CENTRAL CRIMINAL COURT.
ELEVENTH SESSION, HELD SEPTEMBER 17, 1838.
MINUTES OF EVIDENCE,
Taken in Short-hand
BY HENRY BUCKLER.
GEORGE HEBERT, CHEAPSIDE.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Held on Monday, September 17, 1838, and following Days.
Before the Right Honourable Sir JOHN COWAN , Bart., LORD MAYOR of the City of London; Sir John Vaughan, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir Edmund Hall Alderson, Knt., one of the Barons of Her Majesty's Court of Exchequer; George Scholey, Esq., Sir William Heygate, Bart, Sir John Key, Bart., William Taylor Copeland, Esq., and Thomas Kelly, Esq., Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City; James Harmer, Esq., and John Lainson, 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. ELEVENTH SESSION.
A star (*) denotes that a prisoner has been previously in custody—An obelisk (†), that a prisoner is known to be the associate of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, September 17th, 1838.
First Jury, before Mr. Recorder.
MR. PHILLIPS conducted the Prosecution.
WILLIAM HENRY COLLINS . I keep the Sugar-loaf public-house, in Drury-lane. In the beginning of June I employed the prisoner to collect lebts for me—Perryman owed me 4s. 4d., and Tweed ale 8s. 9d.—I gave the prisoner 2s. 8d. to take out summonses for them; 1s. 4d. for each summons—he had said, "I must trouble you for 2s. 8d.," and he went away on my giving him the money—on the Monday following he came and said, "Those summonses have not been attended to, I must trouble you for 4s. 4d. for two orders"—I gave him four shillings, two pence, and four halfpence, and he went away—I have never got the debts nor the money, which I gave him.
Cross-examined by MR. JONES. Q. Had you been in the habit of summoning parties. A. I had employed him once before, and I got the money for that, at the office—he told me himself that the summonses had lot been attended to.
COURT. Q. Did he state the names of the parties for whom he wanted the orders? A. Yes—Perryman and Tweedale.
MR. JONES. Q. Was his charge a percentage on the debts? A. Yes—he told me 1s. in the pound—he had collected a few debts for me before—I told him to summon the people to Kingsgate-street—Perryman worked in Wigmore-street, at a coachmaker's—that is not within the jurisdiction of the Westminster court—the prisoner told me it was in Kingsgate-street—I never knew where Perryman lived—Tweedale lived, I believe, in Compton-street, but he has moved.
JOHN PERRYMAN . I am a coach-smith, and live in James-street, Oxford-street. In January last I owed Collins 4S. 4d.—I saw the prisoner on the subject, and paid him the money in three instalments—here is the receipt he gave me—he wrote this all at one time—(bill read)—"Mr. John perryman to W. Collins, Dec. 4, 1837. To account due Dec. 26, 1836, 5s. 4d. Paid 1s. Left 4s. 4d. 29 Jan. 1838"—the prisoner never summoned me to the Court of Requests in Kingsgate-street—I never received any summons at all from him—I had no summons at all at Collins's suit, nor any was order served on me—I paid the prisoner the balance when
be gave me this paper—the first payment he put on a card in his pocket-book, and when I paid the whole he gave me that paper.
ROBERT TWEEDALE . I am a currier, and live in Wild-street. In January last 1 owed Mr. Collins 8s. 9d.—I paid it to the prisoner in four payments—the 24th of January was the first—I did not receive any summons from the prisoner, nor was any order served on me at Collins's suit—the last payment I made was on the 14th of April—I was present when Collins spoke to the prisoner about not paying over the money.
Cross-examined. Q. Where did you live on the 24th of January? A. In Compton-street—I do not know whether that is in the jurisdiction of the Westminster Court of Requests.
FRKDERICK BROWN . I am clerk of the County Court, Kingsgate-street, I have searched the hooks for the month of January, to see whether any summons has been issued for Tweedale and Perryman—the entries in the books are made by two parties, who are not here.
COURT. Q. Do you, from your own knowledge, know of any order or summons issued in these cases? A. I do not.
MR. PHILLIPS. Q. Would the summonses and orders be entered in that book in the course of business? A. Not the orders, but the summonses no order can be issued unless a summons has been issued—it is the courts of the office to require a proof of service before any order is issued.
THOMAS POCOCK (police-constable F 38.) I took the prisoner at the Great Western Rail-road, on the 20th of July—as we went to Bow Street I told him it was for obtaining money under false pretences—he asked who charged him—I told him, "Collins, of the Sugar Loaf, in Drury-lane—I made him no promise or threat—he told me he did it through distress he hoped Mr. Collins would forgive him, and he would repay it by intalments.
Cross-examined. Q. Was not what he said, "I kept the money through distress?" A. Yes—to support his family.
GUILTY .—Recommended to mercy.— Confined Three Months.
OLD COURT.—Tuesday, September 18th, 1838.
Second Jury, before Mr. Sergeant Arabin.
2091. LAURENCE DOYLE was indicted for stealing, on the 21st of July, 1 cart, value 15l.; 1 leaden cistern, value 5l.; 1 pair of springs value 2l.; I axle-tree, value 2l.; and 4 scroll-irons, value 5s.; the goods of Samuel Hawkins Jutsum.
MR. CLARKSON conducted the Prosecution.
SAMUEL HAWKINS JUTSUM . I am a wholesale butcher, carrying on business in Whitechapel. I have a shed in Harrow-alley, where I keep my carts. On Saturday night, the 21st of July, I had a green painted cart there, and a leaden cistern—the cart cost about 22l., and was new within eight months—the cistern was old, but perfect, and weighed between 4 and 5 cwt.—I had also a large truck there, which was turned on the tail-board, the springs, and axletree, and scroll-irons, were torn off from that, which I should think would take two hours to do, and taken away they were missed next morning—two or three days afterwards, Dudman came, and gave me information, in consequence of which, I found a portion of my cart—(looking at the tail-board)—I know this to be mine, by
its make, being made to my order, and I painted it myself after it was broken at one end—I have lost the other articles entirely—I have only Covered portions of the body of the cart—my name and address was on the tail-board when I lost it, which is now taken off—it was painted on it in large letters, two inches long—a man named Warwick was concerned in this, and was prosecuted last Sessions.
THOMAS DUDMAN . I am an officer. On the 25th of July I received information that Mr. Jutsum had lost his cart—I know a shed in Castle-street Whitechapel—Warwick, (who was convicted last Sessions,) and the prisoner, kept trucks in that shed—I searched it, and found there a portion of Mr. Jutsum's cart—a portion of a truck belonging to Mr. Botterill, and parts of several others—the portion of the green cart I have produced was found there.
SAMUEL EVERETT . I have been in Mr. Jutsum's service. On Sunday morning, the 22nd of July last, about half-past four o'clock, I saw the prisoner in High-street, Whitechapel, drawing a green cart—it was the way a person would be going from Mr. Jutsum's cart-shed to Castle-street—I knew it to be Mr. Jutsum's cart—I saw his name on it—I had driven it for three months myself, and knew it—I did not know whether the prisoner might not be in the prosecutor's service—there was another person with him—I watched the prisoner, and waited till he returned, which was not five minutes—I spoke to him—he gave me no answer, but walked away up Gulston-street—a day or two afterwards, hearing Mr. Jutsum's cart was stolen, I called, and informed him of what I had seen.
Prisoner. Q. Was it not your duty, if satisfied of my identity, to stop me, and give me in charge? A. I did not know whether you had a right to it—I knew you before, and knew you were not in Mr. Jutsum's service—you bad a butcher's frock with you—a man called big Bill was with you—we always call him so in Whitechapel—when lie saw me he kept behind—it was not Warwick—I had driven the cart three months, and knew it.
MR. JUTSUM re-examined. In my judgment it would require at least three men to carry away the property I lost that night.
HANNAH REED . I am single. On the 22nd of July I lodged in Castle-street, Whitechapel—about half-past six o'clock that morning I had occasion to go into the back-yard, which encloses a shed occupied by the prisoner—I saw the prisoner there, with a hammer and chisel, breaking up the body of a green cart which was on the ground—I saw the axletree and wheels standing against the wall—on the following day, Monday, at a quarter before eleven o'clock, I observed the prisoner take the axletree and wheels away—they were the same as I had seen in the yard on Sunday.
Prisoner. Q. How do you know it was the prosecutor's cart I broke up? A. I do not—it was a cart painted green—I did not see the name on it—the wheels were green.
Q. Did you ever see me roll wheels out before? A. No; I have seen you there before—I was in the wash-house at the time I saw you break the cart up—it was in the front shed—there are two sheds—I could see into the shed from the wash-house.
MR. JUTSUM. My wheels were green.
Prioner's Defence The prosecutor has brought a different witness to
swear against me to the one he brought against Warwick—lam taken for him, and he was taken for me—the first witness proves he saw me with the cart in Whitechapel, at such an hour, and the parties who swore to was wick swore they saw him with the cart in Whitechapel; why not have the same witness, instead of having contrary witnesses—the prosecutor has since this taken Everett into his employ on purpose to swear against meseveral others rent the place as well as me.
GUILTY . Aged 30.— Transported for Seven Years.
WILLIAM HOUGHTON BOTTERILL . I am in partnership with my father Thomas Botterill, and brother, in Northumberland-place, Commercial-road which is about a quarter of a mile from Castle-street; we are upholsterers, In June last I had a large green truck—on the night of the 25th our side premises were broken open, the lock taken away, and the truck also—I head of Mr. Jutsum's property being found, and went to the shed, where I found the whole of the body of my truck broken up—the springs, wheels, axles and all the bolts and nails were gone out of it—the body is here-(produced)—I am positive this is ours—I saw it at the station-house—I have lost all the valuable part of it.
SARAH WATERLOO . I live at 37, Castle-street—I have a shed at the back of my house—I let it to the prisoner—I cannot say the month, but it was about a month before Fairlop fair—I have been in the habit of seeing pieces of trucks in the shed since I let it to him, and now and then a bit of a cart—he said he mended trucks, and they were for the purposed of mending—about the Coronation-day I saw a large green-bodied truck them—it was a whole truck at that time—I did not see it brought in—the prisoner told me he was taking the wheels off to get it painted, to get it ready for Fairlop.
Prisoner. Q. Was it not a large truck with no front to it, and boarder up the sides like a butcher's truck.? A. It was this truck—you did not tell me you were going to make a large butcher's truck of it, and sell it—the shed is open all day—nobody brought trucks in but the truck you brought and the butcher's truck—it was not there for months before—you brought it a few days before Fairlop fair—I said to you, "What a pretty little van that is;" and you said, "I am going to prepare it for Fairlop fair."
Prisoner's Defence. I am in the habit of selling such things to get a living—I am quite innocent of this charge—I know nothing at all abort it—other people have the same access to the place, and could bring in a truck as well as me—nobody saw me bring it in, or take it out.
GUILTY .* Aged 30.— Transported for Seven Years more.
GEORGE OSGOOD . On the 10th of September, about two o'clock, I was waiting at London-bridge wharf for my son, who was coming by the packet, a young woman by my side said, "That boy has taken your box out of your pocket"—I put my hand into my pocket, and missed it—I saw the
prisoner running by—she pointed him out—I cried "Stop him"—he was brought back to me—I have not found my box—I am sure I had it just before.
CAROLINE HOLMES . I am a servant. I was at the London Steam Packet Wharf—I saw the prisoner there, and Mr. Osgood on my left-hand side—I saw the prisoner take the box out of Mr. Osgood's pocket—it was a silver snuff-box—he put it into his own pocket—I told the prosecutor—the prisoner ran away directly—he was secured and brought to me in three minutes—I know him to be the same person. The prisoner received a good character.
GUILTY . Aged 13.— Confined Three Months.
JOSHUA RAILTON . I am a carpenter. On the 3rd of September I was at St. Bartholomew fair with my wife, between three and four o'clock—I had my arm round her waist to take care of her, as the crowd was rather thick—the people began to disperse—I said, "We had better be off," and in dropping my arm down from her it came against the prisoner's wrist—his hand was in my wife's pocket—I said, "This man's hand is in your pocket"—she felt, and said, "My money is gone"—I collared him, and saw the money drop between his legs—I saw a half-crown among it, but could not pick it up for the crowd—he had got my wife's gown up, and could not get his hand out of her pocket, as there was a row of persons near, and it was like a solid substance—he could not get his arm back.
CAROLINE RAILTON . I am the prosecutor's wife. I was at the fair—I bad a half-crown and 3d. in my right hand pocket, not half a minute before my husband spoke—I saw the prisoner drop the halfpence, and then saw the half-crown in his right hand—my husband never let him go.
GUILTY . Aged 18.— Confined Three Months.
THOMAS CLARKE . I am a wire-worker, and live in Green Arbour-square, Old Bailey. On the 2nd of September, at half-past twelve o'clock at night, I was in Giltspur-street—I felt a tug at my pocket, turned round, and seized the prisoner, with my handkerchief in his hand—I called a policeman and gave him in charge—this is my handkerchief—(looking at it.)
Prisoner's Defence. The gentleman's handkerchief was hanging out of his pocket—he turned round and pulled it quite out.
GUILTY ,† Aged 17.— Confined Six Months.
keep a circulating library—the prisoner was our errand-boy—he received money on our account.
JEMIMA READ . On the 18th of August I paid the prisoner 2s. 6d. for newspapers, on account of his master, Mr. Borras—he gave me a bill receipted—I paid him another sum of 2s. 6d. on the 11th of August, and he gave me a bill and receipt for that.
MRS. BORRAS re-examined. The prisoner never paid me this money—I frequently asked him if these parties had paid, and he said they had not—I sent him several times to ask for the money—he always told me they had not change, or made some trifling excuse.
Prisoner's Defence. I did not mean to rob master, I meant to make it up—I was going to my sister's to get the money, and was taken up.
GUILTY . Aged 17.—Recommended to mercy.— Confined Three Months.
2097. ALFRED ARMSTRONG and JOSEPH ROOTS were indicted for stealing, on the 22nd of August, 1 ewe, price 25s., the property of William Smith. 2nd COUNT, for killing it, with intent to steal the car-case.
MR. RYLAND conducted the Prosecution.
THOMAS HUTT . I am shepherd to William Smith, who lives in the parish of Harrow. On Wednesday, the 22nd of August, he had some sheep in a field in the parish of Pinner—I counted them in the evening, and they were all safe—between six and seven o'clock next morning I went to the field, and one was gone—I found the head, skin and entrails, in a few minutes, about a hundred yards from where I had left the sheep—it was the skin of one of master's ewes, which had been safe over night—it had a dot on the rump, ruddled—I took it home, and it has been in Walker's, the butcher's, possession ever since.
JAMES GREENHILL . I am a constable of Harrow. On the 23rd of August I went with a search-warrant to Roots' house, he was not at home—I did not know he lived there then—I found nobody at home myself but his wife came to the house as his place of residence—Walker, Murch, and Roe, were with me—I remained outside the house—I saw them bring a quantity of mutton out, and it was given to Walker—I afterwards apprehended Roots at Merry hill-farm, the same day.
THOMAS WALKER . I am a butcher. I accompanied Greenhill to search Roots' house, and saw a leg of mutton, a shoulder, two parts of a neck, the scrag, and a piece of the brisket found—I had the skin given to me—I fitted the leg to the skin, and also fitted the shoulder to the joint—the leg and shoulder fitted, and tallied with the shank bones left in the skin—I have not a doubt they formed part of the animal—it was cut up very badly, not like a butcher would do it—it was very fresh, as if killed the night before—there was fat torn from the leg adhering to the skin, and the fat on the leg corresponded.
rail-road. I know the prisoners by working with them—on Wednesday, the 22nd of August, I was at work just by Armstrong—in the afternoon it rained and I went to shelter—he asked me if I should like to have a piece of mutton—I said, "Yes"—he asked what joint I should like to have—I said a leg if I had any thing, as there was something to cut from—next morning, about seven o'clock, I was going up the lane, and Armstrong came down to me, and said, "I have brought what we were talking of yesterday"—I asked him what it was—he turned away, and said, "I will bring it down to you presently"—I saw him afterwards showing Wade some meat, which he had tied in a smock-frock—it appeared to be mutton—I did not get any from him—he took it across the road, behind a hedge, and came away—he left it there, and went to work, and between four and five o'clock in the afternoon, I saw him fetch it away from behind the hedge.
SAMUEL WADE . I work on the rail-road. I saw Armstrong on Wednesday, the 22nd of August—Howland was with me—Armstrong asked us if we wanted a joint of mutton—I said, "Yes"—he asked what joint I should like to have—I told him a leg—he said, "You can't both have legs; Howland must have one leg, and you must have a shoulder"—he did not say when we were to have it—this was between three and four o'clock in the afternoon—next morning he said, "I have brought what we were talking about yesterday"—he went away, and came down the field with the mutton in a smock-frock—he opened it, there was one leg of mutton, and another joint—he took it across the road, and put it behind the hedge—I asked what he wanted for it—he said, 4s.—I said, "Do you want as much for the shoulder as for the leg?"—he said, "We will make that all right"—he went away towards his work, after putting it behind the hedge, and between four and five o'clock he fetched the bundle away.
JAMES ROE . I am a farmer. I assisted in searching Roots' house, and on Monday, the 27th, I searched Armstrong's lodging—he was in custody at the time—I understood he lodged there—I found a pair of trowsers there which I have here—there are a few spots of blood on them, between the thighs—he said they were his trowsers, and the blood on them was caused by his nose bleeding.
GEORGE LIVEY . The prisoner Armstrong was put into my care on Sunday, at the Castle at Harrow—he changed his dress, and his mother took away his clothes home to his house at Pinner—I have since seen the trowsers which have been produced by Roe—they are what he had on when I took him into custody—I know the prisoners lived where the different things were found.
JOHN GEORGE . I am employed on the rail-road. I saw Armstrong at work there on Thursday, the 22nd of August—he said he had a bit of mutton if I liked to take it—I was to give him 2s. for it—it was about 21/2 or 3 lbs.—he gave it to me, and I was to pay him for it on Saturday night.
Armstrong's Defence. These men say it was mutton I offered for sale, it was not mutton, it was venison—the trowsers got the blood by wiping my nose, which was bleeding, and rubbing my hands on them.
Roots' Defence. I was going to work at two o'clock on Wednesday morning, and saw something lying in a ditch, wrapped in a cloth—I
pulled it off, and saw it was some sort of meat—I took it home and found it was mutton—I did not know whether it had been killed or died a natural death—I put it behind the hedge till I went home at night—I met my wife, and told her, if she heard any inquiry about it, to tell where it was—she heard nothing about it, and I kept it and salted it—I never heard anything more about it till they came to take me.
ARMSTRONG*— GUILTY . Aged 24.— Transported for Fifteen Years.
ROOTS— GUILTY . Aged 39.— Transported for Ten Years.
2098. HENRY WILLIAMS was indicted for burglariously breaking and entering the dwelling-house of Thomas Nowland and another, with intent to steal, and stealing therein, 6 watches, value 150l., their property; to which he pleaded
GUILTY . Aged 25.— Transported for Ten Years.
GUILTY . Aged 50.—Recommended to mercy.— Confined Six Months.
JOHN PAGE . I am a shoemaker, and live in Hampstead-road. On the 17th of August, about half-past nine o'clock in the evening, I saw the prisoner take these shoes from my window, put them under his jacket, and walk away with them—I pursued him, and just as I was going to lay hold of him, he threw them at my feet, and ran away—I caught him again, without losing sight of him, and gave him in charge—these are my shoes—(looking at them.)
WILLIAM PALMER . I am a cheesemonger, and live close by. I was coming by at the time, and heard the cry of "Stop thief"—I saw the prisoner throw the shoes right down at my feet—Turner came and picked them up, and I said, "That is the boy who took them."
Prisoner's Defence. I did not take the shoes.
GUILTY . Aged 16.— Confined Six Weeks.
NEW COURT.—Tuesday, September 18th, 1838.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 15.— Confined One Month.
WILLIAM PAYNE . I live in Warren-street, Pentonville. About eleven o'clock at night, on the 11th of September, I was going up Snow-hill, and I saw some one behind me—I did not take particular notice of it—I found my pocket get lighter—I felt, and my handkerchief was gone—I saw the prisoner walking towards Skinner-street—I followed him, and told him he had taken my handkerchief—he denied it—this is it—(looking at it)—I should think not more than a minute elapsed from the time of my losing it till finding it—when I turned round, he was walking off—there was no one else near me, nor any one in the street scarcely.
JAMES PETERS . I live in Charterhouse-square. I was with the prosecutor—I saw the prisoner a few yards off—I saw him take the handkerchief from the prosecutor's pocket—he threw it from his hand after the prosecutor charged him with taking it—this is the handkerchief—he dropped it in the middle of the road.
Prisoner. The gentleman must Have dropped it from his pocket—I never touched it at all—there were more persons walking about besides me. Witness. I saw him throw it out of his hand—I picked it up close at his heels.
GUILTY .* Aged 19.— Transported for Ten Years.
2103. BENJAMIN GODFREY was indicted for stealing, on the 21st of June, 4 sovereigns, 1 half-sovereign, 9 shillings, 3 fourpenny-pieces, and 1 £5 note, the monies and property of Charles Coles, his master.
CHARLES COLES . I live in Bedford-street, Strand, and keep an eating-house. The prisoner was employed by me to clean knives and go on errands—on the 21st of June, I sent him to Mr. Tullock's, at the Adelphi, to receive 5s. 11d. he brought back a £10 note to be changed—I gave him the full change to take back—I never saw him afterwards till he gave himself up in the City—upon his giving me the £10 note, I gave him the change for the particular purpose of taking it to Mr. Tullock—the change was four sovereigns, one half-sovereign, nine shillings, three fourpenny-pieces, and one £5 note.
Prisoner. Q. What time did you send me to Mr. Tullock's with the dinner? A. About two o'clock, I believe—I sent you to receive the money in about an hour or an hour and a half after.
JOHN CHANNON . I am in the employ of Mr. Daniel Tullock. The prisoner brought the bill to Mr. Tullock's on the 21st of June—Mr. Tullock gave him a £10 note in my presence—he was to get change, because we could not get it in the neighbourhood—he never came back.
Prisoner. Q. What time did I bring the dinner to your house? A. About two o'clock—you came full an hour and a half after that for the money.
GEORGE GODFREY . I am inspector of the watch of St. Sepulchre. On we 20th of August the prisoner was brought to the watch-house by a patrol—he had given himself up for robbing his master—he stated to me that he had taken a dinner out, and they "had given him a £10 note to take to his master, who gave him the change, and he lost a sovereign, and was afraid to go back to his master.
Prisoner. I was in the act of changing a sovereign from one hand to the other, and dropped it.
GUILTY . Aged 16.— Confined Six Months.
JOHN APPLETON . I live in Leadenhall-street, my father keeps the Hercules public-house, next door to George Everingham. About nine o'clock. on the evening of the 3rd of September, I was at the bar of my father's house, and saw the prisoner standing outside our door, and looking at the trowsers and waistcoats at the prosecutor's—presently I saw the prisoner, and a man who was with him, take some trowsers—I saw them more away—I went out, and collared the prisoner, under the adjoining house I asked him to give up the things he had—he said he had nothing, and ran-away from me, and ran against a cart, and knocked his hat off—he ran-down St. Mary Axe—I called, "Stop thief," and he was taken—I saw him pulling at the trowsers—I did not see where he put them—I saw them be hind him.
Cross-examined by MR. PHILLIPS. Q. How near were you to the shop A. I suppose about eight feet from the clothes, which hung outside the door.
THOMAS LINTHWAITE . I was in Mr. George Everingham's, my employer's shop—these things were brought back, this one pair of trowsers and waistcoats were in a hat—these others were brought in afterwards they are all my master's, there is a private mark on them.
GUILTY . Aged 24.—Recommended to mercy.— Confined Three Months.
ROBERT BURKITT WYATT . I lire in Rutland-place, Charter house square, and am a surgeon. Between eight and nine o'clock, on the 26th of August, I was at the corner of Smithfield—something induced me to put my hand into my pocket,' and my handkerchief was gone—I had it within five minutes—I turned, and saw it in the hand of the prisoner—I collared him—I saw him concealing it in his coat—the patrol came, and secured him—in the meantime he had dropped the handkerchief, which was picked up by a person behind him, and given to the patrol—I did not see him drop it, as his person intervened.
(Property produced, and sworn to.)
GUILTY . Aged 21.—Recommended to mercy.— Confined Three Months.
LOUIS GRANT . I live on Holborn-hill, and am a clerk. About eleven o'clock, on the 3rd of September, I was at the fair at Smithfield—I saw the prisoner there—I received information from the officer—I felt my pocket, and found I had lost my handkerchief—I turned round, and found the prisoner in possession of the officer, with my handkerchief in his hand—this is it—(looking at it.)
Cross-examined by MR. PHILLIPS. Q. There is a knot in the handkerchief? A. Yes; I cannot say whether mine had one or not—I had used it half an hour before—there is no mark on it—I had been in the fair about twenty minutes.
CHARLES THORP . I am a patrol of Farringdon-ward. I was on duty in the fair, about half-past ten o'clock—I saw the prisoner following a gentleman he came to a lady and gentleman, and took a handkerchief from the lady's pocket—at last he came to the prosecutor, and took this handkerchief out—I immediately collared him—he took his hat off, and I saw four handkerchiefs in it—as I held him he drew a pocket-book from his right-hand pocket, and threw it away—I called to some gentlemen to take it up, but they did not—he then put his hand down to his left pocket, and got a purse out—I tried to get it, but it was got away by some one.
Cross-examined. Q. How did Mr. Grant identify it? A. He said it was his—he gave no reason for knowing it—I saw the prisoner pick three persons' pockets—there is no one here who saw the prisoner take the handkerchief.
(The prisoner received a good character.)
GUILTY . Aged 18.—Recommended to mercy by the Jury. Confined Six Months.
JOHN FOUNTAIN . I live in Falcon-square. On Saturday, the 25th of August, I was walking up Aldersgate-street with a friend—he was accosted by the prisoner, and stood talking with her for a minute—I walked on and went back—I was standing by her side a minutes and felt something at my pocket—I saw her hand going from my pocket—I took hold of her hand, and was about to blow her up, when the watchman crossed over and said, "You are up to your old tricks again"—and in her hand were three half-crowns and one sixpence—they were in my pocket before she took them.
Cross-examined by MR. CLARKSON. Q. What age are you? A. Twenty—it was between twelve and one o'clock at night—I am in the employ of Mr. Gould, of Cheapside, a staymaker—I left there at past ten o'clock—I had been walking with my friend till then—we had a pint of half-and-half—I saw her hand going from my pocket—she had her hand in my friend's pocket previously, but there was nothing in it—I caught her hand coming out of my pocket—there were three half-crowns and a sixpence taken out—she was about taking her hand out when I took hold of it—her hand was not to say right out of my pocket—I was not looking after, till I found her hand in my pocket—my back was towards her.
Cross-examined. Q. You had been talking to her? A. She stopped me, and I spoke to her certainly.
NOT GUILTY .
SARAH CORP . I live in Aldersgate-street, and am a widow I keep jeweller's-shop. On Saturday, the 8th of September, between seven and eight o'clock in the evening, the prisoner came and asked for some gold rings—I gave her one—it was too large—I gave her a second, and that was the size, but instead of returning it to me she gave me a brass one worth nothing—I am sure the one I gave her was a gold one—I acrossed her of it—she denied it—I sent for the watchman and searched her—he found nothing on her but one farthing, but as she was putting her clothes on, my servant found the ring between her fingers—that was the ring had given her—it is mine.
Prisoner. I was very much in liquor. Witness. No, she was very sober.
GUILTY .* Aged 29.— Transported for Seven Years.
CHARLES GOODINO CABBAN . I live in Carey-street, and am a law stationer—I was in Fleet-street on the 24th of August, a few minutes after seven o'clock—I had a snuff-box in my pocket, and missed it when I got to Temple-bar.
CHARLES THORP . I am a patrol. At twenty minutes past seven o'clock I was in Fleet-street. I saw the prisoner and two or three others attempting to pick this gentleman's pocket, at the end of Shoe-lane—I followed then to the end of Wine-office-court—one or two of them then went round the gentleman, who stopped to pick up his glove, and the prisoner lifted his coat and took this box—he ran off—I pursued, till he came to Mr. Willey'i the fishmonger's door—there he threw down this box, and I took him.
Cross-examined by MR. JONES. Q. Did you tell the Magistrate you saw the prisoner throw it away? A. I did—I am sure I saw him throw it down—I was quite close to him all the way—I have been a witness on two cases to-day—there was no particular crowd in Fleet-street, there were numbers of people passing—I went round the avenue by St. Bride's Church-yard—I did not lose sight of him for a moment—I could not see round the corners, but I could see him round the corners—I was two yards from him when he took this—I should have taken him then, but be ran across the road, and by the omnibuses—I knew him before.
GUILTY . Aged 19.— Confined Six Months.
past two o'clock on the 3rd of September, I was in Bartholomew Fair, near Richardson's show—there was a rush, and the prisoner came and snatched my pin from my breast—I collared him, but my hand was knocked away by some of his associates—he got from me—the pin was stropped—he was followed and taken.
Cross-examined by MR. CLARKSON. Q. How many people were around you? A. A great many—there was a rush—the transaction was momentary, because ray attention was called by the pull at my shirt—it was about half past two o'clock in the afternoon—I understood at the office that the prisoners was in the service of Mr. Dubois, a silk dyer—there were about one hundred people there, but they were all going one way—he was taken in about two minutes after he got from me—there was a person taken with him—he was remanded till Friday to get persons to his character, and he was discharged—I have not said that I had some doubt about him—never any thing of the kind—I had not seen him before.
HENRY BURGESS . I live in Marylebone-lane, and am a coachmaker. I was at the fair—I saw the prisoner and several more pushing about, and this prisoner took the pin from the prosecutor's bosom—I am sure of that—it dropped down the gentleman's bosom, and then the prisoner ran away—I ran after him, and he was given into custody.
Cross-examined. Q. Have you not said that you had a doubt about him, but you believed him to be dressed in the same way? A. No, never—I hive not said that I could not swear to him—I never said that I lost sight of him, to the best of my recollection—I did lose sight of him of course—I was looking at the coaches—I went to see the fair proclaimed, and to look at the Sheriffs' carriages—I gave charge of another man—he was not very respectable—I did not say that the prisoner was" dressed like the man—that I lost tight of him, and could not positively swear to him, nor any thing like it—I work for myself in the Acre, in St. Martin's-lane, in a yard—I did work for Messrs. Nurse and Warren, in Crawford-street—I left them on the 19th of last October—Mr. Pever was the last person I worked for.
HENRY CLARKE . I live in Finch-lane, Cornbill. I was at the fair, and saw the prisoner's hand across the gentleman's shoulder—directly afterwards I saw the pin lie in his waistcoat—I am sure he is the man.
NOT GUILTY .
OLD COURT.—Wednesday, September 19th, 1838.
First Jury, before Mr. Sergeant Arabin.
MR. CLARKSON conducted the Prosecution.
WILLIAM PATTEN . I live in Little Knight Ryder-street, Doctors' Commons, and am clerk to Mr. John Nixon, a lead merchant. On the 9th of September, 1837, the prisoner came to the premises and presented this order—he said he had come from Mr. Le Cren for those goods—I looked at the order and told him it was not Mr. Le Cren's writing—he said, "It is the writing of the young man in the shop"—I said the young man had not
signed his name to it—lie said he supposed he had forgotten to sign it, as the men were waiting in the shop for the goods, and they were in a hurry—I said he had better sign his own name to it then, and he signed it "Thomas Clarke," in my presence—I then delivered him the goods—he had been to me before from Mr. Le Cren for goods—(order read)—"1/2 cwt of solder, two lengths of 3/4 pipe, 3 bib cocks, for Mr. Le Cren, No. 73, Coleman-street.—THOMAS CLARKE."
Cross-examined by MR. PRENDEROAST. Q. Did you know him befoul A. Yes—this was between six and eight o'clock in the morning—I should say nearer seven o'clock than anything else—I sleep on the premised was in business that morning at ten minutes after six o'clock—I remember that very well—it is twelve months ago—I did not look at my watch the prisoner said Mr. Le Cren was not in the shop so early, and that the clerk had written the order—there was a man in the warehouse named Mercer, and two lads named Monday and Hoe—they are not here—the man is now at my premises, and one boy—the other has left—Mercer was at the Police-office—he did not shake his head when he got there, to my knowledge—he was not sworn there—the prisoner denied that he was the person.
Q. If I bring an order to you, do you keep a book, which the party receiving the goods signs? A. No, not if he brings a written order—the prisoner has not come to our house, and entered his name when he had goods—the prisoner did not say he had received the order from Mr. Le Cren, but from one of the young men.
JAMES JAURNARD LE CREN . I am a plumber, and live in Moorgate street. I was in the habit of dealing with Nixon for lead—the prisoner was in my service eight or nine months, as a plumber—I had the opportunity of seeing him write—I discharged him, I think, in January or February, 1837—I cannot recognize this "Thomas Clarke" at the bottom of this order as his writing, but I am certain the body of the order is in his hand-writing—I never authorized him to go and get these goods.
Cross-examined. Q. Has not the prisoner, during the time he was in your employment, made various entries in your book? A. I think he has made one or two—I have seen him write repeatedly—I have not brought my books here, nor any specimens of his writing—the officer, I believe, has one or two specimens of orders, which we have nothing to do with—I have nothing here that I saw the prisoner write—we hare, per haps, twenty-five or twenty-six men in our employ—we had a shopman whom I have not seen for two years—I do not know where he is—he left about August twelve-months—he is not in my employ at this time—Thomas Key was in my employ at this time—and is now at home at my house—he is my shopman—I have two journeymen named Hyde—I do not recollect that they ever wrote orders.
MR. CLARKSON. Q. Is it Key's hand-writing? A. No, nor either of the Hydes'—I found this out when the Christmas account came in.
Cross-examined. Q. Had you not seen him in that time. A. No—I did not go to his house—I could not find out where he lived—I have been to many places where I was informed he worked—I never found out he lived, except when I had him in custody once before.
COURT to WILLIAM PATTEN. Q. Should you deliver goods on this paper being presented? A. Yes—it is considered an order in the trade.
GUILTY . Aged 39.— Confined Two Years.
Before Mr. Baron Alderson.
2112. JOHN SANDERS SMITH and JOHN WILSON were indicted for burglariously breaking and entering the dwelling-house of Thomas Wilson, about the hour of one in the night of the 3rd of September, at St. Bartholomew the Great, with intent to steal.
ANN WILSON . I am the wife of Thomas Wilson, who keeps the Hand and Shears, in the parish of St. Bartholomew the Great. On the 3rd of September, I was alarmed from one to two o'clock in the night—I was up in the house, but the doors were shut—all the company were gone that had been taking liquor in the house, but some musicians were having their suppers, and likewise the waiters who had been assisting in the house—in consequence of something I heard, I went up stairs, and found the bed-room door open, and the first drawer, going into the room, was open—that lad been locked, and the room door had been shut and latched—my servant had gone to bed shortly before, and done it—I did not see it shut myself—there was nothing kept in the drawer but clean towels—I found nothing disturbed in the room, but that drawer—I came down stairs immediately, and laid hold of the prisoner Smith, at the bottom of the stairs, and led him till assistance came.
Cross-examined by MR. PAYNE. Q. This was the first day of Bartholomew Fair? A. Yes—we had had a great many people in the house drinking—it was full, till the policeman came and cleared the house, three quarters of an hour before—it was half-past twelve o'clock when the policeman came in—there were from six to twelve persons in the house, servants and all, at the time I found Smith at the bottom of the stairs—I never saw him before—my niece had hold of him, and she brought him to me.
SARAH WILSON . I am the prosecutrix's niece. About two o'clock in the morning of the 3rd of September, as I was going up to bed, I found the two prisoners coming down the stairs—they both passed me—one rushed out at the door—I heard my uncle call "Stop thief," and I caught hold of the other, who was Smith—I had no light in my hand, hut my sister-in-law was before me, with a light—I could not discern Wilson's face to swear to him—I had not seen him in the house that night—I had been serving at the bar, and did not see either of the prisoners there—I laid hold of Smith, and brought him down to my aunt at the bar—she held him till the watchman came—the men were coming down the second pair of stairs, from her bed-room—I met them half-way down the second stairs, between the first and second floors—her room is on the second floor—there are five rooms above stairs, where the lodgers and the pot-boy sleep—my aunt sleeps in one—I and the servant in another, and a coachman and potboy in another—my sister-in-law does not live there.
Cross-examined. Q. How far from the ground floor did you see the prisoners? A. About five stairs up the second flight—there are five rooms above that—the first man had not got out, before my uncle cried, "Stop thief!"—my uncle was on the ground floor—I had not seen either of the prisoners in the tap-room—the doors had been closed about
an hour—there were no people in the house but the musicians and the waiters.
Q. Are you sure your uncle did not let people in after the door was closed? A. He let people in who wanted to be served, certainly—the door was opened for that—I did not perceive that Smith was tipsy in the least—there are no rooms but bed-rooms above where I met the prisoners—the first floor room is the club-room—there is no refreshment-room on the second floor.
MARY CANNON . I am servant at the house. I went up to bed before this disturbance—it must have been after twelve o'clock when I went—I had occasion to go into my mistress's bed-room when I went to bed as I took the child to bed in that room, and latched the door when I came on, I am quite sure.
Cross-examined. Q. Had you been hard at work all day? A. Yes; and was rather tired, and glad to get to-bed—the child is going on for eleven years old—he always sleeps in mistress's room—I am quite sure I latched the door—I have left it unlatched, but I did not that night—I recollect it—the drawer was not open when I put the child to bed—it is a small room, and there are so many things in it, if the drawer had been opens I could not have got into the room, it is so near the door.
WILLIAM DODD . I heard the cry of "Stop thief!" and met the prisoner Wilson being brought to the watch-house—Hopkins, the watchman, had got him by the collar—Wilson, the landlord, was with him—he had been crying "Stop thief!"
Cross-examined. Q. Were you the night-officer at the watch-house? A. Yes; Smith had been drinking a little—I offered to discharge him at first—he might have gone away if he pleased, but a friend of the prosecutor's and he got into a dispute, and before it was settled, the prosecutor came to the watch-house, and pressed the charge—he took me home, and I examined the premises before I offered to discharge him, and asked him if he meant him to be detained, and he said I might let him go—the Magistrate only committed them for the misdemeanor.
THOMAS HOPKINS . I am a watchman. I beard the cry of "Stop thief!" and took Wilson, who came close against the gates of Westmore-land-buildings, running full butt to try to get out—that is about a quarter of a mile from the Hand and Shears—the prosecutor was running after him at the time.
THOMAS WILSON . "I was at the door when my niece gave the alarm—my servants were having some refreshment—I had the door in ray hand, and one of my servants said, "That man has come down stairs"—he ran out of the door, and I followed, calling "Stop thief!"—I lost sight of him in turning the corner, and did not see him again after he turned the corner of the watch-house—I called out, the watchman heard me, and stopped him at the gate, which is nearly a quarter of a mile from my house—I lost sight of him in turning the corner of the watch-house, which is about half the way—I did not see him again till I came up to him and the watchman who had stopped him—my waiter had ran out with me, and a man in his shirt sleeves, who lives in the place—Wilson was out of breath, and so was I and the waiter—I am sure Wilson is the man—he has called on me three times since he was bailed, and begged me not to press the case.
Wilson's Defence. I was intoxicated at the time—I had been to the fair and several places during the evening, and between one and two
o'clock I was in this house—there were several people drinking at the bar, and the parlour behind the bar was full of people, and more in front—about half-past two o'clock I was let out by the landlady, and knowing I should be locked out if I did not make haste, I certainly ran round towards my home—I lived in the neighbourhood.
(The prisoners received a good character.)
SMITH— GUILTY . Aged 21.
WILSON— GUILTY . Aged 28.
Confined Two Years.
Before Mr. Justice Vaughan.
MR. BODKIN conducted the Prosecution.
CALEB EDWARD POWELL . I produce a copy of the record of the conviction of William Hicken, together with one John Turner, tried at Canterbury July Sessions, 1836—this I have examined with the original record in the office of the Town-clerk—it is a true copy—(read)—I was present at the trial—the prisoner is the person who was convicted.
MICHAEL MERRIGAN . I keep a beer-shop in Harper-street, Lambeth. On the 9th of August, about half-past three o'clock in the afternoon, the prisoner came to my house, and asked for a glass of ale—I served him—he asked for another, and produced a half-crown from his pocket after drinking part of the second glass—it came to four pence—I told him I considered it was not a good one—he said he thought it was, but he had another he would give me—he produced another from the same pocket, which I considered good, and took it—my brother, who is a policeman, was in the house, and he came down before I parted with the bad half-crown—by his advice I kept it, and gave the prisoner into custody—he asked why I detained him when he was disposed to pay me—I marked the half-a-crown, and gave it to my brother—I asked the prisoner if he had any more coin—he said he had another half-crown, and produced it—I kept the good one till he came to Union Hall, and then received fourpence, and when he was discharged, gave it to him.
Prisoner. He took the half-crown, and showed it round to different people in the tap-room before he called his brother down. Witness. I did not let it go out of my hand—I am certain the one I gave my brother was the first the prisoner gave me.
EDWARD MERRIGAN . I took the prisoner into custody at my brother's house and took him to the Police-office—he was discharged—my brother gave me a bad half-crown—I gave it to Mr. Field, who afterwards returned it to me—I have it here.
WILLIAM FARQUHAR . I am a chandler, and live in the Old Mint, in the Tower. On the 11th of August, the prisoner came to my shop, and asked for two biscuits, which came to twopence—I served him, and he gave me a half-crown—I looked at it, and discovered it to be bad directly—I told him so—he said he did not know that it was—I sent for a watchman, and gave him into custody—I marked the half-crown on both sides before them, and gave it to Navin.
JOHN NAVIN . I took the prisoner into custody, and received a half-crown from Farquhar, which I produce—I searched the prisoner at the station-house, and found five farthings on him—he had a good half-crown, which he gave me before I searched him.
Prisoner's Defence. I went into the first house and asked for a glass of ale, and tendered a good half-crown—he took it to the tap-room and it was handed round the room, during which time it was changed and a bad one produced in its place—the character of the house is bad—it is frequented by people of the worst description—as regards the case in the Tower, I tendered the half-crown not knowing it to be bad, and must have taken it for work during the day—I offered to change it, which they refused—the landlord used very bad and abusive language to me—he received my other half-crown, and said he would keep them both.
GUILTY . Aged 39.— Transported for Life.
Before Mr. Baron Alderson.
2114. SARAH BRAY was indicted for unlawfully, maliciously, and feloniously assaulting Richard James Johnson, on the 4th of September, and cutting and wounding him upon his head, with intent to maim and disable him.—2nd COUNT, stating her intent to be to do him some grievous bodily harm.
RICHARD JAMES JOHNSON . I live at No. 11, Turville-street, Church-street, Bethnal-green. The prisoner occupied a room in the same house—I have been there between five and six months, and she was there before me—on the 4th of September, I was sitting in my room smoking my pipe by the fire-side after having tea, talking to my wife—the prisoner opened the door and came in—she said, "You b—vagabond, what did you say to my husband the other day when you came from the Docks with him?"—I told her to go out of my room, for I did not want to have any words with her at all—she went out in a few minutes and stood on the stairs—she still kept abusing me, the door being open—my wife said, "This is the way she has been using me all the day"—I then asked her what she meant by ill using my wife all the afternoon—I went onto the stairs to ask her for an explanation, and she struck me over the head with the staircase broom—it was a half-round broom—my wife stood at the foot of the stairs—the blood flowed in torrents down my head, and I said, "See, she has done for me"—she was above me at the time up three or four stairs—I turned round and said to my wife, "Can I put up with this?" and walked up two or three more stairs within three stairs of the top—the prisoner had retreated up stairs—she then chopped me on the head with a knife, within an inch of where it was cut in the first instance—I reeled and fell against the wainscot—two young men caught me in their arms and took me to the surgeon—I know nothing more till I found myself in the London Hospital next morning.
Cross-examined by MR. CHAMBERS. Q. Did the young men see what took place? A. No—I did not see where they came from—my room is a front room up one pair of stairs—the prisoner and her husband lodge one pair above me, in the front room—it is a double house—at the time she came into the room and called me a b—vagabond, I was sitting on the side the fire-place and my wife on the other—I had not any quarrel with the
prisoner—I never made use of any violent or improper expressions to her—I never had occasion—I never called her a b——w——we were on very good terms—I did not call her so before she struck me—I asked her what she meant—nothing further—she was standing in the middle of the stairs abusing me—my wife heard what I said—I was not moving up stairs when she struck me—I was standing still talking—I did not go to the top of the stairs, if I had I should have lost ray life—I was within three or four stairs of the top—the door of her room leads immediately on to the stair-case—I had nothing with me—I was in my shirt sleeves—I did not see any blood in her room, for I did not go in—I did not say her husband was a b—old fool—I have spoken to the man since—he is a quiet, civil man, and will offend no one—I could not have struck her with any effect—she was three or four stairs above me—it was impossible for me to touch her face, but she could very easily strike me by stooping down—I did not say a word to her after the first blow, before she struck me with the knife—I was walking up as quick as I could—I was standing talking to her when she hit me with the broom, asking her what she meant by disturbing my family—I only got up two or three stairs—she was three or four stairs higher—there are a dozen or fourteen stairs altogether—the moment I asked her the question she gave me the blow with the broom.
SARAH ANN JOHNSON . I am the prosecutor's wife. On the 4th of September the prisoner came into our room, opened the door, and began to blackguard my husband, and abuse him in a very scandalous manner—she then went on to the stairs, and kept on abusing him—he went out and asked her what she meant by ill-treating and abusing his family all the morning—(I had told him what had happened in the morning)—I was behind him, begging of him to come down and say nothing to her—he was within about three stairs of the top, and she struck him a violent blow with a short-handed broom—he turned down stairs, pouring with blood—I ran down for assistance, and brought up two young men—he had then fallen against the wainscot at the bottom of the stairs, and was bleeding more than when I went down—I did not see the second blow given, only the first—the young men are not here—they were in the habit of using the beer-shop below.
Cross-examined. Q. Did you see your husband go any higher than within three stairs of the top? A. No—it was the broom she used to sweep her place that she struck him with—she had been quarrelling with me in the course of the morning, for three or four hours—I had given her no cause—she wanted me to drink with her, and I refused, and she wanted to put her mother, who was in liquor and all over mud, into my bed, but I would not let her—I did partake of a little sip of drink with her, merely to save words, as I was out on an errand, and met her and a lodger, they asked me to come with them, I said I would not have any more words about it, and I did take a little drop—we had a quartern of gin between four of us, at a gin-palace at the corner of Brick-lane—that was between two and three o'clock in the afternoon—I never partook of any thing after that, nor before—I was getting my dinner ready when she and her mother came in—my husband and I were taking tea when she came in, and he was smoking his pipe—she opened the door, and said, "You b vagabond, what did you say to my husband when you came with him from the Docks?"—he said, "You drunken, stinking beast, get out of my room, or I will make you"—on that he got up and went towards the door—I told her not to annoy him as
she had been annoying me all the afternoon—she then made for the door, and went to the top of the stairs, and he after her—he asked what she meant by ill-treating me in the way she did—there were many bad words repeated on both sides—she told him to look at his bow a sister, and he called her something to the same effect—that was in our room—they were using very ill language towards each other—my husband had nothing in his hand—he was in a great passion, and so was she, and drink made her very violent.
WILLIAM AUGUSTUS RAYNES . I am a surgeon, in Shoreditch. I saw the prosecutor on the morning of this day—on examining his head I perceived two cuts—I should suppose, from their appearance, that one was done with a knife, or some sharp instrument, and the other might have been done by the edge of this broom—(produced)—he had been bleed in very much indeed—his shirt was completely saturated with blood, and his face also—the wounds were at the top of the head—I apprehended no danger from them.
Cross-examined. Q. A shovel, perhaps, might produce such a wound? A. Very possibly it might—there was no depth in it—it was what is called a wound—the skin was completely cut through.
PETER LOWE . I was a policeman at the time in question. I took the prisoner into custody—she was bleeding from a wound—I do not know whether it was on the right or left eye, but there was a little wound inflicted both above and below the eye—I asked her how it was done, and she said she had been bitten by the prosecutor—I did not consider myself that it was from a bite—I saw no mark of teeth—I should not consider a fist would do it—she was drunk, and very violent indeed at the time.
Cross-examined. Q. Where did you find her? A. In her own room—I do not consider a man could bite a woman above and below the eye like that—that is my opinion—she was bleeding considerably from it—I went to the house, hearing the alarm of murder given.
GUILTY . Aged 31; of an assault only.— Confined Six Months.
Before Mr. Justice Vaughan.
MR. CHAMBERS conducted the Prosecution.
CALEB EDWARD POWELL . I produce a copy of the record of the conviction of Elizabeth Hawkins, tried at the Middlesex Sessions, February, 1834—I have examined it with the original record in the office of the Clerk of the Peace, and it is correct—(read.)
JAMES CLARK . I am a policeman. I was present at the February Sessions, 1834, when the prisoner was tried for passing two counterfeit crown-pieces—she was convicted, and sentenced to twelve months imprisonment, and one week in each month solitary.
WILLIAM EDWARD HUGHES . I am brother-in-law to Mr. Jennings, a stationer, in Crown-court, Finsbury. On the 17th of August I was serving in his shop—the prisoner came and asked for a penny fortune-telling-book, which was in the window—I served her—she put me down sixpence—I gave her 5d., and she went away—just as she got to the door she took and made a full laugh at me, which made me take notice of her—I
put the sixpence into the till—there was not a farthing there—directly my brother came down stairs I gave it to him, and he said it was a bad one—on Friday, the 31st of August, she came again, and asked for a penny child's book—she gave my brother a shilling—I called him out and told him who she was—he sent me for an officer, and she was secured—I am quite certain of her.
JOHN THOMAS JENNINGS . I am brother-in-law to last witness. On the 17th of August he gave me sixpence—on the 31st I was in the shop when the prisoner came in and asked for a penny book—she gave me a shilling, and not having change in my pocket, I gave it to the boy to get change—he called me out, and told me something, and gave me the shilling back—I examined it, and found it to be bad—I sent for Churchill the officer, who took her—I gave the shilling and sixpence to him—while the boy was gone or the officer the prisoner seemed very uneasy, and at last said she must go, as she must go to work—I said I was very sorry to detain her, but she bad given me a bad shilling—she said she had not—I said I had another piece of money up stairs, which I had every reason to believe she knew about.
Prisoner. The Jury must please themselves about finding me guilty or not—as to myself I do not know whether I shall not do better out of the country than at the House of Correction, for I shall be fed there, and only starved at the House of Correction—it would do a person a greater charity to send them out of the country, than to send them there for twelve months.
GUILTY .* Aged 25.— Transported for Fifteen Years.
Third Jury, before Mr. Recorder.
2116. JANE ACKERMAN, alias Cooper, alias Dowsett , was indicted for stealing, on the 19th of June, at St. Pancras, 1 coat, value 4l.; 1 pair of trowsers, value 1l. 7s.; 1 bonnet, value 10s.; 1 pair of shoes, value 5s. 6d.; 2 caps, value 4s.; 2 combs, value 2s. 6d.; 1 printed book, value 6s.; 1 pair of gloves, value 2s.; 3 aprons, value 1s.; 5 petticoats, value 9s.; 3 shirts, value 15s.; 3 night-gowns, value 12s.; 3 night-jackets, value 7s.; 3 blankets, value 9s.; 1 frock, value 9s.; 3 pairs of stockings, value, 7s. 6d.; 21/2 yards of silk, value 7s. 6d.; and 2 shirts, value 1l.; the goods of Henry John Marks, her master:—also, on the 28th of July, at Lambeth, 1 watch, value 1l. 5s.; 2 pairs of shoes, value 3s.; 1 table-cloth, value 2s.; the goods of Sarah Packman: and 1 shirt, value 6s., the goods of Weymes Erskine Sutherland:—also, on the 11th of August, at St. Saviour's, Southwark, 1 basket, value 6d.; 1 counterpane, value 10s.; 4 sheets, value 14s. 6d.; 4 pairs of stockings, value 8s. 6d.; 2 pillows, value 4s.; 1 blanket, value 7s.; 1 petticoat, value 4s.; 2 shirts, value 6s. 6d.; 4 shifts, value 7s. 6d.; 1 pair of drawers, value 1s.; 3 towels, value 2s. 6d.; collar, value 4s.; 1 handkerchief, value 2s.; 2 caps, value 5s. 6d.; 1 pair of boots, value 5s.; 1 coat, value 1l.; 1 veil, value 5s.; 1 toilet-cover, value 1s.; and 2 pillow-cases, value 2s.; the goods of John Henry Wood; to each of which, she pleaded
GUILTY . Aged 24.— Transported for Seven Years.
REBECCA GOULD . I am the widow of Benjamin Gould, and live in Worship-street. The prisoner was my servant for about two months—she came to me in June, I think—I had a cash-box containing 4 £50 and I £30 notes—it was always kept locked, and put into another chest which was locked—I did not miss the £30 note till the 29th of August—I kept my keys on a bunch—I had given them to the prisoner on the Sunday and Monday previous, to get a clean table-cloth out of the chest—on missing my note, I asked if she had let the keys go out of her hand—she said, "No, never"—I always cautioned her not to give the keys to any one—I did not tell her I had lost the note—I never sent her to get it changed—I afterwards saw her at Mr. Whiskard's, and asked her where she got the £30 note—she said a girl in the street gave it to her.
Cross-examined by MR. DOANE. Q. Had you seen your note on the Sunday? A. No—I had not been to my cash-box for a month—I am sure she was in my service when I saw it last.
SOPHIA AMOS . I am ten years old, and live with Mrs. Gould, who is my grandmother. On the Friday, the day the prisoner was apprehended, she told me to look up the chimney—I did so, and found a little box which contained a Bank-note—I do not know how much it was for—the prisoner asked me for it—I would not give it to her, but said, I would keep it, and see if any inquiries were made after it—I and the prisoner went out in the evening with some chips, and she asked me for the note again—I then gave it to her—she said she would go and get it changed—we saw Sarah Stone sitting at her door, and the prisoner asked her if she would do her a favour—she said, yes, if she could, what was it?—the prisoner said, "To go and get my mistress change for this note"—we went with her to Mr. Whiskard's—Stone there produced the note in our presence, and we were detained and taken to the station-house.
SARAH ANN STONE . I am fourteen years old, and live in Skinner-street, Bishopsgate, with my father and mother—my father is a hawker—the prisoner and last witness came to me on Friday night, as I was sitting at our door, and asked me if I would do them a favour—they both asked me—I said, "Yes, if it laid in my power"—they asked if I would change a note for them—I asked whose it was—they said Mrs. Gould's—we went to Mr. Whiskard's to-get it changed, and were detained there till some inquiry was made about it—I delivered the note to Mr. Whiskard, and told him it was Mrs. Gould's.
JAMES AUGUSTUS WHISKARD . I am a pawnbroker, and live in Bishopsgate-street. On Friday evening, the 31st of August, Stone came to my shop, with Amos and the prisoner—Stone asked me if I would give her change for a note—I asked who it was for—she told me the amount, and said it was for Mrs. Gould—I inquired where they lived—they said in Curtain-road—I asked why did she come so far to get change—she said she could not get it done any nearer—I went to the door, and sent for the patrol—the prisoner said she was Mrs. Gould's servant, and the little girl was the granddaughter—I sent the officer to inquire whether Mrs. Gould had sent them—this is the note I received.
"Oh no, I cannot go"—I said, "You must go"—I at last left both in of Mr. Whiskard, while I went there—the prisoner said the note was Mrs. Gould's, and Stone said she received it from the prisoner.
MRS. GOULD re-examined. I do not know the number of the note—I only Low I lost a £30 note, and the prisoner had my keys—I never gave them to any one but her—my granddaughter could not unlock the chest—I had no other servant in my employ—nor anybody lodging in my house—the prisoner's mother came to wash and iron for me—I know her father and other—they are very honest and industrious people, and I have known he prisoner from a child—I hope she will have mercy.
(Richard Carruthers, of Grace church-street, deposed to the prisoner's good character.)
GUILTY. Aged 13.—Strongly recommended to mercy.— Judgment respited.
WILLIAM JOHNSON . I lodged at the White Lion, at Paddington, on the 1st of September—the prisoner lodged in the same room—he got up about six o'clock in the morning—I got up at nine o'clock, and missed a pair of shoes nearly new—I found an old pair left behind—on the following Saturday I saw the prisoner at a beer-shop, with my shoes on his feet—I got a policeman, and gave him into custody.
Prisoner. The shoes are mine, and not his—I never lodged there. Witness. I had them made for me at Paddington.
JOHN MANNING (police-constable D 44.) I apprehended the prisoner in Chapel-street, Edge ware-road, at a beer-shop—the prosecutor said his shoes were on his feet, and that there were two nails out in the toe—he said so before I took them off, I found it was so, and they were too big for the prisoner, he had stuffed them with hay to make them fit—the prisoner said he bought them near Reading.
Prisoner. I bought them at Twyford. Witness. There was hay stuffed in those he left behind also—they are the biggest, I believe.
WILLIAM JOHNSON re-examined. I am quite certain the shoes are mine—I put no hay into them—I knew them the moment I saw them on his feet, and told the constable he would find two nails out in the left foot—those left behind are worth nothing—mine are worth 7s.
GUILTY . Aged 28.— Confined One Month.
MR. BALLANTINE conducted the Prosecution.
THOMAS JONES . I am lock man at the Shadwell entrance of the London Docks. On Thursday, the 6th of September, about 10 o'clock in the morning, I saw the prisoner underneath the bows of the Signet, in a boat, moving some nails about with his feet, scattering them about the bottom of the boat among some water—he closed the bottom boards over the nails in the water to cover them—I asked him who the boat belonged to—he looked up, and pointed to the Signet, and said it belonged to a man onboard there—I went about my duty, and was absent about three minutes—I then saw him sculling the boat away—I mentioned this to a Dock muster, who sent
somebody after him, and afterwards sent me after him—I saw him pulling the boat up towards Old Gravel-lane-bridge—I was on land—he pulled the boat towards the south quay in the West Dock—he then turned, and went northward, and I missed him—I then crossed the Dock in a boat and found his boat—I took possession of it, examined it, and found these nail under the board, but he was gone—they are composition nails.
Cross-examined by MR. DOANE. Q. When you first saw him, was not he baling out water from the boat? A. No—there was dirty water in the boat.
JOSEPH JOHN LEWIS . I am a Thames police-surveyor. On Thursday evening the prisoner was brought to me by a waterman—I asked him how he got the nails found in the boat—he said I could not hurt him, that nobody saw him take them—I took him to the station-house, and he there said, "You are two pretty b—to take a boy like me to the station-house."
Cross-examined. Q. I believe those vulgar phrases are very common among the lower orders? A. Yes—in the Justice-room also he called me the same.
GEORGE DIX . I am a Thames police-constable, stationed at the London Docks. About 11 o'clock I went on board the Signet, in consequence of information—I found nobody on board—Thomas Ward came on board while I was there—the cabin was opened, and on the larboard side I found a nail bag with half a hundred weight of nails, and by the side of it one apparently empty—I found only two nails in it, which I produce—I have compared them with the nails found in the prisoner's boat, and have every reason to believe they are exactly of the same description.
Cross-examined. Q. Somebody pointed the Signet out to you? A. Yes—I believe the boat the prisoner had belonged to his father—I do not know whether the boat was seen coming into the Docks—I heard him say his father had lost the boat, and when he went after it he found the nails in it.
SAMUEL BALLS . I live in Samuel-street, Limehouse-fields. I superintend Mr. Thomas Ward's shipping—he is owner of the Signet—I put 5 cwt. of nails on board that vessel, precisely of the same description as those found in the boat—they are used in shielding ships—there were five bags on board, 1 cwt. in each bag—3 cwt. came from Mr. Heath, and 2 cwt. out of store—I miss 1 cwt.
Cross-examined. Q. Have you charge of the property on board? A. I put the charge into the hands of the ship keeper—I am a master shipwright—I superintend all the repairs of Mr. Ward's shipping—I am under him—my sole occupation is with him, and I have a salary from him—this is a common sort of nail.
COURT. Q. How far did the nails in the boat make up the proper quantity? A. There was 99lbs. in the boat, which nearly made up the deficiency, as far as I could judge.
RICHARD HEATH . I am a brass-founder, and live in Salmon-lane, Limehouse. I supplied Balls with nails for Mr. Ward—those produced are of the description I supplied—I have not a doubt of their being the same description.
(The prisoner received a good character.)
GUILTY . Aired 16.— Confined Three Months.
JANE DYER . I live with my father, Edward Dyer, who keeps the Rock public-house, Lisson-grove. On the 4th of September I was on the leads at the back of the house, and saw the prisoner come out of the back kitchen down wash the lid of the copper boiler, which had been in the kitchen—I told my father.
(The prisoner received a good character.)
GUILTY . Aged 18.—Recommended to mercy,— Confined One Month.
NEW COURT.—Wednesday, September 19th, 1838.
Sixth Jury, before Mr. Common Sergeant.
2121. CHARLES EASON, alias Dixon , was indicted for stealing, on the 25th of August, at St. Marylebone, 1 handkerchief, value 3s., the goods of Thomas Cassel; 14 spoons, value 8l.; 10 forks, value 6l.; and 1 winelabel, value 1s. 6d.; the goods of Thomas Daniel, in his dwelling-house; to which he pleaded
GUILTY . Aged 20.— Transported for Ten Years.
2122. JOSEPH WILLIAM SIMPSON was indicted for stealing, on the 31st of August, 2 pistols, value 13s.; 1 bullet-mould, value 1s.; and 1 key, value 1s.; the goods of William James Bird; to which he pleaded
GUILTY . Aged 35.— Confined Six Months.
MR. BODKIN conducted the Prosecution.
RICHARD FORD . I live in Peter-street, Cow-cross, and keep a general shop. On the 11th of September, about eight o'clock in the evening, the prisoner came and purchased a pennyworth of bread—she gave me a half-crown—I gave her 2s. 5d., and she went away—I placed the half-crown in the till—there was no other there—in half an hour another girl came in and offered me a half-crown—that directed my attention to the one I had taken of the prisoner—I examined it more accurately than before, and discovered that it was a bad one, and so was the second—I put the first separately from the other money, in a piece of paper—next morning, about eight o'clock, the prisoner came again for a half-quartern loaf—I served her—she put a half-crown on the counter—I found that to be bad—I said, "You were here last evening with a bad half-crown, and this is bud too"—I asked where she got this half-crown—she said she got it in a shop in Smithfield—I had her taken into custody.
Prisoner. I was not the person that was there the night before. Witness. I am sure she is the person.
SOLOMON HANANT (police-constable, Q 121.) I was called into the shop—I found the prisoner there, and took her—this is the first half-crown that I received—she said she took it of a gentleman, in Smithfield, the night before—I afterwards received this other half-crown from the prosecutor.
GUILTY .* Aged 18.— Confined One Year.
THOMAS WILLETT . I live at Ball's-pond, and am a cheesemonger. I had a ham at half-past eleven o'clock, on the 24th of August, I went out and returned at half-past twelve—it was then gone—this is my ham, I am certain—(looking at it.)
GEORGE JOHNS . I live in Dorset-street, Ball's-pond, and am a shoes-maker. At a quarter before twelve o'clock, on the 24th of August, I was at the corner of the street—I saw Downs and one May change their shoes—Downs took his shoes off, and gave them to the other; then they went on—while I was standing, a person cried out that some one had stolen a ham—I saw the policeman take Downs, and I went and took the other man.
Prisoner. I was hired to carry the ham by a person who was walking behind me.
GUILTY .* Aged 19.— Transported for Seven Years.
THOMAS LOVE . I live in King-street, Commercial-road, and am groom to John Ebenezer Bromley. At half-past eleven o'clock on the 6th of September, Mr. Bromley brought his chaise to the door—I took it to the stable in King-street, and left it outside while my wife got a light—I saw the prisoner go to the stable, and look in—he then drew this cloak off the driving box—I followed him, and cried "Stop thief—he dropped it at the corner of King-street—I merely lost sight of him while he turned the corner—I followed him on to the corner of the next street, and there he was taken.
Cross-examined by MR. GARD. Q. What distance were you from the chaise when this was taken? A. Five doors—from twenty to thirty yards—it was a clear moonlight night—he was five or six yards from me when he dropped the cloak—I was close upon him—no other person was in the street till the policeman took him.
not the person who has done it"—I said, "Done what?"—he made no reply—the witness came up, and gave charge of him.
Cross-examined. Q. Where did you take him? A. At the corner of after-street, not one yard from the corner.
GUILTY . Aged 25.—Recommended to mercy by the Jury.
Confined Three Months.
SARAH STEVENS . I am shop woman to Mr. John Griffiths, of the Quadrant, in Regent-street. I put these two bonnets away at nine o'clock on the evening of the 23rd of August—I went to place the goods in the window the ext morning, and these two were gone—I had bolted the door which bolts tide the shop, and the outer door pulls to and fattens—a porter slept in house—the shop was to let.
FIANCES SHARPE . I live at Avis-street, Berkeley-square—between eight and nine o'clock on the morning of the 24th of August, the prisoner came to me with these two bonnets—he wanted to sell them for 4s.—I offered him 3s.—they are worth about 4s.—they would fetch more at the beginning of the season, but they are soiled—I purchased them of him.
JOHN COLLINS . I gave the prisoner permission to sleep at this house in it-street—I was in care of it, and told him I could let him lodge there as he said he wanted a lodging—he was at a packing-case maker's in Swallow-street—I let him in—the lock of the private door was under repair—I had to go into the house and through the shop, and was obliged to open the shop door—he went out in the morning through the shop—these were afterwards missed.
GUILTY . Aged 17.—Recommended to mercy.— Confined Three Months.
LUDWIG DOMBROWSKY (through an interpreter.) I live in Sun-street, Bishopsgate. On the 6th of September I was at a public-house at Uxbridge—I saw the prisoner there—he laid hold of my arm and led me into the back room, and asked me what I had to sell—he asked for a pint of porter, and then told me to open my box—he took out a ring, and asked what price it was—I told him it was a common ring, the price was only a penny, and he gave me a penny—he then took five thimbles out of N box, and began to toss them about—I did not know what the meaning of it was—another person then came in, and betted with the prisoner—the prisoner said he would bet a sovereign, as I understood; after that the prisoner asked me how much money I had, and showed me a sovereign—I thought he wanted change for it—I pulled out my purse, in which were four half-crowns and 6s.—the prisoner took four half-crowns and 5s., and said "This will do"—I then asked what he wanted—he said, "Don't be afraid; I will give you the money back directly"—he began to toss the thimbles about again, and said to the other get leman, "it is all right," and they went out together—the prisoner had my money—I went after them, laid hold of the prisoner, and said, "Give me my money," as well as I could—in the evening, a person who called himself the prisoner's brother, came and persuaded me to take 15s. back again, on condition that I should leave the town the first thing in the morning.
Cross-examined by MR. GARDE. Q. How long have you resided in England? A. About seven weeks—I understand very little English—I understood that the prisoner asked me what I had to sell—when I was paid the 15s., my master, who was in the room, persuaded me not to take it, and interpreted to me—I did not know that it was the prisoner's employer that gave it me—I have not said that I went to the prisoner's employer and stated to him that I lent the prisoner 15s.—he took the money about half-past five o'clock—I saw the other person about eight o'clock in the evening, and went before the Magistrate about twelve o'clock the next day—in the morning the prisoner's employer came to me, and urged me to leave the town—Mr. Cooper came to me, and told me I must not leave before I had been before the Magistrate—the prisoner took the thimbles out of my box, and began to shake them about—I did not know the game—I could not speak so much English as to invite him to play.
DAVID COOPER . I am an Uxbridge police-sergeant. I saw the prosecutor with the prisoner by the arm—he cried out "You have robbed me," and just as I came up, the prisoner said, "Come along with me, I will make it all right"—this was between six and seven o'clock—I took him to the station-house, and the prosecutor described to me, as well as he could, the way he had robbed him—a person came to the prisoner to see him, between seven and eight o'clock, and the prisoner said to the man, "You go up and make it all right."
MR. GARDE called
THOMAS PURSER . I am the prisoner's master, and am a horse-dealer at Uxbridge. I saw the prosecutor—he said my servant had borrowed 15s. of him in change of a sovereign—I said "I will pay you"—he said, "All very good, that is what I want"—I gave the landlord a sovereign—he gave me the change, and I paid the 15s. to the prosecutor, he said I must stand something to drink, and I gave a half-crown, as I wanted to go to a low country fair.
COURT. Q. What are you—a horse-dealer? A. Occasionally; I have lived there nearly twelve months—I cannot say that I have bought one horse there—yes, I did buy one—I attend most fairs in England—I have not played one thimble-rig game—I have seen them played—I have three horses at Uxbridge—I take them to fairs—the last fair was Barnet—I have not got a license, because I buy them generally to work—the prisoner was my ostler—he was at Barnet—I live at No. 5, Pleasant-place, Urbridge-common—I lodge with my sister—I have no stables there—my horses are on the moor generally, but I turn them in a meadow at Denham belonging to The General Elliot public-house—I pay sixpence a night for each horse—I want an ostler to trim them.
GUILTY . Aged 26.— Confined One Year.
2128. ALEXANDER WILKER the Younger, was indicted for stealing, on the 4th of December, 43 yards of gimp, value 4l. 6s., the goods of Robert Hughes, his master: and ALEXANDER WILKIE the elder, and MARY WILKIE , for feloniously receiving the same, well knowing it to have been stolen; against the statute, &c.
ROBERT HUGHES . I live in Piccadilly, and am an upholsterer. Alexander Wilkie, junior, was my foreman—last year I ordered 235 yards of gimp, of Mr. Pratt, of a particular pattern—I had used 173 yards of it,
and have 19 yards left—43 yards are deficient—the 192 yards came into possession of the prisoner—whether the other did or not I do not know—the account came in about December, for 235 yards—all I ordered ought to come into possession of the prisoner—he accounted only for 173 yards, and 19 are left.
Cross-examined by MR. PHILLIPS. Q. Did you not refuse to pay for 43 yards? A. There was some dispute—I refused to acknowledge the receipt of 235 yards, and to be accountable for more than 192 yards—I have not paid for them, but I have made myself responsible, because the livery has been proved.
CHARLES PRATT . I am an assistant to Thomas Pratt, of Great Pulteney-street, a manufacturer of gimp. We made 235 yards for Mr. Hughes—I caused it to be delivered by my errand-boys, at different times, on Mr. Hughes's premises—the name of one of the boys is James Clifton, he is not here—James Smart made the whole of it, as a journeyman—in consequence of the deficiency between my accounts and Mr. Hughes's, and having seen a sample of the same gimp hanging up at Mrs. Madden's, a marine-store dealer, I sent Smart to see if it was his work, he said it was—I directed him to go and buy some, and inquire if he could have more, with a view to ascertain what had become of the missing quantity—it was sent in parcels of 90, 71, 26, 43, and lastly, 5 yards—I have no proof that it got to the hands of the master, but by its being traced to the foreman.
GEORGE AVIS . I went to take the younger Wilkie—I told him his father and mother were in custody—he said they were innocent, and wanted to speak to the prosecutor—he said, "What you have got to say, say in the presence of the officer"—I then pulled out the gimp from my pocket, and showed it to him—he said, "I gave it to my father."
NOT GUILTY .
2129. ALEXANDER WILKIE the younger, was again indicted for I stealing, on the 1st of August, 2 bed-curtains, value 1l. 10s.; 12 yards of printed cotton, value 6s.; 6 yards of calico, value 3s.; 8 yards of holland, value 8S.; 3 yards of damask, value 4s.; 9 yards of silk, value 1l. 12s.; 1/2 yard of velvet, value 3s.; 14 yards of silk cord, value 3s.; 1 yard of fringe, value 5s.; 6 yards of woollen cloth, value 1l. 4s.; 2 skins of chamois leather, value 2s.; 2lbs. weight of morocco leather, value 4s.: 11 bits of tabaret, value 10s.; and 10 pieces of window drapery, value 10s.; the goods of Robert Hughes, his master.
ROBERT HUGHES . The prisoner was my foreman for about sixteen on the—it was his business to take care of these articles—from information, I sent to the officer—I knew the prisoner lodged in Gilbert-street—I saw this property there—I believe the whole is mine, but part of it I can speak to more particularly—that property had no business at his lodgings.
Cross-examined by MR. PHILLIPS. Q. Did you ever see these things on your premises? A. Yes, I have seen these curtains and drapery, and this velvet—I cannot say that I saw all, but I believe I did—part of it I speak Positively to, and I believe the whole is mine.
GEORGE AVIS . I went to Mr. Hughes, a stationer, at No. 42, Gilbert. street—the prisoner lodges there, on the first floor—he took me to it himself—I waited till his wife got up—I went in and found the property—I
brought away what Mr. Hughes claimed—the prisoner said nothing—he did not deny it.
(The prisoner received a good character.)
GUILTY . Aged 26.—Recommended to mercy by the Jury.
Transported for Seven Years.
MARY MARTIN . I am the wife of David Martin, and live in Princes-street, Spital-fields, the prisoner was my house-maid, she was the only person in my employ. On the 19th of August I missed four spoons—I charged her with taking them—she said she had taken them, and put then down the water-closet—she then said she had given them to a girl at the door—they are not found.
ZACHARIA BAKBR (police-constable H 95.) I received charge of the prisoner—I heard her say she had broken the spoons, and put them down the water-closet—her mistress said, "How ungrateful you must be to do that"—she then said, "I gave them to a young woman named Betty"—I said, "Where does she live"—she said she did not know, but she had known her twelve months.
Prisoner's Defence. He wanted me to own it and I denied it—I never had any thing to do with the spoons, nor ever saw them.
NOT GUILTY .
WILLIAM LLEWELLIN HARRIS . I live in Eagle-street, and am a stable-keeper. On the 28th of August I put a quantity of handkerchief out on the table, selected one for my pocket, and left the others and the tablets on the table—I had taken the prisoner as my helper, for a short time—I went away—I returned in a few days, and then he was in custody.
GUILTY . Aged 26.—Recommended to mercy.— Confined Three Months.
WILLIAM BROCK . I am shop man to Mr. Jacob Russell, a pawnbroker, in High-street, Shoreditch. About three o'clock on the afternoon of the 23rd of August I was near the counter—I saw the prisoner and another woman come in—I saw the prisoner take the boots from the window, put them under her shawl, and walk off—I went and took her with them.
GUILTY .* Aged 20.— Confined Six Months.
MARY ANN HINDS . I live with my parents in Ash ford-street, Hoxton, my father is a wax-maker. On the morning of the 16th of August I was playing with my little brother, Josiah Erasmus Muncey Hinds—the prisoner came and took hold of his hand, and asked me what his name was—did not tell her—I went to the square—she said, "Go and fetch a lower, and I will mind your brother"—I went, and when I came back my brother was standing without any shoes—I am sure the prisoner is the person—the gardener, was in the square.
Prisoner's Defence. On Saturday, the 18th of August, I was crossing Old-street-road, and was given in charge by a little girl to a policeman for robbing her brother of his clothes—when I was taken to the place the boy said it was not me, it was a woman with a white plaster on her mouth, and I had a black one on—I was taken to the station, and the inspector said that a child had been stripped on the Thursday, but it was a woman with white bonnet and pink ribbon—and on Sunday a little girl was brought, and she said I was the young woman—I saw several children at the Magistrate's, who had been robbed, but I did not know them—I am quite innocent.
GUILTY . Aged 26.
2134. ANN HARPER was again indicted for stealing, on the 16th of august, 1 bonnet, value 4s.; 1 pinafore, value 6d.; and 1 frock, value 1l. 6d.; the goods of Alexander Webb, from the person of Eliza Webb.
CATHERINE WEBB . I am the wife of Alexander Webb, and the mother of Julia Webb, and live in the Curtain-road. I sent my daughter Eliza out for half an hour on the 16th of August—she had these things on when the went out, and when she was brought back they were all gone.
JULIA WEBB . I am eight years old. I went out with my sister Eliza in the 16th of August—she had a frock, bonnet, and pinafore on—I went to get a farthing's-worth of sweet stuff, and this prisoner met me in the Curtain-road, and asked me to go and get a halfpenny-worth of sticking plaster—I went to get it, and she ran down Hoxton-square with my sister, took her own a court, and while I was gone she stripped her—an old clothes-woman as coming past, and she said, "There is a little baby down the court asked"—I ran, and it was my sister—I wrapped her in my pinafore, and book her home.
Prisoner's Defence. I never saw the children till I was taken up.
GUILTY . Aged 26.— Transported for Ten Years.
WILLIAM DENHAM . I live at Stratford-upon-Avon. On Saturday, the 1st of September, I set out to come to town, and got to Uxbridge at nine o'clock at night—I was quite a stranger, and asked the policemen for a lodging—they recommended me to the Sun—I went there, and had some ale and supper—I had a box, with these needles, which I put on the end of the screen—the prisoner sat on the same bench—I had had my supper about a quarter of an hour, when I heard the door go—I turned, and missed the man and the box—I gave information to the policemen, and in about fifteen minutes they brought the prisoner to me in a different dress—I am sure no other individual could have taken it but him—he must have taken it behind my back—there was no one in the room but me and him—the box has not been found—it contained 4800 needles, and two dozen boxes, in a tin case.
CHARLES LUDGATE . I am ostler at the Sun, at Uxbridge. I remember the prosecutor being there—I saw no one else there—the prisoner was there—I was out in the street, and saw him come by me—I did not see him come out of our house, but he came past me, as hard as he could walk.
MARY ANN CHERRY . I keep the Sun. I remember the prosecutor coming to the house—he sat by the side of the prisoner; I cannot say how long—the prisoner went out first, and in about ten minutes the prosecutor complained—the prisoner was brought back after that, and had changed his dress—I knew him before—he had been in my master's house several times before.
DAVID COOPER . I am an Uxbridge police-sergeant. I went, and found the prisoner going out of Uxbridge, at a very quick pace—he had got his shirt over his other things, to look like a smock-frock—I said, "Were not you at Mr. Cherry's?"—he said, "No"—I said, "You went there to get some bread and cheese"—he said, "I only went to get a bit of bread and cheese, and came out directly."
Prisoner. He said, had I been at Cherry's?—I said, "No"—he said, "Have you not been at the Sun?"—I said, "Yes; I went there to get some bread and cheese"—I had my shirt outside to dry it.
GUILTY . Aged 16.— Confined Three Months.
2136. WILLIAM BRAITHWAITE was indicted for stealing, on the 28th of August, 1 tobacco-box, value 6d.; 1 crown; 6 half-crowns; 1 sixpence; and 1 halfpenny; the goods and monies of Edward Adams, from his person.
EDWARD ADAMS . I live in Eagle-street. On the 28th of August I went to the Bricklayer's Arms, and borrowed six half-crowns, and one crown-piece, of the landlord—the prisoner was present, and another man, who has been tried—they came and assaulted me—they pulled my nose over my face—I got up to hit at them, and as I was going out of the door the prisoner snatched hold of my waistcoat-pocket, and pulled it off, with my money—there was a crown, six half-crowns, one sixpence, and a half-penny—this is the waistcoat—in about two hours after he brought the pocket back to the landlord, and said he had picked it up—when he took the pocket he knocked me about, and when he saw the policeman coming. he cut away with the pocket, the money, and the tobacco-box.
Cross-examined by MR. CLARKSON. Q. Have you told all that happened? A. Yes—I did not say I did not fight—the landlord is not drunk——I was not drunk—I was not fined the next morning for being drunk—they
pulled my clothes off, and my shirt off my back, and I was fined for being without my clothes—for indecently exposing myself—I am a master sawyer—I was at work at that time—I did the last work for Mr. Hopkinson, of Holborn—this was Tuesday, I believe—I had been at work that day—this happened about five o'clock—at one o'clock we left off work to have dinner—I had a friend to meet—I went to a public-house, and stopped till five o'clock—I had not been drinking with any woman that day—there might be women in a common room of a public-house—I do not know that they were women of the town—I swear I did not know them—I had a pint of beer in coming along—I should suppose I had three pints of beer, two small glasses of brandy, and about three glasses of gin before five o'clock—I will swear that was all—I drank it all myself—the landlord did not turn me out, I will swear that—they began to riot, and the landlord was trying to clear his house to prevent his things being broken—I went out as well as the others—there were five or six on me—when they came I rose up to them—I did not take off my coat and waistcoat—I fought again outside—I had seven on me—I had no coat on—there were no bad women in my company—my tobacco-box did not fall out—the prisoner never produced it to me, and ask if it was mine—he did not show it to anybody in the room—he did not walk to me, and say, "Adams, is this your's?"—I did tot say, "You keep it; I shall want you presently"—I was never taken into custody—I was fined before I gave charge of the prisoner—I did not ay one word about this before I was fined, and did not mean to say any thing—I knew the money would be made away with if I did—I made the charge before the Magistrate—I did not go twice before the Magistrate—I was fined five shillings at the Court where they took me to—I do not know that Court it was—I never was there before—it was on Wednesday—on Tuesday night I was at home in bed—I was taken to the station, and then I had bail come, and the next morning I was fined—I am sure the prisoner at no time offered me the tobacco-box.
WILLIAM SMITH (police-constable E 128.) I received the prisoner in charge on Wednesday for stealing this money. He said he knew nothing about it, nor had he any thing about him belonging to the prosecutor—I took him to the station, and found this box on him.
Cross-examined. Q. You stated before the Magistrate all you have today? A. Yes; it was taken down, and I signed it after it was read to me.
MR. CLARKSON called
WILLIAM CORRAN . I work at Mr. Harris's, No. 13, Eagle-street, Redlion-square. The prisoner was in the same service as myself—I was at the Bricklayers' Arms in the afternoon of the 28th of August—I saw the prosecutor there, and two women—a fight took place, and the landlord turned them out—the prosecutor took his waistcoat off, and threw it into the middle of the room—I saw a tobacco-box or snuff-box lying in the room—this is the box—I afterwards saw the box picked up by the prisoner—on the Wednesday morning the prosecutor was fined before the Magistrate—the next morning, between eleven and twelve o'clock, the prisoner was on the opposite side of the Bricklayers' Arms—he called to the prosecutor, and said, "Adams, I believe this is your box"—the prosecutor took no notice of it—Samuel Perkins was not with me, but he saw the prisoner pick up the box.
Q. How long have you lived with Mr. Harris? A. Nearly
two years; and work there now—the prisoner worked for him till he was taken.
NOT GUILTY .
GUILTY . Aged 15.— Confined Six Days.
GEORGE LIPSCOMB . On the 12th of September I was in bed, in my room above Mr. Abbott's stables, in George-yard, at the bottom of Drury-lane. I awoke about a quarter past five o'clock in the morning, and saw the prisoner sitting in a chair—I asked what he wanted—he said he came to win himself—he got up to run away—I ran down stairs after him—I had a half-crown and one shilling in my trowsers pocket, and the stockings which I pulled off when I went to bed—the prisoner was stopped, and the half-crown and shilling were found in his pocket—the stockings he had on.
Prisoner. I went to rest myself—I was in distress—the money laid on the ground—I did not take it out of any one's pocket—I had no stockings on.
ANSELL CRIPPS (police-constable F 123.) I took the prisoner, and asked if he had got the money about him—he told me no—I found in his fob pocket the half-crown and shilling, and the stockings on his feet.
GUILTY. Aged 40.— Judgment Respited.
JOHN REEDER . I live in Princes-street, Tyson-street, Bethnal-green, and am a weaver. The prisoner is my child—about half-past five o'clock, on the 25th of August, went out, leaving her at home—when I returned in the dusk of the evening the two younger children told me she was gone after me—I then went to look for ray clothes, and missed her mother's boots and shift—in two hours she returned with the boots—I accused her of the shift, which she denied—I said, "I cannot be robbed in this kind of way—she left me and went out—this is my shift—the prisoner is my own daughter—my wife is dead.
GUILTY .* Aged 15.—Recommended to mercy by the Jury and Prosecutor.
Confined Three Months.
JAMES MARKS . I keep the White Bear, in Ratcliffe-highway. The prisoners came to my house on Friday, the 24th of August, about eleven o'clock in the day, and called for two glasses of porter—they stood some time at the bar, speaking to each other—Barrett had a note-book in his hand, and appeared to be an agent—the other seemed a kind of foreman carpenter, and Barrett was giving him directions—they drank the beer, and Barrett gave me a sovereign to take for it—they had been about four times before in the week—Barrett laid down the sovereign—I gave him change in silver, taking for the beer—he said he wished to have a half-sovereign, as he was going collecting, and did not wish to have such a deal of silver about him, as the day previous he had nearly half a peck about him, and found it very heavy—I drew a bag from my pocket, and gave him a half-sovereign for the change—I went into the parlour, and they went into the tap-room—Barrett came to the parlour door, and said he wanted to speak to me—he said, "I am very sorry, but I gave you a bad sovereign I took yesterday"—I said, "I do not think you have"—I came out, and turned out 42l. 10s. that I had in the bag—the two prisoners stood looking into the bar, and I said, "I have got no bad sovereign"—I turned into a little room—Barrett came and dipped his fingers into my hand, and said, "It is the dark one—I see it," and he took it up—I said, "I wish you would not take that liberty with me"—he dropped the sovereign, and stepped back, and said he was sorry I had that opinion of him—they went away directly—I said to a young man, "I will lay my life I am done"—I turned out the money, and I had only thirty-eight sovereigns—4l. 10s. was gone—I looked into it no, further at that time—I was going to the station-house, but being aware that they would have a look after me, I stopped till three o'clock—I then went and told what had happened—I went in search of them, and found them the same night—they were in a different dress altogether—I charged them with robbing me—they then wanted to speak to me, but I gave charge of them—Human said, "I hope you will do nothing; you know my father"—I did know his father—a few shillings were found on them.
Cross-examined by MR. DOANE. Q. What time did they come? A. About eleven o'clock—they had been the other days of the week nearly at the same time—I had other customers before they came—it is my usual course of business to carry a bag containing gold of this amount—I had had that bag in my pocket from seven o'clock in the morning—I cannot tell how many customers I had had in my house, perhaps fifty—in my recollection I had not changed a sovereign that morning, except for this man—I went to the station-house about three o'clock, and I made this charge against these men—when I came down in the morning I counted the money—I do a very fair business—nobody is engaged in it but myself—the money belongs to different clubs held at my house.
Cross-examined by MR. PAYNE. Q. Had you this 42l. 10s. in your hand? A. Yes, in sovereigns and half-sovereigns—I spoke to Hunnam, and he said his father belonged to a benefit club at my house—he remained outside the bar when Barrett took the money, and was about two yards from him—I know I lost it—I am positive it could only be at that time—I did not se it taken.
was dressed in a black surtout coat, and the other in the same jacket that Barrett has on now—I was at the bar about eleven o'clock and the two prisoners came and called for refreshment, and put down a sovereign—Mr. Marks gave him silver, and Barrett requested him to give him a half-sovereign, which he did—the two prisoners then stepped back and looked suspiciously as I thought at the money—they took the change and went into the tap-room—Mr. Marks went into the parlour and said "These men make very free with me"—Barrett came and said, "I think I gave you a bad sovereign."
WILLIAM ARGENT (police-constable H 126.) I went and found the prisoners in the Weavers' Arms public-house, smoking, about ten o'clock that night—they were dressed as they are now, and several more were there—I found 2s. 3 1/2 d. on Hunnam, and 2s. 4d. on Barrett.
BARRETT— GUILTY . Aged 32.
HUNNAM— GUILTY .* Aged 19.
Transported for Ten Years.
GUILTY . Aged 35.—Recommended to mercy.— Confined Three Months.
LUKE GRAY . I live in Melbourne-place, North Shields, and am a ship-wright. I met the prisoner on the night of the 29th of August—she asked me to go home with her—I refused—she stood talking with me a bit—she put her hand into my pocket, and took out nine sovereigns and ran away—I pursued and fell down, and she made her escape—I was tipsy—she was taken by the officer, and the money was found.
JOHN BURNS . About ten o'clock on the night of the 29th I was in Ratcliffe-highway—my step-father was drunk, and I got on a track because he should not beat me—I saw this man and woman shuffling, and then the woman went off—the man ran after her, and fell down—the officer took her—I showed the officer the place as near as I could, and there were nine sovereigns on the ground, in the place where the shuffling was going on—they were standing up—she walked away.
Prisoner. Q. Was it dark or light, that you can swear to me? A. It was dark—I was close to you—I saw you as you passed me.
JESSE TROWERS (police-constable H 182.) I found the money on the ruins where Burns says he saw them shuffling—I then went to a room in Providence-court, and saw the prisoner going under the bed, which gave me suspicions—I searched her, and found the crown-piece, the half-crown, three shillings, and two sixpences, in her bosom.
Prisoner's Defence. As I was returning from my aunt's on the 29th of August, I called on an acquaintance to whose child I stood godmother—the child was unwell, and I was requested to remain—this was half-past eight o'clock in the evening—I was partly undressed, and going to bed when hearing a noise outside as if persons were quarrelling, I was stooping under the bed to get my shoes to see what was the matter, when the policeman came in and took me—he had a man with him, who said I was north
country Ann—I said I did not know him—I was taken and accused of dealing 9l. 15s.; but I never saw the man before—this policeman has sawed me a grudge because T saw him one night in a public-house off his. eat, drinking—the money was my own—I had not been out of that house once half-past eight o'clock—the prosecutor was so drunk he might have dropped it—he says that the gold and silver was together in the right-hand pocket, and it is not likely I could separate the gold from the silver.
GUILTY .* Aged 27.— Confined Six Months.
2143. REBECCA SHEPPARD was indicted for stealing, on the 29th August, 1 watch, value 30s.; 1 seal, value 1s.; 2 watch keys, value 1s.; and 1 watch ribbon, value 2d.; the goods of William Horton, from his person.
WILLIAM HORTON . I am master of The Brothers, of Hull, lying in the Thames. On the 29th of August I was going down the Commercial-road, and fell in with the prisoner—she took me to some apartments—I stopped there a little time—I paid her for the time I was in company with her, and when we went out together I asked her if she would take a glass of any thing to drink, but she ran off, and left me standing there against the door—then missed my watch.
Cross-examined by MR. PAYNE. Q. Were you sober? A. Not extractly, but I had my intellects about me—I had not drank a great deal—I had drank spirits—no beer nor wine—I gave her half-a-crown, and one shilling the room—we drank at a public-house before we went in—it was between eleven and twelve o'clock—I do not exactly know how many times I sent but for gin while I was in the parlour—I did not leave my watch on the table—I did not undress—my watch was in my fob pocket—I cannot say how long I was in the parlour before I retired up stairs—it was perhaps an hour—I went into a private room with her—I cannot tell exactly how long I my wife is at home—I live at Hull—I am quite certain I did not give her the watch.
JOHN KERSEY (police-constable K 112.) I received information, and went to No. 15, Hungerford-street—I instructed Barbara Carter to knock the door—I went into the shade, across the road—a man came to the door—I went over, and placed myself against the door, and saw the prisoner pass something to Carter—I rushed into the passage, and stumbled and fell—I saw the prisoner go out with nothing on her but her night-dress—I went after her and took her, brought her back, got a light and she dressed herself—I said, "Why did you take the watch from the man?"—she said, "He gave the woman 1s., and gave me 2s.—I said that was not enough, and he gave me the watch"—the prosecutor had been drinking freely—I took the watch from my brother officer—the prosecutor said, "I think the No. is 173, and the name Richard Fairly."
Cross-examined. Q. Did you have some communication with Barbara Carter? A. Yes, and the prisoner saw her, and gave her the watch.
BARBARA CARTER . I live in York-terrace. I had seen the prisoner once before—I went to her and said she had robbed the gentleman of his watch, and told her to give it up—she said she had taken it because the gentleman did not pay her—I said she had better let me have it, without father trouble—she fetched it—I gave it to the other policeman.
(The prisoner received a good character.)
GUILTY . Aged 16.— Confined Three Months.
FREDERICK CARTER . I am in the service of Francis Scoones, a pawnbroker, in Turnmill-street. At a quarter to nine o'clock in the morning of the 30th of August, I missed a pair of breeches, which hung inside the door—I had seen them the same morning, about half-past eight o'clock—I saw the prisoner pass the door—these are my master's—(examining a pair.)
Prisoner's Defence. I went to get some breakfast, and met a person that I had known, and she had these breeches in her hand—she said, "Go and take these to pawn for me"—I went to the shop the person scale them from, but that shop was full, and I went to Mr. Rosier's—I came out, and gave her the 2s. and the duplicate—she lives some where in Ray-street, but we have sent and cannot find the number—she was afraid to pawn them, lest her husband should murder her.
GUILTY .* Aged 60.— Confined One Year.
2145. SAMUEL POLAIN was indicted for stealing, on the 16th of August, 17 yards of corduroy, value 12s.; 14 yards of cotton cloth, value 6s.; 430 buttons, value 4s.; and 3 oz. weight of thread, value 8d.; the goods of William Kilby; and that he had been before convicted of felony.
WILLIAM KILBY . I am a tailor, and live in Gibraltar-walk, Bethnal-green. On the 16th of August I was going along Sun-street, and met the prisoner—I had known him previously, but had not seen him a great white—he said he was in great distress—I took him into a public-house, and gave him a pint of beer—we came out, and he offered to carry a bundle that I had, containing the articles stated—I allowed him—before we got to Church-street I gave him 6d., to relieve him, as he told me a pitiable story—I then said, at the corner of Brick-lane, that before we separated, we would have a pint of ale—I went into the public-house, and while I was giving the order, he was gone with the bundle—I have not seen it since—he was taken on the Saturday following.
Prisoner. Q. How can you swear to me? A. I cannot be mistaken in a person I knew three years ago, and who walked so far with me—I have not the slightest doubt that he is the man.
Prisoner. I knew him about three years ago; and did not see him till he accused me of the robbery.
GUILTY . Aged 28.— Transported for Seven Years.
Fifth Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 33.— Confined Three Months.
ANN WHITE . I am the wife of John White, a saddler, in Huntley-street On the evening of the 30th of August, I lost a gown from the landing on the third floor—I did not see it again till the policeman had it day after—this is it—(looking at it)—I know nothing of the prisoner.
HENRY METCALF . I am a currier. I lodged in the same house with an White—I met the prisoner in the street about eleven or twelve o'clock night, and took her home to this house—she was not with me more than no or three minutes—I lodge on the third floor—I do not know whether gown was there—I did not know her before that time.
THOMAS GREEN . I am a policeman. I met with the prisoner at half-past twelve o'clock on the night of the 30th of August—she had the own hanging over her arm—it was wet—I asked her how she came by it she said she picked it up in Huntley-street—she was taken, but discharged. as there was no owner.
Prisoner's Defence. I met this man—he took me to his room—we the house together—I found the gown in the street.
GUILTY . Aged 27.— Transported for Seven Years.
2148. WILLIAM BARRETT was indicted for stealing, on the 14th of August, 1 bag, value 4d.; 3 planes, value 1l.; 1 adze, value 4s. 6d.; 1 value 2s. 6d.; 1 chisel, value 1s. 6d.; the goods of George Clymer.
GEORGE AUGUSTUS CLYMER . I am a carpenter. I was at work in a new house in the Old Kent-road, on the 13th of August—I left the tools stated the lower floor of the house, about half-past six o'clock in the afternoon—I fastened up the place with a padlock—the lower part was boarded up—I went at six o'clock in the morning, and found a person had climbed to the first floor window, and taken them—these are ray tools—(looking at them)—they are stamped with my name—here is the stamp.
WILLIAM ROWLAND . I am a policeman. I met the prisoner on the morning of the 14th of August, at half-past nine o'clock, in Artillery-passage, Spitalfields, about four miles from the house—he had these tools in a bag—I asked where he was going—he said his father was a carpenter, and he was going to take them to him at Holy well Mount; but he was going the contrary way—I took him to the station-house, and then he said they belonged to his grandfather, who was dead, and his grandmother had given them to him.
Prisoner's Defence. I told him I had come from my grandmother's, and then he said that I made two or three tales—I told him I was going to Holywell Mount, to my uncle's—I was coming from the New-cross Gate, and saw the bag in a ditch—I brought them to London.
GUILTY .* Aged 16.— Transported for Seven Years.
2149. JOHN BAKER was indicted for stealing, on the 3rd of September, 1 drill, value 7d.; 1 knife, value 1d.; 2 horns, value 2d.; 1 pair of pincers, value 14d.: 1 shoulder-stick, value 7d.; 1 file, value 4d.; and 1 bag, value 4d.; the goods of John Leakey.
JOHN LEAKEY. I am a shoemaker, and live at Tottenham. The prisoner was a turn-over apprentice to me, from my brother—on the 3rd of
September he went to bed, and when I got up in the morning, a little before six o'clock, he was gone, without any notice—I missed these articles—I had other valuable property, which he did not take—they were such tools as he used to work with—I was under an agreement to maintain and cloths him till he was twenty—on e; which leaves two years and two months unexpired—this is my property.
Prisoner. I am not apprenticed by any Magistrate to him—he ill used me.
LEONARD PRINTALL . I live in Hart's-lane, Bethnal-green, and am a master shoemaker. The prisoner came to me on the 5th of September, and inquired if his cousin, who lives at my house, was at home—his cousin was not at home—I had seen him frequently before—I saw a bag with him, and asked him if he had left his master—he said he had—I told him he had better go to his aunt's, and if he wanted to see his cousin, to call in the morning—he did call, but I was absent—when I came how he called again, and I questioned him as to the property he had, and he said he had left his master on the Monday morning—I told him I thought it would be prudent on my part to write to his master—he agreed that I should write, which I did on the 6th—he left the property with me, and the next morning he said one or two things were his master's—I should say that I did tell this to the Magistrate—my depositions were read one to me.
Prisoner's Defence. My master ill-used me, and did not give me a bellyful of victuals—if I asked for any more victuals, he blowed me up.
GUILTY . Aged 18.—Recommended to mercy by the Jury.
Confined Six Weeks.
2150. FRANCIS SMITH was indicted for that he, on the 4th of September, unlawfully, maliciously, and feloniously, by force, did take away and detain a child of the age of nine years, with intent to deprive Amelia Ellis, the parent of the said child, of the possession thereof; against the Statute, &c—2nd COUNT, with intent to deprive Edwin Ellis, then having the lawful care and charge of the said child, of the possession there of.
MR. PAYNE conducted the Prosecution.
AMELIA ELLIS . I am the wife of Edwin Ellis, and live at Hillingdon My name was Amelia Blizzard—I had a son, named William Blizzard, by my former husband—he was nine years old last April—on the 4th of September I sent him to pay 6d., and he did not come back till the officer brought him back on Saturday last, the 15th—I did not give him leave to go away and stay—I do not know the prisoner—I had charge of the child—he was living with me and my present husband.
WILLIAM BLIZZARD . I am nine years old. I recollect my mother sending me to pay 6d. to Mr. Hampton last Tuesday fortnight—I paid the 6d.—when I was going home I saw the prisoner against Mrs. Hampton's—it was near the turnpike—he lifted me up into a cart, and drove away—he never said a word before he did it—it was between eleven and twelve o'clock—we trotted up Hillingdon-hill—I tried to get away, and he would not let me—he told me he wanted me to sell some herrings for him, and to mind the cart—he asked me what my name was—we had good way
then—I told him it was William Blizzard—he told me to say my name was George—he took me to London—he said he would give me a good hiding if I told the gentlemen that my name was William Blizzard—when we got to London he sold some bones that were in his cart—he did not stop at all—he went through London—I slept that night under the cart—the prisoner slept there too—the next night we came to a field where they were making hay, and he told me to get some for his horse—I said I should not, I must not—he then gave me a good hiding with the whip—I travelled with him about the country—I do not know where we went to—he beat me three times—he beat me the last time because I would not get him some turnips that were growing in a field—when he took me I was going back to my mother—I should have gone if he had not taken me—he put me up whether I would or not—I did all I could to prevent him—I was with him ten days—the constable brought me back.
Prisoner. Q. Why don't you speak the same as you spoke at Wickham?—did I ever beat you? A. Yes, you did.
Prisoner. He told quite a different story altogether there—Mrs. Hampton could prove to the contrary—I stopped half an hour for him, and he said he had got leave of his friends to go.
ROBERT JARVIS . I am a constable of Hillingdon. I had a warrant to apprehend the prisoner, and found him at Wickham last Saturday morning, fifteen miles from Hillingdon—I found the boy just opposite the Three Swans—I went up the town, and the beadle brought the boy to me—I brought the prisoner and the boy to Uxbridge.
CHARLES JAMES MURRAY . I am a constable of Uxbridge. I went with Jarvis to get the boy—he told the same story there that he has to-day—the Mayor at Wickham said to the boy," You told me a different story yesterday," and the boy said, "The man threatened to beat me if I told the truth"—h was taken at Wickham for ill-treating the boy—we heard of it, and went there.
Prisoner. I wish that statement to come up from Wickham before I am tried—Mrs. Hampton is in bed now, or she would come and say that I waited for the boy half an hour—I was heavily loaded—we both went pushing the cart up the hill—I have got a wife and six children of my own, and this is a falsity altogether—I did it to do the boy good—he said his mother had six children, and I said if he would come with me I would fill I his belly—I never laid a lash upon him—I was coming back with him that very day I was taken, to Uxbridge, to leave him there again—I did not go to London at all—I went to Hammersmith—he voluntarily came with me, and walked all the way up the hill—I asked him ten times if he was to go—he said yes, he had been home to ask his mother, and I might take him as long as I liked—what the boy has said is all wrong—what he said at Wickham was right.
GUILTY . Aged 48.— Transported for Seven Years.
SURPLICE WHITWORTH . I am shopman to Mr. Thomas Benn Sowerby, a pawnbroker, in Long Acre. Between one and two o'clock, on the 30th of August, I was in the shop, and was informed that we had lost a coat—I went out, looked round, and saw the prisoner running away, up the street, with something in his arms—I pursued, and overtook a policeman—I ordered him to run after him, which he did, and captured him; but he
threw the coat away—I did not see him do that, but I saw him carrying it—this is my master's coat—it was hanging over the door.
Cross-examined by MR. PAYNE. Q. A person could get it without coming in? A. Yes, there is a private mark upon it.
court, he threw the coat into the passage of the door-way—I took it up and then ran and took him.
JOSEPH THOMPSON . I am a policeman. I was in Long Acre, and Whitworth told me the prisoner had stolen a coat—I saw him running up with something in his arms—I pursued him, and in running through Wild-court, he threw the coat into the passage of the door-way—I took it up and then ran and took him.
Cross-examined. Q. Are you sure he is the person? A. Yes—I saw him do it—he had got about twenty or thirty yards before I took it up—there might be a child or a woman about, but there was no other man—I could not see his face—I am sure when I had picked up the coat, that I saw the same person running before me—because he had no tails on him coat—that is not the only reason—there was no man between me and him—he did not turn after I took up the coat—after I had brought him a short distance, he took a knife out of his pocket, and attempted to cut his on own throat, but I would not let him.
GUILTY .* Aged 19.— Transported for Seven Years.
2152. HENRY LEEK was indicted for stealing, on the 3rd of September, 1 coat, value 10s.; 1 waistcoat, value 7s.; 1 pair of trowsers, value 1l.; 2 shirts, value 4s.; 1 pair of stockings, value 2s.; 1 handkerchief, value 6d.; 1 pair of shoes, value 7s.; 2 sovereigns, 9 half-sovereigns, 2 crowns, 13 half-crowns, 1 shilling, and 13 sixpences; the goods and monies of Charles Fitts.
CHARLES FITTS . I am a bricklayer's-labourer, and lodge at Hampton The prisoner lodged in the same room, but not in the same bed—he may have been there two months—he was a blacksmith—on the 3rd of September I went to bed, and the prisoner and three more came up after I had been in bed—he got up first—when I went to bed all my property was safely locked up in a box—I got up at a quarter before five o'clock, and then missed it out of my box, which was not broken—it was locked again—my key was in my trowsers pocket, by the side of the box—I saw the prisoner again about half-past six o'clock the same morning, when I went to have a pint of beer—I said, "Do not you think you are a pretty fellow to rob such a poor fellow as me?"—he then asked me to drink out of a glass of brandy and water—I said, "If you deliver up my money and things, I do not want to hurt you"—he gave up my money and things, all but two sixpences; but while he was delivering it up the patrol came in.
GUILTY . Aged 20.—Recommended to mercy.— Confined Six Weeks.
I loaded up twenty-three sieves of plums; two of them, and one sieve of apples, laid on my foot-board—I gave the prisoner my whip to take care of my cart, while I went into the market—I had seen him before—I left him—I returned in a quarter of an hour, and he was gone, and a sieve of plums also—on the Thursday following I met him, and gave him in charge.
Prisoner's Defence. I told this boy that I had sold them for half-a-crown, to hear what he would say about it, that was all.
GUILTY . Aged 15.— Whipped and Discharged.
2154. HARRIET TAYLOR was indicted for stealing, on the 26th of August, 1 watch, value 3l.; 1 watch-guard, value 12s.; 1 jacket, value 1l.; pair of boots, value 8s.; 5 half-crowns, 1 shilling, and 1 sixpence; the goods and monies of George Etherington.
GEORGE ETHERINGTON . I belong to a merchant's ship. I came home about three weeks ago—about one o'clock in the morning of the 26th of August, I met the prisoner just in the Borough—I had passed the day very well—I had had a pint or two of beer through the day—we had two or three words—I went home with her, and went to bed—I put my breeches down by the side of the bed—there was a sixpence, and one penny in the rackets—I took my boots off, and put them by the side of the bed—I left the watch round my neck, with the guard—I fell asleep, and awoke between four and five o'clock—the prisoner, and my boots, money, and breeches, were all gone—I got up, and overhauled about the room, and told the policeman of it—I had given her 3s. before I went to bed—my watch was found at the pawnbroker's on the Monday—I have not found my boots since—this happened on Sunday morning—this is my watch—(looking at it.)
Prisoner. Q. Am I the woman that robbed you? A. Yes; I am certain she is the same woman.
Prisoner. The woman who robbed him, gave me the watch to pledge.
VANNAM POCOCKE . I live with Mr. Hedges, a pawnbroker, in Drury-lane. This watch was brought by the prisoner—I stopped her with it, as I lad received information that morning, and the watch answered the description.
Prisoner. That was the address the woman told me—she withdrew from the shop, and left me there. Witness. I saw no other female.
Prisoner. The other woman gave me the watch, and took me to the pawnbroker—then she left me there, and went away—she said they once had the watch there for 30s., but they had had a dispute, and she did not like to take it again.
GUILTY .* Aged 27.— Transported for Seven Years.
2155. CHARLES MERRITT was indicted for stealing, on the 30th of August, 1 handkerchief, value Is., the goods of Alfred Edward Amiable Boughlinval, from his person; and that he had been before convicted of felony.
ALFRED EDWARD AMIABLE BOUGLINVAL . I was in the Edgeware-road about half-past eight or nine o'clock on the evening of the 30th of August. I had a handkerchief in my pocket—I was walking with a friend, who saw the prisoner throw the handkerchief down on the pavement—I ran after the prisoner, and after a furious course I caught him—he behaved rather violently to me—he seized my scarf, twisted it round, and tried to get away, but I kept him—this is the handkerchief.
Prisoner. I am not the gentleman who picked the pocket.
PETER JASTREBSKI . I am an artist. I was walking with the prosecutor, and saw the handkerchief drawn—I saw the prisoner have it in his hand when he drew it away from the pocket, and throw it down—I followed after my friend, and saw what he has stated.
Prisoner's Defence. I was walking from my brothers—the gentleman collared me, and accused me of stealing his handkerchief—I am innocent.
Prisoner. I am not the same person.
GUILTY .* Aged 18.— Transported Ten Years.
JOHN WILLIAMSON PHILLIPS . I am the son of Jonathan Phillips, of Oxford-street, a china and glass dealer. The prisoner was in his employ eight or nine months as a porter—he came to me and asked me for some money of my father's, on the 6th of July—he said he was going to receive a small bill of 2l. 15s. 6d. of Lord Willoughby D'Eresby, in Piccadilly, for some goods he was going to take him—I gave him 2l. 4s. 6d. out of my father's money, to change a £5 note, and he never returned—he was at Bow-street, in custody on the 7th of September.
Cross-examined by MR. PAYNE. Q. Has this man a wife and family? A. I believe he has.
JOHN WILLIAMSON PHILLIPS re-examined. Lord Willoughby d'Eresby dealt with my father, and there was a bill sent with goods that the prisoner took that day—he was authorised to receipt the bill for them—I do not know whether the bill has been paid—it may have been paid—the family are in Scotland.
NOT GUILTY .
2157. HENRY BLEWETT and JAMES DALE were indicted for stealing, on the 5th of September, 2 pairs of trowsers, value 5s.; 2 towels, value 6d.; 2 baskets, value 1s.; 5 stockings, value 1s. 6d.; 1 printed book, value 1s.; 1 razor, value 6d.; 1 box, value 6d.; 1 shirt, value 1s.; 1 curtain, value 1s.; 1 flannel-shirt, value 2s.; 4 handkerchiefs, value 3s.; 1 spoon, value 6d.; 2 snuff-boxes, value 2s.; and part of a spoon, value 6d.; the goods of James Thomson.
fair—all the property stated was in my room, in two baskets and a bundle—the prisoners had slept there two or three nights—I have been a licensed Victualler, and came to London for medical advice for my wife—I had taken my property out with me, and when I returned I put it into my room and went to bed—when I awoke in the morning the prisoners and these things were all gone—I could not get up, as they had taken my trowsers—the prisoners were token the same night—only one or two trifling things have been found—the others are all gone—it is all I had—I believe the prisoner Blewitt sells prints in the street.
THOMAS CLARK . I am a police-sergeant. I heard of this robbery, and took the prisoners about eight o'clock in the evening, on the 5th of September—I found on Blewitt a marrow-spoon and part of a salt-spoon, and on Dale two snuff-boxes—the prisoners were remanded till the 12th, and the 12th the prosecutor identified the handkerchief which was round Dale's neck.
BLEWITT— GUILTY . Aged 16.
DALE— GUILTY . Aged 16.
Confined Six Months.
JOSEPH HENRY ELLSWORTH . On the 7th of September, about eight o'clock in the evening, I was in Chiswell-street, passing towards Finsbury-square—I suddenly missed my handkerchief—I stopped for a moment—a young man came and told me I had had my pocket picked, and pointed out two men going in an opposite direction—I followed them ten or twelve yards, when they crossed the road, and returned, following a gentleman—I saw the two persons, of whom the prisoner was one, pick the pocket of that gentleman—I had him taken, and my handkerchief was found on him, and the handkerchief of the other person which I saw him take was taken from his trowsers—he said at first that he had no handkerchief, and then he said it was given him by a young man.
Cross-examined by MR. PAYNE. Q. Did you follow the persons who were pointed out to you, and never lose sight of them? A. Yes, I think the other saw us following them—he touched the prisoner and they separated—I saw the policeman and told him of it—I did not lose sight of the prisoner—there is no mark on the handkerchief, but it is hemmed with red cotton, which is rather particular for a silk handkerchief.
WILLIAM M'DONALD . I am a policeman. I was passing Chiswell-street and stopped the prisoner—I asked him for the gentleman's handkerchief—he said he had no handkerchief at all, and then he pulled up the other gentleman's handkerchief out of his breast pocket—the gentleman seized the handkerchief and went away with it, and would not give it to me—the prosecutor then came up and took this handkerchief from the prisoner's trowsers pocket, and said it was his.
(The prisoner received a good character, and a witness promised to employ him.)
GUILTY . Aged 20.—Recommended to mercy by the Jury.
Confined Three Months.
OLD COURT.—Thursday, September 20th, 1838.
Second Jury, before Mr. Sergeant Arabin.
2159. ELLEN WILSON was indicted for stealing, on the 13th of August, at St. Giles's Without, Cripplegate, 1 bag, value 6d., and 10 sovereigns, the goods and monies of Thomas Elder Harwood, in his dwelling-house; to which she pleaded
GUILTY . Aged 13.—Recommended to mercy.— Confined Ten Days.
2160. GEORGE BURTON was indicted for stealing, on the 17th of September, 1 watch, value 3l.; 1 watch-ribbon, value 1d.; 2 seals, value 105.; 1 watch-key, value 1d.; and 1 split ring, value 1s. 6d.; the goods of George Jackson, from his person.
GEORGE JACKSON . I live at Barton Lodge, near Preston, in Lincoln-shire. On Monday night last I was in Fleet-street, about ten o'clock, returning home, accompanied by my son, and between St. Bride's church and Temple-bar, near to Chancery-lane, I was met by a person who gave me a violent push in the stomach—I thought I felt my watch gone—immediaately put my left-hand to my side and found it was so, and at the moment the man who gave me the violent thump took to his heels as quick as possible—I immediately pursued him for about thirty yards before my son came up to me—he passed me, and I called "Stop thief," and continued to purse about fifty yards—he then turned to the left, and went up a small street, through which my son pursued him, and when he was within a few yards of him, I saw a gentleman stop him, and my son seized him—I am sure the prisoner is the man—I gave him in charge, and saw him give my watch up to the officer—this is it—(looking at it.)
Prisoner's Defence. I picked the watch up by the side of a gentleman walking along the street—I was going to make my way home to get a lodging for the night.
GUILTY . Aged 27.— Transported for Ten Years.
2161. MARY SIMS was indicted for stealing, on the 10th of September, 1 coat, value 4s.; 1 saucepan, value 1s.; 1 spoon, value 3s.; and 1 towel, value 6d.; the goods of William Smith; 1 sheet, value 17s.; and 1 pair of drawers, value 6d.; the goods of Edmund James.
MARTHA MILLINGTON . I lodge in White Lion-street, Clerknwell, I wash for Edmund James, who lodges in the house. On the 10th September, at a quarter before ten o'clock, I went down to the wash-house to get a jug of water—I found the prisoner coming out with a bundle of cloths in one hand, and lid of a saucepan in the other—she was quite a stranger—she said, "I have got nothing, let me pass"—I gave an alarm,
and Mrs. Smith, the landlady, came to me and held her till the policeman same—the saucepan belongs to William Smith, and the other articles belong to James—I found the silver spoon in her pocket at the station-house.
Prisoner. I was in great distress.
GUILTY . Aged 50.— Confined Six Months.
2162. HENRY DUNFORD was indicted for stealing, on the 12th of September, 1 bag, value 1s.; 1 purse, value 1s.; 1 handkerchief, value Is. 6d.; 2 keys, value 6d.; 2 half—crowns, and 1 shilling; the goods and monies of Charles Roebuck, from the person of Elizabeth Roebuck.
ELIZABETH ROEBUCK . I am the wife of Charles Roebuck, and live in Clipstone—street. On the 12th of September, at three o'clock in the afternoon, I was walking up the street with a bag on my arm—I felt a pull at my arm—I turned round and saw a person taking my bag—he got it and ran away with it—a person going by called "Stop thief"—I believe the prisoner to be the man—I did not see him secured—he was met by a policeman and brought back directly—the bag contained the articles stated the indictment—it was cut off my arm.
THOMAS GREEN . I am an officer. I was in London—street, and heard an alarm of "Stop thief"—I saw the prisoner running towards Tottenham Court—road—I stopped him, and asked what was the matter—he said he did not know—I took him back to Charlotte—street, and met the prosecutrix—she said the prisoner had cut her bag, and I took it from his bosom, between his shirt and waistcoat—I was present at the examination, before Mr. Shutt, the Magistrate, and heard what the prisoner said—I know the Magistrate's hand—writing—I believe this to be his—(read)—"The prisoner says 'I was never here or any where else before; I did do it; I am out of work.
(Seven witnesses gave the prisoner a good character.)
GUILTY . Aged 18.— Transported for Ten Years.
WILLIAM COOK . I am a glass—burner, and live in Drury—court, Drury-lane. The prisoner has been my apprentice nearly four years—he was articled for seven years—on the 6th of September I sent him to fetch half a hundred weight of plaster, and gave him half a crown to pay for it—it was to come to 2s.—he did not return with the plaster or money—he was brought to me afterwards, and said he had spent the money.
Prisoner's Defence. As I was going up Drury—lane I lost the half—crown and was afraid to return.
GUILTY . Aged 17.— Confined Three Months.
Before Mr. Baron Alderson.
MR. PRENDERGAST, on the part of the prosecutor, being unable to prove that death was not caused by disease, declined offering any evidence.
NOT GUILTY .
Before Mr. Baron Alderson.
2165. JOHN STANFORD was indicted for feloniously forging, on the 26th of January, a certain deed, called and purporting to be a deed of indenture of assignment, with intent to defraud Samuel Bricknell.—2nd COUNT, for uttering the same, with a like intent.—Six other COUNTS, varying the manner of stating the charge.
MESSRS. CLARKSON, BODKIN, and JONES, conducted the Prosecution.
SAMUEL BRICKNELL . I live at No. 69, Brook—street, Lambeth—I am not in any business. I was formerly in the employ of the East India Company—in 1834, I was pensioned off by the Company, after long service, at the expiration of their charter—I had a brother, named Willams Bricknell—he died at the beginning of 1834—at his death I came into persession of a freehold estate at Stock well—it consisted of houses, with garden ground attached to them—they were underlet to Mr. Bricknell—I afterwards took possession of the premises, and was looking for a tenant for then—I was at that time acquainted with a gentleman, named Patten, who resided it Medway—street, Milbank—I was in the habit of visiting him—I because acquainted with the prisoner about the time I came into possession of the property—I first saw him at Mr. Patten's—he married one of his daughter—he is a surveyor, I believe—I told him I wished to get another tenant for my property, and he said he would take or purchase it—I had before that become acquainted with a person named Potter, who is a brick-layer and plasterer, in Clapham—road—I first saw him by his coming on my premises while I was there—he made me an offer for the premised, and I accepted it—that was in September, 1835—there was a written agreement between us, which was prepared by Mr. Kempster, Potter's solicitor—the paper was executed and signed the day after he made me the offer—I saw the prisoner very shortly after, and told him I had entered into an agreement with Mr. Potter, and had granted him a term for ninety—nine years, at 30l. a year—the prisoner said it was a very imprudent agreement on my part; that I had had advantage taken of me—I had received sixty guineas rent before for it—the prisoner said if he had taken them he would repair the place and build on it, and he said if I wrote him a letter, dating the letter before the agreement with Potter's it would do away with Potter's agreement—I have seen the prisoner write, and believe this (a paper) to be his writing—I received it, I suppose, two months after the conversation I have mentioned—when he presented it to me he told me this was the way my paper should be drawn out for my security, and it would then do away with Potter's Chancery suit; I should be quite safe—Potter had taken proceedings in Chancery against me—I agreed to this proposal, and he said if I went to Mr. Moore I should get the necessary deeds prepared there—I afterwards received this letter—I believe it to be the prisoner's handwriting.
(The documents here referred to, were read as follows:)
"1. A short agreement must be made, and dated in September, to show that the sale was effected at that time, in case any inquiry should arise as to the time of making the sale; this is not absolutely necessary, but it will look better.
"2. An assignment must be made to enable me to grant leases, and to render me safe in making improvements, &c.
"3. A deed must be held by Mr. Bricknell, to secure to him a perpetual rent—charge, and also a penal sum of 1000l. or 2000l., to secure to him the re—possession of the freehold in years. This term should be long enough to allow of the Chancery proceedings being brought to a close, or abandoned.
"4. The same deed must secure to me the granting of a lease for seventy years, otherwise the lease I grant would be bad."
"Great Titchfield—street, 10th Nov. 1835.
"Dear Sir,—I am sorry to hear that you have been in any trouble about Potter, in regard to your letting the Stockwell property to him. I have no idea that the Court of Chancery will compel you to confirm an imprudent and injurious contract, entered into in an unguarded moment, and by surprise, and which must necessarily be highly injurious to the interest of your successors; and as far as I am concerned in the purchase of the property—I beg you to make yourself perfectly easy, for let the matter terminate how it may, I entirely exonerate you from any liability on my account, not doubting in the least that you have acted in the matter with perfect integrity throughout. I beg to remain, dear Sir, your very obedient and faithful servant—J. STANFORD."
(Addressed to "Mr. Samuel Bricknell, Brook—street, Lambeth.")
MR. BRICKNELL re—examined. Q. Did he tell you, at any time, the use you were to make of the letter? A. Yes—in case Mr. Potter should be very troublesome with me, I was to be sure he would take no advantage of it—that it would exonerate me for any trouble he (Mr. Stanford) might get into—in consequence of his directions I went to Mr. Moore, in the beginning of January, 1836—Mr. Moore was quite a stranger to me then—I had quite a difficulty to find his house out—I went there again a day or two after, on the 6th, and Mr. Moore then produced these deeds to me, which I executed at six o'clock in the evening—I paid him 10l. to allow me to execute them.
COURT. Q. Was there any other deed executed about the same time? A. No, that was the only one, except the rent—charge deed, which was executed about a month after—(this being read, was an agreement, dated 26th January, between Samuel Bricknell and the prisoner, conveying the premises to the prisoner, in consideration of 850l.)—no portion of that 850l. was ever paid to me—(looking at some deeds)—I cannot precisely say the time I executed these deeds—it was after these time Mr. Moore moved from Harley—street to chambers—it was about a month after the other deeds, I believe—I went and executed them by Mr. Stanford's directions—he said he believed they were ready, and I went, and by chance met him there—I understood from him the object of those deeds before I executed them—he said I should be secured by a rent—charge—(the deed was here read, dated 28th January, 1836, which set out that the 850l. had not been actually paid, And agreeing to lake in lieu of the same a rent—charge of 35l. per annum, &c.)
Q. At the time you executed these latter deeds, in whose possession were the title—deeds of the property? A. In Mr. Stanford's—he had obtained
them from me the beginning of November, 1835, as soon as potter filed his bill—before that they had been kept in the Bank of England—I gave them to Mr. Stanford, because Potter filed a bill in Chancery against me—Stanford saw the bill, and in reading the bill he said they would take my deeds from me—I asked him how I was to save them—he said give them to him, and he would send them to his banker's—in consequence of that I took them from the Bank of England, and gave them to him—I had no conversation about outstanding terms at the time I executed there latter deeds—after executing the deeds I was told that Mr. Hele was in possession of the premises—I saw a copy of his notice to the tenants—in consequence of that I was advised to file a bill in Chancery against the prisoner and Mr. Hele.
(Mr. Veal, from the Six Clerks Office, here produced the bill dated 9th, March, 1838, also Stanford's answer to the same, dated 26th June, 1838.)
Q. When was it you first became acquainted with the contents of the answer to the bill you filed? A. I do not know—it was two months ago I suppose—in consequence of that I went to the office of Edwards and Wormald to make inquiry, and was there shown the deed in question—this signature to it, purporting to be mine, is not my writing—it was not made with my knowledge or authority—I never executed any deed referring to this matter but in the presence of Mr. Moore.
Q. Before the prisoner's answer was read to you, did you know of the existence of any deed which purported to be executed by yourself? A. Yes, months ago, by telling the circumstance to a friend of mine, he told me I had absolutely conveyed my property away, because I had assigned the outstanding terms—that was, I think, some months before I filed the bill—I had never seen the deed till I went on the occasion I have named, after hearing the answer read—I went before the Magistrate, I belive, about a week after I saw the deed, and complained of this offence—I published bills on discovering this, offering a reward for the prisoner—I caused him to be sought for, and a warrant was issued for his apprehension—I afterwards received information where he was, and found him at the Lock-up house in Carey—street, a prisoner for debt.
Q. By the answer which has been read, it is stated the deed was executed at Leicester, in April; where were you in the early part of April, 1836? A. At home, in London—I was not at Leicester at that time, nor for years before—I was living at my accustomed residence in April, and was very frequently in the habit of seeing the prisoner about that time—the dispute between Potter and myself was arranged last June twelvemonths—I have not received any of the rent—charge.
Cross-examined by SIR FREDERICK POLLOCK. Q. You have left the question unfinished about Potter—did you not pay Potter a sum of money to dispose of the suit? A. Yes—I paid him his expenses, amounting to about 100l., I think—I did not give him 20l. or 30l. besides—I gave him what was asked altogether—I believe it included the costs——I do not precisely know what was paid—I have receipts at home for it—I will not swear it was exactly 100l.—I think I can swear it was not 130l—it was above 100l.—part was for costs, and part to satisfy him—he said, "I have been to an expense, treating people, and so on, I will take a sum of money—and I paid him—I cannot say how many months I was acquainted with the assignment of the outstanding terms before I filed the bill—six or seven, or ten months—my bill was filed in March—I might have known of it ten months before—as far back as May, 1837, very likely—it was not
so far back as 1836—it might have been twelve months back—I think not more because I lost sight of the gentleman who gave me the information—he was then living at Mr. Wright's, who is one of the trustees—my present solicitor, Mr. Hodgkinson, prepared the bill—the reason it was not come before was, they did not choose to go on with it—I was desirous—I saw the answer I suppose about two months after the bill was filed—Mr. Sanford, I believe, owns a house in Pall Mall—I have been there repeatedly—I knew he lived there—he is a married man, and has one child, I believe—he has been married two or three years, I suppose—I knew him as a single man.
Q. Now did not you go to his house in Pall Mall, and against the pillars of that house stick certain placards? A. They might be stuck there, I do not stick them—I went there with some in my hand, and gave one into the house—I do not think I gave more—I cannot tell what became of the rest—several were distributed—I have got some of them now by me—I do not know that I directed them to be stuck on Mr. Stanford's houses—they might do what they liked with them—they might be about the pillars—I dare say that was done by my directions.
COURT. Q. You took them in your pocket for that purpose? A. Yes, I had them in my pocket.
SIR F. POLLOCK. Q. Did you leave one at Yates and Turner's, solicitors, in Great George—street? A. Yes—I did not throw several down the areas in the immediate neighbourhood—I do not know who did—I did not give directions for that to be done—I think I did not throw any down—I cannot swear I did not—this is one of the papers—(looking at it)—I went to Mr. Stanford's house—I did not see him on that occasion—I swear that—I saw a girl—I have seen him there on many occasions, but when I went with the bill I did not, nor afterwards—I can swear I never saw him after I issued the placard—I will swear I did not see him the day I was there with the placards, to the best of my knowledge—I will swear positively I did not—I left one of the placards with Martin, a shoemaker, in Pall Mall—I knew he was one of Mr. Stanford's tenants—I went before the Magistrate a few days after about a complaint of Mr. Stanford against me for libel—I cannot recollect whether it was two or three days—it was at Union Hall—Mr. Stanford was not there—no one was there to make any complaint against me—I put in bail—I was not told, when before the Magistrate, that Mr. Stanford had made a complaint against me for libel—I was brought before the Magistrate for publishing this bill—I was not before the Magistrate on a charge of libel—it was for publishing a bill—I do not know whether that was called a libel—I am at this moment under an indictment for issuing these placards—I was indicted for libel a few days after.
Q. Now, when before the Magistrate, did you make any charge against Mr. Stanford for forgery? A. No—there were very few words said—the Magistrate advised me to put in bail—I told the Magistrate the circumstances, and asked him for a warrant—he said it was out of his district, or else he should have no hesitation under the circumstances to grant it—it was Mr. Trail—I did not prefer an indictment against Mr. Stanford for forgray till after I was indicted for the placard, but I had the intention—I had no intention of doing so till I saw the instrument itself—I had been told of its existence, and I took steps about it months ago—I employed Mr. Watts, a solicitor—I do not suppose he is here—this is not my handwriting—(looking at the signature of a letter which was doubled down.)—I
swear that—it is nothing like it—if you speak of the signature, it is not anything like it—I think I should say myself that it has not the remotest resemblance to my writing—I became acquainted with Mr. Stanford through Mr. Patten—I have property besides that at Stockwell.
Q. Where? A. I am not exactly prepared to say whether I shall expose my affairs—I only appeal to you as a gentleman—I have some in Commercial—road—there was at one time a notion that a rail—road might pass there—I did not consult Mr. Stanford on the subject—I had some conversation with him about it—I see in his answer he speaks of it, but I did not take his opinion about it—I had no occasion to ask his opinion about it—common conversation occurred that I had a house or two there, and should be glad, as it would better pay me, if they went over it—I have the ground—rent of four small houses there.
Q. How many other houses have you ground—rents of? A. I do not know that I am to tell you, to expose my affairs.
Q. How many houses are you interested in, and collect the rents of? A. None as houses—two or three as ground—rents—I do not suppose I have more than seven, and those are very small—my pension from the East India Company is 11s. a week—I made the agreement with Potter in 1835—I had seen Mr. Stanford about the property before I saw Potter at all—he knew of my having the property—he had made me an offer for it before I saw Potter—I had not accepted his proposal'in anyway—I had not entertained it at all till after the agreement with Potter.
Q. May I ask when you first had any difference with Mr. Stanford?
A. At the latter end of 1836—it was because he did not pay me the rent charge, and I saw there was a deficiency somewhere—I went to his house in Pall Mall—I do not know when that was—it was the latter end of 1836.
Q. Did you not throw yourself down in his chamber, and roar out "Murder?" A. Yes; I did throw myself down, and when he laid hold of me, I called out "Murder"—he desired me to go out of the premises—I took him before the Magistrate, and charged him with an assault, and the charge was dismissed—I have known he had a house in Pall Mall for two or three years nearly—I think he went into it soon after this circumstance in April—I have said that he got that property with my money, and I suppose so now—I hav not been there and demanded the house as the produce of my property—I never said I would have him out of that house, and if he would leave it I would put him into another—I said he deserved another house, that he had wronged me, he had defrauded me of my property—I said I would, if I could, put him into another—I did not say that he should go out of the house, and claim it as my property—I would not have the house—I said he had got it with my property, and had no business there—I did not want to turn him out, and get into it myself—I should not know what do in it—I did not say, "I put him into—I did not say I will have him out of it"—I saw the servant when I went there—I do not know her name—I have been there many times, because I was on friendly terms with him for a year or two on and off—I was on friendly terms with him after the assault took place, for a twelve month I should say—this letter is not my hand-writing—I have heard of this letter, but as there is a great God, I never wrote it—it is a shocking thing to fix me with such a thing—on the 10th of February, 1837, I lived where I do now—the nearest Two-penny Post Office to my residence is in Mount-street or Mount-row—I have lived
there three or four years—I do not know a person named Piper, to my recollection—I have heard of Thompson, but I do not know him—no person thought any deed to me in April, 1836—no one came to my house in April with a deed—I did not say I would take time to consider upon—it was not left with me—(a person named Thompson was here called into court.)—I do not know that person—I never saw him in my life—I do not know the name of Piper at all—I know nothing of Mr. Moore, the solicitor, being sometimes absent from his business—I do not know whether anybody attended to his business during his absence—I never was there above once or twice—I never delivered a deed to any person of the name of Russell—I never delivered the forged deed to a person of the name of Thompson or Russell—I sever saw it till I saw it at Mr. Edward's office—I do not know Thompson or Russell—I never saw either of them—I lodge at Miss Taylor's, who keeps a school.
MR. BODKIN. Q. You have been asked about placards being pasted circulated by yourself and your desire, is this one of them? A. Yes; before they were issued I had applied to a Magistrate for a warrant to apprehend the prisoner—it was a verbal application by myself—the magistrate said it was not in that district—I applied at other offices and told it would not be necessary; if I could get a policeman I might end him—before the placards were issued, my solicitors applied to the prisoner's attorney with respect to their surrendering him or telling there he was—I did not accompany them to the prisoner's attorney for that purpose—I attended before the Magistrate after the indictment was found against, me to put in bail—the prisoner was not there. (The placard was here read, offering a reward of 5l. for the apprehension the prisoner, and describing his person.) GEORGE JAMES MOORE. I am an attorney, residing at Blandford, in Dirsetshire, with my father. In 1836 I was practising in my profession in Harley street—I know Mr. Stanford, and also Mr. Bricknell, the prosecutor—I gave instructions to Counsel to prepare some deeds in which they were parties—I received 10l. from Mr. Bricknell on account of the expanses—Mr. Stanford first mentioned the circumstance to me, and I believe Mr. Bricknell was also with him several times subsequently—Mr. Stanford brought the draft of conveyance to me previously prepared, and stated it was the sale of the premises by Mr. Bricknell to him, but it was agreed between them that the consideration—money was not to be paid, but in lien a rent—charge of 35l. was to be given—I laid the instructions before Mr. Jarman, and requested him to prepare the conveyance—there was a reference to the rent—charge in the conveyance—on my giving instructions to Mr. Jarman, he required an endorsement of the rent—charge on the deed—I explained the circumstance both to Mr. Bricknell and Mr. Stanford, and requested the endorsement should be made—they both objected to it, Mr. Bricknell saying he was perfectly satisfied with the conveyance, and objected to it with Mr. Stanford—I requested the parties to sign a memorandum, stating it was their express desire the endorsement was not made—I explained it, I apprehend, as fully as I possibly could to both parties—I understood Mr. Bricknell and Mr. Stanford were connected by marriage—I thought Mr. Stanford had married a relation of Mr. Bricknell's—I cannot state from which of them I heard that.
Q. In the course of your communication with them, did you ever hear any thing or have any thing to do with any assignment of terms? A. I
never had any thing to do with any assignment of terms; but on looking at my papers, I find a note written by Mr. Stanford to me, which has reference to an assignment, but I never heard of the existence of a deed—(producing the note.)—I received this note subsequent to the execution of all the deeds, and their being given up—I never saw this deed assigning the outstanding leases till the last time I was called here last Sessions—Mr. Stanford never gave that deed to me to get executed by Mr. Bricknell—I never heard any thing of the party.
Cross-examined. Q. Were you attorney for both parties, or only for Mr. Bricknell or Mr. Stanford? A. Both parties—I first knew Mr. Stanford; but I was concerned for both parties—Mr. Bricknell paid me 10l. on account of fees to counsel, and so on—I received this note at the time it is endorsed by me—he says in it that he will call on me about the outstanding terms, but I never heard of it before, and never saw him about it after wards—he says, "I will call about the proceedings of my brother"—he did not call about his brother's proceedings—about June I was absent from my business—I think not before—I am occasionally absent from business—a lad in the office attends to the business while I am out—I do not know a person named Piper, to my knowledge—I never heard of the name—I was not absent then from pecuniary difficulties—I was subsequently—I was neither in prison or out of the way—I was in the Isle of Wight at that time, in March, April, or May—to the best of my recollection I was not absent during any part of April—J cannot positively swear it without consideration, but I could if I were to refer to my dates—I was not in confinement then, but I was in December, 1836—I was taken in execution—I think those difficulties existed in the month of April.
MR. JONES. Q. As near as you can tell us, in what month was it is he finally ceased to have any thing to do with the parties or their deeds? A. To the best of recollection, the last communication I had with Mr. Bricknell or Mr. Stanford on the subject, was at the date of the note in March—I had nothing to do with either of them in my office since that—I forget the name of the lad I left in my office while I was absent, but his mother keeps a shop in the passage between Lincoln's—inn and Lincoln's-inn fields—he is twelve or fourteen years old.
RICHARD GRIFFIN EDWARDS . I am an attorney, carrying on busines in partnership with Mr. Wormald; our office is at No. 12, Great James-street, Bedford—row. The draft of this freehold conveyance was prepared by Mr. Carter, who has chambers in the house; in fact, the whole house is his property—the prisoner came to make an apology, in having removed the draft from Mr. Carter's office—he said he considered there was a delay in the business, and had taken it to another attorney, and got it engrossed—I am not certain that he mentioned the attorney's name—he wanted to raise 500l. on the estate—I had a client at that time of the name of Hele—I negotiated between the parties for Mr. Hele to advance the money—when the terms were agreed to, Mr. Stanford brought me the title—deeds, and I proceeded to investigate the title—the draft of the freehold conveyance was prepared in our office—the rent—charge was not—I never heard of that for a long time afterwards—when I proceeded to investigate the title I found outstanding terms which must be got in—I told the prisoner they must be called in, and assigned to fresh trustees—he made some little objection, but at last said, of course, if I insisted on it, it should be done—the draft of the deed of assignment of terms had been prepared by Mr. Carter at the time of
the conveyance, and finding that was not executed, I insisted on its being executed—I forwarded the draft to the solicitor of the trustees for his apoval, and afterwards, on its being returned, got it engrossed—it was then executed by the trustees, after it had been executed by Mr. Stanford, and thought to me as executed by Mr. Bricknell—I gave it into the hands of Stanford to have it executed by Mr. Bricknell—at that time it was not executed by either of the trustees—it was executed in my office by the prisoner, and witnessed by my clerk—he told me Mr. Bricknell was gone to Leicester, and the deed must be sent there to him—he told me Mr. Bricknell at Leicester on the same day as I delivered the engrossed deed to him—was all one conversation—it was first intended I should send it by coach, but in the course of the conversation, there seemed some doubt whether he had got the correct address of Mr. Bricknell at Leicester, and I trusted the to him, that he should go to Mr. Bricknell's house, to ascertain the correct address—I wrote a letter to Mr. Bricknell by his direction, as to how it was to be executed, and it was put into the parcel—I cannot be certain whether I told the prisoner how it should be witnessed—I gave him he letter and deed, made up in a parcel—I did not know where Mr. Brick-lived at that time, except so far as the address said, at Lambeth—I had never seen him then—this was on the 21st of April, 1836—on looking at my papers, it appears I saw the deed again on the 25th of April, because on that say I forwarded it to Mr. Wright, the solicitor of the trustees, for execution—the prisoner brought it to me on the 25th of April, purporting to be executed by Mr. Bricknell—that was at my office in Gray's—inn—he did not tell one in what way it was executed—he brought it back, saying, "Here it is, executed," and, of course, I asked him no questions.
Cross-examined. Q. If I understand your statement right, the original draft of the assignment of terms was prepared along with the lease and re-lease, as part and parcel of that transaction? A. Certainly, and they were all intended to be executed together.
Q. Have you any reason to know that Mr. Stanford left behind him the assignment of terms at Mr. Carter's chambers from anything but inadvertence or omission? A. I look upon it he thought the other deed quite sufficient, and did not know the distinction—I did not see Mr. Bricknell at all about the matter at that time—I did not see him at the time the drafts were prepared—the assignment of terms was, as a matter of course, to be executed with the other deeds—the draft of the re—lease was gone from the chambers—I was very angry, and Mr. Stanford apologised and explained how it arose—I never corresponded with Mr. Bricknell, or saw him write—I parted with the document said to be forged on the 21st, and got it back on the 25th.
SIR F. POLLOCK to GEORGE JAMES MOORE. Q. Were the deeds stamped when Mr. Bricknell executed them? A. No, they were not—I understood he was going out of town—I do not know whether he said so.
MR. JONES. Q. From whom did you understand Mr. Bricknell was going out of town? A. I do not know—I believe Mr. Bricknell and Mr. Stanford have been together at my office.
SIR F. POLLOCK to RICHARD GRIFFIN EDWARDS. Q. Do you know enough of Mr. Bricknell to be able to answer me this question, whether you would believe him on his oath, or not? A. I would not believe him on Oath, certainly.
MR. BODKIN. Q. Be so good as to state the grounds on which you
swear he is not to be believed? A. My grounds are founded principally on this, that this conveyance by him to Mr. Stanford, coupled with that deed of rent-charge, and the terms of it, shows it was only a colourable sale, and not a real sale; and by his answer to the bill in the Court of Chancery, he swears he has sold and conveyed to John Stanford that estate—I know nothing more of him than this transaction—I was Mr. Stanford's attorney in the Chancery proceedings, and am not discharged from that now.
COURT. Q. You mean in the case of Potter and Bricknell; because he has sworn falsely in that suit, you would not believe him on his oath? A. Certainly.
JOHN LAWTON . I am a solicitor, at Leicester, and have lived there all my life. My son is in partnership with me—there is no other solicitor there of the same name—I understand there are three other persons there, which I was not aware of, whose names are pronounced in the same way, but they spell it "Laughton"—one is a shoemaker—his father keeps a little beer-shop, and he has a cousin a journeyman carman—I never had a clerk in my service of the name of Anthony Edes.
Q. Have you, in company with Mr. Hodgkinson, Mr. Bricknell's attorney, made inquiry whether there was any person named Lawton, who has a clerk of the name of Edes? A. I did, on Saturday last, inquire for Lawton—I found the one who keeps the public-house, and his son and nephew—we searched the parish assessments for 1835 and 1836.
Cross-examined. Q. Probably you do not know any thing of Mr. Bricknell at all? A. I never saw him till I came up to town—I am a total stranger to the whole transaction altogether.
MARY ANN TAYLOR . I keep a school in Brook-street, Lambeth, Mr. Bricknell lodges with me, and has done so between three and four years—he went out of town, as near as I can recollect, at the latter end of the summer of 1836, about the autumn, I think—I do not think he was gone above two or three days—he was at home in April, and all the year, except the time I mention—I do not know the prisoner.
NOT GUILTY .
Before Mr. Baron Alderson.
MR. BODKIN conducted the Prosecution.
CALEB EDWARD POWELL . I am assistant solicitor to her Majesty's Mint. I produce a copy of the record of the conviction of Charles Stevens at the Central Criminal Court, in April Sessions, 1835—I have examined it with the original record in Mr. Clark's office, and it is a true copy—(read.)
WILLIAM DYKE . I am a constable. I know the prisoner—in April Sessions, 1835, I was present in this Court when he was tried for passing two counterfeit half-crowns at Greenwich—he is the person who was convicted of that.
JAMES WATSON . I am a bookseller in the City-road. On the 18th of August, the prisoner came to my shop, about nine o'clock in the evening, and asked for a Penny Magazine—he tendered half-a-crown which I looked at—I was doubtful whether it was good or bad, and would not changed it, rather suspecting it—I showed it to three or four persons in the shop, who
examined it—I did not lose sight of it—I told him I should not give it up to him, as it was a had one—he said he had taken it—I said I should tin it till he brought some respectable person who could testify to his character—he went away, saying he would bring somebody to do so—I put the half-crown in a place under the counter, separate from any other money—it remained there from the Saturday evening the 18th, till the following Monday week, the 27th, when I gave it to the policeman—I did not see the prisoner again till he was in custody.
Prisoner. He said at Worship-street he was not positive of me. Witness. I am quite positive he is the man—he was there three or four minutes—I have two gas lights in my shop.
JOSEPH STANNARD . I am a policeman. On the 27th of August, I received half-a-crown from Mr. Watson—I have kept it ever since, and now produce it—in consequence of information given me by Watson, I was present when our Inspector took the prisoner into custody on August 31.
MARY ANN LANE . I am in the service of Mr. O'Brien who keeps the Baker and Basket public-house in Worship-street. On Friday the 31st of August, about eleven o'clock, the prisoner came in with another man and called for a pint of porter—I served him, and he paid me half-a-crown which I threw into the till with the halfpence—there was silver there, but no half-crown, I am quite sure—I gave him the change—they did not stay to drink the beer, but poured part of it into another person's pot, and left—in consequence of that I went to the till and examined the half-crown—I had not been away from it more than two or three minutes—on examining I found it was bad—I went to the door and saw them going up Curtain-road—I came back and was in the act of taking the half-crown from the till again to take it to my mistress, when the officer came in, and I gave it to him—I saw the prisoner in custody in five or six minutes.
Primer. Did you not put it in with the rest of the silver? Witness. No, with the halfpence.
MR. BODKIN. Q. Why did you put it with the halfpence? A. I very frequently do in a hurry—I am certain there was no other in any part of the till.
DENNIS HUDE . On the morning of the 31st of August, I saw the prisoner in Worship-street go into two or three houses, and at last into the Baker and Basket with another person—I did not see him come out, but I got information from other officers, and went to the house, and received from Mary Ann Lane this half-crown which I gave Mr. Field.
DAVID CORSTOPHAN . I am a police-inspector. I was near the Baker and Basket on the 31st of August, and inconsequence of information from Hude, I followed the prisoner and took him into custody, with another who was afterwards discharged—I searched the prisoner and found a crown-piece, 2s. and 4d. in copper, all good money, on him.
Prisoner's Defence. I was never inside the magazine shop.
GUILTY .—Aged 22.— Transported Fifteen Years.
Before Mr. Justice Vaughan.
2167. ALFRED STAMFORD was indicted for that he, on the 14th of August, upon John Scott, unlawfully, maliciously, and feloniously, make an assault, and with a certain pistol loaded with gunpowder leaden shot did shoot at him, with intent to maim and disable him.—2nd COUNT, stating his intent to be to do him some grievous bodily harm.
JOHN SCOTT . I am sixteen years old, and live in St. Helena-place About five minutes before two o'clock on the 24th of August I was coming to my work, and saw a lot of boys running after the prisoner's not know him before—I looked him in the face—he said if I touched him would fire—I was not going to touch him—he no sooner said the word than be fired the pistol, and hit me in the head—I saw the pistol in his hand—I was three yards from him—I had said nothing to him to provide him—I never had any quarrel with him—I was hurt on the head, and bled—Charles Webb caught hold of him, and a policeman came up were about six boys running after him—I do not know what they doing.
Cross-examined by. MR. DOANE. Q. Had not one of the boys an of metal in the shape of a sword? A. Yes; a piece of zinc—that was dinner-time, one o'clock, and this happened at five minutes before o'clock—the boy with the zinc was one of those running after the prisoner—I was hit on the side of my head—I was taken to a surgeon—I do not know what he said about it.
COURT. Q. You have not had a surgeon since, I suppose? A. I on Saturday morning, and he probed me—that hurt me more than the shooting.
CHARLES WEBB . I saw the prisoner shoot at Scott—he was about three yards off—directly he shot he ran away—I ran round the and caught him—I found a pistol in his pocket, and gave it to the policeman Cooper—his sister came up, and asked me to give it to her, but would not.
JOHN RAY . I am fourteen years old. I was playing with some other boys oh the night before this happened—there were four of us—the prisoner was standing at his gate—I asked him if he went to school, and said, "If you don't go I will get a pistol and shoot you"—he went, and he stood at the gate, and he came out with a pistol—I saw him next day when this happened to Scott—I ran after him that day with a piece of zinc about a yard long—it was not a sword—a boy had thrown it into the road and I picked it up—there were about six of us boys going after him—I threw the zinc away before I ran after him—he stopped against Southampton-street, held the pistol up, and said, "If you don't go away I will fire"—he fired, and hit Scott.
Cross-examined. Q. Were not you throwing stones at the prisoner A. I threw stones, but not at him—I threw them in Fitzroy-square—some of them hit his back—I did not say I would cut his head off, nor did I hear anybody say so.
into custody, about two o'clock in the afternoon—I found Scott bounded, and the blood running down his head on his shoulder—I received pistol from Webb—it appeared recently discharged—he said nothing the time—I took him to the hospital, and the surgeon asked him what shot the boy for—he said because the boys plagued him—they asked that he had in the pistol, and he said, two large shots that a boy had given him, and that his parents knew he had the pistol—I found a pistol ball in a pocket—it will not go into the mouth of the pistol, but if it is unscrewed a pistol will carry it.
GUILTY of an assault only. Confined One Day.
Before Mr. Baron Alderson.
CHARLES GREGORY . I keep a carpet warehouse in Regent-street. about half-past ten o'clock in the morning of the 6th of September I was the end of my shop, when the prisoner and another man came in—the prisoner went op to a roll of carpet and helped the other man to two lengths, and both went out as quick as possible—I ran out—the other man dropped the carpet—I followed the prisoner, and never lost sight of him accept in turning the corner—I secured him in a street which he turned up—there was nobody in the shop at the time—I was in the counting-house porter had not left the shop a moment.
Cross-examined by. MR. DOANE. Q. Where is the counting-house? A. At the further end of the shop—there is no partition to intercept the sight it is between thirty and forty feet—I overtook him in Tyler-street, I link it is called—he went down a turning four shops from ours, up a passage the other man turned to the right, down King-street—they both went up the passage till they came to King-street—there were people about—I "wear positively to the prisoner.
COURT. Q. You lost sight of him when he turned up the passage? A. both ran up the passage together—at that time the other man had he carpet, and when he dropped it they separated—I did not lose sight of the prisoner after that till I took him—he was not running when I him—finding a cry after the other man, he slackened his pace, as if had nothing to do with it—I am quite certain of him, I saw his face—I had a famous profile view, and also three parts of his face.
WILLIAM POLLARD . I am a butcher, and live at the corner of King-street, in Probert's-place, which is the passage—I saw two pieces of carpet lying in front of my shop—I went out—Mr. Gregory came up—I look them into my shop while he pursued the prisoner—I delivered the to his man.
GUILTY . Aged 21.— Confined Twelve Months; one week in each month solitary.
Fourth Jury, before Mr. Recorder.
and left without notice—I supply Mr. Algar, of Bedford-row, with the Morning Herald—on the 30th of January his bill was 1l. 2s. 1d. two months—the prisoner was employed to receive money on my—he sometimes gave me the money when he came home, but generally wrote a list out at night—he had no authority to retain it—I always expect it in the evening.
MR. CHASSEREAU re-examined. The prisoner never paid me this money—this receipt is his writing.
(The prisoner received a good character.)
GUILTY . Aged 16.—Recommended to mercy.— Confined One Month.
2170. GEORGE GARDNER , GEORGE WINTER , and WILIAM PECKHAM , were indicted for stealing, on the 18th of her, at St. Sepulchre, 1 bag, value 1d.; 4 crowns, 18 half-crowns, 80 lings, 80 sixpences, and 25 fourpenny-pieces; the goods and of Keable Smith, in his dwelling-house.
KEABLE SMITH . I keep the Rose public-house, in Farringdon-street in the parish of St. Sepulchre. On Tuesday, the 18th of September, I had a bag of silver in my till, consisting of crowns, half-crowns, shilling, sixpences, and fourpenny-pieces, to the amount of 10l.—about seven o'clock that morning the three prisoners came into my house, and ordered a pot of beer, and laid down 31/2 d.—I said it was 4d.—they disputed about paying the other halfpenny—they wanted Peckham to pay it—he declared he had no money, and showed them his pockets—about a quarter to eight o'clock my bag of silver was safe in the drawer, and they went drinking and smoking in front of the bar—I had occasion to go back for a second, when I returned they were there, still but went away in an instant—when the newspaper came, about seven minutes before eight o'clock, I went to the till to get money to pay for it, and missed my big of money—they had been gone a very few minutes—there was nobody but them drinking at the bar—I immediately named it to my wife—the bag was the sleeve part of a lady's kid glove—there was a bad sixpeace among the money, and a cracked sixpence also—anybody standing" front of the bar could reach the till—the counter is very narrow-about a quarter past nine o'clock, while at breakfast, an individual came in and gave me information, in consequence of which I went to the Fox and Knot public-house, and found the prisoners there—the officers went in before me, and found the money before I entered—they told me in the prisoners' presence that they had found the money on them—I then stated that among the silver they would also find a bad sixpence, which I had taken the night before, and had bent it on the head side, and they would also find a cracked sixpence, which was good silver, but which many people would not take—they were taken to the station-house, and there separate lots of silver produced—the bad sixpence was found in one parcel, which Scott produced, and the cracked one in another—Waller produced two parcels, and Scott one.
winter. Q. Is ft possible it could be taken in less than a second? A. I said I left not more than a minute—nobody could have taken it before I left the bar—I missed it immediately on my return—the prisoners were near enough to take it, and at the station-house I asked Peckham how ever they got the bag, and which took it—he said, "The one in the white apron,"(Winter,) and that he wanted them to carry it, but they said as he took it, he should carry it—Winter heard that said, and did not make any reply.
Winter. Q. Was I sober? A. You pretended to be tipsy, whether you were really so, I cannot say—I left the bar while you were there. Gardner. I asked you to take care of a half-crown for me. Witness. Yes—you asked if I would allow you to leave half-a-crown there, and I said yes—you gave me half-a-crown, and I laid it on my shelf—(I gave it to Sergeant Waller)—I did not put it with my other money, which I have no doubt was their object.
SAMUEL BARHAM . I keep the Fox and Knot, in Fox and Knot-court, King-street, Smithfield, within a quarter of a mile of the prosecutor's. The prisoners came to my house a little after eight o'clock in the morning of the 16th of September—they appeared the worse for liquor—they stood round the fire-place—I observed Winter with a light-coloured leather bag in his hand, full of silver—Gardner and Winter went into the parlour to tettle an account, and I heard the silver rattle—they asked for ink and paper—I could see into the room, through the window—they sat down together—I heard a great quantity of silver shot out of the little bag—after being in the room some time, they came out, and gave Peckham some silver, and told him there was nothing but copper in the bag—I called Peckham aside, and asked him if there was not something wrong, and in a little time he told me there had been a robbery committed in a public-house in Farringdon-street—I took him to my bar, and said, "Show me the manner the robbery was committed"—I did not know him before—he came to my bar, drew out my till, leant over the bar, pulled the till forward, pointed to a partition in the back part of the till, and said, "That is the part where the purse was when they took it away"—I went up stairs to Mrs. Barham, who was not up, and stated the circumstance, and wanted to go and give information—a friend came in—I told him to go and inquire at the public-houses if such a thing had happened, and with—in a quarter of an hour Smith and two officers came to my house, they apprehended the prisoners, and found silver on each of them.
Winter. Q. Did not you say in your examination, that you saw no bag at all? A. No—you took it out and put it on the seat in the tap-100 m—you and Gardner asked for pen and ink, and went into my parlour, and there, I presume, shot it out—I heard it shot out—it came out, I suppose like twenty pounds weight.
CHARLES WALLER . I am a sergeant of the police. In consequence of information from Smith, I went to the Fox and Knot, in company with Scott—I saw the prisoners there in the tap-room—I told Winter to get up, I wanted him and the others for a robbery in Farringdon-street—he pretended to be very much in liquor, and tumbled against me—I said, "What have got about you?"—he said, "I have got some money"—I tore his pocket right from his trowsers—he did not say how much he had got—he pretended to be so much in liquor he could not answer me—I went Peckham, and asked what he had got—he said he had got a few shillings—I
asked how much—he said 7s.—I found 9s. on him—I told Scott to search Gardner, and he found some silver on him—it was all tied up in three different portions, amounting to about 9l. 19s. altogether—Peckham said, in their presence, that he had seen Winter (pointing to him) take the bug from the till, and he was not going to make a noise-be wanted him to carry it, that he would not carry it, but he would not make a noise, and would not hollow—we took them to the station-house—Smith told me I should find a bad sixpence and a cracked sixpence—on Winter I found 5l. 4s., with a bad sixpence among it, and among what was found on Gardner was a cracked sixpence—Peckham said the others had give him the money he had.
Winter. Q. You swear I pretended to be drunk, why was not I brought up on Tuesday morning? A. You were drunk, but not so drunk as to pretended to be—you shammed more than you were—you were not in a fit state to go before a Magistrate, certainly.
Winter. I could hardly speak—I have not recovered the effects of on yet. Witness. All three were in liquor, but not so bad as they pretended to be.
Winter. There are so many bad ones alike.
Peckham's Defence. I am quite innocent of it—when I was at the house they asked me to have a drop of beer; as to the prosecutor saying I said I saw the man take it, I did not—I said he was close against the bar, but as to my saying he took it, I cannot say it.
GARDNERS,*— GUILTY . Aged 24.
WINTER*— GUILTY . Aged 22.
Transported for Ten years.
PECKHAM— GUILTY . Aged 30.— Confined Six Months.
2171. CHARLES ORAM was indicted for feloniously breaking and entering the dwelling-house of Sarah Dinsdale, on the 26th of August, with intent to steal, and stealing therein 1 purse, value 6d.; 1 ring, value 6s.; 1 breast-pin, value 1l.; 1 neck-chain, value 5l.; 8 sovereigns, and 6 half sovereigns; her goods and monies.
SARAH DINSDALE . I am a widow, and live in Farringdon-street, in the parish of St. Sepulchre. I am a haberdasher—on Sunday, the 26th of August, I had in my cash-box a purse, containing eight sovereigns, and six half-sovereigns—it was a small brown purse, locked in a cash-box, in a drawer in my bed-room, the door of which was locked—I had a gold ring, with a stone, and a gold guard-chain, with a small diamond set with stones, in my dressing case in my bed-room—the prisoner's brother lodged with me—he had himself lodged there, but had left about a week—he came there on the day in question to see his brother—I opened the door as usual—it did not appear forced—I discovered my dressing-case open, but thought I might have left it so, and said nothing about it until the morning, when I found my cash-box had been opened, and locked again—I kept the key of it in a basket in the bed-room—anybody in the room could open it, and replace the key.
in the Bank of England—the prisoner was acquainted with me—I have seen him several times—I met him at the Sir John Falstaff public-house, Old-street, he had a gold ring, with a blue stone, on his finger—he said he intended to give it to me, which he did, but he had it again on the Wednesday morning—he did not ask for it, but I did not want to have any thing to do with his ring, or him, and returned it to him—he was not a sweetheart of mine—I should know it again.
Prisoner. Q. Did not I take it out of pawn—did not you pledge it? A. Yes; I did not want it in my possession, and pawned it for 1s.—I gave you the duplicate next morning, and you left the house, and your friend went and got the ring.
EDWARD WILLIAMS . I keep the Sir John Falstaff public-house, in Old-street. The prisoner came to my house on the evening in question—I do not recollect what night it was, but it was the night named in the indictment, because the officer came and asked me about it—I cannot swear to the day at all—he gave me eight sovereigns to take care of—he had some Mends with him, and seemed very much in liquor—I said, "You have been drinking a great deal, what will your master say to this?"—he said, "I am not going to master's again; I have had a fall-out with him, and he has paid me my wages"—his friends said, "You had better leave the money with the landlord," and he gave me a purse—he said, "There is a chain in the other end of the purse"—he came to me next morning before I was up—I took the purse out of my pocket, and he said, "I only want a sovereign"—I said, "You seem quite sober, I shall return you the whole; count it, and see it is right"—he counted the sovereigns, and there was a gold chain in the purse—it was a dark-coloured purse—it might be black, or brown, or dark-green, I did not notice—I gave it back to him.
Primer. This girl Kay told me she was single—Let her at the Falstaff—a singer named Daley, but who goes by the name of Williams, introduced her to me as his wife—she told me, about five minutes afterwards that she was single, and asked me to go down stairs with her, which I accordingly did—she asked me to give her 1s.—I said I had not got one—she said she would meet me again next Monday, and I have seen her several times, and been with her, and given her money, and now she pomes against me—I gave her money to redeem the frock she has on her back now, and she me robbed of 3s. 6d.
MARY BRIDGE . I am in the service of Mr. Baker, a surgeon, in Dorchester-place, New-road—the prisoner was also in Mr. Baker's service for a fortnight—I recollect master giving him leave to go and see his brother, who lived in Farringdon-street, for two hours—he returned about six o'clock, and said he had seen his brother, and his brother had given 1l.—he pulled out a handful of silver, turned it over in his hand, and said he had got more money than neighbour Baker, (that was his master,) and he would fight him—he had a pin in the front of his shirt—he asked my opinion of it—I said it was very well, and he said he would either give me the pin or a gold ring before he left—on the Monday morning he came and told me that master had paid him his wages—I saw 6s. in his hand—master sent him out in the evening with some medicine, and he did not return till next morning about half-past six o'clock—I asked him where he had been—he said, "Oh, never mind," and that he had laid in a better feather-bed than
he had here—he asked me to go and get him the key of the stable—I went and master asked for him—he went up, got the key of the stable, and took his box out at the back gate—he had got a young man with him he bid me good-bye, and went away—he never gave me the pin or ring—he told me a young woman, who was in love with him, had given him the pin—was going to take it out of the front of his shirt to look at it, and he said "Do not take it out, a young woman gave it me, and stuck it in my shirt"—when he was going away, I said to him, "Where is the pin you promised me?"—he looked into his box, and said, "I am d—if I have not lost it."
Prisoner. Q. Can you swear I said I would fight master Baker? A. You did, Charles, and the answer I made at the time was, "It is very foolish." JAMES BAKER. I am a surgeon, and live in the New North-road. The prisoner was in my service for a fortnight—I took him in consequence of a recommendation of a sister of the prosecutrix—on Monday be asked permission to go and see his sister, who had returned home to his brother, and was dangerously ill—I allowed him to go for two hours—I sent him out a the evening with medicine, but he was out all night—he returned about six o'clock the next morning, in a very wretched state, with his livery-coat all over mud, and evidently under the influence of liquor—I questioned him, but could get no satisfactory account, but that he had made the best of hit way home as he could—I had given him 6s. on Monday morning to have his trowsers repaired, as he was in a ragged state—when he came home on Tuesday morning he came and asked me for the key of the stable—I gave it him, and said I should talk to him about this—he went down, and I shortly after went down after him—he was going away with his box—there were two room-door keys in his box, which his brother afterwards called and fetched away.
Prisoner. That girl (Kay) made me drunk, and I was not fit to go home.
CHARLES WALLER . I am a City policeman. I apprehended the prisoner in Old-street—I told him I wanted him on suspicion of a robbery in Farringdon-street—he said he knew nothing about it—I took him into the shop, searched him, and found upon him this purse, a knife, comb, and ring not worth 1d.—I have since inquired at the pawnbroker's, and found nothing of the property; but from information I received this afternoon, I went to Islington, and found a pin, ring, and guard-chain had been pledged—I have only been informed of that within three-quarters of an hour—I believe the pawnbroker could not swear to the person who pledged them; but they were fetched out by a woman last Saturday.
MR. BAKER. I believe the witness Kay gave the officer this information.
NOT GUILTY .
THOMAS ZINZAN (police-constable N. 67.) On the evening of the 7th of September, I was on duty in Black-horse-fields, near Kingsland-road, and saw the prisoner going along the road with a bundle under his arm—I asked him what it was—he said a dish that he was going to take home but on questioning him further, he said he had two or three pieces of silk handkerchief he had brought from a warehouse, and was going to take to a silk-mercer's at Newington—I asked him for the bill of parcels—he
said he had it, but on searching for it he could not find it—I said I should go to Newington with him, and on our way he ran away down Matthias-street—I pursued and caught him, and took him to the station-house—he there said he had brought the handkerchiefs from Mr. Burton, of Wood-street, Cheapside, and his master was not aware that he had brought them—I found twenty-three silk handkerchiefs in his bundle, and a dish—I went to a house in Matthias-street, where he said he lodged, and in a box which was jointed out to me by his mother there, I found seven silk handkerchiefs.
PITER ALISON . I am foreman to Richard Burton, a silk-salesman, in wood-street, Cheapside—the prisoner was his porter and errand-boy. On the 7th of September I paid him 10*. wages—he had no bundle at that time—I have examined the twenty-three handkerchiefs, and know them to belong to Mr. Burton—I can swear to one piece by the ticket on it—it contains nine handkerchiefs—we have goods similar to the rest in the warehouse now—the mark is not removed when they are sold—I can swear to them—they formed part of my master's stock, they are, worth Sl. 16s. 8d.—we have taken stock since this, and found fifty handkerchiefs short—the prisoner had access to the stock.
Cross-examined by. MR. DOANE.Q. How long has he been in the service A. Nearly four years—we did not miss the property till we took stock—I left the premises with him that day, at seven o'clock—I always lock up, and he left when I did—he could not get into the premises after I left—he had no bundle then—he does not go home to his dinner—he dines in the City—we always leave the place together. (The prisoner received a good character.)
GUILTY . Aged 18.—Recommended to mercy.—. Confined Six Months.
ANN-SMITH. I am single, and live in Mount Etna, Mile-end-road. On the afternoon of the 18th of September, I went into my kitchen, and missed two pairs of candlesticks and a table-cloth, which I had seen safe ten minutes before—I ran up to the door, and saw the prisoners going towards town—I came up with them near Stepney church—I saw the constable, who went and took them, and found three candlesticks on Read, and the table-cloth and the other candlestick in Smith's basket.
ISAAC WILLIAM BLISSETT . I am a policeman. I was on Stepney-greet, and saw the prosecutrix—I found the prisoners in White-horse-street and charged them with the robbery—they said nothing—I found three candlesticks on Read, and a table-cloth and one candlestick in smith's basket—they said at the station-house that a man gave them to them.
Reads Defence. I had been cheapening a barrow for my little boy, and while consulting with Smith about the price, a young man came up of her, and said, "Be kind enough to hold these for a few minutes"—I blamed her for taking them—we waited about the prosecutrix's house for half an and then went away in pursuit of the man who gave them to her—we told the policeman how we got them—Smith being in the family-, way held part of them.
Smith's Defence. The young man gave me the bundle to hold—I waited there a long time for him to come, and asked Read to hold some.
(The prisoners received good characters.)
READ— GUILTY . Aged 21.
SMITH— GUILTY . Aged 24.
Recommended to mercy
Confined Six Weeks.
WILLIAM PORTER . I am a seaman. I lodge with Margaret Byrne, in Twine-court—the prisoner came to stop there. On the 3rd of September, I came on shore after dinner, and found her there with Byrne—I undressed myself and went to bed—the prisoner played a frolic with my clothes—she put them all on, dressed herself in them, and went out she came back with them on, and put them where she took them from—I went to sleep afterwards, and about eleven o'clock I missed every thing but my waistcoat—Mrs. Byrne was in bed with me—I found her still in bed—I have never seen my clothes since.
JANJS GRIFFITHS . I live in Gray's-buildings, opposite Mrs. Byrne—I saw the prisoner, about four o'clock, dressed in men's clothes—she came back again, came into my house, and sat down on a trunk—I said, Be careful about the man's clothes"—she said, "I will"—she went into the house—I did not see her again till nine o'clock, when she had on her morning gown; and about half-past ten, she and a young man stood at the door—she went in, and came out with a bundle in a coloured apron, locked the door, took the key with her, and went away with the man, towards Back-lane—I saw either the sleeve of a jacket, or the leg of a pair of trowsers hanging out of her apron.
JAMES PORTCH . I am a policeman. I went with the prosecutor to 5, Bluegate-place, and found the prisoner in a back room—I asked her if a girl was there named Nicol—she said no—I looked about the room, then came down stairs, and, as I was going to search the back part of the blouse for the girl, I beard glass rattling in front of the house—I opened the door, and saw the prisoner making her escape from the first-floor window, to the house opposite—she had broken two panes of glass in slipping down, in the window below her—I followed her, and took her—the prosecutor said, "That is the girl, I give her in charge"—she begged for mercy, and said if he would not give her in charge, it should be all right to-morrow, she was in circumstances to do so, she would replace the things, and she was sorry for what she had done—she admitted pawning the prosecutor's shoes, but denied all knowledge of the other things.
Prisoner's Defence. They have made a mistake—it was my child's shoes I said I pawned—I was intoxicated when I put his clothes on—we drank till we had no more money, and then I pawned some things of Mrs-Byrne's for more drink—I went out and shut the door, and never went in after wards—I know nothing of his clothes—Mrs. Griffiths, the witness, keeps a
brothel—she has been here twice herself, and not many sessions ago was convicted.
GUILTY . Aged 25.— Confined Three Months.
WILLIAM HENRY POLLOCK . I am a boot-maker, and live in Chapel-street Edgeware-road. I was in my shop on Saturday the 19th of September, and saw the prisoner at the corner of the window at half-past two o'clock—he took the boots off a nail, went to the farther end of the window, and gave them into the hands of another who stood by—I ran out and as soon as he saw me, the other one threw them down—I did not lose sight of the prisoner till he was secured—these are the boots—(looking at them.)
Prisoner's Defence. I was standing by the next shop, and saw a young man take the boots, and throw them under my legs—the gentleman took them up, and took hold of me.
GUILTY . Aged 20.— Confined Three Months.
FREDERICK MIZEN /. I live in St. John-street-road. Last Friday evening, at a quarter past five o'clock, I saw the prisoner running in St, John-street-road, with a coat in his arms, and a mob after him—he dropped it just by me, rushed by me, and shoved me off the pavement, saying, "Get out of the way"—I pursued and collared him, and held him two minutes, till a policeman came—the coat was brought and given to me—I gave him to the policeman, with the coat.
Prisoner. He never saw it in my hand—he had the coat himself, and when he saw me running after him, he turned round, and caught hold of me, and threw the coat down. Witness. That is not so.
HENRY HASE /. I am in the service of John Walters, a pawnbroker in Goswell-road—this coat is my master's, and was hanging on a railing near the door for sale—there was a boy outside to watch the goods—the prisoner said before the Magistrate that Mizen was the thief, but not before.
JAMES DAVIS /. I am a policeman. I was crossing St. John-street-road and Mizen delivered the prisoner and the coat into my hands, saying it was stolen—Hase came up soon after, and claimed it—the prisoner did not say Mizen stole the coat till he got to the office—he was taken nearly a quarter of a mile from where he stole the coat, as he ran a round-about direction—I saw Mizen collar him, but did not see him run.
GUILTY .* Aged 19.— Transported for Seven Years.
NEW COURT.—Thursday, September 20th, 1838.
Fifth Jury, before Mr. Common Sergeant,
GUILTY . Aged 26.— Confined Six Days.
GUILTY . Aged 31.— Confined One Year.
GUILTY . Aged 34.— Confined Six Months.
GUILTY . Aged 36.— Confined One Year.
JOHN MARCHANT . I live in John-street, Wigmore-street, and am I shoemaker. The prisoner was my journeyman, and was occasionally employed in the shop to receive money—it was his duty to pay it to me or to my wife—on the morning of the 3rd of September, I told him he had sold a pair of shoes for two half-crowns, and he asserted that he had given my wife all the money he took—I told him he had not, for the man who bought them was there, and said he had given two half-crowns for a pair of shoes—the prisoner said he gave it to his mistress—my wife came in and said he had not—I sent for an officer and gave charge of him—he said he owned he was wrong, and if I would overlook it, he would give me the five shillings.
Cross-examined by MR. DOANE. Q. This was on a Sunday, was it not? A. Yes, we carry on a brisk trade sometimes—it is not customary to put the money into the back parlour when neither I or my wife are there—that has never been done to my knowledge by this man—it has by the other shopman—it was the particular province of this man to stand at the door as barker, and when he had done his business, to take his station as soon as he could at the door, to employ his time in brushing shoes, or something of that sort—I have no one else in my employ but my wife and my son—I have not had occasion to complain of either of my children who were at home at this time—the customer came to have the shoes stretched on the Monday morning, and through that I knew they were sold.
Cross-examined. Q. What day of the week was it? A. On Sunday—I do not know that there was another customer there bargaining for shoes for 4s.—there were several customers—the prisoner was the only person serving.
Sunday morning I saw Thomas Hooper there—after he was gone I went to the prisoner, and he said he did not buy, he offered 4s. for a pair of shoes that cost 4s. 6d.—he gave me no money as from him.
Cross-examined. Q. Did he pay you any money A. Yes—I do not know whether there were persons who went out without buying—it might have happened.
GUILTY . Aged 50.—Recommended to mercy.— Confined Six Months.
2182. WILLIAM MULLINS, THOMAS BOSTOCK , and WILLIAM STUBBS, alias PETO , were indicted for stealing, on the 26th of August, 1 purse, value 1s.; 1 sovereign, and 8 half-sovereigns; the goods and monies of Mary Roberts, from her person; and that William Stubbs had been before convicted of felony.;
MR. PRENDEROAST conducted the Prosecution.
MARY ROBERTS /. I am a widow, and live in Leonard-street, Shoreditch. On Sunday evening, the 26th of August, I was coming from chapel across Smithfield—I went by Charter-house-square and Long-lane—my cousin Pate and Mary Hartly were with me—at the corner of Charter-house-square, about nine o'clock, I stopped to bid Hartly good night—while I was doing that I saw Stubbs walking about—we noticed him, and thought it was for no good purpose—we did not see any person with him then—I proceeded to walk on—Pate was still with me—when I got to the corner of Beech-lane, I found the prisoner Mullins' hand in my pocket—I am sure of hit person—I turned round—Mullins was nearest to me, and I saw the two other prisoners, and two others with them—I turned and asked what they meant—I did not make any alarm, because I wanted to be sure whether I had lost my purse or not—I found it was gone—it contained one sovereign and eight half-sovereigns—I did not see either of them do any thing—I only saw Mullins muzzling my purse up in his hand, as he drew I to hand from my pocket—they did not walk away very fast, but gradually—Mullins and Bostock went down Beech-lane, and Stubbs and the others walked along the street down to Finsbury-square—they crossed the way—the policeman came up, and my cousin gave him information—I have not the least doubt of these persons being the men—there were some persons followed us on the Sunday evening before, but as I did not lose any thing then, I did not particularly notice them—they had just the same appearance as these young men—they were like them—I did not speak to any one of them particularly—I did not look particularly to know them—I did not see any more of the prisoners after I was robbed till the next day, Monday, when I was fetched to the station-house, and I said that all three of them were the same persons as I had seen in Chiswell-street on the Sunday—I am positive they are the same persons—I noticed my purse in my pocket about seven o'clock in the evening, when I put my hand into my pocket—I did not take it out.
Cross-examined by MR. PAYNE/. Q. What chapel were' you at? A. Woodbridge chapel, Clerkenwell—I am quite sure I had my purse while I was in chapel—I was attacked by five young men on the same spot the
Sunday night before—I did not look so minutely at them to say whether one was very much like Mullins—I cannot swear to any of the men on that occasion—one might be like Mullins—before I went before the Magistrate I he lived that one of the five persons whom I had been attacked by on the Sunday night before was Mullins—I said before my evidence was taken down, that these three men were three of the five that attacked me the Sunday night before by their appearance—I always said to the last that one of them was very like Mullins—I did not say Mullins was one—I said that he was very much like one—he showed to my satisfaction that he could not have been one of the persons there the Sunday night before.
Cross-examined by MR. JONES/. Q. You are sure it was about nine o'clock? A. Yes, because we leave chapel about a quarter before nine o'clock, and it took me that time to walk there—I do not know that I heard the clock strike, but I go to chapel so often that I know what time they leave—I can distinctly say it was within a quarter of an hour either way—I have no other guide to the time but by the time the chapel ends—there were very few persons at the corner of Beech-street—I do not remember seeing any one—we made the remark how singular it was there was not any one about—I was a good deal frightened—Bostock and Mullins went down Beech-lane together very slowly—I took the more notice of Mullins, as he was the one that robbed me—I took sufficient notice of Bostock to know him again—he was in my view nearly two minutes—I can positively swear it was as long as one minute—I saw him again about one o'clock the next day—I did not say at the station-house that I could not swear to him—I could swear to the three—I never at the station-house expressed any doubt about Bostock—I said I believed that was the man that robbed me, pointing to Mullins—they sent us off to Worship-street, and brought the prisoners directly—I was examined before the Magistrate—I believe what I said was taken down in writing—I signed a paper—I first said they were the three at the station-house—I did not say I could swear to them, but in my own mind I was sure of them—I did not speak to any of the three at the station-house, except Mullins—I did not talk to the policeman at the station-house—they took us to a place to sign our names, and we went off—they did not tell us they had got the three men who had robbed me—they said they bad got three men.
MR. PRENDERGAST. Q. What was it you said when you saw the man? A. I pointed to Mullins, and said, "That is the one that robbed me"—and they said, "That is the one we found the money on; come in, Mr. Roberts, and sign your name."
Stubbs. At Worship-street she swore more than half-a-dozen times that we were the persons who attacked her the Sunday night before, and Mullins proved an alibi—she then said she believed we were the persons—it was dark that night. Witness. It was not dark, there was a gas-light over the spot where I was robbed—Stubbs was round about us long enough for to me know him again.
KEZIA PATE . I was in company with the prosecutrix on tow Sunday night. About nine o'clock I was coming from chapel, down Character-house-street—I saw Stubbs walking backwards and forwards, about one yard distance from us—I took particular notice of him—I was frightened, and therefore I looked at the person—after this, I and my cousin walked towards Beech-street—at the corner of Beech-lane she felt Mullin's hand
in her pocket—she said she was afraid that her pocket was picked—at that time I saw the three prisoners near her, and two not in custody—they were close round, as near as they could be—I turned round and found them behind us—I am sure they are the same men—when she found that her pocket was picked, I turned and looked after the prisoners—two went up Beech-lane, and two towards Finsbury-square—in the middle of the day on Monday, I went to the station-house, and saw these three prisoner—I knew they were the persons that I saw on the Sunday night—I had no doubt that they were the persons—on the Sunday evening before, I and my cousin were walking down the same street—we were molested by five and I firmly believe that Stubbs and Bostock were two of them—but my cousin not losing any thing, I did not take particular notice of them.
Cross-examined by MR. PAYNE. Q. Did you, when you first went to the office, believe that Mullins was one? A. Yes, I did, by his dress-but from what took place there I was satisfied he was not.
Cross-examined by MR. JONES. Q. Was it by their dress that you knew them? A. No, I looked at their faces—the night my cousin was robbed I looked a great deal at them—it was rather dark—the gas-light was over our heads.
Stubbs. Q. What sort of clothes had I on the Sunday before? A. Not the same coat—you had a tail-coat on, and not a surtout.
BENJAMIN BAKER (police-constable G 43.) On this Sunday night I received information about a robbery in Beech-street—I had seen Mullins standing in Beech-street, with three or four more, about a quarter of an hour before.
JAMES MURRELL . I am constable of Cripplegate. When I came on duty, at seven o'clock that evening, I saw the three prisoners, in the lower part of Golden-lane, near Beech-street—about eight o'clock I saw Mullins and Stubbs in the upper part of Beech-street—I know them well.
Cross-examined by MR. PAYNE. Q. When were you first before the Magistrate? A. On the second examination—that might be the next day, or the second day after the first examination.
HENRY TATE (police-constable G 133.) On Sunday night, the 26th of August, I was on duty in Whitecross-street, and about eleven o'clock I saw Mullins and Bostock, with another not in custody—Whitecross-Street runs into Beech-street—about four o'clock on the Monday morning I was with the policeman No. 167, who picked up a purse at the bottom of Whitecross-street, going to Beech-street—a person going from Beech-street to where I saw this, would pass this spot—on the same day I was along with two other officers coming up Golden-lane, and saw Stubbs and Bostock—Davis took hold of Stubbs and another not in custody, and I took Bostock—he had 8s., and a new hat which he had just bought.
JAMES BRANNAN (police-sergeant G 20.) On that Monday, at a quarter More one o'clock, I went towards Smithfield, and saw Mullins—he ran away—I pursued and took him—I told him he was charged with robbing a lady in Beech-street of a purse containing five sovereigns—he said he was never near the place at all last night—I went to the corner of Bell-alley, in Golden-lane—I there saw the other two prisoners, and two more—I seized Bostock, holding Mullins in my other hand—Mullins said, "Shall we go? d——my eyes; it will be all up with us"—I was immediately surrounded by several, and knocked down—in consequence of this Tate took Bostock from me—I proceeded through Playhouse-yard—in
going by a marine-store shop, where some knives and forks were exposed Mullins made a desperate effort to reach one of the knives or forks—I pre vented it—I had not proceeded much further before he got his hand to him pocket, and got something out—the officer Tate came to my assistance and seized his hand—we held his hand, and at the station-house I found is his hand two sovereigns, two half-crowns, and two shillings I searched his trowsers pocket, and found 8s. 61/2; d. more.
Cross-examined by MR. PAYNE. Q. I believe the practice is to takes down the depositions at the second examination? A. Yes—there were more witnesses at the second than the first.
EVAN DAVIS . I was. with the other officers. I saw Bostock, and another who was not identified—I was with Brannan when be took Mullins, and we took him along Barbican into Long-lane—after—that I saw Stubbs—I collared him and another—he made a scuffle, and the me down—he then put his hand into his pocket, and said he would run a knife into me—I let the other go, and got up and seized Stubbs—in going down Whitecross-street he tried to get a butcher's knife, and said be would run a b—knife into me.
Stubbs. Q. Did you find a knife on me? A. No.
RICHARD COLEMAN . I am in the employ of Mr. Southby, of Beech-street, a hatter. On Monday, the 27th of August, Bostock came to own shop, and bought a hat, and after he had paid for that hat, with 9s. in silver, he had about 30s. in silver, and a sovereign in gold—Stubbs was with him—I saw Stubbs give Bostock a half-crown.
Cross-examined by MR. JONES. Q. Had you ever seen them before A. I cannot say that I had.
MR. JONES called
JOHN PETO . I live at No. 1, Coleman-place, Banner-street, St. Lake's On Sunday night, the 26th of August, Bostock came to my house, about eight o'clock—it might be a few minutes before or after—I am sure it was before a quarter past eight o'clock—I remained at home the whole evening, and he remained in my house the whole night till eleven o'clock, and then went to bed.
MR. PRENDERGAST. Q. What time did he come? A. About eight o'clock—I cannot say which way he came—I was in-doors—he came into the room even with the ground floor—he came to my house to sleep—he is my nephew—I am father to Stubbs, and uncle to Bostock—my son Stubbs was there all the evening—I do not know anybody that is like him—there is nobody about the neighbourhood that is like Bostock or Mollium—I do not make a mistake, and take anybody for my son—I know the neighbourhood well—I do not know the officer Murrell—I know several of the policemen—my nephew always lodges with me.
Bostock. All but the last fortnight, when I slept at my lather's. Witness. He always slept there when he liked to come—he never gave up his lodgeings—I brought him up from an infant—I never denied him—the house with that night, and for a week or two before—I do not know where he lodged before—my son had left me for some time—I cannot say where he was lodging—he was not lodging with me that night—I did not ask him—he left my house about eleven o'clock—Bostock did not quit the house with him—he went down stairs to bed—he slept in the cellar—I did not see him in bed—I saw him go down stairs just after eleven o'clock—he did not go down stairs and Stubbs quit at the same moment—Stubbs went first—can
of my boys sleeps with Bostock, and another young man named Conway—they are not here—Conway could not leave his employ, or he would have been in danger of losing his situation—my boy is not here—he is at his employment—he is seventeen years old—my other son and Conway were with us in the evening—there were seven of us—Bostock and my son came in together—I am sure of that.
COURT. Q. This was on the Sunday night? A. Yes; and on Monday they were taken up—I heard of it on Monday afternoon—the first examination was on the same afternoon—I attended—my wife did not attend—I heard all that passed—the prisoners told the Magistrates they could prove they were at home, they told me; and I appeared, and told the Magistrate my story—I am a frame-work knitter, and work for James Pershore, Bostock hawks brushes as he tells me—he lives with me—Stubbs worked in the brass foundry line—I cannot say how lately he worked, because he has not been with me—they both arrived about eight o'clock—we had a pot of beer together, I and my wife, two boys, the two prisoners, my daughter, and Conway—my boy went for the beer—his name is Edward—that was immediately after they came—we had some bacon and pork to eat—the pork was left at dinner—we all sat down and eat—that lasted till near nine o'clock—we had one more pot of beer—my wife was present both time—the same lad went for that—that was just about nine o'clock, when the policemen were relieving their men—after that we sat, and Stubbs read the newspaper out loud—I do not know what paper—it was about the trail of the man for using the cow ill—he read that aloud—my wife heard that—I do not know what the conversation was about the cow—we only talked about what a shocking thing it was—we were joking one another—my wife was in the room all the time—all eight of us—the small children went to bed, but none of these eight—Stubbs left first—Coleman-place is about two minutes walk from Beech-street—I sat at the top of the table that night—my wife sat next to me, and I believe Stubbs at the bottom—I think Bostock had the same coat on that he has now—I recollect the Sunday before that—they were all there then with me.
MR. JONES. Q. Are you poor or rich? A. Poor—my children work for their living—they could have come, but I was afraid of their losing there work—the prisoners were in the habit of coming to me as the nearest relative they had—they made the same defence at the police-office as they have to-day.
COURT. Q. Did you offer to bring your other children? A. I did not—when they said it was put off to another hearing I thought of taking that down there—when I took them down the next day, I waited there, thinking I should be called, and they did not call me—I thought my evidence most important—my daughter went to Godalming three weeks.
MR. JONES. Q. What portion of your family did you take to Worship-Street? A. My wife and son, and Isaac Conway, and one of my lodgers—they were there ready to be examined—they were not examined, because I was not called for, or I should have mentioned what witnesses I had got—the Magistrate knew I was there—I am not capable of reading—I do not know the name of the newspaper—I borrowed it from the public-house the time I sent for the porter.
COURT. Q. Your wife would see that? A. Yes.
night of Sunday, the 26th of August, when this robbery was committed—I was at home that evening—Bostock and Stubbs came to my house about half-past seven, or a quarter before eight o'clock—I, and my husband, and the two boys were there, and the little children—I have a daughter—she went out at half-past eight o'clock, and came back about half-past nine o'clock, while we were at supper—I cannot exactly say when went to bed—it was between eleven and twelve o'clock—my son went to where he lives—Bostock staid in the house, and went to where he sleeps, down stairs—neither my son nor my nephew left the house from the time they came, till about eleven o'clock—I can take a safe oath that they were both in my house at nine o'clock—after they came we had two pots of been—nothing was brought with the beer—the little boy lost a penny when he went out for the beer at nine o'clock—we drank the two pots, and we had our suppers—my son William read the newspaper—I do not remember what paper it was, but the Sunday before was the paper that mentioned where the man cut the flesh off the bullock—I am in the habit of reading the paper on Sunday evening.
MR. PRENDERGAST/. Q. Bostock is your nephew? A. Yes—he had been constantly lodging in my house—he has not been Looking away a fortnight—he always sleeps there—he never did sleep away—not long together—he has left home sometimes, but not been away at night—he slept there every night—he has not slept away for many months before this—I cannot say for six months, or four, or two—he has been away at night, but not for two months—when I have offended him he has gone away—he has lived away for a week or two, but that he not been the case for a long time—I have a daughter—my nephew and daughter are not about marrying—they are on very good terms—they away friendly, but nothing further—he never offered to marry her—Conway was there that night—he had some supper when he came in, about half-past ten or eleven o'clock—it was near eleven o'clock—he came in before the others went away.
STUBBS— GUILTY . Aged 22.— Transported for Fifteen Years.
MULLINS— GUILTY . Aged 19.)
BOSTOCK— GUILTY . Aged 21.)
Trasported for Ten Years.
JAMES BRANNAN (police-sergeant G 20.) I had occasion to go to No. 10, Princes-buildings, Bell-alley, which is the prisoner's lodgings—I found there this pail—I went to Robinson's the Sunday morning following, and the prisoner refused to let me in—I took him down the yard—I found Mr. Robinson was in the counting-house, and told him of it—the prisoner begged I would not take him down to expose him—he had told me Mr. Robinson was not at home, and did not want to let me see him.
Prisoner's Defence. I only took it to take some spring-water, and put some beans in.
NOT GUILTY .
PHILIP GRISLEY . I keep the Duke of Bedford public-house, Golden lane, St. Luke's. On the 18th of August the prisoner came in for a pint of ale—in consequence of some circumstance, I sent for Davis, when she left—he returned with her, and a pot—this is my pot—(looking at it.)
EVAN DAVIES (police-constable G 192.) I went after the prisoner to the Crown—she took, this pint-pot from tinder her apron, and asked for come beer in it—she told me Mr. Grisley had lent it to her to take her beer home in—I went to her lodgings, and found these three glasses and mother pot.
Prisoner. I could not deliver the pot—I had one pennyworth of beer it—I never took it out of Grisley's house—this is the pot that the young man at the Crown drew the beer in.
GUILTY . Aged 48.— Confined Three Months.
2185. SARAH SHAW, GEORGE MIDSON , and ANN MIDSON , were indicted for stealing, on the 30th of August, 1 watch, value 2l. 10s.; 1 watch-chain, value 2s.; 3 seals, value 28s.; 1 ring, value 21s.; 2 purses, value 4d.; 25 sovereigns, and 10 half-sovereigns; the goods and monies of Ann Robinson, from her person.
MR. BALLANTINE conducted the Prosecution, ANN ROBINSON/. I live in Middleton-row, St. John-street-road, Clerken well—I have lately lost my husband. On the 30th of August I left home to go to my late husband's stocks broker—I took 30l. in gold, which I put in a brown silk purse into my left-hand pocket—I took a silver watch, three gold seals, a steel chain, a diamond pin, and a mourning ring—I put them into the same pocket—I was about to pledge them, and deposit the whole with the stock-broker—there were twenty—on e duplicates of my household furniture in another purse, in the same pocket—I called in my way on a female named Adams, in Old Nicholl-street—she was not at home, and I went off alone—I was going along Church-street, Shoreditch, about four o'clock, and met Shaw—I had seen her five or six times before, but had never spoken to her—she crossed over to me, and said she was very sorry for myloss—I supposed she meant the loss of my husband—she said she was going to Whitechapel with some boots to a shop, and said me to accompany her—I said I would if she was returning the same way again—I went with her—we went into a public-house and had a half quartern of gin, and there I showed her the watch, and the duplicates of my goods—I paid for the gin—I stopped in a public-house while she went to leave some boots—when she came out we walked off together—she said if I would come home she would make a cup of tea—knowing what proPerty I had, I said I should be too late to go where I was going—she said, "Oh no, won't; come home?"—I went home with her to Hoxton; and there we met Ann Midson—Shaw asked her where she had been—she
said she had been to her place, and she said, "You had better go to the public-house over the way"—we went there, and Shaw called for a quartern of gin—it remained there till Shaw fetched George Midson, and he said, "We are all brothers and sisters, you had better come home with us and have a cup of tea"—I left the public-house—we went to another pub lie-house and had a quartern of gin—I did not take any—we got to a house in a quarter of an hour—I was never there before—it was in Kings-worth-place, Pimlico-walk, Hoxton—we went into a parlour on the ground-floor—Shaw said they occupied the room at half-a-crown a week, furnished—I did not get any tea there—Shaw went out with a little brown jug to get a little more gin—they began to sing songs, and I said I would go home—Shaw brought about sixpenny worth of gin——they took a glass in a little back room to a man who was at workShaw brought it back, and said, "Mrs. Robinson, you take it"—I did take it, and then I can just remember Shaw taking my cap and bonnet of and I lost my senses—I fell from the chair—(the brown jug had bees out of the room about five minutes, and then Shaw brought it in, and persuaded me to take it)—this was between five and six o'clock, as far as I can say—I came to my recollection about two o'clock in the morning, and found myself lying on the floor, with a pillow under my head, the bottom part of my pocket cut off, and the property taken away—I had none left—the watch, pin, duplicates, and money, were all gone—I heard a man's voice telling me to get up, and get an officer—I went out and gave informtion—when I saw Shaw and George Midson that afternoon, they were dressed very poor indeed—Shaw said she had nothing but what she stood upright in—I saw her at Worship-street the next day—this watch and seals are my husband's, and the one I had—I found my bonnet on the table.
Cross-examined by MR. PAYNE. Q. It is not long since you were been before? A. I had that misfortune—I prosecuted a case here—I lost eleven sovereigns and a half, the latter end of July—I had 30l.—part of it was the same money as I lost before—I was living on my property that my husband left me—I live by Sadler's-wells—I do not know whether I have been indicted at Clerkenwell—I cannot tell—I was not indicted for keeping a house of ill-fame—nor under bail—I have never been indicted at all—I live at No. 4, Thomas-street, but do not keep a house in will-feme—I have not been at Clerkenwell about it—I occupied a house for myself and husband in Thomas-street, for a fortnight—I lived in John-street, Corn wall-road, before—I had taken this property out of the Bank, and was going to put it in again—I was indicted at the Surrey Sessions for an assault, by Mr. Roberts, who lives in the Cornwall-road—there is no other indictment against me—I had seen Shaw before, but never spoke to her—Ann Midson did nothing but drink that I know of.
MR. BALLANTINE. Q. Were you taken into custody before you knew there was a charge of assault against you? A. Yes—I applied to Mr. Crisp—I was invited to go to a house, and the people broke my necklace, tore my ear-rings, and then indicted me for an assault—I was induced go and take this gin, in different houses, by Shaw.
Shaw. Q. When you met me, you crossed over to me, and asked me to wait a few minutes, and you would give me a drop of gin, and them we went into a house in Brick-lane, and did we not meet another female, and go and have a quartern of gin? A. No.
Q. Did not you take yours in cold water, and did you not tell me that you slept with her sister, and say you were out of the way, as a Judge's warrant was out against you? A. No.
Q. Did you not wait at a public-house at the corner of Great Garden-street? A. Yes, I waited there—you pulled my bonnet and cap off—I did not ask you to let me stay the whole evening—it is all false.
MR. BALLANTINE. Q. Did any of the prisoners drink out of the same glass as you did, before you fell? A. No.
ISAAC NEWTON . I live at No. 2, Kingsworth-place, Pimlico-walk, Hoxton. I lived at No. 4 when this happened—Shaw and the man Midson lived on the ground floor of the same house—about half-past six o'clock, on Thursday evening, the 30th of August, I went up stairs—I had to pass the prisoner's room—the door was open, and I saw the three prisoners and the prosecutrix—the prisoner Shaw was drinking out of a quart-pot—I went up stairs and had my tea—about twenty minutes after, I came down, and went out of the street-door—the prisoner's door was open, and the street-door too—I went to No. 2, to a friend, and sat outside with him, looking—I remained with him till nine o'clock; but I went through my passage several times—I heard singing in the prisoner's room—about half-past eight o'clock I saw the three prisoners standing outside the door, talking together very slowly—I cannot say how Shaw was dressed—she had do bonnet or shawl on—George Midson had neither bat or coat on—they stood about ten minutes, and then went inside the door, and were no sooner in than they were all three out again, and walked up Pimlico-walk, leading to Hoxton—I passed by the room door again, and saw a widow's bonnet on the table—I went to bed, and was awoke about two o'clock in the morning by a noise—I then heard the prosecutrix—It told her to fetch an officer—I did not see her, as my door was shut—she made a communication to me that she had been robbed—I work at Chiswell-street, about half a mile, or three quarters from this place—I went there next day, and saw a cab with Shaw and the man Midson in it—I followed it as far as Finsbury-square—it stopped there—they got out, and Shaw asked me if I was going to halloo and George Midson asked me if I was going to come it—I said I did not know what they meant, and he said was I going to split on that affair last night?—I said, I was on my own business, at Mr. Thwaites, the harness maker's, in Bishopsgate-street—they asked me to take something, and I refused three times—I subsequently went to a public-house, with a view of detaining them—I had some ginger-beer, and they had brandy; while there, George Midson asked if I knew how the window got on—I said I did not exactly know, but that she came and knocked at my door, about two o'clock—I said I understood that she had been robbed of a diamond ring and watch—he pulled out a mourning ring and said "This is the ring"—he then put his hand into his right-hand pocket, and pulled out three seals attached to a chain, and asked me whether they were good—he then pulled out the watch, attached to the end of the chain—Shaw then said it was an old-fashioned watch, not much good—I said there were thirty sovereigns—he said, "That was no more than you could spend in a day"—I told him a man in the back-room had been taken upon suspicion, and he said he must send him something to keep him the week he was remanded—he said it would not do for him to take him any thing or he should be taken, and while we were at the door they asked me whether the widow had a ring and pin about her—I said I did
not know—Shaw said she thought she had done a friendly action to leave her them—while I was talking there, the officer came by, and while he was passing, George Midson said he should send the man something as he should be at Birmingham in three days—they then crossed the road, took the first cab, and told the man to drive to the Commercial Dock—I told the policeman to stop them—I do not know Ann Midson—she lives in White cross-street, and is the sister of George Midson.
JAMES GODFREY (police-sergeant N 13.) On the morning of Friday the 31st of August, I was on duty in Hoxton, near Kingsworth-place. About two o'clock the prosecutrix came and made a complaint—I went to No. 4 Kingsworth-place, and found her cap and two pillows on the ground a pewter quart pot, with some beer, a yellow mug, with a small portion of gin, and a knife under the carpet—she had before shown me this pocket with the bottom out—I took Ann Midson in Shrewsbury-court, White. cross-street—she was searched at the station, and seven pence, a copper piece, and a piece of lace, were found on her—but not the produce of this robbery—I said, "Do you know Shaw?"—she said, "Yes"—I said, "You were at her house, and saw a widow there?"—she said, "Yes"—I said she had been robbed—she said, "It must have been while I was out of the room getting Shaw's shawl—I had none of the money."
THOMAS RICHARDS (City police' Constable No. 101.) I was on duty in Bishopsgate-street, about two o'clock in the day, on the 31st of August—New ton made a communication to me, and I took Shaw and George Midson in a cab—they were just going to drive off—I took them to the watch-house, and saw this watch at the bottom of the cab—the seals were attached to it—I asked if they knew any thing about that—they said they did not.
FREDERICK HARRIS (City police-constable No. 3.) I found a half-sovereign, 13s. 6d., and Sid. in copper, in the left-hand pocket of George Midson—I searched him again and found eleven sovereigns and three half-sovereign in his right-hand breeches pocket—he said that he had earned them at his work—they were wrapped up in a child's cap—he had a good coat and trowsers on—their dresses were all new.
(Property produced and sworn to,)
Shaw's Defence. I met the prosecutrix—I was going to take my work home—she crossed and asked me where I was going—she said if I would stop a few minutes, she was going to a pawnbroker's, and she would give me a drop of something to drink—I waited, and she came in ten minutes—we went to a public-house and drank—we went further and met a female, and had another quartern of gin—she said she had been sleeping the night before with her sister—she walked on to opposite Whitechapel-church, and had some more gin—she then went to a public-house at the corner of Great Garden-street, and waited while I went with my work—she was talking to two gentlemen, and went on to Petticoat-lane with me, and had some more gin—she said she would take a walk with me—we met the prisoner Ann Midson—we then went and had a quartern of gin—I fetched George Midson, and paid for it—she then said she would stand her treat, and we went to the London Apprentice—she then went to my place and stopped there and had six pennyworth of gin first—she sent for six pennyworth of gin and a pot of half-and-half—I was sitting there—a woman sent for me to a labours, and she said, could not she stop there—I said, "I did not know what to say about it"—I went out, and was out the whole of the
evening—the next day I was going home, I met this man, and we were taken.
George Midson. The two women are innocent—I am guilty.
SHAW— GUILTY . Aged 26.
GEORGE MIDSON— GUILTY. Aged 27.)
Transported for Ten Years.
ANN MIDSON— NOT GUILTY .
2186. WILLIAM HENRY DAVIS and SARAH ING were indicted for stealing, on the 1st of September, 1 pair of trowsers, value 10s.; 1 gown, value 5s.; 1 table-cloth, value 2s.; and 1 handkerchief, value 3s. 6d.; the goods of John Boards, the master of William Henry Davis; to which Davis pleaded
GUILTY . Aged 16.—Recommended to mercy by the Prosecutor. Confined Three Months.
MR. BODKIN conducted the Prosecution.
JOHN BOARDS . I am a pawnbroker, and live in High-street, Shoreditch, Davis was my apprentice, but it was no part of his duty to take in pledges or to give them out—I have a private-door and an iron gate, which keeps the people from the private door—on the 1st of September, about eleven o'clock at night, I thought I heard some one at the gate—I went and saw Davis give three pledges out through the bars of the iron-gate—I said, "What are yon at?" and the person who received them ran down the court with them—it was a female, and a short person, about the figure and the height of the prisoner I—Davis had another pledge in his hand*—before the ticket off it, and threw the pledge away—I desired him to pick it up—I afterwards obtained one of my own duplicates from him, and on asking him I obtained one more—in consequence of what he said, I went to I lodgings in Crown-court, Curtain-road, not a great way from my house—I had known her as coming to pledge for years past—when I saw her she implored me very much to forgive her, and said if I would the would pay me every farthing—I asked her how many times she had done that—she said, "Several times, and I hope you will forgive me, for when I received them of Henry I was ready to drop"—Davis was brought there—she still continued to implore me to forgive her—she said there was a necklace she had paid for—after we had been to the station-house and retuned, we found some other things—these are pledges for which 2 have had do money.
Cross-examined by MR. BALLANTINE. Q. What were the pledges she had this evening? A. A pair of trowsers, and a handkerchief, for 10s., and another handkerchief for 10s.—they were found at her house—they had been pawned with me the evening before—they were kept in my warehouse, above the shop-Ing had no means of getting into my house, the gate was locked.
(The prisoner Ing received a good character.)
ING— GUILTY . Aged 83.—Recommended to mercy. Confined Six Months.
Sixth Jury, before Mr. Sergeant Arabia.
GUILTY . Aged 14.—Recommended to mercy.
Confined Six Days.
GUILTY . Aged 30.—Recommended to mercy.
Confined Three Months.
GUILTY . Aged 11.— Whipped and Discharged.
GUILTY .—Recommended to mercy.
Confined One Year.
WALTER LUCAS . I am a coach painter, and lodge in Bouverie-street, where the prisoner lodged—I lodged there first—I believe the prisoner is an errand-boy—he slept in the same room with me—on the evening of the 27th of August I missed my property from where I lodge—I was at work in the afternoon, and when I came back it was gone—he slept there that night—I never gave him leave to pawn my clothes—these are the clothe—(looking at them)—there is a pair of trowsers and a jacket—they were in box—it was not locked.
WILLIAM BENHAM TOMLINSON . I am a pawnbroker. On the morning of the 27th of August, the prisoner pledged the jacket and trowsers for 5s. 6d—in the middle of the day he pledged a coat, and left the trowsers with it, taking the jacket away—in the evening a young man came to make inquiry—on the following morning the prisoner came with the jacket to pledge again, and we stopped him.
GUILTY . Aged 17.— Transported for Seven Years.
JOSEPH TATTAN . I am a plasterer. I know Mr. Smith's shop, in Middle-row, Holborn—About eighteen minutes before two o'clock, on the 13th of September, I saw the prisoner take the flannel off the threshold of
Mr. Smith's door—I stopped him with it—he got about five yards, and was walking away.
THOMAS SAMPSON HAWKINS . I am an assistant to Mr. William Smith, a hosier This is his flannel—it was at his door in the shop—a person came and said I was lost—I went to the door, and Tattan brought the prisoner back and the flannel was then put down.
Prisoner. I only just took it—I had no intention to take it away.
GUILTY .— Confined Six Months.
MR. PRENDERGAST. conducted the Prosecution.
GEORGE FOOT . I came home as ship's carpenter in the barque Charles, from Prince Edward's Island. The prisoner came in the same vessel, as mate—on my arrival in London I received, on the 1st of September, a cheque for the amount of my wages—the prisoner received a cheque a few minutes before me—he went to the banker's before me, and then accompanied me I received 32l. 9s., and some odd pence—I received twenty-seven sovereigns, which I put into a little box, in my trowsers pocket—the prisoner was then with me—it was about one or two o'clock—I went to a Jew's shop—it was Mr. Hunt's, I believe—I spent between 4l. and 5l.—the prisoner was still with me—I paid my money out of my box—I then had twenty-seven sovereigns—we agreed not to leave one another till we got on board—we intended to have slept on board the ship that night—after this we went to the Pavior's Arms, I believe, in Ratcliffe-highway—we stopped there two or three hours, I believe—we got into company with two women—I afterwards went to another house with these women—we had liquor to drink at both those places—I was not sober when I got to the second public-house—at that time I had my box safe in my pocket—J felt it—I do not recollect any thing after that—I was quite tipsy—the text morning I found myself in the station-house—I had no money then—I suppose it might be about three o'clock when I felt my money safe—I cannot say to half an hour—I knew the prisoner was going to recede 15l.—I did not say any thing about what he had—I knew he had got no more than what he received, except a few shillings, which he brought on shore—we said we would have a drop of something to drink, and then go on board—his friends were in Prince Edward's Island—he told me on the Monday morning that he had lost every farthing he had got in the world except five sovereigns, and he said he had changed one of them—he took out some coppers and silver—before he said that I had told him of my loss, and he said he had lost all but five sovereigns, and how to get home he did not know, and these five he had got privately sewn up to give to the owner to take home to his wife.
Cross-examined by MR. PAYNE Q. Just give us the conversation that took place? A. He came and asked how I was—I had sent for him—he asked me if I had lost my money—I told him I had—he said, "It is a bad job where did you lose it?"—"I do not know," says I—he them said he had lost all except his five sovereigns out of the fifteen he had received—he has got a farm at Prince Edward's Island, and a wife—he has no child—I understood he had some children by a former wife, at Waterford, in
Ireland—he was going to take them to Prince Edward's Island—he was a witness for me when I took up one of the girls—I went up stairs with one of the women, and he had another.
MR. PEENDERGAST. Q. Do you know this farm of his? A. Yes, he has got a hundred acres—any person may go and get a farm, if they like to be troubled with it—part of it that is fenced and cleared, is still very rough.
HARRIET DOE . I am servant at No. 8. Angel-gardens, Shadwell. I saw the prisoner and prosecutor at that house on this Saturday, about three o'clock—I think they went away about eight o'clock—I went with them down to the public-house, and we had something to drink—the prosecutor, the prisoner, and two girls were there—we had some ale there—I left them all at the public-house and went away—I did not see any thing of them afterwards, to my knowledge—I parted from them about nine o'clock, and left the prosecutor, the prisoner, and the other two women altogether.
Cross-examined. Q. I believe you showed Mr. Foot into one room and the other gentleman into another, with their separate companion? A. Yes, I changed one sovereign for the prosecutor that night.
JAMES FORD . I drive the cab No. 1213. On Saturday night, about eleven o'clock, I was called off the stand, in Ratcliffe-highway, by the prisoner—he wanted to go to the Surrey Canal, on the other side of the river—I drove him to Kidney-stairs, where he could take a boat to go there—he appeared to know what he was about—he was a little fresh, but could get in and out of the cab—he then said he would take a bed for the night at the Plough—he first wanted to go across the water, but it was late, and he said he would stop there—we went and had a pint of beer.
WILLIAM SEALEY . I keep the Plough, at Kidney-stairs. At half-past ten, or from that to eleven o'clock, the prisoner came and slept at my house—on the Sunday morning he gave me thirty-four sovereigns to take care of till he went to Waterford, to fetch his children, to take to America—he had 7s. or 8s. on the Monday morning, as he was going out and had no money—I gave him the rest on the Wednesday following—there were thirty-four sovereigns deposited by him with me.
Cross-examined. Q. Where was he going on Wednesday? A. He was going to Bristol to take a packet to Waterford—I went with him on Tuesday, to take his passage in the Bristol coach—there was no concealment about him—I advised him, as he had so much money, to put some in his box, lest he should be robbed on the road—he had done up his boxes, but he said he would do jip part in his pocket handkerchief—I took a coach for him to go to the Bristol stage, and I was going with him.
GEORGE HARRISON . (police-sergeant K 15.) From information, I went to William Sealey's house—there was a coach at the door, and two chert and a bag on the top—I went into the house, and saw the prisoner in the act of lighting a pipe—I asked him why he did not attend the Thames Police, as he promised to do, when he gave evidence on the Monday, and the Magistrate was very angry with me that he was not present when he was called for, he said he was going a journey as far as Bristol—(I had heard him promise to be at the Thames Police that morning)—I told him he must come to the Thames Police—I then asked him if be remember the carpenter giving him any money on Saturday night to take care of he said, "No"—I then asked if he had found, being so tipsy, a surplus of Money in his possession that did not belong to him on the following morning—he said "No"—I asked what he had received, he said "Fifteen
covereings""—I said, "How much have you about you?"—he said "Thirty—on e or thirty-two"—I said "How do you account for the surplus?—he said, "I brought thirty-four sovereigns from Prince Edward's Island" I asked him if it was the currency of the country—he said, "No," but sovereigns were to be obtained in the country—I took him to the Thames Police—when he got there he asked to go to the water-closet, and I went there with him—he undid his trowsers and took out a handkerchief, and put it on the seat—I took the handkerchief, and said I suspected that was the carpenter's money—he turned pale, seemed confused, and said, "No"—Hound thirty—one sovereigns in the handkerchief, and one sovereign, and 22s. and 81/2 d. on his person.
Cross-examined. Q. He took this money from his person in your presence? A. Yes—it was tied round his person in a handkerchief.
SAMUIL TAYLOR . I am master of the barque Charles, from Prince Edward's Island, which arrived in the river on the 28th of August. On that day I paid the crew; and on the 1st of September I gave cheques to three of them, the carpenter, the mate, and another—the carpenter's was for 32l. 9s. 2d. and this prisoner's for 15l. 13s. 4d.—when I left Prince Edward's Island the prisoner was shipped as one of the crew—he did not go out with me—I employed him there some time—I believe he had but little money when he came on board, as he asked for an order a day or two before he left, as he wished for his wife to have a little, in case she should not have enough—I drew him an order for 5l.—when we arrived here, he hurt his thumb in towing a vessel—he wanted surgical assistance, and asked me for a few shillings, saying he had not got any money to pay for it—he teased me several times before I gave it him—on the day I paid the crew, (which was before I paid the prisoner,) he said he had been getting some grog at a public-house, and would I let him have half-a-sovereign—I gave him a sovereign—on both those occasions he stated he had no money—I gave them all leave to sleep on board on the Saturday night, which is a privilege that every one does not give them.
Cross-examined. Q. Did you give him a cheque for 5l. currency in Prince Edward's Island? A. Yes—that is only 3l. 6s. 8d. in England—he did not overdraw his account—he was entitled to what he drew for the doctor and for the grog—I pave him the cheque, and gave him a month's advance—I know he has a farm in Prince Edward's Island—I have heard him say he had children at Waterford, and that he wished to get his children out, to work on the farm at Prince Edward's Island, to save hiring labourers.
JURY. Q. Are sovereigns plentiful on Prince Edward's Island? A. They can be obtained—they are worth 28s. there—persons generally bring letters of credit from there, not sovereigns.
GUILTY . Aged 40.—Recommended to mercy by the Jury and Prosecutor.— Confined Three Months.
2194. MELINA KIRK was indicted for stealing, on the 5th of September, 1 breast-pin, value 3s., the goods of James Farrer; and 1 cap-caul, value 4d.; 3 napkins, value 3s.; 1 locket, value 1d.: 2 shillings, 7 Halfpence, and 12 farthings, the goods and monies of Frederick Hatch, her master.
consequence of which I marked some on the 5th of September—they were in the bowl—I believe it was fourpence-halfpenny—I am not certain—on the following morning I missed two marked farthings—I had put them on a shelf in the shop—I searched the prisoner's box, and found one of the marked farthings, and eleven other farthings, also a cap-caul that had been taken out of my box, and a little trinket—this is my property-(looking at it.)
Cross-examined by MR. BALLANTINE. Q. Are these the napkins? A. Yes; they are in the same state as they were taken from the prisoner's box, and as they were taken from my drawer—she took them out of the box, and placed them on the table—the policeman took charge of them-S. H. is on them—I do not know that it is on all, but I can swear to the darning of them—here is one that is marked, and here is another—I missed them on the 5th of September.
(The prisoner received a good character.)
GUILTY . Aged 16.—Recommended to mercy.— Confined Five Days.
TABITHA GRANT . I am single, and live at Hounslow with my mother, who takes in washing. I was at Brentford fair on the 12th of September, about eleven o'clock in the evening—I was going into the parlour of the Pigeons public-house—some persons hustled me very much, and some one took my shawl, and went away with it—I do not know who took it—the crowd was so great I could not turn round—I do not know the prisoner—I have not found my shawl.
I was standing at the door of the Pigeons public-house, and saw the prosecutrix go in—as soon as she was got in there a crowd, and they began to push her—I then saw the prisoner take the shawl from her, and take it round the door-post—he put it under his jacket, and went up the street—I went after him, and when I came back he was standing at the Magpie door with the party that had pushed the girl about—he ran away when he tucked the shawl under his jacket—I fetched the policeman, told him what occurred, and gave the prisoner into custody—I had know the prisoner before—I had seen him before at the market-place, playing at four corners, and I had seen him at Egham races, playing at four corners.
Prisoner. Q. Did you not say that it was a man with a hat and a white pair of trowsers? A. No—when you went out with the shawl, you had a black silk hat on, and when you came back you had a brown cap on.
Prisoner. He was running about the fair telling everybody it was a man with a hat and a white pair of trowsers, and he knows the parties now. Witness. No such thing.
THOMAS NORRIS . I am a police-constable. About a quarter-pass eleven o'clock on the night of the 12th, the prosecutrix came to me and said she had had her shawl stolen—the witness said he saw the person take it off her back and run up the street with it—I went with him to the
Magpie—he pointed out the prisoner as the man—I took him—he had no property of that description at the time.
Prisoner. The prosecutrix went to my mother's, and told her that she knew the party that took the shawl, and if my mother would give her the money the would make it up.
GUILTY .†Aged 18.— Transported for Ten Years.
OLD COURT.—Friday, September 21 st, 1838.
First Jury, before Mr. Sergeant Arabin,
2196. CAROLINE MARSHALL was indicted for stealing, on the 15th of September, 1 watch, value 2l.; and 1 guard-chain, value 10s.; the goods of Benjamin Allen, from his person; and MARY ANN LEDSHAW , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
BENJAMIN ALLEN . I am an architectural modeller. On Friday night, or Saturday morning, the 15th of September, about one o'clock, I was coming from Smithfield towards Saffron-hill—I was sober—I met the prisoner Marshall, in the corner of Smithfield, who asked me to go home with her, and to treat her—I said, no, I had no money—she asked me which way I was going—I said, "Down here"—she said, "I am going down here too," and when we got about two streets she dragged me down a place—I said, "It is no use, I have no money"—she said, "You have a watch"—I said, "Yes, and you would like to have it, I dare say"—she made a violent tug at me—I said, "You have got the watch"—she ran off, and I after her—she Tan into a house and shut the door—I got it open, and got into a room in the house—she turned sharp round and shut the door on me—I heard her running down stairs in, and could not open the door directly, but I got on the stairs about the time she got to the bottom—she ran up stairs to me, came into the room, and said, "You b——b——, now have I got your watch?"—I said, "No, I suppose you have planted it"—she said, "If you stop all night with me I will make it all right with your watch"—I said, "If you do not give it to me I will stick to you"—she said, "I know nothing about your b—watch"—I went out, and met two policemen at the bottom of the court—I took them in and gave her in charge, but could not find the watch—we came out, and in the house of the prisoner Ledshaw, two doors off, the policeman said, "This woman (Ledshaw) has got the watch, she hat buried it in the dust-hole"—my watch was found in the dust-hole of that house under the stairs—it was taken from me in quite a narrow dark passage—there was nobody by me but Marshall at the time, and nobody but her was in the room—this is my watch—(looking at it)—the guard was broken by being dragged off my neck.
Marshall. All he has said is wrong.
JOHN ARCHER . I am a policeman. The prosecutor came and described this to me about a quarter past two o'clock—he was perfectly sober—I went to the house directly, into the room he pointed out—I searched the room, and on the stairs, but could not find the watch—I was bringing Marshall up the court to the station-house—I observed a light in the passage of No. 4—I pushed open the door, and under the stairs in the
dust-hole, I found Ledshaw—I said, "What are you doing here?"—she said, "I am looking for the cat"—I pulled her out—the other constable put him hands in among the dust and there was the watch—I took her into custody—she denied knowing about it, and Marshall also, but when it was found Marshall said, "He gave me the watch for 7s".
Marshall's Defence. I met the prosecutor in King-street, Holbon—he said, "I want to go home with you, I have no money, but I have a like waistcoat, I will leave it with you to pledge"—he afterwards said, "l con not do that, I will leave the watch with you for 7s. until the morning"—there was no lock to my door, and I put the watch in the dust-hole' myself for safety, intending to give it him back in the morning for 7s.—he was with me an hour and a half—I never saw Ledshaw that night at all.
Ledshaw's Defence. I went to bed at eleven o'clock, and in the morning, a woman, who lodges next door, came to me for a light—I gave it to her—my cat ran out at the door—I went to the passage to look for it, and the policeman came in, and pulled out the watch—I had not seen it' that—I had not seen Marshall since Friday afternoon.
BENJAMIN ALLEN re-examined. I never gave the watch to Marshall—I was not in the room with her ten minutes—I was robbed after one o'clock—I was not with her twenty minutes—I was looking for my watch was Marshall, till I found the policeman—the policeman says it was after two o'clock, but it was but two or three minutes after two o'clock when we got as the station-house, and we had been twice to the station-house, and found the other woman.
Marshall. He was treating a woman in the street Witness, I met two girls before I met her, who begged me to give them a few halfpence, as they had had nothing to eat, and I gave them a few halfpence, bat they accosted me as beggars, not as women of the town.
MARSHALL*— GUILTY . Aged 24.
LEDSHAW— GUILTY . Aged 25.
Transported for Ten Years.
Before Mr. Baron Alder son.
2197. JOHN SELBY was indicted for feloniously assaulting Thomas Barlow, on the 27th of August, and stabbing, cutting, and wounding him, in and upon his left hand and left arm, with intent to maim him.—2nd COUNT, stating it to be with intent to disable him.—3rd COUNT, with intent to do him some grievous bodily harm.
MR. BALLANTINE conducted the Prosecution.
THOMAS BARLOW . I am a lighterman, and live in Queen-street, Ratclifife-highway. On Monday, the 27th of August, between seven and eight o'clock in the evening, I was standing on the gate, at the Kegent's Canal—the prisoner was on shore near me—John and Thomas Butcher were there—I had not been long there when I saw the prisoner hit young Butcher—I had heard the prisoner use very coarse language to Butcher's father, which is not fit to repeat, and John said he would not allow his father to be abused in that way—the prisoner then hit John Butcher a blow in the mouth—a straight-forward blow, with his fist—I had not my self seen John Butcher hit him before that—after striking him with his first,
a put his hand in his pocket, and drew his knife, and said, "I will cut the b—'s bowels out that interferes"—he made a motion towards John Butcher—I immediately ran behind him, and grasped him round the—he had his knife in his hand—when I laid hold of him, I got hold the blade of the knife, and he drew it through my hand, and cut it—he lifted up his hand, and cut me across the arm, and said, "There, you you have got it"—my arm bled dreadfully—he drew the knife across say arm, laying it upon me—I was holding him all the time, with both arms—it was my left arm he cut—we fell down together, and I tried to get away from him—he got my shoe in his mouth, while we were down, and it my shoe—two women got on us, and helped me away, and Ward and a policeman took me to the station-house.
Prisoner. Q. On Monday morning, the 25th of August, did not you some alongside my boat, and abuse me about taking boats out of the annual? A. I had not ever said a word to you—you did not tell me not in trouble my head with your business.
COURT. Q. When he took the knife out of his pocket, was it open or shut? A. Shut—I saw him open it.
J AMES GREEN WARD. I am a constable at the Regent's Canal Docks. I heard the alarm, and saw the prisoner lying on his back—the prosecutor was partly over him, grappling with him on the ground—I afterwards saw him trying to get away from the prisoner, and the prisoner, to hold him, not his foot in his mouth—the prosecutor's arm was cut—I saw the found afterwards—I produce the knife—it was given to me by John Butcher.
Prisoner. Q. When you ordered me off the pier-head, was I not bleeding at the nose? A. Yes—that was before this—he was bleeding prousely but I did not see the blow struck.
DANIEL ROSS . I am a surgeon, and live in High-street, Shad well. The prosecutor was brought to my house with a wound in his left arm, right across the fleshy part of the arm, completely dividing the muscle, an inch and a half deep, I should think—I have since seen the cut in his hand—I brought the muscle together with liniment—his arm is still in a very inflamed state, and he was very weak and ill—it was a severe wound, but not dangerous—he is recovering the use of his arm.
Prisoner. Q. At the station-house, did not you order me to be taken to the hospital? A. Yes—he seemed to have been very severely punrisked indeed—he was bleeding at the lip, and his eyes were puffed up—he was lying in a fainting state.
JOHN BUTCHER . I was present My father was on the pier-head, and I on the barge—I heard the prisoner call my father bad names—I went and told him I would not hear my father ill-used by his bad Ianguage, I struck him—we had a regular fight together, and he dissected the collar right off my jacket—I did not give him a black eye, that I know of—I struck him once—what he got, was done after Barlow was cut with the knife, as he struggled greatly, and I assisted with others in securing him—he got the blow in the struggle.
Prisoner. Q. When your father and I had a few words, did not your father abuse me about 5s. which I had received from a boatman? A. Not
that I heard—when I heard you blackguarding my father, I struck you—I hit you once—I struck you first, and then you struck me, and we both fell to the ground.
(The prisoner put in a written defence, stating that, on the precious day, the prosecutor and Butcher had been calling him names, and on the day as question Thomas Butcher was abusing him on the pier-head—an altercation occurred—Butcher struck him several times, upon which he drew hit knife, considering himself in danger, and in struggling for it the prosecutor got his arm cut.)
GUILTY on the Third Count. Aged 33.— Confined One Year.
Third Jury, before Mr. Recorder.
2198. ROBERT RICHARDSON was indicted for feloniously breaking and entering the dwelling-house of James Foddy, on the 12th of September, with intent to steal, and stealing therein, 2 shawls, value 19s.; 1 gown, value 5s.; 1 sheet, value 3s.; 2 shoes, value 3s.; and 1 basket, value 6d.; the goods of the said James Foddy.
RICHARD DANIELS (police-sergeant S 12.) I met the prisoner in company with another person, on Wednesday, the 12th of September, coming towards London—the prisoner was carrying this basket—I asked him what was in it—he said blackberries, but I found it was a gown, a shift, a shawl, and two pairs of shoes—there were no blackberries—his company ran away—when we got about half-way to the station-house he said, "I have got something else here," and drew this shawl from under his clothe—he struggled a good deal to get away, and tried to beat me—he said the other one had given him the basket and things to carry.
SARAH FODDY . I am the wife of James Foddy, and live at Hornsey, in the parish of St. Mary, Islington; he is a turnpike-collector. On Wednesday morning, the 12th of September, I left my house at six o'clock—I returned on Friday evening, and missed these things out of my box—the articles produced are my husband's—our door was broken open by kicking it open, I think—I locked the door on Wednesday morning.
Prisoner's Defence. The other man gave me twopence to carry them, and I had no sooner got them than the policeman took me—I was to carry them to Maiden-lane.
GUILTY . Aged 17.— Confined One Year.
2199. DANIEL BEASELY, THOMAS WATTS , and WILLIAM BEASELY , were indicted for burglariously breaking and entering the dwelling-house of Francis Chipperton, on the 19th of September, with interest to steal, and stealing therein, 2 baskets, value 1s. 6d.; 12lbs. weight of copper, value 7s.; 30lbs. weight of brass, value 15s.; and 81bs. weight of pewter, value 4s.; the goods of the said Francis Chipperton.
D. BEASELY pleaded GUILTY . Aged 19.
W. BEASELY pleaded GUILTY . Aged 16.
Transported for Seven Years.
FRANCIS CHIPPERTON . I am a bone-boiler, and marine-store dealer, and live in Fulham-fields. The prisoner Watts and his father have been some time in my employ—I lost two baskets, and these other articles, on
Tuesday night, or early on Wednesday morning—Watts was out a great deal with the other two prisoners I know—I sent him in chase of the other two, who I understood had gone away with the metal in a boat—I do not know of Watts ever being in possession of the property.
JOSEPH SINGLETON . I received information of this. I went after the, who were in a boat—they tried to shove it off, but could not, and they went into the water—I took Williams—I know nothing of Watts—the property was found in a dung heap.
WILLIAM AYRES . I am a policeman. I went to Mr. Chipperton's house, on Wednesday, the 19th of September—I did not find any property a Watts's possession—I questioned him if he knew any thing respecting he robbery—he said it was no business of mine, and he should not satisfy or his master—his master then gave him in charge.
WATTS— NOT GUILTY .
2200. JOHN GLOVER and CAROLINE BLISHER, alias Walduck, here indicted for feloniously forging, on the 14th of August, a certain will, purporting to be the last will and testament of one Martin Byrnes, with content to defraud William Bennett.—2nd COUNT, for uttering the same with like intent—3rd and 4th COUNTS, stating their intent to be to defraud he next of kin to the said Martin Byrnes.
MESSRS. RYLAND and BALLANTINE conducted the Prosecution.
WILLIAM HARTREE . I am clerk to Mr. William Bennett, carrying on at Rotherhithe. He is the sole owner of the Resolution, which left in 1834, for the South Sea voyage—in the event of the will in question being genuine, Mr. Bennett would have to pay the wages of deceased—I did not know Martin Byrnes—on the 1st of August the prisoner called at Mr. Bennett's counting-house—he saw me, and said he called to inquire about a man named Martin Byrnes, belonging to the ship Resolution—I told him the Resolution had been home several months—I referred to the book, and that Martin Byrnes had died at sea, which I told him—he then said he had been acquainted with Byrnes's father many years, and that Byrnes had lodged with him when at home, and that he had left a will with him—I said, "Bring it over, and let me look at it"—he went away, and called again on Monday or Tuesday, the 6th or 7th of August, and presented me a paper, purporting to be a will—this is the paper—(looking at it)—on Booking at it I observed a cross made to it, as the mark of Martin Byrnes—I referred to the ship articles, which are in Court, and finding Byrnes could write a tolerably good hand, without acquainting the prisoner, I asked him if Martin Byrnes could write—he said, "Yes, he could write, but had hurt his hand at the time, and therefore made his mark"—this excited my suspicion, and I told him I did not like the appearance of it—I gave him the paper back, and requested him to call again in a few days—he called again on Monday the 13th—I made a coramunication to Captain Garbutt, and obtained from him a description of Byrnes—I went with him into the counting-house and asked the prisoner to describe Byrnes before that gentleman—he said he was a shortish man, rather r stout, and fullish-featured—I told him he could not receive the property without administering, and asked if he had any proctor—I wrote Messrs. Jenner's address, in Doctors' Commons, and asked him to meet me there at eleven o'clock—I asked him if he knew the attesting witnesses—he said one was living—he knew one of them—I said, "Bring that witness with
you, and if it is right you can administer"—I returned the will to him—he had told me he lived at No. 22, Charlotte-street, Whitechapel-road—he gave me that address, and it was also in the body of the will—I wrote it down the second time he came, before I went to Doctors' Commons—I went to the address he gave on the morning of the 14th, and found it a very respectable public-house, but no such person was known—I did not find him there at all—I went and saw Lea the officer, and went with him to Mr. Jenners', at Doctors' Commons—I waited there probably twenty minutes, and then the two prisoners came in—we were in a private room—Mr. Jenner's clerk brought the female prisoner into the room, and I asked her what she knew about the male prisoner—she said she had known him some time, and formerly did needle-work for his wife—I asked her respecting the signature of the attesting witness, which she said was her writing—I said, "Here is a curious letter, you have made of K in King-street—she said, "I never could make a K in my life"—but with regard to Byrnes, she said, he had hurt his hand, and therefore made the mark—Lea asked her many questions, he then left the room, and in about five minutes called me the passage—Glover was not present, but from what Lea said, I went Glover into the room where he was, and said to him, "I am now satisfied you are wrong, I have been to No. 22, Charlotte-street, and can find no such person known, but perhaps you will go with us to Charlotte-street, and point out the house where you live"—he said he had no objection—I put the will into my pocket, and afterwards gave it to Lea—we took a coach and went into Charlotte-street—he took us to No. 50—I said, "How is this you told me No. 22?"—he said, "Good G—! how could I make such a mistake? the numbers must have been altered"—a person came to the door who said they had occupied the house two years, and that Glover did not lived there—after a great deal of trouble, we found he lived in Great St. Helened—but before that we went to No. 109, Pennington-street, and found he was not known there—he had told Lea he lived there.
Cross-examined by MR. JONES. Q. You did not know Michael Byrnes at all, and could not tell whether he could write or not, yourself? A. Certainly not—I referred merely to the articles—I believe Mr. Bennett is not here, he resides at Farringdon, in Berkshire—I told Glover the second time he came, that I did not like the appearance of it—(he came about a week after)—he brought the will with him on each occasion, and I gave it back to him—there was 33l. due to Byrnes for his service in the ship—I do not know whether he had any relations.
JOHN CLARKE SPENCE . I superintend the shipping of Mr. William Bennett—here are the articles of the ship Resolution— I know nothing of Martin Byrnes, except when he was shipped, I saw him sign his name to the articles—I witnessed it.
THOMAS GARBUTT . I am master of the ship Resolution, South Seawhaler—Mr. William Bennett is the sole owner—I sailed in heron the last voyage the 2nd of June, 1834—Martin Byrnes was one of the crew—he continued on board until the 11th of June, 1837, and then died—he was buried in the usual way at sea—I came back to this country on the 25th of February last, and immediately saw Mr. Hartree at Mr. Bennet's office—I saw Glover there on the 13th of August, in the presence of Hartree—I heard Hartree ask him to describe the deceased, which he did—I had received information from Hartree about the will a few minutes before—Glover described Byrnes as rather shortish, full-faced, and thick-set—I
then asked him, "Do you know what countryman the deceased was?"—the said he was an Irishman—I asked him if he knew what part of Ireland—he said Kilkenny—I told him he had not described the deceased right—he said nothing to that—I said Martin Byrnes was rather a tallish man, and thin-faced, and stood from five feet six to five feet seven—he made no answer—he by no means answered the description the prisoner gave of him—he had a hatchet-face.
Cross-examined. Q. When did you first know Byrnes? A. The day he entered on board, the 2nd of June.
MR. RYLAND. Q. Did you go the voyage? A. Yes—here is the logbook—the chief mate kept it, under my directions—I see what he writes in it from time to time, and generally see that he puts in what is right—this entry of the death of Byrnes is the mate's writing—it is a true entry—it was not made in my presence, nor from information given by me—it is the occurrences of the day.
COURT. Q. How soon after the death did you see the entry in the book? A. I cannot say that I looked at the book for some time after—I Book at the log according to occurrences—it was entered by the chief mate at twelve o'clock next day, when he writes the log up—I know it is a faithfulentry—I have not the least doubt of it.
MR. JONES. Q. Did you see the man when he was dead? A. Yes—we did not remain at sea from the time Byrnes was shipped at Gravesend till he died—we put into different harbors—we were abroad during the whole time—it was on the 13th I saw Glover—he went away then, and the clerk told him to meet him next day, at the proctor's—Byrnes was not in an ill state of health long before he died—he died in a few days from being taken ill.
(The will was here read, bequeathing his effects and wages to John Glover, land appointing him sole executor, witnessed by Thomas Wright and Caroline Blither, of No. 18, King Edward-street, Mile-end.) JAMES LEA. I am a constable, of Lambeth-street On the 14th of August, I went with Mr. Hartree to Mr. Jenner's—the prisoners came there—I called the female into a room, where I was sitting with Mr. Hartree, and asked her what she was—she said she was a widow, and lived at No. 18, King Edward-street, Mile-end New-town—I asked her what her husband was—she said he had been a bricklayer—I asked what she knew of John Glover—she said she had known him many years—she was in the habit of working there at times when his wife was alive, but bad not worked for him for the last two years—I asked her how many rooms there were in Glover's house—she said there might be six or eight, and it was in Charlotte-street, Whitechapel—I asked if he let it out in lodgings—she said, "Yes"—I asked what description of lodgers—she said sailors, and she did jobs for them when they came from sea—I asked if she was sent for to sign that will—she said no, she was at work there at the time—I asked her to describe Martin Byrnes—she said it was so long ago she could not recollect—I then went into the office where Glover was, and asked where he lived—he—he said, at No. 109, Pennington-street, Ratcliffe-highway, and that he was tailor—I afterwards went there, but nobody knew such a name—I asked him what he knew about Mrs. Blisher—he said he had known her a great many years, she was in the habit of coming to work at his house as a tailoress, that he known Martin Byrnes many years, and he always lodged with him when he came on shore, and he knew his father also—Hartree
said, "Why, you have given a wrong address; I have been to No. 22, Charlotte-street, Whitechapel, and I could not find such a name there; have you any objection to go with us to she us the house?" and we all went in a coach—he took us to No. 50, but we found no such person as Glover lived there at the time—he looked up at the house, and said the number must have been altered—I asked him, in the coach, what he knew of Wright, the other subscribing witness—he said he knew him very well, that he had left London, and gone to America two years ago—I afterwards went to the Three Crowns, in East Smithfield, and found Glover's son was lodging there—I found he himself lived at No. 26, St. Helen's the son told me so—I have not heard from the prisoner himself that he lived there—I went to St. Helen's—I went to where Blisher said she lived, and found she did not live there—I found her sister lived there, with a man named Bardell—I found, in Glover's room, a red book, and three tickets, in the name of Walduck.
Cross-examined. Q. What became of the woman, while you went to the lodging of Glover, as you thought? A. She was in the coach with us.
EDWARD SKSET . I live in Bluegate-fields, Shad well. In 1834 I lived in New Gravel-lane, Shad well—I knew Martin Byrnes, he came home in April, 1834, and lodged at my house until the 1st of June, when he went with the Resolution—I went down to the ship with him—when he came to me on the 6th of April he came from the Lady Meloille from China—I fetched him home from the ship myself with other lodgers—she was an East Indiaman just arrived.
Cross-examined. Q. How do you know that? A. People lodging with me went out in her and came home in her—I was on board as soon as she arrived.
MR. RYLAND. Q. From the 6th of April till the 1st of June did he ever leave your lodging? A. He was never away twenty-four hours—he always slept at home.
MR. JONES. Q. Do you mean to swear he never slept away from your house a single night? A. I will swear he was not away twentyfour hours—he might be out one night, but I did not lose sight of him for twenty-four hours.
THOMAS PARKS . I was with Cooper on board the Resolution on her last voyage—I knew the deceased Byrnes, and know he could write—I have seen him write—I should not be able to speak to his hand-writing—I never knew him make a mark for his signature—in 1834 I belonged to the Eclipse South Sea whaler—Byrnes then belonged to the Lady Melville East Indiaman—I saw him on shore at St. Helena, in February, 1834—it was then I first became acquainted with him—the vessel was on her voyage home then.
HENRY PETER ROW . I am a mariner. In February, 1833, I went out in the Lady Melville— we sailed from Gravesend for Bombay and China—I am sure of the year—I knew the deceased, but not by the name of Martin Byrnes—we used to call him Paddy Byrnes on board the ship, because he was of Irish descent—I never knew his right name—he was about twenty years old—not quite so stout as me, and about five feet seven—his face was not altogether fat—he might hare a little fat about him—he was much about the same size as myself—we touched at St. Helena in our passage home.
COURT. Q. Can you tell us where he was in November, 1833? A.
At Christmas, 1833, he was at Rio-bars, in the East India Straits—he was not in England in November, 1833—I came home with him and lodged in the same house with him, at Skeet's—I never lost sight of him during the whole voyage.
Cross-examined. Q. Are you still a seaman? A. No, I have not been to sea since—there was nothing extraordinary in Paddy Byrnes—his was always a very quiet, steady man—I lodged with him at Skeet's for months—I work in the Docks now—I have nothing but my memory to fix the date, but I know the time we arrived very well—I am quite sure the date is correct—William Drake was on board with me.
WILLIAM DRAKE . I am a labourer, and live in Fortunate-place, Bluegate-fields—I went a voyage in the Lady Melville to the East Indies—she started in January, 1833, from Gravesend for Bombay—I am quite clear about that—I went in her and returned in her—Martin Byrnes was on board and returned with her in April the following year—we called him Paddy Byrnes for a nick name.
EDWARD SKEET (re-examined,) I knew him by the name of Martin Byrnes—I have heard him called Paddy Byrnes by his shipmates, Row and others—I have his name entered in my book as Martin Byrnes, which was the name he gave me—I have entered here the day he came home.
ELIZABETH WEBB . I am a widow, and live in Parr place, Islington. I am proprietor of the house, No. 50, Charlotte-street, White chapel, and have been so since 1814—neither of the prisoners were ever tenants of that house.
Cross-examined. Q. Have you had a tenant in it of the name of Glover? A. Yes, who I believe to be the prisoner's son—I do not know the prisoner at all.
JOHN HARDHAM WAPLE . I am clerk to Messrs. Jenner and Co., of Dean's-court, Doctors' Commons. When the will was produced there, I asked Blisher, in the presence of Mr. Hartree and Lea, about it—she said that was her signature, pointing to the signature, "Caroline Blisher, King Edward-street, Mile-end"—it was brought to our office, to be proved by the prisoner Glover.
Cross-examined. Q. Did Glover produce the will to you? A. He did.
COURT. Q. What did the woman say? A. She said that it was her signature to it—I did not ask here where it was executed.
THOMAS BARDELL . I am a basket-maker, and live at No. 18, King Edward-street, Mile-end. I know the female prisoner—I have seen her several times—she was in the habit of coming to my house once a week or once a fortnight—I also know Glover"—as far as I understand, they are father and daughter—she never lived in my house—I have lived there nearly two years—she has not lived there during that time.
Cross-examined. Q. Are you sure you have not lived there longer than two years? A. Yes—I do not know an Edward-street in that neighbourhood, but I know very little about the names of the streets—I lived in Lamb-alley City, before that.
GLOVER— GUILTY . Aged 67.— Transported for Seven Years.
BLISHER— GUILTY . Aged 42.— Confined Two Years.
MR. KEENE conducted the Prosecution.
WILLIAM LEGGE . I keep a carpet warehouse in Beech-street, Barbican. On Wednesday, the 12th of September, I lost seventy yards of carpet—I was not at home at the time it was taken—it was safe when I went out about eleven o'clock, and when I came home about one o'clock it was gone.
Cross-examined by MR. PAYNE. Q. Did you leave anybody in your warehouse? A. Yes, my grandson—the carpet was about four yards from the door.
JOHN BREWER . I am a brass-founder, and live in Ravenscroft-street, Hackney-road. On Wednesday, the 12th of September, between twelve and one o'clock, I was in Beech-street, Barbican, and saw a young man draw a carpet from Mr. Legge's warehouse door—he dragged it along the warehouse floor, and when he got it to the street-door, it came undone, about two yards of it—he hustled it to the side of the door as well as he could, and then the three prisoners came across the road—the one who drew it from the shop-door made his escape—when he got it out at the door, the three prisoners came over to him—they lifted it on Welsh's shoulders, and his hat fell off at the time—Humphreys lifted his hat up, and gave it to him—they then went up Golden-lane all four together—I west into Mr. Legge's shop, and informed them they had been robbed of carpet—Mr. Legge was not at home, and his nephew came out to me—I went up Golden-lane in search of the prisoners, and in Whitecross-street met Welsh and the one not in custody—they went into a public-house, and Warren and Humphreys were standing at the public-house door—the other two went in, and Humphreys and Warren followed after them—I went back to Mr. Legge's shop, and stated I knew where they were—I afterwards saw them all four come out of the public-house together—they went in again, and stopped three or four minutes—Mr. Legge's nephew and I went to a policeman—I only saw one in Whitecross-street, and he was not on duty—I went to the station-house, got one, and apprehended all four in a private house where I had watched them—it was about one o'clock when we apprehended them—the other man made his escape—I am certain of the prisoners.
Cross-examined by MR. PAYNE. Q. You cannot be mistaken? A. No—they had not the carpet with them when I saw them in Whitecross-street—I lost sight of the men while I went into the shop, and afterwards saw Warren and the other man in Whitecross-street without the carpet—I am quite sure two of the prisoners and another helped the carpet on Welsh's shoulders—I had been to Mr. Warner's, in Jewin-crescent, and was going about my own business—I work for Ramsden and Bennett, of Kingsland-road—I worked for them a fortnight, and before that for: Mr. Rowley, an engineer in Howland-street, Fitzroy-square, for two months—I was always a brass-founder—I was apprenticed to it—Welsh and Humphreys were taken into custody between twelve and two o'clock—I did not see Warren is custody, but they were all in one place at one o'clock—I pointed them out to the policeman—I am quite certain the three prisoners are the same persons.
Cross-examined by MR. JONES. Q. Do not you know Warren was not
taken till between eight and nine o'clock that evening? A. Yes—I had never seen either of the prisoners before.
COURT. Q. What enabled you to notice them, so as to be able to speak so positively? A. By seeing three come from the other side of the road—I looked at them very hard—I am certain they are three of them.
BENJAMIN FOWLER . I keep a public-house in Beech-street. On Wednesday, the 11th of September, at one o'clock, I was passing along Beech-street, on passing Mr. Legge's house, and saw a carpet being rolled by a man on to the foot-path to the steps of the next house, and about two yards of it came open—when I got up to him he was stooping to get it on his shoulder—I did not see his face sufficiently to know him—it seemed more than he could get up without assistance, I think, but I passed on and did not see any other men—I did not suppose it was a robbery—he set it up end-ways on the step of the next house.
Cross-examined by MR. PAYNE. Q. Nobody was helping him then? A. Not any one.
PHILIP CHEETWOOD (police-constable G 160.) Last Wednesday, about one o'clock, I went with the witness Brewer to White-cross-street, to apprehend some men for stealing a carpet—when I got there I saw a room full of men—it was in Warwick-court, White-cross-street—the three prisoners were there—Warren was there in his shirt sleeves, and as I entered the room I distinctly saw him swallow two shillings—I did not take him into custody—I asked Brewer which was the man who stole the carpet—he said, "This man,"(that was the one who has escaped,) and I apprehended him immediately—I brought him to the door—he threw himself down, pulled me on the top of him, and got away—I saw the prisoners again the same evening, and saw Warren taken to the station-house.
Cross-examined by MR. PAYNE. Q. You are quite sure of Warren? A. Yes.
Cross-examined by MR. JONES. Q. Had you ever seen Warren before that day? A. Never, that I can recollect—I did not take him into custody for swallowing the shillings, because the other man was pointed out to me immediately as having stolen the carpet, and I took him—there were two more policemen there, but Brewer was pointing out several persons at the time—it was not in the room I was thrown down, but outside the door in the street—I swear that Warren is the man—it is not possible I can be mistaken—it was about one o'clock in the day—I recognised Warren the moment he was brought to the station-house.
JAMES CHARLES PATTEN (police-constable G 157.) I went to Warwick-court with Cheetwood, and found the prisoner Welsh there—he resisted violently, and effected his escape—I saw which way he ran—he was afterwards caught—as he was being taken to the station-house he said it would not be much trouble—I am certain he is the man—I never lost sight of him.
COURT. Q. What would not be much trouble? A. I do not know, I suppose he meant to make his escape—I returned to the same house, and took Humphreys—this was from half-past twelve to half-past one o'clock the same day.
Cross-examined by MR. PAYNE. Q. When you took Welsh the second time, I suppose you told him he must go to the station-house? A. Yes,
and he said it would not be much trouble—I only lost sight of him in turning round the corner.
DANIEL COLLETT (police-constable G 63.) On the 12th of September I went with Patten to Warwick-court—I was present when Welsh was pointed out by Brewer and taken into custody—he threw the officer down and got away—I pursued, and caught him in Princes-street—I took him to the station-house, searched him, and found 19s. 6d. in silver, and a duplicate, on him—I went back to the same public-house, and apprehended Humphreys.
ELIZABETH PATTEN . I am the wife of James Charles Patten, who has been examined. On Wednesday week, the 12th of September, about nine o'clock in the evening, I was in Whitecross-street—I had been to make a purchase of some articles—it was from ten to twenty minutes after nine o'clock—there were some boys playing on my left hand, and one was smoking—it was the prisoner Warren—I heard him say," All I blame then for, after they had sold the carpet, was going down to Franks, (I think that was the name,) and having something to drink there; they were taken into custody, and a pretty scuffle they had"—he said this to two person who are not in custody—I went to Tate, policeman No. 133, and told him if he watched those persons he might get some information respecting the carpet robbery—Warren and his companions followed me on the opposite side of the way, and went into a public-house at the corner of Play-house-yard.
Cross-examined by MR. JONES. Q. What time did you hear of the robbery? A. I cannot say exactly the time, but about six o'clock in the evening—I heard of it from my husband—I was not on the look-out—I went out to purchase some articles, which I had in my possession—when I went to the station-house I told Tate what I heard Warren say—every word I have now repeated—I did not put them down in writing—I had no occasion to do it, because it is the truth, and the truth no one has occasion to write down—my husband is not stationed on that beat—his station is in Wellington-street, Goswell-road—I live in Fins bury-street—the men followed me on the opposite side of the road—they were on the opposite side when I met the policeman—there was no other policeman with Tate at that time—he did not attempt to take the other two into custody—because I heard no word escape from their lips—all I have said is true—there were other persons in the street—I turned round to a man who keeps a greengrocer's shop, and said, "If there was a policeman I would give charge of these three, for I think there is a man who knows something about the carpet robbery"—the greengrocer lives close by there—I told the Magistrate what I said to the greengrocer—what I said was taken down in writing—that is not in my deposition, I believe—the greengrocer was not called as a witness—the men walked deliberately along, not fast—I had been to Golden-lane, to purchase some brushes and a broom—there was no one in company with me—this is the first time I was ever a witness in my life—I am confident of the words he used.
HENRY TATE (police-constable G 183.) On Wednesday night I was on duty in Whitecross-street, and in consequence of what Mrs. Patten said, I took Warren into custody, at the corner of a public-house in Whiter cross-street—he was in company with two thieves, smoking a pipe, outside the door, in the street.
Cross-examined by MR. JONES. Q. Did you ever see Mrs. Patten before?
A. No—I know her husband—I did not attempt to take the other two—I could not take more than one—I knew them both to be thieves, and they have been in custody as thieves—I have not looked for then once—I have been a year and two months in the police, and have been a witness four or five times.
Witnesses for the Defence.
EDWARD BOOLEY . I am a first-class foreman at the West India Dock Company's warehouse, in Crutched-friars, and have been so four years. The prisoner Warren was in the service of the establishment, as a labourer, for eleven or twelve weeks before this transaction-his hours of work were from eight o'clock in the morning till four o'clock in the afternoon, except when we were busy, and then we sometimes altered the hours to seven o'clock in the morning-from twelve o'clock to twenty minutes past is allowed for dinner—the men generally take their refreshment in the warehouse-none of the men can leave the warehouse between eight and four o'clock without a pass from me—it is impossible—this is the pass we give the men-(looking it a paper)—on Wednesday, the 12th of September, Warren was at his work at the warehouse—I saw him-(looking at a book)—this is a book of the labourers' time—it is kept by Thomas Thorn, who is here-Warren was at the warehouse from eight to four o'clock that day—he was with me all day in the tea warehouse.
COURT. Q. Do you mean that you did not leave the warehouse at all, all day. A. Yes; not from eight till four o'clock-not for half an hour—I took my refreshment in the warehouse.
MR. JONES. Q. I believe there is a regulation, that you are not allowed to go out? A. Yes-Warren was absent on the 13th, and ever race—he was working there on the 12th, and for some days before.
COURT. Q. What makes you recollect the day? A. It was a very particular day—he was employed in a very particular purpose, putting leads on a tea-chest—he being a very steady man, I put him to the work from among 200 people—he never left me except to get refreshment, and that was on the same floor, among the other men.
MR. JONES. Q. Do you remember hearing of the charge against him on the 13th? A. No, on the 14th—that called my attention to the 12th—I inquired for him on the 13th—he was a very honest, steady man—he never lost an hour all the time, and never asked for leave to go out—he has been promoted by me for being steady.
MR. KEENE. Q. What was the promotion? A. For easier work—I do not mean to say a person cannot run out of the premises, but it would be difficult to pass the gate-keeper, who is one of the police, and never leaves the gate—the warehouse is nearly half-an-hour's walk from Beech-street, at moderate walking—he commenced working at eight o'clock that day—I never left him till dinner-time—he was on the same floor—I saw him at work the same as others—I walk about, and superintend them—I dare say there are 150 at work on a floor—I walk about for the purpose of seeing them all do their duty—I have two overlookers to help me—we do not divide the men between us—we go to different parts—it is my duty to see the men do not stand still for want of leads, and it was Warren's business to put the leads on the chests, and Iliad to pay more attention to him than to others, that the men should not stand still—there was only him engaged in putting the leads on-Bell supplied him with them—he went to dinner at twelve o'clock—I cannot say whether he passed me
in going to dinner—when the bell rings, every man stops work—I know he was there when the bell rang—it rang again in twenty minutes and within two minutes after that, I saw him again at the same work—I an sure of that, or I should have been standing still, as he had to supply the men with leads.
MR. JONES. Q. Is it possible for one man to go away without you seeing him? A. They can go away for a lead or so—they cannot go away for twenty minutes without my missing them—they go away for the purposes of nature, but we have persons to see that they do not stop an inproper time—a man could not go to the prosecutor's and commit a robbery, I should think not even in a cab.
THOMAS THORN . I am employed as keeper of the check-book is the warehouse—we take it alternately—on the 12th of September I made the entries—I can tell from that, that Warren was there from eight o'clock till four o'clock—I remember seeing him that day, and can undertake to say was there within those hours—he was there at ten minutes before eight o'clock and I discharged him at ten minutes after four o'clock in the afternoon—a bell rings about five minutes before four o'clock—I can say he was then then—I do not know where he was in the course of the day, or what was his employment.
COURT. Q. Did you see him between twelve and one o'clock that day? A. I do not remember.
JOHN BELL . I am lead-maker at the warehouse—on Wednesday, the 12th of September, I was there all day, and from eight o'clock till twelve I was serving Warren with leads—he was not absent as much at ten minutes in that period—he was there from twelve o'clock till four—he went to his dinner when the bell rang at twelve o'clock, and I saw him again at twenty minutes after twelve o'clock, when the bell rang—I did not see him get his dinner.
COURT. Q. Do they not exceed their time at dinner? A. No, the bell rings for about two minutes, and as soon as the bell begins they come to work.
MR. KEENE. Q. Do you mean two minutes after the bell rangy you saw him again? A. I will say within five minutes-his employment was putting leads on chests which were finished—I supplied him with twentyfive at a time—in the course of that day he had perhaps five hundred or a thousand—it does not take more that five minutes to put on twentyfive—he came to me in the morning, and had what leads he wanted—he came to me as often as leads were wanted—he sometimes has four on five bundles at a time.
MR. JONES. Q. Did you find at the end of the day that he had done as much work as he generally did? A. Yes—he had done leads before that day—I do not know how long he had been employed on it—he only came this season.
HUGH M'HARRIS . I am a labourer at the Crutched-friars warehouse I remember Wednesday, the 12th of September—I was pot in mind of the day on Friday, which brought it to my recollection—I have no doubt whatever as to the day—I saw Warren at the warehouse at eight o'clock that morning, and had dinner with him—I had my potatoes boiled in his net—I met him on the stairs, and he gave me the money to Purchase his beer—I saw him at his dinner in the warehouse, from twelve to twenty minutes after twelve.
COURT. Q. Had your potatoes been with his before? A. Yes, on Monday not on Tuesday—my attention was called to the day when I heard he was in charge for robbery—I saw him at intervals in the course of the day—I did not lose sight of him for more than ten minutes at a time during the whole day—I was working with him.
MR. KEENE. Q. Were you putting on leads that day? A. Yes, helping Warren—I was doing so the day before, and the day before that—he was at that work all that time—I sometimes boil my potatoes in another person's net—he had some of his in the same net, and we divided them after they were boiled-immediately I heard of his being in trouble, I recollected the circumstance—I was told I should very likely have to give evidence to clear him at the police-office—I did not expect to come here—it immediately came to my mind that he could not have committed the robbery, as he was in my company the whole day—I attended at the police-office to give evidence, with six other men, besides the foreman, but we were never called—I do not know why.
ROBERT SCOTT . I am second-class and assistant foreman at the Crutchedfriars warehouse. I remember the 12th of September, last Wednesday week-Warren was at the warehouse that day—I heard of this robbery on the Friday following—I saw him from ten minutes or a quarter to eight o'clock in the morning, till four in the afternoon—I never lost sight of him for twenty minutes—I saw him there when the dinner bell rang at twelve o'clock, and saw him all the while he was at dinner—I went with him to work again when the bell rang, and saw him at his work.
COURT. Q. How came you to see him at work? A. It was my duty-etch foreman has an assistant—Booley has a larger charge than me—I only superintend in one place, and his duty leads him to different places, all round the different floors—he had the charge of two floors at that time, the first and second, but there is a second-class foreman superintending on each floor—I cannot say how many men there were at dinner together—there might be seven or eight present, or ten, not more—there is a great space round about—they do not all dine in one spot—they go where they like, to any part of the building—the publican, who lives in the same street, boils their potatoes for them—they do not boil them on the premises—the publican or his servant brings them—they generally use nets to keep them separate.
MR. JONES. Q. Do the men take the potatoes to the public-house, or does the publican fetch them? A. He fetches them at a certain hour, and brings them at twelve o'clock—he brings beer and bread and cheese, or any thing they want—the men always dine in the warehouse—they are not allowed to go out—they cannot go out without a pass—I could as well go from this bar as from the warehouse.
COURT. Q. That is, if the gate-keeper is at his post? A. There are two or three gate-keepers, and inspectors to look after the gate-keepers—it is impossible to get out without an order signed by the foreman.
MR. KEENE. Q. If you saw a man out, you would not believe your own eyes? A. How can I see a man out, when I cannot get out myself?—I am assistant to Mr. Booley—I have no definite number of men to inspect-sometimes ten or twenty, and sometimes 100 or 150.
JOHN DAY . I am a labourer in Crutched-friars warehouse. I heard of this charge against Warren on Friday, the 14th of this month—this day week—he was not at the warehouse the day before that, Thursday—he was on
Wednesday—I saw him there just at eight o'clock in the morning, or a quarter before eight—I do not recollect seeing him the last thing before we left—the last time I recollect was about three o'clock—I might see him after—I am quite sure it was on Wednesday I saw him—I dined there at twelve o'clock that day, and he got his dinner there—I saw him.
COURT. Q. Did you see him on the Tuesday? A. Yes, and Monday—I do not recollect whether I saw him on Saturday—I saw him every day—I cannot recollect particularly, but I recollect those two days previously, by being appointed to work at a particular job, at the leads of the chests—I particularly recollect him on Wednesday, and particularly in the middle of the day—I dined very close to him.
ROBERT FINCH . I am a labourer in the Crutched-friars warehouse. I know Warren—I have dined with him several times—the last time was on Wednesday, the 12th of September—I am certain of the day—it was from twelve o'clock to twenty minutes after—I do not know how far it is from Whitecross-street—I saw him in the yard about a quarter to eight o'clock in the morning, previous to being called, and he came to me after one o'clock, and assisted me at a delivery—I can say he was there from twelve till one o'clock.
MR. KEENE. Q. How do you recollect the day? A. The day previous to this he came with his best hat on, and I joked him on Wednesday morning about it; and I recollect he came to assist us when he ought to have looked after another part of his business, and he was scolded for neglecting his duty.
NOT GUILTY .
NEW COURT.—Friday, September 21st, 1838.
Sixth Jury, before Mr. Common Sergeant.
MARY ANN RICE . I am the wife of Edward Rice. On the morning of the 15th of September I got drunk, and was locked up in the station-house at Bow-street—I had then a half-crown, one shilling, and twopence half-penny—I awoke about six o'clock in the morning, and found the money all right—I put it in two papers, and laid it down by the side of me on the board—the prisoner, who was locked up with me, came and took the papers away—on e had the silver and the other the copper—I saw her do it, and asked her to give them to me, but she would not—when she came into the yard, I had her searched, and the money was found on her.
Cross-examined by MR. DOANE. Q. Did you give notice immediately to the police that you were robbed? A. I asked her for it, and she refused to give it me—I did not cry out for the police to come in—my husband supports me—he is conductor to one of Alexander's omnibuses—it was wrong of me to be out drunk at three o'clock in the morning, but I had been to a friend who lives close by Portman-place—I took the money out of my bosom, and laid it on the board—the prisoner walked across the cell and took it—I live in New-street, Chiswell-street.
NOT GUILTY .
CHARLES STUDZINSKI (through an interpreter.) On the 6th of September I put my coat on a table in a public-house, between seven and eight o'clock, and lost it. This is it-(looking at it)—I did not see the prisoner.
ROBERT ZOTTO . I live in Broad-street, Golden-square. A little alter seven o'clock, on the night of the 6th of September, I was passing up Port-and-street, I saw the prisoner turn her back, and put something up her clothes—I kept her in view till she dropped the parcel—I followed her some distance, and gave her in charge—the policeman took up the parcel—it proved to be this coat.
Prisoner's Defence. I was outside the public-house—a woman gave me the bundle, and told me to take it—I was not in the house at all.
GUILTY .* Aged 48.— Transported for Seven Years.
PATRICK BROWN . On Sunday, the 16th of September, about three o'clock, I was coming home, and met the prisoner in Holborn—she asked me to go to her lodging—I said I would not—she then put her hand into my breeches, and took out 7s. 3d., and 2 farthings—I had a half-crown, three shillings, one sixpence, and the rest in copper—I held her till the policeman arrived.
Prisoner. I had seven shillings—I put it into my bosom—I met this fellow, and he said, "Come, and I will treat you"—I said, "I want no treat"—he said, "Stop, I will treat you"—he stood talking, and then said, "You have robbed me of my money"—I said, "What do you mean? I will stand here till the policeman comes"-and they took me to the watch-house-before the prosecutor went to the watch-house he said he had half a sovereign.
GUILTY .* Aged 25.— Transported for Ten Years.
THOMAS BLOSSETT . I am a constable of Covent Garden-market. I know a Person of the name of John Parker—I was in Covent Garden-market on the 13th of September—I saw the prisoner following Mr. Parker down the market several times, and then as he came to the centre row, I saw the prisoner go behind him and take this handkerchief (producing it) from his left-hand pocket—I took him.
(John Parker being called on his recognizance, did not appear.)
GUILTY .* Aged 18.— Transported for Ten Years.
HENRY PAYNE . I am coachman to Mr. Charles Barrow. I drove him to Euston-square, on the 3rd of September, and then took the coach to the coach-house—I left my livery-coat on the box while I went to my dinner, and when I came back it was gone—I gave information to the policeman—this is my coat-(looking at it.)
Prisoner. I hope you will have mercy on me—I had lain two nights in the fields with my children.
GUILTY . Aged 48.— Confined Three Months.
FREDERICK BENNETT . I live at Mr. William Gaines's, in Covent Garden-market. I was going down stairs, on the 5th of September, be tween eight and nine o'clock in the evening, and saw the prisoner put up his hand and take this bottle of pickles down—I ran after him and caught him at the corner of James-street, found them under his coat, and gave him in custody—this is my master's bottle.
Prisoner. I was walking along, and a boy came and pat it into my hands.
GUILTY . Aged 18.— Transported for Seven Years.
JAMES FRANKLIN . I keep a pawnbroker's shop in Tottenham Court road. On the 11th of September, the prisoner pledged an article-for two shillings—I put my hand into the till and by mistake I took out two so vereigns—I gave them to her and she went away—I knew where she lived by the direction on the duplicate—I went to her lodging, but she was not at home—a person waited for three hours, and when the prisoner came home she denied it—she had been in a public-house in the Rookery, and had changed one.
NOT GUILTY .
2209. ROBERT CASE and JOHN PRITCHARD were indicted for stealing, on the 11th of September, 11/2 bushel of oats, value 4s., the goods of Frederick Braithwaite and another, the masters of the said Robert Case.
WILLIAM BERRY . I am foreman to Mr. Frederick Braithwaite and an-other—they are engineers. Case was in their service as groom—on the 11th of September, about half-past one o'clock, I saw him at their stable-door—a cart came into the yard to take some dung out—I saw Case take a bag with something in it, and put it into the cart-Pritchard, who was the carman, began to load the cart, and Case pulled the long dung over the bag—I let them load the cart, and as it was going I stopped them—I asked Case what was in the bag he put in the cart—he said, nothing but a little hay-seed that he had shaken out—I called a man named Scanlan to get the dung off, and the sack felt like oats—I had it pulled out, and found in it about a bushel and a half of oats, which I believe were the property of Mr. Braithwaite and his partner-Pritchard said he must go to his father—I went after him, and in the meantime Case took the bag up stain and emptied the oats into the bin again—I followed him and asked him what he did that for, and he said, "The best way too"-Pritchard was so near to Case, when they were put into the cart, that he must have Ken it.
Cross-examined by MR. PAYNE. Q. Does not Pritchard drive for his father? A. I do not know—he was about four feet from Case when the sack was put in—he was at the side of the cart, putting the dung in—the cats appeared the same as my master's—I took a handful out, and looked at them, and I saw them turned into the bin-Case has been in my master's employ about twenty years—there was about a bushel and a half in the sack-Case said he had met Pritchard's father early in the morning, and he had promised to lend him the oats.
(Pritchard received a good character.)
CASE— GUILTY . Aged 38.
PRITCHARD— GUILTY . Aged 19.
Confined Six Months.
2210. CHRISTIAN SMITH was indicted for stealing, on the 20th of August, 10lbs. weight of cochineal, value 4l.; and 6lbs. weight of saffron, value 5l.; the goods of Charles Davey and another, his masters: and WILLIAM HUTCHINSON, alias Clift , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
MR. BODKIN conducted the Prosecution.
THOMAS STEVENS WHIPPS . I am sixteen years old. I was in the service of Messrs. Davey and M'Murdo, wholesale drug-merchants, in Gould-square, Minories—the prisoner Smith was their porter—I live with my father, in Nicholl-street, Shoreditch—I first took things from my master's warehouse about six months ago—I was taken ill on a Wednesday, the latter end of August—it was the Wednesday before Smith was taken into custody-from the beginning of the six months till I was taken ill I took away goods from my masters' warehouse, about once or twice a week-Smith desired me to do so—I remember on one day taking some cochineal—I cannot say exactly what day it was-Smith desired me to do it, and I took about 10lbs. of it—I fetched it from the drying room, and put it into a canvas bag-Smith was at that time in the back yard of the premises, washing bottles—when I had got the cochineal into the bag I gave it to Smith—he kept it till the evening,
I believe, in the magnesia room, and gave it me to take to the prisoner Clift, about seven o'clock-Smith called him Hutchinson-Smith told me to take it out, and give it to Hutchinson—I went out, and found Clift at the comer of John-street—he was not far from my master's premises—I had seen Clift five or six times before—I had seen him with Smith-Clift used to come and meet me about dinner-time, and once or twice he met me at the same place in the evening-Clift did not give me any money when I took him the cochineal—he had before asked me to get him some things, unknown to Smith—I said, no, I would not get him any thing, unknown to Smith—he said he would give me the same price as he did Smith, and then I should not have to share half with him, but I should have as much again as Smith gave me—he said he would pay me on delivery, if I would get him things unknown to Smith—on the day I took Clit the cochineal he did not give me any money, but said he would pay Smith—no charge had been made against me, or any proceedings taken, before the Wednesday on which I was taken ill, and on that day I voluntarily made a statement to my father—I then went before the Justice, and was examined as a witness on the Saturday.
Cross-examined by MR. PAYNE. Q. Did you ever accuse a person of the name of Sharpe of any transaction with you? A. I did, of receiving some Tonquin beans from Smith.
Cross-examined by MR. DOANE. Q. When were you taken ill? A. In the night of Tuesday, or early on Wednesday morning—I told my father on Wednesday—it was the things I had bought with the money got for these things which made me ill—I did not keep ray bed—I could walk about the room—I was very bad in my bowels—my father is a boot and shoemaker—he does not keep a shop—he lives in Nicholl-street, shore ditch—I sleep there every night—I had never unburdened my consciencs to my father till that Wednesday—I had never told my master what was going on—I took the cochineal about the middle of August.
THOMAS LANAGAN . I am turned of fourteen years of age. I live with my father in Phillip-lane—I am errand boy to Messrs. Davey and M'Murdo. On Saturday evening, the 1st of September, I saw the prisoner Clift in Crutched-friars—I had seen him before in a public-house with Thomas Whipps-Clift came right in front of me, and called out to the other lads, and then he said he thought I was Thomas—he asked me which way I was going—I said I was going home—he asked me whether Thomas was come out—I said, "Yes, some time"—I asked him what he wanted with him—he said he had got a ticket for the play—he then said he had been in a public-house, and he had heard a man say there was a robbery at Davey and M'Murdo's—that he asked him if he knew any thing about it, and he said "No"—he asked me if I knew any thing about it—I said "No"-Clift then said the man's name was Smith—I said, "Surely it is not Smith"-Clift then said he thought it very strange that I should be in such a firm and not know there was a robbery—he then walked; with me some distance and said, "I dare say you are an acute lad, do you go to that public-house for your dinner?"—I said "No, I go where I like"—he then said, "Between you and I, I want an article at present"—he mentioned the name of it, but I do not know what it was—he then asked what capacity I was in in the firm—I said, "The same as Thomas"—he said "Between you and I, if any thing should be done, you would not let any one know it, not let Thomas know it"—I said, "No"—he then said
"Hot are you off for opium?" I said we had about two cwt.—he said, "How are you off for saffron?" I said we had about four cwt—he then said, "How are you off for Tonquin beans?" I said we always kept a good stock of them—he then said, "Out of two cwt. of opium, you could take about thirty pounds"—I said, "How?"—"Oh," he said, "put some into your pockets, some on your groin, and some under your arms, and bring it out by degrees"—he then said I could bring about ten pounds of saffron, and I could bring some Tonquin beans, and when it came to 6l. worth, he would wrap it in a bit of paper, advertise it, and offer 6l. reward, and I should take it to him and receive the 6l.—I asked him what price he would give me—he said, the same as Tom—that was 2s. for opium, and 2s. for saffron—he did not mention the price for Tonquin beans—I said, "Two shillings for opium that is worth a guinea a pound?"—he said 2s. was what he gave Tom, but he would give me 3s. for opium and saffron, 5l. 4s. a cwt. for Tonquin beans, and I was to meet him at the public-house in Duke-street, with as many articles as I could get him—I told him I would talk to him on Monday-(this was on Saturday)—I was going to leave him, and he offered me 6d.—I said I would not take it then; I would take it on Monday—he wished me to take it and drink his health—I said, "No"—he said, "Come and have a pint of beer"—I said, "Then you can give me the prices what you will give me"—we went into the public-house, and he wrote down on this paper, (reads,)"3s. for opium, 3S. for saffron, and 5l. 4s. a cwt for Tonquin beans"—he wished me to drink, and I put it to my lips, but would not swallow any—he wished me to finish it—I said, "No," it was bad—I asked him how he first came to know Tom—he said he was sleeping with a girl at his house, and then he said, "If you must know, I keep a b-y-house"—I then said, "Perhaps you can get us a girl?" on purpose to find out where he lived—he said, "That could be done;" where could he meet me on Sunday—I told him I bad some business to attend to—he said, "Could you meet me at the Half-way House, Commercial-road, on Sunday evening?"—I said, "Yes," and with that I left him—I went home and told my father, who took me to the foreman, and he to to the inspector—I met Clift on Sunday at the Half-way Houses—he was talking to a young man—I went and shook hands with him—he said." Excuse me for a few minutes"—he went and spoke to the man, and then he came to me, and walked down the road with me—he said he had been talking to Poll about me—I said I had no money—he asked how much I had—I said, "A penny; that is all I am allowed"—he said, "Come on," and he took me down the road, and turned off down a turning to the right—he told me to stop there, and he would talk to some young women who were there—I heard one young woman say to him, "That can be done," and the young woman went into a house-Clift followed her, and they called me in-(the officer had desired me to go wherever Clift took me)—I went in, and sat down—I saw Clift give a shilling to another woman, and she went out—I came away, and made an appointment to see clift again on the Monday, about one o'clock, with some opium, corrosive-sublimate, ginger, and nutmegs—I mentioned that to the officer and to Mr. Davey, my master, and on Monday I was furnished with some opium. which was marked—I carried it to the place where I was to meet Clift—he ran up to me, and I said, "Take the opium"—he said, "Don't you be seen with me"—the officer then took him.
ALFRED LANAGAN . I am the brother of Thomas Lanagan. I remember his coming home, and making a statement—I went with him to the officer on the Sunday evening, and my father went to Mr. Davey's—I was present when Clift was taken—I saw my brother with him.
GEORGE TEAKLE (police-sergeant H 8.) At the latter end of August I watched the warehouse of Messrs. Davey and M'Murdo, and on the way from there to the prisoner Smith's house, I saw Smith leave his work several times—I noticed that on his way home he appeared very bulky about his pockets, and on his return he appeared quite empty—I went afterwards to his house, and searched it—I found in a box on the first floor, where I ascertained he lodged, a variety of articles—I afterwards received information from the boy Lanagan—I gave him directions, and followed him—he acted according to my directions—I saw him meet Clift, and I then took Clift into custody—he attempted to knock me down—I took charge of the opium which he had, and have it here—I have not been to Clift's house, but I know prostitutes live there.
CHARLES DAVEY . I am in partnership with Mr. M'Murdo—I have no other partner. About the 1st of September I saw Whipp's father, and received a communication from him, which led to my receiving a statement from the boy—I had not at that time made any charge against Whipps—I have looked to my stock since that, and found a deficiency of several things—I have missed opium and saffron—the cochineal I have not trial—we have a large quantity of that-three or four cwt-Lanagan commnicated to me what had happened.
SMITH— GUILTY . Aged 36.— Transported for Seven Years.
HUTCHINSON— GUILTY . Aged 34.— Transported for Fourteen Years.
(There were two other indictments against the prisoners.)
2211. WILLIAM WILDESM was indicted for stealing, on the 9th of September, 110lbs. weight of lead, value 16s., the goods of James Scott Bowerbank, and fixed to a certain building; and GEORGE BRANCH , for feloniously receiving the same, well knowing it to have been stolen against the Statute, &c.
JAMES SCOTT BOWERBANK . I have a distillery in Sun-street, Bishopsgate. On the morning of the 9th of September, when I went to the distillery, the tiles had been removed from the western gutter, and an ascending I found a great portion of the leaden gutter had been removed—it has taken about 4cwt. to repair the mischief done—I have seen the lead now produced, and compared it with the lead which remains in the gutter—it corresponds with it exactly—I know this to be the lead I lost.
Cross-examined by MR. DOANE. Q. Do you sleep on the premises? A. No—I am in partnership with my father and brother.
THOMAS LOCKET . I am foreman to Messrs. Chuck and Co., of Norton Falgate, lead-merchants. On Monday morning, the 9th of September, about ten o'clock, the prisoner Branch came to our warehouse with another man, who brought a piece of lead in a basket—I opened it, and asked who it belonged to-Branch said it did not belong to him, but to the other
man, who had brought it-(the other man was then gone)—I told him I could not buy it-Branch said he had not bought it; it belonged to the other man, and he would send him for it—he went away, and sent Wildes for it-(Wildes was not the man who brought it)-Wildes took the lead away—I believe it was this lead-(looking at it.)
Cross-examined. Q. Did not Branch say, "He offered it to me for sale lint, and I refused to buy it, and brought it here, thinking if you would buy it I might do so myself?" A. Yes.
CHARES M'CARTHY (police-constable H 22.) I received information, and followed Wildes to Spital-square—I stopped him there, and asked what he had got—he said lead—I said he must go to the station-house—he said if I would go to Branch's house I should find it all right—I said I must take him to the station-house—I took him there, and then went to Branch's house, but he was not to be found—I met Branch the same evening—he said he knew nothing of the lead, but the parties brought it to him to buy.
Wildes's Defence. I was looking into Mr. Branch's shop, and he said, "Are you willing to earn 6d.?"—I said, "Yes"—he said, "Go and fetch some lead from Spital-square"—I went there, and saw a man coming up a yard—I said, "Is there any lead here belonging to Mr. Branch?"—he said, "There has been some left here by a man"—he helped it on my head—I was going on to Mr. Branch's, and the officer took me—I said it was Mr. Branch's—the officer said he had had Mr. Branch two or three times, and if I did not mind, he would shove it all on my shoulders.
Branch's Defence. Wildes brought it to my house, with another man, who has escaped.
NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
JOHN GEORGE . I am a Thames police-constable, in the employ of the East and West India Docks. On the 15th of September, about half-past one o'clock, I stopped Thomas Storey at the Export entrance of the Eastern Dock, and found in his hat these four silver spoons-(producing them)—he said he found them, and then, after hesitating some time, he said his father gave them to him-his father (the other prisoner) was then brought to me—I then asked Thomas Storey, whether his father gave them to him—he said he did-his father hesitated, and Thomas Storey said, "It is no use telling an untruth, you gave them to me, father"—the father denied it—I went to John Storey's lodging, in Pell-street—he only occupies one room—I found Margaret Storey there—she went to a box, and took out some-thing, and put it under her apron—I stopped her, and found on her, two more silver spoons concealed under her apron.
JOHN STRUTT . I am foreman of the baggage warehouse, in the East and West India Docks. The prisoner, John Storey, has been employed as an extra labourer in the baggage warehouse, four or five months-Thomas storey had worked there for a few days, but not at the time of this theft-Roebuck made a communication to me on the 15th of September, and searched John Storey in my presence, but nothing was found on him—I
searched the packages in the baggage warehouse, and one box had been broken open, which was directed to Captain Templar—it contained a number of pieces of plate, and I missed from it six silver spoons—there were other articles of plate in the box, which had precisely the same crest on as these spoons have—I have some of the other spoons here from the box.
John Storey. Q. Did T not tell you three months ago that there was a box opened in the warehouse? A. No, never.
Thomas Storey. My father told me to call on him, and he gave me a parcel in a paper—I did not know what it contained till I got to the gate.
JOHN STRUTT re-examined. Thomas Storey could not have got to his father in the warehouse without ray knowledge—the father could have gone out of the warehouse—there were about six more men at work in that same warehouse—they could all have gone out.
NOT GUILTY .
2213. JOHN STOREY was again indicted for stealing, on the 14th of September, 2 spoons, value 1l. 10s., the goods of the East and West India Dock Company, his masters; and MARGARET STOREY , for feloniously receiving the same, well knowing them to have been stolen.
JOHN GEORGE . I went to search the prisoner's room, in Pell-street, I saw Margaret Storey take two spoons from a box, and I took them from her—I believe she is the wife of the other prisoner, John Storey—he gave no account of how he became possessed of them.
JOHN STRUTT . The prisoner, John Storey, had access to the place where these spoons were, in the warehouse of the East and West India Docks—I found a box broken open there—I found spoons in the box, exactly corresponding in crest, and other particulars, with these two spoons—the box had been seen safe about a week before these two spoons were found at the prisoner's.
JOHN STOREY— GUILTY . Aged 50.— Transported for Seven Years.
MARGARET STOREY— NOT GUILTY .
GEORGE SAINSBURY . Between twelve and one o'clock, on the 16th of September, I went to sleep in the fields, at Barnsbury-park, Islington, I had three half-crowns, and twopence, in my pocket—I was awoke, and missed my money—I went to the prisoner, and charged her with it—she said she had not got it—I followed her, and saw her drop ray purse down, it had two penny pieces in it, but the half-crowns were gone—I asked her whether she had got them—she said, "No"—the gentleman who spoke to me said, "I saw your hand in his pocket twice"—she said, "No"—the gentleman said, "If you do not give it up, we will give you in charge"-as we were going to the watch-house, she pulled out the three half-crowns, and offered them me—I would not take them.
Prisoner. I was sitting down, and you came and gave them to me. Witness. No, I did not; what should I for?
WIILIAM SHELL (police-constable N 35.) I saw the prisoner offer the three half-crowns to the prosecutor—she asked me if she could do so, and whether it would be too late—she and the prosecutor were both sober.
GUILTY .* Aged 29.— Transported for Ten Years.
2215. HENRY BROWN was indicted for stealing, on the 14th of September, 16 yards of calico, value 9s. 8d.; 10 yards of merino, value 1l. 7s.; 4 years of linen cloth, value 5s.; 5 pairs of stockings, value 5s.; 3 handkerchiefs, value 3s.; and 34 yards of printed cotton, value 1l. 8s.; the goods of Henry John Fothergill, from the person of Henry Thomas Fothergill.
ROSINA FOTHERGILL . I am the wife of Henry John Fothergill, of St. John's lane, Clerk en well. On the 14th of September, at a quarter before nine o'clock, I and my little boy were going along St. John-street—he had a bundle containing the property stated on his shoulder, and wad robbed of it—the prisoner and the property were soon after produced to me—this is my husband's property-(looking at it.)
HENRY THOMAS FOTHERGILL . I was carrying the property with my Dottier—the prisoner took it from me—I have no doubt he is the person—I cried "Stop thief," and ran after him-some person put their foot out and threw me down—the prisoner ran away, and they set a dog to keep me down—I hollowed out, and a gentleman came and knocked the dog" down—I ran after the prisoner and he was caught—I am sure he is the man that took it from me.
JOHN STAFF . I live in Castle-street, Whitechapel. I saw the prisoner running in St. John-street, and collared him—I kept him till the little boy came op, aims delivered him to the policeman—I went back, and found this bundle in another person's hand, who saw the prisoner throw it down.
Prisoner. I was going to get something for my supper—I heard a cry of "Stop thief." and ran like other people—this man stopped me—he said I had better stop till the people came up, and I did.
GUILTY .* Aged 25.— Transported for Ten Years.
JAMES STEVENS . I live in Brickmakers'-row, Shepherd's-bush. I was it work in a lane on the 14th of September, and placed my coat and smock-frock on the ground at a quarter before nine o'clock—I missed them about ten o'clock—this is my smock-frock, and this is part of my coat-(looking at them.)
Cross-examined by MR. PAYNE. Q. Where had you left them? A. On a land of turnips where I was at work—I suppose it is a mile and a quarter from Mr. Bolton's shop.
WILLIAM WATSON . I live near Shepherd's-bush. I saw the three prisoners, and two others with them, about half-past nine o'clock that morning-Gibbs had a coat in his hand, and one of the others had something white,
supposed to be the smock-frock, and another had a sack on his back—I saw the prisoners again that day at the station.
Cross-examined. Q. Which had the sack? A. Wallace—I think there were bones in it—the prosecutor left his property in Mr. Payne's fields, which is a hundred yards from where I saw the five persons together.
GEORGE LOW (police-constable T 50.) I received information, and went to Hammersmith—I saw the prisoners there, going off in a boat—I stepped into the water, and stopped the boat—I took the prisoners to the station—I then went after two others of whom I had received information—the prisoners said they had been boneing and ragging in the fields.
Cross-examined. Q. Was there one of them in the boat? A. Yes and the other two close by—on e was coming down the steps, and the other was trying to get into the boat.
RICHARD HANCOCK (police-sergeant T 10.) I was at the station, and searched Pethard, and found three buttons on him—I returned them to him—I received information afterwards, and went and asked him for them—he said he had none—I said, "Yes, you have"—I turned to the water closet, and there they were—these are the buttons.
JAMES STEVENS re-examined. I know these buttons—this one is marked "Latimer," with the sign of the cross—I took it off a Latimer cost, and sewed it on the coat I lost, myself—these are pieces of the coat.
(Wallace received a good character.)
GIBBS*— GUILTY . Aged 19.
Transported for Seven Years.
PETHARD*— GUILTY . Aged 19.
WALLACE— GUILTY . Aged 18.
Confined Six Days.
ROGER PARTRIDGE . I live in Thayer-street, Marylebone, and am a saddler. I lost a saddle from my door—I saw it safe on the rails outside about nine o'clock in the morning, on Saturday, the 8th of September, and missed it on the Monday evening—this is my saddle-(looking at it)-found it at Mr. Harvey's, in Lisle-street.
Cross-examined by MR. PAYNE. Q. How many persons have you in your employ? A. Two—we take our goods in every night, but I do not count them—I did not miss this saddle on Saturday night—I know this saddle, for I made it myself—I had not sold it.
JOHN HARVEY . I live in Lisle-street. On Sunday morning, the 9th of September, Fox called on me, and said a groom, who had just come from France, had a saddle to sell—I went and saw the saddle on a peg in Mr. Collins's stable—the prisoner was standing there-Fox showed this saddle to me, and I bought it for 15s.—I should have sold it for 45s., I dare say, but it is not complete.
WILLIAM FOX . I live in Monmouth-court, Pall Mall East, and am stable-man. On Saturday, the 8th of September, Samuel Losby spoke to me—I went to Mr. Harvey—he came with me to look at the saddle, and told me to tell the prisoner he would give 15s. for it—I told the prisoner
that, and He said Mr. Harvey might have it—I asked the prisoner whose It was and he said it was his own—Mr. Harvey had not got the money with him—I took the saddle to his place, and he gave me the money—I took it to the prisoner, and he gave me a shilling.
Cross-examined. Q. Did you not think it was worth more than 15s.? A. I had nothing to do with selling it—Mr. Harvey said he would give 15s. for it.
GUILTY . Aged 19.— Confined Three Months.
2218. JAMES WORT was indicted for stealing, on the 14th of September, 1 bed, value 3l.; 1 holster, value 10s.; 1 pillow, value 3s.; 2 Wets, value 1s.; 2 sheets, value 2s.; 1 bed-cover, value 4s.; 1 set of bed-furniture, value 10s.; and 1 table-cover, value 4s.; the goods of William Rutherford.
SARAH RUTHERFORD . I am the wife of William Rutherford-be lives in Upper Rathbone-place. The prisoner lodged with me in a furnished room—I went to that room on the 14th of September, and the property stated was all gone.
Primer. There was only one blanket when I took the room. Witness. There were two—I have got one—the other is missing.
SAMUEL WOOD . I am a shoemaker, and live in. Upper Rathbone-place. I was getting up at six o'clock in the morning, on the 14th of September, and saw the prisoner going out of Mr. Rutherford's door, with a bed.
Prisoner. Q. What was the reason you did not stop me? A. I did not bow I had a right to do so.
THOMAS MANSELL . I am shopman to a pawnbroker in Hampstead-road I produce a blanket which was taken in by Mr. Wells, ray employer, and this other duplicate produced by the officer corresponds with it.
(Property produced and sworn to.)
Prisoner's Defence. The landlady's son was in my room several times, and went out with me—he sat and smoked in my room on the Wednesday—we went out, and did not return till past four o'clock on the Thursday morning—I went out again on Thursday at half-past one o'clock, and did not return till the Friday morning, and as soon as I entered my room, I saw my bedstead stripped—I opened my table-drawer, took out my pocket book with my duplicates, and put it into my hat—I then went to speak to my landlord, and he gave me in charge—I had suspicions pf persons going into my room while I was out, and I put a piece of paper into the crack of the door, and when I went in I found the paper a yard from the door.
GUILTY . Aced 22.— Confined Six Months.
On Saturday evening, the 15th of September, I left my tools in a cupboard in a coffee-shop near the West India Docks—I went for them on Tuesday, and an adze, a trowel, and a stave-iron, were missing—these are mine-(looking at them.)
THOMAS SQUIRE (police-constable K 282.) I apprehended the prisoner—he said, "I and Barker were in the Commercial-road, and a man came and gave us the tools"—he said he did not know the man's name, nor where he lived—he said Barker pawned his tools at Vesper's, and he at walker's.
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined Three Months.
Prisoner's Defence. I went to work that morning, and Paggett helped me to do a little work—we then went down the road, and met West and another man—they said they had been to work at the Docks', and as they did not intend to work there any more this season, they wanted some money to go into the country; and West said if I would pawn these tooks for him he would give me some beer.
GUILTY . Aged 24.— Confined Three Months.
2221. WILLIAM JONES, JAMES WOOD , and WILLIAM EMERY , were indicted for stealing, on the 18th of September, I bag value 1d.; 5 shillings, 1 sixpence, and 6d. in copper; the goods and monies of Daniel Cremer, from the person of Ann Cremer.
ANN CREMER . I am the wife of Daniel Cremer. I was in Covent-garden on the morning of the 18th of September, about seven o'clock—I had 5s. 6d. in my pocket, and a number of duplicates—a gentleman touched me, and asked if I had lost any thing—I felt, and I had not thing left in my pocket—this is my property-(looking at it)—my husband has been ill two months—I have four children to keep—when I turned, the prisoner Jones kicked me in the eye, and gave me a black eye—he was getting from the gentleman, and I laid hold of him.
THOMAS BLOSSETT . I am a constable of Covent-garden market. On the morning of the 18th of September I saw the three prisoners in the market—I saw Wood attempt several women's pockets, while the others were covering him—they then went to the prosecutrix-Wood got his hand into her pocket, and took out something—I could not tell what—the other two were standing by the side of the woman, covering wood—I went after the policeman, and took Jones—he threw himself down, and kicked me several times in the breast—he had the property, and he threw it away—I saw Wood pass it over to him—this is the bag and money.
Jones's Defence. I was going home, a gentleman came and laid hold of me; he nearly strangled me, and the woman came and took hold of the tail of my coat—I cannot tell whether I kicked her or not.
Wood. I never saw either of these boys before.
JONES*— GUILTY . Aged 22.— Transported for Ten Years.
WOOD— GUILTY . Aged 18.
EMERY— GUILTY . Aged 18.
Confined One Year.
GUILTY .—Aged 26. Confined One Year.
GUILTY . Aged 30.— Confined One Year.
Fifth Jury, before Mr. Sergeant Arabin.
GUILTY .— Confined 18 Months.
NOT GUILTY .
GUILTY . Aged 34.— Confined One Year.
2227. RICHARD WILD , was indicted for feloniously assaulting and wounding John Potts, with intent to murder him.-2nd and 3rd COUNTS, stating his intent to be to maim and disable, or to do him some grievous bodily harm.
MR. PAYNE conducted the Prosecution.
JOHN POTTS . I get my living in the street, by selling mats or fish, or any thing. Yesterday fortnight I was in the New-road, Whitechapel—I had some mats on my head—the prisoner, was with me, and Mr. Matthews—my wife came up to me at the time, and we we were all larking together—I knew the prisoner before, by his selling things in the street—I fell down with my mats on my head—the mats fell—I stooped to pick. then up—they fell off my head again on the prisoner's basket—the prisoner stooped, took something out of his basket, and shoved it into my breast directly, and I fell down upon the ground—he had stabbed me with his eel-knife—I did not bear him say any thing then—he had said, about ten minutes before, that if we played any more larks he would put the knife the first person that came near him—he generally carries
knives to cut the eels with—they are very sharp-pointed—the wound was just in my stomach—it bled a little.
SARAH POTTS . I am the wife of John Potts, and live in King Edward street, Mile-end—on the 6th of September, my husband was out drinking with the prisoner—I went to look for him, and found him in the New-road, about eight o'clock in the evening—the prisoner and three more were round him—my husband's mats were on the ground, he stooped to pick them up and put them on his head, and they fell off into the prisoner's basket—the prisoner stooped and picked something out of the basket, and said "I will put it into you"—he reached past me, and then put it into my husband's breast—my husband fell against the rails, and then on the ground—I opened his shirt, and saw the blood—I told a boy to fetch a policeman, and I gave him in charge—the prisoner made use of as oath when he put the knife into my husband, but I cannot say what.
COURT. Q. Did it appear that they were larking? A. Not where I came up—my husband and the prisoner were the worse for liquor, but not very drunk.
JOHN ROUTLIDGE . I am a coster-monger, and live in Spring-garden I went with Potts's wife to look for him, and found him in the New-road—the prisoner and three others were with him—Mrs. Potts began to blow her husband up for stopping out—I saw some mats fall off his head into the prisoner's basket—the prisoner stooped down towards the basket, picked something up, and said, "I will put this into you"—he had no sooner said that word than he gave him a blow in the chest-Potts fell, and said, "I am murdered"—I saw the blood, and I went for the policeman.
WILLIAM NELSON . I am in the employ of Mr. Greenwood, who keeps a coal-shed in William-street, Commercial-road—I saw the prosecutor lying down bleeding—I had a basket given to me—I put it into our, shed—I the policeman came to the shed about two hours after, and I gave him the basket—he looked into it, and took two knives out.
ABIA BOTFOY (police-constable K 140.) I was in the Commercial-road and was fetched. I saw the prosecutor lying against a railing—the prisoner was standing about five yards from him, and the basket was about five yards from the prisoner—I told him I should take him for stabbing the man—he said "Very well, don't collar me"—I went to the coal-shed about nine o'clock the same evening, and examined the basket—I saw two knives very pointed—I have them here—on the bottom of the smaller one there is blood about three-quarters of an inch from the point—it appeared to be fresh—the prisoner was drunk, and so was the prosecutor.
COURT. Q. Does the prisoner sell fish about the street? A. Yes—this is such a knife as he would have in his trade, to skin the eels with—they are generally in the baskets.
ROBERT HOULCROFT WILSON . I was house-surgeon at the London Hospital on the 6th of September—the prosecutor was brought in—he had a wound on his chest, between the fifth and sixth ribs, not quite three-quarters of an inch deep, and not half an inch long—he was not sober-his life was in danger, in consequence of the delicate organs the knife came in contact with.
GUILTY on the Third Count— Confined One Year.
MARIA LOUISA WEST . I am single. I have four sisters—the prisoner is my brother—he is a sailor, and was living with me—on the 17th of September I met him in Ratcliffe-highway, and a friend of his—he liked me to go to my sister's at Peckham to get their notes cashed—my brother said he had got a ship, and these were their notes—I did not put my name to the hack of it—I afterwards found all was not right, and my sister spoke to the prisoner, and asked him if he was going—he said he was going in the ship He be, and then she asked why he did not get his clothes—he laid it was all fudge, and we might give him in charge—this is the bill he gave me (looking at it)—my sister asked him what ship he belonged to, he said the ship Hebe—there is no such ship—I was not with My sister when she got the money—I went hunting for my brother, and found him in bad company.
MARY ANN DREW . I am a widow, and am sister of the prisoners. I was at Peckham on Monday the 17th of September, and my sister came to me about this bill—I returned to town, and I saw my brother the next morning—he asked me if I would go and get his note cashed—I said I would, when I had taken breakfast—I went to Mrs. Hamilton—she said she would cash it as soon as I had got my brother's name on it—I went and got him to put it on—the bill is for 2l. 15s., and I received 2l. 10s.—Mrs. Hamilton kept 5s. for doing it—this is the bill-(looking at it)- I gave the prisoner 2l. 10s., and he gave me 5s.—a man named Borrett was taken for uttering another note—when the prisoner went away with the money, he said he was going to get his clothes out of pledge, and should return in half an hour—I saw him go into a pawnbroker's shop, and I asked him if he was getting his things—he said he was—I wished to take them home, but he objected, and said he would bring them home—when he was gone, I went to the pawnbroker's, to ascertain if he had taken any things out, and then I went to the Commercial Dock to inquire if there was such a ship as he said there was-(I should have gone before, but Borrett objected to it)—I afterwards saw my brother in the Highway, in a state of intoxication, and he said it was all a fudge—I went to find J. Evans, No. 14, Lime-street, where the note is made payable—I could find no such person there—I could not find the ship, and there could be no master of it-No. 14, Lime-street, is the Grapes public-house, kept by a man of the name of Apple—I saw my brother write "Joseph West" on the back of this note.
ROBERT ROCHE (police-constable K 211.) On Tuesday last I was on duty in the Back-road, St. George's. I was called by the prisoner's sister—I went to her house, No. 8, China-place, and found the prisoner intoxicated, and sitting on a bed-Borrett was in the house at the time—he was taken last night for passing a similar bill to this—when I went in the prisoner struck at me with the shovel, and while I was depriving him of the shovel, Borrett got away—I took the prisoner to the station, and when I returned, Mrs. Drew gave me one sovereign And eight half-crowns, which she got out of her brother's pocket—I then went to Mrs. Hamilton, who gave me the note I now produce, and another—there is no such ship as the Hebe, and no John Evans in Lime-street.
THOMAS CUNNELL . I am a constable at the Commercial Dock, It is my duty to keep a register of all the ships which come in and go out—there is no such ship there as the Hebe, and has not been for the last two years—I know of no such ship trading to St. John's, New Brunswick-(note read)-"Advance note 2l. 15s.-17th September, 1838-Sir, three days after the ship Hebe sails from Gravesend, please to pay to Joseph West or bearer 2l. 15s., provided the said Joseph West has said as seaman in the said ship, on her intended voyage to St. John's, New Brunswick.-JOHN ARTIS, Master.-To JOHN EVANS, Esq., No. 14, Lime-street."
GUILTY . Aged 21.— Confined Two Years.
Before Mr. Sergeant Arabin.
MR. BODKIN conducted the Prosecution.
JOSEPH CHOAT . I am a fanner at Barking, in partnership with my brother. We occupy 500 acres of land there—the prisoner was in our employ, off and on, for eight or nine years. On Tuesday, the 28th of August, I saw him before seven o'clock in the morning—he was going to work, and came for some beer with another man—they were to have gone is work that day in a field-in the afternoon I went to the field, and found they had not done above an hour's work—they were both lying in the field, and his mate was asleep—the prisoner rose his head up, and I spoke to him about it, and told them they had both better go, and not left me see them any more, as they were of no use—I then left him, and I did not see him again that day—on the following morning, about six o'clock, I heard something had happened to one of my calves—I went down to the cow-house with the man who came to give me the information, and found one calf with its throat cut—I found three or four men in the cow-house—I saw the prisoner there afterwards—I had been told something about a basket, and when I went in I said, "Where is the basket you told me of?"—the prisoner was behind the men, and said, "It is mine, master"—I said, "How came your basket here?"—he said, "I don't know, Bill must have brought it"-(he has a brother named William who worked on the farm)—I said, "How could Bill bring your basket when he is at work in the barn, and you ought to have been mowing in the field; it could not be Bill "—he said, "Master, you don't suspect I cut the calf?"—I said, "Why, I don't know, Joe, it looks very suspicious, your basket being in this cow-house"-left the cow-shed and went and spoke to my brother, and in consequence of what passed, went with my brother in search of the prisoner—we found him sitting down in a field in about a quarter of an hour, and his mate with him—I said, "Joe, you are the man that cut the calf's throat?" he said, "No, master, it aynt "—I said, "Never mind, get up and let me see"—he got up and I saw blood on his trowsers and on his smock—I said, "Look here, here is blood about you"—he said that was through his
nose bleeding—my brother said, "Joe, where is your knife?"—he showed him a small knife—he said, "This, I think, is not the knife that could do it, you must have another; get up and I will search you"—the prisoner said he might do so—he did not search him—I desired the prisoner to go with me—I took him to my house, and left him in charge of my men, and went for an officer, who took him.
COURT. Q. When your brother said, "I think you have another knife," did he make any answer? A. He said he had not—I am sure of that—the calf was ten or eleven weeks old—it was a fatted calf—there was a small hole in the windpipe, and it became necessary to kill it.
JOHN HUNT . I am cowman to Messrs. Choat On the Tuesday night before this happened I remember leaving the calf in the cow-yard about nine o'clock—I know the prisoner's brother Bill—he was at work in the barn with me that night—I saw him leave his work about nine o'clock-before I left the cow-shed I shut the barn up, and he went right across the yard into the road—I saw him go off the cow-yard—I did not go into the cow-house myself that night—on the following morning I went to the cow-house about five o'clock—my son had got there before me—he showed me a basket in the cow-house—I noticed that a truss of straw which had been tied up the night before was opened and spread a little, as if somebody had slept there—it was untied—I fetched the cows into the field, and went to the calf-pen to fetch the calves, and found one had its throat cut-as I was leaving the cow-house I saw the prisoner walking in the cow-yard, about three or four yards from the door—I asked him what he was after—he said, "Me, I am looking for my brother Bill "-his brother had not come at that time—it was about half-past five—I do not know whether the prisoner went away or not, but I did not see him again till I saw him in the cow-house—on finding the calf cut, I went to master and brought him down to the cow-house—the prisoner was then there—I had told my son to take care of the basket which was found in the cow-house until I came back, and when I came back I saw the basket on the prisoner's shoulder-master asked him about it—I have heard his evidence—it is correct—the calf was obliged to be killed afterwards.
MR. CHOAT re-examined. Q. After what passed between you and the prisoner in the field in the afternoon, had he any business in the cow-yard next morning? A. No—I did not expect to see him there at all.
GEORGE HUNT . I am the son of the witness. I went to the cow-house about five o'clock in the morning, and found a basket in the cow-house up against a post—the calf-pen is about two yards from the cow-house—I noticed a truss of straw untied and littered about a little—that had been tied up the day before—my father came after me, and I told him what I had seen—he left the basket with me and went to fetch his master—the prisoner came into the cow-house with three more men—I told him there was basket—he said, "It is mine"—he took it and kept it till my father came in—the basket was not there the night before.
THOMAS COPPIN . I have been a butcher, and live at Dagenham in Essex. On Wednesday morning, the 9th of August, I was called into the prosecutor's cow-house, and found the calf with its throat cut about an inch cross ways, with a blunt or short pointed blade to enter—it was then ripped up about the length of my hand, and jagged and torn up-(looking at the knife found on the prisoner)—in my opinion this is the sort of knife that would make such a cut—there is no point to it.
morning I was informed of this by Mr. Choat—I went and examined the calf in the pen—I put my fist into the hole—there was a deal of blood about the pen—I went to the prisoner who was in charge of somebody at the house, and asked him how the blood came on his trowser and said I suspected him of cutting the calf—the blood was on the front part of his trowsers, and on examining further I found blood on his right shoe—these was also some on the right sleeve of his smock-frock—I said to him "Are you a right-handed man or a left?"—he said, "I am right-handed"—the blood on the sleeve appeared fresh—I first discovered the blood on the corner of the smock-frock, and afterwards found it had run up into the gathers—I said to him, "It is impossible this blood could come from the bleeding of your nose, or it would be on the upper part of your smock-frock"—it was quite fresh—there was no appearance of his having a bloody nose—I then said, "Where were you last night? I understood you were not at your lodging; where did you sleep? you were seen to come from the field last night with your victuals basket"—he said, "Yes, I had my basket, and I went to Mr. Gray's field with it; I went to sleep there, and when I awoke it was gone; how it came into the cow-house I can't say, I did not take it there, but it certainly is my basket"—on searching him I found this knife which I have produced—when I saw the blood on his sleeve I considered he must have held the calf, so that the blood would come on the right foot, and I found blood on his right foot—it had been rubbed to get it off the upper leather, but it was left on the sole under the nails—I could not observe any thing on the knife—I said to him, "You have been eating before I saw you this morning"—he said, "Yes"—I said, "What have you been eating?"—he said, "Beef," and the blade of the knife was greasy as if he had been cutting meat—the blood on the smock-frock must have spirted and flown very much.
GUILTY .* Aged 24.— Transported for Ten Years.
Before Mr. Recorder.
EDWARD CAETEE . I am a pawnbroker, and live in Bear-lane, Greenwich. I carry on business with my mother—the prisoner was an apprentice of my mother's—In consequence of information I received, I gave information to the police—I know this watch—I had seen it on my premise frequently—I had a piece of cloth—I cannot positively swear this is it—I had such a piece as this—this note (looking at one) is the prisoner's handwriting.
Cross-examined by MR. CHAMBERS. Q. What opportunities have you had of seeing the prisoner write? A. Almost every day—he has been with my mother three years and a half—this note is not such as he usually writes—it is disguised slightly, but I can swear to it-(read.)
"August 31, 1838.
save the rest till another time; and your watch and seal as well, but I could not send your chain, as your sister has not done it: it will be done by the time you come home—I have also sent you 10s. for pocket-money, it will last you till you come—I hope to see you on the 21st of September—they are all quite well at home. Good bye, God bless you. Be a good boy. I don't know whether you know the bearer I am going to send the parcel by: it is your uncle John."
Cross-examined. Q. How long before it was missed had you seen it? A. I had not seen it for two or three months-nobody but me and Mr. Carter sells in the shop—this is a pledged watch—it had been in the shop about two years—it used to hang in the window—I take care of the windows myself—the watches are left in the windows for three months.
WILLIAM COLLINGS (police-sergeant R 18.) In consequence of information, I went to Bromley on the 4th of this month—I saw the prisoner's mother—I got from her hand the watch, the piece of doth, and the note—I then went to the prosecutor's, and took the prisoner—I asked him whether this was the watch, the note, and piece of cloth that he had left with his mother, and stated to her that he had found them on the Sunday morning—he said, "Yes"—I asked him whether he knew the hand-writing of the note—he said, "No"—I asked where the 10s. was that was in the parcel—he said he had it, he went up-stairs and fetched it down-afterwards, in my hearing, at the station-house, he stated that the note was his own hand-writing.
Cross-examined. Q. When was that? A. When I took him to the station-house—that was before I was examined as a witness, I mentioned it, but the Magistrate's clerk said the writing was already sworn to, it was not necessary to take that down—the prisoner was Very silent when I showed him these things.
COURT. Q. How far does the mother live from where the prisoner was an apprentice? A. About six miles.
JURY to FRANCIS WASLEY. Q. What is the peculiarity of this watch? A. I never opened a watch that showed the works at the back before—we keep a book of the maker's name—this watch is there entered—a watch that shows at the back generally has another case, and there is no keyhole to this—it winds up on the works.
(John Jones, a tailor and draper, at Bromley; William Ingles, of Bromley;-Hall, tallow-chandler, at Bromley; and-Popplewell, a wholesale warehouseman, at St. Mary Axe, deposed to the prisoner's good character.)
GUILTY. Aged 17.—Recommended to mercy.- Judgment Respited.
Before Mr. Sergeant Arabin.
GUILTY .* Aged 14.— Transported for Seven Years.
2232. CATHERINE CONNER was indicted for stealing, on the 11th of September, 1 bag, value 1s.; 1 handkerchief, value 2s.; 1 pair of mittens, value 1s.; 1 purse, value 6d.; 1 half-crown, 13 shillings, and 16 pence; the goods and monies of John Bryan Courthope.
MART MITCHELL . I am servant to John-Bryan Courthope, at Black-heath. On the 11th of September this property was in the parlour-about one o'clock in the day the prisoner came to the kitchen-window, and asked if we wanted any fruit—I said, "No"—she immediately went round to the front of the house, and looked up to mistress's bed-room—I thought she was speaking to mistress at the window—she went away-about a quarter of an hour afterwards she came, again, and rang the bell at the front gate—I told her again we did not want any fruit—she had come to the gate the first time—the street-door was open the first time she came, and she could have got into the parlour—she had been to the house several times with fruit-mistress missed her bag some time after she was gone-(looking at it)—this is my mistress's reticule, and her handkerchief—I do not know what money was in it.
BENJAMIN LOVELL . I am a policeman. I had information of the robbery, and went and found the prisoner in Greenwich-park, in company with another one—I asked her if she had been to Mr. Courthope's house with pears that day—she said she had not—it was then about a quarter to three o'clock—I took her to the house, and she denied having been there then, until the lady and servant identified her—I found 16s. 6d. on her—the lady begged hard for her to be let go. I said, "I must take her;" and said, "You know you took it"—she said, "I did"—I asked her where the bag was—she took me out, and raked in a drain, and there was the reticule—she said she must have dropped the purse—the handkerchief was in the reticule.
GUILTY .* Aged 18.— Transported for Seven Years.
GUILTY . Aged 19.— Confined Three Months.
MARY BARHAM . I am the wife of Charles Barham, a tailor and salesman, at Lewisham. We had a velveteen jacket with pearl buttons hanging up with other things, on the 1st of September-somebody told me it was gone—we missed it—I gave information, and the constable overtook the prisoner with it—this is it-(looking at it)—I had seen it secure in the course of the morning.
GEORGE BARHAM . I am the prosecutor's brother. From information from last witness, I went in pursuit of the prisoner, and overtook him in the Kent-road with the jacket in his possession—I asked him where he got it—he said he had had it given to him—he did not tell me by whom.
GUILTY . Aged 19.— Confined Six Weeks.
Before Mr. Recorder.
2235. MATTHEW CUNNINGHAM and THOMAS BYRNE were indicted for stealing, on the 1st of September, 1 pair of shoes, value 7s.; 3 handkerchiefs, value 2s. 6d.; 4 shirts, value 12s.; 1 pair of gloves, value 6d.; and 4 pairs of stockings, value 3s.; the goods of George Weeks.
GEORGE WEEKS . I am an apprentice, as an engineer, in the service of the Queen, and belong to the William and Mary of Woolwich. On the 1st of September I went to the Dover Castle at Woolwich, between five and six o'clock in the evening—I put my bundle in front of the bar, on a bench, while I went up-stairs with two boxes—I came down in about ten minutes, and it was gone.
REBECCA JARVIS . I am a widow. I was on a visit at the Dover Castle, in Church-street, Greenwich, on the 1st of September I saw a bundle in front of the bar—the prisoners were there—they drank a little spirits, then called for another quartern, which they put into water, and sat down upon the bench where the bundle was—I saw Byrne move the bundle aside, and sit down where it had been—it was then between them both—I afterwards missed them and the bundle from the house-Weeks inquired for it—I saw nobody near it but the prisoners.
Cross-examined by MR. BALLANTINE. Q. Did Byrne sit down before the other prisoner? A. Yes, he did—he was not well—when he sat down he moved the bundle a little further on, to give him room—the other prisoners at down on the side of it afterwards.
Cunningham. We never sat down at all in the house. Witness. They both sat down, and stood the tumbler on the bench—they drank together.
Cunningham. We had been there all the week, when we wanted refreshments—we drank a quartern of rum—I went into the kitchen, and when I came out the bundle was by the bar—my fellow prisoner was gone away, and I took it, thinking it was his—she knows I was drunk. Witness. I think he was drunk—he had been drinking more than the other man.
ANN GARTHWAITE . My husband is a fisherman, we live in Fisher-lane, Greenwich. On the 1st of September, the prisoner Cunningham, who had lodged with me one week, came to me, about half-past six o'clock, with a bundle, which he said was his own, and he was going to pawn it—I said, "You silly man, I would never pawn it now, you have just got it out"—he said, "If you will lend me 2s. on it, I will not"—he threw it down, and I saw no more of him till he was in custody—he was not sober.
GEORGE HARRIS (police-constable R 158.) I was on duty in Church-street, Greenwich, on Saturday morning, the 1st of September, about half-past six o'clock, and received information—I went in search of two men described to me, and found Byrne at the door of the Dover Castle in about five minutes—I told him I wanted him for felony—on our way to the station-house, he said, "I saw my mate have a blue bundle, but did not know but what it was his"—I found Cunningham at another public-house—he said, "Byrne gave me the bundle, and I did not know but what it was his; if you will not lock me up, and go with me, I will show you where it is"—I took him to the station-house, and went and made inquiry—I received the bundle from Mrs. Garthwaite—he would not tell me where he lodged himself—the bundle contains the articles stated.
Cross-examined. Q. Did not Byrne say he knew nothing about it? A. Yes; that slipped my memory.
Cunningham. I throw myself on the mercy of the Court—it is the first time I ever did it.
(Property produced and sworn to.)
(The prisoners received good characters.)
CUNNINGHAM— GUILTY . Aged 28.—Recommended to mercy. Confined Three Months.
BYRNE— NOT GUILTY .
2236. MARY M'GEARY was indicted for stealing, on the 27th of August, 6lbs. weight of ham, value 4s., the goods of Abraham Hyde; and 1 pair of boots, value 8s., the goods of Robert Kersey; and that she had been previously convicted of felony.
PHCEBE HYDE . I am the wife of Abraham Hyde, of Church-street Deptford. We keep an eating-house—on the 27th of August we lost a piece of ham—Mrs. Allen came into the shop with the prisoner, and said she had taken the ham off the window—the prisoner put it on the counter—I asked her what made her take it—she said she wanted to buy a 1/4 lb.—it weighed 6lbs.—I had not missed it till Mrs. Allen came in.
Prisoner. Q. Did not I ask you for a 1/4 lb. before Mrs. Allen came in? A. No.
GEORGE DORSET . I am a policeman. The prisoner was given into my custody—I took her into Mr. Hyde's shop, and found in her lap a new pair of boots, a bit of pork, a tea-pot, and a new handkerchief—I asked where she got them—she said she had bought them—I found 5s. In her mouth.
Prisoner. Q. Was not I in the shop when you came in? A. No, about one hundred yards off, going away.
ROBERT KERSEY . I am a boot and shoe maker, and live in High-street, Deptford. These boots are mine—I lost them on the 27th of August from my shop, which is about half a mile from Hyde's—they were about four feet from the door.
ANN ALLEN . On Monday evening, the 27th of August, about sir o'clock, I went to my door, and saw the prisoner trying to conceal the ham under her cloak—I ran in to Mrs. Hyde, and told her, the prisoner came in and put it on the counter, saying she had taken it up to look at.
Prisoner's Defence. I did not take the ham away—I took it into the shop, and the witness followed me in—I asked the woman to cut me a 1/4 lb.—I shall get justice here; but the Magistrate at Deptford would not stop in the place to hear my case, as my child had the small-pox, and smelt so bad—it has died since, in the prison-as for the rest of the things, they are my own property.
ANN ALLEN re-examined. She had no child at the shop—I saw her take the ham out of the window, and conceal it under her cloak—when I went into the shop to tell Mrs. Hyde, she saw that I observed her, and followed me in.
PHCEBE HYDE re-examined. She did not ask me to cut any of the ham until after Mrs. Allen accused her, and she then said she wanted a 1/4 lb.—she was then going away, but the policeman stopped her—I had never seen her before.
her trial in January last—she is the person mentioned in the certificate-(read.)
GUILTY .* Aged 35.— Transported for Seven Years.
WILLIAM M'AVOY . I am a traveller. On the 19th of September I was at Lewisham—I went into a beer-shop there, and asked if they wanted any cloth—I showed the prisoner a piece—he said it was very good, and asked me the price—I said, "18d. a yard"—he told me to cut off four yards, which I did, to sell—he took it from my hand, and put it into his pocket—I waited some time, and asked him for the money—he said he would pay me on Friday or Saturday—I told him I could not trust him, and asked him for the cloth again—he said he would give me neither cloth nor money.
Primer. I said I had not money then-if he would trust me till Saturday.
NOT GUILTY .
Before Mr. Sergeant Arabin.
RICHARD LETT . I live at Greenwich, and sell fruit. I saw my basket safe in an out-house, on the 19th of September, at eleven o'clock, and afterwards missed it—this is it-(looking at it)—the prisoner is quite a stranger.
-EVANS. I am a policeman. I fell in with the prisoner about a quarter past twelve o'clock at night, at Greenwich, about a quarter of a mile from the prosecutor's, with the basket on his head—I asked him how he came by it—he said he had picked it up on the road.
Primer's Defence. I found it on the road—I told the policeman so.
GUILTY .*— Confined Six Months.
Before Mr. Sergeant Arabin.
EDWARD JENNINGS . I keep a shoemaker's shop, at Greenwich. On the 24th of August, I was putting my shoes on a stall in the market—I did not see any thing done—these are the shoes that were lost on the 24th of August—the sergeant brought them back to me.
Cross-examined by MR. JONES. Q. Are they new or second-hand? A. Second-hand—I gave 1s. 3d. for them—I bought them of a renovator—there is a 1 and a 6 on the bottom, and that is the mark—I have never been here before, nor in the other Court—I am a broker, and keep a clothes shop—I do not deal in marine stores—I never bought any goods that were stolen—I was never brought up in my for buying stolen goods—I was never charged with it, nor was my wife.
between four and five o'clock—she asked 9d. for them—I did not buy them—I kept them till the policeman received them from me—I suspected her, and my husband sent for the policeman.
NOT GUILTY .
GEORGE HENNESSY . I am a private in the Marines. On the 19th of August I went into the Ship and Billet, at Greenwich, and drank some beer—I had a pair of gloves, which I laid down there while I went out—when I returned in five minutes they were gone—I asked the prisoner, who was there, if he had taken them—he said, No, and had not seen them-two days afterwards I went to Greenwich again, and saw the prisoner in the tap-room—I asked him for them—he made use of very bad language, and said he had worn them out.
THOMAS COOK . I live at Woolwich, and am a labourer. The prisoner lent me these gloves to load some wheat with—I saw some letters on then—he said they were soldier's gloves, and the soldier had come for them, but he had not given them to him—he then said I should have them for a put of beer, which he owed me—these are the gloves.
(Property produced and sworn to.)
NOT GUILTY .
Before Mr. Recorder.
JAMES NEWMAN (police-constable L 36.) On Thursday, the 19th of July, I followed the prisoner in the Westminster-bridge-road—he went down the New-cut, made a stop at Mr. Lawrence's shop, looked at several things, and took up the prayer-book with his right hand—he put it under his coat, and went off—I went and took it from him.
Prisoner. I was walking down the New-cut, took up this book, and looked at it—the policeman came and took me, and said I wanted to steal it—I had not got away from the shop. Witness. He had got a dozen yards from the shop, and would have gone further if I had not stopped him.
parson—I apprehended him, and attended the trial as a witness—I produce the Certificate of his conviction-(read.)
Prisoner. I have minded my work ever since, only my master was very slack—I worked at Mr. Christie's glass works, Westminster.
GUILTY . Aged 16.— Confined One Month.
EDWARD ASHWELL . I am a butcher, and live at Richmond. The prisoner was hired by me, on the 14th of August, at 4s. a week, with board and lodging. On the 27th, while I was in Smithfield, he absconded.
SARAH ASHWELL . On the 27th of August I delivered a bill to the prisoner to take to the customers—he brought me a bill back, and said Mrs. Moorey wished to settle her bill, and would send a sovereign back to pay the bill—it was 5s. 71/2 d.—I had no change—I sent him to get me change—he went and got 20s.—I put "paid" to the bill, and gave him 14s. 41/2 d. to take back—I did not see any thing more of him—I gave him the money to take back to Mrs. Moorey.
GEORGE SMITH (police-constable L 119.) I apprehended the prisoner on the 4th of September—he first denied ever living at Richmond, but in going to the station-house he said he had lived there, but he did not consider his master had any thing to do with it, as it was the money of a customer—he had no money about him.
Prisoner. On the Monday I asked my master to let me go to London to get some clean things—he said, "No"—I asked him to pay me my wages, and he would not.
JURY. Q. Had you paid his week's wages? A. Yes; he would have been with me a fortnight if he had staid till the next day.
GUILTY . Aged 18.— Confined Three Months.
WILLIAM SILVESTER . I live in Harriet-street, New-cut, Lambeth, and am a shoemaker, and am the son of Richard Silvester—he lives in York-street, London-road. When I was a boy I was given to understand that my father was married a second time—I know nothing of it myself—I knew a person of the name of Lever, she was my father's wife—the prisoner is the woman—I believe I was about ten years old when he married her, and about twelve months after that I was sent for by Mr. Smith—I lived in my father's house for a year—I believe that is the woman.
RICHARD ANDREWS . I am a workman in the West India Docks, and live in Temple-place, Prospect-place. Mr. James came and looked at my house, and said he would bring his niece, and if she liked it as well as him he would take the apartment—he called the prisoner his niece—he came
and lodged at my house, I think three weeks or a month before, he said he wished to marry her—I had a little conversation with him about it—he said, "Mr. Andrews, I want to marry that there Mrs. Silvester"—I said, "Is she a single woman?"—he said, "No"—I said, "You cannot marry her without you can prove that anybody saw the first husband buried"-"Oh," says he, "it is such a long way off, they will never know, and I declare to God I shall never do my endeavour to hurt her"—I said, "What a foolish man, the woman will get transported if she marries you, without you can prove the first husband is dead"—he said, "Well, I shall make away with myself, or do some injury, if I don't have her"—I was afterwards going down the London-road, and met the prisoner—I said, "Mrs. James, I wish you much joy"—she said, "I wish I had hung my self before I married that old man, as I was a married woman, and a bigger wretch than James is, never lived"—he half starved her in my house—he said he wished her child to be his heir.
JOHN COLLISON (police-sergeant D 12.) I produce two marriage certificates which were given to me by Mr. James—I have examined them both in the presence of the clergymen—on e at Windsor, the other at Newington-both the clergymen backed them in my presence—I examined one at Newington church, the other at Mr. Cooper's house—the clerk took me to the church to get the book, and then I took it to Mr. Cooper's house and examined it—this is the one I got at Old Windsor-(read)-"Marriages solemnised in the parish of Old Windsor, 1818; Richard Sylvester, of Windsor Castle, and Esther Lever, of this parish, were married by banns, on the 19th of May, 1818."
Witness. This other certificate I took to Newington church, and it was examined and endorsed by the clergyman-(read)-"Marriages solemnised in the parish of Newington, 1836; John James, of this parish, and Esther Sylvester, married by banns, on the 2nd of April, 1836."
WILLIAM SYLVESTER re-examined. The prisoner lived with my father twelve months—I cannot say how long they lived together—I was but little at the time—she went by the name of Esther Lever before she lived with my father, and Sylvester after she had lived with him—I lived then at Windsor—they were not married there, but at Old Windsor.
MR. JONES. Q. Is it as much as twelve years since she lived with your father? A. I do not know—I am now from 29 to 30 years of age—I saw them together after the end of twelve months—when I went away they came up together to town from Windsor—I knew them continuing together, it may be two or three years, as man and wife—that was the last time I saw them together—that is more than twelve years ago—my father was forced to leave London—he works sometimes in one place, sometimes in another—I have not lived with him of late years—I have lived at No. 20, Harriet-street—I saw my father on Saturday week—I have not seen him latterly—he used to come to my place every Sunday—I have seen this woman about a month ago, about the London-road—she appears to me to be the same woman—I do not know that they have lived separate for the last twelve years—my father never troubled her, nor she him, since the separation—I cannot say whether that is as long ago as twelve Years—I will not venture to swear that I have seen them together for ten years.
came to me as a single woman, very bare and destitute of every thing—she had not a gown to go out in till I gave her one of my late wife's—she admitted she had got a little boy by a man of the name of Riley, who had taken up another woman and left her—he came to my house one day and asked for Esther Lever—I went in and sent her out—she said it was a friend of her's, who had come to speak to her—after that I found it was the father of the child—he died in January 1836, and died—I married this woman at Newington—I said, "If you have any demands on any person tell me"—I did not call her Sylvester to the witness Andrews—I did not know she had been married to a person of the name of Sylvester—I have heard what Andrews has said, but he is not to be believed—I lodged with him four weeks and two days.
Cross-examined. Q. You swear you did not know her name was Sylvester? A. I did not—I called her Esther Lever—I wrote letters for her—I was taken in—I did not know that her name was Sylvester till I got into the church—I asked her brother what was the reason of her being married in the name of Sylvester-what Andrews has said is false—I know one Bruce—the prisoner has never told me in his presence that her name was Sylvester—I was with Mr. Rutland, the Sheriff's officer, as a follower—these two papers are my hand-writing-(looking at them)—I was married by banns, and she put them up—I did not hear myself asked in church—I did Dot know that her name was put up in the name of Sylvester—I do not line in the Kent-road—I live in Marshall-street—I had my goods seized in Prospect-place—she was not turned out of my house—she went to live with Mrs. Payne in Marshall-street—Mrs. Payne did not make a demand on me for her board and lodging—Mrs. Payne took out a summons to make me pay a debt, part was for board and lodging, and part was for a bedstead—the other was for rent, and not for lodgings—I lived at Mrs. Payne's, No. 28, Marshall-street, and they got an execution against me while I was down in Devonshire—it was for 2l. or 3l.—I did not tell the prisoner I should go out of the way—she went from me in July, the day the goods were sold—I did not threaten to go away—I have not instituted this prosecution to get rid of her, and save paying my debts—I can pay my debts—I am not bound to pay hers—when I was put of the way, she robbed me of wearing-apparel and money, and stripped me of every thing she could.
GUILTY . Aged 35.—Recommended to mercy by the Jury. Confined Two Months.
Before Mr. Sergeant Arabin.
2244. MICHAEL MANNING was indicted for stealing, on the 25th of August, 1 basket, value 2l.; 21 spoons, value 12l.; 8 forks, value 4l.; 2 ladles, value 1l.; 2 decanter-stands, value 1l.; 1 fish-slice, value 2l.; 1 salad-fork, value 15s.; 1 sauce-boat, value 1l.; 1 ring, value 15s.; and 2 napkin rings, value 10s.; the goods of Samuel Strebel, in his dwelling-house.
SARAH NAPTHALI . I live with Mr. Samuel Strebel, a foreign merchant, at Clapham-common. On the 25th of August, about half-past twelve o'clock, I saw the prisoner at the gate within the fore court, and saw him opening door—I did not see his face, but by his dress I believe him to be the same person—I saw him opening the door to go out of the house—I gave an alarm to my fellow servant, and saw the plate in the basket lying
by the prisoner's side—it was my master's, and had been in the pantry not five minutes before, which is on the ground floor, near the door he was going out of—I ran and took it up, and he ran away—I followed him across the lawn, and he went across the common—I pointed him out to my fellow servant, who followed him, but he got away—he was secured in ten minutes, and I said he was the person by his back—he had a dark fustian jacket and dark trowsers, and was of the same height and appearance—this is the plate-(looking at it)—it had come five minutes from mistress's bed-room.
MARTHA RAWLINS . I am servant to Mr. Sehbel. I heard my fellow servant give an alarm—I immediately ran out at the other gate—she pointed out a person to me, and described his dress—I pursued him, and never lost sight of him till he was taken—it was the prisoner—he had a fustian jacket and dark trowsers—I saw nobody else running away.
Prisoner. When I was running across the common, a man said, "There is somebody calling after you,"—I stopped, and walked towards her, and asked if I was the person she wanted—she said, "Yes," she believed I was: and I went back with her.
JAMES SWAIN . I was at Clapham-common on horseback—I saw the prisoner running from a cry of "Stop thief"—there was another man running before my horse's head—I turned my bead, and saw that man run from the footpath across the common—that was not the prisoner—the prisoner was stopped by an errand-cart man in my sight—he was running until the man hollowed—he then turned back, and came a few steps to the man, who had jumped out of his cart and ran after him.
Prisoner. When I stood talking to the young woman, you came up and said I was not the man who ran out at the gate, for that man was about your own height, and not so stout as me. Witness. Yes; he is not the man that run by my horse's head.
ROBERT EMMERSON . I am a policeman. I was on duty on Clapham-common, and received information of this robbery—I went towards the house, and met the prisoner in custody—I asked what he had been doing and what he went to the house for—he said he had never been near the house, not within three hundred yards, and he was going to Egham races.
SARAH NAPTHALI re-examined. I am quite sure I pointed out to my fellow servant the same person as I saw with the basket at my master's house—I am positive of it—I only saw one person, but there are plenty of places where another person could be, and not be seen.
MARTHA RAWLINS re-examined. I only saw one person—I am quite sure the prisoner is the person the cook pointed out to me—he told me he worked with a paillasse-maker at Lambeth, and his master would give him a good character.
Prisoner. She said before the Magistrate that she lost sight of me for two minutes. Witness. I only said I lost sight of him for a moment, as he stooped—he asked me if I could say he was on the premises—I said I could not, as I had seen him there—I did not see another man running—I only looked in the direction my fellow servant pointed.
Prisoner's Defence. I was going to Egham races to get employment—it began to rain—I walked from the road on the common to get shelter under the trees, and while I was running a man said, "My lad, somebody is calling after you"—I stopped, and said, "Are you calling me, ma'am?"—she said, "I don't know whether it is you"—the cook said it was a man running across the common.
JAMS SWAIN re-examined. I saw another man running as well as the prisoner, but they ran different ways—the prisoner was running from the servants—the other man had a large fustian shooting-jacket, dark trowsers, and a hat, and was nearly my height-much taller than the prisoner-his jacket was the same colour as the prisoner's, but the trowsers darker—I saw the other man jump down from the wall, which is about thirty yards from the hall door, on to the footpath—there are ft quantity of trees round the place.
NOT GUILTY .
ROBERT IRETSON . I am a policeman. On the 21st of August, at one o'clock in the day, I found the prisoner in Broadway, St. Thomas-street, in a marine-store shop—I watched him into the shop, having followed him from St. Thomas-street, with a sack of iron—I went in, a minute or two after him, and he was putting some of this iron into the scale—it was all in the scale, but one piece which he had in his hand—I asked him how he came by it—he said he had been at work at Spitalfields, and found it in clearing the cellar—he afterwards said a man had given it to him in Duke-street, by London-bridge, to take to the marine-store shop to sell.
Cross-examined by MR. PHILLIPS. Q. How near were you to him when he went into the shop? 0 A. About two hundred yards from him—I had him in view, but was behind him—I had my police dress on—he had not passed by me, to my knowledge.
GEORGE WILDEY . I am foreman to Mr. William Chadwick, a builder. The prisoner was also in his employ, and had been so eight years—I know this iron belongs to Mr. Chadwick—it was made for Fenning's Wharf, and was taken from No. 1, Adelaide-place, London-bridge, where we had work going on—the prisoner was employed there.
Cross-examined. Q. Was there much iron there? A. I dare say a ton—it is new, but has been in a damp place—the broad arrow is on it, which is the government mark—I have no private mark on it, but I know it by constantly handling it—these handles were taken from the regular nail place, and put into a closet.
NOT GUILTY .
GUILTY . Aged 35.— Confined Two Years.
NOT GUILTY .
Before Mr. Baron Alderson.
2248. ELIZA BURR was indicted for burglariously breaking and entering the dwelling-house of John Alexander Matthews, about the hour of twelve o'clock in the night of the 24th of August, at St. Mary, Newington, with intent to steal, and stealing therein 2 caps, value 2s., his goods; and 1 bonnet, value 1s.; and 2 gowns, value 2s.; the goods of Ann Lane.
ANN LANE . I am servant to Mr. John Alexander Mathews, a plumber and glazier, in Dover-road, in the parish of St. Mary, Newington. On the 24th of August I went to bed about ten o'clock—I was the last person up—I got up about five o'clock next morning—I am sure it was before six o'clock-as I was getting up I found the prisoner in my room—she got up out of a chair, and looked over my bed-(I had heard a great noise in the kitchen about twelve o'clock in the night, but I thought it must be the mice, and went to sleep again)—I asked the prisoner what she wanted—she said "My name is only Patty," and went up stairs to go out—she had no business in the house at all—I gave an alarm, and found a small pane of glass broken in the kitchen window—she must have got down the area, broken the glass, unbolted the front kitchen door, and got in—the door was bolted when I went to bed at night—I missed two gowns of my own, which had been in the front kitchen overnight—she had taken them off a nail, and put them into the area—I also missed two caps belonging to Mrs. Matthews, which were lying on my bed overnight—these are them-(looking at them)—the prisoner had lived servant in the house, but was discharged, I understand, about six months before I went there—I have been there six weeks—she had no business in the house—I found my gowns in the area, and my bonnet on her head.
Prisoner. I went into the house to sleep.
GUILTY . Aged 17.— Transported for Ten Years.
Before Mr. Justice Vaughan.
MR. CLARKSON conducted the Prosecution.
THOMAS ALLEN . I keep the Bridge-house tavern, Vauxhall. The prisoner is a waterman, and had been in the habit of coming to my house before this happened-about a month or six weeks before this, I refused him permission to enter my parlour—when the company left the parlour on that occasion, he was the last that left—I went in to put the lights out, and he said, "I will mark you for this"—on the night of the 26th of August, about ten minutes before eleven o'clock, he came to my house in a cab, accompanied by two females—he came into the bar, then went into the tap-room, and went out to the females, wishing them to come out—I went and told him he could have what he liked at the bar, or take any thing outside, but I could not admit him at that hour in the evening—he directly caught hold of one of the girls, who had got out of the cab, and tried to pull her past me—I stepped between him and the girl, as he had hold of her arm, between my door-post and the door—he was behind me, pulling her—he had got over the threshold—I put myself between them to prevent them coming in—he then let loose of the girl's arm, and struck
me with a thing he had in his hand, across the head—I had observed that instrument in his hand, when he first came in—the blow nearly stunned me at the moment, but not quite—it cut me very much, and the blood ran, but I closed on him, pushed him into the coffee-room, and kept him there till the policeman was sent for—the mark of the blow is now to be seen, and I feel the effect of it in stooping—I bled very much—this is the instrument(looking at the nose of a wherry)—I had not struck him any blow, or done any thing whatever, except to prevent the woman coming into the house—I had given him no provocation—a piece of the nose broke from it with the blow-directly he was secured I sent for Mr. Jones, the surgeon.
COURT. Q. Had you had any quarrel with him before, except refusing him permission to enter the parlour? A. I have often requested him to quit the house—he had nothing in his hand when he said he would mark me for this—he has been to sea, but I knew him before he went.
Prisoner. He struck me two or three times previously. Witness. It is not true—I gave him no provocation, but by refusing to admit ham within a few minutes of eleven o'clock, and it was Sunday night.
THOMAS LONG . I am employed in the neighbourhood at a private watchman. I was near Allen's house on the night in question, and saw the prisoner come in a cab, with two females—I saw him strike the prosecutor, but could not perceive what he had in his hand—it was a heavy blow—I was present from the time he got out of the cab, till the blow was struck-Allen did not strike him, or do any thing to him—he merely prevented the woman from entering the house.
JOHN WILLIAM JONES . I am a surgeon, and live in Eldon-place, Vauxhall, within one hundred yards of the prosecutor. I examined him about eleven o'clock, on the Sunday night in question—I found an incised wound on the scalp, about three inches long, and a small punctured wound, about an inch from it, which might have been done by the nails on the instrument—in my judgment this is an instrument that would inflict an injury of that description—there was a great deal of blood from the wound, and some on the instrument—a blow from such an instrument would be very likely to produce a dangerous wound—I attended him about ten days, or a fortnight—the blow must have been inflicted with considerable force—the scalp was divided, almost to the bone.
Prisoner. I was very drunk at the time—I do not recollect hitting him with the boat's nose at all.
RICHARD ADAMS (police-constable V 167.) I was sent for to secure the prisoner in the parlour of the house—he certainly had been drinking, but was not drunk—he had not at all the appearance of a drunken man—he appeared to know what he was about.
Witnesses for the Defence.
SUSAN HUMPHRIES . I was one of the girls that got out of the cab with the prisoner—Mr. Allen prevented our coming in—he was pushing the prisoner out, and he fell down—I did not see the prisoner do any thing—he had the boat's nose in his hand, but I did not see him do any thing with it—I did not see Mr. Allen's head was hurt, for I came out of the house directly—I did not see the prisoner strike him, but I saw Mr. Allen throw him down—I am not certain whether he hit him or not—I saw Mr. Allen
about ten minutes afterwards, go down to the station-house with his head tied up—the prisoner was very tipsy indeed—I had been with him about two hours, to public-houses—we went to the prosecutor's house to wait for some young men coming to us.
MR. CLARKSON. Q. Where did you meet the prisoner that night? A. In Westminster-road—he had the boat's nose then, carrying it in his hand—he said he had been knocking something, and had broken his boat—he did not say what he was going to do with it.
JOSEPH ROBINS . On the night in question, I went to the prosecutor's house about half-past ten o'clock, to have a pint of beer—the prisoner came into the tap-room while I was there—he had a boat's nose in his hand—a young woman came in at the door—he said, "You come in here"—she said, "No, I won't come in at all," and they went out together—I was coming to the bar to get a pint of beer, and saw the prisoner and the girl coming in-Allen shoved the prisoner—the prisoner said, "Don't shove me," and Allen hit him on the side of the head—I swear that-and the prisoner having the boat's nose in his hand, struck him on the other side of the head-Allen collared him, and pulled him into the parlour—the prisoner had had a drop of beer, and was pretty well drunk—I asked him to drink, and he put the boat's nose on the table, but as the girl would not come in, he took it up again.
GUILTY . Aged 23; of an assault only.— Confined Six Months.
Before Mr. Justice Vaughan.
GUILTY . Aged 35.— Transported for Life.
(This was stated to be the thirty-seventh time that Lane had been in custody on similar charges.)
No evidence being offered against Brown, he was
Before Mr. Justice Vaughan.
2251. JOHN YOUNG and HENRY WEBBER were indicted (with Francis Lionel Eliot and Edward Delves Broughton, not in custody,) for the wilful murder of Charles Flower Mirfin.Also charged on the Coroner's inquisition with the like offence.
MR. CHAMBERS conducted the Prosecution.
THOMAS GOTOBED . I am a proctor, and live in Great Russell-street, Bloomsbury. I know Mr. Francis Lionel Eliot—I also know the two prisoners, Mr. Young and Mr. Webber, they are gentlemen, I believe—they follow no profession—Mr. Eliot, Mr. Young, and Mr. Webber, dined with me on the 21st of August, the day before the duel took place—Mr. Eliot and Mr. Young went away together, about eleven o'clock I think, to go to the Saloon in Piccadilly, and Mr. Webber and myself went there directly afterwards—we staid there about ten minutes.
COURT. Q. Is that a place of entertainment-is there any exhibition there, or what is it? A. Merely a place, I believe, for having supper and refreshment—it is open to anybody—it is kept by Mr. Goodrid.
MR. CHAMBERS. Q. While you were there, did you see Mr. Young of Mr. Eliot there? A. I saw Mr. Young—I do not recollect seeing Mr. Eliot—there was no quarrel while I was there.
Cross-examined by MR. ADOLPHUS. Q. I believe you drove Mr. Webber there? A. I did, in my cab, from my house—I have been acquainted with him about two years—I know him to be a peaceable, well-disposed young man-so far from seeking quarrels, he has been the means of reconciling them very often.
Cross-examined by MR. PHILLIPS. Q. About this Saloon; is it a place where men and women meet? A. It is-women of the town, to take supper—there is no music there—I have not been there myself later than from two to three o'clock—I have left persons behind at that hour, males and females—I suppose it is about ten minutes' walk from Bow-street office—I have known the place open seven or eight years.
ROBERT MATTHEWS . On the 21st of August I was one of the waiters at the Saloon, in Piccadilly. About two o'clock in the morning of the 22nd there were some words between two gentlemen there—I know the two gentlemen—they were Mr. Eliot and Mr. Broughton—I consider the quarrel was between them—they were having words—there were several gentlemen standing round at the time—I do not know any of them—I did not hear anybody else take part in it.
HENRY HUNT . I am a maker of billiard-tables, and live in Broad-street, Golden-square. I know Mr. Francis Lionel Eliot—on the 22nd of August I went to him at Fuliard's Hotel, under the Colonnade of the Opera-house, about a quarter to twelve o'clock—I saw him, and also Mr. Young and Mr. Webber—they were at breakfast, but not with Mr. Eliot—Mr. Eliot and I went out into the passage to speak about my business, and after being there a short time, Mr. Young and Mr. Webber joined us—they joined in the conversation, and made observations,—I saw a gentleman named Broughton there—he entered while I was wafting in the coffee-room.
COURT. Q. Was that before you were in the passage? A. Yes, I was sitting waiting for Mr. Eliot, who had not yet come down.
MR. CHAMBERS. Q. What did you see Mr. Broughton do when he came in? A. He went to the table where Mr. Young, Mr. Webber, and a strange gentleman were—he seemed merely to make a slight bow, and to ask some question, and to sit down—Mr. Eliot came into the coffee-room while those three gentlemen were there—he came immediately up to me, without speaking to the other parties, or appearing to notice them—after a little conversation with me, he was afraid he might be overheard by the other parties, and then came to me in the passage, and then Mr. Young and Mr. Webber came to us there—I did not go into the coffee-room again.
COURT. Q. When they came into the passage, what conversation took A. It was all respecting my own business—I went for some money Mr. Eliot owed me—the conversation was about nothing else whatever.
RICHARD COWLING . I am a post-boy for Mr. Robinson, in Regent-street. On the 22nd of August, I went, with a pair of horses and a half-headed barouche, to Fuliard's Hotel, under the Opera Colonnade—I reached to door, to the best of my recollection, about four or half-past four o'clock—I waited some little time for the parties, and when they came they got into the carriage—there were three gentlemen—I do not know either of them—I never saw them before or since, to the best of my knowledge—I cannot say that these gentlemen (the prisoners) were with me—they were
entire strangers—I have not a sufficient recollection to swear to either of them—a carpet-bag was put into the carriage by the ostler who went with me—I did not see who gave it to him—I do not know what it contained—there was no other carriage there at the time—when the three gentlemen got in, I drove to Wimbledon-common—a little cab-boy got on the dickey behind—on the road to Wimbledon-common I saw two gentlemen in a one horse gig—I followed them a short distance, and then passed them and saw nothing more of them until we reached that part of the common near the windmill—the gentlemen then got out of the carriage, took the carpet-bag, and walked away—I do not know which gentleman took the carpet-bag—there was the gig there which I had passed, a gentleman's cab, and a street cab—I saw two gentlemen get out of the gig—I did not notice who got out of the gentleman's cabriolet—on e gentleman got out of the street and—I did not take notice where the two gentlemen who got out of the gig went to, but I believe they went down the hill, for they walked away—there was but one left up the hill with me and the cabman—that was one that got out of the gig—the other walked away—after a short time, the gentleman who was left behind also went down the hill—after he got down I looked into the hollow, and I saw what was going on—I saw two gentlemen fire off pistols at each other-from what I saw before they fired, they stood, with the right arm extended, opposite each other, looking over the right shoulder—I did not observe where the other gentlemen were, previous to the two firing at each other—after firing, I saw the two gentlemen who had fired walk away from the spot where they were standing—they walked a very short distance—there were other persons with them—I cannot say how many—they walked forward towards those persons—I should say there were from six to seven—there were quite as many as that in the bottom—I did not count them—I was too far off to hear what was said, but they appeared conversing together—I was standing 100 yards from them—after they appeared to be conversing I saw the two gentlemen fire again at each other—I remained at the top of the hill.
COUET. Q. What interval of time might elapse between your seeing them fire the first time, and their returning to the spot and firing again? A. I really cannot say-to the best of my judgment, it was from five to ten minutes.
MR. CHAMBERS. Q. Did they return to the same places where they had stood before? A. Yes—I should judge they stood from twelve to fourteen or fifteen yards from each other—they levelled as before, and then fired, and I saw one of the gentlemen fall into the arms of two other gentlemen—that was not the gentleman who got out of my carriage, and I could not be on my oath whether it was the gentleman who got out of the gig—I was not near enough to tell—I did not hear any thing immediately before the firing—after the gentleman fell, I directly came away—my party that I had driven there walked up the hill very shortly after the gentleman fell, before he was removed from the spot where he fell—they got into the carriage directly—the same carpet bag was put into the carriage—there was something in it—I cannot say what—I was ordered to start, and make the best of my way to town—I had got a very short distance before I was ordered to stop, and the gentleman who fought the duel jumped out, and said he would go back and see the young man righted; he should not be left alone—after he got out, another got out and told him he would go back in his place, as he was not implicate at all in it—the gentleman who fought the duel then got into the carriage again,
and the other gentleman went back—the gig was left for him, and one of those who came in the gig got into the carriage—he got in directly after the other gentleman who went back got out—I then drove on to town—I am not quite certain of the time I started for town, but I should judge it to be near about seven o'clock—when I came to Knightsbridge one gentleman got out there, and got into a street cab—I cannot say whether that was the gentleman who went down into the gig—I did not let him out—I set the next gentleman down at Hyde-park corner, and he took a cab—I set the other down in Edgeware-road—that was the gentleman who fought the duel-to the best of my recollection, the little boy took the carpet bag out there—he got down with the gentleman there, and took the carpet bag away.
COURT. Q. I suppose that gentleman paid your hire? A. Yes—I do not know the persons of any of these parties—I was looking at them—it was broad day-light—I could see the pistols in their hands when they fired—the gentleman who was killed was dressed in dark-coloured clothes—I had some conversation with him when he got out of the gig—it was in consequence of that conversation I went to the brow of the hill to see what was to go on—I did not know what was going on till that gentleman told me—I had never seen the gentleman before.
EDMAN SCOTT . I am a surgeon, and live at No. 22, Rockingbam-row, New Kent-road. I knew the late Mr. Charles Flower Mirfin—on the 22th of August he lived at No. 2, Pleasant-place, West-square—he was an independent gentleman ever since I knew him—I never knew him in business—he was twenty-five years of age—I had only knows him since February or January—he had been in partnership with Mr. Dry, of Tottenham-court-road, as a linen-draper and hosier—I dined with him on the 21st of August at his own residence—I left at half-past eleven o'clock that evening—Mr. Broughton was in company with him—I do not recollect whether he dined there or not that day—he was in the habit of going there daily; but I do not recollect that day particularly—on the following day, about one o'clock, or between one and two, Mr. Broughton came to me up in my bed-room, and in consequence of what he communicated to me, I went with him to Mr. Mirfin's residence, and breakfasted there—that was about two or three o'clock—after breakfast, I and Mr. Mirfin had some conversation, in consequence of which, that afternoon, I accompanied him and Mr. Broughton from his house, in a gig to the London-road—that was about a quarter after five o'clock—I got into a hack-cab at the Elephant and Castle, and they drove on in Mr. Mirfin's gig—I followed them in the cab on towards Wandsworth-about the telegraph, at Wimbledon, they met a carriage—I do not know who were in it-cannot say that I should know them again-perhaps I might-yes, I believe this gentleman is one, (Webber)—the gig drove past the carriage—there was a gentleman walking behind the carriage, and Mr. Broughton got out and spoke to him—he then returned to the gig—the gentlemen got into the carriage, and they drove on in different directions—the gig drove round gentelegraph, and the carriage met us at the mill—there were then three gentlemen in it—when I arrived at the mill, I taw a gentleman's cabriolet—there were no persons in it then—they were out of it—I saw four or five gentlemen standing near the carriage—I saw both the prisoners there-at least I saw them on the ground—I could not swear they were close by the carriage—I cannot say whether I saw them at the top of the hill, or in the vale—Mr. Mirfin and Mr. Broughton drove close up to the carriage,
and I followed them in the cab—we all got out, and the other gentlemen went down the hill—Mr. Mirfin did not go down the hill—he waited at the top—Mr. Broughton went down in company with five or six gentelemen—they did not go down altogether—they followed each other—I believe Mr. Eliot went first—I think two others went with him; then Mr. Broughton, and somebody with him, and I followed—when we got down the hill, the first thing that took place was the carpet-bag was produced—I do not know who produced it—I did not know any of the gentlemen, except Mr. Mirfin and Mr. Broughton—Mr. Broughton, and some other gentleman, who I did not know, then tossed which was to have the choice of ground—I have not seen that gentleman since—I do not think it was either of the prisoners—Mr. Broughton won the choice, and the ground was then marked out—Mr. Broughton and some other gentleman stepped it—I do not think it was either of the prisoners—I believe not-twelve paces was the distance stepped—Mr. Broughton and the same gentleman then tossed who was to have the charging of the pistols—Mr. Eliot's friend won that toss, and the pistols were then loaded, both pairs, two belonging to Mr. Eliot, and two belonging to Mr. Mirfin—Mr. Mirfin had taken down his pistols in his gig himself, and I carried them down to the ground—I delivered them to Mr. Eliot's friend to load after Mr. Eliot's were loaded—after the pistols were loaded, Mr. Broughton went up towards the mill to bring down Mr. Mirfin.
COURT. Q. Where had Mr. Eliot been then? A. Mr. Eliot was there on the ground.
MR. CHAMBERS. Q. Before the pistols were loaded, or while they were tossing, did any thing pass as to Mr. Eliot's going up? A. Yes; at the time Mr. Eliot's friend was about to load the pistols, some little altercation took place about the loading the pistols; in fact, it was Mr. Eliot who spoke himself—I cannot positively swear that the prisoners were present at the time—they were on the ground, but whether they were present at the loading of the pistols, I cannot positively swear-not whether they were near enough to hear what passed on the subject of loading—there were five of us in the party at the time the pistols were about to be loaded, when Mr. Eliot made the remark—no one interfered, except Mr. Eliot—he interfered, and then I inquired whether the principal was there—Mr. Broughton said, "Yes"—I said, "Then order him to leave; he has no business here as principal," and he did leave—I was not aware at the moment that he (Mr. Eliot) was there—I did not know he was a principal—the five gentlemen were, Mr. Eliot, myself, Mr. Broughto'n: did I say five, I beg pardon, four I mean—there was another gentleman—I do not know his name—I cannot say where the prisoners were—they were there on the ground, but I cannot say they were present at the loading of the pistols—I was intent on seeing that no advantage was taken—it was the request of my friend, Mr. Mirfin, that I should do so, and I did not take particular notice of the parties—they were all strangers to me—I had never seen them before.
Q. As soon as the pistols were loaded, were Mr. Mirfin and Mr. Eliot called down? A. Mr. Eliot was down—he had been down all the time—he remained near the spot all the time.
COURT. Q. After Mr. Broughton desired him to retire, did he still remain or retire? A. He retired perhaps thirty or forty yards, not to hear what was going on.
MR. CHAMBERS. Q. As soon as the pistols were loaded, what took place? A. Then they tossed who was to give the word of command—Mr. Broughton
and the strange gentleman tossed—the pistols were loaded by Mr. Eliot's friend—I believe neither of these two gentlemen was that friend.'
COURT. Q. Is it that you do not know who it was, or that you do know it was not? A. I believe it was not either of these gentlemen—I think I should know the gentleman if I were to see him again—I cannot say whether the prisoners were standing close by at the time the pistols were loaded—on e gentleman was standing close by—I think it was this tall gentleman, (Webber,) but I cannot swear it—he did not interfere—he never spoke a word, or interfered in any manner, or in any shape whatever—Mr. Eliot's friend, who loaded the pistols, was the person who took the active part in arranging the matter.
MR. CHAMBERS. Q. With respect to the other, Mr. Young, was he down the hill at all, to your knowledge? A. Yes, that gentleman was down the hill—I saw him down in the valley below, almost close to the spot where this was done—I do not know that he was there at the time of loading the pistols, or at the time the transaction itself took place—I only saw him on the ground—he might have been at some distance at the time the shot was fired, for any thing I know—I do not know—he might have been at a distance at the loading of the pistols—I cannot swear he was present at the loading of the pistols, or at the firing—after the pistols were loaded, Mr. Eliot and Mr. Mirfin were placed on their ground, and a pistol was delivered to each—Mr. Eliot's pistols were delivered, the first time, by their respective seconds—on e by Mr. Bronghton to Mr. Mirfin, and by the absent gentleman to Mr. Eliot—after the pistols were delivered, I went and stood seven or eight paces from the two principals, along with the two seconds—I do not know what became of these two gentlemen—they might have bees close to me when the shots were fired, but I did not look behind me—I was engaged looking at the principals—the word to fire was given by Mr. Eliot's friend—he said, "Gentlemen, are you ready? Stop"—that was the signal which had been agreed upon, the signal to fire—they were to fire immediately at the word "Stop," and not before—they fired together, immediately on the signal—after they had fired, I observed the ball had passed through the crown of Mr. Mirfin's hat—I saw something fly up in the air—I saw a portion of the crown just raised at the moment-as soon as they had fired, the seconds interfered—I and the seconds were all standing together at the time—the seconds moved towards the principals—the principals remained in their places—I saw nothing of the prisoners, and cannot say whether they moved—the seconds moved a few paces towards the principals, and spoke to them—I do not know what they said to them—I did not go up—I stood still, about the same place-some conversation took Place between the seconds and principals, and between the seconds themselves—it only lasted a few minutes—I did not hear what was said—after that had taken place, Mr. Mirfin insisted on a second shot—I heard him insist that there should be a second shot—he spoke loud enough for all parties to hear—I was within seven or eight paces of him—I could hear every word he said—I did not hear the other conversation, because I was intent, looking at Mr. Mirfin's hat—I saw the ball had passed through it—the conversation was with a view to reconcile the parties—I could hear that, but Mr. Mirfin would not hear of any reconciliation—I believe Mr. Eliot would have made a verbal apology—I believe he would—I heard
sufficient for that—that was communicated to Mr. Mirfin, but he said he would receive nothing but a written apology, and insisted on another shot—this was after the first shot had been fired—there was nothing said before the first shot—after Mr. Mirfin made this statement, another pistol was delivered to each—the had parties never left their ground—I had told Mr. Mirfin he was shot through the hat, and he took his hat off, and looked at it—I am not aware whether he was conscious of it—he said nothing, but took it off, looked at it, and placed it on his head again.
Q. Was that before or after the conversation between the seconds? A. I do not exactly recollect, whether it was before or after—it was all about the same time—it was after he said he would have another shot—I think it was when the seconds had gone to fetch the other pistols, which laid some distance off—I walked two or three paces towards him, and told him of it.
A JUROR. Q. I thought you said you did not move, but stood perfectly still? A. No—when the seconds went away for the second pistols, I went a pace or two towards him—I did not go close to him, but with two or three yards, and told him of it.
MR. CHAMBERS. Q. Had they each another pistol delivered to then? A. Yes, by their respective seconds-those were Mr. Mirfin's pistols—they again fired at the same signal—Mr. Eliot fired first—he did not fire before the signal, but I distinctly heard the sound of his pistol fired after the signal was given—it was immediately on the signal being given, and the other shot followed almost immediately—I think Mr. Mirfin's pistol was discharged after he had received the fatal shot—I think he felt the wound previous to firing the pistol—he did not sufficiently raise his hand—the half struck the ground—he had not raised his pistol—he was in the act of raising it—he was bringing it to the level at the time—after both shots were fired I looked at each of them, and did not at first perceive that either was injured, but Mr. Mirfin walked towards me about six paces I think, with his left hand on his right side—I think he had the pistol still in his hand, but I do not recollect—I think he gave it to me—he advanced to me and said, "I am wounded"—I asked him where—he looked towards the wound, and raised his fingers, showing me where he was wounded; but not speaking—I said, "I am exceedingly sorry to hear it," and said, "Good-bye, God bless you"—he said, "Good-bye, old fellow"—I think that was his expression—he said "Good-bye" and something—I then assisted him to lie on the grass—he did not fall immediately—I undid his pea-jacket and waistcoat, and pulled up his shirt and probed the wound—the other persons were standing by at the time—Mr. Broughton walked up towards me, and asked if the wound was fatal—Mr. Eliot and his second, and Mr. Broughton, were all standing together at the time I laid him down on the grass—I said it was a very fatal wound—that was before I probed it with my finger—Mr. Eliot and his second stood still and said nothing merely looking on—they were nearer than I am to you—Mr. Broughton came a second time when I was examining the wound, and asked me again if it was fatal—I said it was—he said, "What shall we do?"—I said, "The sooner you leave the ground the better, and I will wait—I believe they all three left the ground together—Mr. Mirfin died in ten minutes I did not speak to him after this—I saw I could be of no service to him, and did not wish to fatigue him by saying any thing to him—I examined
the body after I got it home, and discovered a small wound not quite the size of an egg—I thought it was between the fourth and fifth rib, but it appeared, on examination, between the fifth and sixth—I have no doubt whatever his death was occasioned by the pistol ball.
Cross-examined by MR. ADOLPHUS. Q. You went there, I understand, as the friend and medical assistant of Mr. Mirfin? A. I did—I had every reason to believe, when I set out, that a duel was going to be fought, but I did not know between what parties—he said he wished me to be at Wimbledon at six o'clock, and to take every thing I thought would be required—he and I had never been out together before on occasions of that kind, nor ever arranged to go.
Q. Perhaps you yourself have never been out on such occasions before? A. I do not know that I am bound to answer—I have only been once as principal, and once as surgeon—Mr. Webb was the gentleman I went out. with—he was the only one—that is about two years ago—I am thirty-two years of age—I was never principal with anybody else—I stood by the seconds about half-way from the parties while this transaction was going on—the whole distance was about 35 or 36 feet, 12 paces—I was near enough to hear what passed between the parties—I did not see any one but the seconds present when Mr. Mirfin insisted on firing again—there might have been others, but I did not look behind me.
Cross-examined by MR. PHILLIPS. Q. I believe Mr. Broughton is rather a young man, is he not? A. Yes—I was requested by Mr. Mirfin to see that the pistols were loaded fairly and properly—it was the last word he said to me when I left him at the top of the hill—I did so, and saw that every thing was fair and proper, as far as loading the pistols on both sides.
HENRY LEE . I knew Mr. Eliot in August last. About the 22nd of August I acted as his groom—I am sixteen years old next October—Mr. Eliot was then staying at Fuliard's hotel, under the Opera Colonnade-about one o'clock that morning I saw Mr. Young there—I went out with my master and him in a cab—we called at Newman's in Regent-street—Mr. Eliot got out of the cab there, and Mr. Young remained in it—I returned to Fuliard's hotel about four o'clock—there was a carriage there then—I saw my master there, and Mr. Webber, Mr. Young, and a stranger—they went with my master into his bed-room, and staid about a quarter of an hour—they then came down and got into the carriage, and a carpet-bag was put in by the ostler—I did not see who gave it to him—I do not know whose it was—I had only been in Mr. Eliot's service a fortnight—Mr. Eliot, Mr. Webber, and the strange gentleman got into the carriage, and I believe Mr. Young went to his cab—it was not standing there—I got into the dickey of the carriage, and we drove to Wimbledon-common—when we got there, I saw Mr. Young in a cab, and a strange gentleman with him-not the same gentleman that was in the carriage, but another—the carriage was stopped on the common by two gentlemen in a gig—Mr. Webber got out of the carriage, and spoke to a gentleman in the gig—I did not notice a gentleman get out of the gig—the carriage and gig were then driven near a windmill—I saw Mr. Young when we got there—I think he was there before us—I saw my master, Mr. Webber, and the strange gentleman get out of the carriage and go down the hill—Mr. Young and the other gentleman got out of the cab, and I got into it, and I believe they walked away from the cab towards the hill—there was a gig and street cab there also—on e gentleman out of the gig went down the hill, and one
gentleman walked about—the gentleman in the street cob went down the hill—I remained in the cab, and went to sleep—when I awoke, I saw Mr. Young, my master, Mr. Webber, and the two strange gentlemen all come up the hill together—Mr. Eliot, Mr. Webber, and the strange gentleman who had been in the carriage before, got into it again, and Mr. Young and the other strange gentleman got into the cab when I got out—the carriage then drove a little way, and was stopped, and my master got out—Mr. Webber said, "you had better get in, and I will go down myself"—my master then got into the carriage again, and Mr. Webber remained, and one of the gentlemen out of the gig got into the carriage—Mr. Webber did not return to the carriage—we went on to town—we set one gentleman down at Knightsbridge—I think that was the gentleman out of the gig—we then set the strange gentleman down at Hyde-park-come, and my master and I got down at Edgeware-road with the carpet-bag—I did not open it—there was something in it—it had been taken out of the carriage when we got to the mill—I cannot say how long Mr. Webber talked to the gentleman out of the gig.
JOB CROUCH . I live at Wimbledon. I was on the common the 22nd of August, about seven o'clock, and near the mill there I saw carriage, a cabriolet, a gig, and a hack-cab, that induced me to look into the hollow, and I saw five gentlemen standing below in conversation, and two younger gentlemen sitting on the brow of the hill, about half way down—I should say they were about one hundred yards from the place where the five were conversing—I was not near enough to see the features of the younger gentlemen, so as to know them again—I staid there a few minutes, and saw what took place—I did not see the ground stepped—I saw two of the gentlemen placed so as to be in a position to fire at each other—I cannot say that I heard any word of command given, not to understand it—they then fired at each other.
Q. When they fired at each other, were the two younger gentlemen still sitting where you saw them? A. I saw them before the fire, and had not seen them move, but after the firing, I did not take notice—it was two of the five I saw conversing that fired at each other—I saw none besides the five, and the two on the brow of the hill—I saw no other persons in the valley—after firing, they remained where they were—they did not move—I saw a second shot fired by both of them, and one of them shortly after fell—I went down into the valley, and assisted in removing the gentleman after he was dead into the cab.
COURT. Q. Did the people go away after the fatal shot together? A. Yes—they all went up the hill the moment the shot was fired—they seemed to turn up, and I going down did not take any more notice—I did not notice how many went up the hill-all that I saw below appeared to group.
THOMAS HUNT DANN . I am a miller, and belong to the mill on Wimbledon-common. On the evening of the 22nd of August I saw four carriage near the mill—I did not see what persons got out of them—I saw some get out, but was not near enough to recognise them—I went down into the valley—I should think there were six or seven persons there then, but I cannot say—I was about twenty yards from them in the first instance—I was not near enough to see their features—I could not recognise any of them again, except the person who shot Mr. Mirfin, and I do not know that I could recognise him—I do not know either of the prisoners—I was
some pistols taken out of a bag, and after that saw two gentlemen stepping side by side-two of the parties were placed opposite each other—they fired twice—after they fired the last time some of them came near me—I do not think either of these gentlemen were near me—I afterwards found some pistols, which I gave to the Inspector at the Coroner's Inquest—I had conversation with the gentleman who fired-just before that I saw one gentleman separate from him—the other gentlemen were engaged in loading the pistols at that time.
Q. How many gentlemen were loading the pistols while the two gentlemen were away? A. I should think five—after that I saw the two gentlemen placed—there were three or four others standing at a short distance from them at the side—it was from one of those the signal was given—I cannot tell whether there were three or four persons there—I am sure there were three—I am not positive there were more than three—there were no others near but myself.
COURT. Q. Then you can only account for five or six persons present at the time the shot was fired, is that so? A. Yes—I was fourteen or fifteen yards off—there were no others near but the parties concerned—I cannot tell whether there were more than five or six altogether concerned.
(Several witnesses deposed to the prisoners' characters as to quietness and peaceableness of disposition.)
YOUNG— GUILTY . Aged 26.
WEBBER— GUILTY . Aged 24.
Recommended to mercy.
Before Mr. Common Sergeant.
EVE HACKNEY . I am servant to William Cormack, nurseryman, New Cross, Deptford-here are eight sheets, a petticoat, and three stocks—they belong to my master—I had placed them on the grass-plat to bleach, opposite the front of the house, about eleven o'clock on the morning of the 30th of August—they were gone between five and six.
Cross-examined by MR. PAYNE. Q. Could this lawn be seen from the windows? A. Yes—Mr. Cormack was not at home—I know them by the marks.
SAMUEL BRIANT . I am a warehouseman to Messrs. Cormack and Co.—I received information at five or six o'clock—I set off, and overtook the policeman—I then went on, and saw these prisoners and a boy going towards town—when they observed the policeman running after them the boy made his escape, and Esoum dropped a bundle from under her shawl, which proved to be this linen-Gallaway and her were both together—I did not see them for more than five minutes—they were all three walking in the same direction, and appeared to be talking together.
Cross-examined. Q. Who gave you information? A. Mrs. William Cormack—I was three quarters of a mile off from the lawn when I saw them.
JOHN WOODMAN (police-constable R 26.) I was on duty in the Old Kent-road, between five and six o'clock in the afternoon—Mr. Cormack's gardener gave me information—I saw the two prisoners walking, but as soon as they saw me they began running.
Esoum. I never took them.
(The prisoner Esoum received a good character.)
ESOUM— GUILTY . Aged 15.— Confined Three Months.
GALLAWAY.— NOT GUILTY .
MARIA TURNER . I. am single, and am servant to Richard Burton, of the Albany-road. The prisoner was in my master's service—she slept in the same room with me—on Wednesday, the 29th of August, I missed three sovereigns out of a small pocket-book in my box, in my bed-room—I had some thread-lace also in that box—this is it-(looking at it)—I can swear to it—no one ever went into our bed-room but our two selves—my master sent for the constable—the lace was found in my presence in her box—there was no money found.
Prisoner. You know you had a great many followers in the house, and they were as likely to take the money as me. Witness. No, I had not—I took a friend on the staircase, but not in my bed-room—I had no followers to tea—I did not send you out for butter—I had but one friend, and that friend did not go into my bed-room.
WILLIAM BERRY (police-constable P 88.) I was sent for, and was shown the prisoner's box—I found in it three pieces of lace, which are here, and the prosecutrix fetched another piece, which corresponds with what I found in the box.
Prisoner. I never touched her box nor any lace—I found a lot of ribbons of hers in my box, which I never put in, I thought it was her doing.
MARIA TURNER re-examined. No, I have got no lot of ribbons—no one could have put it into her box but herself—I believe it was not locked—the hasp of my box was off—she was only three weeks in the house—she was taken without a character.
NOT GUILTY .
ELIZABETH HARRIET HIGGS . I am the wife of John Higgs, he lives in Hanover-street, Peckham. The prisoner lived with me before she went to the last place—after she was gone I missed a great number of things-among the rest, two stockings, but being odd ones, I had no idea of their being stolen—these are mine-(looking at them.)
Prisoner. Q. Why should you think that I took them, when you gave them to me because you burnt mine? A. I burnt an old pair of hers, which I would not suffer to be washed—I gave her three pairs, but not these.
Prisoner. You rolled up a bundle of things the night before I went, and there was this pair of stockings in them, and you said if I did not like to keep them I might throw them away. Witness. I did, but not these things, and she went away and left the bundle there, and did not take them.
COURT. Q. Did you ever give her these stockings? A. No, she was
not authorised by me to take them—I am sure they were not in the bundle.
GUILTY . Aged 17.— Transported for Seven Years.
ADJOURNED TO MONDAY, THE 22ND OF OCTOBER, 1838.