CENTRAL CRIMINAL COURT.
TWELFTH SESSION, HELD OCTOBER 22, 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, October 22, 1838, and following Days.
Before the Right Honourable Sir JOHN COWAN , Bart., LORD MAYOR of the City of London; Sir John Gurney, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir James Williams, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; George Scholey, Esq., Sir Peter Laurie, Knt., Charles Farebrother, Esq., William Taylor Copeland, Esq., Thomas Kelly, Esq., Aldermen of the said City; the Honourable Charles Ewan Law, Recorder of the said City; John Pirie, Esq., John Lainson, Esq., James White, Esq., and William Magnay, Esq., Aldermen of the said City; John Mirehouse, Esq., Common Sergeant of the said City; and William Saint 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. TWELFTH 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, October 22nd, 1838.
First Jury, before Mr. Recorder.
MR. BALLANTINE conducted the Prosecution,
JOHN GOODMAN . I am foreman to Mr. Wood, a tailor, in Howland-street, Fitzroy-square. On Saturday, the 18th of August, I met the prisoner in Holborn, and spoke to him—I had been acquainted with him some years—he said he was going to Jamaica, and asked if I was in business for myself—I said no, but I was in a situation, and if he wanted anything, I had no doubt my employer, Mr. Wood, would be happy to wait on him—he said he was in want of things, and should be happy if I could make them, but he was afraid the West-end prices would be too high—I said we would charge him as a regular outfit—he said he would let me know—I received a letter that same evening, and went to the Saracen's Head, snow-hill, at ten o'clock next morning, with Mr. Wood, who showed the prisoner some patterns—he ordered several pairs of trowsers, waistcoats, and coats to be brought to the Saracen's Head on the Saturday following at ten o'clock, and every thing would be paid for—we stated to him it would be a ready money order—that is the only way we do take orders for outfits—he called at our house on the Wednesday to try some of them on—on the following Friday Mr. Wood told me something, and I took one suit of clothes to the Saracen's Head, and asked the prisoner to let us have 10l. or 12l. on account—he was in bed at the time—he said he had been out the over-night, but he would get up about twelve o'clock, and send me a cheque up—I left him and left the clothes—I went the next morning with Mr. wood with the rest of the clothes—we found him at the Saracen's Head—I told him he had not kept his word, as we had received no cheque—he said he had quite forgotten it, but it did not matter, he would give a cheque for the a whole amount—Mr. Wood asked him on what bank it would be—he said on a bank at Liverpool—Mr. Wood said that would be no payment at all, and objected to appeared much offended that his word should be doubted—I had some conversation with Mr. Wood, and the result was, that on the prisoner giving his word as a gentleman that he had effects there, either 105l. Mr. Wood took the cheque—he gave his word that he had either 105l. or 150l. at the Northern and Central Bank at Liverpool—on
receiving this cheque the clothes were left—this is the cheque—(looking at it)—read—" August 18, 1838—To the Manager of the Northern and Central Bank, Liverpool, Pay 34l. 17s. 6d., William Beardsworth."—I saw him write that cheque—from information I received I went the same night to the Britannia at Limehouse—(the clothes were not delivered till we got the cheque, except the first suit)—I found at the Britannia a box, which is here, and in it part of the goods which were delivered to him, but the most expensive clothes were gone—I remained there, and about eleven o'clock on the Sunday night the prisoner came to the house—I caught hold of him, and told him he had proved a great villain towards me—he begged and prayed me for God's sake not to give him into custody, and said he had no intention to defraud me—I told him that it had every appearance that he had, and told him there was no such bank as the cheque was drawn on—he said he merely gave that because his friends would take it up—he was taken to the station-house—I did not notice what he said—on the Monday as he was going before the Magistrate, he said he merely saw the name of the bank in the Directory, and that he had no money there.
Cross-examined by MR. PAYNE. Q. Did you first mention the goods, or did he ask you to make the goods? A. I asked him if he wanted any thing—I first spoke to him—I had known him some years before, but had lost sight of him—I told him my name—on his telling me he was going to Jamaica, I said I should be very happy to make the outfit—I did not at all press him to take more goods than he ordered—he got the prices before he gave the order, and told me he must have them at as low a rate as he could—some of the articles were light, and some were of cloth—when we hesitated about the cheque, he said we might keep the things until they were paid for if we doubted about it—they were made to fit the prisoner—he was measured for every article he ordered—he begged me not to give him into custody, and asked me to take him to Mr. Wood—I did not understand him to say that his friends would have money paid into the bank to meet the cheque—(looking at a letter)—I cannot say whether this is his handwriting—I never saw him write anything but this cheque—I should say it was not, myself—I told him that at the time he wrote the cheque he knew the bank had stopped payment—I mean to swear that he said he knew the bank had stopped payment—I had transactions with him about seven years ago—he paid me honourably then.
MR. BALLANTINE. Q. Have you had a farthing of this money paid to you? A. No.
JAMES WOOD . I am the master of John Goodman. I went with him to the Saracen's Head to see the prisoner, on the 13th of August, in consequence of receiving a letter—he said he wanted an outfit, as he was very shortly proceeding to the West Indies—he chose his patterns, and ordered a quantity of clothes of each sort—on the following Thursday evening he came to my house, and said he wanted one suit of clothes, to go down Gravesend to a party of friends, and I sent them next morning—on saturday, by appointment, I took the goods in a box to the Saracen's head—he asked me for the bill, I gave it him—he asked me if there was any discount—I said "No, it was contract price, and no discount"—he said he would pay me a cheque—he drew a cheque—I saw it was on a Liverpool bank, and I said a cheque on a Liverpool bank was no payment to me, unless I was perfectly satisfied he had effects there—he said he never had his
honour disputed before, and had travelled all over the country and had paid cheques—he said he had from 105l. to 150l. in the Northern and Central Liverpool Bank, he could not be certain which—I called my foreman out, to question him on his previous knowledge of him—I took the cheque, after about an hour's consultation, and left the clothes—the prisoner said I should find it all right—I would not have left the clothes without having the cheque—I immediately went to the Bank of England and got information—I afterwards, went to the Mansion-house, then to Grote and Co.—the cheque was then sent down to Liverpool by post, by the inspector of the police—I traced the prisoner down to Limehouse, and found a box with some of the clothes in it, but the greatest part of them taken away—I aw the prisoner on Monday evening, going to Lambeth-street—he said, "Now Wood, would it not be better for you to get the money than to prosecute me?"—I said, "I have nothing to do with it, I will not compound a felony with you."
Cross-examined. Q. How long before the clothes were delivered was the arrangement for payment made? A. They were left immediately on his giving me the cheque—I let him have them, in consequence of his telling me he had money in the Bank—I never saw him before.
MR. BALLANTINE. Q. Unless you had believed the cheque to have been a good one, you would not have given him the clothes? A. Certainly not, nor if I had supposed there was no such bank—I have received no money from his friends on the cheque.
WILLIAM BUTLER (police-constable K 80.) I took the prisoner into custody at the Britannia, on Sunday night—I searched him, and found four duplicates, one sovereign, and 9 1/2 d.—I found the box and clothes in it there—at the station-house, he told the inspector he had searched the Directory, and found no such a bank as the Northen and Central Bank at Liverpool, and if there had been such a bank he had no money there.
THOMAS EELEY . I lived with Mr. Walker, a pawnbroker in the Commercial road, Limehouse. On the 18th of August, two coats, two pairs of trowser, and a waistcoat, were pawned at our shop for 4l. 10s., in the name of John Edwards, by the prisoner, between two and three o'clock in the afternoon—the things are not here—I have since left my employ—I showed them at the police-office to Mr. Wood, and they were die same goods.
JOHN SYMONS . I am an inspector of the K division. I was at the station-house on the Sunday night, when the prisoner was brought there—I heard Goodman charge him with having committed a forgery—the prisoner said, "Goodman, it is no forgery, it is my own handwriting"—I showed him we cheque which I had received from Goodman, he said it was his handwriting—I asked him if he had any effects in that bank—he said he had no effects there, he merely took it from the Directory—I saw him searched—one duplicate found on him was for goods pawned at Walker's for 4l. 10s—I have been down to Liverpool since the last sessions, and made inquiry, as to the existence of the Northern and Central Bank, and cannot find any such bank in Liverpool—there is no number or street on the cheque—I produce a certificate from the Northern and Central Bank at
Manchester—I made inquiry there, and found there was no such bank as that in existence at Liverpool.
Cross-examined. Q. Did you understand there had been a branch at Liverpool which had stopped payment? A. I understood so—it stopped payment in January, 1837—I found the name in the Directory—I produce the box of clothes found, and the property in it.
GUILTY .* Aged 27.— Transported for Seven Years. (The prisoner has been three years in the Penitentiary, which he left in March last.)
RICHARD JOHNSTON . I live in Long-lane. On the 4th of October I was in Long-lane—I saw the prisoner go behind the prosecutor—he was with two more boys, about his own size—I saw him take the handkerchief from the gentleman's pocket, and put it under his waistcoat—I ran, caught him, and gave him in charge—he threw the handkerchief under a stall—the policeman picked it up—that was close by where I stopped him—I had got about half-a-dozen yards from the spot where I stopped him.
Prisoner. Q. Did you see me take it? A. Yes, I did.
JOHN YATES , City police-constable. No, 99. I produce the handkerchief, which I got from under the oyster-stall, in the direction in which the prisoner had run—persons had run from the stall with the rest of the people, to secure him—I crossed from the sheep-pens, and took him—several gentlemen said the prisoner had thrown it under the stall.
Prisoner's Defence, I never went near the gentleman—I never had the handkerchief.
GUILTY .* Aged 16.— Transported for Ten Years.
EDWARD LAWRENCE . I live in Nicholas-lane, King William-street, and am an apprentice to Mr. Dennis Hickey. On the 20th of September the two prisoners came to my master's shop about two o'clock, and Smithers wanted to be measured for a waistcoat—I said my master was not in, and they had better call at four o'clock—they came at half-past five o'clock and my master was not in—I put down the name on the board, and saw the prisoner Atkins put a pair of trowsers into his bag, and the things in the window were thrown about—no one stood near the window but Smithers and the window was in order when he came in—one pair of trowsers were thrown from one part of the window to the other—I locked the door, and called my master—I came in with the officer, and the trowsen were not found on Atkins—they were thrown on the table again—the pair they had was worth 3s., and the other pair that was moved was worth 18s.
Smithers. I asked to see some patterns—he asked me my name, and began to write it down—he said, "Stop, I will go and get the pen and ink"—he went, and called his master and the officer—he seized Atkins and said, "You d—d rascal, put the trowsers out of the bag," and he had
none—the door was a glass, and he must have seen me if I "had put any thing out of the bag. Witness. I saw Atkins take one pair of trowsers, and put them into the bag, he then came and stood by the side of Smithers—Smithers said that Mr. Hickey had made him a coat before.
Atkins's Defence. The witness searched the bag, and found none in them—he gave me in charge for one pair—the next day he produced two pairs against Smithers and myself—I most solemnly declare we did not enter the shop with any dishonest intention, and we are innocent—I was never in prison before, and if I have justice I shall be acquitted.
Smithers's Defence. Lawrence's word is not to be taken, he has been out thieving himself.
ATKINS— GUILTY . Aged 23.
SMITHERS— GUILTY . Aged 26.
Transported for Seven Years.
HENRY WILLIAM DENMAN . I am a fruiterer, and live in Blackfriars-road. On Sunday evening, the 30th of September, between six and seven o'clock, I was on Blackfriars-bridge—I felt a slight pull at my pocket—I turned, and saw the three prisoners proceeding quickly from me—I put my hand into my pocket, and missed my handkerchief—the prisoners were five or six yards from me—I did not notice any one nearer to me than them—I told the beadle of the bridge—I followed the prisoners—they went a little way, came back, and I followed them to Ludgate-hill, and saw them attempt another pocket—they were all three in company—one followed behind the other two—in Bridge-street, Needham took a handkerchief, and I told the gentleman of it—I gave information to a policeman—I took M'Carthy, and the officer took the other two—M'Carthy had my handkerchief on him at the station-house, and another, claimed by Mr. Jackson.
Cross-examined by MR. PAYNE. Q. The beadle told them to go about their business? A. Yes—he struck them with the cane, and then they went off.
COURT. Q. How far was it from where you lost your handkerchief, till you saw Mr. Jackson? A. It was some considerable distance—Needham took Mr. Jackson's handkerchief and gave it to M'Carthy—they went to Ludgate-hill, and then turned back to Bridge-street—it was a quarter of in hour or twenty minutes from the time I first saw them till they were taken—they continued together all the time.
Cross-examined. Q. What are you? A. A plasterer—I have never been a witness before.
Cross-examined. Q. I believe Dorothy walked quietly with you? A. Yes—said, "Don't collar me"—he went quietly. (Property produced and sworn to.)
M'Carthy's Defence. I went to the Borough, and this boy brought me the handkerchief—I did not know where he got it from.
Needham's Defence. I was walking on the bridge, and saw these two boys walking together—we then went on to Farringdon-street, and when we got there I was taken.
(Dorothy received a good character.)
M'CARTHY— GUILTY . Aged 16.
DOROTHY— GUILTY. Aged 15. Recommended to mercy by the jury,
Confined Three Months.
NEEDHAM*— GUILTY . Aged 17.— Transported for Ten Years.
OLD COURT.—Tuesday, October 23rd, 1838.
Second Jury, before Mr. Recorder.
GUILTY. Aged 19.—Recommended to mercy by the Prosecutor. Confined Three Months.
WILLIAM WICKWAR . I am clerk to Mr. William Magnay, of College Hill, a wholesale stationer. On the 21st of September, a man came to the counting-house and presented this order—he asked for a ream of paper—I let him have the goods, supposing they were for Mr. Gadden—he said he came from Mr. Gadden, who is a machine-ruler, and an occasional customer of Mr. Magnay's—the business is carried on in the name of William Magnay and another—he has no partner that I am aware of—I identify the prisoner as to taking the goods for one order—I cannot identify him as coming more than once—whether he came with this order I cannot say—I cannot say the day on which I supplied him—I supplied the man that came in both instances, but I recollect him only once—I cannot say whether I supplied him with paper on that day or the 29th—I executed both orders.
Cross-examined by MR. PHILLIPS. Q. Was not all you said before the Magistrate that you believed it was him? A. Yes, I believed him to be the man, but I could not identify him as the man I delivered the goods to on both occasions.
NOT GUILTY .
GEORGE MAGNAY, ESQ . I am in partnership with my brother, william Magnay, we carry on business on College Hill. On the 19th of September, about five o'clock in the afternoon, the prisoner came to the counting-house produced this order, and said he came from Mr. Gadden, and wished to have a ream of Wilmott's Imperial—Gadden sometimes signs an order at full length and sometimes in initials—I have frequently executed an order in initials, and this is in initials—I gave the prisoner the paper myself, believing
him to come from Mr. Gadden—I have no doubt of the prisoner's identity—he was in my presence from five to seven minutes—(read)—" Please to let the bearer have one ream of Imperial, of Edwards's make, or any one near it—W.D.G."
WILLIAM DANIEL GADDEN . I do not sign orders with my initials—I sign the name of the firm, "William Daniel and Edward Gadden"—I generally sign at full length—but sign in the initials of the firm sometimes, and those requests have been complied with—this request is not in my handwriting, nor did I authorise any one to write it—the prisoner is not in my employ in any way—it is not my partner's writing.
Cross-examined by MR. JONES. Q. It is not at all like your writing is it? A. No, nor is this the way in which I sign—my partner is not here—no person but myself writes orders—I never go out—I always conduct the in-door business.
(Stephen Scuddamere, a box-maker, Crow-street, Bethnal-green-road; Benjamin Hawkins, Trinity-lane, Queenhithe, a packing-case maker; T. H. Hexton, a plasterer; and Joseph Matthews, of London-wall, deposed to the prisoner's good character.)
GUILTY . Aged 53.— Transported for Seven Years. (There was another indictment against the prisoner.)
ROBERT LETCHPORD . I am warehouseman in the service of Thomas Butler, a chemist, at the corner of St. Paul's churchyard. The prisoner was employed as errand boy—I sent him out on Friday morning, the 5th of October, about eleven o'clock, with a £10 note and three sovereigns to pay for goods—he did not return—I made inquiry, and gave information to the officer—the prisoner was to pay 10l. 2s. 6d. to Mr. Prout, in the Strand, and money to different people—the money belongs to my employer—Prout is not here, as we did not think it necessary.
NOT GUILTY .
ROBERT BARCLAY . I live in Farringdon-street, and am a patent medicine vender. On the 5th of October I paid a cheque of £11 14s. 1d. on the Bank of England to a man bringing goods from Mr. Butler—I have the cheque returned by the Bank as paid—(producing it)—I paid it for Mr. Butler—I do pot know the prisoner to be in his employ, but I paid the cheque to a person bringing the goods—I cannot swear to the prisoner—I left the bill of parcels at the Mansion-house—it was not returned to me.
HENRY ISON JEBBETT . I am a serjeant of the City police. 1 apprehended the prisoner at a beer-shop at Aberistwyth, in Wales—I told him I apprehended him for robbing his master, Mr. Butler, in St. Paul's-church-yard—he stoutly denied knowing Mr. Butler, or ever having been in his employ—he said he had been to America, and fell from the rigging of the vessel and hurt his chest, and had been in the hospital at New York, and had not been in England for four years—I took him to the Talbot Inn, searched him, and found nine sovereigns and a half in gold, and 9s. 6d. in silver—this was on Monday, the 8th of October—I asked him where his
trunk was—he said it was at the house of a relative, but he could not get at it that night—I sent and got it—he said he had lost the key, but I said I should break the lock off, and he then produced it—I found the clothes in it which he wore in the prosecutor's employ—in his trunk I found a bill of parcels for a watch bought in Piccadilly on the day he left London—I found the watch on him—I then asked him if he would still continue to say he had not been in London, when the bill was dated the 5th—he said "It is no use to deceive you, I am the person you are looking for"—he said he had changed the cheque he had received at Barclay's for sovereigns at the Bank of England, and that was all the money he had got left—he accounted for all the money within 5l. or 6l. by saying what he gave for the articles found in his trunk and travelling expenses—he said he had in all 24l. odd—when I told him the amount of the bill at Barclay's I said 11l. 14s. 1d. and he said, "No, it was three halfpence," which is the amount of the bill of parcels.
ROBERT LETCHFORD . The prisoner was in Thomas Butler's employ—I sent him to Messrs. Barclay, of Farringdon-street, to receive 11l. 14s. 1d—he was to return with the money—I did not see him again till he was apprehended.
GUILTY .* Aged 18.— Transported for Seven Years.
FRANCIS RAWLINS . I am in the employ of Eliza Niblet, a pawnbroker in Farringdon-street. The prisoner was a customer at the house—she came on the morning of the 22nd of September to pledge some articles, and while returning from the back shop to the front to go out, I saw her take these trowsers down—I followed, and brought her back with them.
Prisoner. I suppose my cloak brushed down the trowsers—I trod on them first, then stooped and picked them up. Witness. She went across the road with them—I stopped her in possession of them.
(The prisoner put in a petition for a lenient sentence.)
GUILTY . Aged 41.— Confined Three Months.
GUILTY . Aged 23.— Confined Six Months.
THOMAS GOTOBED . On the 19th of September I came from Brighton—I had my handkerchief in my breast-pocket, and on opening my coat it fell out, and I put it into my great coat pocket, at Charing-cross—I called a cab, and went to Suffolk-place East, and missed it there—it must have been taken while I was getting into the cab.
Prisoner. Q. Did you observe me near the spot? A. I cannot say that I did.
SAMUEL MATTHEWS (police-constable L 29.) I took the prisoner into custody, at Charing-cross, on the 19th of September, about a quarter past four o'clock in the afternoon, and in his coat pocket I found the handkerchief, which I produce—I asked him where he got it—he said it was his own, and he had had it in his possession for the last two months—he was standing by the Worthing coach—two gentlemen gave me information, that made me search him.
THOMAS GOTOBED re-examined. I arrived about five or ten minutes after four o'clock—this is my handkerchief—it has no private mark on it, but I had one of this pattern when I came from Brighton—none of my handkerchiefs are marked—I have no doubt it is mine—it was folded up and quite clean, as this is.
Prisoner. Q. When you were told to take me into custody, did I offer to resist? A. No—the people on the Worthing coach pointed out to me the way he had stolen it, in his presence—they said, as Mr. Gotobed was seating himself in the cab, he drew the handkerchief out, pretended to be using it, and then put it into his own pocket—he replied, "You know I have not got it"—the people said they should know it—I took hold of him, and took it out of his right hand pocket, and they said it was the handkerchief—all this was in his hearing—he said he had got no handkerchief more than his own.
Prisoner. I said I had no handkerchief but what belonged to me—I had three in all—the property is my own, I had had it two months previous to the charge. Witness. I found another handkerchief in his pocket—I found in his pocket a requisition to be the driver of a hackney carriage—the handkerchief has never been washed—he said at Bow-street that he bought it in Field-lane, where there are thousands to be sold.
GUILTY .*Aged 27— Transported for Ten Years.
HANNAH MOORE . I am the wife of John Moore, a farmer, at Harefield, in Middlesex., We lost some fowls—the constable brought one to me, which had been recently killed, and it is mine—I have not seen the rest—I saw the prisoners in custody.
JOHN LARKIN . I am a constable at Ickenhara, in Middlesex. I was turning from Uxbridge, on Saturday, on horseback, and met the prisoners in the High-road, between 300 and 400 yards from Moore's house—Holland's hands were bloody, and his jacket also—I said, "Bolland, I suspect you have something in your pocket which does not belong to you—I shall search you"—he immediately slipped by my horse, jumped over the rails and ran away—I took Dear, and a fowl fell from his breast—he said he had picked it up down by the hill—I took him to the cage, and took the fowl to Mrs. Moore—Bolland's pockets were swollen out—he escaped—I sent a note to give information at Uxbridge, and he was taken that evening.
CHARLES MURRAY . I am a constable of Uxbridge. I apprehended Bolland in consequence of receiving a note from Larkin, in Uxbridge between six and seven o'clock the same evening—I searched him, and found nothing on him—he changed his clothes between Saturday and Monday when he was taken before the Magistrate.
BOLLAND*— GUILTY . Aged 17.— Transported for Seven Years.
DEAR— GUILTY . Aged 19.— Confined Three Months.
NEW COURT.—Tuesday, October 23rd, 1838.
Fifth Jury, before Mr. Common Sergeant.
GUILTY. Aged 34.—Recommended to mercy. Confined Six Months.
JOHN SHEPHERD MATFIELD . I live at Ware, in Hertfordshire, and am a builder. About one o'clock in the day, on the 9th of October, I was passing over Blackfriars-bridge—an officer gave me information, and my handkerchief was gone—this is it—(looking at it.)
JOHN PALMER . I live in West Harding-street. On Tuesday, about one o'clock, I was passing the west side of Blackfriars-bridge, and saw the two prisoners behind the prosecutor—both together—I observed Martin take bold of the prosecutor's pocket, take the handkerchief out, and give it to Chapman, and they both crossed the road together—Mr. Mayfield went on one side and the two prisoners on the other—I gave information to an officer—Smith caught hold of the prisoners, and while he turned his head to call the prosecutor, one of the prisoners threw down the handkerchief—I cannot say which it was.
Martin. A. gentleman passing took up the handkerchief, and gave it him. Witness. Yes, he did.
Martin's Defence. I had' been for work—I met this young man, whom I had known before—in crossing the bridge to speak to him, the gentleman came and took me—I know nothing of the handkerchief—I could not take a handkerchief out with one hand, and my right hand is very bad—my master keeps the King's Arms in Theobald's-road.
CHAPMAN*— GUILTY . Aged 21.
MARTIN*— GUILTY . Aged 20.
Transported for Ten Years.
THOMAS FARNCOMB EDOINOTON . I live in Hertford-place, Old kent-road. The prisoner was my servant—on the 15th of September I missed a coat—I made inquiry among the work people, and afterwards questioned
John Heaven—we were about to search his house—I spoke to the prisoner about it—he denied having taken it at first, but afterwards he said he took the coat from the room, and taking it down stairs the handkerchief that was in the pocket came out.
Cross-examined by MR. PHILLIPS. Q. Did you not say, "There is no use in your denying it; it is better to tell the truth?" A. I did not question him myself—my father questioned him—he did not make use of such an expression in my hearing—I will swear I did not myself—I was not in the room the whole time—he never told me he did—this is my coat and the one I missed.
Cross-examined. Q. Did you ask him whose it was? A. Yes—he said it was his own.
(The prisoner received a good character.)
GUILTY. Aged 21.—Recommended to mercy by the Jury Confined Three Months.
2271. JAMES STREET was indicted for embezzling, on the 29th of July, 1l. 18s.; on the 12th of August, 1l. 19s.; and on the 9th of September, 2l.; which he received on account of Mr. Scott Bowditch and another, his masters. Also, on the 27th of September, embezzling 1l. 18s. of his said master's; and stealing, on the 30th of September, 19 gallons of spirits of wine, value 16l.; 2 gallons of gin, value 1l. 2s.; and 6 bottles, value 8s.; the goods and monies of his said masters; to all of which he pleaded
GUILTY . Aged 27.— Confined Three Months.
GEORGE NEWMAN BLANCHARD . I live in St. Paul's Church-yard. About nine o'clock on the 22nd of September I was walking through Leadenhall-street—I felt a tug at my coat pocket—I looked over my left boulder, and saw my handkerchief passing from my pocket—I had a lady on my left arm, and I saw the handkerchief passing behind her—the prisoner was endeavouring to pass by the side of the lady—I reached across, and seized him—the handkerchief was then on the ground—I did not see any person but him near it—I held him—he said it was not him that took it—he said, "Here is your handkerchief," and kicked the handkerchief to some other boys—the other boys took it up and said, "Here is your handkerchief"—I said, "Thank you," but still held the prisoner—he seized me by the collar, got from me, and ran off—I pursued, and he ran into a policeman's arms.
Prisoner. I had been to the Docks, and was passing this gentleman,—he turned and took me by the collar, and two lads were there—one took the handkerchief up, and gave it to him—he said, "Here is your handkerchief," and the gentleman took it out of his hand. Witness. There was no one on the side that he and the handkerchief were—the others were on the other side of me.
NOT GUILTY .
GUILTY .—Aged 43. Confined Three Months.
GUILTY . Aged 16.— Confined Three Months: the last week solitary.
JOHN VARNEY . I live in Middleton-street, and am a carpenter I was passing Blackfriars Bridge on the 27th of September—I felt a tug at my pocket—I turned round, and saw the prisoner throw my handkerchief into the gutter—I told the policeman, and took him—this is my handkerchief—(looking at it)—and the one he threw down.
Prisoners Defence.. I was coming over the bridge—there was a narrow place and some boards up—the gentleman caught me, and gave the officer charge of me—I was very tipsy.
GUILTY .* Aged 18.— Transported for Ten Years.
WILLIAM RUSSELL . I am in the employ of Mr. Eaton, a silversmith, and live in Jewin-crescent. The prisoner was in his employ—about three o'clock on the afternoon of the 10th of October, I was in the work-shop and the prisoner came in with a soup-ladle in his hand—he put his hand into the skin which contains silver filings, and in bringing something out, some silver dropped from it—I mentioned it.
Cross-examined by MR. JONES. Q. How far were you from him? A. About three feet—the place is called the filing place—each man has his filing place—they only went—there when they had work to do—he went to Mr. Chandler's place.
HENRY CHANDLER . I have the care of the skin where the filings are—I missed 20z. 15 dwts.—I received information from Russell, and followed the prisoner down stairs—he went towards our fire-place, and he looked round to see if any one was following him—he took our spring tongs in his hand, but he had no work then in the fire—I was close to him—he went round to the entrance of the water closet, and there he attempted to get rid of a box from his pocket—I said I had information that he had got some of my filings—he said, "Nonsense"—he ran up stairs, then came down again, and I took him—he had the box under his apron—the filings were not in it—some were found at his feet—he had no business to go to my place and take filings.
Cross-examined. Q. What sort of a box was it? A. A large round copper box, not such as the men carry about—we have a tin can kept in
the shop—each man is responsible for his own filings, and takes care of his own can—we do not carry the can about at the bench I am in—he does sometimes—there are cans for every man—my place is called the filing place—other men never go and file there—they may on some occasions—I have seen them there frequently—I was not at my place at that time—I have been about fifteen months in my master's service—I was discharged two years and a half ago, as an unpleasantness occurred between me and a shopmate about a waistcoat—they could not prove that I stole it—I was charged with it—a policeman came, and I was dismissed in a day or two—I worked in one situation seventeen years.
JOHN SMITH . I am a porter to Mr. Eaton. I was at the place where the filings were dropped—the prisoner dropped them from a box that he took out of his right-hand pocket—they weighed 20z.—he was in the shop when he dropped them—the filings are here now.
Cross-examined. Q. Would not this box hold the filings that a man. might have in a day's work? A. Yes; but it is not a regular thing—this is what he terms a tobacco box—he told me he was in the habit of carrying his filings in this box—I have known him two years and a half—he always bore a good character as far as I knew—I heard him say to the Magistrate that he dropped a bit of lead into the skin, and put his hand in to take it out.
WILLIAM EATON . I was in the counting-house—I saw nothing of this—I can identify these filings by their similarity to those in Chandler's skin—there was a peculiarity in the work he was doing that morning—there were scrapings as well as filings, which makes the similarity more apparent—the prisoner had been full four years with me—he had a good character.
GUILTY. Aged 45.—Recommended to mercy by the Jury , Confined Six Months.
GUILTY . Aged.— Confined Three Months.
2278. CATHERINE HOWELL and WILLIAM THOMPSON were indicted for stealing, on the 6th of October, 1 bed, value 1l. 10s.; 1 bolster, value 10s.; 2 sheets, value 4s.; 2 blankets, value 5s.; 1 quilt, value 18d.; 1 table, value 18d.; 1 looking-glass and frame, value 18d.; 1 tea-board, value 1s.; 1 kettle, value 1s.; 2 saucepans, value 2s.; 1 flat iron, value 4d.; 1 shovel, value 6d.; 1 pair of bellows, value 1s.; 1 stove, value 5s.; 1 pail, value 1s.; and 1 frying-pan, value 1s.; the goods of James Stock.
FRANCES STOCK . I am the of James stock, and live in cock-lane Smithfield. The prisoners came to lodge with me—the woman came first and took the room, then the man came, and they lodged there as man and wife for one week—thought it necessary to go into the room, and missed all these articles—I have not been able to find any thing—they took the key with them.
Howell I took the pail to my business in the market, and brought it home at night.
CHARLES THORPE . I am a patrol of Fleet-market. Howell came to me and said she wished to give herself up, as she understood the man had robbed the room, and she was afraid to go home—I took Thompson holding a horse in Piccadilly—I told him what it was for—he said, "That b—told you."
Howell. I did not tell him the man took the things—what I took out was for my use in the market.
Thompson. I never took anything out.
HOWELL— GUILTY . Aged 44.— Confined Three Months.
THOMPSON— GUILTY . Aged 57.— Confined Nine Months.
2279. MICHAEL DAY was indicted for stealing, on the 1st of Octobor, 25lbs. weight of mutton, value 10s.; 1 sheet, value 2s.; and 1 smock-frock, value 3s., the goods of George Falkner; and that he had been before convicted of felony.
WILLIAM WELLER . I am in the employ of Thomas Butcher, of Orchard-street. On the morning of the 1st of October, I was in Newgate-street, and saw the prisoner go to a cart of Mr. Falkner's—he opened the tail and shut it—he went six or seven times—then he took the mutton up in his arms—it had a smock-frock and a sheet round it—he ran down Newgate-street—I pursued, took him, and gave him into custody—the policeman took the mutton out of the prisoner's arms.
Cross-examined by MR. BODKIN. Q. What time was this? A. Between eight and nine o'clock—there was no confusion—there were carts there, but the masters were all in the market.
GEORGE FALKNER . I am a butcher, and live in Queen-street, West-minister. I had a cart there with two hind quarters of mutton in it—I found the mutton in the station-house—the sheet and smock-frock were mine.
Cross-examined. Q. Are you sure it was mutton? A. I thought it was mutton—he was crossing the road—Weller took him, and I took the mutton out of his arms.
(The prisoner's master gave him a good character, and promised to provide for him.)
GUILTY. Aged 48.—Recommended to mercy by the Jury.
Confined Two Days.
of October, and asked for some black worsted gloves—while I turned to get them he took a satin scarf off the counter and put it under his coat—I saw him do it—my master came in, and I saw the prisoner go to the bottom of the shop and take nine handkerchiefs—I told him to put them down—he threw them down and ran out—I ran and took him, and asked him to put down the scarf—he dropped it, and said he had not been in the shop—it was dropped at the corner of Thread needle-street—I did not see him drop it.
GUILTY . Aged 22.— Transported for Seven Years.
2281. THOMAS WRIGHT was indicted for stealing, on the 29th of September, 10 yards of carpet, value 5s., the goods of James Stratford; and JAMES DAVIES , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
JOHN WILSON . I live at Amersham. I was porter at a sale at Iver, on the 28th of September, and there was a quantity of Venetian stair carpeting knocked down to Mr. Samuel Mason—he came for his lot on the Saturday, and it was gone—I saw it again before the Magistrate at Uxbridge—Mr. James Stratford was auctioneer and agent—it was lot No. 40, which is now produced—the sale was in Sandstone Cottage, which is in Iver, Bucks.
ROBERT MINCHINTON . At half-past seven o'clock on Saturday, I stopped James Davis, in the High-street, Uxbridge—he had a sack with this carpet in it—I asked what was in it—he said he did not know—he untied the sack and showed me—he said, he brought it from the ostler at the Green Man, to take it to the ostler's wife.
WILLIAM SHACKLE . On Saturday, the 29th of September, the prisoner, Thomas Wright, came with a wagon to my master's, at Ealing—he brought a load of goods—he brought a sack into the stable—he asked me to let it be there till he called for it—no one came till the following Saturday—then Davis came about seven o'clock, and I gave it to him—he said he came for it by order of Thomas Wright—he was to have called for it before—it was like this sack, and something was in it—but I don't know what—after that Wright came and said he was come for the sack he had left before—I said I had given it to James Davis, and he said I ought not to have given it to him—I said I did not know any difference—the Green Man is at Uxbridge.
JOHN WILSON re-examined. Wright was the wagoner of Mr. Johnson's wagon—I went to him, and said, "You have taken a piece of carpet by mistake"—he said, "No, I have not"—I said, "I will go back to the house and fetch a piece of carpeting"—I went and fetched a piece, the fellow to it—he said, "I have not seen it at all"—I said, "If you have it, bring it back to Uxbridge."
Cross-examined by MR. PHILLIPS. Q. Did you not say you showed him a piece of carpeting, and told him if he should see such a piece it was put in by mistake? A. Yes—he might mean to return it—he asked me to search the wagon.
COURT. Q. When ought he to have come back to Amersham? A. He
comes no farther than Uxbridge—he would not have come there unless he came on purpose.
NOT GUILTY .
JOSEPH HUDD . I live in Great Titchfield-street, Marylebone. On the 24th of September I was walking with a friend in Broad-street, St. Giles's—I heard a cry of "Stop thief—I missed my handkerchief—it was produced to me in two or three minutes—this is it—(looking at it)—I saw it safe about a quarter of an hour before.
VERE PATTEN . I was passing the street, and saw the prisoner lift up the tail of the prosecutor's coat, and take the handkerchief from his pocket—I laid hold of him—he dragged me across the road, and threw the handkerchief into the road—I believe this is the handkerchief—it was taken up immediately—I gave the prisoner in charge.
GUILTY .* Aged 19.— Confined Three Months.
WALTER ROBBINS . I live at Blackwall. On the 11th of October I let a watch, seal, and key, hanging in my stable, at twenty minutes past seven o'clock—I had employed the prisoner that morning to assist me—I missed the watch at five minutes before eight o'clock—only the prisoner had been in the stable—I was in the yard, within sight of the stable door, attending to the omnibus—there was nobody in the yard but my master and me—the prisoner went that morning, without finishing his work, and he had not had any money—I found him the next day at Ongar, twenty—on e miles from London—the watch has never been found.
NOT GUILTY .
OLD COURT.—Wednesday, 24th October, 1838.
First Jury, before Mr. Baron Gurney.
GUILTY. Aged 49.—Recommended to mercy. — To find Sureties for his good behaviour, and attend to receive Judgment when called upon.
Before Mr. Baron Gurney.
MR. ADOLPHUS conducted the Prosecution.
WILLIAM RICHES . I live at Walton, in Suffolk. I was formerly in the service of Nalton Julian, and am now in the employ of his executors, Edwin Julian and others—they had two cart mares intended for sale—on Wednesday night, the 19th of September, the mares were turned out of the
stable into the straw-yard, which was secured with two gates, which have a latch and hank—the gates were fast at nine o'clock, and both mares in the yard—one was bay, and the other black—I was used to them so as to know them again—I went into the straw-yard about half-past five o'clock in the morning—the gates were then open, and the mares gone—I was not the first that went into the yard—business had then commenced—I traced the mares' feet-marks out of the yard—I came to London on the Friday morning, with Mr. Waller, one of the executors—I saw the mares on Sunday morning, at Mr. Schole's stable—they were those that were taken from the premises on Wednesday night—I am certain—I had not a doubt of then the moment I saw them.
JOHN SMITH . I was the first person who went to the straw-yard on Thursday morning—I found the gates latched, but not hanked, as they were the night before—I missed the mares—I knew them quite well when I saw them in London.
EDWIH JULIAN . Mr. Nathaniel Julian was my brother—I and two others are his executors. On hearing that the mares were missing I came to London from Dover, in consequence of a letter I received from Dixon's repository, having ordered rewards to-be offered—they were worth least fifty guineas.
FIAKCIS DUKES . I am employed at Dixon's Repository, in Barbican. On Friday morning, the 21st of September, the prisoner brought two cart mares to the yard—he said he had brought two cart mares for sale, and gave his name Thomas Ford ham, of Romford—he said, probably he might attend the sale, but in the event of his not doing so they were to be sold the best bidder—the sale was the same day, and from the shortness of the time I advised him to attend the sale—he then asked me what I thought they would fetch at the hammer—I looked at them in a hurry, and said I thought about fourteen or fifteen guineas each, but still advised him to attend the sale—Mr. Scholes had applied to me to send him two mares, and I ultimately purchased these two of the prisoner for 25l. and expenses—Mr. Scholes was to pay Mr. Dixon's expenses—it is a rule with us to pay for horses only on Monday, and not under any circumstances at any other time—on returning to the counting-house, about an hour after, I found a bill describing two cart mares as having been stolen—I sent the bill to the Elephant, in Fore-street, where Mr. Scholes lives, and he came to me—in consequence of what he said I wrote according to the directions in the handbill, and stopped Scholes from using the mares—I saw the mares on Saturday in the Old Bailey—they were the same—Mr. Julian and his man came to me on Sunday morning—I sent them to Mr. Scholes, and they owned the mares—we sent for Herdsfield, and met him on Sunday morning in Lad-lane on Monday morning he was attending in my house, and I received this letter by a porter, requesting the money for the mares—I wrote a cheqe with out a signature, enclosed it in a note, gave it to the man, and informed Herdsfield, who followed him.
THOMAS LAIDLER . I am a porter. On Monday, the 24th of September, I was in cheapside, where I stand—I saw the prisoner, who gave me a letter to go to Dixon's, in Barbican, and said there would be a small parcel to bring back—he told me to bring it to Williams's coffee-house, opposite the Post-office—I went to Dixon's, and they gave me a letter—I do not know what was in it—I gave it to the prisoner in St. Martin's-le-Grand—I
saw him in the street, and immediately Herdsfield came up and took him into custody.
THOMAS HERDSFIELD . I am a City police-officer. In consequete of information I received I waited at Dixon's Repository—I followed Laidler, and did not lose sight of him—I saw him deliver the letter to the prisoner, whom I seized with it in his hand—it contained a blank cheque.
JOHN SCHOLES . I am proprietor of the Elephant Inn, in Fore-street. On the 21st of September I received two cart mares from Dixon's Repository, and put them into my stable—they have been claimed by Mr. Julian—they are the same I received from Dixon's.
GUILTY . Aged 21.— Transported for Fifteen Years.
MR. CLARKSON conducted the Prosecution.
JOHN GRAY . I am groom to the Rev. Thomas Canning, of Elsenham, in Essex, five miles from Bishop's Stortford. At nine o'clock in the evening, on the 5th of September, I saw his gelding safe in the stable, which has a double door to it—the next morning, about half-past five o'clock, I missed it—I saw it again, on the 26th of September, at Bury St. Edmunds, in the stable of William Parish, and claimed it.
—JOHNSONS At the beginning of September I was at Dixon's Repository, at Barbican—the prisoner brought a horse up the yard—I asked him the price of it—he said he would put no price on it that day, it should go to the hammer and be sold to the best bidder—it was left there and sold the next day.
FRANCIS DUKES . I am clerk to Mr. Dixon, at the Repository in Barbican. I remember this horse being brought there, it was sold the next day for nine guineas to Watts, and he transferred it to Robert Hedges—I cannot swear that the prisoner brought it.
JAMES HIPPER . I keep a livery-stable in Cooper-street, City-road On the 7th of September I bought the gelding of Hedges, and sold it to Parish, at Harley-bush-fair, on the 10th of September, for 22l.
WILLIAM PARISH . I live at Bury St. Edmund's, and keep a public house. I deal in horses—I bought this gelding for 22l., at Harley-bush-fair—the prosecutor's servant came and identified it—it is now at livery in London in my name—I am sure I do not know the name of the place, but I can find it—the officer knows where it is, he put it there.
THOMAS LAIDLER . I am a porter. I carried a note to Mr. Dixon's clerk, at the Repository—this is it—(looking at one)— the prisoner gave it to me at the top of Cheapside, opposite Mr. Dennett's, on Monday, the 10th of September—he told me to take it to Dixon's and bring back a small parcel to him in St. Martin's-le-grand—I brought him a letter back, sealed up, and gave it to him—(note read.)
"Romford, Sept. 1st, 1838. "Sir—Please to give the bearer the amount for the bay gelding, sold at
your Repository on Friday last—Please enclose it in paper; by so doing you will much oblige, &c. T. F."
WILLIAM GOWER . I am clerk at the Repository. I received the note from Laidler, on Monday, the 11th of September—a cheque had been prepared for the money—I enclosed it in a letter, watered it, and delivered it to Laidler.
Prisoner's Defence. I was never one day from duty from her Majesty's Customs, to which I belong, from the 28th of January to the 11th of September, when I became sick, and went on the doctor's list till the 15th.
WILLIAM MAULDEN . I am a tide-surveyor in the Customs. I was at the Custom-house in London, at the beginning of September—I was there on the 4th—I cannot say whether I was there on the 5th or 6th, because every third day we are absent—I know the prisoner, he is a tide-waiter in the Customs—I cannot say that I saw him on the 4th—I did not see him on the 5th.
Prisoner. It is on the 10th they accused me of applying for the money for the horse, and I was then lying off Gravesend—I have nobody to prove I was on duty.
GUILTY . Aged 21.— Transported for Fifteen Years more.
Third Jury, before Mr. Justice Williams.
2287. WILLIAM JONES was indicted for burglariously breaking and entering the dwelling-house of Elizabeth Masters, about the hour of three in the night of the 28th of September, with intent to steal, and stealing therein 2 printed books, value 2s.; 1 pocket-book, value 1d.; 1 tobacco-box, value 6d.; and 1 canister, value 6d.; her property.
JOHN BUTCHER . I am a policeman. I was on duty on the morning of the 29th of September, about five o'clock, in Lewisham-street, and beard a noise on the stairs of a house, as if somebody was coming down stairs—I found the street-door open, went in, and saw the prisoner on the stairs, about half way up, standing still—he had a Bible in his hand—I went up, and asked what he did there—he said he had got there to deep a little while—I asked where he got that book from—he said he had picked it up in Park-street, yesterday—I took him to the station-house, searched him, and found a psalm-book, and a pocket-book containing duplicates, a tin canister, and a tobacco-box—I asked him where he got them—he said he had picked them up also—on examining the tickets, there was the name of Elizabeth Masters on them—that led me to Elizabeth Masters, who lodged at No. 68, Tothill-street—(there was nothing missing from the house I found him in)—I showed Masters the things—I examined the door-post of her room, and found a mark close to the lock of the door, where a chisel or something had been used to praise the bolt of the lock back—I found no instrument on him.
ELIZABETH MASTERS . I am a widow. I lodge at No. 68, Tothill-street—I had a bible, prayer-book, and psalm-book—I did not miss them till the policeman came, between eight and nine o'clock in the morning, on the 29th of September—I had seen them the night before, between ten and eleven o'clock, when I went to bed—I have only one room—I turned the key of the door when I went to bed, as it will not fasten without being locked—it was locked—about four o'clock I awoke, and found it open, but did not notice the mark on the post till the policeman came—these things
are mine—my name is in the bible—it was written by my little hot and girl—there are several names in it—all the articles are mine—the house is let out separately—the landlord does not live there—we each hare separate apartments to ourselves.
Prisoners Defence. I found the door open when I went to it, and went into the room—I did not wrench it open at all.
GUILTY of stealing in the dwelling-house, but not of burglary. Aged 19.— Confined Three Months.
Fourth Jury, before Mr. Recorder.
2288. GUSTAR KISSLER was indicted for burglariously breaking and entering the dwelling-house of Samuel Carter, on the 20th of October, at St. Peter-le-Poor, with intent to steal, and stealing therein 1 coat, value 12s.; 1 waistcoat, value 5s.; and 1 brooch, value 3s.; his property.
SAMUEL CARTER . I occupy the attic and basement of a house belonging to the executors of the late George Roberts, in the parish of St. Peterle-Poor—I have the care of the whole house—it is let out in offices—I pay 10l. a year for my part, and have a separate door. On Saturday, the 20th of October, about a quarter after two o'clock in the day, I was going up stairs to dress myself—when I came to my bed-room door, which is the front attic, I put the key in, and it appeared to unlock as usual, but would not open—I pushed it at last very hard, and forced my way in to the room—I found the prisoner standing against the door inside—I immediately collared him, rang a bell, and held him till assistance came, and secured him—I found a pocket-handkerchief spread on the floor, with my coat and waistcoat laid on it, which had hung on a chair before—I missed a brooch off the cushion on the table, which the policeman found in the prisoner's pocket-book—two hat-boxes in the room had been opened, but the hats were not taken—every thing in the room appeared to have been looked at and uncovered—several articles on the top of a chest of drawers, a bread-basket and knife-tray were taken down and placed on the floor, and a paper containing knives was torn—there was a bundle of house-breaking instruments found on a table, near the book-case.
JOHN GWYNNE , City policeman, No. 13. I was sent for to the attic of the house, No. 1, Warnford-court, and found the prisoner there, and in his coat-pocket I found a pocket-book, in which was a brooch, which Mr. Carter claimed—in his waistcoat-pocket I found five keys; and in a paper on a table in the room, six keys, two chisels, and a gimlet.
(Property produced and sworn to.)
Prisoner's Defence. I went into this house to ask for a German merchant named Shindler—I asked a man on the first floor, and he said, "Go up stairs, and ask for his name"—I went up, and on the second stairs I found a gold brooch—I went up, and found the room open—the gentleman came in and found me there.
GUILTY .* Aged 36.— Transported for Ten Years.
2289. CAROLINE WHITE and GEORGE BULGER were indicted for stealing, on the 27th of August, at St. George, Hanover-square, 2 watches, value 7l.; 1 watch-chain, value 3l.; 1 seal, value 12s.; 1 watch-key, value 5s.; 17 sheets, value 9l.; 2 pillow-cases, value 3s.; 2 table-cloths, value 2l.; 7 pillows, value 2l. 9s.; 2 bolsters, value 1l.; 3 blankets, value 1l.; 1 printed book, value 10s.; 4 curtains, value 2l. 10s.; 5 yards of linen cloth, value 12s.; 13 spoons, value 4l. 7s.; 1 cup, value 1l. 10s.; 1 set of fire-irons, value 15s.; 1 barometer, value 5s.; 1 pelisse, value 1l. 6d.; 2 pairs of trowsers, value 3s.; 9 shells, value 9s.; and 2 basons, value 5s.; the goods of Sarah Morgan, the mistress of the said Caroline While, in her dwelling-house.
MR. BODKIN conducted the Prosecution.:
SARAH MORGAN . I am a widow, and live in Coleshill-street, Pimlico, in the parish of St George, Hanover-square. On the 23rd of August I left for Margate, and left the prisoner White in charge of my house—she was sot in my service at that time, but had lived three times servant with me before—I left her entirely in charge of my house—the articles stated in the indictment were at that time all locked up in the bed-room and back-parlour, which is my bed-room—I locked both those rooms, and took the keys with me—she was to live in the kitchen, and sleep in the back-room on the first floor—she had no authority to go into the rooms that were locked up—I said I should be gone a fortnight, or it might be more or less—I returned on the 3rd of September, without giving any notice—I got home it half-past six o'clock in the evening—I knocked at the door, and found nobody at home—I waited an hour, and then the prisoner came, and I went into the house with her—I told her to get a fire and get my tea—I then went into my bed-room, and found it was unlocked and open, and the front room also—I saw the appearance of somebody having been there—I called her up, and said, "I have been robbed, it appears—you must know something about it"—she said, "Oh God!"—that was all she said—I went to the door, and called Mr. Newman, a tenant of mine, next door, to come in—I sent him for a policeman, who came and searched the place—every drawer was stripped, except some which had books in them—I missed all the articles stated—the watches and things were locked in drawers, which were wrenched open, and I lost about 40l. worth of articles.
Cross-examined by MR. JONES. Q. The female prisoner lived three times with you? A. Yes, I thought her honest—I never heard she was married—she lived with her mother, about half a mile from me—she did not tell me she had slept at home at her mother's at night—she knew it was uncertain when I should return—I have been a widow some years—my maiden name was Holland.
EDWIN SOAMES . I am a pawnbroker, and live in Paradise-row, Chelsea, which is ten minutes' walk from the prosecutrix's—I have two sheets and a pillow-case which were pawned by the female prisoner, on the 30th of August—I had known her for some years before.
JOHN DAINTREE . I am a labouring man, and live at Battersea. I know Bulger—about the latter end of August, I bought a child's pelisse, two pairs of trowsers, and a child's frock of him for 4s., and a pot of beer—I have known him from a child—I described him to Read, the policeman.
Cross-examined. Q. How came you to buy the articles? A. I have a child four years and a half old—Bulger said his sister was gone into the country, that he had a duplicate of hers, and had got the things out, and if I could buy them of him, the money would be acceptable—I had bought tickets previously of his sister-in-law, and thought they were hers—the prisoner always bore a good character—I have known him from a child.
apprehend the prisoner, Bulger—he said nothing to the charge when I told him what it was.
ROBERT M'KENZIE (police-constable V 44.) I know Mrs. Morgan's house—I saw Bulger go there in company with another man between ten and eleven o'clock at night, on the 27th of August—I did not notice his coming out.
(Property produced and sworn to.)
WHITE— GUILTY . Aged 17.— Transported for Ten Years.
BULGER— NOT GUILTY . (There were two other indictments against White.)
JAMES SHARP . I live in Rochester-row, North. On Monday, the 1st of October, at seven o'clock in the evening, Field came to my father's house alone with four collars, and asked me to buy them—I said my father was not at home, he must call again—at eight o'clock the same evening Hayes came, and said he had come for the money for the collars—I said my father was not at home, he must come in the morning—I told the policeman of it, and in the morning when Hayes came for the money, the policeman took him—I went to Mr. Dalton's to point out Field—Hayes did not say he worked for him—I believe he told the policeman so, but not in my presence—(looking at his deposition)—this is my writing—it was read over to me before I signed it—Hayes did not tell me he worked for Mr. Dalton.
WILLIAM SHARPE . Four collars were left at my premises on Monday, the 1st of October—I saw Hayes the next morning—he said he came respecting the price of the collars—I told him I understood he was to bring a back band, a chain, and a cart saddle—he wanted 1l.—I told him to send the right man who brought them—he said it did not make any difference, whether I paid him or the other—he then went away—the policeman followed and took him—the policeman fetched my son to Dalton's wharf to identify Field.
WILLIAM DALTON . I live at the Union-wharf, Westminster. I am not aware of losing any collars—both the prisoners were in my employ to drive the wagon—one for three years and the other five—I have seen the horse-collars, but cannot swear to them—I do not undertake to say that they belong to me.
NOT GUILTY .
JOHN MADLAM . I keep the Horse-and-Groom public-house, in King-street, Seven Dials. The prisoner was in my service and boarded with me—on the 30th of June, about twelve o'clock, I gave him a 10l. note to go to the distiller's to take up a bill—he was told the collector had! not returned, and would not be back till half-past four o'clock; and at half-past four I gave him eight sovereigns and four half-sovereigns to go and take it up, at Tancred's, the distiller's, in Vine-street—he never returned.
JOHN MANHOOD (police-constable F 65.) On Tuesday, the 2nd of October, I was on duty in Bow-street, and saw the prisoner—I asked what he was there for—he did not speak at first—he afterwards told me he was not very comfortable in his mind—I asked him what it was about—he said he had robbed his master—I took him into custody, and at the station-house asked him what it was—he said he had robbed his master of 10l., and bad lost part of the money.
JAMES HUGGINS . I am clerk to Tancreds the distillers, and live in Stamford-street. On the 30th of June, a bill for 10l. on the prosecutor, was lying at our house—the prisoner did not take it up—the prosecutor called and paid it.
Prisoner's Defence. I met some bad company and was robbed of the money.
GUILTY . Aged 18.— Confined Three Months.
2292. JOSEPH CHRISTOPHER MILLER was indicted for stealing, on the 29th of September, 1 bag, value 2s.; 2 pairs of trowsers, value 3s.; 1 jacket, value 1s.; 4 cravats, value 2s.; 2 handkerchiefs, value 3s.; 2 night caps, value 6d.; 2 waistcoats, value 6s.; 1 tea-pot, value 2s.; 6 plates value 6d.; 1 pair of shoes, value 4s.; 6 cakes, value 6d.; 1 cap-iron, value 1s. 6d.; 3 pairs of stockings, value 1s. 6d.; 1 pair of gloves, value 6d.; 4 collars, value 2s. 8d.; 1 flannel shirt, value 2s.; and 1 pair of drawers, value 1s.; the goods of Thomas Jannaway, in a certain port of entry and discharge.
THOMAS JANNAWAY . I live in Thomas-street, Lambeth. On the 26th of September, I left Hull, in the Wilberforce steam vessel—I had my things in a carpet bag—I saw them safe about twelve o'clock at night on board—I missed it very soon afterwards—I have seen some of them in the hands of the officer from Hull.
GEORGE WILKINSON . I am Captain of the Wilberforce. The prisoner was a fireman at the engine—his place was in the forecastle when not on duty—I examined his bed-cabin in his absence, and found a bag containing a stocking, a handkerchief, a pair of trowsers, and a flannel waistcoat, claimed by the prosecutor—they might be put there without his knowledge.
Prisoner. All the bed places are open, and have no locks—when I came down from my watch at twelve o'clock I found my bed place open—I inquired of my mate why it was—he said something had been found in my bed place, but I had not seen them.
(ROBERT BALL being called did not appear.)
NOT GUILTY .
GEORGE M'NALLY . I am a carpenter, and live in Park-street, Camdentown. On Tuesday the 9th of October, I was engaged to remove some furniture to the Regent's-park—I had a coat on which I hung in the hall—my pocket-book was in the pocket, containing a cheque of £50, which I received from Mr. Alger, in part payment of the work I had done for him—I missed my coat—the cheque was drawn on Praed's bank—this is it—(looking at. it)—payment was stopped—I wrote my name across the cheque when I received it.
Cross-examined by MR. PAYNE. Q. How long before you hung your coat up in the hall had you seen the cheque? A. About an hour and
three-quarters—I put it on a sofa inside the hall—I left the door open—it was a good way from the high road—I put my coat there about four o'clock on the Tuesday.
CLARKE EDWARD TOMALIN . I am clerk to Messrs. Praeds. On Wednesday, the 10th of October, the prisoner came to our banking-house between ten and eleven o'clock, and presented this cheque—I asked him where he brought it from—he said from Mr. Wheeler, of Prince-street, Red Lion-square—we detained him, and sent for an officer.
Cross-examined. Q. Are you quite sure you asked him where be brought it from, or where he came from? A. Where he brought it from, I think—I do not think I asked where he came from—I will not be quite sure—I wished to ascertain where he got the cheque—I asked him if his name was Wheeler—he said he came from Wheeler, of Princes-street.
THOMAS EVORS . I am a policeman. I apprehended the prisoner—I asked him where he got the cheque from—he said an entire stranger met him in the street, and gave it to him, and told him if he got it cashed, he should receive 5s. for his trouble—the prisoner called him self Joseph Wheeler—I found a card on him of a cabinet-maker named Baker—he said he was going to that person.
Cross-examined. Q. I believe he made the same statement at the station-house? A. I believe so—I found that he did reside at 15, Princes-street, Red Lion-square—it is his father's residence, and he was living with his father at the time—the prisoner's mother brought a person before the Magistrate as the person who had given him the cheque—I had not seen that man in his company—I believe one or two officers had.
(Eliza Haddock, widow, Three Cups-yard, Bedford-row; Ann Cooper, Princes-street, wife of a coach-maker; Elizabeth Booth, Princes-street; Robert Brodie, cabinet-maker, London-street, Tottenham-court-road; Charles Cowler, cabinet-maker, Holland-street; and John Setty, looking glass manufacturer, Red Lion-street, gave the prisoner a good character.)
GUILTY. Aged 20.—Recommended to mercy.
Transported for Seven Years.
NEW COURT.—Wednesday, October 24th, 1838.
Sixth Jury, before Mr. Common Sergeant.
2295. THOMAS JONES and REBECCA FISHER were indicted for stealing, on the 21st of September, 3 sovereigns; and 1 £5 Bank-note, the monies and property of John Thompson, from the person, of Mary Thompson.
MR. BODKIN conducted the Prosecution.
MARY THOMPSON . My husband's name is John Thompson—we live at Ramsay, in the Isle of Man. On the 21st of September I came by the Railway-train from Birmingham to London—I arrived at Euston-square about nine o'clock in the evening—I was looking for my luggage, and the
male prisoner came up to me—he attracted my attention to the first carriage, and told me that my luggage was there—I told him I thought it was not—he was quite a stranger to me—I had seen him in Birmingham—I had a pocket-book in my right-hand pocket—it contained a £5 note and three sovereigns—I felt it safe while the prisoner was speaking to me—my pocket-hole is in the centre behind—he stood on my left-hand side quite close—I lifted my hand to adjust my shawl, and felt a pressure on my right hip—I then put my hand down, and missed my pocket-book—the prisoner was still standing close by me—I turned round and seized him, and told him he had robbed me of my pocket-book—he said he had not—there were several ladies and gentlemen standing, but not near enough to touch me—I am quite positive of that—none of them had been so near as the prisoner—I called for the policeman—the female prisoner then came up, and said she could take me to the gentleman who had robbed me of my pocket-book, as she saw him do it—I had not at that time said anything about losing a pocket-book except to the male prisoner only—I told the policeman that I had been robbed of my pocket-book, and she must have heard it—I said that the man I had in charge I was confident was the who had robbed me of my pocket-book—Fisher passed very close by the male prisoner, and I felt confident she had received the book—she then mixed with the crowd—a policeman came and took the man, and ordered another officer to look after the female—I pointed out the female prisoner to the officer—the pocket-book was afterwards shown to me by the officer—it was the one I had lost.
Cross-examined by MR. PHILLIPS. Q. Had you seen the female prisoner before? A. Not to the best of my recollection—I have always been confident that she had received the pocket-book—I was examined before the Magistrate—to the best of my recollection I never said in any place that I" thought" the woman had received it—I never did.
Cross-examined by MR. CLARKSON. Q. When you took the man, did he not say that he was ready to go any where with you, and be searched by anybody? A. I do not recollect those words.
JOHN BOOTH . I am Inspector of the Police at the London and Birmingham Railroad Station at Euston-square—I remember the arrival of the trains by which the prosecutrix travelled—I heard a cry of "Police"—I went up, and saw the prosecutrix had hold of the male prisoner—she said "I am robbed"—she seemed agitated—I said, "What of?"—she said, "A pocket-book containing a £5 note and three sovereigns"—she said, "This man has robbed me of my pocket-book—I give this person into custody"—she said, "He has handed the pocket-book over to a lady dressed in black"—in consequence of that I took charge of the male prisoner, and gave directions to another officer to follow the lady dressed in black—I produce the pocket-book, which I received from the policeconstable, James Eart.
Cross-examined by MR. PHILLIPS. Q. Did you accompany the train? A. I am stationed on the spot—I cannot say exactly how many carriages came by the train—probably fourteen with passengers—there might have been many ladies dressed in black—I had not known the woman before.
Cross-examined by MR. CLARKSON. Q. What did you find on Jones? A. 9l. 10s. in gold; and 10s. 6d. in silver; a watch; and some other things—I took the whole of the money away but a few shillings.
MR. BODKIN. Q. What did you find on Fisher? A. 11 sovereigns and a half "a purse; 7s. 12 fourpenny-pieces; 2 keys; and a silk umbrella—I
gave 9 sovereigns and a half, 7s., and 12 fourpenny-pieces back to her by order of the Magistrate—I was present when a woman came up and spoke to the prosecutrix—I searched the luggage—I found no small blue box.
MR. PHILLIPS. Q. Were there any ladies' band-boxes? A. Yes; but Fisher's was described as a blue deal box.
JAMES EART (police-constable 222.) I am an officer at the London and Birmingham Station. I heard the prosecutrix call for police—I went to her assistance, and found the inspector there—in consequence of directions from him, I followed the female prisoner—she was dressed much the same as she is now, with the exception of a black bonnet—she went into a cluster of people, shuffling about very much, and was complaining of her luggage, saying, it was a small blue box, and desired me to look for it—I said I would not, she might go, and I would go with her—she then shuffled about some time, and stooped down—I peeped over her shoulder, and saw her drop a pocket-book—I took it up, and took her back to Mr. Booth, and said she had dropped a pocket-book, and I saw her—the immediately denied it—it contained a £5 note and one sovereign.
Cross-examined by MR. PHILLIPS. Q. Were there a great many persons about? A. Yes—all bustling about, and looking after their luggage.
Cross-examined by MR. PHILLIPS. Q. How comes it to have but one sovereign in it? A. It was gone long enough from me, I think, for any person to take anything out.
JONES. GUILTY .—Aged 29.
FISHER. GUILTY —Aged 19.
Transported for Ten Years.
JAMES GOODWIN . I am a cab-man, and live in Henneage-street, Spitalfields. I took the prisoner about five weeks ago, out of charity, to work for me—on the night of the 14th of September I lost a looking-glass and a pair of boots—these are mine—(looking at them.)
WILLIAM REASON . I am a watchman of Portsoken Ward. At half-past one o'clock on Friday morning, the 15th of September, I met the prisoner in the Minories with the looking-glass—I stopped him, and took him before the Lord Mayor.
Prisoner's Defence. I bought them in Whitechapel-road, and had them six months.
GUILTY . Aged 19.— Confined Six Months.
JOSEPH WILLIAMS . I live in the Cambridge-road, Mile-end-road. On Tuesday evening I was in St. Martin's-le-Grand—I saw the prisoner walking close behind a gentleman, and he drew this silk handkerchief from
his pocket—the gentleman turned, and called "Stop thief"—I and a gentleman I was with, pursued the prisoner, who ran across the road, and threw down this handkerchief—the gentleman took it up—the prisoner ran up in alley—I pursued and took him—the gentleman who lost the handkerchief gave the name of Winder, and that name is on the handkerchief, but he did not attend the next day, as he said he would, and they could not find him.
Prisoner's Defence. The gentleman turned and said, "I think you have got my handkerchief—I said, "No, I have not"—I said, "I have got this, take it," and he did—this witness came and said he saw me take it.
GUILTY .* Aged 14.— Transported for Ten Years.
JOHN OLLIFFE GRIFFITHS . I live at Uxbridge. I was at Uxbridge fair about nine o'clock on the 29th of September—I had a handkerchief in my pocket—I turned and saw the prisoner in the act of doubling up my handkerchief in his hand—this is it—(looking at it)—I was in the act of collaring him, and he threw it behind him—I secured him.
Prisoner. I picked it up, and had it three minutes in my hand. Witness. He could not—it was not two seconds before that I felt it safe in my pocket.
GUILTY . Aged 16.— Confined Six Months.
DAVID LERIGO . I live in Old Compton-street, and am a green-grocer. About nine o'clock, on the 29th of September, I was in Covent-garden—I had been purchasing some vegetables, and was paying for them—a young man told me I had lost my handkerchief—I put my hand into my pocket, and missed it—he said the man in the Petersham coat had robbed me—I went to the prisoner, and said he had got it—he said he had not, but that man had got it, who was going up James-street—I said, "Come with me"—he still kept saying, "There he goes"—I thought it suspicious—I said, "I think you have got it"—I opened his coat, and did not see it—I then felt in his trowsers pocket, and found it—this is it—(looking at it)—it was not more than two minutes after I missed it.
GUILTY .* Aged 18.— Transported for Ten Years.
GEORGE BAILEY . I live in Upper Norfolk-street.—The prisoner was in my employ—on the 10th of September my wife sent him out with several loaves of bread, and he left my service that day—there were deficiencies in his accounts.
take to our customers—he did not return that day—I received no money for the bread or flour.
Cross-examined by MR. PHILLIPS. Q. How long had he been in your employ? A. I think about six months—we had no character with him.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined Six Months.
SARAH ANN CUSHING . I am servant to Peter Poidevan, a jeweller, in Porchester-terrace. We lost three brushes and a towel on the 28th of September, from the wash-house—there is a wall which a man can get over—these are my master's—(looking at them.)
JAMES LANCASTER (police-constable T 60.) I met the prisoner in Porchester-terrace, Bays water, on the 28th of September, at five o'clock—he asked me the time, and at ten minutes before six o'clock I saw him get over the prosecutor's wall—I followed him, and saw him throw the brushes away over a fence, into a garden—I got the brushes—I went out after that and took him, and found the towel in his pocket.
Prisoner. I was very much distressed.
GUILTY . Aged 19.— Confined Three Months.
EDWARD READ MESBAN . About half-past six o'clock, on the evening of the 21st of October, I was in Devonshire-square—I felt a tug—I turned and saw the prisoner—I seized him, and my handkerchief dropped from under his coat—it had been safe in my pocket just before—he said another boy gave it to him—I saw another boy, but he escaped.
Prisoner's Defence. I saw another boy take hold of the gentleman's coat tail, and I did not know what he was doing; but he threw down this handkerchief, and the gentleman caught hold of me.
GUILTY .* Aged 13.— Transported for Ten Years.
EDWARD EBENEZER GAUNTLETT . I live in Queen-street, Cheapside. On the 10th of October I was in Skinner-street—I had a handkerchief—I felt a pull, and turned, and saw the prisoner walking away from me, about two yards off—I followed her to Cow-lane, and when I arrived there I seized her by the hand, and charged her with picking my pocket—she denied it, and offered to be searched—I said she should go to the station-house—my brother went for a policeman—in the meantime a stranger came up, and asked why I detained the prisoner—I told him—he said, "What is that behind the woman?" and it was my handkerchief—this is it—(looking at it.)
Prisoner. I never had it in my hand at all. Witness. I saw no other person near me.
GUILTY .* Aged 34:— Confined Six Months.
THOMAS BLACK . I live in Somers-Town. On the 22nd of September I was passing Gray's Inn-road, near the prosecutor's shop—I saw the prisoner take out his knife, cut the string of the handkerchiefs, and take the whole lot away—I gave information directly.
HENRY WILDING . I am in the service of Charles Daniel Loveday, a pawnbroker, in Calthorpe-place, Gray's Inn-road—we had some handkerchiefs hanging at our door—I received information, and missed six—I went round another way, and met the prisoner—he threw down these handkerchiefs—they are ray master's.
Prisoner's Defence. I did not have them in my possession.
GUILTY .* Aged 20.— Transported for Seven Years.
NOT GUILTY .
GUILTY. Aged 13.—Recommended to mercy. Confined Four Days, and Whipped.
GUILTY . Aged 15.— Confined Six Months.
2308. ETIENNE HUBERT was indicted for stealing, on the 2nd of October, 2 studs, value 1l.; 2 breast-pins, value 1l.; 1 neck-lace, value 10l.; 2 pairs of ear-rings, value 5l.; 2 brushes, value 4l.; 1 spoon, value 5s.; 1 neck-chain, value 15s.; 1 seal, value 1l.; 10 keys, value 3s., the goods of Caroline Fox: 1 watch, value 5l.; 2 seals, value 7l.; 1 key, value 2d. the goods of William Allen, in the dwelling-house of Julia Ann Barton.— also, 1 coat, value 10l.; 2 waistcoats, value 30s.; 1 pair of trowsers, value 2l.; 1 handkerchief, value 3s., the goods of George Jackson:—1 pocket-book, value 1s., the goods of John Stevens: 1 £20 Bank-note; 1,£20, and 2 £10 promissory notes, his property:— also stealing 1 coat, value 3l.; 1 pair of gloves, value 1s.; 7 towels, value 7s.; 1 comb, value 6d.; 11 keys, value 10s.; and 32 francs, the goods and monies of Lewis De la Poote, in the dwelling-house of William Thomas Lloyd: to which he pleaded
GUILTY .— Transported for Fifteen Years.
ROBERT MAGWOOD . I live in Chapel-street, Clerkenwell, and am a coal-merchant. At half-past twelve o'clock at night, on the 23rd of September, I was in Middleton-square—the prisoner came up to me—she appeared
very tipsy—she put her hand into my pocket and took out what silver I had—there was 10s. or 12s.—there were two half-crowns and four shillings—I told her she had robbed me—she denied it—she put it into her pocket, and took it out of her pocket at the station.
JOHN SMART (police-constable G 149.) I heard the call of police—the prosecutor held the prisoner by the arm, and said she had just picked his pocket of 10s. or 12s.—she denied it, while we were going to the station-house, she said her funds were low, and when at the station, she took from her pocket 11s. and a farthing, and said she thought it was halfpence—the prosecutor was sober.
Prisoner. I never said any such thing—at the station-house they asked what I had got—I said I had 5s. of my own, and all I had beside was what the prosecutor gave me—he was tipsy.
NOT GUILTY .
HENRY GODDARD . I am a surgeon, and live at Putney. On the 5th of October I left my phaeton in Oxford-street, and went to a druggist's shop, leaving a cloak in the phaeton—I came out in about two minutes, and it was gone—this is it—(looking at it,)
JOSEPH DAVIS LEATHART . I live at No. 19, Bank-place, Bays water. I was near the phaeton—I saw the prisoner and three others walking about, looking at different places, and talking together—they went to where the phaeton was—two of the party stood at the head of the horse—the prisoner and another kept behind—after a few seconds the prisoner and the other went round on the road side, the prisoner then looking cautiously round, went again, and in a dexterous manner drew the cloak from the seat, and gave it to another man—I crossed, and took the man—he struggled violently, and I took the cloak from him—the prisoner turned round, and I let go of the other, and took the prisoner—I said, "You are the thief, I will take you."
Prisoner. He said, "Here is the man that took the horse-cloth." Witness. I thought it was a horse-cloth—the coachman is here, but be did not see it.
Prisoner. I was twelve yards in front of the gig, and he came, laid hold of me, and said, "Here is the thief."
GUILTY .* Aged 19.— Transported for Seven Years.
MR. ESPINASSE conducted the Prosecution.
THOMAS SMITH . I am an apprentice to Mr. Collins, of Leather-lane, a butcher. On the morning of the 21st of September I was putting out a board in front of the shop—there was some meat inside—I saw the prisoner just inside the shop while I was taking the board out—when I came into the shop again, I saw him take a shoulder of mutton, put it into a cloth, and then put it into a cart which he had at the door—he was a slaughterman to Mr. Collins, and had brought home a caroass of beef that morning—I
think he had been there about ten minutes—a man was with him, who was in the shop on the left-hand side, when he took it—I then went to my master—he looked out of window, and then came down stairs, and assisted in taking one hind-quarter of beef out of the cart—he had some conversation with the prisoner—my master afterwards took the shoulder of mutton out of the cart, and said, "It is not the first time by a good many that I have missed meat out of my shop"—he held it up to the prisoner, and asked me whether it was his property—I said, "Yes, master"—the prisoner came to the door, and said to me, "It is half a neck and a shoulder of mutton, tell him it weighs 9 1/2 lbs."
Cross-examined by MR. PAYNE. Q. You saw him do it? A. Yes—I was not paying particular attention to what passed between my master and the prisoner—I had told my master of it before he found it in the cart, and he helped him to unload the cart—the prisoner and the cart went away—he has been in the habit of having things of my master now and then—he has from time to time had pieces of meat from the shop, and my master had fat in return for it—my master has had fat from him, and he has had meat—he had not sold three tongues to my master three weeks before this—the last tongues, I believe, were sold on the 23rd of May—I believe they were not paid for—there was a sort of running account—my master had tongues and fat from the prisoner and he had meat—he has been slaughter-man to my master nearly two years—this mutton was covered in a cloth, and in the straw.
COURT. Q. Was the man allowed to have meat without having it weighed? A. Certainly not—he had no authority to take it—he gave me no directions to enter it.
MR. ESPINASSE. Q. Was the prisoner's back to you when he took it? A. Yes, he said nothing to me when he took it—he did not weigh it.
EDWARD WILSON COLLINS . On the 21st of September I gave some directions to my apprentice, as I had missed something the preceding morning—on that morning, in consequence of something the apprentice told me, I looked into the cart, and found a cloth with a shoulder of mutton in it—I had not authorised the prisoner to take it—I held it up, and said, "This is my shoulder of mutton; this is not the first joint you have taken by a great many; there was half a leg taken yesterday morning"—he said, "Well, don't prosecute me, I will pay you for that, and I will pay you for this; I will give you 100l. if you won't prosecute"—he had no authority to go and help himself to mutton.
Cross-examined. Q. He acknowledged to having taken the piece the morning before? A. Yes—to the best of my knowledge I did not owe him for any tongues—I bought three tongues of him about three months before—to the best of my recollection they were paid for—I saw him about an hour after in Smithfield—I took him because he had robbed me—I had a struggle between duty and interest—he offered me 100l. or half-a-dozen oxen, which I pleased, if I would not prosecute—I had business at Smithfield, and then I went and took him at his house—I found him there after being denied three times—I got an officer, and had him taken for the shoulder of mutton and the half-leg—they were worth 5s.—he said he would defy me to prove he meant to steal them—I never went to try to get him out of custody—there was a strong temptation—a gentleman offered me 50l.—I went to ask whether it would not be my duty to have the other man taken.
Cross-examined. Q. Did he not say he had dealings with the prosecutor? A. Yes—I have known him five or six years—I never knew any thing against him.
(David Leopard, butcher, Cow-cross-street; George Bowles salesman, Newgate-street; William Holloway, butcher, Peter-street, Clerkenwell; William Morris, licensed-victualler, Cow-cross-street; William Clark, musical instrument-maker, Turnmill-street, Clerkenwell; Joseph Bean tripe-dresser, Cow-cross; Thomas Goddard, grocer, Wilsden-green; Philip Read, horse-slaughterer; Michael Chippin, boot and shoemaker; Thomas Hooper, oil and colourman, No. 18, Turnmill-street;—Gracey, No. 22, Cow-cross; and John Petcher, a hackney-master, Turk's Head-yard, gave the prisoner a good character.)
GUILTY. Aged 45.—Recommended to mercy by the Jury. — Transported for Seven Years.
MR. RYLAND conducted the Prosecution.
JOHN BALDWIN . On the night of the 4th of August I lost a goose—they were all put into the barn together—I have not seen it since—the prisoner lives about a mile from my house—White was working for me—and when I heard he knew something about it, I charged him—my son's goose was taken also.
Cross-examined by MR. HORRY. Q. Do you keep a beer-shop at Hayes A. Yes—it was on Sunday morning that I missed my goose—I cannot tell whether I had a dancing-party at my house the night before—I had a fiddler there, and I dare say the house might be open as late as eleven or twelve o'clock—I cannot tell how many geese were in that barn—a chap. I have sleeps there—sometimes I allow other people to sleep there—I am not aware whether any body slept there that night.
THOMAS BALDWIN . I am the prosecutor's son. On Saturday evening, between eight and nine o'clock, I saw my father's geese safe—there were some in the goose-house inside the barn—I could not see how many there were—the door was pinned inside—I went in the morning, but not till after my father.
Cross-examined. Q. Was there a party there that night? A. Yes, we had done haying, and it was a party of our own men—I cannot tell what time they broke up—I examined the barn—it was fastened up—I did not look to see that none of my father's friends were sleeping there.
JOHN WHITE . I was not quite fifteen years old—in August last I lived with Mr. Baldwin—he accused me of being concerned in this—on Saturday the 4th of August, I saw the prisoner—I had known him nearly all my life—between eight and nine o'clock that evening, he asked whether I would open the door for him to take two geese of Mr. Baldwin's—I said, "Yes"—nothing more was said—I went in-doors—in about an hour he came in and called for a pint of beer at Mr. Baldwin's—he asked me to go and open the back barn-door for him—that would take him to where the geese were—I opened the door—I came out and went in the house again—he then came in again, and said he had nicked one and he would nick another—he was talking about geese—I went that night and slept where the geese were kept—the next morning I saw some blood about—on the Monday my master charged me and I was taken up—that is all the truth.
Cross-examined. Q. Is that what you have always told? A. Yes, I am in custody now—I know a person named Keen—I saw him after I was discharged and spoke to him—he offered me three-pence—the prisoner was not in custody when I was—I cannot tell whether it was in consequence of my information that he was taken—it was not in consequence of receiving the three-pence that I offered to give evidence with regard to this prisoner that I know of—he and I came home together from the public-house—I do not know what day it was that I met him in this house, nor how many days it was after I was before the Magistrate—I cannot tell whether it was a week or two or three days—Keen was the first person that I told about this—he gave me the three-pence after I had told him that—nothing was said about three-pence before that—I do not know what he gave me three-pence for—I do not know how long it was before I told my master.
MR. RYLAND. Q. This matter of the goose took place on the 4th of August? A. Yes, and on Monday my master discharged me and accused. me—I went before the Magistrate—I do not know how long ago.
NOT GUILTY .
2313. WILLIAM LYONS was indicted for stealing, on the 7th of September, 1 key, value 3d.; 3 shillings, 1 sixpence, and 1 four-penny piece; the goods and monies of Herbert Joseph Champion de Crespigny, from his person.
HERBERT JOSEPH CHAMPION DE CRESPIGNY . I live at Ewell, in Survery. On the 7th of September, I was driving my gig in Weymouth-street—my gig was overturned and I broke my leg in two places—I was carried on a shutter to a house, and when in the bed-room I saw the prisoner there—he helped to take off my things—I had a key and about three or four shillings in my waistcoat pocket—I looked very hard at the prisoner—he seemed to look as if I should know him—he wanted to take my pin out of my shirt—I would not let him—I asked if he was a tailor living near there who had done some things for me—he said he was—but he is not—he was taken for something else, and then my pockets were searched and this money was missed—there were two sixpences and a few-penny piece that I had marked, and this key of my writing desk—I had marked one sixpence and one fourpence, the other sixpence I had not marked, but I can swear to it.
ROBERT KEBRUNT . (police-constable D 56.) The prisoner was given to me—I found on him a sovereign and several shillings, sixpences, and four pence—I found these that are identified, and the key—he was taken on another charge.
Prisoner. I had been out drinking, and assisted to take the gentleman to the house—I did not know what I had about me then, but I did the next day—I said I had been taking various small change—I am a glove-cleaner—I picked up the diamond pin belonging to the gentleman, and gave it him—I was very much intoxicated when I was taken. Witness. He was drunk.
GUILTY . Aged 25.— Confined Six Months.
shop, and left my coat on the seat—I came out in about five minutes, and it was gone—this is it—(looking at it.)
Prisoner. The cart was crossing the road—a boy was there crying, and said he had lost the coat—I went to speak to him, and this man came and took me—the coat was on the ground. Witness. He dropped it when I took hold of him—there were two others with the prisoner, but he took it.
GUILTY . Aged 20.— Confined Six Months.
ISAAC WILSON . I belong to the barque Nautilus— I am a Rossuil Finn. I went to bed with the prisoner on the 21st of September—I had five sovereigns in one pocket, and three half-crowns in the other—In the morning the policeman came to me, and I had not a halfpenny—I had a piece of paper in my pocket—this is it—(looking at it)—I am sure the prisoner is the woman I went to bed with.
Prisoner. Q. Did you not give me the money to sleep with you the whole voyage? A. I gave her 5s. not this money.
JAMES MANN (police-constable K 239.) I went to Mr. Warkminster's, and found the prisoner and another woman—I opened the prisoner's hand, and found one sovereign and three half-crowns—she said her brother gave her three sovereigns, and ten shillings the day before—I went to Blue-gate-fields, and found the prosecutor asleep—he said he had been robbed of five sovereigns and three half-crowns.
HARMAN WARKMINSTER . I keep a coffee-shop at Shadwell. The prisoner came to my shop at half-past five o'clock on the 22nd of September—she had four or five sovereigns in her hand—I told the policeman of it.
SARAH M'CUE . I keep the house No. 8, Blue-gate-fields. About eleven o'clock on this night the prisoner came with the man, and asked for a bed—they went up stairs, and a little while afterwards she came down with a shilling, and asked me to lend her a dish—she said she had had nothing to eat all night—she said nothing about the money.
Prisoner. I went to the coffee-shop for refreshment, and the man gave me in charge—I did not say my brother gave it me—I said it was man.
GUILTY . Aged 22.— Confined Six Months.
GUILTY .* Aged 16.— Transported for Seven Years.
2317. ELIZABETH WESTBROOK was indicted for stealing, on the 19th of September, 1 coat, value 16s., the goods of Edward Magin;— also, on the 22nd of September, 1 shawl, value 18s.; 2 pairs of trowsers, value 7s.; 1 gown, value 4s. 6d.; and 1 handkerchief, value 6d.; the goods of Benjamin Thomas: to both of which she pleaded
GUILTY .* Aged 18.— Transported for Seven Years.
GUILTY . Aged 14.— Confined Three Months.
2319. CHARLES LAWRENCE was indicted for stealing, on the 14th of September, 15 sovereigns, 1 £10 note, and 1 £5 note, the monies and property of Francis Abbott and another, his masters; to which he pleaded
GUILTY . Aged 17.— Transported for Seven Years.
2320. MARY ANN DOOLEY was indicted for stealing, on the 4th of September, 5 handkerchiefs, value 15s.; 1 scent box, value 1s.; 1 printed book, value 1s.; and 3 yards of tape, value 3d.; the goods of George Mansfield, her master.
GEORGE MANSFIELD . I live in Druro-cottages, St. John's Wood, and am a surgeon. The prisoner was my servant five or six weeks, and left me about a month ago—In consequence of something, I went to Mr. Hughes's house, and searched her boxes—I found these things—the value of the whole is 20s.—they are mine.
Cross-examined by MR. CLARKSON. Q. Are you single or married? A. I am married—'these are my personal articles—these handkerchiefs were bought for my wife—they are cambric—I have never quarrelled with the prisoner—she was rude once, but was forgiven, and then proved a good servant—she bad left me three weeks, before she was charged with this—I did not require before she left to search her boxes—I had no knowledge of her having stolen any thing, but having missed things, and seeing an umbrella in her hand, I mentioned it to my wife—there has been some quarrelling about what she has said about me or my family.
Cross-examined. Q. How? A. By my work—I can swear to the hemming—the prisoner abused me very much previous to leaving—these handkerchiefs were not marked—they were hemmed, but never washed—I had had them about three weeks.
NOT GUILTY .
Fifth Jury, before Mr. Sergeant Arabin.
2321. JOHN OWEN and FREDERICK FLETCHER were indicted for stealing, on the 6th of October, 30 lbs. weight of mutton, value 15s.; and 8 lbs. weight of beef, value 4s.; the goods of Henry Bellringer, the master the said of John Owen.
MR. PHILLIPS conducted the Prosecution, HENRY BELLRINGER. I live in the Strand, and am a butcher, Owen
was in my employ. On Friday night, the 6th of October I marked a quantity of mutton, and communicated to the police to be on the watch next day—it was Owen's duty to open my shop in the morning—about six o'clock, I saw the police-sergeant watching about—I then went into my shop, and found Owen—I missed a shoulder and a loin of mutton a hind quarter and a piece of sirloin of beef—this was about ten minutes, past six o'clock—I met with Tuck, the policeman—I took him back to the shop, and took Owen into custody—I told him that the meat which was then brought forward was mine, and I charged Owen with stealing it—he made no answer to it.
Cross-examined by MR. HORRY. Q. How long had Owen been in your service? A. Ten days.
MR. PHILLIPS. Q. Did you ascertain whether he came into your service with a true or false character? A. A false one, I am certain of it.
THOMAS POCOCK . I am a police-sergeant. About five o'clock in the morning of Saturday, the 6th of October, I placed myself near the prosecutor's shop-door—at a little past six o'clock the door was opened, and Owen came out of the shop, looked up and down the Strand, staid there half a minute, then went into the shop, staid a few minutes, and came out with another person—this other person went up a court which leads to Drury-lane—soon after I saw Fletcher come running as if he came from Charing Cross—on Fletcher's coming, Owen went into the shop, and Fletcher followed him in—Fletcher had a basket, which had nothing in it I am certain—he came out in three or four minutes, and his basket was very full—he went to Newcastle-street, where I stopped him—I asked him what he had got—he said meat which belonged to himself—I said I was an officer, he must go with me, as he came out of Mr. Bellringer's shop, who had lost a great deal of meat, I must take him—he said no more—I had not my uniform on—I found a shoulder of mutton, a piece of beef, and a loin of mutton in his basket—he had a coat on, which I told him to take off at the station-house, and I found a hind quarter of mutton in the hind pocket of it, which is very large.
Cross-examined. Q. The basket was in his hand? A. It was under his arm, not concealed.
JOHN TUCK . I am a policeman. Early in the morning of the 6th of October, the prosecutor took me to his shop, and gave Owen into custody—I did not tell him why I took him, nor did he ask me—I found 6s. 2 1/2 d. on him.
HENRY STEWARD PORTER . I am in the prosecutor's employ. On the 6th of October Owen went into the shop—I watched him—when he opened the shop he went outside, and went towards Drury-court—he then turned back, came into the shop, and took a hind quarter and a loin of mutton down from the hooks, and put them on the block behind the door—he then went through the parlour, and was coming down the kitchen—I went up, and he followed me—I went out, and down Drury-court, and when I it part of the way up I turned and saw Fletcher, with a basket, as though it, was empty, going to my master's shop.
Owen. Q. Where were you standing? A. On the steps, and I could see you from there walk into the parlour, with the shop shutters shut Owen. This is a trap-door at the back of the shop, and he says, he could see me walk into the parlour, which is behind this trap-door. Witness.
I could see you when the door was open—the shop was light enough for me to see.
COURT. Q. Was Fletcher a customer of yours? A. Not at all. Owen's Defence. I know nothing of the meat.
OWEN— GUILTY . Aged 20.
FLETCHER— GUILTY . Aged 26.
Transported for Seven Years.
ELIZABETH PAYNE . I am in the employ of William Taylor, a hosier and haberdasher, in High Holborn. On the 26th of September the prisoner came and asked for a blue shirt—I went to the window for one, and while getting one he snatched this handkerchief down from a rod in the window, and went away—I went to the door, and gave the alarm—he was taken—the handkerchief was dropped on the pavement, just outside the door—no one but him could have taken it.
MATILDA ANN DANIELS . I was looking in the window, and saw the prisoner in the shop—he snatched the handkerchief off the rod, and ran across the road—he threw it down, close by my feet, before he ran across.
Prisoner's Defence. I did not touch the handkerchief—I know nothing of it.
GUILTY. Aged 18.—Recommended to mercy by the Jury. Confined Six Months.
JAMES ROBERTS . I live with Mr. James Martin, a draper, at Limehouse. On the 22nd of September, between five and six o'clock, a person came into the shop, and said a person had run away with a piece of cloth—I went out, and, seeing the people running, I went with them—I turned down a street, and saw the prisoner running—he ran some time, and was stopped till I came up—he then dropped upon his knees, and asked me to forgive him, and said it was from distress he did it—this cloth is my master's.
Prisoner. It was through being agitated at the time—I did not know what I said to him.
WILLIAM BRINCKMAN . I am a policeman. The prisoner was given into my custody—I asked what he had done—he said nothing—I asked him again, and he said he had taken a piece of cloth—I said where was it—he said he had dropped it on the way.
Prisoner. He advised me to say that I was guilty. Witness. No, I did not.
I got to the door my wife said a man had run away with a piece of Mr. Martin's cloth—I pursued the prisoner—he ran, and threw down the cloth—I called to a man, who stopped him, but he got away, and was taken again, and then he begged for forgiveness.
HENRY HOULDEN . I am a police-sergeant, and was on duty at Poplar station when the prisoner was brought there—a lad said he had seen him in Poplar—that Mr. Brown had lost a piece of silk two days before, and he was sure he was the man—the prisoner said, "I know nothing of the silk, but I stole the cloth."
Prisoner's Defence. I was going home from work, over Stepney-fields, they took me, and brought this to the station-house, and said I stole it—I am innocent.
GUILTY . Aged 22.— Confined Three Months.
2324. JOHN MARCHMONT was indicted for burglariously breaking and entering the dwelling-house of Ann Chambers, on the 19th of September, with intent to steal, and stealing therein, 2 sheets, value 4s.; 2 egg-glasses, value 1s. 9d.; and 1 apron, value 3d.; the goods of James Robert Price: and that he had been before convicted of felony.
ESTHER ANN PRICE . I am the wife of James Robert Price, a painter and glazier, and live in Drury-court—it is Ann Chambers's house—she does not live there—it is occupied by lodgers. I went out between one and two o'clock on the 19th of September, and did not return till between three and four o'clock—the door was locked when I went out, and it had been opened by violence—I missed two sheets, two egg-glasses, and an apron—these are them—(looking at them.)
ELIZABETH MOORE . I live at the next house to the prosecutor. On the 19th of September I saw the prisoner and another boy in company—the other stood opposite my door—the prisoner went down the court, and the other followed him—I stood at my door some minutes, and then the prisoner came down the court with these things under his arm—I gave them into custody to the policeman.
ROBERT JACKSON . I am a policeman. I produce a certificate of the prisoner's former conviction, which I got from the office of Mr. Gilbee, the Clerk of the Peace for Westminster—I was present and saw the prisoner tried—he is the person—(read.) * GUILTY* of stealing only. Aged 16.— Transported for Seven Years.
JANE CASTLE . I carried on business for Mr. Alfred Carter, of Bishops gate. On the 15th of September the prisoner came to purchase a pair of stays—several pairs were shown to her—she went away without purchaseing any—in about half an hour, or three quarters, I went out and met an officer, and told him about the stays—I was with him when I met the prisoner—he took her, and charged her with stealing the stays—she at first denied it, but afterwards owned it—he made her no promise or threat—these are the stays—(examining them.)
Prisoner. I ran away from home with another girl, and stole the stays to pay my rent.
GUILTY .* Aged 15,— Transported for Seven Years. Recommended to the Penitentiary for One Year.
HARRIET CLARK . The and Horses, in Rose-street, Covent-garden, to bear a little music and a few songs—it was between one and two o'clock when I came out—I go out charing or washing, and when I do not get that, I am forced to go into the streets—I saw the prisoner and another person at the house—when the singing was over I came out and went into the parlour—when I came out the prisoner and two other persons were in the street—we were talking—I do not know what about—I was half tipsy, but I know this is the man that snatched the shawl off my neck—he ran away with it, and I hallooed, "Police"—I did not get tipsy before I went there, but while I was there the prisoner asked me to drink, and I returned the compliment—this is my shawl—(looking at it.)
WILLIAM MARCHANT . I am a policeman. I was on duty in the Seven Dials, and heard a cry of "Stop thief"—I ran down to Earl-street, and saw a man holding the prisoner by the collar—he said he had got something under his coat—I turned on my light, and saw this shawl under his coat—I asked him how he came by it—he said nothing at first, but afterwards he said it was his wife's—on my way to Bow-street I met the prosecutrix crying—she said she had lost her shawl, and" that the prisoner had taken it—the prosecutrix was drunk, but knew what she was about.
Prisoner's Defence. I went to the Coach and Horses in Rose-street, and there saw the prosecutrix—we drank, and staid there till one or two o'clock—we then went down, and went to the parlour, and in going out she asked me to go home with her—she wanted 3s.—I gave her half-a-crown, and then she would not go—I wanted the money back, and she would not give it to me so, I took the shawl off her back and ran away—in the morning she asked me if I would give her 5s., and she would say nothing about it—I tad not the 5s. then, and that day she received 1s., and then another shilling, and then she said she would not take any more—I was intoxicated, or I should not have done it.
HARRIET CLARK . re-examined. This young man's woman offered me 5s., and I took 2s. of it; but I found I was doing wrong, and I would take no more of the 5s. which I had agreed to take—his young woman took me home that morning.
GUILTY . Aged 22.— Confined Three Months.
2327. JANE WHITE and MARY CLIFFORD were indicted for stealing, on the 3rd of October, 1 bag, value 1d.; and 2 sovereigns, 4 half-crowns, 7 shillings, and 1 sixpence; the goods and monies of William Giles.
and received my pension at Tower-hill—I met White a little way along Smithfield, about seven o'clock—I spoke to her first, and asked her where she was going—she said, "To tell you the truth, to look for a sweetheart"—I told her I was going to look for lodgings, so we settled the account—she took me to her lodging—we got there a little after seven o'clock, I believe—I first saw the other prisoner when we got into the room—it was up stairs—I was to spend the night there, to sleep till morning—I did not make any bargain as to what I was to give—we sat down at a table, and the prisoners asked for some drink—I gave them a quartern of gin—then they asked for another—I said they should have it—they were to bring me a pint of porter—I gave the money to White to fetch it, and the other prisoner abode in the room while she went—when she came back we drank it—Clifford left the room, and White asked if I should like a bit of supper—I told her I could eat a bit, and gave her some money—she went, and got some meat, and brought in another quartern of gin; and when we ate our supper I smoked my pipe—I then counted my money, and I had two sovereigns, four half-crowns, seven shillings, and one sixpence in my little bag—I put it into my shoe, and put it under the foot of the bed, took off my clothes, and went to bed—White saw me do that—I think she must—I shook White, and told her to get off the bed, she would not, and I shook her again—Clifford then came up, and knocked at the door—I got up and opened the door, and they both sat on the foot of the bed—I went and felt my shoe, and my money was gone—I said, "You have robbed me while I went to the door"—they said they had not—I said they had—they had got my trowsers on the bed, and I saw Clifford put something into her bosom—I went to her, and said, "You have got my money in your bosom, give it me before you leave the room"—she had a knife in her hand, which I believe she took off the table—she said, "If you interrupt me I will stick this knife into you"—I went to get my trowsers to get them on, and they made their escape down stairs—I remained in the room a few minutes, and the policeman came up, and found me in my shirt—the bag was found in the grate in the room—this is the bag my money was in, and which I put into the shoe.
White. Q. Can you swear that I took the money out of your pocket.? A. You both stooped over the foot of the bed, and dragged my trowsers up.
Clifford. Q. Had you not your money in your possession when I left the room? A. Yes, when you first left it.
THOMAS PHILPOTT . I am a policeman. I heard that this man had been robbed—I went to the room, and found him in his shirt, in the act of putting on his clothes—he said he had been robbed of two sovereigns, four half-crowns, and seven shillings and sixpence—he was sober—I desired him to dress himself, and we went down in search of the prisoners—after some time I heard the prisoners were come home—I went back, and found them in the room—he said, "These are two girls that robbed me"—I observed White's hand was black, the forefinger and thumb, and part of the wrist—it appeared like soot—I then locked up the prisoners, and searched the chimney—I could not find the money, but found the bag in the fire-place, which the prosecutor swore to, and I locked up the room, and came away—the sergeant went to the room—the bag is scorched, and the embers of the fire were hot.
the right-hand side of the chimney, on a small projection, I found five shillings and a sixpence.
White's Defence. The prosecutor took me into a house, and had a quartern of gin, then we went home, and had some supper, and three or four quarterns of gin.
Cliffod's Defence. I had a few words with my mother—I met this young woman, and asked her to let me go home with her, which she did, and one night she brought home this man—he asked us to have something to drink—we had three quarterns of gin and two pints of beer, and then I left the room to go home to my mother—she was not at home, and I then went back, and knocked—he said this young woman was on the bed, and he could not awake her—I tried to awake her, and then he said she had robbed him.
WHITE— GUILTY . Aged 21.
CLIFFORD— GUILTY . Aged 19.
Transported for Seven Years.
WILLIAM DENNISH . I live in Whitechapel-road, and am a cooper. I had known the prisoner some years ago, but not very lately—he came to me on the 3rd of September, between ten and eleven o'clock, and asked me whether I was a buyer of rum-puncheons—I said yes, if they were good—he said he knew of three for sale, and he thought I could get a shilling or two by them—if I could send 1l. or 30s. he would pay that as a deposit, and when he brought the casks to me we could settle the difference—it is very usual to leave a deposit—I considered he had bought them at the lowest figure—I said to my man, "Robert, you take "a sovereign, and go with this man, and pay the deposit, and what difference there is I will pay"—he was to pay the deposit to the publican who sold them, not to the prisoner—I did not exactly explain that to Robert—when Robert came back I he had neither the casks nor the money.
ROBERT CUNNINGTON . I work with the prosecutor. The prisoner came on the 3rd of September—my master gave me a sovereign to go with him to buy some casks—I did not rightly know who I was to give the sovereign to—when I got to a public-house in Ratcliffe-highway, the prisoner said, "Give me the sovereign, I will go and pay for the casks and get the cellar open, and roll them out"—I gave him the sovereign, and stood outside—he did not come—I looked in, and saw him standing at the counter—he beckoned me in, threw down 2d. and said, "Get a pint of beer; I will go and get it open"—he then went away—he was found on the Wednesday following—it was on Monday I went with him.
Prisoner. I wish to ask them if they know any dishonesty of me before in my former dealings.
WILLIAM DENNISH re-examined. He had a very good character up to this time—he was a cooper, and a buyer and seller of casks. GUILTY . Aged 33. Confined Six Months. There were two other indictments against the prisoner.
2329. GEORGE UPSON was indicted for stealing, on the 23rd of September, 1 pair of braces, value 6d.; 1 yard of silk, value 5s. 6d.; 1 belt, value 1s.; and 3/4of a yard of waist coating, value 2s.; the goods of Joseph Tucker, his master; to which he pleaded.(The prisoner received a good character.)
GUILTY. Aged 18.—Recommended to mercy by the Prosecutor. Confined One Month.
THOMAS WILLIAM BROWN . I am in the employ of William James Stephenson, a linen-draper in Ratcliffe-highway. On the 20th of September the prisoner came to the shop—we had known him before—he produced this order, and wished to look out these goods, which he said were for William Thompson; and when he had looked out all but the cap, he said, "I will leave it to you to look out the other things"—I turned my head, and as he was coming out, I saw a pair of shoes under his jacket—I called to Mr. Stephenson, and said he had got a pair of shoes—I took the shoes from him, and then looked under the counter, and saw three handkerchiefs which I had laid on the counter a few minutes before—the prisoner then threw himself down in the shop.
Cross-examined by MR. PAYNE. Q. Did you see him throw himself down? A. No—this is the order he brought—I took the shoes from under the prisoner's jacket—they were concealed all but a little piece—I did not see him take them—I had not been near to him all the time, I had been serving a customer—the cost mark and selling mark are on them—I know them by that.
COURT. Q. When your attention was drawn to these shoes, did you find a pair had been taken? A. Yes—I had shown them about ten minutes before.
ERNEST GEORGE LADDENSACK . I serve in the prosecutor's shop—I saw the handkerchiefs five minutes before, on the counter—I found them under the counter—the prisoner laid himself down there—these are the handkerchiefs (looking at them,)
Cross-examined. Q. Did the prisoner say anything? A. He said, "Oh, my poor mother, what will she do when she hears of it."
GUILTY*. Aged 18,—recommended to mercy by the jury.
confined six weeks
OLD COURT.—Thursday, October 25th, 1838. Second Jury, before Mr. Sergeant Arabin.
GEORGE NORMAN . I live at Soley-hill, Warwickshire. On the 8th of October, about eleven o'clock in the morning, I was in the Strand, proceeding to Somerset-house, and in the neighbourhood of North-street a gentleman requested me to stop—I felt in my pocket, and missed my handkerchief—in a few minutes a constable came up with the prisoner in custody, and my handkerchief—this is it—(looking at it.) WILLIAM—. I am a constable belonging to the Mendicity
Society. About eleven o'clock on the 8th of October, as I was going along the Strand, I saw the prisoner, with a younger one, following the prosecutor—the younger one took this handkerchief, and gave it to the prisoner—they had followed Mr. Norman in company for twenty yards—the prisoner put the handkerchief into his pocket, and both ran down Norfolk-street—I secured the prisoner, and the other got away—I put my hand in the prisoner's pocket, and took the handkerchief out.
Prisoner's Defence. I was walking along the Strand—I did not know the young lad—he put the handkerchief into my hand, and told me to pot it into my pocket, which I did—he told me to follow him to Norfolk-street.
GUILTY *. Aged 19.— Transported for Ten Years.
WILLIAM SALMON . I am a tailor, and live in Theobald's-road, in the parish of St. George the Martyr. On Saturday evening, the 19th of September, from half-past eight to nine o'clock, I was at home—the prisoner was brought into my shop with a waistcoat, which is my property—it had been on a brass rod inside the shop window—there were more articles taken—I looked at the window, and found it was broken—there was a crick in the pane before—I was in the shop when it happened—I did not hear any smash—it was merely cracked in the middle, and the putty at both tides was perfectly secure—it could not have fallen out—I was very buy at the time, and it might be broken without my hearing it—I rent the house.
CHARLES MEIKLE . I am the prosecutor's brother-in-law. I was sitting in the shop on Saturday evening, and heard the glass crack, as if it was an umbrella went against it—I went to the door, and saw somebody run down Harper-street—I came in and sat down again, and in a few minutes heard another crack—I ran out, and saw the prisoner drop the waistcoat and a small cane—he was stopped by a boy, and brought in—I ran out and brought in the waistcoat, which was four or five feet from the window—the person I saw running the first time was about the prisoner's size.
GUILTY of Larceny only. Aged 10.— Transported for Seven Years to the Prison Ship.
Before Mr. Baron Gurney.
2333. EDWARD COONEY was indicted for feloniously forging, on the 4th of October, at St. James's, Clerkenwell, a certain order, for the payment of 5l., with intent to defraud the Governor and Company of the Bank of England. 2nd COUNT, for uttering the same with like intent. 3rd and 4th COUNTS, stating his intent to be to defraud Louis Clermont Duval. 5th and 6th COUNTS, with intent to defraud Thomas Long.
MESSRS. MAULE, ADOLPHUS, and BULLOCK conducted the Prosecution.
WILLIAM FABIAN . I am a clerk in the Drawing-office in the Bank of England. It is the practice to issue cheques in books of fifty each, which are marked and numbered, so that we can tell to whom we deliver them—each cheque is marked—Laurence and Blenkarne had an account with he Bank of England—I received an order in September, purporting to
come from them, for some cheques—this is the order (looking at)—I do not recollect by whom it was delivered—I delivered a book of fifty cheques in pursuance of that order—the cheques are printed and numbered—the Bank had no depositor of the name of George White at that time.
COURT. Q. What were the numbers you delivered? A. They were marked "T 12—1851 to 1900"—these are four of the cheques (looking at them.)
DAVID BLENKARNE . I am a solicitor, in partnership with Mr. Laurence, our business is carried on in Bucklersbury. We had an account at the Bank, and have now—I know the prisoner perfectly—he was in our employ about two years and a half, as junior clerk, and left us in March, 1836—I have seen him write frequently—it was part of his duty to go to the Bank to pay money and receive cheques—this order for a cheque-book was not written by me or my partner, or by our authority—I believe it to be the hand-writing of the prisoner—it is an imitation of my handwriting—this cheque signed "G. White" is like the prisoner's writing—that is my conscientious belief—the whole body as well as the signature—I mean the filling up—here is one cheque, signed "G. Wilson," that signature I am not as clear about—but the date of the 4th of October is like the prisoner's writing, I believe it to be his—the signature of "Whitaker" to this other I cannot speak to, but the date, "4th October," I believe to be his writing—the other, signed "Henry White," is more like the prisoner's writing than any of the others—I believe it to be his signature, as well as the date—I am certain this letter (looking at one) is the prisoner's handwriting—I should say the whole of it is his.
Cross-examined by MR. PHILLIPS. Q. How long is it since you have seen the prisoner write? A. About two years, when he left our employ—there were two other clerks in the office at the time he was there.
THOMAS PRALL . I am clerk to Laurence and Blenkarne, and have been so about four years. The prisoner was my fellow-clerk about two years—there were three clerks—I have had frequent opportunities of seeing the prisoner's handwriting so as to form a knowledge of it—I have no doubt this order for the cheque-book is his handwriting—this cheque, signed "George White," I believe is his handwriting also—this one, signed "H. White," I have no doubt about—I am not so satisfied of the one signed "Wilson," but I believe it is his—I am pretty certain the figures his, the"£5" and the date—I think this, signed "Whitaker," is his-but it is not so plain—(looking at letter No. 3)—I think this is the prisoner's writing, it is signed "Henry Lee"—(looking at No. 2.)—I have no doubt of this being the prisoner's writing—one word particularly—looking at letter No. 1.)—I have no doubt of that being the prisoner's hand-writing.
Cross-examined. Q. How long is it since you have seen him write? A. A little more than two years—I went before the Magistrate, but was not examined—Mr. Blenkarne was examined to the writing—I have seen the order for the cheque-book several times before—I believe that to be the prisoner's hand-writing—I could not be better satisfied of it, unless I had seen him write—I have no doubt whatever of the letter Mr. Blenkarne—I have no doubt whatever about either of these—Hethiogton was the name of my fellow-clerk, who was in the office with the prisoner.
MR. BLENKARNE (re-examined). I believe this letter, purporting to the from the Rev. Mr. Long to Mr. Parish, to be the prisoner's writing, and
this other from Mr. Long to Mr. Duval, I believe to be his—the one signed "H Lee," I am not so clear about, but I believe it to be his.
ELLEN DUVAL . I am the wife of Louis Clermont Duval, who lives at No. 86, Charlotte-street, Fitzroy-square. On the 4th of October, I received a letter from my husband—I saw the boy who brought it, but did not we it delivered to my husband—I did not see it-before it came from my husband's hands to mine—after reading the letter I saw my husband deliver to our boy a 5l. note to go and get change, and I myself gave the money to the strange boy who came to the house—this is the letter and the cheque which came in it—(looking at them.)
LOUIS CLERMONT DUVAL . I am a water-gilder, and reside at No. 86, Charlotte-street, Fitzroy-square. On the 4th of October, I received this letter (No. 1.) from a young man in my employ who brought it to me—on I receiving it I took the 5l. note out of my purse, told my young man to take it to his mistress, and tell her to cash the cheque—I know Mr. Long—he is a Catholic priest—this is the cheque which came with the note—it purports to be signed "G. White," payable to Mr. Long.
(The documents were here read as follows:—)
"To Edward Laurence, Esq. 32, Bucklersbury.
"28th Sept.—33. Sir, I hope you will pardon the liberty I have taken in writing to you. I am reduced to the greatest distress, or I would not have troubled you. If you would favour me with a small sum, if ever so trifling, by bearer, I shall feel for ever grateful. I would call myself but after my conduct to you and Mr. Blenkarne, I am ashamed to see you.
"September 28,—38. Give the bearer a cheque-book.
"LAURENCE & BLENKARNE."
"4th October.—38. Rev. Mr. Long presents his compliments to Mr. Duval, and will take it as a favour, if he will cash the inclosed cheque, having just received it, and being in want of cash to-night." Cheque. "4th October,—38. Pay Rev. Mr. Long or bearer, 5l.
" Dean-street, Soho, 4th October,—38. Rev. Mr. Long presents his compliments to Mr. Parish, and will take it as a favour, if he will cash the enclosed cheque, he having just received it, and being too late for banking hours, and being rather short of money." Cheque. "Pay Rev. Mr. Long 5l. "GEOROI WILSON."
"2nd October,—38. To Rev. Mr. Spain. My dear Sir. You will be doing me a great favour if you will cash the inclosed cheque which I have just received, it being too late for banking hours, and as I am very much in want of cash to-night. "HENRY LEE."
Cheque."Pay Mr'Lee or bearer, 5l. HENRY WHITE." REV. THOMAS LONG. I am a Roman Catholic clergyman, and officiate at the chapel in Sutton-street, Soho-square. I know Mr. Duval perfectly well—he is one of my congregation—this note (No. 1.) is not my writing—it is a letter to Mr. Duval purporting to come from me—I never authorised any one to write it or take it to Mr. Duval—I did not write that note (No. 2.) to Mr. Parish, nor authorise anybody to write it or deliver it—I never saw this cheque before the prisoner was in custody—I do not know the prisoner—I
have a girl named Cooney in my employ—I do not know from the Prisoner that she is his sister.
FREDERICK WILSON . I am a silk-mercer, and live in Hanway-street, Oxford-street, in partnership with Mr. Swain. This cheque signed "Whittaker," was brought to me on Saturday, the 6th of October—I believe the prisoner is the person who brought it—it was between eight and nine o'clock in the evening—there was a gas light in my shop, and sufficient light to see him distinctly—he was there several minutes—I feel no hesitation in saying it was him.
Cross-examined. Q. What did you mean by saying you believed it was him at first—did not you mean that you would not swear positively? A. I can swear positively—I have not always been quite so positive at I am to-day—I did not say I believed he was not the person—when I was called into the police-office to see the prisoner, I said he was very much like him, but was not prepared to say he was the man.
HENRY GOTTO . I am assistant to Mr. Wilson. I was in the shop on the 6th of October, but not at the time the person came in—I was there while he was waiting there—I did not see what he brought—I did not see Mr. Wilson give him anything or transact any business—I did not hear the person say anything—he was in the shop about three minutes—I believe the prisoner to be the person.
COURT. Q. Do you remember the day of the week? A. On Satruday, between eight and nine o'clock in the evening—I cannot tell on what Saturday—I attended at the police-office on the Tuesday after that Saturday—I believe Saturday was the 6th.
Cross-examined. Q. Did you see the prisoner at the station—house? A. I did—I did not then think he was the person—I said I thought he was not the person—I did not positively say he was not—I see him now under a different impression, and believe him to be the person.
MR. BLENKARNE re-examined. I attended at the police-office when the prisoner was in custody—the first examination was on Tuesday week.
Witnesses for the Defence.
HENRY BURTON . I am a soldier. I have known the prisoner two years—he bore a good character—I remember Saturday the 6th of October last—I saw the prisoner that day at Mr. Godfrey's, at the White Lion, in Drury-lane, about half-past' six o'clock in the evening—he was in my company till twenty minutes after ten—I took out my watch at twenty minutes after ten.
MR. MAULE. Q. For what purpose did you take out your watch? A. I had to attend the theatre at half-past ten—I am one of the Guards there—I was playing at skittles with the prisoner—we had a game of billiards at Godfrey's until about seven o'clock, and then went to Mr. Perkins's public-house opposite, in Drury-lane—I am not sure of the sign—we went to the skittle-ground there and played at skittles till twenty minutes after ten—my brother was there, and two others, named Davis and Glenny—we were all playing at skittles by gas light, in an open skittleground behind the house—there were other persons there—we sat down till they had finished, and then we played—the landlord was not there—the pot-boy was—we had only beer to drink—I did not leave the prisoner there—he
came away with me and went into Godfrey's, where we had been before—I left him there, and did not see him again that evening—I have known him two years—that was after he left the office of Laurence and Blenkarne—I never knew him in their employ.
Q. What has he been doing during the two years? A. I only know he (came to Mr. Godfrey's—his father is cutter-out for Sunderland and Co., tailors to our regiment—I have known him at this public-house—I cannot say how he got his living—I never heard of his having any occupation—I do not know at all what he is—I am in the 24th Regiment—I first saw him about two years ago.
COURT. Q. Have you known more of him than meeting him at the public-house? A. No, I am not related to him.
WILLIAM BURTON . I am a cutter, and live at the Wheataheaf, Redlion-street, Holborn; I have known the prisoner two yean; he was very well spoken of. On Saturday, the 6th of October, I saw him at Mr. Godfrey's, the White Lion, in Drury-lane, and afterwards at another (public-house kept by Perkins—I first saw him at Godfrey's about six or half-past six o'clock, and was with him from that time till about half-past ten o'clock—my brother and two other young men were with us—there were five of us altogether—we were playing at billiards at first, and afterwards at skittles—I have been out of Court while my brother was examined—I did not hear a word of his evidence—we had some porter to drink—we separated at half-past ten o'clock—I went to Drury-lane Theatre with my brother—we were both employed there.
MR. MAULE. Q. Was any body else besides your brother and you there? A. Two young men named Glenny and Davis—they are not here—I met the prisoner at the White Lion—we played at Milliards there, and then went to the public-house opposite, and played at skittles—it was not an open skittle-ground—it was covered in with a sky-light, and lighted with gas—I played at skittles there—we had porter, and half-and-half to drink—no spirits—I have known the prisoner two or three years—I really do not know what he is—I only knew him as a companion—I understood he was a clerk during the two years—I do not know where—I merely knew him at the-public-house and at the theatre—he was employed there some time ago as a supernumerary, sometimes, to go on in different scenes as a soldier, and so on—I know a person living in Clare-court—I do not know whether it is No. 9—it is the last house in Clare-court, on the left hand from Drury-lane—I did not meet the prisoner there—I know there is a person there of the prisoner's acquaintance—I know the prisoner's father—he is a cutter—I do not know that they are Roman Catholics—I merely knew him as a companion at the public-house—during the time I we known him, I knew nothing disrespectful of him.
FRANCIS WILLIAM GLINDON. I am a painter and glazier. I have known the prisoner some years—I have seen him write as late as the latter end of July or August, but I have often seen him write for the last six or seven years—I do not believe the "H. Whitaker" to this cheque to be his handwriting, decidedly not—(looking at the cheque signed "G. White ")—there is not one part of this that is his handwriting—I will not swear to the whole of it, but it is not his handwriting—the letter signed "Lee" is not his hand-writing-so help me God, it is not.
MR. ADOLPHUS. Q. You knew him when he was at Laurence and Blenkarne's? A. I did—I was not in their office—I am no relation of the prisoner—I knew him by being a school-fellow of my brother, and during
the time he was away from Laurence and Blenkarne's office, at dinner time, he used to come to an office where I served my time, and assist me in copying letters and sorting when I was pressed—that was at Mr. Power's, No. 8, Cornhill, who is a general merchant—he deals in wine and executes any commissioon abroad—I swear positively these papers are not the prisoner's handwriting—I cannot swear it is not his handwriting, but it is not the character of the handwriting—I handwriting I know of his—the note I read is not like his handwriting—to the best of my belief, not one of the three I have seen is his handwriting—I will not swear the one signed "Whitaker" is not his handwriting, but it is not his character of handwriting—I cannot say but what a man might disguise his hand—I cannot say whether the signature "Henry Whitaker" is his or not—my handwriting at one time was so like his that I could not tell one from the other—those papers I have seen are not at all like his handwriting—not in the slightest degree like his handwriting—I think I should know his writing, when he was at Laurence and Blenkarne's, if it was shown to me-his hand is not improved since then, because he has worked for me—his hand has fallen off—I cannot say that I could swear to what he wrote when at Laurence and Blenkarne's—I might give an opinion on it—his hand is decidedly altered since that, but not so as to do away with the resemblance—the character of the hand would be the same, but the handwriting is not—the signatures of the papers which have been shown to me are not like his handwriting in form or character.
COURT. Q. Is the letter signed "Lee "like it—is any part of the body of it like the prisoner's handwriting? A. It is not anything like his handwriting—nor is it his hand—no part of it.
MR. ADOLPHUS. Q. Look at the cheque signed "Henry White?" A. It is not his writing, as I said before, not any part that I can see at all like it—the "Henry White" is not his, not yet the filling up—the date might be—the figure is the only thing that is something like his hand—it might be taken for the same—the figure "3"—that is all—not anything besides the "3"—this, signed "George White," is not like his—that is the same handwriting that wrote the letter—I will not swear that no part of it is like the prisoner's writing, but I will swear the signature is not his—to the best of my belief there is some part of it like his writing—the filling up part of the body—it is exactly similar to his handwriting—I do not believe the signature to be his writing, but the filling-up—this "George Wilson" was not written by him—the "4th October," I think, was written by him, and not any other part—I am not sure that the filling—up is his handwriting—I should say not—it is the character of his handwriting—it is something of the same character, but the signature of the cheque is not his writing—now I come more minutely to look into it, I do not think any part of it is his writing—the word October" is something similar to it, but the hand to me is not the same as he used to write—the cheque is not filled up in his writing, nor a bit like it—no part of this letter is like his handwriting—lawyers' clerks write so much alike, it is almost impossible to tell—when I saw the depositions yesterday, I thought them his handwriting, and asked if he wrote them himself—I never saw any of these cheques before—the last time I saw him write was the latter end of June or July—he was with me writing in my business—I am a painter and glazier—he has been employed by me on elections from the time he left Lawrence and Blenkarne up to July or August—he was employed by me in town
and out of town too, as check clerk and as committee clerk—he was employed by me at the Finsbury election, and previous to that at the East Surrey, Westminster, Marylebone, Lambeth, and several other places—my friends' recommended me—I was no more than himself—I might hare had a department given to me which I superintended, such as directing letters, making out a list of voters, directing circulars to them, and checking those that had polled—he has also been employed by me selling wine for Mr. Power, in the Docks—painting and glazing is my employ in the summer—I was not present at the prisoner's examination at the police-office—he did not send for me—I live at No. 21, Arundel-street, Strand—I have been at home for the last fortnight—I have not been to Birmingham in that time—I never was there in my life.
GUILTY . Aged 21.— Transported for Life.
(There were three other indictments against the prisoner.)
Before Mr. Baron Gurney.
2334. JAMES LANGFORD was indicted for stealing, on the 10th of October, at St. Marylebone, 1 cash box, value 7s.; 1 pocket-book, value 1s.; 8 sovereigns; 12 half-sovereigns; 1 order for the payment and value of 24l.; 1 bill of exchange for 50l.; 1 for 25l.; 1 for 20l. 17s. 7d.; 1 for 5l. 10s.; 1 for 20l.; 1 for 23l. 10s.; 1 for 30l.; and 1 for 9l., the goods, monies, and property of John Dyson, in his dwelling-house; and JOHN ELVIN , as an accessory after the fact.
JOHN DYSON . I am a grocer and cheese monger, and live in High-street, Portland Town, in the parish of St. Marylebone. The prisoner Langford came into my employ on the 6th of October, and left on the 10th, without notice—I saw him last about half-past ten o'clock at noon, and missed him about one o'clock—after he was gone I missed my cash-box from behind the I counter—it contained the bills and cash stated in the indictment—(enumerating them)—I gave notice to the police, and had it published in the "Hue and Cry"—this was on Wednesday—I did not see the prisoner again till the Sunday evening, when he was in custody.
Prisoner. At Union Hall he said he did not know exactly how much gold and silver there was in the box. Witness. I have mentioned what there was at the least—there might have been more.
HENRY GARDNER . I am a tin-plate worker and brazier, and live in Union-street, Borough. On Friday, the 12th of October, the prisoner Elvin came to me between three and four o'clock in the afternoon, and asked me to go out and take a drop of half-and-half, for he wished to speak to me—in crossing the road he said he had a friend of his who had got some good bills he wanted discounted, if I could do it—he pointed out the prisoner Langford as his friend, and we held a conversation about the bills—I told Langford I could do nothing unless I saw them—they both said they were very excellent bills, that they knew both the drawers and acceptors, and they were sure to be taken up when they became due, that they were at different dates—I asked the amount, and I think it was Langford said about 167l.—I appointed to meet them at six o'clock in the evening, having some suspicion, and at seven o'clock in the evening I met them at the Goldsmiths'Arms, Southwark-bridge-road—Langford there produced the bills out of a red morocco pocket-book—I sat next to Elvin, and he handed them over me—I took particular notice of several of the names, and one
bill for 20l. 17s. 7d. was not endorsed on the back—I told them I thought that would not do—I arranged to meet them on the following evening between seven and eight o'clock, at the same house—I went and got the "Hue and Cry," and then told Hornsby, the policeman, of my appointment—I went to the Goldsmiths' Arms in the evening, and arrived before the prisoners—they came in together—we got into conversation about the bills, and the bills were then produced—they were the same as I had seen before—Hornsby came in and took possession of them—I had agreed with him to be in attendance.
GEORGE HORNSBY . I am an Inspector of the police. I made an appointment to attend the Goldsmiths' Arms, on Saturday evening—I saw the two prisoners go in—I looked through the window, and saw Lanoford produce a bundle of papers from his pocket, and put them on the table—I went into the parlour and took possession of them, and found they were the bills in question—I asked Langford what his name was—if it was Langford—he said it was not—I took them into custody, and at the station-house Langford acknowledged that his name was Langford—I found in Elvin's pocket a card with a number of figures on it corresponding with the amounts of nearly the whole of the bills stolen—I asked him how he became possessed of the card—he said he had had it in his possession upwards of three weeks—I asked him how those figures came on it—he said he did not know, it had never been out of his possession.
JOHN DYSON re-examined. These are my bills—here is one for 20l., one for 50l., one for 25l., one for 20l. 17s. 7d., unendorsed, and one far 23l. 10s., that is all—the 24l., 5l. 10s., 30l., and 9l. bills, are missing—they are part of the property I lost.
HENRY GARDNER re-examined. I reckoned up the amount of the bills as 167l., which he stated them to be, but at that time they had the cheque on Prescott for 24l., and the bill for 5l. 10s.—Langford said I should give 90l. for the bills, and that would allow handsomely for the discount—Elvin was present at the conversation, and sat next to me at the time—he was between me and Langford, and could not be off hearing.
Elvin. Q. Did not you sit between me and Langford? A. I do not believe on that occasion that I did—we were all close together—he received the bills from Langford, and handed them to me separately, as I ticked them off on paper, and when we came to the bill for 20l. 17s. 7d., I said that was no use, it was not endorsed.
(The bills were here ready also the following memorandum on the card, found on Elvin:—24l., 5l. 10l., 50l., 20l., 25l., 20l. 17s. 7d., 23l. 10s., total, 178l. 17s. 7d.)
GEORGE HORNSBY re-examined. I have another card, found on Langford, with the amount of the stamp on each bill, written against it-(read)—50l.—3s. 6d.; 20l.—1s. 6d.; 23l.—2s. 6d.; 20l. 17s. 7d.—2s. 6d.
Langford's Defence. The reason I left Mr. Dyson was on account of my friends not bringing my things—I went home, and as I went past St. John's Wood chapel, I picked up the bills.
Elvin's Defence. Previous to going to the Goldsmiths' Arms on Saturday evening, I was in company with a young man, a cheesemonger, before I met Langford—we went into a public-house, and had something to drink together, and while there, Langford asked me for a pencil and a piece of paper—I gave him that card, and while I was talking to the young man, he returned the card to me folded up—I did not look at it—I had no idea
of any figures on it—by his request I accompanied him to the Goldsmiths' Arms—as to any knowledge of bills being stolen, I took no part in the transaction, which the young man, who was in my company on Saturday night, could prove.
(Andrew Elvin, paper-stainer, Gloucester-street, Spa-fields; James Elvin, tailor, 32, Perceval-street, Clerkenwell;—M'Carthy, hair-dresser, Maiden-lane, Covent Garden; and John Stubbs, journeyman grocer, Mitre-street, Aldgate; deposed to Elvin's good character.) LANGFORD— GUILTY . Aged 19.— Transported for Fifteen Years. ELVIN— GUILTY . Aged 31.— Confined One Year.
Before Mr. Justice Williams.
2335. ROBERT JOHN SEARLE was indicted for unlawfully, maliciously, and feloniously assaulting Charles Davey, on the 7th of September, and cutting and wounding him upon his left arm, with intent to maim and disable him.—2nd COUNT, stating his intent to be to do him some grievous bodily harm.
CHARLES DAVEY . I am a slipper-maker, and live in Rose-lane, Spitalfields. On Friday, the 7th of September, after I had done work, I went out to get a pint of beer for supper, and at the top of Rose-lane, I met my sister, who lives three doors from me, and we had the beer between us—we were coming home together, arm in arm—it was rather before eleven o'clock—I saw the prisoner in the middle of the road—it is a very narrow street, and there is only one footpath, to it very narrow—he was in the middle of the road with a large knife in his hand, and said he would run it through either man, woman, or child, that came near him—I was about six yards from him—he was jumping about the road, and ran after several people—I and my sister were coming past him on the pavement on the flag, as far as we could walk away from him—my sister was nearest to the wall—as we came opposite to him, he said nothing to me, but ran towards my sister, and made a blow at her, saying nothing—I saw he had an open pocket knife in his hand—he made the blow towards my sister's breast—I immediately pulled her away by putting my arm across her breast, and in so doing, I received the blow in the thick part of my arm, below the bend of the elbow—he did not say any thing—we went towards my door, and I did not know I was cut for five or ten minutes afterwards—I was going home, and on opening the door, I heard the blood go splash in the gutter, and found I had received a cut—I was taken to the London Hospital that night—I had never seen the prisoner before, and know nothing of him—he was rather in liquor, but not so much, but he knew what he was about—he was taken into custody—I saw him at Worship-street, about our weeks ago—he was sober then, and seemed steady like other people—never had any quarrel with him, nor ever spoke to him in all my life.
Cross-examined by MR. PHILLIPS. Q. Was he brandishing the knife about. A. Yes—I do not suppose he knew what he was doing.
SARAH FITZPATRICK . I am the prosecutor's sister. I had been to the public-house with him, and had a share of his porter—I went to fetch my husband home—it was just before eleven o'clock—I and my brother were walking home, arm-in-arm, and coming down the street, the prisoner was waving about an open knife, jumping about in the middle of the road, and through the man, woman, or child that came near him he would run through—it was necessary for us to pass him to go home—we were not
walking very quick—when we got near the prisoner, I was on the lefthand side of the road, on the flags—my brother was nearer to the prisoner than I was—as I passed, he made a blow at my breast—my brother caught hold of my shawl, and pulled me away, and the knife ran into his arm—the blow was made in a violent manner, as if he meant to do mischief—my brother and I went home—he was going to lift up the latch of the door, and found he was cut—I pulled off his coat-sleeve, and found his shirt dripping with blood on the stones—I never saw the prisoner before.
HENRY POMFRET . I am a porter. On Friday night, the 7th of September, I saw the prisoner in Rose-lane—I saw him rush out of a house, with a shawl in his hand—he crossed the road, and in a minute he had a knife—some girls were following him, to get the shawl from him, which they said was their property—I do not know whether they got the shawl from him, but I saw him brandishing a knife in his hand, and then he had not got the shawl—that was not above two or three minutes after he had the shawl—he swore that any body who approached him to take the shawl from him, he would stab, man, woman, or child—I did not see the prosecutor stabbed—I do not know what became of the girls—they went away afterwards.
JAMES BROWN . I am a constable. I was called on the evening of the 7th of September, and found the prisoner in Rose-lane, about ten minutes before eleven o'clock, standing among a quantity of people—the prosecutor made a complaint against him of having stabbed him—he had a knife in his hand, flourishing it about—he said he would stab the first one that approached him—I approached him, and he made a stab at me, but Pomfret assisted me, and I took him—he had been drinking, but was not so drunk as he made out.
ROBERT HOULCROFT WILSON . I am a medical student. I was in attendance at the London Hospital on the 7th of September, and remember the prosecutor coming there—I examined his left arm, and found a wound on the outside, about an inch below the elbow—it was an incised wound, not quite half an inch deep—a transverse wound of about an inch and a half—it might have been inflicted with that knife—erysipelas came on, which is a very awkward symptom—he had lost a great deal of blood—his handkerchief was drenched with blood when he came in—a small artery was open—he has been discharged from the hospital some time.
(Joseph Bacon, boot-maker, 5, Portsmouth-street; Edward Johnson, weaver, 15, Ramsay-street; John Rice, shoemaker, King-street, Longacre; and Richard Payton, boot-maker, 94, Strand, deposed to the prisoner's good character.)
GUILTY . Aged 26.— Confined One Year.
Before Mr. Baron Gurney.
2336. MARY DAVIS, alias Fury , was indicted for stealing, on the 3rd of March, at St. George. Hanover-square, 1 cash-box, value 3s.; 4l. sovereigns, 5 half-sovereigns, 1 half-guinea, 6 half-crowns, 73 shillings, 9l. sixpences, 7 fourpences, 2 pennies, and 3 halfpence; 3 £10 Bank-notes, and 5 £5 Bank-notes, the goods and monies and property of Margaret Isabella Davis, in her dwelling-house: and afterwards, about the hour of 5 in the night of the same day, burglariously breaking out of the said dwelling-house.
Tavern, in Lower Eaton-street, Pimlico, in the parish of St. George, Hanover-square. The prisoner was in my service, and left last November—on Sunday morning, the 4th of March, I went to bed, about one o'clock—my house was closed and fastened before I went to bed—I took my cash-box into my bed-room—it contained three £10 Bank of England notes, five £5 notes, forty—on e sovereigns, one half-guinea, five half-sovereigns, six half-crowns, seventy-three shillings, and ninety—on e silences—I placed the box on the drawers in my bed-room, and locked my bed-room door—after I was in bed, I heard a noise under my bed, bat supposing it was the kitten, I did not disturb myself—I awoke a few minutes before six o'clock in the morning, found the cash-box and property all gone, and the room-door unlocked—I also missed a few shillings from my pocket which was by my bed-side—I alarmed my brother and sister, who came into my room—this made a little noise in the house, and while that was going on, I heard a noise as if the dining-room window was thrown open, and somebody dropping into the street—I looked out of window, but saw nothing—this was about day-break—I gave information to the police—I afterwards saw my box, and part of my property.
Cross-examined by MR. PAYNE. Q. Had you a servant at that time in your service? A. Yes—I cannot recollect her name—I think it might be Carver or Carder—she remained in my employ about a fortnight or three week after I missed the property—she had given me notice, and was on warning before the robbery—we did not make any cry of police when we found the window open—I have recovered my box again in the same state in which I am lost, locked, and with the same property in it—I have not sustained any low—I had locked my door—the dining-room is on the first floor—I cannot tell how high the window is from the street—there are some railings in front of the house—I do not know how far they are from the window—it was a minute or two after hearing the window open before I went to look out—there is a wooden door on the staircase which comes up the full height of the landing—that door is generally locked inside and out—there is no door which a person would have to get over—my servant has not been examined before the Magistrate or Grand Jury.
COURT. Q. When you locked your door inside, a person within your chamber could get out? A. Yes—my property must have been taken by some one within my room—when I went to bed my servant was in her bed, as I suppose—I had not been up to see her—I found her in her bed-room in the morning—the staircase-door was locked inside—that had not been opened—my room is up two pair of stairs, and the door is on the first pair—when I got up, that door was shut and fast as I had left it over night—nobody could have gone through it—a person could get to the dining-room without going through that door—I went into the dining-room, and found the window open—if a person dropped from the window they would drop without the rails surrounding the area—the window is over the door—they would drop into the street—there is a large lamp over the door—a person could spring to the lamp-iron, and then fall down and clear the rails.
LETITIA JOHNSON . I live at No. 42, St. John's-square, Clerkenwell. The prisoner came to lodge at my house three weeks before this happened, and left me on the Saturday before this happened on the Sunday—the last time she was in my house was about one o'clock in the day on Saturday, but she came again on Sunday morning about half-past nine o'clock, and
went into her room, and was there about half an hour—when she went out she said she was going out to her mother's, and would return in an hour or so, but she did not come back—the policeman came to the house about an hour after, and searched her room—her box was in her room locked—the policeman sealed it, and left it there—he came again on Monday and opened it with a key—he took a tin box out of it which was taken to the Police-office, and he took out seven or eight packets of silver also.
Cross-examined. Q. How long had you known her? A. Two year—she lived in St. John's-square—I never knew that she had an acquaintance named Butler.
JAMES FOWLER . I am a policeman. I received information of the robbery from Mrs. Davis on the Sunday morning, and went to No. 42, St. John's-square—Mrs. Johnson showed me a box in her room—I sealed it, and left it there—next morning I went to it and opened it with a key from a bunch which a person had—I found on the top of the clothes eight packages of silver and gold, and under some of the clothes was this cash-box—I have given up the clothing to-day, on the prisoner's application.
ANN TAYLOR . I lived near the prosecutrix at the time in question. On the Saturday night that her house was robbed I went up by the side of the house, about half-past ten o'clock, and saw the prisoner walk twice by it, and then go in—I saw her go into the green door in the passage.
Cross-examined. Q. Did you know her before? A. Only by sight, by her living at Mrs. Davis's—I am quite sure it was her—I do not know the servant, Ann Carver—I have seen her by going to fetch my beer there—the house was open at that time.
Cross-examined. Q. Where? A. In Peartree-street, St. Luke's, quarrelling with three or four more females—I took her in consequence of something a woman said—I did not see the woman with her—she was not before the Magistrate—I told the prisoner I was going to take her to the station-house on suspicion of stealing the cash-box—she said she never saw the cash-box, and knew nothing about it—I was not aware, when I went before the Magistrate, that any other person was charged as being connected with the transaction—I have not made any inquiries after the servant, Ann Carver.
MRS. DAVIS re-examined. This is my cash-box—it contains the property I lost—I do not know that the prisoner was in the habit of washing for my servant.
(—Kenny, of the Red Lion, White Horse-alley; and Catherine Donovan, wife of Lawrence Donovan, of the Two Sawyers, Tooley-street, gave the prisoner a good character.)
GUILTY . Aged 24.— Transported for Life.
Before Mr. Justice Williams.
GUILTY . Aged 20.— Transported for Ten Years.
Third Jury, before Mr. Recorder.
2338. MARGARET BARRETT was indicted for breaking and entering the dwelling-house of Edward James Birch, on the 1st of October, at St. George's, Bloomsbury, with intent to steal, and stealing therein 68 yards of dowlas, value 2l. 10s., his property.
JOSEPH WILLIAM PHILLIPS . I lived in Doughty-street, St. Pancras, on the 1st of October; I have moved since. On the night of the 1st of October I was standing within the door of Mr. Birch's shop, in Great Russell-street, in conversation with the shopman—I heard a square of glass crack—I turned round, and saw a person in the act of drawing a piece of dowlas through the broken pane—about two feet of it had got outside—the whole bulk must have changed its place in the act of pulling at it, no part remained where it originally stood—Garrard seized hold of the prisoner, and I went for a policeman.
LIONEL GARRARD . I am in the service of Edward James Birch, an Irish linen-dealer, in Great Russell-street, in the parish of St. George, Bloomsbury. I was talking to Phillips, and, on turning my head, saw the prisoner come, with her hands clenched together, through the square of glass, and seize hold of the dowlas—I opened the door and seized her, when she had got it about two-thirds out—it had been placed in an upright position, about two inches off the glass—when I secured her, it rested on the broken square of glass, and was quite off the spot it had been on before—she had hold of it at the time I took her—the constable came and secured her—her hand was bleeding—it could not have fallen against the window and broken it—she had hold of the bottom of it.
THOMAS DOWSING . I am a policeman. I produce the dowlas which I got from Garrard—the prisoner appeared in great distress, and said, if I would let her go she would go and do the same again—that her husband had deserted her, and all her friends, and she had no where to lay her head—the shopman had hold of her when I came up.
Prisoner's Defence. I was two nights walking in the street, and was quite starving—it was pouring with rain—I had no place to go to—I have a husband, but he has married another woman, and has run away—I am willing to work if I can get it—I only did it to be taken into custody.
GUILTY. Aged 21.—Recommended to mercy, believing her to be in distress.— Judgment respited.
JOHN HENRY MARTIN . I am a hair-dresser, and live in King-street, Seven Dials, in the parish of St. Giles-in-the-Fields. The prisoner was in my employ in August last, and boarded and lodged with me. On the 8th of August, in the afternoon, I saw my watch and guard-chain on a nail, by the side of the mantel-piece, in the parlour—the prisoner was in the shop—I missed it about four o'clock—the prisoner had left the shop without his hat about three o'clock—I afterwards saw him in custody, and asked him why he did this—he said he did not know, but that he pawned the property himself—he came to me on the 4th, and went away on the 8th.
afternoon, for 21s.—I gave him a duplicate, which I have since seen in the constable's hand—this is it—(looking at one.)
Prisoner. I did not pawn it myself. Witness. He is the person.
JAMES HERWOOD . I live with Mr. Bulworthy, a pawnbroker, in Aylesbury-street, Clerkenwell. I produce a gold guard-chain, pawned by the prisoner, for 25s., on the 8th of August, between five and six o'clock—I am quite certain of him.
(Property produced and sworn to.)
GUILTY .* Aged 17.— Transported for Ten Years.
JOHN LLOYD . I am a printer and publisher, and live in Catherine-street, Strand. The prisoner was my clerk and office-keeper, and lodged at the office—on the 8th of October I gave him into custody—he was searched at the station-house, and two duplicates were found upon him, one for a coat, and the other for some paper—I had missed the coat in May, and had questioned him very particularly about it, but he denied any knowledge of it—I also asked him particularly about the paper, and he denied any knowledge of that—it was worth 3l., and the coat 5s.
Prisoner. The two reams of paper belong to the proprietor of the "Torch"—the witness was merely a servant like myself. Witness. I am liable to make the paper good—it is my property—it was employed in publishing the "Torch."
THOMAS BURN (police-constable F 140.) I took the prisoner into custody on the 8th of October, on a charge of assaulting Mr. Lloyd's child, being drunk—I searched him, and found these duplicates in his pocket.
GUILTY . Aged 36.— Transported for Seven Years.
JOSEPH WOLGERNUTH . I am apprentice to Mr. Tilley, a pawnbroker, in Mile End-road. About one o'clock, on the 8th of October, a customer was in our shop—I saw the prisoner Raven coming from the side-door, and saw Taylor running with something in his apron—I looked, and missed a coat—Raven joined Taylor, and they ran away together—I missed the coat from the door—Raven was proceeding from that spot—I pursued, and saw them taken into custody—the coat was found on Taylor—Raven was near enough to hand it to him as he ran.
Raven. We were both passing along—the coat laid down by the side of the door—I took it up, and gave it to Taylor.
ROBERT CHAMBERS (police-constable K 68.) I saw the prisoner running, followed by Wolgernuth—I stopped Taylor, and found this coat in his apron—Raven was stopped by another constable—at the station-house Taylor said that Raven cut the coat from Mr. Taylor's door, and put it into his apron-Raven had hold of Taylor's apron as he ran, pulling him along to ran faster.
RAVEN. Aged 19.— GUILTY [Recommended to mercy. See original trial image.] .
TAYLOR. Aged 17.— GUILTY.Recommended to mercy.
Confined Twelve Months.
WILLIAM THOMAS DOTLE . I am a Custom-house officer, and live in Water-street. About half-past six o'clock in the evening of the 16th of October I was going over Westminster-bridge—my attention was called by Walker, and I missed a silk handkerchief from my coat pocket, which was safe ten minutes before.
CHARLES WALKER (police-constable A 78.) I was on Westminster-bridge on the 16th of October, about half-past six o'clock, and saw the prisoner in company with another man—I saw the prisoner draw the handkerchief out of the prosecutor's pocket—I took the two into custody—the prisoner got hold of my legs to get me on the ground—the other one made a severe struggle, and made his escape—I had seen him put it into his pocket—it was a dark handkerchief—he got away with—it at last.
Prisoner. He said he was driving over Westminster-bridge in a cab, and saw me take the handkerchief, and give it to another, up his smock-frock; now he says the other put it into hit pocket. Witness. The other had a smock-frock, which I tore down in his endeavouring to escape—I am confident the prisoner took it—I did not lose sight of him till I seized them—the prisoner got hold of my legs, to get me down, while the other pulled away from me.
MR. DOYLE re-examined. Mine was a dark silk handkerchief; with a black or dark brown ground.
Prisoner's Defence. I was going over the bridge to my aunt's—I felt somebody come against my coat, which shoved me down.
GUILTY .* Aged 17.— Transported for Ten Years.
ISRAEL BELASCO . The prisoner was in my employ as errand-boy for about five weeks. On the 20th of October, between seven and eight o'clock in the evening, I left a box on my counter, containing 3l. 5s. In silver and copper—I saw it again about eight o'clock—the lid was then wrenched off, apparently by a knife—the prisoner was sitting close to the counter, shelling walnuts with a knife—next morning he came to work with a new cap and a new shirt, waistcoat, and neck handkerchief—I asked where he got them—he
said from his aunt in Southampton-buildings, Tottenham-court-road—I took him there, and on the road I said, "Robert, if you tell me the truth I shall think you innocent, but if it is false I shall think you guilty"—he said, "I am all right"—I went to his aunt—she denied having seen him for a month, or having given him any thing—I took him home, and said, "Robert, how came you to take my money, when I took you in, as you said you had no father or mother"—he said he did not take the 15s., only 12s. 6d., and that he bought the clothes with the money in Seven Dials—I took him there, they identified him at several shops—I then gave him in charge—I believe he has neither father, mother, nor friends.
GUILTY. Aged 17.—Recommended to mercy.— Judgment respited.
NEW COURT.—Thursday, October 25th, 1838.
Fifth Jury, before Mr. Common Sergeant.
2344. GEORGE GREEN was indicted for stealing, on the 22nd of September, 1 hat, value 2s.; 1 handkerchief, value 4s.; 12 shillings, 1 sixpence, and 3 halfpence; the goods and monies of James Langford:— also, on the 1st of August, 1 pair of trowsers, value 3s.; 1 jacket, value 2s.; the goods of William Boorrer; to both of which he pleaded
GUILTY . Aged 18.— Confined Six Months.
Atkins. We bought them at 1s. 3d. a-piece.
COTTON— GUILTY . Aged 15.
ATKINS— GUILTY . Aged 16.
Confined Three Months.
ROBERT CRASKE . I am writing-master at Christ's Hospital. At a quarter-past four o'clock on the 10th of October, I was in Picket-street, Strand—I felt a push on the right shoulder—I turned, and saw the two prisoners walking side by side—I started into the road, and felt, and my pocket handkerchief had been taken—I had seen it safe a quarter of an hour before—I went on in the road by the side of the prisoners about twenty yards, till we got to Wych-street—they parted—Hart went on, and Mitchell entered a public-house—Mitchell was nearest to me—I can swear
he is the person who touched me on the shoulder—I followed Hart, and gave her into custody, and she immediately produced my handkerchief, this mine—(looking at it)—I went to the office with her, and while there Mitchell was brought in by another officer—he was placed before me—I said he was not the man, but when I went to the office again I saw him side by side as he was before, and swear he is the man.
JOHN GLASSCOCK (police-constable F 16.) I took Hart—she said, "Here is the handkerchief; a young man gave it to me coming along"—as we were going along, she said to the prosecutor, "I hope you won't be too severe with me."
JOHN GARNER (police-constable F 122.) I saw Hart and the prosecutor, and just after they passed, Mitchell came by me and put his hand into his pocket, and, from information, I took him going through Russell-court—I had him by the collar—he turned and knocked me down, but I kept him and took him to the office.
Mitchell. He would not tell me what he took me for—I know nothing about this woman or the handkerchief.
JURY to ROBERT CRASKE. Q. Have you any doubt as to whether Mitchell is the man? A. I have not the slightest hesitation in swearing to him, to perfect a resemblance as he bears to the person—he seems to be the same man—I will swear he is the same man—when I saw him first at the office, I saw him full face, and in the road I only saw his side face—he then seemed a different person.
COURT. Q. Were there any other persons nearer to you that could have taken the handkerchief but him? A. No one—it is impossible that Hart could have taken it herself.
HART— GUILTY . Aged 19.— Confined for Three Months.
MITCHELL*— GUILTY . Aged 21.— Transported for Ten Years.
2347. ANNE EVANS was indicted for stealing, on the 1st of October, 1 watch, value 3l.; 2 seals, value 1l. 10s.; 1 watch-guard, value 18s.; 1 watch key, value 10s.; 1 ring, value 8s.; and 1 watch chain, value 3s.; the goods of John Julian, from his person.
JOHN JULIAN . I live in North-street, Fitzroy-square, and am a coachmaker. On the evening of the 1st of October, I was returning home through Rathbone-place, and met the prisoner—I did not know her—I went to a public-house with her, and I lost my watch—I was with her about a quarter of an hour—I do not think I went to bed—while I was sitting by the side of her, she took it off my neck—I was between sober and drunk—this is my watch—(looking at it.)
Prisoner. I met this man—he said, if I would take him home, he would give me a sovereign—I took him—he took off his coat and pulled me about, and then he got out of bed in a hurry, and ran down stairs—I said, "You are going, and forgetting me"—he said, "No; I will be up in a hurry again"—he went out and shut the door—I went upstairs and found watch on the floor—I did not know Where he lived, and as he had deceived me, I pawned the watch. Witness. She said it belonged to her husband.
NOT GUILTY .
2348. MATTHEW RICHARDS was indicted for stealing, on the 8th of October, 1 half-crown, 9 shillings, 2 sixpences, 4 pence, and 67 half-pence, the monies of William Phillips, and that he had been before convicted of felony.
JANE PHILLIPS . I am the wife of William Phillips, and live in Molyneux-street, Marylebone. About twenty minutes past nine o'clock on the 8th of April, I saw the prisoner pass my window with my till under his arm—I pursued him, crying, "Stop thief," and he was stopped, but he put down the till in a door-way—I gave him into custody—this is my till—it had my money in it.
GUILTY . Aged 11.— Transported for Seven Years.
ELLEN WARREN . I live with my mother in Arundel-street, Strand. The prisoner was our servant—on the 13th of September I lost a ring—I asked her about it the next morning, and she said she would go and look in the street, as she supposed she must have shaken it out with the table-cover—this is my ring—(looking at it.)
Prisoner. I found it on the floor, and intended to give it her again, and before I returned it my mistress found it in my pocket. Witness. She said she knew nothing about it.
Prisoner. If I had been inclined to keep it, I would not have put it in my pocket—it was in my pocket on the bed.
(Edmund Farrant, of Arundel-street, and Alexander Cochrane, of Halsted, in Kent, gave the prisoner a good character.)
GUILTY . Aged 17.
2350. JOHANNA NEALD was again indicted for stealing, on the 28th of September, 2 towels, value 2s.; 3 yards of silk, value 5s.; 2 petticoats, Value 2s.; 1 frock, value 1s.; 1 shawl, value 10s.; 2 habit-shirts, value 1s.; and 1 dressing-gown, value 2s.; the goods of Jemima Gibbs.
JEMIMA GIBBS . I am a widow, and live in Mornington-place, Hampstead-road. I had an apartment at Mrs. Warren's—I left a trunk of things there, when I went to France—I missed the articles stated—these are some of my things—(examining them.)
Prisoner. Mrs. Warren's brother broke the chest to see what was in it.
ought to be very careful as it was not mine—on the 29th, I went into her room and found these articles between the mattress and the bed—I then sent for a policeman, who took her—my brother did not open the chest—I found the ticket of the shawl in her pocket.
Prisoner. She had her brother to break it open, to see whether there was the value of her rent left in her box.
Primer's Defence. I did not pledge it, but I bought the duplicate—I never touched the chest, and know nothing about what was in it.
GUILTY . Aged 17.— Transported for Seven Years.
MARY ALLKINS . I am the wife of Joseph Allkins, and live in Wey-mouth-street, Marylebone—I keep, a wardrobe. On Saturday evening, the 29th of September, about eight o'clock, I was in my back parlour, the prisoner was about the shop, and I saw him run away very suspiciously out of the shop—I ran after him—I lost sight of him, but found him secreted in a doorway, with his face toward the door—I accused him of robbing me, he denied it, but I gave him in charge—this property was dropped in a street which he went down, while I pursued him, but I did not see him drop it—he had gone down another street—this property is mine—I had seen it safe about half an hour before.
Cross-examined by MR. PAYNE. Q. What distance did you find him from your shop? A. I found him in Westmoreland-street, three streets from Weymouth-street—I should think it is a quarter of a mile—my back parlour is eight or nine yards from my front window, where I saw the person—a man gave me the two capes, and a woman gave me some other property.
SAMUEL LOWEY . I live in Little Chesterfield-street. I saw the prisoner running with some things under his arm, and as he came to the rails he dropped them—I took them up and sat by them—a woman came and took them, and gave them to the prosecutor—the prisoner is the boy that dropped them.
Cross-examined. Q. What time was this? A. A little before eight o'clock—I did not go after him, but stopped by the things—I saw him run across.
THOMAS ALLEN (police-constable D 154.) I took the prisoner, and found two-silk handkerchiefs, one round his neck and the other in his pocket—they are not the prosecutor's—they are quite new and not hemmed—I asked where he got them from—he would not tell me, but I found the bills of the shops—he had purchased them both.
GUILTY. Aged 18.—Recommended to mercy by the Prosecutor.— Transported for Seven Years.
MR. BODKIN conducted the Prosecution.
me—the prisoner was in my employ very nearly two years—in May lost I called his attention to something in the books—after that he did not attend to the business as before—he left about the latter end of May without notice—I had paid his wages up to the Saturday before—I saw him several times after that—I cannot exactly say when—he was taken on this charge about a month back—he had not returned to my service in the mean time—he had no authority to receive the sum of a guinea in August last of a customer of the name of Sanderson—he never communicated to me that he had been to apply for that money, or to receive it—I received this letter by the post (looking at it)—I have seen him write, and believe this to be his handwriting.
Cross-examined by MR. JONES. Q. Do you mean this is like his handwriting? A. Yes, I believe that to be his—I would not swear positively—it is unlike his general writing certainly—I can swear I have seen letters of his handwriting which correspond with this—I do not mean to swear that I have ever seen him write like this—he had been in my employ about eighteen months—I cannot tell whether he had had any quarrel with my son shortly before May last—I never heard of such a thing—he did not leave in consequence of having words with my son—he never said any thing to me nor to my son about leaving—I left the management of the business to the prisoner and my son, who was in the habit of having more communication with him than I had—I cannot tell how often he called at my house after he left—I might have seen him two or three times—I knew where he lived for some little time after—I did not know, for a month or three weeks, because he was shifting about—I called on him repeatedly to ask him to return, he did not refuse—he did not return as my servant, but was at my place several times—I often asked him for explanations as to my books, money paid, and so on—he did not always give me an answer to my satisfaction—before I took him on this charge I charged him with behaving improperly as my servant—the last time that I called on him before I took him was the latter end of May, or the beginning of June—I believe it was after that that he called on me, but I had no communication with him—I believe my son had not—he and my son superintended the books in my absence—I sometimes made entries—there were not frequent irregularities occurring from my interferences—I never called on him to account for monies that I had received—my son was in bed when I left home, this morning at half-past eight o'clock—he is not able to come here, he has just come off a journey—he is under the necessity of going to a physician this morning—after the prisoner left my service in May I might have spoken to him about the outstanding accounts—I have not spoken to him frequently since he left my employ about getting orders for me, nor about getting the money for orders he had procured for me.
MR. BODKIN. Q. You do not think this like his ordinary writing? A. No—he is capable of writing different hands—on looking at this I discover some letters which induce me to think it is his writing—after he finally left, on the latter end of May, I had no communication with him on business—I called his attention to some irregularities in the books about a fortnight before—he then came occasionally—he sometimes stopped away one or two days, or a week—the latter part of May was the last time I had any communication with him on business—he called early in June, but I had no communication with him then—my son returned from a journey on Tuesday evening.
MARTIN SANDERSON .—I am inn-keeper and coach-proprietor at the Boar and Castle, Oxford-street. I am a customer of Staff and Son—I had an article of them in January last—it came to a guinea—the prisoner called on the 24th of August, and asked for further orders, and was very pressing for them—I wanted a cover for a provender-van—he went into the yard, and said he knew what would do—I gave him the order—he asked me if it would be convenient to pay that little account, and I gave him a sovereign—he wrote this receipt for it in my presence—the bill had been previously left (looking at a letter)—I did not write this, or authorise it to be written—I asked him what would be the price of it, and how long it would take to make—he said we should not fall out about the price, and he could not promise it under about six weeks.
Cross-examined. Q. Have you any partners? A. I work coaches with several people—this tarpaulin was used for some of the coaches—I paid for it, but it has since been charged to the general account—when the prisoner came in August, I knew at once who he was—he was very solicitons for orders—he said "anything in our way?"—there was no mention of the name of Staff and Son, that I can recollect—one of my servants brought him, and said, "Here is this person from Staff and Co."—the prisoner was within five yards and must have heard it.
MR. BODKIN. Q. You bought this yourself individually? A. I did not absolutely buy it at all—he left it—I paid for it out of my own funds.
COURT. Q. Did you receive any orders from your partners to buy it? A. No, I should have appropriated it to my use.—(Receipt read.)
"Martin Sanderson to Messrs. Staff and Son:—One imperial yellow coach-cover, £l. 1s. Received, 24th August. J. GRIFFIN."
(Letter read.) "To Messrs. Staff and Son.—Please to have made immediately, a black or yellow covering for a hay and corn yard, which must be delivered by the 10th of September, without fail; the size 18 feet and 10 feet wide, to be marked Sanderson, Boar and Castle, Oxford-street' on each side. Relying on your punctuality. Yours, &c.,
"Boar and Castle, Oxford-street, 28th Aug. 1838. M. SANDERSON." Sarah Pope, of Bermondsey New-road, gave the prisoner a good character.
GUILTY . Aged 35.— Transported for Seven Years.
MR. BODKIN conducted the Prosecution.
WILLIAM STAFF . The prisoner was in my employment. He left in the latter part of May—after he left me, I had no communication with him on business—I did not authorise him to apply to Ann Holloway on my account.
ANN HOLLOWAY . I carry on the business of a saddler at Hounslow, and deal with Messrs. Staff and Son—I think I was about 12l. in debt to them. On the 17th of July the prisoner called, and said he was a traveller for orders—that he did not want money, but would be obliged if I would advance him a small sum to help him on his journey—he produced this letter to me—nothing was said about paying my account—I said it did not suit me to settle the account—he said he did not want it, he only wanted a trifle to take him on his journey, which he would repay me on his return—Mr. Staff was in the habit of calling on me himself for my account—I
said so, and the prisoner said Mr. Staff had a very great deal to do at Vauxhall, and could not attend—he asked me to refer to some former letters, and I found one from Mr. Lambert—he said Mr. Lambert was the person who conducted the business at Smithfield, and that his own name was Williams—after some time I let him have a half-sovereign—he wrote the receipt on the back of the letter.
GUILTY . Aged 35.
JAMES PORTER (police-constable E 85.) In consequence of an anonymous letter being sent to the prosecutor, I watched in Goodge-street, where he lives—on the 29th of September, at half-past two o'clock in the day, I saw the prisoner come with a tray with bakings on his head—he carried it to a pork-shop, and left the bakings, then came out of the house—his boy came and spoke to him—they stood talking in Newport-passage, and I saw something under the prisoner's arm—I left him in custody of a person, went to the boy, and found him and his mother coming towards the prisoner—I found these two small loaves under the prisoner's jacket—I went to his house, and found these bags and this flour.
Cross-examined by MR. HORRY. Q. How long were you in the country? A. A fortnight—I had intimation twelve months ago that he was robbing me—he has been about a year and three—quarters in my employ—I always said that these bags were mine—these cloth bags are what I have in my trade—when I have them I pay for them, and the money is returned when I return them—I believe I said that I believed they were taken from my house—the bags that belong to Mr. Muggeridge are marked with his name—I had them from him.
Cross-examined. Q. Were you examined at the police-office? A. Yes; what I said was taken down in writing.
JURY to JOHN FORTESCUE. Q. Is it customary with bakers to allow their men bread and flour? A. I gave him bread and flour when he asked for it, but it was always in half—quartern bags, and these are quartern bags.
MR. HORRY. Q. Can you swear that these loaves were not given to him by anybody else when you were in the country? A. My wife never gave them to him, or she would have told me if she had—I never gave cloth bags to the prisoner.
GUILTY . Aged 45.— Confined Six Months.
the 14th of October I lost a pair of breeches from off my counter in the shop—these are them.
Prisoner. My husband was out of work, and I was very much discreased.
GUILTY . Aged 22.— Confined Three Months.
ROBERT HOPKINS . I live in York-street, Church-street, Bethnal-green. The prisoner came into my service on the 2nd of October—next day I was going out, and wanted these boots to put on, I could not find them—he said, "I have not seen them"—the next day he still continued to say he had not seen them, but at last he said he took them home at night when he left; but it turned out afterwards that he had not been in the place above three hours before he took them to be repaired, and said he meant to have sold them.
(The prisoner received a good character.)
GUILTY. Aged 11,—Recommended to mercy Confined Five Days, and Whipped.
WILLIAM WALTER BAGGALEY . I live in Brett's-buildings, Hoxton, and am a clerk in the Post Office. About eight o'clock in the evening of the 3rd of October, I was in the City-road—I received information, and felt my handkerchief was gone—this is it—(looking at it)—I had had it a quarter of an hour before—I went after the two prisoners, with Carr—they were walking slowly along—I seized Wilmot—Mason ran away—he ran before I spoke to him.
GEORGE HENRT CARR . I am a silversmith, and live in Finsbury-place. About a quarter past eight o'clock, on the evening of the 3rd of October, I was passing in the City-road, and saw the two prisoners—Mason took the handkerchief from the prosecutor's pocket—he then went and joined the other—I went and told the prosecutor—we went after the two prisoners, and found them—Mason ran away—I followed him—he threw the handkerchief from him—I took it up, and took him.
Mason. I never had it at all—he had nearly throttled me, and I ran away—I was passing, and the gentleman said that he saw me make an attempt at the gentleman's pocket, then make another attempt, take the handkerchief, and put it into my breeches' pocket—he then crossed, and asked if the gentleman had lost a handkerchief, and he said he had; he said, "I think they are the two that have got it," and I had no handkerchief in my possession.
Witness. I saw him make an attempt at the prosecutor's pocket before
he took it—Wilmot was behind Mason when he tried the pocket, and when he took it.
MASON*— GUILTY . Aged 15.— Transported for Ten Years.
WILMOT— GUILTY . Aged 15.— Confined Three Months.
MR. PHILLIPS declined the Prosecution.
NOT GUILTY .
WILLIAM BRYANT . I am an apprentice to Sarah Avila, of Park-place, Mile-end-road, a pawnbroker. Between six and seven o'clock, on the 26th of September, I was taking the things into the shop—I took down three pairs of trowsers, and put them inside the shop, close to the door—I was at the other end of the window, and the prisoner went inside and took them—I came down from where I was, and laid hold of him—he dropped the trowsers directly behind him—here is part of his jacket that I tore from him, when I took hold of him, and he tried to get away.
Cross-examined by MR. CLARKSON. Q. Where were these things? A. Close to the door, inside—he had to go through two doors to get them—I was at the other end of the shop.
GUILTY .* Aged 18.— Confined Six Months.
ROBERT WALKER . I live in Shepperton-place, New North-road, and am a surgeon. About twelve o'clock at night, on the 2nd of October, I met Johnson, in the Strand—I walked home with her to No. 1, Little Catherine-street, where she stated she rented a room—I went into a room, on the first floor—I had in my pocket about 7l. 10s. in gold, or 10s. in silver, I do not know which, and silver to an unknown amount—I gave her a half-crown for wine and water, and immediately after, a half-sovereign, and a little after, I gave her 5s. to get brandy and water—I partook of it—half-a-crown was the charge for one glass of wine and water—my purse and money was in my right-hand trowsers' pocket—I was going to leave, when she made a demand of more money, for the use of the room, which I refused to give—the half-sovereign was for her—I thought I had paid enough—the prisoner Abrahams came up, stood between me and the door, and talked a great deal—at last, I gave her a sovereign, on condition that Johnson was to refund a part of the money, and she brought me back 10s.—I then sent for more brandy and water—we all three drank it—that cost half-a-crown—brandy and water was sent for again—that was another half-crown—it was then approaching to two o'clock—a man made his appearance, who was stated by Abrahams to be her husband, and he joined in consuming the brandy and water—I sent again for brandy and water—the man then left, and I undressed and went to bed, by myself—I was considerably drunk—I was very sick—I was lying quiet in the bed, when something attracted my attention, and I saw Abrahams in the room, with
my trowsers in her hand—Johnson was about two feet from her—my purse with the remainder of the money, was in my trowsers—I got out of bed, and said to Abrahams, "It is too bad to be meddling with my trowsers, "and I took them into bed with me—I did not look to see whether the money was safe then—I fell asleep, and did not awake till nine o'clock—I found a strange woman in bed with me, and found all the gold was gone—there was a shilling at one end of my purse, and 9s. 6d. at the other—I went down stairs, and charged Abrahams with the robbery—she denied it, and said that the other girl had left—she did not know where she was—I got an officer, and returned—I found both the prisoners there—the officer searched up stairs, and found three sovereigns, and Abrahams offered to give me two sovereigns in addition, if I would say no more about it.
Cross-examined by MR. PHILLIPS. Q. Did you tell that to the Magistrate? A. No—a servant was present, and the girl that was found in bed with me in the morning—I was told by the Magistrate's dark to give no evidence but what was direct—I did live in Shepperton-place, but do not jut now—that is my residence in London—I am a surgeon and a gentleman of education—I conceived his Lordship asked my place of residence—I said the same thing at the police-office—I was not living there then, but I have property there—I am living just now with an aunt at Bromptonrow—I was living at Brompton-row when I swore to the Magistrate that I was living at Shepperton-place—I do not know what became of the strange woman whom I left in the bed—I believe she was not searched—I was sober when I went there—I gave the second woman nothing—I did not send a sovereign down stairs in the morning to be changed, to the best of my recollection—I do not remember—I believe I was so tipsy that there are many things I may have forgotten if they did occur—I certainly was so drunk I do not remember it—I can only swear to the best of my memory, and I will swear I did not send it down—I do not forget what happened, or I should not remember the case about the trowsers—I did not send down any more money after the 1l. 17s. 6d.—I did not touch the wine and water—raw brandy was next sent for—I drank some of that—I was not sober when I drank it—I should think I drank about three-fourths of the glass of brandy and water—I began to feel excited—it was very strong—that came up three times—I think raw brandy came up three times—I will not be positive how much each time, but. I should think about two wine glasses—I think I sent down half-a-crown each time—I was then getting tipsy—I was drunk—I do not remember how much of the raw brandy I drank the first time—it came up in a small bottle or a small jug—I do not know what I drank it out of—I certainly did not put the bottle to my lips and drink the raw brandy—I drank either out of a wine glass or a tumbler—I did not deny before the Magistrate that I had connexion with Johnson—I remember denying having any connexion with the second woman—I gave her the half-sovereign before I was with her—I gave it her when she came in with the wine and water—I sent down the last sum of money after the gentleman came up—he had not gone down stairs before I sent down the last money, as far as I can remember—I found 10s. 6d. in my purse in the morning at nine o'clock, and 1l. 17s. 6d. I admit sending down—I brought 7l. 10s. into the house besides silver, I cannot tell how much—I entered the house a little before twelve o'clock—I had been at Covent Garden Theatre—I did not go directly
from there to this house—I had never been at Covent Garden Theatre before—I went first to a coffee-house in the neighbourhood—I had there a glass of ale and a glass of whiskey punch—a gentleman was with me there, whom I met at the Theatre—I had never seen him before—I staid with him about half-an-hour and drank with him—I think I paid a shilling, but I do not know—I had a pint of ale, but I left part of it—I am not positive what the bill was.
ROBERT ANDERSON (police-constable F 106.) I was called to this place in Catherine-court, soon after nine o'clock, by the prosecutor—the two prisoners were there, and were given into custody—Johnson wished to go up stairs, to put her bonnet on—she ran up—I followed her—she said, "Perhaps the gentleman left the money on the bed"—she commenced shaking the clothes, but no money was found—she then stooped down, and pushed the carpet about, and then she moved—I stooped, and found three sovereigns—I had searched that place before, and found nothing—I had looked there about three minutes before—I am sure of that.
JURY. Q. Was the prosecutor sober? A. Yes, at that time.
JURY to ROBERT WALKER. Q. Are you positive you did not give either of these prisoners more money than what you hare mentioned? A. I did not—I will only swear to the best of my recollection—I cannot swear to more than that.
ABRAHAMS— GUILTY [Recommended to mercy by the Prosecutor. See original trial image.] . Aged 21.— Confined One Month.
JOHNSON— GUILTY [Recommended to mercy by the Prosecutor. See original trial image.] . Aged 17.— Confined Three Months.
Recommended to mercy by the Prosecutor.
SARAH LOVEARD . I am the wife of Thomas William Loveard, of Lady Lake's Grove, Mile-end Old Town; he is a carman. At ten o'clock in the morning of the 10th of September, the prisoner came, and asked me to give him his hat, which was chucked over the wall—the yard-door is near the street-door, and when I went, he confined me in the back place while two others went in, and one went into the front room—I had a watch in a tumbler on the mantel-piece—I saw a man come out of the room, and then this man let me go, and went away—I ran after him, and he was taken—the watch was gone—I was looking at the watch when the knock came.
Cross-examined by MR. CLARKSON. Q. Where were you when the door was knocked at? A. In the parlour, rolling my mangle—I was not looking out of window—I was kept behind the street-door at the time, in a little kitchen—I did not see it taken, but I heard it—I gave the prisoner his hat, and then he went off.
GUILTY . Aged 36.— Confined Six Months.
2362. DAVID MORGAN COOPER and HENRY THOMPSON were indicted for stealing, on the 16th of October, 1 skittle-ball, value 7s. the goods of Joseph Hersey; and that Cooper had been before convicted of felony.
16th of October I missed my skittle-ball from my shed—(looking atone)—this it. Thompson is a horse-keeper in my stable.
EDWARD JAMES LEVY . I am a police-sergeant, of Brentford. About a quarter put twelve o'clock, on the 22nd of October, I met the two prisoners—Cooper had this ball under his smock-frock—I asked him where he got it from—Thompson, said from his mate, and that Abel Chapman had sent them to sell it—I took them to the station, and then went to see for Chapman, and on the way I found the prosecutor.
Cooper's Defence. It was given to me by this prisoner, to go and sell it.
COOPER— GUILTY . Aged 22.— Transported for Seven Years.
THOMPSON— GUILTY . Aged 23.— Confined Three Months.
SALVADOR FORD . I live in Elbow-lane, Shadwell. About six o'clock, on Saturday, the 6th of October, I met some persons, and went drinking with them—after that the prisoner took me from the highway to Gallowsalley I went to a public-house with him—I had not got a penny, and I offered the landlord my watch, which was in my pocket, for 1 1/2 d.—I had another watch any waistcoat-pocket—after I drank I left the public-house, and went to a narrow place in the highway, and there the prisoner, gave me a shove in the breast, and whipped the watch out of my pocket—he ran off—I sang out, "Stop thief"—he was taken and brought back—this is my watch—(looking at it.),
Cross-examined by MR. HORRY. Q. You met the prisoner? A. Yes, in High-street, about five o'clock—we then went to the Mahogany Bar public-house, close by Wellclose-square—I had not been drinking before—that I wear positively—I had never seen the prisoner before that day—I have never said it was about one o'clock that I lost my watch—I was in the Duke of York between one and two o'clock, not with him, but with a sailor—there were two others with the prisoner when I met him, between nine and ten o'clock in the morning, but I did not speak to him—there was a man with him—I saw them between one and two o'clock the second time—I did not stop at the Duke of York—I met the prisoner again, close by the same place, about one or two o'clock—he said, "Father, where is the man who was with you?" and I said, "He went this way"—he said, "Father, come on let's see if I can see him"—he said he had got dinner ready for him—I knew the other man twelve months ago—the prisoner and I went to look after the other man at the Galley Stairs—we did not find him there—we then went to the Mahogany Bar—I was quite sober then—I do not know a Person named Ware—I went to a haberdasher's shop in the neighbourhood for a front for my shirt, but I did not offer to leave my watch there for that—I did offer to leave it, but Mrs. Pite refused to take it—she said she knew the Prisoner—he said, "Come on, father"—he did not say he would not have the watch—I did not offer it to him—Mrs. Pite told me to give it to the prisoner, and I said, "Yes"—the prisoner did not say, "I won't have it"—perhaps he did say something of that sort—I was standing by
him all the time—I did mean to go to Ireland to be off the prosecution—I said, if they gave me the value of the watch I would not appear.
ROBERT CAMPPEN (police-constable H 137.) I heard the cry of "Stop thief" about a quarter to six o'clock that evening—I saw a person running, who I believe was the prisoner—I overtook him—he was very much excited—he threw off his shoe in Wellclose-square, and then I took him—he swore by his God he would not go without his shoe—he was very violent, and I called a fireman to help me—the prisoner had run by Mr. Levy's.
Cross-examined. Q. Where did you first see him running? A. In the New-road—I lost sight of him going round Neptune-street.
GUILTY . Aged 28.— Transported for Ten Years.
GUILTY . Aged 12.— Confined Three Months.
GUILTY . Aged 16.— Transported for Seven Years.
WILLIAM DWELLEY . I live in Tottenham-court-road, and am an ironmonger. About two o'clock on the 2nd of October, I was behind my counter, the two prisoners came in, and I turned to get some tea-pots which they asked for, and a metal cock was missing from the counter—I taxed Wheatley with it, and he took it out of his pocket, threw it down, and left the shop, and ran off—I pursued and took him—the woman went away.
Wheatly's Defence. I did not know what I was doing.
WHEATLEY*— GUILTY . Aged 31.— Transported for Seven Years.
FAIR— NOT GUILTY .
2367. ANN CARROLL was indicted for stealing, on the 3rd of October, 1 watch, value 2l. 10s.; 1 seal, value 5s.; 1 watch key, value 10s.;, 1 watch chain and ring, value 10s.; 1 handkerchief, value 2s.; and 5s.; the good and monies of James Avent, her master.
JAMES AVENT . I live in Holly-bush-lane, Hampstead—my wife is a laundress. On the 2nd of October the prisoner came to us as a servant—on the 3rd she ran away, and I missed this property—this is my watch—(looking at it.) ALFRED JONES. I am foreman to a pawnbroker in East Smithfield. On the 5th of October this watch was pledged by the prisoner—I Knew her very well as a customer, and I gave her into custody the day following.
Prisoner. It was my brother's watch that I pledged.
GUILTY . Aged 18.— Confined Six Months.
MR. PHILLIPS conducted the Prosecution.
SAMUEL TAVERNER . On Wednesday, the 17th of October, I was in the neighbourhood of Whitechapel—I had purchased some meat and two or three things—I was tripped up or knocked down, I cannot tell which—I became senseless—I had a cigar case in my pocket, containing 1l. 11s. in silver—I found myself at home when I recovered—I then had no cigar nor money.
WILLIAM BARKER . I was in the employ of Mr. Clark, a butcher—I live in Chapel-place with my father, who is a shoemaker. On the 17th of October I was passing Field-court, and saw the prosecutor on the ground—I saw the prisoner put his hand into his pocket, and take out a case—it appeared to be white and long—I saw him put it into his own pocket—he asked me to give him a lift up with him—I did help him up, and led him home to his house, and then the prisoner hallooed out, "Stop a minute"—I did so, and the prisoner came down—we came on a little way, and he pulled 3s. out of the case, gave me 1s., and told me I was not to say any thing, and up with his fist, meaning that if I did he would kill me—I went about my business—we tossed who was to have the middle shilling—I afterwards went to Smithfield for some straw—I told this the next morning to the prosecutor's wife, and the prisoner was taken up.
JON MORLSY . I am a police-constable. I apprehended the prisoner, and asked if his name was Wilds—he said it was not—that was the answer he made—he said that I was mistaken in the man—I took him into custody—he had been described to me by the prosecutor before I took him—I asked him what he had done with the money—he denied that he had taken any.
Prisoner. I know nothing about the money.
GUILTY . † Aged 21.— Transported for Ten Years.
Sixth Jury, before Mr. Sergeant Arabin,
MICHEL M'GRATH . I live in Devonshire-place—I knew the prisoner's father twenty years ago—he is no relation of mine, though the same name—at half-past ten o'clock on the 4th of October the prisoner came to me in consequence of an invitation which I gave him, never to be hungry, but to come to me—I gave him his breakfast—he remained some time—in the evening I received an anonymous letter by the post, in consequence of which I went to Holborn, and got two spoons at a pawnbroker's—the prisoner had an opportunity of taking these things—they are the property of Mr. Langford Kennedy—I am his butler.
Cross-examined by MR. PAYNE. Q. You can give him a good character? A. I heard nothing against him.
THOMAS JAMES WOOD . I am a pawnbroker, in High-street, Bloomsbury. These spoons were presented on the 4th of October, by the prisoner—there has been a crest rubbed out, and I refused them—he said he brought them for Mr. M'Grath, who lived in Devonshire-place, and he would come about them.
Cross-examined. Q. What else did he say? A. He said he did it in an unguarded moment.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined Six Weeks.
JOSEPH SALTER . I am a labourer, and work in the St. Katherine's Docks. Between twelve and one o'clock on Sunday morning, the 7th of October, I was on my way home, at a quarter past twelve o'clock—I finished at the Docks at four o'clock, and then my wife was taken ill—I went out on business, and was going home—there was. no one with me—I was turning the corner of Osborne-street—four young men came behind, and pushed the prisoner Smith against me—he crossed his hand round me, and caught the ribbon of my watch—I caught his hand with the watch in it—the other two prisoners were with him with another whom I could not recognise—they pushed me—my hat fell off, and I was pushed five or six yards from the hat—I took the watch out of Smith's hand—I could not swear that it was done with the intention of depriving me of it—it might be to keep himself from falling—he was pushed against me—I put my watch into my fob again—they upbraided me with my country, and I followed them to Brick-lane, and lost sight of them—I met them again, in about twenty minutes, in Spitalfields, coming out of the market, and followed them to Brick-lane, towards Osborne-street—I met a policesergeant, and gave them into custody—I did not lose my watch.
Cross-examined by MR. JONES. Q. Were you quite sober? A. Yes; I had been out to market with my wife—I had left her half an hour before this happened—I had one glass of spirits, that was all—I drank no more that evening—they told me they did not want my Irish watch—that was after I extricated myself from them; immediately after my hat fell off—I threatened I would give them in charge for attempting to deprive me of my property—I threatened to give them in charge for abusing me—they walked away, and I with them—I did not give them in charge.
NOT GUILTY .
2371. MARY VALE was indicted for stealing, on the 10th of August, 2 handkerchiefs, value 10s.; 4 pairs of gloves, value 4s.; 1 shawl, value 1l. 4s.; three quarters of a yard of printed cotton, value 6d.; half a yard of mouslin-de-laine, value 1s.; 2 pen-holders, value 6d.; 6 yards of ribbon, value 1s.; 4 balls of cotton, value 4d.; and 1 skein of cotton, value 4d.; the goods of John Piddington, her master.
MR. JONES conducted the Prosecution.
ELIZABETH PIDDINGTON. I am the wife of John Piddington, of Brudenell-place, New North-road. We formerly lived in Northamptonterrace—the prisoner came to live with me in March, and left me on the 14th of August—from something that occurred, I went to where she lived with a lady to whom I gave her a character—I saw the prisoner there and required to look at her boxes—I there found these cambric handkerchiefs
this other handkerchief, and these gloves—I asked her why she took them—she begged hard for mercy, and said one of them was not mine.
Cross-examined by MR. BODKIN. Q. How long was this after she left you? A. About seven weeks—I said I wished to see her boxes, and she offered me the keys—I said she must go with me—she unlocked the boxes herself.
JOHN PIDDINGTON . I went, in company with a policeman, to the prisoner's lodgings, at Mr. Keene's, in Popham-street, and required to look other boxes—I found this shawl and this calico in them—she begged hard to be forgiven, and said she had not stolen the shawl, but had taken the materials and made it herself—I know the materials of which it is composed—they are the property of my employers, and were in my house foe she lived as servant.
Cross-examined. Q. What is your employ? A. I am in the service of Whiteman, Tomms, and Co., silk mercers—this shawl is composed of a centre, a border, and some fringe—the border is my employers'—it is printed in their factory, and made only by them—they do not sell it but on shawls, and when it has passed through my hands—I swear this is our printing from the peculiarity of the pattern, and the printing, and the colours—it is quite impossible that other houses should print exactly like this—I have been eight years in the business, and am thoroughly acquaineted contained with printing.
MR. JONES. Q. Had any one but you the custody of the material main of which this shawl is made? A. No; only my wife—we have never missed this shawl—the piece of cloth is entrusted to me, and I make as many as I can—it is not possible to know how many we shall make—we have no opportunity of knowing the quantity sent back—they trust to me as a confidential person—this calico is part of a dress of my wife's.
ELIZABETH PIDDINGTON re-examined. This calico is part of one of my dresses—I thought when my dresses were made up that less was returned than I should have had—I thought it strange, but did not suspect the prisoner—this corresponds with the quantity I expected to have.
WILLIAM PEACOCK . I am a policeman. I accompanied the prosecutor to the prisoner's lodgings—I searched her boxes, and found this piece of calico, this mouslin-de-laine, four balls of cotton, and this shawl—she gave the shawl up, and wished to be forgiven.
Cross-examined. Q. Where was this box? A. Up stairs—I went there with the prosecutor, and took her there—she said she lodged there—I do not know that she was a servant there—she said she took the things and made, the shawl herself, and begged to be forgiven.
GUILTY. Aged 22.—Recommended to mercy. — Confined Three Months.
2372. ALEXANDER BROOKFIELD was indicted for feloniously receiving, on the 17th of September, 48 yards of canvas, value 2l. 2s., the goods of Francis Slater and another, well knowing it to have been stolen against the Statute, &c.
locked up on another charge—I then went to his house, in New Inn-yard Shoreditch—I there found 372 canvas wrappers—twelve of which I now produce.
Cross-examined by MR. CLARKSON. Q. Do you know that the prisoner keeps a shop in which he deals in canvas? A. There is a shop which has been there for two or three years—I believe his wife attended to the business.—
THOMAS HUGHES . I am agent to Robins and Co., canal carriers, at Paddington. These twelve wrappers are the property of Messrs. Slater and Co., warehousemen, of Wood-street—I delivered part of them on the 18th of August, and part on the 20th.
JOHN EAMES . I live with Robins and Co. I delivered a lot of packages to Slater and Co., of Wood-street, on the 26th of August—they were all numbered, and these packages correspond with the numbers in my book.
FRANCIS WATSON COATES . I am in partnership with Mr. Francis Slater, we live in Wood-street, Cheapside. I have known the prisoner as a porter for fifteen or twenty years—the wrappers produced are the property of myself and partner, and are worth about two guineas—I cannot say where they had been deposited—I have no doubt they have been stolen from us, but by whom I cannot tell.
NOT GUILTY .
2373. ALEXANDER BROOKFIELD was again indicted for receiving, on the 17th of September, 8 yards of canvas, value 2s., the goods of William Eyers and others; well knowing them to be stolen; against the Statute, &c.
Cross-examined by MR. CLARKSON. Q. Have you any knowledge of them but from what is entered in your book? A. No.
NOT GUILTY .
2374. ALFRED JOHN BOTTOMLEY was indicted for stealing, on the 29th of September, 1 pair of ear-rings, value 13s., and 1 guard-chain, value 3l., the goods of Richard Coventry, his master;— also on the 11th of October, 2 guard-chains, value 6l., the goods of Richard Coventry, his mister to both of which he pleaded
GUILTY . Aged 20.— Confined Five Days.
2375. FREDERICK STIMPSON was indicted for stealing, on the 29th of September, 1/2 a yard of velvet, value 1s. 6d.; 1¼yard of woollen cloth, value 15s.; and 1 pair of trowsers, value 2s.; the goods of Lamen Zox and another, his masters; to which he pleaded
GUILTY . Aged 13.— Confined Three Months.
Before Mr. Baron Gurney.
2376. BENJAMIN PARKER was indicted for feloniously uttering, on the 11th of August, at St. Dunstan's in the East, a forged acceptance of a kill of exchange, for the payment of £157. 3s. 9d., well knowing it to be forged, with intent to defraud Henry Hulbert and others.
MR. CHAMBERS conducted the Prosecution.
HENRY HULBERT . I am a tea and sugar broker, and live at No. 14, Mincing-lane. I have three partners—I have known the prisoner from about three months before the 11th of August—he was a wholesale grocer and tea-dealer, carrying on business in Botolph-lane—my partners have done business for him-purchased tea and sugar for him—on the 11th of August he brought me this bill of exchange, and said he had large payments to make, and wished to discount this bill with others—I discounted this bill for him, with others, and paid him the money, minus the discount—he said he had taken all the bills in the course of business from his customers, and that his customers would not accept bills unless they had the goods in their possession.
Cross-examined by MR. PHILLIPS. Q. Was any body present when the bill was tendered to you? A. He waited nearly an hour before I did it for him—he saw one of my partners, Mr. Layton, at first, but he went out, and the prisoner prevailed on me to discount the bills at last—Mr. Layton was not present at the conversation between me and the prisoner, nor was I present at any conversation between him and Mr. Layton—Mr. Layton is not here—he is obliged to attend a tea sale—the prisoner passed trough the office and saw him—I do not think any conversation took place between them, for Mr. Layton went out almost as soon as he came in—the power and I were alone in an anti-room when I agreed to discount the bills for him—I discounted six or seven for him at that time—I had discounted five or six for him before—several of them have become due—he has become a bankrupt—I believe two of the bills I discounted for him were paid when they became due—this bill is not due yet—I know Mr. Hawes—he is a gentleman of high station and character—I know Mr. Rowden—he has called in on the bankruptcy affair, and applied to us to allow the trail to be put off, and to allow the prisoner to be let out on bail—we did not consent to that, but referred him to our solicitor—we did not give our solicitor any instructions about it—I have never seen him since the commitment—Mr. Rowden has spoken to me several times since the prisoner has been bankrupt—I have seen Mr. Hobler, my solicitor, to-day, and spoken to him—I have not desired him to speak to Mr. Hawes nor to Mr. Rowden—if his had any communication with any of those gentlemen on the subject of their evidence to-day, it is without my authority—I have not desired Barnett to communicate with my lawyer on the subject, or with any body else—Mr. Harrison called, with the assignees, to request the trial might be
put off, and that he might be admitted out on bail—I did not give Mr. Hobler any instruction on that subject—the prisoner was in Newgate then—if Mr. Hobler has given any consent it is without my knowledge—(looking at a paper)—this "F. Hobler" looks like his writing, but I do not know that it is—I never saw him write—I have not received any letters from him—it looks like his writing—I did receive a letter from him last evening, desiring me to attend here to-day—I forgot that—this writing resembles the note I received last night.
Q. On your oath, have you authorised any body to negotiate for money with the prisoner since his commitment? A. No—I did not know of any negotiations whatever—we were very cautious in having any thing to do—I have not authorised any negotiations—we knew nothing at all about it—we would have nothing whatever to do with the assignees—we referred them to the lawyer, and what they did with him we knew nothing about—they applied to us repeatedly to let the prisoner out on bail.
Q. Did you authorise any body to say that this prosecution should be abandoned, provided a certain sum of money was paid on your account to the bankers? A. Never—I know nothing of it—I do not know any thing at all about it—this is the first I have heard of it—none of my partners have negotiated on the subject, that I know of—I have discounted twice for the prisoner, two sets of bills—I should think nine or ten bills altogether—I think the prisoner was about 1700l. or 1800l. in our debt at the time he became a bankrupt—I have not had transactions with him long—I think the latter end of July was the first time we discounted for him, and then the 11th of August.
Q. Did you make any inquiry before you dealt with him in this large way, as to his solvency? A. We did, of Mr. Rowden—I do not know who introduced him to me—I do not myself go to the sales of sugar—I do not think Barnett introduced him to us—the prisoner was taken into custody at his first examination in Guildhall—he surrendered himself under the commission, to be examined—John Hulbert, my nephew, employed the officer to apprehend him—the bill becomes due on the 7th of November.
MR. CHAMBERS. Q. You have mentioned Mr. Hawes and Mr. Rowden; are they assignees under the commission? A. Mr. Hawes is, and Mr. Harrison—they were very anxious that I should give them a letter to the solicitor—Mr. Rowden is not an assignee—Mr. Hawes, Mr. Harrison, and Mr. Burton, I believe, are the assignees—they are the gentlemen I referred to my solicitor—we had taken a great deal of pains to make inquiries before we caused the prisoner to be apprehended.
COURT. Q. When did he become bankrupt? A. I really do not recollect—I think in September—the prisoner's debt to me is not principally for goods, but for bills, many of which are due, and good for nothing.
CHARLES COOPER . I am a grocer, tea-dealer, and in the general line, and live at Wandsworth. I do not know the prisoner himself, but I had dealings with him through his traveller—I bought two parcels of goods, at different times—the first was when he lived in the Borough, which might be two years ago; the last dealing was on the 25th of June—the acceptance to this bill of exchange is not my writing—I never accepted a bill of exchange with the initial F. Cooper—I have lived at Wandsworth upwards of five years—I do not know any person of the name of Cooper, a grocer, there, besides myself.
SAMUEL CATHCART . I am an officer of the Excise, for the Wands worth division, and have been so since the 30th of June last. During that time I have not known any grocer and tea-dealer there but Charles Cooper—an Excise licence is necessary for selling tea—it is part of my duty to make entries, and to know all the parties who have licences—there is no such person as F. Cooper there, to my knowledge.
GEORGE PHILLIPS . I am collector of the parish rates at Wandsworth. I have resided there forty years, and have been collector ten months—I never knew F. Cooper, a grocer, there—I know Mr. Charles Cooper.
WILLIAM FORSYTH . I am a publican at Wands worth, and have lived there thirty-eight or thirty-nine years. I am very well acquainted with the town and the inhabitants—I never knew a person named F. Cooper, a grocer, there.
(Bill read)—"London, 4th Aug. 1838. Three months after date pay to order £157.3.9, value received. BENJ. PARKER & Co."To Mr. F. Cooper, grocer and tea-dealer, Wandsworth. Accepted, payable 205, High-street, Borough, F. COOPER."Endorsed, "Parker & Co".
MR. PHILLIPS called the following Witnesses for the Defence:
FREDERICK COOPER . I live at No. 5, Regent-hill, Brighton. I have known the prisoner about three months from this time—I was introduced to him by Mr. Ball, of Egham, who is in the habit of dealing with the prisoner in his trade—T never assisted or served the prisoner in any capacity—I obliged him once by a bill, for about 70l. or 80l.—I never travelled for him—he promised to set me up in business at Walworth, no, Wandsworth, as a grocer—I called on him at his place of business, No 45, Botolph-lane, about the 26th of July, to ask him if it was convenient for him to put me in business—after a conversation which passed between us then, I put my name to this paper (looking at it)—the whole of this is my handwriting—I went with the prisoner to No. 205, Borough, to Mr. Bamford, who carried on business as a cheesemonger there, at that time, to know if the bill might be made payable there—I believe Mr. Bamford is the prisoner's brother-in-law—the prisoner has been made a bankrupt—I expected him to set me up in business at Wandsworth, and I believe he would have done so, if he had not been made a bankrupt.
Q. When this bill becomes due, on the 7th of November, are you yourself able to meet it? A. I had the money, and was able to meet it before—I remember reading in the newspaper, that the prisoner was taken into custody—I went to Mr. Thompson, the lawyer at Brighton, and told him the circumstance, and he recommended me to come up—I know the prisoner's mother-in-law—I believe she does not reside at Brighton—she is a lady of considerable property—I went to the Mansion-house with the money to meet the bill if it was then due.
MR. CHAMBERS. Q. From whom did you get the money, and when? A. Mrs. Bamford gave me the money last Monday three weeks, after the prisoner was in custody—I had been acquainted with the prisoner somewhere about three months—I was introduced to him by Mr. Ball—he is a traveller, a cheesemonger, I believe, and deals with the prisoner—I have not been to his house for the last two years—I know him very well—he told me he lived at Egham—I have known him these three years—he told me he was a cheesemonger—I worked for him, and made him several suit of clothes—I am a tailor, and carry on business at Brighton, on my
own account—Ball introduced me to the prisoner, at No. 45, Botolph-lane about three months ago, about a week or so before the 26th of July—I signed this paper on the 26th of July—I saw the prisoner, once between my first introduction and my signing that paper—I had not been to Wandsworth to look at the place—he told me he would get a place in the course of a few weeks.
Q. When you were examined just now, did not you say "Walworth," and then correct yourself and say Wandsworth? A. I believe I did—I did not see the prisoner after the 26th of July, till he was in Newgate—I did not know Mr. Bamford before I called there that day—he does not carry on business as a cheesemonger now—I do not know how long he has left—I have not been there at all since—I saw Mrs. Bamford at the Mansion House, and she gave me the money there—I gave it her back again—this paper is entirely in my hand-writing—I wrote it at Mr. Bamford's place—Mr. Parker dictated it, in the presence of Mr. Bamford and another young man, who I do not know exactly—I had never seen him before—he was there as a journeyman in the shop, I believe—the paper was written in the back part of the shop, not in a room—the paper was procured there, I believe—I did not take it with me—the pen and ink were fetched from the front part of the shop—it is a long shop, with a long counter—we were at the end of the counter farthest from the door—I am not positive whether it was done on the counter—I rather think there was a desk—I did not write it on a desk—I wrote it at the farther end of the counter, to the best of my recollection—I am certain I did not write it on any desk—the young man, I believe, brought the ink—they called him—it was a leaden inkstand—I did not notice whether the pen was brought with the ink or not—I do not know whether there was a desk there with any paper—I think it was Mr. Bamford produced the paper—I am quite sure it was Mr. Ball who recommended me to the prisoner—I believe he is now out of the way on account of what has happened to Mr. Parker—I wanted to find him—Ball was not with us at Mr. Bamford's when the paper was signed—Bamford had not been to Botolph-lane, we went to him—Ball was with me at Botolph-lane, but he left us in the lane somewhere—I put the date to this—(read)—"26th July, 1838; I hereby authorise you to accept for me, and in my name, and for your own use, bills of exchange to any amount not exceeding £300. Address them to me at Wandsworth—signed, F. COOPER. To Mr. Benjamin Parker, wholesale grocer, No. 45, Botolph-lane."
THOMAS BAMFORD . In July last I lived at No. 205, Borough, and was in business as a grocer and tea-dealer. The prisoner married my sister—I know the witness Frederick Cooper by sight—on the 26th of July he and Mr. Parker came to my shop, to ask me if I would allow certain bills which the prisoner was going to draw on Mr. Frederick Cooper to be made payable there—I said they were welcome.
MR. CHAMBERS. Q. What o'clock was that? A. I cannot exactly say the time—it was in the after part of the day—the prisoner, Mr. Frederick Cooper, one of my men, and myself were present—it was at the back part of the shop—I have seen Cooper here to-day, and spoke to him for two or three minutes, while the Jury were absent.
MR. CHAMBERS. Q. You have seen Cooper several times since, have
you not? A. No, not till to-day—I was in the prisoner's employ for a month or so, and when Mr. Bamford took the shop in the Borough I went to him.
JOHN ROWDEN . I am of the firm of Rowden and Co., wholesale grocers. I know Mr. Hulbert, the prosecutor—I have seen him on the subject of this indictment—I went to him, to know if he would consent to the prisoner being bailed, and asked him to allow the trial to be put off—I told him the creditors at large considered the liberation of the prisoner on bail was very essential to their interest—he said he was before the public as a prosecutor, and he thought he could not, with propriety, interfere—after a great deal of persuasion on my part, he did consent to Mr. Hobler being seen by the assignees of the bankrupt—what took place between them I do not know—I have seen the prisoner in Newgate, I think, twice—I saw him there within one or two days after seeing Mr. Hulbert—I saw the prisoner before the commissioners, after I had seen him in Newgate, I think only once—nothing more, of any moment, passed between Mr. Hulbert and myself on the subject of the prisoner.
Q. How long have you known the prisoner? A. I think, two years—I thought him honest, or I should not have trusted him—I trusted him to a large amount.
MR. HAWES. I carry on business as a tallow-chandler. I have known Mr. Burton, of the firm of Wilson, Green, and Burton, since he has been assignee to this estate, but not before—I have known Mr. Rowden many years—I have called on the prisoner in Newgate repeatedly, from the 11th of September up to the last week—I was in frequent conference with him as an assignee—I first called on him either the latter end of September or beginning of October, since I was appointed assignee—I had not seen any thing of Mr. Hulbert before I-called on the prisoner the first time—I have seen the prisoner I should think seven or eight times in Newgate—I never had any interview with Mr. Hulbert till the latter end of last week, I think—the first time I saw Mr. Hulbert was on Friday last, and since that I have not been in Newgate to the prisoner—I think I can say positively I have not seen the prisoner in Newgate since I have seen Mr. Hulbert or Mr. Hobler—I have seen Mr. Hobler here to-day—he spoke to me in the passage—I think I told him I was subpoenaed to the prisoner's character—he had some conversation with me—he spoke generally—this is my writing—(looking at a paper)—it is a communication to Mr. King, who is clerk to Mr. Archer, the prisoner's attorney—I knew that at the time I addressed it—to the best of my recollection, I first saw Mr. Hulhert last Friday, but I am not certain of the day—I never saw him more than once.
Q. Did Mr. Hulbert state to you that if, on Saturday, 230l. was paid into Lubbock's bank, he would abandon the prosecution, or words to that effect? A. Never—we were referred by Mr. Hulbert to Mr. Hobler, to the best of my recollection—we went to Mr. Hobler—the assignees did.
COURT. Q. What application had you made to Mr. Hulbert, on which he referred you to Mr. Hobler? A. To put the trial off till next session, and to allow a moderate bail, which he could find, that the creditors might have the benefit of his evidence before the commissioners.
MR. CLARKSON. Q. Have you told us all the conversation you had with Mr. Hulbert? A. I have, I believe, except persuading him to comply—my object was not to negotiate with Mr. Hulbert to put an end to
this prosecution, nor would I have dared to propose such a thing—I only asked him to adjourn the trial—Mr. Hulbert gave us no encouragement whatever, but after using arguments that it would be of real benefit to the estate, he waited until Mr. Layton came in, and I believe Mr. Lay ton referred us to the solicitor—no proposition was made at any time in Mr. Hulbert's presence by any person, that any money should be paid into Lubbock's bank, to my knowledge—I do not know from Mr. Hulbert whether Lubbock is his banker—I did not know who his banker was, nor do I know, myself, only from hearsay, from my own clerk.
Q. Had you, at any time, any negociation with Mr. Hulbert, from which you expressed a desire to see the prisoner's attorney, to concert measures immediately? A. Never—(looking at a letter)—I wrote this letter after having an interview with Mr. Hulbert—I did not write it with the sanction of Mr. Hulbert—I wrote it without his knowledge—my object was to get the prisoner out on bail.
THOMAS BURTON . I am a wholesale tea-dealer, of the firm of Green, Wilson, and Burton. I am assignee to the prisoner—Mr. Harrison and Mr. Hawes are the other assignees—I have seen the prisoner since he was committed to Newgate, and have had several communications with him—I never had the sanction of Mr. Hulbert for any thing that passed between myself and the prisoner—I saw Mr. Hulbert twice on this matter—I went first with Mr. Hawes—he would not interfere, but referred us to his partner, Mr. Layton, and Mr. Layton said he would not interfere, and referred us to his solicitor.
COURT. Q. What was the application you made to Mr. Hulbert or Mr. Layton? A. To get the liberation of the prisoner on bail, to get his evidence, as we have not closed our labours—that is the only application I have made to Mr. Hulbert—I never made any other application—the prisoner has been twice examined since before the commissioners.
FRANCIS HOBLER . I am the solicitor for the prosecution. The house of Hulbert and Co. employed me—I have seen Mr. Hawes, the witness, to-day, and spoken to him—I was not aware that he was subpoenaed for the prisoner, till he told me—I conversed with him after that—this is my hand-writing—(looking at a paper)—I offered to let the prisoner out on bail on condition of his giving certain bail.
COURT. Q. Has Mr. Hulbert given you any authority to forego the prosecution on payment of money? A. None.
MR. PHILLIPS. Q. Did you ever undertake yourself to make such a proposal? A. I decline answering the question.
MR. CHAMBERS. Q. You have acted as attorney for the prosecution throughout the business? A. I have—I saw Mr. Hawes and one of the assignees on one occasion, and had a conversation with them of some duration—the paper I signed was a summons before a Judge to be admitted to bail—I never made any proposal to the prisoner or to his attorney. (The summons was here read, it was a summons to show cause why the prisoner should not be admitted to bail in 200l., and two sureties of 100l. to appear at the Central Criminal Court,—under which was written a consent to four bail of 200l. each, and himself in 800l., with forty-eight hours' notice, and that previous to the putting in of the said bail, the expenses attending the summons should be paid.)
Q. Was there ever any amount of costs mentioned by you? A. I have endorsed that—I have not specified the amount of costs.
Q. Have you ever mentioned to any body any sum to be paid to you as the costs of this prosecution? A. I do not conceive I ought to answer that question—it is in terms which are not applicable—I did not mention 80l. to any body.
Q. Or any other sum? A. I have said the question is not of that nature—I appeal to the Judge if I am bound to answer—your question is too general—I decline answering it—it refers to an individual who has been already examined before the Court—he is a client of mine in this matter—I refer to Mr. Hawes.
Q. What had he to do with the amount of costs of this prosecution? A. That I decline answering.
COURT. Q. How do you mean Mr. Hawes is your client? A. I was applied to by Mr. Hawes and the assignees to consult on this business, and therefore I consider they were my clients.
MR. BURTON re-examined. The fiat was opened on the 14th of September. NOT GUILTY .
OLD COURT.—Friday, October 26th, 1838.
First Jury, before Mr. Sergeant Arabin,
2377. THOMAS WILLIAMS was indicted for stealing, on the 13th of October, at St. Marylebone, 1 watch and 1 case, value 10l., the goods of John Gregory, in the dwelling-house of John Fowkes; to which he pleaded
GUILTY . Aged 16.— Transported Ten Years.
WILLIAM LARNER . On the 15th of October, about ten minutes before eight o'clock in the morning, I saw the prisoner by the door of Mr. Weston, who keeps a cook-shop next door to me, with a piece of boiled beef under hit arm—suspecting he did not come honestly by it, I went and asked Mrs. Weston if she had sold him a piece of beef—she said she had not—the prisoner walked away with it—Mrs. Weston came to the door and I pointed the prisoner out to her—he threw the beef down and ran away—I hallooed "Stop thief"—my son ran after him and stopped him—he was brought back directly by the policeman—he is the man I saw throw down the beef.
Prisoner. I picked it up and was brushing the dirt off when he saw me. Witness. No, he was not.
ANN WESTON . I am the wife of Joseph Weston—we keep a cook-shop at Chelsea. I saw the prisoner with the beef, and saw him throw it away—it weighed 8 1/2 lbs.—it was taken out of the window, where it had been on a dish—I saw it there two minutes before—I never saw the prisoner before—it was quite clean.
GEORGE HOLMES . I produce a certificate of the prisoner's former conviction at the Sessions House, Clerkenwell—(read)—I was a witness against him on the trial—he is the person who was tried and convicted last July—he came out of prison three weeks ago last Tuesday.
GUILTY . Aged 20.— Transported for Seven Years.
2379. MILLICENT ABLETHORP was indicted for stealing, on the 17th of September, 1 sovereign, 1 half-sovereign, 1 crown, 1 half-crown 3 shillings, 4 sixpences, 4 pence, and 3 halfpence, the monies of Alexander Copland Hutchison, her master.
MR. CLARKSON conducted the Prosecution.
MRS. SUSANNAH HUTCHISON . I am the wife of Alexander Copland Hutchison, a surgeon in Wimpole-street, Cavendish-square. The prisoner was in our service as cook for nine months—I was in the habit of handing to her from week to week, small sums of money to pay the weekly bills—she absconded last Wednesday week without giving me any notice—she was to have left on the Saturday on my warning—I called on my tradesmen, and discovered that a trick had been practised on me, and on my return found she was gone—here is a memorandum made on a bill in my hand-writing, which furnishes me with the means of knowing what I gave her on the 17th of September—it was two sovereigns, and three shillings, to pay the weekly bills, amounting to 2l. 2s. 11 1/2 d.—she afterwards produced to me the bills which I have here as having been paid with that-money, together with some small items in her own book, making up the money—I find the butcher's bill, amounting to 17s. 6d., has been paid—I know nothing of the others.
WILLIAM WOODMAN . I am a cow-keeper and dairyman, and live in High-street, Marylebone. I served Mr. Hutchison with milk—the prisoner never paid me this bill of 4s. 3 1/2 d.—I know nothing of this receipt to it—it has never been paid—the words "Paid, William Woodman" are not my writing.
WILLIAM FREW . I was baker to Mr. Hutchison's family for a short time. This bill of 5s. 1d., signed "Paid, S. Frew," is not my writing—I never received the money—the bill was never made out by my establishment at all.
MRS. HUTCHISON re-examined. I do not know whether this is the prisoner's writing—I received a good character with her.
RALPH ORMSTON . I am in the service of William Walker, a cheesemonger and butterman, in High-street, Marylebone. I supplied Mr. Hutchison with articles—I have nobody in my employ named Jones—here is written at the bottom of this bill of 4s. 6 1/2 d. "Paid, J. Jones"—that is not my writing, nor my master's, nor anybody's in our establishment—the bill was never. paid.
GUILTY. Aged 30.—Recommended to mercy by the Prpsecutrix— Transported for Seven Years.
(There were two other indictments against the prisoner.)
Before Mr. Justice Williams.
JAMES SMITH . I am a farmer, and live at Hillingdon. On the 7th of September I was at a beer-shop near the turnpike at Hillingdon, and saw the prisoner there—I never saw him before—he was inquiring if any body had a horse to sell—I told him I had—it was about twelve o'clock in the day—the pony was at my house about a mile off—he asked if he could see it, and I fetched it—it had a bridle and saddle on—I rode it part of the way up Hillingdon hill in his presence to show it to him—there were a few
people present at the time—when I came back from riding it he asked me the price of it—I told him 5l.—he said he would give me 3l.—I told him I would not sell it at 3l.—he then asked if he might ride it a hundred yards to try it—I told him he might if he liked, and I let him—he rode it a little way up the lane, and got off to tie or fasten the girth, I cannot say which—I went to walk towards him—he mounted the horse again, saying he should be back again directly, and rode off—I never saw him again till the policeman took him a month and a day after—there were others with me at the time he rode away—he went as fast as the pony could go—he started at a gallop—I gave information to the police—the pony was worth something less than 5l.—I have never seen it since—it was about thirteen or fourteen hands high—I thought I had seen the prisoner before at Uxbridge fair, but I had no conversation with him—I do not know what be it or where he comes from.
Cross-examined by MR. PAYNE. Q. How near was Medler to you at the time you had the conversation with the prisoner about the horse? A. Close to me, and there was a person at the door—I rode the horse to show its pace—I borrowed a spur of the prisoner to fetch the horse—there was on bargain concluded between us for the sale of the horse—he was not to pay me for it on his return from Ledgley fair—he never named the fair—I was not within twenty or thirty yards of him when I last saw him with the horse—he turned his head, and hallooed to me that he should be back directly—he did not give me a shilling to bind the bargain—I did not ran after him then—I gave information about an hour afterwards, when I found he did not come back—I asked for a horse to ride after him, but could not get one—the prisoner appeared to be acquainted with the Barnetts, who are hurdle makers close by—Medler was with me from the time the horse was brought till the prisoner rode away, except when I went up the lane—it is not a long lane—it is straight—I think the prisoner and I had something to drink together, with Medler—the prisoner never mentioned Ledgley fair at all—I was quite sober.
JOHN MEDLER . I am a labourer, and live at Hillingdon. On the 7th of September I was with Smith at the beer-shop—the prisoner came in while I was there, and inquired if any body had a pony to sell, as he wanted one—Smith said he had one to part with—the prisoner asked where it was—Smith said he could soon fetch it, and he fetched it—Smith tried the pony up the hill, and rode back again to the beer-shop—the prisoner wanted to know the price of it—Smith asked 5l. for it—the prisoner said, "I will give you 3l. "—they stood awhile, and he asked Smith if he might ride him 100 yards—he said he might—he mounted, rode up the lane, and away toe went—I was almost close to them while they were bargaining—I did not see him get off, as I was then at the bottom of the lane—Smith was nearer to him than me—I did not see him after he started—it is a public lane.
Cross-examined. Q. Where does it lead to? A. To Cowley and Drayton—there are three ways there—I did not see him and Smith together after he went up the lane—I saw Smith go up the lane—I suppose the prisoner was about thirty yards from him—the lane is almost straight, but there is a bit of a turn which prevented my seeing the prisoner—I was in the public-house, but they were not talking there—I was with Smith all the while after he fetched the pony—I heard all the conversation that took place before he fetched it—there was no shilling given—I have never said that he gave a shilling to bind the bargain—the prosecutor never told me that
there was—he told me there was not—I live at Uxbridge-moor, and work for a good many masters, as a hay-binder.
CHARLES HIERONS . I am a policeman. I saw the loss of the pony in the "Hue and Cry," about the middle of September, and made inquiry to endeavour to find it out—on the 6th of October I went to No. 6, Praed-street, about a quarter after eight o'clock in the morning, it is the residence of the prisoner's mother—I went down into the kitchen and saw the prisoner—I said, "Halloo, Dick, I want you—you are just the man I want"—he said, "What about?"—I said, "About that horse you rode away from Hillingdon"—he said, "That is all right enough—I bought that"—I said, "You must go with me to the station-house"—I told him what the charge was in the "Hue and Cry"—he said the prosecutor had let him have it till he came from Ledgley fair, at two months' credit—I asked what had become of the bridle and saddle—he said he had left them at Northampton, the bridle at one place, and the saddle at another, and he had sold the pony—I asked who to—he said to some gipsy—the prisoner is an assistant to horse-dealers—to any body that will employ him—I have known him seven years, living in London.
Cross-examined. Q. He came with you very willingly? A. Yes—he said the pony was not worth much—he said nothing about its having met with an accident.
GUILTY . Aged 23.— Confined Two Years.
Before Mr. Baron Gurney.
2381. GEORGE FREEGROVE and WILLIAM FREEGROVE were indicted for a robbery on Charles M'Dougall, on the 3rd of October, and taking from his person, and against his will, I sovereign, and 1 half-crown, his monies; and at the time of the said robbery, striking and beating him.
CHARLES M'DOUGALL . I am a shoemaker. At the time in question I resided in Lancaster-street, Burton-crescent—I rented the bottom part of the house—I had no shop—I belong to a Benefit-society, held at the Lamb and Flag, No. 2, Rose-street, Covent-garden—on Tuesday night, the 2nd of October, I and my brother were there until half-past one o'clock in the morning—I was one of the stewards, which caused me to be so late, as the money all passes through ray hands—I and my brother had got a very few steps from the house—we were walking even with each other—I was turning down the cuff of my coat, making the best of my way home, when two common prostitutes came in front, and one seized my hand—I do not recollect what she said, but I believe she said, "How do you do dear?"—or something of that sort—I said, "D—n you, leave me alone," and at that moment I felt a hand in my right-hand pocket—I suspected another girl who was behind me—I wrung myself from the girls in front of me, seized the arm of the hand that was in my pocket, and found it was a man's arm—I held it for a time, and received two or three blows behind me, and when I got the arm so that I could see the face, I shall never believe anything but the person I gave into custody is the person—it west the prisoner, George Freegrove—I do not know any thing of the other—I held George, and called the police, and just as the police came up, I was knocked down—when I got up I seized the same man again—the police came, and I held my man, and my brother had got another—the police men took us all to the station-house—I was out of breath, and exasperated
at being taken—we were asked no questions, but all sent backwards into cells—I and my brother were in one cell with another man—weremained there above an hour, and I sat down by this strange man in the cell-in about an hour I called through the door for a policeman to move us to another cell, because it smelt so, which he did—I did not make any charge against the prisoners at that time—I did about an hour or two hours after, when I missed a sovereign and a half-crown out of my right-hand pocket, which was the pocket I had felt the man's hand in—he had forced the button off—when I left the house I buttoned my pocket up, with the half—crown and sovereign in it—when I missed my money I called to the police, and whispered through the hole, desiring him to search the men who were taken into custody—down to that time there had been no examination by the Inspector—I was kept in custody till the morning, when we went over to Bow-street Office—the examinations were then taken.
Cross-examined by MR. PAYNE. Q. When the policemen came up were you and your brother and the two prisoners fighting together? A. No, I held the man at the time the policemen came up—one policeman took me and my brother, and another policeman took the other two—when the policeman came up I gave the prisoner in charge for assaulting me, not for robbing me—the matter commenced by a girl coming up and laying hold of both my hands—I did not lay hold of her, or act indecently towards her in the street—I never touched a female of any description.
Q. Have you ever had the misfortune to be charged yourself with any thing? A. I have been wrongfully charged, but was cleared before the Magistrate in the morning—I was charged with taking a pair of shoes, which I had repaired, because I could not get the money for them, I took them" off the boy's feet—I had been five times for the money—I was never charged with passing a bad sovereign—I gave a Duke of York medal once instead of a sovereign, but I had a sovereign in my pocket, which I tendered when I discovered my mistake—I was charged with it, but the Magistrate was satisfied—I had given the man into custody for striking me, and then he made the complaint—I was perfectly sober on this night—I had a drop of porter at the club, I believe, and a glass of liquor at the bar as I was coming away—we were not all charged at the station-house with being disorderly, but the policeman said something to a gentleman there and we were all locked up—I told the policemen at the time they came up, that I found the man's hand in my pocket, but I did not miss the money then—I know nothing of the other prisoner, no further than seeing him at Bow-street—I did not see him at the time I turned round with George's hand in mine—I have. never said that I did.
JAMES ALEXANDER M'DOUGALL . I am the prosecutor's brother, and an a shoemaker, living in Wilton-street, Westminster. I do not keep a shop—I was at the club on the night in question, and left about half-past one o'clock with my brother—we had got but a very few yards before we were surrounded by about six or eight males and two females—there was a great deal of hustling took place—we were pushed about—I had my hat locked off, and received several blows from behind—I got away from among them, and was obliged to make my way through them as well as I could—I had four on me at once, and was knocked down two separate times—I got up, and the police were called—I cannot say who by—I do not think I called them—I heard several voices calling "Police"—I secured the prisoner William, and held him fast till the policeman came up and took him—he had not done anything to me—I might have received a blow or
two from him, but I cannot say he is the man that struck me—I was struck several times by the party, but I cannot swear which—they were all friends together—there were six or eight of them about when I gave the prisoner into custody—I know nothing about my brother's case—I was excited at the moment, and took care of myself the best way I could—we were taken to the station-house—there were no questions asked, but we were locked up.
Cross-examined. Q. Then you did not receive blows from behind and before from the prisoner William? A. I cannot say who by—I received many blows both behind and before—I am very apt to think I did recive blows from him.
LEWIS CARD . I am a policeman. I was on duty in Rose-street, Long Acre, on the night in question, and heard a cry of "Police"—I repaired to the spot with my sergeant, and saw the parties all fighting—I saw the prosecutor knocked down twice, and when I came up to him he was holding the prisoner George—he said he would give him in charge, he had felt his hand against his pocket—I took him and his brother, and ray sergeant took the other two to the station-house, and charged them with being disorderly and fighting in the street—I entered that charge in the book—there was no charge of robbery at that time, but he said, when I took him, that he felt his hand against his pocket—they were all locked up.
Cross-examined. Q. Were not his words, "I will give this man into custody for assaulting me?" A. Yes—he said nothing about being sorrounded by girls and men and being robbed—we did not examine into the transaction at the station-house, as he said nothing about it there.
JOHN LAWRENCE . I am a police sergeant. I heard the cry of "Police"—I was close to the spot, and on getting towards the prisoners saw one of the M'Dougall's knocked down twice before I came up to them—the elder M'Dougall gave William into my custody for ill-using him—I took him into custody, and also the younger prisoner—I heard the prosecutor say he felt George's hand about his pocket.
Cross-examined. Q. When you got up did you not see the prisoners and witnesses fighting together? A. They were in great confusion, and were in the attitude of fighting together—I told them to desist—Alexander M'Dougall told me to take William Freegrove into custody for knocking him down, and the prosecutor told me to take the other prisoner, and when I got them into my custody, the prisoner George told me to take the prosecutor as well—they were all charged with being disorderly.
HENRY HANCOCK . I was on duty in the station-house as gaoler, and searched the prisoners. I found on George twelve shillings and sixpence, a fourpenny-piece and two-pence farthing; and on William, half a sovereign and eleven shillings in silver—I made the search between three and four o'clock, after they had been there two hours—it was by the prosecutor's desire.
ROBERT DAY . I am a fishmonger, and live in Pipernaker's-court, Bed fordbury. I have a stand in Hungerford-market—I went to the Lamb and Flag public-house, in Rose-street, on this night, to have a pint of porter and a pipe, and fell asleep in the house—I came out about twenty minutes after twelve o'clock—I was perfectly sober—I stood talking with a female, who was walking the street—the two prisoners came up in company with two young women—they were talking together for about five minutes when the prosecutor and his brother came out of the public-house—I saw one of them lay hold of one of the young women whom the
prisoners were talking to, in an indecent sort of manner, and the prisoners took their part—I did not see the woman lay hold of him—a fight ensued between them, and the police were called for by both parties—the prisoners called first—the policemen came up, and took them all into custody—they were all quite strangers to me—I did not see any more men than those four.
The prosecutor's deposition being read, stated among other things, "I held him (George) by the arm, and in turning round saw the other prisoner and several other men who had closed round, in a fighting attitude. "
The deposition of James Alexander M'Dougal being read, stated that he was knocked down and received blows both behind and before from several of the party, particularly from the prisoner William.
NOT GUILTY .
Before Mr. Justice Williams.
2382. BENJAMIN MARTIN was indicted for feloniously forging, on the 20th of September, at Ratcliff, a bill of exchange for the payment and value of 19l. 18s., with intent to defraud George Edward Stagg.—2nd COUNT: stating it to before uttering the same.
Mr. Ballantine conducted the Prosecution.
GIORGE EDWARD STAGG . I am a file manufacturer, and live at Sheffield. In August last I came to town, and was staying at the Thatched House tavern, in the Strand—on the 1st of August the prisoner called on me there—I did not know him before—he said he was recommended to me—that Mr. Wilson his partner, who lived in Regent's-park, was connected with the Customs, and had considerable influence, and if I could supply articles well he should be able to purchase to a largte-amount—he appointed to meet me at a coffee-house at half-past seven o'clock next morning, but did not come, and I returned to Sheffield—about ten or eleven days afterwards I received this letter—(looking at one)—(I saw the prisoner afterwards, and told him I had received his letter—I do not know that he made any remark—he did not deny it being his letter)—it contained an order, signed "B. Martin & Co."—in consequence of that order, I supplied the goods directly, as mentioned in the letter, amounting to 16l. 10s. 7d.—a few days afterwards I saw the prisoner again—he came to my house at Sheffield—I asked him how he liked the goods—he said he had not received any, and said I had not sent any—I took him to the warehouse, and showed him a sample of the goods that were made over what I had sent—he said they would do very well—I took him to the wagon-office, and convinced him they had been sent, and he said he would pay me for them—I went with him to where he was staying, and he said, "I will pay you now," and he took out an invoice which I had sent him of the first goods—he said I might send the other goods—he did not name any particular quantity—he said I might send what was in the warehouse in a box—they were files, and came to better than 20l.—they were sent off to the wagon-office before we went to his lodgings—when we got there, he asked for the invoice, and said he would pay me for both together, which was 37l., odd—I received these two bills from him in payment—they are for 19l. 18s., and 19l. 11s. which was more than the amount—I gave him a memorandum to make up the difference—I asked him who John Watson, the drawer of one of them, was, and he told me—a friend of mine wrote down what he said in my presence—I asked him who Richard Houghton was, and my friend wrote down his answer—I saw what my friend wrote—it was, according
to what the prisoner stated—I sent that paper afterwards up to town for inquiry to be made—this is the paper—(looking at it)—I did the same with regard to another bill—I saw the names on another bill taken down—I sent the particulars of the whole four bills up to town on the same paper Cross-examined by MR. DOANE. Q. Was it not arranged when you first saw him in the Strand that if he could not call on you next morning he was to write to you for the goods he might want? A. I do not remember that—I gave him my address at Sheffield—he did not say anything about writing, but that he would call next morning—I do not think he gave me his name and address at that time—I think I received his address in the letter—I do not remember his giving it me in the Strand—(looking at a letter)—this is my writing—I believe there was some delay in complying with the prisoner's request—when he came to me at Sheffield, and I satisfied him the goods were sent off a negotiation commenced for more goods—I had consented to take his acceptance—I did not understand that I should draw a bill on him, and he accept it—I proposed that I should draw on him, but instead of that, he gave me the bills produced—it was in consequence of my asking a grocer whether the bills were good, that the addresses were taken down—one Ballard took them down the morning after my interview with the prisoner, on this piece of paper—I did not see it taken down on anything but that—the prisoner was present when it was written, and it was from his mouth it was put down—I should think he could see what the grocer wrote—he could see as well as I could if he looked—I cannot say whether he took the paper in his hand after it was written—when the grocer wrote it down the prisoner asked him if there was anything more he could put down—the second quantity of goods were sent to the wagon-office—I do not know where they are now—I paid the carriage of them—I have not made inquiry about them since I came here—the bills were given to me on the 2nd of October, I think—I came to town about the bills, I think, on the 11th or 12th of this month, before the prosecution was instituted—the bills will not be due till November—the prisoner offered to take one of the bills back if I did not like them, when the names were taken down—he did not name any one—I did not give it him, but I was not satisfied.
MR. BALLANTINE. Q. When you first saw the prisoner in London, did he state that he had a partner, and that they were in a large way of business? A. He did—I believed him, from those representations, to be a person of credit—I did not take the names down myself—I heard what the prisoner said—I overlooked the grocer, and saw what he wrote—when the prisoner offered to take back one bill, he did not offer to substitute money for it—he had then only received the 16l. parcel of goods—the other had not gone then—they were at the wagon-office, but had not quitted Sheffield.
(Paper read)—"John Watson, ship owner, 30, Duke-street, Spitalfields; Richard Houghton, ship-owner, 51, Broad-street, Ratcliff; William smith, market-gardener, Covent-garden; and Edward Yellond, gentleman, 5, Norfolk-street, Strand.
OLIVER WILCOCK . I received this paper from Mr. Ballard at Sheffield, who I do business with. I made inquiry about Watson of Duck street, and Houghton, a ship-owner, and no such persons are know there at all—they knew nothing of them—a bricklayer named Pink lived at Watson's address—I did not inquire in the neighbourhood
only at the No. of the house it was addressed to—I. inquired at No. 36, Fitzroy-market, for Coleman, and no such person was known there.
GOODENOUGH. I live at No. 36, Fitzroy-market, and have done so two years, and in other parts of the market for nearly seven yean—no John Coleman has lived at No. 36, for the last two years—I never heard of such a person as connected with the market.
THOMAS PINK . I live at No. 8, Duke-street, Spitalfields. I lived at No. 30, Duke-street, until last Monday morning, for five years and eight months—I never knew of a John Watson living in the house—I know no such person—I do not know a ship-owner of that name.
MARY ANN LEEMINO . I am landlady of the house, No. 51, Bread-street, Ratcliff. I have lived there five years, and my husband forty-three—I never knew of any Houghton, a ship-owner, living there at any time.
The bills were here read.
One was dated 20th Sept. 1838, drawn on John Coleman, No. 36, Fitzroy-market, by John Watson, for 19l. 18s. accepted, payable at Child's bank—another, for 19l. 11s., dated 21st Sept, 1838, addressed to Mr. James Richardson, Union-street, Paddington, drawn by William Smith.
(Letter)—"16th August, 1838. 64, Broad-street, Ratcliff."Sir,—It was impossible to meet you on the morning before your departure according to promise—I have sent you a small order for a specimen of your manufacture—(here followed an order for a variety of goods)—please to answer by letter of post, how long it will take to execute it.
"B. MARTIN AND CO."
ROBERT DAVIS , (policeman F 98.) I took tie prisoner into custody, about the 14th of October, at the Grapes, in King-street, Covent-garden—I watched him, and found on him six letters, six bills of exchange, and a memorandum.
(Witnesses for the Defence.)
HENRY MARTIN . I am the prisoner's son. I work at Miller and Ravenhill's, engineers, in Glass-house-street, Ratcliff—I sleep at home, and take my meals at my father's, in Broad-street, Ratcliff—he carries on business there—On Saturday, the 22nd of September, I recollect seeing a person named Lee, with my father, while I was at home at dinner-time—I had seen him several times before coming backwards and forwards to the house—I do not know whether he had dealings with my father—I saw him on that occasion give my father some bills—my attention was not directed to them—I should not know them if I saw them again—since this charge has been made against my father, I have endeavoured to find Lee, but cannot do so any where—he used to live at No. 30, Duke-street, Spitalfields—I have inquired there and at other places, but cannot find him.
MR. BALLANTINE. Q. Are you quite certain the day this took place was on the 22nd of September? A. Yes;. I had not seen any dealing take place between Lee and my father—I never saw him give my father bills on any other occasion—I do not know what Lee is—I do not know a person named Yellond—I have not made inquiry after him myself—there has been inquiry made—I do not know any such person.
the name of Martin over the door, and saw a female in the shop who I supposed to be his wife—I did not leave my direction there—I was informed Mr. Martin would be in in the course of the evening—I went there again, at six o'clock the same evening, and saw him in his shop—I told him I came from Mr. Stagg, the prosecutor, and wished to say something on the subject of the bills he had given him—we had then withdrawn to a private part of the shop, there being somebody there—he hurried me away, stating that he would call on me any where I wished—I gave him my address—he seemed to wish me to leave, in consequence of a person being in the shop—he was to call that evening, but he called at ten o'clock the following morning—he had told me he could not come till late in the evening—I told him, the parties could not be found whose names appeared on the bills—in answer to which, he smiled, and said, "If you don't know where they live, and can't find them, I do," and put himself in a position of defiance—he threatened to prosecute Mr. Stagg, for not sending the second parcel of goods—he admitted having received the first—he said he had given him 40l. in bills, and had only received 16l. worth of goods—I did not tell him, if he did not take the bills back he must take the consequences—I said, "Have you any proposal to make about them?"—he said, "Nothing at all"—I said, "Then I have nothing to say to you, then I must seek my remedy"—nothing was said about seeing him again in two hours, or about his being in Covent Garden—after this interview, I saw Mr. Stagg, and a policeman, and took him into custody in Covent Garden, but nothing was said about Covent Garden—I happened to find him there—I do not recollect any proposition being made to him to take the bills back and give money for them—I said, "Have yon any thing to propose?"—of course, I meant, had he the money to give, and take his bills back?—he complained before that, about not receiving his goods, and threatened a prosecution.
MR. BALLANTINE. Q. In any part of the conversation, did he mention Lee? A. No—he referred to the parties—he said, "I know where to find them, if you do not"—when he left the office, I set a clerk to watch him, and from his information he was taken at the Grapes.
(Henry Hambury, saw-maker, 11, Hart-street, Covent Garden; William Mills, carver and gilder, 17, Waterloo-road; and James Richards, potatodealer, Borough-market; gave the prisoner a good character.)
GUILTY of uttering. Aged 34.— Transported for Life.
Before Mr. Baron Gurney.
ANN ELIZABETH MYDDLETON . I am the daughter of Mr. Myddleton, my brother is a hatter and glover in Lamb's-conduit-street. On the 11th of October, about four o'clock in the afternoon, I was in the shop alone—the prisoner came in, and asked me whether I knew of a situation—I said I would ring the bell—I went towards the bell to ring it, and saw him put his hand on the box on the counter, where the handkerchiefs were, take some of them, and put them into his bosom—my mother came down on my ring ing the bell, and I pointed to the handkerchiefs—she caught hold of the prisoner, and said he had got some handkerchiefs—her hand slipped, and he got from her, but she caught him again on the mat at the door—he dragged her into the street, and I saw her fall in the middle of the road,
and he got away—I saw him again in less than five minutes, and he was taken to the police-office.
Cross-examined by MR. PAYNE. Q. Whose shop is this? A. My brother's—I went into the parlour to ring the bell, but there is glass between the shop and parlour—I could see into the shop sideways—I am certain the same person was secured as was in the shop.
ANN MYDDLETON . My son, Thomas William Smith Myddleton, keeps this shop. I was rang down by my daughter, about four o'clock in the afternoon—I came into the shop, and the prisoner asked me if I knew of a situation for him—my little girl pointed to the box, and I saw the handkerchiefs were gone—I said I did not know of a situation, but he had my property—I caught hold of him, he dragged me into the street, threw me down, and got away from me—I called "Stop thief"—I saw him in custody in about five minutes—my husband has no interest in the business.
WILLIAM NEATBY , I live at a butcher's facing the prosecutor's shop, I saw the prisoner draw the lady out of the shop, and throw her down in the middle of the road—she called "Stop thief"—I ran after him and brought him back, without losing sight of him—the policeman was near the shop—I saw him searched at the station-house, and four handkerchiefs were found on him—two in his breeches and two in his breast.
Cross-examined. Q. Were not two in his coat-pocket? A. One of his own was in his coat-pocket—he was not taken in the same street—he ran into Newman-street—there was nobody running between me and him.
MRS. MYDDLETON re-examined. I believe these to be my son's property—they were on the counter for sale.
GUILTY . Aged 19.— Confined Six Months.
Before Mr. Justice Williams.
THOMAS PHILBROW MILLER . I am a printer. On Saturday, the 22nd of September, about half-past twelve o'clock at night, I was in John-street, Adelphi, going towards my home, which is in Denzell-street, St. Clement's—I was alone, and perfectly sober—the prisoner accosted me—I never saw him before—I am confident he is the man—he overtook me, took me by the collar of my coat, put his foot in a certain position behind me, and said, "I want some money from you"—I said, "Certainly not"—he then gave me a violent blow in the face, knocked me down, knelt on my breast, and endeavoured to rifle my coat-pocket—but I was too powerful for him and resisted—he knelt very heavily on my breast, and gave me two more blows in the face, which stunned me—I called "Police," and he made his escape—he felt no other pocket but my coat-pocket—I ran after him, overtook him, and called "Police"—a constable came up and took him into custody—I was completely saturated with blood—he was never out of my sight from the time of my getting up—I had six or seven shillings in my trowsers' pocket.
Prisoner. He said before the Magistrate that I grappled at his waistcoat
pockets. Witness. I did not—it was my coat pocket—I have the same coat on now—here is where it is torn—I was perfectly sober.
ROBERT HORNSBY . I was a policeman at the time of this transaction On the morning of the 22nd of September I heard a person call "Police," in Buckingham-street, Strand—I was close on the spot—I went up, and saw the prosecutor, whose face was very bloody—the prisoner had passed by me about a minute before—the prosecutor said, "Policeman, that man who passed you has knocked me down, and attempted to rob me"—I followed the prisoner, who was in company with two prostitutes, and took them all to the station-house—the prosecutor was about twenty yards from the prisoner when he gave me the information—the prisoner had turned the street, and got on while he was talking to me—he was out of sight about a minute, while he turned the corner—I am quite sure no one passed in that direction but the prisoner—the prosecutor was very bloody, and had got a cut on his nose and cheek—I saw his coat was torn at the pocket—when I took the prisoner, I asked him how he came to strike the man—he toned round and said, "I never saw the man in my life before."
Prisoner. Q. Was the prosecutor quite sober? A. Yes: I did not tell the Magistrate he was not—I said he was.
Prisoner's Defenee. I never saw the man in my life till he gave me in charge—I was in Spain with General Evans two years, and since that time have been selling different articles, which the policemen took from me.
GUILTY. Aged 22.—Recommended to mercy by the Prosecutor,.
Confined One Year.
Before Mr. Baron Gurney.
2385. JOHN BLAKEMORE was indicted for stealing, on the 17th of September, 2 spoons, value 5s.; 3 boxes, value 1l.; 11 bottle tops, value 1l. 2s.; and 1 lamp, value 1l.; the goods of Edward Hosier Williams, his master:—2nd COUNT, stating the property to belong to the Hon. Caroline Mary Greville, commonly called Lady Caroline Mary Greville.
LOUIS KYESON . I am a silversmith, and live in Tottenham-court-road. On the 17th of October the prisoner came to my shop about twelve o'clock in the day, and offered to sell part of three silver boxes, broken, and eleven silver tops of bottles—he came in and asked if I bought old silver, and produced the parts of boxes from his hat—I put them into the scale, and asked if he had any more silver, and he brought from his pocket the eleven tops—I then asked him if it was his own property—he said it was—I said I did not purchase silver of anybody unless I knew who they were, and asked his address—he said he lived in Curzon-street, May-fair—I told him I should give the money to my man, who should go with him, and see if his address was correct, and if so he should pay him there—he objected, and said he wanted to go quite another road—I said if he would wait an hour, I would send my apprentice to the place, and if it was correct, I would pay him—he changed countenance, and said he would go provided I let him take the plate, and come back—I said "No, I am afraid you came dishonestly by it"—he said, "I will tell you the truth, I do not think it is exactly honestly come by, I have had it in a way I think not altogether honest"—I shut the door, sent for an officer, and gave him in charge, with the property—it appears to have come out of a dressing-case.
THOMAS ALLEN . I am clerk to an upholsterer, who acts as agent for Lady Caroline Greville, in letting her house in Hill-street—the house at this time was let to Mr. Williams—I made an inventory of the things in the house, which I compared when Mr. Williams took possession in March last-among other things, there was a cabinet in the dining-room—after the prisoner was taken into custody, I went to the house, and merely saw the frame of the cabinet—the upper part had been taken away.
Cross-examined by MR. BODKIN. Q. Do you know if Lady Greville is a peeress? A. No, she is not.
ROBERT BUTTRISS . I am in the service of Mr. Williams, No. 1, Hill-street, Berkeley-square. The prisoner was in his service as footman down to the 17th of October—Mr. Williams was abroad then—the prisoner left the house, about eleven o'clock that day, and did not return—after he was apprehended, I examined the cabinet—it appeared to have been broken open, but not with much force—there were places for a number of canisters, which were not there, and there were a number of bottles, without stoppers, which are here—I opened a drawer, of which the prisoner kept the key, about a week after he was apprehended, and found in it two spoons, and some broken silver—the spoons were not Mr. Williams's, but are supposed to belong to Lady Greville—they have no mark—a silver stopper was afterwards found, and corresponded with those produced by the silversmith.
JOHN CRISPIN RAWLEY . I am an Inspector of police. I received the articles from the constable who took the prisoner into custody—it was not in Kyesor's presence—I compared them with the cabinet, and they corresponded—this silver lamp appears to have come out of the cabinet.
Cross-examined. Q. Did the contents of the cabinet form any portion of the property let to you? A. I understand it is in the inventory—I know nothing of it—I do not remember having seen it—the prisoner had been in my service, I should think, seven or eight years—I always found him an exceedingly honest, hard-working man, who I should have left in charge of the house—in fact, I had the utmost confidence in him—I know all his family, they being under me in the country.
GUILTY. Aged 26.—Strongly recommended to mercy by the Prosecutor and Jury. — Confined Four Months.
Before Mr. Justice William.
2386. WILLIAM COHEN was indicted for stealing, on the 3rd of October, 1 shirt, value 1s.; 1 waistcoat, value 1s.; 2 aprons, value 1s.; and 1 handkerchief, value 6d.; the goods of Francis Wright; from the person of Francis Wright, the younger.
FRANCIS WRIGHT . I am a labourer, and live in Queen's Head-court, Whitechapel. On the 3rd of October I sent my little boy who is seven years old, with a parcel to his elder brother, in the Back-road—it contained one shirt, one waistcoat, two aprons, and a handkerchief—he returned without the parcel, and made a complaint—I took him with me into the street directly, and he pointed out the prisoner next morning, I went and tapped him on the shoulder—he said, "Master, I did nothing"—I said, "You have got the waistcoat on now"—he said, "Undoubtedly it is true"—I
said, "Do you know this child?"—he said, "I do"—I then took him to the station-house—he had got the waistcoat on which had been in the parcel, and is my property.
MARK JARVIS . I am a policeman. I received the prisoner in custody from Wright—I found this waistcoat and shirt on him—I asked what he had to say—he said, "I took the bundle from the lad, and have the things."
(Property produced and sworn to.)
GUILTY . Aged. 17.— Confined One Month; One Week solitary.
Before Mr. Baron Gurney.
MR. BODKIN conducted the Prosecution.
JAMES RICHARDS . I am a bottle-dealer, in partnership with my father and brother, in Spitalfields. The prisoner was in my service in October, as carman, and had been so for seven years—in consequence of information I applied to the police to have him watched—I sent him out on the 12th of October, with a cart, loaded with bottles in baskets—he left the premise about three o'clock—he was to leave them at various customers—I did not see him again till he was brought back, about half-past seven o'clock, in custody of the policeman, who said in his presence that he had watched him from the time he left the premises, and saw him take phials out of various baskets, and place them in a spare basket—that after he had been his round, he drove to his own house, in Windmill-street, and took the basket at of the cart, and as he was in the act of giving it to his wife, he took him, and asked him how he obtained the bottles—he said from Mr. Richards—the prisoner then said to me, "For God's sake, Mr. James, don't appear against me, I have only taken (or stolen) a few bottles"—I said, "I shall give you into custody," which I did, and identified the phials—about ten shillings' worth were found on him—he had 23s. a week.
ROBERT BACKHOUSE (police-constable H 92.) On the 12th of October, in consequence of directions, I followed the prisoner when he went out with the cart—I was in plain clothes—a brother officer and another man went with me—he went out about five minutes after three o'clock—I followed him to several places—he stopped at five places in Long-acre—he drove very slow, and holding the reins with one hand, with the other he kept taking bottles out of different baskets, and putting them into an empty one, until he came to St. Martin's church—he drove to other places, and left baskets—he then drove pretty fast to two places, and in Piccadilly again drove slowly, took more bottles, and put them into the same basket—he called at two other places, and then drove home to King's Arms-court, Windmill-street—the cart stopped there—he looked very cautiously round him, then jumped on to the wheel, and took out he basket, and took it to own house—I followed, and overtook him just as he got in at the door—his wife was about the centre of the room—he was reaching the basket out to her—I seized hold of him, and said, "What have you got in this? where did you bring them from?"—he said, "From Mr. Richards's"—I said, "What are you going to do with them?"—he said, "To sell them"—I said, "Did Mr. Richards authorise you to sell them?"—he said no, he
was going to sell them to buy the children tome clothes—I took him into custody—there are fifty-four bottles.
Cross-examined. Q. How many times did he drive fast? A. I cannot tell exactly—he drove fast from No. 14, Parliament-street, to No. 39, Pall Mill—I kept up with him by running by the side of the cart—I could see him very distinctly take the bottles out and look at them—I saw five children at his house—he says he has seven.
(Property produced, and sworn to.)
GUILTY . Aged 36.— Confined Six Months.
Fourth Jury, before Mr. Common Sergeant.
2388. THOMAS WILTSHIRE was indicted for stealing, on the 11th of October, 2 pads, value 12s.; 2 bridles, value 12s.; 2 breechings, value 4s.; 1 pair of reins, value 4s.; 1 collar, value 2s. 6d.; 1 pair of tugs, value 1l.; 2 cruppers, value 5s.; 2 breast-plates, value 2s.; 1 horse-cloth, value 2s.; and 2 pairs of traces, value 18s.; the goods of Edward Crane, his master; to which he pleaded
GUILTY . Aged 33.— Confined Three Months.
2389. JANE MILES was indicted for stealing, on the 8th of October, 1 dressing-case, value 1l. 10s.; 1 sovereign, 1 fourpenny-piece, 1 halfpenny, 1 farthing; 1 pencil-case, value 7s.; and 9 prints, value 9s.; the goods and monies of William Samuel Brown.
WILLIAM SAMUEL BROWN . On the 8th of October I lodged in Bennett-street, Soho—the prisoner called to see my wife—I went out about ten o'clock in the morning, leaving my dressing-case at home, containing the articles stated—I returned at half-past twelve o'clock, and it was gone—I afterwards saw it in possession of the police, forced open, and half a sovereign taken out—she always bore a good character.
MARY ANN BROWN . On Monday, the 8th of October, about eleven o'clock, I was at home, and saw the prisoner come out of the house with something under her arm—I could not tell what it was—she was in my brother William's room.
(Property produced and sworn to.)
GUILTY. Aged 24.—Recommended to mercy.— Confined One Month.
2390. MARY RAMSAY was indicted for stealing, on the 1st of September, 1 printed book, value 1s., the goods of Maria Marian Joseph; 5 handkerchiefs, value 12s.; 1 sheet, value 3s.; 1 pillow-case, value 1s. 6d.; 1 apron, value 6d.; 1 pinafore, value 1s.; 1 basket, value 1s.; and 1 coffee-pot, value 1s.; the goods of Morris James Harris, her master.
missed these articles—(looking at them)—these are my husband's—I went to the prisoner's lodging, found the coffee-pot, basket, silk handkerchief, cotton handkerchief, pinafore, and apron—she said she did not know how the things came there.
Prisoner. She lent me the book. Witness. Never, in my life—I never knew she had it—I would not lend it to anybody—it is not my own.
Prisoner. It was through distress I did it.
GUILTY .* Aged 50.— Confined Six Months.
JOHN FRAZER . I am servant to Mr. John Adams, of George-street, Spitalfields. On the 25th of September, about ten o'clock at night, I was in Brick lane with my master's cart—there were two coats in the cart—I saw the prisoner on the pavement—he dropped two halfpence against me—he told me he had dropped 1s. 1d.—he found 1d., and said, "If you will find the sixpence, you shall have half"—he at first said it was a shilling—I said, "I don't believe you bad one"—he walked round the cart, whipped the coat off, and ran down Wentworth-street with it—I am certain he is the man—he got off with it—I knew him before by sight.
JOHN BORNHAM (police-constable H 58.) On the 25th of September I was in Wentworth-street—Frazer was coming down to speak to me—I went with him down the street, about 300 yards from the spot—I turned my light on—three men stood in a dark place, and he pointed the prisoner out as the man who took the coat—I secured him—he resisted very much, and threw a handkerchief away.
Prisoner. I was standing still—he came up to me with another policeman—he said, "Is either of these the lad that was in Brick-lane?"—he said, "I think that is him," and at the station-house he said, "I am sure it is him"—the policeman knocked my hat off my head—my handkerchief fell into the kennel, and he took it up. Witness. I did not knock his hat off—it might have fallen off his head—it was wrapped up in another handkerchief.
(Witness for the Defence.)
WILLIAM BARRY (police-constable H 59.) I have been in the police seven years—I have had the district of Brick-lane since February last—I am subpoenaed here by the prisoner—on the night the coat was stolen, the witness Frazer came and told me it was stolen from his master's cart—I asked him what sort of a person stole the coat—he said it was a Jew—a low-sized fellow.
JOHN FRAZER re-examined. I did not tell him any such thing—I told him that was the party who was standing by who might have the coat—that there was a Jew among them—there were three or four of them on the other side of the road, who belonged to him—I am sure the Prisoner is the person who took it—I have not the slightest doubt of it—I saw him whip it off the cart—I called "Stop thief," and should have caught him.
NOT GUILTY .
SAMUEL GURNELL . I live in Portland-street, Oxford-street, with my father, who is a carman—I look after Mr. Lee's pony and chaise—I have known the prisoner two years—on the 23rd of September, about six o'clock in the evening, I met him in Portland-street—he told me he had got no money, and asked if I could let him sleep in the it able—I did so—I had a leather purse containing nine sovereigns and a half, which I kept on a high beam in the stable—I had been four or five months saving it—I locked him in the stable, and in the morning unlocked the door, and let him out a little after seven o'clock, and my purse was gone—I had seen it safe the night be went to the stable—it has not been found, nor any of the money—I saw him afterwards, and charged him with it—he said if I was to kick him from here to Birmingham I should not find it on him, and said, "Do you think if I had 9l. 10s. I should stop about this neighbourhood?"
Prisoner. I never said so—I said I did not know anything about it—it was about six days after that I saw him, and he did not say a word about it to me. Witness. No, because there were two pals with him—I thought if I spoke I should get ray head knocked off.
NOT GUILTY .
WILLIAM PARTRIDGE . I live with my father in Bell-street, Miller-street. On the 24th of October I saw the prisoner go into Mr. Sully's shop on his hands and knees, and crawl out again with four loaves under his arm—he had no shoes on—I went in and told Mr. Sully.
Prisoner. It was not me—it was another boy. Witness. I am certain it was him.
GUILTY *. Aged 14.— Transported for Seven Years.
2394. CHARLES FREDERICK HUNT was indicted for stealing, on the 18th of June, at St. James's, Westminster, 6 silver forks, value 7l.; and 5 silver spoons, value 3l.; the goods of Samuel Cartwright, his Barter, in his dwelling-house.
MR. BODKIN conducted the Prosecution.
SAMUEL CARTWRIGHT , the younger. I am the son of Mr. Samuel Cart—wright, a dentist, and live in Burlington-street. The prisoner was a sort of confidential servant and butler upwards of eight years—he had fifty guineas a year—he lived in the house in the day time, but slept out, being a married man—my father placed every confidence in him—my father discharged him about a fortnight ago—about the 10th of October some articles of plate were missed—(looking at a letter)—I believe this letter to be the prisoner's writing—I received it myself, and caused him to be taken into custody—(read.)
"18th October, 1838.
"Sir,—In my present distracted state of mind, I scarcely know how to address you; I can only implore you in my fallen condition to look on me with mercy and compassion. It is not for myself I ask this, but for my dear wife and children; they are at present strangers to my disgrace, and how shall I look upon them when they do become acquainted with it? I have got my account-book, but my mind has been too distracted to complete it. I have not tasted food since I left your house, neither have I closed my eyes—I have nothing to look forward to in this world but shame and misery. My home, once peaceful and happy, must for over beareproach to me; and the other branches of my family, although poor, virtuous, and respectable, will never again look on me. To pass the rest of my days in slavery and bondage in some foreign clime, would be happiness in comparison with the misery I have to look forward to. You kindly and most humanely interceded with the Government for one unfortunate wretch, and restored him to his country and friends; do interest yourself for another, and get him out of his country in some humble capacity, and the after part of his life shall be worthy of your kind consideration. I must now confess that I have appropriated to my own use six forks, three table spoons, and two dessert spoons—they shall all be restored to-morrow—I cannot to-day, for I have not the duplicates in my possession—they are sealed up in a packet, in the possession of a friend, and he is from home for the day. I must also give you the most solemn assurance, in the face of my God, that no creature but myself knew anything of this matter, and that I never removed the soup ladle and fish slice, which it seem I was suspected of doing; indeed it was this very circumstance, with King's carelessness (nothing else) that suggested the means of raising money, and saving my furniture from the hands of the broker, who had a man in possession. I will make every reparation by confessing everything when I am sufficiently collected to write more; at present my hand trembles, and my mind is bewildered; I can only again express my gratitude for every kindness, and subscribe myself, your once faithful, but now disgraceful,
"I was afraid of an execution in my house, which induced me to take these, with other papers, out of it."
Cross-examined by MR. JONES. Q. Had the prisoner, up to the time of this occurrence, borne a good character as an honest man? A. As far as we were aware he had—he has a wife and six or seven children—he has had a good deal of sickness in his family, and I presume has been in much distress in consequence—his wife has just been confined—I have heard he is involved—I think my father paid him his salary quarterly—he has paid him a balance since his discharge—I do not know how much—he has not paid him any thing since this was discovered—I am not aware that there is a balance of 15l. due to him—he gave up some duplicates of property belonging to my father when he was arrested, but not voluntarily—my father did not make any appointment with him to have the property restored—he wrote twice my father, saying he would confess, and produce things, but he did not—he then wrote to me a third time, the day he was arrested—he not come forward with the things as an honest person would—he made appointments, but did not keep them.
MR. BODKIN. Q. Was the prisoner entrusted by your father to pay bills; and is there a deficiency? A. There is.
WILLIAM MASTERS . I am a pawnbroker, and live in John-street. I produce some silver forks and spoons, which were pawned by the prisoner—I took them in myself—there is a crest on them—I have known the prisoner these three years—he told me they were hi, own property—I did not know him to be a servant—I believed him to be a dentist.
Cross-examined. Q. Has he occasionally redeemed pledges? A. Repeatedly—I think he has done so within a month—I think it was plate and we have had articles out of time which he requested us to keep—I have done so, and he has renewed them, and sometimes redeemed them.
(Property produced, and sworn to.)
MR. JONES, on the prisoner's behalf, stated that he had pledged the articles, being in difficulties, intending to redeem them.)
NOT GUILTY .
2395. CHARLES FREDERICK HUNT was again indicted for stealing on the 16th of October, at St. James's, Westminster, 4 sets of teeth, set in gold, value 20l.; 3 parts of sets of teeth, value 5l. 9s. pieces of gold weighing 6z., value 12l.; and 1 syringe, value 2l.; the goods of Samuel Cartwright, his master, in his dwelling-house.
MR. BODKIN conducted the Prosecution.
SAMUEL CARTWRIGHT, JUNR . I am the son of Mr. Samuel Cartwright of Old Burlington-street—the prisoner was in my father's employ—he attended the door, and admitted patients, and made arrangements for their seeing my father, and afterwards waited at table if there was company—he had fifty guineas a year, boarded in the house, and was permitted to go home at night—if there was no party, he left about seven or eight o'clock at night—he was discharged, and left about the 8th or 10th of October—my father at that time paid him some money—I cannot say the exact sum, but it was about 20l.
Cross-examined by MR. JONES. Q. Did he pay him the same day as he was discharged? A. That I cannot be certain of—I did not see it paid, nor see the prisoner leave the house—I afterwards received a letter from we prisoner, in consequence of which my father sent a person to the Green-park—the prisoner bore a good character up to this time—these are want are called natural teeth, taken from the human jaw, I presume—I am twenythree years of age—I assist my father—I am not in partnership with him I receive part of the profits of the business—these teeth were stolen before I regularly attended at Burlington-street—I first began to receive part of the profits last September, during the time my father was out of town—I saw patients, and then received fees—that was the time I consider I assisted him—I kept the fees I received—I have since that received a share of the profits of the business—I did not before that—none whatever.
MR. BODKIN. Q. Did you offer those fees you took in September to your father? A. Yes, and he begged me to keep them—that was the extent of the partnership—there was no partnership in writing—my father has not returned to town for good yet—he is merely in town one day or a day and a half.
COURT. Q. Has there been a deed of partnership between you? A. No—he merely allows me to take what he pleases—I have not received any share in the fees taken by my father—I have no share or right 10 any of his teeth or instruments.
Meagle at that time—I produce some teeth, and other articles—I did not take them in myself—I do not think I have seen the prisoner on the subject of any of these—I do not recollect speaking to him about any of these—some of the duplicates are written by my apprentice, and some by my young man—I have had a conversation with the prisoner on articles of this kind, but I cannot identify any one now before me—I had a conversation with him respecting artificial teeth about the date these were in ray possession—these have been taken in during twelve months—there have been more transactions.
Cross-examined. Q. Have you any motive for concealing the truth? A. Not the least—I have not come here as an unwilling witness.
MR. JONES. Q. Have you ever said you could not swear to the syringe? A. No—I never expressed a doubt about its being my father's—I have continually seen it in my father's drawer—I knew it by three separate tubes in it.
HENRY SHERWIN . I am an officer of Marlborough-street The prisoner was given in my custody—I received some duplicates from him after I received him in charge in the Green-park—I walked with him towards his own house—he told me he had pledged the things at Mr. Masters's—we had been talking about the teeth and silver—every one of the duplicates I received from him correspond with the things which have been produce.
Cross-examined. Q. Before he said what you have stated, did you say any thing to him? A. I told him I took him on a charge of felony—I said nothing to induce him to say any thing—it was quite voluntary—he never attempted to deny or conceal the matter—he told me he meant to redeem them.
WILLIAM MASTERS re-examined. I took in the syringe—this duplicate is my writing—this other is the hand-writing of the young man who is with me now—the two are not in the same hand-writing—I have known the prisoner for two or three years—I did not know where be lived—I knew his person very well—I knew him by the name of Mayland.
MR. CARTWRIGHT, JUN., re-examined. The frame-work of these teeth is gold—they are worth from thirty to forty guineas a set when prepared for a patient—there are about four whole sets and some parts.
MR. JONES. Q. Can you account for their being described in the indictment as worth 251.? A. No—I cannot swear that I have ever seen these before, but I know them to be my father's by a mark inside, of the day of the month and the year they were made—I have not the slightest doubt of their belonging to my father.
GUILTY . Aged 40.— Transported for Ten Years.
NEW COURT.—Friday, October 26th, 1838.
Sixth Jury, before Mr. Recorder.
MESSRS. BODKIN and CHAMBERS conducted the Prosecution.
JAMBS PATERSON . I keep the Antelope, in White Hart-street, Drury-lane. Between six and eight o'clock on Sunday evening, the 30th of September, the prisoner was there with a man and woman—the prisoner asked
for some liquor—I served her—she chucked down a half-crown—I gave her the change—she stood a few minutes at the bar, and called for something more, and paid for it with another half-crown—I put them both into the till, and she left the house—there were no other half-crowns in the till—that I am certain of—after she left, I looked into the till, suspecting her, from her changing two—I found they were both bad—I put them into my pocket, and kept them by themselves—on the following Sunday morning law her again about nine o'clock—I recognised her—she asked for a glass of gin and milk—I served her with the gin, and sent for the milk—she put down a bad half-crown—I told her it was bad—she said she was sorry for it, she was not aware of it, but she had got another, which she hoped was not bad—she tendered a good one—I asked if she was not satisfied with the two she had passed the Sunday before—she said she had never seen me, and never was in the house before—I sent for an officer, who took her into custody, with the good half-crown and the bad one she offered that day—I delivered the two bad half-crowns afterwards to Hancock—I am quite sure they were the two I received from her the preceding Sunday, and he had the one she paid that day.
HENRY HANCOCK (police-constable F 42.) On the 7th of October, in the morning, I was sent for to the house—I found the prisoner there—I took her into custody—I received from Mr. Paterson a bad half-crown—I went to the station-house—I saw two other half-crowns produced by Mr. Paterson—I took charge of them, and produce them.
MR. JOHN FIELD . I am Inspector of coin to her Majesty's Mint. These half-crowns are all counterfeit, and all three produced from one mould—they are made of Britannia metal, which is used for making spoons.
Prisoner. I know nothing of the two half-crowns.
JAMES PATERSON re-examined, I put the half-crowns by themselves into a purse, and kept them in my pocket—I never mixed them with any other—she came in alone on the last Sunday, and was dressed the same as she was the Sunday before—I am quite clear she is the same person.
GUILTY . Aged 19.— Confined One Year.
2397. THOMAS PORTSMOUTH and ANN PORTSMOUTH were indicted for stealing, on the 26th of October, 4 books, value 2l. 5s.; 1 watch, value 10s.; 1 pedometer, value 1l. 12s.; 7 sheets, value 17s.; 1 table-cloth, value 10s.; 4 curtains, value 8s.; 8 pairs of trowsers, value 1l. 12s.; 2 coats, value 10s.; 1 waistcoat, value la.; 6 forks, value 3l.; and 20 spoons, value 4l. 5s.; the goods of Thomas Heberden: 1 counterpane, value 5s.; 13 curtains, value 2l.; 50 yards of more, value 3l.; 1 set of bed-furniture, value 12s.; 1 shirt, value 2s.; 1 table-cloth, value 2s.; and 5 spoons, value 5l.; the goods of Henry Rice, their master.
MR. PHILLIPS conducted the Prosecution.
HENRY RICE . I am a solicitor, and live in Jermyn-Street. The prisoners have been in my service since 1835—they are married, I believe—I reside out of town—on my return, in October, I found the prisoners had absconded—I searched the house, and found the plate was gone, and various other articles—a gentleman named Heberden was living in the house—I made search for the plate in particular—I missed a great many articles which are here—I recognize thirteen curtains and fifty yards of merino—here is a shirt which I believe has my mark—in consequence of, receiving
a letter from the prisoners, containing some duplicates, I went to the pawnbroker's, where I found some property—this spoon is mine—there is a cipher on it—some of these others are mine—my crest is on some.
COURT. Q. Were the prisoners living in your house together? A. Yes—what the woman did she might do under the control of her husband.
THOMAS DRISKELL . I am in the employ of Mr. Hennis, a pawnbroker. I produce some property—the male prisoner pawned these spoons at our shop—I am sure he is the person who pawned this spoon, which has been identified by Mr. Rice, and here are curtains pledged by the female prisoner—this spoon and two forks were pledged by the male prisoner—I received from him two forks, for 1l. 1s.; two teaspoons, for 3s.; one teaspoon, 2s.; one dessert-spoon, 4s.; one table-fork, and other things, 1l. 4s.; two spoons, 15s.; 1 teaspoon, 1s. 6d.; twenty-four yards of merino, 1l.; one sheet, a shirt, and teaspoon, 3s.; 1 metal watch, 15s.; and some other things—they were not all taken in by me—some were pledged as far back as October, 1837.
COURT. Q. Do you take in any thing that any body brings? A. Certainly not—I have compared the duplicates produced by Mr. Rice, with the counterparts in my possession—they correspond.
DR. THOMAS HEBERDEN . I reside in Mr. Rice's house, in Jermyn-street. I had some plate there—these two spoons are mine—(looking at them)—I know them by the crest on them—when I came back to town I missed these forks.
Thomas Portsmouth's Defence. All I have to say is, that it was not my intention to commit a felony—I pledged them with the full intent of restoring them, and have been disappointed in my expectation—I commenced manufacturing an article, which turned out quite contrary to my wish—my wife acted under my control—if I had taken her advice I should not have persevered in manufacturing that article which I did.
HENRY RICE re-examined. The man has lived with me from May, 1835—the first that appears to have been pawned is about twelve months previous to this month—to replace the whole property I suppose would cost me 50l.—the curtains had been taken down, and those things supposed to be put away, I found were pawned.
(Edward Goddard, No. 7, Clarke's-buildings, a porter at Mr. Mitchell's, Old Bailey, gave the prisoner a good character.)
THOMAS PORTSMOUTH. Aged 38.— GUILTY .
Transported for Seven Years.
ANN PORTSMOUTH.— NOT GUILTY .
MESSRS. PHILLIPS, CLARKSON, and BODKIN conducted the prosecition.
THE MOST NOBLE THE MARQUIS OF DOWNSHIRE . My Christian names are Arthur Blundell Sandys Trumbull. I have an estate in Ireland called Hillsboro' Castle, and have a house in Hanover-square, in town—I was out of London for some time—I returned on the 12th of March last—upon my arrival I received these two papers—(looking at Letter No. 1, and Placard No. 2)—they were sealed, and contained enclosures—I made am ark on them—the enclosures they contained are now within them—I put my initials on
them—one of those papers contained the printed placard, as well as a letter—that is the letter I marked—the name of Reitterhoffer appears as the printer of the placard—the late Marchioness, my mother, had a servant in her employ, of the name of Reitterhoffer, first as courier—he was first in the service of the Marchioness in 1821, and quitted in 1830—my sister, Lady Mary Hill, died about that time, 1830—she always resided with the Marchioness, my mother—she accompanied the Marchioness to the Continent, to Naples, and other places, while Reitterhoffer was in the Marchioness's service—I lost my mother in 1836.
Cross-examined by MR. JONES. Q. Your Lordship's family name is Hill, is it not? A. Yes; Reitterhoffer was a man of gentlemanly appearance, tall, and of good address—I cannot tell whether he was a man of education—he was like most foreign servants—I do not exactly know in what situation of life he had moved—he was a man capable of reading and writing very well, I suppose—I used to see him at my mother's house, but never had any correspondence with him.
MR. CLARKSON. Q. Your Lordship did not reside with your mother? A. No; and therefore had no means of being acquainted with the education or qualities of the man.
LORD MARCUS HILL . I am the younger brother of the Marquis of Downshire. I remember the man, Reitterhoffer, when in my mother's service—I have settled accounts with him, and had meant of forming a judgment of his hand-writing—I have no doubt that this letter (looking at Letter No. 1) is the hand-writing of Reitterhoffer—I should say that the envelope that enclosed it is not in the same hand-writing as the other—(read.)
Letter No. 1.—" To the Marquis of Downshire, ("Hillboro' Castle, Ireland," erased, and) "Hanover-square, London," written underneath; no date; London post-mark, "March 7th, 1838;" country post-mark, "March 9th."
"Joseph Reitterhoffer enclosed the Marquis of Downshire the announces of the 2nd edition of his pamphlet, which will parade the principal streets, and at your respective residences, at your arrival in town; and as the object and aim of J. R. is only to seek justice for unparalleled wrongs, he will forbear to give publicity to the work until the Marquis of Downshire has had a fair opportunity of considering whether it is most honorable to grant or withhold the justice demanded.
"J. Reitterhoffer again promises, if the Marquis of Downshire return him his character, or give him the opportunity of justifying it, to destroy, or even give up, all letters and documents which substantiate his publication.—J. R., presuming that the feeling entertained towards him by the Marquis of D. is such as to preclude the possibility of a personal interview, suggests that his wrongs should be inquired into by two gentlemen, the one to be appointed by the Marquis of Downshire, and the other by himself, whose decision J. R. will willingly abide by. Should this suggestion meet with approval of the Marquis of Downshire, a communication to that effect, addressed to the care of A. Renton, 210, Piccadilly, will be immediately attended to.
"P.S. Whatever further exposal, for my justification, this unfortunate affair (about the sudden and mysterious death of poor Lady Mary Hill) may incur, the Marquis of Downshire will have, no just complaint of having been taken by surprise."
(Placard No. 2 read.)
"Second Edition, ready to be published, A Faux-pas in the Marquis of Downshire's family, wherein every lady in the kingdom is asked, whether such unfeeling, cowardly thieves, as are the Marquis of Downshire and his brothers, Baron Sandys, Lords Marcus Hill and George Hill, should not be excluded from all honest society? By J. Reitterhoffer,—Printed by J. Reitterhoffer, King's-road, Chelsea."
MR. BODKIN to LORD MARCUS HILLM. Q. There is mention made in this letter of the sudden death of your lordship's sister, Lady Mary Hill, was it sudden, or had she been some time ill before she died? A. She had been for several months before in a very bad state of health—I believe this letter (looking at No. 2) to be quite as much the writing of Reitterhoffer, as the other.
THE EARL OF HILLSBOROUGH . I am the eldest son of the Marquis of Downshire. I received this letter, (No. 2.) by post, while I was in Berkshire—the bills that are now pinned to it were enclosed in it—(Letter No. 2 read.)
Addressed "To the Earl of Hillsborougb, Marquis of Downshire's, ["Hanover-square,"—erased ] "East Hampstead Park, Brackuell, Berks."
"19, Titchborne-street, Golden-square.
"My Lord—It was not until yesterday that I knew, beyond all doubt, that the person, who called at No. 4, Agar-street, Strand, upon two occasions, and branded me as a liar and a coward, threatening to horsewhip me and break all the bones in my body, was your lordship, under the assumed name of that despicable fellow, Lord Marcus Hill. Without further alluding to the generous and honourable feeling such conduct denotes. I will at once acknowledge that, compared to the conduct pursued towards me by your father and uncles, it is meritorious in the extreme;—for you only seek to exterminate me by a sudden and positive death, and not to torture and rack me by cruelties unparalleled in the history of aristocratic villains. In order to show your lordship that your threats cannot intimidate me, whatever effect they may have had upon the weak parties whose agencies I had employed to dispose of my pamphlets, I beg to inform your lordship, that I shall shortly open a shop, where I shall in person superintend the sale of my pamphlets; when the spot is decided upon, your lordship shall have the earliest intimation of it; when the world shall see who has—the most courage—your lordship in attempting to carry your threats into execution, or 1 in resisting them. But should your lordship thirst for immediate revenge, your wishes can be gratified if your lordship will send a line to the above address, appointing a place and hour where and when, I shall be happy to attend your lordships commands. The enclosed handbills will convey to your lordship something of my intention, the completion of which has only been delayed by the difficulty I have experienced in finding an eligible public situation for vending the pamphlets. In conclusion, I reiterate what, upon every occasion I have alluded to in my communication with your father, viz., that I seek but for justice; and until I have it, I will pursue every legal means within the compass of my ability to attain it.
"April 13, 1838. "J. REITTERHOFFR."
(Placard No. 1 enclosed.)
"First Edition, now ready for sale—A Sketch in High Life, detailing an unparalleled cowardly robbery committed by the Marquies of Downshire's family, not only of property and a valuable documentary
paper, but of the character of the humble individual, the husband of their deceased sister, Lady Mary Hill. By J. Reitterhoffer, late steward to the former Marchioness of Downshire—Printed by J. Reitterhoffer, 4, King's road."—(The placard No. 2 as before.)
MR. BODKIN to EARL OF HILLSBORO'. Q. Were you ever in Agar-street, or did any such transaction as that alluded to in the letter ever take place? A. I do not know where Agar-street is—I never went there assuming the name of Lord Marcos Hill, and left any message—I have an uncle, Lord Sandys, he was in the army—he is on half-pay—he was in the army at this time—Lord Marcus Hill lived at that time in the neighbourhood of Belgrave-square—Lord Sandys resided in Curzon-street.
THOMAS PHILBROW MILLER . I was in the defendant's service in March this year—I first went into his service at the commencement of the general election, about two years since—he is a printer by business—I assisted him to move to Union-street, Borough—before that he lived in Drury-lane—I how the man Reitterhoffer—I saw him once at Drury-lane, at Teuten's—I how that placard—(looking at one)—it purports to be printed by Reitter-hoffer, at No. 4, King's-road, Chelsea, but it was printed, in fact, at No. 59, Union-street, with that false name and address on it—allow me to observe, Mr. Tueten objected to print the bill with his own name on it, and Reitterhoffer then said, "You can put my name, at King's-road, Chelsea"—the second large bill was printed at the same place, by the same person, and the smaller one was printed at the same place.
Q. Did Tueten know of the printing of the little bills, as well as the large bills? I am sure he did—I saw Reitterhoffer at No. 59, Union-street, two or three times—I believe three times—he was waiting in Union-street while the large bills were printing—Reitterhoffer brought the copy from which the bills were printed—Teuten objected to print when the manuscript was brought, till it was altered, and then it was altered to its present form by Reitterhoffer, at Teuten's office—Teuten objected to having his name attached to the bill—I do not know what was objected to in the large bill which Teuten altered—the bill was printed at the latter end of May at Teuten's office—he asked me if I could procure him any men to carry boards—I said I thought I could—he asked for six—I procured him one, and that one promised to bring five other persons beside himself—there were six altogether, I think—two accompanied me and Teuten to Union-street, in the Borough, on the Saturday afternoon—they had the bills given them pasted on, preparatory to walking on the Monday morning—the pressman gave them the bills—Teuten was there—they were pasted on boards—I should know a board if it were produced to me—this is one of the boards, and these are the bills—(looking at them)—Teuten told me that the instructions Reitterhoffer gave the men on Monday, when they were assembled, were, to go to Belgrave-square, May-fair, Horse-guards, Hanover-square, and the most populous places about London—I made an appointment on Saturday with one man, and he brought another, who came on June Saturday, and then they promised to bring some others on Monday following—I was at the printing-office on the Monday afternoon, and was wormed that Reitterhoffer had been there at ten o'clock in the morning, to see the men start with the boards—Teuten told me that the men were to be paid every night at the rate of half-a-crown per day, and that Reitterhoffer had advanced money to him for that purpose—Teuten told me that Reitterhoffer and a friend of his (Reitterhoffer's) were out watching
in Hanover-square on the Monday—that one of the men was taken into custody, and that Reitterhoffer intended to apply to an attorney to get the man liberated, and likewise the board—he said the man and board were both taken to Queen-square office.
Q. Did you ever hear any thing from Teuten as to what the object of these bills was? A. I heard Reitterhoffer say, in Teuten's presence, that he. expected to get 5000l. from the Marquis of Downshire's family—I often heard it—it was the common conversation of the office—I have heard Reitterhoffer say in Teuten's presence, that he would follow it on till he had his ends accomplished—till he got his demand of 5000l.—I beard Reitterhoffer say that the Downshire family were a d—d set of thieves Teuten was not present then—after the men had been out with the boards, they were in the habit of coming to the office—they were not in the habit of having any refreshment there—only their money—Reitterhoffer has frequently given the men refreshment while working the press, when Teuten was present—I knew a man named Bryan—he was the man first taken in custody—he was one of the men employed to carry the boards—I know a man of the name of Fagnoit—I was not aware that he was employed at all—he was an acquaintance of Teuten's—the body of this letter—(looking at one)—is his hand-writing, but I have my doubts about my signature—I was never taken into custody—I made this disclosure voluntarily, without any compulsion—Fagnoit had a shop in Agar-street—I saw one of these placards—(entitled a Faux Pas)—at his window there—I have frequently taken messages from Teuten to Fagnoit at that shop, when the placard was outside the window.
Cross-examined by MR. JONES. Q. Were you ever in business yourself as a printer? A. No, Sir—I am a silk-mercer—that is my original business—it is six years since I was in business as a silk-mercer, on my own account—that was at Portsmouth—I was in business there nearly fifteen months—I left it because it did not answer my purpose—I did not fail—I do not know that I paid every body—I left Portsmouth as soon as I had given up my business—I did not leave it in any particular hurry—I never ran away in my life.
Q. Have you since paid any debts that you left behind you? A. That is my business—I shall not answer—I did leave Portsmouth in debt—I have not paid my debts, but they are of no amount—when I came up to London I was out of business for some time—I hired a room in Holborn, for the exhibition of curiosities, at 52l. a year—I exhibited Egyptian curiosities—a mummy—I was not the proprietor of that exhibition I hired a room which I paid 52l. a-year for—that was the wax-work place near the corner of Museum-street—I showed the curiosities and the mummy—I was not the person who called out, "Walk in, ladies and gentlemen"—I was up-stairs—I was the "demonstrator"—I had no deputy—there was none required—I remained there about nine months—it did not answer my purpose—I acted up to my engagement, and paid all the rent—that I swear—it was not my mummy, it was Mr. Ferguson's—I was not hired by Mr. Ferguson—I then got a situation at Covent-garden Theatre for the management of supernumeraries—I did not perform there—I staid there about three months, I then went back again to the curiosities in Holborn—I thought it would answer my purpose better the second time—I staid there eighteen months, on the same terms as before—I then went and travelled for a person of the name of Noon in the printing business, soliciting orders for him in London at 25 per cent, commission—I did not go into
the country—I was with Mr. Noon till he failed, and then I joined Mr. Teuten on the same terms, 25 per cent, commission on orders—I did not do any thing particular for Teuten, except collecting orders—I never was a policeman—I was a police-clerk for six months, eight years ago—that was before I lived at Portsmouth—I left the police because I did not like it—I gave in my resignation of my own free-will—I had no hint to resign before I did it—I swear I left of my own free-will—I resigned that situation to become a silk-mercer—I did not set up in business directly—I was with my friends in the country for some time—my original employ was a silk-mercer—I was in business on my own account, for two years, in the Strand, before I was a police-clerk—that business did not answer—I did ail, nor run away.
Q. To whom did you first give information about the evidence you have given to-day? A. I wrote a letter to Lord Marcus Hill in the early part of May—I never saw Lord Marcus Hill on the subject—I have seen his lordship's solicitor, and then immediately made all the disclosure that I have since—I did not propose any advantage to myself from giving that information—I thought it was necessary his lordship should know it—I did it from my own conscientious ideas—I always was conscientious—when I wrote the letter I was living in Denzill-street, where I am living now, and have done for three years—I never had any communication with Reitterhoffer—I was constantly going backwards and forwards to the printing-house, as far at business occurred, and I continued to do so after I had written the letter and seen the solicitor—I did not see the placard-bearers go out after that—I do not know the last time I saw them go out—I took no cognizance of dates—Teuten informed me they went out afterwards—I saw them return but not go out—I cannot print—Teuten did my' printing at times—I do not think he did any after I wrote the letter—I have not received a single farthing for the information I gave.
Q. Have you received nothing for your loss of time, or any expense you have been put to? A. Of course I cannot live on the air—I have had my expenses paid certainly—I received a sovereign with a subpoena last Tuesday—I have not been living at the expense of the Marquis—I have been travelling and soliciting orders, having obtained a connexion during the last two years—I can get printing done much cheaper than I can by Mr. Teuten—while I have been in attendance at this court I have lived at my own expense—I have received about 5l. in all on the subject of this prosecution—I expect nothing more for my loss of time than the expenses of the Court—I accompanied the officers, to endeavour to find Reitterhoffer—I cannot tell when I first gave information—I do not recollect whether it was before or after the placards had been sent out—I am rather inclined to think it was before they had been sent out—they were printed in March, but did not go out till the commencement of May—I think it was about the time that they were coming out that I wrote to his lordship—I did not take any means of preventing their being sent out—it was not my place to prevent their being sent out—I was never connected with Fagnoit in the printing business—he had a shop next door to the exhibition in Holborn, where obscene books were sold—he was keeping that shop at the time I was keeping the exhibition—I did not know him before I went to Holborn—I then visited him at that shop to pass the time away, nothing further—I had nothing whatever to do with that shop, upon my oath, nor with the shop in Agar-street—I saw books published connected with this Prosecution, at Holborn and Agar-street, and several other shops—there
was one in King-street—I have heard of the publication called "The Liar"—Mr. Teuten printed it—I corrected it for Fagnoit—he employed Teuten to print it—I was not to have half the proceeds of that publication—I believe he simply asked me, would I have the kindness to correct it for him, as he was no scholar himself?—I was living in Holborn at that time.
Q. Had you any thing to do with the paper called the "Penny Satirist?" A. I had—I was living then where I do now—I believe Fagnoit had a percentage on that from Teuten—I did not publish that in conjunction with Fagnoit—I edited it—I conducted the "Penny Town,"published by Clark—I drew a little money out of it, but very little—that was published in Russel-court—I was solicited to purchase some paper for Mr. Clark, at some that he had ordered had not come in—what I ordered was of Mr. Hunter, in Holborn.
Q. Were you connected with a publication called "The Secret History?" A. I had a commission from Mr. Teuten—I distinctly swear I was never in partnership with Fagnoit in any publication.
Q.Just look at these two papers, (handing him two,) and tell me whether you mean to persist in that answer? A. Most assuredly—I had a commission from Mr. Teuten for "The Secret History"—I know a man named Romford, a workman of Mr. Teuten's—I remember, before I went to the Grand Jury, being in company with him—I did not tell him I had been subpoenaed, and ask him what I should say, nor any thing of that kind—he is a very ignorant man—I should not have asked advice of him—I remember his saying he would speak the truth, he would not perjure himself for his master nor any one else—I will swear he did not say, "But you did the pamphlet"—he said nothing relating to any pamphlet—I did not say to him, "I don't care about it, I will put Fagnoit in the hole"—we had no particular conversation, except about matters of business—I never was a printer—I never printed in my life, I do not understand it—Teuten had several boys in his employment—I never sent a boy, in my life, to get the key of the printing-office—I will swear I was never at the printing-office in the night, when Teuten was not there—I obtained the first placard-bearer—Mr. Teuten engaged them afterwards—I did not agree with them how much they were to have a day—the agreement was not made till Mr. Teuten met them himself—I was there, but Mr. Reitterhoffer was not—I will swear I did not agree with them as to what they were to have per day—I never kept a shop for the sale of books, or any kind of printed works—I took a shop for Mr. Teuten in King-street, Seven Dials, for the sale of"The Secret History, "but I never sold a book in that shop.
MR. CLARKSON. Q. Were you examined on this business in July last? A. Yes—Fagnoit is now in the Penitentiary—I never had any dealings or partnership with him—he was the publisher of "The Secret History.
MR. JONES. Q. Do you know any person of the name of Colburs? A. No, I never lived with a woman of that name.
MR. CLARKSON. Q. Look at these papers; are they Teuten's writing? A. (Looking at them)—The signature of this I should take to be his—I should think this other paper is not his writing.
SAMUEL GOODCHILD (police-constable A 36.) I was on duty in Hanover-square on the 11th of June, about one o'clock in the afternoon—I saw a man, of the name of Daly, whom I spoke to—there was a great crowd of persons round him—there was a quarrel—Daly was standing, with a broken board, and quarrelling with the people—I saw the board—it is the same that has been shown in Court, with the placards on it—he was about
forty yards from Hanover-square Rooms when this happened—after I took him into custody I asked him who employed him—he directed my attention to two persons—in consequence of that I went to look after them, and I came up with Teuten and Fagnoit—I was not able to take them at first, because they ran away—they were about thirty or forty yards from Hanover-square when they ran away, at the corner of George-street, which commands a view of the Hanover-square Rooms—the Marquis of Downshire lives exactly opposite the Hanover-square Rooms—when I came up to them Teuten wanted to know what I meant, and said I should repent it—I told him he must go with me, he was my prisoner—I took him and Fagnoit to Marlborough-street—I found on Fagnoit some of the small placards-Fagnoit was kept in custody till he gave bail—to the best of my recollection, Teuten gave the name of Jones at Marlborough-street—I spoke to both him and Fagnoit as to who hired the men that had the boards there, and they said they employed them—I am positive Teuten did not give the name of Teuten at the time he was asked his name—I have been endeavouring, since the July trial, to apprehend Teuten, but was not able to take him.
Cross-examined by MR. KEEN. Q. What was the charge laid against him when taken to the police-office? A. Of carrying the bills about—I understood he was the man who employed the men with the boards, and I took him into custody—I knew several of our men were employed to apprehend him—some of Lord Downshire's family, as I suppose, gave him in charge—the house-steward was there, but I took him on my own account—I charged him with supporting these men, and seeing them righted in the street, and creating a disturbance—there were a number of persons round—when they admitted they employed the placard-bearers—I was obliged to get a person to assist me in repelling them—there were the house-steward and several persons present when they made this admission.
MR. PHILLIPS. Q. How many persons were about Daly? A. About 200—they said that he ought to be ashamed of himself, and have the board broken about his head.
EDWIN DUNCAN WILKS . I am a constable. I was at Marlborough-street Office when the placard-bearer and the prisoner were brought in custody—the prisoner gave the name of Jones—there was a bag produced—I believe the prisoner asked for it, and claimed it—it contained papers similar to these—they were taken out in his presence, by order of the Magistrate—I was present when bail appeared for him—they stated they came to bail a person of the name of Jones—the prisoner was then asked what his name was, and he said his name was Teuten.
CHARLES RICKETTS . I own the house No. 4, Agar-street. I know a man of the name of Fagnoit—he applied to me about taking that shop, and referred to Teuten, in Union-street, Borough—he answered Mr. Fagnoit's reference, and gave him a very good character—I asked what he wanted the shop for—Teuten said it was to bring out rather an expensive publication—I was rather particular with him, and asked whether Fagnoit wanted the place for any obscene publications, as if he did, I should be very anxious to get rid of him as a tenant—he said he had transactions. with him, and found him a respectable man—I let Fagnoit the shop, from that representation—I live next door to it—I saw in the window the placard, "a Faux Pas," &c., and I sent for him—he said there was nothing obscene in the work, and he was prepared to abide the result—I gave him instant notice the quit—Teuten afterwards called to take the shop for some
friend—I did not let it him—I wanted to know who he applied to take the shop for, and on one occasion he mentioned the name of Reitterhoffer—I am not certain that he told me in whose service Reitterhoffer had been.
Cross-examined by MR. JONES. Q. How long was Fagnoit in that shop? A. About six weeks—he went away without paying any rent—I was anxious to get him out, and he gave me up possession—I only took him as a monthly tenant—I saw the placard several times during his tenancy—at the after part of the tenancy, perhaps for a fortnight, the placard was taken down—immediately after it was taken down, or while it was in the window, I saw a book for sale, called "The Secret History"—I have seen the witness Miller there with Fagnoit—I have seen Teuten in the shop, with a blue bag in his hand, appearing merely to have called in.
JOHN KIRKMAN . I was formerly in the Police—I am now constable to the Polytechnic Institution in Regent-street. I was once employed as constable for the Society for the Suppression of Vice—that led me to the acquaintance of Fagnoit—I knew him when he was living in Agar-street—I went there once to purchase a number of "The Secret History"—the prisoner Teuten was there at the time, dividing some books in the back parlour, folding them up, and sorting them, and Fagnoit was in the shop—Fagnoit followed me out, and told me, that the Queen's Attorney General would prosecute the work that I bought the number of, and if he was well paid, he would give me information of the person who was printing it—he asked me if I knew a person of the name of Reitterhoffer—I said I did not—he said, "You must know him, he is a noted gambler"—I said I thought I had heard something about him—he said, "There's a party with him, and they expect a very large sum of money"—I said, "You will print and publish till you all get into Newgate"—he named the Marquis of Downshire, and said the femily was so respectable, he was sure they should get the money.
Cross-examined by MR. JONES. Q. Do you know Miller? A. Yes, for four or six months—I have known but little of him—I have seen him along with Teuten at our office, when Teuten was robbed, I believe, of some type, or something—that was the first time I became acquainted with Miller.
THOMAS BURKE . I am chief turnkey of Westminster Bridewell. I remember a person by the name of "William Jones" being sent to our prison—when he was about to be discharged, I ascertained his name to be Fagnoit—I received this letter—(looking at one) from that person in the prison—he requested me to transmit a letter to Lord Downshire, saying how sorry he was—I furnished him the paper to write it.
COURT. Q. Can you state at all when you received that information from him? A. I cannot—the letter is in the attorney's hand.
MR. BROWNLOW WRIGHT . I have made search for a letter purporting to come from Miller to Lord Marcus Hill, at Mr. Handley's office, at Pentonville—he was solicitor to Lord Downshire's family, but he is dead. (Charles Legg, oilman, Wardour-street, Soho; William Honey, Broad-street, Bloomsbury; Josiah Eady, surgeon, Newman-street, Oxford-street, David Cliff, North Audley-street; John Ruddock, jeweller, Denmark-street, Soho; Charles Williams Smaile, confectioner, High-street, Kensington; William Bedder, boot-maker, 32, Duke-street, St. James's, gave the prisoner a good character.)
GUILTY .— Confined Fifteen Months in the Penitentiary.
JOHN WICKS . I am a porter, and live in New-street, Union-street, Lambeth. I am employed at Debenham and Storr's auction-rooms, in King-street, Covent-garden—on Monday, the 15th of October, I saw a pair of trowsers safe on a peg in the room—there was a ticket to them—I missed them about half-past twelve o'clock, when the prisoner was brought back with them—I delivered them to the constable—they are worth ten shillings.
Cross-examined by MR. CLARKSON. Q. What is Mr. Debenham's name? A. Robert; he has one partner—these trowsers were placed in the rooms for the purpose of being examined previous to sale, from nine to five o'clock—I saw no Jew selling trowsers there.
JAMES ADAMS . I live in Holland-street, Wardour-street, and am a picture-dealer. On the 15th of October I was going into Messrs. Debenham's auction-rooms about ten minutes after twelve o'clock, I met the prisoner coming out in a great hurry, with his handa to his breast—I followed him—he went into a pawnbroker's shop, at the corner of Princes-street—I saw him unbutton his coat, and take the trowsers out, which had the ticket on—I stepped into the passage, and collared him—he dropped them, and I took them up—I asked him where he got them—he taid he bought them—he wanted me to let him go, as he had a wife and family—I took him back to the room, and left him in charge of Wicks oil I got an officer.
Cross-examined. Q. Where is your shop? A. I have not got one—I deal in any thing I can get a living by—there are. often pictures to be sold at Mr. Debenham's—I did not take the trouble to see by the catalogue before I went in, whether there were any to sell that day—I went in by chance to see if there was any thing there in my way—I went expressly to the place—I came from home to go there—I had not got into the rooms when I met the prisoner coming out—I have known the room about ten years—I go there to look after my own business—I did not go back again, because they made me go to the police-office.
COURT. Q. Did you know the prisoner by sight before? A. Yes; he had been pointed out to me in another room, before he stole the trowsers.
WILLIAM BOON MAY (police-constable F 63.) I live at the station in Bow-street. I was fetched to Debenham's auction-rooms, where the prisoner was given into my custody—I produce the trowsers—I only found a knife on him.
(MR. CLARKSON, on the prisoner's behalf, stated that he had bought the trowsers of a Jew in the room.)
GUILTY . Aged 30.— Transported for Seven Years.
WILLIAM SIMPSON . I live in Swan-court, Swan-yard, and am a milk-man. The prisoner was servant to my sister-in-law—I had a bad foot, and the prisoner came and went out for me occasionally—on the 3rd of September, I missed a waistcoat from my chest—after that I missed another waistcoat, also my wife's wedding-ring, and some bed-winches—I
sent for the prisoner, and charged her with it—she denied it as long as she could, hut we got it out of her, one thing at a time.
GUILTY. Aged 15.—Of stealing one waistcoat.— Confined Ten Days.
2401. SARAH MORRIS was indicted for stealing, on the 1st of September, 11 lbs. weight of feathers, value 10s.; I sheet, value 4s.; 1 pair of stockings, value 6d.; 2 caps, value 2s.; 7 yards of net, value 1s.; 1 pair of gloves, value 6d.; I scent bottle, value 2s.; 1 pair of cuffs, value 2s.; I bed-gown, value 3s.; 4 napkins, value 3s.; and 1 pinafore, value 1s.; the goods of John Metcalf, her master.
ELIZABETH METCALF . I am the wife of John Metcalf. The prisoner lived servant with me for nearly three months—I missed these articles at different times—I missed feathers from the bed—I had her boxes searched by a policeman—they were locked—the prisoner furnished the key—I found there two pillows—the cases were not mine, and I could not swear to the feathers—we found all these articles—the gloves were in a bag—she was a very good servant—these things were all taken rough from the wash—they were washed in the house—the shirt was taken from a drawer.
Cross-examined by MR. PAYNE. Q. I believe she told you they were in the box? A. Yes—I had given her notice before—not from any misconduct, but I had some other person in view.
COURT. Q. Had you told her of these things? A. Yes—the nightgown in particular, and she denied it—it was found in her box.
MR. PAYNE. Q. The cases of the pillows you cannot swear to? A. No—she said her master was dead, or gone into the country, but she gave a respectable reference—I ascertained that all her friends were very respectable—her husband has gone to America, and left her totally unprovided for.
GUILTY. Aged 20.—Recommended to mercy by the Prosecutrix and Jury.
Confined One Month.
2402. THOMAS LOWLES was indicted for stealing, on the 24th of September, 8 pairs of shoes, value 1l. 19s., and 1 pair of boots, value 8s., the goods of Charles Bamfield, the younger, his master: to which he pleaded
GUILTY. Aged 11.—Recommended to mercy. — Confined One Month.
(The prisoner received a good character.)
Fifth Jury, before Mr. Sergeant Arabin.
WILLIAM CAMERON . I live in Green's-buildings, Shadwell, and let out trucks. I missed this truck from my shed about April last year—I gave information at the station-house—I believe there were two other prisoners
concerned, who have been tried—the trucks were in a shed at the top of my ground, just before you get to the Jolly Sailor—the padlock was wrenched off, and the doors open in the morning, and the truck was gone.
JAKE PERRY . I live in New Gravel-lane. The truck was standing opposite ray door, from five to six o'clock one morning, and at six o'clock the two lads who brought the truck there, and the prisoner, unlocked a stable, put some lead into the truck, and took it away.
JAMES ROOKE . I am a police-constable. On the 1st of April, 1837, I was on duty in Ratcliff-highway, and Perry gave me information—I went and saw the truck—Spencer was putting some mud over the lead in the truck, but this prisoner was not there—I never saw him in possession of it—I afterwards apprehended him in Shadwell—he said he was innocent, and that he was to have 1s. for the job.
NOT GUILTY .
RICHARD STAPLES . I keep a pork-shop at Twickenham. On the 23rd of October I went to a public-house to have a glass of ale—my boy came and gave me information—I went out, and saw the prisoner a short distance from my shop—I overtook her, and found this pork of mine in her possession, and this hook.
Prisoner. I throw myself on the mercy of the Court.
GUILTY. Aged 33.—Recommended to mercy. — Confined Six Days.
2405. ANN JONES was indicted for stealing, on the 18th of October, 1 purse, value 1d.; 8 sovereigns, 3 half-crowns, 9 shillings, and 1sixpence; the goods and monies of James Glendining, from his person.
JAMES GLENDINING . I am captain of the Fame, a merchant vessel, which was in the Thames. On the 18th of October I was in Ratcliff-highway about two o'clock in the morning, and fell in with the prisoner—I was a little tipsy, and did not know exactly what happened—I wanted to go to bed, and went home to the house where the prisoner lived—I do not know where it was—I gave the lady of the house a shilling, and went up stairs with the prisoner—I then had eight sovereigns, three half-crowns, and nine shillings and sixpence in a purse—I think I was in the room about half an hour—I fell down on the bed as soon as I got into the room, and went to sleep—I was to have staid there all night—I had put my purse into my trowsers' pocket—when I awoke, my purse was gone, and so was the prisoner—she had gone out of the room while I was asleep—I acquainted the police—they took the prisoner, and my purse was found on her—it then contained one sovereign and 8s. 6d.—the rest of the money is lost—this is my purse—(looking at it.)
Prisoner. Q. Did you not drink the whole morning at the Bull's Head, and then go with some ladies, and stay till half-past twelve o'clock? A. No-you did not give me my purse back again—you denied it when I
asked you for it—I did not send for a shilling's worth of rum—my money was all safe when I entered your room.
GEORGE WILLIAM GRAVE . I am a police-sergeant. The prosecutor complained to me that he had been robbed—he had evidently been drinking, but appeared to know what he was about—I went and took the prisoner—the room the prosecutor went to is in a very low brothel—I found the prisoner in the lower room in the same house—I asked if she knew any thing about the man's money—she said no, she did not, that he had gone up stairs with her and given her a silk handkerchief, but had not given her a single penny—that she brought the handkerchief down, and thought it felt heavy, she opened it, and found the purse in it, which contained 1l. 8s. 6d., and no more—she denied having the money, and afterwards gave up the purse.
Prisoner's Defence. I met this man as I was. coming in with half-a-pint of beer for supper—he asked me for a bed—he went in and gave the landlady a shilling for the room, and another shilling for ale—he took some ale, and then said he was very sleepy, that he had been in company with two women in Palmer's Folly, all the afternoon, till twelve o'clock it night, and had been drinking very freely—I took him up stain, and he fell down on the bed—he pulled out a handkerchief, and gave it me, and said, "In that I think you will find enough to satisfy you"—I took it to the landlady, and asked if I should open it—she said, "Yes"—I did, and found in it the purse, and 1l. 8s. 6d. in it—I sat down and ate some supper—in an hour and a half the prosecutor awoke, and called me—he asked me if I knew any thing of his umbrella, his purse, and handkerchief—I said I knew nothing of the umbrella, but the purse and handkerchief I gave him—he said he had more money than this, and while we were altercating, the policeman came by, and took us both to the station-house—if I intended to have stolen his money, I had time enough to have gone away—I left the house as I found it.
JAMES GLENDINING re-examined. I counted my money when I paid the shilling for the room—I had then eight sovereigns, and I had changed a sovereign that night—I had my trowsers on when my purse and money were taken.
GUILTY .—Aged 30.— Transported for Ten Years.
2406. THOMAS JAMES POTTER was indicted for stealing, on the 31st of August, 2 pillows, value 10s.; 2 pillow-cases, value 2s.; 2 cloaks, value 24s.; 6 yards of silk, value 10s.; 1 sheet, value 5s.; 2 tablecloths, value 4s.; 2 bonnets, value 10s.; 1 hat, value 4s.; 1 set of fire-irons, value 6s.; I hearth-rug, value 5s.; 4 napkins, value 4s.; 1 pair of ear-rings, value 3s.; 1 table-cover, value 4s.; 1 pair of trowsers, value 4s.; 2 coats, value 4.; 3 towels, value 2s.; 2 spoons, value 4s.; and 1 pelisse, value 5s.; the goods of William Beale: and 4 gowns, value 12s., 2 shawls, value 10s.; 1 scarf, value 8s.; 1 cloak, value 10s.; 1 parasol, value 5s.; 4 petticoats, value 7s.; 1 handkerchief, value 2s.; 1 watch, value 15.; 4 shifts, value 7s.; 2 night-gowns, value 3s.; 3 handkerchiefs, value 2s.; and 1 sovereign, the goods and monies of Mary Sears; to which he pleaded
GUILTY . Aged 24.— Transported for Seven Years.
MARY ANN BOLD . My husband is a harness-smith—he makes springs for Mr. Warne, who is a currier.—The prisoner was in Mr. Warne's service—he came to my husband on the 11th of October, respecting the work, as he had had none for some time past—we lost it in consequence of some differences about the prices—the prisoner said that my husband was to go on with the work for Mr. Warne as usual—that was to make springs for the patent autocropolis—my husband said, "I have got no money to go on, will you ask Mr. Warne or Payne if he will advance 1l. on Monday?"—the prisoner said yes, he would—on the following Saturday night, the 13th, I went to the warehouse, and asked him if he had spoken to the governor, or to Payne, about the 1l.—he said no, he had not, as he had not seen them—he said if he did not see me between that time and Monday, by two o'clock, I was to come to his house, or to the Strand, and he would write a note for me to take to Payne, in Bond-street, to let me have it—on the Monday following, Mr. Warne came to me—I never got the 1l.
Cross-examined by MR. DOANE. Q. You went by direction of your husband to the prisoner? A. Yes; I went for the express purpose of asking him to get the sovereign—I was authorised by my husband to ask him to get the sovereign advanced, and keep it till he saw me, or my husband to give it to, and unless I saw him between that Saturday and Monday, at two o'clock, to go there to get a note—I saw him on Saturday, from a quarter to half-past nine o'clock in the evening.
JOSEPH BOLD . I am the husband of the last witness. The prisoner came to me on the 11th of October, and told me he thought he should get the work back again for me, as there was a dispute about the price—I was glad to hear it—I never saw any more of him till the 15th, when I went to the Strand to see him—I sent for him out of the warehouse—he did not come—I met Mr. Warne—I never got the sovereign.
Cross-examined. Q. You have worked for some time for this firm? A. Yes; I knew the prisoner very well—he has never been in the habit of receiving money for me on the Saturday, and paying it me on the Monday—I have never been in the habit of receiving money of the prisoner on Monday morning—I have had my money on Saturday night, but this was money that has been reckoned for, but the work not made—I have never desired him to keep my money for me till Monday, that I might not get drunk on the Saturday—there was no steel that I wanted to be bought—I had money owing to my club on Monday night—the prisoner was not to keep this money to pay my club on Monday—I went to the warehouse on Monday between one and two o'clock, when Mr. Warne took me in.
COURT. Q. Did you receive the money? A. Never, or any portion of it—I never authorised him to spend or appropriate any part of it.
THOMAS WARNE . I am the patentee of the autocropolis, which are coverings for the legs. The prisoner was in my service in cutting out feather, giving out work, receiving it, and paying the men their wages. No. 414, Strand, is the wholesale manufactory—on the 13th of October, Saturday week, I paid the prisoner a sovereign—it was his department to attend to persons connected with this business—he had then to present papers to me, with the men's names, and the money on it, and I paid him on that night, these two bills were presented to me, for which I paid him a sovereign and a half—one of them is on account of "Rutter, 15s., "
and the other on account of "Bold, 15s., "and the prisoner's name is at the bottom of them—he was to pay Bold 15s.—I gave him the sovereign and a half, that was understood to be for a dozen of springs, brought in that evening.
NOT GUILTY .
2408. WILLIAM COLLINS was indicted for embezzling, on the 12th of September, 1l. 1s. 6d.; and on the 16th of October, 16s. 6d. the monies of Charles Robert Colman, his master; to both of which he pleaded
GUILTY . Aged 22.— Transported for Seven Years.
2409. JOHN FORD, alias Thomas Callingham , was indicted for stealing, on the 21st of March, 2 pairs of boots, value 1l. 10s., the goods of Joseph Powett; also, on the 2nd of October, 1 pair of boots, value 1l. 10s., the goods of James Duncan Mullins; and on the 4th of October, 2 pain of boots, value 1l. 2s., the goods of Charles Norman; to each of which he pleaded
GUILTY . Aged 19.— Transported for Seven Years on two Indictments.
2410. SARAH DIPROSE was indicted for stealing, on the 22nd of October, 4 blankets, value 1l. 10s.; 2 sheets, value 5s.; 2 bolsters, value 14s.; 3 pillows, value 10s.; I table cloth, value 1s. 6d.; and I flat-iron, value 6d.; the goods of Thomas Douglas.
ELLEN DOUGLAS . I am the wife of Thomas Douglas, of Oxford-street, Stepney. On the 3rd or 4th of August, I let the prisoner and her husband the front chamber, for 5s. a week, furnished—her husband holds a situation in the City—they paid my rent up to yesterday—the husband is still in the house—on Monday I went into the room adjoining that they occupied, and missed several articles off the bed—she and her husband quarrelled at times—they had three boys—I spoke to her about this, immediately I missed it—she wept, and said it should be got back—she admitted pawning it—this is my property (looking at it.)
JOSEPH COTTON . I live with Mr. Folkard, a pawnbroker in the Commercial-road, I have two bolsters, a sheet, two blankets, a pillow, two other blackcats, and a street, pawned by the prisoner in the name of Smite.
Prisoner. I sent for the prosecutrix, and gave her the duplicates—I told her that I had pledged them, and would get them again the beginning of the month—she told my husband many things against me, which hurt me very much, and I sent for the policeman.
Prisoner. My husband agreed with you three weeks ago, to wait for
the articles till the beginning of the month. Witness. No; he did not know it till five o'clock, when he came home—he is in a tea warehouse in the City at 30s. a week, and has a pension of 11s. a month.
GUILTY . Aged 36.— Confined One Month.
2411. MATTHEW JAMES PRIOR was indicted for stealing, on the 30th of June, 2 pairs of trowsers, value 1l. 15s.; 1 pair of boots, nloe 5s.; 2 brushes, value 1s.; and 1 shirt, value 2s.; the goods of Joseph Charles King.
MARY-ANN KING . I am the wife of Joseph Charles King, a policeman, and live in Wellington-street, Kingsland-road—the prisoner lodged it our house two months before this happened—he was a single man—he left me without giving any notice—the property was lost from the room he lodged in—my husband was on duty the evening the prisoner left, and I missed the property in the morning—I never saw him again till he was in custody—he paid but one week's rent.
WILLIAM HOLLAND . I am a police-sergeant. On the 8th of October I wit in the New-road, and saw the prisoner at a distance—he saw me, and no off for about thirty yards—I collared him—he struggled very hard—I said it was no use—he said, what did I take him for—I said, "For robbing poor King"—he said, "Don't collar me, and I will go with you," and he did—he was formerly a police-constable, but was discharged, and King took him in out of charity.
Prisoner's Defence. I know nothing of the things—there were other lodgers in the house, and no lock on the door.
NOT GUILTY .
WILLIAM COOK . I am a police-officer, and have been so eight years—I knew the prisoner when he was a policeman. On the 16th of May last he came to me, and said he wanted a shilling to send to his friends in Oxfordshire—he produced a pawnbroker's duplicate, which he said was for a pair of trowsers of his own, which he had pledged—I let him have a shilling, believing it was a good duplicate—(read)—"1 pair of trowsers, 2s. 6d., Francis Cotton's, 28, Hackney-road"—I went to the shop—they searched the book, and said they had no such article—that the duplicate was false.
JOSEPH SCRIVEN . I live with Mr. Cotton, a pawnbroker, of Hackney-road. This duplicate purports to be one of ours—it has been a ticket of my writing—the "2s. 6d." is my writing, but the other writing of mine has been erased, and other writing put on—we have no such property in our house.
Prisoner. The duplicate was given to me is it is now.
GUILTY . Aged 25.— Confined Six Months.
twelve o'clock in the day, I saw the prisoner take this piece of gingham, and put it under her arm—I followed, and took it from her—I gave her in charge—this is the article—(loocking at it)—it has our mark upon it.
Prisoner's Defence. I was in great distress, which made me take it—I had had no bed for four nights.
GUILTY . Aged 49.— Transported for Seven Years.
OLD COURT.—Saturday, October 21st, 1838.
Second Jury, before Mr. Sergeant Arabia.
GUILTY .— Confined Ten Days.
Before Mr. Baron Gurney.
NOT GUILTY .
Before Mr. Justice Williams.
SARAH TAR'RALL . I am the wife of Henry Tarrall, a labourer, and life in Rich-street, Limehouse, on the ground floor. The prisoner and his wife Mary Ann Grout lived together in the same house, two pair of stain above me—they came on Wednesday, the 5th of September—on Sunday morning, the 9th of September, about ten o'clock, Mary Grout came into my room—she was sitting discoursing with me when the prisoner came into the room, and asked her to fetch an ounce of tobacco—she said, "I shall not"—he said, "Send one of the children"—she said, "I am ashamed to send the children, they are so deplorable"—he shut the door, and as he shut it she said, "Go to h—, you vermin"—in going along the passage he said she was fit for nothing but sitting gossiping in a neighbour's house, and if he caught her that day he would give her a poke in the eye—the was as he was going up stairs to his own place—she remained a very few minutes in my room after that, and then she went up stairs—I remain in my own place—I saw her again in about twenty minutes at the farthest, running down stairs and crying out, "Oh, help, help!"—she came into my room—she had a cut under her left eye and a bruise over the eye—she complained that her ribs on her left side were broken, and held her hand to her left side—this was between ten and eleven o'clock—she was taken to the Whitechapel Hospital a very few minutes afterwards—I heard nothing during the twenty minutes she was away, but "Help, help" called—it was
her voice, I know—it came from the stairs—I did not see the prisoner till the policeman took him out of the house—I did not hear him say any thing—I saw the deceased once in the hospital—she died on the 30th of September—nobody lived with them but their children—the two oldest are ten and twelve years of age, but were not at home—nobody was there but a child of two years of age, and she was down stairs in the street—if any of them were there they were not strong enough to break the ribs ofs grown woman.
Q. Did you ever observe any thing remarkable in the prisoner's manner? A. Yes, about two years ago last July, when I had been nursing his wife who was lying ill—he had been down to Noting to see his sister—I observed a strangeness in his manner, and supposed he was in liquor, but it turned out he was not—he was talking strangely, as if not in his right and proper senses—I have known him since—he works as a sawyer it times—he is able to work constantly, but has not got it to do—I never hew him out of work because he could not follow it.
Primer. Q. Had she said anything to you about anybody taking liberties with her? A. Never, nothing of the kind—she was nine days with me previous to their coming to live in my house—I cannot say anything about her running away from him, but she came and asked shelter of me, and I gave it her—I know nothing of her going away with any other man.
JAMES HATS . I lived in the house on the same floor as the prisoner, in the next room. I was at home on Sunday morning the 9th of September—in the course of the morning, I heard very foul language used by the prisoner's wife—I was in bed and was awoke by the noise in their room—I cannot be certain of the time, but I think it—was between eight and nine o'clock—they were up at the time—I could hear them moving about—I heard her call him foul names—I heard nothing more until I heard her call for help—that might be a few minutes after—she was in her own room then—I heard people moving about the room apparently quickly—every thing was then quiet for four or five minutes, when I heard her say, "It is my own fault"—I heard the prisoner say, "Then why could not you hare avoided all this before?"—I did not see her again alive—I had seen her on the Saturday, she was quite well then.
WILLIAM BRINKMAN . I am a policeman. I was at the house in question on the Sunday, between ten and eleven o'clock—two boys came for me—I did not see the prisoner then—I saw his wife standing outside the front-door—he appeared to be very ill, and complained of her ribs, and she had a mark under her left eye—she was taken to Mr. Johnston, the surgeon, and "afterwards to the hospital—I took the prisoner into custody, while the deceased was at Mr. Johnston's—I found him up stairs, in his own room, with a little child about two years old, nobody else—I told him he must come with me, which he did—in going along I told him he had been knocking his wife down, and jumping on her—he said he had not jumped on her, but owned he had struck her with his fist—I saw her once or twice at the hospital—she grew worse, and afterwards I saw her dead.
GEORGE JOHNSON . I am assistant to a surgeon. On Sunday, the 9th of September, the deceased was brought to me, about half-past ten or eleven o'clock—she appeared very unwell—she was able to walk between two policemen—I examined her, and thought her ribs were broken, but could not be certain—she had a cut under her left eye, and had a bruise
over it—she was taken to the hospital, about half an hour after the police-man had taken the prisoner.
ROBERT HOULCROFT WILSON . I am a surgical pupil at the London Hopital. On the 9th of September the deceased was brought in during church-time—I did not see her till one o'clock—I examined her—she had got a contusion on the face, over the left eye, and an extensive injury at the side—she complained of great pain—I concluded her ribs were fractured; and at a post-mortem examination, I found two ribs were broken—I could see there was a severe injury to the side, from the pain she felt on being touched—she was regularly attended to by me—she recovered, and six days after she was admitted, I gave a certificate that I thought she was out of danger, but in seven or eight days she complained of pain over the part—I told Mr. Cooper, whose pupil I am, and he attended her—the got into a low way, and never rallied—she died on the 13th—I examined her after death—I think fever, consequent on the injury she received, caused her death—the fever, I think, was brought on by the blows she received on her head—I examined her head—there were marks of blood on the scull, corresponding with where she had been struck—the membranes of the brain were unusually full of blood, and there was an unnatural quantity of serum in the base of the brain, and the vessels themselves were unusually full of blood—I do not think the injury on the ribs contributed to cause death—the parts close to the fracture appeared healthy—the injury on the head was sufficient to cause death.
MRS. TARRALL re-examined. When the deceased was in my room, she was perfectly well, nothing ailed her.
Prisoner's Defence. I have no more to say than it was through aggravation and abuse that I struck her, she being away from me at different times.
(The prisoner received a good character.)
GUILTY. Aged 31.—Recommended to mercy. Confined Four Months.
Before Mr. Baron Gurney.
(The material witnesses being absent, the case was not proceeded with.)
NOT GUILTY .
Before Mr. Justice Williams.
MR. BODKIN conducted the Prosecution.
GEORGE BISHOP . I am butler to the Duke of Somerset, and was so to Sir Josiah John Guest—I left his service on the 2nd of August, but did not leave the house till the 8th—he lived at No. 13, Grosvenor-square—we were all discharged but the housemaid and coachman, as he was going abroad—the prisoner was there as footman—I am not certain whether he left on Saturday or Monday, as I went out of town on Saturday, and returned on Tuesday—he had then left—he had had his discharge on the 2nd, but I think he remained in the house a day or two afterwards—there was a silver ink-stand, which was put on Sir John's table on the 20th of July,
when it was brought home—I saw it last on the Wednesday following, the 25th, on the table where I had placed it—I did not see it after that, but it was not missed till Monday, the 30th—I made inquiry of the prisoner on the 50th about it—he told me he had not seen it since it was last brought home—I saw it again, on the 23rd of October, at Marylebone office—the lid was then broken off, and it was broken into pieces.
Cross-examined by MR. DOANE. Q. Do you mean to say you saw the inkstand on the 20th and 25th July? A. I saw a brown-paper parcel—it was given to me as an inkstand—the last time I saw the inkstand itself was at the time it went to the silversmith's, at the beginning of July—I have seen letters addressed to my master, and he generally signed his name Josiah John Guest—I have heard him called by both names—he is not here.
COURT. Q. What did you say about a brown-paper parcel? A. I received a brown-paper parcel on the 20th of July—the paper had not been taken off—I thought it felt like the inkstand—it was the same size, and felt very heavy—it corresponded with the inkstand—I had it in my hand—it appeared the same weight—Mr. Emanuel, of Be vis Marks, had it.
GEORGE THOMAS BROOKE . I am in the service of Emanuel, Brothers. I remember, eight or ten months ago, their selling an inkstand to Mr. Guest—I cannot say that I saw it there afterwards, but I believe it was there to have a crest on it—I saw it on a glass case on the warehouse, done up in a parcel, directed for Mr. Guest—that was about a month after the sale—I did not see it put into the parcel, but it was directed for Mr. Guest—he was not a baronet then—I know the inkstand well—I have seen a portion of it since, the bottom of it, in the pawnbroker's possession—I think it was on the 2nd of October.
Cross-examined. Q. When did you last see the inkstand? A. When it was sold—I know nothing of it since—I have—on ly seen it since done up in a parcel.
WILLIAM EDMOND RUMSEY . I am shopman to Mr. Hall, a pawnbroker, in High-street, Marylebone. On the 1st of October the prisoner came and offered me a piece of plate in pawn, weighing 42oz.—I asked what he wanted on it, he said "1l. "—I then said, "How much?" and he said "2l. "—I asked who it belonged to—he said it was not his, but belonged to the house-maid—I asked him what he called it—he said she used it as a work-box—I asked him if he had the top of it—he said he had, but he did not bring it as it was a glass top, and he was afraid he should break it—I asked if he knew how the house-maid became possessed of it—he said he did not know—I asked where he lived—he said at No. 13, Grosvenor-square—he said, "You know where I live, I pawned my watch with you some time back—I live at the same place"—T said I thought it very suspicious, and sent for an officer, and gave him into custody—while I was gone up to get my hat to go with the officer he made his escape—I went next day, with an officer, and apprehended him at the Barley Mow, to Duke-street, Grosvenor-square—I knew him before—in its present state this is worth 17l. 10s. as old silver.
Cross-examined. Q. What should you call it? A. Part of an inkstand or dressing-case—it looks most like an inkstand—he gave me his address in Grosvenor-square—I found there were no men-servants living to the house at that time—the family had gone abroad.
MR. BODKIN. Q. Does it require more than the bottles to make this an
inkstand? A. The partition, which is here, and the top—I have compared them, and they correspond—it forms an inkstand altogether.
THOMAS FRANKLIN . I am a policeman. I was applied to on the 2nd of October, by Rumsey, to go in search of the prisoner—I went to the Barley Mow public-house—he was given into my custody in the street—I told him I was an officer, and took him on suspicion of stealing an inkstand—I asked where he lived—he said, "At the Barley Mow public-house"—he showed me a room, and said, "Here is my box"—I unlocked it, searched it, but found nothing—he immediately said "You have stolen my watch"—I said, "I have not seen any watch"—a brown. paper parcel was close by—I said, "Who does that belong to?"—he said "It don't belong to me"—I said, "Who does it belong to?"—he said, "Not to me"—I opened it, and found a quantity of silver broken up, which I have produced—it forms the rest of the inkstand—I found a sovereign, a half-sovereign, a half-crown, a shilling, and four-pence on him.
RICHARD PEARCE . I keep the Barley Mow, in Duke-street. The prisoner lodged at my house at the latter end of September—he came to me directly he left Sir John Guest, at the beginning of August, but left for a week, to go into the country—he returned a week "before the officer came to my house—it was his room the officer went into—nobody but him occupied it.
Cross-examined. Q. How long have you known him? A. For about two months before he came to lodge with me.
GEORGE BISHOP re-examined. I cannot swear to the property—my belief is it belongs to Sir John Guest—it corresponds, in all respects, with the one he had, and there is one missing—I took it to be engraved, and it appears as if something had been rubbed out, but I never saw it after it was engraved—Sir John had only one inkstand of that kind.
Cross-examined. Q. When you saw it, was it an inkstand at all? A. Yes, it was, when I first saw it—I believe it was a box when Sir John first used it.
Cross-examined. Q. Was it sold as a box? A. No; Sir John ordered it to be altered into an inkstand—he would not purchase it as a box—it was an inkstand, when sent from our house.
GUILTY . Aged 23.— Transported for Ten Years.
Before Mr. Baron Gurney.
2419. SOPHIA TERRETT was indicted for stealing, on the 8th of October, 1 brooch, value 16s.; 1 ring, value 16s.; 1 handkerchief, value 3s.; 1 thimble, value 1s.; 1 gown-body, value 1s.; 1 pair of stockings, value 1s.; and 8 sovereigns; the goods and monies of Mary Ann Carrington.
MARY ANN CARRINGTON . I am a widow, and lodge in Owens-row, Clerkenwell, in the house of Mrs. Swarbrach—the prisoner was servant in the house, and attended to my room. On Monday, the 8th of October, I missed some sovereigns out of a drawer in my bed-room—I informed Mrs. Swarbrach of it, and she and I went up to the prisoner's room—we examined her box, and found a silver thimble, and a cambric body belonging to me, and in her had a pair of stockings—I went down stairs to the kitchen with
Mrs. Swarbrach, and found another pair of stockings of mine, on the prisoner's person—next day I made a further search in my room, and missed a brooch, a ring, and a silk handkerchief—the prisoner was sent away at night by her mistress—I went with the policeman to her father's house on the Friday, but I found nothing of mine there.
ISABELLA SWARBRACH . The prisoner was in my service. Mrs. Carrington informed me of her loss on the Monday—she has given a correct account of finding the things—I saw the stockings found on the prisoner.
(Property produced and sworn to.)
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined Four Months.
Before Mr. Justice Williams.
WILLIAM HOLLAND . I am in the service of Mr. Sumner, of Arlington-street, Clerkenwell. Last Tuesday week, I was leaning over our shop front, about half-past seven o'clock, and saw the prisoner jump up, and take a cap off Mr. Du Perey's shop door—he was hardly high enough to reach it, and jumped up and took it—he ran up the passage alongside of our house with it—I ran after him, calling "Stop thief," and tried to stop him—he was not out of my sight at all—there was a little corner, but I could see him—some gentleman stopped him—I came up immediately and be dropped the cap at his feet—I saw him drop it from his hand—I picked it up, and took it into Mr. Du Perey's shop—we put the prisoner into the shop, and I went and got a policeman.
Prisoner. I was out of his sight—I picked up the cap—I never took it at all—another boy took it, and I called "Stop thief," and ran after him—I took it up when he threw it down, and gave it to the witness—there were about two dozen running. Witness. He was not out of my sight, to my recollectio n—I could see him all the while till the gentleman stopped him—I am sure I saw him take the cap—he did not call "Stop thief,"—nobody ran after him but me—there were not two dozen running—there were some at the top of the court when we got there.
JAMES DUPEREY . I am a cap-maker, and live at No. 32, Arlington-street, nearly opposite where Holland is employed. I was not at home when this happened—I came home about half an hour afterwards—the cap had then been taken to the station-house—I found it there—it was my property—I had seen it about three or four o'clock in the afternoon hanging inside the door.
(Property produced and sworn to.)
GUILTY . Aged 17.— Whipped and Discharged.
Before Mr. Baron Gurney.
2421. GEORGE CHARLES PILLETT was indicted for stealing, on the 29th of September, 1 portmanteau, value 10s.; 2 printed books value 1s. 6d.; 1 shirt, value 1s. 6d.; 3 pairs of drawers, value 3s.; 3 handkerchiefs, value 2s.; 4 aprons, value 2s.; and 7 pairs of stockings, value 10s., the goods of Francis Ford, his master.
FRANCIS FORD . I am a grocer, and live in Royal Hospital-row Chelsea. The prisoner has been in my house for some time, and assisted me in business for a few days—we were previously acquainted—I gave him his board and money for his services—I lodged at No. 7, South-place, Pimlico, while my house was undergoing some repair. On the 29th of September, about nine o'clock in the morning, a portmanteau of mine was in the front parlour of that house, and in the evening it was missing—the prisoner had left my house the evening before, promising to come next morning at ten o'clock, but he did not come.
LOUISA LUCAS . I keep the house in South-place, Pimlico—I know the prisoner as having been with the prosecutor. On the 29th of September, he came to me between nine and ten o'clock in the morning, and said he was to take something down to Frank, meaning Mr. Ford—I went with him into the front parlour—there was a box with a portmanteau on it—he said, "I will take the portmanteau"—he put it across his shoulder, I opened the door for him—he went out and crossed the road, instead of turning to the left, which was not the way to Mr. Ford's—I said "What are you going that road for?"—he made some reply, I cannot say what, but kept on, and went away with it—I afterwards called on Mr. Ford, and told him of it.
Prisoner. Q. Did you consider me as Mr. Ford's servant? A. He was in his employ, and I could not refuse him.
FRANCIS FORD (re-examined.) The prisoner did not come to me as he promised; and in the evening, between six and seven o'clock, I received this letter, which I know to be the prisoner's handwriting, with some pawnbrokers' tickets, and a small parcel of old pamphlets—(read)—"Dear Frank,—You will be much surprised at my conduct this morning—I was destitute, and had I not found 1l. should have been in Newgate—enclosed are the tickets of all I had—I shall leave London this night, and I trust to your forgiveness. Yours, truly, G. P."
Prisoner. Q. Did you engage me as servant? A. Not exactly as servant—I made no engagement as to wages—you were out of employ—I have not taken account of one-third of what I gave you.
WALTER GEORGE NEWSTEAD . I am shopman to Mr. Brown, a pawn-broker, in Ryder's-court, Leicester-square. I have two books, a shirt, three pairs of drawers, three handkerchiefs, four aprons, and seven pairs of hose, pawned with me on Saturday, the 29th of September, by a man not the prisoner—the duplicates produced correspond with mine—I lent 12s. 6d. on them.
CHARLES HILLIER . I am shopman to Mr. Rochford, of Brewer-street, Golden-square. On the 29th of September a portmanteau was pawned in the name of George Pillett—this is my duplicate—I do not know prisoner.
said, "Frank, I hope you will look over it"—Mr. Ford was with me.
Prisoner's Defence. When I took the things I had no intention of stealing them—I took them to raise a few shillings, intending to pay him again.
GUILTY . Aged 27— Confined Six Months.
Before Mr. Justice Williams.
CAROLINE FINCH . I live with my father, who is a hard-wood and ivory turner in City-gardens, City-road. On Friday morning, the 12th of October, about half-past ten o'clock, I was going for some potatoes, and at the corner of the Champion public-house I saw the prisoner take a pot out of a barrow, put it into his apron, and go round the square with it—I did not know him before, but it was the prisoner—I went in and told them.
THOMAS WILLIAM FYNN . I am servant at the Champion public-house-Finch gave me information—I ran out and overtook the prisoner in King-square, with the pot under his arm, wrapped in an apron—I brought him back, and gave him to a policeman—it was never out of my sight after I took it from him—I know it to be my master's, John Augustus Elliott Archer.
Primer. I took it on purpose to be taken up—I had no home to go to, and have no father and mother.
GUILTY *. Aged 14.— Confined One Year.
Before Mr. Baron Gurney.
THOMAS MARTIN . I am a dealer in birds, and live in Somers-town. On the 10th of October, between six and seven o'clock in the evening, I saw the prisoner near my shop—I watched him, and saw him come into the shop, and take two pigeons out of their places, put them under his coat, and walk out—I followed, and took him with them in his possession.
GUILTY . Aged 13.— Whipped and Discharged.
Before Mr. Justice Williams.
2424. ANN WEARE was indicted for stealing, on the 1st of July, 3 frocks, value 1l. 16s.; 1 gown, value 3s.; 2 petticoats, value 4s.; 1 flannel petticoat, value 1s. 6d.; 2 shirts, value 2s.; 4 caps, value 11s.; 4 sheets, value 1l.; 1 basket, value 4s.; 1 collar, value 4s.; 1 necklace, value 2s.; 6 pairs of stockings, value 6s.; 1 shawl, value 2s.; and 2 rings, value 18s.; the goods of Thomas Dowley, her master; 1 boa, value 15s.; 1 veil, value 12s.; the goods of Catherine Davies; 1 cape, value 1s. 6d.; and 1 handkerchief, value 1s.; the goods of Eliza Challinor.
left on the 13th of July—after she left I missed the articles stated—I did not miss them all at once, but at different times—the first things I missed were the veil and boa, that was about the 23rd of August—I have seen them since, also a frock, cut into an apron and a cape, belonging to my cousin, Eliza Challinor, who lived in my house—I saw them found in the prisoner's box, at Mr. Jones's, a surgeon in Norfolk-street, Middlesex Hospital, by the officer, on the 6th of October.
Cross-examined by MR. PHILLIPS. Q. Did you miss any thing while the prisoner was in your service? A. Yes, a cap and two rings, and I frequently missed the children's shoes, hats, and caps—I do not recollect missing any thing else while she was in my service—our house is a winevaults—it is not open all night, we close between twelve and one o'clock, and occasionally later—we are never open so late as three o'clock—we open at four o'clock in the morning for the day—I missed three child's dresses after the prisoner left—I have not said I missed them while she was in my service—she had the charge of them—I am certain I did not say before the Magistrate that I missed three child's robes while she was in my service—(looking at her deposition)—this is my handwriting—what I stated was taken down and read over to me—I was asked if it was correct, and signed it.—(The witness deposition being read, contained the following sentence: "While she was in my service I missed three child's nobes, and other articles. ")
JAMES PORTER (police-constable E 85.) On Friday, the 5th of October, I received information from Mrs. Dowley, who gave me a list of articles stolen, and I apprehended the prisoner, at No. 32, Norfolk-street, Middlesex Hospital, where she was as servant—I searched a box, of which she gave me the key—it was in her bed-room—she pointed to it and said, "That is my box, you are welcome to search it"—I found a grey squirrel boa in it, which answered the description mentioned in my list—I then locked the box, and took her to the station-house—I locked the room-door, and took the key with me—I took Mr. and Mrs. Dowley back with me to the house to search the box, and there found the articles I now produce.
Cross-examined. Q. Did she not claim the things as her own? A. She told me her sister had given her the boa.
MARY DOWLEY re-examined. I know this veil, it is the property of my sister, Catherine Davis. I know it by being in wear for the last two years—I have frequently worn it myself—I am positive it is the same—this cape belongs to my-cousin, Eliza Challinor—it was made in the house a short time before it was missed, and was never washed but once—we have others, which we have compared with it—I have not the least doubt of it—I have not the least doubt in saying this is the boa that was missed of my sister's—it is worth about 15s.—this is one of the robes that were missing—I can positively swear to the work at the bottom—it is now made into an apron—the brooch she states she picked up in the nursery, and she might have done so—I cannot swear to it myself—it was found in her box.
Cross-examined. Q. Do you speak to these things from marks. The robe I can swear to by marks—there are no particular marks on the other property—but I have no hesitation in swearing to the whole of the property—the boa is half worn out where the hand is used, and about the neck—furs resemble each other, but I am positive this is my sister's—I do
not express the least doubt about it—I had two servants in my employ at this time—one left while the prisoner was with me, the other remained.
MR. PHILLIPS called
LUCY FOX . I am the wife of a policeman. I am not in any service at present—I was in the service of the Marquis of Sligo the whole of last winter and spring—the prisoner is my sister—I know this boa—I have no mark on it—I do not know it from any more than answering the description of one I gave my sister last June or July—I also know this veil, and without looking at it—there is a mark—it is my property—the last time I wore it I drew a satin string through it—I lent it to my sister about two months ago, I think—I did not make her a present of it—the satin string is in it now—that is positively the string I put in it—it was not a proper string to put in, but it would do for the time.
COURT. Q. How long have you had the veil? A. About thirteen months—I think I gave 15s. 6d. for it in Dublin—I have been married three years—I bought the boa about two years ago, at a linen-draper's in Chiswell-street, for 1l. 7s. 6d.—I did not want it, and told my sister if she got it cleaned for the winter it would do nicely—this child's frock, made into an apron, is also my property—I hemmed up the sides, and gave it to my sister myself to put on the band—this is my needle-work—I do not know any of the other articles—I have given her stockings and a pocket handkerchief—I will not say any thing about the stockings.
GUILTY . Aged 19.— Confined-Six Months.
(There was another indictment against the prisoner.)
Third Jury, before Mr. Recorder.
NOT GUILTY .
MARTHA HAMLEN . The prisoner is my son-in-law, and lives at home with us—I have seven children, and my husband has two by a former wife—I hive been married nine years—we have sent the prisoner to school, but I do not believe he knows his alphabet—I have got him into three schools myself, but he will not stop—he plays truant three weeks or a month at a time—on the 13th of October he went out of the shop, and I followed him into the parlour—he had his sister's pinafore in his hand—I took it from him, and shook it, and out fell two duplicates—an officer lodges with us—my husband went up to him and asked what he had better do, as he would be ruined if he was not stopped, and we gave him in charge—he is thirteen years old—there is not a cleverer boy than him any where—his inclination was always for, the sea, and we want to get him into the Marine Society—I did not know his mother.
JOHN WELLS (police-constable N 94.) I lodge in the same house as the prisoner. On the 16th of October I took him into custody, and received the duplicates from his mother—he is a very bad boy—I have taken him into my room, and talked to him, and told him the consequence of these things, and what he would be done to—his father has beat him and shut him up, and has used good means to him—he says he would do well if he went to sea—I never could find any money on him—he goes and buys sweetmeats, and pastry, and oysters.
NOT GUILTY .
ELIZABETH ANN CROWDER . I am the wife of Nicholas Crowder—we keep a clothes'-shop on Great Saffron-hill. On the afternoon of the 12th of October we had five pairs of boots hanging at the door-post outside, on a nail—I was in my back parlour, heard an alarm, and ran out—Mrs. Spaul gave me information—my little girl followed the prisoner, who was brought back with five pairs of boots—I never saw her in possession of them.
GEORGE KNOTT , (police-constable G 99.) I was going through Hatton-yard, and heard an alarm of stop-thief—I saw the prisoner run by me with the boots hanging under her shawl—I followed her—she threw them down, and I caught her—the prosecutrix's little girl took them up, and gave them to me—I took her to the shop, and then to the station-house.
ELIZA CROWDER . I am the daughter of Nicholas Crowder. On Friday afternoon, I was in the parlour—I ran after the prisoner down Hatton-yard—I saw her drop the boots—I picked them up, and gave them to the policeman.
Prisoner. A young lad gave them to me—I did not take them myself—I did not have them in my apron.
ELIZABETH SPAUL . I live opposite Mrs. Crowder. As I stood at my first-floor window, I saw two females and a young man—I saw the young man jump upon the step, reach down the boots, and drop them into the prisoner's apron—she put them into her apron, and ran off directly with them.
GUILTY . Aged 16.— Transported for Seven Years.
ROBERT WHITE . I live in Nightingale-street, Portman-market. On Thursday, the 18th of October, about nine o'clock in the morning, I left my donkey and cart in Broad-street, St. Giles's, and went into a potato-shop—I came out in five minutes, and missed them—I met the prisoner
about half-past two o'clock in the afternoon, in the Uxbridge-road—I stopped him, and took my donkey away from him—I asked how he came by it—he said he gave 1s. for it—I asked him where the cart was—he said he did not know anything about the cart nor the harness—I took him up Oxford-street—he said, if I did not give him in charge, he would show me where the cart was—I made him no answer—he took me to Lowndes'-square, Chelsea, and showed me where it was, and I gave him in charge—the harness was with it.
WILLIAM CORNISH , (police-constable B 85.) I took the prisoner in charge—he said he bought the donkey for 1s. of a big boy, and left the big boy in care of the cart while he went to sell the donkey, but he had not got far enough with it before the prosecutor took him.
Prisoner's Defence. I did not steal it at all—there was nobody with me—I have no father or mother—the donkey had been standing there—I laid hold of the reins, and pulled it along—I only meant to have a ride—I did not know where the cart was.
GUILTY .* Aged 10.— Transported for Ten Years to the Juvenile Prison. The prisoner was recognised as having been at least twenty times in custody.
NEW COURT.—Saturday, October 21st, 1838.
Fifth Jury, before Mr. Common Sergeant.
Prisoner. I was not the person he gave the coat to. Witness. There were two others, but I gave the coat to the prisoner.
Prisoner. I own I pawned it, but he did not give it to me—I was called to fetch some gin, and a woman of the town, whom he was with, asked me to pawn it. Witness. Yes, I got the gin.
Prisoner. I brought the money back to Mrs. Bourn—she lodges in another room in the same house—she said at Bow-street, that I took the money back. Witness. No woman said so in my presence.
NOT GUILTY .
2430. MARY DWYER was indicted for embezzlement JOHN BARRETT. I live in Sherrard-street, Golden-square, and am a milkman. The prisoner was in my service as carrier—it was her duty to receive money for me, to give account of it, and pay the money—she has not paid me 4s. 10d., 12s. 3 1/2 d., and 6d., if she has received it.
Cross-examined by MR. PAYNE. Q. How long had she been in your employ? A. Eighteen months—she had on a previous occasion kept 7s. 6d., and I forgave her—I did not deduct 1s. from her weekly wages for it—she paid it me at once—7s. a week is the general pay for carriers, but I gave her 9s.—she had milk enough to take home to produce her 2s. or 3s. a week.
(The prisoner received a good character.)
GUILTY. Aged 25.—Recommended to mercy. — Confined One Month.
JOHN REILLY . I live in Old-street, and am a cheesemonger. At half-past seven o'clock, on the 23rd of October, I received information, and a piece of bacon which had been hanging right over the sill of the door, was gone—I ran out and overtook the prisoner with it on his shoulder.
GUILTY . Aged 22.— Confined Three Months.
JOHN MARSH . I live in Denmark-street, St. George's in the East, and am a carpenter. On the 22nd of October while I went to breakfast, I lost two saws from a house at Darling-place, Hackney, where I was at work,—these are my saws—(looking at them.)
GUILTY . † Aged 17.— Transported for Seven Years.
WILLIAM APPLETON . I reside in Long Acre, and am a lace maker. On Wednesday evening, the 24th of October, I was walking down St. Martin's-lane—the policeman called me—I turned round, and my handkerchief was gone—I had seen it five minutes before—this is it—(looking at one.)
JAMES WESTMORLAND (police-constable F 141.) I saw Dowley walking behind the prosecutor with his skirt in his left-hand, and his other hand was in the pocket—I went to lay hold of him—Robinson said, "Hook it "—I seized Dowley—he pulled out his hand, and threw the handkerchief behind him—Robinson ran away—he was half a yard behind Dowley—I did not see him again till the next morning.
Robinson. I was not with him at all—I was in a public-house all the evening. Witness. I am certain he is the person.
DOWLEY— GUILTY . Aged 17.— Confined Three Months.
ROBINSON*— GUILTY . Aged 20.— Transported for Ten Years.
THOMAS WALLIS . I live in High-street, Whitechapel, and am a woollen-draper—the firm is Harriet Wallis and others. I lost a bundle of umbrellas about eight o'clock in the evening of the 22nd of October—I over-took the prisoner in a court with them—he said a boy gave them to him—I did not see any boy about.
Prisoner. I went up Angel-alley, and these laid there—I took them up—the gentleman came up, and said they were his—I said, "I do not know."
GUILTY. Aged 55.—Recommended to mercy by the Prosecutor.
Confined Three Months.
CHARLES FREDERICK GRAY . I live in Little Bartholomew-close, and am a green-grocer. About twelve o'clock on Tuesday, the 23rd of October, I was in Covent-garden market—I bought twelve cabbages and twelve bunches of turnips—I told the prisoner, who is a ticket-porter, to take them to my place in Bartholomew-close—I had other business to attend to, and did not return home till the evening, when my wife said she had not received them—I was surprised—the prisoner knew my place three years, and had been there—I took him on Thursday informing—he said he had delivered them, he could take his oath, and that my mistress had taken them in, and paid for them—Mr. Long says he did deliver them to him—he is not here.
NOT GUILTY .
JOHN JACOBS . About five or six o'clock, on the 25th of October, I was opposite my shop in Monmouth-street—the prisoner and two others passed my door—the prisoner made a pull at the waistcoats, and took them—I crossed and followed him—he saw me, and ran away—I cried "Stop thief," and caught him—a girl, crossing the road, called "Stop thief," and the others dropped the waistcoats, in her presence—she is not here—I am sure the prisoner took them—he said, when I took him, that he did not take them, and had nothing to do with it.
Prisoner. I was coming down, and saw the gentleman in the shop, seeing a lad with a pair of trowsers—I was going on, and heard a cry of "Stop thief"—I had nothing to do with. the waistcoats—a gentleman came and said I had nothing to do with them—the lads that took them were gone on—the witness said at Bow-street, he could not be positive that I took them. Witness. I may have said it, but I am since positive he did—he was nearest the wall—my father was serving in one of our shops.
NOT GUILTY .
2437. WILLIAM HENRY WRIGHT was indicted for stealing, on. the 23rd of October, I basket, value 1s. 6d.; 10lbs. weight of bread, value 3s.; and I 1 1/2 lb. weight of butter, value 6d.; the goods of James Symonds Cook, his master.
JAMES SYMONDS COOK . I am a baker, and live in Charles-street St. James's. The prisoner was in our service three months—he had 20s. a week, also four loaves, and flour—my brother-in-law told me something—I directed my boy should be brought, to me, with the basket, and he was—the prisoner was in the bakehouse—I sent for him, to the parlour—he had the custody of my rolls and basket—I asked him what he knew of the contents of it—he did not answer—I had an officer, and said, "You must go with this man"—he went, to put on his clothes, came into the room again, and said, "I hope you will forgive me, I will pay you the sovereign I owe you, and make every thing right in a short time"—forty-eight rolls were in this basket—it was my basket—I do not know whether the boy is here—I pleaded for him before the Grand Jury, as we thought he was innocent of the robbery—I do not know the rolls—my foreman who does is not here.
Cross-examined by MR. PATNE. Q. Had you lent the prisoner a sovereign? A. Yes—I thought he was in distress, but he was not—I took the boy before the Magistrate, and the Grand Jury threw out the bill—I have not been to the prisoner's former master to desire him not to come here—I do not know that he has been under medical treatment for two yean.
CHARLES SAMUEL SASSE . I saw the boy with the basket and the rolls—he was taken back—I was told to fetch a policeman, which I did—the prisoner was told he must go with him—he put on his clothes, and said he hoped he should be forgiven.
JOHN MITCHELL . I was formerly in the service of the prosecutor. On the 30th of October, I was in Cockspur-street—I saw the prisoner give a boy a basket, about nine o'clock in the morning—this is the basket—(looking at it)—I am sure of it—there were rolls in it, and a flannel over them—I stopped the boy and looked at them, as I had my suspicions—I had information, but wished to satisfy myself before I told Mr. Cook—I never quarrelled with the prisoner.
Cross-examined. Q. Upon your oath have you not had a quarrel with him, and a very serious one? A. Yes, I have quarrelled with him—it was a few words in the shop—I was not discharged in consequence of it.
NOT GUILTY .
CHARLES LEWIS . I live in Chapel-street, and am a butcher. In consequence of information, I ran after the prisoner and overtook him in Phoenix-street, with this waistcoat on him—another boy was with him—the prisoner was putting his own waistcoat on over this.
GUILTY. Aged 30.—Recommended to mercy. — Confined Eight Days and Whipped.
JOHN HAWKINS . I live in Kingsland-road and am a shoemaker. At half-past nine o'clock on the morning of the 9th of October, I saw the prisoner and another lad outside my window—I saw the prisoner unhook the shoes off the door-post, and run off—he gave them to another boy—I ran out and secured them both—the other one bit my hand, or I should have secured them both—these are the shoes.
Prisoner. I did not take them, the other did.
GUILTY . Aged 16.— Confined Six Months.
JAMES ROWE . I was at the Crown and Anchor, on Wednesday night, the 24th of October. I changed two sovereigns there, and had 19s. 6d. which I put into my right-hand trowsers pocket—I got intoxicated in the morning, and my money was missing—I do not know who took it.
FRANCIS LEE . I am a sailor and belong to the Frolic brig. I was at the Crown and Anchor drinking with the prosecutor—I saw him change his sovereigns—he put 19s. 6d. into his right-hand trowsers pocket, and the remainder of the other sovereign into his left-hand pocket—the prisoner was there—she did not sit by him—we left that house and went to another—the prisoner followed us there—we called for some drink—I saw the prisoner put her hand into his pocket and take something out—I saw the pocket turned inside out.
JOHN JONES (police-sergeant S 19.) I was on duty that night in Munster-street, Regent's-park. I saw the prosecutor and Lee both drunk—but Lee was not so drunk as the prosecutor—the landlord turned them out of the house—I saw the prosecutor's pocket was turned out—the prisoner was then at a short distance with another person—I took her to the station house, and asked her what money she had got—she said 2s. 4d., which she took in Regent-street, for making a pair of stays—I said, "Get up and give in your name to the Inspector"—she got up, and one shilling dropped from her—she said she did not know where that came from.
FRANCES WILSON . I searched the prisoner at the station-house—I found 16s. 7d. on her—she was a little the worse for liquor—she said she had been taking some work home to Regent-street—that she made stays, and bad saved the money to pay her rent.
Prisoner's Defence. The prosecutor and Lee came in, with two females—I did not see them change any thing—I went out to assist the young women, to get them home—they took me to another house, but I did not have any thing to drink—I came out—they came, and wanted me again to have something to drink, and the prosecutor wanted me to pass as his wife—he gave me the money to pay for a lodging—Lee turned the prosecutor's pocket out.
GUILTY .— Confined Six Months.
2441. THOMAS IVEY was indicted for stealing, on the 12th of October, 1 bag, value 2d.; 1 sovereign, 4 half-crowns, 1 shilling, and 5 halfpence; the goods and monies of Charles Miller, from his person; and that he had been before convicted of felony.
CHARLES MILLER . I am a private in the Royal Veterans. I was in Royal Hospital-row, Chelsea, on the 12th of October, looking for a lodging—the prisoner came up, and said, if I wanted an honest lodging, he would get me one—I went with him to the Cheshire Cheese—we went on to the College-walk, and a man came up with some apples—I wanted to buy some, and pulled out my purse—the prisoner snatched it from ray hand, and ran off—it contained a sovereign, four half-crowns, a shilling, and some halfpence.
JAMES BRADLEY (police-constable B 134.) I saw the prisoner and prosecutor speaking together, and watched them—they had not got fifty yards from me when I heard a cry—I went after the prisoner—I did not take him then, but I did a little before twelve o'clock the same night.
GUILTY .* Aged 18.— Transported for Ten Years.
ROBERT MARRIOTT CALDECOTT . I was staying at the Golden Cross, Charing-cross. I was in the Strand on the 25th of October—I received information, and missed my handkerchief, which I had seen safe half an hour before—I asked the prisoner for my handkerchief—he pulled out his own—I said that was not it—the boy that gave me information said he saw the prisoner give the handkerchief to another person, and it was a white one, which mine was.
WILLIAM ALEXANDER SWAN . I was near Hungerford-street, in the Strand, on the 25th of October—I saw the prisoner and another boy—the prisoner took a handkerchief from the prosecutor's pocket, and gave it to the other boy, and they walked away—I told of it.
JOHN EVANS (police-constable F 96.) About twenty minutes past five o'clock, on the 25th of October, I was called to take the prisoner—he kicked me several times, and resisted greatly—the handkerchief has not been found.
GUILTY .* Aged 19.— Transported for Ten Years.
Prisoner's Defence. A young man took the coat, and gave it to me.
The prisoner received a good character.
GUILTY .— Confined Six Months.
EDWARD BURCHELL . I live in Exeter-street, Lisson-grove, and am a carrier. I left the prisoner in bed, in my house, on the 11th of September, and my coat and trowsers hanging on the side of the bed—I lost them—he had lodged with me for a week, but he never came any more after that day—I saw him on Thursday last, near Union Hall, and took him—I said, "Where are my things?"—he said, "They are all right, I was coming this evening to you to make it all right, don't lock me up"—I have not seen them.
WILLIAM BROADHURST . I live in Exeter-street, opposite the prosecutor's. I know the prisoner, he generally wore a jacket—on the morning of the 11th of September, I saw him go out of the prosecutor's house, with a small bundle under his arm, and the prosecutor's coat on his back—I knew the coat well.
GUILTY . Aged 26.— Confined Six Months.
WILLIAM ROTHERY . Yesterday afternoon I was walking in the Strand, told felt a tug at my pocket, near St. Clement's Church—I turned, and caught the prisoner with my handkerchief in his hand—he threw it down, and I took it up—this is it—(examining one.)
Prisoner. I saw two boys throw it away—I ran to take it up, and give it to the gentleman. Witness. There were two lads with Mm, who ran away—I saw the prisoner throw it from his hand on the ground.
GUILTY . Aged 13.— Confined Three Months.
GUILTY . Aged 19.— Confined Six Months.
SUSAN PORTER . I am the wife of John Porter, and live in Pentongrove. On the 6th of October the prisoner came and asked me to buy three duplicates—I paid him half-a-crown and sixpence for them—they are for a shawl, a gown-piece, a pair of trowsers, and a waistcoat—he said they were his own, and I would not have bought them if I had not believed they were his.
Prisoner. I sold her five for 4s., three of them belonged to me, and two to my mother.
Prisoner. The ticket of the trowsers and waistcoat are my brother's, and he asked me to sell it.
GUILTY. Aged 21.—Recommended to mercy by the Prosecutrix.
Confined Three Months.
At half-past eight o'clock in the morning, on the 23rd of October, I was on Tower-hill, looking at the soldiers—I felt a tug at my handkerchief which was in my pocket—I turned, and saw the prisoner—I seized him and should have let him go, but a dozen voices cried out, "Hold him, sir hold him, he is a very great scoundrel, I saw him just now at another person's pocket."
GUILTY . Aged 14.— Confined Six Months.
Sixth Jury, before Mr. Sergeant Arabin.
GUILTY .— Confined Ten Days.
THOMAS GRANT . I live at Kensington gravel-pits. I am an omnibusproprietor and driver—the prisoner used to mind my horses for a few minutes, sometimes—I had a coachman, named William Rose, who was generally called Capt. Ross—he ran against another omnibus, and broke it, and was locked up at Lambeth-street—while he was there, the prisoner came to me and said Capt. Ross wanted 6s. 6d. to get him out of trouble—I gave it to him—I owed Ross that money, and I thought he might want it—I gave it the prisoner, because he said Capt. Ross had sent him.
Prisoner. I acknowledge getting the 6s. 6d.—I told you it was to pay the bail-bond, to get Ross out of trouble. Witness. After I gave him the money, he said something about the bail-bond, but I gave it him, thinking he came from Capt. Ross, and to get him out of trouble.
Prisoner's Defence. This man was summoned to Lambeth-street, and fined 5l.—he told me to go and get the 6s. 6d. of Mr. Grant for the bailbond—I got the money, and took the bail, but it was too late that night, and they would not take it the next morning.
GUILTY .— Confined Three Months.
JOHN BINNS . I know the shop of Mr. John Butts, it is a lean-to, at the corner of a turning in the parish of St. Mary Abbotts, Kensington, it is a fruiterer's. At ten o'clock at night, on the 16th of October, I was passing, and saw the prisoner partly in the shop—I took hold of him and asked him what he wanted there—he said he was sent by one of Mr. Butts's boys, for something out of the shop—I found the shop-door open—this key was in the door—I took him to Mr. Butts.
JOHN BUTTS . I left my shop locked, at about a quarter to ten o'clock that night, and took the key with me. I knew the prisoner in the neighbourhood for some time—this key, that was found in the door, is a sort of skeleton key, it will open any common lock.
Prisoner. I am very sorry for what I have done.
GUILTY .* Aged 13.— Confined Eighteen Months.
The prisoner has been eleven times in gaol for felony.
MESSRS. CLARKSON and BALLANTINE conducted the Prosecution, JOHN EDENSHAW. I superintend the ware-room of Mr. John Foster, in Wigmore-street—he keeps an artificial-flower manufactory. On the 2nd or 3rd of September the prisoner Chappell called at our warehouse—he asked me if we sold flowers—I said, "Yes"—he said he had a shop at Uxbridge and wished to introduce flowers into the business—he then produced a card, with the name of "John Timmings, silk-mercer and linen-draper, London-street, Uxbridge"—I am sure he said he had a shop at Uxbridge—I told him what Mr. Foster's terms were—he said, previous to giving me any orders, he would give me a reference, and that reference he wrote on. the card—"To Robertson, of Lawrence Pountney-lane"—I believe Chappell did not call himself a hatter—the card is lost, I believe—it was similar to this—(looking at one)—I showed him some flowers—he did not purchase any, but said, as he was not acquainted with flowers, he would rely on me to select an assortment for him, such as would be most saleable—an inquiry was made at the reference, and in consequence of that inquiry I looked out flowers to the amount of 40l.—this is the invoice—(looking at it)—it is dated the 4th of September—I saw Chappell again on the 4th of September—he asked if the reference was satisfactory—he was told yes—he said, "You will let me have the goods by (some time which he mentioned), and send them to the Green Man and Still in Oxford-street, where I shall be"—I recommended some feathers to him at the same time—the goods were sent by Samuel Johnson—I received this written order for some more goods (looking at it) on the 24th of September—it was handed to me by Malham, and I looked out the goods.
(Order read.)— "London Street, Uxbridge,-24th September, 1838.
"To Mr. Foster,
"Sir,—Please to forward by bearer, as under, and you will oblige, yours respectfully, "J. TIMMINGS."
(A list of goods then follows.)
"As my young man will bring these down, you will not have occasion to pack them so particularly as you did the first."
Wiitness. I had just done up the goods on this occasion, when the prisoner Thompson called—I had addressed the box in the name of Timmings, and Thompson said it was wrong, it was Timmings—he took the goods away with him—Thompson called again after that, saying that a bottle of eau de Cologne had broken in the box, and damaged some of the goods, and could we repair them—I said, if it was possible to be done, we would, but he never appeared again.
Cross-examined by MR. KEENE. Q. How many times did you see Thompson altogether? A. Twice, on the day the order was brought, and afterwards, when he came to say the bottle was broken—I made no entry as to his calling the second time—I think it could not be a fortnight after he first called—I recollect the first time was on the 24th of September, from entering the goods—I packed the goods—Thompson did not help me at all—I never made a mistake with regard to either of the prisoners.
Chappell. He has stated that I represented myself as John Timmings, what was the conversation in the ware-room? Witness. He asked whether we dealt in flowers, and said he wished to have some, and stated he kept a shop at Uxbridge—he did not tell me he was the representative
of Mr. Timmings—I did not say at the office, "That man is not Timmings."
MR. BALLANTINE. Q. Whom did you understand by this letter to be the young man? A. Thompson—he said he came for the box containing these goods, and he took them away—we have never got sight of these goods again—the second package was worth 15l., and the first, 40l. odd.
EDWARD WILLIAMS . I am in the employ of Mr. Foster. I went by direction of Edenshaw to find Mr. Robertson of Lawrence Pountney-lane—I found a person there who represented himself as Mr. Robertson—I made inquiries of him about Mr. Timmings—he described him as a very respectable man, and a person of good credit, a person whom we might trust to any amount—I communicated that to Mr. Edenshaw, or to my principal.
SAMUEL JOHNSON . I am a porter to Mr. Foster. On the 4th of September, I received a box from Mr. Edenshaw, addressed to Mr. Timmings, of Uxbridge—I was directed to take it to the Green Man and Still, at the corner of Argyle-street, where there would be a man waiting to take it—I took it there and waited ten minutes, and then I left it with a man while I went back to get the two-pence for the booking money—I booked it, and just as I had done so, the prisoner Chappell came in, and said, "That is my box, oh yes, it is quite right"—the box was then on the counter, the man at the Green Man took it off, and gave it him—Chappell took the box with him, and as we were going down Oxford-street, he asked me to have a glass of ale.
CHARLES JAMES MURRAY . I am a constable of Uxbridge. On the 1st of October I received a box of artificial flowers from Mr. Crockford, a wagon master at Uxbridge—there is no such person as John Timmings, who keeps a linen-draper's shop, at Uxbridge—I have lived there all my life—between Midsummer and Michaelmas, I observed the name of Timmings painted over a new house, which was not finished, in London-street, but the shop was never opened—I and my brother officer took the prisoner Thompson on the 28th of September, at West Drayton, as he was just going off by the Railway train—I took off his hat to see what was in it, and these letters fell out—I said, "Halloo, what is this, how came you by these letters, they are directed to Timmings, are you his agent?"—he said, "No, I am only a friend"—I asked him where he got them—he said he had been to the post-office, and got them there—one is directed "Mr. John Timmings, draper, Uxbridge," another "Mr. John Timmings, linen and woollen draper, Uxbridge," the other, "Mr. John Timmings, silk mercer, &c, London-street, Uxbridge."
Cross-examined. Q. When was this? A. On Friday, the 28tn—I heard he had been at Uxbridge, at the Three Tuns, and received a portion of goods which had been sent—I asked him where Timmings was to be found, and he began to tell me—he did not give me assistance in apprehending any persons, because he gave me the name of Timmings—if he had given me the name of Davis, which was the man's real name, we should have got him.
out of his hat—the other invoice in the name of Timmings was found in his pocket—I produce the property which we got from the wagon-office.
Cross-examined. Q. Did not Thompson volunteer to give you information? A. Yes; he said if we would let him go with us, we should find Timmings that night, but we would not—he did not give us information where we could find him, because he said "Timmings" instead of Davis—Davis was not there, but his wife was.
HENRY MURRAY . I am a stationer, and live in Coventry-street, Haymarket. On the 1st of August, a person, neither of the prisoners, called on me, representing himself to be John Timmings, of Uxbridge—in consequence of a reference he gave me, I sent to Mr. Lloyd, a tailor, and he sent me a good account of the person about whom I inquired—on the tame day, the same person called again, and after some inquiry, I delivered to him a day book, a ledger, an account book, six reams of paper, and three map files—the bill amounted to 7l. 3s.—he took the goods away in a cart the next day—on the 4th of August, I received by hand an order to the amount of 2l. odd, which I forwarded—on the 7th of August, the prisoner Thompson called, and brought an order—he took the invoice of the goods with him, and I believe I sent the goods to the coach office in Oxford-street—on the 24th of August, I received another order, which I supplied—on the 10th of September I received an order in a letter, and the goods were delivered to the bearer—I do not know who he was—I have since seen the paper which I then delivered at Mr. Haslock's, the pawnbroker's—on the 14th of September I received another order for paper, which I forwarded, and that paper I afterwards found at Uxbridge—I am positive Thompson is the person who Brought the order on the 7th of August.
Cross-examined. Q. Did not Thompson tell you it was there? A. Certainly not—I did not then know there was such a man—I went to the coach proprietor's house, where he takes parcels which he cannot find owners for.
Chappell's Defence. A person of the name of John Timmings engaged me to go down to Uxbridge at a salary of 60l. a year, to manage his concern—he showed me an agreement for a seven years' lease of a shop there, and desired me to call at Mr. Foster's, and order goods to the amount of 20l., and they sent to the amount of 40l.—I represented myself as going to live with Mr. Timmings, which is all I know of the concern.
CHAPPELL— GUILTY . Aged 48.
THOMPSON— GUILTY . Aged 30.
Confined Two Years in the Penitentiary.
OLD COURT.—Monday, October 29th, 1838.
Fourth Jury, before Mr. Sergeant Arabin.
2453. GEORGE JOHN TODD RITMAN was indicted for burglariously breaking and entering the dwelling-house of Thomas Biggs, on the 25th of October, at 2 in the night, at St. George, Hanover-square, with intent to steal, and stealing therein, 1 coat, value 1l.; 2 sovereigns, 2 half-crowns, 1 shilling, 1 sixpence, and 2 penny-pieces; the goods and monies of William John Clarke; and 1 plane, value 3s. 6d.; the goods of the said Thomas Biggs; to which he pleaded
GUILTY.—Recommended to mercy. — Confined Nine Months.
(William John Clark, apprentice to Mr. Crow, a builder, in whose service the prisoner lived two years, gave him a good character.)
Before Mr. Recorder.
2454. JOSEPH FLOWERS was indicted for stealing, on the 18th of September, 2 sacks, value 6s., and 8 bushels of a mixture of oats, beans, and chaff, value 1l. 5s.; the goods of Elizabeth Boyce, his mistress; and that he had been before convicted of felony.
MR. CLARKSON conducted the Prosecution.
WILLIAM HARDING . I am in the service of Elizabeth Boyce—she has the business of the yard at the White Hart, Romford—she horses coaches, and has stables at Ilford. The prisoner was horsekeeper at Ilford—he had four horses in his charge every night—it is usual with me to send him at the beginning of the week, enough corn for the weekly consumption of four horses—on Tuesday, the 18th of September, I sent four sacks of mixed corn, chaff, oats, and beans, for the weekly supply of four horses—that should have lasted them till the following Monday—on the Tuesday he always gets more—this was sent in sacks—"Elizabeth Boyce, Romford," was on the sacks—in consequence of suspicion, I ordered another servant, named Wyatt, to watch him—on the following day, the 19th, I received a message from Wyatt to come up to Ilford—about seven o'clock in the evening I sent for the prisoner to open the door for me—the stable was locked, and he had the key in his pocket—I went into the stable, and asked him, was that all the corn he had—he said it was—there was one sack of corn standing in the sack, and a bin about half full—the bin holds about one sack, when full—I asked him what he had done with the rest—he ought to have had three sacks, besides what was in the bin—he said the horses had eaten one sack, and he had sent the sack back to Romford by the coach—he said he had borrowed a sack, or nearly a sack, of the Coggleshall housekeeper—that was a man of the name of Holder—he said he had repaid him, and Holder had got the sack in his stable—I sent for Holder, and presented him before the prisoner—I then asked Holder if he had got any of Mrs. Boyce's sacks in his stable—he said, "No"—I asked him if the prisoner had borrowed a sack of corn of him—he said, "No," that I was welcome to see what sacks he had got, and I did—but there was nothing like ours.
Cross-examined by MR. PAYNE. Q. Who did you send the sacks by? A. James Chappell—Holder said he had received two or three sieves full from the prisoner, that was all—this stable was usually used for Mrs. Boyce—the prisoner has been in her employ, I believe, about twelve months—I do not know that I should know the corn again—we usually send another sack on Saturday—he said the horses had eaten all but what I found, except the sack he had.
JAMES CHAPPELL . I remember, on Tuesday, the 18th of September, taking seven sacks of mixed corn of Mrs. Boyce's property, about three o'clock in the afternoon—I delivered at the Ilford stable to the prisoner four sacks—I shook one into the bin, and took the sack home—I left the other three standing in the stable, by the side of the corn-bin—the prisoner took all four off the cart.
Cross-examined. Q. Are you sure that you left four sacks of food there? A. Yes, quite sure.
JOSEPH WTATT . I am one of Mrs. Boyce's horsekeepers at Ilford—I had received directions from Harding to watch the prisoner—on Tuesday, the 18th of September, I saw the four sacks delivered to him—on the following morning I went to the stable at twenty minutes before six o'clock—the door was unlocked, and the prisoner was in the stable, feeding his horses—I saw one sack standing near the corn-bin, and no more—I looked about the stable, and there was no more there—I sent word, by a note to Mr. Harding of what I had seen.
Cross-examined. Q. Do you know whether Mrs. Boyce has got any partners? A. I do not know.
JAMES HOLDER . I am horsekeeper to Mr. Freeman, at Ilford. On the 19th of September Mr. Harding sent for me, and in the presence of the prisoner put some questions to me—I did not receive any sack of corn from the prisoner on Tuesday, the 18th of September, nor on the 19th—I had no sack of Mrs. Boyce's in my stable—I received three sieves of the prisoner, which was not quite one bushel.
Cross-examined. Q. Are you sure it was not more than three sieves? A. No, it was not four bushels in a sack—it is sometimes the practice of horse-keepers to borrow corn when they are short, and return it.
THOMAS BROTHERHOOD . I am a coachman, and drive Mrs. Boyce's Romford-coach to London. On Wednesday morning, the 19th of September, I cleared the coach of all the luggage—there was no sack in the boot or any part of the coach—the prisoner put in no sack.
Cross-examined. Q. Was your attention called to this? A. Yes, I examined the hind-boot myself—the hind-boot was locked when I left the Saracen's-head, and no one touched it but myself till I got to Romford—I am tare there was no sack on Tuesday.
JURY to JAMES HOLDER. Q. How were the three sieves brought to you? A. In the same way as they went out—he came three times with the sieves—they held about a peck and a half—I cannot swear how much.
JURY to WILLIAM HARDING. Q. How do you mix your corn? A. About two sacks of oats, one of beans, and one of chaff—the horses would get to Ilford about seven o'clock, and would remain there all night—there were three horses in the stable in the day—they left when the London horses came down at seven o'clock—the Romford horses would have a feed out of it—about one peck between the three.
MR. PAYNE. Q. Do you mean that seven hungry coach-horses would not eat that quantity? A. They could not if they had been there—but
there were not seven there at once—I said, "Let me have the sacks if you have made away with the corn," but he could not find them at all.
GUILTY . Aged 20.— Confined Three Months. There was no proof of the previous conviction.
Before Mr. Common Sergeant.
CHARLES WORLEY . I live at Stratford and am a clothier. On the 20th of October, I missed a coat from my place—I saw it ten minutes before I went—I received information, and found the prisoner at the back of some empty houses, with the coat in a bag—this was about ten minutes after I had lost it—I missed other property at the same time, but have not found it.
GUILTY *. Aged 16.— Transported for Seven Years.
Before Mr. Recorder.
2456. HENRY WILLIAM FLOYD was indicted for stealing, on the 23d of September, 3 necklaces, value 2l. 5s.; 2 brooches, value 3l. 15s.; 1 pair of bracelets, value 15s.; 2 purses, value 2s.; 4 seals, value 1l.; 9 rings, value 1l. 8s.; 1 watch-key, value 5s.; 2 lockets, value 10s.; 1 watch-chain, value 15s.; 1 watch-hook, value 5s.; 1 watch-slide, value 5s.; 1 bag, value 1d.; 10 pieces of foreign silver coin, value 1l.; 1 sovereign; 42 shillings; and 1 sixpence: the goods and monies of Rose Booth; 3 spoons, value 5s.; 1 pair of ear-rings, value 5s.; 2 brooches, value 5s.; 1 breast-pin, value 1s.; and 2 half-crowns; the goods and monies of Jonathan Cunliffe: 3 handkerchiefs, value 8s.; and 3 shirts, value 15s.; the goods of William Booth and another, in the dwelling-house of the said William Booth and another.
Messrs. BODKIN and BALLANTINE conducted the Prosecution.
MARY CUNLIFFE . I was servant to Mr. William Booth at the time in question—he lives at Woolwich, and keeps the house and shop—the prisoner lived directly opposite—he has a garden to his house, which lies directly opposite the front door of my master's house—I had been in the habit of selling my dripping to the prisoner for about six months—in consequence of the request of his wife I took some dripping there on Sunday morning, the 23rd of September, and I had taken some the Sunday before that during church time—on the previous Sunday the prisoner was in his garden, and there was a man up the garden with him—I left masters door open, as there was nobody in the house—the prisoner came quickly down the garden, and said he would mind the door while I went in—that was the first Sunday—there were three or four men sitting in his room, and I would not go in as he requested—I just turned back from his door, but was not an instant—I still stood at the door myself—on the following Sunday I took some dripping—the prisoner was up his garden then—he told me to go into the house, and he would mind the gate—I went into the room, leaving him to mind the gate—I saw his wife and a child in the room—Mrs. Floyd
made some little hesitation in giving me the money for the dripping—the prisoner appeared to be still at the gate, but I could not see him—I had left him to watch my master's door—I saw no other an—I had left nobody in master's house when I came out—I was less than ten minutes in the prisoner's house—I came out, ran across, and went into my master's door—the prisoner was still standing at the gate—I went directly into the house—I did not discover that any thing had happened till about half an hour afterwards; but before that, Mrs. Floyd, the prisoner's wife, came over and rang the bell, and asked if I could give her a pail of water—I took the pail, and went through into the brew-house to give it her, and she followed me in—I think I shut the door, but I did not keep it in view—there are two doors between the house door and the brewhouse—any body might have gone out at the front door without my hearing them—the wife followed me into the brewhouse, and I gave her a pail of pump water—the prisoner has butts of water on his premises exactly of the same water as the pump—it is laid on by a company—it is a spring—the wife then asked for groundsel for her bird—that is up the garden at the back of the house—I could not get into the garden—she went out into the yard, and we had some conversation—I was about ten minutes away from the door with her—I then let her out at the front door—I immediately went up stairs, and discovered that my box had been broken open, and a pair of ear-rings and things taken—I did not discover what master had lost—he lost some property from his own bed-room—I told my master when he came home that my box was robbed, and then he missed his property—I had not noticed my box that morning before—I slept in the room—I discovered nothing about the box when I got up—nobody had been in the house except master until he went to church—I went into master's room, but could not see that any drawers had been broken open—mistress had left her drawers open.
Cross-examined by MR. PAYNE. Q. How many people live in the house? A. Mr. William Booth, Mrs. Booth, and Miss Booth, two boys, and me—they all went out on Sunday—I had seen my box the day before—it was not broken open then—the prisoner is a pastry-cook, and has lived there about two years—I have lived in the service sixteen months.
MR. BALLANTINE. Q. When you went into the room, did you immediately see that a box had been broken open? A. No; I made my bed myself, and then went to my box.
ANN ASLIN . I live opposite Mr. Booth's. On Sunday morning, the 23rd of September, during church time, I was sitting at my window, which commands a view of the road, and of Mr. Booth's house and of Floyd's garden sideways—I saw Cunliffe cross the road into the prisoner's gate—she stopped there from five to ten minutes—I saw the prisoner at the gate during that time, opposite the door of Mr. Booth's house—I could not we whether he was watching the door—he was about five yards distant, looking down the road, not towards the door—I could not see Mr. Booth's door, because it is on the side—I saw a man enter the house—he came from the church-yard on the left of the house—the prisoner was looking down the road from the way the man went up—he was looking up in the direction the man came—I cannot say he must have seen him, but I saw him—the man entered at the front door—he must have passed within five yards of the prisoner to enter the door—I saw him come out of the house in about a quarter of an hour or twenty minutes—I did not see the prisoner
do anything but stand against the gate—I did not observe him look up at the windows, or the house—he took his hand from his pocket once, and made a sort of motion with it—I cannot say whether that was a mere involuntary motion of the hand, or whether it meant anything—there was nothing peculiar in the motion—he was not looking towards the door—when I saw the man walk out of the house the prisoner had gone in—the prisoner remained at the gate during the time the servant was in the house—I saw her leave the house, and go into her master's house—the prisoner did not leave the gate before she returned into the house—she returned quite alone—about a quarter of an hour after she went in, and before the man came out I saw the prisoner's wife go and ring Mr. Booth's bell, and enter the house—I saw the man come out of the house about three minutes after that—the prisoner's wife came out five or ten minutes after—the man had no parcel whatever in his hand when he came out—I observed nothing different about him to when he went in—his coat was unbuttoned, and flying open, so that I could not discover what was in his pockets—the wind took his coat, and his pockets appeared rather bulky, but whether it was the wind made them so I cannot say—his coat was buttoned when he went in, and did not appear bulky then.
Cross-examined. Q. How far off is your' house from the gate where the prisoner was standing? A. Thirty-three yards—I have a small dwarf blind to my window—I was looking over it when the man came out of the house, and I was looking through it, when the man came from the churchyard.
COURT to MARY CUNLIFFE. Q. Why could you not have brought the key of the door out with you, instead of the man watching? A. There it no key, I cannot fasten it outside—my reason for wishing the door to be watched, was not with the idea of any body robbing, but I thought some boy might pull it to, and I should be locked out.
WILLIAM BOOTH . I am in partnership with Robert James Booth my brother, and live at Woolwich. On Sunday, the 23rd of September, I went to church, and left nobody but the servant in the house—my brother lives with me—on my return, the servant made a communication to me—I went up to my room, and found the cupboard had been forced, but not opened—three shirts and three handkerchiefs were taken from my room, and from the upper room a quantity of goods were taken—the property altogether was worth upwards of 17l.—I had seen it safe a few minutes before nine o'clock that morning.
WILLIAM THOMAS CHITTENDEN . I am a constable of Woolwich. I took the prisoner into custody on Sunday, the 23rd of September, the day of the robbery—I did not compare the water at the prisoner's with the water at Mr. Booth's.
Cross-examined. Q. You went on Sunday afternoon, about one o'clock, and saw the prisoner and his wife? A. Yes; I searched the house—I did not take him into custody then, but about half or three quarters of an hour afterwards—I found him still at home—he said I was welcome to search the house, and he would go willingly with me—that he knew nothing about the robbery, and would do all he could to detect the thief—Mr. Booth asked him if a young man, a butcher, had been to his house on the previous Sunday, and he gave me his name—I have known prisoner the two years, and I know nothing amiss of him.
about six gallons of clean water in a tub, I cannot say whether it was pump water or from the Company's supply—I do not know whether it was water from Mr. Booth's pump—a pail holds nine or ten quarts—I went to the butt on the prisoner's premises on the Monday, and then found a portion of water in each tub—it was clean water supplied by the water company.
Cross-examined. Q. It comes in on Monday morning, does it not? A. I cannot say.
COURT to MARY CUNLIFFE. Q. At what time did you go over with the dripping? A. About half-past eleven o'clock—it had not been arranged that I was to go at that time—they had been about an hour at chapel—they generally came out about a quarter to one—it was quite accidental that I went across at that moment—they could not tell at what time I was coming—it was not pump water I gave the wife, it was spring water, the same as the prisoner has—we are supplied in the same manner by a cock—his water would be on if ours was—it comes in on Monday, Wednesday, and Friday, and about ten o'clock on Monday.
CHARLES STEWART WARDEN re-examined. I saw the water on the Saturday in the wash-house—it was more than a pail—it was clear drinking water, and I saw it on the following day—I should say what I saw on Sunday was water reserved for drinking to make tea.
NOT GUILTY .
Before Mr. Sergeant Arabin.
2457. JAMES WILLSON was indicted for stealing, on the 28th of September, 1 watch, value 4l.; I watch-key, value 6d.; the goods of John Ray: 2 jackets, value 13s.; 2 pairs of stockings, value 1s. 6d.; 3 handkerchiefs, value 1s.; 1 pair of drawers, value 6d.; 1 pair of shoes, value 3s.; 4 shirts, value 5s.; 1 waistcoat, value 3s.; and 1 bag, value 6d.; the goods of George Shiply M'Intire, in a vessel upon the navigable river Thames.
JOHN RAY . I am a mariner, and belong to the Albion collier, which laid afloat on the 28th of September, in the upper part of Woolwich. The prisoner was an apprentice, and had been one voyage—we all slept on board—it was the prisoner's turn to watch on deck that night—I wound my watch up at half-past eight o'clock, and placed it in the cabin for him to keep watch by—the other articles were in the fore part of the vessel, and belonged to Mr. M'Intire—I went to bed, and awoke about three o'clock in the morning, and went forwards—the prisoner was missing, and my watch was gone from the cabin—I went on shore with two men, and met some policemen, who gave us information, and we found him at Greenwich station-house with all the property—he had no business to leave the ship—this is my watch (looking at it.)
GEORGE SHIPLEY M'INTIRE . I was on board the vessel on the night of the 28th of September—I missed my property from the vessel—it was all in a bag, except the suit of clothes, which were tied in a bundle—all my property is here.
ROBERT DUNN . On the 28th of September I met the prisoner on the Trafalgar-road, Greenwich, about three o'clock in the morning, with a large bag—I asked if he had left his ship—he said, "Yes," he had been paid off
at seven o'clock at night from the Albion—I examined the clothes, and said they were too clean for a collier—he said he had not been all the time in a collier, but came from Quebec,—I asked him about Quebec, having been there myself—he said he had brought fruit home, and I was then convinced it was false, and detained him—I found the watch in his hand—he said he had bought it of a sailor at Quebec.
GUILTY. Aged 18.—Recommended to mercy. — Confined Six Months.
Before Mr. Justice Williams.
MESSRS. ADOLPHUS and BODKIN conducted the Prosecution.
MARLBORO FLEMING . I am sergeant-major of the Royal Artillery, part of which is lying at Woolwich. On the 20th of October, about ten minutes before nine o'clock in the morning, I was on the parade in front of the barracks, and noticed the prisoner there—he was saying he belonged to the battalion—I asked his name—he said, it was Ferguson—I asked him whose coat that was which he had—it was a regimental coat—he said it was his own—I found it belonged to Little—I detained him, had him taken in charge—he had been in the Artillery, but had been discharged.
JOHN LITTLE . I am a recruit in the 9th battalion of the Artillery—I had hung my great coat out in the back yard on the 19th of October, at half-past six o'clock in the morning, on the rail of the church to dry, as it was wet—it was marked with my name—I had had it about five months—this is it—(looking at it)—my name is in it.
ROBERT EAGER . I am sergeant-major of the 7th battalion of the Royal Artillery—the prisoner had been in the service, and was discharged in February, 1837—he had no business on the premises after that—I saw him coming out of the barracks with the great coat on his arm on the morning of the 20th, about ten minutes before nine o'clock—I gave directions to somebody, who called Fleming's attention to it.
Prisoner's Defence. I had got a drop of drink, and lost my hat—being acquainted with several Artillery-men at Woolwich, I went to the canteen—one of them gave me an old hat, and one of them asked me to take care of the great coat for him till I saw him again—he did not come—I went to the front of the barracks to look for him, and was taken into custody.
GUILTY . Aged 31.— Confined Six Months.
Before Mr. Sergeant Arabin.
2459. PETER COOK BARRAND was indicted for stealing, on the 20th of October, 1 basket, value 1s.; 48 brooches, value 1l. 4s.; 6 workboxes, value 2s.; 15 watch guards, value 5s.; 96 combs, value 17s.; 60 pairs of ear-rings, value 10s.; 12 memorandum books, value 1s. 6d.; 24 snuff-boxes, value 6s.; 144 pencils, value 5s.; 84 stay-laces, value 2s.; 24 pictures and frames, value 2s.; 12 pipes, value 4s.; 144 bodkin-cases, value 2s.; 1 telescope, value 1s. 6d.; 1 pincushion, value 5s.; 144 pins, value 2s.; 4 toys, value 1s.; and 36 necklaces, value 20s.; the goods of Joseph Ansley; to which he pleaded
GUILTY .*— Transported for Seven Years.
Before Mr. Baron Gurney.
NOT GUILTY .
Before Mr. Common Sergeant.
2461. ELLEN DUNN was indicted for stealing, on the 25th of August, 1 watch, value 5l.; 1 watch-chain, value 1s. 6d.; 2 seals, value 1l.; 1 tobacco-box, value 3d.; and 1 handkerchief, value 2s., the goods of George Childs, from his person: and MARY RADLEY and PRISCILLA LAXTON , for feloniously receiving 1 watch-chain and seals, part of the same goods, well knowing them to have been stolen; against the Statute, &c.
GEORGE CHILDS . I live in Billow-fields, Woolwich. On Saturday, the 25th of August, I met Dunn, near the Arsenal-gate—I went with her about a hundred yards—something passed between us, and then I missed my handkerchief—I accused her of it—she denied it—I tried to secure her—she struggled, but I held her—I missed my watch also, but I did not miss my box for some time—nobody was near me before I missed my handkerchief—she denied all knowledge of the watch, and was discharged—the watch was then found, and she was taken again, and the box found on her.
Dunn. I never saw his watch at all—I asked him to give me a pipe of tobacco, and he gave me the box to take it.
WILLIAM WELLS . I am a private in the first battalion of the Rifle Brigade. On the 14th of this month, about eight o'clock in the morning, Corporal Stamp came to my room—I went out, and saw Radley and Laxton—I shook hands with Laxton, and asked her how she did—she asked if I had any money—I said, "No"—Radley then asked if I would go and pawn a watch for her—I told her I would, after parade—she asked me whether I could not go then—I said I would try if I could—I went and dressed myself, and took the watch to pawn—I got 2l. on it—I returned the seals and chain to Radley.
Radley. You did not—you sold the seals and the duplicate of the watch to another man. Witness. Yes, I did, but she asked me to sell them—I sold the seals for 10s., and returned the money to Radley.
Radley. No, you did not—I found the watch two months ago, between the Arsenal-gate and Plumstead-road, and I kept it to know whether it would be advertised—I then gave it him to pawn—he said it was better to pawn it, and have a spree out of it.
HENRY CRAWLEY . I am a private in the first battalion of the Rifle Brigade—Radley and Laxton came up to the Tower, crying, and said one of our men had gone off with a bundle of theirs—they stood about some time, and then went to a boat several times—I thought I saw Radley put something under the boat, and when I was relieved from sentry at eight o'clock, I went to the boat, and found this watch chain under it—she had a little basket in her hand.
WILLIAM NORMOYLE . On the evening of the 14th of September, I met Radley and Laxton on Tower-hill—one of them said she had been robbed by a soldier of the Rifle Brigade—I took her to the Tower, and then
told the sergeant—Morgan, whom she said ran away with the bundle was absent—I heard from one of the officers about this watch, and detained them.
NOT GUILTY .
JOHN ALLAN REID . I live in Lucas-street, Deptford. On the 6th of October, I engaged the prisoner for three days' work, as journeyman—I went out that evening—on returning home, I missed my watch, a coat, which he was making, and some cloth—the prisoner was gone—I met him on the 15th, and gave him into custody—he ought to have remained at my house to finish the coat, which he was working on—nobody that I know of was in the house but him.
HARRIET REID . I am the prosecutor's wife. The prisoner came on the Saturday to work—my husband went out about eight o'clock—I went out for a few minutes, and left nobody there but the prisoner—I was away about four minutes, and when I returned, the prisoner and these things were gone—I saw no more of him—I am sure the watch was safe when I left the room, and he ought to have stopped and finished the coat.
Prisoner's Defence. My intention was to go to Ware in Hertfordshire—I was only engaged for three hours—I took nothing away.
GUILTY . Aged 27.— Confined Six Months.
GUILTY .— Confined Three Months.
Prisoner's Defence. I was called to have a drink of porter, and was asked to pledge the coat by a person that went about with combs—I went to the shop I have used some time.
GUILTY .* Aged 42.— Confined Three Months.
GUILTY . Aged 19.— Confined Three Months.
SAMUEL SLOANE . I am a gunner in the Royal Artillery. On the 19th of October I hung my watch at the head of my bed, at Woolwich—in the morning it was gone—the prisoner and others slept in the same room—this is my watch—(looking at it.)
Primer. Q. Was I in the room when you went to bed? A. I did not see you—I got up at five o'clock.
Prisoner. I was out on leave on Friday night, and I was in bed when he got up the next morning, and when he came back.
Primer. It was given to me by a person in the street—I was in liquor.
Witness. No, he was not.
GUILTY of Stealing, but not from the person. Aged 32. Transported for Seven Years.
GUILTY.—Recommended to mercy by the Prosecutor, who promised to take him again.— Confined Three Days.
Before Mr. Sergeant Arabin.
ELIZABETH STEVENSON . I am the wife of Philip Stevenson; he is an officer in the navy. On the 19th of October I was taking a walk down to Charlton Fair—I stood looking at a little child dancing on a stage, and felt something at my pocket—I turned, and caught the prisoner's hand in my pocket—the policeman came up, and took him to a person's house, and marched him, but did not find my purse—as I came out of the press I saw something glisten, and it was my purse—I have not the least doubt that he dropped it—there was no other person near me—it was in my pocket—it contained two shillings—the prisoner begged I would forgive him—he said he never had it till he was going to be searched—this is my purse, (looking at it) and the two shillings in it—it is just as he took it.
Prisoner. You said if I gave it you I should go. Witness. Yes, and then the officer came and took you.
JOHN SIZER . I am a policeman. I took the prisoner in Charltoa Fair he was accused of robbing this lady of her purse—I took him into a Passage and searched him, but did not find it—the lady found the purse—I did not see it.
Prisoner. It is all false—I never was guilty of such a thing.
GUILTY .* Aged 14.— Transported for Ten Years.
my mother, at Lewisham. I have known the prisoner ever since August—he came to lodge at our house—he was a single man—he slept with me—my breast-pin was taken from the mantel-piece on the 9th of August—I cannot say the prisoner took it.
Prisoner. I know nothing of the pin—I never took any thing out of the box—I cannot tell whether it was in it or not. Witness. I lent him the box to lay his things in—there were things of mine in it, but no pin—I found the box locked—I broke it open and found the pin.
Prisoner's Defence. Larkin lent me the box—I did not know what was in it—he authorised me to lock it if I chose, and it is now broken open—I never put the things in that are said to be there—I left my last lodgings because Mrs. Larkin had her father there, and we did not agree—there are as many as nine persons in the house—they are next door to one another.
GUILTY . Aged 25.— Confined Three Months.
(There was another indictment against the prisoner.)
Before Mr. Common Sergeant.
2470. MARIA SCOTT was indicted for stealing, on the 22nd of October, 1 coat, value 10s.; 1 waistcoat, value 2s.; 1 pair of trowsers, value 1s.; the goods of William Hennah: and 1 yard of canvas, value 6d., the goods of Henry Hennah.
WILLIAM HENNAH re-examined. She lived with us about twelve months. These are things I did not intend to wear again—I have been accustomed to give my old clothes to servants—we imagine she took them, supposing she might have them—we will take her again immediately.
NOT GUILTY .
2471. SAMUEL SMITH was indicted for stealing, on the 19th of October, 1 reticule, value 1s.; 1 pair of gloves, value 1s. 6d.; 1 handkerchief, value 1s. 6d.; 1 purse, value 6d.; 3 shillings, and 1 fourpennypiece; the goods and monies of Emily Sophia Billings, from her person.
EMILY SOPHIA BILLINGS . I am ten years old, and live with my father and mother, at St. Pancras. On Friday afternoon, the 19th of October, I was at Charlton Fair with my aunt—I had a bag in my hand, and the prisoner took it off my arm—it had a handkerchief, a purse, and 3s. 4d. in it—I am sure the prisoner is the boy who took it—he had on gaiters and an apron—I saw his face—that is the same face—I cried, "Stop thief"—he
taken very soon—these are my things that I lost—(looking at them.)
Prisoner's Defence. I was selling pies at the fair, and after I had sold them I was running about the fair—a lot more boys were playing—I ran round the show—a policeman came—he took me, and asked roe if I knew anything about a reticule—I said no, and he took me to the lady, who said she was quite certain I was the boy—I never saw the bag, the lady, or the child.
GUILTY . Aged 13.— Confined Six Months.
2472. CAROLINE BROWN was indicted for stealing, on the 25th of October, 3 gowns, value 6s.; 2 shawls, value 1l. 5s.; 1 cloak, value 3s.; 2 pain of stockings, value 1s.; 7 yards of printed cotton, value 5s.; 1 shift, value 1s.; 1 night-gown, value 6d.; 1 bonnet, value 1s.; 1 cap, value 1s.; 3 handkerchiefs, value 4s.; 1 tippet, value 3s.; 1 pair of stays, value 6d.; 2 yards of dimity, value 4s.; and 1 pair of boots, value 3s.; the goods of Alexander Rance, her master.
FIANCES RANCE . I am the wife of Alexander Rance, and live at Greenwich—the prisoner was in my employ. On the 25th of October I got up as usual, and called for the prisoner, but found she was gone—shortly after the policeman came and brought these things—they are mine, and had all been safe—the prisoner had no right to remote them—she had been with me seven weeks—she had no character, but I knew her father—I had her from the Refuge for the Destitute.
WILLIAM SMITH (police-constable R 49.) About six o'clock in the morning I met the prisoner in Church-street, Greenwich, with a large bundle containing these things—I stopped her, and brought these things hack to her mistress, who identified them as hers.
GUILTY .— Transported for Seven Years.Recommended to the Penitentiary.
KITTY WOLF . I am the wife of Elias Wolf, of Turpin-lane, Greenwich. On the 24th of October the prisoner and another man came to our shop to buy a coat—about five minutes after they were gone I missed a pair of corderoy trowsers, which had been hanging at the door—I had seen the prisoner looking in at the window—these are them—(looking at them.)
Cross-examined by MR. DOANE. Q. What time was it when these persons came to your shop? A. From two till half-past three o'clock—they had been in before, about twelve o'clock, and the other one bought a waistcoat—the prisoner tried it on, and the other one paid for it—I missed the trowsers a little better than a quarter-past five o'clock, in consequence of what Mrs. Lane informed me.
CATHERINE LANE . I am the wife of William Lane, and keep the white Lion, at Greenwich. I was opposite Mrs. Wolfs at ten minutes after five o'clock on this day, and saw the prisoner looking in at the window—whether
he thought I was watching him, or what, I do not know, but he turned round in a very abrupt manner, and said, "You b—y old b—r, would you know me again if you saw me?"—I said, "Yes, you are very remarkable, certainly, and I might know you again, for you have got a mark on your face"—with that he put his hand inside the door-way and unhung the trowsers, and went away.
Cross-examined. Q. Was there not another man there? A. There was not—I have never said there was—this is my writing—(looking at her deposition)—it was read over to me.
Q. Did you not say this?—"There was another man near the shop when I saw the man take the trowsers?" A. I never said so, it must be a mistake—the prisoner spoke to me first—I had said nothing to him—I have never said to any one, "That unless Mrs. Wolf paid roe handsomely I would tell a different story."
MR. DOANE called—
DENNIS O'BRIEN . I live at Deptford, and sell wood. I saw Mrs. Lane last night, along with a prostitute in the street—she told me that unless the prosecutrix paid her handsomely she would tell a different tale—I treated her to some beer and a drop of gin—she again mentioned Mrs. Wolf's name, called her a d—d old b—, and said she had not given her a drop of beer all day long, and left her without money to pay her coach-hire—I said, "Never mind, I will pay it"—I did, and treated her to some ale and a pipe of tobacco—she was very drunk—she said, "I will alter the case with her to-morrow"—I said, "You may do so if you think proper, it is nothing to me," and she told me the same words down stairs to-day, that she would do all she could to get him off—I never saw her before yesterday—she forced her conversation on me, and I could not get rid of her—I saw she was not able to walk, and paid her coach-hire.
NOT GUILTY .
2474. GEORGE EARNEY was indicted for stealing, on the 24th of October, 1 pair of epaulets, value 7l. 5s.; 6 pieces of embroidery, value 4l. 3s.; and 1 tin box, value 3s. 9d.; the goods of William Griffin.
SAMUEL HARRIS . I am clerk to Charles Webb, of Old Bond-street. I delivered a pair of epaulets and 6 pieces of embroidery, packed in a tin box, to the Woolwich carrier's boy, on the evening of the 24th of October—it was directed to Woolwich—it was in brown paper.
FREDERICK KING . I am in the employ of the Woolwich carrier. I received the box that night, and delivered it at the Kent-road, to Henry Newton, who came up with my master's cart, and then I fell asleep.
HENRY NEWTON . I am in the employ of Mr. William Griffin, the carrier. I received the parcel directed to Mr. Pettigree, at Woolwich—I put it into the cart and went into a public-house—I came out in ten minutes and proceeded to the Rose public-house, New Cross, and had my supper—I was away more than an hour—I afterwards missed the parcel—the prisoner was riding in the cart and went down when I did—the prisoner went out first from the public-house—I did not miss these things till the Thursday.
Prisoner. You gave them to me in the public-house, while we were drinking. Witness. No, I had not the parcel in any public-house.
THOMAS M'GILL (police-sergeant K 13.) At half-past two o'clock on the morning of Thursday, I met the prisoner in the Blackheath-road, and asked him what he had got in his pockets—he said some things belonging
to his brother, who was a constable in the V division—I searched him and found the box containing the property.
Prisoner's Defence. The man gave them to me to carry to the cart—I had been to my mother's, and coming on to Deptford-bridge, the policeman stopped me.
(The prisoner received a good character.)
GUILTY . Aged 23.— Confined Six Months.
GUILTY . Aged 23.— Confined One Year.
MARY ANN ATTRIDGE . I am in the employ of Elizabeth Griffiths, she keeps the Bee-hive public-house in Bridge-street, Greenwich. I missed a spoon, which I saw safe on the 4th of October—I kept it in a till in the bar and sometimes in the kitchen among the plates-persons going from the tap-room to the back of the premises can go into the kitchen—this spoon is my mistress's—(looking at it.)
JOHN POVETT . I am waiter at the Bee-hive public-house. On the 4th of October, about four o'clock in the afternoon, I saw the prisoners drinking together and in conversation—I then saw Folkes go to the back of the house three or four times—in doing that she would pass the kitchen door—there is a skittle-ground at the back of the house.
MARGARET DAWSON . I am the wife of Thomas Dawson, and live in Pembell's-court, Greenwich. About a quarter-past nine o'clock, on the night of the 4th of October, Mary Hands, my next door neighbour, came to me and offered this spoon for a night's lodging—she then brought the two prisoners who wanted the lodgings—I said to Hands, "Is it all right?"—she said, "Yes," and then the prisoner Folkes said, it was all right—that she had had half-a-dozen of these spoons, but she was reduced in circumstances and had been obliged to part with them—the prisoner Warren was so near that he could hear that—I kept the spoon till it was fetched from me.
MARY HANDS . I am the wife of John Hands. On the evening of the 4th of October, I was coming home from work—the prisoner Warren asked me to get him a night's lodging—he took the spoon out of his pocket and gave it to me—I took the two prisoners to, Mrs. Dawson's—this is the spoon that Warren gave to me—(looking at it)—when the spoon was missing my husband gave information.
Warren's Defence. I found the spoon at the back of the Bee-hive.
Folkes's Defence. I found the spoon at the back of the premises among some shrimps—I gave it to Warren, and said if any one owned it they should have it.
WARREN— GUILTY . Aged 39
FOLKES— GUILTY . Aged 30.
Confined Three Months.
Before Mr. Recorder.
GEORGE HARLEY . I am in the employ of Bailey and Milner, of St. Paul's Church-yard. On the morning of the 11th of October I was near St. George's Church, in the Borough, at half-past eleven o'clock—the policeman called to me—I then found my handkerchief was missing—I had used it about an hour before.
THOMAS WATKINS (police-constable M 174.) I have seen the prisoner before near the Obelisk—on the 11th of October I was passing up the Dover-road, at half-past eleven o'clock, and saw the prisoner pot hit hand into the prosecutor's pocket, take the handkerchief out, and put it into his own left-hand pocket—I took him, and found it in his pocket—I called the gentleman, who recognised the handkerchief as his own—this is it.
(Property produced and sworn to.)
Prisoner's Defence. I was going up the Dover-road—as I was crossing I saw this gentleman's handkerchief on the ground—I took it up, put it into my own pocket—he took me, and said I had picked the pocket.
GUILTY .* Aged 19.— Transported for Ten Years.
Before Mr. Recorder.
2478. CHARLOTTE POMEROY was indicted for stealing, on the 18th of October, at Lambeth, 1 cash-box, value 2s.; 1 neck-chain, value 15l.; 1 eye-glass, value 30s.; 1 pair of ear-rings, value 3l.; 1 locket, value 3l.; 1 breast-pin, value 25l.; 5 rings, value 5l.; 2 pairs of bracelets, value 25s.; 1 purse, value 5s.; 1 penknife, value 5s.; and 1 pair of clasps, value 15s.; the goods of Catherine Cook, in the dwelling-house of Thomas Instone: and ANN BARTLETT , for feloniously receiving the said goods, well knowing them to have been stolen; against the Statute, &c.
MR. CLARKSON conducted the Prosecution.
CATHERINE COOK . I am a widow. On the 18th of October I lived at No. 6, East-place, Kennington-road, in the house of Thomas Instone—the prisoner Pomeroy was his servant—she waited on me, and made my bed—on the evening of Thursday, the 18th of October, I had a cash-box in my bed-room, which I placed on a chest of drawers—at two o'clock that day, I went to it for some money, and the articles mentioned in the indictment were perfectly safe in the box then—the value of the diamond breast-pin is 25l.—it is in two diamonds—the gold neck-chain is worth fourteen guineas—I had had it about seven years, and paid that for it—I mention the cost of the articles when new—the gold eye-glass cost two guineas——the gold garnet ear-ring set with pearls and the cross together cost six guineas—I cannot say what the five gold rings cost—they were worth 1l.
each, and two pairs of bracelets, worth 25s.—at six o'clock I went into the bed-room, and the cash-box and articles were all gone—there was no money in the box, I had taken it out previously—I have since seen the box in the hands of Brodie, the constable—the articles have been produced—there was no servant but Pomeroy in the house—I never saw Bartlett on the premises.
ROBERT BRODIE (police-constable L 102.) In consequence of information I received I went on Thursday night, the 18th of October, to the Surrey Theatre, about seven o'clock, and took Bartlett into custody—I told her I wanted her for a robbery on Mr. Instone and Mrs. Cook—she said the knew nothing about it—I took her to the station-house, and there she said that Pomeroy was in the theatre—we went back to look for her—when we came back Bartlett said the things were in her mother's house—the said that Pomeroy met her, and asked her to go to the theatre with her—I went to Bartlett's mother's house, by the directions she gave me, No. 3, Providence-place, New-street, Lambeth-walk—I searched the house, with Sergeant Bent, and found the cash-box buried in the dust-heap in the yard—(producing it)—it contained the whole of the articles which are now in it—which are two small boxes with a diamond pin, bracelets, ear-rings, and cross—the articles were very wet—I went the next morning with Bartlett to the Police-office—she told me there that what had caused them to be so wet was, that Pomeroy brought them out of Mrs. Cook's room in the slop-pail—I said if she had anything more to say she had better tell the Magistrate—she said that they took the articles to her mother's house, in company together, and that she, Bartlett, had been walking about in front of the house all the Thursday afternoon, waiting to receive them from her, and that Pomeroy brought them out to her in the street in the dirty linen—the home is in the parish of St. Mary, Lambeth.
JOHN SEWELL (police-constable L 156.) I went to the house, No. 3, Providence-place, New-street, on the Friday morning, and found the prisoner Pomeroy there, about ten minutes after nine o'clock—I took her into custody, and told her she was charged with robbing Mrs. Cook, of East-place, Kennington-road—she said she was glad of it—I asked her if she had any property belonging to Mrs. Cook—she put her hand into her pocket, and gave me this silver clasp.
WILLIAM WEST . I am in the service of Mr. Wharton, a pawnbroker, and live at No. 36, Mount-street, Lambeth. I produce a gold neck-chain and eye-glass, which I received in pledge, for 5s., from Bartlett—when I received it I did not consider it to be gold, but a common chain—it has not we appearance of a gold chain—I did not know the girl, but from the price she asked for it, and saying she had brought it from a Mrs. Lamb, I conceived it was for a temporary accommodation—she was dressed as she is now—the eye-glass is gold, I have no doubt—it is not of the value stated by the prosecutrix—Bartlett said she lived at No. 10, Glo'ster-street—we keep aqua-fortis to test gold, but, from the price asked, it was not necessary to test it.
Bartlett. Q. Was I dressed as I am now? A. I consider so—I considered her a servant.
Paradise-street, Lambeth. I produce a wedding ring pawned with me on Thursday, the 18th of October, for 2s. 6d., by Bartlett—Pomeroy came into the box first, but the other one came in before I served her—I have a knife, a wedding ring, and a guard ring, pawned by Pomeroy in Bartlett's presence—I advanced 3s. on the ring, and 9d. on the knife.
CATHERINE COOK (looking at the articles.) These are all my property—I saw them safe in the box at two o'clock when I went to it—the house is kept by Thomas Instone—I am merely a lodger—Pomeroy left the house at half-past three o'clock, and absconded.
(Charlotte Crossdale, a widow, No. 6, Dorey-street, Lambeth; Benjamin Savage, a chandler, 57, East-street, Lambeth-walk; Elizabeth Thornton, 99, East-street; and Catherine Sutherby, 55, East-street; deposed to the good character of the prisoner Pomeroy.)
POMEROY— GUILTY . Aged 18.— Transported for Ten Years.—Recommended to the Penitentiary for One Year.
BARTLETT— GUILTY . † Aged 16.— Transported for Seven Years.
ELIZA THURSTON . I live with my mother, Mary Thurston, at Lower Merton, in Surrey. On the 19th of October I was in the garden hanging out some clothes, helping my mistress, who is the wife of Joseph Redworth, to wash—I saw the prisoner at the line—he threw the peg down from the line where a handkerchief hung—I said, "What are you after?"—I called mistress—he went away over the palings and ran away—I got over after him, and kept him in sight till I saw Mr. Hart, and pointed him out—there was a darn in the corner of the handkerchief—(looking at one)—this is it.
HENRY HART . I am a constable of Merton. I apprehended the prisoner—the two witnesses were running after him—I found the handkerchief three or four yards from the prisoner in a hedge—I saw him stoop down to the spot.
Prisoner's Defence. I took it to get victuals. I was decoyed from my aunt.
GUILTY. Aged 14.— Judgment respited.
Before Mr. Sergeant Arabin.
2480. BENJAMIN BEST was indicted for stealing, on the 19th of October, 30 pairs of unmade gloves, value 2l. 5s., the goods of Henry Founes and others, his masters. 2nd COUNT, calling them 300 pieces of leather.
STEPHEN KEEN . I am foreman to Mr. John Keen, my uncle, who assists Mr. Henry Founes in the manufacture of gloves, which were kept in the counting-house, in Falcon-lane, Battersea—the prisoner worked for Mr. Founes, at his own house at Battersea. On the 19th of October I was in the shop, between seven and eight o'clock in the evening, and saw him put one hand into each coat pocket with something in them—there were pieces of leather for gloves near him—he appeared to be putting some into his
pocket—he left almost directly—I informed my uncle, and he afterwards informed a policeman.
JOHN BUSAIN . I am a policeman. I was applied to by Mr. Founes the next day, between eleven and twelve o'clock, and went into a piece of pound called Latchmore, behind the manufactory, which is let out in tenements—I found the prisoner there at work—Keen, the foreman, who was with me, informed him that gloves were missing, and he was suspected—he slid, "I do not know why you suspect me"—I said, "You are my prisoner"—he was digging up potatoes—I took him home to his house, and when within a short distance of the house I saw his wife and daughter standing near the house—the moment the wife saw me coming she ran into the house—I followed quickly, and saw her carrying something away through the kitchen—I knocked at the door—she came and opened it, and among some foul linen lying in a chair wrapped up—I found thirty pairs of unfinished gloves—I cautioned the prisoner not to speak, but he said, "There are no more in the house, I took them last night—I had had my work complained of, and I took these of a man's to compare with mine, to see if there was any fault to be found with mine."
Prisoner's Defence. I took the gloves away, as my work had been found fault with, and I thought I would examine them and compare them with my own to see if there was any difference in the work—I had plenty of time to sell them, if I had taken them from a dishonest motive.
NOT GUILTY .
Before Mr. Justice Williams.
2481. JOHN SULLIVAN was indicted for a robbery on Daniel Baseley, on the 30th of September, at St. George the Martyr, Southwark, putting him in fear, and taking from his person and against his will, 1 watch, value 27l.; 1 watch chain, value 6l.; and 1 seal, value 2l.; his goods: and at the time of the said robbery, feloniously striking and beating him.
MR. CLARKSON conducted the Prosecution.
DANIEL BASELEY . I live in Surrey-place, Old Kent-road, near to Surrey-square, and am a cheesemonger. On Sunday night, the 30th of September, I had been dining with a friend in Holborn—I was returning home between eleven and twelve o'clock—I was in the New Kent-road, near the Elephant and Castle, on the left hand side of the way going from London—I met a friend, and we proceeded as far as opposite Cumberland-place, Old Kent-road, together—we were then on the right hand side—the foot path is wide enough for five or six people to walk—on coming opposite Cumberland-place, we saw several persons—one man came and pushed very violently against me and Mr. Keeping, and forced us to turn round—there was plenty of room for two or three people to pass on the wall side—Mr. Keeping said there was sufficient room for all of us, or something of that kind—the man instantly struck Mr. Keeping a violent blow in the face, which knocked him down, and some man from behind instantly gave me a tremendous blow on the face, and knocked me
into the road—I had an umbrella, which broke into three pieces in the fall—I attempted to get up, and a struggle ensued between me and the prisoner and another—(I am quite certain of his person,) and in the struggle the prisoner drew my watch, which was scarcely exposed—my coat was buttoned, and nothing but the seal could be seen—I struggled violently to save my watch, and fought with him—we had several blows—he ultimately drew it from my person—it was a gold double-cased watch, and gold chain, and a very valuable watch—I cried out, "Police, I have lost my watch"—I expect the second man went to assist his companion, who was with Mr. Keeping—he ran away the instant I called "Police," and I collared the prisoner instantly—I never lost sight of him—he drew from me across the road—he did not get away from my hold then—he dragged me nearly across the road—Mr. Keeping came and assisted me—we went on calling, "Police, police," and about Swan-street he got from my hold, and ran down Swan-place, into a court which is no thoroughfare, and there I secured him—he had an opportunity of getting rid of the watch—he could not get out of Swan-place without jumping a ditch at the bottom, which was very wide and had a paling—the police secured him there—he was scarcely three minutes out of my hold there—I cannot be mistaken in his person.
Cross-examined by MR. PHILLIPS. Q. About what length of ground do you think the party went until the prisoner was taken? A. A hundred and fifty or two hundred yards—search has been made, but my watch has not been found—the prisoner might have given it to the other party at the time he took it—I could not see that he had an opportunity of giving it to any body at the moment—he drew it entirely from my person, and I was persuaded that he put it into his pocket, as he kept his hand in hit pocket—I think he could not have given it to any other person then—it was impossible—I had dined at three o'clock that day with a party of friends—I had drank very little—perhaps five glasses of wine—I was quite sober—I was excited and frightened by this attack.
MR. CLARKSON. Q. Were you so alarmed as not to be able to distinguish one man from another? A. Not the least—he was never out of my sight from the time of his getting away from me till I took him again.
WILLIAM JOHN KEEPING . On Sunday evening, the 30th of September, I met my friend on his way home—we went together along the Old Kent-road, and were run against by a man—there was quite sufficient room for him and another to pass—he appeared to run against the prosecutor on purpose—I said, "Surely there is room for us all to pass quietly"—I immediately received a severe blow from the man who ran against the prosecutor—it knocked me down on the ground, and as I was in the act of rising, I received either a blow or a kick in my head—my friend was knocked over into the road by parties I had not previously seen—I saw two persons with him, and the one was still in front of me—I had not an opportunity of observing the two that were with him, but I can say that the prisoner is the man who I saw fighting with the prosecutor after the other two had ran away from me—there was a cry of "Police—my watch, my watch"—the prisoner immediately ran away, and we followed him across the road, and came up to him immediately—we were not two yards behind him all the time—we went with him to Swan-street, where I had hold of his arm, and the prosecutor of his coat—he there made a violent struggle, and got away—we still kept crying "Police"—he ran across the road, and
was going towards a place which used to be called Kent-street—he then turned down Swan-place, but finding he could not get out, he turned and said, "What are you following me for? it is a pretty thing to be running after me in this manner"—I am certain he is the man who had been fitting with the prosecutor—a policeman had followed us down Swan-street, and secured him—I was quite sober.
Cross-examined. A. Did you turn any corners in the pursuit? A. Only into Swan-place—I was within two yards of him then—I did not meet any body in the pursuit—the prisoner had no opportunity of giving the watch to anybody—I saw him distinctly—I am not aware that he threw anything away—Kent-road is a very public thoroughfare.
COURT. Q. When you observed the prisoner fighting, there had been a cry of "Police—my watch?" A. Yes, previous to that.
WILLIAM FORDHAM (police-constable R 175.) On the 30th of September I was standing in Scott-street, between twelve and one o'clock, and heard the cry of "Police—I have lost my watch"—I heard it repeated, and immediately ran to the spot, which was about two hundred yards—I saw the prisoner run down Swan-place, Baseley and Keeping following him—I apprehended him as he was returning out of Swan-place—Mr. Baseley told me where he was knocked down, and there I found his hat and part of his umbrella.
Cross-examined. Q. This was at night, between eleven and twelve o'clock? A. Between twelve and one o'clock. I examined the ground that night and in the day, but could not find the watch—I took my light to look for it immediately—the prisoner was running as hard as he could go when I first saw him.
(Christopher Charles Thurston, butcher, 48, London-road; Samuel Heath, butcher, London-road; Henry Thomas Wood, tripeman, Claremarket; Elizabeth Bolton, Old Bell, little Friday-street, Cheapside; and William Fancourt, licensed victualler, Newington-causeway, gave the prisoner a good character.)
GUILTY . Aged 24.— Transported for Life.
Before Mr. Recorder.
JAMES MARGETSON . I am a leather-manufacturer, and live in Long-lane, Bermondsey. The prisoner was in my employ as a labourer—I sent him to Mr. Frost, in Crown-street, Soho, with goods—I did not order him to receive the money, but he was intrusted to receive money on my account—he never paid me 16l. 12s., as received from Mr. Frost.
Cross-examined by MR. BODKIN. Q. Did he work in your factory? A. Yes—I do not keep clerks—he was chiefly employed in the manufactory—he was a jobber, to take out parcels or work in the factory—he had 18s. a-week—he was to receive this money, if it was tendered—I said nothing to him about it, but I have given him orders not to refuse money—he had a general authority to receive money on my account—Mr. Frost returned the goods he took that day—it was not on account of those goods he received the money.
EDWARD FROST . I live in Cross-street, Soho. On the 28th of September I paid the prisoner 16l. 12s., in two £5 notes, and 6l. 10s. in gold, for a bill which I owed Mr. Margetson—I asked him if he was in the habit of receiving money for his master—he said, "Yes," and I paid it to him.
Cross-examined. Q. The suggestion came from you—he did not ask for money? A. No—he told me he received money occasionally.
CHARLES BENNETT . I am foreman to Mr. Margetson. The prisoner came to work at six o'clock in the morning after this transaction, and left at eight o'clock the same morning—I afterwards went to Bristol, and had him apprehended there.
Cross-examined. Q. How soon after he left? A. He left on the Saturday, and we found him on the Monday—I did not ask him if he had spent all the money—he was searched at the station-house, and 10l. 14s. 7 1/2 d. found on him—he produced it—he said he had got drunk and spent the rest, and expressed great sorrow for what he had done.
WILLIAM NASH . I am a policeman. The prisoner was brought to the station-house at Bristol—I found ten sovereigns, and 14s. 7 1/2 d. on him—I told him what he was charged with—he said he was very sorry for it, that he left London on account of his wife, that he got tipsy, he hoped he should get seven years, and that he bought the coat he had on with the money.
The prisoner received a good character.
GUILTY. Aged 28.—Recommended to mercy by the Prosecutor and Jury.
Confined Three Months.
Before Mr. Justice Williams.
2483. JOHN NEINENGER was indicted for feloniously assaulting Susannah Tee, on the 2nd of October, and cutting and wounding her upon her left-hand, with intent to maim and disable her—2nd COUNT, stating his intent to be to do her some grievous bodily harm.
(The prisoner being a foreigner, had the evidence communicated to him by an interpreter.)
MR. PAYNE conducted the Prosecution.
SUSANNAH TEE . I live in Uxbridge-street, New Kent-road, and am an unfortunate female. On the 2nd of October, between seven and eight o'clock in the evening, the prisoner came to my house—he had some porter to drink—he was in the front parlour at first—he remained there a few minutes, and then went up stairs—I went with him—we remained together up stairs for half an hour, and both came down together—he remained about an hour and a half after coming down—he asked for some bread and cheese—I placed the two knives, and bread and cheese on the table, and one pot more of porter was sent for—just as he was going away, Mary Ann Payne came in—he took his watch out of his pocket, and said, "I ought to have been home by ten o'clock"—he got up, put his coat on, and made his way to the door—I said, "Stop, you have not paid me, Sir"—he said, "I have no money"—I said, "yes, you have, I saw gold and silver when you gave me the sixpence for a pot of porter, in a leather bag"—he shoved me away from the door, and gave me several blows, but I did not notice it—he had been to my house two or three times before—after that he would insist on going out—I said, "No, you shall not go till you have paid me"—he was to have paid me half-a-crown, and 6d. for the bread and cheese, made it 3s—he turned his head round, snatched a knife from the table, and made a stab at me towards my face, to save my face, I put up my hand, and it went right through my hand—the force of the knife knocked me back wards into the chair, and I bled very much, and became quite insensible—Payne
was in the room at the time—she screamed "Murder," and William Payne her husband came in—I could not see any thing more, because I was quite insensible—I was taken to the station-house, and then to Guy's-hospital, where I have remained ever since as an in-patient.
MARY ANN PAYNE . I am the wife of William Payne. I was at Tee's house on the 2nd of October, at ten o'clock, and saw the prisoner there—when I went into the room they were wrangling very much—I remained there half an hour—the prisoner was having bread and cheese and porter when I went in—I saw him get up to go out, and my sister, the prosecutrix, said, "No, Sir, you are not going out till you give me 3s. "—he said he had no money—she said, "Yes, you have silver, and gold, and half-pence"—he knocked her down three times into the chair against the door—he went and sat down in his chair again for a minute or two, and then got up in a violent passion, caught a knife off the table, and stabbed at her momentarily—she put her hand up to save her face—he pointed the knife at her face—it went through her left hand—I screamed out, "Murder"—my husband burst the door open, and saw him coming at her again with the open knife—he knocked the knife out of his hand, secured him, and held him in the corner—I picked the knife up and put it on the table—I attended to my sister—she was not sensible—a policeman came in, and the prisoner was taken to the station-house—I went with my sister to the hospital and saw her into bed.
Prisoner. It is not true—this is the very person who struck me. Witness. My sister sat in a chair by the door to prevent his going—she did not take hold of him at all—the table was about two yards and a half from the door—my sister did nothing to stop him but sit in her chair by the door—she was sitting there while he had his bread and cheese—she never struck him—she pushed him from the door—I did not strike him—I never got out of my chair, till I saw the knife taken from the table—my sister pushed him four or five times to keep him from the door, but not so as to hurt him—she merely kept him from the door.
WILLIAM PAYNE . I am the husband of the last witness—I was in the house on the night in question, and heard a hustling in the room—I was in the back part of the house—all was then silent, and in about ten minutes I heard the cry of "Murder," from my wife, and my sister-in-law said she was stabbed—I made to the apartment, forced the door open, and saw the prisoner with the knife in his hand, apparently going to make another stab, I knocked the knife out of his hand and cut my own hand with it—I secured him until Newbury, the officer, came, and then gave him to him.
RICHARD NEWBURY (police-constable M 3.) I was called into the house in Uxbridge-street, on the 2nd of October, and found the prisoner in custody of Payne—the prosecutrix was bleeding very much at the left hand—I found the knife on the table—I have kept it ever since—it was all over blood—I produce it—I took the prisoner to the station-house.
FREDERICK HOLT . I am a surgeon at Guy's hospital. On the 2nd of October, the prosecutrix was brought in about eleven o'clock at night, with an incised wound in her hand, inflicted with some instrument such as this knife would have made—I dressed it—she was put to bed and has continued in the hospital ever since—I considered it a serious wound—it passed right through the hand, between the bones of the thumb and fore
finger—it would require a great deal of violence to do that—there was a great chance of a locked jaw coming.
(The prisoner put in a written Defence, stating that he had been taken to this room, and drank freely, that the prosecutrix and others felt about his pockets, a man afterwards entered who accused him of being with his wife and tried to take his money, and the woman cried out that she was wounded.)
GUILTY . Aged 32.— Confined One Year.
Before Mr. Sergeant Arabin.
GUILTY .— Confined Two Years.
Before Mr. Common Sergeant.
2485. PETER WILKINSON was indicted for stealing, on the 5th of October, 1 watch, value 5l.; 1 watch-guard, value 1l.; 1 watch-key, value 1d.; 1 bag, value 1d.; 4 sovereigns; 2 half-crowns; and 2 shillings; the goods and monies of Peter Williams, his master, in a certain vessel on the navigable river Thames.
PETER WILLIAMS . I come from Newport in Monmouth shire, and am master of a vessel. The prisoner was in my employ foe fifteen days—the vessel arrived in the river Thames on Friday night, the 5th of October—I went into my cabin between ten and eleven o'clock, took off my clothes, and hung my watch on a little pin by my bed-side—my money was in my trowsers' pocket in a bag—when I awoke in the morning I missed my watch and money—my mate went for the prisoner to the forecastle where he slept, and he and his clothes were gone—this is my watch and bag—(looking at them)—the money has not been found.
GUILTY . Aged 16.— Confined Six Months. Three Weeks solitary.
MR. HORRY conducted the Prosecution.
SOPHIA PARKER CARTER . I am the wife of William Carter, and live at Walworth. On the 27th of September my attention was attracted by a noise in my parlour—I went down, but there was no one there—I went into the yard and saw the prisoner, who was our servant, standing there—I asked him if any one had passed through—he said, "No"—I asked him if any one could pass without his seeing or hearing them—he said no, they could not—he had been up-stairs about ten minutes before, and left me to go and give the dog some clean straw—I went to the cash-box in the parlour and found it open—it had been locked before—I went into the shop to get the keys out of the desk, and found the bunch of keys taken out of the desk—the key of the cash-box was on that bunch—I took the box up-stairs, and
asked the prisoner if he had seen his master's keys—he said, "No"—I asked him if he had taken them out of the desk—he said, "No"—the keys were found in the yard opposite where I had seen the prisoner standing—I asked him if he had any objection to my looking into his pockets—he said, "Not the least," but nothing was found on him.
WILLIAM CARTER . I live in Union-place, Walworth-road, and am a cheesemonger. About 21l. 1s. 6d. ought to have been in my cash-box—I questioned the prisoner when I came home—he said he was innocent, it was a shameful thing he should be accused—I was present when he was torched, and two shillings were found in his left shoe, and one half-crown and a sovereign in his right—he said the sovereign and half-crown belonged to me, the other to himself, and he had a hole in his pocket—he had been with me three or four months.
GUILTY . Aged 19.— Confined Six Months.
JOSEPH ELLIS . I am a nightman, residing in Church-street, Newington—the prisoner worked for me. About half past seven o'clock on the evening of the 9th of October, I went to where my fowls roosted, and found them under a cart, instead of where they ought to be—I got on a wagon wheel, and they were gone from the roost—I looked under the cart, and found the prisoner with two fowls by his side quite dead—he had no business there—I asked him what he wanted there—he said he had got out of the way of his wife, as he had got a little drop to drink—he came out—I said, "What have you been at?"—he said, "Nothing," and ran away.
GUILTY . Aged 39.— Confined Six Months.
2488. ANN BARRY was indicted for stealing, on the 17th of September, 1 watch, value 1l.; 2 seals, value 10s.; 1 chain, value 1s.; and 1 key, value 10s.; the goods of William Wilmott, from his person; and that she had been before convicted of felony.
WILLIAM WILMOTT . I live in Wilmott's-buildings. I was at the Royal Standard, in White-street, on the 17th of September—the prisoner was there, and some other people—I had a watch—the prisoner had a child, and she put the child on my lap—there was a little uproar at the door—the prisoner came and took the child—she must have taken the chain of the watch, and pulled that out with her, and went away—I went out to quiet the mob, and then I went back, and went out at the side door—this is my watch, chain, and seals, that I lost on that occasion—(looking at them)—I did not miss them at the time.
Prisoner's Defence. A good many were drinking in this wine-vaults, he asked me for the child—I gave it him—there was a row outside the door—I came out, and a woman handed me the watch, and told me to Pawn it, which I did, for 10s. where I have been known for these ten years.
prisoner's former conviction from the clerk of Surrey—(read)—the prisoner is the person.
GUILTY . Aged 31.— Transported for Ten Years.
THOMAS ROBERTS . I am a linen-draper, and live in Blackinan-street, Borough—the prisoner was my shopman. On the 10th of October, I thought it necessary to search his box—I found three lengths of linen, and two lengths of cambric, which I am sure were mine—I sent for an officer, and gave them and the prisoner to him.
Cross-examined by MR. DOANE. Q. Is it not usual to allow your men to take things, and debit themselves? A. Not without the knowledge of some other person—it is a usual thing—he might have told some person that he did so—my shopmen are not here.
NOT GUILTY .
GUILTY . Aged 19.— Confined Three Months.
GUILTY . Aged 23.— Confined Three Months.
MARTHA RESTELL . I am a widow, and live in Quaker-street, Spital-fields—the prisoner lived there. On Wednesday, the 17th of October, I missed my shawl from off the bedstead in the room—I had been out all day at work—she was there, and had an opportunity of taking it.
ROBERT BRODIE (police-constable L 132.) On the 18th of October, I was in Mr. Archibald's shop in the Borough—the prisoner and another came into the shop—one of them produced the shawl—I heard them give the name of Smith, No.' 3, New Cut, that roused my suspicions—I stopped the shawl, and took the prisoner.
GUILTY .* Aged 18.— Transported for Seven Years.—Recommended to the Penitentiary.
Before Mr. Recorder.
GUILTY .— Confined Three Months.
MARY ANN DOWDING . I am the wife of George Dowding, a baker, in Little Surrey-street, Blackfriars-road. The prisoner was our journeyman for about ten weeks—on the morning of the 16th of October, I gave him
8l. 10s. in silver, and 30s. in copper, to go to Mr. Jones, the pawnbroker, to get it exchanged for gold, or notes—he did not return—he never gave me any part of the money.
JOHN STAINES . I live with Mr. Jones, of St. George's Circus. The prisoner brought 8l. 10s. in silver, and 30s. in copper, and requested notes or gold for them—I saw given to him a £5 note and five sovereigns—I am sure he had a £5 note.
GEORGE CARR . On the afternoon of the 6th of October, I took the prisoner into custody about five o'clock, at the Paviour's Arms, Shadwell—he was in company with some more bakers—he said he was going back to his master's again that night—a young man came up to him and said, "What is it?"—he said, "It is only a spree "—I found on him eight sovereigns, two half-sovereigns, two half-crowns, 1s. 6d., and some copper—9l. 7s. 4 1/2 d. in all.
Prisoner's Defence. The time I was in possession of the money did not exceed more than seven hours—I was in the act of returning when I was taken—if my intention had been to take it I should not have stopped in London—I did not do it with a felonious intent.
NOT GUILTY .
Before Mr. Common Sergeant.
EDWARD KESTERTON . I am of the firm of Thomas Kesterton and another, coach-makers, at Newington-causeway. We lost eight wheels about the 7th of September—they were worth 6l—the prisoner was in our service—these are our wheels—(looking at them.)
GEORGE HAMMOND . I am a furniture-broker, and live in Suffolk-street, Borough. I purchased these four wheels on the 7th of September, of a man very much resembling the prisoner, but I am not positive of him, for 23s.—I gave 11s. for the first pair, and 12s. for the second pair—I rather expect the prisoner was the man, but I cannot positively say—I have carried on business six years—I never saw him before—the wheels are new—the party gave his name and address—I knew if I had not bought them, some one else would.
Prisoner. I only took two wheels from my master.
GUILTY . Aged 36.— Confined Six Months.
2496. WILLIAM HANDS was indicted for stealing, on the 10th of October, 1 sovereign, the monies of William Briggs, his master: and WILLIAM DEREMAN , for feloniously receiving the same, well knowing it to have been stolen; against the statute, &c. 3rd COUNT, charging Dereman as accessory after the fact, and that he had been before convicted of felony, to which Hands pleaded
GUILTY. Aged.—Recommended to mercy by the Prosecutor.
Confined Six Days.
Hands has pleaded guilty to stealing it—he bore a good character—I do not know the other prisoner.
WILLIAM M'DONNELL . I went to Mr. Briggs—he told me he had lost a sovereign—I then went to Dereman, who was locked up—he said Hands gave him a sovereign on the Saturday evening to take care of, which he said he took from his master, and that on Sunday they went to the Greyhound and changed it, Hands gave him the change to take care of, and they went on the water—I told the Magistrate that he said Handa gave him the sovereign.
JACOB ELMES . I found Dereman in a field on his back, screaming—he told me that Hands had made him drunk, and poisoned him—I took him into custody, and on the way to the watch-house he said that Hands gave him a sovereign to take care of—that they went to the Greyhound tap, and changed it, and went on the water, and the change paid for the liquor that he drank.
Cross-examined. Q. In what state did you find him? A. Drunk, on his back—he told me of this going along—I searched him in the watch-house and found a half-sovereign on him—he said it was the change.
NOT GUILTY .
GUILTY . Aged 67.— Confined Two Years.
GUILTY . Aged 51.— Confined Three Months.
GEORGE MATTHEWS . I am a spirit-merchant, at Ratcliff-cross. I was indebted to Mr. Hall, a grocer, 2l. 7s. 5 1/2 d.—I did not know the prisoner before this—he came on the 2nd of October—he said he came for the account due to Mr. Hall—he did not produce my account at the time—I took the account off the file, and he mentioned the amount exactly—I gave him 2l. 7s. 6d.—he said he had no change—I gave him that on account of his representing that he came from Mr. Hall.
THOMAS HALL . Mr. Matthews dealt with me, and owed me 2l. 7s. 5 1/2 d.—I did not authorise the prisoner to go and fetch it on the 3rd of October—the prisoner's brother was in my employ, but I do not know him.
Prisoner. My two brothers were taken up on this charge, and the witness swore that one of my brothers was the person who received it, and as I was at the office, he turned round and said, "Oh dear no," that I was the person—the depositions were then torn up, and mine were made out afresh—I know nothing of it.
THOMAS HALL re-examined. One of the prisoner's brothers, who was like him, and has a cast in his eye, was taken up first—the prisoner was brought into court on another charge, and confessed he was the person himself.
to the police office he said he knew nothing about the present case, but he should meet the case of Mr. Hall—that his two brothers were innocent, and he was guilty.
GUILTY . Aged 22.— Confined Six Months.
ADJOURNED TO MONDAY, 26 TH OF NOVEMBER.