am a policeman. I received information—he prisoner was given into my custody—I searched his boodle and then hat—I found this handkerchief in his hat—he said he bought it in Tottenham Court-road.
GUILTY . Aged 27.— Confined Four Days.
WILLIAM ROBERTS . I have been a pawnbroker but have retired, and five at Norchfleet, in Kent I have some premise's in Clerkenwell, and was building a wall—the prisoner is a bricklayer—I employed him to do this on the 5th of July—the house joins the wall-Millen, my agent, had he letting of it—I do not know whether the house was festened—I lost a bed and bolster out of my house—I did not give him leave to take them.
RICHARD MILLEN . I was agent of the prosecutor. I missed the things Sunday—the last time I saw them was on Thursday—I then fastened the house, and left all secure—I nailed the cellar flap down, and that was broken up—this bed and bolster were taken away, and a good deal of other property of brass work—I saw the prisoner about the premises repairing the wall previous to the Sunday, between the Thursday and the Sunday—I was present when the bed and bolster were found in the prisoner's house, in New-court, Peter's-lane—the prisoner was at home—we net him previously to going to his house, and accused him of certain property being lost—he said all was right—Mr. Roberts asked him what was right—he said, "Your sashes, and soon"—we then went to his house, and found the bed on his bedstead—I then accused him of taking the things—he said the place was broken open in the night, and he took it there for security—he knew where I lived—I cannot tell whether he knew I was the prosecutor's agent.
Prisoner. I did not know you had possession of the key—I do not deny having the bed and bolster at home. Witness. You said, "Your property is quite safe"—he said he had got the property, and the bed was particularly put to him—he said, "Yes, that is safe."
Prisoner. I told him the bed was there, with some more things in the yard, and I showed them to him.
NOT GUILTY .
MOSES AGAR . I live at Hackney. On the 4th of July, between twelve and one o'clock, I was in St. Martin's-lane—I had a handkerchief in my pocket—I was stopped suddenly, and felt a boy at my pocket—I turned, and caught the prisoner, with my handkerchief in his hand—I took it from him—I caught him and shook him—he ran from me, and a policeman caught him about twenty yards off—I saw no one with him—this is my handkerchief.
Prisoner. The officer hit me twice, and told me to go.
GUILTY .* Aged 16.— Transported for Ten Years.
OLD COURT.—Thursday, August 23rd, 1838.
Second Jury, before Mr. Sergeant Arabin.
1826. WILLIAM ENSOR was indicted for stealing, on the 14th of July at St. Marylebone, 2 watches, value 5l.; 2 watch ribbons, value 9d.; 1 watch keys, value 6d.; 13 spoons, value 3l.; 1 brooch, value 3s.; 1 ring, value 4s.; and 1 printed book, value 2s. 6d.; the goods of John Monteith, in his dwelling-house.
JOHN MONTEITH . I am a private watchman in Crawford-street, and have a dwelling-house in Little Harcourt-street, in the parish of St. Marylebone. The prisoner married my wife's daughter, seven or eight years ago—on the 14th of July I went on duty about half-past nine o'clock in the evening—the prisoner has nothing to do with my house—my wife came home before me—she fetched me, I went with her, and found a box broken open with a pair of tongs, which laid by the side of it—I had left it secure in the front parlour, and had the key in my pocket—I lost the property stated—I value it at 10l.—the prisoner did not live in the house—my wife went to look for him, and about eight o'clock in the morning I was going down Marylebone-lane, and saw him talking to two Jews—I immediately jumped up, collared him, and said, "What are you talking to those Jews for? come this way; there is a man waiting for you"—I told him had been robbed—I afterwards found part of my property.
ROBERT FAIRHEAD . I am a policeman. The prosecutor called me on the morning of the 15th of July, in Marylebone-lane, and gave the prisoner into my charge—I took him to the station-house and searched him—he gave a gold watch into my hand and said, "That is all I have got, I have got nothing more"—I searched him further, and found the silver watch in
his hat—he said, "Well, that is all I have, you may search where you will," I found in his waistcoat pocket thirteen silver tea-spoons.
Prisoner. Q. Do you take your oath that you took the watch out of my at? A. Yes—he did not give me the articles himself.
ABRAHAM HARRIS . I am a clothes-dealer, and live in Marylebone-Lane. About eight o'clock in the morning, I was standing outside my door, and the prisoner came up to me with another man and said, "If you will deal with me I will deal with you"—he walked into the shop and pulled but gold watch and said, "Will you buy this?"—I said, "No, I will have nothing to do with it"—he then pulled out two silver spoons, and said, "Will you buy these?"—I said, "No, I will have nothing to do them"—the other man said, "There is a couple of dozen"—the prisoner said, "No, there is one dozen"—the prisoner then asked me to lend him 10s. on the watch, and 5s. on the spoons—I said, I was not a pawnbroker-finding I would not purchase them, he went outside, and the prosecutor came and took him.
(Property produced and sworn to.)
Prisoner's Defence. I went to his house on Saturday night, the 14th of July, as he requested me to go, to put up a shelf for him—I took an Acquaintance with me named Jennings—I thought my wife was there, but she was not—my friend sat down in my company for five or six minutes—I said, "You wait here till I go into Crawford-street to see if I can see my wife or her mother"—I could not find her, and returned in five minutes—I then left with him—he took me to several public-houses—I got nearly but of my senses with drink—I found myself in the morning in a coffee-shop—he asked me where he could exchange some goods he had for clothes—I asked where they were—he said if I would wait there he would fetch them—he came back in half-an-hour, and brought me the things—he said, "Do you know where I can exchange the things?"—I said, I did not, except the Jews would do it, as it was Sunday morning—I went into a Jew's shop and asked him if he would deal with me—he would have nothing to do with the things, and I came out of the shop—I do not know how the things came out of the house, so help me God.
GUILTY . Aged 30.— Transported for Ten Years.
Before Mr. Justice Bosanquet.
1827. GEORGE BLAXLAND ROGERS was indicted , for that he, on the 27th of November, having in his custody and posession a certain bill of exchange for £50, upon which was then and there written a forged acceptance to the same, feloniously did utter the said forged acceptance, well knowing it to be forged, with intent to defraud John Dawson.
MR. CHAMBERS conducted the Prosecution.
JOHN DAWSON . I live at No. 4, Ann-street, Wilmington-square. I did live at No. 2, Oddy's-row, Islington-green-about a year and nine months ago, I saw an advertisement in the Times newspaper-in consequence of which I went to No. 3, Jewin-court, Jewin-street—I there saw the prisoner—I said I called in reference to an advertisement I had seen in the paper, stating that money was to be obtained on freehold property, life Interest, &c.—inquired for J. Pepper, Esq.—the prisoner said, "I am the principal—I caused the advertisement in the paper—I do business in that way, walk in"—I went in—he inquired the nature of the property, which
I described as a manor farm, and land situated at Wadsworth, in the west Riding of York—I told him I had a quarter share at the death of my father, who was aged sixty-four or sixty-five—he inquired the sum I wanted—I told him 150l.—he said he had no doubt he could obtain that sum for me—he said he had clients, making use of their names, living at Ips wich, who would purchase the property, and he had no doubt they would give me that sum—he desired me to call again in a few days—I did so, and saw him—he said he had seen his clients, and that he could not give me that, but he would give me 100l., which I agreed to—he said he would give it me, part in money, and part in a bill at two months—I agreed to that, and left—I was desired to call again, which I did a few days afterwards—he then said he had heard from his clients, who not having any money at their command, would give me a 100l. bill, or two 50l. bills—that was the third time I called, which was about a week or a fortnight after the second time—I agreed to take two 50l. bills—he did not give me them on that occasion—on the next visit to Jewin-street, which was the latter part of November, when I went into the front-parlour, or office, I saw two bills lying on the table—the prisoner then said, "I have received the bills from my clients in the country," meaning Ipswich—he produced them—they were ready prepared, with the exception of my signature as the drawer, on the supposed acceptor—this is one of the bills he so produced—(looking at one)—I looked at them—I inquired who this "Nicholson and Co.' the acceptor, was, and what they were—he told me they were merchants—I inquired what merchants—he answered, "general merchants," and that they resided at Ipswich, and were highly respectable men, and the bills would be paid on the day they were due—there was no address on the bill, but "3, Jewin-court, Jewin-street," as their address—I inquired how I was that the address was "Jewin-court," when he had just informed me they lived at Ipswich—he said they lived at Ipswich, and they would be in town, and the bills would be paid at Praed and Co., bankers, Fleet-street, where they were made payable—he then brought the bills from the front parlour to the back, where I saw Mr. Adolphus Warres, Attorney at Law, and Mr. Lewis the clerk—the latter two persons left the back and went into the front parlour, and the prisoner brought the two bills to me, and, laying them on the table, said, "Put your name there as the drawer"—I did so—we then went into the front parlour, where I saw a parchment lying on the table-when we went in, the two persons left, and went into the back parlour—they were then called into the front parlour—I then signed the said deed or parchment—one deed, and a memorial—they were not read over to me before I signed them, nor was I asked to have them read—after I had signed the bills were delivered to me by the prisoner in the presence of the two other persons—he said, when he delivered them to me, "Now, here are two bills as good as the Bank of England," and that they would be paid on the day they were due—the prisoner and myself then returned into the back parlour again, and after that, he took a sovereign out of his pocket, saying, "I will lend you this out of my pocket, which you can repay me when the bills are met"—that was in the back parlour—we then went to a public-house at the corner of Jewin-street, where we had some refreshment, for which the prisoner paid—he then named about the bills being good, and not to go and fool them away, for they were as good as the Bank of England-when the bills became due I presented them at Praed and Co's., but they were not paid—consequence
of that I called on the prisoner on my way home, and saw him—I told him they were not paid-"Oh,' he said, "my dear fellow, they will be paid; there is three days' grace allowed on all bills"—I went three days afterwards, and they were not paid then—I went to the prisoner again—he told me his clients were then in the country, but would he shortly in town, when the bills would be paid—I called repeatedly afterwards, and saw the prisoner repeatedly at the public-house—he always made some frivolous excuse, saying his clients would be shortly in town, and the bills would be paid, and so forth—I shortly afterwards gave him to custody.
Q. In the course of your visits to the prisoner, did you ever see Mr. pepper? A. Never, only since I have been here—(looking at the deed)—this is the deed I signed, and this is my signature for the money.
Q. This signature is for 298l.? A. Yes—I was not aware, at the time I signed it, that it was for more than 100l.—this is the memorial which I signed—I never received one farthing in consideration, only the two bills I have mentioned.
Cross-examined by MR. CLARKSON. Q. Mr. Dawson, you have never been asked who you are, or how you get your living? A. I am, I believe, what is termed a gentleman, though a little reduced perhaps—I do not live with my family—I have ceased to do so some time—I am at my father's almost every day—I presume, Mr. Clarkson, this has nothing to do with the inquiry—I have lived away from my family about a twelvemonth—I have lived there, on and off—sometimes I am there and sometimes not—the last time was about two months—I have slept there within less than two months ago—my father lives at No. 2, Oddy's-row, Islington-green—I now live at No. 4, Ann-street, Wilmington-square—I have lived here about five or six weeks-before that I lived in Wood-street, Old-Street-road, and several places—I lived in Northampton-street, Northampon-square, before I went to Ann-street—I went from there to Ann-street-occupied a back parlour in Ann-street—the landlady's name was Miss o'Brien—she is a single woman, to the best of my knowledge, between twenty and thirty years old—I have known her ever since I have been in the house, not before.
Q. What rent do you pay? A. Am I bound to answer that question?—well, I will satisfy you-3s. 6d. a week latterly, but it was more before-Ebbs was my landlord before I went to Ann-street—I am not a married man—I do not live alone—I live with a lady, who has, been some time under my protection—I have supported her as my wife—she is as virtuous to me as, if you have a wife, your wife is to you—it is not Miss O'Brien—I lived in the back parlour in Northampton-street—I lived there a fortnight—I lived in Queen-street, Northampton-square, before I went there—that is the next street, I think—I lived there about two days-allow me to say I paid my way-before I went to Queen-street, I lived in Popham-street, Lower-road, Islington—I lived there, I think, as hear as I can guess, about six or seven weeks, or it might be two months or ten weeks—I was a lodger there-before that I lodged at Mr. Baker's, No. 7, East-street, Hoxton Old Town—I lived there about the same time-eight or ten weeks-before I lived at Mr. Baker's I lodged in wood-street, Old-street-road—I had one room—I lived about eight or nine months there-before that I lodged at No. 8, Paul-street, Finsbury, between two and three months, and with the same landlady as I lived with in Wood-street—she left one house and I moved with her to the other—I went by the
name of Dawson—I never went by any other name—I have never taken apartments in any other name—I always went in my own name—I shall not answer your question.
Q. What means had you of living from the time yon went to parl-street, up to your coming to Ann-street? A. That which was afforded me by my father—I told you my father supported me in the first instance—that is the way in which I got, and still get my living—the only way—I do not get it in a dishonest way—I get it only by support I have from my father—I do not get it by any sort of work—I live by my father's support alone.
Q. Have you ever had money from the prisoner? A. Money has passed between our hands. Do you mean as consideration, or what different sums have passed, sometimes a sovereign at a time, sometimes half, and sometimes less-never more-altogether I suppose I have received between 7l. or 8l. from the prisoner—I will swear I have not received above 100l.—a sovereign is the largest sum I have received at one time—I have had a sovereign once or twice—I will swear I have not received 10l. from him—I have given a signature for every sum I have received—I will swear positively that I have not had more than 10l. altogether from him-when I saw him the first time I asked him if he was Mr. Pepper—he said, "No, I am the principal—I caused the insertion in the paper"-when I asked him if his name was Pepper, he said in an off-hand way between yes and no, "Walk in, I am the principal"—I believed he was Mr. Pepper-when I asked him, he said "No."
Q. Did you give the prisoner authority to put up this property by public auction? A. I did—I first saw the prisoner in October or November, last twelvemonth, about that time—I cannot tell what month it was in—I unfortunately kept no memorandum of these transactions—I have other property besides this coming to me at the death of my father, reversionary property—I do not live in a secluded way—I have played, and believe all of us have more or less—I think you are playing on my feelings now—I do not feel myself bound to answer whether I have played a good deal—I am twenty-nine years of age—I don't feel myself bound to tell you when I left my father's roof.
Q. I think I understand you to say you put your name to the deed and a receipt for 298l. without reading it? A. I did not know the sum I put my name to—I supposed it was 100l.—I never saw the consideration money—I could have read the figures, but I did not observe them—I don't believe the figures were there—they could be added after-Warren and Lewis were present when I put my name to it—I do not feel myself bound to tell you whether I applied to anybody else to dispose of the property, now how many persons I applied to, or how many persons I unsuccessfully applied to—I do not know who furnished the prisoner with the schedule of the land—he has been up to my father's, and he has a plan of the estate—he has been once to my father's—my father knew I was about getting money on the property.
COURT. Q. Did your father know you were about getting money through the prisoner? A. He did.
MR. CLARKSON. Q. Did your father ever go to the prisoner with you? A. Never—I did not observe the date of the deed at the time I signed it—it was about the 5th of December—I was in distress—I wished for something more than I had—I should have paid my debts when I obtained the money—it was for the purpose of paying my debts I borrowed the
money—they were debts part contracted for lodging, and part for rent—I not feel myself bound to tell the amount of my debts—they were partly or rent to my different landlords and landladies.
Q. I forget how long it is since you swore you always paid your way? I said from Queen-street, where I only staid two days—I paid my say for two days—I do not feel myself bound to say how many lodgings have gone away from without paying my rent—I will not answer—after executing the deed I only received these papers, which are no use to me, and how could it pay several pounds which I was in debt?—I do not feel would to say how many pounds I was in debt—I have always endeavoured pay my way—my circumstances have remained the same since I executed the deed as before—I was pressed for money at that time—I put my name as drawer to these bills, on the day I signed the deed—I read the bills, and asked several questions about them—I took particular notice of them—they were dated, November 23rd-when I signed the deed, I did not exactly notice the date of it—I was not aware of the date of the deed, till I saw it at Hatton Garden-had I known the day on which I signed the deed, was the 5th of December, I should then have made more inquiry respecting the date of the bills, being the 23rd of November—I believe I executed the deed about the 5th of December—I signed the bills the same day I received them—that was the day I executed the deed-as I said before, the deed not having been read over, I did not know whether it did not bear the same date as the bills—I first went to Praed's banking-house, on the 21st or 22nd of January last, and I went the second time three days after—I think the first time was on Monday, and Thursday was the second time.
Q. Did you ever go to see Mr. Crook the auctioneer, to see if he could sell "the property? A. Yes-being recommended by the prisoner—I went once to Mr. Crook—I do not remember whether that was in October last year—I made one application to get the bills discounted—I cannot exactly state the person's name to whom I applied, but he resides in a turning out of Holborn—I did not see him before I went to him for that purpose—I have seen him since, passing by—I do not know the name of the court—it is a turning leading into Lincolns'-inn-fields—it is in Turnstile—it is a tailor's shop—it was a young man in the shop I went to—I cannot positively say whether he was the master or the foreman—I was not referred to that young man by any one—I suppose it was some little time after I took the bills, that I went—I cannot say how soon after—I have applied to somebody else—I cannot exactly recollect the day I went to the person to discount the bills—it was not a month after I signed them—I cannot answer whether it was a fortnight or a week, it was under a month—I cannot say nearer—it was not a person I knew.
Q. How came you to go to him? A. I was promiscuously passing by and saw the party there—I went into the shop and asked him to discount the bills—the tailor's shop—I inquired if they did business in that way—He was the door and asked if I wished to buy any thing—I said, "I am not in want of any thing at present, but have you plenty of money in the house?"—he said, "Yes, I have a little, I have got enough for you; how much do you want?"—I said, "Why I only want a hundred, a couple of fifties;" and there is something for you to laugh at—I said if he had money in the house, as he said he had, I would have no objection to take a
coat and trowsers or so, if he would discount these bills—he said, if the bills were good he would do them for me—I do not recollect what name was over the door—I did not particularly observe the name—I never noticed, and I did not ask him his name, not till I went again-of course I went again—I never saw the man till I went the first time—he asked me to take a dress—I said, "I have no objection to take an article or two, I am not particular to 10l., or 15l. or so"—he said, "If the bills are good I will do them with pleasure; and if they are good you can have the money to-night"—this was Saturday afternoon—I never saw him afterwards on business—I might have met him promiscuously—I never saw him but that once, to be in his company, that I am aware of—I do not remember whether I went to the house again the same night—he said it the bills were good he would do them-another party came up stairs into the shop—the young man who had taken the bills of me passed them into his hands, to take down the particulars, the names and amounts; and he was going down to the kitchen, or cellar which he had come from with the bills.
Q. Was this the first time or the second? A. I only called once—I said the bills were good, and I also said, as the prisoner told me repeatedly, that they were as good as the Bank of England—it was my firm belief, then, that they were, not knowing any thing about the prisoner, I took him for a gentleman—I had got the bills in my pocket—I had been walking about to call at one place or another—the party was about taking them down into the cellar to take the particulars of them, but being a little doubtful, not having been in the shop before, and not knowing any thing of them, I said, "Can't you take down the particulars before my sight?"—I did not like the sight of the stairs, being very dark—I was a little doubtful of the appearance of the place he was going to, and of the security of my bills, and I might speak a little firm to him—he went down a few steps—the other called him up and said, "Come up here, the gentleman is doubtful about the bills—he is fearful you are going to run away with them"—he said, "Oh, here are your bills"—I wanted the money, and rather regretted being so sharp with him—I said, "I am very sorry I have offended you, I merely said to this gentleman, 'Why can't you take down the particulars before me as well as taking them down stairs?"—he would have no more to say to me, and put them down—after talking to the other one, I said, "I am very sorry I have offended you, if you will do them, I will give you a certain remuneration, and I should like them done as soon as possible"—he said "No, I decline them, if I had done them you would have had the money to-night, but I decline them altogether"—I said, "Oh, the fact is this, you have not so much in the house, and you will not do them, and put me of with an excuse because I spoke so sharp about them"—he would not cash them—I became vexed at my hastiness, and endeavoured to urge him to do them, and said I would give him remuneration—I cannot tell what month this was in—I did not ask his name-if he had taken down the particulars before me, I should then have said, "To whom do I entrust these bills for discount?"—or, in other words, ask his name, but he did not take the particulars—I recollect making another application to get the bills discounted—that was before the bills became due—it was not a month after the first application—I did not say that it was—I said it was under a month—it was not a week after the first—I made the second application
to a society—I think the Economic or London Discount Society, opposite Marlborough-street—that was in the month of January, soon after the beginning-about the first week, or first week and a half—I made no other application—I do not remember making any other—I decline swearing it—I might have applied to one more, to a man, I think, in the same business-a clothes-dealer, a tailor or draper, somewhere down Houndsditch—I do not know what number, and I forget the name—I was inquiring in the street as I went along, and a young man met me, and referred me to the opposite corner, as a party who did business in that way, namely, discounting bills—I was going over to the corner shop, and a young man at the door asked if I wanted to buy any thing, and I said as I did to the first, "If you will discount a bill I have no objection to purchase to a small amount"—I do not Know the name of the street, it was at the corner of—I said it was two £50 bills I had—I do not know the name of the street, but I could find it—I do not know the man's name—I have heard it, but I forget it—the young man referred me to next door, and gave me the name, but I forget it I went to the next door the same day—that was a day or two after—I applied the first time at the other place, in Great Marlborough-street—I do not remember applying to anybody after that—I can swear I did not, to any one else—I am sure of that—I did not go to Praed's banking-house before the bills were due, to inquire about Nicholson—I took the prisoner's words—he said they were highly respectable general merchants.
Q. On your oath, were not these accommodation-bills given to you to raise money on till the property could be sold? A. No, they were given as a consideration for 100l.—I got a sovereign from the prisoner the day I signed the deed—it was one year and four or five months after I first saw the prisoner that I got the bills—I had not got money from him in the mean time-just before I got the bills, there was a trifle between us, lent by way of loan out of his pocket—it was 14s. 9d., or somewhere about that, and there was 10s. charged extra for two advertisements, making 1l. 4s. 9d.—I did not write to Ipswich before I took the bills to inquire if Nicholsons were respectable—I did not get the bills noted when they were not paid.
Q. How lately before you caused the prisoner to be taken up did you go to him and ask him for money? A. Within a fortnight-within ten or eleven days—I did not ask him for money the last time, but within a fortnight I did—I asked him to lend me a trifle more, till the bills were paid—I could not find Nicholson—he was always putting me off.
Q. Did you not tell the prisoner at that time, that you were in such a state of poverty, you had not the means of finding yourself a lodging, and get 5s. from him to procure it? A. I might have told him so, having been put off so long, not receiving remuneration for my property, and I wanted to get what I could—I decline saying how often I have been in gambling-houses, or whether I lost my money in gambling-houses—I decline saying whether I had been a hundred times in gambling-houses since the 5th of December, 1837, and I deny it too—I never proposed to keep a house of ill-fame—on the solemn oath I have taken, I never did; but the prisoner suggested it to me.
Q. On your oath, did not you tell the prisoner you wanted to raise money on this property—that you were living with a woman who kept a b-y-house, and could make 7l. a week by it, and that was why you wanted the money? A. On my oath I deny it—I have not bought any
furniture since I got these bills—I decline saying whether I have tried to get any body to let me have any.
PHILIP COTTON . I am clerk in Messrs. Praed's banking-house. There is no firm of Nicholson and Co.'s bank at our house, nor any person of the name of Nicholson—I do not know the signature to this acceptance—(looking at the bill).
Cross-examined. Q. If anybody had applied to you during the running of that bill as to information about Nicholson, of Ipswich, you would have told them you had no such customers? A. Certainly.
JOHN PEPPER . I live at No. 2, Brewer-street, Pimlico, and am an attorney—I had formerly an office at No. 3, Jewin-court, for a short time. The prisoner was at that time in my service as clerk—I left there about June, 1837—I never authorised him to insert any advertisement in the paper to raise money in my name.
Cross-examined. Q. Has it happened to you that persons have been in the habit of practising as attorneys in your name? A. I do not understand your question—there are none in the profession that practise in my name, that I know of—I swear that—I never permitted any persons to practise as attorneys in my name—I never knew of it—I never participated in any profits of a person practising as an attorney in my name—I never shared the profits of my business as an attorney with any person not an attorney—I swear that—I never took any money from any person for business done in my name as an attorney, to my knowledge—I never received payment for business done of which I had no knowledge—I was about twelve months in Jewin-court—I did not live there—I lived at Brompton, and had an office there—I had an office at that time at Hull, in Yorkshire-nowhere else—I conducted the business at Hull myself, with the assistance of a clerk named Fenwick—I have a certificate as an attorney—I always take out my certificate regularly—my name was not over the door in Jewin-street—my name was in the master's book—it was not in the Law List for 1837, because it was taken out after January—I believe it was taken out in February, 1837, by the prisoner, as my clerk—I am not aware that he paid for my certificate with his own money—I understood from him it was taken out with money he stated he had received on account of my business—I do not know from whom—my certificate is not taken out this year—I have been regular in taking it out every year I have been in business—it will be taken out this year—I never omitted taking it out.
Q. Why not take ft out this year? A. That is a question for my own consideration—I took it out myself in 1836, with my own hand, and also in 1835, and every year besides 1837—I took it out myself since I have practised in town, which has been six or seven years—I do not know who the house in Jewin-court belongs to—the prisoner was the housekeeper there—I knew him as housekeeper there about a couple of months before I took an office there—I did not pay him rent or a salary—the principal consideration with me was to have an office free of any charge—he was paid from certain profits arising out of any business he could procure—he received the whole of the profits of any business he could get, except the 12l. for my certificate-an arrangement was made when I went there that he was to receive two-thirds of the profits, and I one-third, but that was never carried into effect—there was nobody else with whom I made the same arrangement, nor ever has been—I have never had any account of business from the prisoner—I have asked him for one, but he always put me off,
and never furnished it—he was at liberty to bring all the business he could to the office—I do not read any one newspaper in particular—I did not remove the office furniture when I went away—I never had any there—I never had any other clerk there—there was a clerk there, named Lewis—I believe Rogers paid him—I did not—there was nobody else—I never knew anybody else there—my object was to have the use of the room to carry on my Professional business—I did carry on my business there—the agreement was that I should have the room to carry on my professional business in, and the prisoner act in my name, and receive two-thirds, and I one-third, on his accounting to me for all business brought to the office—there was no undertaking for the prisoner to pay for the certificate—there are books of account, I believe, at the office, which were kept by the prisoner, and, most probably, bills of costs and drafts of proceedings.
Q. On your solemn oath, have you removed a single article, draft, paper, or writing of any kind? A. Yes; the papers which belonged to myself, relating to my private business—I have no knowledge of the draft of this deed—I do not recollect the last time I was at the office before the prisoner was taken into custody—I might have been there in January last, and probably in February-not in March, April, or May—I think I called in March for some papers he had belonging to a client of mine—I will swear I was not there more than twice in March—I have called about twice within this twelvemonth—I do not believe I was there in February—I will not swear it—I do not recollect whether I was there in January—I will not swear I was not—I was very probably there in December, 1837—I will swear I was not there in November, 1837—I have lived in Brewer-street, Pimlico-since I left the prisoner's office, I have removed my office to Pimlico, and have no office in town—I lived at Brompton, I believe, seven or eight months—I lived at Chelsea four years before that, and before that I lived in the neighbourhood of Chelsea—I have had about four different residences within the last five years—I will swear I have not had twice as many—I lived at Southampton in 1829—I was an attorney there—it is nine years ago—I have had about four residences since that-not half-a-dozen-Blunden, Spinks, and Co. are my agents at Southampton.
THOMAS STOCKINGS . I am a saddler, and live in St. Peter's parish, Ipswich. I have lived there twenty years—I have seen the prisoner at Ipswich two or three times—I saw him there about twelve months ago at an inn—I am well acquainted with the town and neighbourhood of Ipswich—I know nothing of any firm of the name of Thomas Nicholson and Co., general merchants there—there is no such firm there—I have made inquiry of the tax-collector, and at the Post Office, and have not been able to find any such firm—I have not been able to find any general merchant of the name of Nicholson.
JOHN HILL . I am clerk to Collis, Smith, and Co., attorneys and solicitors, New-square, Lincoln's-inn. I have produced the memorial and deed—I received them from the prisoner on the 10th or 11th of January last, as collateral security for a joint note of hand for 100l. to enable a person of the name of Lane to take a public-house—the prisoner became joint security.
JESSE COAL . I am an attorney. (Looking at the bill)—I am not sufficiently cognisant with the hand-writing of Mr. Nicholson to be able to swear this is his—I know a party of the name of Nicholson—I forget his Christian name but I think it is Thomas—the prisoner was articled to me—I only know Nicholson through the introduction of the prisoner—I at that time lived in Welbeck-strect, London—I think in the year 1832, a man of the name of Nicholson came to me on the recommendation of the prisoner, and employed me to issue a writ for him against a man named Payne—I have see him frequently since about the Judges' chambers at Sergeant's-inn—I believe he employs himself to make affidavits just to suit any purpose which may be required—I was never at Ipswich—my opinion is, if that be the same man he is capable of any species of fraud that may be devised—I do not know of his carrying on business at Ipswich as a merchant, nor of his being in any firm; in fact, I should not have been concerned for him if I had known his character—I do not believe this acceptance is the hand-writing of that Nicholson—I will not positively swear it is not—the man made an affidavit to hold another party to bail, and I have seen his writing, but should not recollect it—I cannot say positively one way or the other—I do not believe that I said before the Magistrate I believed it was his writing—I believe my deposition was taken—I swore that it was not Rogers' writing-to the best of my belief I did not state it was Nicholson's hand-writing—I do not believe I could have said it.
COURT. Q. You said you were an attorney, have you got your certificate? A. I have not at present—I have not taken it out this twelvemonth—I am nominally on the roll—I have not been struck off—I am at this time applying for re-admission—I was opposed by an affidavit of the prisoner, which was full of perjury—I was opposed by the law Society—the affidavit is before Mr. Justice Coleridge.
(Witnesses for the Defence.)
JOHN LEWIS . I live in Charlotte-court, Redcross-street, Cripplegate. I was clerk to Mr. Pepper—I left him on the 3rd of February this year He was occasionally in the habit of coming to the office, up to that time but not often—I know the prisoner very well, and I also know the prosecutor—I have seen him many times—I remember his coming to the office, for the purpose of raising money on some property of his—I was in the habit of entering his name in the day-book—I know that Rogers has at various times advanced him various sums of money—I cannot tell to what amount—I cannot say I have seen him make advances, but I have heard him ask for money-even in the absence of the prisoner he had often asked me if I could lend him 1s. or 2s.—I know Thomas Nicholson very well—I cannot say that I have seen him write—I have not seen writing of his that I have acted on—I never saw his writing—I have seen him at the prisoner's office many times—I have heard from the prisoner or prosecutor that he had the acceptance of Nicholson—I will not be positive whether Nicholson has ever been in the office, when the prosecutor has been there—I knew from the prosecutor that he had accommodation bills from the prisoner.
MR. CLARKSON to JOHN DAWSON. Q. Did you ever tell that man (Lewis) or saw in his presence that you had two accommodation bills of Nicholson's from the prisoner? A. Never—I told him I had two bills drawn on and accepted by T. Nicholson and Co., and that is all I said, that I had two bills, but not as accommodation.
JOHN LEWIS re-examined. Q. Did you ever hear from the prosecutor at he had two accommodation acceptances of Nicholson's from the prisoner? A. Yes; I witnessed the execution of this deed by the prosecuter—(looking at it)—I believe these large figures, 298, were there when put his name to it—I have no reason to think they have been put there since—I saw him execute the deed—the property was advertised for sale—I quitted Jewin-court on the 3rd of February last—I have never been business there since—I do not remember ever seeing Nicholson write-saw him last Friday evening—I served him with a subpoena at No. 57, castle-street, Leicester-square, at a butcher's shop of the name of Bustini-had been for days and nights there watching for him before I could serve him—I had made efforts to see him before—I saw him three times before at, but could never get him to take the subpoena; nor did he take it then, was obliged to leave it on the butcher's block for him—Mr. Mead was with me to see the service of it—I have known Nicholson about three years.
MR. CHAMBERS. Q. Do I understand you to say the prosecutor told you he had two accommodation acceptances? A. Yes; the impression on my mind is that he used the word "accommodation."
Q. Now, in the hearing of the Jury, when out of the Witness-box, did not you say he did not use the word accommodation, while Dawson was being hamined? A. What I said, I believe was, "I am not positive it was accommodation"—I am not positive he used the word accommodation—I have been in the same office with the prisoner three years—I was Mr. pepper's clerk—the prisoner was Mr. Pepper's managing-clerk—I do not know whether I was the prisoner's clerk—he did not practise for himself—I was under his directions, and suppose he was under Mr. Pepper—I was at the prisoner's house before Mr. Pepper had anything to do with him—I was there when the prisoner practised for Mr. Warren—I was under he prisoner up to January, 1836—I was under him from March 30th, 835—I was under Mr. Warren, and the business was done in Mr. Warren's name—he is an attorney.
Q. Before you went to Mr. Warren, how did you get your living? A. was a draper originally—I was not a draper when I went to Mr. Warren 1835—I had been a publican, previous to that, in 1833—I had been doing nothing particular in those two years—I got my living on my own property-means I have got myself—I have got property in Tenby, in Wales—it is my daughter's, and she assists me with money when I want it—have no property of my own—I did not live wholly upon my daughter's assistance from 1833 to 1835—I got assistance from my friends, in one way or another-when I was a publican I kept the Three Tuns, in Brook-street, lost the licence, as I was absent from home, and some improper person insulted Mr. Laing of Hatton Garden—I do not know whether they were pickpockets, but I was told so, and the licensing day being very handy, Mr. Laing stopped the licence—I ceased to be a draper in 1816, when I was obliged to compound with my creditors.
WILLIAM MEAD . I am a farmer, but have not been in business for some time. I lived at Ipswich—I know Thomas Nicholson—I have seen him Write—I believe this acceptance to be his—I saw him write at the Bull, in Jewin-crescent—I cannot say what he was writing—I know Henry May—I saw him serve that same Nicholson with a subpoena on the 10th of July last, at a quarter to ten o'clock at night—I have heard that Nicholson
lived in White Lion-street, but he was served at No. 10, Leicester-square—I cannot say whether that is a gambling-house—I afterward went with Mr. Lewis to serve him with a subpoena to attend this Sessions—I saw him then at the same place—we were waiting sometimes two hours, sometimes three, and sometimes four hours, before we could get an opportunity of serving him—we were there at night as well as day—we served him in a butcher's shop, in Castle-street, on the 17th of this month—we had been looking for him two hours that night, and frequently day after day, on the 21st and 24th of July, and the 3rd and 17th of August—I have known Nicholson since the autumn of last year.
MR. CHAMBERS. Q. When was it you saw Nicholson write? A. cannot say the day of the month—it was in the autumn of lost year, a some time about November, at the Bull, in Jewin-crescent—the prisoner was there—I went there to take a glass of brandy and water with the prisoner—I only saw him write that time—he was writing on a sheet of paper-what it was I do not know—I did not read what he wrote, and never saw it afterwards—it was at No. 16, Leicester-square, we served the subpoena, inside the back gate, going the back way of the house, which is in Cranbourn-alley, I think—I have not been in any business for the last two years—I am supported by my friends—I left off being a farmer, finding it would not answer—I have not got my living in any way besides from my friends—I have known Rogers since October, 1836—I first met with him in Jewin-court—I went there, through an advertisement in the newspaper, on the recovery of property by means of a law-suit by Mr. John Pepper—that was my introduction to the prisoner—I lived at No. 1 Victoria-terrace, Woodbridge-road, Ipswich.
MR. CLARKSON. Q. Are you quite sure that the Nicholson you served with the subpoena was the same as you had known since autumn? A. Yes.
HENRY MAY . I was employed to serve a subpoena on Thomas Nicholson before the last Sessions—I fancied he was the man—I had seen him once before, but at the time I first saw him I did not know him to be cholson—I afterwards found it was Nicholson—I served him with a subpoena last Sessions through a court leading to the Panorama, in Leicester-square, No. 16, but there is a back-way to it—I have understood it to be a gambling house, but I do not know it—he received the subpoena from me.
MR. CHAMBERS. Q. Did you know him before? A. I did not, except two or three days previous, when I went to Leicester-square, and saw him in front of the house—I had a description of what sort of a man he was—that he was a short stoutish man, dressed in a green coat and velvet collar.
(THOMAS NICHOLSON being called on his subpoena, did not answer.)
GUILTY . Aged 38.— Transported for Life.
Before Mr. Justice Coltman.
1828. JOHN BROWN, alias Speechley , was indicted , for that he, on the 21st of July, upon James Gale, senior, unlawfully, maliciously, and feloniously, did make an assault; and that he a certain pistol, loaded with gunpowder and a leaden bullet, unlawfully, maliciously, and feloniously, did shoot off and discharge at and against him, with intent to kill and murder him.-2nd COUNT, to maim and disable.-3rd COUNT, with intent to do some grievous bodily harm.-4th COUNT, that he, being armed with two pistols, in and upon the said James Gale, senior, feloniously did make an assault, with a felonious intent to rob him, and his monies from his person, against his will, violently and feloniously to steal.
MR. BODKIN conducted the Prosecution.
JAMES GALE , senior. I am a lieutenant in the Militia, on half-pay, and live in Norland-place, near Nottinghill, Kensington. On Saturday, the 21st of July, I went out to take a walk with two of my children, a little girl rather more than nine, and a boy rather more than ten-as I returned, I came down a lane at the back of Lord Holland's park—on coming to a turning leading into Camden-road, I saw a man sitting on a basket—he could look down the lane, and see into the Camden-road—after passing him, I got to a bend in the lane, some distance further up—I was conversing with the little girl on my right, and on raising my head, I first saw the prisoner close to me, standing with his face to me-his hands were apparently down—I did not notice any thing in his hand at the moment—the moment he discovered that I saw him, he placed himself before me, and said, "Your money, sir"—he had two pistols, one in each hand—I was fearful, if he fired, he might kill the children, and said, "Money! no, indeed!"—I pushed the children away on one side, and sprang forward and tried to disarm him-and he fired the pistol in his left hand-as I sprang at him I felt the ball strike me a tremendous blow, and felt I was wounded before I reached his right hand, and grasped the other pistol—I was wounded in the upper part of the right thigh—I still went towards him, and succeeded in getting the other pistol from his right hand—I presented it at his head, and then he tore from me—we had rather a sharp struggle, and on my putting the pistol to his head, he ran away directly towards where the man was sitting—I called out, "Stop him"—the man took up his basket, and ran away in the same direction as the prisoner did—I saw the prisoner in custody in about ten minutes after, and identified him immediately—I am certain it was him—I attempted to discharge the pistol I took from him as he was running off, but it missed fire—I afterwards looked at the part of my dress where the ball struck, and found my trowsers were cut—I had sovereigns in one pocket of my purse, and silver in the other—my pocket was cut at the part where the ball was received, and the money protruded—my purse was cut, and a bruise caused by the blow, a very severe one—I was present when the prisoner was searched, and saw taken from him some bullets, two charges of powder, and some powder in a phial, some pawnbroker's duplicates, and a bludgeon from his right-hand pocket—he was a perfect stranger to me.
Cross-examined by MR. PHILLIPS. Q. Are you quite sure the prisoner did this? A. I have not the slightest doubt of it.
JOHN KAY . I am gardener to the Duke of Bedford. I was in the garden when this occurred—there is a gate in the garden leading into the lane—I heard somebody run past—I opened the gate, and saw a person running down the lane—I pursued him, and when he was stopped, I saw a pistol in his right-hand—I tried to take it from him, but did not succeed—he put it in his right-hand pocket—I then secured him with the pistol in
his pocket—the under-gardener came to my assistance shortly after, and when the pistol was taken from his pocket it was unloaded—I cannot say whether it had been recently discharged—I saw the prosecutor in the course of five or six minutes, and he identified him as the man—it was the prisoner.
ROBERT WHITE . I am a policeman. I was called to take the prisoner into custody—I found him in the station-house, with the prosecutor and last witness—I searched him-a pistol was given me by each witness—the one given me by the gardener appeared to have been recently fired—Mr. Gale gave me the other, which is loaded now, and the bullet is in it—I took this bludgeon out of the prisoner's coat pocket—he said he had been shooting at pigeons—I have the powder and other things.
MR. PHILLIPS called
LUKE OWEN . I keep the Cleveland Arms, Montague-street, Portman-square, The prisoner was in my employ for five weeks, since his return from Spain, and immediately before this transaction—he is occasionally in the habit of taking drink, and then he is very flighty—he is not so at all times—I thought him a little flighty, and so did my customers-when perfectly sober he bore a particularly good character.
RICHARD MARTIN . I am beadle of Kensington parish. I have known the prisoner six or seven years—I never knew anything against his character before—I have known his family living in the parish some years ago-his father I removed from Hoxton madhouse, as a lunatic, in 1836—he remained in the asylum a year and a half.
GUILTY . Aged 20.— Transported for Life.
(There was another indictment against the prisoner for a similar offence.)
First Jury, before Mr. Recorder.
HORACE TABRUNN . I am a gold-beater, and live in Nassau-street, Middlesex Hospital. Hore Browse Frist is foreman to Messrs. Smart, of Titchbourne-street, who are customers of ours. On the 11th of April the prisoner came to my shop and produced a written order, which I produce, directed to me—I looked at it, and delivered him five books of leaf gold on the faith of that—it came to 6s. 7d.—he left the shop with it—read-"To Mr. Tabrunn, 11th of April.-Please send by the bearer five books of gold.—H. B. FRIST, 16, Dean-street, Soho."
HORE BROWSE FRIST . I am foreman to Messrs. Smart, and live in Dean-street, Soho. I have known the prisoner some years—I did not send him on the 11th of April with this note—he never delivered the gold to me—the note produced is not my hand-writing, nor was it written by my authority.
Prisoner. Q. Some time before did I ask you to let me have goods in your name, and you say I might have anything in your name, and you would do anything you could to serve me? A. No, I did not—I never authorized you to obtain any goods in my name.
Prisoner's Defence. Some time before I asked Mr. Frist if I might get me articles I wanted to make use of; he said anything in his power I
might make use of his name-not having the money, I wrote the order in, his name, intending to pay him.
GUILTY . Aged 20.— Transported for Seven Years.
(There were three other indictments against the prisoner.)
1830. JOHN DAY was indicted for burglariously breaking and entering the dwelling-house of Alexander Robinson, about one o'clock in the night of the 11th of May, at Hammersmith, with intent to steal, and stealing therein, 4 coats, value 11l.; 4 pairs of trowsers, value 5l.; 3 waistcoats, value 3l.; 6 shirts, value 3l.; 4 handkerchiefs, value 15s.; 1 eye-glass, value 2l. 10s.; 1 ring, value 3l.; 3 studs, value 15s.; 6 spoons, value 30s.; 1 pencil-case, value 7s.; 1 hat, value 1l.; and 2 pairs of boots, value 2l. his property; and that he had been previously convicted of felony.
SARAH SNOW . I am servant to Mr. Alexander Robinson, of Kendal-place, in the parish of Hammersmith. He keeps the house—on the 11th of May I locked up the house at night, and went through it to see it was all safe—I went to bed at eleven o'clock, and was called next morning by Ladley, the groom—I found the house in confusion, and missed the tea-spoons and salt-spoons—I found the door from the house to the garden quite open—I had left it shot-master's dressing-room window was open—there was a light in the hall, and the shutter was burst open—it was all safe when I went to bed—I afterwards looked about, and in a ditch found a frock coat—it was just striking six o'clock when I was called-whatever occurred must have happened before six o'clock.
WILLIAM LADLEY . I am groom to Mr. Alexander Robinson. On the morning of the 12th of May I got up a few minutes before six o'clock-when I came to the bed-room door I found a large trunk taken down, and a writing-case taken out of it—I went down, and found the door leading to the garden wide open, and a light burning—I found master's dressing-room door open, and clothes all lying about-a large chisel was lying by the dressing-room door, the kitchen drawers were all open, and the things on the floor—I found some plated waiters lying on the floor—I went up and alarmed the servant, and went off to the station-house immediately—I afterwards missed some shirts and a coat belonging to my master from his dressing-room.
ALEXANDER ROBINSON . I live in Kendal-place, Hammersmith. On the morning of the 12th of May I looked about my dressing-room, and missed a great-coat, and several coats, waistcoats, trowsers, hats, boots, a gold stud, an eye-glass, and other things, which are worth about 33l.
BOLEHE HARRIS . I was a police, constable of the T division at the time in question—I have left to take a situation in the Steam Boat Company's employ. On the morning of the 12th of May I was called to Mr. Robinson's house, and found a coat under the hedge of the prosecutor's garden, and in to dressing-room I found a waistcoat—the locks were all broken—I found two boxes of lucifer matches in the dressing-room, a chisel, and a blue waistcoat with one pawnbroker's duplicate in the pocket-in consequence of the address on the duplicate, I went to a pawnbroker in the Commercial-road, and from that took up the witness Samuel Marsh, and something he said led me to John Shelton, the prisoner's brother.
SAMUEL MARSH . I am a bricklayer and plasterer, in Back-road, Shadwell. Between two and three months ago, I gave a pawnbroker's duplicate to the prisoner, for a coat pawned at Latter's, in Commercial-road, for 7s.,
in the name of Stratford—this is the duplicate I gave—I have no knowledge whose waistcoat it is which it was found in—I think the prisoner wore a smock-frock when I gave him the duplicate.
Prisoner. It is false about his giving me the duplicate—he spoke of it at a public-house where we had been drinking—one man had a coat on like that, and a waistcoat—he threw the duplicate down on the table, and next morning came to me and asked if I meant to get his coat out—I said I never had the duplicate, and he said he would take an affidavit. Witness. It is false—I gave him the duplicate for nothing.
SEARLE WHITLOW . I am foreman to Mrs. Latter, a pawnbroker. On the 14th of August, 1837, some articles were pawned by Miss Stratford, the sister of the witness Marsh—I gave her the duplicate for a coatee, for 7s.—I produce the coatee—it was pawned in the name of Ann Stratford.
SAMUEL MARSH re-examined. I have nothing to swear to this coat by—I told the officer it had green pockets—I have no doubt it is the coat that was pawned—it is the coat of which I gave the prisoner the duplicate—it was pawned by my sister Stratford-either her or my mother pawned it—she is no relation to the prisoner.
Prisoner. It is very false—he never gave me the ticket. Witnees. I am sure I gave it to him, and he took it—he did not ask me for it, but I saw he was in want of a coat, and he said if he could get any money he would buy a frock coat—I had only known him about four months.
PHILIP COLEMAN . I live in Match-walk, Shad well. The prisoner lodged with me for two months—I remember the constable calling on me—the prisoner had not been home that night—the constable called in the afternoon—the coat produced by Harris is the coat the prisoner wore when he lodged with me—the prisoner came home the morning the constable called, in a different dress to what he left the lodging in.
Prisoner. I had the same dress as I left in, all but the trowsers. Witness. No such thing—the night before the constable came he did not sleep at my house—that was the night of the robbery.
ROBERT HICKS . I live at the Red Cow. I saw a person in the yard, opposite Mr. Robinson's, with a coat on, torn under the left arm—it was a kind of blue, or Mack—he had an old hat on, and light whiskers—I never saw the prisoner before-if it is him he has got freckles on each side of his face—I met him in the yard as I came out of the out-house.
Prisoner. At the office he said he did not know me, that I was not the man, nor any thing like the man, for it was not so tall a man as me, Witness. That is wrong.
ENEAS M'ALLEN (police-constable K 95.) I apprehended the prisoner in High-street, Shadwell, and took him to the station-house—he said he was not the man, that his name was John Day, that he was quite a stranger in the neighbourhood, and had come from Birmingham-none of the property has been found.
Prisoner. I have known the policeman ever since I have been about the neighbourhood—I have passed him before and after the robbery—he never saw any thing wrong of me.
PHILIP COLEMAN re-examined. The coat produced by Harris is the one the prisoner wore when he was lodging with me—I cannot say when he last wore it—he wore it not eight days before the robbery—he did not sleep at my house on the night of the robbery, nor afterwards—he had not given me any notice—he came to my house the morning after, but did not
stop—my house is six miles from the prosecutor's—I did not see him the day before at all-not on the night of the robbery-not for forty-eight hours—my house was his usual place of sleeping—he was a constant lodger.
Prisoner. I had people here last night to show where I was at the time of the robbery, I never had the duplicate.
Witnesses for the Defence.
JOHN SHELTON . I am the prisoner's brother. I came here last night with the woman where he lodged—she is not here now, as her child is very bad—she lives somewhere in Limehouse-fields—I know the witness Coleman—my brother lodged with him, and I lodged with him too, but only used to go there now and then, and pay 4d.—there used to be a number of costermongers and others lodging with him.
Q. You are quite clear he was not with you on the night of the robbery? A. I cannot exactly tell the time it was now—I remember hearing of the robbery—I was taken up for it, and this officer said it was me did the robbery—he wanted the young man to swear it was me did it—I do not think I ever saw this coat before—it is not the coat my brother constantly wore—I never saw the waistcoat before—my brother did not wear such a coat at Coleman's-quite a different one altogether—he used to wear a smock-frock, as he has now—I do not know that I ever saw him wear such a coat as this—I lodged pretty constantly with him when he came there, but it was very seldom he came there—he lodged in Catherine-street, Limehouse-fields, with Mrs. Chambers, I think her name is—I never lodged there—I have seen him washing himself there, and in and out after work—I never saw that coat, I will take my oath—he might wear a coat a year or two ago.
JURY to ROBERT HICKS. Q. I think you said the prisoner had light whiskers? A. Yes—I will not swear to him—the Red Cow is thirty or forty yards from the prosecutor's—I saw two persons sitting on the bench.
WILLIAM ISAAC (police-constable K 223.) I produce a certificate which I got from Mr. Clark's office—I was present when the prisoner was tried, in August, 1836—he is the same person described in that certificate—I took him into custody—(read.)
GUILTY . Aged 19.— Transported for Ten Years.
1831. JOHN HENRY AUSTIN, SARAH NEVILLE, SARAH CHAPMAN , and ELIZABETH JONES , were indicted for stealing, on the 30th of June, at St. John's, Clerkenwell, 1 boa, value 4s.; 2 gowns, value 12s.; 6 caps, value 9s.; 3 neckerchiefs, value 18d.; 3 handkerchiefs, value 1s.; 4 pairs of stockings, value 5s.; 2 shifts, value 4s.; 1 pair of shoes, value 4s.; 2 petticoats, value 3s.; 1 pair of gloves, value 1s.; 2 collars, value 4s.; 2 combs, value 18d.; 1 hair-brush, value 2s.; I tooth-brush, value 1s.; 1 pair of scissors, value 6d.; 4 gowns, value 3s.; I brooch, value 18d.; 1 printed book, value 1s.; 2 sovereigns, 3 half-crowns, and 6 shillings; the goods and monies of Lucy Jackson, in the dwelling-house of Ann Houlding; and that the said Sarah Neville had been previously convicted of felony.
MR. RYLAND conducted the Prosecution.
LUCY JACKSON . I now live with Mr. Penny, the Inspector of Police in Clerkenwell-before I came to London I lived with ray uncle at Great Burford, in Bedfordshire—I came to town in the wagon, and I arrived here on the last day of June, between five and six o'clock in the morning—I was set down at the wagon-office, in St. John-street—I endeavoured to get a place of service—I went to a laundress, and they were not up—I afterwards went into a public-house which was open—I there saw the prisoner Neville—she said she was a country person, and her husband had been dead seven years, and she invited me to go to her house to breakfast—I had brought a trunk with me to town, containing my clothes, as stated in the indictment-most of them were new things, and were worth about 3l.—I had bought them myself, and I had 2l. 13s. in money in my pocket—I went with Neville to her house, and carried my box with me almost all the way, and she took it and carried it up stairs-when I got there, the prisoner Chapman got up and let me in—I found her lying in bed, ill—I laid down for about an hour in the same room my trunk was in—I then got up and had breakfast—I saw all the four prisoners at breakfast-Austin and the black girl Jones came up while I and Neville and Chapman were at break-fast, and took breakfast along with us—after breakfast Neville asked me to lend her a shilling to buy her some coals, and I lent her one—my money was loose in my pocket-Chapman took the shilling, and went for the coals, and the boy brought them up while I was in the room-Neville then told me to go out for a walk with Austin (who, she said, was her brother) and Jones, while she cleaned up her room—she said there were such rogues in London, if I did not leave what money I had in my pocket, they would take it away from me—I took my pocket off, and put it, money and all, into my box in her room—the box was not locked or corded; it was tied up in a brown shawl—I had seen my money in the morning when I paid my fare in the wagon—I had three half-crowns, five shillings and sixpence, and two sovereigns-except the shilling I lent Neville, the rest was in the box-Austin, Jones, and I then went out, and walked about for three hours-Austin said he could tell me of some work—he knew a friend who could get me plenty of good work—we went into a public-house, and he wrote a letter there to get me a situation, and said I might mention his name when I got there—I have got the letter—I left the public-house with him and Jones—she did not hear what he said about the letter, as she was gone out—she came in again just as we came out of the public-house—I do not know that she heard any of the conversation about the letter—we all three came away together, and Austin said to me, "Young woman, don't you think you can find your way back again to Neville's room?"—I said, "No, I am quite a stranger in town, and don't think I can"-Jones said she had been cook eleven years in a family, and was going out for half a day, and should get 5s. and plenty of broken victuals, and she must leave me—they then left me—I told Austin I wanted to find Neville's house, to get some clothes and money—he went with me, and pretended to show me into Neville's room—he left me at the bottom of the stairs, and said, "That is the room, go up there, young woman"—he then went away—I did not know it was not Neville's room till I went up stairs, and found nothing but shoemakers there-when I came down he was gone—Jones
had gone before—I was in the street, crying—I went into the next house—they called the policeman over to me—I told them how I had been served—they took me to the station-house, and then I went to look for Neville's house, but could not find it—at last I went back to the station-house, and they sent me into the country-again, to my uncle's-when I had been there a week, Mr. Penny came, and brought me to town, and I have been there ever since, and he has taken me into his service—I went before the Magistrate, and have got most all of my clothes and some money back.
Chapman. Was not I in bed when you came to my place? did not I get up and go out and order tea and sugar? Witness. Yes, you got up, lit a fire and went out, and got breakfast-you had breakfast with us-you were not in bed then—I did not see Jones apply any leeches to you.
Neville. Did not you drink a glass of gin at the wine vaults? Witness. Yes, as I felt very faint, and you had some cider—there was no butcher-man there who carried my box—I carried it my self—this is my deposition—(looking at it—the deposition being read, stated, that she had met a butcher in the street)—I met a butcher and asked him where there was a laundress lived, he directed me up the court, but they were not up—I met him again, and he told me to go into the public-house and stop till they were up, which I did, and met Neville there.
JOHN HULL (police-constable G 220.) On the 30th of June, I apprehended Jones, in West-street, St. Andrew's—I afterwards went with her to Neville and Chapman's place, in Turnhill-street, and apprehended them—it was about eleven o'clock at night-Neville was partly undressed and going to bed—she pulled off a pair of white stockings, and put on a pair of black ones—the prosecutrix swears to the white ones—I found several new things in the place, which the prosecutrix does not claim—I produce the stockings—I discovered a lotfof wood-ashes under the fire-place—I afterwards went with the sergeant to the lodgings, and found the handle of a box-Austin was given into my custody—he said nothing.
LUCY JACKSON re-examined. That is the handle of my blue box which I took to Neville's—these stockings are mine—the black ones and the white ones too—I know them by this mark—they were quite new—I had put no mark on them, but there is a blue stamp on them, which was there when I bought them—the black ones I have only worn once—I know them by a stamp on the top.
Neville. I bought them myself in High-street, Borough.
"To Mrs. Plummer, at Mrs. Head's, Isleworth, near the Packborse, Turnham-green. Dear Madam, I have sent you this young woman to get her a situation in a laundry, near your place—she is from the country, with an excellent character, and wishes a situation, and you will much oblige your humble servant,
"T. H. PALMER."
Austin. The Magistrate sent to Turnham-green, and found this woman was a laundress there.
GEORGE FINDLAY (police-constable G 4.) On the 30th of June, I was at the station-house, in Rosoman-street—the prosecutrix came there with a Policeman, between three and four o'clock in the afternoon, and I went with her to endeavour to find the place she had been to, to find her property—I
went with her for nearly two hours without success—she could not tell where she had been—I could only trace that she had been seen with a black woman-Inspector Penny sent her back into the country that night-in the course of the same evening Jones was brought to the station-house, and next day I went with Hull to Neville's room—I searched the house and found this handle of a box in the ashes, on the 30th—I went to Bassington's, in Golden-lane, on Sunday the 8th of July, and there received three caps and three handkerchiefs—on Tuesday the 10th, I received a quantity of wearing apparel from Mary Ann Halton, in Golden-lane, which I produce-a person named Hooker was apprehended, from Bassington's account, and was discharged.
LUCY JACKSON re-examined. These are my caps and handkerchief—they are new—they were marked "L. J.," but the mark has been picked out-here are the traces where they have been—it was marked in red marking thread—the handkerchief is marked "L. J.," also—that mark remains-only one is marked—I know this other, because it is new—there are strings on the handkerchief which is not common—I put them on myself to tie them to my side—this is my gauze handkerchief—this is my shift, and has my mark, "L. J.," on it—this is my pocket, which I had on with the money in it—the money is gone—this is the apron—I have had it a good while.
JOSEPHINE BASSINGTON . I am the wife of James Bassington, and live at No. 55, Golden-lane. On the afternoon of the last day of June, Mrs. Hooker sold me three caps, and three handkerchiefs, for 3s.—I afterwards gave them to Findlay—on the Friday afterwards she brought me several things to sell, and J would not buy them—I looked at them, and the shifts were marked "L. J."
Austin. Q. How long is it since you were discharged from prison? A. My husband and I had words, and in consequence of that I was in Clerkenwell—it was for nothing bad, only words with my husband.
MARY ANN HATTON . I am single, and lived servant with Mrs. Hooker, No. 1, Ball-yard, Golden-lane. On Saturday, the 30th of June, between one and two o'clock in the afternoon, the prisoner Austin brought some things to my mistress's stall, and asked her to buy them—she said she did not want them—he brought them to me, and I bought two petticoats, four aprons, and four pairs of stockings of him for 95.—he asked me if I would go on an errand for him to pawn two gowns, and if I got 6s. he would give me Is. for myself—I pawned them at Mr. Telfer's, in Whitecross-street—he waited for me till I came back, and delivered him the money, 6s.—he gave me Is.—the prisoner Jones was with him at the time, when I gave him the 6s. he gave it to Jones, and asked me would I mind the duplicate till he came for it, which I did—I afterwards read something in the newspaper about the robbery, and went to the office, and gave up the things.
Austin. Q. What time did I meet you on Saturday morning out with your flowers? A. I was not out with them-you and the prosecutrix did not buy any of me—I did not see you till you came up to me—I was never charged with felony with Mrs. Hooker—I did not state before the Magistrate that I was present at the time Mrs. Hooker bought the property, and gave you 15s.
produce two gowns, which were pawned by the witness Hatton, on the 30th of June, for 6s.
WILLIAM PENNY . I am Inspector of the G division of police. I saw the prosecutrix on the 30th of June, and sent her back into the country—I afterwards brought her back, and she has been living in my service since—I produce a duplicate which I received from Hatton—it is for two gowns pawned for 6s.
GEORGE BATLEY . I live with my father, who keeps a coal-shed at No. 32, Turnmill-street, Clerkenwell. On Saturday morning, the 30th of Jane, about six o'clock, the prisoner Chapman came and ordered some coals—I took them, a little after nine o'clock, to next door, No. 33, to a room—I saw Neville in the room—I had seen her in the street before—I also saw Jones and Chapman there—I saw a box in the room, and also a small bonnet-box—the box was wrapped in something brown, with a small cord round it—I left the coals and came away—I did not see the prosecutrix.
Chapman. Q. Did not Austin fetch the coals? A. No-you were on the bed when I came into the room.
ANN CHAPMAN . I am the wife of John Chapman, who lives at No. 48, Long-lane, and works for his father there. I have known Austin for years—I have washed for him, and spoken to him from time to time—on the Sunday my sister (the prisoner Chapman) wrote to my husband, and I heard of this—on the Wednesday following I met Austin in Cow-lane, about nine o'clock in the morning—he stopped me, and asked where I was going—I told him I was going to work—he said, "A pretty concern about your sister"—I said, "What is it?" pretending to be ignorant of it all—I said, "I heard she was taken up for being tipsy"—he said "It is more than that, I am afraid to be here—I expect to be taken every minute; the officers are after me"—I said, "Have you any thing to do with it?"—he said, "Yes"—we went into the Golden Ball—he told me that on Saturday morning a country girl came from the country, and was brought into my sister's place—he got talking to her, put his arm round her waist, and took from her pocket two sixpences, and eight-pence—he thought the girl felt him do it, and he rolled it up, and put it into her box—he then got into conversation with her, and asked her to take a walk, and he and the black girl went out with her—that in conversation with her, he said, what a foolish girl she was to come to London without money or friends, and she replied, she had brought two sovereigns and a half, and a five shilling piece, besides other small silver with her—he said he left her then, came into the room, broke the box open, and made away with her clothes, and took the money away—I then said I must go to work—I went out, called Scott, a city-policeman, and gave him into custody—he said the best way to make away with the box was by burning it, and he said it was burnt; and Jones told me it was burnt on the Monday.
Austin. Q. How long ago is it since you were convicted at Horsemonger-lane? A. Ten years ago—I was never convicted here in my life—I was not convicted in 1835, by the name of Marshall, for robbing a gentleman.
Austin to LUCY JACKSON. Q. Did you lose two sixpences, and eight-pence? A. No; but I felt you touch me.
JOHN SCOTT (City police-constable No. 18.) On the 4th of July, the witness Chapman, and Austin were talking together—she "gave me information about him—I followed him, and took him into custody.
Chapman's Defence. I had nothing to do with the property.
Jones's Defence, Chapman and I are both innocent—we fell asleep when we left the room-Neville and I breakfasted together, and Neville lit the fire-Chapman never saw any thing about the place.
JOHN CRIDDLE (police-constable H 142.) I produce a certificate of Neville's conviction from Mr. Clark's office—I was present when Neville was convicted—she is the person named in that certificate—(read.)
AUSTIN— GUILTY . Aged 42.— Transported for Seven Years.
NEVILLE— GUILTY . Aged 37.— Transported for Ten Years.
JONES— GUILTY . Aged 24.— Transported for Seven Years.
Of larceny only.
CHAPMAN— NOT GUILTY .
1832. THOMAS DAVIS was indicted for stealing, on the 18th of July, at St. George, Hanover-square, 2 candlesticks, value 6l.; and 1 napkin, value 1s.; the goods of Sir Stephen Richard Glynne, Bart.; and 1 table-cloth, value 30s., the goods of Mary Glynne, in her dwelling-house: and ELIZA DAVIS , for feloniously receiving the said goods, well knowing them to have been stolen; against the Statute, &c.
MR. CLARKSON conducted the Prosecution.
PETER DUMMART . I am valet to Sir Stephen Richard Glynne, of Berkeley-square. I know the male prisoner—he was out of place in July last, and was in the habit of coming to the house to assist me—on Wednesday, the 16th of July, he came to assist me—he was there daily—I kept the plate in the plate box in the hall—I had a silver candlestick in the plate chest—the table-cloth belongs to Lady Mary Glynne—it was not in my possession—I received information on Friday, the 18th of July, that some property had been found—the policeman produced two keys to me—he applied them to the boxes, the candlesticks had been in among other things, and they unlocked them with perfect ease—it was usual with me to keep those boxes locked—I kept the keys in my own possession—I never parted with them to the prisoner—I had the proper key in my pocket when the officer came-nobody had any right to the key of that box except myself—the two silver candlesticks are worth 6l., and are the property of Sir Richard Glynne—they are solid silver-T. Davis had been there on the Wednesday as the policeman came on the Friday—I had not missed any thing—I had seen the candlesticks about the 10th—I knew nothing of the female prisoner till she was apprehended—I never heard the male prisoner say he was married—I have heard so from a servant in the house.
HENRY REYNARD (police-constable B 129.) On Thursday morning, the 19th of July, I was on duty about half-past three o'clock, in Arabella-row, Pimlico, and saw the female prisoner going along with a basket in her hand—I asked her what she had got in the basket—she said I might look—I looked, and found these two silver candlesticks, and a napkin, and two keys—she said one was the key of her apartment—the napkin was placed over the candlesticks—I asked her where she got them—she said, they were her own property—I took her to the station-house—she then said, she bought them at a sale at Brighton, and had had them twelve years—she afterwards said, she had had them two years-while I was waiting with her at the office, the male prisoner came and spoke to her, and I took him
into custody—I searched him, and found on him two skeleton keys—I went to the prosecutor's house on the 21st with the keys, and tried them to the jocks of the plate boxes, and they opened them quite easily—on the Thursday I went to No. 2, Ranelagh-place, Pimlico, where the female gave her address—one of the keys in the basket unlocked the door of the room, and in a box in that room we found some duplicates, and among them one for a table-cloth-when I was taking the male prisoner before the Magistrate, he said, the candlesticks were his property, and they were given to him by a gentleman named Williams, who lived in North Wales, and he had been in his service.
SAMUEL SMITH . I am in the service of Mr. Debenham, of Queen's-row, Pimlico. I produce a table-cloth, which was pawned on the 27th of June, for 15s., by, I believe, the female prisoner, in the name of Elizabeth Smith, but she had a veil on.
PETER DUMMART re-examined. The table-cloth belongs to Lady Mary Glynne, Sir Richard's mother—I can trace the mark which has been picked out-when I saw it at the pawnbroker's I could just discern the mark, "M. G. No. 4,"but I could not swear to the table-cloth—it appears the same pattern and description as the one I lost—I have not a doubt of the candlesticks—I can almost swear to them—they are two odd ones, and I have the two fellows with me—there is a different crest on each of them, one is a dove, and the other a griffin's head—I have known the male prisoner ten years, and never knew any thing against him—I would not have allowed him to be in the house unless I thought him honest-his father and mother lived on the estate.
GRACE HARRIS . I am the wife of a bricklayer, and live at No. 2, Rane-lagh-place. The prisoners have occupied apartments at our house for six months—they lived as man and wife, and I always believed they were married—they always bore good characters while with me, and behaved very quiet and honest.
Thomas Davis's Defence. My wife did not know any thing of the things being stolen, when I gave them to her—I was married at Brighton—I have written for the certificate, but the answer has not come back.
THOMAS DAVIS— GUILTY . Aged 23.—Recommended to mercy.
Confined Six Months.
ELIZA DAVIS— NOT GUILTY .
NEW COURT.—Thursday, August 23rd, 1838.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 53.— Confined Three Months.
1834. JOHN SMITH was indicted for stealing, on the 28th of July, 36lbs. weight of lead, value 35., the goods of the East and West India Dock Company and then fixed to a certain dwelling-house; against the Statute, &c. to which he pleaded
GUILTY . Aged 48.— Confined Six Months.
GUILTY . Aged 38.— Transported for Seven Years.
1836. PETER SCHMIDT was indicted for stealing, on the 27th of July, 5 shirts, value 15s.; 3 pairs of stockings, value 3s.; 12 towels, value 5s.; 6 cravats, value 6s.; and 2 handkerchiefs, value 4s.; the goods of Joseph Rust: and 1 coat, value 2l.; 1 pair of trowsers, value 1l.; 1 waistcoat, value 8s.; 9 handkerchiefs, value 12s.; 2 stocks, value 2s.; 1 pair of gloves, value 18d.; I telescope, value 10s.; 1 razor, value 1s. 6d.; and 1 razor-strop, value 6d.; the goods of Joseph Rust, the younger: and I watch, value 26s.; and 1 brooch, value 3s. 6d.; the goods of Sophia Edwards; to which he pleaded
GUILTY . Aged 44.— Confined Six Months.
GUILTY . Aged 20.— Confined Three Months.
1838. GEORGE TOOLEY was indicted for stealing, on the 20th of July, 9 sovereigns, 2 half—sovereigns, 1 half-crown, 1 shilling, 1 sixpence; and 1 £10 note; the monies and property of Henton Brown Foster, his master; to which he pleaded
GUILTY . Aged 17.— Confined Six Months.
1839. WILLIAM SMITH was indicted for stealing, on the 1st of August, 1 pair of trowsers, value 13s.; and 1 handkerchief, value 2s.; the goods of Charles Stubbs, from the person of Frederick Willard; to which he pleaded
GUILTY . Aged 28.— Transported for Ten Years.
1840. CAROLINE HAY was indicted for stealing, on the 11th of July, 1 shawl, value 7l., the goods of Robert Baron de Capellen, of the kingdom of the Netherlands, in—the dwelling-house of the Duke of Northumberland.-2nd COUNT, stating it to be the property of a certain person whose name is unknown.
ABRAHAM EVANS . I am a carpenter, and live in the parish of Isleworth. On the 11th of July I was at Zion House, the Duke of Northumberland's—there was a fete there—the company commenced arriving between three and four o'clock-about seven o'clock in the afternoon I was in tbeentrance hall the public were not allowed to come there-lam house-carpenter—I saw the prisoner in tbeentrance hall, also my wife and mother-in-law-no one else—I observed this shawl in the prisoner's parasol, but so much secreted that I could scarcely see one corner of it—her parasol was closely shot up, and close under the arm—I said I would call the police—she begged of me not to call the police, and seemed very much irritated indeed—I called the police in, and she readily gave me the shawl out of the parasol, and started across the hall towards the vestibule door, she ran up five or six steps, crossed
the vestibule, down the back stairs towards the basement, the police-man caught her half way down the steps.
Cross-examined by MR. PHILLIPS. Q. How many persons attended the fete? A. About seven or eight hundred—I told the Magistrate that the prisoner said she hoped I would not call the police-what I said was taken down in writing, read over, and signed by me—this is my signature—(looking at it)—the prisoner appeared very far advanced in pregnancy—she appeared very much frightened-persons were not coming in and out every minute then-about four or five hundred persons had arrived—the hall was not open and accessible to all the company—the company were taken in another way—they might have access to the hall-a gentleman of the name of Cappellen is mentioned in the indictment, but not by my direction—the policeman got the information—I afterwards went outside the door—I did not see two distinct females—I did not see two ladies that interested themselves very much for the prisoner—I saw about twenty or thirty females outside—there might have been two ladies outside in the greatest agitation and distress, and I not see it.
SYLVIA EVANS . I am the wife of the last witness. I was at this fete-about seven or eight o'clock in the evening I saw Mrs. Hay pick up the shawl—it was at tbeentrance hall, between the door and the vestibule steps—the steps are in tbeentrance hall, and led up into the vestibule—I saw her place it in her parasol in a very hurried manner, and then go towards the hall door, to go out—she was in the act of going out—my husband was at tbeentrance hall door—he turned round to come back to me, and she said, "Can I go out this way, Sir?"—he said, "I dare say you can, Ma'am"—I told him the woman had got a shawl in her parasol.
Cross-examined by MR. CLARKSON. Q. Is—the vestibule the inner part of the house from the hall? A. Yes—it is up six or seven steps—there is a door at the vestibule—I was standing on the vestibule steps—I was permitted to go there to see the table laid, on the outside of the hall door—the hall leads into the grounds—there is a porter's lodge at the bottom of the grounds, so that a person must go by the lodge if going out—this shawl was on the stones—there was no other shawl on the ground.
CHARLES BROWN (police-constable A 85.) I was sent for. I saw Mr. Evans with this shawl in his hand—I saw the prisoner running away, and be said, "Take that woman in charge, she has stolen the shawl"—I ran after her across the vestibule, and down a flight of stairs—I asked what she was running away for—she said "I meant to give it to some policeman"—I said there was no policeman in the hall—she said, "I should give it to some servant."
Cross-examined by MR. PHILLIPS. Q. Did you make inquiries respecting it? A. Yes, and found it belonged to Baron Capellen—he came as Ambassador Extraordinary from the King of the Netherlands for the Coronation—he is gone home.
COURT. Q. Did any person whose name you know claim that shawl as his own? A. Yes.
NOT GUILTY .
1841. HENRY WATTS and JOHN LEE were indicted for stealing, on the 25th of June, 1 pair of stays, value 5s.; 1 shawl, value 1l.; I handkerchief, value 5s.; 1 table-cloth, value 8s.; and 1 apron, value 2s.; the goods of Harriet Punshon.
MR. BODKIN conducted the Prosecution.
HARRIET PUNSHON . I am a teacher of music. In June last I was living in Church-row, Islington—I moved from there on Monday, the 25th of June-Watts was recommended to move my things-Lee assisted Mar—they did not move all on that Monday—some were left till Tuesday—there was a chest of drawers—they were locked—I had about fifteen sovereigns in a tin box in one of the drawers—I had in the same drawer a pair of stays, a shawl, and table-cloth—the drawers were moved by hand—the prisoners took them without me—I did not miss any thing till the Friday, when I missed seven or eight sovereigns—I found the drawers locked—I then missed from them a pair of stays, a shawl, handkerchief, table-cloth, and apron—these are all mine—(examining them.)
Cross-examined by MR. PHILLIPS. Q. Are you single? A. Yes—I employed Watts, and he employed Lee.
LOUIS HARRIS . I am in the service of Mr. Walters, a pawnbroker, in Goswell-road. I produce a shawl, a table-cloth, a handkerchief, and pair of stays, which were pawned at my master's, on the 25th of June, by Lee, part in the afternoon, and part in the evening, in the name of J. Fountain, for his mother.
CHARLES TIJOU . I am in the service of Mr. Drew, a pawnbroker, at Islington. I produce a silk apron, pawned on the 25th of June, by the two prisoners in company—I do not know which—they were both in one box together—I threw the ticket and money down on the counter—they both came in for the same purpose, and went out together.
Cross-examined by MR. DOANE. Q. Were you examined before the Magistrate? A. Yes—my evidence was taken down and read over to me—I believe I was asked if it was correct—I do not know which pot it down on the counter-Watts bought a hat-Lee said the apron was given to him by his sister, and Lee pawned it.
(The prisoner Watts received a good character.)
WATTS— GUILTY . Aged 20.— Confined Three Months.
LEE— GUILTY .* Aged 20.— Transported for Seven Years.
SARAH FARNSWORTH . I am in the service of Mrs. Elizabeth Cook, at the Home-office, Whitehall—the prisoner was the housemaid. On Friday the 20th of July, I put a £5 Bank note into my purse in the top drawer in Mrs. Cook's bed-room—I went to Brentford on the Saturday following—I returned in the evening—I looked into the drawer, and found three £5 notes were left in the purse, and one had been taken out—Mrs. Cook spoke to the prisoner, and she said she had never seen such a thing since she had been in the house.
Cross-examined by MR. PHILLIPS. Q. After she denied any thing about it, did not you take her into a room? A. No; I was not alone with her at all till Tuesday evening—I did not say, "Tell me what you have done with my note, and nothing shall be done to you"-when she was going to be taken away, she said, if I would spare her, she would tell me where the rest of the money was, that she had not spent—I said it was not in my
power to do any thing further, it was in the hands of Sir Frederick Roe—I said, if she would tell me where the money was, if I could do any thing for her I would—this was just before Ballard was going to take her away.
COURT. Q. Did you go to a passage, and find 3l. 11s.? A. The officer did in my presence.
GEORGE WILSON . I am in the service of John Dixon, the landlord of the Rose and Crown. On the 21st of July the prisoner came to our house with a jog—she asked for change for a £5 note—I took the note, and got five sovereigns at Mrs. Carpenter's, in King-street—I put them on the bar, and she took them up.
WILLIAM BALLARD . I am an officer. I went to the Home-office, and asked the prisoner if she knew any thing about the note—that was before twelve o'clock—she said she did not—I made a variety of inquiries, and told her she must consider herself in custody, I should take her away, but before I did so she must be searched, which was done in another room, by a female—after six o'clock in the evening, I went with the prosecutrix into the beer cellar, and found three sovereigns and eleven shillings.
NOT GUILTY .
GUILTY . Aged 27.- Judgment Respited.
1844. FRANCIS DAVIS was again indicted for stealing, on the 1st of January, 5 pieces of fur, value 8s.; and 2 martin tails, value 4s.; the goods of Charles Cook his master; upon which no evidence was offered.
NOT GUILTY .
MR. PAYNE conducted the Prosecution.
ANNE ROBINSON . I am a widow, and live in St. John-street-road. On Monday, the 23rd of July, I went to the room of Elizabeth West, in Caroline-court—I had twenty-nine sovereigns and two half—sovereigns in my pocket—the prisoner came in-Elizabeth West was in the room—I sent for something to drink—I found myself unwell, and went to sleep—I awoke, and found the prisoner's hand in my pocket—she was lying on the bed by the side of me-her face was down at my pocket, and one of her hinds was in my pocket-when I got off the bed, eighteen and a half sovereigns fell on the ground—I got them—I found a hole gnawed in my pocket with the teeth—she had something in her hand—I struggled with her, and she knocked me down—I missed eleven sovereigns and a half—she was detained by the neighbours, and the officer was got—she had a child on the bed with her, about five months old—I saw seven sovereigns fell from the child's clothes, and three afterwards—my husband died five months ago, and I was going to put this money in the Bank.
Prisoner. My husband and I had some words—he turned me out, and I had these ten sovereigns tied up in a handkerchief-as they
used me in this manner, I put the money down the child's bosom before the policeman came—I received the money unknown to my husband.
ELIZABETH WEST . I am single, and live in Caroline-place, Clerkenwell. The prosecutrix came to me—I know she had about her twenty-nine sovereigns and two half sovereigns—she reckoned it to me—I was there when there was a cry that eleven sovereigns and a half were gone—I tried to get it, but the prisoner got this away.
Prisoner. Q. Had I not slept there on the Sunday night? A. Yes.
(The prisoner received a good character.)
GUILTY . Aged 24.— Confined Six Months.
JOHN LEECH . I am shopman to James Edward Watts, a pawnbroker in the Commercial-road. At five o'clock, on the 19th of July, I missed a jacket and a waistcoat off the door, just inside the shop—I had seen them at half-past four o'clock—these are them—(looking at them)—I went to Mr. Ogle's, a pawnbroker, and gave information-as I was going away I met the prisoner going in—I went in, and the prisoner had just laid them down—he said a man in a brown coat met him by the posts, and gave them to him to pawn.
Prisoner. Q. Did I not say, if you would go you would see the man, he was not twenty yards off? A. No, I did not hear you say that.
Prisoner's Defence. A man met me at the corner of Brown's-lane, and asked me to pawn them.
GUILTY . Aged 33.— Confined Three Months.
Cross-examined by MR. PAYNE. Q. What became of it? A. He dropped it—I did not lose sight of him.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined Three Months.
20th of July, I lost a bag, containing these seven shirts—(looking at them.)
Prisoner's Defence. On the Thursday before I was taken, there was a dinner at Highbury-barn—I went there to buy 6d. worth of meat, and in coming home I picked up this bag with the shirts in it—I pledged three shirts, to get my little boy a jacket, to go to a place, on the Saturday evening.
(The prisoner received a good character.)
GUILTY . Aged 47.—Recommended to mercy.— Confined One Month.
EDWARD CARUTHERS . I am foreman to John Robinson, a tailor in Nassu-place, Commercial-road. On the 20th of July I was at the door, and missed a coat—it had been inside the door—I received information, and ran down Cannon-street—I saw the prisoner there, running with the coat, and wrapping it up—I called "Stop thief," and he was taken—I picked up the coat, which I saw him throw down.
Cross-examined by MR. DOANE. Q. Were you in the shop? A. Yes, the greater part of that afternoon—it could not be taken off without coming into the shop—it was close to the door—I never lost bight of the prisoner—I was not in advance of him when he was taken—some boys said something to me, and then I went round Cannon-street, and saw the prisoner-a Thames police-officer took him—I lost sight of him for a moment, as he turned some corners, but I caught sight of him again-when he was taken I was running—the man that caught him and the prisoner fell down together—I could not stop myself at the moment—this is my master's coat—(looking at one.)
JURY. Q. Had he thrown down the coat before he turned the corner? A. No.
GUILTY . Aged 19.— Transported for Seven Years.
WILLIAM MADDOCK . I am a captain in the army, on half-pay. On the 9th of July, I was walking in Church-street, Soho, at half-past eleven o'clock at night—the prisoner came and took my watch-immediately he snatched it, I called out, "Stop thief"-a policeman pursued and took him—I lost sight of him immediately—he was taken in a few minutes—the watch is mine—I can swear to it—the policeman called to me and said, "I have him," and I went up to him—I will swear he is the person.
Prisoner. I did not do it—I was waiting for my brother.
saw him throw a watch down an area—I took him and got the watch—I showed him and the watch to the prosecutor.
Prisoner. I did not do it. Prosecutor. I am quite sure he did.
GUILTY .* Aged 16.— Transported for Ten Years.
REBECCA KENYON . I am a widow, and live in South Moulton-street. I have known the prisoner eight or nine months—I was to have been married to him—I was going out to buy furniture on the 5th of June—he came to my lodgings by appointment to do so—he asked me to get my money out of the Bank for that purpose—I had 50l. in sovereigns and notes together—he wished to get the notes changed into sovereigns, which we went to the Bank to do—he then wished me to let him have the money to count, to see if it was right—we were then going down Paternoster-row—I gave him one purse containing thirty sovereigns, and he had a purse containing twenty sovereigns before—he said that was too public a place to count it, and we went on to Great Russell-street—he made an excuse at a corner and left me—I saw him no more till I had him taken.
Prisoner. She gave me the money, but not in the way that she has stated—I have spent the greatest part of it—I was out of employment—I wanted some money for rent and clothes-when I met her she abused me about the money, I said I would re-pay it in the best manner I could.
Witness. He did not—there is another person he has robbed of 170l.
Prisoner. I certainly was acquainted with her, but I never went to the Bank with her, nor wished her to change any notes—she wished to get married—I said it was not convenient to me for three months more—she said that need not be an object—she gave me 30l. in her own room—she lent it to me.
Witness. No, I did not—I have been a servant, and have gone back to my situation that I left to marry him.
GUILTY .* Aged 38.— Transported for Seven Years.
JEREMIAH M'CARTHY . I live in Sir William Warren's-square, Wapping. I was coming out of New Gravel-lane on the 15th of July, between six and seven o'clock, and met the prisoner—I had two half-crowns, two shillings, and two sixpences—he said, where was I going?—I said, "To a coffee-shop"—he said he had some bread—I said, if he came with me I would give him a half-pint of coffee—I drank mine, and laid my head down and fell asleep-in about ten minutes afterwards I caught his hand coming out of my pocket—my money was gone, and a hole cot in my pocket—I charged him with robbing me when I saw the policeman, in about a quarter of an hour-no other man could have taken my money but him—there was no other man on that side the box—there was a man asleep on the other side—I knew the prisoner a long time before—I had no quarrel with him.
Prisoner. I said I was going to have half-a-pint of coffee. Witness. No, you said that you had no money, and I gave you half-a-pint—I heard the money jingle, but whether it fell on the floor or not I do not know—there was no hole in my pocket when I laid down—the prisoner ran out directly, and I ran after him.
Prisoner's Defence. He laid his head on the table—the master came in and told him to mind his head did not go through the window, that was no place to go to sleep—he said he had been up all night, and he wanted five minutes' sleep—he laid down and went to sleep again, and I walked out, and did not see him till a quarter of an hour afterwards, when I was going up the Highway, and the officer took me.
GUILTY . Aged 19.— Confined Six Months.
DANIEL DAWSON . I am a publican, but am out of business. I was at the Brewer's Arms, Pancras-road, between seven and eight o'clock on the 30th of July, sitting in the front room on the top floor—I had a shift and shirt on a line—I had seen the shift half an hour before—I heard a noise on the landing—I got up, and the door being a-jar, I caught the glimpse of some person going down stairs—I looked out and missed the shift and shirt—I saw the prisoner going along the street—I went down and brought her back—I got the officer, and saw the shift taken from her basket.
Cross-examined by MR. PRICE. Q. How far had you to come down? A. Two flights of stairs—it might take five minutes—I lived at the top of the house—I do not know a Mrs. Hartley living in that house—there are women living there—the prisoner had gone from two to three hundred yards—I might keep her about half an hour, before an officer could be found—I did not request her in the meantime to give up the property, and go about her business-when I took, her, I told her she must walk back with me to the Brewer's Arms, she was wanted there—I left her inside, and went out to look for a policeman—she was in a deplorable state of drunkenness, so as to be totally insensible of what she was about.
MR. PRICE called
ELEANOR HARTLEY . I am a married woman, "and live in Brill-row, Somers-town. On the 30th of July, Mrs. Purse came to me in the afternoon to tea, and while she was having her tea, a tall woman knocked at the door—she asked if Mrs. Purse would iron her a shirt, and they went away.
COURT. Q. Was Mrs. Purse sober then? A. Yes, when she left me, and went with the tall woman—the tall woman was entirely in liquor, but all Mrs. Purse had was three pennyworth of brandy—they went into the public-house together—I hear they were in a beastly state before they left—she had no basket then.
WILLIAM SMITH . I went to the prosecutor on last Sunday week, in the evening—he told me, in the presence of other people, that he had the woman nearly half an hour in custody before the policeman came in, and
if she liked to give the things up, he would have let her go about her business.
GUILTY . Aged 34.— Transported for Fourteen Years.
JOSEPH TIBBY . I live in Hart-street, Covent-garden, and am a fallowchandler. At half-past twelve o'clock at noon, on the 15th of July, I placed a towel and a waistcoat across the bannister of my landing-place, to dry—I did not miss them, as I was not at home—these are them (looking at them.)
ESTHER PAINE . I am the wife of William Paine, and live on the second floor of the same house. About two o'clock that afternoon I was coming out of my room, and saw the prisoner going out with these things—I asked what he wanted—he said a person of the name of Lush—I said no such person lived there—I then asked what he wanted of him—he said he bad got a waistcoat for him—I asked him to let me look at it—I found it was my brother's waistcoat, and the towel—I stopped him and the things—the prosecutor is my brother.
GUILTY .* Aged 13.— Transported for Seven Years.
MR. PAYNE conducted the Prosecution.
ALEXANDER LUKE . I am a Thames police-constable, stationed at the East and West India Docks. On the 2nd of August I saw the prisoner coming out of the Import-Dock—I saw his neck handkerchief was large—I took him into the office—he took it off, and in it was a quantity of tea—I took his hat off, and found it very heavy—I took out the lining, and found a quantity of tea between the two crowns—I then desired him to take off his boots, and found a quantity of tea there—there was 2 1/2 lbs. in all—I asked where he. got it—he said from a ship, the Duke of Sussex—I went on board the ship the next morning with Mr. Cater, and he pointed out a chest of tea, with a hole in one corner, large enough to admit a hand—I should think 3 or 4 lbs. had been taken from it—there was a sample taken from it, and I have the tea that was taken from the prisoner—the prisoner was employed by the Dock Company—the largest quantity of tea was found in his hat.
EDWARD CATER . I am foreman ship-worker in the East and West India Docks. The prisoner was at work under me, on board the Duke of Sussex—he was to break out the chests, and sling them, or any thing else—I found a chest had been broken in the stowage—I took a sample out of it, and have compared it with what was taken from the prisoner-to the best of my judgment it corresponds with this tea—it was in the custody of the Dock Company.
Prisoner. The hat was not my own, but I put it on my head, and did not know what was in it.
GUILTY . Aged 22.— Transported for Seven Years.
MARIA WILLIAMS . I am the wife of Jonathan Williams, and live in Red Lion-street, Holborn. On Saturday night, at a quarter past ten o'clock, on the 21st of July, I was in Church-street, Bethnal-green—I felt a twitch at my pocket—I turned and saw the prisoner's hand in my pocket-hole—I had there a half-crown, three shillings, and some halfpence—I accused her of picking my pocket—she turned to a companion she had with her, and said she had not—I examined my pocket, and all my money was gone—I had seen it there not two minutes before—I accused her again—she struck me, and ran away with a companion-an officer came, and took her.
SAMUEL BASS . I live in Well-street, Mile-end, New-town. I was in Church-street about a quarter before ten o'clock—I saw Mrs. Williams, and saw the prisoner put her hand into the pocket-hole of her gown—the prosecutrix said, "You have picked my pocket"—she said she had not, and struck her—she ran a little way, and struck her again twice—we pusued, and took her—I saw several half-crowns, and some silver found on her when she was searched.
Prisoner, There was a row, and I went to see what it was, and then this woman said I had robbed her—she struck me, and I struck her again.
GUILTY . Aged 18.— Transported for Ten Years.
SARAH ELIZABETH HOLLYWELL . I am the wife of Henry Joseph Hollywell. On Friday, the 27th of July, the prisoner was at my house washing—I had several boxes there—one contained these locks and keys, and snuffers, and a medal—these are the things I lost—(looking at them.)
HENRY JOSEPH HOLLYWELL . I live in Hill-court, Hill-street, Finsbury. On the 28th of July I was at Greenwich, and when I came home I heard these things were gone—these are my things—(looking at them)—I can swear to them.
GEORGE TEAKLE (police-sergeant H 8.) On Saturday, the 28th of July, I was passing by Old-street-road, and saw two boys taking off their caps, and showing one another some locks—I took them, and one gave the address of the prisoner—I went there and asked her if she had sent any boy out with any locks, and she said, "I have had them some time"—I said, "Where did you get them?"—after some time she said, "I got them from Mr. Hollywell for work I did; if you will let me go there, you will find it is right"—I left her, and went and inquired—I went to the prisoner's room again, and found the medal in a box.
Prisoner. It was not me that took them, it was my little boy—I was out at six o'clock in the morning, and did not come back till the evening, when the officer took the poor boy.
GUILTY . Aged 42.—Recommended to mercy.— Confined Three Months.
FRANCIS CROZIER . I live in Regent's-place, City-road. About three o'clock in the afternoon of the 21st of July, I was walking upon Mount Pleasant, and received information—I felt and missed my handkerchief—I saw the prisoner running away—I pursued and took away the handkerchief—this is it—(looking at it)—it has my mark.
Prisoner, I was only walking—it is my own handkerchief, I had it in my possession six weeks.
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined Three Months.
1859. JAMES ANDERSON was indicted for stealing, on the 23rd of July, 1 purse, value 2s.; and 2 half-crowns; the goods and monies of Judith Halpike, from her person; and that he had been before convicted of felony.
JUDITH HALPIKE . I live in Charles-street, Hackney-road, and am a widow—I am blind-between one and two o'clock on the 23rd of July, I was with another lady in Paul-street, Finsbury—I turned round, and found a person behind me, wiping his hands upon my dress as I thought—some boy came and asked if I had lost any thing—I said, "No"—I then searched my pocket, and my purse was gone—it contained 2s., and two half crowns—I had felt it safe about ten minutes before.
Cross-examined by MR. PAYNE. Q. Are you quite sure you had felt it about ten minutes before? A. Yes; it has not been found—I observed noting more than some person rubbing about me.
EDWARD HENRY SABINE . I live in Castle-place, Finsbury. On the 23rd of July I saw this lady, and I saw the prisoner in company with some others—the prisoner went to the side of the lady, and felt her pocket—I gave her information—the prisoner and the others went to the corner of Hill-street, and divided something.
Cross-examined. Q. What are you? A. Nothing at preset—I was looking at the procession of a Benefit Society-a great number of persons were there—I was about two yards, or rather more, from the prosecutrix—there were no persons between me and her—I lost sight of the person that went up to the lady, and put his hand into her pocket—I did not trace him up to the time he was taken—I have been at Mr. Freeman's, a linendraper, in Bishopsgate-street—I left there of my own accord.
RICHARD HENRY FATNALL . I am an apprentice. I went out at my dinner hour, and saw the procession—I saw the prisoner go up to the lady, and feel her dress and her pocket; they then went to the corner of Hill-street and divided.
Cross-examined. Q. Were you in company with Sabine? A. Yes—I am a clock and watch maker—I did not see any thing taken from the
old lady—there were two or three stood round the prisoner to hide him.
GUILTY . Aged 19.— Transported for Fifteen Years.
GEORGE ENGLAND . I am shopman to John Harris, a cheesemonger, in Tottenham-court-road. At a quarter-past twelve o'clock, on the 20th of July, a person gave me information—I went out and found the prisoner—the moment I took hold of her she threw down this piece of bacon, which is my master's.
GUILTY . Aged 50.— Confined One Month.
ROBERT SYRETT . I am a shoemaker, and live in Crawford-street, Marylebone. I hung a pair of women's boots at the door on the 28th of July—they were safe at six o'clock—I missed them at eight o'clock—these are them—(looking at them.)
Prisoners's Defence. They are my own—I bought them at Knights-bridge, at the Cannon public-house.
GUILTY . Aged 23.
FREDERICK WILLIAM HANKS . I am shopman to Joseph Norbury, a linen-draper, in Crawford-street. On Saturday, the 28th of July, I received information from Mr. Penn—I went after the prisoner, and saw him drop there ginghams at the corner of Montague-place—they are my master's—the officer took him.
CAMP PENN . I live in Crawford-street, and am a boot and shoe maker. I was looting over my shop-window, and saw three men standing at the door of Mr. Norbury'8 shop, and pulling the goods about inside the door-was, and presently the prisoner put this under his arm, and walked across we road—I gave information and pursued him—I saw him drop it.
Prisoner's Defence. I was going to meet a man at seven o'clock—I know nothing of this gingham—I am a stranger to London.
GUILTY .* Aged 23.— Transported for Seven Years.
MR. DOANE declined offering any evidence.
NOT GUILTY .
1864. RICHARD CARTER and RICHARD FISHER were indicted for stealing, on the 13th of July, 6 tumblers, value 12s.; 14 goblets, value 2l. 2s.; 8 wine-glasses, value 12s.; and 8 printed books, value 14s.; the goods of Henry Hays.
HENRY HAYS . I am a jeweller, and live in Regent-street. I have a house at Picklewood, near Wilsden—I had employed the two prisoners as haymakers—I did not miss this property till the officer brought it to me—it agrees in appearance and number with what I lost.
Cross-examined by MR. JONES. Q. Had you any other persons working for you? A. Yes—I suppose twenty—these glasses and tumblers were in the loft over the stable—there was a door to it, and a ladder to go to it—there was no lock—I cannot tell the day I lost it.
JOSEPH YOUNG (police-constable S 152.) On Friday morning, the 13th of July, I met the two prisoners on the road to London-Carter had a bundle at his back, and the other was with him, talking together—I asked what they had in their bundle-Carter said, "It is all right—it is all our own"—I said, "Let me see"—they were willing to let me look—I saw eight printed books first-Carter said his master gave them to him—the other said, "Yes"—I took them and the property—the prosecutor identified it.
Cross-examined. Q. Did they not tell you where they came from? A. Yes-from Wilsden—they said they had been haymaking for Mr. Hays, and their names they gave correctly-another was in company with them—I took Fisher by the shoulder, and Carter came to the station, but the third one went away—after I put the prisoners into the station I went to look for the other, but he had run away—the man was not present when Carter said it was his own-Carter did not say he was carrying the bundle to help the man.
CARTER— GUILTY . Aged 21.— Confined One Month.
FISHER*— GUILTY . Aged 21.— Transported for Seven Years.
JOHN MARTIN . I keep the Noah's Ark public-house, Harrow-street, Limehouse. I missed my till on the 1st of August—I saw it safe five minutes before—there were two shillings, two sixpences, and the other money in it—I ran up Noah's Ark Alley and saw the prisoner with it on his shoulder—I said, "I have caught you, have I? this is an old game"—he said, "No, this is the first time"—the policeman found on him 9s. 3 3/4 d. in all.
Prisoner. I was very much distressed—I had been out of the House of Correction a month—I was there for stealing a quilt.
GUILTY .* Aged 18.— Transported for Seven Years.
SAMUEL PUTTNAM . On the 27th of July I left my basket and loaves in Margaret-street, while I went to serve a customer in a mews-when I came back the basket and bread were gone—they belonged to Mary Boyd, mistress—I lost eleven loaves.
GUILTY . Aged 22.— Confined One Month.
GUILTY . Aged 25.— Confined One Month.
1868. JAMES COULMAN was indicted for stealing, on the 19th of June, 4 saws, value 12s.; 2 stocks and bits, value 1l. 4s.; 2 planes, value 18s.; I square, value 1s.; 1 bevel, value 1s. 6d.; 1 spoke shave, value 9d.; and 1 rule, value 9d.; the goods of James Aldous, his master; to which he pleaded
GUILTY . Aged 19.— Confined Six Months.
1869. JAMES MUNNS was indicted for stealing, on the 22nd of July, 1 watch, value 12s.; 1 seal, value 6d.; 3 watch keys, value 6d.; 1 coat, value 9s.; 1 waistcoat, value 5s.; 1 pair of trowsers, value 5s.; 3 hand-kerchiefs, value 3s. 6d.; 1 comb, value 1d.; 1 habit-shirt, value 1s. 5d.; and 3 shillings; the goods and monies of Charles James Porter; to which he pleaded
GUILTY . Aged 18.— Confined Six Months.
THOMAS RAINSBURY . I am an apprentice to Thomas Wadmore, a pawnbroker, in Tottenham-court-road. On the evening of the 11th of July I was on the steps about half-past seven o'clock—we had a brass lathe there—I received information, and went after the prisoner—I found him in our boxes—I told him he was wanted outside, he came and took the lathe from under his coat, and threw it down—it was about three minutes from the time I missed it till he threw it down.
Prisoner. I was never near the place—I was standing on the other side of the shop, waiting for a young man—I never had this at all-his master told him to say so. Witness. No; my master is in the country.
GUILTY . Aged 27.— Confined Three Months.
EDWARD GATHERCOLE . I live at Mrs. Brown's, in Prospect-place, Bromley. On the 28th of July I met the prisoner at the White Hart public-house—I never saw her before—she asked me to go home with her, and I did—I asked her where the landlady was—she said she was the land-lady, and asked me what I wanted with her—I said, to take care of my trowsers till the morning—we went up stairs—I asked her her demand—she said 6s.—I said I would give her no such money as that—I gave her two half-crowns, and went to bed, and went to sleep—I gave her the trowsers to take care of—the next morning I missed my trowsers, and
asked the prisoner for them—she said, "Go along, you fool, I know nothing of you, or your trowsers either."
Prisoner. You know you gave me them to pawn-you had no money at all. Witness. No; I gave her two half-crowns, on my oath—they were a new pair of trowsers that I was carrying-when I asked her she said, "Feel for them," and I felt in these trowsers pocket, which I had on, and found the duplicate of them.
THOMAS SQUIRE (police-constable K 232.) I took the prisoner—I told her it was for taking the prosecutor's trowsers to pawn—she said he gave her them to pawn, but gave her no money—the prosecutor said he gave her them to take care of—I did not find any money on her—the prosecutor was quite sober.
EDWARD GATHERCOLE re-examined. I had had a little drop of drink that night, but I knew what I was about—I gave her two half-crowns she sat on the bed—she said she was the landlady, and she would take care of the trowsers, and put them on the shelf-when I gave her the two half-crowns she said she was satisfied, and sat down, and began to undress herself, but she did not undress herself—she went away, and left me in bed.
GUILTY .* Aged 18.— Confined Six Months.
MICHAEL HAYES . I am a labourer, residing at Limehouse. The prisoner was accustomed to sleep with me-at half-past five o'clock, on the 22nd of July, he came into my room—I took up my trowsers and gave the landlord 1s.—the prisoner was in bed with me—I had besides a half—sovereign, a half-crown, and five shillings-when I got up I had nothing at all, and the prisoner was not in the house-nobody had been in the room but him and me—I was not sound asleep after the landlord went out—I did not see the prisoner take the money—I do not think anybody else could have taken it—I do not know whether the door was open.
Prisoner. The door was open for anybody to walk in—it is a lodging-house.
HENRY HOULTON (police-sergeant K 2.) From what Holland said to me, I went after the prisoner about twelve o'clock on Sunday night or Monday morning (the prosecutor lost his money on Sunday morning)-about twelve o'clock at night I received information, went to the prisoners lodgings, and found him in bed, and found a half-crown, a half—sovereign, 1s. 6d., and some copper in his pockets—it was a new half—sovereign I found, which I was told it was—he said that was all he had left out of his week's pay.
Prisoner. When you saw me in liquor why did you not search me properly?—that money belonged to me—I kept an old man that was not right in his head, and on Saturday night I received 15s.—the policeman went to where I work, and heard of it. Witness. He said he had received it—I went and inquired, and I believe he had.
NOT GUILTY .
Sixth Jury, before Mr. Sergeant Arabin.
1873. WILLIAM LEWIS and CHARLES HIBBERD were indieted for stealing, on the 15th of August, 1 sack, value 6d.; and 1 bushel of a certain mixture, consisting of oats, beans, and chaff value 8s.; the goods of Edward Ostin Walker.
MR. CHAMBERS conducted the Prosecution.
JOHN JENKINSON . I am a patrol. On the night of the 19th of August I was patrolling at Bedfont-at a quarter before eleven o'clock, my attention was attracted by the prisoner Hibbard passing from the Black Dog-yard with a sack on his back—I said, "Holloa, what is that?"—he did not answer the first time I called—the second time he said it was corn—I asked where he was going with it—he said, to Hibberd's—I accompanied him to his door—I asked where he got it from—he said from Walker's yard, he got it from a man, but did not know his name—I took him back to the yard, and there he threw the sack down, and denied knowing any thing about it—Mr. Walker came down, and Hibberd denied that he knew any thing about it—Mr. Walker said, "You had better tell who it was gave you the corn"—Mr. Walker's men were called, and then Hibberd pointed oat Lewis, and Lewis said that he had lent him the corn.
Cross-examined by MR. JONES. Q. Were they taken before the Magistrate the next morning? A. Yes, and discharged—they were taken up the day following on a warrant—the case was not gone into in the first instance thoroughly—I do not know whether the prosecutor was examined—I was examined, but my evidence was not taken in writing.
EDWARD OSTIN WALKER . I was called up that night, and found Hibberd in company of the officer with the sack of corn-Lewis was brought down, and Hibberd pointed out Lewis—I saw the corn—I am positive it was some of mine.
Cross-examined. Q. You attended before the Magistrate? A. Yes, and was examined, also the policeman, my ostler, and the patrol—the Magistrate told me to go home to mind my business—he did not say the same to the prisoners—they were discharged at Staines-Lewis came to me the same afternoon, and said he had got some of his property at my stable, and he came for it—I told him to take it, and never let me see him about my premises again—he said he had done nothing improper—I gave him into custody the next day, Friday—he came to my kitchen that morning before I was up, and while I was at breakfast I saw him go across by my stables, I went out—he was saying he had done nothing wrong—I then took him by the collar, and put him out of the yard—he had worked for me about four months.
Cross-examined by MR. CLARKSON. Q. Had you had a ton of coals of Hibberd? A. Yes, two—I owe him for one now.
JAMES SEDGWORTH . I was pot-boy at the Black Dog—on the night of the 15th of August I came home with a pair of horses—I said to Lewis, "I miss some of my corn"—I did miss some—he said my horses had eaten very heartily—I said they must have eaten very heartily to have eaten all that corn—that was at twenty minutes past ten o'clock.
Cross-examined by MR. JONES. Q. How many different horses were in that stable? A. I have got four—I went out with one pair, and left one pair at home—Mr. Walker was in the habit of giving out a certain quantity of corn every morning—I did not see Jenkinson and Hibberd that night.
THOMAS SEATON . I am ostler at the Black Dog. I was called down on the night of the 15th—I saw the sack that had the corn—it had the name of Smith and Co. on it—it had been in my possession ever since we came to the Black Dog—it was kept up in the loft where the chaff was—it was Lewis's place to cut the chaff there.
NOT GUILTY .
MARY ANN DAVIS . I am the wife of William Davis, a carpenter, living in West Harding-street, Fetter-lane. On Sunday morning, the 29th of July, I was in Holborn, between Castle-street and Fetter-lane, about twenty minutes past three o'clock—I went out after my husband-a person said he was in a public-house—I went to try to get him home—I sat down on a step to watch—I had this shawl on—I was very tired, and could hardly keep awake—I felt my shawl taken from me—I looked up, and saw the prisoner running across the road—I saw the policeman, and said, "That woman has stolen the shawl off my back," and we both ran after her down a street where there were several men and women standing—we asked if they had seen a woman running—they directed us down a wrong turning—I went down another turning, and saw the prisoner talking to a man—I ran over, and said, "This is the woman that took my shawl"—I turned—the policeman was coming, and I gave her in charge—she had my shawl on her shoulders at the time.
JOHN BULLOCK (police-constable G 116.) I was on duty, and saw the prisoner running along Brook-street-in two or three minutes the prosecutrix came and said that the prisoner had stolen her shawl—I asked her if she knew the shawl—she said she had no mark on it but a darn—I pursued the prisoner, but was directed wrong, and we lost her-half an hour afterwards I saw the prosecutrix in Leather-lane, and the prisoner was there, with the shawl upon her shoulders—I took her, and found the darn on the shawl.
Prisoner's Defence. I went to see a friend in the milk line—I went to Leather-lane, and stood there three quarters of an hour—this woman came to me, and said it was her shawl—I said it was not hers; it was one I bought in Whitechapel a year and a half ago; and then she said she had no mark upon it but a darn—the policeman came up, and she told him to take me off—I have been in London fifteen years, and never was in a watch-house in my life.
GUILTY . † Aged 37.— Transported for Ten Years.
THOMAS SONES . I live with Mr. John Upsall, a pawnbroker, in Ratcliffe-highway. On the 17th of July the prisoner came to the door, snatched a handkerchief, and ran away with it—it was inside the door—I pursued—she got about thirty yards—I came up to her, and she threw the handkerchief down.
Cross-examined by MR. PAYNE. Q. Was she sober? A. She had been drinking—this handkerchief was about two feet inside the door-no person could get it without going inside with one foot—she was not what I should
call intoxicated—she put me out of breath—she ran down another court after she put this down.
Cross-examined. Q. She ran pretty well? A. Yes.
ANN TAYLOR . I am a widow, and live in Palmer's-folly. I have known the prisoner ever since she was a baby—she is a widow—she has never been right in her head since she lost her husband suddenly—I know of her receiving an injury in her head—I have seen her naked, and she said somebody was going to stab her—I took her home, and her husband was dying-liquor has a great effect on her head—she does not know right from wrong when she gets a drop of liquor.
(The prisoner received a good character.)
GUILTY . Aged 23.—Recommended to mercy.— Confined Six Weeks.
ELIZABETH WEBB . I live in Fives-court, Mansell-street, Goodman'tfields. I am a widow—the prisoner lodged in my house—she came on Sunday evening, the 28th of July, between seven and eight o'clock, and asked me for a little bottle—I said I had no bottle to lend her, and she put her hand up to a gown that my daughter had hung up, took it down, and went out—I looked at her, but I trembled so that I could not speak to her.
Prisoner. I went down stairs, and asked Mrs. Webb for the loan of a bottle—she said she had some spirits in it, and she could not lend it—I went for a loaf and some beer—I came in, and she and another woman were drinking some gin—she did not say any thing to me about the gown for some time after—she has a spite against me because I called her what she is, an old fortune-teller.
GUILTY . Aged 49.— Confined One Month.
FRANCES GRIFFITHS . I am a widow, and live in William-street, Lisson-grove. On the 19th of July, between ten and eleven o'clock in the morning, I was in my own room, which is the back kitchen, and heard somebody—I looked, and saw the prisoner going to the front kitchen—I thought she was going to Mrs. Sanders in the front kitchen, but I did not
hear any one knock—I went out again, and saw her going up stairs, with the things off the line—she had them in her hand before her, rolling them up—I called to Mrs. Sanders, and to my landlady, who was in the yard washing—I took hold of the prisoner, and she dropped the things—this is the property—it is two shirts and a gown—it was given to the police-officer.
ANN SANDERS . I am the wife of Henry Sanders. I lodge in the front kitchen—I was at home—the property was taken from a line in the passage—I do not know the prisoner, she is quite a stranger to me—the street door was open.
Prisoner's Defence. I went to inquire for a person, and these things were on the stairs—this person came and asked me what I wanted—I said "Nothing"—these things were in the corner, and then she called the policeman.
GUILTY .* Aged 22.— Transported for Seven Years.
1878. HENRY TAYLOR was indicted for stealing, on the 26th of April, 1 pair of trowsers, value 1l. 4s.; 1 shawl, value 4l. 10s.; 1 printed book, value 7s.; 1 purse, value 1s.; 1 sovereign, 1 crown, 2 half-crowns, 6 shillings, and 1 threepence; the goods and monies of Richard Chilton.
ELLEN CHILTON . I am the wife of Richard Chilton. We lodge in Steven-street, Tottenham-court-road. I have known the prisoner three years—he represented himself to be in distress, and I procured him a lodging—on the 26th of April I left him in my room at five o'clock, with all the property stated—I returned at nine o'clock at night—he was then gone—I was not certain I should find him when I went home—this property had been in a box—the lock was picked, but I did not discover that till the next day—I missed the things stated—the prisoner did not return till he was brought to me by the police.
GEORGE GRACE . I am a policeman. About one o'clock on the morning of the 9th of July, the prisoner came to me and asked if I had heard of the robbery in Steven-street, about three weeks ago—I said "No"—he said it was very strange I had not—I asked him if he was a lodger in the house, he said he was—he said he knew the parties who did it—I said, if he would point out any one I would take them—he said, I out take him into custody then, as he was the man that did it, and no one else—I took him to No. 25, Steven-street—I found two keys, a knife, a corkscrew, and two duplicates, but none of the property—the duplicates were found on the shelf at the prosecutor's house.
Prisoner. The key of the room was left over the door, and the key of the box inside.
GUILTY . Aged 26.— Confined Six Months.
JANE COLLINS . I am in the service of Charles Marks, a hatter, in Tottenham-court-road. I let the prisoner the back-room first-floor furnished, it 6s. per week on the 19th of July—he came there with his wife and two children, and gave me a deposit of half-a-crown—he continued till Saturday night, the 21st—they went out, and while they were gone I went into the room—the door was open, and I missed two sheets, two pillow-cases, and one blanket-when the wife returned home I spoke to her as to the things—she said they were gone to he washed—I said they could not want washing, they were clean when I gave them—I told Mr. Marks, and he had them taken.
Cross-examined by MR. PAYNE. Q. You are quite sure those things were clean? A. Yes, when I gave them out of the drawer—I do not think the pillow-cases have been used—I saw them on the Saturday night when the policeman brought them back—they were dean then.
CHARLES MARKS . I was out of town when the lodgings were let—the sheets and pillow-cases were clean-when my attention was drawn to this, I spoke to the prisoner—he said they were gone to wash, but he did not know where the washerwoman lived—they were found at a coffee-shop.
Cross-examined. Q. What time did they come in? A. About half-past eleven o'clock on Saturday night—the blankets had been washed about a month.
EMMA DAVIS . I am the wife of William Davis, and live in Tottenham-court-road. A man came to take my lodgings, he and his wife and two children—I cannot swear to the prisoner—he came on the 21st of July to inquire if he could have a bed—my husband answered him—he is not here—the same night a man came and said he was the man that had been looking for the lodgings—I thought he was the man at the time—he asked me to allow him to leave two parcels—he left them—he said he had not got a bed—my husband would not let it to him—the bundles that were found by the officer were left by the man—he was only with me a short time.
Cross-examined. Q. How long has your husband kept this house? A. Two years—it may be half a mile from Mr. Marks's.
EDWARD CAMPION (police-constable L 45.) I was called to Mr. Marks's—he accused the prisoner of stealing some blankets and sheets—I went into the prisoner's room—he said, "What do you do here?"—I said, "You are charged with stealing a blanket, two sheets, and two pillow-cases"—he said, "They are gone to the washerwoman's"—he said he did not know her name, nor the street—I said, "How could you find the washerwoman?"—he said, "I might see a bill in the window"—I said, "You must go to the station"-in going, he said if I would let him go he would give me 5s., and he would bring the things—I said, "What need was there of that?" he then said they were not at the washerwoman's.
Cross-examined. Q. He went with you to the coffee-house, did he not? A. Yes.
MR. PAYNE called
RICHARD NESBIT . I live in Duke-street, Bloomsbury. I have known to prisoner from a boy—I had seen him the day before he was taken—he complained very much of the dirtiness of the lodgings, and said he had not slept in a bed since he took the lodgings, except a few hours—on the
evening of Saturday he came to me with his wife and children—he had two bundles and a basket—he made the same complaint then of the dirtiness of his lodgings, and he asked me for a washerwoman—I could not tell him of one—I walked along with him, and carried one of the bundles—they were left at the coffee-shop—I never knew any thing bad of him.
(The prisoner received a good character.)
GUILTY . Aged 28.—Recommended to mercy.— Confined One Month.
OLD COURT.—Friday, August 24th, 1838.
Third Jury, before Mr. Sergeant Arabin.
1880. JAMES HARRIS was indicted for a robbery on Ann Gray, on the 15th of July, putting her in fear, and taking from her person, and against her will, 1 shilling, her money; and immediately after, striking and beating her.
ANN GRAY . I am single, and live with my father who is a stonemason at Uxbridge. About nine o'clock on the evening of Sunday, the 15th of July, I was coming from West Drayton, where I had spent the afternoon at my sister's—this happened between Useley and Drayton—I was coming along the foot-path—the prisoner, who was quite a strange; came out of a hedge, caught hold of me by the shawl, and asked me for my money—I told him I had not any—I was alarmed—he began swearing at me, and said he would have my money, and if I did not give him a shilling, be would serve me out—I then gave him a shilling, and immediately after that he hit me twice in his face with the fist, and made my nose and mouth bleed—he said he knew where I came from, and he would he with me again in a short time—he then ran away across the fields—he had a blue smock-frock, and a cap on his head—I kept on, and went to the first public-house I came to—I told them, and they took me back to my sister's, to West Drayton-in about half an hour after I went back I understood he was taken—I saw him the next morning—he had the same dress on then, and I knew him—I am quite sure he is the same person.
Cross-examined by MR. JONES. Q. Have you always lived at home with your father? A. No-ray father lives in Vine-street, and works for Mr. Burgess, as a labourer—I had been home a week—I am out of place—I went under the rail-road when I came from my sister's—I met the prisoner not quite a mile from the rail-road—it was rather dark about nine o'clock—he did not stop many minutes—he laid hold of my shawl—he did not put his arm round my neck—he did not attempt to kiss me—I was not angry with him for not doing so—I had four more shillings in my pocket—it was after I gave him the shilling that he struck me—I do not know whether the clock had struck nine—it was about twenty minutes to nine o'clock when I left my sister's—she lives about half a mile from the rail-road, and I had got about half a mile from the rail-road when I met the prisoner.
JAMES GOODALL . I live at Useley. About nine o'clock I had just come from the station-house at the rail-road—I went to Useley to a public-house kept by my mother—the prosecutrix was telling my sister she had been robbed, and described the man as having a very loose ragged smock-frock, knee-breeches, white stockings, and an old pair of shoes—(I
took her to her sister's)—I had seen the prisoner on the Saturday night before, dressed as she described-in half an hour after the girl had gone, he came to the public-house—I was talking about the circumstance, and said if I could have caught the man, I would have broken his neck—the prisoner immediately said, "Has there been a young woman robbed here to-day?"—I said, "Yes, there has within the last hour"—he drank his beer and walked off—I immediately followed him with a young man—I saw him go to Bagley's farm where he was to sleep for the night—I went to Drayton, found the girl in fits, and all over blood—we carried her to the bottom of Money-lane, stopped with her two hours, and returned to Bagley's farm and took the prisoner—he wanted to pull off his smockfrock, but we would not let him—we took him to Uxbridge—the next morning the prosecutrix saw him, and said, "He is the man"-when I first saw him that evening his legs, and shoes, and stockings were wet, as if he had been through the wheat—it was a very wet evening.
Cross-examined. Q. What stockings had he? A. They ought to have been white, if clean—they were dark because they were dirty—I and my sitter were talking about this when the prisoner was there—I am sure he said, "Has any young woman been robbed, and stopped here to-day?"—I have never said he used any other words—I was examined before the Magistrate—he said, "stopped," "interrupted," or something—it was a quarter to nine o'clock when I first saw him—she was robbed about two hundred yards from our beer-shop—I afterwards found him sleeping in Bagley's farm.
COURT. Q. You and Mills found him in a loose smock-frock? A. Yes; and he wanted his father's white smock-frock to put on instead, of his own.
JAMES MILLS . I live in the neighbourhood—I heard of the prosecutrix being stopped—I went with Goodall to the barn—the prisoner had a blue smock-frock on—he wanted to take it off, and put on his father-in-law's white smock-frock; but we would not let him.
Cross-examined. Q. What time did you first see him? A. About a quarter-past nine o'clock—we took him about twelve o'clock at night.
COURT. Q. There is no clock between Drayton and Uxbridge, I believe? A. No.
MR. JONES called
JOHN KENT . I am head team-carter to Mr. Bagley, the farmer. I have known the prisoner about fifteen months-when this robbery was committed he had not been at work for Mr. Bagley—he had a little while before—I know his father-in-law and mother—they were living about there at the time—they had work from Mr. Bagley—I remember being in company with the prisoner that Sunday evening, from six till eight o'clock; and then I was with him from eight till ten o'clock, all but about twenty minutes—I was in his company from six till eight o'clock at the Swan, at Drayton, and we came away up the Great Western Railroad; and from there to the Travellers' Friend, at Useley—I had a pint of beer, and he went into the tap-room and had a pint of beer—I left him that evening about nine o'clock—I had no watch, and cannot speak to a few minutes—I do not know where the young woman was attacked—I do not know when he went away—I left then—I saw him again that evening—he went into Mr. Bagley's farm.
work for Mr. Bagley—I remember the night of the robbery when the prisoner came home to sleep—I cannot say the hour—I should think it was about ten o'clock.
GUILTY . Aged 24.— Transported for Fifteen Years.
Before Mr. Justice Coltman.
ROBERT CLEAVER . I am in the service of Bishop and Pell, wine-merchants and manufacturers. On Friday, the 27th of April, I was in the warehouse, between five and six o'clock in the evening—I saw the prisoner there—he had been out on business for the firm that day—he was in their service—he returned soon after five o'clock, intoxicated—he came up to where I was, in the pressing department, and used very abusive language—I told him to go away, or I should fetch somebody who should make him—he went from me to Edward Jones, who was about thirty-eight or forty years old—he used very abusive language to him, and Jones told him to go away, and let him go on with his work; and pushed him away, and he being intoxicated fell upon some fruit which was very near his heels—he pushed him with his open hand-Hailes then got up and struck Jones—it was not a very hard blow, not sufficient to knock a person down who was sound in his legs-Jones fell, having had a very bad leg for a year—it was stiff at the knee—he could not bend it—he fell, and his leg was broken—he was taken to the hospital directly—the prisoner did nothing more to him-when Jones fell, Hailes fell also with the intoxication—he hid not received a blow-both fell—they did not fall on each other.
Prisoner. Q. Did you not see Jones knock me down first? A. No; I was not there at the time—I did not see the beginning of it.
JAMES WILLIAM HUTT . I am house-surgeon of St. Bartholomew's Hospital. Jones was brought in between seven and eight o'clock on the evening of the 27th of April, with a severe compound fracture of the right leg—the bones were broken, and the integuments wounded—it was a very severe injury—he had repeated attacks of inflammation of the leg, and suppuration took place on the separation of the different parts of bone that came away—he remained in a state of great danger for some time, and then subsequently improved a little-about a week previous to his death, an attack of erysipelas commenced in the injured leg, which spread rapidly up the thigh—he died on the 21st of August, between twelve and one o'clock—the erysipelas was the immediate cause of death, brought on by the injury, the fracture of the leg—I feel confident of it, more particularly, having made a post mortem examination of the limb.
Prisoner's Defence. I certainly was struck first by Jones, and when I got on my legs I went to strike him, but I had no idea of so serious an accident—I believe the fall was occasioned by his falling over the handle of the presses-Cleaver struck me three or four times before I hit Jones, while I was attempting to strike at him.
NOT GUILTY .
Before Mr. Justice Coltman.
1882. RICHARD SMITH was indicted for burglariously breaking and entering the dwelling-house of John Sams, about three o'clock in the night of the 20th of July, at St. Andrew's, Holborn, with intent to steal.
JOHN SAMS . I am a victualler, and live in the parish of St. Andrew's, Holborn. On the night of the 26th of July, between two and three o'clock, I was disturbed by an alarm that thieves were in the house—I immediately ran down stairs, and found the door leading from the yard into the house broken open—I had fastened it myself the night before with bolts—the bolts were forced off by main force—I found the private door leading into the passage open—that is another door leading into Fox-court—I had fastened it myself the night before with a bolt, a bar, and a chain—it had been unfastened inside-no violence had been used to that—it had been unfastened as I should have done it myself—on discovering that open I found an officer, another man, and the prisoner, standing at the door, in Fox-court, which leads from Brook-street into Gray's Inn-lane—my house is in Brook-street—the constable came inside, and we examined the place-nothing was said at the door in the prisoner's hearing, to my knowledge—we found another door had been attempted to get into the parlour—we saw where some one had been trying to force it open—some kind of bar had broken the wood away of the door leading to the parlour—there were marks on the door-post, as if an instrument had been put in to force it open—we afterwards went into the yard, to found an attempt had been made underneath the window—it seemed to have forced through the wooden wall which is the partition of the dwelling-house—after that I found a pane of glass broken—that was all I observed-nothing was said to the prisoner in my presence, but he was in custody.
Cross-examined by MR. BODKIN. Q. You were not disturbed by hearing any thing yourself, but by the cries of people who found it out? A. Yes-Thurling was with the prisoner.
HENRY WILLIAM THURLING . I lodge in the prosecutor's house. I remember returning home on the night in question about three o'clock-when I got home I rang the bell at the private door in Fox-court—I stood about a minute, and then heard something slip from the back wall behind, it sounded like somebody dropping from the wall, which is in Fox-court—I vent round to the corner immediately to see how the noise was occasioned—it is but a small angle-when I got round that corner I saw the prisoner in the act of getting up from the pavement—he had been down on the ground—the wall he came over separates the yard from the court—I did not see him come over the wall—I heard him fall from it—it is between Fox-court and the yard—it is about ten feet high—he was about five feet from the back door leading into the yard—I called on him to surrender, and give an account of himself-as soon as he got up he ran away from me, in indirection of Gray's Inn-lane—I called on him to stop and give an account of himself, which he said he would not-his precise expression I cannot recollect, but it was to the effect that he would not—I rather think it was that he would see me d-d first—he ran on—I ran after him about twenty yards, and then came close on him-when he found that I gained close on him, he turned round and put himself in a threatening position—he had an instrument in his hand, and with the darkness of the morning, I could not distinguish what it was, but it appeared to me, as he held it under his arm, concealing part of it, to be
like the barrel of a pistol—he held it towards me, and told me to keep off—I was rather alarmed, and did as he required me—I did not rush immediately on him, and then he ran away again, through several courts—I followed him, and called "Police"-a policeman came up, and joined in the pursuit—we then came into Brook-street—I heard something fall on the pavement like iron or steel—it appeared to be thrown from the prisoner's hand—the policeman called out, "Keep him in sight, and I will pick this up"—we ran through several more courts, which I never went through before, and ultimately into Gloucester-court, Holborn, without coming into Holborn—I there overtook him, sufficiently to stop him, and he put himself in a fighting position, but I detained him there till the policeman arrived, and he was taken into custody—we brought him back to Mr. Sams's door, and Mr. Sams was then at his door—I accompanied the prisoner and policeman to the station-house—I only lost sight of him at the times he went round the corners of the courts—he was not ten yards before me all the way—I pursued, and saw nobody before me but him and the policeman—he slipped round the corners very quickly-as soon as I got round the corner, I saw him still running before me.
Cross-examined by MR. DOANE. Q. That was Sams's bell that yon rang in Fox-court? A. Yes—I lodge in the house—the front-door it not in Fox-court—the back-door leads to the private part of the house—I afterwards examined the premises—I found the back-door, leading from the house to the yard, had all the bolts drawn back—I examined the door that led into the passage—there had been no violence used to that which leads to Fox-court—it appeared to have been unbolted, unbarred, and un-chained—there was nothing to prevent a person getting out at that door, instead of going over the wall, unless a person stood there—the violence was used to the back-door, leading from the passage to the yard and to the parlour-window, a square of glass was nearly taken out of the window, looking from the parlour into a yard—there are no shutters to the windows-when I observed this, I was outside the house—I can swear the marks of violence must have been made from the outside—it was so dark, I thought he had a pistol-at the distance he stood from me, I could not tell whether what appears was a crow-bar was a pistol—I was alarmed—I did not withdraw; I stood on the defensive—I put myself in a position to prevent his running away, if he had fired and missed me—I had been out on business at a club, held at the Hole-in—the-wall, Chancery-lane—I am an officer of the club, and was engaged in that business until two o'clock—it is a burial—society—it was a quarterly meeting, and I cannot begin business till ten o'clock—I was engaged receiving contributions from different members, and paying money due from the society—we had refreshments—I am quite sure I am not mistaken in the man—it was not so dark but that I could see him—I did not lose sight of him in Brook-street, except merely at the corner.
JOHN ARCHER . I am a policeman. About three o'clock on the night in question, I heard the cry of "Police"—I went up in the direction of the cry, and saw Thurling and the prisoner standing a few yards apart, in Fox-court—I made towards them, and immediately the prisoner saw me he ran away and Thurling after him—we followed him up and down several courts—the prisoner then ran into Brook-street—I had nearly got to him then-Thurling was close by meat the time, and in Brook-street I saw him throw this thing from his hand, it is termed a jemmy—he ran on—I told Thurling to keep him in sight, and I would pick up what he had thrown
away—I did so, and produce it—it is turned at both ends—I then followed him till I got into Gloucester-court—I there found Thurling keeping him in bay and secured him—I took him back to Sams's house—I compared the instrument with the back door leading into the yard, and found all the bolts forced off the door-in several places there were impressions on the door-post and door too—I tried the jemmy with them, and they exactly corresponded—I have no doubt of their being made with such an instrument—I examined an inner door leading from the passage to the parlour—there were marks on the door and door-post, and they corresponded with the instrument—I found a square of glass broken in the back window, part of it was in the parlour and part outside—I found a ladder standing against the wall in the yard to enable a person to get over—that is the wall parting the yard from Fox-court—the bottom of the ladder was about four feet from the door—I found nothing on the prisoner but part of a lucifer-box, but no matches—I found in the house the paper that is used to get the light with.
Cross-examined by MR. BODKIN. Q. When the prisoner was taken he was covered with mud, I believe? A. Yes, and white, and the wall of the yard was white.
GUILTY . Aged 32.— Transported for Fifteen Years.
Fourth Jury, before Mr. Recorder.
1883. HENRY SLOMAN was indicted for stealing, on the 15th of July, 2 handkerchiefs, value 6s.; 1 shirt, value 6s.; 1 purse, value 6d.; and 8 sovereigns; the goods and monies of Richard Wood, in his dwelling house.
RICHAED WOOD . I keep an eating-house in High-Holborn. The prisoner lodged with me about five months up to the time in question—he left on Sunday the 15th, when he was taken into custody by the police-while he lodged with me I missed a great many things-seven or eight shirts, and as many silk handkerchiefs, eight sovereigns in a purse, and two handkerchiefs—I had no suspicion of him till Sunday evening, when about five o'clock I went up stairs to my bed-room and found the kitchen-maid there—I asked if she had untied a bundle which came from the wash—she said, "No"—I missed a shirt from the bundle, and two shirts from a drawer, which was safe on Saturday morning, and there being no strangers in the house I made inquiry, searched several rooms and found nothing—the prisoner retired to bed before dark—we tapped at his door to search the room—he would not open it, but I heard his window open, and some things were brought in-doors by the policeman and other people—he was taken to the station-house, and my purse, which had contained eight sovereigns, was found upon him—I had lost sixty pounds that same day from our money cupboard—he has heard me say the first person I found robbing I should certainly prosecute, as a female servant had robbed me of fifty pounds worth of goods.
Cross-examined by MR. CLARKSON. Q. When did you miss your handkerchiefs? A. Not till the Sunday evening—I have found two—I did
not miss the money till the purse was found in his possession at the station-house—it had been in a drawer with my neckerchief and silk hand-kerchief—I had not seen it for a month before-no money was found upon him-when I saw the purse last the money was in it—this is Mrs. Dyer's house, the person who has kept it twenty-four years, and now keeps it partly with me—she is a widow, and lives in that house—I have no separate entrance to it.
COURT. Q. Who pays the rent and taxes? A. It is paid between Mrs. Dyer and myself—the house is in her husband's name-in fact, it has never been altered—I have declined taking the house—it is only kept on for a little girl's benefit—I am a partner with Mrs. Dyer.
MR. CLARKSON. Q. Are you and that lady in partnership together? Yes, but this is my private property which was stolen—it was my share of profits taken from my own private drawer—I settled my accounts and took my share two years since—the sovereigns had been in the purse a month—I put them in myself—the widow-lady did not know of it—it was money of my own—I had dressed myself to go out, a month or six weeks before, and left this purse in the drawer—I will swear to the purse, it is made in a peculiar way—the servants had access to the room, but nobody else that I am aware of—I generally kept it locked, except on Sunday, when there are no strangers in the house—the widow-lady keeps the second floor back room—the profits were divided in the early part of last March—I believe the eight sovereigns did not form part of the profits, they came from my own property—I carry on no business in the house but the eating-house—I purchase houses at times, and lend money—my profession is a paper-hanger, but I do not follow it—before I went to Dyer's I was in Hart-street, Bloomsbury, as a paper-hanger—I was not very successful in that business—I was not unsuccessful—I did not bring money away from there, but I had other means—I did not take any large sum there with me—I took a small sum, perhaps 30l.—I will not swear it—I will swear I took 10l. there—it was sovereigns, and perhaps notes-since I hare left Hart-street I have been in the wholesale iron business—on the death of Dyer I took his business—I followed my own business, and lived at Dyer's—I lodged in Dyer's house some years previous to his death—I had no shop in Holborn—I managed a business for Mr. Lions, a manufacturer there—it was not my business in Hart-street, that was unsuccessful—it was family affairs, which have been before the public.
MART CARTER . I am the wife of James Carter, and live servant to Mr. Wood. On the 15th of July I heard of a shirt being missed—I searched for it in every room of the house but the prisoner's—he was in bed—I went to his room about a quarter past ten o'clock at night-his door was locked—I told him to get up; that Mr. Wood had lost some things, and I was come to search—he kept me some time at the door—I said, "Are you going to open the door?" he said, "I cannot find my trowsers"—I heard him open the window, and the policeman afterwards brought in some things-when I got into the room, the window was up, and the blinds down—I had told him before I went in, that Mr. Wood had missed handkerchiefs and shirts, and I was to search the room—there are two windows in his room, which look into the street.
in Holborn—the prisoner knows where he is—I had seen the shirts on the Saturday previous.
ELIZA MATLEY . I am single, and live with my aunt, Mrs. Martin, at No. 17, Coal-yard, Holborn. About a quarter past ten o'clock, on the night of the 15th of July, I was passing Mr. Wood's shop, in Holborn, and saw a shirt and handkerchief thrown out of window—I caught the handkerchief as it fell out—I picked it up, and a young girl with me picked up the shirt—the policeman came and took them from me-another handkerchief fell out of window, and fell on the first-floor ledge, I showed that to the constable.
JOHN GLASSCOCK (police-constable F 16.) I was on duty in Holborn. Eliza Matley gave me a shirt and handkerchief—I went into the prosecutor's house—the prisoner was given into my charge—he said he was quite innocent, and knew nothing about it—I saw a purse taken from his pocket at the station-house—there was nothing in it.
JOHN MANHOOD (police-constable 65 F.) I assisted in taking the prisoner to the station-house—I found the purse on him—it was claimed by Wood—the prisoner said it was given to him in St. James's Park by a servant of Mr. Wood's, who had left the service a month previous—I went back with Mr. Wood to the prisoner's room—the prisoner said nothing about it being his room.
Cross-examined. Q. Do you know the prosecutor? A. Yes; I have known him about two months—I know Mrs. Dyer by my being on the beat—Mrs. Dyer is not here, and has not been this sessions—the prosecutor lives at the house entirely—I do not know whether he has any other house.
MR. CLARKSON to RICHARD WOOD. Q. I understand you to swear that you last saw that purse a month or six weeks ago? A. No; a month since I put the money in, six weeks, perhaps—the money came from my own profits in the business—it is money I had by me from discounting a bill—I will tell you who for, though I do not think it is a fair thing in a Court of Justice.
COURT. Q. What is your objection? A. It may hurt the credit of the party we discount for.
MR. CLARKSON. Q. Who do you mean by "we?" A. I, occasionally, and occasionally Mrs. Dyer, whoever has money to spare—I do not know whether I am married or not—it is twenty years since I saw my wife—I do not know whether she is living or dead—that is what I referred to—I am in partnership with Mrs. Dyer-all the property I have has not proceeded from her—I saved up from my labour for ten years in the situation I was at in Holborn, I saved 200l. there—I failed in business as a paper-hanger twenty years ago—the last business I was in before I went to Mrs. Dyer, was in the iron way, in 1829—I first knew Mrs. Dyer twenty years ago, living where she is now-her husband died about five years ago—I was living in the house then, and have done so ever since, and five years before—Mrs. Dyer is forty years old—I have one child, twenty-five or twenty-six years old.
COURT. Q. Was the property in the purse your property? A. It was—there has been an action of crim. con. respecting my wife, and deeds of separation twenty years ago—there were eight sovereigns in my purse when I lost it—the house has been mine in partnership with Mrs. Dyer for years—I undertake to manage her business—she was offered 700l. for it,
but I promised Mr. Dyer I would assist her on his death-bed—I do not pay the rent—I consider it my dwelling-house—I am not the tenant.
MR. CLARKSON. Q. Have you been carrying on the business for the last ten years? A. No, for about five or six years, for Mrs. Dyer partly.
NOT GUILTY .
[Upon the prisoner being brought up to plead to the indictment, he stood mute. The Jury being empannelled to try the issue, (on the evidence of Mr. Cope, the Governor of Newgate, and Mr. Newman, the turnkey, both of whom deposed, that the prisoner, who had been in custody a fortnight, was in the habit of speaking constantly both English and French, and had spoken within the last hour,) found that the prisoner stood mute of malice.]
JAMES FULLER . I am fifteen years old, I live with my father, at West-green, Tottenham, and am in the service of Richard Dawkins, who keeps cows. On the night of the 12th of August, I drove one of his cows into the cow-shed, by the road-side—I fastened the cow with a chain round its neck, shut the door, and the next morning went to the cow-shed, found the door open, and saw the cow lying there dead—it was warm—its belly laid all on the ground by the side of it—its belly was cut open, and its entrails laid on the ground—some of the flesh was carried away—the throat was cut on each side, and a quantity of blood laid there—I found some sacking lying there, and some tarred string—I went and called master up—he lives about fifty yards from the spot—it was about half-past three o'clock in the morning.
RICHARD DAWKINS . I live at West-green, Tottenham, and am a farmer. I sent Fuller with a cow from the field into the cow-house, on the 12th of August—he called me up in the morning before four o'clock—I live fifty yards from the cow-house—I found the cow lying on the ground, with her body all open, tbeentrails out, some blood against her-a great deal of flesh cut off the buttock and down the leg, and the veins cut to the neck—I found a piece of sacking and some tar rope in the shed—I gave information to the police—the cow was my property, and worth 10l. she was seven or eight years old—I have examined some pieces of meat produced to me—I compared them with the animal, and they appear to belong to the animal—the prisoner spoke to me when he was taken.
JOHN COLLINS . I was on duty in the Kingsland-road, on the 13th about a quarter before six o'clock. I met the prisoner coming from towards Tottenham, with a large bundle flung over his shoulder, and a bottle of water—I asked him what he had got—he said "Water"—I said, "I mean what is in the bundle?"—he said "Clothes"—I put my hand to it, and found it soft and very heavy—I took him to the station-house, and he owned he had some meat—I searched him, and found a sharpening-stone, with tar rope, and smears of blood on it—I found nine or ten pieces of beef in the bundle, and two kidneys—he said a man gave it him on the road—I took off his coat, and found his arms and elbows stained with blood-information came from Tottenham that a cow had been slaughtered—I went there, and found the cow lying with its entrails all out, and the kidneys gone—I compared the meat with
the animal it appeared to have come from it, and the sacking and tar rope corresponded with the sacking and rope he had—I do not know whether there was any deficiency when I applied what the prisoner had to the animal-a butcher examined the animal—the heart laid by the side of it—the sacking found on him corresponded with what was in the shed.
JAMES SWAIN . I live in Whitecross-street, and am a butcher. I have examined the ten pieces of meat produced, as found on the prisoner—they correspond exactly with the animal—I missed nothing but the heart, and that was left in the yard—the meat produced made up what was wanted—I have seen a knife produced, and found the hairs of the cow in the part where it closes—that appeared the same coloured hair—the policeman showed it to me.
----NEWMAN. I am one of the turnkeys of Newgate. I have seen the prisoner every day since he was committed, which is thirteen days ago—I believe he understands every word that is going on—I have heard him speak often in prison—there is no appearance of want of understanding about him—he is like the other prisoners—he has had his breakfast and dinner—I have often asked him if he liked his meals, and he has said, "Very good"—there is nothing to lead me to suppose he is not aware of the difference between right and wrong, or that he is not in perfect possession of his faculties—this morning I gave him his shoes, and he said he could not wear them—they were no good.
MR. CARRUTHERS. I am assistant to the surgeon of the gaol. I have attended the prisoner among the rest—he perfectly understands English, and speaks very plain—I have noticed nothing to lead me to believe he is not aware of what is passing—he has never shown any thing of the kind—I believe him to be quite rational, and to understand as well as anybody.
The prisoner being called upon both in French and English, for his defence, and asked whether he had any questions to put to the witnesses, still remained mute.
GUILTY . Aged 56.— Transported for Fifteen Years.
1885. MARTHA BANBURY was indicted for stealing, on the 6th of July, 1 watch, value 5l.; 1 pedometer, value 6l.; and I hook, value 2s. 6d.; the goods of William Roe, in the dwelling-house of George Robert Lewis.
JOHN TOBIN . I am servant to William Roe, who lodges in Norton-street. At the time this happened, the prisoner was servant in the house—I missed master's watch from his sitting-room, and also his pedometer—I told Mrs. Leaf of it, and she afterwards gave me the watch—I told the prisoner if she would produce the pedometer, I would not prosecute her about the watch, but she denied all knowledge of it—on the way to the station-house I asked her again, and she said she would tell the truth, that she took the pedometer to give to a woman to tell her fortune, on the Monday morning before, and she took the watch to give to the woman to give her back the pedometer, as she thought there would be more said about the Pedometer than the watch.
JANE LEAF . On the 7th of July Tobin told me his master's gold watch and pedometer were missing from the sitting-room—I had seen the watch on the table on the Friday before—I had not left the house after that, and
no stranger had been into the house—I went to the prisoner and told her it must rest with somebody in the house—she denied all knowledge of it—I said, "I must have a policeman in," and she then said the watch was not out of Mr. Roe's room, and after he was gone out she would give it to me-when he went out, she took me up stairs, went into the closet, looked about, and said, "It is not here, if you will go down stairs I will give it to his servant"—I went down stairs with her, and she gave me the watch out of a hole in the kitchen stairs—I asked what she had done with the pedometer—she said she gave it to a woman who she did not know.
Prisoner. You said if I would say I had given it to a woman, you would let me go. Witness. No, I said if you would give up the property you might go away, but it was not mine, and I wished it found—I said, "If you give me the property to replace, you shall go about your business."
Prisoner. You told me if I would say I had it, you would keep me on, and not say any thing, and you knelt down on your knees. Witness. I did not—she said afterwards that my child put the watch into the hole, and I have brought my child here.
MATTHEW UNDERWOOD (police-constable E 93.) I was called into the house, and Tobin told me the servant had stolen the articles—the watch lay on the table—I took the prisoner to the station-house—she told Mr. Roe's servant on the way there, in my presence, that she gave a woman the watch to tell her fortune, and gave me a paper with a direction on it to No. 15, Dean-street, Soho—I went there, and no such person lived there—she afterwards said it was a woman who nursed Mrs. Lewis's child—I took that woman, and she was discharged.
WILLIAM HUNT . I am servant to Mr. Bateman, a pawnbroker, in Princes-street, Soho. I produce the pedometer which was pawned by a female who I do not know, but it could not be the prisoner, because it was not pawned until three days after she was in custody.
(The prisoner put in a written defence, stating that promises were held out to her if she would confess to the robbery, which she had done, though she was innocent.)
GUILTY . Aged 16.— Confined Three Months.
1886. ANN COCKING, JOHN COCKING , and BENJAMIN BUGGEY , were indicted for a robbery on Charles Pearson, on the 19th of August, putting him in fear, and taking from his person and against his will, 1 hat, value 9s.; 1 pair of gloves, value 1s.; 2 half-crowns and 7d.; his goods and monies; and immediately before and at the time of the said robbery striking and beating him.
MR. PAYNE conducted the Prosecution.
CHARLES PEARSON . I live at the Wellington, in Uxbridge. On Sunday the 19th of June, I was in the George Inn-yard, about nine o'clock in the evening, with the female prisoner—I had met her in High-street-sbeenticed me into the field—we were on the ground—I had not been there two minutes before the two male prisoners, Cocking and Buggey, came there, and the man Cocking caught hold of me—I jumped up and was knocked down again directly, and Cocking, the man, struck me several times-Buggey assisted him, and struck at me several times, but did not hit me—I warded his blows off—my hat was carried away—I cannot say who by, but it was found on Buggey-also a pair of gloves, five shillings and seven-pence-at the time I was in the George yard I saw no persons but the three prisoners—I did not see the police-sergeant till
after it happened—the three prisoners ran away directly—the woman ran away first, and after the men had stopped behind and struck me, they went away also—I cannot say which took my money—I only missed it—I cannot say whether any hand was thrust into my pocket—I received a blow on my face, the swelling has not gone down yet—I went immediately to Uxbridge, and stated the case to Sergeant Cooper, I went with him and met both the male prisoners, and Buggey had my hat on his head—I described the marks on it before the policeman took it off—he took Buggey in custody—I took Cocking, and they were taken to the station-house—the hat was produced to me—this is the hat—(looking at it)—the gloves have been found by the police-sergeant—these are them.
Buggey. Q. Did not we not walk across the meadows with you? A. I never saw either of them till they were on me-when you took my hat away, I said I wish you would produce my hat-you did not take up a walking stick and give it to me.
DAVID COOPER . I am sergeant of the police at Uxbridge. On the night of the 19th of August, I saw the prosecutor about half-past nine o'clock, and in consequence of information, I accompanied him down the street, and met both the male prisoners coming up the street—I and the prosecutor were passing under a lamp, I believe they saw us coming, and Buggey immediately crossed over the road at a quick pace—I told the prosecutor to lay hold of Cocking—I crossed and took Buggey, and took him to the station-house—the prosecutor said, "That man had a cap on when he assaulted me, and he has now a hat-if it is mine it has 'Artis, Bond-street', in it"—I took it off and there was the name in it, and he identified it—I took the prisoners to the station-house—I afterwards saw the female going down Uxbridge in company with another prostitute, with a shawl over her head—I could hardly see her face, but knew her before—I lilted the shawl on one side, and took her—I had not seen the woman with the prisoners that evening—I asked Ann Cocking where her bonnet was—the said she had left it at the Jolly Ostlers.
JURY. Q. Was the prosecutor sober? A. Yes, I had no reason to believe that he had been drinking—he appeared irritated—he described the men in such a precise manner I could not suppose he was drunk.
WILLIAM SERVANT . I am a policeman of Uxbridge. In consequence of information I went to the Jolly Ostlers' public-house and obtained a bonnet, in that I found a pair of gloves, which I produce—the prosecutor described them before I found them—I took the bonnet to Ann Cocking, and she said it was hers.
Ann Cocking's Defence. I first met the prosecutor by the Three Hounds—he passed me four or five times in the street and kept offering me money—I would not take it—at last by the George Yard he asked me merely to walk with him through the church-yard, and who should I see in the yard but my husband and the other prisoner, sitting down drinking out side the public-house-when I got to the meadows, the prosecutor got behind me and told me to walk on slowly—I walked very gently—he came up behind me, took hold of my clothes and flung them over my head, and "threw me on the ground—I hallooed three times, and he put hit hand over my mouth, and my husband came up to assist me—I took his gloves up as got up.
John Cocking's Defence. The other prisoner and I were having a drop
of beer, my wife and the prosecutor passed us, and presently I heard her halloo out—I ran and laid hold of his coat and said, "Hallo, what are you doing to her?"—he got up and I struck him twice, but never touched his money or any thing.
Buggey's Defence. I had the hat given to me by two other chaps in the town—the prosecutor said he would give us half-a-crown to find his hat, and we looked after it, but could not find it—he went another way, and just as we got into the town the hat was given to me.
(Thomas West, a sawyer of Uxbridge, and Stephen West, deposed to Buggey's good character.)
ANN COCKING— GUILTY . Aged 20.
JOHN COCKING*— GUILTY . Aged 34.
BUGGEY— GUILTY . Aged 17.
Transported for Ten Years.
NEW COURT.—Friday, August 24th, 1838.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged.— Transported for Seven Years.
GUILTY . Aged 59.— Transported for Fourteen Years.
GUILTY . Aged 18.— Confined Six Months.
1890. JONATHAN HODGE was indicted for stealing, on the 18th of July, 12 yards of satin, value 3l.; If yards of lawn, value 3s. 9d.; 1 pair of stockings, value 2s.; 54 yards of ribbon, value 5s. 6d.; and 72 yards of other ribbon, value 6s., the goods of Robert Escreet Linsey; to which he pleaded
GUILTY . Aged 22.— Transported for Seven Years.
GUILTY> . Aged 21.— Confined Three Months.
Messrs SCARLETT and BODKIN conducted the Prosecution.
THOMAS POCOCK (police-constable F 38.) In consequence of the complaint of Mr. Ward, I went to a house in Crown-street, St. Giles's, between one and two o'clock on the 1st of August, I found the door of the second-floor
back room fastened inside—I knocked, and a female spoke in the room—I believe she said, "Who is there?"—I said, "A friend"-about two minutes after the door was opened by the male prisoner—he had his trowsers on and his stockings—he said, "I beg your pardon, I was in bed, that was the reason my door was locked"—the woman was standing near the fire-place washing—the man's brother, who was in the room, a boy about thirteen years of age and quite dressed, made his escape—I told both the prisoners I came to take them on suspicion of robbing Mr. Ward, and I must search their apartment—I then secured them—I had Mr. Ward with me—I went to a cupboard—I found some metal, a pipkin, some plaster of Paris, and some white metal, which appears to have been melted—this small bag contains plaster of Paris—I asked the female prisoner what that was in the bag—she said, "Flour and pollard for her rabbit"-but it is plaster of Paris—I found a cabbage leaf on the window ledge outside, and under it a brown pone—I opened it—it contained eight counterfeit shillings, finished, and eight not finished—the cabbage leaf was quite fresh and covered over them—I asked the man about the money—he said, "I know, nothing about it, I never saw it in my life"—I afterwards found some hard plaster of Paris in a dry state inside the fire-place, loose on the ashes—I found a rag with plaster of Paris on it—I found none in the form of a mould—I found some broken pieces—I then took the prisoners to the station-house—I returned to their lodgings—the female prisoner had locked the door in my presence—I got the key from her in the station-house, and went to the lodgings with Ward and King—I saw King find a file and a spoon—there was an appearance of white metal in the teeth of the file and in the spoon—they were found in a drawer in the table of the room-Ward found a file on the window sill, inside.
Cross-examined by MR. JONES. Q. Did you ascertain now long the prisoners had lived in the room? A. Two or three months I believe—I will not be certain whether it was two or three weeks—I was told it was a furnished room—the man said he was a coppersmith—he did not tell me he used the files in his business—I had not found them then—I found a black earthen tea-pot in the room, with some tea in it—no part of it had been repaired—it was half full of water—I found a tea-kettle—I looked inside that, it did not appear to be repaired—the man said the woman was no wife of his—he did not call her his wife, to my knowledge—he might say so-when I got to the station-house she said, "That is my husband."
MR. BODKIN. Q. You do not recollect his saying that she was his wife? A. No; but at the office he said she was no wife of his.
CHARLES BOSSY . I am clerk to Mr. Montague. I occupy the front room, second-floor, at No. 30, Crown-street—the same house as the prisoners lived in—my room was only parted by a wainscot-between five and six o'clock, on the 1st of August, I was disturbed by their getting up—I went to a small hole in the wainscot, and saw the man standing about the middle of the room, opposite the window—he had a sort of composition in his hand, in a wet state—he took it to the fire-place-brought it back, and then scraped it out with a pocket-knife; and then took it to the window to see whether it was level—he put it under some other things, and covered it with a blacking-pot—the female was in bed.
Cross-examined. Q. Did you see her in bed? A. I did not—I had not a view of the whole room—the hole is about as big as a pea—Mr.
Pocock, the officer, has seen it—I have not been in the habit of giving evidence in Mint cases.
JOHN WARD . I live at No. 30, Crown-street, St. Giles—the prisoners lived about two months in the back-room—I lost some sovereigns—I went with the officer to their room, and saw these things found—I found one small file.
Cross-examined. Q. Were you tenant of the house? A. My mother is the housekeeper—the prisoners passed as man and wife—he always called her his wife—he gave us to understand that he was a brazier—I do not know that such files are used by them—the male prisoner took the room.
MR. JOHN FIELD . I am Inspector of coin to Her Majesty's Mint. These sixteen shillings are all counterfeit, and have been all cast in one mould; eight are finished, and eight not finished—these materials are all applicable to making counterfeit coins—this is plaster of Paris in powder only, and nothing with it.
WILLIAM WATKINS— GUILTY . Aged 21.— Confined Two Years.
ANN WATKINS— NOT GUILTY .
1893. ALOIS BAURMAN and CARL PFEIL were indicted for stealing, on the 14th of July, 1 bag, value 1d.; 28 sovereigns; 2 five-dollar pieces, value 22s.; 2 doubloons, value 7l.; 4 ten-guilder pieces, Value 3l. 8s.; and 1 ounce weight of silver, value 4s.; the goods and monies of Henry Anrath: and 1 half—sovereign, the monies of Peter Frederick Dernen, in the dwelling-house of Martha Davies.
(The prisoners being foreigners, had the evidence communicated to them by an interpreter.)
HENRY ANRATH . I live in Finsbury-street, St. Luke's. On the 14th of July I went out, left a purse in my drawer containing between twenty-eight and thirty sovereigns, two pieces of gold, two five-dollar pieces from the United States, and other monies: it contained a bag—this is it—I can speak to the bag—these purses are not mine—(looking at some coins)—I lost coins like these English coins, and I lost two gold coins like these—I lost two five-dollar pieces like these, of the United States—I believe these are them—I lost four of these other gold coins—I believe these are mine-all the money was safe in the bag.
PETER FREDERICK DERNEN . Mr. Anrath lives with me. On the 14th of July, when I came home, my landlady gave me this paper-her name is Davies—(translation read)-"Dear Henry, I have taken the trunk with the hams and butter with me. I beg of you to never leave the key of your drawers upon them, otherwise you would be cheated, so as you think I only could be cheated. I have taken half a sovereign out of the drawer in Which the key was."—I do not know the writing of that letter—I went for the policeman, and then found the property was gone.
Prisoner Alois Baurman. That same paper was left with me.
MARTHA DAVIES . I am landlady of this house—the prisoner Baurman knocked at the door—the servant let them both in-Baurman went up to the rooms of these two gentlemen—he wrote the paper and brought it down, with a pipe in his mouth, into the kitchen—I was cooking the dinner—he presented the paper and a key, and said, "For my comrade, Dernen"—he came again and asked for the key—I gave it him, and they
both went up stairs-Pfeil fetched a cab, and they went away—they both tent into the room where the property was.
JOHN ADAMAN (police-sergeant R 1.) At half-past ten o'clock, on the 16th of July, I went to the Mitre Tavern, Greenwich—I there found the prisoners—I searched Pfeil at the station-house, and found three foreign coins, which I have here, also some copper money, four silk handkerchiefs, and a pocket-book—on Baurman I found a silver watch, a pocket-book, and a purse with some foreign copper coin, but nothing else—I received a purse from Schwager.
HENRY SCHWAGER . I went after these prisoners-Baurman gave me this bag and money—he said he had taken the money out of fun, as he was drunk—he thought to take only 7l., but he took the whole at last-Pfeil was not present.
FREDERICK DILLMAN . I keep a coffee-shop in Earl's-court, Leicester-square. On Sunday, a week before the robbery, the prisoners came to my home, and on the day of the robbery they brought two trunks and put them in my passage-Pfeil gave me what he said was a sovereign—I did not look at it—I put it into my pocket—I afterwards found it was a Dutch piece, which I changed at the Bank for 16s. 3d.—they were in a great hurry.
Pfeil's Defence. We went up together, but I left Baurman—he sent me for a carriage, and while I was gone I suppose the robbery was committed by Baurman—I gave the Dutch piece to Dillman, not knowing what it was—I got it from Baurman, with other things.
Baurman's Defence. I had nothing at all to do with the robbery—I only requested Pfeil to go with me to buy some goods, and we exchanged money together.
BAURMAN— GUILTY . Aged 25.— Transported for Ten Years.
PFEIL— NOT GUILTY .
1894. JAMES MAHONEY was indicted for stealing, on the 16th of July, 1 pair of boots, value 4s.; 1 pair of trowsers, value 2s.; 1 shirt, value 6d.; 1 apron, value 6d.; 1 handkerchief, value 6d.; and 1 pinafore, value 6d.; the goods of Elizabeth Mahoney.
ELIZABETH MAHONEY . I live in Whitecross-court, and am a widow. The prisoner is ray son-at four o'clock in the morning of the 16th of July, I got up to go to work—I found he was gone before me, and my boots and all—I have not found any thing-no one else had an opportunity? of taking them.
EDWARD M'CARTHY (police-constable H 96.) I found the prisoner close by where his mother lives, sitting on the steps of a door, at ten o'clock at night—I told him he must go with me to the station-house, for robbing his mother—he said in going, "She cannot hurt me now; there was none of the property found on me"—he asked me at the station-house to ask his mother to forgive him—she said she could not—he said he would serve her a b-y sight better when he came out. again—he said he had pawned some of the articles in the Borough, and sold the boots—we went there, but the things had been taken out the day following.
Prisoner. I am always used ill by my mother and brother—I had a place at a paper-stainer's—they never would give me a bit of "victuals to eat.
GUILTY . Aged 12.— Transported for Seven Years.
WILLIAM NEESMITH . I live in Southampton-mews, Russell-square, and am a coach proprietor. My ducks were in my coach-house—they were safe on Saturday evening, the 22nd of July, and were missed the next morning.
Prisoner. I was coming home at twelve o'clock—I was obliged to stop out because I could not get in-about four o'clock I met a young man carrying the bag with the ducks—he asked me to carry them-said he fetched them from Lambeth, but he was tipsey, and had lost his way.
Witness. I saw the prisoner in company with a man in Great Russell-street—I followed them—the other man saw me, and escaped into the Rookery, at St. Giles.
GUILTY .* Aged 18.—Recommended to mercy.— Confined Six Months.
THOMAS BAYLIS . I keep the Griffin public-house, in Liquorpoud-street. I have lost a great number of pots—this pint pot (looking at one) is mine-from information, I went after the prisoner, on the 28th of July—he was pointed out to me-as soon as he saw me he ran—I pursued, and called, "Stop thief"—he was stopped—I collared him and brought him back—I asked what he had done with my pot—he said he had not had one—I told him he had—the boy saw him throw it down, and he took it up.
JOHN RUSSELL . I live in Vine-street, Liquorpond-street I saw the prisoner take up two pots from opposite Mr. Baylis'—I gave information, and he ran down Portpool-lane—he threw one pot away—I took it up—I did not see him throw it away.
Prisoner. Q. Did you not say that a boy put it against the board? A. Yes, so he did.
GUILTY . Aged 22.— Transported for Seven Years.
GEORGE BRUNT . I live in Trinity-court, Aldersgate-street, in tie service of Dr. Wallis. On the night of the 27th of July, I was driving the carnage—I left it in Chancery-lane, and I left on the box a Macintosh coat—I came back in a quarter of an hour, and it was gone—there were a great many persons about.
HENRY GODFREY . I live in Stephen-street, Tottenham-court-road. I was coming along Fleet-street, and saw an omnibus and a four-wheel carriage get together-a great many said it was all the prosecutor's fault crossed over, and saw a man put his arm inside the coach, and then snatch this Macintosh off the dickey, and give it to the prisoner—I went after him, and took it from under his coat.
Cross-examined by MR. JONES. Q. What were you doing? A. I was witting—I had just been to Greenwich-nobody was with me—it was about ten o'clock—I had no occasion to call out to stop him—there was not one policeman on this side of Temple-bar—I took him within a minute—he bad just got through Temple-bar—I hare been in this box before,, never is my other part of this Court—I was in the other Court, many years age, when I was a boy—I have been in Newgate—I cannot recollect what it was for—I should think it was fourteen years since—I was transported for seven years—I am now about thirty-one or thirty-two—I do not recollect whether it was about watches—I never was in custody but, that once—I returned in 1822 or 1823—I was charged with some men—I got with them, and got into that trouble—I never knew the particulars—it was about some watches—I am not married—I have got no lady—I do not bow what has become of her—she was a witness for me before—I drive a cab when I am at work-last Friday night I drove for my master-if I was not here I should be at work—I do not know whether I am discharged—I had not been at work the day this happened—I do not live on the money the lady gets from gentlemen—I have only been a witness once against a person, when I was robbed of some things—that was the time I brought the lady here.
NOT GUILTY .
WILLIAM BROWN, JUN . I live at Feltham. I went at six o'clock in the morning of the 20th of July—I came home between six and seven o'clock at night, and missed my clothes—these are them—(looking at them.)
ROBERT JAMES THORPE . I am an officer of Feltham. I found the clothes on the prisoner, on Wednesday, the 23rd of July, at Feltham—I asked there he got them—he said he knew where he got them, but he would not tell me.
JOHN CULVER . I saw the prisoner about a hundred yards from the prosecutor's gate, two days after the robbery, with the things under his arm—I followed him, and gave information—he was taken with the things on him, by the officer.
Prisoner's Defence. I found them as I was coming through a field of corn.
GUILTY .* Aged 20.— Transported for Seven Years.
MARY TIERNEY . I am the wife of James Tierney, and live in May's-buildings—the prisoner was my servant, and slept in the same room with me and my husband—I carry out milk. On the Saturday night, the 28th of July, I got a sovereign—I put it into my purse, in my pocket—I put my pocket into the tick under my feet—I got up at five o'clock in the morning—I put my hand into my pocket in Orchard-street, and then found the purse—something struck me to look into it, and my sovereign was gone—I came home, and said to the prisoner, "I Have lost a
sovereign"—she said, "You don't say so"—I said, "I do"—I sent my little girl for the policeman, and he took her.
SOPHIA NOBLE . I am searcher at the station. The prisoner was brought to the station—I found the sovereign in her pocket—she said, "Oh dear what a bad girl I am"—I said, "You are, if you have stolen it"—she said, "I have."
Prisoner. I thought it was a shilling.
GUILTY . Aged 17.—Recommended to mercy.— Confined Five Days.
WILLIAM JASPER COX . I live in Barnsbury-road, Islington, and am a green-grocer. On Saturday, the 11th of August, about noon, I met the prisoners at a public-house, and went to the Merlin's Cave, Rosoman-street-about two or three o'clock in the afternoon I was in a public-house in Exmouth-street—I was sober enough to know that I had some money—I had 1l. 10s., a sovereign, a half-crown, and several shillings—I was awoke at nine o'clock in the evening, and missed it—it was not in a purse—I was then in Merlin's Cave—the prisoners, and a man named Underwood, were with me in Exmouth-street.
Cross-examined by MR. CLARKSON. Q. Did you ever see either of these persons before? A. Not to my knowledge—I met with them promiscuously at the wine vaults—I drank with them—I went to Clair's lodgings in Easton-street, about twelve or one o'clock—I should not have spoken to her, but a man I was with knew her-Clair said she wanted to call at home, and we all went with her together—my friend went with her—we might have been there a couple of hours—I was tipsy—I know I fell asleep—the sovereign was found on the table-Fordham charged the prisoners—they never attempted to go away.
WILLIAM BLACK . I live in Baldwin's-place, Baldwin's-gardens, and am a plasterer. I was at the Merlin's Cave—the prosecutor was drunk—he and the two prisoners were sitting together—I went and sat by the side of the prosecutor—he took out some money to pay for some beer-Clair snatched a half-crown out of his hand—he tried to resist, but he was too drunk, he could not-Clair kept it——I went and sat on the other side of the room—I then saw Scares put her hand into the prosecutor's pocket—I cannot tell what she took out.
Cross-examined. Q. What sort of a place was this tap-room? A. A small place—there are no settles, only the benches round—this was about nine o'clock in the evening—I mentioned the circumstance to Fordham, and we agreed not to let the prisoners go till he had sent for the prosecutor's friend—I had seen the prosecutor before—I did not know where he lived-his friend keeps a green-grocer's shop, close by the Merlin's Cave-his friend Lloyd and the policeman came—the sovereign was on the table—I never saw the sovereign any where else.
scares's breast—she brought it out herself—it was placed on the table—I had seen her turn the prosecutor's pocket out.
Cross-examined. Q. What, in the presence of the policeman? A. No—I was there paying my men—I was sitting next to Black, opposite the prisoners—they saw me-Clair knew me, and talked to me.
JAMES LOYD . I am a friend of Cox's—I employ him sometimes—I went to this public-house, and when I got there I closed the door, and sent for the policeman-in the meantime Scares took a sovereign from her breast, and put it on the table.
NOT GUILTY .
REUBEN RICHARDSON . I am a baker, and live in Woburn Buildings. About eleven o'clock I saw the two prisoners sitting on a step near the prosecutor's, and then I saw them go into the shop—they were in some time, aid came out-Desmond had the glass, and the other had an apron ready to cover it—they gave it to a bigger boy, not in custody—I followed them down the New Road, and took them.
CUTLER— GUILTY . Aged 17.— Confined Three Months.
DESMOND*— GUILTY . Aged 15.— Transported for Seven Years.
JOHN GIDDY . I live in Paradise-street, Marylebone, and keep an eating-house. The prisoner was my errand-boy—on the night of the 19th of July, he was in the parlour for ten minutes or a quarter of an hour—I heard money falling, and thought it was glass—I went in and said, "You young dog, you will break all the glass"—he was sitting down on the sofa-at half-past six o'clock the next morning, I found half a sovereign on the floor—I Bent for the policeman, and he found the other money in the sofa-bedstead.
JOHN NAISH (police-constable D 128.) I went with the prosecutor's wife to the house—the prisoner was there—I said, "You must go with me to the station-house"—he said, "What for?"—the prosecutor's wife said he had robbed them—he said he had not, he knew nothing of it—as I was going to take him he began to cry, and said he put it in the sofa-bedstead in the parlour—I went there, and found a sovereign and a half.
(The prisoner received a good character.)
GUILTY . Aged 12.—Recommended to mercy.— Confined One Month.
1903. ANN BRYAN was indicted for stealing, on the 18th of July, 1 shawl, value 3s., and 1 brooch, value 6d.; the goods of Ellen Donovan; 1 flannel-petticoat, value 6d.; and 1 waistband, value 1d.; the goods of Sarah M'Cormack.
Barrett's-court. This is my mother's petticoat—(looking at it)—she lost it on Wednesday, the 18th of July, from her room.
SOPHIA NOBLE . I am the wife of James Noble, a police-constable. The prisoner was brought to the station-house on the 18th of July—I found this flannel petticoat under her clothes behind her—she said it was her own—she had not got it on.
Prisoner's Defence. I was very ill that day—I took the petticoat under a mistake—I thought it was my own.
GUILTY . Aged 19.— Confined Three Months.
JOHN DIXON (police-constable S 167.) I produce the duplicates of these things—I got the one of the stock from the prisoner's mother out of a cupboard, the other the prisoner gave me out of his pocket.
JURY. Q. Did the prisoner's father and mother live together? A. Yes, I believe so—I went to the house, and asked for the duplicates, as the father, at the station-house, said the mother had the duplicates.
DAVID JOSIAH re-examined. When he took this shirt, this duplicate of the stock was found under the children's bed, he had dropped it by some means—there were two or three other articles, but I thought these would be sufficient to bring before the Magistrate—I did not think the case would be brought here—I did it merely to correct him.
JURY. Q. Have you sent him out to pawn things? A. No; nor has his mother, to my knowledge.
NOT GUILTY .
GEORGE GABITES . I am shopman to James Richmond Smith and another, of Tottenham-court-road. The prisoner came to the shop about half-past eleven o'clock, on the evening of Saturday, the 28th of July, and asked to look at some handkerchiefs—I gave her a chair, and called one of the young men to serve her—I left him serving her, and looked after my customers-in a short time the young man told me something—I went to the prisoner, and charged her with stealing two handkerchiefs—she said she had put them back again on the counter—I said she could have no objection to my looking under her shawl—we looked, and found two hand-kerchiefs under her right breast—she said it was the first time, and begged
us to forgive her—these are the handkerchiefs—(looking at them)—they have our private marks upon them.
Prisoner. I am very sorry for it.
GUILTY . Aged 14.—Recommended to mercy by the Jury and Prosecutor.
1906. EDWARD CARTER was indicted for stealing, on the 21st of July, 40lbs. weight of hay, value 2s. 6d., the goods of George Chittock, his master; and JONATHAN TAYLOR , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
GEORGE CHITTOCK . I live at Walthamstow, and am a farmer. Carter was my servant—I directed him, on Friday, the 21st of July, to bring a load of clover and rye-grass hay to Mr. Sweeting, in Whitechapel—he should have brought away thirty-six trusses, and one bundle for the horses, of the same kind and description—I followed him, for some reasons-when I got to Whitechapel the horses were standing in the street, eating clover of this year's growth, instead of what I had allowed him—I then went to the station-house—I had not seen him put in a quantity of clover of last year's growth for the horses, but there ought to have been about forty pounds—I have seen some clover and rye-grass hay of mine, it was new they were eating, it was not like what was on my wagon, but I am certain it was mine.
Carter. I found the old clover.
CHARLES HENRT MOCHETT (police-sergeant V 5.) I went to Whitechapel, and from thence to Ratcliffe-highway—I saw Carter delivering the thirty-six trusses of clover there at a corn-chandler's—he then turned from the shop towards Whitechapel, and in the bottom of the cart was part of a truss of hay tied with one band—he went to Mr. Sweeting, and spoke to him, then went up George-yard, and then to Black-horse-yard with his horses and cart—there he took the two leader horses out, and gave them water—then he took a handful from the old clover in the cart, and gave them a feed—he turned to come out of the yard, and was followed by Taylor-when they came to the public-house door, Taylor said, "Am I to have it"-Carter said, "It is worth more than that"-Taylor said, "I will give you that, and stand a pot of half-and-half"-Carter drew up to the Black Horse public-house door, and Taylor took his horse and cart there, close to Carter's cart—they stood on one side of the way, and I heard money pass—I could not see what-Taylor then took the part of the truss from Carter's cart, and put it into his own cart—that was the old clover hay—they called for a pot of half-and-half—I took Taylor.
Carter's Defence. I found that hay—it did not belong to my master.
CARTER— GUILTY . Aged 30.— Confined Three Months.
TAYLOR— NOT GUILTY .
1907. MORRIS QUIN and THOMAS QUIN were indicted for stealing, on the 12th of July, 1 box, value 3s.; 1 coat, value 15s.; 1 waistcoat, value 2s.; 1 jacket, value 4s.; 1 cap, value 1s.; 1 snuff-box, value 2s. 6d.; 1 apron, value 6d.; 1 stock, value 6d.; 1 pair of socks, value 3d.; 7 spoons, value 6d.; 1 cork screw, value 1s.; and I padlock, value 3d.; the goods of Richard Ealey.
RICHARD EALEY . I live in Quebec-street, and am a waiter. I was employed by Mr. Bott, of the Archery tavern, Bayswater—I took a box there containing all these things—I saw it safe on the Thursday before the 12th
of July—I was taken ill, and know no further about it—all these are my things—(looking at them.)
RICHARD STEWART . I am waiter at this place—I saw the box safe on the Thursday night at half-past twelve o'clock-when I came down next morning the window was broken and a bar broken to get the box out.
Cross-examined by MR. PHILLIPS. Q. Were there not two iron bars broken? A. No, they were wooden—they are about the thickness of my three fingers—I never swore there were two iron bars inside the window.
Q. Did you not say, "There are two iron bars inside the window, and in the morning I saw that one of them had been wrenched off?" A. I said there was one bar wrenched off-and when the depositions were read over to me, I said, "That is a mistake, they were wooden ban," and the clerk took the pen, and said, "That is easily altered."
WILLIAM WEBB . I am night watchman to Mr. Bott. About four o'clock on this Friday morning I went in front of the house, and met the two prisoners with another in a corner at Mr. Bott's—the box and clothes were in the passage—it is a little narrow passage, four or five yards long—I said, "You have been thieving these things?"—Thomas Quin said, "No, we have not"—I took them.
Cross-examined. Q. This passage leads to a watering place, does it not? A. Yes—the box was on the ground, and the things all about.
CHARLES PAGE . I was at work about four o'clock that morning. I saw Thomas Quin looking about the timber on Mr. Wyatt's premises, and watched him—he went into Mr. Bott's ground—I went and told the watchman—he went one way and I the other; and when he got into the passage, and caught these two boys, he sung out for me to assist him, which I did, and we called up Mr. Bott.
Cross-examined. Q. Was it not on the Archery-ground you saw Thomas Quin? A. Yes; when I saw him first he was on Mr. Wyatt's premises, alone, looking over the timber—after that he went to Mr. Bott's premises, that is the Archery-ground—he was alone then, and till I went and told the watchman—the watchman called me, and then I saw he had hold of two boys—I watched him about for five minutes before I called the watchman.
(Richard Hickman, a butler, of Duke-street, Manchester-square; Elizabeth Sidney, widow, Adam-street West, Portman-square; and John Mulpean, a porter, of Newman-street, Edgeware-road, gave the prisoner Thomas Quin a good character.
MORRIS QUIN— GUILTY . Aged 19.
THOMAS QUIN*— GUILTY . Aged 13.
Transported for Seven Years.
1908. ANN NASH was indicted for stealing, on the 3rd of August, 1 watch value 2s. 10s.; I watch-ribbon, value 1d.; I seal, value 7s.; and I watch-key, value 3s.; the goods of James Lee, from his person: and CHARLES JONES, alias Graham , for feloniously receiving the same; well knowing them to have been stolen; against the Statute, &c.
JAMES LEE . I live in Radnor-street, Camden-town, and am a servant On the night of the 3rd of August I met Nash, and went to a house in St. Giles's—I went into a room with her—I had a watch with me—she put out the light, and ran out of the room—I felt for my watch, and it was gone.
John-street, Clerkenwell. I have the watch and seal, which was pawned by the male prisoner, on the 4th of August.
Nash's Defence. I met the prosecutor—he was very tipsey—he had but 7d. in money—he said if I would take him home, I might pawn the watch—he said he would not go home, he had had a quarrel with his wife—I told him if he would come to my landlady she would let him have some money-when I got home she was in bed—I would not trust him in my room without money, and then he gave me the watch—I was in bed with him about an hour, and then he jumped up, and wanted me to give him the watch—I would not, and the next morning I gave it to this man to pawn.
NASH— GUILTY . Aged 29.— Transported for Ten Years.
JONES— NOT GUILTY .
WILLIAM WHITEHORN . About eight o'clock in the evening, on the 21st of August, I was passing the Monument—I felt a twitch—I turned, and saw the prisoner putting my handkerchief into his pocket—I am sure it had been safe in my pocket—it has a mark on it—the prisoner walked away to a chemist's shop—I followed him, and accused him of taking it—he denied it—I collared him, and said, "You must go with me"—he got from me, and ran across Monument-yard—I called after him-a porter stopped him, and he threw the handkerchief down, but I did not see him do that—the porter is not here—the prisoner told me that he picked it up.
Prisoner's Defence. I did not have it in my hand.
GUILTY . Aged 17.— Confined Three Months.
1910. WILLIAM CARLAND and LUKE M'GRA were indicted for stealing, on the 21st of July, 1 watch value 2l. 10s.; I watch-chain, value 6d.; I seal, value 1s.; I watch-key, value 3d.; I watch-guard, value 3d.; and 3 pieces of foreign silver coin, value 1s.; the goods and monies of Thomas Cassidy.
THOMAS CASSIDY ( a blind man.) On the morning of the 21st of July, the prisoner, M'Gra, came into my room, and asked me for 4d. for a pot of beer which he had called for, and had no money to pay for—I lent him the 4d.—in the course of half an hour he returned, and told me he had called for another pot of beer, and had no money to pay for it, and asked for another 4d.—I told him I would not do it, but if he had asked me for a shilling the first time, I would have lent it him—he took off his shirt in my room, and went out to make some agreement with the publican—I had the watch and other things in my room—the third time M'Gra returned with Carland—I had heard Carland's voice the day before, and knew him again—I asked my wife what it was o'clock, and she told me it was five minutes past twelve—I then went down, and was not there three minutes before I went up, and my wife met me, and told me the watch was missing, and the prisoners gone—I had given it to my wife to tell the time.
ELLEN CASSIDY . I am the prosecutor's wife. The two prisoners were both in the room when my husband went down stairs-Carland sat down, and M'Gra stood leaning on the mantelpiece, and he asked me again to lend him the 4d.—I would not—I stooped to put the fire together and the watch was on the mantelpiece then-while I was poking the fire M'Gra said, "Make no more to do; I know where I can get a sovereign"—I drew the chair to sit down, and M'Gra went down stairs, and then Carland went down—I got up, and missed the watch—I went down, and saw Carland—I said, "Have you seen Luke?"—he said, "He is gone out that way," meaning out of the court—I desired my boy to mind Carland, while I ran to look for Luke—I could not see him, and my little boy let Carland go-M'Gra had been leaning his hand on the mantel-piece-Carland was not near enough to have taken it—the watch has not been found—the watch had a brown silk plait guard to it, and three silver pieces—one of them had a hole in it—it was between the size of a sixpence and a shilling.
THOMAS CASSIDY re-examined. My family and the rest of the neighbours went in pursuit of Carland-Carland was in distress, no doubt, and had pawned his shoes the day previous, and sold the duplicate for 1s., and how could he have a watch if he had pawned his shoes?
JAMES CLARK (police-sergeant N 15.) On the day stated the two prisoners were in Hoxton-Carland had a brown silk guard, and gave charge of M'Gra—it exactly answered the description of the guard given by the prosecutor's wife—I examined M'Gra—he had a small piece of foreign coin in his possession, and Carland had the guard in his band, showing me—it was a brown silk guard, and the foreign coin seemed to me to be a Spanish foreign piece—it had a hole in it.
M'Gra. Q. Did Carland give me in charge? A. He did not in the first instance, but he did afterwards.
Carland. Q. Will you swear that the guard was in my possession? A. Yes.
CARLAND— GUILTY . Aged 28.
M'GRA— GUILTY . Aged 29.
Transported for Seven Years.
WILLIAM HENRY COLLINGS . I am landlord of the Sugar Loaf, in King-street, Drury-lane. The prisoner was not in my service—he acted as agent to me—it was his duty to collect money for me-if he received 4s. 4d. on the 18th of April he has not paid me.
Cross-examined by MR. JONES. Q. Had you employed him before to collect debts for you? A. He was not to apply for the debts in the first instance—he was to take out two summonses, and I gave him the money—I did not tell him to apply to Perry man and Tweedale—he did not tell me he had applied to them—I gave him 2s. 8d. to summon them-Perryman lived in Wigmore-street—the prisoner told me he knew where Tweedale lived—I have heard it was in Little Compton-street—the prisoner told me that was not within the bounds of the jurisdiction of the Westminster Court of Requests—that he knew exactly the bounds, and had ascertained it was in Red Lion-street—I have not since ascertained that it was in Westminster—after that Tweedale moved to the street I live in, and then I summoned him to the Westminster
Court—I was to allow the prisoner a commission—he took out some summonses once before for me, and I gave him a commission—I was to allow him a shilling in the pound on these-upon my oath, I did not tell him to take out the summonses and deduct the amount from the debt—I never asked him to pay me this money—he went away—he had money twice of me—I never authorised him to receive the money without a summons—I forbade him to do it.
FREDERICK BROWN . I am one of the clerks in the County Court Office in Kingsgate-street. I did not issue summonses against; Perryman and Tweedale in January last—I have not looked in April—I have not received any money from Hurren for them—I have searched the books twice, and have no such name.
NOT GUILTY .
THOMAS CHAPMAN (police-sergeant F 20.) I was on duty and saw Drew put his hand into a gentleman's pocket and take nothing out—then Mr. Arthur came up with a lady—I saw Drew take this yellow handkerchief out of his pocket and put it up his waistcoat-Murch was covering him to keep the public from seeing him—I had seen them together for twenty minutes before—I had seen them speak.
Cross-examined by MR. PHILLIPS. Q. How near was Murch to the other? A. He touched him-Drew was taking the handkerchief—I touched both prisoners—I was in plain clothes.
THOMAS POCOCK (police-constable F 88.) On the 16th of August I was on duty in plain clothes—it was the day the Queen went to the House of Lords—I saw Drew drop a handkerchief from his hand, and the other prisoner was covering him—I had seen the prisoners in deep conversation.
Cross-examined. Q. Did you tell the Magistrate that you saw them in deep conversation? A. Yes, what I said was written down, but I do not see that in this deposition—(looking at it.)
Drew's Defence. I never touched the handkerchief, nor saw it till the policeman took it up.
(Drew received a good character.)
DREW— GUILTY . Aged 25.— Confined Six Months.
MURCH— NOT GUILTY .
CHARLES CATES . I left London on the night of the 21st of July, between 11 and 12 o'clock, to go to Ponders-end—I got up behind a wagon at Stamford-hill-when I had rode a little, the prisoner came, and stole a hat off my head—I got down and tried to lay hold of him—he ran along a foot-path, and down a court-a gentleman came out with a light, and I saw the prisoner—I could not keep hold of him—I went back to the wagoner, and walked with him to the Angel, at Edmonton—there we saw the Policeman, and told him—we came back a little way—he told me to wait
till the morning—I went in the morning to the Three Tuns, at Edmonton, and there I saw the prisoner—I am positive he is the man.
Cross-examined by MR. CLARKSON. Q. Is the wagoner here? A. No—I had never seen the prisoner before—I lost my hat at Tottenham, not far from Edmonton—I found the prisoner in the tap-room—he had got a cap on.
NELSON SMITH (police-sergeant E 5.) I went with the prosecutor the next morning, and the prisoner was sitting in the tap-room—the lad pointad out the prisoner to me—he was positive that was the man, and so was I.
NOT GUILTY .
1914. HENRY SMITH was indicted for stealing, on the 2nd of August, 1 watch value 3l.; 2 handkerchiefs, value 5s.; I cravat, value 1s., I stock, value 6d.; 9 shillings and 2 sixpences; the goods and monies of Edward Follett; to which he pleaded
GUILTY . Aged 19.— Confined Three Months.
ELIZA MASTERS . I am single, and live in Frederick-street, Connaught-square. I lost these things on the 10th of May—the prisoner was my cook—she left me on the 7th of August-when she was taken the duplicates were found on her.
WILLIAM BRYAN , I am shopman to William Gofton, a pawnbroker, at No. 12, Gilbert-street. I produce the towel and shift which were pledged by some person in the name of Ann Dean—the gown on the 9th of July, the towel on the 10th of May—I cannot say it was the prisoner.
Prisoner's Defence. About five or six weeks ago, Capt. Oliver came to sleep with Miss Masters, and he desired to be called up at five o'clock in the morning—I called him, and when he was gone, there were two girls she used to keep, and she told me to go and call them-when they went into her bed-room she said, "You should put on two clean shifts," and they both said the linen was not come home, they could not put them on-Miss Masters then said, "Then,-go to the cupboard, and I shall give you all clean shifts"—the girls got into bed, and she said she would give me another one, not these fine ones, then she told me to go down and get the breakfast, and sixpenny worth of gin—this shift was promised to me—I had not been discharged-a French woman came, and sbeengaged her—she gave me 1s. 6d. and told me to go and get a furnished room—I have been ill used by her—I have made money of my own clothes to get things for her—the shift was not pledged alone, and when ladies have not got money, the servants are forced to make many a shilling.
ELIZA MASTERS re-examined. I did not give her this shift, or towel—she had notice to leave me a fortnight before—I took her up the day after she left, for stealing 16s. 6d.—I have weekly bills from my tradesmen—she might have done this when I have been at Windsor, but I cannot tell—I was at Peascod-street. Windsor, on the 10th of May.
NOT GUILTY .
ROBERT ENNEVER . I am a milkman, and live in Nutford-place, Edge-ware-road. The prosecutrix deals with me for milk—I have received 16s. 6d. since-Miss Masters spoke to me herself about it—I go there every day—I went on the 7th of August—I left my bill on the morning of the 6th—I went on the 8th, but I did not ask for the money—I was then called up to High-street office.
ELIZA MASTERS re-examined. I gave the money to the prisoner on Sunday, and desired her to pay on Monday—on Monday I asked her for the bill—she said she bad paid the money, and the receipt would be sent the then left me—she had had a fortnight's notice—I sent her on Saturday with a sovereign to the baker's—I went to pay the remainder of the bill on Monday morning—they said she had not paid the sovereign—she came home on Monday evening very tipsy, to fetch her things—I asked her what she had done with the money—she said she had lost the sovereign, and spent the 16s. 6d.
Prisoner. I never was out of the house on Monday—it was a very wet.
LOUISA CROMER . I am laundress to Miss Masters. I was at her house on Monday—the prisoner was there—she was drunk—I saw Miss Masters give her a sovereign on Saturday night, when she was going out, and on Monday morning she gave her 16s. 6d.—the prisoner went out, and came home drunk-when she came for her things, Miss Masters went to the kitchen, and asked what she had done with the sovereign—she said the had paid it, then she said she had lost it—Miss Masters then said, "The 16s. 6d.?" she said, "I have spent half of that"—I do not know what she had done with the other.
Prisoner. On Monday I went out no further than to get things for dinner—on the Tuesday when I came, all my things were bundled out of the drawers, and I said I had put the sovereign in the drawer to pay it.
JAMES M'REATH (police-constable T 69.) I was called to the prosecutrix's—I saw the prisoner, and she said she had lost the sovereign, and was in company with a soldier who took the 16s. 6d. out of her hand.
GUILTY . *Aged 54.— Transported for Seven Years.
1917. GEORGE SMITH was indicted for stealing, on the 25th of July, I trowel, value 2s. 6d.; I hammer, value 1s. 6d.; the goods of John Collins: and I hammer, value 2s. 3d., the goods of George Collins.
GEORGE COLLINS . I live at Battle-bridge, and I am a plasterer—on the 25th of July, I was at work in the Fulham-road—on the 26th I went to work and missed a hammer of mine, and a trowel and hammer of my father's, John Collins—the prisoner worked there with us.
who took in the other things, attended and gave them up, but could not identify the prisoner.
Witnesses for the Defence.
JAMES HAYWOOD . I live in Oakum-street, Chelsea-common. I was in the prisoner's company from eight till near eleven o'clock, and I saw him go up stairs to go to bed—he was not out of the house till between eight and nine o'clock—the next morning some person called him.
Prisoner's Defence. I was going with another young man into the country—he had a basket on his back—I left him at Gravesend on the 27th, and I pawned the trowel which he gave me in coming home.
GUILTY . Aged 21.— Confined Three Months.
Fifth Jury, before Mr. Sergeant Arabin.
THOMAS SMITH . I am in the Tenth Hussars. I am valet and groom to Mr. Henry Frederick Bonham, who is a captain in that regiment—he was quartered at Derby—I packed up his clothes and things—I put the watch into his portmanteau, with his shirts, waistcoats, and hand-kerchiefs, about the 14th of June—the trunk was to go by a baggage-cart, which was to go to Hounslow—it arrived at Hounslow, on or about the 22nd, I should think; the portmanteau I put the watch into was locked, and buckled with three buckles—I had the key—I am sure I locked it—when it arrived it was at an inn in the town—it was fastened down except the rivet which fastened the catch in the lock, but I could not tell that till I opened the strap over the lock—on opening it I missed the watch out of the sleeve of his pelisse—this is it—(looking at it)—I know it to be my master's—the prisoner belongs to the regiment, and was assisting me on the road—I did not go with the cart—I had to attend my master and to do the horses, and he assisted me-at Watford my master wished me to come on to London to get him a bed, and the prisoner was left to see those things put on the cart—I came to town with two of my master's horses—he was at Watford on or about the 22nd of June—I cannot say what time he had the loading of the goods into the cart, it was after I left Watford—I left at six o'clock in the morning.
Cross-examined by MR. PHILLIPS. Q. Had you occasion to open that portmanteau to get a shirt for your master? A. I had, the night previous to my leaving him-two men were in the room, named Hood and Burrell—they are both soldiers—the watch happened to roll out—it was accidental-neither Hood nor Burrell are here-Burrell was taken up for stealing this watch—I cannot tell what character he bears—he belongs to one troop, and I to another—I have heard since that he bears a bad character-he
was not suspected till I mentioned that he was in the room—he was the first roan that was taken up—he was taken up in about an hour and a half after I missed the watch, and was discharged from that arrest in about an hour-when he was taken up I was not there-Hood was not taken up at all—I have since heard from our own sergeant-major and others that the prisoner bears a bad character.
WILLIAM BRYMER PYATT . I am foreman to Mr. Russell, a pawn-broker, of Coles-row, Westminster-bridge-road. This watch was pawned with me, by the prisoner, on the 17th of July last, in the name of Henry Norton—he said he was a lodger at the Adam and Eve public-house, Tothill-street—I have no doubt he is the same person.
Cross-examined. Q. Had you ever seen him before? A. No—it was candle-light—it was about eight o'clock—there were other customers at the time—there were two others serving—the prisoner did not come in sight of the other shopman or my master at all—it might have been twilight—I do not recollect whether the gas was on or not—I believe Croydon is ten or eleven miles from my master's shop, which is close to Astley's Theatre, in the Westminster-bridge-road—the prisoner was in fall uniform.
JOHN FENN . I am a sergeant in the Tenth Hussars. I missed some money in the Kensington barracks, some time ago—I was searching the stall of the prisoner's horse, and a private, named Stevenson, who was with me, found the seals belonging to Captain Bonham's watch—these are them—(probeing them)—I then took the prisoner into custody, and searched him—I found five sovereigns, and 5s. 4d. on him—on the 29th of July.
Cross-examined. Q. Had he been in Croydon from the time the watch was missed until you found these seals? A. It is impossible for me to tell that—he had a pass for Croydon—the stall I searched was at the barracks, at Kensington—that was accessible to the soldiers, but his horse stood there-other soldiers had been in the stall—I remember Burrell being taken up—I cannot say exactly how many soldiers had access to that stall—there might be one or two more, but only his horse stood there—the whole troop had access to it—I was examined before the Magistrate—I do not know whether my examination was taken down—I was not sworn—the prisoner was present when I was examined—I cannot exactly say whether it was read over to me.
— STEVENSON. I am a private in the same regiment—I was called on by Sergeant Fenn to assist in searching the stall where the prisoner's horse stood, and I found the seals, and the ring attached to them.
Cross-examined. Q. Was that stall accessible to the other soldiers? A. It was as free for one as for another—the prisoner occupied it then.
MR. PHILLIPS called
JAMES MARTIN . I am an Ostler at the Dog and Bull, at Croydon. I saw the prisoner on the evening of the 17th of July—he left me about half-past eight o'clock that evening—I am sure it was after eight, because I had carried out the eight o'clock beer-Croydon is about ten miles or father better from town—I had been about an hour and a half that evening in his company, at Croydon—it was the bean-feast.
COURT. Q. Can you give any particular reason why you remember
the day? A. Yes, it was the day after the club-feast—the prisoner was not billetted with us—he called to see me before he went home—I have known him twenty years—he was bred and born at Westerham, in Kent—the 17th was on Tuesday.
JAMES STAPLES . I am the prisoner's brother. I slept with him on the 16th of July, at Croydon, at his mother's house—I left Croydon on the morning of the 17th, and left my brother behind me, at my mother's home—he had come there the night previous.
EMMERY STRETON . I am a friend of the prisoner's mother, and live at the Old Town, Croydon—I remember the 17th of July, the day of the club-feast—I saw the prisoner several times that day, at Croydon-first before breakfast—the last time was half-past six in the evening-upon my oath that is the fact—he had been away a long time, and had got a pass to Croydon.
GEORGE GRIFFITHS . I am sergeant in the first regiment of Grenadier Guards—I saw the prisoner two or three times on the 17th of July, at Croydon Barracks—I cannot say whether it was the 16th or 17th—it was either the Monday or the Tuesday-between twelve and one o'clock—I spoke to him—I did not see the least flurry or agitation about him.
JURY to JOHN FENN. Q. What sort of a man is Burrell? A. He is much thinner than the prisoner, and older—he wears mustachios, and dresses like the prisoner-Burrell was at Hounslow the whole of that day—I gave the pass to the prisoner on the 16th—we were ordered to go to Hounslow on the 17th.
NOT GUILTY .
(The prisoner being deaf and dumb, had the evidence communicated to him.)
JOHN BARNARD . I am a carrier from Brimley, in Surrey, to the Rose Inn, Smithfield. On Thursday evening, the 2nd of August, I stopped at the White Bear, Hounslow—I put up my horses, and left my cart in the yard—it had three cheeses in it, which were safe when I went to bed—I was called at half-past one o'clock, and at two I missed one of the cheeses—it was found about eleven o'clock the same morning—the patrol stopped the prisoner with it—I had never seen the prisoner but once before—this is it—(looking at it.)
WILLIAM BASSETT . I am a patrol. On that Thursday night, about eleven o'clock, I saw the prisoner against the ninth mile-stone, on the Hounslow-road, carrying this cheese—I stopped him—he pointed up to heaven and shook his head, and went on.
Prisoner (through an interpreter.) I was carrying the cheese to a public-house for a man, who offered me 6d. to carry it.
GUILTY . Aged 21.— Confined One Month.
THOMAS BRIGDEN . I am a gardener, and live at Hendon. On the 12th of August I was coming from Hendon about twelve o'clock at night—I saw the prisoner in High-street, Hampstead—he was a stranger to me—he asked me where I was going—I said I was going to London, through Portland-town—he said, "I am going to St. John's Wood, and we will walk together"—I said, "That is as you please"—he said, "We may as well have some beer first"—I said, "No; the houses are all shut up"—he said, "Here is a light here, we can get some"—I said, "No; it is a private house"—we came out of the town, and in going along by the second field, he said, "I have often heard of people being robbed, what money have you got about you?"—I said, "Five or six shillings"-"Pull it out," he said, and "I shall see what you have got"—I did so, and he caught my fingers with his left hand, and took the money out with his right—I asked him to give it me again—he said no; he should not till he came to St. John's Wood, and then he should know that I had got it—when we got near St. John's Wood, through the toll-bar gate, I asked him again—he said he would not give it me—he made a start, and went to get over agate—I caught him—he fell over into the field, and before I could get over, he was up and gone—I called "Police"-a policeman came up, and I told him I had been robbed by a soldier, who had gone across the field—the policeman said, "I will go over into the field, and you go to the bottom of this road, where you will see another policeman, and tell him to stop there"—I went on, and as I did not see a policeman for a few minutes, I laid down under the wall—I saw the prisoner come by me, and go up a turning which had no thoroughfare—he turned back and went on the road—I followed him till we came to a policeman, and gave him in charge—I am satisfied he is the same man.
Prisoner. When I met with you in Hampstead, you were with some men at a public-house door, and you said, "Soldier, come here and have something to drink"-and I went to you-you gave me your money.
Witness. I did not ask him to drink—there was no beer to be got—the buses were all shut up—I never gave him my money.
PHILIP STEPHENS (police-constable S 200.) I was on duty in Abbey-road, Hampstead, that Sunday night about twelve o'clock. I met the prisoner and the prosecutor—the prisoner was thirty yards in advance of the prosecutor-when the prosecutor came up he said, "I give that soldier in charge for robbing me"-at that time the soldier was running, and he took a turning to the right—I pursued him about two hundred yards, and took him—I asked him if he had robbed the man—he said he certainly took some money from him, but by his permission—he said he had spent all the money but one shilling which he had in his hand—I searched him, and found these two half-crowns in his coat pocket behind.
Prisoner. I did not run till I heard him give me in charge—he was very drunk. Witness. The prosecutor was not drunk.
GUILTY . Aged 28.— Transported for Ten Years.
ARTHUR BRIGDEN . I am errand-boy to Mr. Thomas Mitchell, of Great Turnstile—he is a tailor. On the 31st of July, between nine and ten o'clock in the evening, I saw the prisoner take this shooting-jacket off a block in the doorway—he took it along the ground, and walked away with it—I ran after him, and called, "Stop thief"—I snatched the jacket from him—I caught hold of his coat, and somebody else caught his hand.
THOMAS MITCHELL . I am owner of this shop. This is my jacket—I do not know the prisoner—I was in another part of my shop, talking to my landlord at the door, and my boy said, "That is the man that took the coat"—I followed him through Titchbourne-court, which is about twenty yards from my shop—there was not a soul in the court but him—I never lost sight of him—there was a man at the extremity of the court, ready to knock him down-by the time I got to tbeend of the court, he was stopped.
Prisoner. He said that the boy said there were three of us at the window, and that it was passed from one to the other. Witness. The boy stated there were three together, and one of them struck him on the hand, to try to get the coat from him, but he held it too tight.
GUILTY .* Aged 23.— Transported for Seven Years.
OLD COURT.—Saturday, August 25th, 1838.
Second Jury, before Mr. Sergeant Arabin.
1922. EDWARD WADHAM LAWSON was indicted for forging, on the 26th of July, at St. Swithin, London-stone, a certain order for the payment of £25, with intent to defraud James Thomas De La Salie.-2nd COUNT, for uttering the same; to which he pleaded
GUILTY .— Transported for Seven Years.
1923. GEORGE KITCHIMER was indicted for a robbery on Sarah Wiggins, on the 14th of July, putting her in fear, and taking from her person and against her will a half-crown, the monies of Samuel Wiggins; and at the time of the said robbery striking and beating her.
SARAH WIGGINS . I am the wife of Samuel Wiggins, a tailor, and live in Peartree-street, Goswell-street. On the 12th of July, two days before this happened, I had lent one Morris a half-crown—on Saturday evening, at a quarter-past ten o'clock, Morris sent for me to the public-house, opposite our house—I went over to him, and he paid me the half-crown—I was quite sober—the prisoner came in about half an hour after I went in—I had been talking to Morris, his brother, and his brother's wife—the prisoner was quite a stranger—he came into the house with a pint of porter in his hand, and dashed it on the table-part of it went into my lap—I had a half-crown in my hand—I looked round at the prisoner, and rose out of the chair to shake the beer out of my lap—he said, "You b-w-, what do you here?"—he laid hold of my arm, and threw me out of my
chair on the floor—he then picked me up—he pinched my arm so that the skin was off it, and he got my money out of my hand-directly I got up, I asked him for my money—he said, "You b—cow, I will give it to you"—he then took me up, laid hold of me, dragged me to the door, threw me out into the street, and kicked me in the back—I got up, went to the door, and asked him for my money—he stood, with the handle of the door in his hand—he called me a cow, and struck me twice on the head—I had several marks where he struck me—I gave him into custody—the half-crown has not been found.
Cross-examined by MR. HORRY. Q. Did you give him into custody directly? A. After he threw me into the street, and kicked me—I was at the public-house an hour before the prisoner came in—we had a pint of ale among four of us, and a quartern of gin—I believe the prisoner was drunk—I never told anybody he was drunk when he came in-Morris and his brother did not interfere to protect me, nor did the bar-man-nobody offered to interfere—I went home directly, and fetched my husband—I was not gone two minutes—I left the prisoner inside the house while I fetched my husband—I had the half-crown in my hand, and my hand was shut—the prisoner threw me out of the chair, and while on the floor he wrenched my wrist, and took it—I kept my hand close till he got me on the floor—he had seen me lay the half-crown on the table before—I did not fall out of the chair—I was thrown out—he twisted his legs round mine as I sat in the chair.
JOSEPH MORRIS . I am a chair-maker. I had borrowed a half-crown of Mrs. Wiggins, and sent for her on Saturday evening to pay her—she came over at half-past nine o'clock, and I paid her—my brother's wife came in, and we had something to drink—Mrs. Wiggins was sober—the prisoner came in at a quarter-past ten o'clock—he worked about the neighbourhood, but was no acquaintance of mine—he brought a pint of beer from the front of the bar into the tap-room, dashed it on the table, and said, "Well, Ma'am, what do you do here?"—she said, "What is that to you?"—he said, "You w-, I will let you see presently"—she said, "Will you?"—he said, "Yes"—he went to the other end of the room, took a chair, brought it across, put it down, put his legs between hers, threw her down, he took her up, and flung her right out on the curb-if she had pitched on her head, she must have been killed—she got up, and asked him to give her her half-crown—he said, "I shall not give it to you; if you come near me I will do for you"—I did not see him strike her then, as the door was in his hand, and it opened in our faces—she ran home and brought her husband—the policeman was behind her husband when he came in-to prisoner then off with his jacket and waistcoat, and said, "You see what I mean, I mean fighting, and I am the one for you"—the prosecutrix did not complain of being pinched till she was before the Magistrate.
Cross-examined. Q. Were you so situated and so sober as to hear every thing that took place? A. I had had half a pint of beer before I got there—I heard all that passed—I did not interfere, because I did not know whether they were man and wife or not—I had not seen her for thirteen or fourteen years till within two years, and did not know whether she was married—I live in John's-row, about a quarter of a mile from her—I never went to her house—we had had one pint of beer and four pennyworth of gin-and-water among three of us—she came in at half-past nine o'clock, and staid about three quarters of an hour, I suppose—she went and fetched her
husband—she was gone about a minute or a minute and a half—the prisoner seemed very much in liquor.
HENRY WHITNEY . I am a policeman. I went to the public-house, and took the prisoner—he was charged with robbing the prosecutrix of half-a-crown—I searched him, and found nothing on him but a few halfpence.
Cross-examined. Q. Had he been drinking? A. He had—he was not drunk—he told me he did not take the half-crown, but he knew who did take it—the prosecutrix was sober.
GUILTY of an assault only. Aged 32.— Confined Six Months.
1924. WILLIAM GOOK was indicted for a robbery on William Henry Franquinet, on the 13th of July, at St. Margaret, Westminster, putting him in fear, and taking from his person and against his will 1 card case, value 1s.; 3 keys, value 3s.; 1 half-crown; 1 shilling; and sixpence, his monies and property; and immediately before and at the time of the said robbery, beating, striking, and using other personal violence to him; to which he pleaded
GUILTY . Aged 20.—Recommended to mercy by the prosecutor.
Transported for Fifteen Years.
Before Mr. Justice Bosanquet.
MR. ADOLPHUS conducted the Prosecution.
MARY CONNER . I am the wife of Edmund Conner, and live in Tindal's-buildings, Gray's-inn-lane—I know the prisoner, and knew his wife Mary Moore—I saw her about one o'clock the day she died—she was not then in good health—she was brought home in a cab in a fit on the Thursday—I saw her in bed about seven o'clock in the afternoon—I saw no wound about her head or any where at that time—she died on the Friday week following, nine days after—I saw her on the Tuesday after she was brought home—she was then free from any wound—she was ill in bed, but could not speak—she appeared sensible—I saw her again on the Thursday night, and she was much in the same way-quite sensible, but could not speak—I went to see her between twelve and one o'clock on the Friday, and she was in a dying state—there was no alteration in her appearance then, but I consider she was dying—I never looked at her head—I afterwards saw her data—I saw the prisoner in the room two or three nights, I believe, when I went to see her-to the best of my belief I saw him two nights—I know I saw him there once.
Cross-examined by MR. PRENDERGAST. Q. Was she always a sober woman, or sometimes given to drink? A. She was sometimes given to drink—I did not see her brought home, nor see her in a fit, but I was informed she was in a fit—I do not know whether she was subject to fits—I have known her four years.
BRIDGET COURTENAY . I am the wife of Jeremiah Courtenay, and live in Bell-court, Gray's-inn-lane. I knew Mrs. Moore seven or eight years—she had generally good health, from what I saw—she used to be in the milk trade, and sometimes sold milk about the streets—she was not subject to fits, that I saw, till the day she got the fit in the street—she was
fond of a drop, and got tipsy sometimes—I lived in the same room with her—one Thursday, my boy came and told me something about a cab, and her husband brought her up into my room, as I understood, out of the cab—she was in a fit—she was working her feet and hands together—she had been bled before she was brought home—I saw her arm bandaged-her husband went for Mr. Owen—I did not notice any appearance about her cap then—on the Tuesday after, I observed some corruption in her cap—it looked like blood—she died on the Friday week—she kept her bed all the time after she was brought home, and I never heard her speak a word—I cannot tell whether she was drunk or sober when she was brought home, as she was in a fit—the prisoner was at home during the time—he was but two or three days at work while she was ill—he was as good a husband to a wife as ever came into a house, from what I saw—the deceased grumbled hard at her head, which was very bad—I saw it on the Tuesday after she had the accident, and it was very sore indeed—it seemed to me to be cut—that was the Tuesday before she was brought home in a cab—she said her husband was rowing at the Goat, in Tash-court, with a man named Sullivan, and that she came between her husband and Sullivan, and Sullivan struck her—she did not mention where—she did not say that at the time I was looking at the cut in her head—she mentioned about the row on Sunday night, and on Tuesday showed me her head—she did not say that was the blow Sullivan had given her—she kept her milk-place from Monday, after she had received the wound, till the Thursday when she was brought home in the cab—she lost the use of her arms and side altogether when she had the fit, and her speech also—I knew she was living away from her husband—she slept three nights in my place before her husband came—that was the week before she got the blow—the very night she got the blow, they came and lived together again, and did so till she died, in the same room with me—I did not see or hear any blows in my place, but I heard them blowing Margaret M'Carthy up—during the time they were separated, the prisoner lodged in Fox-court, where his wife came from, and she lodged in my room.
Cross-examined. Q. During her illness did you see him putting poultices to her, and attending her carefully? A. Yes, he was as careful as he could be—I heard something about her having another row with Jeremiah M'Carthy—she told me she had had a great row with Conner—she told me that on the very day she had the row with Sullivan—she said that Conner got the upper hand of her, and beat her well, and that the quarrel was something about the pattern of a gown.
MARY COURTENAY . I am the daughter of Jeremiah and Bridget Courtenay, and am thirteen years old. I slept in the same room with the prisoner and his wife, at the foot of my mother's bed—on the Sunday before the deceased was brought home in the fit, I heard a great noise in the night, and I got up and sat on my bed—I heard Mrs. Moore crying—she did not say who struck her, nor did I see her cut, or hear any noise of blows given—he told her to get up, and get his trowsers, and she would not—he stamped on the ground and said, "Get up"—she said, "I will get up, and go any where with you, if you will give me time"—she got up, and sat on the stool by the fire-place, and he got up, and sat with her—she had a baby in her arms, and he was playing with it—she told me on the Sunday night before this that she had been struck at the Goat—she did not mention, who struck her—I did not see the cut in her head till the Monday afternoon, when M'Carthy was there, washing it, and cutting the hair off-her
husband was out then-M'Carthy poulticed the wound with bread and water—I often saw the prisoner assist in doing so—I never heard her say to him, "Oh Harry, you did this to me,"or charge him with giving her the wound in the head—on the Sunday night, when I was awoke out of my sleep, there was something occurred about wanting a light—there was no struggle between them, or any cry of "Murder"—they were both very drunk indeed.
Cross-examined. Q. Did she tell you how it was she was struck at the Goat? A. It was because another man and her husband were quarreling, and she went to take her husband's part—the parlour-door was shut, and nobody could see who hit her, and who did not—I do not remember her saying any thing about Sullivan.
MARY CAREY . I am a widow, and live in Harrow-road, Paddington. I have a daughter, named Caroline Cook, who keeps a dairy at King's-cross—the deceased used to carry out milk for her—she was a very healthy woman, nothing ever ailed her—I never saw her husband in my life—on Monday morning, the 18th, I was keeping my daughter's house, and the deceased showed me the wound on her head—she was not well then—she said she was so ill she could not do her work—I did not conceive she was dying—she came again the following day, but got worse and worse, and was obliged to go to bed between her walks—she could not count her money, or give any account of her milk—I was in the house when she was brought home in a fit, and I sent for the doctor and had her bled—he advised her to be put to bed, and her feet to be put in warm water and mustard poultices—I could not do that, and sent her home in a cab—I did not see her any more after that.
NOT GUILTY .
Before Mr. Justice Coltman.
1926. GEORGE BUNNEY was indicted for stealing, on the 26th of July, at Hackney, 1 purse, value 1s.; 10 sovereigns, and 9 shillings, the goods and monies of John Castle Grant, his master, in his dwelling-house.
JOHN CASTLE GRANT . I live at Stamford-hill, in the parish of St. John, at Hackney—the prisoner has been in my service rather more than six months. On Thursday morning, the 26th of July, he came into my bed-room, about a quarter past seven o'clock, as was his practice, and asked me what time I should like to have some water—I said, "In about a quarter of an hour"—he went away, and I believe I fell asleep, for I did not hear him come into the room again, although I saw the water standing on the washing-stand about a quarter before eight o'clock—I got up immediately, put on my things, went to the dressing-table where I usually put my things out of my pocket at night, and missed my purse, which I believe was there when I went to bed-all my other things were there—I cannot be certain I put it there the night before, though I have no doubt of it, or I should have missed it with the other things I took out, it being my regular practice to empty my pockets before I go to bed—I know I had it in my pocket about the middle of the previous day—I recollect seeing it and putting it into my pocket—I rang the bell on missing it, expecting the prisoner to come up, but the female servant came in—I found he had quitted the house, and I did not see him again till the Monday following, when he was in custody—he never returned to the house—there was about
a month's wages due to him—I have not seen my money since—the purse contained ten sovereigns and nine shillings.
ROBERT BRODIE . I am a policeman. I apprehended the prisoner on Sunday, the 29th of July—he was selling his waistcoat, which aroused my suspicion—I put several questions to him, which he did not answer satisfactorily, and I took him into custody, and took him to the station-house—he gave the name of John Arnold—I took him to Spitalfields, where he said his aunt lived, and found his name was George Bunney—I did not know he was wanted then, but I learnt that he lived with Colonel Grant, and took him to his house, and found there was a charge against him—he was given into my charge for stealing the purse and money—I used neither threat nor promise to him-in coming along the road he said, "I will tell you the truth about it, it was a green silk purse, I took it, and a man took it away from me in Shoreditch."
GUILTY . Aged 14.—Recommended to mercy by the Prosecutor and Jury.
Confined Twelve Months.
Before Mr. Justice Coleridge.
1927. EDWARD KISSACK was indicted for feloniously forging, on the 12th of July, a certain bill of Exchange for 75l., with intent to defraud William Masterman and others.-2nd COUNT, for feloniously uttering, disposing of, and putting off the same.-3rd and 4th COUNTS, stating his intent to be to defraud James Holmes and others.-Other COUNTS, calling the forged instrument an order for the payment of money.
MESSRS. BODKIN. and DOANE. conducted the Prosecution.
ANN ROUGH . I keep the Bell Tavern, Bell-yard, Gracechurch-street. On the 12th of July the prisoner came to my house, between three and four o'clock, as near as I can tell, and asked for the parlour—he was shown into the parlour—he asked for a pint of beer, which he had—he then asked if we had an ordinary—I said it was over—he had some refreshment, and after that, as his cloth was being cleared away, he asked if I knew of a respectable young man to go with a bill—I went and informed my son, and when my son came in, I said, "This child is my son, he will go for yon"—he said, "It is to go to Mr. Masterman's, the banker's"-when I heard the name of Masterman, Mr. Rough knew him so well, I did not hesitate about his going—I said to my son, "John, the gentleman wants you to take a bill to Masterman's, do you know where it is?"—he said "Yes"—the prisoner said, "You are to bring me back 75l. "—I said, "John, mind what you are about, for you are going to receive money"-. he gave him a letter, asked for pen and ink, and wrote his name on a card, and my son went, taking the card and the letter—after he was gone the prisoner asked me if I had a back yard—I told him no—he went up stairs, returned down again, went to the door, returned, and said, "I want to go about forty paces, and if your son returns before I do, I leave you in care of the money"—he then left the house—my son returned while he was out—he came into the yard about seven o'clock in the evening—my son saw him, and they both came into the house together, and shortly after he was taken into custody.
Cross-examined by MR. ESPINASSE. Q. This as on the 12th of July? A. I think it was.
banker's, with this letter and card—(looking at them)—I went straight to Masterman's, and presented this letter and card to a gentleman in the country office—the prisoner did not tell me to go to any office, but that was the office straight forwards—some questions were asked me by a gentleman there, and I came away without any money-when I got back the prisoner was gone—I saw him again about six or seven o'clock in the yard—he came up to me, touched me on the shoulder, and asked whether I had got the money—I told him to come in doors with me—I had been told what to do if I saw him—he came in with me—I did not tell him any thing that had happened at the banking-house—he was afterwards taken into custody.
GEORGE FAIRBANKS . I am one of the clerks at Messrs. Masterman's banking-house, there are six partners. Mr. William Masterman is the principal—on the 12th of July the last witness came to the banking-house, and presented this bill—it was wafered, and directed to the house-being so, I handed it to Mr. Peile, who sat near me, with the card, and he opened it in my presence.
JOSEPH PEILE . I am principal corresponding clerk in the country office at Messrs. Masterman's. Mr. Fairbanks showed me that letter and card—on opening it I declined paying it, being convinced at once that it was a forgery—I made some inquiries of the little boy—the firm of James Holmes and Son, of Douglas, Isle of Man Bank, have an account with us.
JAMES HOLMES . I am a banker, in the Isle of Man. James Holmes and Son is the firm—there are two other share-banks there, but no other back of the name of Holmes on the island—(looking at the forged instrument)—this is not my writing-Idid not know any thing of it till I saw it at the Mansion House—there is a person named Kissack in the Isle of Man—he is a diffirent person to the prisoner—I did not know the prisoner at all—there are several brothers named Kissack in Douglas—I do not know their Christian names—the prisoner is not any one of them—I received this envelope and these three letters (Nos. 1, 2, and 3,) from one of the Kissack's at Douglas—he brought them to me-and this letter, (No. 4,) addressed to myself I received in the course of post.
ROMAL ALPHONSUS MALLAM . I know the prisoner—I have seen him write—I believe these three letters (1, 2, and 3,) to be his hand-writing—I find some small writing on this envelope, which I recognise and believe to be his—the large round hand I cannot recognise—I believe this other letter (No. 4) also to be his.
COURT. Q. How long have you known the prisoner? A. He came to me about the middle of April, 1837, I believe, two days after Good Friday, with a letter of introduction, from a young man I was acquainted with in Leeds—I was then living at Huddersfield—he remained in Huddersfield, I believe, for three or four months—after that he went on a journey of pleasure, as he told me, to the Isle of Man-and as we had been rather intimate during the time we had lived together in the same town, he wrote to me from the Isle of Man, which letter I received, but did not answer-shortly after his return from the Isle of Man he went to Newark, from which place I also received two or three letters from him; consequently, I am well able to judge of his hand-writing.
(The bill and letters were here read as follows:-)
"Douglas, Isle of Man Bank, July 1st, 1838.
"Due July 23rd.
"Twenty-one days after date, pay to our order, to Edward Kissack or
bearer, the sum of seventy-five pounds sterling, for value received.
"JAMES HOLMES AND CO.
"Payable at Messrs. Masterman and Co."
(Under this order upon the same sheet of paper was written as follows:-)
"Messrs. Masterman, Peters, and Co. Gentlemen-You will greatly oblige by cashing the above bill that I have given to Edward Kissack, he being a highly respectable young man, also native of the Island, and wishing it to be cashed as soon as presented, as he has come upon business, and wishes to return to Douglas as soon as possible. I remain, Gentlemen, yours truly,
"To Mr. J. Richardson, Yorkshire Tavern, Douglas, Isle of Man.
"London, July 13, 1838.
"DEAR FRIEND RICHARDSON-You will be surprised when you read this epistle to find whom it has come from. I arrived safe in London on the 25th of June, where I now am still residing. I hope when you left me at the half-way house that day you arrived safe home. What a jovial spree we had; I never shall forget such a one. I am very glad I have left the island, for of all the places it astonishes all, both for scandal and every thing that is bad. I am not sorry I deceived a few of them, altogether about 50l., and I wish it had been more. I had the pleasure of seeing her most gracious Majesty crowned, and a splendid view it was; all the foreign noblemen, kings, queens, &c., attended her. I could not think of forgetting you after your kindness to me, when I remained a few days with you, although God knows whether I shall ever see you again or not I now hope and trust you will not consider me ungrateful, and you will act according to my request. You will perceive I have enclosed two letters inside this parcel, one directed for Messrs. Masterman and Co., and the other for Mr. Edward Kissack; and immediately you receive them please to go direct to the Douglas Post Office, and put them both in, so that they may be forwarded to London. You will see I have directed them both for London; that will do me a great favour and kindness if you will only do that, and then the parties will receive them by Wednesday or Thursday here. I want them to appear as if they had come from Douglas; so now you know, and you are not far from the post, so that it will be no trouble. Immediately you receive them take them to the post, and if I find you have done according to my wish, which I shall know in the course of a few days by the parties receiving the above letters, I will reward and forward you a remittance of £5 note for yourself. If you only put them in the post they will be sure to come safe to London, and it will be 100l. benefit to me. I must now conclude, and hope you are well. Write me again how you are getting on. I remain to be yours truly, "RICHARD PETTIFAR
"Direct for me at No. 9, Tottenham-place, Tottenham-court-road, London.
"Put them both in the post immediately you receive this parcel, so no delay. You can write to me afterwards."
No. 2 "Douglas, Isle of Man, July 18, 1838. "GENTLEMEN—I received a letter from Mr. E. Kissack, on Tuesday morning, dated the 16th, informing me he was placed in confinement upon a charge of forgery by you, for presenting a bill for 75l., drawn by
me, and made payable at your bank. You will allow me, Gentlemen to inform you that the above order for 75l., is drawn up by me, and was presented by me to his own brother, George Kissack, in Douglas, to be forwarded to him, Edward, in London, dated the 1st of July, and I here declare before you, that it is far from being a forgery; and my opinion is that he is a young man that would not be guilty of any such crime. I am very, very sorry when I heard of this, and I am surprised you would take it upon yourselves to apprehend him so suddenly, without acquainting me with a letter, to know if all is correct or not. I hope, Gentlemen, for the sake of myself, and the respectability of their family, which for the last twenty years me and my brother Henry has been acquainted with them, that you will immediately, after you receive this, go to the Magistrates and get him liberated immediately from that dreadful punishment. It is a matter of impossibility for him to forge such a thing as that. How was he to know that I had any connexion with your bank? You have now detained him a week past the time, he ought to have been at home on Friday last. Consider, he was sent from here to London to transact business for his uncle, Mr. Jackson, who is a wholesale linen-draper, &c. I trust and hope you will most handsomely compensate him for this usage, and I particularly request you will cash him the order for 75l., immediately he is at liberty, and place the same to my account; likewise the charge for discounting you may charge him accordingly. I remain, Gentlemen, yours very truly, "JAMES HOLMES.
"P. S.—As soon as you have got him liberated, and given him the cash for my bill, please to write to me immediately afterwards.
"To Messrs. Masterman, Peters, and Co."
No. 3. "Mr. Edward Kissack. "Douglas, July 17, 1838. "SIR-Yours was duly received on the 15th. lam very sorry, and struck with astonishment when I read the latter end of your letter, and finding you are placed in prison for a charge of forgery, laid against you by Messrs. Masterman and Co., respecting the bill which I myself gave to your brother, for 75l., payable at Messrs. Masterman's bank. You also inform me that they did not cash the above for you when presented. I am afraid you did not go the correct way about it when you presented the above bill to them, or otherwise they would not have objected to it; however, I am pleased you wrote to me, otherwise the consequence might have been serious. This is to give satisfaction to the Lord Mayor of London, and other Magistrates, that I declare the bill for 75l., which you have presented to Messrs. Masterman and Co., is perfectly correct, and my own hand-writing, and can assure all there is no forgery in the case; therefore I beg, after the Lord Mayor and Magistrates have read this, they will liberate you from prison, and compensate you for detaining you so long a time. I have wrote to Messrs. Masterman and Co., likewise, requesting them to pay you the sum of 75l., which should have been done before, and I hope and trust you will immediately afterwards go, and get your business finished, and return here as soon as possible, as your brother is waiting impatiently every day to see you. I remain yours truly, "JAMES HOLMES.
"To Mr. Edward Kissack, Jun., Giltspur-strcet,
"Compter Prison, London."
No. 4. "Giltspur-street Compter, July 30, 38. SIR,—I hope you will excuse me taking the liberty of writing to you, after doing what I have done towards you, in committing so base an action, for forging an order for 75l. upon you, at Messrs. Masterman and Co. I trust and hope you will look over this, as I am very very sorry for what I have done. I am now undergoing a severe punishment of confinement for it, which nearly breaks my heart. I can assure you, Sir, I would not have done it, only necessity compelled me. I could not obtain a situation, as I have tried and tried again, during the time I have been in London, but owing to it being too late in the season for my business, (a linendraper, &c.) is the only cause. I can obtain a most satisfactory reference from my last employer in Huddersfield, Yorkshire, with whom I lived as an assistant for a year and a half; also, I can obtain another one from my employer in Nottingham, whom I served five years with as an apprentice. Let me earnestly beg of you to look over this for my own credit sake, and likewise for my dear mother, who is heart-broken. I am only a fatherless child, and always been brought up respectable and with strict integrity. I was very grieved on Saturday last when I appeared at the Mansion House before his Worship, the Lord Mayor, and found they had received a letter from you, giving me such a bad character; likewise a newspaper from you, with my name published in a paragraph, stating I was a notorious swindler, and had deceived a great many people during the short time I was in Douglas. I can assure you I am quite undeserving of such a character, for I was only in the island for four months, and I always kept myself respectable and steady; I did not wrong only one person in Douglas, and that was only for five pounds, and I gave him security for the amount; and had he behaved in a proper manner to me, as he ought to have done, I would not have left him in debt. It is well known by a great many respectable people in the island, the ill-treatment I received from him. He would not give me time to settle with him, or otherwise I would have been there now. I only regret that ever I visited the place, as the injury it has done me, no person can ascertain like myself, through nothing but their base, slandering tongues. And I trust you will not think me the character that the paper states. I have, fortunately, by me now, the receipts of bills for many pounds that I have paid there, which they accuse me of; and I am innocent. I should have got my discharge on Saturday last, had it not been for the newspaper giving me such a base character. Unfortunately I now have to await my trial, and most likely I shall get transported, and that will break my friends' hearts, as well as my own. Ten thousand pardons do I ask you, and I beg forgiveness. Do be so kind as not to come forward to prosecute me, but write a letter to his Worship, the Lord Mayor of London, begging of him to show mercy towards me, as I will for ever thank you, and pray, for your kindness. This punishment will be a warning to me for my life, and I will for ever after become respectable and gain a honest livelihood. Take pity upon me, if you please, and write to the Mayor of London again, Saturday next, as I am tried that day. I remain your obedient Servant, "EDWARD KISSACK.
"I hope you will write by return of post, to the Lord Mayor, so as he may receive it on Saturday next, which is the day of my trial, begging of him to be merciful to me; and I hope I will get off for a little imprisonment.
My friends have got two highly respectable gentlemen, of London; Sergeant Wilde, M. P., and Charles Pearson, Esq., are the two persons; they have spoken to Messrs. Masterman and Co., as to the respectability of our family; and they, from what I can learn, will forgive me this time providing you do, and I hope you will, if you please, I will promise you never to do the like again.
"James Holmes, Esq., Douglas, Isle of Man."
DANIEL FORRESTER . I am a police officer of the City of London. I took the prisoner into custody at the Bell Tavern—he was taken before the Lord Mayor—he requested time given him to write to his friends, and time was given him.
MR. HOLMES re-examined. This letter purporting to be signed by me (No. 2) I know nothing whatever of—it was not signed by me, or by my authority.
(Charles Pearson, Esq. deposed to the prisoner's good character.)
GUILTY . Aged 20.— Transported for Fourteen Years.
Before Mr. Justice Coltman.
1928. JOHN BROWN and JOHN BURGOYNE were indicted for a robbery on James Stevens, on the 5th of August, at Christ Church, putting him in fear, and taking from his person and against his will, 1 hat, value 3s.; 1 tobacco box, value 4d.; 1 comb, value 4d.; 1 pencil, value 1/2 d.; 1 watch, value 2l. 10s.; 1 watch-chain, value 1s. 6d.; 1 watch key, value 6d.; 1 half-crown, 4 shillings, and 1 sixpence, his goods and monies; and at the time of the said robbery, feloniously striking and beating him.
JAMES STEVENS . I live in Fenchurch-street. On Sunday, the 5th of August, at half-past twelve o'clock at night, I was going home—I had drank a little, but was perfectly sensible—I was the corner of John-street, on my way home—the two prisoners were behind me-Brown came up to me on my left-side—he was a stranger to me—he struck me a blow in the mouth, and as I turned round to see where it came from, he struck me a violent blow on the back of my neck, which knocked me down-as soon as I was down, he commenced rifling ray pockets, and the other man who was with him held me down the while—I cannot swear it was Bergoyne—he was a perfect stranger to me-Brown took from my right-hand pocket a comb and tobacco-box, with two duplicates in it, and from my left-hand breeches pocket a sixpence, four shillings, and one half-crown, and a black lead pencil, and four-pence in halfpence—that was all I had in the pockets-as soon as they had done that there was an old hat drawn right over my face—my own hat fell off when I fell down-Brown ran off with my hat, and the other man ran away with him-no more blows were struck than I have mentioned—they left me on the ground—I got up and saw them running before me—they were about one hundred yards from me—I pursued them, calling "Police," and "Stop thief," which they loudly repealed—I pursued them down the next street, a policeman came round the corner and caught Burgoyne—I was about thirty yards from him then—I had gained on him—I cannot say how far they had run before the policeman caught Burgoyne—they turned up two or three turnings—the policeman gave Burgoyne to me while he pursued after the other, who he caught and brought back to me-when the policeman left me, Burgoyne resisted—he told me to let him go, that he had done nothing—he twisted himself away from me and got on the opposite side of the way—I pursued him again and caught
him-by that time the policeman came up with Brown, and took them both to the station-house-from the effect of the blow I fell into a fit on the road to the station-house, and did not recover for three quarters of an hour—I then found myself in the station-house, and found I had lost my watch—I was not aware of that before I had the fit, and cannot tell when it was taken—I know Burgoyne is the man who was running away, but whether he is the man who robbed me I cannot say-when I missed my watch I immediately went over to Brown and said, "That is the man who has robbed me"—he said something, I could not say what-while I was down and he was rifling my pockets, I saw his head hanging down right over my face, and I recognised him by his red hair as well as his countenance-his face was so close to me I could not be off seeing him—it was a star light night—the street was lighted with gas, but not very well lighted—it was a very dark spot—I was present when the prisoners were searched at the station-house-when the policeman brought Brown back to me, he had my hat in his possession—I cannot say whether he had it on, but it was in his possession—I had in my hand the hat they threw over my face, and I changed with him—I took my own hat again from him, and returned to him the one which was pulled over my eyes.
Cross-examined by MR. PAYNE. Q. At the office I think you said Brown and another man were behind—I think you did not see anything of Burgoyne till it was over? A. No.
Brown. Q. Where did you take the hat out of my hand? A. I cannot name the street, not being acquainted with the quarter.
DANIEL HURLEY . I am a policeman. I was in Brown's-lane, Spitalfields, and heard a cry of "Police" and "Stop thief"—I immediately proceeded in the direction of the cry, which was in Wood-street, and observed the two prisoners and the prosecutor running, and all three crying "Stop thief"—I ran and caught Burgoyne—the prisoned at first seemed both together, but Burgoyne got in front of me—the prosecutor was twelve or fourteen yards behind them—I ran up for the purpose of delaying the prisoners till the prosecutor came up—I ran up and met them—they were between me and the prosecutor who was pursuing—I took Burgoyne back to the prosecutor, and said, "Is this one of the fellows?"—he said, "Yes"—I said, "Do you think you can hold him?"—he said, "Yes, I can"—I immediately ran after Brown, and caught him at the top of Brown's-lane—I am sure he is the same man as I at first saw running away—he had never been out of my sight—he said, "I am not the person"—I said, "You are one of the villains that robbed the man," and immediately brought him back to where the prosecutor stood with Burgoyne—he said, "This is the man that hocked me down"—I immediately collared Burgoyne, and said they should both come to the station-house with me—the prosecutor had a hat in his hand—he gave it to Brown, and took another hat from him, saying it was his-Brown said nothing in answer—the prosecutor fell into a fit going along-directly he recovered he run over to Brown, and said, "This is the villain who knocked me down"—the prisoners were searched, and I found on Brown two shillings, a sixpence, and twopence, and on Brown five shillings, a half-crown, and threepence halfpenny, and a black lead pencil.
Brown. Q. From what part of my person did the prosecutor take the hat? A. When I took him I was so agitated, thinking he might let Burgoyne go, I cannot say whether he had it on his head or not.
COURT. Q. At the time you searched Burgoyne did the prosecutor
claim any part of the property as his? A. Immediately I took the pencil out of his pocket he claimed it as being his—the money was loose in his pocket.
JAMES STEVENS re-examined. I lost a pencil—I saw the one found on Burgoyne, and I will swear it is mine—it had been broken, and I glued a piece of paper round it to preserve it—this is it—(looking at it)—the same paper is on it now.
Brown. Q. Did you receive any marks from the effect of the blow? A. A swelling came on the back of my head—I cannot swear I did not do that myself in the station-house while in the fit-you struck me with your right hand first, and on the back of my neck with your left.
Brown. I am a complete cripple with my left hand-is it possible I could strike him with it?
Q. Did not you state at Worship-street that you could not swear we robbed you of your watch and money? A. No—I said I could not swear you robbed me of my watch, but I did not say so of the money—I did not say at the station-house that I had lost 15s., and that I had two half-crowns among them-as soon as I came to myself I felt for my watch, and missed it.
Brown's Defence. I was going home, and heard the cry of "Stop thief" behind me-a policeman came running by me—he turned round and said, "I think you arc one of the villains who robbed the man," and he took me to the station-house; but I know nothing about it—the prosecutor says I knocked him down with a blow on the neck with my left hand, and Ian a complete cripple with it—I cannot shut it.
(Richard Mould, journeyman silk velvet-weaver, Little Mancheste-street; James Cornwell, Sale-street; John Munday, Manchester-place; and Sophia Anston, of Haggerstone, gave the prisoner Burgoyne a good character.)
BROWN— GUILTY . Aged 21.— Transported for Fifteen Years.
BURGOYNE— GUILTY . Aged 23.— Confined Two Years.
First Jury, before Mr. Recorder.
1929. WILLIAM BAKER was indicted for burglariously breaking and entering the dwelling-house of Edward Mays, on the 21st of July, at Fulham, with intent to steal, and stealing therein, 1 gown, value 9s.; 1 frock, value 3s.; 1 shawl, value 4s.; 2 handkerchiefs, value 6d.; 1 pair of boots, value 1s. 6d.; 2lbs. weight of bread, value 2d.; and lb. weight of bacon, value 2d.; his goods.
JOYCE MAYS . I am the wife of Edward Mays, and live at Sands-end, Fulham. On Saturday evening, the 21st of July, I left my house, and went to a neighbour's—I returned at a quarter-past seven o'clock, and found the door locked as I had left it—I found the bread and bacon, and a girl's frock, gone from the front-room, and a shawl, a handkerchief, and boots from the back room—I know the prisoner—they call him Peter in the neighbourhood—after missing the things, I went to him and asked if he had been down to my house—he said no—I said, "Tell the truth, or I will charge a policeman with you"—he said I might if I liked, and on Sunday morning I gave him in charge—I have not found the things—I knew nothing of him before.
ROBERT CULVER . I am a policeman. On Sunday morning, the 22nd of July, I apprehended the prisoner—I asked him if he had been guilty of what Mrs. Mays accused him of—he said no—on the 20th I received information from a lad named Batecman-thc prosecutor was determined to
give, him into custody, and I took him again—he then said, was not I going to take Jemmy, for Jemmy and the match-boy carried the things away, and he himself had nothing but the bread and bacon—he said he was in company with two boys, one named William Baker, his cousin, and a match-boy whose name and residence he could not give—he said at first that he pawned the things at a pawnbroker's, which I found was quite wrong—I could discover no part of the property—he said he had only the bread and bacon, and he held the bag while the other two put the articles in question into the bag—he said this happened in the front room of the prosecutor's house.
NOT GUILTY .
1930. JOHN AMBROSE was indicted for burglariously breaking and entering the dwelling-house of George Beby, on the 17th of July, at South Mimms, with intent to steal, and stealing 1 jacket, value 6d. the goods of George Beby, the younger; 2lbs. weight of bread, value 4d.; 3/4 lb. weight of bacon, value 6d.; 1 knife, value 3d.; 1 jacket, value 2s.; the goods of the said George Beby.
GEORGE BEBT . I live at South Mimms. On the 17th of July I went out, leaving my wife at home-when I returned I found my house broken open, and missed 2 jackets, some bread and bacon, and a knife—I gave information to the policeman, who took the prisoner with the property—I do not know him.
Prisoner, I found the jacket against Hadley High Stone. Witness, I had left it safe in my house at half-past eight o'clock in the morning, with the other property.
WILLIAM WRIGHT . I am a policeman of Barnet Association. I saw the prisoner at Underhill, near Barnet, on the 17th of July, two miles from the prosecutor's house—he had a flannel jacket on—I asked how he came by it—he said he found it against Hadley High Stone—I took him before the Magistrate, and could not find any owner, and the Magistrate discharged him—soon after the Hue and Cry stated that the prosecutor's house was broken open—I took the jacket to Mrs. Beby, who swore to it—I followed the prisoner, and apprehended him on Finchley-common, and as I took him to the cage he said he had broken open the house, and he did it for want; that he took the flannel jacket, bread, bacon, and a knife, and said he threw the knife away—he said he had had nothing to eat for two days, and ate the raw bacon.
(Jacket produced and sworn to.)
GUILTY . Aged 16.—Recommended to mercy.— Confined Six Months.
1931. MARY MURPHY and ELIZABETH OWEN were indicted for feloniously breaking and entering the shop of Robert Hodges and others, on the 15th of August, at St. Luke, and stealing therein 1 chair, value 10s., the goods of the said Robert Hodges.
St. Luke's. I rent part of a shop—I was at work at my shop till eleven o'clock on the night of the 14th of August-when I came out I padlocked the hasp of the door, and took the key in-doors-between three and four o'clock in the morning the policeman awoke me, and I found the padlock taken off and the staple drawn—I missed an arm chair from the premises, belonging to Robert Hodges—the shop belongs to Thomas Hodges—he let it out in apartments—I have part of it—several persons rent it the parties are not partners, but have separate use of the forges.
ROBERT HODGES . I am a cabinet-maker, and live in Golden-lane. I have the care of the premises for my brother Thomas—the house belongs to him—I saw the chair safe there last Tuesday night week between seven and eight o'clock when I left work-next morning at two o'clock he policeman awoke me, and I found the premises open, and the padlock off the door—the chair belongs to me.
THOMAS ELLIS (police-constable G 7.) On the night of the 15th of August I was in company with sergeant Brannan, in George-yard, Golden-lane, and saw the prisoners talking together-Owen said, "Now it is all right, come on, I will watch"—they went up the court, stopped a few minutes, and then came down the court again, Murphy carrying an arm chair—I went and caught hold of her, and asked where she got the chair—she said from her room up the court—they were thirty or forty yards from the prosecutor's—it was about two o'clock in the morning—I said, "I have no doubt you have stolen it, show me where you got it from"—she went up the court, and showed me the prosecutor's place—I found the shop door broken open—she said, "That is the place"-sergeant Brannan had the other prisoner in custody outside, and said, "You have broken the place open"-Murphy said, "No, I did not break it open, it was the other," meaning Owen—we sent a constable to call Hodges up, and he identified the chair at the station-house.
Murphy. I told you I would take you to where I got it, which I did, and there stood the other prisoner, who gave it to me-why did not you take and pursue her when you saw her, instead of concealing yourself in the passage? Witness. When we got back to the place, she said Owen gave it to her, and Owen said Murphy took it out.
JAMES BRANNAN (police-sergeant G 20.) On the morning of the 15th, before day-light, I was in George-yard, in company with Ellis—I saw the prisoners nearly opposite where we were-Owen said to Murphy, "Come on now, it is all right, I will watch"-in about two minutes Murphy was stopped by Ellis, with the chair-Owen attempted to run away—I asked where she was going—she said she was running to ease herself—I said "Where did you get that chair?"—she said, "Up the court"—I said "Where?"—she said Murphy gave it to her—I took her to the place—she said Murphy broke it open, and Murphy said Owen did it—I was searching outside the door, and Owen said, "You won't find the padlock there, you will find it on the bench inside," and I did so—I said, "I suppose you were going to bring this chair home?"—Owen said, "No, we intended to leave it in the privy till morning."
Murphy's Defence. Owen gave me the chair to take home to her place—I had been lodging with her a fortnight—I go out to work for my daily bread.
MURPHY— GUILTY . Aged 37.
OWEN— GUILTY . Aged 39.
Of stealing only.
Confined Three Months.
1932. ANDREW CRAWFORD MITCHELL was indicted for breaking and entering the dwelling-house of William Villiers Stuart, Esq., on the 25th of July, at St. George, Hanover-square, and stealing therein, 2 sheets, value 8s., and 1 table-cloth, value 2s., his goods: and 3 waistcoats, value 10s.; 3 coats, value 2l. 10s.; 1 pair of boots, value 5s.; 1 shawl, value 1s.; 1 stock, value 1s.; and 1 pair of trowsers, value 10s.; the goods of Samuel Letherland; and ELEANOR BOYLAND , for feloniously receiving 2 sheets and 1 tablecloth, part of the said goods; well-knowing them to have been stolen; against the Statute, &c.
MR. RYLAND conducted the Prosecution,
SAMUEL LETHERLAND . I was in the service of William Villiers Stuart, Esq., at the time in question, as footman and valet—he lives at No. 19, St. James's-place, in the parish of St. George, Hanover-square. I knew the prisoner Mitchell for about a fortnight previous to the robbery, and I have seen the woman. On Tuesday, the 24th of July, I employed Mitchell to remove some luggage from my master's house—he came into the house to remove it—about four o'clock on the evening of the next day, Wednesday, I missed from the house some property which, I had seen safe about ten o'clock that morning, and which I had seen on Tuesday as well—he had left the house about half-past nine o'clock on Tuesday night—I had not seen him there on Wednesday—I missed three coate, three waistcoats, one pair of trowsers, a black stock and a pair of boots of my own from my bed-room—I did not miss the shawl till it was found afterwards—I had a shawl among the property on Wednesday morning, nor did I miss the sheets—I have since ascertained that a pair of sheets and a tablecloth of Mr. Stuart's were taken—I missed the latch-key of the street-door, on the 24th, the day the prisoner was in the house—he had been left at the door while I went into the City to see about sending off some packages to Ireland—I left him waiting at the door till I returned—he was to remain in the street—I missed the key before he was gone on the Tuesday evening, off the side-board in the hall—there were two keys—I had one in my pocket, and the other was in the hall—I afterwards saw the latch-key at Queen-square, in the hands of the policeman—I have found all the articles—the boots were found on Mitchell's feet when he was taken, on the Saturday following—these are the articles—(looking at them)—these are my boots—this is my shawl and stocking—this latch-key is the one I missed.
Mitchell. Q. Where was the property? A. In my bed-room—the table-cloth and sheets were some in my, bed-room, and some down in the scullery, they were dirty.
MR. RYLAND. Q. What part of the house did the prisoner go into to move the goods? A. Into the pantry, into my bed-room, and into the library.
ROBERT JONES . I am a labourer, and live at the Three Crowns public-house, Royal Hospital-row, Chelsea. I was at St. James's-place on a Wednesday in July, about ten o'clock in the morning, and saw Mitchell go up to No. 19, and stop there some time—I called him away, and told him the servant was gone out—he went away and staid some time—I do porter's work about there, and was waiting about for a job—he came back some time after, and went up to the door again—I happened to turn my head time after, and went up to the door again—I happened to turn my head aside, and missed him all at once—I did not see him go in, but I saw him
come out in about ten minutes, with a pair of boots in one hand and a bundle in the other, tied in a white cloth—he went away.
ROBERT M'KENZIE (police-constable B 44.) I was informed of the robbery, and went to the shop of Mr. Thompson, a pawnbroker, in Pimlico, on Friday, the 27th of July, and in consequence of what I heard, I apprehended the prisoners in the sam bed-room together, in Duck-lane, Westminster, on the Saturday morning, about ten o'clock—I searched Mitchell, and found upon him a duplicate for two coats pawned for 12s. a waistcoat for 2s. 6d., and a pair of trowsers, pawned in his own name—I asked if he knew any thing of Mr. Villiers Stuart's robbery—he gave me no answer—I afterwards took him to the station-house, and found two duplicates upon him, and at Queen-square the prosecutor identified the boots he had on—I asked him about the property, but he would make me no answer—on the woman I found duplicates of two sheets, and a table cloth pawned for 8s.—I asked her how she came into possession of the duplicates—she said they were her husband's property, and she had pawned them—I went to her husband and questioned him—that is not the male prisoner—she did not say any thing about them in Mitchell's presence-Mitchell was asked, before the Magistrate, if he had the latch-key of Mr. Stuart's door, and he produced it from his waistcoat pocket, saying, it was given to him by the witness Letherland to let himself in and out with.
Mitchell. Q. Did you mention the robbery to me in the bed-room? A. Yes; I did—I said, I apprehended you upon charge of Mr. Villiers Stuart's robbery—there were several people in the room-you were standing up by the chimney-piece when I went in, and the woman was standing against the bed when I forced the door open—I repeatedly called to you to open the door, but you would not—I endeavoured to get it open repeatedly, before I burst it open.
Mitchell. Q. Did not we go to a public-house, in King-street, St. James's, after we came from the store-house? A. Yes, we did—I do not recollect the female prisoner coming in there—I did not call for two pints of ale on her account—I did not take you home to have tea and supper with me—I gave you beer for helping me to move the goods—I do not recollect seeing the female prisoner before she was at Queen-square.
JOHN FRANCIS MATTHEWS . I am shopman to Mr. Thompson, a pawn-broker in Grosvenor-row. I have a coat and two waistcoats which were pawned on the 25th of July, by a woman of the name of Spicer, who I have known before—I observed the male prisoner outside at the time—I had not seen them come to the door together—I lent 10s. on them—I gave Spicer the duplicate—I saw her leave the shop, join the male prisoner, and give him something, and they went away together.
JOHN KILLINGSWORTH . I am shopman to Mr. Perkins, a pawnbroker in King's-road, Chelsea. I produce two coats which were pawned on the 26th of July, by the husband of the female prisoner, in her presence—I paid the money to the man—this is the duplicate I gave him—they went away together.
JAMES STOKES . I am shopman to Mr. Golding, a pawnbroker. in Park-side, Knightsbridge. On Tuesday afternoon,*the 24th of July, two sheets and a table-cloth were pawned by the female prisoner alone-this
duplicate is what I gave her—I asked her if they were her own property—she replied they were—I doubted about it, and said, had those sheets ever gone to the wash—she said no, they had not—I then asked her whether she brought them for another party—she said no, they were her husband's property, purchased with a large sum of money he had left him some few years back—I think she said it was five years ago-when she first entered the shop, she commenced by looking round the shop, and saying there was nobody in the shop she was acquainted with, and mentioned several names of persons who were there when the previous person occupied the house-a pair of trowsers were pawned on the following day by a man, but not in my presence—the duplicate of them had been produced by the officer—it is in the hand-writing of a young man who was in Mr. Golding's service, but has left, being ill.
JAMES VINCENT . I keep the Coach and Horses, Royal Hospital-row, Chelsea. On Wednesday evening, the 25th of July, I saw the two prisoners, and again on Thursday the 26th, in my tap-room drinking together—on Thursday I saw them there twice in the course of the day, and in the evening Mitchell gave my wife a small parcel tied in a green handkerchief, and left instructions that nobody was to have it but himself—this is the handkerchief it was tied in—I did not open the bundle till the policeman came—I gave it to him—this stock was in it—I went to the office, and gave information on the subject.
CATHERINE RILEY . I am married, and live in Duck-lane, West-minister. The two prisoners came to lodge with me on Thursday evening the 26th of July, between eight and nine o'clock—they took one room, and stopped till Friday night, as man and wife.
Mitchell. Q. Did I represent myself as hey husband? A. You never told me so, but you went to bed together.
Mitchell. You keep a house of bad fame, which can be proved, and it is open to all sorts of thieves in Westminster.
Boyland. You know you keep a parcel of w and thieves in the place—there are five beds in the room, and I slept with an old woman.
MARGARET SPICER . I am the wife of Francis Spicer, and live in Three-crown-court, Chelsea. On a Wednesday in July, Mitchell came to my place—I knew him as a neighbour—he said, "Is Mrs. Spicer within?"—I said, "No"—I denied ray own name—he said, "Do you know when she will be in?"—I said, "No"—he sat down, and had a bundle in a green hand-kerchief—he pulled two waistcoats and a coat out of the bundle, while my back was turned, and came to me and said, "Old woman, as my face is so black, will you take this for me to Thompson's, I am ashamed to go"—he had two black eyes—I said my son could go, but he would not, and I took them to Thompson's; and black as his eyes were, he took good care to follow me to the pawnbroker's—I went in, and he waited outside, but I did not know he was there—I saw him standing outside, looking through the window—the shopman asked where they came from—I said there was the man peeping through the window, who gave them to me—he said, "Is that the one with the black eyes?"—I said, "Yes"—he gave me the duplicate, and lent me 10s. on them—the prisoner came to the step of the door, and I handed the money and ticket into his hand—he gave me the ticket, and said, "Keep this for me; I mean to release them in a few days, am going to Brighton as soon as my face gets well," and I took it—he gave me nothing for taking them—I afterwards gave it to the officer.
Mitchell's Defence. The prosecutor says he saw his things all safe on Wednesday—the pawnbroker had the sheets and the table-cloth pawned on the 24th—I acknowledge giving the female prisoner the table-cloth and sheets to pawn, she not knowing them to be stolen-what I did was through distress—it is my first offence.
Boyland's Defence. I did not know how the man came by them—he gave them to me—I was in great distress—I did not know they were stolen.
MITCHELL— GUILTY . Aged 38.— Transported for Ten Years.
BOYLAND— NOT GUILTY .
NEW COURT.—Saturday, August 25th, 1838.
Fifth Jury, before Mr. Common Sergeant,
GUILTY . Aged 18.— Confined Three Months.
GUILTY . Aged 58.— Confined Three Months.
GUILTY . Aged 14.— Confined One Month.
GUILTY . Aged 19.— Confined Three Months.
(The witnesses did not attend.)
NOT GUILTY .
GEORGE CHITTOCK . I live at Walthamstow, and am a farmer. The prisoner Carter, who was tried yesterday, was employed in my service to take hay to London—he left me on the 21st of July at a quarter past six o'clock in the morning, with thirty-six trusses of clover and rye grass, and about 40lbs. weight of old in his cart to feed the horses—that was taken by my authority—I did not authorise him to take any new hay—I have seen the hay now produced—it is mine, and part of the 40lbs. I sent-I
followed Carter to London—I saw him feeding his horses in Whitechapel with new hay—he had no business to take it.
CHARLES HENRY MOCHETT . I am a policeman. I was on duty—I received information, and about half-past nine o'clock I went to Whitechapel hay market, and from there to Ratcliffe-highway, and saw Carter with the load at a corn chandler's door—he took off the cover, and delivered thirty-six trusses of hay—I saw then a bundle of hay in the bottom of the cart tied with one band—that was old hay.
Cross-examined by MR. DOANE. Q. Were that load and the bundle all lold hay? A. Yes; of the same description.
CHARLES HENRY MOCHBTT re-examined. Carter then went to Mr. Sweeting's, in Whitechapel, and from there up George-yard, and drove into Black horse-yard—I there saw him take the leaders off, give them a little water, and put his hand into the cart, he took a handful of hay, and I gave them just one mouthful—he put the leaders to, turned his cart round, and drew up to the public-house door—there Taylor came up to him—he was in the yard, he had followed with his horse and cart-when they were within a few yards of the public-house door, I heard Taylor say "Am I to have it?"—Carter said it was worth more than that-Taylor said, "I will tell you what I will do; I will give you that, and stand a pot of half-and-half-Carter stopped opposite the public-house door-Taylor's horse was close to the tail-board—I heard money pass, and I saw Taylor lift the hay from Carter's cart, and put it into his own—the prosecutor's (name was on the cart.
Cross-examined. Q. You saw Taylor in the yard? A. Yes; he most have been in the yard before I got there.
MR. DOANE to GEORGE CHITTOCK. A. Had Carter any right to that bundle of old hay? A. He had a right to take that for the horses.
JURY. Q. Is that good hay? A. Yes, it is not damaged—it was 16lb. less than a truss.
(The prisoner received an excellent character.)
GUILTY . Aged 22.—Recommended to mercy.— Confined Three Months .
GRIFFITH THOMAS . I live in Oxford-street, and am a linen-draper, in partnership with Mr. Brooks—the prisoner was our servant-at half-past ten or eleven o'clock on the 7th of August I heard there was a strange woman in the kitchen, Waters came up, and I stopped her with a pair of sheets of mine—she said my servant gave her them to pawn—these are ours—(looking at them.)
Prisoner. I gave her them to carry up stairs-when she went to the office, she gave a wrong name and address—she said she lived in Little Windmill-street. Witness. I do not live there at present—I went to the house for some caps to wash for her.
ISAAC SPREADBOROUGH (police-constable D 61.) I was sent for, and asked Waters what she was going to do with these sheets—she said to take them out to pawn, that the servant gave them to her—I asked the prisoner if she had given them to her—she said, "No, the other woman brought them home from the wash."
Prisoner. They came from the wash, and were taken to the kitchen to air—I gave them her to take up stairs. Witness. She said the woman was not going up with them, but she was bringing them down stairs from the wash.
GUILTY . Aged 28.— Confined Three Months.
GEORGE REESE . I am an apprentice to John Wills, a hosier, at the corner of Berwick-street, Ox ford-street. These handkerchiefs are his—the shop ticket is now on them—on the evening of the 15th of August a lad, about fifteen, came and bought a pair of braces-as I went to tbeend of the shop to get the braces, I suppose, he did something—he came a second time to change them, and a third time to buy another pair, which we refused him-in a short time a mob came to the door, and I saw Jeffery in the hands of a policeman, and these handkerchiefs were produced—I had not seen either of the prisoners at the door.
CHARLES HAWKER (police-constable E 106.) I was coming dawn Oxford-street, and saw three persons near the prosecutor's shop, about the corner of Berwick-street—I suspected from what I had seen previously that they had been stealing a basket, and I got the assistance of another officer-in a short time Row, the other, left the two prisoners—they had been talking together—I then went with He slop, the other constable—he went on one side, and I the other—I saw one of the prisoners make a motion to the other that the police were there-Jeffery took this basket and put it under his coat—I laid hold of him by the collar, and took Bailey by the arm—I called the other officer-Row had made his escape-had not seen Row go into the shop—I was struggling with Bailey-his hat fell off, and I heard something fall-in going to the station-house I looked into the basket, and found these handkerchiefs in it—this was about nine o'clock-Row was shorter than Bailey, and had a cap and jacket on—I went back, and found some glass broken.
GEOROE HESLOP (police-constable G 134.) I have heard what pasied—it is true—I took Bailey to the station, and found upon him five duplicates, a key, and a hook-nothing else-twopairs of braces were found on Jeffery—he was asked where he got them—he said he purchased them at a shop in Oxford-street—these are them—he was then asked whether he purchased the handkerchiefs likewise—he said, "Yes," but he did not know where, and he turned to Bailey.
GEORGE REESE re-examined. The person that came in was shorter than Jeffery, he had a cap and fustian jacket on, it was about nine o'clock, as far as I can recollect—this is the pair of braces I sold to Row—I notice any basket in his hand—I should say he had not this basket, because he had
no coat on—I think I should have seen it if he had—I only sold one pair of braces.
(The prisoners received excellent characters.)
JEFFERY— GUILTY . Aged 16. BAILEY— GUILTY . Aged 19.
Confined Three Months.
WILLIAM FOULSHAM . I live in Den mark-street, St. George's, and am a carpenter. On the 22nd of July I lost a rule and cap—they were safe about seven o'clock on the 21st—I left them in a building at Islington, where I was at work.
Prisoner. I bought the rule a fortnight before.
WILLIAM FOULSHAM re-examined. This is my rule-here is a place where I tried to carve my name, and I scraped it out again—the rule was in a basket in the bench box, and the cap in the drawer of a new dresser.
GUILTY . Aged 28.— Confined Three Months.
1942. WILLIAM BUTTERFIELD was indicted for stealing, on the 15th of August, 1 clock, value 10/.; 1 barometer, value 5l.; 24 knives, value 4l.; and two bags, value 2s.; the goods of Sir Giffin Wilson, knight, in his dwelling-house; to which he pleaded
GUILTY . Aged 21.— Transported for Ten Years.
1943. JOHN WILLIAM BERTRAM was indicted for stealing, on the 26th of July, 1 pair of emerald bracelets in gold, value 100l.; 1 emerald brooch in gold, value 20l.; 1 pair of gold snaps, value 10l.; 1 emerald bracelet, value 20l.; and 6 morocco cases, value 50l.; of the goods and merchandise of Sigismund Leidersdorf, in a certain ship, called the Victoria, in the Export Dock belonging to the river Thames.-Twelve other COUNTS, trying the charge, and stating the property to belong to different persons.
MESSRS. ADOLPHUS and ESPINASSE conducted the Prosecution.
JAMES CAZALY . I am clerk to Messrs. Doxan, merchants, in Bishops-gate-street. On the 24th of July, I packed up a case of jewellery, a wooden case, enclosed in tin, covered with canvas, and marked with the Queen's seal, at the Custom House—I put six morocco boxes in it—there was an emerald and brilliant-necklace, and the other articles stated—I delivered them to Richard Rawlins Hinckesman, to take to the Custom House—they are the property of Sigismund Leidersdorf—this is the case packed them in—(looking at it)—this is one of the rings I put in the case—it is an emerald ring, set in fine gold—this waist-buckle is emerald set in fine gold—this brooch is emerald, set in gold-all these articles were sent in that box—the value of this case of jewellery is about 500l.
Messrs. Doxan. I saw the case packed—it was delivered to me, and not out of my sight till I delivered it to the mate of the Victoria, about one o'clock, on the 24th of July, in the presence of a Custom House officer—the mate went towards the cabin with it—he is not here.
EDWARD JOHNSON . The mate of the Victoria employed me to clean some brass-work, on board that ship, on the 26th of July-no one was on board but the prisoner and me—the prisoner was steward and cook—he desired me to get him a knife—I gave him a knife—he asked me to jump down into the cabin, and hand him up this box—I went down, took the box, and asked if it was his—he said, "Yes"—he had told me it was in the pantry, and I gave it him from there—he told me to take it forwards, put it into the galley, and cut it open—I asked him if it was his-be said, "Yes, it is mine, don't fear"—I refused to cut it—he took it, and broke it open—it was a box covered with stuff like sacking, to the best of my belief this is the box—(looking at it)—he cut it open, and took out some red morocco cases, and while he was taking them out, he dropped an ear-ring—I picked it up, and he said, "Give it to me"—he pat the morocco cases in between his shirt and skin—he said, "Get me the chain-hook"—I fastened the chain-book to the case, and he told me to check it overboard—I did so—the chain-hook sank it—the vessel was then in the Export Dock, at Poplar.
GEORGE LAW . I am shopman to Mr. Vesper, a pawnbroker, in the Commercial-road. On the 26th of July, a person of the name of Corner who is in the same house with me, came to me when I came into the shop, and produced this brooch, on which 10s. had been lent—I went to the Exmouth Arms, in the Commercial-road—I there saw the prisoner and two women—I observed the prisoner had a brilliant and emerald ring, which is not here—I asked him if he would sell the ticket of this brooch, (as I was perfectly sensible it must have been stolen, seeing it was real emerald)—he said, "Yes, for 1l. "—I gave him a sovereign for it, he had a piece of wood in his jacket-pocket—I asked him what that was, he said there was a watch inside it—I asked him if that was the way they brought things out of the Dock without paying the duty—he said, "Yes"—I offered him 2l. for the ring he had on his finger, and then 3l.—he would not take it—when I saw the wood he took me out of the room, and produced, this other brooch, and asked me to give him a sovereign for it, which I did—I went to our shop, and told our young man I should go to Lambeth-street, and if the prisoner brought any thing else, to keep an eye on him, and take what he could as low as he could—the prisoner said he came from the Victoria—this brooch is worth about 40l. or 50l.
Prisoner. Q. Did I take you out of the room? A. Yes, you did.
Prisoner's Defence. I was in liquor when I did it—I did not what I was about.
GUILTY . Aged 21.—Recommended to mercy by the Jury.
Transported for Ten Years.
WILLIAM DALE . I live in Pennington-street, Rateliffe-highway, and un a sailor. On the 3rd of July, I was at St. Katharine Docks, looking at the ships—the prisoner came up, and began talking about the shipping, and asked where I came from—I said, "From the Cape of Good Hope"—he asked if I was going out of the Docks—I said, "Yes, pretty soon"—I stopped a little, and then he went out with me-when we got out, he asked me if I had got any money—I said, "Yes, 9l. "—he said, "You mutt take good care of that, as there are some d-d rogues in London," and he asked me to let him look at it—it was a £5 note and four sovereigns—I let him look—he returned me three brass medals, and an engraved note—I looked at the money, and found there was one short—I had given him four sovereigns—I ran after him, singing out "Thief," but I could not catch him—I saw him again about a month, or a little better, afterwards—I have not any doubt he is the man—I passed by him in the St. Katharine Docks—he walked on faster, and I turned short round, and went after him—I said, "Do you know me?"—"Know you? no," he says—I said, "You don't know me? but you knew my money very well"—he said, "Hold your tongue, don't make a noise, if you will come along with me I will give you your money back again"—I began to make a noise, and he rushed out of my hand—I had hold of him by the collar—he ran up the Kept to Tower-hill, but I followed and took him—I asked the officers to stop him—they said they could not do it—I ran after him, and took him.
Cross-examined by MR. PRENDEROAST. Q. Was he taken? A. Yes—I got two persons to assist me—the officers at the gate would not have any thing to do with him—I am an Englishman"—I came from Ipswich, in Suffolk, where I was born—I have been nine years at the Cape of Good Hope—I go as a sailor, and as a steward sometimes—I stopped on shore at a gentleman or ladies' servant, at the Cape—I was very nearly two years a constable there—I have been to Algoa Bay, that is, on the coast—I have never been to Botany Bay—I have never been in confinement in Africa—I am quite sure this is the man—I never saw him before that day-be did not say he was not the man when I saw him in the Docks—he did not say it was a lie—he said he did not know any thing about it at first—I did not mention any day to him.
CHARLES DAVIS . I was coming out of the Dock at the same time, the prisoner said to the prosecutor as he came out, "Come up with me into Rosemary-lane, and I will give you your money back again, or make it good"—he then turned a turning to go to Rosemary-lane, and he wanted the prosecutor to go and have some ale—I said, "Don't do any such thing, give him in charge," the prisoner said he wished to have a pint of beer, and brought out a bad sovereign—we could not get an officer—I and another person assisted to get the prisoner to the station—he fought and kicked very much, and while at the station there were some acquaintances came and wanted the prosecutor to take the money, and let him at liberty—some other persons said if he would come five or ten minutes' walk, they would foake up the money.
Cross-examined. Q. Was the prisoner there then? A. No, he was locked up—the prisoner had no money when he was taken—he had a bad sovereign when he wanted the beer, but that was not found on him at the station-house.
JAMES WHITTEL . I was in a shop-hearing the cry of "Police," I came out, and seized the prisoner—he had a crown button on his coat—I thought he was a Custom-house officer—I took hold of him, and he kicked me very violently—I am afraid I am injured for life, but I saw the bad sovereign he offered to a publican for a pint of beer—I suppose it was lost.
Cross-examined. Q. Was he not quite willing to be searched? A. Yes he said he was innocent.
MR. PRENDERGOAST called
JAMES POOL . I live in Vauxhall-road, Birmingham, and am a filesmith, in the employ of Messrs. Heptinstall and Lawledge, of Hand-street, Birmingham. I have been there forty years—I have known the prisoner five or six years—the last time I saw him at Birmingham was on Saturday, the 14th of July—I had known him a long time before—I had known him for two years living in Vauxhall-lane—I can undertake to swear that he was in Vauxhall-lane for a month before the 11th of July—the man whom he lived with would have been here, but he is ill—the prisoner is married—he could not have left Birmingham within that fortnight, without my knowing it, as I saw him every day—I came up from Birmingham on Wednesday to give this evidence—I heard that he was taken for an offence done the beginning of July, and he knew that I knew he was in Birmingham then—I can undertake to say that he was in the Vauxhall-road on the 3rd of July.
COURT. Q. Did you see him on the 3rd? A. I saw him every day for a long time before—I never noticed any particular day—I saw him every day—he lives in the Vauxhall-road—I do not know what number, there is no number to it, it is a beer-house he lived at last-Joseph Docker keep it—he is a married man—he is ill-Docker has one daughter, about seventeen—she lives at home—there are no servants, only Docker, his wife, daughter, and three sons—they all live at home, one is blind-no one, but the prisoner and his wife, lodges at Dockers—she is in London now—the prisoner has two children, one is in Birmingham, at Docker's house, that is two years old—they all live at Docker's—the prisoner worked with me at Messrs. Lawledge and Heptinstall's every day, till the 14th of July, when he left-about twenty-two persons work there-all these twenty-two would have an opportunity of seeing him as well as myself—he dresses generally in a respectable manner—I have seen him with figured buttons on his coat, it might be a crown, I never took notice—it might be two or three months since I saw him with figured buttons—I do not particularly notice such things as that—I do not know whether this was like a Custom-house officer's button-when he left on the 14th, he came to get a situation-had a situation there, but he has not had much to do the last three months—that was the cause of his leaving—he came to the factory every day to see if there was any thing to do.
Prisoner. I lent the coat to a fellow prisoner to take his trial in.
(The turnkey produced a coat, with a crown on the buttons.)
Prisoner. That is my coat—the buttons have the crown on, and the word Victoria underneath.
JAMES POOL re-examined. I have been put to considerable expense by coming here-when we heard of this, my shopmates said if I would come they would pay part of my expenses—I never was in London before in my life—I am now staying with a man named Newton, in Milton-street, he is a man I knew in Birmingham.
COURT. Q. Who gave you money to come up? A. I have always had a pound by me—the prisoner always told me he came from Bath—I hare not said he was a Birmingham man.
THOMAS NEWTON . I live in Milton-street. I have known the prisoner fourteen or fifteen years—the last time he came to me was on the 17th of July—he said he had just come from Birmingham—he came as a person would who had just come from the country—he had a box and two or three handkerchiefs tied up in bundles—I knew him in Birmingham-to my knowledge he has been a resident in Birmingham—I have been in London eight years, but I was down some years ago and saw him then, and on the 17th he came to me with his wife, and, they have been at my house ever since—he has always borne a good character—I never knew any thing against the man.
COURT to JAMES POOL. Q. You say you are a file-cutter? A. Yes, the prisoner worked at what we call smith's work—I do not know what he might have been in his younger days—he never called himself a carpenter.
MR. PRENDERGAST. Q. Why did you not mention that before? A. Because I did not know what would be said—he said he had just come from Bath—he said he had been a carpenter at Bath—he did not say any thing about Birmingham in the station-house, that I heard—I took notice of what he said particularly—I did not say any thing about this before the Magistrate.
MR. EDMUND JOSEPH JONAS . I have a book of the statements prisoners make when they come in—this prisoner stated that he was born at Bath, was a carpenter by trade, was a married man, and had three children.
Cross-examined. Q. You will not say that he did not say any thing about Birmingham? A. No, he might.
GUILTY . Aged 35.— Transported for Seven Years.
ROBERT JOHN WICKS . I am in the service of Kerenhappuch Armstrong, of Clark's-place, Islington. On the 8th of August, I had two pairs of boots in the shop, hanging about nine feet from the door-when I came in the prisoner had got three boots in his apron, and the other one in his hand just taking it down—I asked what he wanted—he said a man that belonged to the shop sent him in to get the boots, and that the man was outside—there
was no man outside—these are my master's boots—(looking at them)—there were two lads outside, who I believe had been with him.
GUILTY . Aged 17.—Recommended to mercy by the Prosecutor and Jury.
Confined One Month.
1946. ELIZABETH JONES was indicted for stealing, on the 11th of July, 1 brooch, value 1l.; 1 needle-case, value 2s.; 2 yards of holland, value 1s.; and 1 frock, value 1s. 6d.; the goods of William Smith, her master.
ROBERT BACKHOUSE (police-constable H 92.) I went with Mr. Smith to Brown's-lane, Spitalfields—I found this needle-case there, and in the prisoner's box some duplicates of these articles—the brooch has not been found—I have produced the article.
Prisoner. There was a gold chain and brooch that I was taken up for, and the chain has been found since.
GUILTY . Aged 20.— Confined Three Months.
JOHN NEWTON. I keep a chandler's shop in Buckeridge-street, St. Giles's. I placed a pair of spectacles about a foot from the shop door on the 3rd of August—the prisoner came to my shop that day, and within ten minutes I missed them—I went after the prisoner, brought her in, and requested to know if she would suffer herself to be searched, and she said "Yes"—I got a woman to search her, but nothing was found on her—she went past the window in going away, and as I considered she must have them, I told a man of it—in about two hours I saw the prisoner and the spectacles.
Prisoner's Defence. I am a married woman with four small children—my husband has been out of employ for some time, having his arm broken—I had been dismissed from the infirmary myself on the 1st of August—I went to the prosecutor's shop to borrow a chopper, and seeing these spectacles on the ground near the door, I took them up.
GUILTY . Aged 47.—Recommended to mercy.— Confined Ten Days.
1948. WILLIAM TANKARD was indicted for stealing, on the 12th of January, 3 engraved copper-plates, value 3l. 10s.; 8 packs of card, value 7s.; 1 printed book, value 2s.; 1 carpet, value 1l.; and 7 quires of paper, value 6s.; the goods of Joseph Michael Roberts, his master.
with me by the prisoner's wife, and in May the cards were pawned by the prisoner himself—I have sme other articles pawned at other times.
Prisoner's Defence. I had earned but little money for some time.
(The prisoner received a good character.)
GUILTY . Aged 44.—Recommended to mercy.— Confined One Month.
1949. JOHN MARSDEN, GEORGE HOLLEY , and WILLIAM HALEY , were indicted for stealing, on the 2nd of August, 1 yard of velvet, value 14s.; and 7/8ths of a yard of Valentia, value 6s., the goods of Richard Ubsdell and another.
THOMAS HASELDINE . I am a tin-plate-worker, and live in Ann-street, Cannon-street On the 2nd of August, about nine o'clock at night, I saw the prisoners at Aldgate—they tried to pull down some stockings at Mr. Few's shop, but did not succeed—they then went on to Bishopsgate, and on to Shoreditch—it was then about a quarter before ten o'clock—they got to Mr. Ubsdell's shop in Shoreditch, and I saw Holley put his left hand in where a square of glass was out, and take two pieces of goods out of the window, and give them to Marsden, who put them under his apron-Haley was on the opposite side of the way—I ran after them, but I lost sight of them—they were taken the next morning about half-past ten o'clock.
Cross-examined by MR. CLARKSON. Q. Who do you work for? A. For myself—I do not keep a shop—I live in Ann-street, St. George's-in—the-East—I have one room on the first floor—I had business to be at Aldgate that night—I was going to my brother's in the Borough.
Q. I suppose you have never been a witness" before? A. No, never-yes, I was here about a year ago, about Mr. Stanley in Mile-end-road, who lost his handkerchief—that happened about one o'clock in the day—I was never in custody, and never before a Magistrate—I was never in the hands of an officer—I was looking for work on this occasion—I know the officer in this case, by his being on the beat—I have known him for six or eight months-Shoreditch is not in my way to go to the Borough—I have had no work in my own business for the last fortnight, but I have been working in the grocery line, for Mr. Foster, of Philpot-lane, giving out a few bills at his door—I have been doing jobs at home as a tin-plate-worker—I am not an amateur hunter of thieves.
THOMAS STERNE . I live with a pawnbroker opposite the prosecutor's—I saw a young man that evening take something out of the prosecutor's window, and give it to one outside—it was a little one put his hand in, and he gave it to a bigger one—there were three of them together—I saw the last witness there.
Q. Did you ever see him before? A. No.
Cross-examined. Q. Where were you? A. I was standing at our door—the lad put his hand inside the door—the window is inside—I saw some-thing taken, but could not tell what it was—I went and told Mr. Ubsdell alad had taken something, but I could not see what.
RICHARD UBSDELL . I live at No. 75, Shoreditch, and am a tailor. The ast witness gave me information—I examined my shop, and missed the articles—I saw the witness Haseldine, and he gave me information-both the witnesses spoke to me—my window is two feet inside the shop.
Osborn-street the next morning-Holley and Haley were together and Marsden was in the coffee-shop opposite, having his breakfast—the witness Haseldine was with me.
NOT GUILTY .
1950. GEORGE ARTHUR and EDWARD DUNN were indicted for stealing, on the 2nd of August, 6lbs. weight of sugar, value 30s. the goods of John Graham, the master of Arthur; and that Dunn had been before convicted of felony.
JOHN GRAHAM . I live in Gardener's-lane, Upper Thames-street, and am a carman. The prisoner Arthur was employed by me nearly two years, as a carman—on the 2nd of August I sent him to the Docks with a warrant to get a hogshead of sugar to deliver to Mr. Currie, in Munster-street, and two others for two other persons—I have not seen the sugar since—the hogshead that was for Mr. Currie ought to have been twelve cwt. gross, according to the Dock note.
Cross-examined by MR. JONES. Q. You never saw the sugar? A. No-Arthur had been in my service nearly two years—I had a good character with him.
GEORGE SHORTER . I live in Aldersgate-street, and am a carrier to Mr. Parry—on the 2nd of August I had my cart in the New-road, near Munster-street—the prisoner Dunn came and asked me if I would take a bag for him—I saw Mr. Graham's wagon at the corner of Munster-street, and Arthur was standing by it—they had a woollen cloth over the wagon-Arthur got upon the wheel and helped Dunn to undo the cloth—then Dunn got into the wagon, got out a bag, and brought it to my cart—it was full, and seemed to contain about one cwt.-as soon as Dunn brought it to me, I saw the contents, and told him I would have nothing to do with it—I did not see the cask undone—the name of John Graham was on the wagon.
Cross-examined. Q. How near were you to the bag? A. It was brought to the side of my cart—I know there was sugar in it, became I saw it through two or three holes in it—he threw it off his shoulder, and as much as half a cupful of the sugar fell out upon the pavement—it was a lightish moist sugar—this was about half-past six o'clock—I had to go down Munster-street, and as I came back I saw the wagon at Mr. Currie's door—I went and told him.
Dunn. Q. Did you not say you would give me a lift; then you said you were going to some other place? A. No; I said I would have nothing to do with it.
ARCHIBALD CURRIE . I am a grocer, and live in Munster-street. Arthur brought me a hogshead of sugar—I received information, asked Arthur if the hogshead was all right—he said, "Yes; as I received it"—I said I was not satisfied, and I went to the door and brought in the witness Shorter—I said to him, "What did you tell me?"—he then repeated his statement, and I said to Arthur, "What was in the bag?"—he said "Chaff"—I looked at the bung-hole of the hogshead, and said the tin was undone-Arthur said, "I do not know any thing about it"—he wanted me to send it back to have it weighed again—I weighed it the next morning, and it was 61lbs. deficient.
Cross-examined. Q. Did not Arthur tell you he did not know what was in the bag? A. Yes; he said he was carrying it for a man he met
in Tottenham-court-road, and he did not know what had become of that man—he said he did not know any thing about the bag—that some man asked him to take it to Paddington—I took the hogshead into my premises that evening, and weighed it the next morning between nine and eleven o'clock-none of the sugar had been taken out in the meantime-Arthur offered to take it back, and I would not allow it—it stood that night in my shop, where I have room for about three hogsheads—it was fine sugar—I took the head off that evening, but I did not take out part of the sugar—I can undertake to say that it was in the same state in the morning as when I received it.
MR. CURRIE. This is the Dock note given to me by Arthur—I produce it—the sugar weighed 61lbs. short of 12cwt.
MATTHEW WATKINS . Cross-examined. Q. Did you weigh this sugar I did not, but I stood opposite and saw the weight, and booked it—I delivered the three hogsheads—they did not all weigh alike—I cannot tell without looking at the note what the other two hogsheads weighed, but this one was No. 13, and it weighed 12cwt.
Dunn's Defence. I am a labouring man, and work on the wharfs—I went to the water-side to look for a job, but I did not succeed, and in the evening, as I was near Blackfriars-bridge, a man came up with a load of goods—he asked me if I wanted a job—I said "Yes"—he went on to Tottenham-court-road, and when I got there I missed the man and the wagon-a man came up to me in a white jacket, and said, "Are you a cab-man?"—I said "No"—he said, "I have a quantity of mixed victuals, will you buy it?"—I said I did not want it, but I bought it of him for a shilling—I then went on, and met Arthur—I asked him to give me a lift, which he did, and when we got to the New-road, I saw Shorter and asked him to give me a lift, which he said he would, but when I went to take the bag to him he would not—I then went home.
(William Seaward, a master carman, living on Dowgate-hill; Ann Huckle, of Wood-street, St. Thomas the Apostle; and William Needle, a master carman, of Fenchurch-street; gave the prisoner Arthur a good character.)
ARTHUR— GUILTY . Aged 31.— Transported for Seven Years.
DUNN— GUILTY . Aged 25.— Transported for Fourteen Years.
ANN JONES . I am the wife of William Jones, and am matron of the Female Asylum at Camden-town. The two prisoners were inmates of that institution-Wood acted as my servant, and had admission to my rooms—on the 24th of July I saw a cap opposite the stairs—I then went to see if any of the females were gone, and three were gone—I missed ten sovereigns and one half—sovereign, which had been in a box in ray room—the prisoners ought not to have left without notice—I have not found any of the money since—I had seen it safe the same morning-Ford had not an opportunity of going to the room.
Woodford. You said it was your daughter's money at the office Witness. It was my daughter's, but was in my possession-ray daughter is twenty-two years old, but does not live in the house.
Woodford. The daughter was there the same evening that we absconded—Mrs. Jones left the key in the hands of the sub-matron, and she might have gone to the box. Witness. I did not.
WILLIAM BAILEY (police-constable 11 104.) On the 26th of July Woodford came to me at half-past nine o'clock, and said she wished to resign herself up to me, and that she and two other girls had stolen ten sovereigns and a half from the matron of the Asylum at Camden-town—she said she planned to steal it on the 22nd, and executed it on the 24th—that they took a cab and went to Kent-street, and in going along they divided the money—the half—sovereign was to pay the cab and get drink—that when she got there she got drunk, and went to bed—that the other two robbed her, and went away.
JOHN SEAWARD (police-constable G 67.) I received information and took Ford. She asked if I had heard of the three females who had escaped from the Asylum—I said "Yes"—she said she was one, but she had not any money then.
WOODFORD— GUILTY . Aged 18.
FORD— GUILTY . Aged 24.
Transported for Seven Years.
EDWARD GATES . I live in Draper's-place, Burton-crescent, and am a whitesmith. On the 19th of August I was coming along the New-road, and stopped to have a cup of coffee at a stall—the prisoner came and asked me to give her a cup of coffee—she then asked if I would go with her—I said I would not—I went home to my door, and then felt her hand in my waistcoat pocket, and as soon as she was gone, my purse that I had in that pocket was gone—it contained two half—sovereigns and two shillings—I ran after her, caught her, and gave her in charge.
Prisoner. You asked me to go with you-you took me down a mews and threw me down—I called out-you said you would kill me if I made a noise, and then you dropped the purse.
GUILTY . Aged 18.— Confined Three Months.
1953. CORNELIUS CONWAY and EDWARD BOND were indicted for stealing, on the 2nd of August, 1 box, value 2d.; 1 bag, value 1s.; 16 harp-strings, value 4s.; 20 violin-strings, value 2s. 6d.; 1 pair of scissors, value 3d.; 1 needle-case, value 1d.; and 1 comb, value 2d.; the goods of Frederick Giorgi.
FREDERICK GIORGI . I am a musician, and live in South-street, Chelsea. I and my wife on the 2nd of August were playing music in a booth in Edge ware Fair, between nine and ten o'clock at night—I had a blue bag containing this property—this is the bag and property—(looking at it)—I saw it safe at nine o'clock, and missed it between nine and ten—it was brought to me the next day.
about two or three o'clock, I met the prisoners coming along the Edgeware-road—I took them, and found the bag under Bond's waistcoat, and the violin strings in Conway's pocket-Bond said he brought the bag from home.
Bond's Defence. I picked it up in the Crown and Anchor booth—there was nothing in it.
NOT GUILTY .
HENRY WALKER . I live in Adams-place, Holloway, with my father. We lost a nose-bag belonging to my father, John Walker. This is it—(looking at it)—we lost nine rabbits belonging to my brother James—I saw them safe on Saturday night, the 4th of August, at half-past eight o'clock, and missed them at five o'clock the next morning—these are the rabbits—(looking at them.)
Prisoner's Defence. I bought them of a man who said he was going into the country.
GUILTY . Aged.— Confined three Months.
1955. RICHARD ADAMS and JOHN MILLER were indicted for stealing, on the 7th of August, 1 handkerchief, value 1s., the goods of Daniel Harrison, from his person; and that Miller had been before convicted of felony.
DANIEL HARRISON . I live in Whitehall-gardens. I was standing at a picture-shop in the Strand, on the 7th of August-a witness told me some-thing, and I missed my handkerchief from my pocket—this is it—(looking at it)—I had used it in the Strand just before.
FREDERICK HURREY . I live with my father. I was passing by the picture-shop—I saw Adams take the handkerchief from the prosecutor's pocket—he put it into his own pocket, and both the prisoners walked away together—I had not seen them together before they took it—they walked straight, and both went down a turning together—I am sure they are the men—I followed them, and told a policeman, and they were taken within five minutes.
WILLIAM HOWARD (police-constable F 94.) I met the prisoners walking and talking together—I took them—the little boy Hurrey said, "The right hand one has got it," and I found this handkerchief in Adam's hat.
Adams's Defence. I picked the handkerchief up.
Miller's Defence. I was going to look for work, this prisoner came and asked me to direct him, and I said I would.
CHARLES SEAWARD . I live in Great Wild-street. I have known Miller two years-his father, his brother, and he, worked with me-Miller has home a good character, from what I have known of him—I have trusted him about the premises—I have not seen him for the last three or our months-before that I saw him every day with his father—I do not know that I must have known if he had been here before—I saw him
every day till within the last three or four months, as near as my memory serves.
ADAMS— GUILTY . Aged 18.— Confined Three Months
MILLER— GUILTY . Aged 18.— Transported for Ten Years.
(Seaward was committed to prison.)
WILLIAM THOMAS BARTON . I live with Mr. Cotterell, a pawnbroker, in Oxford-street. I have these shirts—I do not know by whom they were pawned, but on the day the prisoner was committed, he came to our shop and said he had lost the duplicates of two parcels of shirts which he had pledged—he saw these shirts, and said he had pledged them.
GUILTY . Aged 18.— Confined Six Months.
ROBERT JOHNSON . I live in Lion-street, Kent-road. On the 16th of August I was opposite the Horse Guards—I had a parcel in my pocket, containing sixteen sheets of paper, which belonged to Mr. Barclay Farquharson Watson—this is the paper which contained them—the papers have been taken out by Mr. Watson—they were the Abstract of some property in Essex.
JAMES WEBB (police-constable V 134.) About three o'clock on the afternoon of the 16th of August, I was near the Horse Guards, and saw the prisoner put his hand into this gentleman's pocket, and take out his hand-kerchief part of the way—he waited about two minutes, and then took out this parcel—I took him with it.
Prisoner. It was dropping out of the pocket, and I took it to give it to the gentleman. Witness. No, he took the handkerchief partly out, and then put it back again, because it was a cotton one—he then took this parcel from the left-hand pocket—it was not likely to fall out.
GUILTY .* Aged 28.— Transported for Ten Years.
Sixth Jury, before Mr. Sergeant Arabin.
1958. THOMAS WILLIAM LEIGHTON and JOHN BUCKINGHAM were indicted for stealing, on the 28th of July, 4 half-crowns and 2 shillings, the monies of Edmund Wellington, from the person of Eliza Wellington, and that both the prisoners had been before convicted of felony.
ELIZA WELLINGTON . I am the wife of Edmund Wellington, he lives in Nelson-street, Camden-town. On Saturday night, the 28th of July, I went for my husband, and met him in Tottenham-court-road—he gave me a sovereign, and I returned—on my way I purchased a few articles out of it, in a shop in Tottenham-court-road—I laid out eighteen pence and they gave
me change—I then went to buy some bacon, and some butter—the last shop I was in was at the corner of Windmill-street—I pulled out my money there, and paid for what I bought—I then had four half-crowns, three shillings, and two sixpences—I put that safe in my pocket before I left the shop—I came out, went to the edge of the curb, where a man was selling peas, and while he was measuring me some, the two prisoners came up to the cart, one pushed before, and got in front of me, the other was behind me—I put my hand into my pocket to get the money—I felt among my halt-crowns for a sixpence—I felt myself rather pushed behind—I turned, and saw Buckingham behind me—I paid for my peas and left the cart-when I had been gone for two or three minutes I missed all my money but eighteen pence—I said to my husband, "I have had my pocket picked"—he and I returned to the man at the cart—he directed us down the road—I turned and saw the prisoners-Leighton saw me, and ran away, and hid himself under a stall—I collared Buckingham, and I gave him in charge to my husband, while I went to look for a policeman—I lost four half-crowns and two shillings—it was all found.
Cross-examined by MR. DOANE. Q. What is your husband? A. A tailor—after I took my hand out of my pocket I observed myself pushed behind, and saw Buckingham behind me—this was in Tottenham-court-road, which is quite a market-place.
MARK HOLLIS . I was selling peas—I remember the witness coming to me, and after that Leighton came and asked the price of peas—I told him sixpence a peck—he remained about a minute, and then went away—I did not observe the other prisoner, but I saw there were two boys—this lady then came back, and said she had lost her money, and while she stood a few minutes I saw these two boys together, by "the grocer's—she collared Buckingham, and Leighton ran away to a stall—I took him from behind the stall, and took him to the other, till we got a policeman.
Cross-examined. Q. Two or three minutes elapsed before the witness came back and said she had lost her money? A. Yes—I did not see Buckingham selling any thing there.
THOMAS SIBSEY (police-sergeant S 16). The two prisoners were given into my custody—I asked Leighton what money he had about him—he said, ninepence, which he produced—I then searched him, and between the lining of his hat and his hat, I found two half-crowns and one shilling—I asked Buckingham what money he had, he said, six shillings, which was two half crowns and one shilling, which he gave me—I found no more on him but one penny.
Cross-examined. Q. Buckingham gave you a correct account, and gave you the money? A. Yes—he said it was his wages-Leighton said he put his money in his hat to hide it from his mother—he said he had sold boxes, but there were no boxes about.
CHARLES BURGESS GOFF (police-constable L 31.) I produce the certificates of the prisoners' conviction, from Mr. Clark's office—(read)—I was present when the prisoners were both tried on the same indictment, for stealing from the person in the Park.
LEIGHTON*— GUILTY . Aged 16. BUCKINGHAN*— GUILTY . Aged 16.
Transported for Ten Years.
REBECCA MAZZA . I am the daughter of Vincent Mazza, he keeps a shop in Norton Falgate. On the 4th of August I was in the shop going into the parlour—on turning round I saw the prisoner with the boa round his arm—he ran off—I pursued him—he turned down White-lion-street-when he got a little way down, he threw down the boa, and I picked it up—I did not lose sight of him—he was taken by Tayler, but he is not here—this is my father's boa.
BENJAMIN BEAVIS . I am headborough of Norton Falgate. I saw the prisoner running away—he dashed past several persons-at last he was secured by Mr. Tayler, and given to me—I took him back to the shop—on the way another boy picked up his cap, and gave it to him.
Prisoner's Defence. I was going by the shop—the boa was chucked round my neck, and I chucked it off.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined Three Months.
1960. CAROLINE BUNNIT, ANN JONES , and MARGARET MAHONEY , were indicted for stealing, on the 5th of August, 1 sovereign, 2 shillings, and 1 sixpence, the monies of John Stanley, from his person; and that Bunnit had been before convicted of felony.
JOHN STANLEY . I am a bricklayer. On the 5th of August I was with a brother workman, named Wyard, (who is not here,) in Whitechapel-road, about half-past twelve o'clock on Sunday morning—we met with Jones and Bunnit, and accompanied them to a house—I agreed with Bunnit to give her 2s. to pass the night with her-when we got to the house, Bunnit and I went to bed—I do not know whether Jones and my friend went into the same house-when Bunnit had been with me about half an hour, she said she wanted some supper, and she went down—she came up after that, and I fell asleep-when I awoke she was gone, and I had lost my money, which I had had in my right-hand breeches pocket—I had had a sovereign and two shillings and sixpence—I had not taken off my clothes, only my hat and my shoes, and laid down on the bed—I am quite sure my money was safe when I paid her the 2s. in the room—I went for an officer, and found Jones and Bunnit in a public-house, drinking at the bar-in going to the station-house there was a bit of a row-when I missed my money in the room, a young woman came and awoke me—I cannot say who she was—I did not see Mahoney or Jones in my room.
JURY. Q. Were you sober or drunk? A. I had had two or three pints of beer—I knew very well what I was about.
ALLEN PIPE (police-constable H 51.) On the morning of the 5th of August, before one o'clock, I went to No. 13, Rose-lane, where I found the prosecutor—he said he had been robbed, and named the money-his pocket was cut out—he gave me a description of Bunnit—I told him to come with me—I went to a public-house at the corner of Wentworth-street, where I found Bunnit and Jones—I had seen them knocking there before—it was then about two o'clock—I took Bunnit to the station-house, and said to Jones, "You had better come with us"-in going along I saw Bunnit was putting something into her mouth—I said, "What is it?"—she said, "A shilling"-Mahoney came up and took some money from her—I took Mahoney about five o'clock—they all lived in the same house-Bunnit lives in the first-floor front room—I found some silver, but no sovereign.
Bunnit's Defence. He came to the public-house and laid he wanted me—he took hold of one hand first, and then he took both my hands, and one shilling was passing through my fingers—I dropped 1s. 3 1/2 d., and when I got to the station-house I gave up all I had, which was 2s. 2 1/2 d.
BUNNIT— GUILTY . Aged 18.— Transported for Ten Years.
JONES— NOT GUILTY .
MAHONEY— NOT GUILTY .
WILLIAM SANDERS (police-constable M 170.) On the 16th of August, I was on duty in Palace-yard—I saw the prisoner there and watched him for three hours—I saw him take one handkerchief out of a person's pocket, and return it again—he stood by the prosecutor for three quarters of an hour, and I was close to him—the prisoner then took this handkerchief from him—I closed his hand, and seized him directly with it—I was in plain clothes.
Prisoner's Defence. I picked it up to give it to the gentleman, and the officer took me—I had been talking to the gentleman a long time, and telling him who the different carriages belonged to.
GUILTY . Aged 22.— Transported for Fourteen Years.
MARY DOUGLAS . I am a widow, and live in Albion-street, Waterloo-town, Bethnal-green. The prisoner is my son—I have three boys and one girl—the prisoner is the eldest—he lived at home with me—on the 2nd of March I missed the articles stated in the indictment—I spoke to him about them—he said he had taken them away because he had got into bad company—the property was found at the pawnbroker's.
Prisoner. I hope you will send me to the Penitentiary.
GUILTY .* Aged 13.— Transported for Seven Years.
RICHARD NANGLE . I am a bookbinder. I was near the House of Lords on the 16th of August, between two and three o'clock in the afternoon—I felt something drawn from my pocket—I turned, and the officer said that one of the prisoners had my pocket-book-Whitehead had it—it had been in my coat pocket—this is it—(looking at it.)
WILLIAM HOLLAND . I am a policeman. I was on duty in plain clothes, and saw the two prisoners standing talking together-Cooper pointed to the prosecutor's pocket, and then Whitehead went to the pocket, lifted it up, put his hand in, and I saw him handling something red—I took him, and another officer took Cooper—I took the pocket-book out of Whitehead's hand the moment he took it out of the pocket-Cooper might not have seen him take it—they were not talking together a second hardly.
Whitehead's Defence. I was standing to see the Queen—the officer said he saw me with the pocket-book.
WHITEHEAD— GUILTY . Aged 14.— Transported for Ten Years.
COOPER— NOT GUILTY .
AGNES GOODWIN . I am the wife of Lawrence Goodwin, of Upper Cornwall-street, St. George's-in—the-East. On the night of the 12th of August, the prisoner was very much in liquor, and a neighbour brought him to me and asked me to give him a bed—I gave him one—I wanted him to go away the next morning, but he said his feet were blistered and he could not go—I left him there on Sunday morning, while I went out for an hour and a half-when I came back I found my back door open, and he was gone out—these are them, and these trowsers were missing—(looking at them.)
WILLIAM SHAW . I stopped the prisoner offering these trowsers for sale at a marine-store shop, on the 13th of August—I asked him whether they were his—he said, "Yes," that he brought them from on board a vessel-seeing they were not made I asked him how that was—he said he was so hard up that he could not get on any further with them—I took him to the station—he came home in the Maria from the East Indies—the vessel was in the Dock at the time.
Prisoner's Defence. I was drunk-how I got into her house I do not know.
GUILTY . Aged 39.— Confined Eight Days.
1965. NATHANIEL WARE was indicted for stealing, on the 20th of March, 3 blankets, value 14s.; 2 pillows, value 6s.; 2 sheets, value 8s.; 5lbs. weight of feathers, value 7s.; 1 flat-iron, value 8d.; and 2 keys, value 1s.; the goods of Charles Oborne.
and Palmer, took a lodging of me—he took them for his wife, his daughter, and himself—the daughter's name was Read—they came between twelve and one o'clock on the 10th of March—they hired the back room on the second floor by the week—he was to pay 4s. 6d. for the room for him and and his wife, and the daughter was to pay 18d. a week to sleep with my daughter—the prisoner occupied the room with his wife—the things stated were let in the ready-furnished room, with other things besides—they ran away from my house with the key of the door—he was in my house three weeks, or nearly a month—I only received 9s. 6d. rent—I went in the room the day after they were gone, and it was stripped of every thing—the women were prosecuted on another charge—the prisoner was not taken up till lately—we could not find him before—the flat-iron and the pillow were given up to me at the trial of the women, and I have them at home now—the rest of the property is totally lost.
RICHARD BRADSHAW . I am a policeman. On the 10th of March there was a robbery committed in Orchard-street—I was employed, and I took the two women—I then heard of this robbery, and the prisoner was indicted; last Sunday I went down to Minchinhampton, in Gloucestershire—I took the prisoner there on Tuesday—I told him it was for robbing Mr. Oborne—he said "I know nothing of it"—he then said, "I thought they were her own things"—I said, "She passed as your wife"—he said, "She was not"—he then said the property was pawned in four or five different places.
Prisoner's Defence. I did not know any thing of stealing these things—I looked into the box the day before I left, and saw the duplicates—I had inquired about it, and the woman said Mrs. Oborne had borrowed them for a day or two—I said, "Very well; I will put up with any thing for her" I oaly left my wife and family on Tuesday last.
GUILTY . Aged 41.— Confined Six Months.
GUILTY .— Confined Three Months.
GUILTY .* Aged 12.— Transported for Seven Years.
THOMAS COX . I live in Barlow-street, and am a cabman. On Friday night, the 17th of August, between eleven and twelve o'clock, I had left my cab at the watch-house, in Bishopsgate-street, while I went in to get the address of a gentleman who had not paid me—I came out and went on to the Bank—I then missed my coat off my cab—I went back to the watch-house, and before I stated what I had to say, two men said they had got the man there—my coat has not been found.
the driver's seat was a drab great coat with white pearl buttons—I went on to the corner of Wormwood-street—I there saw the prisoner and another man, and two women—the prisoner was going on with a great coat, which I considered to be the one I had seen on the cab—I said, "Where did you get that?"—he threw it at my feet, and ran off—I was some time before I could get my legs away from the coat—I then ran after the prisoner down to London-wall, where he was taken by an officer-while I was gone, some one had picked up the coat, and taken it away—I went to the watch-house, where I had seen the coat, and while I was there the cabman came and said he had lost his coat, and I told what I had seen.
GUILTY . † Aged 26.— Transported for Seven Years.
GEORGE HYDE . I am a baker. On the 16th of August I was opposite the House of Lords, about three o'clock—I felt a tug at my pocket—I turned and saw a policeman, who had hold of Farrer with my handker-chief in her hand-both the prisoners were there—this is my handkerchief—it had been in my coat pocket.
THOMAS DOWSING . I am a policeman. I was there in plain clothes—I saw the two prisoners in conversation together before this happened—I kept my eye on them—I saw them get as close as possible to the prosecutor—I saw Farrer put her hand into his pocket, and take the handkerchief partly out—she then lifted up the coat, and took it quite out—she was about to hand it to Smith, and I took her with it.
Farter's Defence, He took it out of the gentleman's coat, and put it into my hand.
FARRER— GUILTY .* Aged 18.— Transported for Ten Years.
SMITH— GUILTY . Aged 17.— Confined Three Months.
CHARLES BURGESS GOFF . I am a policeman. I was on duty near the House of Lords—I saw Jones near the Abbey—I followed him from there till he got to tbeend of Charles-street, where he joined the other prisoner, who was behind the prosecutor—I then saw Lloyd take the handkerchief from the prosecutor's pocket—my brother-officer took them both—I was in plain clothes.
Lloyd. I was standing, looking at the Queen—the policeman shoved me back, and took me—I did not touch the handkerchief.
Jones. I was caught hold of by the officer, and my hat fell off—the people saw my hat off, and put the handkerchief in it.
LLOYD— GUILTY . Aged 17.— Confined Six Months.
JONES— GUILTY . Aged. 16.— Transported for Ten Years.
OLD COURT.—Monday, August 27th, 1838.
Third Jury, before Mr. Sergeant Arabin.
1971. HUGH HENRIGHT was indicted for feloniously breaking and entering the dwelling-house of John Jupp, on the 21st of August, at St. Giles'-in—the-Fields, and stealing therein, 1 watch, value 13l. 10s.; and 1 watch-chain, value 1l. 7s.; the goods of the said John Jupp; to which he pleaded
GUILTY . Aged.— Transported for Ten Years.
GUILTY . Aged 23.—Recommended to mercy.— Confined Six Months.
GUILTY . † Aged 31.— Transported for Seven Years.
GUILTY .* Aged 12.— Transported for Seven Years.
1975. MARTHA DAVIS was indicted for stealing, on the 15th of August, at St. Paul, Co vent—garden, 1 handkerchief, value 1s.; 1 pair of stockings, value 1s.; 1 towel, value 6d.; and 24 sovereigns, the goods and monies of Israel Russell, her master, in his dwelling-house.
MR. CLARKSON conducted the Prosecution.
ISRAEL RUSSELL . I live in King-street, in the parish of St. Paul, Covent-garden, and sell various articles of gold and jewellery. On the 9th of August my wife engaged the prisoner as servant of all work—on the 15th I and my wife went into the City—I delivered to my sister 24 sovereigns, which I had received, and desired her to lock them up in a drawer in the bed-room-while I was in the City, about half-past twelve o'clock at night, I received information, and instantly went back to my house—I found two or three drawers open, and the prisoner gone—we had engaged her by the year.
ELIZABETH RUSSELL . I am the prosecutor's wife. On the 15th of August I was in the City with my husband—on receiving information, he went home—I followed, and missed several articles which I have since seen in the possession of the policeman-here is a silk handkerchief, a pair of worked cotton stockings, and a towel, which are our property, and which I had seen in the bed-room while the prisoner was with us.
CATHERINE ALEXANDER . I am the prosecutor's sister. I remained at home in charge of the house—I had 24 sovereigns in gold, which I placed in a drawer in the bed-room next to the parlour—I locked the drawer, and put the key in my pocket-about ten o'clock in the evening the nursery. maid asked leave to go out—I did not hear anything, but in about half an hour I went into the kitchen, and saw the prisoner at her box—I desired her to shut the kitchen door—she said, she would rather have it open for the air-in a short time the bell rang three times, and it was not answered-thinking the prisoner must be asleep, we went down, and found a light burning in the passage, close to the wainscot, and the prisoner was gone—I proceeded to the bed-room, and found all the drawers open, and the sovereigns gone—we found a false key on the carpet, which opened the drawer.
GEORGE SHERLOCK . (police-constable C 143.) On Thursday morning, the 16th of August, the prisoner was brought to me by two females, who said she had a deal of property on her—she was quite drunk—I found 21 sovereigns, 1 half-crown, 3 sixpences, and six pence in copper, in her pocket, and I found in her box articles which Mrs. Russell indentified.
Prisoner's Defence. Mrs. Russell told me to go away the day before—I said I would go if she would give me a month's wages, which she had agreed to—she refused—I said I should wait till master came in, and ask him for my wages—Mrs. Russell used a good deal of ill language—I said, I would go away, and packed up my things-next day I asked her for my wages, and said I must go, and asked her to look over my things—I had given the other servant a bundle of clothes to he washed, which, if I had meant to run away, I should not have done—I called a coach, and left, but could not find a lodging—I wanted a policeman to take care of me till the morning—my box was taken to the station-house, and these things found in it—the old stockings my mistress gave me—the handkerchief, towel, and money, are my own.
MRS. RUSSELL. (re-examined.) I did not give her the stockings or any thing.
GUILTY .— Transported for Fourteen Years.
Before Mr. Justice Bosanquet.
MR. PAYNE. conducted the Prosecution.
GUILTY of an Assault. Aged 32.— Confined Two Years.
Before Mr. Justice Coleridge.
JOSEPH KENT . I am in the service of George William Lenox, of Angler's-lane, Tottenham. On Sunday, the 29th of July, I saw his bay gelding safe about half-past three o'clock, in the field adjoining the house—the field also joins the highway—it was loose except haying a log its leg—there is a gate to the field leading to the highway—it was fastened with a chain and wooden peg, but not locked—I missed the gelding on Monday, at half-past seven o'clock—I found the log partly in a pond at the bottom of the field-not near the highway—I know the prisoner by his being employed at hay-making with us the previous week—he was working
in the same field, one part of which is parted off with hurdles for cattle—we saw marks in the field as if the horse had been dodged about—it was a difficult horse to catch without corn—I saw it again on Monday the 30th at Hatton Garden—I am sure it was the same horse.
WILLIAM CHING . I am a policeman. I saw the prisoner in Upper-street, Islington, about a quarter before twelve o'clock, on Sunday night, the 29th of July, riding on a gelding—I suspected it did not belong to him, and asked him to whom it belonged—he told me, it belonged to Mr. Rhodes, of the Green-lanes, Tottenham, and he was taking it to Smithfield—he afterwards said it belonged to himself—I said I should detain him—he said he had bought it at Smithfield for 7l., and was going to take it there again—I detained him, and took him to Hatton Garden-next day Kent identified it there.
Prisoner's Defence. I was coming along the road a man overtook me, riding a horse, and he had this horse in his hand—he asked me to take this to Smithfield for him, I told him "Yes"—he said he would give me half-a-crown to take him to the Ram, Smithfield—he said he had to go another road, and would meet me there, and of course it was my horse, while I was paid for taking it there.
GUILTY . Aged 25.— Transported for Ten Years.
Before Mr. Justice Coltman.
MARGARET MILLER . I live in Cole-lane, in the parish of St. Paul, Shadwell I have one room for my own use, and let out the rest to lodgers—the prisoner's father rented a room of me, and the prisoner lodged with him—on Saturday, the 4th of August, I went out between six and seven o'clock—I locked the door of my room—I returned before seven o'clock, and found the door locked, as I had left it—I went in, and found a chest drawn out from under the bed, and missed a shawl—I could not tell how any one had got into the room—it is up one pair of stairs—the window has no fastening to it, but I shut it down before I went out, as it rained.
WILLIAM DAVID RAWLINS . I am a pawnbroker, in Cable-street, Whitechapel. On Saturday evening, the 4th of August, between six and seven o'clock, the prisoner pawned this shawl for 4s.—I am quite positive he is the man—I saw him again on the Monday morning at the Thames-police-office.
JAMES MALIN . I am a policeman. I took the prisoner into custody on Saturday, the 4th of August, at a room in the prosecutrix's house—I found a key in the door of the room he was in, which I tried to the door of the prosecutrix's room, and it opened it—I found 4s. 1d. In his watch-pocket.
(Property produced and sworn to).
Prisoner's Defence. I know nothing about the shawl—I was working with my father.
GUILTY . Aged 20.—Recommended to mercy.— Confined One Year.
Fourth Jury, before Mr. Common Sergeant.
1979. JOSEPH HENRY, alias Philip Samuel , was indicted for breaking and entering the dwelling-house of William Mayes, on the 17th of August, at St. Mary Matfelon, alias Whitechapel, and stealing there in 1 watch, value 3l., and 1 watch-stand, value 1l., his goods.
WILLIAM MAYES . I live in Great Nag's-head-yard, in the parish of St. Mary, Whitechapel. On the night of the 17th of August, about seven o'clock, I went out—I locked my door and left the key in it—my wife was up stairs—I left a watch and stand in the house—I was not absent two minutes—I had seen the prisoner about an hour before-when I opened my door I found him coming out of my room—I immediately missed the watch, and charged him with it—he said he had it, and I might have it if I let him go—he had it in his bag, stand and all—this is it—(looking at it.)
Prisoner's Defence. I was drunk when I was there.
GUILTY of stealing only. Aged 19.— Transported for Seven Years.
1980. JOSEPH GARD and JOHN READ were indicted for stealing, on the 28th of July, at St. Giles-in—the-Fields, 2 coats, value 2l.; 1 pair of shoes, value 8s.; 1 table-cloth, value 6s.; 2 handkerchiefs, value 7s.; 1 shirt, value 1s. 6d.; 3 waistcoats, value 3s.; 9 pence, 30 halfpence, and 90 farthings; the goods and monies of James Methvin, in his dwelling-house; and afterwards, about the hour of three in the same night, burglariously breaking out of the said dwelling-house.
JAMES METHVIN . I am a baker, and live in Store-street, Bedford-squire, in the parish of St. Giles. On the morning of the 29th of July, I came down stairs before seven o'clock, and found the street-door of my shop opened from within—I was the first person down—I found the fan-light open—one drawer was taken out of the counter, and the money, which was left in the till, taken out—it was about 2s. worth of copper—my coat and waistcoat were taken from the parlour—these are them—(looking at them.)
Cross-examined by MR. DOANE. Q. What time did you go to bed? A. Before eleven o'clock—I had seen the waistcoats a week before the robbery. I rent the house.
ISABELLA METHVIN . I am the prosecutor's sister. I went to bed last on Sunday night, the-28th—the door was properly locked—my brother was down before me in the morning—the things were all in disorder—the fan-light was open, and that was open the night before—the door was open in the morning.
Cross-examined. Q. What time did you go to bed? A. About ten minutes before one o'clock—I came down a few minutes after seven.
HENRY GIBBS . I am a pawnbroker, and live in New Church-street, Newport-market. I have a waistcoat which was pawned by the prisoner Gard, on the 31st of July, and afterwards redeemed by Charles Watson.
CHARLES WATSON . I am a vice-maker, and live in Little Chapel-street, Westminster. On Tuesday week I was at the Mitre, in Church-street Portland-market, and saw the prisoners there-Read offered a waistcoat for sale—I never knew them before—they are the men-Read had black whiskers when he offered me the waistcoat, but they have grown very
short since—there were five of them in company-Gard said nothing about it till after Read had done, and then he went and pawned the waistcoat, and I gave Gard 6d. for the duplicate-Read said I had not given it to the right one, but it was all one-Gard heard him say that—I redeemed the waistcoat afterwards.
Cross-examined. Q. How long had you been in the house? A. From about one o'clock till half-past one in the afternoon—it was the 31st of July—I pawned it again on the 1st of August—I had been there about ten minutes before I saw the prisoners—I was having my pint of beer—I have made no mistake—I do not know a man named Wilkinson—there were five persons there—I spent 2d. and they spent 2d., and we had a pot of beer—I am quite sure it was not Gard who offered the waistcoat in the first instance, it was Read.
Gard. I took the waistcoat into the public-house, and offered it to that man for sale-Read was coming by and had a pot of beer.
HENRY EDWARD WOODRUFFE . I am a clothesman, and live in Carlisle-street, Portman Market. On Saturday week, somebody brought me a blue waistcoat for sale for 1s.—I offered 6d., but gave 9d. for it—I cannot speak positively to the man, but I believe Read to be the man—he had dark whiskers at that time.
Cross-examined. Q. What day was it? A. On a Tuesday or Thursday, about the 31st of July—I have expressed a doubt about Read's being the man—the Magistrate ordered him to put on a plaid waistcoat, and after that I had no doubt at all about him—the Magistrate did not upbraid me for my swearing—he might have expressed his disapprobation—I do not know what his opinion was—I do not think he blamed me for the manner in which I swore about Read—he may have done it—I do not recollect it—I said he had on a plaid waistcoat and dark trowsers.
EDWIN BAXTER . (police-constable E 115.) On Tuesday, week, the 31st of July, about five o'clock in the afternoon, I saw Gard go into Jenkin's shop, in Church-street, which Gibbs comes from—I afterwards went there and saw a waistcoat.
THOMAS AMOS . (police-constable E 116.) On Saturday, the 28th of July, I saw the two prisoners in Store-street, at a quarter before ten o'clock-Gard was dressed as he is now, but Read was dressed differently, and had dark whiskers—I ordered them away.
Gard. I was taken into custody on the Thursday after the robbery, and on Friday morning before the Magistrate that man could not recognise me at all. Witness. I recognised him directly I saw him.
Gard. On the Tuesday following he said he could recognise me, and three or four more along with me, that he saw me first a quarter before ten o'clock, and next time he saw me coming out of a public-house at half-Past twelve o'clock—that I gave a whistle on seeing him, and ran away, and that he came across the road and saw Mr. Methuin's fan-light open—the Magistrate said, "Why not watch the house, then, if you saw the fan-light open, and heard the prisoner give a whistle?"—I was remanded till the Friday following, and then he said he could swear to Read and to me too—he said before he could not swear to Read at all. Witness. I swore to both as soon as I saw them—I did not see the fan-light open till after three o'clock.
Gard. He said at first it was a quarter before ten o'clock, and the next time we were at the corner of Store-street, in Gower-street—the Magistrate
said, "why did you order them away?"—he said, "Because they capered about'-and he said, "I can swear 10 Read by his curly Whiskers"—the Magistrate said, "Can you tell a man three hundred yards distant by his) curly whiskers?" and he said, "yes."
STEPHEN THORNTON I am a policeman. I took Gard into custody in Princes-street, Portman market—I told him it was for pawning a waist. coat—he said, "Me pledge a waistcoat! I don't know what you mean' I never pawned one"—my brother-constable came up, and identified him as the man he saw go into the shop—we took him to the pawnbroker's, and the pawnbroker identified him also—I then took him to St. Giles's station-house-in going along, I asked him what time he went to bed on Sunday morning—he said, "Me go to bed on Sunday morning! I went to bed on Saturday night, between ten and eleven o'clock"—I said, "Where did you sleep?"—he first said at his mothers, and then said he did not know where he slept—he said he lodged with Head, and I went to Read's house—I did not find Read there, but in searching the house I found a dark lantern, and this file, and these other tools—I have compared the tools with the places broken open in the house, and they exactly correspond with the till, and also the part of the file was broken in the prosecutor's iron chest-both the prisoners said they lodged there-Read paid himself that Gard lodged there.
Cross-examined. Q. You went on two occasions to the house? A. on three occasions—I brought away a bag on the first occasion—my brother. constable chalked over the door, that if the persons belonging to it would come to the police-office on such a day, and give a correct account how he came by it he should have it—Read came to the office the same day—my brother-officers identified him before he claimed the bag—I saw Read at his house after I had Gard in custody—I took the money out of a pair of leather breeches lying by the side of the bed.
Witnesses for the Defence.
ELIZABETH PHILLIPS . I am single, and am a laundress. I know the prisoner Read, and his mother—they live at No. 6, Caplin-mews, North-street, Marylebone—I was living there at the time in question, and slept with the prisoner's mother—I remember the Saturday night the robbery is said to have taken place—it was on the 28th of July—I am generally busy on Saturday night finishing my week's linen—I was so occupied on that occasion—I had a good deal to do that night—it was half-past eleven o'clock when I got home—I found the prisoner and his mother at home-when I got there, the prisoner Read was in bed—I sat up doing some washing which Mrs. Read had taken in—she was tired and could not do it—I was at work till four o'clock on Sunday morning—the prisoner's mother went to bad—I cannot say at what time—it was before I did—the prisoner was in bed during all that time—I had occasion to go through his room four or five times to get coals—he could not go out without passing through the room I was in—I swear he did not.
COURT. Q. Who do you live with? A. Mrs. Read, and with Mrs. King, a laundress, in Frederick-street, Portland-town—I always slept with Mrs. Read-nobody else—she has only one son at home, she has little boy—she has two daughters—they are both at home—the boy lives at a public-house, not at home—the daughters sleep on the floor in the room with their mother and me—they both slept in our room that night—they went to bed about nine o'clock—one is about ten years of age, and the other about five—they generally get up in the morning about the same time
as their mother, which is sometimes seven o'clock—the prisoner Read was in bed when I came home, by himself—he slept in the next room to us—I am obliged to go through our room to go to his-nobody else lodges in the house besides Mrs. Read and her daughters—there are stables underneath—I know Gard, but do not know any thing of him—I have seen him—I have not seen him for some time—I cannot tell how long—he slept there once or twice—I cannot recollect the last time he slept there—he used to sleep with George-George ate and drank with us-Gard did not—I was never at home only in the evening, and cannot tell—he did not lodge there altogether-George is a coachman.
Q. Did you see these files and things there, and the dark lantern? A. Yes, I saw the files—I did not see them in the room, that I am aware of—I never made the bed—Mrs. Read did-when I got home at half-past eleven o'clock Mrs. Read was not in bed—she opened the door to me—I sat down till the irons were hot—I sat against the fire-place—Mrs. Read sat down with me, it might be half an hour—I did not do any thing when she was down with me—I did not sup that night—I did not eat or drink any thing, nor did she while I was at home—Mrs. Read and I slept in the sitting-room, and Read in the next room, and there is a loft next to that—I had not begun to do any thing when she went to bed—she must have see the prisoner, because I believe she fetched him some bread and cheese before I came home—she did not speak to him before she went to bed—this was on Saturday night—I cannot say when it was they came after the prisoner-when I came home at night I heard he was taken, but did not hear what for—I inquired, but Mrs. Read could not say—I do not know when we heard what it was for—I cannot say whether it was a week-I, of course, felt interested about him, having known the family for the last ten rears—they came from the same part as I did—I did not know what he was taken up for—Mrs. Read did not know that night—I cannot say whether I knew it the next day, or the day after—Mrs. Read used to talk about it, but never said what it was for—I did not inquire—we heard it was for taking things from Tottenham-court-road-but never could make out what the things were—I heard it was on Saturday night, the 28th, and I said it could not be George, for he was at home—I suppose it was four or five nights after he was taken that I said that—I did not say that before the Magistrate, they would not let us in—I told the policeman I could tell he was not there—I told the door-keeper at Hatton-garden so, and he would not let me in.
Read. I asked the Magistrate permission for them to come in, and he said, no, they would not be allowed to speak there, they must come to Newgate.
EDWIN BAXTER . re-examined. I was present at the examination—the Magistrate asked if they bad any witnesses there, and Read answered, "No"—this was on Friday—I never heard the witness Phillips make an application to come in—I saw her there at the two examinations in the outer room—she was there on the 10th.
ELIZABETH PHILLIPS . (continued). I am quite sure Read was in bed that night—I am not certain whether he slept alone or had anybody with him the night before—I rather think Joseph Gard slept with him the night before and for three weeks or more—he did not lodge there constantly—he slept there a night or so—I have lived with Mrs. Read ever since the 2nd of May, when her husband died-before that I lived at 53, Seymour-place—I
forget their name—it was a woman, who keeps a tin shop near the Stingo—it is a house for lodgers.
MARY READ . I am a widow. The prisoner Read is my son-live in Caplin-mews, and have done so two years come February—I get my living by washing and charring—the witness, Elizabeth Phillips, lived with me four months—she is a laundress—there are three rooms in the house-Phillips, myself, and the children sleep on the first floor-George sleeps in the second room—the prisoner Gard sometimes slept with him for a short time—I remember Saturday the 28th of last month-Phillips was with me that night—my son went to bed a little before eleven o'clock—I went to bed about half-past eleven o'clock-Phillips had been in about a quarter of an hour before I went to bed—my son was in bed when I went—I left Phillips up—I went to sleep—I got up about six o'clock in the morning—I saw my son then.
COURT. Q. What time did the young woman go out next morning? A. Nine o'clock—she goes out to work as a laundress—she did not go to bed when I did, as I had work I wanted done, and she sat up during the night to do it—she eats and drinks with me—we had some bread and cheese for supper that night when she came home—I ate with her—we had nothing to drink but toast and water, or something like that—I believe we did have toast and water that night, but I do not exactly recollect—we do not often drink much of any thing—we had the bread and cheese almost directly after she came home—I made my son's bed—I saw him in bed that night—I believe he was asleep when I went to bed—I did not examine particularly-Gard was with him in the morning—he was not it home while I was up-but he was in bed at six o'clock in the morning with him—there is only one way in and out of the house—they came through my room to go to theirs—I was not up when Gard came home-Phillips must have let him in.
Gard's Defence. I went in between twelve and one o'clock that night—the young woman was ironing at the time—there is no occasion to be let in-you first have to open the door of their room and not go right through it, but turn to the left and there is a door to his room—I will tell you how I came by the waistcoat—on the Monday after the robbery was committed, I was in the Duke of Clarence public-house-a young lad brought a waistcoat and offered it for sale—he offered it to two or three, and then offered it to me—I asked what he wanted for it—he said two shillings—I looked at if and thought it would suit me by altering, and offered him eighteen-pence which he took—I took it home-thinking it would cost too much to alter it, I thought I would pawn it—as I went along I went into the Mitre public-house, and a young man there wanted to buy it—the tinker said, "How much do you want for it?"—I said, "You may have it for eighteen-pence, which is what I gave for it'—he said, "All I have is sixpence and a few halfpence, but if you like to pawn it for a shilling I will give you sixpence for the ticket, and you shall stand a pint of beer and I will stand a pint"—I went and pawned it—and we both stood a pint of beer.
GARD— GUILTY . Aged 18.
READ— GUILTY . Aged 21.
Transported for Ten Years.
ROBERT BOND . I live at West End, Hampstead. The prisoner was in my employ—on the 3rd of August, I lent him a cart to get manure—there was a mare in it—it was in a perfect state when he went away-when he brought her back she had a very deep wound under her throat, cut with a sharp instrument—it appeared a stab—I asked him how he came to think of stabbing the mare—he said, "Lord bless you, Sir, I would not do any thing of the sort to the dear animal"—I took it out of his charge and gave it to another man—I told him he must answer for his conduct—I sent my son for an officer, and while he was gone the prisoner made his escape.
Cross-examined by MR. DOANE. Q. I believe the mare was able to work next day? A. It has worked since—I think the wound would have killed it if it had not glanced aside—it was about an inch and a half deep, and about as long—it might very likely be done with such a knife as labourers use to cut their victuals with—he had brought one load home when I saw the mare—I had not seen him for an hour and a half.
WILLIAM LIVOCK . I live in East-street, Hampstead. On the 3rd of August, I saw the prisoner stab the mare with a knife—I crossed the road directly—I saw him hold the wound with his fingers, he said, "I am sorry for what I have done"—he was very drunk, but it seemed to sober him after he had done it.
NOT GUILTY .
1982. SARAH MILLER was indicted for feloniously breaking and entering the dwelling-house of Thomas Walker, on the 22nd of August, and stealing therein, 1 sheet, value 2s. 6d.; 1 towel, value 6d.; and 1 table-cloth, value 1s.; the goods of Maria Walker: and 1 pair of trowsers, value 4s.; 1 waistcoat, value 1s.; 1 shirt, value 2s. 6d.; and 2 handkerchiefs, value 4s. 6d.; the goods of John Young.
MARIA WALKER . I am a widow, and live with my son, Thomas Walker, in Crown-court, Shadwell. On Tuesday morning, the 2nd of August, between eight and nine o'clock, I went out—I bolted the back door with two bolts, locked the front door, and left the key at a neighbour's-all my things were safe then—I left nobody in the house—I returned on Thursday evening, and found the house in confusion—the back door and every thing was fast—I missed things from my bed-room—I cannot tell how any one had got in—I found nothing broken—I missed all the property stated.
THOMAS WALKER . I live with my mother. On Thursday morning, at a quarter before six o'clock, I left home-John Young, who lodges in. the house, had occasion to go backwards, and I told him to fasten the doors, but I did not see him do it—I returned at a quarter past twelve o'clock, and found the back door unbolted.
JOHN YOUNG . I bolted the door when I came out of the yard, and left it ten minutes before six o'clock—I came back in the evening, and found Mrs. Walker at home—the bolt I left fast anybody could open with a knife.
Prisoner. Q. You have known me some time? A. Yes—we always wrote her ticket "Ann."
Prisoner's Defence. I bought the shirt for 1s. 9d., on the Wednesday,
in Rosemary-lane, with some other things—there is no mark on it the prosecutrix can point out, but she told the Magistrate she knew it by her work—she told the neighbours that she suspected the young man had brought in an improper character to sleep with—I live next door to her.
NOT GUILTY .
1983. WILLIAM HILLIAR was indicted for stealing, on the 19th of May, at Fulham, 2 sheets, value 1l.; 1 cloak, value 12s.; 1 pair of trowsers, value 12s.; 1 pair of breeches, value 12s.; 1 coat, value 1l. 10s.; and 1 jacket, value 1l. 14s.; the goods of Edward Baxter, in his dwelling house.
EDWARD BAXTER . I am a cowkeeper, and keep a house at Northend, Fulham. On the 19th of May a lad, named Shorter, who was in my employ, left me, without any notice—I had before that the property stated in the indictment in my box—I left home that morning, with ray milk, about seven o'clock-Shorter had the key of the front gate, and the key of that gate fitted the stable—he had the key of the house—I returned about nine o'clock, and found my box broken open, and my things gone, and Shorter also—the house door was left open, and the gate locked—(looking at some things)—these are part of the things I lost—the value of them all was 6l. nearly—I am sure it was above 5l.—I know the prisoner—I had seen him the day before, the 18th, with Shorter, but never again till he was at the station-house, three or four months afterwards—I knew him as having seen him with Shorter on the 18th in the field.
Cross-examined by MR. KEENE. Q. Was he dressed the same at the station-house? A. No—he had brown clothes on, and the day before the robbery he had a cap and a brown long coat—he was with my boy, and I asked him what he did there—he said he had no work to do, and had no victuals, and was in great distress—I carried my boy a good breakfast, and he gave him part of it—Shorter is a short, thick, old-fashioned looking fellow, quite a lost lad, and he has rather a scabby face—I can identify all the property here—it is not all I lost—I should value this at about 30s.
SARAH BROWN . I am the wife of John Brown, and live at Northend, Fulham. On Saturday morning, the 19th of May, about half-past eight o'clock, as I was returning from my husband's breakfast, the prisoner came out of the alley, with a bundle under his arm—it looked like clothes pinned up—he turned round, whistled down the alley, and Shorter followed after him, with another bundle under his arm—they both joined together, and went towards Hammersmith.
DANIEL BAXTER FOLKARD . I am assistant to my father, who is a pawn-broker, at Brentford—I produce a pair of breeches and a pair of trowsers which were pawned on the 19th of May, for 3s.—I have not a doubt it was the prisoner, but I will not swear to him—they were pawned in the name of Edward Baxter, lodger, by his son.
Cross-examined. Q. You are not certain it was the prisoner? A. I have not a doubt of it—I could not swear to him—I told the policeman I recollected a little spot on his face—I do not see that now.
Cross-examined. Q. Did he say he recognised him in consequence of his having a mark on his face? A. No; to the best of my knowledge he did not—he said he was marked with the small-pox—that is all I recollect—he said he knew his features by that.
COURT. Q. Did you find any money on him? A. 8l. 18s. 1 1/2 d.
GUILTY of stealing to the value of 80s. only.*Aged 18.— Transported for Seven Years.
1984. RICHARD WOODWARD was indicted for a robbery on Eliza Greening, on the 7th of August, putting her in fear, and taking from her person and against her will, 1 umbrella, value 3s., the goods of Henry Greening.
ELIZA GREENING . I am the wife of Henry Greening, who is a writer, and live in William-street, James-street, Westminster-about half-past eight o'clock on the night of the 7th of August I was in Birdcage-walk, and met the prisoner—he used indecent language—I told him he was mistaken in the person, and told him to go on—he still accosted me, and I turned round to go back to his guard-room to complain of him, when he snatched my umbrella from my hand, and ran off—he took it by force—I could not resist, he took it so suddenly—I told a young man who stood by to run after him, which he did, and called "Stop thief!" and the policeman took him—this is my umbrella—(looking at it.)
Prisoner. Q. Did not you say I should be put into the guard-room if you complained? A., Yes; I said I did not wish to do any thing of the kind, but you still insulted me, and almost pulled my shawl off my back-you did not tell me when I was going towards the baracks that I should have any umbrella again-you ran off with it directly you took it.
JOSEPH BIRCH . I am a tailor, and live in Leicester-place. I was in Birdcage-walk, and saw a soldier and a female standing there—I had not gone many yards before the female called out that the soldier had taken her umbrella, and was going away with it, and asked me to go and get it from him—he was walking away with it—I called to him, and he commenced running—I called "Stop thief"—the policeman asked what was the matter—I said he had taken an umbrella, and he pursued him—he was little in liquor I think—it was the prisoner.
BASIL MIDDLETON . I am an officer. I heard the cry of "Stop thief!" and went up to Birch, who told me that the soldier had run away with the umbrella—I went after him, and overtook him in Cartwright-street—I asked him who the umbrella belonged to—he put his back against the rails, and tried to drop it down the railings—I took it up, and took him back to the prosecutrix—I asked if it belonged to her, and she said "Yet"—he said he had taken it for a lark.
Prisoner's Defence. I was in liquor at the time it happened, but as far as I can recollect, I met the female-what I said to her I cannot say—she said she would go to the barracks and report me—I think I took it out of her hand to prevent her going to report me.
GUILTY . Aged 35.— Confined Six Months.
1985. JOHN VIVIAN was indicted for burglariously breaking and entering the dwelling-house of John ThompSon, about the hour of ten in the night of the llth of August, at St. Luke, with inttet to steal, and stealing therein, 18 spoons, value 9l. 10s.; 16 forks, value 10l.; 6 knives, value 2l. 10s.; 3 ladles, value 2l. 10s.; 1 fish-slice, value 1l. 10s.; 1 coffee-pot, value 7s.; and two wine-strainers, value 5s.; the goods of the said John Thompson.
MR. PAYNE. conducted the Prosecution.
MARY CORNER . I am the wife of John Corner, and was in the service of Mr. John Thompson, of Albion-terrace, King's-road, Chelsea—the prisoner is my brother, and was in the habit of coming to see me about once a week or fortnight, at master's house—I saw him there on the Tuesday before the examination—on the Saturday night before I went before the Magistrate on Monday, I left the house between nine and ten o'clock—I will not be positive it was after nine o'clock—it was after eight o'clock—I had the care of the house—Mr. Thompson was out of town—I left no body in the house when I went out—I pulled the door after me, but I will not be positive whether it was shut—I came back before ten o'clock, and found the door shut—I opened it with a key, and went in, and missed the property stated in the indictment—it had been wrapped up is a leather-when I went out it was safe on a large table—I should think it worth about 20l.—I spoke to the policeman directly, and he came in and examined the house—my mother had been with me that day—on the Sunday morning, between nine and ten o'clock, I went with my mother over to Tooting to my brother's lodging—he asked us why we came there a early in the morning—my mother said we had lost some plate—he said he had not seen it—he at last took us to Wandsworth-common, kicked a turf with his feet, and there was the plate, wrapped up in the leather as before—we all three came along the road together, and met a policeman—my brother then turned away from us, and was going away from the common—the policeman went after him, and brought him back—he then came after my mother and me, and took us all to the station-house—I think the plate is master's—it is the same leather and the same plate that was in the box.
(The prisoner received a good character.)