CENTRAL CRIMINAL COURT.
MINUTES OF EVIDENCE,
Taken in Short-hand,
BY HENRY BUCKLER.
SESSION I. TO SESSION VII.
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, November 26, 1838, and following Days.
Before the Right Honourable SAMUEL WILSON , LORD MAYOR of the City of London; Sir James Allan Park, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir Edmund Hall Alderson, Knt., one of the Barons of Her Majesty's Court of Exchequer; Matthias Prime Lucas, Esq., William Thompson, Esq., Sir John Key, Bart., Sir Peter Laurie, Knt., Charles Farebrother, Esq., and Sir John Cowan, Bart., Aldermen of the said City; the Honourable Charles Ewan Law, Recorder of the said City; James. Harmer, Esq., John Pirie, Esq., John Lainson, Esq., and Michael Gibbs, Esq., Aldermen of the said City; John Mirehouse, Esq., Common Sergeant of the said City; and William St. Julien Arabin, Sergeant at Law; Her Majesty's Justices of Oyer and Terminer, and Gaol Delivery of New-gate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
WILSON, MAYOR. FIRST 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, November 26th, 1838.
First Jury, before Mr. Recorder.
MR. ADOLPHUS conducted the Prosecution.
JAMES AYLING . I live in St. George's-place, Knightsbridge, and am an agent and upholsterer. I was in possession of Park-cottage, King's-road, Chelsea, as agent—the house is the property of Mr. Peter Bordenay—I was employed by him to let it—there were two chimney-glasses fixed to the walls by nails, and the paint painted up to them—I have seen the prisoner in the cottage—these chimney-glasses were there then—I let him the house.
COURT. Q. Was there any written agreement? A. There was, I believe; it is in the hands of Mr. Bordenay's attorney—I did not know the prisoner till I let him the house—I have seen the house since the chimney-glasses Were taken away—I have not seen the glasses since.
Cross-examined by MR. BALLANTINE. Q. Was he let into the house under the agreement? A. Certainly.
JANE RANDAL . I am the wife of Anthony Randal. I worked for the prisoner, as charwoman, at Park-cottage—I remember the two chimney-glasses there—I remember one going away—Mr. Edderly took it away, tied up in a sheet—the prisoner helped to take it down.
JAMES AYLING re-examined. There were two parts of the agreement—the prisoner had one, I believe, from Mr. Bordenay—I did not see it delivered to him—this is the paper which was drawn up—(producing one)—my clerk is the subscribing witness—he is not here—it is not stamped.
NOT GUILTY .
2. CHARLES STEWART, alias Hugh Warning , was indicted for stealing, on the 25th of October, 10 shirts, value 1l. 10s.; 4 pairs of drawers, value 16s.; and 2 pairs of stockings, value 4s., the goods of William Wade Blake.
MR. BALLANTINE conducted the Prosecution,
WILLIAM WADE BLAKE . I am an apprentice on board the Whitby Barque, which lies in the London Docks—the prisoner was one of the crew, from Calcutta to London—he left the vessel, in the West India Dock basin, about five weeks before we arrived in the London Docks—I remained on board, and the day after he left I missed these things from my chest—I have seen some of them since, and know them—some are marked "W. W. B.," and some, "W. Blake"—I had seen them safe about a week before he left—I did not give any of them to him.
Cross-examined by MR. PHILLIPS. Q. Were not you in the habit of bartering your things for grog? A. No—I never did such a thing—about a month after the prisoner left the vessel, I made the charge against him—his shipmates have not all sailed away, only two or three of them are gone—I saw the prisoner afterwards, but I did not know who had robbed me—William Parsons, my fellow-apprentice, gave me information-a man named Thomas John gave me information subsequent to that.
MR. BALLANTINE. Q. Did you give information of your loss to any one? A. I told every body on board—I did not tell the captain—I saw the prisoner several times, but did not then know he had taken the property.
CHARLES HENRY FALCONER . I am a Thames police-surveyor. In consequence of information I went on board a ship, in the West India Docks, with Parsons, and found the prisoner—I had some conversation with him about a watch, and after cautioning him how he should answer, I said, "You are also charged with stealing several articles of wearing apparel, do you know anything of them?"—he said, "I do not, except a shirt, which was lent to me"—I said, "Where do you live?"—he said, "I have no lodgings—I slept at a public-house last night"—I knew where he lodged, and took him to his lodging, in Penny-fields, Poplar—there were two chests in the room—I asked him which was his—he pointed to it—I found eight shirts, marked, two pairs of drawers, and a variety of things—I took out one shirt—he said, "That was lent me"—I took out another—he said, "That was lent me"—as I proceeded to take things out, he was very much affected, and called for a glass of water—some things were marked "W. W. B.," and others "W. Blake."
MR. PHILLIPS to WILLIAM WADE BLAKE. Q. Do you know John Alexander? A. Yes; and John Hutchinson, and Richard Grant—I did offer them articles, but not for grog—I offered one shirt to Alexander to wash for me, and one to Grant, for mending for me—I did not offer anything to Hutchinson at all—I did not claim a coat from the prisoner—I swear that I never sold the prisoner a coat, my fellow-apprentice did.
SARAH DOBBINS . I live in Robert-street, Limehouse. The prisoner came to lodge with me—he turned out his chest of dirty linen, and told me to wash them—he showed me some things with marks on them, and told me to pick them out, and put his own name in, but I did not do so—I afterwards gave him notice to quit—he packed up, and went away.
Cross-examined. Q. How long did he live in the house after that? A. Three weeks—there was a messmate of his living there named Joe, for about a week.
MR. BALLANTINE. Q. Was his chest brought to your house before Joe came? A. Yes—it was before I ever saw the young man.
(Property produced and sworn to.)
(The prisoner received a good character.)
GUILTY . Aged 23.—Recommended to mercy.
WILLIAM FOSTER PARSONS. I am an apprentice on board the Whitby, and was so on the voyage from Calcutta—I went on shore at Portsmouth, and left my silver watch in my chest—the glass and the long hand were broken.
THOMAS JOHN . I am a seaman on board the Whit by. I know the prosecutor's watch—it was silver, and had the hand and glass broken—I remember the prosecutor going on shore at Portsmouth—I afterwards saw his watch in the prisoner's hand in the Commercial-road—I asked him to let me look at it—he said, "No, there is nothing more to be seen in my watch than in any other"—one night he and I went together to the theatre, and he left the watch with a girl for 8s.
COURT. Q. How do you know the watch was the same you had seen on board the vessel? A. I knew it by the face directly I saw it, that made me ask him to let me look at it—I am sure it was the same.
Cross-examined. Q. Did he sell the watch for 8s.? A. I did not see him sell it—he left it with the girl for being with her—I cannot recollect the date—I never knew it would come to this—I cannot tell how long it was after I left the ship—I remember his coming and asking me how I dared say that he had stolen the watch—I did not say I knew nothing about it and retract the charge—I said there were so many people in the shop I did not like to say—I said, "I know who has got the watch"—I do not think that I said, "I know nothing at all about it"—I will swear I did not—Maria Newman was with him at the time—I denied it to her, because I did not like to say, as there were so many people in the room—I did not deny that I had said that he had stolen it—I am sure of that, nor anything to that effect—I said, "I know who has got the watch"—that was all I said—I was lodging at Mrs. Dobbins's—I did not go there from the ship—it was a week after I came home—about a week after I left the ship, I saw the prisoner part with the watch to the girl—I lived about seven weeks with Mrs. Dobbins—the prisoner did not give me a good beating for saying that he stole the watch—it was not on that case—we had words together in the Noah's Ark, and he up with his fist and gave me a knock on the nose—I have no animosity towards him.
SARAH DOBBINS . The prisoner lodged with me—I saw him in possession of a silver watch—he hung it up in my kitchen on the Sunday night, the night he first came to my house—the glass was broken and one hand also.
Cross-examined. Q. Was John living in the house at the time? A. No, he came on the Thursday night following, and has lived with me ever since—the prisoner lived with me till that day three weeks—he only hung the watch up in the kitchen—the next day he took it away.
CHARLES HENRT FALCONER . I took the prisoner into custody, and said, "You are charged with stealing a watch, do you know anything about it?"—he said, "I do not, except a watch I had of my father a long time since"—after he was committed for trial, I said in his hearing, speaking to John, "You must go with me and point out the girl he gave the watch to"—the prisoner smiled and said, "Oh, you will not find it there, I have had it from there."
Cross-examined. Q. Were you examined before the Magistrates? A. Yes, and you will find that in my deposition.
MR. PHILLIPS called
MARY ANN NEWMAN . I know the prisoner. I remember his taking me to the Ship Tavern, at Limehouse—I saw John there—the prisoner taxed him, in my presence, with having charged him with stealing a watch—John said, he knew nothing at all about it, and he said he had done it—I mean that he had made the charge—the prisoner told him about the watch, and he said he did not know the apprentice had lost a watch—John said he had done it—he was addressing us—he said, "I have done it"—I have known the prisoner about eighteen months—I knew him before he went the voyage in the ship John went in—he had a silver watch.
MR. BALLANTINE. Q. Where do you live? A. No. 28, Narrow-street, Limehouse, with my mother. I went to the Ship Tavern, in Limehouse, with the prisoner one evening, about a fortnight before he was taken—he lodged at that time with Mrs. Dobbins—I know he had a watch at that time—I have seen him with a watch—there was a glass on it, and it had both hands on it—I did not see any watch in his possession with no hands on it—I did not see any watch in his possession with no glass, and only one hand—the prisoner called John, and he came out to me, and said to him, "You have been telling Mr. Newman's family I have stole a watch"—John said, "I know nothing about the watch"—about ten minutes after that he said, "I have done it."—I do not know what it applied to—it was in answer to his having made the charge—I do not know what became of the watch—I saw it last about a month before it was taken.
FRANCIS NEWMAN . I am father of the last witness, and am in the employ of Sir Charles Price, at Mill wall. I have been his foreman fourteen years—John made a communication to me respecting the prisoner twice—I went to the prisoner in consequence of that, and afterwards Went to the Noah's Ark, and saw John—the prisoner was there—the prisoner accused John of accusing him of the watch, and John said he had done it now, and could not recall his words, but he did not recollect any thing at all about the watch—he told me he had told the apprentice that same evening before he saw me, and he would be taken up before Saturday, for stealing the watch—the prisoner and John had some words, and they went to fighting—that was after that—I think the prisoner was taken up on the following Wednesday.
MR. BALLANTINE. Q. He did not deny having made a charge?—A. He did deny it to me at the Noah's Ark—I challenged him about the watch, and he said he did not know any thing about the watch—he did not deny it to me, but said he knew nothing about it—he said he had told me and the apprentice, and he could not recall his words—I never. saw the prisoner with a silver watch before he went the voyage—I saw him afterwards every evening, and never saw a silver watch.
GUILTY . Aged 23.— Confined Three Months.
I put down a fare at the Woolpack, Kingsland-road—the gentleman wanted change for a sovereign—he asked me to step into the house—I saw the prisoner coming by, and asked him to mind my cab while I went, and he did so—I said I would give him a penny—I was in the house ten minutes—I went out twice to see if my cab was safe, and directly I came out the second time, the prisoner came to me, and said, "I cannot stop longer, I have got to go on an errand"—I said "Very well-come and bring me the whip, and I will give you the penny," which I did—I got change for sixpence, and gave him the penny—I followed him out about three minutes afterwards, and met a young man who asked me if I had lost any thing—I looked, and my great-coat, which I had left on the cab, was gone—the witness said, "Look down Thomas-street, and you will see him"—I looked, but I could not see him—I pursued him, and then saw another person had the coat—I do not know that the prisoner was following the man who had the coat—I saw him running down in the same direction with the other man who had the coat, and another person—the prisoner saw me, and then then all parted, and ran in different parts of the street.
JABEZ TURNBULL . I am a carpenter, and live in Westmoreland-street, Hackney-road—on the afternoon of the 24th of October, I saw the prisoner standing at the corner of the Woolpack, handing the coat round to another person—there were three of them—it was a kind of surtout, or great-coat—it was similar to this one—the other two ran down Thomas-street—the cab was not two yards from the public-house—I looked into the public-house for the driver, and met him coming out—he went in pursuit of them, and I minded the cab.
Prisoner. First he said I had got the coat behind me. Witness. Yes, he handed it round him in a suspicious manner, or else I should not have taken notice of it.
Prisoner. I did not run till I heard the cry of "Stop thief," and then I saw a man running with it.
WILLIAM HENRY WOLLEN (police-constable G 230.) I produce the certificate of the prisoner's former conviction, which I got from the clerk of the peace, at Clerkenwell—I was present at the trial—the prisoner is the person—(read.)
GUILTY . Aged 17.— Transported for Seven Years.
MR. CHAMBERS conducted the Prosecution.
NORAH BATTEN . I am a widow. My husband died on the 26th of October, 1837—he carried on the business of a cheesemonger, in Ship-tavern-passage, Leadenhall-market, till his death—I have continued it since—the prisoner was in his employ, previous to his death, for nearly four years, I think, and he continued in my employ after my husband died—he bought and sold nearly all the goods—I dated some tickets, threaded
them, and hung them on nails, in different parts of the shop, for convenience—the shopmen were to take these tickets down, and put on them the article sold, the weight, and the price received, and then they were taken the last thing at night, or the first in the morning, and compared with the till money, to see that it was right—on the 27th of October, I gave Mr. Osborne 5l. in half-sovereigns, half-crowns, two shillings, and one sixpence, but I do not know what number of half-crowns—I did not see him mark it—on the Saturday following I saw him come into my shop—after he made his purchase I went round to the tills, I looked into the first, and there were not any half-crowns in it, I opened the second till, and saw four half-crowns—I knew they were four of those that I had given to Mr. Osborne, because they were of one coinage—I put these four half-crowns into my pocket, which was empty—I then went to the prisoner—he was behind the counter making out the ticket—he was writing when he was called away to serve another customer—when he went away he left the ticket on the counter, which he had begun to make out—I looked at it, and read it for 11 shillings—I shortly afterwards took it up, and delivered it to the officer, and it was the weight, not the price—it was 11 ¾ lb.—I delivered the same to the officer.
Cross-examined by MR. RYLAND. Q. Were there a good many customers? A. No, none but my friend—I had gone to a neighbour opposite to purchase a rabbit—I had not a full view of the shop, but I believe there was no other person—there were no other shopmen—it was an arrangement while the others were gone to dinner—that was part of the scheme—I did not see Mr. Osborne mark the money—I did not see it till I saw it in the till—I know they are the same, because I selected the coinage with the shield on one side—it is the die least in circulation—these are them—(producing them)—I sealed them up at the time—they were opened at the Mansion-house, and I sealed them again—the prisoner had lived in my service about four years—about two with my husband—my husband had a character with him, because he would not take a servant without.
MR. CHAMBERS. Q. Had you looked into the till shortly before? A. I had not left the counter the whole day, and where a half-crown was paid I removed them, knowing of this, and I had removed them not a minute before this took place.
THOMAS OSBORNE . I am an engraver, and live in Lombard-street. Mr. Renardson received 5l. in silver—I saw him mark several—I took 1l., in seven half-crowns, two shillings, and one sixpence—I went to the shop and purchased a ham of the prisoner—he asked Is. a lb. for it—it was weighed, and when it was weighed he gave me a bill of parcels—I agreed to give him 11d. a lb.—it weighed 15 1/4 bs., at 11d. making 14s.—I paid him five half-crowns, one shilling, and one sixpence—the five half-crowns were the marked ones—I had no others in my pocket—these are four of the half-crowns—I did not see what the prisoner did with the money.
DANIEL FORRESTER . I am a City officer. I was in attendance near Mrs. Batten's, and was taken in—I called the prisoner to the back-parlour, and told him he was suspected of embezzling money from Mrs. Batten's—she came in—I asked her what charge she preferred against him—she said "Stealing a half-crown"—he said he had a half-crown, and said he had received a half-sovereign in the middle of the week at Mrs. Batten's,
and changed it at Bow, and this was one of the half-crowns he had received—I took possession of it—this is it—(producing it)—Mrs. Batten delivered me this ticket—(read)—"One ham, 11 ¾ bs."
MR. RYLAND. Q. Had you marked them so as to know them again? A. Yes, before I paid them to the prisoner.
(The prisoner received an excellent character.)
GUILTY . Aged 49.—Recommended to mercy by the Jury.— Confined Three Months.
OLD COURT.—Tuesday, November 27th, 1838.
Second Jury, before Mr. Recorder.
GUILTY. Aged 40.— Confined Three Months.
GUILTY . Aged 20.— Confined Six Months.
MR. JOHN HOWELL . I am a malt factor, and live in Queenside. On the afternoon of the 27th of October I was in Thames-street, opposite Laurence Pountney-lane—I felt something at my pocket—I turned round, and missed my pocket-handkerchief—I saw the prisoner close to me on my right hand—I charged him with taking it, and took hold of him instantly—I found his hand in his right-hand jacket pocket, and found my hand-kerchief in his pocket, with his hand on it—I gave him in charge—this is my handkerchief—(looking at it.)
RICHARD CROUCHER . On the 27th of October the prosecutor gave the prisoner into my custody—I asked how he came to take the handkerchief—he said he was going to Billingsgate to meet his sister—that this was the first time, and that a boy had given it to him.
Prisoner's Defence. I was going down to my sister's at Billingsgate-a boy picked the gentleman's pocket, and chucked the handkerchief down—I took it up.
MR. HOWBLL re-examined. There was a boy who came up and said this was not the boy who took my handkerchief, but that it was another boy, who had run up Laurence Pountney-lane—but that was to take my attention from the prisoner.
GUILTY . Aged 14.— Confined Three Months.
9. MARY ANN WILLIAMS was indicted for burglariously breaking and entering the dwelling-house of William Reynolds, on the 13th of November, with intent to steal, and stealing therein, 1 coat, value 2l.; 1 pair of trowsers, value 15s.; and 1 waistcoat, value 5s.; the goods of John Crohnheim.
JOHN CROHNHEIM . I live at Mr. Reynolds's, Sun-square, Bishops-gate, and rent the back-parlour. On the morning of the 13th of October I locked the door and went out, and took the key with me—on returning, I found the things in confusion, my door broken open, and the window also—I missed a coat, waistcoat, and a pair of trowsers, which hung on a nail when I went out.
SOPHIA REYNOLDS . I live with my father, William Reynolds, in Sunsquare, Bishopsgate, Mr. Crohnheim occupies the back part of the house. On the 13th of November I came home, about a quarter past four o'clock—I heard a noise in the back-parlour—I looked through the key-hole, and then went into the yard—I found the window open, and saw the prisoner coming from the bed with some clothes in her hand, to the window—she said, "Where is Tom?"—I said, "You wretch, you are a. thief"—she said, "Mercy, mercy, I will give you any thing to let me go"—I shut the window down—she broke the glass, put her hand through, tore my bonnet, and scratched my face—when she found she could not get the window open, she broke the panel of the door, and put her head and shoulders through—we had a great struggle in the passage—I hallooed out for assistance, and the neighbours came and detained her—she said she would leave her shawl if I would let her go—when I first saw her she dropped some things by the window—I found all the things strewed about—the coat, waistcoat, and trowsers were on the floor by the window.
Prisoner. I told her I had only come into the water-closet—she opened the window herself and looked round the room—she struck me, and in striking her again my hands went through the glass—I was never in the room. Witness. She was in the room—there was no water-closet there.
JAMES HALL . I am a policeman. I was sent for to the house—I found the prisoner in the passage struggling with the witness—she said, "If you will let me go I will pay the damage done"—the back-parlour window was broken from within, as the glass laid in the yard—the prisoner's hand was bleeding very much—the room door appeared to be broken from within—these clothes were on the floor, and the room in confusion—the water-closet is quite distinct from the room.
NOT GUILTY .
BENJAMIN KIDMAN . I live in Upper Thames-street. On the 13th of November, about seven or half-past seven o'clock in the evening, I saw both the prisoners lurking about the prosecutor's shop, which is at the corner of Bush-lane, and directly opposite me—I saw Johnson go into the shop and take a piece of bacon out of the window—Cannon was holding the door open while he went in—when he came out they were going up the street together with it when I stopped them.
CANNON*— GUILTY . Aged 15.
JOHNSON*— GUILTY . Aged 14.
Transported for Seven Years to the Prison Ship.
SAMUEL TASSELL . I am in the employ of William Kipling, a hosier, in Cheapside. On the 17th of November I saw the prisoner enter the shop, take a piece of flannel, which was a yard and a half wide, from inside the shop, and run out—I ran after him and caught him—the watchman stopped him and I took the flannel from him.
The prisoner pleaded poverty.
(Property produced and sworn to.)
GUILTY .* Aged 24.— Transported for Seven Years.
(The prisoner had only been discharged from custody two days previous to committing this offence.)
MARY ANN STREET . I am the wife of James Street, and live in Maidenhead-court, Moor-lane. On the afternoon, of the 19th of November, I saw the prisoner in Moor-lane with a tub of butter—he put it down and sat on it for two or three minutes, and took his handkerchief and wiped his face-a carman came up and asked if I had seen any one with a tub of butter—I pointed to the prisoner-directly he saw the carman he ran away down the lane—I am sure he is the man—he appeared fatigued with carrying it.
Cross-examined by MR. PAYNE. Q. What time was this? A. Half-past five o'clock or twenty minutes to six—it was just between the lights, but there were plenty of gas lamps—I was only three or four steps from him-any body near me could see him go away when I pointed him out—I saw him again, not more than five minutes after, when the policeman brought him back—I do not think it could have been ten minutes—I was going for some candles, at the corner of Moor-lane—I looked at him for three or four minutes—it was not raining at the time—it was dirty—I had no suspicion at all—I thought he was very fatigued and looked at him—I was not three or four steps from him when I met the carman—I had been standing about in the middle of the road looking at him—I go out charing to the different halls and to the London Tavern.
WILLIAM WHITMILL . I am in the employ of Joseph and James Grieves, of New-street, Covent Garden. I was unloading a cart at Harrison's, in Fore-street, about half-past five o'clock—I saw somebody walking backwards and forwards with an umbrella—he kept looking at me, which roused my suspicion—I was taking in a side of bacon, and as I hung it on the scale the person peeped through the window—I asked the shopman to look after my cask of butter—he ran out and said it was gone—I immediately
ran out—the prisoner was not the one who looked through the window—I ran down Moor-lane, and asked Mrs. Street if she had met anybody with a cask—she said, "Yes, that man who is wiping his face, has just pitched one down"—I ran across and he was gone—I took the cask up and brought it back, but the man was gone away—I never saw the prisoner till the officer brought him afterwards.
Cross-examined. Q. You saw nobody sitting on the cask? A. No, or wiping his face—I did not see him till he was brought to me—the shop I was at, is at the corner of Milton-street, a very short distance from Moor-lane.
JOHN WADE (City police-constable No. 24.) I apprehended the prisoner on the 19th of November, at the end of Tenter-street, Little Moor-fields. When I brought him back, Mrs. Street was on the other side of the way, and before I said any thing to her, she nodded to me and said, "That is the man"—I said, "Will you have the kindness to come along with me to Mr. Harrison's, to see if the carman knows anything of him"—she followed and there identified him again, and finally at the watch-house—he was a very short distance from Mr. Harrison's when I took him, quite in the neighbourhood—he was going along with his hands in his pocket—I took him from Mrs. Street's description.
Cross-examined. Q. Did she describe his fustian jacket? A. No, it was green velveteen-not the same he has on now—it was in consequence of seeing him in a velveteen jacket that I went up and spoke to him—I asked if he had been in Fore-street—he said, "No"—I asked if he knew any thing of the cask of butter—he said "No"—I asked him where he came from—he said he had left the person down New Union-street, and if I would come along with him he would show me—but instead of going down New Union-street, he turned down Tenter-street—he then turned to the right, which is White-street—I asked him where he was going—he said, "I will show you the place directly"—he went on to the National Schools, where there is a turning which leads into the county—I knew if he got there I should have a good deal of trouble with him, and I would not go any farther, but brought him back, first of all to Mr. Harrison's shop, and then to the watch-house—he denied having anything to do with the butter—it was about eight or nine minutes from my seeing Mrs. Street to my taking the prisoner.
(Property produced and sworn to.)
GUILTY .* Aged 25.— Transported for Seven Years.
NEW COURT.—Tuesday, Nov. 27, 1838.
Fifth Jury before Mr. Common Sergeant.
GUILTY . Aged 17.— Confined Six Months.
hampers while I went down stairs to fasten up, about half-past six o'clock in the evening, I came up in three minutes after, and one cask, and one hamper, and thirty-six bottles of stout were gone—I have never seen the hamper since—the bottles and stout are not traced—this it the cask—(looking at it)—it is a quarter-cask—it contained port wine.
Cross-examined by MR. CLARKSON. Q. Was it not in the house? A. No—it was in front of the counting-house, on the top of an empty butt—the counting-house is up a court-yard—I saw it when I went down to lock up, and I saw it the next morning, at half-past nine o'clock, at a cooper's house, seven, or eight, or ten minutes' walk from my place—I have seen the prisoner in company with another person—I have known the cooper twelve or fourteen years—there has been a grape cut out of the cask, and an "A" over it, and one hoop was loose—the "A" and grape is a private mark we know them by—it is sometimes a "W" and a grape, or a diamond and a grape—I had sold this cooper things three years ago for Mr. Seymour—there was not a grape on any of those I sold him—they were dry casks, this was a wet cask-dry casks are what we have case wine in, one cask within another—this is worth about 5s.
JOHN NEWBERUY . This cask was brought by the prisoner to my employer, who is a cooper, on the 8th of November, about seven in the evening—he offered it for sale—I told him he might leave it till my employer, came home.
Cross-examined. Q. What is the name of your master? A. Mr. Voller—I did not agree to purchase it—he asked 6s.—I told him be could leave it till the morning—he said he wanted the money—he took it on his shoulder and walked away a few yards, then came back and said he would leave it—I did not know him before.
WILLIAM VOLLER . This cask was left at my house, and on the morning of the 9th I saw it—I heard that the prisoner had applied about ten o'clock for the money—I did not see him then—he came again at one, and wanted 6s. for it.
Cross-examined. Q. Did he tell you he had purchased it for half-a-crown, of a man near the White Bear, in King William-street? A. He did.
NOT GUILTY .
EMMA ANDREWS . I am single, and live in Carlisle-place, Marsh-gate, Lambeth. At half-past eight o'clock, on the evening of the 8th of November, I was in Bridge-street, Blackfriars, and had a parcel on my arm containing the articles stated, and the prisoner took it over my left shoulder—I am sure he is the man—I followed and did not lose sight of him—he was stopped in my presence, with my parcel on him.
Prisoner. She was a quarter of an hour, or twenty minutes after I was taken, before she came up.
THOMAS MEDHURST . I am a watchman of Farringdon Within. About half-past eight o'clock that evening, I heard a cry, and saw the prisoner in custody of a gentleman, with this property—the lady was close to him, and said, "That is the man that took it"—I took the parcel, and the prisoner—he tried very much to get away from the person who had got him.
Prisoner. I know nothing of it—I did not have the parcel at all.
GUILTY .* Aged 31.— Transported for Ten Years.
CHARLOTTE LIDYEAR . I am in the service of Mr. Myers, of Hounds-ditch—he lives next door to Mr. Hurley. On the 9th of November, I was down in the kitchen, at half-past six o'clock in the evening, and saw something rolled along the window—I looked up and saw two men undoing a bale of goods—the prisoner was one of them—I had a distinct view of him—I had occasion to be sent out, and I saw the prisoner take a bundle out of the bale—I went to Mr. Hurley's and gave information immediately—I believe some property was gone—I saw the prisoner again at the Mansion-house, and knew him to be the man.
Cross-examined by MR. PHILLIPS. Q. Do you mean to swear that you immediately knew him? A. Yes; I said I knew him by his make, and by his having a frock-coat on, and I saw his face, as he was taking the bundle from the bale—I believe I told that to the Lord Mayor-what I said was read over, and I signed it—I remember about the frock-coat, and the make, being read out to me—I had never seen him before—it was dark.
COURT. Q. Had you an opportunity of seeing his face distinctly? A. Yes, as he raised the bundle from the bale.
ALFRED BROTHERTON . I live with Thomas Hurley, next door to Mr. Myers. Lidyear came'to me, about half-past six o'clock, and I saw the bale was cut open, and one piece taken out—I met Mr. Evans, and made inquiries of him—I went after the prisoner—he was standing resting himself—I saw him run away—I followed, and he was taken, but nothing was found on him—he was near enough to hear what I said to Evans—I said, "Did you see a man running with a piece of cloth?"—he said, "Yes, that is the man"—this is my master's cloth—(looking at it.)
Cross-examined. Q. Where was it found? A. In Church-passage, that was near to where the prisoner was standing—I suppose he was two or three yards from me when Mr. Evans spoke—I have no doubt he heard what he said—I saw no cloth with the prisoner, it was on the ground.
REV. GEORGE EVANS . I was in Houndsditch, at half-past six o'clock that evening. I saw a man carrying a bale of cloth across the road, before him—I followed him—I pointed out that man to Mr. Brotherton—I should not know the man, but he threw down the cloth, and I pointed him out.
Cross-examined. Q. Did you see any other man? A. Yes, a number of people, but not in connexion with him—I pointed out the man who carried it, to the witness.
GUILTY . Aged 28.*— Confined One Year.
CHARLES HARRISON . I am in the prosecutor's employ, and live in Beech-street. We had a cloak at the door-two men took it—I followed them, and saw the prisoner with it—I called, "Stop thief"—I followed, and he threw it away—this is it—I am sure he is the man.
Prisoner. Q. Did you see me throw it away? A. No; I saw another, man give it him, and I saw him carry it—the prisoner ran round the corner, and I followed him—I saw him stopped by a man.
RICHARD HARRISON . I live in Wood-street, Old-street-road. I was going along Beech-street—I heard the cry, "Stop thief"—I saw the prisoner, with a cloak on his arm—he threw it down, and ran—I pursued him—he put his foot between my legs, and threw me into the mud—I have been ill ever since.
Prisoner. I never saw the cloak till it was brought to the watch-house. Witness. I saw you throw it down, and you threw me down—when I got up again I followed you, and saw you in the hands of an officer.
GUILTY . Aged 22.— Confined One Year.
17. JOHN NEAL was indicted for stealing, on the 26th of October, I jar, value 6d.; 7 quarts of pickles, value 5s.; 1 brush, value 1s.; 3 sticks of sealing-wax, value 3d.; 6 oz. weight of stone-blue, value 6d.; and 1 wine-glass, value 6d.; the goods of George Batty and another, his masters.
GEORGE BATTY. I am an oilman. The prisoner has lived with me and my partner eight or nine months-as we lost these things, we fad his lodgings searched—the jar, and mixed pickle, and cabbage are mine—the rest I cannot identify.
Cross-examined by MR. PHILLIPS. Q. You had a good opinion of him? A. Yes—the cabbage had evidently been in vinegar but a very few hours—it had only been cut up on the afternoon on which these goods were discovered—I should not know that cabbage if I saw it elsewhere, but the mixed pickle I can tell from the preparation and the cutting of it—it is in a bladder—I have no mark on the bladder-a bladder was placed in the warehouse for the purpose of taking away, which agrees with this, but I cannot swear to it—I cannot swear to the brash—I have no doubt of it.
COURT. Q. What is the reason you believe it yours? A. It is a description we seldom sold, and when I had my premises rebuilt, I had the brushes cleaned with glass paper, and this bean the appearance of it.
CHARLES PARTON . I am an apprentice to Mr. Batty. The prisoner was called into the counting-house on the evening of the 26th of October, and told we suspected him, and asked if he would go to his lodgings in Angel-alley, Cripplegate, which we did—the prisoner went into the room first, and taking up this bladder, he said, "Here is a bladder of mixed pickles, and here is a jar," and gave them to the constable—he unlocked a box—I saw a brush which I thought was ours—I took it into my hand and saw it was, and those other things—we lost two wine-glasses about two months ago exactly resembling this one.
Cross-examined. Q. Are you aware that some of the men used to go and drink in his room? A. I believe one of them did, who worked on the premises—the prisoner gave every facility to my going.
other things—I asked if he had got any things of Mr. Batty's, and he produced these things.
Cross-examined. Q. Did he not say that he had not taken these pickles? A. He did—there was a man that used to dine at his house—he did name him, hut I do not know what his name was.
MR. PHILLIPS to CHARLES PARTON. Q. Did you hear the man's name mentioned? A. Yes, Moses was his Christian name—he said that he dined with him sometimes—he did not say he brought the things there—I do not know that he mentioned his name then—I have heard that this man dined with him sometimes—I cannot recollect whether the prisoner told me so—he said he had not taken the pickles into his room—he said that he had had that brush for years—it could not be so.
Q. Will you have the kindness to account to the Jury why you told them that he mentioned Moses's name? A. I might have said so in the hurry of the moment, without understanding the question—Moses is at present at work with us, and could be here—I cannot say exactly how long it is since I have seen this brush, but I have since the prisoner has been with us—it may be about four or six months.
NOT GUILTY .
WILLIAM FREEMAN . I live at Welwyn, in Hertfordshire. The prisoner worked for me on the 15th of November, part of the day, and I discharged him—I have lost two spoons—these are them—(looking at them,)
RICHARD SAVAGE (City police-constable No. 56.) About nine o'clock, on the 15th of November, I saw the prisoner in Cripplegate—he was speaking to a Jew, offering something for sale—I walked towards them—the Jew walked towards me and spoke to me—I went and asked the prisoner for the spoon he had been offering to the Jew—he took it from his right pocket and gave it me—I took him to the watch-house, searched him, and found another table-spoon on him—I took him before the Alderman—he was remanded till Saturday, and we sent to the prosecutor—the prisoner said he had found them on the road, in a piece of brown paper—I asked where—he said, "Near Squire Carter's house," which is on the road to Welwyn.
Prisoner's Defence. I saw a piece of paper on the road, and it had these in it.
GUILTY . Aged 16.— Confined Six Months.
THOMAS RAWLER . I am gatekeeper to Mr. Edward Pontifex and others, copper-smiths in Shoe-lane. About one o'clock, on the 8th of November, the prisoner was going out of the gate to dinner—I called him back, and told him to wait—he did not wait, he went to the water-closet—I followed him, and he was emptying the contents of one of his pockets down the water-closet—I seized him, and found in his other pocket this copper and brass—I believe it is my master's—it is worth 6d.—he had thrown some down-a boy was let down, and found these other pieces of metal.
Prisoner's Defence. I pulled off my jacket to go to work, and at dinner-time I put it on—I was called back, and in the pocket was the copper, which I am innocent of stealing—I am sure some one who wished to injure me must have placed them there—I have borne an undeniable character for honesty.
GUILTY . Aged 20.— Confined Six Months.
OLD COURT.—Wednesday, November 28th, 1838.
Third Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 59.— Transported for Seven Years.
GUILTY . Aged 85.— Confined Six Months.
Before Mr. Justice Park.
22. SAMUEL BARKER was indicted for stealing, on the 7th of April, 412 yards of kerseymere, value 1032.; and 22 yards of woollen cloth, value 14l.; the goods of the St. Katherine's Dock Company; and SAMUEL FLETCHER , senior; SAMUEL FLETCHER , junior; JOHN FLETCHER , GEORGE FLETCHER , and ELLEN FLETCHER , as accessories before the fact. Other COUNTS, charging the Fletchers as receivers.
MESSRS. PHILLIPS, CLABKSON, and BALLANTINE conducted the Prosecution.
WILLIAM BROOKS . I am in partnership with Samuel Swift, of Huddersfield; we are manufacturers of cloth. On the 31st of March a quantity of black kerseymere and a piece of broadcloth were packed in a bale, directed to "Moore, James, Tate, and Co., merchants, London"—it would be sent by a carrier to Leeds, and would be forwarded from Leeds by the railway to Selby, and then by steam to Hull, and then again by steam to London, in a different boat I presume—the value of it was 117l. 16s.
Cross-examined by MR. THOMAS. Q. "What is that paper you have? A. A copy of the invoice—I did not see any direction put on the bale.
LYTE POOLE . I live in Burr-street, Wapping, and am a clerk at St. Katherine's steam-wharf. On Thursday, the 5th of last April, a trass, directed to "Moore, James, Tate, and Co.," arrived by the Enterprize steam-vessel from Hull—I saw it landed—I know the prisoner Barker, he was at that time delivery-clerk to Mr. Dale, who is the carman of the wharf—Barker was on duty in the wharf when the bale arrived—I have no recollection of his being near—the wharf is rather large—he was generally
there all day, that is why I say he was there—he was probably there—I remember, on the 5th of March preceding this 5th of April, three packages arriving, directed to "G. Fletcher," it was a box, a crate, and a bag—I do not know George Fletcher—I have not seen either of those three packages since they were landed—when things are taken from the wharf, it is ordinarily done under an order-those orders are filed, unless the bales are fully directed to the name and residence of the party—these were directed with a name, without a residence—the bale on the 5th of April was directed "Moore, James, Tate, and Co., Cheapside," on a card—we intended to send it in due course on Monday.
JAMES WELCH . I live in Savage-gardens, Tower-hill, and am shipping-clerk at St. Katherine's Wharf—I know Barker—I have some recollection of his coming to me on the 7th of April, to make out a cart-note, for some packages belonging to Fletcher—a cart-note is a note that goes with the goods for the charges—I made it out, and gave it to him—he had a delivery-book, which he brought to me, and took it away with him—(produced)—there is a corresponding entry made in the delivery-book—this is the book and the entry—I have seen Barker write, and believe this entry to be his writing.
Cross-examined by MR. THOMAS. Q. Was it necessary you should make any entry in any book? A. No; only the charges in the note—I have been speaking of the three packages—I do not know what they were—I did not see any card or direction on them—Barker might get them out of the wharf without my signature, but not regularly, according to the practice of the wharf—his duty was to see the things loaded into the cart, and to take an account of them, and bring it back to us to make out the deliverynote—he would get the order forl oading away, from Mr. Wright—he would not have to get any thing from Mr. Dale—Mr. Dale has nothing to check the orders given by Barker, but this book, which has been produced—that is Dale's book—the carman brings the book to Barker—there are several carmen—Mr. Dale has the contract for the carting—Wright has a check on Barker—I do not know whether Dale checks off what business he does—I should think he would see this book—it would come in the course of practice from Dale to Barker—Dale would give the book to Barker, and as Barker loads the things away, he would enter them in the book, and bring it to us to enter the charge—I have no recollection on this occasion of his bringing this book—Mr. Wright generally watches the goods taken away, when he is not absent—he was absent, and I was at the wharf—Barker brought the book to me, but I did not see the goods at all.
MR. PHILLIPS. Q. Suppose Barker produced this book, was it his duty to enter in it the number of packages he took away? A. Yes; if he took away four packages he would not be performing his duty if he entered only three—the entry is, "7th April, G. Fletcher, at Mr. Adams's, George-street, Whitechapel, three packages"—the order given was to take away hree packages, and the charges were made on them, no more.
COURT. Q. This entry has various columns—there appears a great number sent out on the 7th of April? A. Yes.
WILLIAM HAWKINGS . I am in the service of Moore, James, Tate, and Co., Cheapside, merchants. In the early part of April last we expected a bale of goods from Brooks and Co., of Huddersfield—it did not arrive at all—the prisoners are not at all connected with our house, and never had any authority to remove a bale for us—I never authorised any of them to do so.
JOHN BUTLER . I was a carman to Mr. Dale, last April. In the course of April I took three packages, a crate, a kind of woollen bale, and a truss, to Mr. Adams's, in Wentworth-street, at the corner of George-street, White-chapel—I received them from Barker, down at the St. Katherine Steam-wharf -as I went up from the wharf, after I had loaded, I took a box, besides the three packages, to Mrs. Miller's, at the Queen's Head, Tower-hill—Barker gave it to me, before I left the wharf, to take there—I asked him if it was entered in my book, he said it was not I that was to leave it there, and he would call and let them know about it when he came from the wharf—he said if I carried it up there, he would give me something to drink for taking it—I told him I did not know the Queen's-head by that name—he asked if I knew the house called "the Rendezvous"—I told him I did—he said I was to leave it there, which I did, and took the other goods to Adams's—there is a great deal of difference between a truss and a bale; a truss is larger—this weighed about 2 1/2 cwt.—when I got to Adams's, Thoroughgood, Adams's servant, helped me to unload the goods-old Mr. Fletcher, the prisoner, Was there, and some old lady—he paid me the money, 1l. 14s. 9d., I think, and signed my book-under the words, "By whom received," he wrote, "G. Fletcher"—Barker had Said that the gentleman would meet me there, when I got there with the things—I only delivered three at Adams's—I left the box at the Queen's Head.
Cross-examined by MR. THOMAS. Q. What sized box was it? A. A little like a sailor's large chest—it was a middling weight—I cannot say who lifted it up in the cart—there were people there assisting me—I do not know who they were—I am not acquainted with the sales that take place at the Docks.
Cross-examined by MR. PRENDERGAST. Q. Do I understand you that the name George Fletcher in this book is signed as receiving the goods? A. Yes, and he paid me the money, and gave me the odd three pence to get Some beer—I delivered to him the goods I was directed to deliver-as far as I know, Fletcher never saw the box—I left it at the Queen's Head before I went to Fletcher's—I cannot say whether the box was directed to George Fletcher—my orders were to leave it there—I cannot say whether the goods I delivered to the prisoner were directed to him—some goods which come to the Docks have only marks, and some are directed—I do not know how any of them were directed—I was not to inquire for any particular person by name at Wentworth-street—my orders were, a gentleman would meet me there, and pay me the money.
MR. BROOKS re-examined. I should say the bale I sent weighed 2 1/2 cwt.
SARAH MILLER . My brother keeps the Queen's Head on Tower-hill—it goes by the name of the Rendezvous. I remember a carman bringing a chest or box to my house one Saturday—I cannot say exactly whether there was any direction on it—I saw it put into the tap-room—I remember Barker calling that Saturday evening, and I told him there was a chest for him—I believe he said, "D—the chest, I wish I had nothing to do with it"—it remained in the house till the Monday, when Barker came again, about two o'clock in the afternoon, with old Fletcher—Fletcher took the chest out at the back door, and put it into a cart, and Barker went out at the front door—they had some refreshment at our house, which they partook of together, and the cart drove off—Fletcher went with it, and Barker went out the other way.
Cross-examined by MR. PRENDERGAST. Q. The elder Fletcher is the person you saw with Barker? A. Yes—I pointed out the box to Barker—ours is not a house where packages are often left, but when it was brought I thought it was a sailor's chest, and it was put into the cellar till the Monday—I have no particular acquaintance with these persons—we often have sailors lodging at our house—Barker lives next door to me.
COURT. Q. Did you know what his occupation was? A. No—I have no doubt he is the man who came on the Monday.
Cross-examined by MR. THOMAS. Q. Was the box very large? A. I did not take particular notice—one man lifted it up—Fletcher brought it out of the cellar—it took two men to take it down into the cellar, and two men brought it up.
RICHARD THOROUGHGOOD . I am in the service of Mr. Adams, of George-street, Spitalfields. I know the Fletchers, the father and the three others-three packages were brought to our place by Butler—one was a large bale, which appeared to be soft like wool—one was a crate, which appeared to be china, packed with straw, and the other a hard package, which appeared to be cloth—it was a close, flat, narrow package—I observed a hole in the covering of the hard package, and saw dark cloth through it—after they had arrived, the elder Fletcher came with Mitchell, and a town cart, to take them away—that was about four o'clock in the afternoon, I think—he lives over at Temple Mills, towards Stratford—he helped to load them—he asked the carman if there was convenience to ride—Fletcher went away first towards the public-house, and the cart went after him.
Cross-examined by MR. PRENDERGAST. Q. What day was this? A. On a Saturday—I cannot say what day of the month, but it was in April—I do not know whether the female prisoner is the wife of George Fletcher—I believe they live together as man and wife—I never saw her before.
JOHN MITCHELL . I live in Mayfield-buildings, Prince's-square, and am carman to Mr. Bryant. One Saturday evening, I believe, the 7th of April, the witness John Tibbs came to my master's for a horse and cart—I went with it as driver—I went to Mr. Adams, in Wentworth-street, Whitechapel—Tibbs went with me—when I got there I saw Fletcher, senior—he told me to back my cart in the gateway, and he assisted in loading the things—one was a large bag, which, to the best of my recollection, contained wool—the others were a small bale and a crate—I drew outside the gateway, and we all three had a pot of beer—Fletcher, Tibbs, and myself—I drew up to a public-house in Wentworth-street, and had the beer—they asked me if there was room to ride on the cart with me—I said there was, and they rode—we drove on to Three Colts-lane, Hackney—Fletcher, senior, got off there, and said he was going across the fields to his factory—Tibbs and I followed there with the cart—when we got there, Fletcher, senior, got up on the cart again, and we proceeded to Temple Mills—the cart was there unloaded by John Fletcher—Samuel Fletcher and Tibbs likewise assisted—they took the small bale and the large bag in-doors, and left the crate outside—Fletcher, senior, paid me for the cartage.
Cross-examined by MR. PRENDBRGAST. Q. You are a regular carman, are you? A. Yes—I never knew Fletcher before—I was hired at Mr. Bryant's house.
there to deal in flocks and rags—I know the elder Fletcher—I have gone to town with him from Temple Mills to a great many places, and among other places to St. Katherine Docks, and I remember on one occasion his pointing Barker out to me—he told me to go and tell that person he wished to speak to him in the public-house—I did so—he came, and they went to the public-house together—I waited in the street—Fletcher did not tell me any thing at that time, but he told me another time, that he expected Barker would get some goods for him from St. Katherine's wharf—that he had got some of his own goods coming out of Yorkshire—I went to town with old Fletcher on Saturday the 7th of April—he said there was a bale of goods coming with his from St. Katherine's wharf—I went with him to Handley's public-house in Wentworth-street—he said he expected to find the goods that were coming to him from the dock, at Mr. John Adams's—I went to Bryant's to get a cart—Mitchell drove it—we brought the cart up to Handley's, and some goods were put into it, but I did not see them put in—I saw a bale, a bag, and a crate in the cart—Fletcher gave the man, who delivered the bill for the cart, a pot of beer—Fletcher, I, and Mitchell then got into the cart—when we got to Three Colts-lane, Fletcher got out, and went across the fields to Mr. Adams's factory, at Hackney-wick—I and the carman went on in the cart to the end of Mr. Adams's premises, and waited there till Fletcher came—we then went to Temple Mills with the goods, all three in the cart—the crate was there taken out, and left outside—the bag was taken into Fletcher's parlour, and the bale was taken up stairs—I went into my own house—about nine o'clock that evening I went to Fletcher's—I found Fletcher and his sons George and John there—I do not recollect whether Samuel, junior; was there or not-old Fletcher said his sons were going to take three pieces of kerseymere up to town, to pledge, and would I go with them—I went with them at nine o'clock that evening to Dalston, and tried to pledge the goods at a pawnbroker's there—I should not know his name—he would not take them in, and we went on to London with them, in an omnibus—the kerseymere was on the front—we got down opposite the Flower-pot, in Bishopsgate-street, and tried to pledge them at the corner of Budge-row, Watling-street—we walked all that way-sometimes one carried the goods, and sometimes the other—they would not take them in there—I do not remember the pawnbroker's name—we then went over to the Borough, and John Fletcher pawned one piece of kerseymere there—I was with him—I believe the pawnbroker's name was Thomas—George and John asked me to pledge a piece in the Dover-road—I went to a pawnbroker's, and came out without pawning it—I told George and John what I was offered for it—I think it was 2l. 10s.—they told me to go in and take the money—I did so—they remained outside—I gave the money and ticket to one of them, I will not be certain which—they were both in company-John afterwards parted with us, and I and George went home to Temple Mills together that night—on the Sunday the prisoner Barker came down there in a gig, with his wife, and when they were going away, a piece of black kerseymere was taken away by Barker, in the gig—I afterwards went into Fletcher's, and old Fletcher told me Barker had taken one piece of kerseymere up to town with him—some days afterwards, old Fletcher asked me to borrow a horse to go to London—I did so, at Lowe's livery-stables, at Kingsland, and Fletcher borrowed a cart of Mr. Ritchie—he told me he wanted it to take four pieces of black kerseymere, and one piece of broadcloth,
up to London, to Horabin's, the tailor's, in Great Winchester-street—I and my wife went with him, and Mrs. Fletcher—we left the cloth and kerseymere at Horabin's—Mr. Fletcher was in the cart—I saw Mr. Horabin there—I went away and came back again, and Mr. Horabin was then measuring the cloth-old Fletcher was with him—I and my wife went back with Fletcher and his wife in the cart, and had tea there—some few days afterwards, Fletcher, sen., asked me to borrow a horse and cart of Chill man—I did so, and Chillman went with me to London-old Fletcher told me Chillman was not to go with the horse and cart, but Chillman said he would not let it go without he went, and he did go-a truss of black kerseymere was put into the cart—I think six, or seven, or eight pieces were taken on that occasion—Fletcher, Chillman, and I went to town—we went to Fox-buildings, Kent-street, Borough—Fletcher desired us to take the cart round the back-way, to his son John's premises, to the back of his garden, with the cloth in it—there was no garden-gate—we pulled the palings down at the end of the garden, there being no gate—the bale was taken out of the cart, and taken into John Fletcher's house—I helped to carry it—the bale was then cut open, and contained black kerseymeres—I helped to carry them up stairs—I believe the female prisoner is John Fletcher's wife—she pawned some of the things-her husband was not there when she took them for the purpose of pawning them—on one occasion, Fletcher sent me to Grant's, in London-wall, to pledge, I think, two pieces of kerseymere—that was after going to young Fletcher's garden—they were two pieces which I got from Horabin's, which he did not buy—I pawned them in the name of "John Lodge, 41, Bow-lane," by Fletcher's desire—I gave the money and ticket to him—he asked me to lend him 2l., at the latter end of April, after all this pawning, to pay Barker, on account of the kerseymere—he afterwards asked me to lend him 15l.—I said I would—that was on another day in May—I did not do so—he told me he had made an appointment with Barker to meet me at the Steam-boat public-house, St. Mary-at-hill, at one o'clock in the day—I went to that public-house, waited there a few minutes, and Barker came in—he told me he would not stop there, because I was known—I went from there to Pudding-lane, and he asked me if Sam Fletcher had sent me up to pay him the 15l.—I told him he had—he said, well, would I give him the money?—I said yes, if he would give me an acknowledgment for it—he said no, he would not, and I would not let him have the money, but I lent him 2l.—I cannot recollect what day of the week this was—he said he would come down to Fletcher's, and I saw him there afterwards—he and old Fletcher were together—he told Fletcher I would not let him have the money—Fletcher asked me to lend him five sovereigns, to give to Barker—I did so, and he gave them to Barker—I saw him give him some money, after I lent him the 5l.—I cannot say whether it was the whole-a few days afterwards I saw them together again, and Fletcher asked to let him have 10l. more, for Barker to pay for the kerseymere—Barker was present—I got two "I. O. U.'s" from Barker, for fear Fletcher should not pay me again—they were signed "S. Barker"—I have not got them—Barker came down afterwards, and said he had another truss of goods, and if I would give him the "I. O. U.'s" up, I should be paid when that was sold, and he burnt them in Fletcher's fire—Fletcher was present then—I was down at Temple Mills on one occasion, when Barker and old Fletcher had a conversation about a card—I cannot exactly say when it was—it was after the
pawning—Barker told Fletcher, in my presence, that the first bale of goods that came out of the Docks he cut the card off George Fletcher's truss, or that he had made a card and had sewed it on the truss of kerseymere which came out of the wharf on the 7th of April, with George Fletcher's direction on the card, and that he had put a large box, belonging to George Fletcher, on one side—I do not recollect that old Fletcher said any thing to that.
Cross-examined by MR. THOMAS. Q. What are you? A. I call myself a general dealer—this is not the first time I have mentioned about the card—I have bought horses, cows, pigs, and rags—I dealt in all occasionally at the same time—I have carried on that business at Temple Mills since last March, till the time I was taken on this charge—I live in a cottage which the mills have nothing to do with—the Fletchers live in one of the cottages belonging to the mills, and I in another—I do not keep any shop—it is a private cottage—that is where I carry on my horse-dealing—I bought a horse last June, in the Borough—I have bought four horses during the last four months, and six pigs—I cannot say how much rags, as the officer took the receipts away from me—I deal with Beechley, in the Borough-road, for rags—he keeps a rag warehouse—I do not think he is a marine-store dealer—he has a large warehouse at the back of his premises—I used to buy my rags of him to grind into flocks at the mills—I have done about 40l. worth of business with him in the last twelve months—I lived nine years in Dean-street, Holborn, as a grocer, for myself—I left that because Mr. Fletcher came to me several times, and said if I sold the lease of the house, and went into partnership with him, I should do extremely well—I have known Fletcher twelve months last July—that was one reason for my leaving business-another was, I got into debt—I have had to go through the Insolvent Court—the last time I went through, my debts were a £20 bill—that was all—I have been three times through the Insolvent Court—the first time my debts were, I think, between 300l. and 400l.—my customers did not get any dividend on either occasion—my debts the other time were 600l. or 700l.—I think that was in 1833 or 1834—I have never been a bankrupt—I compounded with one creditor, who put me into White Cross-street—I do not recollect any other occasion—I believe I compounded with one Bond, also—I do not recollect having done so with any other-1837 was the last time I went through the Insolvent Court—I came out in November—that was for the £20 bill, which was in my former schedule.
COURT. Q. And yet you lent 15l. In April? A. Yes.
MR. THOMAS. Q. Were you heard the day you came out of prison? A. I believe so—I was not remanded at all—I was opposed on the last occasion.
Q. What means had you from November to April of getting money to make the loan? A. I received a dividend of my wife's daughter, at the Bank of England, the day I went to Horabin's, it was 11l. 16s. 2d.—it was paid to me—it was my wife's daughter's money—she is nineteen years old—I swear I have only been three times through the Insolvent Court—the first time I was in White Cross-street, Thomas Rawlins put me in—it was for debt—I believe that was in 1832—I paid him 40l., and he gave me my discharge—I believe his debt was 150l.—the second time was by a person named Bond, I think the next year, or the year after—I got out then by signing a cognovit—I do not recollect the amount of his debt—it
was in 1832 or 1833—I was in prison three or four weeks—I never paid that debt—on the third occasion, a person named Jeff arrested me—I do not know how much for—I did not pay him—I went through the Court—I was never taken up on any charge but debt—I am sure of that, except this time—I am now in custody—I have come from Clerkenwell New Prison today—I am in custody for want of sureties for 400l.—I have never been in custody for any crime but this—nor charged—I was never charged with, or indicted for perjury-no such charge was ever preferred against me, to my knowledge—I have never endeavoured to make myself master of my daughter-in-law's property in the Bank—I borrowed 200l. of her property in the Bank from Sir Winifred Jarvis—my daughter-in-law's name is Rosina—the money in the Bank belongs to her when she arrives at twenty-eight years of age, if not, to me and my wife—Sir Winifred Jarvis lent me 200l. on that security—I did not make an attempt to assign that entirely away—I paid him five per cent.—that was since I went through the Insolvent Court—it was this year—I think my daughter-in-law signed her name to the deed, but I am not certain—the money was advanced to me when I signed—Mr. Braddon, Sir W. Jarvis, my wife, myself, and I believe my daughter-in-law were present—I did not sign her name for her, nor ever did-no charge was ever preferred against me by Phipps, a saddler, for larceny—I know Phipps of Holborn—he never made any charge against me to my knowledge—I never heard of it—he did not to me personally—I never recollect any thing of the kind—my daughter-in-law's money stands in the names of Blundell and myself—my wife is the executrix, and Blundell the executor—I borrowed money on the amount—I am not certain whether my daughter-in-law signed the deed—I believe she did—I believe Sir Winifred Jarvis is a barrister in Lincoln's Inn—I was taken to him by Mr. Braddon, who is an attorney.
Cross-examined by MR. PRENDERGAST. Q. Have you ever stood in the position the prisoners do on this occasion? A. At Lambeth-street in this case, but on no other occasion—I was never indicted for perjury—I am a married man, and lived with my wife up to the day I was taken—my wife had a daughter by a former husband—I have not lived with that daughter as my wife, nor had children by her—I have always lived with my wife, and the daughter with us—I have never lived with the daughter as my wife.
Q. Have you had children by that daughter? A. I cannot say, sir.
COURT. Q. Do you mean that on the solemn oath you have taken? A. She has had a child—I cannot say whether by me—I believe it to be by me.
Q. On your solemn oath have you been guilty of incestuous conduct with that woman? A. I will not take an oath about it.
JAMES CHILLMAN . I am a carman, and live at Temple Mills—I know the prisoners. On the 11th of April, Tibbs called on me about a cart, in consequence of what he said to me, I got my cart ready on the morning of the 12th—I went to Stratford, and from there to Whitechapel—Tibbs and Fletcher, sen. went with me in the cart—we stopped in Whitechapel—Fletcher left there, and said he was going down to Mr. Adams—he came back in about a quarter of an hour, got into the cart, and we went to Fox-court, Kent-street, Borough—Fletcher and Tibbs there got out of the cart and went round—they then came and told me to take the cart round to the back of the building on a piece of waste ground, and they would take the
pareel out that was in the cart—it was a small truss which we brought from Temple Mills—it was put into the cart by one of Fletcher's sons, I cannot say which, in Fletcher and Tibbs's presence—I saw that truss taken into John Fletcher's house—I went with it—John Fletcher was not there at the time—the female prisoner was—Tibbs and old Fletcher took down the fence to get out an engine, which I was to take back—I saw a bale go into old Fletcher's house at Temple Mills on the Saturday night, the 7th of April, such as cloth is usually wrapped in, but I cannot say it was cloth—it came in Bryant's cart—I read Bryant's name on it—it was between five and six o'clock in the evening—the witness who has been examined was the carman—one of Fletcher's sons, I cannot say which, helped to unload it—I stood thirty or forty yards off, but the letters on the cart were white, and I could read them—I saw John Fletcher helping to unload the cart—I did not see any body in the cart—I saw the carman get in when he went away—I saw old Fletcher there, at his house—I know Barker by seeing him come down to Temple Mills—I have seen him down there several times since the 7th of April, not before—I may have seen him there five or six times at Fletcher's house, which joins Temple Mills—I have seen old Fletcher at the White Hart public-house, in company with Barker and Tibbs—I saw Fletcher and Barker there on Whit Monday night—I did not see him there when the cart came on Saturday—it was about two months afterwards.
WILLIAM PARR . In the beginning of April, I lived with Mr. Thomas, a pawnbroker, in Blackman-street, Borough. I produce twenty-six yards and a half of black kerseymere, which were pawned at our shop on the 7th of April, about four or five o'clock in the afternoon, as far as I can recollect, by John Fletcher, for 4l., in his own name; also twenty-five yards of kerseymere, pawned on the 14th of April, by Ellen" Fletcher, in her own name, about the after-part of the day.
WILLIAM CLARK . I live at Mr. Grant's, a pawnbroker, in London-wall. I produce two pieces of kerseymere, measuring forty-nine yards, which were pawned at our shop on the 20th of April, by Tibbs, for 7l., in the name of John Lodge, No. 41, Bow-lane, as near as I can recollect, between two and three o'clock-another piece of twenty-five yards and three-quarters was pawned on the 12th of April, by Tibbs, for 4l., and two more remnants of fifty-four yards, by Tibbs, on the 14th of April, for 7l.—it was all pawned in the name of Lodge—the two last pieces have been redeemed—I cannot say who by—it was not Tibbs.
GEORGE WORLEY . I live with Mr. Walmsley, a pawnbroker, in High-street, Borough. I produce nine yards and seven-eighths of black kerseymere, pawned on the 4th of August, for 1l. 12s.—I think Midgley pawned it—(I know him)—in the name of John Fletcher, No. 2, Fox-buildings—on the 7th of April, another piece of black kerseymere was pawned for 4l.—I think it was in the evening, but cannot be positive—I think that was pawned by John Fletcher, but I am not positive—I believe it was pawned in the name of Fletcher, but I have not the ticket, as it was redeemed on the 23rd—I cannot say who redeemed it, or who pawned it, or what quantity it was—I think it was pledged about seven o'clock, but I cannot be positive of the time—we keep open shop till eleven o'clock on Saturday night.
pawned at our shop, on the 28th of July, for 4l. 4s., by Midgley, is the name of William Bates, No. 36, Berwick-street.
JOHN CRESSWELL . I am a pawnbroker in Blackman-street, Borough On Saturday, the 7th of April, twenty-two yards and a half of kerseymere were pawned at our shop, about nine o'clock in the evening, in the name of John Lodge, No. 41, Bow-lane-two persons brought it—I am certain Samuel Fletcher, jun. was one, and I believe George Fletcher was the other—it was pawned for 3l. 10s.—it was redeemed on the 1st of August, by Samuel Fletcher, sen.—I am quite certain of his person—I did not know him before, but I asked him where he got the ticket from—he said he had purchased it—on the 14th of April, twenty-four yards and a quarter of kerseymere were pawned by Ellen Fletcher, for 4l., in the name of Ann Fletcher, for John Nicholson—it was redeemed again on the 16th of July—I do not know who by.
HENRY CRICK . I am in the service of Mr. Dicker, a pawnbroker, in Roebuck-terrace, New Dover-road. I produce twenty-five yards and three-quarters of kerseymere, pawned on the 14th of April, for 4l., by Tibbs, in the name of John Merrigan, No. 2, Fox-buildings—I had another piece pawned the same day, about twenty minutes afterwards, which was redeemed on the 7th of July, by the elder prisoner, and another I do not know—it was the same quantity as the other.
THOMAS COULDEREY . I am a tailor, and live in White-street, Borough. I know Barker—he called on me about the middle of last May, about some black kerseymere, which was brought in my absnce—I saw him Afterwards, and bought it of him for 6s. a-yard—there was six yards and three-quarters—he said he had had it from a dyer in part payment of a debt—I used one yard and three-quarters, and pledged the five yards remaining with Cogswell.
THOMAS COGSWELL . I am a pawnbroker in Deverill-street, New Dover-road. I produce seven yards and a half of kerseymere, in two remnants of five yards and one-eighth, and two yards and three-eighths, pawned in the name of Thomas Webster, by Coulderey—I have kept it ever since—one is black, and the other what is called wool-dyed—they are both black, but the five yards one-eighth is not wool-dyed.
Cross-examined by MR. PRENDERGAST. Q. He gave you the name of Thomas Webster? A. Yes, No. 7, Baalzephon-street—I had seen him once before—I did not know his name—it was between nine and eleven o'clock on the 20th of August.
MR. BROOKS re-examined. I have no hesitation in saying this kerseymere is our manufacture, but there is no mark by which I can swear to it positively as being what we sent at that particular period—I have no particular mark on it—I have no doubt it is our manufacture by its character and general appearance—we make some hundreds of pieces of this sort in a year, and it may be any one of those hundreds—this is worth 5s. a yard wholesale—I have no doubt a tailor would charge 7s. for it—I would not positively swear it is my manufacture at all—this piece produced by Worley, nine yards seven-eighths, pawned on the 4th of August by Midgley, I can positively swear to being ours, by the number on it—this (the 49 yards produced by Clark) I have no doubt of being ours, but that is all—but on looking at the other end of the 54 yards in two lengths, one of them has got the invoice-mark on it—when we sent these pieces off there were 49 yards in two pieces—(looking at that produced by Crick and
pawned by Tibbs,) this has not the private mark—I have no doubt it is ours, but I do not swear to it—this I also swear to (a piece pawned by John Fletcher on the 7th of April, produced by Parr)—I can identify it positively—this (pawned by Ellen Fletcher) has no mark on it—(looking at that pawned by Midgley, produced by Gordon)—this has not our mark on it, but I have no doubt of it.
Cross-examined by MR. THOMAS. Q. Is the paper you have in your hand your own hand-writing? A. No; it is a copy of the invoice—I have referred to it every time I have looked at the cloth—it was written by my clerk—I did not compare it with my book at home—I could have spoken to the marks I have seen here without this paper, but it makes assurance doubly sure.
COURT. Q. What is the private mark? A. We put the number of the cloth on the back of the list, it is sewn in—that is done with all the cloth we make—I am quite sure this it our manufacture, but not that it was in this particular truss—I did not see it packed.
WILLIAM JONES . In July last I lived with Mr. Walmsley, a pawnbroker in the Borough. A man named Chappell brought some kerseymere to the shop—I do not know what day it was—I would not take it in pawn, but I purchased part of it, and had it made into trowsers, which I now produce—I know Ellen Fletcher—I do not know whether she was in the shop at the time, but I saw her before and afterwards—I cannot positively say she was in company with the person who brought it.
JOHN WEST . I keep the St. George coffee-house, Blackman-street. I know Samuel Fletcher, sen., and John Fletcher—I have seen them at my house—I have also seen Chappell at my house in company with Tibbs and Fletcher, sen.—I think I have seen them twice, but I am certain I have seen them once together—it was at the latter end of June or the beginning of July.
THOMAS WATERMAN . I keep a public-house in Kent-street, Borough, Ellen Fletcher came to me at my house with some kerseymere in August, and asked me to buy some of her, saying her father-in-law had sent it out of Yorkshire for her to dispose of—she asked me 7s. 6d. a yard—I sent for my tailor, and then offered her 7s. a yard, which she took—I bought four yards and a quarter of her—she was alone, but while bargaining for it, she sent for Midgley to cut it off-during that time I sent for my tailor—I have the trowsers here it was made into—I have worn them.
JAMES LEA . I am an officer of Lambeth-street. I searched Tibbs's house—I found two duplicates there—one dated 7th of April, in the name of John Fletcher, No. 2, Fox's-buildings, for twenty-six yards and a half kerseymere, and the other dated 20th of April, for two remnants of kerseymere, 7l., in the name of John Lodge, Bow-lane—I apprehended Midgley—I stated the charge to him, and he gave me an account of the way in which he was involved in the transaction—I did not know him till I apprehended him.
DANIEL RITCHIE . I am landlord of the White Hart, Temple Mills, near Fletcher, sen.'s house. I know Barker—I have seen him down there—I saw him at Fletcher's, during the month of April last, and have frequently seen him there.
Cross-examined by MR. PRENDERGAST. Q. Will you swear you saw him in April? A. Yes—Fletcher borrowed a cart of me about that time—I do not know what horse he had to go in it—I did not lend a horse—Barker
used to come there in an evening in a chaise, frequently in April, and used to put the horse up at my stable sometimes.
THOMAS HENRY HORABIN . I am a tailor, and live in Old Broad-street. I know all the male prisoners—on the Friday or Saturday before Good Friday, Samuel Fletcher, sen. called on me in Great Winchester-street, respecting some kerseymere he had for sale—he asked if I had any objection to make him and his sons some clothes, and take the kerseymere in exchange—I said I had no objection, and he brought me a quantity—I cannot say exactly what quantity came, but I took 20 yards of wool-dyed black broadcloth, and 22 1/2 yards, and 27 1/4 yards of black kerseymere—it was brought on the Tuesday or Wednesday, in the following week—Tibbs and his wife, and Mr. and Mrs. Fletcher, sen. came with it—I am positive Tibbs was there—there were two more pieces of kerseymere which I did not take—they were in a canvas wrapper—I saw them arrive in a cart with one horse, which I think was a brown one, but I cannot say—I have seen Barker once at my house with Fletcher, sen. and George Fletcher—I cannot tell how long ago that is—it was after I got the kerseymere—they were conversing—Barker was introduced to me by George Fletcher—I called George into the kitchen and said, "Who is that person?"—he said he was a friend of his—I said, "He looks more like a thief than a horse."
Cross-examined by MR. PRENDERGAST. Q. Was this long after April? A. I should say it was, probably July or August—I cannot say when it Was—I am certain Tibbs was there when the cloth was brought, and I believe Mrs. Tibbs—I have seen Mrs. Tibbs repeatedly.
JAMES LEA (re-examined.) I found this paper in the house of Fletcher, sen., on the 10th of September—I had not taken him up at that time—I apprehended him on the 19th, in Kent-street—he was not at home when I found the paper—I had been looking for him—I saw him and John together about the 13th, but there was not sufficient evidence then to take him—I did not show him the paper—I told him I had found a paper respecting a settlement of something, and that Barker's name was mentioned in it—I asked him if he knew Barker—he said, "Yes," he had known him four or five years—he said he did not know anything about the paper—I found it in a desk in a sort of private drawer—it was very difficult to get it open—there were other papers in the drawer—I only kept this one.
(This paper being read, was headed "Settlement with Barker, and stated an amount of goods to be £28, after which several other sums were specified.)
WILLIAM MIDGLEY . I live at No. 2, Fox-buildings, Kent-street, and have lived there since July last. Ellen Fletcher keeps the house-her husband John Fletcher also lived there—after I had been there a fortnight, Ellen Fletcher told me her father-in-law had some cloth in pawn, and she would ask him to get some out, and let me try to sell it—Fletcher, sen., called two or three days after, and after that she said she had asked him and he would get them out for me—in the course of two or three days after, Fletcher, sen., called and brought one piece of black kerseymere, and asked me to fold it up in a proper way—it was all rumpled then and not folded in a business-like way—I folded it up into the old folds which there had been—he then went away for about half-an-hour, and brought another
piece something similar to it—I folded that up also—he said it was a very nice piece of kerseymere—I asked him if he had brought them for me to sell—he said no, he had sold those at the West-end—he stopped about half an hour, and took the two pieces away with him—he called again in two or three days-George Chappell was with him on both occasions—he brought a piece of cloth with him the third time, which he said I might try and sell—there was twenty-five yards and three quarters—Ellen was not in the room—she was in the back-kitchen at the time—she came in afterwards, but said nothing about the cloth—she said she had sold a pair of trousers to a young man at Walmsley's, the pawnbroker, if the old man would let her take the piece there, and have it cut off, and George Chappell was to go with her to represent it as his—he went with her—when they came back the old man was sitting in a chair by the side of the table—Ellen said she had sold two yards and a quarter, and George Chappell gave the old man 12s. for it—the old man went away with Chappell, and said he should come back in the evening about six o'clock to see what I had sold—they called about that time, and I told them I had sold none-old Fletcher then told me I must sell it by Saturday night, if I could, for he wanted the money—I was to meet him at the Star, in Gracechurch-street, on Saturday night, which I did—I tried to sell it on the Friday, but could not, and I pawned it at Attenborough's in Charlotte-street, for four guineas, in the name of John Bates, Berwick-street, and gave him the money on Saturday night-in the middle of the following week old Fletcher called again, and brought thirty-three lbs. of thread, which he asked me to try and sell—he afterwards asked if I would try and sell another piece of kerseymere, if he got it out—I said I would try—he told me to come with him, and he would give me a piece—I went with him to Cresswell's, a pawnbroker, at the corner of Trinity-street, Borough—he went in there, and I with him—he gave them a ticket, and while he was doing that I went out to try to sell some of the thread—when I returned he was waiting outside for me, with the kerseymere in his hand—I took it home—it had a ticket on it of twenty-two yards and a half, but he sent me for a measure, and it measured nearly twenty-six yards, or more—on taking it home I found Ellen there—she said if I would let her have it, she had sold some to Waterman, the publican, for a pair of trousers—I let her have it, and she went away to Waterman's—she came back and asked me to go to Waterman's, and cut off three yards for Waterman, and two and a quarter for another young man who was there—I went and cut it off—I have since understood the young man's name to be Spriggs, or Spinks—she told me to leave the cloth there, as some of Waterman's friends might come in, and he would see if he could persuade them to have it—I left it there for two or three hours, and then went for it, and took it out to try and sell it—Ellen met me when I came outside, and said she would take it elsewhere, and try to sell it—I gave it to her, and she returned it to me with ten yards only left, which I pawned at Walmsley's, for 1l. 12s., and took the money to the old man, at the Star, in Gracechurch-street—Chappell was there.
Cross-examined by MR. THOMAS. Q. I think you stated your name was William Midgley? A. Yes, that is my only name—that I swear—I have gone by the names of Gardener, York, Johnson, and Whipple-to the best of my recollection I think that is all—I will think a minute if you will allow me—no, that is all, to the best of my recollection—I am twenty
years of age—I will tell you my reason for going by different names—I had a writ out against me, three or four times—that was the principal reason—I never had any other reason—I had an execution against me for a tailor's bill—I have never gone by any other name, for any other purpose, than on account of some debt.
Q. Why did you go by the name of Gardener? A. I hired a horse and chaise once, by the name of Gardener, of a person at Newport Pagnell named Greaves—I brought it to London and put it up at a livery stable two or three days, till the horse recovered, to take it back—I drove it fifty miles in a short time—there was a charge of felony preferred against me on that occasion—I saw a handbill offering a reward for me—the officer brought it when he took me—I had made away with part of the chaise on my journey to London—one of the cushions and the driving box—that was all—I did not leave the whip—I had seven or eight shillings in my pocket when I hired the horse and chaise—atthe time I went to Newport Pagnell, I resided in Crawford-street—I went there to borrow money from my friends—I was not quite nineteen then—I have been doing nothing for the last five or six months—I have had money from my friends at Bromley, in Kent-no charge has ever been made against me except stealing the horse and chaise-not that I know off—it was once reported that there was a warrant against me for forgery, but I never knew it—it was said I had altered a bill of exchange from 10l. to 410l.—I understood that was the charge—I was not taken before any Magistrate for that—there was a trial about it at Guildhall, just this time twelvemonth—Thomas Miers was the plaintiff in the cause, and John Bowler the defendant—he is my uncle—the verdict was for the defendant—I was not called as a witness—I was at a public-house in Basinghall-street at the time, waiting to be called, if wanted—I went away after the trial, and lodged for a week at West Ham, as Mr. Miers thought the officer had found out where I was living and would take me—I did not get any money for that bill—I got goods for it—I paid it to Robert Miers—he was transported from here a few sessions ago, for arson—he paid the bill to his brother Thomas—I had different goods for the bill-not so much as 410l. worth.
Q. Was not the bill originally for 10l., and did not you promise to take your uncle the 10l.? A. No, I did not pay my uncle 10l.
Q. I believe you were connected a good deal with Robert Miers in helping him to remove his goods? A. I assisted in removing very few of them—I assisted in moving some—he had taken another shop—that was before the fire, some time—I do not know how long-more than a week—it must have been a month or five weeks, I think—I was a witness for him when he was tried here—I am a single man.
Q. Did you not on the last occasion when you stood in that box swear over and over again that you were a married man? A. No, I never was asked the question, to the best of my recollection—it was not put to me that I was a married man—they asked who managed the shop, and I said my wife, but the question was never put to me in that plain way to my knowledge—I really do not know whether I swore I was married at St. George's, Hanover square—I cannot swear I did not say so—I do not know whether I did or not.
COURT. Q. If you did say it, it was a falsehood, according to your present account? A. If I did say it, it was a falsehood.
MR. THOMAS. Q. Did not you say this, "I was married in February, the same month I became eighteen years of age?" A. Yes, I believe that
was what I said—I was not married, but I passed as such—I did not say that I was married at St. George's, Hanover-square, to my recollection—I cannot swear I did not—I cannot tell what I did say—I did not hear Miers' sister say she was married to me at St. George's, Hanover-square, but I have heard since that she did say so—I swore she was my wife.
SARAH JOHNSON . I hold the lease of three houses in Fox-buildings, Kent-street. The prisoner, John Fletcher, was a tenant of mine—I have seen the other prisoners at John Fletcher's house, and also at Temple Mills—on the Thursday before Good Friday last, I saw the witness Tibbs and old Mr. Fletcher in the back yard at Fox-buildings—I did not notice particularly how old Mr. Fletcher was dressed—he seemed to have a brown coat on—I believe he was dressed as he generally was—there was a cart there—I did not see any thing taken out of the cart, but I saw a bundle in the back parlour-old Fletcher was then gone into the front parlour, and there was only Tibbs and Ellen Fletcher present—I took hold of the bundle, and said, "What have you here?"—Tibbs said it was a bale of goods that he had brought from the docks—I went into the front parlour to old Fletcher, and asked him for some money for the rent that was owing—he said he would let me have some in the course of a few days—I had frequently seen Chappell and old Fletcher there together before that—I had never seen Barker—in July last Ellen Fletcher called on me, in consequence of which, I went to No, 2, Fox-buildings, and saw Chappell, old Fletcher, and Midgley there, in the parlour, and I passed through into the back parlour—I saw Chappell and Midgley go out together-Midgley had a bundle on his shoulder, fastened up in brown paper-old Fletcher came into the back parlour to me—I asked him if he had got any rent for me, as he had promised me some several times, and had not fulfilled his promise—he said he had not got any money for me then, but in the course of a few days he would—he said he should have a piece of black merino in about a week, if I would purchase it—I asked him what would be the price of it—he said, "About half-a-crown a yard"—after they were all gone I asked Ellen if she did not intend to get rid of Mr. Midgley, as I thought she ought not to let him stop in the house, for I thought he had sold old Fletcher a duplicate—she said it was her father's goods, and not Midgley's—that was all that took place.
EDWARD STREET CLARK . I am a butcher, and live in Dover-road. I did live in Kent-street—about three months ago I went to Waterman's and bought a piece of black kerseymere of Ellen Fletcher, which I had made into a pair of trowsers—I have not got them with me.
NOT GUILTY .
Second Jury, before Mr. Recorder.
23. THOMAS BIGNOLD , and JOHN HALLAN, alias Bowman , were indicted for burglariously breaking and entering the dwelling-house of John Baker, at St. Luke, about the hour of twelve in the night of the 7th of November, with intent to steal, and stealing therein, 1 cash-box, value 5s.; 3 keys, value 3s.; 1 key-ring, value 6d.; 3 memorandum books, value 3s.; 9 sovereigns, 20 shillings, 1 £10 Bank-note, I promissory note, for 20l. 8s., 2 orders for 4l., and 21 bills of exchange for 544l. 13s. 4d.; his goods, monies, and property.
MESSRS. CHAMBERS and DOANE conducted the Prosecution.
Finsbury-place, in the parish of St. Luke—the prisoner Bignold was in my master's service for about a month, as errand-boy. On Wednesday evening, the 7th of November, he left the premises at eight o'clock, or a few minutes after—I shut up part of the premises, and saw the whole shut up at a quarter past eight o'clock—I left nobody on the business premises, but my master and his family live in the dwelling-house, which is part of the premises—I saw the gate leading to the yard fast.
Cross-examined by MR. PAYNE. Q. Do you mean the business is carried on in part of the dwelling-house? A. Yes—it is under the same roof.
HENRY KIDNEY . I am a policeman. About a quarter past one o'clock, in the morning of the 8th of November, I passed by Mr. Baker's premises, and observed the gates open—I went about half way up the yard, and observed the warehouse door stood open—I came outside the gate, and waited till Thurston came round—we went into the warehouse together, and saw, just against the door, a candle and candlestick—I felt the candle was warm—we went into the shop, and observed the counting-house had nearly the whole of a pane of glass taken out and the counting-house open—the key of the door was inside, and by putting an arm in, they could open the door of the counting-house—there were no marks of violence on the outer gates or the warehouse doors—I went and called Mr. Baker, who examined further with us, and by his desire we went, at a little after two o'clock, to Daggett's-court, Moor-fields, where Bignold's mother lived-Bignold was not at home—I searched the rooms and could not find him—on returning to the prosecutor's the same morning, I went up into a loft, and saw some bags behind the trap-door, which looked as if some person had been lying down on them, from the impression on them.
Cross-examined. Q. Where is the loft? A. Over the warehouse—the bags were flattened down, as if a body or something had been upon them—there were no marks of legs or any thing—I could not tell whether it was a person had been on it—they were empty sacks—I had my lamp.
HENRY THURSTON (police-constable G 55.) On Thursday, the 8th of November, I went on duty at nine o'clock—atone o'clock I tried Mr. Baker's gates, and they were all safe—I examined again at a quarter past one o'clock, and they were open—I saw Kidney at the gate—I went with him into the yard and warehouse, and saw what he has described—I found a knife lying close to the counting-house door, with putty on it—it would take out a pane of glass—I went with Kidney and Mr. Baker to Bignold's mother, No. 6, Daggett's-court, Moorfields—we did not find him there—I waited there till six o'clock, and then finding he did not come home, I returned to Mr. Baker's-and about a quarter past seven o'clock he came—I asked him where he had been last night—he said, "To Sadler's—there wells Theatre"—I asked what he saw there—he said he could not tell me any thing about it—I asked where he had been the rest of the night—he said, "Walking about"—I asked if he had been in company with any body else during the night—he said, "No"—Mr. Baker asked him several questions—I took him into custody, and searched him, but found nothing on him but an old pocket-book and 6d.
JOHN BAKER . I am an ironmonger; my premises are in the parish of St. Luke, Middlesex. I went to bed about half-past ten o'clock, on the 7th of November I—was called up by two officers soon after one o'clock, and found my desk in the counting-house broken open—I had locked it
the night before, and also the outer door leading from the counting-house into the warehouse, leaving the key inside-by the glass being taken out, no doubt they put a hand through, and unfastened it, as the key remained in it—I lost from my desk a tin japanned cash-box, of a peculiar pattern which I sell myself, and never had any other—(produced)—I can swear to it from the pattern as well as something inside—there were nine sovereigns, about 1l. in silver, and a £10 note in it, with various bills of exchange to the amount of about 580l.-various receipts, of no use to any body, three memorandum books, with red covers, and a bunch of keys—the bills of exchange were drawn by myself, and accepted by the parties, but not endorsed—they were available securities to me—I accompanied the policeman to Bignold's mother's house—he had given me his address, No. 6, Daggett's Court, Eldon-street, when he came to me—he came about a quarter past seven o'clock next morning, and was very warm—I asked where he had been to be in such a heat—he said he had been running—I asked where he came from—he said, from a coffee-shop in the Commercial-road—I asked if he had not been home—he said he had not—I asked where he had been the night before—he said, to Sadler's Wells theatre—I asked him two or three times if he went and returned by himself—he said he did-in consequence of something I had previously heard, I asked him who had a pot of beer with him on the Tuesday evening—he said a boy of the name of Hughes—I asked when he saw him last—he said he had not seen him since that Tuesday night—I asked if he had been to the theatre with him—he said he had not—I gave him into custody—Commercial-road is a mile or a mile and a half from my house.
Cross-examined. Q. How much was he behind his time? A. About a quarter of an hour—Commercial-road is in a different road to Sadler's Wells—I understood from the policeman that he had been to a coffee-shop—he said he ran because he was late—I am quite sure I mentioned to him about having been with the boy—I asked him the boy's name, and he said Hughes.
JURY. Q. When did you last see your money? A. About eight o'clock that night—it was safe then.
SUSAN GINGELL . I live with my father and mother. My father is a lighterman, and my mother makes umbrellas—I went to live with the prisoner Hallan near upon four months ago-previous to that, I lived with my father and mother, and assisted my mother in business-Hallan and I resided in Dock-street, Commercial-road—while there, one Saturday Hallan brought home a person named Hughes, and he was with us about a month—he had been with us about a month on the 7th of November—on the afternoon of that day, Hallan and Hughes told me to get their tea ready, for they were in a hurry to go out—I proceeded to get it, but could not get it in time, as they wanted it by five o'clock, and they took their bread and butter, and went without it—I saw Hughes take a box of lucifers which were on the shelf, and put them into his pocket, and I took them out again, but after they were gone I missed them and a piece of candle-Hallan came home about seven o'clock alone—he said he had been to his mother's, and was then going to his club, and went out—I sat up for him, having some work to do, and at about half-past one o'clock on Thursday morning Hughes and Bignold came in—I had seen Bignold once before, but never to speak to him—they got in as the street door was left ajar for Hallan-they
came in in a very great hurry—I asked Hughes what made them in such a hurry-Bignold could hear what I said—they were both together-Hughes said it was nothing to me, and then he called Bignold into the back-yard—they came into the room again in a very few minutes, and Hughes asked where Hallan was—I said I did not know—they said they would go and find him—they both left, and came in in a quarter of an hour with Hallan—they all three came into the room-Hallan told me to go and get him some beer—I told him I should not go out at that time in the morning for beer for him—he said, I should go, and I went and fetched him a pint of beer, and Bignold went with me to the Kinder Arms—I got the beer, brought it back, and when I came in, I saw Hughes and Hallan kneeling on the mattrass—I saw some gold and silver, and likewise a tin box about the size of the one here—there was a fire in the room, and there appeared a quantity of papers burnt, and there was a book on the fire with a red cover—I asked them how the money and other things came there-Hallan said it was nothing to me—they appeared to me to be sharing the money between them, as they were all three round the money at the mattrass-Hughes put a four-penny piece into my hand and took it out again-each of them took up part of the money-Bignold then gave me 1l. 17s. 6d. to mind for him till Friday night, and he gave me 1s.—I had seen him once before, but had not spoken to him—they stopped there till about half-past five o'clock-Hughes and Bignold then went out, and I did not see the box after-Hughes came back about a quarter past seven o'clock, and had breakfast with Hallan and me—about eight o'clock Hallan asked me if I had seen any thing of a piece of paper—I asked what sort of paper—he said, "Never mind that," and Hughes showed me a little while after a note-as he held it I could not see what it was, and asked him—he said, "If you must know, it is a 10l. note," and when he opened it I could see it was a £10 note-Hallan was present then-Hughes went out and came in, saying he had been to get it changed—he brought back some gold and silver—he gave Hallan some of it, and they gave me 1s. a piece—this was on Thursday—I heard no more of it till Friday night, when Hughes came to my place—I was by myself then.
Cross-examined. Q. Did you live with any body before you lived with Hallan? A. No, I lived with my father and mother before him, nobody else—I did not call him husband—I do not know any thing about Dock-street—I do not think the people are much good that live in it—I cannot tell how many people lived in the same house with us—I am seventeen years old next April-Hallan told me he was twenty in March—I do not know what club he belonged to—he would not tell me—he treated me as his wife, and supported me—I did not support myself at all—I lived on what he gave me—that was all.
Q. Why did you say you should not go and fetch a pint of beer for him? A. I did not think it a proper time to go out for beer—I was not in the habit of being out late at night—I know Mrs. Griffiths and Mrs. Farrell—I lodged in the same house with them, but not in Dock-street—it was in James-street where I lived with Hallan before we went to Dock-street—we had not been in Dock-street a week—I know it was Wednesday afternoon, the 7th of November, that he told me to get his tea—when I saw these things about I thought it was time for me to take the day of the month down—I put down the 7th—I knew what the month was—I cannot write, but I can make a figure—I first mentioned about this on the Saturday morning after
the 7th of November, to a young woman named Scaife, an umbrella-maker—she is not here—on the Monday two officers came to me in Dock-street—Cox was one of them—I am quite sure Hallan was the first person I went to live with—I worked with my father and mother up to that time—I lived in no other house but theirs till I went to live with Hallan.
Q. How came you to go to live with him? A. I was in a room at a raffle with Scaife on Monday night-Hallan said he wanted somebody to be with him, and he took me to where he lodged on Wednesday morning, and I went—I do not know the name of the street—I never noticed it—I remained with him till he was taken into custody.
MR. DOANE. Q. Was Hughes living with you and Hallan before you went to Dock-street? A. Yes, in the same room.
COURT. Q. Had you any quarrel with Hallan? A. No—I only thought it not a proper time to go out for beer—my first acquaintance with Hallan was at the raffle on the Monday—I saw him again on Tuesday morning—he asked me to go and live with him at his landlady's, Mrs. Wilson, and I stopped at his landlady's on the Wednesday.
Hallan. The raffle was on Monday night—she was out with me then—I got a lodging on Wednesday, and she lived with me ever since—she was frequently out till between one and two o'clock in the morning—I did not like it, and we had a bit of a quarrel—I have heard since I have been in Newgate that she said she never liked me, and that she would do for me whenever she could get me out of the way. Witness. I never said any such thing—I did not give information about this till I was taken to Worship-street—I was seat to Clerkenwell for two days before I gave evidence.
JURY. Q. Did you and the two men sleep in the same bed? A. No—I and Hallan laid on a mattrass, and Hughes slept on the floor in his clothes every night—he never had any bed or blanket—I believe Hughes is about seventeen years old, from what I have heard him say—I was not present when the note was changed, but Hughes said, in Hallan's presence, he had been to Horsley's—I stated so at Worship-street.
Hallan. Hughes was a poor boy out of place, and he used to sit up in my room—I gave him a share of what I earned by going round selling things.
GEORGE BURROWS . I keep a coffee-shop in George-terrace, Commercial-road. I saw Bignold at my house on Thursday morning, the 8th of November, about twenty minutes to seven o'clock, company with Hughes—they both had breakfast there, which Hughes paid for—they stopped about ten minutes—it was about ten minutes to seven o'clock when they went.
Cross-examined. Q. How far is that from Sun-street, Bishopsgate? A. About two miles-a person must run to get there by a quarter after seven o'clock—I had not seen them together before, to my knowledge.
BENJAMIN WILLIAM DOWDKSWELL . I am eight years old, and live with my mother, in Waterloo-terrace, Commercial-road East One Saturday afternoon, about four o'clock, about a fortnight ago, I was playing by my mother's house, and found a tin box near some palings which divide a field from the road opposite my mother's house—it was the box produced, to the best of my knowledge—it was shut when I found it—I took it home to my mother, to look at, and gave it to my aunt, as my mother was not at home—my aunt is not here.
prison this month, on suspicion of stealing a whip—I was tried and acquitted—while I was in prison Bignold was brought in—it was the 7th or 8th of this month, I believe, but I will not be certain of the day—he was confined in the same yard with me—after he had been there a day or two he asked what I was there for—I told him about a whip, and asked what he was there for—he told me he was not there for a trifling thing, but for a 600l. job—I believe that was the word he said—I asked him where he stole it from—he told me he was the person that took his master's cashbox from the counting-house—he said he was in the employ of Mr. Baker, an ironmonger, near Finsbury-square; that on the night the robbery was committed he concealed a boy in his master's house, with the intention of letting him (Bignold) in when he should come—he said he let the boy in in the dusk of the evening, before it was dark—I asked him if he took the box himself—he said, "Yes," he broke the desk, and took the box himself—he said there were three concerned in the robbery, and one was outside, to lull the attention of the police who might go by while they were both in—he said what was in the box amounted to about 600l., bills, and gold, and silver—he said he came to work near his time next morning, that his master should not have any suspicion of him—that he was questioned about where he had been, and said he had been to Sadler's-wells Theatre, but he had not been there—this conversation took place in the kitchen adjoining the yard where the prisoners are—it was not all at one time—it was talked of two days, I believe, on the 10th and 11th of November.
COURT. Q. Had you been told to put any questions to him? A. No, but as he asked what I was there for, I asked about him; and as I named it to a respectable tradesman near Finsbury-square, he thought it my bounden duty to name it to Mr. Baker.
Cross-examined. Q. Pray what are you? A. I have been a gentleman's servant—I am now living at home with my wife—I have a house at Pimlico—I was examined at Queen-square about the whip—I was with the party who had it, and they told the Magistrate they had not the least doubt I took it with the intention of stealing it—he did not say afterwards that he did not believe I intended to steal it—he said so when I was tried—that was not the reason I was acquitted—I do not know whether there was a flaw in' the indictment—I think the prisoner came in on the Wednesday or Thursday, but I am not certain—the conversation did not take place in the prisoners' yard—it was in the kitchen on both occasions, and I think it was spoken of in the bed-room where we both slept—I suppose there were twenty persons in the kitchen at the time he told me this—I was discharged on the 13th, I believe either Tuesday or Wednesday—I think I was examined about this on the 20th—I think it was the day after I was discharged—it was not a week after—I do not think any of the other persons could have heard this conversation, because he spoke very inwardly—I did not make any memorandum of it—there was no occasion—I had it correct in my memory—I had no pen and ink to do it, and I cannot write at all—I made my mark before the Magistrate.
Q. Who did you have the conversation with, between the time of your being discharged and going before the Magistrate about this matter? A. Mr. Dimsdale, the saddler, on the Pavement, Little Moorfields—he does not live many rods from Mr. Baker—I live four miles from there—I went to Mr. Dimsdale about a set of harness, having known him many years, and named it to him.
MR. CHAMBERS. Q. How soon after you came out of prison was that? A. The next day—it was through him I went to Mr. Baker, and after making the statement to him, I went to Worship-street—there was never any charge made against me, except about the whip—I have been in the service of Captain Vandeleur—I left the late King to go there—I was there as livery-helper two years—Captain Vandeleur then went to Ireland, and I lived with other noblemen.
ANN BOWMAN . I am the wife of Allen Bowman, of Charles-street, Globe-fields. Hallan is my husband's son by a former wife—his name is Bowman—he sells fish in the street, and so does my husband-last Thursday fortnight, between eleven and twelve o'clock in the day, he came to me to help me to move, and he gave me seven sovereigns to take care of—he had 1l. back the next day—I returned the six to the officer on the Tuesday following, when I and my husband were taken into custody—the prisoner had been in the habit of giving me money to take care of—about twelve months before he gave me some—I really cannot say how much—it was 3l. or 4l. I know—he has laid out as much as 5l. or 6l. in goods which he has bought, and he could get a good living—I believed it to be his own money, when I received it.
MATTHEW PEAKE . I am a policeman. I produce the cash-box which I got from a person named Horsfall, a pilot—he is not here—I got six sovereigns in a tobacco-box from Mrs. Bowman—I have also a £10 note, which I got from the Bank of England.
JOHN COX . I am a policeman. On the 12th of November I went to No. 24, Dock-court, Commercial-road, and-found the prisoner Hallan sitting by the fire-side, with Sarah Gingell—I took them both into custody—I found 9s. 6d. on Hallan-Gingell did not make any communication to me—I heard of her information from Peace—I do not know Pearce at all.
Cross-examined. Q. How long was Gingell in custody? A. About two days—she gave evidence then.
MR. BAKER re-examined. Pearce came to me, and made a statement, in consequence of which I went to Worship-street with him, after going to Mr. Dimsdale, the saddler—I do not remember the day his deposition was taken—this is my cash-box—I know it by this mark—one day I thought it was locked, and took hold of the handle—it came open, and the inside part fell to the ground and broke, and here is where I had it mended—I believe the Commercial-road is about two miles from my premises.
MATTHEW PEAKE re-examined. The boy Doudeswell showed me where he found the cash-box—it was just half a mile from Dock-street, and about half a mile from the coffee-shop—it was not in a direction between the coffee-shop and Mr. Baker's—it was further down the road, below the coffee-shop, and out of the way, both of Mr. Baker's and Dock-street.
BENJAMIN VICKERY re-examined. I did not go into the loft, when I looked over the premises the night before—we never examined the premises so minutely, particularly the loft, as there was gunpowder, there—I afterwards saw the sacks in the loft—there appeared as if somebody had been sitting on them.
Q. Could any body be let in before dusk, without observation? A. At one time of the day, about five o'clock, the parties on the premises go to
tea, and from that, to half-past five o'clock, it could be done, as there is nobody on the premises but myself.
Hallan's Defence. The money I gave my mother I worked for for six months—I deal in raspberries, and haut boys, and fish in the season—I go down into the country, for a week or a month together, with articles to sell, and I saved that money up to go into the country this winter—I had a few shillings paid me on the Monday.
(Elizabeth Edwards, the wife of a Custom-house officer, Morgan-street, Commercial-road, gave Hallan a good character.)
BIGNOLD— GUILTY . Aged 17.
HALLAN*— GUILTY . Aged 19.
Transported for Ten Years.
NEW COURT.—Wednesday, November 28, 1838.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 25.— Confined One Week.
GUILTY . Aged 19.— Transported for Seven Years.
MR. CLARKSON conducted the Prosecution.
CHARLES SHAW . I am an attorney-at-law, and live on Fish-street-hill, The prisoner was in my service—I perceive by the Law list that he has been an attorney himself—I agreed to pay him after the rate of 100l. a-year, but as he conducted himself well the first fortnight, I gave him 2l. a week—(in consequence of an application from him I advanced him 5l., and he came into my service on the same day)—I received a cheque for 4l. 5s. 2d. from Peering and Mincett, late in the evening of the 7th of November—I placed it, with other cheques and bills, in my private iron chest, and locked it when I went away at night—it stood in my private room—the clerks had a right to go into the room for papers—it was my practice to open the chest in the morning, and unless I was going out for any length of time I left it open-no clerk had any right to go to my iron safe without my special directions—I had never directed the prisoner to go to it for this cheque—I did not examine my drawer till the afternoon of November 8th, and then I missed the cheque—I might have been fifteen or twenty minutes absent from my room on that day—my name is written on the back of the cheque, but it is in the prisoner's hand-writing—the prisoner was not at the office then—he had been there part of that day—I find by the book he had received in advance 10l. or 12l.
Prisoner. Q. What day was it taken out of the iron safe? A. On the 8th, and paid on the 8th-you were allowed to sit in my office when your presence might be necessary for me—I cannot say whether you took
the cheque out while I was there or not, but I never authorized you to take it out at all-your general authority was the law business of my office, and no other—the key of the iron safe was in it the whole of the day—the cheque was shut in the drawer—I am quite confident of that—it would have been a breach of trust for you to have taken cash out for office disbursements, without my special direction-you did not return the following day—when you returned on the Saturday, I reproached you for your absence—I accused you of taking the cheque, and ordered you to make up your book—I do not recollect observing that I required all cheques to go through my bankers—I may have done it—I objected to your taking any thing out of my private drawers—I have got my letter book—I have no doubt there are many letters signed by you, of which I had no cognizance, but I saw them, and permitted them to go out in your hand-writing-you were managing clerk.
Q. Supposing that I came to my duties on Monday, the 12th of November, would you ever have prosecuted? A. If I had examined and closely investigated your book, I should have followed up this prosecution-you have introduced two clients, one I have seen, the other I have not—I do not know whether they are clients or not—there was a policeman in the office when you returned, for some other purpose—I then taxed you with having robbed me to a considerable extent, and told the policeman to take note of it—I believe I requested you to call on the morrow, and you did, and having closely investigated your book, and seen a great waste of my money, I had you taken.
MR. CLARKSON. Q. When you were in the country did you leave your key? A. No, I took it with me—no one would have had any authority to go to the safe.
Prisoner. Q. Have I not to your knowledge, without your special permission, gone to the iron safe, and taken out deeds? A. I am not aware that any one deed was taken oat without my special direction—I am not aware that I specially mentioned that you were not to go to my iron safe, but I stated that it was my private depository—the 4l. 5s. 2d. was entered, but not till after I had taxed him with the robbery—he did not return to the office till late on Saturday.
MR. CLARKSON. Q. At the time it appears the cheque was taken, were you in advance 10l. or 12l. to him for office purposes? A. Yes, I gave him a cheque for 15l., and he has never accounted for more than 8l.
HUDSON GOOD . I am one of the clerks in the London and Westminster bank. This is our cheque—we paid it—the cashier is not here, but I have his book to prove it has been paid, and charged to James Atkins and Son, who are customers of ours.
Prisoner's Defence. Under any circumstances I should feel extreme difficulty in addressing a Court in the humiliating position I am in-from his lordship's hands I expect every thing that justice can give, and from your hands, every consideration it deserves; be your verdict guilty or not, it is to me equally indifferent. If guilty, I shall receive it with that deep humility which I ought to feel: if not guilty, I shall leave this bar with the painful reflection that I have been here a criminal, which is to me the same as guilty. I avail myself of this occasion publicly to thank the prosecutor for the clemency he showed to me during the short time I was with him. I do not say this with any desire that he should recommend me to mercy, nor do I beg his Lordship to abate one iota of the punishment due to me
There are those in Court whom I know, and who would willingly have rendered me their assistance, but I would not accept of it; I only wish you to decide on the facts of the case, and if you consider that in this transaction I intended to injure or defraud Mr. Shaw, find me guilty; if you think, on the other hand; I did not premeditate an injury to him, your verdict will be, not guilty; but knowing the indictment is not true, I would not plead guilty; having done the prosecutor right, I feel I ought not to do myself wrong; and before Heaven I declare, I meant not to injure Mr. Shaw. The charge is, that I took out of his iron safe a cheque for 4l. 5s. 2d.; when I entered into the employ I entered as confidential clerk, as one acting for him, and under all circumstances as he would have done if present; on many occasions I went to the iron safe, and very frequently while he was in the office, and he never at all objected to my doing so.
COURT to CHARLES SHAW. Q. This was on the 8th? A. Yes, and it was paid the same day, which was Thursday—on Friday he did not come—he came on Saturday—I charged him with having taken the cheque out of my safe—he looked confused, and admitted he had taken it, and then it was put down-all the receipts were me, and for office purposes he had a cheque marked "Office"—that was my invariable rule.
Prisoner. Some observation has been made with reference to the time I made the insertion in the cash-book—I declare most solemnly that every evening when at the office, I made it up, and therefore I do not mean that Mr. Shaw intentionally says wrong in saying that it was not made up from the Saturday before, but it is wrong—I could not make the entry before I received it, and when I returned on the Saturday I entered it—the only observation Mr. Shaw made was in consequence of my making an observation to him about two or three days before—I had made out the costs in a particular; action, and when I came on Saturday the 3rd, I asked him if the costs had been paid—the answer he gave was that they had been paid by cheque, and that that cheque was in his iron-safe—he went out in the course of the morning—on the 8th I had no money for disbursements at the Temple where I had to go—it was imperative that the business should be done, and I thought I could properly take it—I went and took it out, it was only over London-bridge a few steps, and I got it—I went to the Temple, and that is the head and front of my offending, no more-out of little things you may make great deductions—when I returned to the office, Mr. Shaw objected to my absence, very properly—I had been out—he looked over my book, and said there was a balance due to him—I said "Yes," and implored him to let me come to his office again—he said he would hot—I must, next morning, make up the balance due—I said I would do all I could—he said, "Call to-morrow morning," and he said to the policeman, "I shall give him into custody unless he brings the money to-morrow morning"—I said I was conscious I had not contemplated any injury, and I did return—that is all I can say—I am sure you will give the case that consideration it deserves, and ask yourselves whether I could intentionally have contemplated a fraud.
(The prisoner received a good character.)
GUILTY . Aged 41.—Recommended to mercy by the Jury and Prosecutor.
Confined Three Months.
(There was another indictment against the prisoner.)
27. DAVID GRAHAM, THOMAS DEAN TETSALL , and ELIZABETH THUMWOOD , were indicted for stealing, on the 4th of October, looking-glass and stand, value 1l. 4s.; I chest of drawers, value 1l. 11s.; table, value 12s.; 2 beds, value 2l. 8s.; 1 bolster, value 6s.; 3 pillows, Value 5s.; 5 sheets, value 5s.: 1 mattrass, value 4s.; 4 blankets, value 6s.; 1 pair of trowsers, value 2s.; and I copper, value 1l. 10s. the goods of George James.
MR. BODKIN conducted the Prosecution.
GEORGE JAMES . I am a house-agent and appraiser, and live at Hampstead. I have two houses, Nos. 23 and 24, Charles-street, Holborn, where I deposit goods-Graham was in my service in September last—he has been so for little more than a year and a half—it was his business to look after the furniture there, and also to collect rents—Tetsall was employed occasionally, and Thumwood is the daughter or daughter-in-law of Graham—I went there about the 20th of September, and missed some articles -Graham and Tetsall were both there on that occasion—I complained of some things being missed, and took an inventory of them-neither of them gave me any explanation of those things—there was a chest of drawers, a copper, a table, and some bedding in the warehouse where Graham was—there was an old coat and trousers of mine which were usually kept in the drawers of that chest, but I am not quite sure they were there then—I went there again on the 6th of October, and missed the chest of drawers, the copper, the bedding, the coat and trousers, and some other: things-Graham was gone—I found Thumwood there in the evening just as it was dark—she was in the yard near my back ware-room—I said, "Where is your father?" and I told her the things were missed—she gave me no account of them—she slipped away—I saw her again in King-street, and gave her in charge—she had a bundle with her which contained the coat—after I took her to the station-house, she said Tom had been in it, and if I would not hurt her, she would go and show me where the rest of the goods were—she did so—I did not promise not to hurt her—I asked her for the looking-glasses—she said they were pledged, and the duplicates were at Mrs. Hawkey's—that Tom had sold the copper for 18s. in Eagle-street, and she had 3s. 6d.-5s. he had himself, and the rest Graham had—I saw Tetsall on the Monday following at the Fleet Prison—I brought him out and said, "I give you in charge for taking a copper away belonging to me and selling it"—he said, "I know I took the copper and sold it, but Graham hired me to do so"—I asked him where it was sold—he said that was best known to himself—on the Monday morning I went to Mrs. Hawkey's, in King-street—I found there a quantity of bedding, and the duplicates had been there, but she said they had been taken away—I found there an old bed and mattrass, and old sheets and blankets, and a bolster-neither Graham nor Tetsall had authority from me to remove these things.
Graham. You put me in possession, to sell any of those things I thought proper. Witness. No, I did not-you did not sell a clock to Mrs. Brown—the money was left with you, but I sold the clock—the woman living on the premises said, "Leave the money below," and she did.
Tetsall. I was in the Fleet Prison when the property was stolen—I was there from the 30th of September till he took me.
Thumwood. Did I not buy four cane-bottomed chairs of you? Witness. Yes, and four rush-bottomed chairs.
MR. BODKIN. Q. Had Tetsall the means of knowing that Graham had no authority to sell any thing from that place? A. Yes, he had.
ANN BROWN . I live in Charles-street. I know where the prosecutor keeps furniture—on the 4th of October, at three or four o'clock in the afternoon, I saw Graham removing a chest of drawers, and two men, who are not here, were helping him—after that I saw two women go out with the bundles-Graham was in the parlour very much intoxicated—that was the place where they removed them from—he must have seen them.
Graham. Q. What time was it? A. A little after four o'clock, and one of the women brought in a pot of beer.
ANN HAWKEY . I live in Clement's-lane. A bed and some bedding were found in my lodgings—Thumwood brought them there, I believe, but I was not at home-neither of the prisoners came to me after that before the officers did, but I met Thumwood in Drury-lane, and desired her to take her father's property away which was in my place, that was, the bed and bedding, and then Mr. James came and took the things, and asked if any duplicates were there, and he had some from a jug which were Mrs. Graham's, and I showed him some of my own.
HENRY NEWMAN (police-sergeant F 18.) On the 6th of October I met Thumwood in Drury-lane, and took her—she had a bundle with this coat in it, which was claimed at the station-house by Mr. James—I took Tetsall—I was present when he said he had sold the copper for 18s., but Graham either gave him leave or hired him to do it, I am not certain which.
Graham's Defence. I entered his house on the 1st of July, and was to have two rooms for taking care of the house, and by so doing these things came to my house—he used to bring things to me, and brought the copper for one—I said I did not much fancy it—I continued there—my door was broken open, and my things taken away, and it was thought I had bad a hand in selling these things—I know no more of them than the man in the moon—my own mattrass and kit, and leather, were taken by two men whom I have never seen since—I did not see the copper go away—I mended a pair of shoes, and made a pair of boots for the prosecutor, which came to 18*.—I said I should take the drawers for it.
Tetsall Defence. On the 30th of September I went to the prosecutor's to get a balance he owed me, part of which he paid me, and I told him I was going to the Fleet prison as messenger—I was so employed on the 4th and the 6th, and it is not likely I should go and tell him where to find me if I had committed a felony—he came on the 8th and gave me into custody—on the 24th of September I was in possession of a house of some ladies at Hampstead—the money was paid, and as he got an entry by foul means, the ladies asked me if I would give my residence—I said yes, I would—that is the only reason I can give for his conduct on this occasion—I have been well known in the Fleet, and have been there sixteen months.
never heard a syllable of it before—I had a distress against those ladies, and employed the prisoner there—I did not sell Graham the glasses—he did not tell me he should take the drawers.
Thumwood's Defence. I was not there at all when the things were taken away—my father had a pair of shoes to make, and the coat was there, and I thought it was my father's own—the glass that I pawned was bought.
(The prisoner Graham received a good character.)
GRAHAM— GUILTY . Aged 51.
TETSALL— GUILTY . Aged 23.
Confined Three Months.
THUMWOOD— GUILTY . Aged 32. Confined One Month. The prisoners were recommended to mercy by the Prosecutor.
MR. BODKIN conducted the Prosecution.
LOUIS LEMANSKI . I am the brother-in-law of Peter Anthony Steinkeller. He keeps a house in Finsbury-circus, and is out of England—he went about two months ago-Read was in his service, and had been four months as cook—the plate was left in the kitchen, accessible to any person there—I received a communication from Raczynski, and found a quantity of plate was missing on the 28th—I had missed nothing before Raczynski told me of it—I went to the Inspector of police, and on the 2nd of November I went with him to No. 12, Canning-street, and found Wilkinson with her husband, and another woman—we charged her with stealing plate, and searched the house.
Cross-examined by MR. DOANE. Q. Has the prosecutor any other name? A. No—I do not live in his house, but I look alter it while he is away.
JOHN RACZYNSKI (by an interpreter.) I was in the prosecutor's service-Wilkinson used to come to the house—I do not know who introduced her-Read, the cook, said she was her friend—I missed some spoons, and other articles of plate—I told my master's brother-in-law.
Cross-examined. Q. Did you miss them at different times? A. Not till I looked over the plate.
Cross-examined. Q. She gave her own name and address? A. Yes.
JOHN ROBINSON . I am a police-inspector. I went to Wilkinson's, and received some duplicates-three of them correspond with the articles produced—she said she knew what I came for, and gave them to me.
(Property produced and sworn to.)
READ— NOT GUILTY .
WILKINSON— GUILTY . Aged 38.—Recommended to mercy.
Confined Twelve Months.
a linen-draper. About a quarter-past four o'clock, on the afternoon of the 30th of October, I was spoken to by some one, and went out—I saw the prisoner putting two shawls into his pocket—he ran off, and dropped them—I took them up—they are my master's.
Cross-examined by MR. DOANE. Q. Where did you first see him? A. About twenty yards from the premises—the officer took him—I had the shawls put up in the lobby about three o'clock that afternoon—I saw him trying to put them into his pocket.
GUILTY . Aged 20.—Recommended to mercy.— Confined Three Months.
JOSEPH CALTHORPE CHAPMAN . I work for the prosecutor. I was passing along the Minories on the evening of November the 17th, and I saw the two prisoners rolling a puncheon along Swan-street—I thought it belonged to my master—I followed it to Mr. Chaplin's, in Cullum-street—I asked Mr. Chaplin if he knew those two men—he said he did by sight—I then asked the prisoners where they got it—the eldest said it belonged to him, he bought it—while we were looking at it, the eldest prisoner said he would go and fetch the man that he bought it of—he went off, and did not return—he was taken on the Monday—the younger prisoner, and the puncheon, were taken at the time.
JOHN CHAPLIN . About four o'clock, on the 17th, the two prisoners came to my residence, and said they had got a puncheon in a dilapidated state—I told them to bring it up—they returned in an hour or an hour and a half afterwards, and said they could not roll it there, but they wanted my truck—I would not lend it them, but said I would go with them—I went to the corner of Haydon-street, and saw the younger prisoner, but the puncheon was not there—I asked him if he knew where his father was—he said he did not—I told him to go and see for him—he went, and said he could not see his father—I went home and had some tea, and then the two prisoners came with the puncheon, and before I could look at it, Chapman came and recognised it—I took the candle out, and asked him to look at it particularly—I was to meet the prisoner at the corner of the street—I went to the public-house, and waited half an hour.
Willson, sen. There is something wrong about the time—I never left work till six o'clock. Witness. Yes, you came first at four o'clock, and then came again, wanted the truck, and then came with the puncheon.
Willson, jun. Q. Did you come and see me at the corner of the street? A. Yes, you were in a cart.
GEORGE FIRMIN . This puncheon is mine. I saw it safe about six o'clock that evening—I have understood the younger prisoner is very industrious and sober, and his mother chiefly depends upon him for support.
Wilson, sen. I was informed there was a job of work—one Webster knew that I dealt in casks, and he told me he had got a puncheon to sell—he said it was in a carman's yard, in Church-lane, that he had gone out, and left the stable locked—this was about three o'clock, and he said between six and seven o'clock I could see it—I went on to Mr. Pyat's, at Limehouse, and came home to tea—I then called on Chaplin for a truck, and asked him to purchase the cask—I went to meet the man
a bout half-past six o'clock, and he was there with the cask—this George webster asked roe 7s.—I told him I would give him 5s.—I rolled it away, and met my son at the corner of Prescott-street.
Willson, jun. I went with my father to Mr. Chaplin, and he told me to go to the corner of Haydon-street—I went there, but my father was hot there—I then met my father at the corner of Mansell-street, rolling the Luncheon.
JAMES WALTER BREWER . I am an officer. The elder prisoner told me that he had bought it of George Webster, but he could not find him—I took his son in the middle of the day, on Monday, and left word for the father to come to me, which he did.
PETER WILLSON, Sen.— GUILTY . Aged 41.
Confined Three Months.
PETER WILLSON, Jun.— NOT GUILTY .
NATHANIEL CLAXTON . I live in Hampstead-road, and am a shoemaker. At half-past four o'clock on the evening of the 2nd of November, I received information from ray little girl—I went to my shop door, and saw the prisoner at a distance—I followed, and took the boots from under his jacket—they belonged to me—I told him he had stolen a pair of boots—he did not say anything—these are them—(looking at them)—I had seen I them a quarter of an hour before.
Prisoner. I was going down the road, and picked them up. Witness. They were safe outside my shop a quarter of an hour before.
GUILTY . Aged 28.— Confined Three Months.
MR. ESPINASSE conducted the Prosecution.
ROBERT DRUMMOND . I live at Adams Mews, Edgeware-road, and am foreman to William Nicholls. He is a road contractor—the prisoner was in his employ, and was at work at his wharf—there were some iron strakes there—the prisoner had twelve of them, and had been doing something to them—I missed three of them—I have the three here—I have compared them with the nine remaining, and they exactly correspond.
Cross-examined by MR. DOANE. Q. Was there one Young in your service? A. Yes; and the property was found in his jacket, which was on the prisoner's back—the jacket was returned to Young—Mr. Nuttall's yard is near ours—I do not know whether he has any property of this description -Young had no business there, without he went there at dinner-time—we have no communication with Nuttalls—I have no marks on this property—I have compared it with the others—the holes correspond.
said his mate's jacket—I said it was a very heavy one—he said "Yes, there is some old strakes in it"—I took him, and asked where he worked—he said at Mr. Nicholls's—he told me he had got the strakes from a yard opposite—I found two old strakes and three pieces in his own jacket, that appeared to be recently broken, and did not make a complete piece—they wanted one piece—it weighed thirty-six pounds—I went back to Nicholls's wharf, and saw Young there, without his jacket—it is part of a yard that Mr. Nicholls rents of Mr. Nuttall.
MR. ESPINASSE. Q. Did you hear the prisoner examined? A. Yes; what he said was taken down—I know Mr. Hoskins, the Magistrate's, writing—this is his writing—it was read over to the prisoner—it was not signed by him.
MR. DOANE. Q. You have been in the habit of seeing Mr. Hoskins write? A. Yes; I saw him write this—I heard it read over to the prisoner-nothing was said to him after it was read over—he was not asked to sign it—I signed it.—(read)—"The prisoner says, I went to get my mate's jacket—the iron was on a lump of stone, and I took it—it was in another yard."
CHARLES HIERONS , re-examined. The prisoner was going away from where Young was—he was going to the Edgeware-road—I took him to the station-house, and found Young in the yard—it was about half-past six o'clock, and after working hours.
(The prisoner received a good character.)
GUILTY . Aged 24.—Recommended to mercy.— Confined One Month.,
33. CHARLES MILLER and DAVID WILLIAMSON were indieted for stealing, on the 1st of November, 4 handkerchiefs, value 3s., the goods of James Norman.-2nd Count, stating them to be the goods of John Saunders.
MART SAUNDERS . I am the wife of John Saunders, and wash for James Norman. I hung out the clothes on the 1st of November, and these three handkerchiefs—I saw them safe at three o'clock in the day—they were gone at half-past four o'clock—these are them—(looking at them.) DAVID COOPER. I am a police-sergeant. Between seven and eight o'clock on the evening of the 1st of November, I apprehended Williamson—the prisoners were both together, Winder apprehended the other prisoner—I found in Williamson's pocket one handkerchief, and round Miller's neck another—the other handkerchief was found on Miller by Winder.
Miller. We were going down the yard and picked them up.
MILLER*— GUILTY . Aged 14.)
WILLIAMSON*— GUILTY . Aged 14.)
Transported for Seven Years to the Isle of Wight prison.
ANN GEDGE . I am a widow, and lodge in Belgrave-street, New Road, I had hired the prisoner to clean my steps and do other things. On the 20th of October, I sent her away at four o'clock, and told her to return at six—she did not return—I went to the station-house when the officer came
too fetch me—I saw a shirt of my son Edward's, and the prisoner was there—I asked where she got it—she told me from among the dirty linen.
WILLIAM PERRY . I am shopman to Mr. Robinson, a pawnbroker, In Charlton-street. This shirt, which the prisoner brought to the shop on the evening of the 26th of October, she asked half-a-crown for—I asked her whose it was—she said her father's—I saw it was marked, and asked her name—she said Barber, and she lived in Ossulston-street—I went there, and then she said Welsted-street, and finding that was not right I took her to the station-house.
Prisoner. I had bad advisers
GUILTY . Aged 16.—Recommended to mercy by the prosecutrix, who promised to employ her again.— Confined Three Days.
Fifth Jury, before Mr. Sergeant Arabin,
GUILTY . Aged 22.— Conflned Three Months.
36. WILLIAM THEED was indicted for embezzling, on the 12th of September, 1l. 1s. 4d., and on the 13th of September, 1l. 1s., and on the 22nd of September, 12s., the monies of George Budd, his master; to which he pleaded
GUILTY . Aged 36.— Transported for Fourteen Years.
(There were two other indictments against the prisoner, to which he also pleaded guilty.)
37. THOMAS DAVIS was indicted for stealing, on the 25th of October, 1 coat, value 3l., the goods of James Bischoff; 1 coat, value 4l., the goods of George Bischoff: and SAMUEL DAVIS , for feloniously receiving the same, well-knowing them to be stolen; against the Statute, &c.; to which Thomas Davis pleaded
GUILTY . Aged 17.— Confined Six Months.
FRANCIS THORNS . I am the prosecutor's servant. The prisoner Thomas came to me and had the two coats from the house—the prisoner Samuel was not there—I followed Thomas, and Samuel received one of the coats from him.
FRANCIS THORNE re-examined. I followed Thomas Davis, and the prisoner Samuel joined his company when he got two or three hundred yards from the house, and they got into a run together—I followed them to a public-house, and I tried to get a policeman, and while I was looking about I
saw Samuel Davis come out with a bundle under his arm—I took hold of him, and he had one of the coats in his possession.
ANN HART re-examined. I gave up the coats by the desire of my mistress—Thomas Davis came and said he was sent by Mr. Pottinger, as his employer, for a coat and a pair of trowsers—I said I had no orders to give any out—he said he believed they were Mr. James's—I said he was not at home—I then went to my mistress, she said he must have a note from the counting-house, and he went away—he came again between one and two o'clock, and said it was a top coat of Mr. Bischoffs, and Mr. George's last new coat, which wanted stretching—I told my mistress, and she told me to give him the coats—I gave my master's top coat, and one of Mr. George's—I gave them of Thomas Davis, and he went away—I saw Thomas running—I looked after him, and sent the man after him—he said Mr. Bischoff sent him.
(The prisoners received a good character.)
SAMUEL DAVIS— GUILTY . Aged 22.— Confined Six Months.
EDWARD WHOELL . I am employed in the London Docks. I was at No. 2 Warehouse, on the 30th of last month—about ten o'clock in the morning I was moving some mats—there was a cart loaded with wool—I saw the prisoner there—he was a stranger—he moved the cart—he came and stopped his own cart, and the wool was in it—he put his hand up, tore a hole in one of the bags, took some wool out, and put it into a little bag which was nailed to the axletree under the cart—he went away for ten minutes, then drew higher up, and took some more out—I told the watch-man.
Cross-examined by MR. BODKIN. Q. Are you swearing to-day what you did before the Magistrate? A. Yes.
MATTHEW TREBILCOCK . I am a constable of the Docks. On the morning of the 30th of October the prisoner came with a loaded cart up to the gate, to go out—I had received information that he had stolen some wool, and I found the wool concealed in the bag, nailed to the axletree of the cart—there was llb. 8oz.—it was fine wool, worth about 1s. 6d.
Cross-examined. Q. Did he not tell you that it had fallen out of one of the bags? A. He did, after I stopped him.
Cross-examined. Q. He was in your service? A. Yes, for a year and a half—I believe he is not more than seventeen years old—he has been recently married, and his wife ready to lie in—I have a good opinion of him, and would take him again to-morrow.
NOT GUILTY .
GEORGE PATTERSON . I keep a shoemaker's shop, in Great James-street, Lisson-grove. On the 7th of November, from eleven to twelve o'clock, I was down in the kitchen at work—the prisoner came into the shop—the girl whom I left there called me up stairs, and said she thought the woman had got a pair of boots in her basket—I went round the counter, but could not see the boots in the basket—I let her go out, and then missed the boots—the girl ran and brought her back with them.
MATTHEW REARDON . I am a police-constable. I took the prisoner—she allowed that she took them, and said she did not know what was the cause—she begged very hard to be forgiven, in consideration of having three small children.
Prisoner. If you forgive me this time, I will never do the like again.
GUILTY . Aged 27.—Recommended to mercy by the Jury and Prosecutor.
Confined Three Days.
JOHN DARKE . I am a wharfinger, and contract to take the grains of the Artillery Brewhouse, Westminster. Rose was my carman—I know nothing of the woman—I spoke to the policeman on duty, and watched Rose myself—on the 1st of November I saw him bring his cart out, loaded from the brewery, and stop at the public-house adjoining, to take the allowance—the policeman called me, and I saw the woman coming from the cart with a barrel of grains in her arms—the officer took her and the man—I had not seen them together at all—I did not see where the grains came from—they were my grains.
ROBERT SUTTLE (police-constable B 97.) I was sent to watch the carts I at half-past seven o'clock in the evening—I saw the cart come out of the brewery, with two men, and go up Strutton-ground, and stop at a public-house—I went round a street, came up to the cart, and saw the prisoner Rose on the shaft, filling a little barrel, which the woman was holding—I stopped her, and asked what she had got there—she said it was nothing to me—I said it was, and then she said, "It is a few grains the man gave me out of the cart, for my pony."
Cross-examined by MR. CLARKSON. Q. Does she sell vegetables in the street? A. Yes—the cart passes by where she lives.
Rose. I was not the man that gave her the grains—it was another man. I
NOT GUILTY .
HENRY RUST I work in the Hackney-road, at an oil and colour-shop. On the 18th of October I had a watch in the shop, just by the side of the writing-desk—I went out for about ten minutes, and when I returned it was gone—I had never seen the prisoner in the shop—I have seen him about the neighbourhood—I made inquiry, and gave information, and the next day the pawnbroker came to me with it—this it my watch—(looking at it.)
Cross-examined by MR. CHAMBERS. Q. Did you know him? A. I know the family very well, they always pledge in the name of Taylor—his mother and sister live in Charlotte-street, I know, by putting that on the tickets—that is the only reason I know it, it is from persons of that name coming, that I think the prisoner is a brother—I know his countenance by his sister's—I never saw him before—the pledging did not take long—it was in the day-time—there was only the prisoner, and I and another man in the shop.
COURT. Q. Are you sure he is the same person? A. Quite sure.
Cross-examined. Q. What shop do you keep? A. An oil and colour-shop—I never served on that day—I served the prisoner in the absence of the man—I did not say, the following night when another boy came into the shop, "That is the boy that I served"—I said, this boy I thought was the boy that same into the shop.
GUILTY . Aged 15.— Transported for Seven Years to the Isle of Wight prison.
WILLIAM MATTHEWS . I am a gardener, and live at H ox ton. I lost a coat out of a greenhouse, in a garden, on the 9th of November, in the morning—the prisoner has worked for me, but not at that time—this is my coat—(looking at it.)
Prisoner. Mr. Matthews's cousin came to me—he said, "If you take and pawn this coat, you shall have half the money"—so I did.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined Six Months.
JAMES RAYNER . I am servant with Sir William Frimble. On the 30th of October, near nine o'clock, I was in Drury-lane—I had two handkerchiefs in my coat pocket—I heard a rustling near my pocket—I turned, and saw the prisoner—I accused him of being the thief—he denied it, but immediately gave me the handkerchiefs-no other persons were nearer than him—he said two boys took them out of my pocket, and threw them down, but I saw no boys, and the prisoner was close to me.
GEORGE WHITMILL (police-constable F 51.) I was on duty in Drury-lane—the prosecutor gave the prisoner into my charge—the prisoner said two boys took these handkerchiefs out, threw them down, and he went across and picked them up.
Prisoner's Defence. I was in Drury-lane, on the left-hand side, going towards Temple-bar—I saw two boys go and pick the prosecutor's pocket—I ran across—they saw me, threw the handkerchiefs down, and crossed, land turned down a court—I took them up, and gave them to the prosecutor—I told him I did not do it, but I saw the boys do it, and I pointed out which way they had run.
WILLIAM WILSON . I have worked as a coach-maker, but I am out of work at present—I did work for Mr. Norris—I have left him a long time and have been working for myself, mending boots and shoes, beating carpets, and cleaning windows—I have given my stall up about a fortnight ago—I lived with my parents at No* 9, Union-street, Lisson-grove—I do not know the prisoner, but I have come to state that I was walking down Drury-lane between nine and ten o'clock that night, and saw two boys run from a gentleman—I saw a young man go across to him, and the gentleman turned and gave him in charge—when I saw the prisoner at the office I said it was not him, it was two other boys—I went down the following evening to Bow-street, (I was not there when he was examined,) to see if he had got off—I never spoke to him in my life—his mother did not know me—she was there bidding him good bye—I went up and asked her if she knew him, seeing her speak to him, and then I said I saw the thing done—she asked me if I would come forth here and say I saw the thing done—she told me to come to Newgate—I was not down at Bow-street at the time he was up to have his hearing.
GUILTY . Aged 21.— Confined Three Months.
JEREMIAH PRATT . I am a pensioner from the Grenadier Guards. On the 3rd of November I was in the Canteen at Westminster, about half-past seven o'clock—the prisoner was there—he is a soldier in the Grenadier Guards—he sat very near me—we drank together—I had been drinking with the regiment—I cannot say I had known him before—I took my snuff-box out, and placed it down before him and others—they claimed each to have a pinch from that snuff-box, it being presented from the regiment to me—when I wanted it again it was not forthcoming—I then missed the prisoner—I called in a policeman, and went to two pawnbrokers and at the second one found the box, and the prisoner was taken—I was sober—I did not give him leave to pawn it there—I was twenty-three years a staff sergeant in the regiment, and twenty-six years in the service, and two years and a half in the navy—this is my box—(looking at it.)
Prisoner. Q. Do you know what you said to me during the afternoon you were there? A. No—I offered 30s., and then I offered 5l. rather than lose that box—I gave you money and good treatment—I gave half a crown to a man out of the window.
Prisoner. He gave it me as a present, and said, when he was gone I
might say such a man gave me that box. Witness. I deny that positively.
Prisoner. You asked me whether I would sell the box—I said, "No, on no account." Witness. I said nothing of the kind—we never buy—I asked how he came by it—he said it was given him, and he would not lose it for double the money—he pawned it for 15s.—it is worth about 1l. as old silver—it is engraved, which takes a great deal of the value off.
GEORGE SANDERSON . I was sitting in the tap-room the whole evening, and found the ticket in the prisoner's coat-pocket—the prosecutor was quite sober—the prisoner left the tap-room, and the box was missing—I did not hear the prosecutor give him the box, nor did I see him put it on the table.
Prisoner. He gave that man. 9s. 6d. for running a race—he gave me the box voluntarily—I owed a man a little money, and pawned it to pay him.
(The prisoner received a good character.)
GUILTY . Aged 23.— Confined Six Months.
45. JOHN WEBB was indicted for stealing, on the 13th of November, 1 pair of shoes, value 4s., the goods of William Johnson; and also, on the 14th of November, 9 spoons, value 8s.; and 1 pair of sugar-tongs, value 2s.; the goods of Richard Frasier; to both of which he pleaded
GUILTY . Aged 17.— Confined Six Months.
46. JAMES WHITE was indicted for stealing, on the 3rd of October, I pewter pot, value 1s.; I quarter of a pint of gin, value 4d.; 2 half-crowns, and 15 shillings; the goods and monies of William Griggs, his master.
ANN GRIGGS . I am the wife of William Griggs. On the 3rd of October the prisoner asked me for a quartern of gin in a pint pot, to take to a customer—he then asked for change for a sovereign for Mrs. Noble, a lady that Jives in Mason-row, near us—he asked what she owed, and we told him it was 3s.; and then he asked for change for a sovereign to take the bill out of it—he said he should get the bill paid—he took the change for that purpose—I gave him two half-crowns and fifteen shillings—I am sure there were some shillings—I cannot swear that there was a half-crown—he did not return—I never saw him till he was at Hatton-garden, about three weeks after—he took his clothes with him.
Prisoner's Defence. Mr. Griggs was out when I went to the bar for the
gin, and the daughter gave it me—I brought the pint pot back, and left nearly half my clothes behind—I was intoxicated when I went away.
GUILTY . Aged 20.— Confined Three Months.
OLD COURT.—Thursday, November 29th 1838.
Fourth Jury, before Mr. Sergeant Arabin.
47. FRANCIS PODIO, alias Vaughan , was indicted for feloniously having in his custody and possession 3 counterfeit shillings, with intent to utter the same, having been before convicted of uttering counterfeit coin, to which he pleaded
GUILTY . Aged 45.— Transported for Seven Years.
48. GEORGE CH AMPTELOPE was indicted for stealing, on the 31st of May, at St. Paul, Covent-garden, 1 coat, value 3l.; 1 cash-box, value 12s.; 10 sovereigns; and 1 £5 Bank-note; the goods, monies, and property of Thomas Evans, his master, in his dwelling-house:- also, on the 3rd of March, 1 cloak, value 12s.; 2 gowns, value 12s.; 1 shawl, value 6s.; 1 printed book, value 4s.; 1 table-cloth, value 2s.; 1 pair of earrings, value 2s.; 1 brooch, value 3s.; and 1 purse, value 2s.; the goods of Job M'Donald : to both of which he pleaded
GUILTY .*—Aged 17. Transported for Fifteen Years.
Before Mr. Baron Alderson.
49. SAMUEL FLETCHER the elder, SAMUEL FLETCHER the younger, SAMUEL BARKER , and GEORGE FLETCHER , were indicted for feloniously forging and uttering, on the 17th of June, a certain order for the delivery of a truss, containing merinoes; with intent to defraud the St. Katherine Dock Company:-Other COUNTS, charging Samuel Fletcher, junior, as a principal, and the other prisoners as accessories.
MESSRS. PHILLIPS, CLARKSON, and BALLANTINE conducted the Prosecution.
JOHN HOLDSWORTH . I am a worsted manufacturer at Halifax, in Yorkshire. On the 1st of June I sent by Hull, a truss, containing 20 pieces of black merino, marked "I V" and "I" in a diamond—it was consigned to I. M. Van Bergh, London—it had no further direction—I did not give an order to any one but Mr. Van Bergh to receive those goods.
JOSIAH CHIPPENDALE . I am superintendent of the St. Katherine's Dock steam wharf. On the 20th of June I received this order by the Twopenny Post—I handed it to Mr. Wright, a clerk in our part of the establishment, in due course—Mr. Dale contracted for the cartage of the respective Steam Companies who used the wharf, and the prisoner Barker was delivering foreman and clerk to Mr. Dale-all orders for the delivery of goods would pass through his hands—he would in the performance of his duty have an opportunity of seeing the different trusses and bales brought by vessels, and of seeing the marks, &c. on them—it was his particular duty to look at them, and examine them with the manifests of the vessels, to which he had access—he would have an opportunity
of miss-delivering goods if so disposed—the delivery department was under his entire management as far as regards Dale's conveyance—I do not know of my own knowledge that this order was ever in the hands of Barker.
Cross-examined by MR. THOMAS. Q. You have a great deal of traffic I suppose, at this wharf? A. Yes, a great deal—I am superintendent of the wharf—I open all letters which come by the General or Two-penny post, examine the cash accounts of the Company, and have the general management of the wharf—there are three clerks under me, Wright, Poole, and Welch-all the goods which come by the steam companies for which Dale is engaged he carts away—he is engaged for all the companies, but other carriers have access to the wharf-every carrier has access who has orders for goods—Dale is peculiarly engaged to deliver the goods for the steam companies—the other carriers only deliver if they have orders—Dale delivers without and with orders-if they have directions on them he delivers them of course, but if only marked as in this case, he only delivers when an order comes—he is the chief carrier—the greater part of the business of the wharf is with the steam vessels—my duty and that of the clerks is entirely confined to the steam wharf—Dale cannot come and take away goods without a check on him—he is obliged to come to us with his book, in which we make out the charge—Barker is his confidential clerk—he enters all kit orders in the book, and we make out of that book the charge—Dale never sees the order—it is Barker does all the business—he has the entire confidence of his master.
Q. Could he, without producing this book, take away any goods without any check by you or the clerks? A. Certainly net, without producing the book, because the goods must be entered in the book—he must produce the book to me, or some clerk, with the entry of the goods to be taken away-no goods can go out of the Dock without such entry being shown to me, unless fraudulently taken away-if a bale was stolen the order would not appear in the book-unless forcibly stolen: away, they mutt appear in the book.
Cross-examined by MR. PRENDERGAST. Q. Are the trusses which, come by the stream-boats placed on the wharf? A. Yes—they remain there probably some time, if not fully directed or consigned by the manifest—the one in question remained some time, because it was only marked, "I V I," and In the manifest it was, "I. M. Van Bergh, London"—till we received another manifest with other goods, with Mr. Van Bergh's address on it, we could not deliver it—a great many people could not have seen the truss on the wharf—we do not allow people to go there—the clerks of the wharf might see it, but not the messengers or porters, only the warehousemen—this particular bale was housed in the warehouse—it did not hay on the wharf twenty-four hours before it was housed.
MR. CLARKSON. Q. Would any person who had not access as well to the manifest of the vessel, as to the goods on the wharf, be able to know that "IV London" meant I. M. Van Bergh? A. Certainly not—it was the prisoner's exclusive duty to compare the parcels on the wharf with the manifests of the vessels-all that is on the truss is "I V" in a diamond, and "No. 1" at the bottom, but in the manifest it is, "I. M. Van Bergh, London," giving a corresponding mark to that on the bale—the warehouse-men had the putting of the truss into the warehouse from the wharf—the parties connected with the Dock itself, have nothing to do with the steam
wharf, except those employed there—there are no other steam companies at this wharf except those for whom Dale is employed as carrrier—he is the sole carman for the steam companies, but many merchants send their own carters, or hire carts, and they take goods on producing orders—Dale is the only contractor with the steam companies for the removal of goods-nobody but Barker has access to the ship's manifests to compare them with the bales, and see if they are proper to. be delivered-if this order had been personally delivered it would have come to me—I open all letters, and hand them to Wright, who hands them to Barker, and he would order the goods to be put into Dale's cart, and send them away.
JURY. Q. If an order was brought for an article not requiring a cart, might it be taken away on the shoulder without Barker's knowledge? A. Yet—Barker's knowledge was confined to Dale's conveyance, by which it would go, unless there was an order to send it by another conveyance-an order forwarded by post for general delivery would necessarily pass through Barker's hands.
COURT. Q. Where are the goods placed when they come? A. On the wharf—they remain there till other goods, which are fully directed, are delivered, and then they are warehoused-Wright, and Barker, and the ware-housemen, have access to the warehouse, and the other clerks on the wharf would have access to it, if Wright was absent-myself, the three clerks, and Barker, have access to the manifest—the warehousemen have not.
MR. THOMAS. Q. Is not the manifest exposed outside the wharf, and strangers have access to it? A. I am not aware of it.
(Order read)—"To the Superintendent of St. Katherine's Dock Wharf. Please to deliver I truss I have in your hand, marked, 'I V,' in a square, to Southgate, packer, Old Change, per Vivid, from Hull, and you will oblige I. M. VAN BERGH. 20 June, 1838."
THOMAS WEIGHT . I am delivering clerk at St. Katherine's Docks. On the 6th of June, a truss was landed on the wharf out of the Vivid, from Hull, consigned to I. M. Van Bergh, London—I know that by the ship's manifest—I have not that here—the truss itself was marked "I V," in a diamond-H remained in the custody of the Company from the 6th to the 20th of June—(looking at the order)—I received this order from Mr. Chippendale, and handed it over to Barker for the delivery to be effected—I did nothing to it myself—Barker afterwards returned me the paper, with a cross to it, which I considered was a signification that the delivery had been effected—it is considered to have that effect-in some instances he made it, and in some not—I saw the truss loaded into the cart—Abrahams, one of Dale's carmen, was the driver—this is the delivering book, and here is an entry, "June 20, Vivid, I. M. Van Bergh, to J. Southgate, packer, Old 'Change, I truss, I V," in a diamond-"No. 1. 2 cwt 1 qr. 6 lbs. free," and signed "R. Collins," as being delivered—that entry is all in Barker's handwriting, exceptthe "R. Collins"—I saw Barker give the delivery book to Abrahams-four trusses had been delivered to the address of Mr. VanBergh, about the 12th or 13th of the same month—I saw those trusses, and saw the address on them—they are also entered in this book-the. entry is in Barker's handwriting—the place of abode of Mr. Van Bergh is entered as "72, Leman-street, Goodman's Fields"—I know the ship's manifest—(looking at it)—here is "I. M. Van Bergh, London"—that is the, entry of the bale in question in the manifest.
Cross-examined by MR. THOMAS. Q. One of these comes with each
ressel? A. Yes, this is the original—I enter the goods in the wharf book—when this is brought to the wharf, it is filled up and put in my office-a copy of it is made first—that copy is not put outside the office, it is kept in my office—it ought not to be exposed so that strangers coming to the wharf could look at it—I will not swear it was not—I cannot swear that strangers have or have not seen it—it was not exposed for inspection, but I cannot say persons without my knowledge have not seen it, because I do not know—the office door is at times shut, and at times open-persons come to the office to inquire about goods coming to the wharf—the manifest book is never shown to anybody—Barker has possession of it outside to examine the goods with it, but nobody else-if strangers come to inquire about packages, I should refer to the manifest book and answer them, and so would the persons I leave when I am away.
COURT. Q. If a man asked about a parcel, would you ask him to describe it? A. Yes, and compare it with the manifest-if I showed the manifest to every body who asked, there would be no use in keeping it as a check.
MR. THOMAS. Q. Do you sometimes compare this with the inquiries they make? A. When they inquire for goods, I look at the book, and if I have no such goods, I say I have not—I do not show them the manifest or the book—the entry in the book is "I. M. Van Bergh ditto"—it is a copy from the manifest, made by Barker—it is necessary he should show the book to me before he sends the goods away, to make out the charge, and to have a check on the delivery—the entry in this book is taken from the order, not from the manifest.
Cross-examined by MR. PRENDERGAST. Q. Supposing you leave your office for a short time, do not you leave the manifest book on the desk? A. No, it is the practice to close it, and put it into a book-case—the book may be left open in the hurry of business, but no person could come and look at it—persons bringing an order do not stand before me when they come to the desk, but by my side—they have not the opportunity of looking at the book—my desk is partitioned off, and the person hands it over the partition for me to compare it—I never allowed a person to come inside and compare orders with me—the book is exclusively in my charge—when I am absent, one of the other clerks has access to it, Poole or Welch.
JOHN ABRAHAMS . I am in the employ of Mr. Dale. I remember delivering a truss from St. Katherine's Wharf to Mr. Southgate, Old Change—(looking at the delivery-book)—this is the entry—it was on the 20th of June I received that truss at the dock—I believe Barker was there, and delivered me the book—when I delivered the goods at Southgate's, I received the signature of the party to whom I delivered it.
RICHARD COLLINS . I am in the employ of Mr. Southgate, a packer, in Old Change. I know the prisoner George Fletcher—I saw him on the 20th of June, before one o'clock, at Mr. Southgate's counting-house—he asked for Mr. Southgate, who was not at home, and he told me he had a bale lying at St. Katherine's Wharf, and asked me if I would take it in—I said, "Yes," and it came the same afternoon, before five o'clock—it was marked "I V" in a diamond—I did not notice whether there was a figure "I"—this is my signature to the delivery-book—I received the bale specified there as "I V, No, I"—George Fletcher came again, about five o'clock—the bale then laid in the warehouse—he came
in, put his hand on it, and said, "I see you have got my bale"—he went into the counting-house, and paid the charge-a man brought a truck up, and he put the bale into the truck, and took it away-George Fletcher did not tell me his name on that occasion—I saw him again about the 4th of July—I am positive he is the same man—he was in the counting-house, and stated, in my presence, that his name was John Bond—I am quite certain of that—I accompanied Lea, the officer, down to Yorkshire, to have him apprehended.
Cross-examined by MR. PRENDERGAST. Q. He came about five o'clock the second time? A. It might have been about five minutes before—the first time might have been about ten o'clock—it was some time before dinner.
( The post-mark on the order was "20 June, 12 noon. ")
JOHN SOUTHGATE . I am a packer, in Old 'Change. I remember's bale being at my house, marked "I V" in a diamond—it was delivered at my warehouse on the 20th—on the 21st the prisoner George Fletcher came into the warehouse, laid his hand on the bale, and said, "You have got my bale in, I see—I shall sell it this morning, what is your charge?"—I told him 1s.—he paid me, and said he should have a few more bales in a few days—I did not ask him his name on that occasion; but on the 3rd of July, when he delivered me three other bales, I asked his name, and he said, "John Bond," and paid me 3s.
Cross-examined by MR. THOMAS. Q. What time in the morning of the 21st was it he called? A. I should think between eleven and twelve o'clock—Collins was there then—that was the day the paid me.
Cross-examined by MR. PRENDERGAST. Q. And that was the day the bale came? A. No, it came on the 20th, and next morning he came and said, "I see you have the bale"—I did not see him again that day—I did not see the bale delivered—I was only there when he came in—it went away on the 21st—I was there about five o'clock in the evening of the 20th—the prisoner was not there then, to my-knowledge—it was in the morning he came.
RICHARD COLLINS re-examined. I cannot say exactly whether he called once or twice on the 21st—I do not know exactly what time this bale went away—I was thinking about the others, delivered on the 4th of July-l only know this bale went away on the 21st—the prisoner only called once on the 20th—he fetched, the goods away some time on the 21st—I do not know at what time—I cannot exactly say whether it was in the morning or afternoon on the 20th that he called.
JOHN WILSON . I am in the service of George Marshall, warehouseman, Lawrence-lane, as buyer. I know Samuel Fletcher, senior, very well—I remember his calling at my employer's house on the 23rd of last June-before he called, I had teen a sample of black merino in the warehouse—when he came, he said he had got some merino for sale—the sample was on the counter in the warehouse at the time—I looked at it, as he said he had it to sell—he did not refer me to it—I bought fifteen pieces of him, at 36s. a piece—he brought one piece with him—the others were delivered while I was absent—I believe they came the same day-an invoice was made out by Fletcher's request, by Mr. Marshall's brother, and I paid him after the goods were delivered—this is the receipt he gave me—it was signed by him, in my presence, when I paid him—Barker
afterwards sold eleven of the pieces to Scott, buyer to Hall and Francis of Bread-street, and four to Timothy Thomas, Tabernacle-walk.
Cross-examined by MR. PRENDERGAST. Q. Have you seen many such merinoes before? A. A great many—there was nothing remarkable about them—(Receipt read.)
"23rd June, 1838.
"Received 26l. 6s. 6d., from Mr. George Marshall, for fifteen black merinoes, for W. Fletcher. Signed, SAMUEL FLETCHER."
Cross-examined by MR. PRENDERGAST. Q. I suppose you have plenty of other merinoes of that sort? A. Plenty.
JOHN GREGORY . I live in Dean-street, Holborn. I know the witness Tibbs—I remember his asking me to pawn some merino for him, which I did, at Walter's, in Dean-street, for a sovereign—I gave the money and duplicate to Tibbs.
Cross-examined by MR. THOMAS. Q. How long have you known Tibbs? A. I should think eight or nine years—he was a grocer, opposite me—previous to that he was a post-boy, I believe—I have heard that he has been in difficulties several times.
HARRIET GREGORY . I am the wife of the last witness. I know Tibbs—some time in June, I think he brought some merino, some diaper, carpet-covering, and some cloth for us to sell some of them if we could—some of the merino was pledged, and some Stevens found at my place.
Cross-examined by MR. THOMAS. Q. Where does Tibbs live? A. He lived next door to us for some years—he afterwards lived at Temple Mills—he moved from Dean-street, about fifteen months ago—I have been in the habit of seeing him frequently since that, as I was down there twice—he has a wife, a daughter-in-law, and two other children—the daughter-in-law lives with them—I do not know whose children they are-to the best of my knowledge, one is Mrs. Tibbs's, and one her daughter's—I have always heard so—Tibbs was a grocer, in Dean-street—he was away several times while he lived there—I do not know where he was—I do not know what he was before he was a grocer—he has been collecting-clerk at Temple Mills since, as he told us when he brought the goods, and he said he exchanged them in Yorkshire for wool.
MR. CLARKSON. Q. Do you know any of the other prisoners? A. I knew nothing of them till I saw them at Lambeth-street—I saw George Fletcher once in the garden at Temple Mills, in July, I think, when I went down to see my little boy, who was at Tibbs's there for a month.
WILLIAM SHIRLEY NEWTON . I live with Mr. Walter, a pawnbroker, in High Holborn. I produce a piece of merino, which was pawned by John Gregory, Dean-street, for John Tibbs, Temple Mills, Essex, on the 4th of August, for 1l.
GEORGE JOHNSON FRANCE . I am in the employ of Mr. Fleming, of Newgate-street, pawnbroker. I produce a piece of merino, pawned on the 4th of July, for 25s., by Tibbs, in the name of John Lodge, No. 41, Bow-lane.
the 5th of July, in the name of "John Lodge, 40, Bow-lane"—I cannot positively swear, but to the best of my belief, it was pawned by Tibbs.
SARAH JOHNSON . In July last, John Fletcher lodged at my house—I know all the prisoners-in the course of July I did not we Samuel or George, but I saw the old man frequently—I never saw Barker—I have only seen the old man at my house—he came there in July, and I asked him about the rent—he said he should have a piece of merino in the course of a week, and he would let me have piece for John Fletcher's rent.
JAMES LEA . I am an officer. I produce three duplicates which were given to me by Mrs. Tibbs, by order of Tibbs—I have some-merino which I found at Tibbs's house—I produce a book which I found on old Fletcher's person on the 13th of September, and here is a paper I found at his house—he was not present when I found it—he said he knew nothing about it—I asked him if he knew Barkers—he said he had known him some years—I asked if he had dealings with him, and paid him money, he said he had paid him small sums of money, but not lately.
Cross-examined by MR. PRENDERGAST. Q. Why did you not state that yesterday? A. I was not asked the question—I gave one part of it, and was going to state the rest, but was ordered to stand down.
JOHN TIBBS . I live at Temple Mills, Hackney-wick. I know Barker—on the 17th or 18th of June he came to Temple Mills—he had an order with him for a bale of goods, with the mark "IV," in a diamond, and No. "1," on the left-hand side—it was copied by Samuel Fletcher, June—Barker kept the paper-all the prisoners Were there—this is the piece of paper that Samuel Fletcher wrote—(looking at it)—Barker said the copy was to be made for a truss lying in St. Katherine's wharf—I heard him say so to Fletcher, senior—the other prisoners were present—he said it loud enough for all to bear him—after Samuel Fletcher had made the copy he gave it to his father—Barker kept the paper in his hand, and read while Samuel Fletcher wrote according to his dictation—I and old Fletcher afterwards came to London—he left me at Sparrow-corner, at the corner of the Minories, on Tower-hill, and told me he was going to Barker's lodging, which is on Tower-hill—he came back to me, and I went with him to King William-street, and then went to the warehouse with the horse and cart—I think this was on the Monday or Tuesday after the first meeting—on the 20th or 21st of June, I again came to London, with Fletcher, senior, and George Fletcher—I took my cart with me—George and his father left the in Fore-street—I waited there about an hour or an hour and a half—I did not go into Bishopsgate-street—I waited till George Fletcher brought a truss, on a truck, into an inn at the corner of Cripplegate—there was another man with him—he brought it to a wagon office in Whitecross-street—I went there with the cart, by his direction—he was waiting in the gateway-George Fletcher and I lifted the truss into the cart, and went to Fore-street, and waited there for his father—we then went down to Fletcher's house at Temple Mills-George Fletcher told me the truck was got in Wood-street, and that he got the bale at Southgate's, the packet's—Barker came down to Temple Milk that evening, about seven or eight o'clock, and said how nicely he had done Mr. Dale out of the goods—there was only old Fletcher and me there—he went up stairs, and looked at the merino—it was black merino—he said how nicely he had done the St. Katherine's Dock out of the goods, and John Dale—he told Fletcher be should take one piece of merino away with him—before
Barker came, old Fletcher cut the bale open, and four pieces of merino were taken out—it contained twenty pieces of merino, nothing else—the four pieces were taken into another room, and hid from Barker—sixteen pieces remained—one piece Barker took away about nine or ten o'clock in the evening—the other fifteen he put on the floor-a few days afterwards, I, and Samuel Fletcher, senior, took the fifteen pieces up to town in my cart—we stopped at Mackay's public-house, on the pavement in Moorfields—I took the merinoes to the Fox and Goose-yard, London-wall, and put the horse and cart up there-old Fletcher waited at Mackay's till I returned—I left the merino at that place, and Fletcher went and took the cart and merinos away to sell-where he took them to I cannot tell—I saw him again that evening, and he borrowed two sovereigns from me, and gave me a £5 note—he said he wanted the 2l. to make up some money, to take to Barker, instead of the £5 note-a day or two after I had two more sovereigns from old Fletcher, at his house-old Fletcher and I took two more pieces of merino up to town after this—about the 20th of March he paid me 1l., and I think he paid me another 1l. afterwards. I pawned one piece of merino for him on Snow-hill—I do not remember the pawnbroker's name—it was in the evening, I think in July, and for a sovereign I think—I pawned another piece of the same merino in Newgate-street—I do not recollect that pawnbroker's name—I do not think I pawned any more myself—I left one piece with Gregory, and asked him to pledge it, and there were some pieces cut into lengths, two or three of which I sold Mrs. Gregory—I have seen Samuel Fletcher write—I have an I O U of his by me now—(looking at a paper)—this is Fletcher's, sen., writing—(looking at a book)—I do not think this is his—I cannot tell whose it is—these are the two duplicates for the merino I pledged—(produced by Lea)—I cannot pick out the merinoes I pledged from the piece which went to Gregory's—I think this is the piece that went to Gregory's—(looking at the merino)—I remember being at old Fletcher's, at Temple Mills, about the 10th of September, in the evening—he said that he had had a letter from Yorkshire, that his son George was taken up by the high-constable—he had the letter in his hand—I asked him to let me see it—he told me "No," and burnt it, and desired me, if I had any of the goods about me, to take them away immediately.
Cross-examined by MR. THOMAS. Q. How did you ascertain that it was on the 20th or 21st, that Barker was down at the mills? A. By my recollection—the document was written on the 17th or 18th, on a Sunday—my recollection was called to it at Lambeth-street—I was admitted to give evidence against the prisoners.
(The witness was further cross-examined at considerable length, with respect to the various transactions with his creditors, and admitted, as on the former occasion, an incestuous intercourse with his wife's daughter; who would be twenty years of age next June, and that the child he had by her was five years old. See page 22.)
ISRAEL MOSES VAN BERGH . I am a merchant, and live at No. 72, Leman-street. I have a correspondent at Halifax, named Holdsworth—this order is not my delivery order—I never authorised any body to draw it up or have it presented—I never received the goods for which it purports to be an order—I know nothing whatever about it—about the 12th of June, I think I received three trusses from the St. Katherine's Dock—this order is not the writing of any body in my establishment.
(The paper which was read on the former trial, purporting to be a "settlement with Barker," was here read.)
RICHARD GUNNER . I am a letter-carrier of the post-office. This order I find by the post-mark was put into the post-office before twelve o'clock, at Aldgate—it was then taken from there to the chief office in St. Martin's-le-Grand, and there it was stamped "twelve o'clock"—it was taken out of the chief-office at two o'clock for delivery—it was not put in in time to go out by the twelve o'clock delivery.
JOHN HOLDS WORTH re-examined. These two pieces of merino produced by Scott, are our manufacture, and left our warehouse on the 1st of June last—they were part of the twenty pieces sent in the truss for Mr. Van Bergh, with the initial I have described—this other piece, produced by Warren, was part of the same truss of goods—the private number has been pulled out, but on looking at it through the light, I can see where it was, and the tab is cut off that produced by Scott—it would be sold with the tab in the ordinary way, but what we call the private picking, which is three pieces of cotton in the end of the piece remains—these two pieces are not in the state they left our premises-both those produced by Scott are the same—these produced by Walter are part of the twenty pieces—there is part of the tab remaining—this produced by Frances is also one of the pieces, and here is the thread-mark drawn out, but the impression left on the tab—this piece, found at Tibbs's, is the same quality, and this, found at Gregory's, formed part of one of the twenty pieces-here is the private picking-mark—we sold this merino for 45s. a piece, delivered free in London—it cost us in the grey state 38s., and 3s. we pay for dyeing black, which is 41s.
Cross-examined by MR. PRENDERGAST. Q. The two from Scott have nothing but the private picking? A. No—the tab has a number put on it—these pieces of Scott's have been re-made up since they came to London, re-finished and re-pressed to make them look better—it is dyed after it is picked, which makes the mark not quite white—that is the case with all of them—the picking is according to the quality—it may vary a little when re-finished in London—this has been re-finished in London, the heading put into the inside, and the better part of the quality put outside—the picking would be the same on one as the other, unless those who re-press it in London take some threads off, perhaps, there ought to be three rows, a large one in the centre, and small ones on each side—this has the picking in—it left our place with three pickings, a small one on each side, and a broad one in the middle—the broad one and the narrow has been cut off—the head-end is cut off this piece—it is not a whole piece—I swear to these by their quality, and to the others by the private mark on them—(unrolling a piece)—this has been cut, and has not the private picking on either end—I swear to this being ours by the selvage also, which has double worsted in it—I never saw any others with so many double threads as ours—we put in six double threads, but one might break in warping—I would not swear that no other manufacturer puts so many as six threads in the selvage—we never did this quality in our lives but the twenty pieces—we never made any but them—we were commencing some new power-looms-a gentleman called at our warehouse, and wished these dyed black—we said we would not undertake the responsibility of dyeing them, but they were dyed to his order—these are made for a hot climate—a
portion of the heading is cut off, not the whole—there is not enough left to include the mark.
MR. PHILLIPS. Q. Some of these have your private mark? A. There is the impression of the private mark—the two produced by Scott have had some alteration since they left our manufactory, but I have not the least doubt they were part of the twenty pieces—I know them from their quality, from the warp on the back, as it is too thick for the weft—it was made so to bear the fatigue of weaving with the new power-looms, as it required more strength—it was to prevent the loom from breaking the warp—when the loom gets more easy, we make the warp weaker.
NOT GUILTY .
First Jury, before Mr. Recorder.
MR. DOANE conducted the Prosecution.
JOHN YOUNG . I am a publican, and live at Hadstock Folly, Bucks. On the afternoon of the 29th o£ October, I saw my black gelding safe in the field—it was branded with J Y on each hoof, and had a switch tail—the gate of the field was shut—I went next day to the field and the horse was gone—I traced footmarks out at the top gate down the turnpike road leading towards London—the prisoner bad lodged at my house two or three nights—he came on the 27th under the pretence of buying cattle—he came again on the 28th, and stopped at my house all night, and about three o'clock in the next afternoon he went away, saying he should return that night, but he did not, which made me suspect him—I afterwards received information from Bates, and found my horse at Smithfield—it is worth from 10l. to 12l.—I also lost a bridle and saddle out of my stable.
Cross-examined by MR. PRENDERGAST. Q. How long had you had it? A. Five years—I have seen it here to-day, and know it very well—it had a switch tail when I lost it, but has not now—I did not know that there was a drove of horses not far from my house, brought from a fair—the prisoner told me he was a butcher, that he was buying some bulls for a man in London, and his master was coming down to pay for them—my horse had a star in his forehead, a white spot—my son made the brand mark J Y, about three months ago.
EDWARD THACKER . I am ostler at the Royal Oak, at Holsdon near Wilsden, Middlesex, kept by Goddard. On the 30th of October, about one o'clock in the afternoon, the prisoner came there with a black horse, which had a white star on the forehead, and was marked J Y on all four hoofs—the tail appeared to have been cut off clumsily with a knife or something, not as a carrier would do it—he told me he had rode him fifty-two miles that day, and wished me to take care of him—the horse was fed in the stable, and he afterwards came and borrowed a pair of scissors of me to square the horse's tail—the horse was turned into the field for two or three nights, and afterwards Greenwood and another came down on the 7th of November, and bargained with the prisoner to buy the horse, and they took it
away—I was holding the horse while the bargain was made, but did not hear what was said.
Cross-examined. Q. Yours is a large inn, is it not? A. Yes—he came openly in broad daylight—I am sure there was J Y on the horse's hoofs—I particularly noticed it—it was branded—I saw it last week in Bate's possession, and it was the same horse.
DANIEL GREENWOOD . I am a dealer in bones, and live in Cow Cross, Smithfield. On the 7th of November, I was at Holsden-green, near Wilsden, in company with Sutton, and saw the prisoner—he asked me if I wanted to buy a horse, as he had one to sell—I said, "Yes"—he said, "I have one turned out in the field that will suit you"—the ostler fetched it up—he told me he gave 6l. 10s. for it—I said I could not afford that, I would give him 5l.—he agreed, and I got the horse, but did not pay all the money then—on the 9th I sent Whitty with it to Smithfield to be sold—I have seen it since in Bates's custody—it is the same horse.
Cross-examined. Q. Are you a knacker? A. I was—I have left that trade, and deal in bones—I wanted this horse for my cart, but it did not suit me—it was not big enough—it is a common horse—it is a regular black horse, very rough, as if it came out of a country drove—I have seen many horses with white stars—it is very common—I do not know whether the mark on the hoof is common.
RICHARD WHITTY . I was employed by Greenwood to sell the horse with a star and J Y on the hoofs, at Smithfield, on the 9th of November—I sold it for 8l. 10s. to Warwick—he gave the money to the owner of the horse.
WILLIAM WARWICK . I am a butcher at Laytonstone, in Essex. I bought the horse of Whitty on the 9th of November—Sergeant Bates came and took possession of it a week after—I did not notice the white star, but I know it was marked at the hoofs—I saw J Y on the hoofs when I bought it—the letters were quite plain—I am not mistaken about it.
JAMES BATES . I am a City police sergeant. In consequence of information I received I went down to Laytonstone, and took possession of the horse which Warwick had—I have had it ever since—I have shown it to the prosecutor, and he claims it.
GUILTY . Aged 46.— Transported for Ten Years.
(There was another indictment against the prisoner.)
NEW COURT.—Thursday, November 29, 1838.
Fifth Jury, before Mr. Common Sergeany,
GUILTY . Aged 32.— Confined Six Months.
GUILTY . Aged 33.— Confined One Month.
53. JAMES BATEMAN was indicted for stealing, on the 6th of November, 1 pair of trowsers, value 1l.; 1 waistcoat, value 7s.; 1 shirt, value 5s.; 1 pair of stockings, value 1s.; 1 pair of braces, value 2s.; 1 handkerchief, value 2s.; 1 razor, value 3s.; and 100 cigart, value 5s., the goods of George Trundle; and that he had been before convicted of felony.
GEORGE TRUNDLE . I live in Great Queen-street, Westminster. I left town five weeks ago, leaving my house in the charge of two female servants—I returned on Monday evening, the 5th of November—the next morning I went to my clothes chest, missed the articles stated, and a great many more—some of the things were new—these are part of what I missed—(looking at them.)
CATHERINE ALEY . I am the prosecutor's servant. The prisoner has been in the habit of visiting me at my master's house lately, and has slept there—he had an opportunity of taking these things—I have known him three years and a half—he has been in the habit of calling at the house for the last three months.
Prisoner. She could produce other articles that would prove my innocence—she is aware that the other servant and her have had two or three men in the house of a night.
ALGERNON SMITH . I am a constable of Queen-square. I went to the prosecutor's house, and staid till the evening—I met the prisoner coming to the house and took him—I found on him these cigars, and all these clothes which the prosecutor owns were on his back.
Prisoner. I solemnly assure the Court I am innocent—the trowsers and waistcoat belonged to my deceased brother, George Bateman.
Prisoner's Defence. My brother was on board an East Indiaman, and these were part of the clothes given me by him—the braces I purchased in Oxford-street—the cigars were given me by Charles Williams—the razor belonged to Mr. Trundle—it was used by Kitty to cut her corns, and after that by me to shave—the shirt I bought.
GUILTY .* Aged 22.— Transported for Seven Years.
54. JOHN SULLIVAN and THOMAS DIXON were indicted for stealing, on the 29th of October, 1 purse, value 1d.; 1 brooch, value 1s.; 1 apron, value 1s.; 1 shilling, and 6 sixpences, the goods and monies of Frances Bazzil, from her person.
MR. ESPINASSE conducted the Prosecution.
FRANCES BAZZIL . I live in Theobald's-road, and am servant to Mr. Jones. On the night of the 29th of October, I was in an omnibus—I got out about a quarter to ten o'clock, at the bottom of Chancery-lane—I felt unwell, and was very giddy—I went a little way and sat down on a step-in about five minutes the prisoner Sullivan came to me—he had been on the seat of a cab—he said, "Dear, where are you going?"—I said, "Home as fast as I can"—he said he was only going a little way further up to Southampton-buildings, and he would take me home—he said nothing else—I went after the cab to Southampton-buildings—I then got into the cab,
and he drove on—he asked me where I lived, and I told him, but he did not go to Theobald's-road—he drove on about ten minutes, and I looked up and saw it was Bow-street—he said it was his mistake, he would give the horse some water and take me home—he then went on to Bow-street stand, and while there, he called a man by the name of Tom—that was the prisoner Dixon, who came to him, and Sullivan whispered to him—they gave the bores some water—they did not stop above two or three minutes—Sullivan then got into the cab, and Dixon got on the top and drove—Sullivan asked me if I had any money—I told him "No"—he wanted me to have something to drink—I refused it—we went on to St. Martin's-lane—Sullivan did not get out of the cab there, but be called Dixon to the window—Dixon went into a public-house and got some gin, and brought it to the cab door—Sullivan poured it out, and offered it to me—I refused it—Sullivan put it up to my mouth, and made me take it—I took about three parts of it—Dixon drove on, and I looked up and asked where I was—Sullivan said, "At Charing Cross," and I called a policeman—Sullivan was in the cab the whole time—he took improper liberties with me—I am sixteen years old—I called the policeman—Sullivan got out and got on the seat of the cab, and drove off, with me in the cab—when I first went in the cab, I had six sixpences and one shilling in a purse, and a brooch and an apron—they were all in my handkerchief—I had the handkerchief in my hand at Bow-street, when Sullivan got into the cab, and when he asked me whether I had got any money, and then I put it into my pocket—when Sullivan got out my handkerchief was on the step of the cab—I missed the money and the things, and a pair of clogs, when he got out—atthe time he took these liberties with me I kicked him with my clogs—he took them off my feet and put them behind him-whether he put them on the seat or in his pocket, I cannot tell—I missed them—it was one of the shut-up cabs—the seat of the driver was at the top, at the back of his horse—Sullivan gave Dixon directions to go to Poor Man's Corner and get the gin—Sullivan got out of the cab somewhere near Charing Cross—I got out as soon at I could, near Charing Cross—I fell in getting out, because the cab was going on—my money was in a rusty black silk purse, with white and gold beads on it—the tassels were made of gold beads—I have not seen it since—this is the brooch I lost—(looking at it)—when Dixon brought the gin he pressed me to take it.
Cross-examined by MR. DOANE. Q. Who do you live with? A. With Mr. Jones, he is a singer at Drury-lane—I have lived with him about two months—there is no other servant—he has apartments—I had been to Mile-end, to see my mistress, with whom I had lived before—I went about half-past twelve o'clock in the day—I had had a fit at my mistress's, just before I left—I was not in convulsions-no medical man was called in—I had my meals there—I knew I was not going in the direction to Theobald's-road when I was at Bow-street—I told Sullivan so—he said be would give the horse some water, and then take me home—he poured the gin down my throat—I cried out, but the people passed by and took no notice—I did not see any policemen walking about—I saw nobody—the cab was closed up with blinds—Sullivan opened the window at the back of the door, to get the gin in, and he put his handkerchief before my mouth—Tom merely got up and drove, while Sullivan got into the cab and sat with me—I cried out, when I found they were stopping in St. Martin's-lane, while Dixon was gone for gin, and Sullivan put his hand to my mouth—I saw Dixon again
the same night—he was taken into custody about half-past twelve o'clock, I think—I went and complained to the police, and then had him taken—I saw him somewhere by the Strand, he was with an open cab.
Sullivan. Q. Did I not ask you to have a ride? A. No, I followed you to Southampton-buildings, and you told me to wait a bit-you asked me where I lived, and I got into the cab—you drove me to Bow-street—I cannot say which way you went-you went on the stand, and asked Dixon to drive the cab—you then went to St. Martin's-lane, and there we had the gin.
Sullivan. The gin we had in New-street, Lincoln's-Inn Fields.
COURT. Q. Are you now living with Mr. Jones? A. Yes-and before that I lived in Holborn, with Mrs. Cottrell, and before that at Mr. Merritt's, London-wall—I have a father and mother, I do not know where they live—they have gone away somewhere—it is about two months since I lost sight of them—my father is a combmaker—he used to live in Bishopsgate-street—I am their only child—it is about three years since I lived with them—they have not seen me constantly—I have gone to see them—it is my own mother—Mr. Jones is married, and lives with his wife.
JONATHAN HAYTON . I live in Southampton-buildings. I came to Town on Monday, the 29th of October—I had hired a cab to carry some luggage, and I had a friend with me—I and my friend walked behind the cab to Southampton-buildings—Sullivan drove—we arrived at Southampton-buildings about ten o'clock, I think—I saw a girl standing near the door—she remained there while we were taking out the luggage—it was a close cab—I believe a yellow one, with the seat at the top of it—I spoke to Sullivan when I engaged the cab—I am certain he is the person.
Sullivan. Q. You hired me at Covent-garden? A. Yes.
ROBERT ST. CLAIR JONES . I live in Theobald's-road, and am a singer. The prosecutrix was in my service—on the 29th of October she had permission to go and see her friends—she had been paid her wages that morning—I know this brooch—(looking at it)—it had been given her by Mrs. Jones—I have heard the prosecutrix say that she was subject to fits.
ROOK TIFFIN LIGHTFOOT . I live at Southampton-buildings—I was in company with Mr. Hayton—I saw the luggage taken out at Southampton-buildings—I saw a girl by the side, and saw Sullivan and her in conversation—I believe the prosecutrix to be the girl.
JOHN WELHAM . I live with Mrs. Pullen; she keeps the Bull's Head, at the corner of St. Martin's-lane and Chandos-street. On the night of the 29th of October, a cab—man came and called for 6d. worth of gin, in a half-pint measure—he took it outside the door—I should think he was out three minutes, not more—I do not recollect the man's face—I cannot swear to him.
EDWARD JOHN PALMER (police-constable A 86.) I was on duty between eleven and twelve o'clock, on the 29th of October, in Whitehall—I saw a cab going with considerable speed towards Charing Cross-two persons were on the seat-in about two minutes afterwards the prosecutrix was running after the cab, in the middle of the road, crying, "Stop that cab "—it went on at increased speed—I followed it till it got on to Buckingham-court—I then called to Goodchild to pursue it—I took the prosecutrix to the station-house—she was very bad there—she went into hysterics in the station-house, and said she had been robbed.
cab as far as St. James's-square—I then went to the station-house, and saw the prosecutrix in strong hysterics—I afterwards went with her to Southampton-buildings—she pointed out a place to me there—I after that went to the cab—stand in Agar-street-before I got on the stand a man called out, "My eyes, Tom!" with an oath—the prosecutrix was with me—I saw three or four persons talking together—she pointed out Dixon directly she saw him—I gave her a caution, but she persisted in saying he was the man—she told Dixon what he had done—he burst into tears, and said he hoped I would not detain him—he bid his fellow cab—man good night, and said he was sure he should not come back again—the prosecutrix saw him at the station—she still said he was the man—I found 5s. on him, and his badge.
Cross-examined. Q. You found him with an open cab A, Yes, I did.
NICHOLAS PEARCE . I am an inspector of the A Division. I was at the station on the 29th of October—the prosecutrix was brought in by the two officers—she was very much agitated—she was there a quarter of an hour before she could make any statement—she then made a statement to me—I sent for a surgeon—on the following evening, Tuesday, I was in search of the other cab—man—I was near Drury-lane Theatre, about nine o'clock, or a quarter before, and saw Sullivan go into the Old Drury wine vaults—I followed, and asked him if he had a fare from there the night before—he said he had two gentlemen—I asked where he took them to—he said to Southampton-buildings—I asked if he had a fare after that—he said, "Yes," a female he took up there—I told him I was an officer, and to be cautious of what he said, as I charged him with robbing that female, and attempting to violate her person—he said, "I did not rob her"—I theft conveyed him to the station—I searched him, and found upon him two duplicates, and the part of the brooch produced in his fob pocket—it has been identified by Mr. Jones and the prosecutrix—I was before the Magistrate when the prisoners were there—they made a statement—it was taken down, and read over to them—they were not asked to sign it in my presence—I know the handwriting of Mr. White, the Magistrate—this is his signature—(read)—"The prisoner Sullivan says, the young woman called out, 'Cabby, I want a ride'—she followed me to where I set the two gentlemen down—I asked her where she was going—she said, 'Any where'—I offered her a glass of gin, and I had a glass—the young man asked where he should drive to—I told him, Charing Cross—the female asked where she was—I told her—she insisted on getting out, and then I got on the box."
SULLIVAN— GUILTY . Aged 37.— Transported for Ten Years.
DIXON— NOT GUILTY .
CHARLES PERROTT . I am in partnership with Mr. Watts, and live in St. Giles's, Cripplegate. The prisoner was in our employ—I missed some printed cotton on the 14th of September—it was taken on the 13th—this is it—(looking at it.)
prisoner came to pawn this cotton on Tuesday, the 14th—I detained him, and struggled with him in the shop.
GUILTY .* Aged 18.— Confined One Year.
56. CHARLES BROWN was indicted for stealing, on the 5th of November, 5 candlesticks, value 12s.; 1 blanket, value 7s.; 1 table cover, value 1s.; 1 toilet cover, value 1s.; 1 counterpane, value 8s.; 1 pillow, value 4s.; and 1 pillow-case, value 1s.; the goods of Charles Battcock.
EUNICE BATTCOCK . I am the wife of Charles Battcock, and live in Montague-place, Cox-court, Little-Britain. The prisoner came to lodge at my house on the 4th of October—on the morning of the 5th of November, I went into his room, and missed all the articles stated—some of them are here now—they are the things that were then missing, and what I let him with the lodgings.
Prisoner, Q. Why did you wish to buy the candlesticks of me on Saturday morning? A. I did not do so.
Prisoner. I brought them all out of the country. Witness. I can take my oath that they are all mine—the pillow-cases are marked.
EDWARD SCHOFIELD . I live in Montague-place. At half-past six or seven o'clock on the morning of the 5th of November, I saw the prisoner run down Montague-place—I ran and stopped him—he had two bundles—he threw one away, and had one in his hand when I took him—these are the things that were in the bundles.
Prisoner's Defence. There were one or two after me, and being a country young man, I was frightened, and dropped them-if I could have brought the carrier that brought the things to London, I would.
GUILTY . Aged 39.— Transported for Seven Years.
57. EDWARD LEE was indicted for stealing, on the 28th of September, 561bs. weight of white-lead, value 1l.; 2 pots, value 8d.; 1 gallon of oil, value 3s.; 1 bottle, value 6d.; 1 gallon of turpentine, value 6s.; 1 can, value. 1s. 6d.; 1 piece of pumice-stone, value 6d.; 31bs. weight of putty, value 6d.; 1lb. weight of paint, value 1s.; 1 pan, value 1d.; 1lb. weight of red-lead, value 6d.; and 1 brush, value 3s. 9d.; the goods of Peter Broad.
MR. DOANE conducted the Prosecution.
PETER BROAD . I live in Tavistock-court, Covent-garden, and am an oil and colourman. On the 28th of September, the prisoner came to my shop, and said he had been recommended to me by a good customer, he was told I could supply him with colours on reasonable terms, that he had taken a house at No. 36, Fitzroy-market, and should want a considerable quantity of colours to paint—he gave an order for goods to the amount of 1l. 18s. 6d., to be sent at four o'clock that afternoon, as he said he should be in the way to return the money—the order was put up, and I sent Mark Coles with it, and a bill and receipt—this is the bill, the receipt has been torn off—I instructed Coles not to leave them without the money, but be returned without the money; and next day I sent my shop-man
and boy in search of the prisoner—I was in search of him till the 6th of November, when I gave him into custody.
MARK COLES . I am in the prosecutor's employ. On the 28th of September, I carried these goods and bill, by my master's direction, to a person of the name of Lee, No. 36, Fitzroy-market—I got there, and found no such name—the landlady refused to take them in—I went to several other places, and was returning home, when I met the prisoner in Tottenham-court-road—he said "I am glad you are come, as I was just going home;"—he told me to go back with him to the market, and he pointed out No. 22, and said, "This is the house I have taken"—it appeared to be a house shut up—he said "Stand them down here, the landlady will not give me admittance till her husband comes home"—I put down the goods, and left them there—he produced a cheque, which he said he had got to go down to the City for, and he would call and pay my master at eight o'clock—I tore the receipt off the bill, and brought it back—I left the goods, and did not find him until he was in custody.
Prisoner, Q. Did I not tell you I could not pay you then, and not to leave them without you were satisfied? A. You pressed me all you could to leave them.
JOHN WOODHAM . I life in Norris-street, Clare-market, and am a timber-merchant-in the beginning of October, the prisoner came to me and said he had got a little lot of paint to sell, and asked if I would buy it—I bought half a pot of white lead, and some oil and turps—he asked me 25s.—I gave him 18s. for it—he showed me this bill of the goods—it is Mr. Broad's bill.
Prisoner. I know nothing of No. 22, but the goods were put down close to the shop of Mr. Goodenough, which I had taken.
CHARLES GOODENOUGH . I know the prisoner. He took a shop of me the latter part of July or beginning of August, at No. 36, Fitzroy-market—he paid a deposit, but never completed his bargain—I had possession of the house on the 28th of September—he never was there—it is only a shop, and not a house—he was to take possession in October, but never had the key, nor ever went there to remain.
GUILTY . † Aged 40.— Transported for Seven Years.
(The prisoner did not plead to the indictment, and upon the evidence of Mr. M'Murdo, surgeon of the gaol, she was found not of sound mind.)
RALPH ORMSTON . I live with William Walker, of High-street, Marycheesemonger. The policeman came and told me he saw the prisoner take the bacon out of the window—I could not miss it, but I believe this is my master's—(looking at it.)
WILLIAM AUSTIN (police-constable D 114.) On Saturday night, the 3rd of November, I saw the prisoner go into the prosecutor's shop three or four times, and at a quarter before nine, I saw her take one of these pieces from a board near the door—I stopped her, and turned her cloak on one side, and found the other piece in her basket.
Prisoner. I did not mean to steal it—I was going to look at it at the light. Witness. She had got three or four yards from the door, and was going away with it under her clothes.
GUILTY . Aged 46.— Confined One Month.
EDWARD CHARLES BROWN , I live with my parents in Princes-street, Old-street-road. I am twelve years old—I was going along High-street, Shoreditch, on the 28th of October, and saw a lady and gentleman—the prisoner and another one were following the gentleman—the other one lifted up the tail of his coat, drew his handkerchief out, and gave it to the prisoner—they then ran off—I told the gentleman—he felt his pocket, and his handkerchief was gone—he ran after the two, and the prisoner ran, and before he was taken he threw the handkerchief behind him—I am sure I saw the other boy draw the handkerchief, and give it to this boy—they appeared to be acquainted—one did not appear to be concealing the other—the prisoner was looking at the other when he did it.
THOMAS MALIN (police-constable H 74.) On the 28th of October, I was in High-street, Shoreditch. I saw a gentleman running after the prisoner, and I hastened up to meet him—the gentleman caught him, and gave him into my custody, for robbing him of his handkerchief—he went part of the way to the station-house, but did not go there—the prisoner admitted to me that he had received the handkerchief from the other, with the intention of purchasing it for a halfpenny.
Prisoner's Defence. A boy came to me and asked me to buy a hand-kerchief for 1d.—I had but one halfpenny, and I gave him that for it.
JURY to EDWARD CHARLES BROWN. Q. How far did you follow the prisoner and the gentleman? A. Not above half-a-dozen yards—I had known the other boy by sight—I have often seen him in Shoreditch.
(The prisoner received a good character.)
GUILTY . Aged 14.—Recommended to mercy.— Confined Three Months.
61. THOMAS LEVOYER and HENRY LAYCOCK were indicted for stealing, on the 1st of November, 1 pewter pot, value 1s. 8d., the goods of Thomas Ratcliffe; and 1 pot, value 1s. 2d., the goods of William Walter Wale.
JOHN CHEESE . I live at No. 6, Elms-lane, Bayswater. On the 1st of November I was coming out of my garden, and saw Laycock put a pint-pot into the other prisoner's pocket—I called "Stop thief"—they both ran
away-Levoyer pulled a quart-pot out of his pocket, and threw it down, and then the pint one—I took them up, and gave them to the officer.
Levoyer. I went to work—I went to dinner, and had to go back again, at three o'clock, and in coming up the town, Laycock took up these pots and gave them to me, and said, "We will take them to the public-house."
(Levoyer received a good character.)
LEVOYER*— GUILTY . Aged 18.— Confined Six Months.
LAYCOCK— GUILTY . Aged 18.— Confined Three Months.
62. GEORGE WILLIAMS was indicted for stealing, on the 17th of November, 127lbs. weight of tobacco, value 48l., the goods of Jacob Nathaniel Barlin and another; and that he had been before convicted of felony.
JACOB NATHANIEL BARLIN . I am a tobacco and snuff manufacturer. I have lost 1271bs. weight of tobacco, value 48l.—I am in partnership with my brother David—I have examined this tobacco—(looking at it)—it is ours.
Cross-examined by MR. PAYNE. Q. Who is M'Mahon? A. The person employed in carting tobacco from the London Docks—I am sure this is mine—it has a mark on it—it was stolen on its transit to our house—it was a purchase made at a public office—I had not seen it before—I know it by the mark on the bale, and by the excise permit which accompanies it from the Docks to our stock—there is no possibility of mistaking it.
JOHN M'MAHON . On Saturday evening, the 17th of November, I took a bale of tobacco into my cart with other things—I was going to Mr. Barlin's down Wormwood-street, and had the bale safe then—I proceeded about thirty yards further, and missed the bale—I ran up the street, and met a young man who gave me information—I went round the corner into Bishopsgate-street, and saw the prisoner with the bale on his back-not three minutes elapsed between my seeing it safe and seeing it on his back.
Cross-examined. Q. Did you miss it by turning round to look for it? A. Yes—I was riding on the front—I was nearly at Broad-street—the prisoner had got, I suppose, twenty yards past the watch-house, nearly opposite to Houndsditch—I did not notice whether he was sober—he stumbled, and the bale fell on the ground—my master's name is Henry Foster Mellin—he would be answerable for the bale if lost—my instructions were to carry it to Mr. Barlin's—it weighed 1271bs.—the prisoner could get that upon his back off the cart without assistance—it was not fastened in any way—it was quite at the tail of the cart—I felt no motion of the cart when it went away—it could not have dropped—it was right up to the tail-ladder—it was pulled over the tail-ladder, which was chained up as tight as I could chain it.
Cross-examined. Q. Was he sober? A. He seemed so to me—he was before me when he stumbled—he tripped from the weight of the bale.
HENRY PICKERING HILL . I produce a certificate from Mr. Clark's office of the conviction of the prisoner, on his own confession, of stealing a hand kerchief from my person—he is the same person I am certain—(read,)
GUILTY .*—Aged 21. Transported for Seven Years.
63. GEORGE WILLIAMS and EDWARD SMITH were indicted for stealing, on the 7th of November, 4 pairs of trowsers, value 1l. 1s.; 3 jackets, value 19s.; 2 waistcoats, value 11s.; 3 sheets, value 7s.; and 3 caps, value 7s.; the goods of George Ford.
GEORGE FORD . I live at Hampton. On the 7th of November the prisoner Williams came to my house—he represented himself to be living with Mrs. Coombs, at Hampstead, and he said she had sent him to fit himself with a suit of clothes and a suit for a bigger boy in their service—I selected the goods, and sent them by him, thinking they were going there; but, on the contrary, they went and changed their things, and put them on—I do not deal with Mrs. Coombs—I do not know her personally—I knew there was such a person, and that she was a respectable lady who could pay—I took Williams's word—I sent four pairs of trowsers, three jackets, and two waistcoats—I was to have two pairs of trowsers back, and other things, and the money for what they kept-in the evening I took the prisoners into custody with the clothes on—they were making their way to Hampton—I did not find the whole of the clothes on their persons—some were left in a cow-shed or barn where they exchanged their clothes.
WILLIAMS— GUILTY .
SMITH— GUILTY .
Confined three Months.
EDWIN STREETER . I live in Lisson-grove, and am brother to George Streeter, a linen-draper. On Monday evening, the 29th of October, I missed a cloak from inside the shop—this is it—(looking at it)—it is a cloak of ours, but whether it has been sold I cannot say—we missed one of this description, and answering the pattern—I had seen it safe in the morning.
GEORGE HENNINGTON (police-sergeant D 9.) The prisoner was given into my custody on Tuesday the 30th of October—I found the cloak on her, after I got to the station-house I asked where she got it—she said, "I bought the ticket of it of a girl," but she could not tell who she was, and said she
took it out of pledge at a pawnbroker's, in Chapel-street, Edgeware-road—she could not tell me the pawnbroker's name—I went to Mr. Streeter, and asked if they had lost a cloak, and they said, "Yes"—I went to No. 2, Nightingale-street, where the prisoner was supposed to live, and I found the cape of the cloak down the water-closet.
Prisoner. The cloak was ray own—I bought the duplicate of it, and had only just got it out of pledge—I went into the house and left the cape, and when the people heard that the officer was coming to search, they went on hide it—I can bring a witness that, on Monday evening, I was in a female's company, and never left it—I told him I got it out of pawn, at Trail's, in Chapel-street—the policeman told the Magistrate that I had denied my name—I was in liquor. Witness. She did not tell me her came, or I would have gone there—she did not ask me to find the pawn-broker—she was not in liquor.
GUILTY . Aged 30.
JOSEPH LAKIN . I live in Edgeware-road, and am a haberdasher. I lost this shirt on the 30th of October—(looking at it)—it has my shop-mark on it—I cannot say that it was not sold—my shopman saw it safe at five o'clock, when he went out to tea, and when he came back it was missing—it has not been sold to our knowledge.
Prisoner. It belonged to the person I lodged with, and I was going to pawn it.
Prisoner. I bought the onions in Covent-garden.
GUILTY *. Aged 30.— Transported for Seven Years.
JAMES ALEXANDER . I live in Lancaster-street, St. Pancras, and am a shoemaker. Mr. George Bishop lives exactly opposite to me—he is a bricklayer-between one and two o'clock in the afternoon of the 16th of October, I was at my street-door, and saw the prisoner put this shirt under his coat, and walk down the street—he took it from a hue in Mr. Bishop's private yard-no one had any right to go there—I gave information about it, and sent a lad after the prisoner—he was overtaken—the shirt was thrown down, picked up, and brought to the station-house.
St. Pancras. I was in Lancaster-street, and saw the prisoner come down with a shirt in his hand—I ran after him to Cromer-street, and saw him chuck the shirt into Mr. Shoppin's shop—he gave it to the policeman.
(police-constable E 68.) I have had the shirt ever since in my possession—Mr. George Bishop is not here—his son Henry appeared before the Magistrate—he is since dead—it has the mark, "G. E. B." on it.
Prisoner. It is all quite false.
GUILTY *. Aged 46.— Transported for Seven Years.
ROBERT WISE . I am pot-man to Charles Simpson, who keeps the Lion public-house, at Bayswater. I met a person named Kelly—I went and searched the prisoner, and found this pint-pot, which is my master's, on her—she said she was going to take it home—when we got further on she dropped this quart-pot from under her cloak.
JOHN KELLY . I am a milk-man, and live in Lavender-place, Bays-water. On the evening of the 4th of November the prisoner passed me—I saw her take a pint-pot from No. 1, St. Agnes-place—I told Wise, and followed her—I saw a quart-pot drop from under her clothes.
Prisoner. I did not have the quart-pot at all.
(The prisoner received a good character.)
GUILTY . Aged 28.— Confined One Month.
THOMAS SHIPTON . I live in High Holborn; my mistress keeps the Old Windsor Castle public-house. On Wednesday evening, the 31st of October, I was in the tap-room—the prisoner came, and asked to be shown to him the back yard—he returned quicker than usual, and I saw his pockets stick out—I found these pots in his pockets—they are the property of my mistress, Mary Williams.
Prisoner. I did it on purpose to be transported, as I cannot get work to do, and was in great distress.
GUILTY . Aged 20.— Confined Six Months.
GEORGE HANSFORD . I am bar-man to Thomas Clayton; he keeps the Coach and Horses, Edge ware-road; the prisoner was his porter and under bar-man. On Monday evening, the 29th of October, I watched the prisoner, and saw him take one shilling from the till—he had just served a customer, who paid him in halfpence, and, as he put them in with his right-hand, he took one shilling out with his left, and kept it in his hand two or three minutes-a customer came in for some beer—he went to draw it, and dropped the shilling into the beer-sink—I still kept my eye on the shilling till Mr. Clayton came down—I told him—he went to the sink, and saw the shilling there, and gave him into custody—he said he had taken a shilling of the man that was standing at the bar, to take 1 1/2 d. for a pint of beer—the man said it was no such thing—he then said he took it from his pocket to send for his supper—when the policeman came in he said he hoped Mr. Clayton would forgive him, it being the first time.
Cross-examined by MR. DOANE. Q. You were standing close to him? A. About three yards from him—there was no one in the bar but I and the prisoner—he was drawing beer while the shilling dropped—he said, as he took it from the man it dropped down—I saw him put the 1 1/2 d. in the till—he pulled the till wide open, and took the shilling out.
NOT GUILTY .
GEORGE SARGEANT . I live in High-street, Marylebone, and am a cheesemonger. On the night of the 3rd of November I received information from a man—I went into the street, and saw the prisoner—I followed him up the street—he ran away—after running some distance I called to a man to stop him, and he fell—I found my fowl under him—I had seen it safe not ten minutes before—it appears he did it from want.
GUILTY . Aged 22.—Recommended to mercy by the Prosecutor.
Confined One Month.
71. ELIZABETH JONES was indicted for stealing, on the 6th of November, 1 shawl, value 4s. 6d.; 1 bonnet, value 12s.; 3 gowns, value 9s.; 4 aprons, value 2s.; 1 shift, value 2s.; and 1 handkerchief, value 6d.; the goods of Thomas Humphries, her master.
MARY ANN HUMPHRIES . I am the wife of Thomas Humphries, a school-master, and live at No. 7, Walker-terrace, Old Kent-road. The prisoner was my apprentice between five and six years—on the 6th of November she left me without notice—I have missed a bonnet, three dresses, and the other articles stated—they are all mine—I found her that day, with the things on her, in Gray's Inn-road—she said she was going to seek a place.
Prisoner. I have been very ill-treated by my mistress. Witness. Never in my life.
Prisoner. I have been very much ill-used and abused by my mistress, and have had my head cut open with a knife by her.
GUILTY . Aged 15.- Judgment respited.
WILLIAM HENRY KIMPTON . I live in Eaton-street, Pimlico, and am a baker. I had a knife in my shop about five o'clock, on the 31st of October-in about ten minutes it was gone—this is it—(looking at it.) JOHN LEGG (police-constable B 155.) At half an hour before eight o'clock, on the 31st of October, I saw the prisoners together—I followed them to Mrs. Munro's, and when they came out I searched them—this knife was found on Elliot by the other officer—they had been together a quarter of an hour.
ELLIOT— GUILTY .
HAZLER— NOT GUILTY .
JOHN LEGG . I was on duty about a quarter before eight o'clock that evening, and saw Elliot go down on his hands into the prosecutrix's shop-Hazler was outside for a quarter of an hour talking to him opposite the window before he went in—Elliot came out and joined Hazier again—I went up and asked what they were doing in the shop, they said, "Nothing"—I found the box in Elliot's pocket, with the money in it, not three minutes after I saw him go round to the till.
ELLIOT*— GUILTY . Aged 12.
HAZLER*— GUILTY . Aged 11.
Transported for Seven Years to the Juvenile Prison.
ELIZABETH LEA . I am the wife of John Lea, and live at Clerken well—the prisoner was in our service for a month—on Saturday evening, the 3rd of November, I missed from the mantel-piece 4s.—I searched her box, and found this veil, book, and seal, which are mine.
WILLIAM KING (police-constable G 120.) I was present when the box was searched, and saw these things found—the prisoner said a lady gave her the veil, and the book and seal were Mrs. Lea's property—the box was not locked.
Prisoner. The veil is mine—I wore it all the time I was there.
ELIZABETH LEA . I can take my oath it is mine—I lost it while she was in my service—I met with an accident, and tore it, and sent it to be repaired, and it has a double thread in that place—I saw her with some-thing round her neck, but not suspecting her, I did not notice it.
Prisoner, I wrote a letter, and took the seal, to seal it—I meant to put it back again—there was a great deal of insult given to me, and I gave notice to quit—my mistress wished me to go up stairs, to see for a bit of soap, and I did—she wished me to stop, and on Sunday night, at half-past
six o'clock, she accused me of the money—she then accused me of the veil and other things—I had no lock on my box.
NOT GUILTY .
75. MARY WALKER was indicted for stealing, on the 10th of November, 1 cloak, value 1l.; 1 gown, value 2l.; 1 collar, value 12s.; 1 cap, value 5s.; 1 handkerchief, value 5s.; 1 bonnet, value 1l.; and 1 ring, value 10s.; the goods of Mary Ann Stokesbury.
MART ANN STOKESBURY . I live in Chicksand-street, and am a widow. On the 9th of November the prisoner came to lodge with me—she was to pay 1s. 6d. for a room, and I was to have a reference—the next morning I went out to do half a day's work, and she asked me for some needle-work—I gave her some, and had not been gone two hours, before I was sent for, and missed her, and all the things that were there—these are them—(looking at them.)
THOMAS DUMKLET . I am a jeweller, in Bunhill-row. On the 10th of November, a young woman, resembling the prisoner, came and asked if I would buy a ring—I asked if it was hers—she said yes, she had won it at a raffle—she asked 1s. 6d.—I gave her 1s. for it.
GUILTY . Aged 20.— Confined Six Months.
MR. PHILLIPS conducted the Prosecution.
ELIZA CAMILLA LOVEGROVE . I am the wife of William Parrot Lovegrove, who keeps the Fladong hotel—the prisoner was in our service—I had occasion to attend the police office, where she was to be examined on another charge, and saw she had my silk umbrella—I had her keys taken from her—the officer went to where she stated she lived, and then I saw some cravats and napkins of mine—I had missed the umbrella some weeks.
Cross-examined by MR. PAYNE. Q. How long? A. Four or five weeks—she left me on the 20th of October—I saw the umbrella again on the 29th—she gave her right address, and gave up her keys—the umbrella is here—it had been raining in the morning when she came to the police-office—the napkins are my husband's—I bought them in Oxford-street, some years ago—the letter "L," with a dot after it, is on them—she left me because I had a dispute with her—it did not come to high words—it was on account of her neglecting her business, and I told her she did not suit me—she did not give me notice—she begged to stay—she left on the 20th—I had a dispute with her on the 19th—I blamed her for taking the vinegar out of a room without the sanction of a gentleman it belonged to—she did not tell me she should go the next day—I gave her notice, and she left the next day—the handle of the umbrella is very remarkable—there is a hole in it which has been sewed—I am quite sure it is mine.
MR. PHILLIPS. Q. Did she tell you where she took it from? A. Yes,
from the bath-room door—I had missed it several weeks before—I had repaired it myself.
HENRY WILLIAMS (police-sergeant E 8.) I went to the prisoner's lodgings, having received the key from the prisoner—I opened the trunks, and found six napkins in a box that was locked, and in another box, not locked, I found this cravat.
Cross-examined. Q. Did you take her to her lodgings? A. No-only Mrs. Lovegrove—the prisoner told the magistrate that she was going out the week before, that the umbrella was at the bath-room door, and she took it, as it rained-here is the letter "L" on the napkins.
GUILTY . Aged 25.— Confined Six Months.
(There was another indictment against the prisoner, on which no evidence was offered.)
Sixth Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 24.— Confined Three Months.
GUILTY .* Aged 34.— Confined Three Months.
GUILTY . Aged 17.— Confined Three Months.
80. WILLIAM BIRD was indicted for stealing, on the 15th of November, 1 hat, value 2s., the goods of John Lidbury Poole; also on the 15th of November, 1 loaf of bread, value 4d., the goods of Samuel Collington; to both of which he pleaded
GUILTY . Aged 35.— Transported for Seven Years.
GUILTY . Aged 32.— Confined Five Days.
JAMES DICKSON . I am in the employ of Mr. Field, an ironmonger. About four o'clock in the afternoon of the 6th of November, the three prisoners went into the prosecutrix's shop, which is a butcher's, and while
Riddle was being served, I saw Brown take some mutton down, and hand it to Pitt, who put it into his right-hand coat pocket—the two then went away, and Riddle staid a few minutes—I told the young man—he went and brought Brown back, and let the other two go.
Cross-examined by MR. PRENDERGAST. Q. Did not the foreman follow your directions? A. Yes—I told him to stop Pitt, and he stopped Brown—I do not know that the foreman and the three prisoners are well acquainted—he is not here—I did not see him lend one of them some money.
COURT. Q. When were they taken? A. The same evening—the officer discharged them, and they were taken again.
JOHN FRESHWATER . I am a police-constable. I took Pitt the same evening, about six o'clock—he said, "It is about the old affair of the mutton," and said he would sooner have given a sovereign than his name should have been brought into it.
THOMAS COX . I am in the service of Sarah Mary Tyrrell. Brown came up to me and asked me to trust him 1lb. of mutton-chops, as be had not got the money—he went to the foreman, who lent him some money—he came and paid me, and then Dickson told me that the mutton was gone.
NOT GUILTY .
83. GEORGE LINCOLN, JAMES SMITH , and ROBERT WILLIAM LOCK , were indicted for stealing, on the 3rd of November, 13 axle-bearings, value 1l., the goods of the London and Birmingham Railway Company: I saw, value 2s. 6d. the goods of George Durham Pead: and 1 jacket, value 4s., the goods of William Beckley.
STEPHEN WALTER . I am a policeman. I was on duty in the Albany-road, Regent's-park, at twenty minutes past seven o'clock in the evening of the 3rd of November—I met the three prisoners together—I stopped them-Lincoln had this large jacket on, and appeared very stout—I felt something heavy in the pockets—I asked him what he had got—he made no answer, but said, "Stop them, they have something as well as me"—I took Lincoln, and the other two ran away—I saw them in the act of throwing something behind them, and I heard it fall—I took Lincoln to the station-house, and sent my brother officer to the spot—he found some brass bearings and a tenant-saw—this is the property—(producing it)—I found this jacket and four pieces of brass on Lincoln.
railway. I have no doubt that these axle-bearings belong to that Company, but we have no private mark on them—I have the care of them—I am not responsible for them if they are lost.
Smith's Defence. We met Lincoln by Chalk-farm-bridge, and he gave us these things that we had.
LINCOLN*— GUILTY . Aged 17.
SMITH*— GUILTY . Aged 16.
LOCK*— GUILTY . Aged 16.
Transported for Seven Years to the Juvenile Prison.
84. ANN SULLIVAN was indicted for stealing, on the 22nd of October, 1 bottle, value 3d.; 1 half-pint of wine, value 2s. 6d.; 2 pairs of stockings, value 2d.; 1 other stocking, value 2d.; and 3 waistbands, value 6d.; the goods of Jane Dry Thornton, her mistress.
JANE DRY THORNTON . I am single, and live at Fulham. The prisoner was my servant for three weeks—I gave her notice to quit, and she went away—she left her box behind—it was corded—I looked into it, and found these things—I had asked her to let me look into her box, and she only lifted up part of the things at one side-before she left I suspected her—I found a bottle of wine and some stockings in the sleeve of her gown in her box—there was no officer there—this is the property—(looking at it)—the stockings are marked—the wine I do not know—I suspect it was takes from two dozen of wine, as I missed one bottle—when I searched the box in her presence, I did not do it minutely.
Cross-examined by MR. DOANE. Q. Do you occupy the whole of this house? A. Yes—I have resided there thirty years—I live by myself—I have lived alone since I lost my parent, which is four years—I have only one servant—my brother's servants have access to the lower part of the house—he lives at a short distance from me—the gardens join—I had not missed any articles when I first searched, but I had suspicions—she left the box in my possession, and then I rummaged it.
NOT GUILTY .
85. WILLIAM WILSON was indicted for feloniously receiving of a certain evil-disposed person, on the 15th of November, 1 bridle, value 7s.; 1 pair of hames, value 10s.; and 1 saddle, value 15s.; the goods of William Bass; well-knowing them to have been stolen; against the Statute, &c.
MR. BODKIN conducted the Prosecution.
WILLIAM BASS . I am a smith and carrier, and live at Fryern, Barnet. The Boar's Head is at Barnet, more than two miles from my house—on the 23rd of September, 1837, I lost a set of chaise-harness—I have since seen it in the custody of Pye the officer—I am sure it is mine.
Cross-examined by MR. ADOLPHUS. Q. Did you frequent the Boar's Head at the time? A. No; I never knew the house.
MR. BODKIN. Q. Did you make the loss known? A. Yes—the Association I belong to offered a reward.
was kept, and left the harness safe—I went the next morning at six o'clock—the place was then broken, and the harness gone—I have seen the harness that Pyre had—it is my master's—I made the loss known about the place.
Cross-examined by MR. BALLANTINE. Q. When you saw this the next time, did it appear to you to have been used a great deal? A. There was a different bit to it—nobody was ever charged with taking it
ISAAC PYE . I am one of the foot-patrol. In consequence of information, I went this month to the Boar's Head, Barnet, which is kept by David Jones—the prisoner lives there—he was ostler and carter—he is father-in-law to Jones, who has a farm at Bently-heath, South Mims, about two miles and a half from the public-house—I went to the Boar's Head on the 15th, and saw Jones and the prisoner—I was asking Jones if he had got any harness that came from some person at Whetstone—he said "No, I have not-do you know anything about it, Wilson?"—Wilson said, "I do not"—that was all that passed at that time-Jones and I were in the yard, and Wilson was in the stable, at the door—I went into another stable on the opposite side of the yard, and noticed there a chaise-bridle-Jones was with me—I took such notice of the bridle as to know it again—I should think that was seven or eight yards from the stable the prisoner had been in—I then went to look for Mr. Bass that he might look at the bridle, and while I was gone, the bridle was removed—I came back in half an hour and found only Jones—I looked into the same stable where the prisoner had been when I was there first, but I did not see him on the premises—I saw him the next morning at the Boar's Head-before that I had found a chaise-bridle, a pair of hames, a collar, and the other articles, in a pond in the farm at Bently-heath—they were in a sack, and had three large stones to sink them—that was about seven o'clock in the evening of the same day—the bridle was the same that I had seen at the stable—the following morning I went again to the Boar's Head—I saw the prisoner in company with Jones—I said, "You are both my prisoners, I charge you not to say anything to me except you please, whatever you say now may go in evidence against you, I have found the property in a pond at your farm, and I understand it was put there by Wilson"—Wilson was for some time still, and then he said, "They cannot do anything with me, I only carried it to the farm"—Jones said, "I sent it away to make things straight"—when I first went to the premises, I said in the prisoner's presence, I came about some harness which had come from Whetstone"—had they had any from any person there?
Cross-examined by MR. BALLANTINE. Q. You knew Wilson was only ostler to the other man? A. Yes, and carter—he has lived there about a year and a half, and been there backwards and forwards, but not regularly.
CATHERINE SHEPPARD . I live at Bently-heath—on the 15th of November, I saw the prisoner at Bently-heath, between eleven and twelve o'clock—he took a cart to Mr. Jones's farm-yard, took it down towards the pond, took something out and threw it into the pond—it looked like a sack or bag, but I could not see what it was.
Cross-examined by MR. ADOLPHUS. Q. How long had you known him? A. Not a great while—he took the cart through the farm-yard.
MR. ADOLPHUS. Q. Did you let them go to appear at the Petty Sessions? A. Yes, and they appeared.
THOMAS AUSTIN . I am a patrol of Barnet. On the 16th of November, I went with Mr. Pye to Jones's public-house—I went to the stable with the prisoner—he asked me to go—he said, "This here is a bad job, but the same party before has asked me to take property for them"—I said, "What party?"—he said, "I do not know them by name, but it is the Whetstone gang."
NOT GUILTY .
JAMES GOOD . I live in Wilmer-garden, Hoxton, and am a trimming-manufacturer. The two prisoners lived with me, one as errand-boy, the other as a winder in my factory—I lost a Macintosh coat out of my hall.
GEORGE SMITH . I live with Mr. Good. On the 2nd of November, 1 saw the prisoners come into my master's garden gate, and then go to the other gate, and I saw Algar give the other boy a bundle—he then said, "Let us run"—I ran after them, and I caught Reynolds—this is my master's coat.
ALGAR— GUILTY .—Aged 12.
REYNOLDS— GUILTY .—Aged 12.
Whipped and Discharged.
ANN TETLEY . I am the wife of William Tetley, and live in Kingsland-road. We sell carpets—on the 27th of October, we lost this piece out of the shop—I know the prisoner—he came half-an-hour before, and asked me the price of an article—I answered him—he went away and came again in half-an-hour—I turned my back a minute and he was gone, and this carpet-in ten minutes he was brought back with it.
Prisoner. When you came to the door half-an-hour before, did you lose it then? Witness. No, I did not see you take it.
ABRAHAM SOAR . I was standing at my shop door, within a few doors of the prosecutor's, and saw two people pass with the carpet—I noticed the pattern of the carpet—I heard that the prosecutor had lost a carpet in a few minutes, and went after them—I saw them walking very leisurely, and my father who was behind me cried, "Stop thief!"—they threw it down and ran—I caught the prisoner—I cannot say whether he carried it or not.
Prisoner's Defence. He swore that a man threw down the carpet, and the man was not five yards off me—he took me, and never offered to take the man—I was walking in the Kingsland-road, and the man asked me to carry a roll of carpet—I said I did not think I should be able—he said, "Very well"—I went a few yards further on, and this man laid hold of me—I never had it.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined Three Months.
OLD COURT.—Friday, November 30th 1838.
Third Jury, before Mr. Sergeant Arabin.
88. WILLIAM LAURENCE and CORNELIUS DALEY were indicted for stealing, on the 15th of November, 1 coat, value 1l. 10s.; 6 oz. weight of mutton, value 4d.; 3 knots of line, value 3d.; and 1 pencil, value 1/2 the goods of Thomas Aldred: and that they had both been previously convicted of felony.
THOMAS ALDRED . I am a bricklayer. I was at work in Oxford-mews, Edgware-road, on the 15th of November—my coat hung on the joist in the first floor—I was at work within ten or fifteen feet of it, with fifteen bricklayers—I had two mutton chops in the pocket of it, in a piece of the Dispatch newspaper, and three knots of line, a pencil, and a memorandum book—I saw it safe half an hour before it was missed—I have not found the coat, but the chops were found on Laurence, wrapped in the same paper as I lost, and the pencil and line on Daley—I do not know the prisoners.
JOHN SALTIR . I live in Oxford-mews. On the 15th of November I was opposite this building, and about half-past eleven o'clock in the morning I saw the two prisoners standing at the foot of the ladder—I went down stairs to fetch some coals, and when I came up the prisoners were gone, and the coat too, which I had seen on the joist just before.
RICHARD ROADKNIGHT . I am an officer. I received information from Salter—he described the prisoners' dress, and another who had been with them—I found them together in Chapel-street—on Laurence I found the chops, wrapped in a piece of the Dispatch newspaper, and the line and pencil on the other.
(Property produced and sworn to.)
LAURENCE— GUILTY . Aged 19.
DALEY— GUILTY . Aged 18.
Transported for Seven Years.
GEORGE LAWSON . I belong to the band of the 20th regiment of Foot Guards—I had a bugle in my possession belonging to Colonel Henry Thomas, an officer of the regiment. On the 22nd of May, it wanted mending—the prisoner, who is a wheelwright, and is acquainted with most of our men, told me he could mend it, and I let him have it—it wanted soldering—he said he would bring it back between seven and eight o'clock the same evening, but I did not see him again till he was in custody—he could not be found.
Prisoner. Q. Did not you authorize me to pledge the bugle for you, to make up money you had trusted to you by the officer of the band? A. No, I did not—I was tried by a court martial for losing my bugle, and imprisoned a short time in the Tower, and had to pay for another—we are
not permitted to part with our instruments—this is it—(looking at it)—it has not been mended.
Prisoner. Q. Did you hear him say I was to pledge it? A. No.
Prisoner's Defence. I have been acquainted with the prosecutor and his witness six or seven months—I was in the constant habit of being in their company at the Golden Chain in the Tower—on the evening of her Majesty's birthday Lawson told me he had money trusted to him belonging to the pay-sergeant, and wanted me to lend him 1l. to make it up—I said I could do it on Saturday—he said he must have it the next day—he said, "I have a bugle wants repairing, if you will get it repaired for me, and pawn it for the money"—I pawned it for 15s., and gave him 5s. out of my own pocket with the duplicate—he afterwards sent me a note, which I have not by me, stating that he had lost the duplicate of it, in consequence of which I went to the pawnbroker's, and stopped the article-Hines knew nothing about it, he heard him tell me to take it to mend, but that was under pretence to get it out of the barracks.
GUILTY .— Confined Six Months.
Before Mr. Justice Park.
MESSRS. CLARKSON and HORRY conducted the Prosecution.
MARY BROWN . I knew the deceased Edmund Taylor—he was about twenty-two years of age. On Saturday night, the 29th of September, about ten o'clock, I saw him by the Paviours' Arms, Ratcliff-high way—I saw him again about one o'clock on Sunday morning, in Bluegate-fields—he appeared pretty sober then—he had been drinking a little, but I do not think he was intoxicated—he told me he had been fighting—I went to have something to drink with him at the Bluegate-public-house—we were there about five minutes, and had some gin—I came up Bluegate-fields with him—I had my pattens on—he stood talking to a woman named Macey, who lives next door to the prisoner Collins's house—I went up to the top of the street, leaving him talking to the woman—he came up to me again, and we went to the Coach and Horses night-house, Ratcliff-highway—it was then between two and three o'clock—we had some more gin there—we went from there down Shakspeare's-walk—it was very dry there. he said he would carry my pattens, and I gave them to him to
carry—when we got to the top of Shakspeare's-walk, I met Ellen M'Carthy—she is the same description of person as I am—I then bid Taylor good night, leaving my pattens with him, as I forgot them—when I passed Collins's house, I saw a man sitting at her door with her, but cannot say who it was—I saw Charles Stiles standing by Collins's window, and she said to him, "Come here, Charley, I want you," and I said the same—he went with Collins into her house—the other man still remained at the door—Collins directly after came back without Stiles, and having a knife in her hand with a white handle—I cannot say whether it was a clasp or a table-knife—she walked about eight or nine times before the door, and said she would stab the first b-r that came a nigh her, or her man should-those were the exact words-her man was standing by her at the time, the same man who had been sitting by her—I had had a few words with her about a fortnight before, but not at that time.
Cross-examined by MR. BODKIN. Q. Was Stiles the man she alluded to? A. No, it was him she called into her place—when she said her man should, Stiles was inside—she did not say which man she meant—we had not made our quarrel up at that time.
MR. CLARKSON. Q. Do you know what is meant by a fancy man? A. No—the expression she used was, if she did not, her man should—I have not had my pattens since.
ELLEN M'CARTHY . I live in Bluegate-fields. On Sunday morning, the 30th of September, between two and three o'clock, I was in Taylor's company after he had quitted Brown; he had a pair of pattens in his hand—he was in liquor—I had only had a quartern of gin between four of us, and one glass of rum to myself—after having that, I and Taylor went back to Bluegate-fields—we came by Collins's door, and she spoke first to Taylor—she appeared to be very much in liquor—she said she was glad to see him along with me, and not with the witness Brown—I told her to mind her own business, and not trouble herself with us, and Taylor called her a b——w—the prisoner Robertson was standing at the door with Collins at the time—Collins went in-doors into her own room on the ground-floor, and came back again instantly to the door—I left Taylor, and went to the door, and pushed both the prisoners inside, and shut them into Collins's house—the door was opened again directly, and both the prisoners came out, and Collins said, the first b——that touched her, her man should knife them—I told her not to be so fast with her knives-Robertson flew from the door, and struck Taylor a blow in the mouth with his fist directly—Taylor was about a couple of yards from the door at the time, and had the pattens in his hand—he staggered from the effects of the blow-Robertson ran up to him, drew a knife from his sleeve, and stabbed him in the breast, as I held him by the jacket—I did not see Taylor use the pattens at all—he had no time to do so—he had them in his hand-Robertson did not appear very sober—I held Taylor against the wall while he was bleeding, and went to fetch a policeman-Robertson made away directly he had stabbed him-Lee the policeman came, and Taylor was taken to Dr. Bird, and then to the London Hospital—I had been drinking three or four glasses of gin and some beer in the morning before, but I went to bed after that—when I am in liquor my memory is bad-three or four glasses of liquor and beer will make me drunk—I cannot say how much beer I had drunk-five or six of us were drinking together—I had enough to send me to bed at three o'clock in the afternoon to get sober, and I kept in bed till half-past
two o'clock on Sunday morning, and then I met these people—I did not see Collins with any knife—I saw no knife pass from her to Robertson—I cannot state what sort of a knife it was.
Cross-examined. Q. How many people were with you when you went by the door and pushed them into the house? A. Nobody but me and the deceased—I am quite sure there was nobody else about, till after it was done—I have no doubt about what I have stated.
Q. I suppose you have never said Robertson was not the man who stabbed? A. At first there were four of us deceived as to the man, Brown, Eliza Hill, Charles Stiles, and myself—I am an unfortunate woman—I came out of gaol at a quarter past nine o'clock the morning before this happened, and I was taken to the police-office on Sunday morning after the deceased went to the hospital, for being disorderly—I cannot say how long ft was after this occurred—I drank after this—I have been in gaol once or twice before.
Q. Is it your practice when you come out of gaol to take a round among your friends, and take a little liquor with them? A. Yes—I had done so on the Saturday morning in question—I drank with three or four that morning.
CHARLES STILES . I am a seaman, and live in Marmaduke-place, St. George's-in-the—East. On Sunday, the 30th of September, I was in Bluegate-fields, at Ellen Collins's house, about half past one o'clock in the morning—I fetched half a pint of gin for the prisoner Robertson, from a public-house in Ratcliff-highway—I had seen Mary Brown near Collin's house, along with Edmund Taylor, about ten minutes before that, and Brown spoke to me before I went into Collins's house—when I went in Collins gave me a glass of gin, and told me to go along with my w-s-a man named Ingram was in the room where Collins was, and Robertson was at the door—he went into the room when I did—I came away when Collins told me, and saw nothing of the disturbance.
ELIZA HILL . I live in the neighbourhood of Bluegate-fields. Between three and four o'clock on Sunday morning, the 30th of September, I was going home, and at the corner of Bluegate-fields I saw Brown, who I only knew by sight, talking to a sailor—I afterwards saw her return by herself, in the direction of Collins's house-just at that time I met a man coming, as from Collins's house—he had no shoes on—he had a bundle in his right hand, and was walking very fast—I went on towards Collins's house, and saw the deceased opposite Collins's door, leaning against the shop-shutters, vomiting and complaining—I went over to him—I had been in company with him before, and knew his name—it was Edmund Taylor—I saw Collins at her door alone—she called him a b——, and said, "You know I did not do it"—I did not hear any body say she had done it—Ellen M'Cartby came up first, and then Brown—Collins had a lighted candle in her hand, and was standing on the threshold of the door—I asked her for the candle, and she said she would not give it—and as Brown was passing to go to her own door, she called her a b——h, said she would knife her, and shut the door—Taylor had some pattens in his left hand—Ellen M'Carthy took them out of his hand and threw them down—I took off my apron and applied it to the wound, and remained with him till he was taken to the surgeon's, and then to the hospital.
saw Edmund Taylor leaning against a shop, with his arm against the wall, and his head on his arm, he was bleeding very much at the breast—he said he had been stabbed by a roan who had just run into Collins's house, which he pointed out—the door of the house was open—I went in, and saw Collins standing at the door with a lighted candle in her band—my brother officer took the candle—I found Ingram undressed, and lying in Collins's bed, very much in liquor, he seemed not aware of any thing that had passed—I then went and led the deceased to Mr. Bird's, in the Highway, but he was not at home, and I took him to the London-hospital, and gave him to Mr. Andrews—I went to Collins's house again in the evening, and found this clasp-knife on the table—Collins was present, and Ingram said, in her presence, "That is my knife"—there appears to be a stain in the bone of the handle—I said to her, "I think you know all about who stabbed the man Taylor"—I did not make any threat or promise to her—she said "No, I know nothing about it"—I said, "I believe you do"—she said, "I know nothing about it, for I have been in bed all the night with Ingram"—I took her into custody.
Cross-examined. Q. I suppose you knew her before? A. Yes—I know nothing of Robertson—I never saw him.
MR. CLARKSON. Q. Do you know the house in which Collins lived? A. Yes, three or four women of the same description live in the house, but not in the same room as her—she lives in the parlour alone—the bed was in the parlour.
JAMES FOGG . I am one of the Thames Police Surveyors. I took Robertson into custody on Tuesday, the 2nd of October, between three and four o'clock in the afternoon, at the Sailors' Home, in Wells-street—he had a hat on his head—I took it off, and asked how he got a cut which be had just across the top of his head, and which appeared fresh—he said he had fallen down and cut it—it was such a cut as might be inflicted with a patten—it was a small cut, not exactly straight—I asked him where he slept on Saturday night—he said he slept there, meaning the Sailors' Home—I said, "You did not sleep here;" and a person belonging to the place standing there said, "No, you did not sleep here on Saturday night"—I then said, "Why you stabbed a man in Bluegate-fields on Saturday night or Sunday morning, and here is one of your shipmates who you told so"—Maull was standing by him—the prisoner said, "No, I did not tell any body any thing of the sort"—Maull said, "Yes, you did, you told me so"—I told him he must go with me—he then said he had been to the King William and got drunk, he left there and came up some turnings in Ratcliff Highway, which he did not know the name of, but he described it, and it was by Bluegate-fields—he said as he went up there was noise, and somebody struck him with a patten—(he called it a batten—he is a Dutchman)—that he was sitting in a chair with his shoes off, along with a girl, but he did not know the girl, and some one struck him with a batten, and he then picked something off the floor and struck the man with it—I asked him if it was a knife—he said he did not know, he was very drank—I told him he must know whether it was a knife or not—he said he did not know—I told him there had been a knife found—he said, "Oh, if that is my knife then I may as well tell all about it"—I had not got the knife with me—he said he hoped the man would not die, if he did, he supposed he should be hanged-another man named Horrabo bad been apprehended on the charge, who bore a very great resemblance to the prisoner, (which was
remarked by the Magistrate when this prisoner was taken) the prisoner said there was another man in custody for it, and an innocent man should not suffer for him, he would rather give himself up—I was at the London Hospital when the examination of the deceased was taken—he said some-thing about the prisoners, and Collins said she was not outside the house at all, that she had been sleeping all night with Ingram, and she knew nothing about it.
JOHN MAULL . On Sunday morning, about seven o'clock, while Robertson was in custody, I saw the wound on his head—I asked him how he got his head cut—he said he got it struck by a man with a pair of battens—I understood him to mean pattens—I asked him if he had done any thing to the man who struck him with the pattens afterwards—he said he took his knife and stabbed him in the shoulder, and he put his hand to my shoulder—I told him he had better get up and have his head shaved and washed—he was lying in bed, and the blood came freely from his head—I said, "May be you have killed the man"—he said, "No, I hope not, but the blood flowed very freely from him"—he then got up and had his head washed—I asked him what he had done with the knife—he said he had lost it—I know his knife—he had been a shipmate of mine—(looking at one)—this is not his knife—the room we were in was rather dark—he caught hold of my hand and put it on the wound—I felt it, and it was about an inch or an inch and a half—it appeared a straight wound.
Cross-examined. Q. How long had he been on shore? A. He came ashore the Monday before—he is a Dutchman—I believe he had come from a foreign voyage.
HENRY BLAZER . I am the agent for the Sailors' Home, which is a refuge for sailors who come from sea. On the 1st of October I went on board the Golconda vessel with the male prisoner—it is the ship he came home in—I afterwards went with him to King William-street to get his wages paid—I left him a little while, while I went into a public-house to see for the rest of the men; and when I came back I asked him if he had been paid—he said, "No; I must make haste and get out of this, for they will be after me"—I was not aware of any thing having happened, and asked what he meant by that—he said he had got into a row at the King William last night; and said, "The man struck me with a batten on my head—I did not know what I was about—I took out my knife, and stabbed him,"' making a motion towards his right breast.
EDWARD ANDREWS , I am house-pupil at the London Hospital. On Sunday morning, the 30th of September, about five o'clock, Taylor was brought in—he had a wound in the upper part of the right side of his chest—the orifice was about an inch long-such a knife as this might do it—it was a punctured wound, full three inches deep, but I did not ascertain that at that time—he lived till the 29th of October, just a month—there was a post-mortem examination—I have no doubt the wound was the cause of death-an artery of the lungs was cut into—atthe time his examination was taken I hardly think he knew he was dying—he knew it was unlikely he should recover.
JOHN BESWICKE GREENWOOD , Esq. I am a Magistrate of the Thames Police. I attended at the London Hospital, to take the examination of the deceased, on the 5th of October—I did not ask him his impression as to his recovery—I thought he might recover, and I think he thought so too—the prisoners were present at the examination—it was taken on oath
—I should state that both prisoners were not present at first, bat the man was; and, in consequence of something he stated, I adjourned the examination for an hour till Collins was apprehended—the examination was then recommenced from the beginning—I took it all afresh-what had passed was read over to her—I took the examination with my own hand—she made some remark in the course of the deceased's statement, but I forget what it was—this is the signature of the deceased, taken in my presence, and countersigned by myself—the prisoners had an opportunity of putting any questions—they had a solicitor present—I should state, when Robertson was first brought before me, besides the wound on his forehead, he appeared to me to have a mark of a circular reddish rim on his forehead—it was not a precise wound—I thought it to be such an impression as might be produced by the rim of a patten—(the examination was here read, as follows:) "EDMUND TAYLOR sworn, saith:—I saw the prisoner Robertson once before now—it was on the morning of the day on which he struck me—I never saw him before then, nor did I know him—on Sunday morning last about four o'clock, I think it was, I was in Bluegate-fields—I passed near a b——y-house there, with a girl named M'Carthy—I do not remember that I was carrying pattens—I do not think the girl had any pattens with her—the prisoner Robertson was just in the b——y-house passage—when I was going by I heard the prisoner Collins who was standing at the b——y-house door, say, "Stick him with a knife"—I saw a knife pass between the two prisoners—it was a sailor's clasp'd knife, with a sharp point—the prisoner Robertson ran out of the door, and stabbed me, and the blood gushed out-if I struck him with a patten, I must have picked one up, but I do not recollect doing so—I had not one with me—I staggered back against a gateway, and two policemen came to me soon after and took me away to this hospital, where I have been ever since—I do not remember that I said any thing to the prisoner Robertson, nor he to me, before he stabbed me—I had not been at the King William that night, but I was not sober, but I know this is the man, by his hair and his countenance—I did not go into the b——y-house in Bluegate-fields—I was going home to No. 23, New-street—I am not a sailor, but I hare been to sea—I am a cooper by trade—I had known the prisoner Collins before—I had no particular acquaintance with her—this is the girl Collins.
JOHN BESWICKE GREENWOOD , Esq., re-examined. When Horrabo was brought before me, M'Carthy said he was the man, and when the prisoner was produced, she persisted that Horrabo was the man—there was a great similarity between the two—I was not at all surprised at the party being mistaken—there was a great similarity.
ROBERTSON— GUILTY .
Confined Twelve Months.
COLLINS— GUILTY .
Of Man-slaughter only
Transported for Seven Years.
ROBERTSON was recommended to mercy by the Jury.
Before Mr. Baron Alderson.
91. JAMES HART was indicted for stealing, on the 25th of September, a certain post letter containing a £5 note, the property of Thomas William Earl of Lichfield, her Majesty's Postmaster-General, he being then employed under the Post-office: 2nd and 3rd COUNTS; for embezzling and secreting the same: 4th COUNT; for stealing a note out of the said letter; to which he pleaded
GUILTY .—Aged. Confined Two Years.
Before Mr. Baron Alderson.
WILLIAM HKNRY SHRUBSOLE . I am a publican, and live in Princes-street, Cavendish-square. I know the prisoner by seeing him several times at my house, and he lodged there two or three nights—on the morning of the 10th of November, he produced this cheque to me—I have every reason to believe this is it—(looking at it)—he wanted me to cash it for him—I gave him 2l. on it, and told him I had no more money in the house—he afterwards drew money from me at different times-2l. at one time, and 4l. at another—I gave him cash and wine for the whole—I paid it to Cundell—it was afterwards returned to me.
HENRY CUNDELL . The prosecutor brought this cheque to me—it was sent from the Westminster branch of our bank to the London and Westminster branch in the City, on whom it is drawn—it never came back to us—the officer has it—(cheque read)—"London, 2nd November, 1838; London and Westminster Bank, Throgmorton-street; Pay-or bearer, 30l.
ALEXANDER and Co."
CHARLES BEMISH . I am a clerk in the London and Westminster Bank—we have customers named Alexander and Co., merchants, at No. 6, Leadenhall-street—I have seen their hand-writing—I do not think there are more than two partners—the prisoner is the son of one of them.
ROBERT ALEXANDER . I live in Leadenhall-street—my firm consists of myself and Mr. Carr—I am the prisoner's father—he is eighteen years old—this cheque is not the hand-writing of myself or Mr. Carr—I am not able to tell whose writing it is—it is a studied imitation—I cannot say it is the hand-writing of any body I have seen—it is not like my son's usual hand-writing—I did not authorise him or any body to draw that cheque—he was a clerk in my office, and resided at my home, but I happened to go out of town on the 1st of November, intending to return on the 4th—he absconded from the house on the 1st—I could not return on the 4th, being taken ill in France—I returned on the 14th, with my family, and this had happened—the cheque is dated Nov. 2nd.
RICHARD GODWIN MACS . I am an officer of Marlborough-street. I took the prisoner—I told him it was for forging a cheque of 30l., that he need not say any thing about it unless he thought proper, and what he said would be given in evidence—he said he had torn several cheques out of his father's cheque-book, and that was the only one he had filled up and made use of—the rest he had torn up.
Prisoner. I must throw myself on the mercy of the Court.
GUILTY of uttering.—Aged 19. Strongly recommended to mercy. Confined Two Years.
Before Mr. Baron Alderson.
The HON. MR. SCARLETT and MR. BODKIN conducted the Prosecution, GEORGE THORNTON. I am a policeman. On the 6th of November I went with Etheridge and Ducket, to No. 3, Buckeridge-street, St. Giles's—we went up stairs to the first floor front room, and found a man and woman, who gave their names as Lucy Clayton and Charles Tree, sitting by the fire—I took them into custody—I called for assistance—on the hob of the stove I found an iron spoon with plaster-of-Paris on it, and some portions of white metal—on the mantel-piece J found a file and some small particles of white metal adhering to the teeth, and in the table-drawer an iron holder with white metal on that—I found a coat in the room, which belonged to the prisoner, for as I was conveying him to the station-house he hallooed out to a girl, "Bring my coat down to me, for I am going to Bow-street"—that coat was afterwards brought to him, and he claimed it as his—it was hanging on a line in the room—I received information that a man had been taken by some other persons.
ROBERT DUCKET (police-constable E 96.) I accompanied the officers to the house in Buckeridge-street—after the other room was examined, I went up to the attic of the house—I found on the table in a basin portions of a mould broken in the centre—I found plaster-of-Paris by the side of it, some powder in a tea-cup, and a small piece of window-glass with plaster-of-Paris on it—there was a good fire in the room, very dear, at if it was coke—the window of that room was pointed out to me by Hall—it was open—there was nobody in the room—the window led on to the roof.
HENRY HALL . I was assisting the other officers—I was in George-street, at the end of Buckeridge-street, and could see the house they had gone to—I saw three of my brother constables go into No. 3, and I saw the prisoner come out of the attic-window of that house—I pointed the window out to Ducket—the prisoner was dressed in a white jacket and a black hat—I saw him go to the attic window of No. 4, and get in there—I saw him come out of the door of No. 4, and run up Buckeridge-street into the Hare and Hounds public-house—I went in after him, and found him concealed behind the door—his hands and face were covered with powder of-Paris, and he appeared to have rubbed his hat with his hand-as it was white also—he had nothing in his mouth, but at the station-house he vomited up a deal of powder-of-Paris-White searched him in my presence, and found on him a mould containing a good shilling and five counterfeit half-crowns done up in a piece of paper—I afterwards went to the attic with Ducket—the window was open, and there was white on the tiles where he had laid his hands—it appeared to be powder-of-Paris.
Prisoner. Q. Was the door locked or not? A. Locked and fastened inside—there was no otherwindow.
WILLIAM WHITE . I am a policeman. I was in company with Hall, and took the prisoner into custody at the public-house—I produce a mould which was found on him, also the half-crowns—he said, "That is quite sufficient-you have got enough;" and as I took him to Bow-street, he said to a girl, "I am safe bellowsed—good bye."
Prisoner. Q. Were the half-crowns wrapped in paper? A. Yes; and plaster-of-Paris attached to them—I said at the office that they were in paper.
MR. JOHN FIELD . I am inspector of coin to her Majesty's Mint, and have been in the habit of examining coin for many years—(looking at the mould)—this has the impression of the obverse side of a shilling—it is made of plaster-of-Paris, and has a good shilling with which the impression is made—it
is half a mould, not having the reverse impression—it is a mould for the obverse side-here are some small pieces-of-plaster of Paris which, when I first saw them, were covered with water—they appear to have been parts of a mould, for what purpose I cannot tell; but from the circumference of them, they appear to have been for a half-crown—the half-crowns produced are counterfeit.
Prisoner's Defence. On the day the officer took me I was in the public-house two hours and a half or three hours before, when a young man I knew, and had frequently seen before, came to me, and asked if I would have something to drink—I had no work at the time, and said I would—after which he took me to the room, and did something to the shilling which made it white, and made what the gentleman calls a mould—I then went out with him, and stopped about an hour and a half at the public-house, where he left me—he came in again, and asked me to go back with him—I went, and he had the half-crowns-in a very few minutes he said, "I must go out a bit-stop here"—I said, "I cannot stop long—I have somewhere to go in about ten minutes"—he said, "I shall not be long"—he gave me this mould and five half-crowns—he went out of the room-in about a quarter of an hour when I came to go out I found the door fastened outside—I knocked as loud as I could for five minutes, but could not get out, which I was anxious to do, as I thought he was doing something—I went to get out of the window, and in the gutter there was a lot of whitening or some white stuff wet—I fell over it, and my hand went into it, which, I suppose, made the window over white—I went through the next house into the public-house, and sat down by the street-door, which was shut, but did not conceal myself—the policeman came in and took me, and when they took it from me, I said, "You have got all I have got"—as to the coat, I had told the young man I wanted my coat sewn, and he took it down stairs, I suppose to this room where it was found-all I said to the girl going to the office was, "Go, and get my coat"—but in going to Bow-street I had no opportunity of saying anything to any body. GUILTY *—Aged 20. Judgment Respited.
Before Mr. Justice Park.
94. THOMAS TEWHEY was indicted for unlawfully, maliciously, and feloniously assaulting James Crow, on the 14th of October, at St. Andrew, Holborn, and cutting and wounding him on his head, with intent to maim and disable him.-2nd COUNT, stating it to be with intent to do him some grievous bodily harm.
MR. PAYNE conducted the Prosecution, JAMES CROW. I am sixteen years old next month, and live in Field-lane. On Sunday evening, the 14th of October, between nine and ten o'clock, I was in a house in Field-lane, sitting by the fire, in the back-room, ground floor, with a child on my knee-a woman, whose name I do not know, came in, and asked for a drop of water—the prisoner followed the woman in—I did not know him before—he asked her for some money or some gin—she said she had got neither one nor the other—he then took hold of her arm, and said he would break it if she did not give him some—she screamed out, and he knocked her down with his band—the table fell down, and the candle went out—Ann Ivory and Diana Owen were in the room with me—they picked up the candle directly, and lighted it—I said,
"I wish you would not make such a row as this, you are frightening the child, and every thing else"—the prisoner made use of a very bad word, and said he would serve me the same—he up with his hand, and gave me a blow on the side of my face—I said to Ivory, "Go and fetch my father"—the prisoner stopped her, he ran to the fire-place, took up the poker, and knocked me down with it—he struck me on the forehead—I had not touched him, or done any thing to him—I had the child in my arms-a woman caught it out of my hands—I had not touched the poker at all—my head bled very much—I was taken to St. Bartholomew's hospital that night, and remained there fifteen days, and after that was an out-patient—my head is all closed up now—Mr. Holden attended me—I had never seen the prisoner before—this is the poker he hit me with—it was quite straight before he hit me with it—it is now bent.
Cross-examined by MR. PHILLIPS. Q. Are you sure you had not taken up the poker? A. Yes; I never said that the prisoner blew the candle out—Diana Owen lighted it—there was a good fire, in the place—I never said a little girl picked up the candle, and threw it on the table.
DIANA OWEN . I live at No. 19, Field-lane. On Sunday, the 14th of October, between nine and ten o'clock in the evening, I was in the room with Crow-a woman named Sarah Harley came into the room, and asked for some water—I knew her before—the prisoner came in after her—I knew him before by seeing him pass and repasts in the lane—he asked her to give him some gin, or some money—she said she had not got either—he said he would have it, or break her arm—he took her shawl off, making use of a bad word—she begged of him to let her alone, and not hurt her—he took her by the wrist, and endeavoured to twist her hand round—Crow begged of him to be quiet, and when Harley screamed, the prisoner made use of a bad expression, said be would serve him the same, and gave him a blow with his fist under the left ear—Crow put the child down off his knee—the prisoner went round the table, knocked Harley down again, and upset the table—the candle fell off, and I lighted it myself, and entreated of him to be quiet-Ivory wanted to fetch her father—he told her if she dared to go out he would serve her the same—he did not appear the worse for liquor—he said to the prosecutor, "I will serve you the same"—he took the poker, and hit him on the forehead a very heavy blow—it bled very much—the prosecutor did nothing to him.
Cross-examined. Q. Are you single? A. Yes; this is a broker's shop and a lodging-house—the rooms are let out is tenements—there are not above three rooms occupied—it is a respectable house, as far as I know—I never saw any thing improper in it.
WILLIAM CRANE . I am a watchman. I was fetched to No. 19, Field-lane, on Sunday night, the 14th, and saw the prisoner standing inside the door, and people trying to keep him from getting out—the prosecutor was behind, with his head bleeding—I took the prisoner to the station-house—the poker was bent as it is now.
Cross-examined. Q. Do you know this house? A. Yes, by passing it—it is a lodging-house—there are unfortunate girls there at times.
LUTHER HOLDEN . I am a house-surgeon of St. Bartholomew's hospital—I remember Crow being admitted on the 14th of October—he had a serious wound on the fore-part of the head—it bled a good deal—it was about an inch and a half in extent—the scalp was very much detached—I could see the bone in one part—he was in the hospital a fortnight, confined to his bed—we did not send him out till we thought
it safe, or keep him in longer than was necessary—he was at one part of the time certainly in danger—he is out now, walking about.
GUILTY on the Second Count. Aged 24. Confined Twelve Months.
Before Mr. Baron Alderson.
95. CHRISTOPHER CONLAN was indicted for unlawfully, maliciously, and feloniously, assaulting George Tucker, on the 27th of October, and cutting and wounding him upon his head, with intent to maim and disable him.-2nd COUNT, with intent to do him some grievous bodily harm.
GEORGE TUCKER . I am a brewer's servant. On the 27th of this month I was at the Blue-coat Boy public-house, in Dorset-street, Spitalfields, sitting in the tap-room, smoking my pipe—I had seen the prisoner in front of the bar—he came into the tap-room, and asked me whether I worked at Trueman and Hanbury's—I said no—he then asked whether I knew a person called Long Dick—I said no—I did not wish to have any conversation with him, and went to the other side of the room—he came to me there, and forced his conversation upon me—I joked with him two or three words—he made use of some horrid vulgar expression—I did not know what it was, and he asked whether there was a poker in the room—I saw him stoop towards the fire-place, in the act of taking it up, and I almost instantly received a tremendous blow over the head—I was sitting with my hat off, leaning on the table, and did not perceive it coming—I lost my senses inconsequence of the blow—after I came to, I found myself all smothered in blood—I went to a surgeon—about nine or ten weeks previous, I had turned the prisoner out of the house for abusing the landlady—that was the only offence I had given him.
Prisoner. Q. Were you not sitting in the middle box in the tap-room? A. There is no middle box—there were two men sitting on the opposite side of the room, not behind me—I was on one side the fire, and they on the other—I have lived about seven years with Messrs. Trueman—I did not insult you in any way—I joked you-you were making remarks about Mulligar in Ireland-you forced your conversation on me, and I said you had better go to Mulligar—he kept teasing me—I said he had better go into Angel-alley, and tease the girls.
MICHAEL RAG AN . I was at the Blue-coat Boy public-house, and saw the prisoner standing at the bar, between nine and ten o'clock—when I went in afterwards, I saw him in the tap-room, and saw Tucker sitting on one side of the tap-room—he afterwards shifted to the side of the fireplace—the prisoner asked him about some of his men who worked with him, and asked him some of their names—Tucker would not tell him, and then I heard the prisoner call him a b——three times, and the third time he told him he was a b——by nature—he then said, "There is a b——in the room," and in about a minute he took the poker from the fire-place and struck Tucker on the bare head, as he laid with his head down—Tucker had said he wondered how an old man like him should go among a parcel of girls—that was before he called Tucker this name—after that he took up the poker and struck him on the head, and Tucker fell on the seat covered with blood.
Prisoner. Q. Who was with you? A. My brother was sitting by the side of me, having a pint of beer—he is not here—he is older than me—I did not strike him because he would not come against you.
prosecutor's head was bleeding very much—the prisoner said he was very glad he had done it, and he would do it again—he said the prosecutor was going to commit an unnatural crime on him, and he had done nothing but what was right—he had been drinking a little, but was quite sensible to know what he was about—he looked rather stupified with drink, and was very angry—I got this poker in the house—(producing it.)
Prisoner. That is not the poker I hit him with.
WILLIAM HODDBLL . I was not in the tap-room at the time the blow was struck, but I went in just before to take some porter—I left five or six people in the room—they could all see what Tucker was about-if he had made any improper attack on the prisoner, every body would have seen it—I asked the prisoner at the police-office if he was not sorry for what he had done—he said no, if he had a sword he would cleave his skull in two.
RICHARD FORRESTER WELLS . I am a surgeon. I examined the prosecutor's head—there was a wound on the scalp, about two inches long—the scalp was divided to the bone—it was a serious blow, and such as might be produced by the poker.
(The prisoner in his defence charged the prosecutor with having taken indecent liberties with him in the room, and he being indignant and horrified at his conduct, took the poker, which was a very thin one, and struck him.)
WILLIAM HODDELL re-examined, They were laughing and joking together, but nothing indecent passed while I was in the tap-room, which was a minute before the blow was struck—there was a gas light in the room—I could see the lower part of the prosecutor's person—he was at the table—the prisoner was cutting capers about the room—he never sat down—I saw all the prosecutor did up to the time of my quitting the room.
GUILTY of an Assault. Aged 50.— Confined Three Years.
Second Jury, before Mr. Recorder,
96. CORNELIUS HALEY, JOHN MARNEY , and JAMES DAVIS were indicted for breaking and entering the warehouse of Joseph Baldwin, on the 2nd of November, and stealing therein 30lbs. weight of plated copper, value 30s.; 4lbs. weight of gilt copper, value 4s.; 2 bags, value 6d.; 240 pence, and 120 halfpence, his goods and monies.
MR. BALLANTINE conducted the Prosecution.
JOSEPH BALDWIN . I am a stationer and rag-merchant; I have a ware-house in Fox-lane, St. Paul, Shad well, and a private house in the same lane. On Friday, the 2nd of November, about seven o'clock in the morning, I found the street-door of my shop open—I had left it safe at ten o'clock the night before—I was the last person there—I am quite sure the door was shut—I double-locked it myself—it bad not been forced open, but the thieves had got in at the one-pair-of-stairs window, and gone out at the door-part of the casement of the up-stairs window was broken, by which means they had got in—I went into the shop, and missed a bag of halfpence-a desk was broken open, and some farthings taken out, and a bag of plated
copper was gone-Mary Murphy came in soon after—I had some conversation with her—Cole and my son left the shop, and brought Davis back to the shop alone—he said, if I would not give him into custody, he would tell me where all my property was—I said, "I shall see what property I have lost"—he said the money was spent—we went to an old house, and found the bag of plated copper—this was about an hour after I found the door open—I was searching further about the place, and he slipped off—I did not see him again till he was in custody on another charge.
MARY MURPHY . I live in King-street, St. George's. On Friday morning, the 2nd of November, I was going to the prosecutor's house, and met the prisoners in the street J live in, coming in a direction from the shop, about five minutes' walk from the shop—they were walking together—I knew them well, and am certain of them—they were going towards the Star brewhouse, which leads into Prussian Island, in Wapping parish.
EDWIN COLE . I am shopman to Mr. Baldwin. On the morning of the 2nd of November, by his desire, I went down Fox's-lane, towards Prussian Island, and overtook the prisoner Davis, standing by the door of a house alone—I laid hold of him, and some gilt buttons dropped out of his pocket—I know my master had such buttons in his shop—I produce them.
GEORGE WILLIAM GRAVE (police-sergeant K 11.) On the 14th of November I saw Davis, locked up in the station-house—I said, "Halloo, Davis, is that you? I have been looking after you some time"—he said, "What for?"—I said, "On suspicion of breaking into Mr. Baldwin's house, in company with two others"—he said, "Well, I know I was in that job, but I had nothing to do with the robbery in King-street," which was the charge he was locked up for.
PHILIP THOMAS HURLOCK . I am apprentice to Mr. Gulliver, a boat-builder, builder, in Commercial-road. I was in Prussian Island on the morning of the 2nd of November, about half-past seven o'clock, and saw Mr. Baldwin's son and his man dragging Davis away from the door of an old house where he was standing—it is about a quarter of an hour's walk from the prosecutor's.
(Property produced and sworn to.)
Davis's Defence. On the morning I was taken for this, I was taken to the prosecutor's shop—he said, "I don't want to hurt you, if you will give my property back I will say nothing about it"—I said I would get it back—I took him down to an old house, and while I was getting him his property, (I and these two men had separated the property into two bags—I got him the bags)—two policemen came to the door of the house, and he sent his son to the door not to let the officers in, and told me to get away if I could.
JOSEPH BALDWIN re-examined. It is false—I did not make any observation to him—I made him no promise, but said I would see what property I had lost—the property he gave me up I know to be mine—it it old metal—I can swear to it all—I have no mark or any thing, but here is an old-fashioned candlestick which I can swear to—I keep a marine-store shop—I have looked at all the articles in the bag-such articles were in my possession on the preceding day—they took the whole of this metal—I knew Davis, and have bought rags and iron of him—I buy a good many goods from the dust people—I gave about 6d. a lb. for this candlestick as old metal—it is worn out, and not worth repairing—my son was concerned in
apprehending the prisoner—he is not here—I gave information to the police, and gave them the metal—I and my son were there when Davis escaped.
NOT GUILTY .
97. CORNELIUS HALEY, JOHN MARNEY , and JAMES DAVIS , were again indicted for burglariously breaking and entering the dwelling-house of Henry Greenwood, at St. George, about two o'clock in the night of the 14th of November, with intent to steal, and stealing therein, 1 spoon, value 5s.; 20 halfpence, and 34 farthings; his goods and monies.
MR. BALLANTINE conducted the Prosecution.
WILLIAM HENDERSON . I am a lighterman, and live in King-street, Old Gravel-lane. Greenwood's public-house is right opposite my house—on the 14th of November, between one and two o'clock in the morning, Rippon called me out—I heard a till drawn out in Greenwood's house, and then rattling of copper money, and heard glass break—I sent Rippon in search of a policeman, while I waited outside—on his returning with the policeman we knocked at the doors, front and back-Greenwood came down in about ten minutes, and let the policeman and me in—we found somebody had got in through the sky-light-two squares of glass were broken in the sky-light over the bar parlour at the back of the house-as soon as I got in the policeman laid hold of Haley in the house, outside the bar—he said Davis and Marney had been with him, and escaped through the sky-light.
THOMAS RIPPON . I am a painter. I was in company with Henderson on this night, and heard the breaking of glass inside the prosecutor's house—I fetched Crawford the policeman—I stopped at the front-door while they went in—I did not see any body come out.
JAMES CRAWFORD (police-constable K 253.) I was fetched by Rippon—I went into the house, and found the sky-light broken, and Haley in the bar-parlour, but before that I found the drawers in the bar forced out, several papers scattered about and quite disordered, and the bar-parlour door had glass broken in it—I found Haley lying on the carpet in the bar-parlour, with his head towards the stove—I pulled him up, and he asked me if I had got the other two—I asked him what two he meant—he said, Jem Davis and John Marney, and that they bad got out of the sky-light—I took him to the station-house, returned, searched the bar-parlour, and found a jacket, which Haley claimed—I found some halfpence in that jacket pocket-Haley had got some rag round his finger—I did not see whether it was cut.
HENRY GREENWOOD . I keep the public-house—it is in the parish of St. George in the East. I was called up on the evening in question, and found Haley lying in the bar-parlour—the officer showed me two of the halfpence found in Haley's jacket—I had two exactly similar the night before—I had tried to pay one of them away the night before, and it was refused, as a piece was cut off, and a hole punched in it, and the other is exactly like one I had—I found my till broken open, and 1s. 1/2 d. in halfpence, and 8 1/2 d. in farthings, was found in Haley's pocket—I had left about that amount in the till the night before, and that was all gone—they could not get into the house without breaking in—I had shut it up myself the night before—the sky-light was not broken then-Haley said they got in through the sky-light—that was the only part broken-nobody could have been in the house when I went to bed—I am certain of it—I shut up about eleven o'clock—the sky-light is about thirteen feet from the ground—there is a
table in the middle of the room the sky-light is in, right under it—he might dropdown from it into the room—he could get on the paling in the back yard, and then on the kitchen tiles, to the sky-light—there were marks of somebody having been on the tiles.
HALEY*— GUILTY . Aged 18.— Transported for Ten Years.
NOT GUILTY .
98. JOHN HOOK was indicted for feloniously uttering, on the 23rd of October, a certain forged request for the delivery of 12 pieces of paper-hanging, with intent to defraud John Dempsey and another, knowing it to be forged; and that he had been previously convicted of felony.
MR. KEENE conducted the Prosecution.
JOHN DEMPSEY . I live in Somer's-place West, New-road, St. Pancras, and am a paper-hanging manufacturer, in partnership with my father, John Dempsey. On the 23rd of October, the prisoner came to me and produced an order, which, he said, came from his father, who is a customer of ours—he produced another order the same day to my father.
JOHN DEMPSEY . I am the father of the last witness. On the 23rd of October the prisoner brought me this order, and said it was an order for twelve pieces of paper for his father who dealt with me—I gave him the paper, which was worth 30s.—I got these three duplicates from the prisoner's father—they are for a portion of our goods—(Order read)—"Please let bearer have 12 pieces of stair-case paper, for Mr. Hook. Oct. 23, '38."
SAMUEL HOOK . I am a paper-hanger, and live in Frederick-street. The prisoner is my son—this order was not written by me, nor by my authority or knowledge—I did not give him authority to get any paper from Mr. Dempsey that day, nor did I receive any—he did not live with me at the time—he gave me these three duplicates.
JOHN HAYDON . I was a policeman at the time in question, but have since resigned. I took the prisoner in charge on the 13th of November, and searched him, but found nothing—I received these three duplicates from Mr. Dempsey, sen.
THOMAS PEWTNER . I am foreman to Mr. Griffith, of Ossulston-street, Somer's-town. I produce some paper which was pawned by the prisoner on the 23rd of October, for 10s.—he said he worked for Mr. Dempsey, and they were given to him in part of wages.
THOMAS RAYNER . I produce a certificate of the prisoner's former conviction from Mr. Clark's office—I am a cowkeeper—I do not belong to the police now, but did at one time—I took the prisoner into custody on the charge—he is the person mentioned in the certificate—(read.)
GUILTY .—Aged 22. Transported for Seven Years.
(There were six other indictments against the prisoner.)
EBENEZER TROTMAN . I am an architect, and live at No. 13, Furnival's Inn—I have distinct chambers there, which have no communication with any other chambers. On the 15th of October I met the prisoner in the
Strand, and went home with her to my chambers—she was a stranger to me before—I had a silver watch and silver guard, which I laid on a chest of drawers in one of my rooms—she left me between one and two o'clock on the following morning—I missed my watch within ten minutes of her leaving me—I saw it at the pawnbroker's on Wednesday, the 17th of October, and redeemed it—I have a servant who takes care of the rooms—nobody could come in between the prisoner's entering and leaving, nor between her going and my missing my watch—the watch, chain, and guard altogether are worth from seven pounds to seven guineas—I redeemed it for 3l.
Prisoner. It is not the first time he has taken me to his chambers—he never gave me any thing, but always sent me home—I never received six-pence from him, and this was the third time—he came down to the gate with me. Witness. She was never at my chambers before nor since—I am not aware that I ever saw her before that night—I gave her 2s. 6d.—she desired me to see her down in case any questions, should be asked her, and I saw her to the bottom of the stairs, but I did not wish to go to the gate with her to be seen by the watchman—I brought her home about half-past ten o'clock.
Prisoner. I do not believe them to be his chambers. Witness. I have had them seven years—they are my chambers—I pay 40l. a year for them.
Prisoner. He knew I pledged the watch, and knew where I lived—he cannot deny it. Witness. I did not know where she lived, she did not tell me—I did not know her name—I went to the watchmaker the following day, and got a description of the watch—I gave information to two police-officers, and next day it was discovered-a policeman called and took me to see it, and I identified it—I was not aware that she had it at all—it had been in my bed-room, where we had been together.
Prisoner. He always said he had no money—I told him, "I most have something"—he said, "Well, if you insist on it, take my watch"—I said I would take it, and get 1l. 10s. on it. Witness. She never said any thing about the watch—she expressed herself contented with what I gave her—there was a profession of comparative disinterestedness on her part.
Prisoner. He threatened to knock me down before I came down stain—I am not the first woman he has served so. Witness. It is a tissue of lies from first to last—she said to me, in the policeman's presence, when taken into custody, "Do you recollect what you gave me?" as much as to say "it was little enough, and you ought to have given me more."
JOSEPH PARKES . I am the shopman to a pawnbroker. The watch was pawned with me on the 16th of October by the prisoner—I knew her some time—I asked her who she brought it for—she said, "For a gentleman of the name of Denbill"—I advanced her 3l. on it—it is a watch which they will not buy in the trade, as it is made by Savory, of Cornhill, and be advertises watches—it is not worth 6l. in the trade—it may be worth 4l. to the wearer—it is not worth 5l., chain and all.
Prisoner. Q. Did you ever know me pawn any thing wrong? A. No—she frequently pawned with me.
JAMES TURNER (police-constable L 86.) On the 16th of November the prisoner was given into my custody for stealing the watch—the denied it directly—but next morning she owned that she took it—she said so before I went before the Magistrate—(the witness's deposition being read, omitted to state this)—I did not know but what I had told the Magistrate of it—she
said, "I took the watch"—she did not say she had leave to take it—I asked her if she took the watch, and she said she did—I heard her say nothing more—I saw her speaking to the prosecutor going along the Strand, but could not hear what she said, for the noise of the cabs and omnibusses—she seemed angry, as if complaining.
Prisoner. I hope you will be merciful to me, on account of my child—the policeman did not hear me utter a sentence—the prosecutor was in private conversation with me, for I was very angry with him—he knows what for.
GUILTY .—Aged 36. Confined Six Months.
NEW COURT.—Friday, Nov. 30th, 1838.
Sixth Jury, before Mr. Common Sergeant.
MR. ELLIS conducted the Prosecution.
ANN BEAUMONT . I keep a dairy in Rathbone-place. At half-past ten o'clock, on the 1st of November, the prisoner came to my shop for a pint of milk and four eggs, which came to 6d.—she offered a half-crown—I gave her one shilling and two sixpences—I put the half-crown in the till—there was no other silver there-in ten minutes or a quarter of an hour I went to take it out, and saw it was bad—I locked it up in a glass case, and it never went out—she came again about seven o'clock, in the evening of the 14th—my niece, Ellen Swindell, was in the shop—the prisoner asked for a pint of milk—my niece called me—I found the prisoner there—my niece wanted change for a half-crown—it was a bad one—I recognised the prisoner, and said she had paid me a visit shortly before, and asked if she had any more half-crowns—she said she had never been there before—I am positive she was the person—I could swear to her among a thousand" I sent for a policeman, and gave him the two half-crowns.
ELLEN SWINDELL . I am the prosecutrix's niece. The prisoner came on the 14th of November, about seven or half-past seven o'clock in the evening, for a pint of milk—I served her—she gave me a half-crown—I gave it to my aunt—it was the one I took from the prisoner.
GUILTY . Aged 16.— Confined Six Months.
GUILTY .—Aged 19. Confined Six Months.
CUBBAGE.— NOT GUILTY .
MR. BODKIN conducted the Prosecution.
JOHN THOMAS RILEY . I keep a coffee-shop in Houndsditch. On the 31st of October, the prisoner came and had coffee—he gave me a bad half-crown—I put down two shillings on my table, and went to my bar to get the coppers, and saw by the gas-light the half-crown was counterfeit—I went back, and the two shillings I left on the table were gone—I spoke to the prisoner about them—he said he had not got them—I made him turn out his pockets, and out of the last pocket came the two shillings—I kept the bad half-crown, and nailed it to the counter.
JOHN PRITCHARD . I keep a coffee-house in Houndsditch. On the 7th of November the prisoner came to me—he had some coffee, and paid me a half-crown—I suspected he had been there before—I thought it was bad—I sent for an officer, and gave him into custody—I gave the half-crown to the officer—the prisoner said he had taken it in the fair—I have known him ever since I kept the house, which is about eight months.
FREDERICK HARRIS (City police-sergeant No. 3.) I took the prisoner, and got this half-crown from Pritchard—I went the following morning to Mr. Riley, and got this other half-crown, which was nailed to the counter.
Prisoner's Defence. I deal in the fair—I sold a waistcoat for half-a-crown, and my being no judge of money I took it—I went to Mr. Riley the week before—I gave him a half-crown, and he said it was bad—I said, "Let me have it, I know the man I took it of"—he said no, not till I gave him the 1d. for the coffee—I went and got 1d., and gave it him, but he would not return me the half-crown nor the change.
GUILTY . Aged 19.— Confined Six Months.
MR. ELLIS conducted the Prosecution.
WILLIAM GALLARD . I am a chemist, and live in High-street, Hampstead. At a quarter-past six o'clock, in the evening of the 17th of October, the prisoner came into my shop for 10z. of salts, which I laid on the counter—he offered me a shilling—I saw it was bad—he told me he came from Regent-street—I then told him that I suspected the shilling was bad—he said his mistress was a milliner, and that he came to Hampstead with an order to a draper—I went out with him, and desired him to point out the shop—he was unable to do so, and I sent for an officer—I gave the shilling to the policeman, after marking it.
LAWRENCE LRONARD (police-constable S 29.) I apprehended the prisoner and received this shilling from Mr. Gallard—I was at the examination at the police office—he was discharged on the 25th of October—he said his name was Robert Green, and he lived at No. 1, Tichfield-street.
ELIZA GREEN . I am servant to Mr. Biggers, of Marchmont-street, a tobacconist. At eight o'clock in the evening of the 30th of October, the prisoner came for a quarter of an ounce of tobacco, which is one penny—I served him—he gave me a bad shilling—I told him it was bad—I marked it and gave it to the policeman—I am sure it was the same—I bent it when I first received it, and gave it to a man to look at—I did not lose sight of it.
received the shilling from Eliza Green—(producing one)—the prisoner said his name was John Leister, and that he lived in Oxford Market.
GUILTY . Aged 18.— Confined Six Months.
The HON. MR. SCARLETT conducted the Prosecution.
ELIZA YOWELL . I am servant to Mr. Birch, a tobacconist, in High-street, Camden Town. The prisoner came on Monday, the 5th of November, between eleven and twelve o'clock, for an ounce of the best shag tobacco—it came to 2d.—he gave me a shilling—I gave him 4d. and 6d.—I put the shilling into the till—there was only two sixpences there—I am sure there was no other shilling-a little while after another man came in for the same quantity—I served him—he gave me a shilling—I put it into the till the same as the other-no person came in between the time that the prisoner and the second person came—I only took some pence—when my mistress came home she was going to give change for half-a-crown, and saw the two bad shillings in the till—she put them on the mantel-piece—they were there till the evening, when my master nailed them to the counter—they remained there until Thursday, when about the same time as before, the prisoner came for half an ounce of the best shag—I knew him to be the same man—I am quite sure of that—he offered me a shilling, and I showed it to my mistress before he went out—she looked at it, gave it me again, and fetched a constable—the prisoner took up a paper and looked at it—the constable came in, and he was taken into custody—I took the other bad shillings to the station-house, and kept them there till I gave them to the constable.
Cross-examined by MR. PATNE. Q. What time was it your mistress came in, and wanted to give change for the half-crown? A. Between twelve and one o'clock—my master came in in the evening, between six and seven o'clock-all that time the shillings were on the shelf—I was not in the shop all that time-a number of people were in the shop—it does not take long to serve half an ounce of shag—when my mistress went out the prisoner did not attempt to go away.
JOHN MONGSTON (police-constable S 32.) I took the prisoner at Mr. Birch's—I searched him, and found a tobacco-box, a comb, a latch key, and half an ounce of tobacco, which he had just purchased—I received the shilling taken on the Thursday, and the two were taken from the counter in my presence—I took him to the station-house, and the charge was taken—he said he lived at No. 4, York-street, Camden Town—he was asked who kept the house—he said a man—the officer said, "What is his name"—he said he might go and see, that was his business—the officer said, "You are a sharp youth"—"Yes," says he, "these are sharp times"—I went to inquire at his lodgings, where he said he lived, and found it all false.
GUILTY . Aged 19.— Confined Six Months.
The HON. MR. SCARLETT conducted the Prosecution.
MARY ANN DALE . I live at the Cannon public-house, Brentford. On Tuesday evening, the 27th of November, the prisoner Miles came to the bar and asked for change for a half-crown, which I refused-immediately after she went out, Hart came for a glass of half-and-half, and gave me a half-crown—I gave him four sixpences and 4 1/2 d.—he went out, and another female came in and asked for half-a-pint of beer—she put down a bad shilling—I said it was bad—she took it up and went out—I then looked in the till, where I had no more silver but the half-crown which I took of Hart, and found it was bad—I had apologized to him for giving him four sixpences, as I had no other silver there at all—I sent to the police-office and described the two prisoners, and the officer very soon afterwards took them.
THOMAS MORRISON . I am shopman to Mr. Chappel, a linen-draper, at Brentford. On the evening of the 27th of November, Hart came to the shop for some stockings—I showed him some, and he purchased one pair for 1s. 2d., and a skein of silk—the two came to 1s. 3d.—he offered me half-a-crown—I gave him threepence of the change, and then told him the half-crown was bad—he said, "If it?"—I said, "Yes, very bad"—he said, "I can tell by the edge whether it is or not"—he got it, and left the shop—I did not see him again till at the station-house—I looked at the half-crown, and am perfectly satisfied it was counterfeit.
ALFRED WILLIAMS . My father is a draper at Brentford. On that Tuesday evening, the prisoner Miles came and asked for a pair of stockings, she offered me a half-crown—I gave her 1s. 6 1/2 d.—I put it on the counter—when I had given her the change, she went out, and then I examined the half-crown—while I was examining it, the policeman brought her back—I am positive she is the same person—I took the half-crown to the station-house, and gave it to the policeman.
HUGH SANDILANDS (police-constable T 80.) I received information from Mrs. Dale, and found the two prisoners three or four hundred yards beyond her house, in company with another person, not in custody—I walked on the opposite side of the way, and watched their transactions—I saw Hart band something to Miles, and then they both crossed the road, and went to the shop of Mr. Williams, the linen-draper-Miles went in, and Hart waited outside the door—I immediately tried to take him into custody-a desperate scuffle ensued—I got knocked down, and be succeeded in getting from me—I got up directly, and saw him put his hand to his trowsers pocket, and put something into his mouth—we ran forty or fifty yards—I then took him, threw him down, got him by the throat, and turned out what was in his mouth, which was eleven shillings—I took them on the spot—there was 9s. good, in shillings and sixpences, and two counterfeit shillings—these are them—I went back towards Mr. Williams's, and saw the prisoner Miles coming out of Mr. Williams's shop—I took her back, and got the half-crown from Mr. Williams-Miles had the change, and the stockings in her hand—I found on Hart, at the station-house, a piece of calico, one pair of stockings, a handkerchief, and two red herrings in his fob, six sixpences, and one fourpenny-piece, and in one of his browsers pockets 1s. 4d., and a farthing in copper—I went to Mr. Chappel's, and found a person answering the description of Hart had been there, and offered a bad half-crown—I have the half-crown I got from Mrs. Dale, and
another that was changed at Mr. Gascoyne's, but they cannot identify the prisoners.
Hart. I deny being in this woman's company.
HART— GUILTY . Aged 19.— Confined One Year.
MILES— GUILTY . Aged 15.— Confined Six Months.
EDWARD CHATFIELD . I live in the City-road, and am a linen-draper. At a quarter-past seven o'clock in the evening of the 24th of October, I had a cloak at the shop-door—I saw the cloak-stand without the cloak in the lobby, and it was reeling from a jerk—I and my partner ran to the corner of Old-street, and I saw the prisoner with the cloak in his hand—he dropped it—this is it—(looking at it)—I have one partner.
Cross-examined by MR. PAYNE. Q. How far from your shop did you see it in his hand? A. About fifty or sixty yards—he had turned the corner of Old-street—my partner was between him and me—the prisoner was carrying the cloak in front of him—I saw some parts of it—he was stopped near the end of Pitfield-street—I came up to him at the moment with the policeman—I was eight or ten yards from him when he dropped it—if my partner had exerted himself, he might have caught it as it fell down.
GUILTY .* Aged 18.— Confined Six Months.
JOHN SYMONS . I am master of the ship Tigris. On the 27th of November I was in Ratcliff-highway with a friend—I put my hand to my pocket, and missed my handkerchief—I turned, and was told something—I pursued the prisoner, and saw my handkerchief taken from his person—this is it—(looking at it.)
WILLIAM POUNCEBY . I live in High-street, Shadwell. I saw the prosecutor going along, and two young men behind him—one took the handkerchief, and gave it to the prisoner—I told the gentleman—the prisoner ran, and the policeman caught him.
Prisoner. I picked it off the ground as the prosecutor dropped it.
Witness. No, the other took it out of his pocket, and gave it him.
GUILTY . Aged 17.— Confined Three Months.
MR. PHILLIPS conducted the Prosecution.
of Middlesex. I was indebted to Mr. Beck the sum of 1s. 5s. 6d.—the prisoner did not owe me any thing—I had an execution against him—we settled the matter—he came to my house at Richmond, and said in a fortnight or so, if I called, he would pay me—I went to Mr. Beck's counting-house, and the prisoner took off my bill R 5s. 6d., which I owed Mr. Beck, and paid me over 11s. 3d., which was the balance due on the warrant.
Cross-examined by MR. ADOLPHUS. Q. When was this account? A. I cannot exactly give the time.
NOT GUILTY .
109. JAMES ESDEN the younger was indicted for stealing, on the 27th of June, 30lbs. weight of nails, value 30s.; 4 chisels, value 4s.; 4lbs. weight of zinc nails, value 1d.; 1lb. weight of screws, value 1d.; 4 oil-cans, value 4s.; I bag, value 6d.; 2 pieces of wood, value 6d.; and 3 wooden beaters, value 3s.; the goods of Edward Beck: and JAMES ESDEN , the elder, for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
MR. PHILLIPS, on the part of the Prosecution, offered no evidence.
NOT GUILTY .
JOHN M'GLASHON . I am a journeyman baker, and live in Ann-street. On the 6th of November I had my basket and barrow, with a sack and loaves of bread—I left it at the corner of Langbam-place while I crossed to serve a customer—when I returned in two minutes, the basket was unhooked off the barrow-a young man met me—I told him to go towards St. Giles's, and he took the prisoner with it—it is the property of Sylvester Sapsford.
GEORGE GIBSON . I am a baker, and live in Welbeck-street. I went after the prisoner, and took him with the basket in about three quarters of an hour—I showed the basket to M'Glashon—the prisoner said it belonged to himself.
Prisoner's Defence. It was through distress—when I came out of the House of Correction, where you sent me for a month, I had not a farthing nor a friend—I was willing to work, but could not get it—my parish is Devonport—I had not a farthing to go there—I pledged all my clothes.
GUILTY . Aged 26.— Confined Three Months.
MR. ESPINASSE conducted the Prosecution.
Osborn—he is a vinegar manufacturer at Colchester—I live in Vincent-square, Westminster—that is his counting-house in town—I hired the prisoner as clerk and store-keeper to Mr. Osborn—he was paid weekly out of Mr. Osborn's money—it was his duty to go occasionally for orders, to receive money by my directions, and to pay it over to me—a little before November, I had reason to be dissatisfied with his conduct, and I directed him to make up all the town accounts to give to me, and some of his own sales to collect in himself—atthat time Mr. Bayley was indebted to Mr. Osborn 1l. 9s.—I never received that from the prisoner-a Mr. Burnett, in Bedford-square East, was indebted to Mr. Osborn in the sun of 4l. 4s.-if the prisoner has received that, he has never given it over to me—Mary Howard, of the Royal Oak, Norwood, was indebted 1l. 8s.—the prisoner did not account to me for that.
Cross-examined by MR. PAYNE. Q. Does Mr. Osborn ever come to Vincent-square? A. He has called on me—he has never interfered at manager of the business there—the whole concern is under my management—I give him security for the stock—I am answerable to him for the goods sold by me at this establishment—there is no name up—I am paid by the year—the prisoner had 1l. a week—he has a wife and five children—he had to pay me 5s. a week out of the 1l. for some things that I had been answerable to the tailor for—he would have had more had he done his duty, but he had other resources—he had half the profit of an article which he sold—I received distinct authority to hire any servants that might be necessary, and to pay out of the trade—the servants were to be Mr. Osborn's, and not mine, and to be answerable to him.
MR. ESPINASSE. Q. You had authority to engage any servant for Mr. Osborn? A. Yes, I engaged the prisoner, and paid him out of Mr. Osborn's money—I have not received this money.
JOHN BAYLEY . I keep the Blue Anchor, Feather's-court, Drury-lane. In July I was indebted to Mr. Osborn 1/. 9s.—I paid that to the prisoner, I believe, in November—he was the person that was always soliciting me for orders, and I paid him—I did not know he was in Mr. Osborn's service—it was for a quarter-cask of vinegar.
Cross-examined. Q. The only person you knew was Gibson? A. Yes—he called for orders, sent the goods, and had the money.
HENRY BURNETT . I live in Bedford-square East, and deal in oil. I saw the prisoner at Fenning's Wharf, which Mr. Osborn has part of-in the early part of August I bought 2l. hogsheads of vinegar of Mr. Osborn, which came to 4l. 4s.—I paid for it at the time to Mr. Gibson.
Cross-examined. Q. Did you ever see Mr. Osborn? A. No—the matter was transacted between me and the prisoner—he gave me Mr. Otborn's card.
MARY HOWARD . I keep the Royal Oak, Upper Norwood. In July last the prisoner came to my house for orders for Mr. Osborn—I purchased a small cask of vinegar of him—I paid for it, I think, in November—it was 1l. 8s. 9d.-here is the receipt I got for it.
Cross-examined. Q. Is it usual for persons who solicit orders to spend any thing in the house? A. He did not spend any thing with me, he only received the money.
SAMUEL STEVENS WITTON re-examined. On the 5th of November I produced a list of debts to the prisoner, which I have got—it contains these three sums, with various others, and in the presence of one of my clerks he admitted receiving all these sums.
MR. PAYNE. Q. Did you ask him to dinner when you had him taken up? A. I do not recollect that I did—I think he had some refreshment—I may have invited him to have some—I have known him a great many years—I sent him down to the wharf to do his duty, he returned in the evening to take something at my house, and he was taken into custody in about an hour and a half—I told him if he would effect sales, I would rather he had 2l. a week than one.
GUILTY . Aged 39.—Recommended to mercy by the Jury.
Confined One Year.
(There was another indictment against the prisoner.)
LEWIS THEOPHILUS BELL . I live in Whiskin-street, Clerkenwell, and am a silversmith, in the service of Samuel Hayne and another. The prisoner was in their employ—some silver was weighed out to me—on the 29th of October, I went to breakfast, and in the evening I received information—I had the silver weighed and 15 dwts. were missing—this now produced is similar to what I missed—it is worth 3s. 6d.
Cross-examined by MR. PAYNE. Q. Silver filings are very much like each other? A. Yes; there were 71 oz. placed to my account—I cannot say what quantity I saw on the morning of the 29th—my stock was taken up in the afternoon and weighed—when I was at work during the day I had seen the quantity from which the 15 dwts. were missing—the filings are weighed at night—there was a deficiency-of 15 dwts., according to the account from the counting-house, of what was made—I saw the filings in the morning, but I cannot tell what quantity there was—the prisoner had been in the service of my roaster nearly twelve years.
COURT. Q. If you do not know the quantity, do you know you had a quantity? A. Yes, and that resembled what was found—I believe that I missed some on weighing it up in the afternoon.
MATTHEW PEAK (police-constable G 198.) I received information, and followed the prisoner into the refiner's shop, and seized his hands—my brother officer took this paper of filings from him—I asked where he lived—he said, was he bound to give an answer?—I know Mr. Broughton's writing—this is it—I heard this statement read over to the prisoner, and the Magistrate signed it—(read)—the prisoner says, "This is my first offence, and I throw myself on the mercy of the Court."
(The prisoner received a good character.)
GUILTY . Aged 32.—Recommended to mercy by the Jury.
Confined Three Months.
JOHN VINCENT . I am a rope-maker, and live at Stepney. On the 3rd of November, I called in at the King's Arms, in Sun Tavern-fields, to have a pint of beer—I found the prisoner there and stopped the evening with him—we came away at half-past eleven o'clock to come home—I had a
tobacco-box with 9s. 6d. in it, in my pocket—we were going along Vinegar-lane, and met a woman named Williams, who asked us to treat her—we took her into the Three Mariners—she had some gin, and the prisoner paid for it—I called for a pint of beer—I laid my head on the table a few minutes and fell asleep—the prisoner came up to me and said, "Are you coming home?"—I said, "Yes"—I then missed my money and taxed him with it—he denied it—I said, "One of you must have it"—the land lord then told us to go out—I then taxed the girl with it outside, and she called the policeman—he took them both—the box and eight shillings were found in the flap of the prisoner's shirt.
Prisoner. I put it there, but the girl took it, and gave it to me,
GUILTY . Aged 19.— Confined Six Months.
JOHN NEWSON . I live at Upper Ebury-street, Pimlico. I am a builder. The prisoner was my servant—about seven o'clock in the evening, on the 12th of November, a policeman brought him to my door, with this bundle of wood under his arm—I cannot swear to it.
Cross-examined by MR. CLARKSON. Q. Had he been a long time in your service? A. Yes, five years—I am a very unwilling prosecutor.
JAMES BRADLEY (police-constable B 134.) I saw the prisoner in Dunn's nursery-ground, bringing out a piece of plank—he saw me, and turned back, laid it down on the ground, took up an axe, and split it up—I went round to the gate, and saw him coming out with this bundle of wood, and go past what I considered his master's house, as I suspected he worked for Mr. Hayes—I then stopped him—he gave me his name and address—I said it was no use to me, I must have his body—I took him to the prosecutor's—Mr. Newson tried to put the bits together to make a board, but he could not.
NOT GUILTY .
MR. CLARKSON conducted the Prosecution.
GEORGE DINES . I am foreman to Mr. Thomas Cubitt, at Eaton-square. He is a builder, and employs from 500 to 1000 men—the prisoner was his carter—on the 1st of November his horses stood at his stable, at Grosvenor Basin—he was drawing articles, from time to time, about that part—I have some pieces of wood that have been found—this one piece is Mr. Cubitt's—I know the plank from whence it has been sawed—it was purchased in November, 1829, and left in Mr. Cubitt's timber-yard, in Eaton-place-none of the men have any permission to take away wood—I can identify these three pieces—(looking at them.)
Cross-examined by MR. HORRY. Q. You say the prisoner could not have got permission from any one? A. No, because it was my place to
see after them-no one else would have any business to tell him to do any thing with the wood—I know the house in Walker's-place, where the prisoner lodged-a number of people live in that house—I found part of this wood in a room over the prisoner's, and part in an out-house—Mrs. Merrett was lodging in the same house-here are other pieces of wood which I expect are Mr. Cubitt's.
MR. CLARKSON. Q. Do you know John Foley? A. Yes—it was in consequence of information from him that I went to the prisoner's place-Foley went with me there—I met the prisoner on the Way, and found the wood in the places I have named—I said, "You got this from Thames Bank"—he said he had it when he worked for Tuck and Hornsby—he afterwards said, he found one piece at Thames Bank, and the others he had from Tuck and Hornsby—that he picked it up in the road.
JOHN FOLEY . I live in Milsom-street, Westminster. About half-past twelve o'clock, on the 6th of November, I received information, and went to No. 3, Walker's-buildings, where the prisoner lodges—I found in an out-house this one piece of wood—I found three other pieces up stairs, and other pieces below—I was present when Mr. Dines spoke to the prisoner-what he has stated is true—it was in an empty room up stairs that I found these pieces.
Cross-examined. Q. It appeared unoccupied? A. Yes, it was not fit for any person to live in—the prisoner made a remark about a collar and sack—he said that they belonged to Mr. Cubitt, and he was going to take them back—he was in the direction going to his work when I took him.
MR. CLARKSON. Q. Where did you find the collar and sack? A. In the same premises where the wood was—he said the collar he brought from one stable to take to the other, and forgot it for a few days.
CHARLES WEAVER . I live in Union-street, Pimlico. On the 1st of November the prisoner called at Mr. Lee's wharf, where I was working—it was breakfast or dinner time, I will not be certain which—he had got Mr. Cubitt's horse and cart with him—that wharf is on the Grosvenor Basin—he came after a load of lime, and asked me if he could leave a bit of board till he called for it—he took it out of the cart, and I put it inside a door in a cement-shop—this is the piece—on the following Saturday his son came to me for the board—I delivered it to him.
ELIZABETH MERRETT . I live in Walker's-buildings, and am a widow. The prisoner lodges there—his son is eleven years old, old enough to be examined—on the 3rd of November, I overheard the prisoner say to his son, "George, you go over to the Lime-wharf, and tell Charles to give you the piece of board which I told him to put by," the boy went, and fetched it in—I gave notice of that to Mr. Cubitt.
Cross-examined. Q. How many days was that afterwards? A. On the Saturday he told the boy, and on Tuesday morning I told of it—I never told any one that I gave information the next morning—I went to Walker's place on the 1st of September—it is a large house—I occupy the bottom floor—the prisoner had one room, and I had the other—we were all together—we had three beds—the prisoner and this boy were living with me—he paid me 15s. a week for the keep of them both, and they lived with me in common—we did not sleep together—I can swear that—I will not swear that I never slept with the prisoner at all, nor that we were not living as man and wife—we were living together from the 1st of September till he was taken into custody—the prisoner's things were all in my care—his
boxes stood in his own room—he kept the keys of his own room-in the beginning of November he said he thought his box had been broken open, and I asked if he had missed any thing—he said he did not think he had, but he thought the things were turned over—I do not remember whether any of his clothes were pawned—I washed for him—he had very little, till I bought him a shirt, a pair of stockings, and a smock-frock—he did not complain of losing 6s. or 6s. 6d.—he went out one morning, came back, changed his trowsers, and came back, and said, where were his trowsers—I said, "Down on the floor"—he said his purse was gone, and under the bed where the boy slept the things were turned over, and there was his purse—he never gave me a miss word—he had not expressed an intention of leaving me—he removed his goods after I went to work in the morning, but he never told me of it—I did not have some words with him—I did not intend to leave him at the time he was taken—he left me—I gave information because he left the property there—I have never been in prison—I went out to work on Tuesday morning at six o'clock, and he removed his goods before I came back—my girl came and told me—we had been living quite comfortably on the Monday—I had no words with him on Tuesday morning—I did not have any words with him—I told him he was doing wrong—he told me what it was for, and I was satisfied—he said something to me, and then he parted with me.
GUILTY . Aged 33.— Confined Three Months.
Fifth Jury, before Mr. Sergeant Arabin.
CHRISTIANA BARNARD . I am single, and live in Nelson-court, Fashion-street. I had known the prisoner, by working with her for about six weeks—she lodged with me only three nights—it is a house of my own hiring, and she came to lodge there—on the 20th of October she had to dress a doll, and asked me to give her the key of the house, which I did, and I told her to return it—she did not—I went, and missed the property.
JOHN GAREY . I am a furniture broker. On the 20th of October the prisoner came to me to sell a work-box and a glass—I asked if they were her own—she said they were—she sold them in the name of Jones, No. 4, Fashion-street—I took down her address.
Prisoner. I have not taken all the property.
GUILTY . Aged 19.— Confined Three Months.
JOSEPH MIDDLETON . I am a butcher, and live in Union-place, Commercial-road. I had a distress in my house for rent—the person that came as broker brought his son there one night, and in the morning he brought the prisoner, and took his son away-in the evening we were at tea together—I went out to fetch some butter, and left the prisoner in the room-in the course of the afternoon I was in my shop, and found a shoulder of mutton in a place where we keep saw-dust—I hung it up, and while I went
to get the butter the broker's son came after me—I had left the prisoner in the room—I went back, and the prisoner was in the shop—he went away—the broker's son and I went in to have tea—I missed the mutton after the prisoner was gone—he went out, and would not stop to have any more tea—the mutton was found on his person, and the hook it had hung upon.
RICHARD LAMB . I was standing talking to a person—the prisoner came out of the prosecutor's shop, took the mutton from under a block, and put it under his coat, with the hook—the policeman brought him back, and took it from under his coat.
JOHN DUFFY , (police-constable K 70.) I found the shoulder of mutton on the prisoner, partly concealed under his coat, hooked with this hook inside his coat—he told me he had purchased it, and afterwards said he had it given to him—the prosecutor said it was his.
Prisoner's Defence. I went in about ten o'clock—the prosecutor was so tipsy he did not speak till nearly one o'clock—I endeavoured to rouse him, and the first that was said was about this mutton—I told him I had not had meat for some time, and I should like to have it for dinner on Sunday—he said I should have it; and when the broker's son came in the evening, I was going home, and took the mutton—these boys followed me to near the turnpike, and there gave charge of me—the prosecutor denied having given me the meat, but he was in such a state of stupor, that he could not tell what he did, and he was so before the magistrate—he was forced to have a prompter to tell him what to say.
JOHN DUFFY re-examined. When I brought the prisoner back with the meat, the prosecutor was very much confused and agitated—I asked him if he had lost any mutton, and he said he had, a shoulder of mutton—I found some suet in the prisoner's pocket at the station.
GUILTY . Aged 76.— Confined Three Months.
118. EDWARD MARCH was indicted for stealing, on the 15th of November, 1lb. weight of pork, value 8d.; 1 pint of beer, value 2d.; 1 handkerchief, value 6d.; and 1/2 lb. weight of bread, value 2d.; the goods of Jasper Guiver.
JAMES GUIVER . I was going to school to Enfield-town. My brother had a basket with the pork-chops, the bread, and beer. I met the prisoner and another—the prisoner asked what I had got—I told him some pears in a bundle for my sister—he asked me for a pear—I said they were not mine to give—he said he would have one—I ran on to the end of a field, and then I saw the prisoner take the things stated from my brother's basket—I am sure he is the same person—he was close to us.
JOHN MEAD . I am a constable. The child's uncle came and gave me information—I went to the end of the lane—the prisoner went on to the river, and dropped this handkerchief into it—he then came up, and I took him—this is the handkerchief which the prosecutor's wife claimed.
GUILTY .* Aged 20.— Confined Three Months.
119. DAVID MEDHURST and JOHN MURRELL were indicted for stealing, on the 15th of November, 3 handkerchiefs, value 16s., the goods of George Arnold, and that Medhurst had been before convicted of felony.
HANNAH ARNOLD . I am the wife of George Arnold, and keep a glove shop. On the 15th of November, the prisoners came to my shop, between six and seven o'clock in the evening-Murrell asked for some braces, and my husband showed them some—I was in the parlour—my husband rang for me—I looked through the parlour window, and saw Medhurst take off his hat, take three handkerchiefs out of the window, put them in his hat, and put his hat on again-Murrell was at the other counter, four or five yards off—I came round by the passage, went into the shop, and took Medhurst's hat off—I took the handkerchiefs out, and got a policeman—they were both given in charge.
Medhurst. I had them in my hand, and was going to ask the price of them. Witness. No, you took your hat off, put them in, and put your own handkerchief on them.
JAMES SOUNDY (City police-constable No. 53.) I produce the certificate of Medhurst's former conviction, which I got at Mr. Clark's office—(read)—Medhurst is the man who was convicted—he had four months' imprisonment.
MEDHURST.* GUILTY .—Aged 16.— Transported for Seven Years.
MURRELL. NOT GUILTY .
JOHN LUCKER . I am in the employ of John Coutts, a baker. I was out with his bread on the 14th of November, in Kensington-square, between two and three o'clock—I left my basket there about five minutes—when I came back I missed two half-quartern loaves—I received information, and pursued the prisoner—I saw him about one hundred yards from the basket—I came up with him, and found the loaves on him—they were my master's—I did not know him before.
GUILTY . Aged 13.— Transported for Seven Years.—To be sent to Juvenile Prison at the Isle of Wight.
JOHN EATES . I serve in the shop of John Hardcastle and his partner, cheesemongers, Aylesbury-street, Clerkenwell. This cheese was partly in the window and partly out—I missed it—I ran out to Seckford-street, and saw the prisoner with it under his left arm—I made my way up to him, and he threw it down—it hit me on the thigh, and he ran off—I called "Stop thief," and he was taken—I know he is the person.
Cross-examined by MR. DOANE. Q. What time was this? A. Between eight and nine o'clock in the evening of the 21st of November—I lost sight of the person that had the cheese, before the prisoner was taken—I had never seen him before—he is the man that had the cheese,
I am quite sure—he was not taken in my presence—I picked up the cheese and called out "Stop thief," and then he ran away, and after that he was shown to me in custody.
(Property produced and sworn to.)
(The prisoner received a good character.)
GUILTY . Aged 24.— Confined One Month.
JOHN MACDONALD . I hawk combs about the country. On the 24th of November, about ten o'clock at night, I went into a public-house at Brentford—I had seven dozen combs rolled in one parcel in my coat pocket—I found the prisoner there when I went in, and there were other persons drinking—I did not drink with them there—I went with the prisoner to a second public-house—I had my combs secure then—we were drinking a pot of beer together—I was not to say sober, nor yet drunk—I knew what I was about—I was standing against the fire, and felt something against my pocket—I turned and saw the prisoner give a parcel to another man—the prisoner had spoken to him before, and given him beer—I turned and said "You have taken my combs"—I asked him to give them me, and he threatened to give me a knock of the head—I asked the other man to give them to me—he answered me the same way—I went out and told the policeman, and the prisoner was taken as he was coming out of the house—I do not know what became of the other man—about seven minutes elapsed between my going out, and returning with the officer.
JOHN HANSLOW (police-constable T 172.) The prosecutor came to the station-house—he had been drinking, but knew what he was about—he related this story, and I took the prisoner—he said some man had received the combs, and that man I have not found.
Prisoner's Defence. I am quite innocent—I know nothing about the combs.
GUILTY .* Aged 25.— Transported for Ten Years.
123. WILLIAM TARRANT was indicted for stealing, on the 20th of November, 1 gown, value 5s.; 1 clasp, value 1d.; 1 ear-ring, value 1d.; 1 ornament, value 1d.; and 1 penknife, value 6d.; the goods of Jane Frances Jones: 1/2 lb. weight of pork, value 4d., and 1 loaf of bread, value 4d., the goods of William Currier: 1 penknife, value 1s. 6d.; 1 pencil-case, value 3d.; 1 shawl, value 1s.; and 1 sixpence; the goods and monies of Eleanor Selina Baker.
ELEANOR SELINA BAKER . I am single, and I keep a house at Ealing for Mr. Currier. The prisoner came to me on the 20th of November—I had known him before—I had seen him about—he said one of us was to go up directly, as Mr. Daniels wished to speak to us—Mr. Daniels lived in the village—I left two children at home—the eldest was eight years old—I was absent about a quarter of an hour—I found I was not wanted—I came back, and the house had been robbed of all these things stated—I
gave information, and the same day I saw some of my property again, but a good deal of property I have quite lost—this is my box—it was locked, and I found it broken open-a necklace, clasp, and ear-ring were in it, and a sixpence, and other little things.
ISAAC BALLARD (police-constable F 58.) On the 20th of November, information was given of this, and about twelve o'clock I took the prisoner at Great Ealing—I found this box on him with the necklace, clasp, and small ear-ring—this is the prosecutor's property.
GUILTY . Aged 20.— Transported for Seven Years.
124. THOMAS SMITH was indicted for stealing, on the 13th of November, 2 pair of compasses, value 2s.; 1 scale, value 6d.; 2 bowpens, value 2s.; 1 half-circle, value 6d.; I pencil-holder, value 3d.; 1 marker, value 9d.; and 1 instrument case, value 6d.; the goods of James Stanton.
HENRY KELLY . I live with James Stanton—he keeps a sale shop in St. John-street, Clerkenwell. The prisoner came in on the 13th of November, about twelve o'clock, and desired me to get out of the window two cases of instruments, which I did—he looked at them, put them down, and walked out—he came back in ten minutes, and looked at them again—he then took up a picture on the counter, held it up before my eyes, and then he put the instruments into his bag—I did not see him do that, but I kept my eye upon him—he then walked out of the shop—I walked out and stopped him, about three yards from the hosse—I asked him for the instruments—he dropped them and ran away, and I after him—he was stopped before I lost sight of him.
(The prisoner received a good character.)
GUILTY . Aged 31.— Confined Six Months.
125. THOMAS NEAGLE was indicted for stealing, on the 23rd of October, 1 coat, value 3l. 15s.; 2 waistcoats, value 1l.; 1 stock, value 5s.; 1 pair of braces, value 2s.; 1 dressing-case, value 2s.; 4 brushes, value 2s.; 2 razors, value 1s. 6d.; 1 strop, value 6d.; 4 shirts, value 10s.; 1 hone, value 2s.; and 1 portmanteau, value 10s.; the goods of Francis Peter Gruzelier: 2nd COUNT, stating them to be the goods of Benjamin Worthy Home, and another.
FRANCIS PETER GRUZELIER . I am master of the Launceston work-house, in Cornwall. The articles stated were my property—they were packed in a portmanteau—I was going by the Stroudwater coach to Abingdon, in Berks—I got into the coach at seven o'clock in the morning, in Holborn—my luggage was put into the hind boot, and I saw the door locked—when I arrived at Abingdon my portmanteau was gone—I saw my property again about a week afterwards at Brentford—this is my coat
that was packed in my portmanteau—this is my shirt—(looking at the property)—I have also recovered a pair of braces, and two or three papers of no use—my name is on these papers, in my own writing, and this address card of mine was in it.
JAMES SMITH . I am porter to the coach which goes from the Old Bell, Holborn—I put the portmanteau into the hind boot, I am quite sure, and locked it directly—it could not come out without the door was open—I do not know the prisoner.
Prisoner. How far did you go with it? Witness. Only to the White Hone, Piccadilly—there was more luggage put in then.
JAMES MAYNARD (police-constable T 96.) I was on duty at Old Brentford on the 23rd of October, the day that the coach was robbed, and saw the prisoner going into the Hand and Flowers public-house—he called for a quartern of rum—he had no shoes on, and scarcely any stockings, but I heard some money rattle, and was surprised—he then went past me, and went to a baker's shop—I said, "What have you got here?"—he said, "A coat which I bought at Bath, for 15s., of a Jew"—in going along, he said, "You will be surprised at the station to see the coat," and I found this shirt on him—he said he bought it of a Jew—I found these braces, which he said he bought of a man at Slough—I asked where he got this diploma, which I also found on him—he said he bought it for 2d. at Slough—I then went to the address of Captain Skittle, whose card I found on him, and asked him if he had lost any thing—he said no—I showed him the shirt—he saw the initials, and said he had no doubt it was the property of the gentleman he took the house of, and gave the prosecutor's name and address—I found on the prisoner" this instrument, with which no doubt he opened the boot.
Prisoners Defence. I bought the coat for 15s., 39 miles from London, on the same day I came to Slough and bought a pair of braces and the picture there.
GUILTY . Aged 18.— Transported for Seven Years.
MARGARET WADE . My husband, Charles Wade, keeps an eating-house in Marylebone. On the 13th of November the prisoner came and bought some potatoes, and when she was gone I missed a knife and fork—she was brought back with them in her basket.
Prisoner. I had a knife and fork in my basket when I went into the shop.
GUILTY . Aged 58.—Recommended to mercy.— Confined Seven Days.
the prisoner was passing by, and caught up these breeches, which were lying inside, and walked down Orange-court—I followed, and took her about three yards from the shop—these are my master's breeches.
(The prisoner pleaded poverty.)
GUILTY . Aged 34.—Recommended to mercy.— Confined Seven Days.
DENNIS CURTIS . I live with Mr. Barnet Manning Collins and his partner. On the 1st of November a gentleman came to the shop and priced some things—he asked to look at a coat—I went to show him one, and it was gone—I went down Wild-street, and saw the prisoner with the coat on—I followed him, and saw the ticket on it—I seized him-here is the shop mark on it—I am thirteen years old.
Prisoner. I was in a public-house in Drury-lane on the night in question, having a pint of porter-a man came in, with the coat on his arm, and offered it for sale for 15s.—I offered him 12s., which I gave him, and went out, and at the corner of Queen-street this lad came and caught hold of it—he said it was his master's, and that I had stolen it from his shop—I asked him where his master resided—he told me in Drury-lane—I went there, and the master said it was his—I polled it off, and gave it him-l told him, if he would go to the public-house, I would point out the person that I bought it of.
GUILTY . Aged 23.— Transported for Seven Years.
JAMES WOLF (police-constable K 187.) About seven o'clock in the evening, on the 26th of October, I saw the prisoner near Mr. Tietjen's premises, carrying a bag—I looked at him, and he at me—I followed him down to Jubilee-place—he then dropped the bag, and ran—I pursued, and took him, and the bag contained this pump—the next morning the prosecutor identified it.
GUILTY . Aged.— Confined Six Months.
o'clock, on the 20th of November, I found her coming down stairs with a bundle—I asked her what she wanted there—she said, a woman that lodged there—I said, "There is no woman lodging here, what have you got there?"—she said, "It is my own things"—I said, "No, they are mine"—she rolled them up, put them on the stairs, and sat down on them—it was a blanket and two sheets which are mine.
Prisoner. I do not know any thing about them.
GUILTY .* Aged 63.— Transported for Seven Years.
THOMAS HALL . I live in Finsbury-market. At four o'clock, in the afternoon of the 10th of November, my coat was in the back parlour—the door was open—I missed it—I saw the prisoner in custody with it—this is it—(looking at it.)
Prisoner. I was playing outside-a gentleman came and said he would give me 2d. to go and get the coat off the bulustrades in the passage, or in the back parlour—I went and got it.
GUILTY .* Aged 16.— Transported for Seven Years-to the Juvenile prison.
RICHARD ROADKNIGHT (police constable T 120.) I was in Oxford-terrace a few minutes before five o'clock, on the 12th of November—the prisoner was carrying this bundle, in company with two more young thieves—I asked him what he had got—he said, "Two pairs of trowsers"—I took him, and found the owner.
JOHN BLENMAN , I am in the service of Mr. Thomas Marchant, a pawn-broker and salesman, in Edgeware-road. I saw these trowsers safe inside the door at twenty minutes before five o'clock—they are my master's trowsers, and have the shop-mark on them—I know the prisoner about that place.
GUILTY .* Aged 14.— Transported for Seven Years-to the Juvenile prison.
OLD COURT.—Saturday, December 1 st, 1838.
Fourth Jury, before Mr. Sergeant Arabin.
133. THOMAS GRIFFIN and ALEXANDER SIMPSON were indicted for stealing, on the 10th of November, 2 coats, value 4l. 10s.; and 1 pair of trowsers, value 10s., the goods of James Standerwick; and I shawl, value 10s., the goods of Mary Lloyed, in the dwelling-house of James Standerwick.
MARTHA STANDERWICK . I am the wife of James Standerwick, and live at Tollington-park, Hornsey-road, in the parish of St. Mary, Islington. The house stands by itself in a small garden—on the 10th of November, between ten and eleven o'clock in the morning, while I was in my bed-room, I heard the fowls making a noise, and on looking out of the window, I saw a lad leaving the gate, with something under his arm—I ran down stairs in search of my servant, whom I found at the street-door talking to a woman—I sent the girl in one direction, while I followed the prisoners—I met a butcher on horseback, and told him—he returned in about half an hour, with the two prisoners and a bundle, containing my servant's shawl-to the best of my recollection Griffin was the lad I saw go away from the gate—I only saw one person.
Cross-examined by MR. KEENE. Q. Did you see his face at all? A. Yes—he evidently was watching me at the bed-room window, which is on the second floor.
WILLIAM NEALE . I am a butcher—I was riding, and met the prosecutrix—I went after the party, and between three and four hundred yards from the prosecutor's house, I came up with the prisoners and another—the prosecutrix pointed them out—they all ran away when the prosecutrix spoke to me—I beckoned to a witness to stop them as they ran across a field—Simpson was carrying the shawl—he threw it down-Griffin had the coat on his back, which he pulled off, and threw down with a Mackintosh—the third got away.
WILLIAM CULLUM . I saw the prisoners start off from the butcher, and in a very short time they threw the clothes down on the ground-Griffin had a Mackintosh about his person—he pulled that off and ran away—I followed them till they were taken.
MRS. STANDERWICK re-examined. I believe this to be my servant's shawl—it was in the back-kitchen—this coat, and trowsers, and Mackintosh are my husband's—I believe them to be worth 5l. 10s.—my husband paid 3l. 10s. for the Mackintosh—I do not know what it would sell for.
GRIFFIN— GUILTY . Aged 17.
SIMPSON— GUILTY . Aged 18.
Transported for the Ten Years.
WARD STAN WELL . I am a policeman. On the 12th of November, about twelve o'clock in the morning, I met the prisoner in Highbury-park, carrying this saddle—I asked where he got it—he said he brought it from his master's, on Winchmore-hill—I took him into custody.
JOHN SAUNDERSON . I am groom to William Woodley, of Green-lanes, Stoke Newington. On the morning of the 12th of November, the prisoner came to the yard with the corn-chandler, to assist him out with the mangle-wurzell—I
never saw him before—the saddle hung close by the stable—I did not miss it till next morning, when the policeman brought it—the prisoner did not belong to the corn-chandler.
Prisoner's Defence. On the Monday morning, I was standing at the corner of Stoke Newington, when the corn-chandler asked me to help him unload—I did so, and when I got to the bottom of the street, the saddle hung on the rails—I waited about a quarter of an hour, and having had nothing to eat I took it.
(William Hardy and John Morgan, of Stoke Newington, gave the prisoner a good character.)
GUILTY . Aged 23.— Transported for Seven Years.
Before Mr. Baron Alderson.
135. THOMAS THEOPHILUS BIGGS was indicted for stealing, on the 31st of July, a certain order for the payment of 80l., the property of Charles Louis Stanislaus Heurteloup, Esq., commonly called Baron Heurteloup , his master.—there were other COUNTS, varying the manner of laying the charge.
MESSRS. ADOLPHUS and PHILLIPS conducted the Prosecution.
BARON CHARLES LOUIS STANISLAUS HEURTELOUP —(through an interpreter.)I occupied the house, No. 4, Queen Anne-street; Admiral Donelly was my landlord. I paid 320l. a year rent—the prisoner was in my employment—when I came from France, he was my interpreter, and when I became acquainted with the profession, he became my assistant, and then my secretaire, as I cannot write. English—on the 30th of July, this year, he said to me that Admiral Donelly had told him I was again about going abroad, and that he would be much obliged to me if I would settle the quarter's rent about to be due—I replied, it was very strange that when I had just paid the quarter due during my absence, the Admiral should make such a request, and said, "I was desirous to prove to the Admiral that I feel the want of delicacy in his demand," and on that account, the very morning the quarter should be due, he should be paid—I said, "Write a cheque for him, and I will sign it"—the cheque being written, the prisoner presented it to me to be signed, and I saw on the margin that that cheque was intended for the rent up to the 1st of August, 1838-here is on the margin, "30th July, rent to 1st of August, 80l. "—this is the cheque—(looking at it)—I requested the prisoner to send it—he took it up, and folded it up in an envelope, and that was all I saw of it—I did not desire him to ask the Admiral's indulgence as to the rent—I asked him, shortly after giving him the cheque, whether he had remitted it, and he said he had given it.
Cross-examined by MR. CLARKSON. Q. How long have you and the prisoner been connected in affairs? A. Since 1830—I did not know him having any profession—he was introduced to me by Mr. Powell, a surgeon—I was living at No. 4 or 5, Parliament-street, at that time—he came as interpreter—Mr. Powell on introducing him said, "You have asked me for an interpreter, here is one"—he always remained with me as interpreter—(looking at a letter dated November 3rd, 1835, commencing, "My dear Master ")—this letter is in the prisoner's hand-writing.
Q. In the year 1835, and since, was the prisoner in the habit of performing operations in surgery for you, on your patients? A. Not any other
than to introduce sounds or probes—that is a very small operation—it is not the custom in France to address an older, or superior surgeon, by the title of "master," but it is done—I have done it myself, not often—I have not counted how many times.
Q. How did you provide for the prisoner while he was in your house? A. When he was first in my service he merely had his maintenance—after being with me a short time I told him, "I will not give you any employment pay, but I will give you some compensation"—he did not manage my house-establishment, except as an intermediary, an agent, or interpreter, as I could not speak English—he paid bills for me after having permission from me—he did not act entirely for me while I was abroad—I left money with him, with express directions how to act, but I cannot give you the precise explanation thereupon through an interpreter—I left him some for the wants of the house, and that was also specified—so much to the butcher and baker, and other tradesmen—I never trusted to the prisoner's discretion as to expenses—I had confidence in him, and I permitted him to receive money for me from my patients, but he invariably gave me an account of what he received.
Q. Do you mean to swear, when you went abroad, yon left sufficient money with the prisoner, and with sufficient directions for its appropriation? A. Yes; I swear it—that is, money that I left, or money that he might receive during my absence—I have remained abroad a longer time than I have said I should, when I left—when I left I did not always determine very exactly the time I intended to remain abroad—the prisoner had enough money for the expenses of the establishment in my absence, and he might draw on me—he often had more money than was necessary—I have never left him without money or the means of getting it—I do not remember it—I never left him without money—I departed last to go abroad on the 31st of March—the prisoner then had in his possession 150l. from Mr. White—he had it previous to my departure—(referring to his papers)—on the 16th of February I had given the prisoner a cheque of 85l. 7s. 4d. he had 25l. on the 19th of March, and I know he received some during my absence—I gave him 25l. 17s. 2d. for the butcher; 14l. 11s. 2d. for the fishmonger; butter, eggs, &c. 11l. 9s.; expenses during absence, 25l., with requests to pay the servants, and finally to Mr. Biggs on his own account, 10l.—when I went abroad, in March, 1837, the prisoner told me he had paid every thing, and I had 800l. at my banker's then.
Q. Was the prisoner in the habit of pledging things for you at the pawnbroker's? A. No—I have property now in pledge amounting to 100l. and more—I have never employed the prisoner to pawn for me—I have not paid interest myself on things he has pawned—I cannot say what account I left at my banker's in March, 1837—it is an account to be inquired into—I had overdrawn my account, but it was by a cheat of the prisoner's—I had lent 650l. to Mr. White, with a condition that, when I should want it, he would return it—I had then requested Mr. White to send 400l. to my banker's—the prisoner had written to me that Mr. Gooch, one of my patients, had sent me 50l.—I thought I had consequently at my banker's 450l. more, for he had told me that 450l. was at the banker's, also the 50l.-upon the faith of that, I gave the cheque, and overdrew the account, without being aware of it—I became apprised that I had no money at my banker's, but they honoured my cheque, although I overdrew them—I have asked Mr. White for money for other transactions—I had nearly
1000l. from Mr. White, on a special agreement that the money was to become my own-in 1835, 1836, and 1837, I was not rich, but I had enough. Q. Have not you told the prisoner repeatedly to raise money for you how be could, but money, money, yon must have? A. I do not remember that at all—I can swear I have not—I never induced or requested the prisoner to obtain money for me by any means—I may have said I did not know how to procure funds, but I never told the prisoner to obtain it by any means whatever.
Q. Is it true that in 1837 you did not know how to obtain money? A. It appears I knew how to obtain it, since I did obtain it—I did not say I did not know how to procure funds, but that I wanted to procure them—I had always the intention to undertake some speculation—I have never been at a loss-a man who, like me, has a house, a carriage, and a horse, is never at a loss, as I can always reduce my expenses.
Q. Have you not repeatedly told Mr. Biggs you must pawn or sell your horse or carriage? A. Yes, but Mr. Biggs deceived me—he had in his hands 500l. belonging to me, which he was spending-in 1836 he procured 200l. from one Branfield, as a loan—I cannot say whether I received 100l. of that, and the prisoner the other while I was abroad, because I sent Mr. Biggs to Mr. Branfield to send the 200l.—I cannot remember whether Biggs received 100l. of it for his general purposes—I never authorised the prisoner to borrow some hundreds of Mr. Borden, of Gros-venor-place—he did not decline, and refer me to the Lithontriptic Society—I will swear it never happened—I know Mr. Borden, of the Bank—I never applied to Mr. Borden to lend me money, nor desired the prisoner to do so.
Q. Did you know that the Lithontriptic Society voted you a gratuity of 100l. a-year, on the consideration of your distressed circumstances? A. Had it been given on those terms, I would not have accepted it—I do not know in what year I received the first payment—I was not in distressed circumstances at the time I became acquainted with Mr. Borden—I am never in want of funds, as they come to me in an unexpected manner, and at all times—it depends entirely on my profession, which is fluctuating—I did not authorise die prisoner to borrow money of Mr. Gillet—I sent him to fetch money from my friends—Mr. Gillet told me, when I first came to England, whenever I wanted money to apply, and I should have it—since I have been in England I have borrowed money of him, and paid him, and I now owe him 300l.—I very likely borrowed 150l. of him, but I cannot say—I have no recollection of applying that 150l., by means of the prisoner, to pay an acceptance that was overdue—I will swear I do sot remember it—it is very likely I may have accepted a bill of £80 for a Mr. Taylor—I remember that bill was paid, but by what means I do not know—I was in the hands of the prisoner, for, in general, I did not read English—this is my writing—(looking at a letter)—I do not know how this piece came cut out of it—the last time I saw the piece in it was when I wrote it—I have never seen it since—my solicitor has had the charge of the letter for the last two months.
Q. Have you ever authorised the prisoner to borrow money of Mr. Lambell for you? A. I requested him to write to my friend Lambell, to whom I had lent money, to send me 100l. in consequence of the prisoner having kept the money obtained from Mr. White—I never authorised him to borrow money of Mr. Lambell—I told him to write for money—Mr. Lambell had owed me money before, but not then, but then Biggs was merely an
intermediate agent—I do not know that the prisoner has borrowed money of his own father for my purposes—I do not know that he has done so to the amount of 200l.—I swear that—I swear I have not thanked the prisoner's father for the loan, and said I hoped I should shortly be able to return the money he had lent the prisoner—I did not say I should soon be in a situation to repay it, nor words to that effect—I have never had any conversation with the father about money lent to the prisoner—I have three gold guard-chains, two of them are in pawn by Mr. Biggs, without my consent, and one by my consent, at Mr. Biggs's instigation—I have also a gold snuff-box, which was pawned at his instigation—they are in pawn now—I know nothing of 40l. interest being paid on those two articles—I cannot tell what are the weekly expenses of my house in town—I remember returning from Brussels in July last—I had been abroad from the 30th of March—while abroad I sent 45l. to the prisoner, also 20l. and 25l., and I had left him money—I apprehended the prisoner on the charge of taking 150l. intended for Mr. White—I have given that up as a charge, but the fact is nevertheless true—these letters are all my writing—(looking at some)—I first found out the criminality of the prisoner on the 3rd of October last—I had in him unbounded confidence—he was taken into custody on the 7th of October—I do not remember when the prisoner and I last breakfasted together.
Q. On the very morning on which he last breakfasted with you, did not you tell him to go among his friends and see if he could raise 40l.? A. No. I received 30l. from the prisoner on the morning of the 5th—I do not remember whether he breakfasted with me the same morning he was apprehended.
MR. ADOLPHUS. Q. You say you had confidence in him up to the 3rd of October? A. Yes—I then withdrew my confidence from him-as he told me a falsehood—(looking at a book)—I know this book—I saw it at the time these figures were cast up, and that balance made—I gave it to the prisoner to continue that account—this is the prisoner's hand-writing—it goes through four years—the signature, "T. T. Biggs," to this paper appears the prisoner's hand-writing—this parchment (looking at it) is what passed between Mr. White and myself, and I know the time it bears date—it was in consequence of that, Mr. White was to advance money to me—it was in consequence of an enterprise I had entered into with Mr. White.
RICHARD MESTEYER . I am clerk to Messrs. Drummond's, bankers. I paid this cheque—I do not remember who to—I paid it on the 1st of Aulance gust last-previous to the payment of the draft, the prosecutor had a balance of 230l. 4s. in our bank.
Cross-examined. Q. What is the'present state of his account? A. It is over-paid to the extent of 151l. 18s. 5d.—that has remained so since September last-200l. has been the highest balance in favour of the prosecutor since the cheque was paid-no money has been paid in since—I have an abstract of his account for the current year—I cannot tell from recollection, the state of the account in 1835, 36, and 37-if he had not been in credit with us we should not have over-paid his account—I cannot say what his account was—I have only been told to bring the account of this payment.
MR. PHILLIPS. Q. Have you ever refused any cheque presented on the prosecutor's account? A. Not that I am aware of.
am proprietor of the house that Baron Heurteloup lived in in 1837—I did not at the end of July direct Mr. Biggs to press him for payment of the quarter that was coming due—I do not recollect whether I received the previous quarter about a month before—the rent was not very regularly paid—this cheque never came into my hands, nor was it ever handed to me in any way—when I received cheques from the prosecutor, I generally, or always, sent them to my banker's to be placed to my account—the Baron does not live in my house now—I saw Mr. Biggs about the latter end of September—he stopped me in Oxford-street, gave the Baron's compliments to me, and thanked me for not asking for the money, but as another quarter would be due in about a month, he would call in three or four days and pay the two quarters—he has never done so.
Cross-examined by MR. BODKIN. Q. Are you a member of the Lithontriptic Society? A. Yes—I used to see the prisoner there—he was the secretary—I remember seeing the prisoner at the meeting of the committee about the time the rent was due-no conversation took place between me and the prisoner on the subject at the committee-room—nor about the Baron being about to quit England—I am positive of that—I do not know whether I was acquainted with the Baron's intention shortly to quit England—I believe there was a rumour of his going to Russia to see the Emperor—I know I did hear he was about to go—I believe he was abroad when the preceding quarter's rent became due—I did not say I hoped he would not be abroad when the next quarter's rent became due—the fact is I did not like to talk to Mr. Biggs—I am sure I did not use any observation of that kind—I am quite positive, as far as my recollection goes.
MR. ADOLPHUS. Q. Have you any belief that you ever said so, or ever sent any such message? A. No, I did not say so, nor ever send such a message-if I had, he would not have thanked me for not having asked for it, as he did in the street—I had no trouble in getting the rent—I never asked for it—when it came I gave a receipt for it—it was always paid within the quarter.
THOMAS FRANKLIN . I am an officer. I apprehended the prisoner on Sunday morning, the 8th of October, between ten and eleven o'clock, in Foley-street, at a baker's shop—he went by the name of Biggs there, I believe—I took him by that name—I had heard the name of Tomlinson mentioned, but not in his presence—he was living there with a female—she was in bed when I took him into custody.
SARAH THOMAS . I was employed to take care of the prisoner's lady, Mrs. Biggs. I was at the house when he was taken by Franklin, the officer—the prisoner went by the name of Mr. Biggs in the house—I always inquired for Mr. Biggs.
Cross-examined by MR. BODKIN. Q. Were you ever at the Baron's house? A. Yes—that is no great distance from the prisoner's lodging—he lived there three or four years—he always told me to inquire for Mr. Biggs—I have seen him at the Baron's house—I have pledged Mrs. Biggs's clothes, and his, and taken the money to Queen Anne-street—I cannot tell whether the Baron was at home then—I have seen workmen in the passage there waiting to be paid—I have known that several times—I would not swear how many times.
MR. ADOLPHUS. Q. Do you know what business the workmen had
there at all? A. No—I did not see any money paid them—I know the prisoner sent his things to be pawned on a Saturday night.
MR. CLARKSON to BARON HEURTELOUP. Q. Did you have workmen in your house engaged in manufacturing guns when you went abroad? A. Yes, they were to be paid wages.
MR. ADOLPHUS. Q. Did you leave money to pay those persons? A. Yes.
(An account was here read, in the prisoner's hand-writing, of various sums received from Mr. White on loan, making a total of 985l. The book referred to contained various entries of money received, but without dates.)
(MR. CLARKSON addressed the Jury on the prisoner's behalf, and sundry letters were read, written by the prosecutor to the prisoner while on the Continent, in which he pressed him to remit money, which he was much in want of there-in two of the letters he urged him to sell the horse if necessary; and in one dated Petersburg, 27th July, 1837, he remitted the prisoner 80l., and stated he was no longer in want of money—these letters were written in familiar terms, and commenced,"My dear Biggs. ") (Witnesses for the Defence.)
JAMES BIGGS . I am the prisoner's father, and live at Portland, near Bath. During the prosecutor's absence from England I have advanced various sums to the prisoner—I drew a bill of 25l. on my son, and it was accepted by my son—I have not got the bill here—I have not bad any conversation with the Baron on the subject of that bill—I had no application made to me to pay a sum of 25l., about the 1st of August last—I was at home at Portland then-no communication was made to me on the subject—I came to town after my son's arrest, when I was sent for—that was about the 7th or 8th of October, I believe—I was not up before that about
JOHN WARDLE . I am a rout furnisher, I am in the habit of lending plate. The Baron Heurteloup was indebted to me 15l. 2s. 6d. for the hire of plate—it was paid on the 2nd of August—I did not receive it—it was brought by my collector, who is not here—I made no personal application at the Baron's house for payment—the money was due the Christmas previous.
EDWARD LOCK . I am a gunmaker. I have been employed by the Baron at his house for three years, down to the present time—Mr. Biggs always paid me my wages on Saturday—when the Baron has been out of the country there has been rather a difficulty in paying the workmen—that was often the case in the Baron's absence, as frequent as regular—the payments have been irregular—I never knew of any pawning on the Saturday, to raise money to pay the work-people.
MR. ADOLPHUS. Q. You continue to work there at the present time? A. Yes—the Baron is not a bad employer—my wages are 30s. a week—another person is employed under me, at 20s. a week—I have been two weeks in arrear at once—the greatest number of weeks I have been in arrear were three—the prisoner was secretary to the Baron—I always understood him to be so, from himself—he appeared in that capacity.
Q. Do you know the contents of the paper, which is cut out of the letter, dated 24th of April, 1837? A. Part of it—it was about some alteration respecting some work I had previously done—it was read to me by
Mr. Biggs—I cannot tell who cut it out—he read it to me soon after it was cut out.
STEPHEN HETHERIDGE . I am groom to the Baron, and have been so six years next June. I was in the habit of being paid my wages by Mr. Biggs—During the Baron's absence I was always paid regularly, till the last quarter—I am a quarterly servant.
MR. PHILLIPS. Q. Are you in the Baron's service still? A. Yes—my board wages are paid on Saturday—I received them regularly. (The prisoner received an excellent character.)
NOT GUILTY .
First Jury, before Mr. Recorder.
136. JAMES THOMAS BURGESS was indicted for embezzling, on the 19th of November, the sums of 5s., 5s. 3d., and 4s. 7d., which he had received on account of Thomas Holtham, his master; to which he pleaded
GUILTY .— Confined Three Months.
MR. DOANE conducted the Prosecution.
WILLIAM HALE . I am a bootmaker, and live in York-street, Church-street, Shoreditch. On Monday, the 27th of April, 1829, I apprehended the prisoner—I was at that time headborough—I am sure she is the person—I took her into custody for robbing Mr. Todd, on the Pavement, Moorfields, and another person—I was present at the trial, and produce a record of her conviction and judgment, from Mr. Clark's office—I saw it signed by Mr. Clark, the clerk of this Court.
(The certificate was read, from which it appeared the prisoner had been convicted on two indictments, and sentenced to seven years' transportation on each.)
WILLIAM HALE continued. I was present at both trials, and know her to be the person mentioned in the certificate—she appeared about fifteen or sixteen years old at that time—she is darker now than she was then, but I can speak positively to her, to a mark in her eye, by the side of her nose, and I have known all the family well some years.
Cross-examined by MR. BODKIN. Q. Did you know her before you took her up? A. Yes, I suppose for twelve months—she lived at Hoxton with her grandmother, about a quarter of a mile from me—I noticed the mark in her eye in 1829, and have carried it in my memory ever since-nobody sent me to take her up on this charge—I was sent for to identify her—I heard that Attfield had taken her into custody—I do not know who caused him to take her—I had not seen him before on the subject—I do not know the party that told me Attfield had taken her—I do not know a man named Sparks—I never saw him—I do not know such a name—I believe the name of the person who came and told me she was taken was Hunt—I do not know where he lives—he came to me at my own residence—I have seen him several times since—he is not here to my knowledge—I have met him in the street as lately as two days ago, I suppose—I
did not see him yesterday or Saturday—I might have done so the day before—I saw him in Long-lane, in the street—I do not know his line of life—he came and desired me to go to Worship-treet—that was all the communication I had on the subject—he did not represent who he was or why he took any interest in it, nor who sent him—he asked if I knew such a person—I said I knew such a person, having her in custody, but I would not say she was the person until I saw her—I do not know a person going by the name of Jackson—I do not know the prisoner's husband—I never saw him to my knowledge, nor had any communication with him—I do not know that Hunt is not the prisoner's husband—I never saw Hunt write—I never met him in any public-house-nowhere but in the street and at my house, when he came to ask me if I remembered taking such a person—I never met him by appointment—I saw him at Worship-street when I went there—he was not in company with the officer—he stood by the side of the Magistrate—I am not the prosecutor of this indictment—the Government do not prosecute.
WILLIAM ATTFIELD . I am an officer of Worship-street. In consequence of information I received on the 7th of last month, I apprehended the prisoner in Gloucester-street, Haggerstone in the street—I said, "Is your name Sarah Morris?"—she said, "No"—I said, "I believe it is, and you must go with me"—I told her she was charged on suspicion of having returned from transportation before the expiration of the term she was sent for—she said, "I am not the person"—I took her to a public-house at the corner, where I expected Hale to be—he had come with me, but was a little way off—he was in attendance there by my desire—I had received information from a man of the name of Walton—he also accompanied me and Hale—I took her to the public-house where Hale saw her, looked at her in the face for a minute, and said, "That is the woman, I know her very well," and he pointed out a mark at the corner of her eye—I took her to the station-house in a coach, in going along she cried a great deal, and begged hard for me to let her go, and said she would give me all she possessed in the world if I would let her go about her business.
Cross-examined. Q. Do you know a man named Sparks? A. I do not-Walton does not go by that name, nor by the name of Jackson—he did not go with me and point the woman out.
COURT. Q. How came Walton to have an interest in the matter? A. I do not know whether he is clerk or assistant to Mr. Hunt—I understand Hunt is an attorney, but I have very little knowledge of him—I have seen him once or twice in cases at our office—I do not know the prisoner's husband, unless it was the person I saw once in company with Hunt, at a house close to Worship-street office-if Hunt was the cause of her being apprehended, he must have instructed Walton to direct me where to find her—I believe Hunt lives in Great Leonard-street, Shoreditch, but I cannot say the number.
JURY to WILLIAM HALE. Q. What is the mark in the eye? A. Something of a wart that has been just by the side of the nose—it is a scar—I have not examined it, and cannot say whether it is a hole or a lump—it is a scar—it was dark when I identified her first—I could have identified her by her features.
NOT GUILTY .
138. THOMAS WILLIAMS and HENRY WILLIAMS were indicted for stealing, on the 15th of November, 1 pewter pot, value 1s., the goods of John Pritchard; and 1 pewter pot, value 1s. the goods of Henry Harwood.
JOHN PRITCHARD . I keep the Devonshire Arms, in Duke-street, Portland-place. I missed a pot on the 15th of November, about ten minutes before nine o'clock, from a customer's door, in Portland-place—this is it—(looking at one.)
ANDREW WINES (police-constable D 43.) I saw the prisoners, in company with another, in Harley-street—I took them in Cavendish-street—the prisoner Thomas Williams was carrying a basket—I asked him what was in it—he said, "Some pots"—it was a quarter after nine o'clock in the morning—I found these two pots in it—the other prisoner ran away, but stopped a short distance off, and returned—I took him—the third one ran quite away—I had been watching them for about a quarter of an hour before—they were lurking about different streets, and the one who ran away was looking down the areas—they walked and talked together—Thomas went down Portland-place—I afterwards saw them both together. Henry Williams's Defence. I was not in company with the other prisoner—I know nothing at all of him—I was stopping in Portland-place to see a gentleman's carriage, which was going out of town.
THOMAS WILLIAMS— GUILTY . Aged 21.— Confined Two Months.
HENRY WILLIAMS— GUILTY . Aged 22.— Confined One Month.
NEW COURT.—Saturday, December 1 st, 1838.
Fifth Jury, before Mr. Common Sergeant.
139. JOHN BIGNELL and EDWARD WATKINS were indicted for stealing, on the 27th of October, 1 pewter pot, value 1s., the goods of William Best; and 1 pewter pot, value 1s., the goods of Thomas Hobbs; to which they both pleaded
GUILTY .— Confined Three Months.
GUILTY .— Confined Three Months.
GUILTY .— Confined One Month.
GUILTY .— Confined Three Months.
GUILTY .— Confined Three Months.
GUILTY .— Confined Three Months.
GUILTY . Aged 19.— Confined One Month.
GUILTY .— Transported for Seven Years.
GUILTY .— Confined Three Months.
GUILTY .— Confined Three Months.
149. JAMES FORD was indicted for stealing, on the 29th of October, 3 bottles, value 1s.; 1 quart of wine, value 5s.; and two quarts of cordial, value 10s., the goods of Henry Turnley and others, his masters, in a certain barge upon the navigable river Thames; to which he pleaded
GUILTY . Aged 32.— Confined One Month.
WILLIAM MIDWINTER . I am clerk to Thomas Hagan and another, of Kensington. The prisoner was a stoker in their brewery for about twelve months—I locked a box up in their desk on the 22nd of November, containing two sixpences, nine halfpence, and one farthing, which I had marked—on the 23rd I went to it again, and four halfpence were gone—these are the halfpence I missed—(looking at them)—a piece of the side of the desk had been forced open—we had frequently lost money in the same way.
About eight o'clock in the morning of the 23rd of November, the prisoner these four halfpence for two herrings.
Prisoner. The piece of the desk was off—I saw the halfpence—I wanted 2d. to get my breakfast—I meant to put them back again after breakfast—I nailed the piece of wood on again.
(The prisoner received a good character.)
GUILTY . Aged 56.—Recommended to mercy.— Confined Six Months.
FRANCIS MANNING . I live in Tottenham-court-road; the shop belongs to Clara Collier. On the 21st of November I missed a pair of boots from the door-a female gave me information, and described the man—I ran out, and saw the prisoner—he said, "The man, you want is gone that way"—I did not go away-a lad came up, and said, "That is the man"—I took hold of the prisoner, and told the lad to get a policeman, and in the mean time the boots were brought to me.
WILLIAM PALMER . I was coming out of my house in Tottenham-place—I saw the prisoner run by the door, and heave the boots up into a corner—I picked them up and gave them to a gentleman-another boy said, "This is the man that stole them."
MARGARET LAMB . I went to this shop—the prisoner came while I stood there, and stole one boot—I gave information, and the man pursued him—I only saw the prisoner take one, I suppose it was a second attempt. (The prisoner pleaded poverty.)
GUILTY . Aged 26.— Confined One Month.
THOMAS GREEN . I keep a public-house in Charles-street, Commercial-road—the prisoner was in my service. On the 22nd of November, between twelve and one o'clock, he applied to me for change for a customer—I said I had not change, but after he had taken his beer out he might come again—he left it till nine o'clock in the evening, when my wife gave it to him, and he absconded.
Prisoner. My mother has got three children, and was starving.
GUILTY . Aged 17.— Confined Six Months.
SARAH BAKER . I am the wife of Henry Baker, I keep a fruit-stall. On the 24th of November I left my stall a little while, and then my apples and basket were gone—I went to the station-house, and found the apples and basket and the prisoner there.
Cross-examined by MR. DOANE. Q. How do you know the basket?
A. I bought two bushels of apples of Mr. Sheffield Woodnutt, and he lent me the baskets—the prisoner said she bought them of Sheffield Woodnutt—the baskets would then look like these.
JOHN SHEFFIELD WOODNUTT . I know the prisoner—I am not in the habit of selling her apples—I have sold some to her mother—I sold her none on the 24th of November—I had none of that sort to sell on that day—I sold the last of them I had to Baker on the 22nd.
Cross-examined. Q. But you had a great many before you sold the last? A. I had three bushels of them, and sold two—one of the baskets was returned—the other one the prosecutor had with the fruit in it—I do not know whether the prisoner sells fruit-her mother does—the prisoner told me at the office that she had taken them.
COURT. Q. Was what she told you in conversation alone? A. It was before the Magistrate—I should know the two baskets I lent to Baker again—this is one that I lent her, and the apples were the same that I sold her—I had lent the prisoner's mother one of the same sort that week, and it was returned.
ELIZABETH FREESTONE . I am twelve years old, and live with my cousin, Fanny Parsons, in Pelham-street. On the 24th of November I was told to mind the prosecutrix's stall—the prisoner came about three o'clock, and staid about for some time—I turned my head for a few minutes, and she was gone, with the apples and all.
GUILTY . Aged 22.—Recommended to mercy.— Confined One Month.
JOSEPH DAVIES LEATHART . I live in Bath-place, Bayswater. At eight o'clock at night, on the 22nd of November, I saw the prisoner and two others standing at the prosecutor's window and looking at the books—I saw one of the others take one and look at it—the prisoner then took one and gave it to him—the prisoner then took another, put it into his breast, and ran off—I took him and another, and at that moment this book dropped.
DANIEL COTTELL . I live in Browne's-lane, Spitalfields. I was in this neighbourhood, and saw Leathart stop the prisoner, and this book dropped from under his frock—he began kicking it about—I took it up—there was a duplicate of another book on him.
GUILTY . Aged 19.— Confined Three Months.
JOHN BOSBURY . I live in White Lion-street, Chelsea. A few minutes before eight o'clock at night, on the 27th of November, I saw the three prisoners at my door—they walked up the street—I was going that way,
and directly they got to the corner, they ran—I had suspicions, and ran some distance, then came back, and under the window next to my door, I saw a basket—I got a light and found this basket with the damper and iron, which had been taken out of my cellar—I left it there, and looked for a policeman-in about a quarter of an hour all the three prisoners came down the street together—they loitered about, and Tunny said to Neale, "You fool, no one will see you, go for it"—they all went up the street again-in about ten minutes all three came back again-Neale then went and fetched it half-way across the road—I pounced and caught him—the officer took Tunny -Worrell escaped then, but was taken afterwards.
Worrell's Defence. We were looking into a picture shop, and saw this basket under the window—we went away, and came back, and Neale said he would have it, it might be useful—he went to get it, and the prosecutor took him.
JOHN BOSBURY re-examined. The basket is not mine-Neale's mother has been and claimed it as her basket—they must have lifted up the cellar flap, and one held it up, while the others gone in and got the iron out.
WORRELL†— GUILTY . Aged 17.— Transported for Seven Years.
TUNNY*— GUILTY . Aged 14.
NEALE*— GUILTY . Aged 10.
Transported for Seven Years to the Juvenile Prison.
AMY MILLER . I keep a linen-draper's shop, in Sun-street, Bishopsgate. On the 8th of November I placed a piece of cotton print on a chair outside my shop—I missed it between two and three o'clock—this is it—(looking at it.)
WILLIAM DAY DAVIS (police-constable H 36.) On the 8th of November I was in Middlesex-street, Christ Church—the prisoner passed me with this print under his arm—I asked what he was going to do with it—he said he got it from Hare-street Fields.
Prisoner's Defence. I bought it of a hawker—I was dismissed from Worship-street for a week—I was to come again, and if there was no prosecutor I was to have the property, and knowing that I had bought it, I went to own it, and was taken.
GUILTY . Aged 22.— Confined Three Months.
MR. DOANE conducted the Prosecution.
EDWARD KING . I am a cheesemonger, in the Hackney-road, and in partnership with my brother, but he lives at Hackney. The prisoner was our servant for twelve months—it was his business to receive monies—he has not accounted to me in October for 1l. 19s. 5d., received from the Rev. Mr. Richards, or 1l. 0s. 7d., or 15s. 9d., on the 29th of October-in November I made discoveries, and sent for a policeman—I then asked him what he had done with the money of several customers—I had held out
no inducement or threat—he said he had done wrong, and had squandered the money away.
SUSANNAH HOGAN . I am servant to the Rev. Mr. Richards, of Cambridge Heath. In October I paid the prisoner these bills, and he wrote a receipt in the name of Webb—the first was for 1l. 19s. 5d.—on a second occasion I got these other bills from the prisoner, and he receipted them—they amount to 1l. 7s.
ELIZABETH COOK . I am the wife of William Cook, and live in Sharp-lane, Hackney. On the 29th of October the prisoner came for orders, and I paid him the amount of two bills, 15s. 9d., which he had brought before—he receipted these bills.
(——Connor, a tailor, 13, Great Leonard-street, Shorediteh, gave the prisoner a good character.)
GUILTY . Aged 21.
MR. DOANE conducted the Prosecution.
SUSANNAH HOGAN . I am in the employment of the Rev. Mr. Richards. He had dealings with Mr. King in August last—on three occasions I paid the prisoner sums of money for his master—these are the bills with the receipts—they are for 1l. 7s. 2d., 1l. 3s. 1d., and 1l. 2s. 11 1/2 d.—he gave me these receipts for them.
EDWARD KING . The prisoner was in my employ, and authorised to receive money—he did not account to me for either of these sums—I had him taken—he said he knew he had done wrong, and squandered the money.
Prisoner. That was the money of another master.
GUILTY . Aged 21.— Transported for Seven Years.
WILLIAM JOHN BIRD . I live in Exmouth-street, Spitalfields, and keep a general sale shop. I employed the prisoner to repair some cabinet work on the 24th of November—I saw him going away at a time he ought not with something under his apron—I followed him to Baker's-row—it proved to be a cruet-stand—this is it—it has been broken up—it cost me from 5s. to 6s. a few days before—the boots I lost, but cannot trace them.
MARY BROWN . I keep a marine-store shop—I bought this article of the prisoner about four o'clock, on the 24th of November—it was bent up double—he said it was a piece of stuff he found among some rubbish—I gave 3 1/2 d. for it—it was so tarnished that I took a file to file it before I bought it—I thought it was only pewter, but it has been plated.
WILLIAM BRADLEY (police-sergeant G 165.) This other part of the cruet-stand I found under the place where the prisoner was at work at the prosecutor's, and these tongs, broken up, were under the bench also.
Prisoner. The tongs were broken up—the stand I am guilty of—the boots I never had.
GUILTY . Aged 40.— Confined Six Months.
HENRY BOURNE . I live in Gray-street, Manchester-square, and am a coal-merchant. About eleven o'clock on the 27th of November I placed my truck on the rails outside the door—about twelve o'clock that night I was called by a policeman—these are my wheels—(looking at them.)
Cross-examined by MR. DOANE. Q. Were the wheels off the truck?
JAMES NOBLE (police-constable D 121.) About twelve o'clock at night, on the 27th of November, I saw a man opposite Mr. Bourne's house, who, I believe, was Plumpton—I went round my beat, and came back again—I saw Connolly in Gray-street, with a wheel on his back—I came to the prosecutor's, and saw the truck without the wheels—I followed Connolly—he dropped the wheel, and ran to No. 18, Calmell-buildings—I said, "It is no use your running; I know you"—I went and awoke the prosecutor, and we went to the house in Calmell-buildings—we found three sweeps in one corner—we roused them up-Plumpton and the one discharged said, "What for?"—I said, "For the wheels"—they said they knew nothing about them—we took them into custody—I am sure that Connolly had only one wheel, and Plumpton is the man that I saw about there—I found the other wheel in the house where the sweeps were.
Cross-examined. Q. Was not Connolly asleep? A. He appeared so, but he could not have got to sleep in the time—I had seen him before, but not that night—it was about a quarter past twelve o'clock when I saw him with the wheel, in the same street, and on the side the wheel was taken from—they call themselves sweeps, but we generally find them running dustmen—I am sure Connolly is the same person—I do not think I am mistaken in Plumpton, being the man standing opposite the prosecutor's, against a public-house door, with his back to me.
Plumpton. I was not in the room at the time he mentions—I did not get home till half-past one o'clock—there were three of us taken—I had nothing to do with the wheels, and was not in the street where they were. Witness. I picked up the wheel in Duke-street, and then went to the prisoner's house.
CONNOLLY— GUILTY . Aged 24.— Confined Three Months.
PLUMPTON— NOT GUILTY .
THOMAS NEWMAN . I lodge in Portland-street. About half-past ten o'clock, on the 24th of November, I missed from my bed-room a coat, two waistcoats, and a handkerchief—these are them—(looking at them)—the prisoner slept in the next room—I had seen them safe at eight o'clock in the morning.
Prisoner's Defence. The prosecutor came to my room, and asked me if I was going to work—I said, no, I was ill—I asked him if he had got any silver—he said, no, but he had some articles I might pledge—he brought them to my room, and left them there—I did not see him again till twelve o'clock in the day—I had not pledged them then, but I did afterwards—I did not see the prosecutor again till ten o'clock in the evening, and he asked me if I had seen the key of his room—he said nothing about these things.
THOMAS NEWMAN re-examined. There is not a word of truth in what he says—he did not come to the lodgings that night—I went to his acquaintance, and found him very much intoxicated—I persuaded him to come to the house, but he would not, and he never brought me any money for them—I asked him if he had seen my key as I could not get in—I got to my room through a window, and came out the same way, and no one had been in the house but him—I missed these articles that night—I did not want to take him at all, but to make things up otherwise—he had pawned them in the name of Prosser.
GUILTY . Aged 30.— Confined Six Months.
GEORGE HARTSHORN. I live in St. Pancras. On the evening of the 19th of November, I had a piece of flannel inside my shop, a foot and a half from the door—I received information, and missed it—this is mine—(looking at it)—I overtook the prisoner with it—he said he was going to take it to a butcher's shop in Somers Town.
Cross-examined by MR. PAYNE. Q. Is the gentleman who gave you information here? A. No—the prisoner said a man gave him 6d. to take it.
JAMES LUCAS . I am a police constable. I went with the prosecutor after the prisoner, and found this flannel on his shoulder—I asked him where he got it—he said a man was going to give him 6d. to take it to some large butcher's shop in Somers-town—I asked him where it was—he said he did not rightly know.
GEORGE HARTSHORN re-examined. Not two minutes elapsed from the time of my having information and taking the prisoner—I took him about two hundred and fifty yards from my house. (The prisoner received a good character.)
GUILTY . Aged 17.— Confined Three Months.
GUILTY . Aged 11.— Transported for Seven Years-to the Juvenile Prison.
linen-draper's shop in Paul-street. On the 28th of November, I had a shawl exposed for sale in my window-in about an hour after I saw it I missed it—I had one like this in the window—(looking at one)—I cannot swear to it.
Prisoner Manley. Q. Did you see me about? A. No.
JOHN WINGROVE . I live in Paul-street. About a quarter past ten o'clock, on the 28th of November, I stood opposite the prosecutor's house—I saw four boys—the two prisoners were two of them—they were walking along, and Bolton went into the shop-another, not in custody, stood at the door-Manley and another walked on, and stood two doors higher up-Bolton was in the shop about a minute or two—he then came out with a shawl, and gave it to the other, who covered it with his apron, and they all walked on—we ran, and three of them ran off, and one stood back.
GEORGE WINGROVE . I was standing nearly opposite to the prosecutor's, at my father's shop-four boys passed the prosecutor's door-Bolton went in, and Manley and the biggest of them walked on-Bolton came out in a minute or two with the shawl, and they walked on to Bath-street, and then three of them ran on—the other one stopped, as if he knew nothing about it—they ran on to Charlotte-street-Manley there dropped the shawl, and I took it up.
Manley's Defence. I heard a cry—I came back to the mob, and one of them had got Bolton—one of them said I was one of them—I said, "What do you mean?"—he said, "One that dropped the shawl"—I had stood in the crowd three minutes. MANLEY*— GUILTY . Aged 18. Transported for Seven Years.
164. JAMES SMITH was indicted for stealing, on the 8th of November, 616 lbs. weight of pig-iron, value 30s., the goods of James Covington and another; and JOSEPH SMITH and WILLIAM SQUIRES , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
MR. ESPINASSE conducted the Prosecution.
WILLIAM NICKISSON . I am agent to Mr. Marchant, an iron-merchant, near Walsal. There was an assignment of pig-iron to me from him—it was received in November—it was marked with the letter "M"—it was the first of that mark that ever came into the London market—it came by the Fanny—the mark was made expressly for Mr. Marchant—I heard him give the order when I was in Staffordshire—this was to be taken to the Regents'-canal, by Mr. Covington—I saw it after it was barged, and had it weighed—the weight was 42 tons, 6 cwt., and 1 qr.—I made this memorandum at the time—the weight consigned was 40 tons, long weight, which would make 42 tons, 17cwt.—I saw some pigs of iron in the custody of Fogg, at the Thames police-office, on the 8th of November—that was part of the consignment—it was marked with that particular letter "M" upon it—the price of iron of that description, in large quantities, would be 5l. a ton-in small quantities it would be more—that would be 5s. per cwt.
Cross-examined by MR. BALLANTINE. Q. Were you present when this iron was packed up? A. No—it comes in an open boat—I did not see whether any iron was made according to those instructions-"M" is the
initial of Mr. Marchant's name—I cannot say there is no other maker whose name begins with M—I believe I know every mark in the trade-where iron is made, it is marked with the name of the works or the manufacturer—we had this mark put on this, to distinguish it from others.
Cross-examined by MR. PRENDERGAST. Q. You have not brought the consignment here? A. No, I have not—that was the first barge that had arrived with this iron—there are Welsh iron-works—I cannot say that some of them may not have their iron marked with an M, but I have seen iron of all their marks, and never saw such a thing.
MR. ESPINASSE. Q. How long have you been in the iron trade? A. About three years—the iron is generally marked with the name of the works at full length, but not with the name of the person to whom it is sold, unless they make an agreement to that effect.
WILLIAM SUDBURY . I am a lighterman in the employ of Mr. Covington. In the beginning of November, I took some iron from the Fanny, at Fenning's wharf—I put on board 40 tons—it was pig-iron, and was to go to the Regent's-canal—on the following day I took 20 tons more, 20 on Tuesday, and 20 on Wednesday—I went up the canal as far as Old Ford-lock, on the Thursday, with the barge, and had the whole 40 tons on board—I put the barge in the lock, and left it there—Dyke was left in charge of it—the iron was thrown into the barge—there were four or five rooms, and the same quantity in each room.
Cross-examined by MR. BALLANTINE. Q. Did you receive any account of it? A. No, no paper—I do not know what has become of Dyke—I have never seen him since—I have heard that endeavours have been made to find him—I have heard say that he was charged with the robbery.
JAMES FOGG . I am a Thames Police Surveyor. On the 8th of November, I saw the prisoner Squires's cart in Whitechapel—I then saw him with his cart in Wapping—I stopped him, looked into the cart, and saw some pig iron—I asked where he got it from—he said, "Oh, I bought it at a sale"—I said, "Well, perhaps you can show me the catalogue"—he put his hand into his pocket, pulled out a book, and said, "No, I did not buy it at a sale; I bought it of a man who did buy it at a sale"—I said, "Well, then, you can tell me who that man is, and I will go with you"—he said, "Yes, his name is Smith—he is a smith, and keeps a marine store-shop in Dog-row"—I examined the iron, and the mark "M" was on it—I then took him to Joseph Smith, the prisoner, and asked Smith if he had sold any pig-iron to Squires—he said, "Yes"—I told him there was a large square weight, with a mark on it—he said, "Yes"—I then asked Joseph Smith where he bought it—he said, "It is all right; I bought it of a man at the canal"—he said, "I bought it of the lock-keeper of the Old Ford Lock"—I said, "I will go there," and in going I said, "Perhaps he will deny it," and Squires said, "No, he cannot deny it, because we were all three together"—when we got to the lock, we found there James Smith—he was the lock-keeper—I asked him if he had sold this man any iron—he hesitated some little time, and said, "Yes, I did"—I said, "It is pig-iron; there is a large square mark, with R. C. C. on it"—he said, "I picked some of it out of the canal, and some fell out of the barge, on to the quay"—I said, "It is impossible for it to have fallen out in that way"—he said he hoped I would not let Mr. Golding know any thing about it, or else he should lose his situation—I then left him there, and desired him to attend the next day—I weighed the iron, and found there were thirteen
pieces—they weighed 5 cwt. and 2 qrs.—it was pig-iron—while at the lock, I asked James Smith what they had paid him for it—he said half-a-crown a cwt., and Squires said he gave 3s. 3d. for it to Joseph Smith—I brought the three prisoners to the office and showed them the iron—they said that was the iron—they all of them saw it—I know a little about the value of this kind of iron—I should think 4s. 6d. or 5s. a cwt. would be a reasonable price for it.
Cross-examined by MR. PRENDEROAST. Q. Did you understand James Smith to say that he brought it to them? A. No; they took the horse and cart and went to the lock-keeper for it.
Cross-examined by MR. PREWDBROAST. Q. Where is the mark on this? A. It may be on another part of the pig-iron—this is not manufactured, it is the first state of it.
JAMES FOGG re-examined. James Smith is the lock-keeper, to open the locks to let the barges go through—he lives there, in one of the little houses belonging to the Company—he has nothing to do with the sale of iron.
MR. PRINDERGAST. Q. And he told you some fell out? A. Yes; but it could not—they could not load a barge with iron so deep as for any to fall over—she would not carry it—it could not fall out without the barge's bottom came out—I saw the barge.
WILLIAM NICKISSON re-examined. I did not give an order for that amount—it was consigned to me—I did not make an-order for 42 tons, 6 cwt. 1 qr., but when I was in Staffordshire, it was ordered to be made—I know there were 200 tons ordered—Mr. Marchant gate the order in my presence—the order was gives to Mr. Gibbons, of the Old Level works—he sends it to Gainsborough,' and through two or three hands—it weighed 42 tons, 6 cwt. 1 qr., at Mr. Covington's wharf, City—it was there for sale—that was after it passed the lock, and after the robbery-forty tons of iron were consigned to me—I saw no iron any where before the robbery—I knew this iron was to be brought to London by consignment—we cannot tell what vessel it will come by, because they conic twice a week from Gainsborough—I did not see any marked "M" in London till after the robbery.
NOT GUILTY .
MR. BODKIN. and MR. BALLANTINE. conducted the Prosecution.
WILLIAM AIRY WRIGHT . I am a printer, and live in Fulwood's-rents, Holborn—I received a promissory note of 16l. signed by Green, Lewis, and Young, from Wm. Walker—it was endorsed by Walker, in liquidation of an account existing between us—I considered it of the value of 16l. and allowed that for it in the account—it was dated 20th of September, at six weeks date, on an 18d. stamp—I kept it in my possession till the 3rd of November—I presented it myself at the different residences of the persons
Green, Lewis, and Young—I got nothing for it—it was dishonoured—this was on Saturday, and on Monday I went to Walker and told him of it—I then gave the note to my foreman Wright, to be ready to be taken up by the parties, supposing the money to be paid on it.
Cross-examined by MR. PRENDERGAST. Q. What consideration did you give for it? A. I had a bill of 24l., part of it was for printing—Mr. Walker had a mechanical exhibition—about two years ago I printed some bills for him—the exhibition continued till about Christmas last—he walked about the country with it—I never went to see it—that printing was part of my bill, and 7l. I paid to my coal-merchant for coals for him—I received another bill from Walker at the same time that I received this for 7l.—I have not received many bills from Walker—I received, perhaps, one before these, but I do not recollect what it was for—it is a long time ago—I have my account on a paper—I copied it out of a book—I have not received other bills from Walker within the last two years.
Q. If any body has stated that you gave no consideration for this bill, but took it as Walker's agent, to circulate it, is that a falsehood or truth? A. It is a falsehood—I am quite sure of that-Walker paid me at the time 1l. to balance the account—I took the bills at the amount that appeared on them—I took this bill on Walker's responsibility—he said they were good people—I had applied to Walker for money on account, and I considered this bill as good as money—it had only seven or eight days to run, I think—I had it only eight days—I will not swear to a day—I gave Walker a receipt—I do not know that I made an entry of the settlement in my book—I have got a memorandum of the settlement at home on a paper, and have a copy of it here—it is only a rough memorandum—this is a bill to Mr. Walker—he has got a memorandum—I do not know that it is an exact copy of this—atthe time Walker paid me the bills I gave him a memorandum of it on a bill-head—I believe the document I delivered to him contains the same items that this does, but I do not know that it is precisely the same—I gave him a document of the amount of the bills, and the payment of the 1l.—it may be shorter than this, I cannot tell—I did not know any thing about the persons who executed this note—I thought it rather an unusual one—I never had a note like it before—I thought it a good and correct document—I went about six o'clock in the evening to Young's address, and the house was shut up—I asked some neighbours, and they said that Young had gone away, but they did not say where—I inquired of Green where Young had gone to, and he told me some other place, but I did not go there—I never had any conversation about it—I believe Walker lives on his property, but I printed bills for his mechanical exhibition—he parted with it about last Christmas, and it is now at Leicester-square—I have been to the Eagle Tavern once or twice, but I do not frequent the Grecian Saloon—Mr. Walker has been there when I have—one of the bills I had of him was on Mr. Transfield, who is a waiter at the Eagle Tavern, City-road—I never transacted any business at the Eagle—I never saw Young there, or any where, till I saw him in custody—I think Walker invited me to go to the Eagle—I may have been there once without Walker, but I have been there with him—I have gone there on some few occasions, not for business—I do not know that Mr. Walker's bill transactions take place there—I have heard that he has some connexion with the Eagle Tavern, and that he discounts bills and lends money.
Q. What were the terms of this bill? A. "Six weeks after date, we jointly and severally promise to pay to William Walker, or order, 16l. for value received"—it certainly was not "William Walker or agent"—I have not a copy of the bill—it was rather a remarkable bill, and I particularly. looked to see that it was correct, but I did not inquire of any of the acceptors—I did not inquire about the other bill of 7l. on Transfield—I knew he was a waiter at the Eagle—that was not paid, but Walker has paid me the money since.
MR. BALLANTINE. Q. Have you lived twelve years in the house you at present reside in? A. Yes—I have known Walker for eight years, and have had different money transactions with him—there was nothing to lead me to believe that he designed a fraud on me—knowing him, I thought this was a good and responsible bill-ray foreman was not present when I received it—my claim against Walker was 24l., and I received this note for 16l., a note for 7l. and one sovereign.
ROBERT WRIGHT . I am no relation of MY. W. Airy Wright, but am in his service as foreman—I received from him a promissory note for 16l.—I cannot say on what day—I believe there were three signatures to it—he told me a person would call to take it up—it was left in my hands for the purpose of being delivered on the money being paid—some persons called, but I do not know who they were—they learned that the bill was in my possession and asked to see it—on Wednesday the 7th of November, the prisoner called with a woman—one of them, (I cannot say which,) said they called to pay or settle the note—I said, "I will go and fetch it"—I brought it into the front room—I recollected that I had not written "Received" on it, and I was going to take it into the back room for that purpose—the prisoner said, "Let me look at the signature," and I held the note in my hand for that purpose—he took it out of my hand, tore it in half, put it into his mouth and ate it—the woman had before that drawn a purse from her pocket, and said, "We will pay or settle the bill," she took my attention to the right, and the prisoner was on my left—the woman then put the purse in her pocket again—had no authority to part with the bill except on its being paid.
Cross-examined. Q. What was the woman? A. I do not know—she appeared about the same age as the prisoner and was decently dressed—I might have prevented the prisoner taking the bill if I had known he had been going to destroy it, I would—when he asked me to let him see it, I held it out to him to look at—he said, "Let me look at the signature"—and then he took it—he said I might do as I liked, or do as I pleased—he did not spit the bill out of his mouth—I think it was worth 16l.—I did not hear him say it was a vile swindling transaction—I do not recollect him saying that Walker had got another bill from him, or any thing of the kind—he did not say Walker was a great swindler—I did not tell him he was a rogue to swallow the bill—I called the policeman—I have known Mr. Wright about seven years—I do not recollect any other transactions about Mr. Walker's bills before this—I do not know what Walker is—he has been backwards and forwards to the office for about six years—I never was at the Eagle in my life—I know nothing about Mr. Walker's mechanical exhibition—some time ago we printed bills for a mechanical exhibition, but whose it was I cannot say—I did not know the prisoner before—there were three names to the bill.
MR. BALLANTINE. Q. Had you the slightest intention of parting with that bill except on receiving the money? A. No.
WILLIAM WALKER . examined by MR. PRENDE ROAST. I am in no trade—I live in Smith-street, Northampton-square—I have not known the prisoner above six or nine months at most-an acquaintance recommended him to me—I was to cash a note for him-our acquaintance commenced at the Eagle, in the City-road—I received the bill from Young.
Q. Was his signature on it? A. Yes, that I swear solemnly—he was the person who delivered it to me, and his signature was on it—I was to give him 16l., and he was to return me a crown for it—I paid the money at my own house in the presence of my wife—I swear the prisoner brought me the bill in my house—I knew the other two persons whose names were to it were respectable.
MR. BALLANTINE. Q. Did you owe the prosecutor any money? A. Yes, and I gave that bill in payment for it.
MR. PRENDERGAST. Q. Have you got the account here? A. Yes—I do not owe Mr. Wright any money now—the bill was payable to me or order, not "agent"—I am not a regular money-lender—my mechanical exhibition is of the North Pole.
MR. PRENDEROAST. called
GEORGE GREEN . I live at No. 8, Milton-street, Finsbury. I have known the prisoner four or five months—the promissory note was produced to me by Mr. Walker—he took it out of his pocket, and I signed it—at that time the name of Young was not attached to it in any way—I signed it at a beer-shop in Bath-street, called the Barley Mow and Hop Pole-Young was there at the time, and at that time the note had not Young's signature to it at all—after I had signed it, Walker gave it to Mr. Lewis, who was there, and he signed it-Young did not sign it at all in my presence—I staid there all the time they were at the Barley Mow and Hop Pole—Mr. Walker took away the note, and at that time it had not Young's signature to it.
WILLIAM LEWIS . I live in Warren-street, Pentonville. I was present at the beer-shop in Bath-street when the bill was produced—Mr. Green, who signed it, and Mr. Walker, and Mr. Young were there—I signed it, and at that time it had not Mr. Young's signature to it—Mr. Walker produced the bill from the breast pocket of his coat, and he took it away—it had not been signed by Young—I signed it, and so did Green—I saw no money pass—I had seen Mr. Walker before—he had come to me and requested me to sign it—I had drawn a former bill and signed it—it was differently worded, but was to the same amount—this one was in these words-"Sept. 20, 1838.—Six weeks after date, we severally and jointly agree to pay to Mr. William Walker, of Smith-street, or his agent, 16l. for value received."
Q. Do you know of the smallest consideration being given to you, or Green, or Young? A. No, sir—I signed the bill without reading it—I said, "Let me look at it again," and he did—he said, "This document at present is not worth two-pence, till it has got Young's acceptance."
JURY. Q. What induced you to sign it? A. Mr. Walker said he was going to give 15l. for it.
GUILTY . Aged 29.— Confined One Year.
Sixth Jury, before Mr. Sergeant Arabin.
166. DENNIS M'CARTHY was indicted for stealing, on the 28th of November, 16lbs. weight of copper, value 12s., the goods of William Marquis, in a certain vessel, in a certain port of entry and discharge; to which he pleaded.
GUILTY .— Confined Three Months.
WILLIAM NOTT . I am a shoemaker, and lodge in Harley-street—the prisoner lodged in the next room. On the 22nd of November I went out, leaving my watch hanging by the side of the window—I returned in ten minutes and it was gone—I asked the prisoner if any one had been up in my room—she said "No"—I went out in the evening and found it had been pledged at Mr. Greaves's—this is it—(looking at it.)
Cross-examined by MR. PAYNE. Q. Did you leave your door open? A. I shut it, but did not lock it—I told the prisoner I had lost my watch, and she expressed sorrow—I took an officer and asked the prisoner to go with me to the pawnbroker's—she went willingly, and when he indentified her she denied it.
JAMES CHESTER. I am in the service of a pawnbroker. This watch was pawned by the prisoner on the 22nd of November, about three o'clock.
Cross-examined. Q. Have you always been as sure of her as you are now? A. No, I expressed an opinion that it was a stouter person—I should not like to swear positively that the prisoner is the person—I believe she is, but I have heard of a person so very similar to her, that it is possible I may be mistaken.
MR. PAYNE called SAMUEL NEWSOME. I am the landlord of the house in which the prisoner resides with her husband. I know a person who comes to my house who resembles the prisoner in appearance, and I have made every effort in my power to find that person—I had seen her in my house the day previous to the robbery, and I could not positively swear but that she was there on the day of the robbery—she formerly lived at the next house.
COURT. Q. Where is the person you suspect? A. I do not know—she lived next door to me a fortnight before the robbery—I have seen her come to my house since—I told the officer I thought it was not the prisoner who committed the robbery—the name of the person is Holton, she is about the same age as the prisoner, and the same appearance, but rather stouter—she has the same sort of dress—I cannot say what bonnet—I am a cabinet-maker.
MR. PAYNE. How long did you search for that person? A. Nearly two days—I went to the person who moved her things, and he said it was ten or twelve doors down Phoenix-street—Mr. Alderton went with me.
ALDERTON. I am a carman, and live in Little Marylebone-street.
I have known the prisoner seven years, she has been strictly honest—I went with the last witness, to search for a person for nearly two days—we did all in our power to find her.
COURT. Q. Where did you go first? A. We were directed to go
twelve doors down Greek-street, by the person who keeps a coffee-shop, where she had lodged—the man who moved her things said it was eight or ten doors in Phoenix-street—we went to nine houses.
NOT GUILTY .
WILLIAM HORLEY . I live in Wardour-street. On the 21st of November the prisoner and another boy were standing opposite my window—the prisoner crossed and took a hammer—I ran after him—he threw it down—I ran and took him.
GUILTY . Aged 12.— Confined Eight Days, and Whipped.
MARIA DRINKWATER . I am the wife of Richard Drinkwater, and live in Thornhaw-place, near Old St. Pancras church. I lost my gown from the railing of the door, where it hung to dry, about two o'clock in the day, on the 23rd of November—I know nothing of the prisoner—the handkerchief near me is not mine.
CORNELIUS MURPHY . (police-constable E 21.) I saw the prisoner near Brunswick-square—I asked him what he had in his bundle—he said some washing which he brought from Gray's Inn-road, and was going to take it to his mother's—I took him.
Cross-examined by MR. PRENDERGAST. Q. Did you go to his mother's? A. No—he did not say who gave them to him—he said he got them from No. 16, Gray's Inn-road—I did not go with him there—I went to Frederick-street with him—there he threw down the bundle and ran off—there was a lady passing by—I told her to pick up the bundle, and keep it till I came back.
COURT. Q. Is he the lad that ran away? A. Yes—I believe that it the bundle he threw away.
(The prisoner received a good character.)
GUILTY . Aged 15.—recommended to mercy.— Confined Eight Days, and Whipped.
JOHN LOCK . I am a mariner. I was paid off, and received 11l. 1s. on the 22nd of November—I met the prisoner at the Barley Mow, in Old Gravel-lane—I had ten sovereigns then—I went with her to her house in New Gravel-lane—I then had eight sovereigns and some silver in my pocket—I stripped and went to bed with her, between ten and eleven o'clock, and awoke between three and four o'clock—she was not then in the room—I took up my trowsers, and all my eight sovereigns were gone—I put on my things, and while doing so she came up—I told her of it, and she said, "Oh, what a lie that' is"—I said I would go for a policeman, and give her in charge—I sent for a policeman—I got one in about an hour, and she had then left the house—the policeman took her.
put down two sovereigns—I said, "I don't want two, one will pay me"—I put the other back to her.
GEORGE WILLIAM GRAVE . (police-constable K 11.) I took the prisoner, and found on her 1s. 5 1/2 d.—I asked her where she got the money—she said a friend of hers owed her money some time, and had paid her—she did not know his name, nor the name of the ship, but he was a north-countryman.
Prisoner. I am very sorry for what has happened—I was tipsy.
GUILTY . Aged 21.—recommended to mercy.— Confined Six Months.
171. MARGARET SKELLEY was indicted for stealing, on the 19th of November, I cloak, value 10s.; 2 bottles, value 2d.; 1 pint of brandy, value 8s.; 1 pint of gin, value 1s. 6d.; 1 bottle of soda-water, value 3d.; 1 bottle of ginger-beer, value 2d.; 2 sixpences, and 1 fourpence; the goods and monies of John Chaffey, her master.
GEORGE CHAFFEY . I am the son of John Chaffey. He keeps a public-house in the Broadway, Westminster—the prisoner was his servant for three months—I suspected and watched her on the 19th of November—I heard her come down stairs, about four o'clock in the morning—she got over the balustrades, went to the lobby, into the bar, to the cupboard and cut some meat; she then went to the engine, and drew brandy, and then to the till, and took out some money-as she was retreating back I stopped her, called my father, and got the policeman—she had got two bottles of brandy, two sixpences, and one fourpence—the money had been marked, and the marked money was found on her—she let herself down from the balustrades with a piece of canvass, and did not make more noise than a cat—I was in the bar-parlour—I found in her box a duplicate of a cloak, which is my mother-in-law's—my father has lost £30 or £40.
GUILTY . Aged 28.— Transported for Seven Years.
JOHN LANE . I live with Mr. Collins, a butcher, opposite the prosecutor—I saw the prisoner take a piece of bacon out of the prosecutor's window, on the 25th of November, and run away with it—I gave information—he was pursued, and the bacon taken on him—he had put it in his jacket going along, and buttoned it up.
GUILTY . Aged 22.— Transported for Seven Years.
JOHN EDWARDS . I am a cabinet-maker, and live in Raven-row. The prisoner was on liking to me—on the 19th of November I left my hand-kerchief in my parlour—I afterwards found it removed to another room, and after that I missed it—the prisoner was gone out to his dinner—I found it again—I traced my plane to a pawnbroker's—this is it—(looking) GEORGE PHILLIPS. I am shopman to a pawnbroker—I took this plane in pledge from either the prisoner or his brother.
NOT GUILTY .
GEORGE SAVAGE . I am shopman to James Thomas Hawes, a pawn-broker, in Whitechapel—road. On the 20th of November I saw the prisoner in the shop—she took three gowns off the rail, and took them out, I followed her eight or ten doors, and took her—they were under her cloak—these are the gowns—they are my master's.
Cross-examined by MR. PAYNE. Q. Did you see her take them? A. Yes—there was another woman in the shop—I was about two yards from the prisoner—I am sure I saw her take them—I did not lose sight of her.
GUILTY . Aged 28,— Confined Three Months.
HENRY COLE . The prisoner had been in my employ, at different times, for a year and a half—I lost these things from Drummond-mews—the harness was in the loft, and the coat in the stable—I missed them on the morning the policeman palled me—this is my coat and harness—(looking at them.)
WILLIAM DAVIS . (police-sergeant L 15.) At half-past five o'clock, on the morning of the 21st of November, I met with the prisoner in Church-way, Somers-town—he had the harness on his shoulder, and the coat on his back—I asked where he was going—he said to his master's house, if I would go he would show me where he got it from—he went to the stable, and when there he threw down the harness, pulled off the coat, and ran away.
Prisoner's Defence. I went into the stable, and the door was open—I took these things to take them to Mr. Coles's house for security.
GUILTY .* Aged 20.— Transported for Seven Years.
safe about six o'clock, and missed it about ten minutes after—I found a pane of glass had been broken about an hour and a half before—I did not find my bowl again, but the pedestals I believe I have seen—I have no mark on them—I saw one at the station-house, which I believe was mine-Haynes was then in custody.
GEORGE RIPKEY . About six o'clock in the evening of the 18th of October, I saw the prisoners together by the prosecutor's house—I saw them take the glass out with their fingers, take out a china bowl, and go away with it—I did not see them afterwards—I am sure they are the two—I had seen them before, and I am sure they are the same persons.
JOHN SUMNER . (police' constable F 137.) I met Haynes about six o'clock that evening as I was on my beat, at the bottom ox the coal-yard, about one hundred yards from the prosecutor's—I saw he had something under a short jacket—I saw him go up Smarts-buildings, and turn round to Newton-street—I took him, and found this pedestal on him.
Haynes's Defence. That boy Ripkey and another, who, I believe, was his brother, were the persons I bought it of—I gate 1 1/2 d. for it—I found it was not what I thought it was, and I went back to try to see him, but could not (The prisoner Haynes received a good character.)
HAYNES— GUILTY . Aged 14.
DOYLE*— GUILTY . Aged 15.
Transported for Seven Years-to the Juvenile prison.
HENRY BOLTON . I am a labourer. On the 23rd of November I lost this shirt from the Swan public-house at Sudbury, near Harrow—the shirt was loose, and I had my tools with me—I put it down, on the settle—I had sat there about half-an-hour—the prisoner was the only person there but the waiter and the ostler—I went in search of him, and saw the patrol take him, and take the shirt from him—this is it—(looking at it.) JOHN PARNSLL. (police-constable D 40.) I took the prisoner—he told me he had picked the shirt up.
Prisoner's Defence. I bought the shirt of a person.
GUILTY . Aged 41.— Confined One Month.
LYDIA LANDON . I keep a clothes-shop at St. George's in the East. On the 26th of November the two prisoners came to look at a shirt—they bought nothing, but went away, and in ten minutes I missed this property—I was sent for to Mrs. Phillips, and there found the two prisoners—this cloth had been in my shop.
Davis's Defence. I hope you will forgive me and let me go home to my mother—I am not guilty—the lady would not take 8d. for the shirt, and I did not buy it.
DAVIS*— GUILTY . Aged 17.
CLIFFORD— GUILTY . Aged 21.
Confined One Month.
179. GEORGE YOUNG and WILLIAM TANN were indicted for stealing, on the 6th of November, 1 handkerchief, value 4s. 6d., the goods of Thomas George Heigham; and that they had been before convicted of felony.
JOHN SUTTON . I am in the service of Thomas George Heigham, a pawnbroker at Kensington-a pane of glass in the window was broken—on the 6th of November I saw the prisoners looking through the window—this is my master's handkerchief—(looking at it)—it was taken from the window.
EDWARD BRUNT . I live at Brompton. I saw the prisoners and another in the Crescent, and when I came close to them one said to the other, "Go on"—they passed on and went to the pawnbroker's window—I saw them take the handkerchief out of the window-Young said, "I have got one"—he put it under his jacket and went off.
YOUNG— GUILTY . Aged 14.
TANN— GUILTY . Aged 14.
Transported for Seven Years-to the Juvenile prison.
180. MARY MAYNARD and ELEANOR BULL were indicted for stealing, on the 11th of September, 1 bed, value 2l.; 1 bolster, value 3s.; 1 blanket, value-1s.; 2 sheets, value 3s.; 1 quilt, value 9d.; 1 set of fire-irons, value 3s.; 1 printed book, value 1s.; 1 table-cloth, value 2s.; 1 shawl, value 1s. 6d.; 2 pillows, value 4s.; and X flat-iron, value 4d.; the goods of Zachariah Kelsey.
ZACHARIAH KELSEY . I keep a lodging-house in Fitzroy-market. In July last the prisoners lodged at my house—they occupied one room—when they went away they left the door locked, and took the key—they owed me upwards of 2l. rent—I forced the door open, and missed the property stated.
Maynard. Q. Did not I pledge your articles in a state of starvation, having three children? A. You were not in a state of starvation.
SARAH ROBERTS . I am a pawnbroker, and live in Palace-row. I have a blanket pawned for 2s. 3d. on the 11th of September; 1 pillow for 1s. 6d., on the 18th of September; one pillow for 1s., on the 20th of September; and several others—the greater part was pawned by the prisoner Bull.
Maynard's Defence. I was in a state of starvation—I wrote him a letter, telling him I would get the articles again if he would give me time-Bull is my daughter, but she is quite innocent.
MAYNARD— GUILTY . Aged 33.— Confined Six Months.
BULL— GUILTY . Aged 19.— Confined One Month.
(There was another indictment against the prisoners.)
OLD COURT.—Monday, December 3 rd, 1838.
Third Jury, before Mr. Sergeant Arabin.
HENRY PRITCHARD . I am a livery stable-keeper, and live in Percy-street, Rathbone-place. Two or three days previous to Sunday, the 5th of August, the prisoner came to me—I never had any dealings with him before, but I thought I had seen his face—he asked me if he could have a horse and chaise for the Sunday following, the same grey mare and chaise which a gentleman named Heath had been in the habit of having—I asked if he knew Mr. Heath—he said yes, he had been living in the family, or words to that effect—I asked him where it was to go to—he said to Hatfield—I told him I could not let it go to Hatfield and back in one day, but he being a servant in Mr. Heath's family, if his master could spare him two days, I would charge him very little more—I told him I could not promise him the grey mare till my foreman returned, not knowing whether he had promised it, he being out at the time, but if he called on Saturday he could have a conclusive answer—he did call, and it was agreed he should pay 28s. for the two days—it was taken away on the 5th of August—I let him have it, believing his story—I did not see the mare again till the 6th of November—the prisoner never came to pay me—I lost my gig, mare, harness, and whip—I value them at 40l.—I found them all again at Alresford, a little on this side Winchester, nearly eighty miles from London—on the 4th of November, I went with an officer to Sandhurst, near Black-water, where I heard the prisoner was living in service—we saw him there, on the road to his master's house—I followed him, and instead of going into the village, he went over a gate away from it to avoid us—we at last took him in a public-house, into which he followed us.
Cross-examined by MR. CLARKSON. Q. I believe you found he had been in Mr. Heath's service, and was so at that time? A. I found he had just left—Mr. Heath's father dying, there was no use for him—he was not discharged for anything wrong—the prisoner told me where my horse and gig were—he did not ask whether he should come to any harm if he told me—he said, "If I said where it was, would any thing be done to a young man that has done wrong?" but we never made him any promise—the officer said, no promise could or should be made, but it was for him to think whether he would make a friend of Mr. Pritchard or not—I never said any thing at all.
THOMAS AYLWARD . I am an innkeeper at Alresford. I bought the horse and gig of the prisoner on the 8th of August—I had seen him before, backwards and forwards—he always represented that he had property at Southampton—he said he had bought the horse and gig cheap, and thought it would answer my purpose to let out—I had my name put on it, had a licence, and let it out—it is the same the prosecutor has claimed.
Cross-examined. Q. What is it worth? A. I should not give 20l. for it now—I did not give so much as that for it—it may be worth 15l. or 18l. perhaps.
(Robert Gibson, Esq., of Sandhurst, the prisoner's master; George Smith, Esq., solicitor, South-street, Lincoln's-inn; and Henry Dobee, King's-road, Chelsea, deposed to the prisoner's good character.)
GUILTY . Aged 20.—recommended to mercy by the Prosecutor and the Jury.— Transported for Ten Years.
Before Mr. Recorder.
182. GEORGE RUFFLE was indicted for burglariously breaking and entering the dwelling-house of Daniel Haybittle, about one o'clock in the night of the 23rd of October, with intent to steal, and stealing therein, 6 sovereigns, 5 half-sovereigns, 2 crowns, 50 half-crowns, 80 shillings, 6 sixpences, 4 fourpences, 24 pence, and 48 halfpence, the monies of George Shirwell: 2nd COUNT. stating them to be monies of the Overseers of the Poor for the time being, of the parish of St. Clement Danes: 3rd COUNT, stating them to be the monies of the Guardians of the Poor of the Strand Union, in the County of Middlesex: Three other Counts stating the dwelling-house to belong to the Guardians of the Poor of the Strand Union.
MR. ADOLPHUS. conducted the Prosecution, DANIEL HAYBITTLE. I am master of the Strand Union workhouse, at the comer of Portugal-street and Carey-street, Lincoln's Inn-fields—it is in the parish of St. Clement Danes. I occupy rooms on the first floor, and live in them—one side of the ground-floor is the women's day-hall, and the other side is appropriated to offices—they are divided by a passage—the house is entirely under my control, as the servant to the Guardians of the Poor of the Strand Union—that side of the building on which the women's day-hall is situated faces a burial-ground—there are five windows at the women's side, the lower sashes of which are fastened, and the upper sashes pull down; but there are iron bars across to prevent ingress or egress—there are what are called hoppers, to admit air and light in from above—there is not sufficient room in the hopper to admit a person—we have to take the lower sash away to clean the window—on Tuesday, the 23rd of October, the day before the robbery, these hoppers were painted, and also the board-room, which is parallel with the women's day-hall—there are desks and papers in the office, and money is frequently deposited there by the collectors—the place was all secure on the night of the 23rd—I saw it all fastened myself, in the usual way-all the panel of glass in the women's day-hall were then whole.
Cross-examined by MR. PAYNE. Q. Who were you appointed by?
A. By the Board of Guardians of the Strand Union—I am their servant, regularly appointed by them, and sanctioned by the Poor-Law Commissioners—I think the prisoner came into our workhouse in November, 1837, and remained till about the 23rd of June this year—he then received his discharge—he left with the intention of going to work for Mr. Stapleton, of Whitefriars—he has not been an inmate in the house since—I do not know of his being employed to break stones for a fortnight after he left—that does not take place at our house, but at Mr. Johnson's, at Westminster—the prisoner came to us from a lunatic asylum, in 1837—I do not know how long he had been in the asylum—I do not know how muck is paid to persons for breaking stones—I have seen the prisoner once since he left, selling things in the street—I am the master of the whole building, and always sleep in the house.
COURT. Q. Who pays the rent and taxes? A. I believe it is tax-free, but the rent is paid by the Board of Guardians, I suppose to the overseers of the parish.
PETER ATTRELL . I am a constable and porter at the Strand Union workhouse. On the 23rd of October I took a turn round the house, about tea o'clock—it was then all safe and fastened—I sleep there—about twenty minutes before five o'clock next morning my attention was called to the state of the house, and I saw the shutters of the clerks' office (which is the middle office) open, and one window raised above a foot—on looking round, I saw the collectors' desks and the clerks' desk broken open, and papers strewed about the floor—I then went into the board-room, and found the inner bolt drawn, and found a large hole perforated through the middle stile of the door, large enough to admit a man's arm—on a chair, in the clerks office, I found this clasped knife, and this centre-bit on Another chair—I should say the hole in the door had been made with a centre-bit—I compared the centre-bit I found with the hole, and they corresponded—I then went into the women's day-hall, and found a pane of glass broken and taken out of one of the windows which look into the burial-ground-a person, to have done that, must have been in the burial-ground—I found two pieces of glam lying on the sill, stained with blood, and there were marks or streaks in the wet paint on the hopper, such as would be produced by corded or ribbed trowsers; and on the sill of the window, in the wet paint, was a large footmark, such as would be produced by a man's foot—I knew the prisoner as an inmate of the house—on Wednesday, the 24th, from information I received, I went with Goddard to the prisoner's lodgings, in Tower-street, St. George's-fields—I believe his father and mother occupy the room as well—I took hold of the prisoner, turned him round, and observed he had got white paint on the legs and seat of his trowsers—they were ribbed trowsers—I have since compared them with the marks on the hopper, and they agree—the length, from the sill of the window to the mark in the hopper, exactly corresponds with the height of the trowsers—I asked the prisoner if he had any money—he said, "What money?"—we then searched the room, and while we were doing so, he made the observation two or three times, "Gentlemen, you may save yourselves the trouble, you will find" no money here'1—the last place I searched was a kettle, which was on the fire, full of water—I took it off the fire, took the lid off, and perceived something dark in the water—I put my hand in—the water was lukewarm—I pulled out this handkerchief, which is similar to those worn by the inmates of the workhouse—it is like them, but we do
not mark them—I found in that handkerchief one crown piece, seventeen half-crowns, twenty shillings, eleven sixpences, and one fourpenny piece—I then searched the prisoner, and found in his pocket four penny pieces, seven halfpence, and two farthings—he had a pair of new boots on, which Goddard took off, and asked whether he had not another pair—he said, "Yes, there is an old pair under the bed"—Goddard looked underneath, and found these shoes—there are marks of paint on the side of them—the ]prisoner said they were his, and that he gave 6d. for them—while the prisoner was at the workhouse he was employed in cleaning the windows inside the house, more particularly those of the clerks' office and the board-room—he had every opportunity of knowing the state of the windows and desks, and every thing, and I have seen him go out at the door of the board-room, where the persons entered to commit the robbery—I was with Goddard when he tried those shoes to the sill of the window, and they made an impression similar to that I had already observed—I produce the flap of the clerk's desk—that was quite whole, safe, and sound, over night.
Cross-examined. Q. How did you try the mark of the shoe; did you put it on the mark that was there? A. Goddard did—he did not make another mark beside it, as the paint was dry then—it bad been on two days and two nights—the house was broken into on Tuesday—we apprehended the prisoner on Wednesday night, and tried the shoes, after we had been before the Magistrate on Thursday afternoon, more towards the evening—I compared the trowsers on the Thursday morning before I went before the Magistrate—I put them by the side of the marks, and the length and all exactly corresponded—I did not see the prisoner at Mr. Johnson's yard breaking stones—he had taken the hammers away to do it, but he brought them back, and acknowledged to me he had never been to the yard at all.
GEORGE SHIRVILL . I am collector of the Strand Union poor-rates. I have a desk in the board-room of the workhouse—on Tuesday, the 24th of October, I left about 20l. in my desk, but I did not count how much exactly—there were two cheques, which were not taken—there were about fifty half-crowns, and about 4l. in shillings, a number of sixpences and fourpenny-pieces, the rest in gold, and about 4s. in penny pieces and halfpence—I left the office about half-past six o'clock that evening—the money was then safe in my desk, and the desk locked—I found it locked in the morning, but the wood-work round the hinge was broken, so that it could be opened—the money was not in my desk in the morning-here is my desk, and where it was broken—(producing it)—having examined the desk, I found 2s. 3d. left among the papers-a piece is broken out of the flap, and it could be lifted up by the hinges—I went into the burial-ground, and under the hopper, where the pane of glass was taken out, I found a button, quite clean, lying on the grass in the burial-ground—I gave it to Goddard—it is a very peculiar one, and corresponds with the button on the jacket belonging to the prisoner.
Cross-examined. Q. What is the peculiarity? A. The letters on it and the make of it—there was one off the prisoner's jacket—it is not exactly a flat button, the edges are rather turned—I never saw such a button before, I think—it exactly corresponds with the prisoner's buttons.
the room I found the prisoner, and a little child—some time afterwards the mother came up stairs, but they were alone in the room when I went in-observing the prisoner's back covered with marks of paint, and a button missing from his jacket, I took the jacket from him—there was paint on the trowsers also—I compared the button which was given me with those on the jacket—it corresponds in size and colour, and I have no doubt was cast in the same die—it is stamped, "Imperial standard," which is marked on all the others—I cannot see any difference between that and the buttons on his jacket—he had on a pair of new shoes—I asked him how long he had had them—he said, a month, and afterwards he said, a fortnight—I said, "Where did you buy these shoes?"—he said he did not know—I found an old pair of shoes under the bed, and asked him if they were his—he said they were, and I observed marks of white paint on them—on the Thursday following I compared them with the hopper of the window-sill, and they exactly fitted the mark—I compared the trowsers, and the broad stripes of paint and the narrow, both exactly corresponded-if a person got in by means of the hopper, they would slide down, by putting their back against the hopper—it would take some time to cut out the square of glass, and the person must have leaned against it to do so—the paint would make exactly the impression I found—I observed a cut on the prisoner's right wrist, recently done, and also cuts on the palm and fort-finger of his left hand, very recently done—he accounted for them by saying he had the itch—I also observed stains of blood, as if recently done, on the right-hand wristband of his shirt, and there were stains of blood left on the glass—I asked him if he had any money—he said, "What money?" he had got no money—I said, "Why, the money from the Strand Union work-house"—I searched the tea-kettle, and found the money described—while we were searching he said, "It is no use searching—I have no money-you will find no money here"—I asked where he slept the night before, how he had spent his time, and the refused to give any account of himself.
Cross-examined. Q. When you went in, did you ask if he had any money? A. Some time afterwards, but not immediately I entered.
ROBERT KIRBY . I am relieving officer of the Strand Union. I accompanied Attrell and Goddard to the prisoner's residence in Tower-street—I remained in the room while they searched the upper part of the house—I said to the prisoner, "George, that was a curious place for you to put the money, into the tea-kettle"—he said, "It is a usual thing to put money into a tea-kettle, to keep it from being furred"—I had heard him before declare he had no money; that we might save ourselves the trouble, we should find none there—I observed a mark on his wrist, and asked him how he did it—he said it was the itch.
Cross-examined. Q. Did he not say it was usual to put money into the kettle, with a handkerchief round it, to keep it from being furred? A. He said nothing about a handkerchief—I knew him before, as a pauper-paupers are paid 3s. 2d. a ton for breaking stones—I never told any one that I wished he would pump the prisoner as well as he could—we took another person into custody on the subject, named James Wade, but he accounted for his time the night before, and he went away—I did not tell that person to pump the prisoner all he could—I did not have any conversation with any person that was locked up in a cell at Bow-street—(a man named Henry Stanton was called in)—I know that man—he was a pauper in the workhouse—I never had him taken up, nor saw him in custody—I
saw him the night we were looking for the prisoner, and asked him if he had seen the prisoner—I did not ask him to put questions to him, and get information out of him—he said he did not know where he was; that he had not seen him for a fortnight—I never said I wished him to pump the prisoner all he could.
PETER COSGRAVE . I am a surgeon and medical officer of the Strand Union. On the morning of the 24th or 25th of October I saw the prisoner at Bow-street, and examined his hands—he had got some small cuts on the left hand, and on the right wrist—they had been recently done, and also a mark on the inside of the thumb on the right hand—they appeared to be inflicted by some sharp instrument—the mark on the thumb was a blister, such as would be produced by friction of some hard substance—the frequent revolution of a centre-bit would produce it—he had no symptom of the itch, or any cutaneous disorder.
Cross-examined. Q. Did you examine the prisoner before he was discharged from the workhouse? A. I did, and thought him proper to be discharged.
JOHN CORNISH . I am a carpenter, and live in wych-street, Strand. I have examined the desk-flaps produced by Attrell—the holes in it have been made by a centre-bit—they could not be made with any thing else—I have compared them with this centre-bit, and the size of the holes correspond—there are upwards of fifty holes—I should imagine it would not take less than two hours to drill them, as there were some in the door—I think doing that would cause a sore or blister in the hand.
WILLIAM STEVENS . I am shopman to Messrs. Wilford, of Gracechurch-street, boot and shoemakers. On the 24th of October, about noon, the prisoner bought this pair of shoes at our shop, for 15s., which he paid for to me, in six half-crowns—I am sure he is the man.
DANIEL HAYBITTLE . re-examined. The Guardians of the Strand Union meet at the house every Tuesday—they have acted as guardians meeting as a board—Mr. Witherby is chairman, and Sir Francis Omeroy—the Union has been formed more than two years.
JAMES CORDER . I am clerk to the Guardians of the Poor of the Strand Union, and have been so since April, 1836. Their title is, "Guardians of the Poor of the Strand Union, of the County of Middlesex"—they are formed under a deed bearing date February, 1836—I have been present at every weekly meeting of the Board, without a single exception, from April, 1836, to the present period.
Cross-examined. Q. Do you form your knowledge of the title except by the deed? A. They are formed under an order given under the hands of the Poor Law Commissioners—I derive my information of the title both from the order and the Act of Parliament.
COURT. Q. Do you know the title under which they act? A. Ever since the passing of 5th and 6th of William IV., they have called themselves the Guardians of the Poor of the Strand Union, but they were in existence before that Act.
(The order of the Poor Law Commissioners, directing the Union to be called the Strand Union, in the County of Middlesex was here put in.)
GUILTY . Aged 22.— Transported for Ten Years.
183. ABRAHAM DESSAU was indicted , for burglariously breaking and entering the dwelling-house of William Angel, at St. James, Westminster, about four o'clock in the night of the 28th of November, with intent to steal, and stealing therein, 1 pair of trowsers, value 2s.; 1 pair of spectacles, value 1s.; 1 pair of gloves, value 2d.; 1 four-penny piece and sixpence in copper, monies, his property: and 1 coat, value 10s.; 1 waistcoat, value 2s.; 2 rings, value 10s. 6d.; and 1 handkerchief, value 6d.; the goods of Joseph Angel.
JOHN SMITH . (police-constable C 146.) About half-past four o'clock in the morning of the 29th of November, I was on duty in Oxford-street, and met the prisoner carrying some clothes under his arm, between King-street and Blenheim-steps, near Marlborough-street—I called to him to stop, and asked what he had under his arm—he kept walking on, and would not answer me—I overtook and stopped him—he said they were tome old things he had got from a friend of his—I asked him who the friend was—he said, "Mr. Abrahams, a Jew, in Houndsditch"—I said perhaps he knew what was in the pockets of the clothes, if there was any thing—he said there was nothing in the pockets—I showed him the outside of the pocket with a handkerchief, and then he said there was a handkerchief in it—I said, "What is the colour of it, perhaps you can tell?" but he could not, and I took him to the station-house—I searched the things, and in the pocket of the waistcoat I found two rings, and a child's whistle in the trowser's pocket, and in the prisoner's own jacket pocket I found a pair of spectacles—he said they were his own, and his sight was very bad—I also found a pair of gloves in his pocket which he said were his own, with 2s. 4d. in silver, and 9 1/4d. in copper—he said perhaps Mr. Abrahams had made a mistake and left the ring in his pocket—he appeared quite rational, and as if he wished to account for every thing I taxed him with.
WILLIAM ANGEL . I am a shoemaker, and live in Nag's Head-yard, Blenheim-street, Oxford-street, in the parish of St. James—my door is about two hundred yards from Blenheim-steps—I occupy two rooms up in a gallery—they are not in a house—there is no street-door—I go up stairs into the gallery and into my room—I occupy the two upper rooms—they have no communication with the rest of the building—I pay rent for them—on the 29th of November, I and my wife went to bed at eleven o'clock—we shut the door to, but as my son was absent at Lambeth, it was left unlocked for him to come in—the door was closed and latched, and could not be opened without lifting the latch—my wife alarmed me a little after four o'clock, thinking she heard a noise, I thought it was only her imagination, but she continued to be alarmed, and I got out of bed about a quarter past four o'clock—I found the door wide open and missed my trowsers and what was in the pockets—I afterwards missed my son's coat and waistcoat, and two rings which had been in the waistcoat pocket—he had come home at a quarter past twelve o'clock, I believe, and went to bed in the next room—I had shut my door, but it was not locked.
JOSIAH ANGEL . I am the prosecutor's son. I came home on the night in question, about a quarter before twelve o'clock—I closed the outer door—I took off ray coat and waistcoat, which were afterwards missing—there were two rings in the waistcoat pocket, and a pocket handkerchief in the coat-pocket—these rings are mine, and this is my coat and handkerchief—when I went to Test between twelve and one o'clock these things were safe—I left them in my father's room-you come into my father's room before
mine, but both doors open on the landing—they do not communicate together—I shut his door, and pushed it after me.
(Property produced and sworn to.)
Prisoner's Defence, The things laid in the entry—I would not have gone into the place—I never meddled with any thing.
GUILTY . Aged.— Confined Six Months.
JAMES BACON . I live in Holland-street, Bethnal green. I knew the deceased Robert Royal about two months—he was about sixteen years old, and was a lucifer match-maker—we were all three in the employ of Mr. Molyneux—I and Royal worked in one room, and the prisoner in another—on the afternoon of the 20th of November, between five and six o'clock, Marsh was tying up bundles, standing outside the room where we were at work—Royal went into his room and took down his candlestick to seal up some parcels—that left Marsh in the dark-Marsh seized the candlestick again, and said "Put it up, Boneynose "—Royal said nothing, but went round and hit Marsh directly a punch—it was not a severe blow-Marsh had a penknife in his hand which he had been working with, and he said, "If you come and hit me again I will run it into you"—Royal hit him again a box on the ear as he was standing against a bench—he held op his hand towards Royal, with the knife in it, and I think he may have ran on it without Marsh moving it or striking at him—he had it held out in his hand before Royal ran in on him to box his ears—Royal was bigger than the prisoner.
GEORGE WILLIAM HENRY COWELL . I am a surgeon at Hoxton. I examined the person of the deceased—I observed an incised wound on the left side, about three inches above the groin—he was much taller than the prisoner, so that his groin would be considerably above the same part of the prisoner—I think it possible the wound might have occurred by the boy running against the knife if the point was held downwards, and it might also be caused by striking downwards—there was nothing to exclude the supposition that he might have run on it—the wound was about the same size as the blade, which would the rather import that there was no strikings but that the knife was steady at the time.
Cross-examined by MR. PAYNE. Q. He died, I believe, in consequence of inflammation? A. Yes, on the following morning.
NOT GUILTY .
MARY ANN HAMILTON . I am the wife of John Hamilton. The prisoner is my brother, and was brother-in-law to the deceased James Simmonds. On the 15th of October my sister Catherine, the deceased's wife, had ill-used my little brother John—the prisoner went up to see the cause of it, and asked her why she had ill-used my little brother—the deceased took it up, and struck my brother—my brother said, as the deceased was an old man he did not wish to strike him, but if he did it again he would—he did strike him again, and my brother in his own defence struck him—they both fell—it was an accidental quarrel—my brother was struck twice
before he hit the deceased—we did not think he was hurt at the time—there was a clothes-horse in the room, and as he fell the horse fell down—I don't know whether he fell against it—my brother and I came away directly-next morning we heard the deceased was at the hospital—he was sixty-two years old—my sister was twenty-five—they had only been married four months.
CATHERINE SIMMONDS . I am the widow of James Simmonds—I had beat the little boy in the morning, and the prisoner and the rest came to complain-a quarrel arose between my husband and the prisoner—I did not see my husband strike the prisoner—I don't remember how it began, I was too worried to notice—I only saw them fall over the clothes-horse together—I cannot say which fell undermost—they fell with considerable weight—there was no reason to suppose my husband was so much hurt at the time—I took him to the doctor—he thought at first one of his teeth was hurt, but it was his jaw-bone broken—they never had words before—it was a quarrel between us all—my husband walked to the hospital with me.
PRESCOTT HEWETT . I am a house-surgeon at St. George's Hospital. I saw the deceased there—the cause of his death was inflammation of the throat and glands—it is impossible to say what caused that—the jaw was fractured, and suppuration had taken place, slight inflammation of the jaw—it was erysipelatous inflammation—I have seen that occur without any accident whatever—I could not say that the inflammation in the throat was produced by the accident—I could not trace any connexion between the suppuration around the jaw and the state of the throat—I cannot assign any cause-inflammation came on—the man was old, and not having been able to take any Solid food for sometime, was unable to resist the attack that took place—I cannot say that the broken jaw was the occasion of hit death.
NOT GUILTY .
186. WILLIAM RICHARDSON and JOHN JOHNSON were indicted, for breaking and entering the dwelling-house of James Pocock on the 29th of November at Paddington, and stealing therein, 1 cloak, value 5l.; 1 cape, value 1l. 10s.; 1 stock, value 1s.; 1 pocket-book, value 3d.; 1 apron, value 3d.; 9 yards of lace, value 3d.; and 1 hat, value 10s.; his goods.
JAMES POCOCK . I am a pianoforte-maker, and live in Westbourne-tenace, Bayswater, in the parish of Paddington. On Thursday afternoon, the 29th of November, I saw my property safe about four o'clock, and missed it between five and six o'clock, from a room in my dwelling-house, FREDERICK WILLIAM TAYLOK. I live in Pickering-place, and work for Mr. Pocock. On the evening of the 29th of November I was in his kitchen—I went up into the parlour, and saw some one jump out of the window—the sash had apparently been down before I entered the room—it was thrown up as I entered, and somebody escaped out of it into the garden—I looked out, and saw the prisoner Richardson, with a bundle of clothes under his arm—I called "Stop thief," came out, and ran after him—there was another boy running a-head of him, who appeared like the other prisoner-Richardson was stopped, and taken back to Mr. Pocock's—he objected a little to going back, and said he did not know what he was taken in charge for—that he was running after three other persons
who were running in the same direction, and was about catching them for me—a gentleman picked up a hat, and gave it to me—it was mine, and had been in the cupboard in Mr. Pocock's parlour, in the same room, the window of which was thrown up—I had left it there on the Sunday previous—I found an umbrella-stick in the garden, placed close to the front gate-Johnson was asked if it belonged to him, and he made a bow.
richardson. He told the policeman that he could not swear to me, but the policeman took him into the passage by himself, and then he said he could swear to me. Witness. I never expressed any doubt about him whatever—I will swear to him.
MATTHEW WILSON . I am a carpenter, and live in Pickering-place, Between five and six o'clock, on the 29th of November, I saw both the prisoners running, within about thirty yards of Mr. Pocock's house—they were both together, and running in a direction from the house-Johnson was a little a-head—there was no one before them—they passed me—Richardson was stopped by a groom in a gentleman's gateway—I overtook Johnson in Elms-lane—I told him he must come with me—he objected, and asked what I was taking him for—I told him "Stop thief" was cried, and he must come back and answer for himself—he appeared winded, and I should think he was run out.
Johnson. I heard the cry of "Stop thief"—there were three lads running. Witness. I only saw these two.
DANIEL WATLEY . I live at Kensington Gravel-pits. On the 29th of November I was passing by the door of Mr. Pocock's house, and heard the call of "Stop thief"—I saw Richardson throw the clothes into the road—I picked them up, and gave them to Mr. Pickering—they ran from Mr. Pocock's front-gate—I did not know them before.
JAMES POCOCK . re-examined. This cloak, cape, pinafore, pocket-book, stock, and the other things are mine—the hat belongs to Taylor—the persons must have entered the front gate, and gone round to the back-door—they could open it from the outside, being only on the latch—I am sure it was closed, for I had left it so only a few minutes previous, and no one went to it after me—the whole family were at tea in the kitchen—I left them there when I went to the work-shop, which is about seventy paces from the house—I was not in the house at the time of the robbery, but while we were sitting at tea we heard the door open and shut—I thought it was Taylor come to tea—my daughter took a candle, and went to the door, and said she thought she saw some one round the corner, and I conceived some one entered at that time—I could not have left the door open, for it would have been impossible to sit in the house with a strong westerly wind, as it blew that night, without feeling it.
RICHARDSON— GUILTY . Aged 17. JOHNSON— GUILTY . Aged 18.
187. WILLIAM RICHARDSON and JOHN JOHNSON were again indicted for stealing, on the 29th of November, I table-cover, value 2s.; 2 pairs of stockings, value 4s.; and 1 handkerchief, value 6d.; the goods of John Coffin.
and four o'clock, I hung out a table-cover, a silk handkerchief, and two pair of stockings, in my garden, at the back of my house—I saw them there safe at four o'clock, and missed them a little after five.
JAMES LANCASTER . (police-constable T 60.) The prisoners were given into my custody a little after six o'clock, on the 29th of November, at the house of Mr. Pocock—I found the table-cover tied round Richardson's neck, like a handkerchief, and the silk handkerchief round Johnson's—they were not dry—the stockings were given to me in Mr. Pocock's house, next morning.
Johnson's Defence. I picked up the handkerchief.
RICHARDSON— GUILTY . Aged 17.
JOHNSON— GUILTY . Aged 18.
Transported for Seven Years.
188. THOMAS THEOPHILUS BIGGS was indicted for embezzling, on the 16th of February, the sum of 50l., which he had received by virtue of his employment, as servant to, and on account of Charles Louis Stanislaus Heurteloup, commonly called Baron Heurteloup , his master.
MESSRS. ADOLPHUS. And PHILLIPS. conducted the Prosecution.
JAMBS GOOCH . I live at East Dereham, in Norfolk. I had a complaint for which I placed myself under the care of Baron Heurteloup last year—I should not have been alive now if I had not done so—there was an understanding that I was to pay 100l.—the prisoner was the interpreter between us—on the 15th of November, after the first operation, I gave a cheque for 50l.—I offered it to the Baron—he did not take it, but referred me to the prisoner, and I gave it to him—that was without any application—on the 20th of January, 1838, I gave another 50l. cheque, drawn payable to Mr. Biggs—the first was made payable to the Baron—on the 13th of February I remitted this cheque of 50l. in a letter—(looking at it.) (The cheque being read was on the East of England Bank, dated the 18th of February, at twenty—one days after date, payable to the order of James Gooch, Esq., without acceptance, signed by the agent and addressed to the London and Westminster bank in Throgmorton-street, and endorsed to T. T. Biggs, Esq.) Witness. After I remitted that cheque I received this letter—(looking at it.) BARON CHARLES LOUIS STANISLAUS. HEURTELOUT—(through An interpreter)—I believe this letter to be the prisoner's writing.
(The letter being read was dated the 16th of February, as follows:-"Queen Anne-street. My dear Sir, I write back to acknowledge the receipt of your letter, dated the 13th instant, and the order on the London and Westminster Bank, for 50l., for which the Baron is particularly obliged to you." Then followed some general directions as to Mr. Goech's future treatment of his complaint. Signed T. T. Biggs.)
MR. GOOCH.Cross-examined by MR. CLARKSON. Q. I suppose the first cheque was drawn in favour of the Baron or bearer? A. Yes, my original agreement was to pay 100l.—I had seven operations performed on me—I paid the last 50l. through gratitude for the benefit I had received—I returned home after the operations—this is the only letter I received from Mr. Biggs at home—I received two letters while I was at my lodgings in town—I told
Mr. Biggs, before I left London, that I was so well pleased with the benefit I had received, that when I returned home I would send another 50l., which I did—I said nothing to the Baron about it.
MR. PHILLIPS. Q. Could the Baron speak English well enough for you to communicate with him freely? A. Not very well—I certainly could not understand him.
MR. CLARKSON. Q. If you had said in English that you intended to send him 50l. do you not think he would have understood you? A. Perhaps be might—I have no doubt I could have made him sensible of it.
MR. PHILLIPS. Q. What English did he talk at that time? A. Very little English except short sentences—I am quite certain that I told Mr. Biggs before I left town, that I would send the other 50l. out of gratitude.
BARON HEURTELOUP . re-examined. I came to this country in the end of the year 1829, to practise my science on the stone—my practice was not very extensive in the beginning-subsequently it became so; but when I made my invention known to all the medical men of England, it became less extensive—the prisoner came into my employment, I believe in the beginning of 1830—he came at first to interpret-subsequently when I performed operations, he was my assistant in those operations, and lastly he was my secretary, not myself being able to read or write English—his compensation at first was five per cent, on the sums received, but when I came from Russia, at the end of August, 1837, he had a salary of 100l. per annum—when I came back with 4400l., I said to the prisoner, "I am very happy that I bring some money for yourself"—my intention was to give him 200 louis as a recompence, in the same proportion as I gave him a commission—I gave him two or three sums of 20l. or 30l. I think, on account of the 200l.; but I soon perceived, as the amount I brought with me was to be applied to carry out certain works I had to do, the proportion I allowed him was too large—I therefore said to him, "As there are not many patients now, I think it better I should allow you 100l. a year until we can make arrangements"—since that I have given him some amounts, as he asked me for them-10l. or 15l. at a time—he thanked me for the 100l. a year—Mr. Gooch, who has been examined, was a patient of mine, and was about six weeks or two months under my care—I had told Mr. Biggs I expected 150l. from Mr. Gooch—Mr. Biggs told me I was to have 150l. from Mr. Gooch, but never told me I was to have 50l. more out of friendship—I did not authorize Mr. Biggs to agree with Mr. Gooch for 100l.—I did not receive 50l. from the prisoner from Mr. Gooch at any time in February 1838—I never authorized him to write a letter to Mr. Gooch acknowledging the receipt of the 50l., or giving him directions respecting his cough and so on—he told me something in a letter which I unfortunately destroyed at Paris—Mr. Biggs did not tell me he had received the 50l., but when I returned from Paris I asked him if he had received it—his answer was "Not yet, but I will go for it"—I asked him a second and third time the same question, and he always repeated, "I have not yet received it, but I will go for it"—atlast, the fourth or fifth time, I told him I would go there myself—I ordered my carriage—Mr. Biggs directed it somewhere in the city—I was with him in the carriage—when I stopped Mr. Biggs said to me, "Wait, I will go myself"—out of delicacy I waited, and after about half-an-hour the prisone came and said to me, "The man who ought to pay me is not there, but the money will be sent to-morrow morning or this afternoon to your banker's"—I inquired two or three days afterwards, "Has the money been sent to the banker's?"—he answered, "Yes"—but when the prisoner absconded
I went to inquire my situation at my banker's, and to my great surprise the 50l. had not been placed to my account—I returned from Paris on the 16th of July, and inquired of the prisoner respecting the 50l. on the 17th of July, when he asked me for a cheque of 50l., which I gave him—I went to Paris on the 31st of March, 1838—I received no account from Mr. Biggs of this 50l., between the 13th of February and the 31st of March—he has never accounted for it from that day to this.
Cross-examined by MR. CLARKSON. Q. Are you aware that you indicted the prisoner on Saturday for having stolen money from you, being your servant or clerk? A. Yes, I was asked on that occasion under what circumstances, and with what remuneration the prisoner came into my service and continued in it, but it was asked in a manner so strange and altogether so foreign from asking questions by a gentleman, that I altogether lost my head, consequently I may have said that of which I had no consciousness, but what I say at present is correct—I could not on that occasion answer the questions put to me, because I was much more occupied with the interpreter than with the questions, but if there is any doubt the books can be consulted, and traces of it found-all the questions put to me were received with the same confusion-what I then said was the fact.
Q. Then if so, why did you not give the answer on Saturday you have given to-day, with reference to the 100l. a year and the five per cent. commission? A. Because to-day I am accustomed to the manners of the tribunal, and to the manners of the counsel, and am better able to answer the questions than I was on Saturday—I made the pecuniary arrangement with the prisoner in the interval between my return from Russia, at the end of August, and my departure for Paris on the 31st of March—I cannot determine the period more precisely.
Q. State to the Court the sums of money the prisoner has paid for you from the month of August to April? A. It is a question which you know well I cannot answer—it is a catch, and I will give you the reason-you know perfectly well that pre-occupied with my inventions, I bestowed on the prisoner the care of my accounts, and I am so unaccustomed to accounts that any question of that sort I cannot answer—the prisoner has not given me any account of this sum of 50l.—this cheque was paid while I was in London.
Q. When you went to France, did you intend to go for three weeks? A. I am never so precise as that—I do not recollect saying so before I left—I staid for three months—I cannot say whether the prisoner during part of that time had not the means of paying the obligations he incurred or not—he never communicated it to me—if he had debts, they were debts he ought not to have, and they arose because he had not paid them with the money I had previously given him for that purpose—I was not in difficulties while I was in France.
Q. In 1835, 36, and 37, were your circumstances in an embarrassed condition? A. They would not have been embarrassed had not various sums I had received been dissipated—the day before yesterday, under the influence of the prisoner, you represented me as a man who had always been needy—I am now going to give you a proof that you were deceived-here is a book, written by the prisoner, while in my service-between certain dates, I received from my patients who I attended, in the space of twenty-five months, 4, 146l. 2s., according to the prisoner's account in the book kept by himself.
COURT. Q. Have you any account in the prisoner's writing in which the draft for 50l. is made paid? A. No.
MR. CLARKSON. Q. Have you any account of your expenditure for 1838? A. The prisoner was charged with keeping that account—I continually asked him to let me have it, and he continually put me off, and I could not get it from him—I paid up the rent of ray house for two years—my profession falling off, it became necessary to look for other means to keep up my rent-for this purpose I undertook works on military arts, and to put them in use, it was necessary I should go abroad-in 1836 and 37, I was not in the habit of borrowing money of my friends, through Mr. Biggs—I have never sent the prisoner to ask for money of Mr. Bowden—I was about to leave for Brussels suddenly, and sent the prisoner to ask for 200l. of Mr. Branfield—that was before my journey to Russia, and when I came back, I immediately sent Mr. Branfield the 200l., and I have his receipt, that I am quit with him, but I understand the prisoner took other money from Mr. Branfield—I was about to apply myself to another branch of industry, and that is an avowal that my income was not sufficient—my distress was not very considerable, because I always kept up the same establishment—on the 4th of April, 1835, I asked the prisoner if he was going to pay the workmen—the prisoner said, "I have no money"—I said, "Write a cheque, and I will sign it"—he said it was too late for the banker's—I said it was extraordinary he did not use better caution, the workmen must be paid, cost what it would, he said; "If you are in want of money, I will get it immediately"—I asked him, "How?"—he said, "I will take one of your gold boxes, and bring you money"—I had 55l. at the banker's at the time-between the 10th of September, 1834, and the 4th of April, 1835, I had 761l. 18s. 5d—I left the gold box in pawn, because it might be better taken care of there than in my own house-since that I have had more than 600 francs—my gold watch was in pawn—I know nothing about the prisoner's redeeming that, except from inquiry made at the pawnbroker's—the prisoner had pawned three gold boxes of mine, and they are all three in pawn now, thanks to the prisoner—I know nothing at all of the interests paid to pawnbrokers—I do not know that it is twenty per cent.—I did not admit, on Saturday, that 40l. interest was paid on those goods—it was you said that-in 1837 I wrote letters to the prisoner from Brussels and other places.
Q. During 1837, were you not constantly, in letters to the prisoner, calling for money, and desiring him to raise money by any means he could? A. No—(looking at tome letters)—all these are my hand-writing.
MR. ADOLPHUS. Q. When you went to France, on the 31st of March, did you leave the prisoner in funds to pay on your account? A. Yes, about 120l.—he had in his hands 35l.—I gave him 25l.-80l. was given to him, and 20l. and 25l. I sent him from Paris—the amount of expenditure would be about 6l. a week while I was away—when I go away, he has only to pay the servants their board-wages; and when I stay away too long, their wages, and then the men who work, which amount to 2l. 10s. a week.
COURT. Q. Can you state how your accounts stood with the prisoner on the 12th of March this year? A. The prisoner has not given me the account—I was certainly not in the prisoner's debt—I swear it, because he has paid nothing for the last two years, or nearly nothing—I cannot say how the account stood on the first of March this year, but I swear I was not indebted to the prisoner.
THOMAS WIHDLB . I am employed in the London and Westminster Bank. This bill was not presented to me, but I paid the money for it on the 14th of February—it had twenty-two days to run before it became due—it was paid the day after the date of it—I took 3s. 2d. at discount—I cannot say to whom I gave the money, but I gate it to the party signing this cheque (producing one.)
BARON HEURTELODP . re-examined. This "T. T. Biggs" on this cheque is the prisoner's hand-writing. I had the prisoner apprehended on a charge of stealing 150l. received of Mr. White—I have abandoned that charge, because Mr. White, who holds a distinguished situation, wished me to avoid bringing him before the Court—he is a surgeon in Parliament-street
(Evidence for the Defence.)
(The extracts from letters from the prosecutor to the prisoner were read, at in the last case. See p. 121.)
BARON HEURTELOUP . re-examined by MR. ADOLPHUS. These letters are in the hand-writing of the prisoner—(looking at some others)—I received them while I was at Brussels, St. Petersburg, and other places.
MR. BODKIN. Q. If you were writing to an older surgeon, a gentleman of higher standing than yourself, is it not the custom to address him in French as "My Dear Master?" A. It is not the custom, but I should write "My Dear Master." Mr. Biggs was my assistant in the performance of surgical operations.
MR. ADOLPHUS. Q. Was he a pupil of yours under your instructions, or did he merely assist in the operations you had to perform? A. I have never taught the prisoner to do otherwise than assist me—I should not have trusted him with important operations.
(The letters in question were not read but were merely put in to show that the prisoner was in the habit of addressing the prosecutor as "My Dear Master. ")
JAMES ARCHIBALD CHALMERS . I am a major in the Royal Artillery. I have known the prisoner about three years—I was introduced to him by Baron Heurteloup, having been desired to wait on the Baron, on the part of government, to inspect his inventions—I have had much confidential communication both with the Baron and Mr. Biggs-during the Baron's presence, a great deal of intercourse was necessarily with Mr. Biggs, on account of the language; and during the Baron's absence, which was during a very important part of my business, the whole affair rested with Mr. Biggs—I consider him to have done his duty with great seal, ability, and attention—he appeared devoted to the interests of the Baron, and to have, with regard to military affairs, to which only I speak, a very large discretion vested in him.
JAMES CHASE POWELL . I am a surgeon, and live in Goswell-street-road. I have known the prisoner from the age of four or fire years to the present time, and he always maintained the most perfect character—he was introduced to the Baron by myself originally.
MR. ADOLPHUS. Q. For what purpose did you introduce him to the Baron? A. Originally to be his interpreter, and generally to assist him-partly as assistant and partly as pupil—it was expected he would acquire a general knowledge of the profession, of which he knew nothing when he went to the Baron—there was no positive denned statement as to the nature of the place he was to fill, as far as I was acquainted—I always
considered him as a pupil—I understood the Baron treated him very liberally in the way of money affairs—I understood that from Mr. Biggs himself, but no specific salary was appointed—he lived at the Baron's as his intimate friend, as far as I always found and believed—he had no means of advancing money to the Baron of himself—he had no funds that I know of to maintain the expenses—he was at school before I introduced him to the Baron—I heard from time to time that his friends had furnished money.
JOHN EVANS . I am an engineer, No. 104, Wardour-street. I have known the prisoner two or three years—he has conducted business for Baron Heurteloup, and I always considered him the principal instead of the assistant—he always paid me.
COURT. Q. On whose account has he paid you? A. On the Baron's account I believe—the Baron has come with him several times, but Mr. Biggs was the person I entered in my book—he was always responsible—I only know his character by his business transactions with me.
MR. ADOLPHUS. Q. Did you make Mr. Biggs chargeable for the work under his own directions? A. Certainly, and executed the work under his directions—he always paid me—the Baron was never with him when I was paid.
NOT GUILTY .
(There were four other indictments against the prisoner, upon which no evidence was offered.)
NEW COURT.—Monday, December 3 rd, 1838.
Sixth Jury, before Mr. Common Sergeant.
189. CARL FREDERICK WILHELM JUNK was indicted for stealing, on the 31st of October, 2 pistols, value 10l., the goods of Joseph Ferdinand Count Taafe, of the empire of Austria.-2nd COUNT,. stating them to be the goods of Alois Wache.
(The prisoner being a foreigner had the evidence explained to him by an interpreter.)
ALOIS WACHE . The prisoner lived with me on the 31st of October—I lost a pair of pistols that day—I have since seen them in the hands of Mr. Epping—they are mine—I went on board the steam-boat and found the prisoner—I spoke to him about my pistols—he said he did not intend to steal them, but when he got to Paris he would send me a letter to let me know where they were—I have reason to believe he was in great distress—I never permitted him to part with my pistols.
HENRY EPPING . The prisoner came to me, and wanted to borrow some money—I told him I could not let him have any without security—he then brought some pistols, and I lent him 3l. on them—I did not show them to anybody—I locked them up as the prisoner told me they were loaded—the constable took them.
Prisoner's Defence. I only borrowed the money on them—I did not sell them—I was in great distress, and could not obtain relief—I resided here but a short time, and did not know the severity of the English law—I implore you to consider my case with the greatest lenity.
GUILTY . Aged 37.—Recommended to mercy.— Confined Eight Days.
190. JAMES OSCAR ALEXANDER CAMERON was indicted for stealing, on the 23rd of July, 4 pairs of trowsers, value 2l.; 3 printed books, value 6s.; 3 waistcoats, value 15s.; and 1 comforter, value 1s.; the goods of Robert Russell.
ROBERT RUSSELL . I am a law student, and live in London-street. I lodged at the prisoner's mother's up to the 13th of July, when I went to France—I left these boots and other things with the prisoner's mother, and some clothes were sent home—after my return from France I missed these things—these are mine—(examining them)—I received the duplicates from his mother—she asked me before giving them to me to lend her 30s. to redeem the things, and I said I would no longer pardon him, as I had done once before, but I would prosecute him.
GUILTY .—Aged 24. Transported for Seven Years.
(There was another indictment against the prisoner.)
THOMAS MITCHELL . I am a tailor. On the 31st of October, a pile of coats were thrown down from my door into the street—I picked them up, not missing any one in particular—I cannot swear that I had this one at that time—I cannot swear that I had not sold it—I cannot say that I missed one like it.
Cross-examined by MR. DOAKE. Q. you live in Great Turnstile? A. Yes, and sell fifteen or sixteen hundred coats in a year.
THOMAS OWEN . I was going through Turnstile between seven and eight o'clock in the evening, I saw the prisoner make an attempt at the prosecutor's shop—I watched him for half an hour—he made several attempts, and at last pulled down the coat, and ran away with it.
Cross-examined. Q. What are you? A. An errand boy to Mr. Phillips, a wholesale glass dealer in Baldwin-street, City-road—my roaster's brother was with me—we were on an errand—we had got a basket each, and we stopped to watch the prisoner—it is a very great thoroughfare—I saw this plainly done—I did not shout out—I went and told the prosecutor, and Mr. Phillips ran after the prisoner—I saw him again about half an hour afterwards—he was a perfect stranger to me.
JOHN PHILLIPS . I live in Baldwin-street. I was going through Turnstile, and saw the prisoner attempt to rob the shop—he made several attempts, at last he got this coat—I pursued—he turned down a court, and I lost sight of him—I came back and met him with the coat on in Hart-street, Bloomsbury—I collared him, took him into a shop, and gave him in charge.
Cross-examined. Q. Do you know that coat? A. I could swear this is the coat—I put my mark on it at the station-house—I went and looked at it before he snatched it—it is the one I found on him, and he snatched a coat like this—I told the Magistrate so—my deposition was taken down in writing, and I signed it—this is my signature—(read.)
"About half-past seven o'clock, last Wednesday evening, I saw the prisoner hanging about the shop; he snatched the coat and ran down Whetstone-park,
I pursued him, but he out ran me, and I met him again with the coat on."
Q. Do you mean to persist in saying that you told the Magistrate that you went and examined that particular coat? A. I could if he had asked me, but he did not ask me the question—I did tell the Magistrate that I went up and examined that particular coat, while the prisoner was there—I am a cab driver—I am out of employment, and living with my brother, and doing a little work for him—it is nearly three months since I drove a cab—I have never been a cab driver since they had badges—I should say Hart-street is full half a mile from Turnstile—I was coming back when I met the prisoner—he was walking by himself.
GUILTY .* Aged 18. Transported for Seven Years.
192. ANN AITKIN was indicted for stealing, on the 27th of August, 47 spoons, value 20l.; 21 forks, value 10l.; I box, value 4l.; 1 basket, value 2l.; 1 opera-glass, value 6s.; 2 sheets, value 9s.; 2 shifts, value 6s.; 2 table cloths, value 10s.; 2 bed-gowns, value 4*.; 2 blankets, value 10s.; 1 flannel jacket, value 3s.; 1 gown-piece, value 5s.; 1 pair of shoes, value 1s.; 1 handkerchief, value 1s. 6d.; 1 shawl, value 2s.; 1 rule, value 6d.; 6 printed books, value 6s.; 4 yards of damask, value 4s.; and 2 sheets, value 10s.; the goods of Katharine Parke, her mistress:— HANNAH GIBB , for feloniously receiving 3 forks and 1 basket:— HANNAH RICHARDS , for feloniously receiving 6 forks, 1 basket, 2 shifts, 1 blanket, 1 rule, 2 bed-gowns, 1 shawl, 6 printed books, 1 flannel jacket, 4 spoons, 2 shirts, 1 napkin, 4 yards of damask, 1 box, 1 opera-glass, 2 sheets, 2 table-cloths, 1 gown-piece, and 1 pair of shoes:-and ELIZABETH BERKSHIRE , for feloniously receiving 4 spoons, part of the said goods, they well knowing them to have been stolen, against the Statute, &c.
MR. PHILLIPS. conducted the Prosecution.
KATHARINE PARKE . I am a widow, and live in Howland-street, Fitzroy-square, and have lived there seven years. The prisoner, Aitkin, has been in my service three years and a half—when I reduced my establishment, she left for two or three months, and then returned—she left of her own accord, then called and said she regretted it, and I took her again—she was in my employ when I discovered the robbery—the prisoner Gibb is her mother—Aitkin used to go out for a holiday about once a month—she might have gone out oftener without my knowledge—about the 17th of October, I was arranging my plate, and missed ten tea-spoons, and some large forks and spoons—I called Aitkin up immediately, and said, "Ann, I have lost some of my plate"—she said, "Impossible"—I said "It is gone: go down stairs, and think, and then come back and answer me"—she went down, and after some time I rang the bell for her, and said to her, "If you will restore my plate, I shall keep you in my house; however own it to me"—she afterwards gave me two forks and a tablespoon—that was after I had the conversation with her-two days afterwards I missed a silver paint-box, and two active Spanish bonds for £170 each—the bonds have never been found—when I missed the paint-box, I
said to Aitkin, "My paint-box is gone"—she denied knowing anything about it, but confessed it afterwards—when I asked her about it, she said, "What could I have done with it?"—I said "I really don't know what you have done with it, I only require to have it given to me"—I mentioned pawning to her, and she seemed horror struck at the thought—I mentioned the bonds, and she denied all knowledge of them—she at last requested that I would wait till the next Tuesday night at half-past nine o'clock, when all would be made right-a gentleman named Finden called on that Tuesday evening, on the subject of some drawings—after he called, I laid to Aitkin, about five o'clock, "Ann, strong measures must be taken with you, for my plate and bonds are gone"—she again requested that nothing should be done till half-past nine o'clock that evening, and I gave her liberty till that time—she left my house once that evening for about ten minutes—I remember a ring at the bell that evening, and Gibb, Aitkin's mother, came in—I said to Gibb, "Your daughter has stolen my plate and bonds, give her good advice, and all may be well yet"—Gibb said, "What could my daughter do with plate and bonds? it is impossible"—I told her Aitkin had confessed about the plate—Aitkin then came in, and Gibb said to her, "If you have stolen anything from your mistress, own it at once"—I then went into the back parlour, and on my return I found an officer there with the prisoner Richards—I said to Richards, "Do you want Mrs. Parke, or do you want Ann?"—she said, "No"—I asked her whether she was Ann's sister?—she said she was, and she gave up some duplicates immediately—the officers said they would search her—she said she would not speak to the men, but she would own the truth to me—the officers brought Aitkin into the room, and asked her, "Do you know that person?" pointing to Richards—Aitkin said, "As I hope to live, I never saw her all the days of my life"—Richards said, "Ann, Ann, am I not your sister?"—Aitkin then admitted that she washer sister—I heard another ring at the bell, and Berkshire came in—the officers then took all the prisoners away—on the Friday following I missed nineteen tea-spoons, and three dessert-spoons—I had tied them all up together in Aitkin's presence, she knew where they were, and had access to the place, and every place in the house, but they had been locked up.
Cross-examined by MR. BALLAHTINE. Q. When Richards gave up the duplicates, did she say her mother had given them to her to hold, while she, the mother, came in, and that was ail she knew about it? A. Yes; it was quite impossible all the things could have been taken at once.
MR. PHILLIPS. Q. you cannot tell when they were taken, or how?—A. No; this document is Aitkin's writing, and her signature—(read.)
"22nd Oct. 1838.—I promise to deliver to Mrs. Parke, the plate which is missing, in a fortnight or three weeks from this night. ANN AITKIN."
Aitkin. That is her own hand-writing—I put my name to it and then she sent for the officers.
MR. PHILLIPS. Q. Did she return the spoons to you? A. Yes—I said, "Ann, you promised to return me all my plate-you have only returned me these spoons"—she said, "This is all I can do."
MR. BALLANTINE. Q. you have spoken of two spoons, and one or two other articles—had you missed a great deal more plate? A. I had missed ten tea-spoons—I did not then know that I had missed a paint-box—after missing the paint-box, I said if she would return all my property I would forgive her—I did not know the extent of my loss at that time.
THOMAS FINDEN . I am an architect and surveyor. I called on Mrs. Parke on some business, on Tuesday the 23rd of October—Mrs. Parke made some communication to me—I afterwards saw Aitkin—I asked what she had been doing with the property that she had stolen from Mrs. Parke-during the conversation a ring came at the bell-an officer came in and brought in Richards—the officer asked Richards what she had got under her apron—she said, "Nothing"—he said, "Nothing, ay, what is under here?" she said, "Nothing"—he then turned up her apron, and there was a handkerchief with something wrapped up, and upon undoing it, it was an old leather pocket-book—I am quite certain she said there was nothing-another ring came to the bell, and Berkshire came in-before any thing was said to her, she said, "I don't know any thing about them"—the officer said, "Who don't you know about?"—she then said, "I will tell you God's truth, I am Ann's aunt"—the officer was about to search her, and she produced an old leather purse and some keys—she said, she had received the duplicates which the officer produced from the parse about a month before—the officer said, "Are you quite sure of that?"—she recollected and said, "Yes, I am sure it was about a month ago"—she said she had received them from Betsey—the officer said, "Are you sure of that"—she thought for some time and said she was quite sure of that, and it was a month before—the officer said, "How can you tell such a falsehood, this duplicate is only dated yesterday"—she said, "Oh, my God"—Mrs. Parke was extremely agitated and distressed.
Cross-examined. Q. Did all the conversation with Richards take place in the presence of Mrs. Parke? A. I believe it did.
WILLIAM MITCHELL . I am an officer of Marylebone office. On Tuesday the 23rd of October, I went to No. 4, Howland-street-Fryer accompanied me—I found Aitkin and Gibb, Mrs. Parke and Mr. Finden—I heard Aitkin say, "Oh, forgive me"—there came a ring at the door, and Fryer came in and brought in Richards with him—I asked Richards what she had got in her hand—she said, "Nothing"—I said, "lam sure you have, I will see," and I found a handkerchief, and in it this pocketbook, containing fifty-nine duplicates—I said, "How came you by this property?"—"To tell you the truth," she says, "Mrs. Gibb gave it me to hold while she came in"—there was another ring, and Berkshire came in—I saw her pull out a little purse, and in it were some duplicates—I heard her say she received them about a month ago from Betsey—atfirst she said they were her own—she afterwards said she had received them from Betsey—I did not hear all she said—I am sure she said they were given her by Betsy or Ann.
Berkshire. When I came to the door I asked for Ann, and they were her duplicates—she called on me the night before, and they were given to me.
JOSEPH FRYER . I am an officer. On Tuesday, the 23rd of November, I accompanied Mitchell to the corner of Howland-street—on my way I saw Richards at the corner of Russell-mews, about fifty yards from the prosecutrix, on the opposite side of the way—I went to her—I said, "Are you waiting for any person here, my dear?"—she said, "No"—I said, "Are you not waiting for your husband, who works over the way?"—she said, "No"—she then walked away—I watched her, and when she came to the corner of Russell-place she took to her heels, and ran as fast as she could—I followed, and brought her to Mrs. Parke's house, followed by the man who came and fetched us, as I did not know where Mrs. Parke lived—I
brought Richards into the parlour, and saw Mitchell take the pocket-book from her hand-Berkshire afterwards came in—she was brought in, and pulled out of her pocket this purse, and some keys—this purse, with the duplicates in it, is just as it was when it was taken from her—I asked, "Where did you get these duplicates from?"—she said, "From Betsey"—that was the first she said—she said, "I saw Betsey last about a month ago"—I said, "How can that be? you have got a duplicate here that was pledged only yesterday"—she said, "Oh, I forgot; I saw Betsey yesterday"—I then took possession of them, and have kept them safe ever since.
COURT. Q. Have you said the whole? A. Yes—when Berkshire came in she put the purse on the seat, with some keys—I opened the purse, and asked where she got the duplicates from—she said, "From Betsey"—I never heard her say that they were her property.
COURT to WILLIAM MITCHELL. Q. When she said they were her own, might that have applied to some keys that were there, or must it have applied to the duplicates? A. It might have applied to the keys or the duplicates, I cannot say which—there was such confusion at the time, we could not tell what we were about hardly.
THOMAS WALKER . I am shopman to my mother, who is a pawnbroker, at No. 41, York-road, Lambeth. I produce a tea-spoon, pledged on the 10th of May, 1838—I have the duplicate—it is attached to it—I have another tea-spoon, pawned on the next day—I have the counter duplicates to all these things, also a shirt and a napkin—I produce a silver box, pawned by a female, who is not in custody—I know the female perfectly well—she had been in the habit of using my shop—she was dressed exceedingly well—she said it belonged to her aunt—I have an opera-glass, pledged by the same lady—she did not look td me like a servant—the initials "H K P" are on the spoons—they were pawned in the name of Brown-here is "H K P," a horn, and a Latin motto, on this silver box—it was pawned in the name of Brown—I produce two sheets, pledged by the same person, a table-spoon, and two dessert spoons-"H K P" are on three of them, and "S L" on the other, from the same lady—on the 22nd of October I saw the prisoner Gibbs—she produced a duplicate of four spoons, pledged for 1l., and wanted to redeem part of them—she asked for the table-spoon—I wished her to pay 10s. for that—she could not give it me—she paid the interest, and had a fresh ticket made out—these spoons were pawned by the same lady-Gibb wanted me to take 8s. for the table-spoon, and I would not—I have compared seven of these duplicates with seven that Mitchell produced, and they all correspond.
Gibb. On my oath I never was in your shop-look at me, that is all I ask. Witness. I am certain it was you.
JAMES LOCKYER . I live with Mr. Marson, in Blackfriars-road, a pawn-broker. I have a dessert fork and the duplicate—it was pawned on the 27th of August by Gibb—on the 30th of August three table forks were pawned by the same person—they have been in the house two or three years off and on—I thought, by the way she spoke, that she was a char-woman, and had pawned them for her mistress—she said, "They are mine,"—she had pawned property three or four years, and came and paid for them, which put me off my guard—there are initials on them—I did not ask her what her mistress's name was—they never will give us the name if we ask them—she said, "They are mine"—I thought she was sent by some person—I knew her in the neighbourhood for six or seven years—I
produce this silver basket, pawned about the 18th of October for 20s.-Gibb came on the Monday following, and pawned a metal watch for 10s.—she came on the watch, brought the ticket of the basket and some wanted to redeem the watch, and said she would leave the basket and some forks—I have compared these duplicates with those produced by Mitchell—they all three correspond—they are all in the same name and address, "Ann Brown, housekeeper. No. 108, Broadwall," which is about two minutes' walk from our house—I should think that is two miles and a half from Howland-street.
WILLIAM TRANAH . I am shopman to a pawnbroker, and live in Tottenham-court road. I produce a table-cloth, pawned on the 8th of May—I do not know who by—I have examined a duplicate in the possession of Mitchell, and it corresponds with mine.
COURT. Q. Do you upon your oath swear you thought she was a lady? A. Yes—she was very well dressed and behaved herself as a lady.
JAMES SMITH . I am shopman to Mr. Jones, a pawnbroker, in High Holborn. I have a tea-spoon which was pawned—I do not know who pawned it—it is in the name of Mary Richards, No. 4, Gloucester-street—my duplicate corresponds with the one found by Mitchell.
WILLIAM CHARLES GRAYGOOSE . I am shopman to Mr. Basset, of Great Queen-street. I have a shirt pawned on the 3rd of March, 1838, by Richards, in the name of Ann Richards—I am sure it was her—I produce a book pawned on the 12th of October, in the name of Ann Richard., and a shift and bed-gown pledged by her on the same day—I believe it was her—I am not quite certain—they are pawned in the same name and address—I have a blanket for 2s. 6d., three boots for 2s., two towels, an apron for 1s. all in the same name and address—the whole amounts to 10s. 6d.
GEORGE KING . Hive with George Gray, a pawnbroker in Fleet-street. I have four books pawned on the 16th Of October, also a whittle, a flannel jacket, and a table-cloth—I have seen Gibb and Richards in the shop, and Berkshire, also, I believe, but I cannot swear to her—this is my hand-writing, and my name to this deposition—(reads)—"I have seen Gibb, Berkshire, and Richards, in my shop"—I feel certain in myself that I have seen her—I have examined two of these duplicates, and compared them with those produced by Mitchell, and they agree.
Gibb. Q. Did I ever pawn any of these? A. I cannot swear that—I believe I have seen Berkshire in the shop.
RICHARD SAYER . I am in the employ of my brother, in Drury-lane. I have a tea-spoon pawned on the 17th of September, in the name of "Ann Richards"—I know the prisoner Richards—she has pledged at my shop—I have examined this duplicate with the one produced by Mitchell—they correspond—I produce a gown-piece, a pair of shoes, a shirt, and towel—the two last were pledged on the 2nd of October, the gown-piece in September, in the name of "Ann Richards, No. 11, Queen-street"—she had frequently pawned at our shop—that is how I knew her—I cannot swear that she pawned these.
EDWIN HEWITT . I live in Drury-lane. I produce a rule pawned on the 14th of September, I cannot say by whom, in the name of "Ann Brown" a so a bed-gown and shawl pawned the same day, by the same person, I suppose, but I cannot say, they may have been taken in at the same time—there is a shift in the name of "Ann Richards"—I cannot recollect
whether that was pawned by the same person—I have compared the duplicates—they correspond with those found by Mitchell.
MRS. PARKE re-examined. This property is mine—there is no mark on this shirt—I will not say any thing is mine that I do not know—this book I know is mine.
MRS. PARKE re-examined. I received them—they were keys that opened my drawers, but they were not mine—I tried them, and two of them opened closets in which I deposited all my keys when I went out—these two opened drawers which contained the property I missed.
Aitkin's Defence. My sister is quite innocent—I never gave her a single thing—she knew nothing about them.
Gibb's Defence. I gave Richards the book with the duplicates to take care of till I saw how I got on.
AITKIN— GUILTY. Aged 23.
GIBB— GUILTY. Aged 53.
Transported for Fourteen Years.
RICHARDS— NOT GUILTY .
BERKSHIRE— NOT GUILTY .
(There was another indictment against the prisoners on which no evidence was offered.)
JOSEPH BUTT . I am a shoemaker, and live in Little Turnstile. I missed a pair of shoes on the 1st of November—these are mine—(looking at them)—I heard a cry of "Stop thief"—I ran as far as Bedford-street, where the shoes were picked up, and we desisted from the chase—I did not see the prisoner.
HANNAH DODD . I live in Little Turnstile, just opposite the prosecutor's. Between eight and nine o'clock that morning I was in my shop, and saw the prisoner take the shoes from the prosecutor's door—I am sure he is the man.
WILLIAM MANTON . I took the prisoner from information I received, in Lincoln's Inn-Fields, about half-past two o'clock on the 2nd of November. I took him to the prosecutor's, and Mrs. Dodd identified him as the man.
Prisoner. I did not see her till I got to the office.
GUILTY .* Aged 18.— Transported for Seven Years.
SARAH COOK . I am a widow, and live in Bryanstone-street. The prisoner lived with me—I discharged her on the 23rd of November, and paid her 1s. 6d. for a week's wages—I lost a pair of boots and a petticoat from my bed-room—these are mine—(looking at them.)
GEORGE ARNOLD (police-constable D 84.) On the evening of the 23rd of November, I took the prisoner to the prosecutrix—she told me she lived at 5, Burn's-placer—I went and found that was false—I came back—she
then told me she lived at No. 10, Cato-street, and there I found these things.
Prisoner. It is the first thing I ever did.
(The prisoner received a good character.)
GUILTY . Aged 16.— Confined Six Months.
(There was another indictment against the prisoner.)
GUILTY . Aged 20.— Confined One Month.
(The prosecutor did not appear.)
NOT GUILTY .
MARGARET SANDS . I am the wife of James Sands, of Bloomsbury, a lodging-house keeper. I let the prisoner a room—he lived in it a month and then left—I missed the sheets off the bed, and every thing from the room that he could make sixpence of—these are my sheets—(looking at them)—they were pawned at Mr. Newberry's, who produced them before the prisoner, and the prisoner said he had pawned them—he was not authorised by me to pawn them.
Prisoner's Defence. It was from poverty I did it, but with intent of returning them.
GUILTY .— Confined Three Months.
GEORGE WILLIS . On the afternoon of the 15th of November, about four o'clock, the prisoner came up-stairs in my master's coffee-house, and ordered a cup of tea, and toast, and bread and butter—the clock was then safe, but it did not go-in half-an-hour it was gone—I have not seen it since—I saw the prisoner go—he had his coat thrown over his arm, and something bulky under it—he had asked me before for the paper, and when he came down he said, "Never mind the paper now, I shall be back in an hour," and when I went up stairs there was some dirt on the table, and the works of the clock were all taken away-only the bare case hung up—there was no one else there—there were two ladies and a gentleman there half-an-hour before—the clock was there then.
Cross-examined by MR. PHILLIPS. Q. Is the clock-case here? A. Yes, this is it.
NOT GUILTY .
in Coventry-street, for breakfast—we had a clock there—I had seen it safe between eight and nine o'clock in the morning—we missed it half an hour after he was gone-no one else was there—the case and all was gone.
Cross-examined by MR. PHILLIPS. Q. Is it a large room? Yes, divided into boxes—there was no one there during the time the prisoner was there—he was there half-an-hour-people go in and out—I will not say, on my oath, that no one else went in—I saw no one go up—it was a large dial-a Mackintosh-cape would cover it.
NOT GUILTY .
WILLIAM ROBERT WEBBER . I am landlord of the Lamb public-house, in Turnstile. On Saturday afternoon, the 27th of October, between four and five o'clock, the prisoner and another person came to my parlour—I left them there alone—atthe expiration of ten minutes I went up, and they were gone, also the clock and case, which had been safe when I left them.
Cross-examined. Q. Are you sure there were any works in the case? A. Yes—I had seen it open the day previous—the dock went—I am the sole proprietor of the house—the prisoner and his friend were not dining, only taking a glass of grog—my house is well frequented—they and three more were all who were there that afternoon.
ARTHUR CAMPION . I was at the public-house that day—the prisoner and some other young man were there—I remained till a quarter to five o'clock—I left the prisoner, and the young roan, and the landlord, only in the room—the clock was safe then—I returned in about twenty minutes—the clock was then gone.
Cross-examined. Q. How long were you there? A. From ten minutes past four to a quarter to five o'clock—one gentleman came in, and left the room before I did—Mr. Webber must make a mistake when he said there were three persons-what I speak is correct—I am sure there was but one more person came in.
MR. WEBBER re-examined. Q. Did you mean three? A. The prisoner and his companion, and two more—there were one or two, and then there came in two, I think—they went out and left the prisoner and his companion there.
Cross-examined. Q. What time did Mr. Campion, come in? A. I cannot say to five minutes—I will say about four o'clock—there were two or three persons—I cannot say which—I will swear there were not four—I remember Campion going out, and no one came in after he went away.
(Alexander M'Intire, a messenger;—Dearman, of Harley-street, a hackneyman; and Francis Lownds; gave the prisoner a good character.)
GUILTY . Aged 21.— Transported for Seven Years.
and between five and six o'clock I saw the prisoner come and take it away—he walked off and dropped it—I took it up, and gave him in charge.
Prisoner. I had not the skin. Witness. Yes, you had, and I took you—I was set to watch the skins.
GUILTY . Aged 42.— Confined Six Months.
JOHN WRIGHT . I live in St. Paul's Churchyard. About a quarter before six o'clock on the evening of the 29th of November, I was in Watling-street—I missed my handkerchief—on turning I saw the prisoner and another man walking towards Friday-street—they turned up there—I followed them, and told a policeman—I overtook the prisoner near the top of Friday-street, in Cheapside, and he was then blowing his nose with my handkerchief—I asked if he had not been in Watling-street with another man—he denied it—the policeman then came up and took him—he then had my handkerchief in his pocket—this is it—it has my initials on it.
Prisoner. I picked it up in Friday-street.
GUILTY . Aged 21.— Confined Three Months.
EMILY HAND . I am single, and live in New Compton-street, Soho. I work in the same room with the prisoner—on the 27th of November I left my gown hanging there, and the prisoner was in bed—when I returned in the evening she was there, but my gown was gone—I asked if she had parted with my dress—she said, she had not—I told her if she had, to deliver me the ticket, or tell me where she had parted with it, and I would forgive her—she did not tell me—this is my dress—(looking at it.)
Prisoner. Q. Did you not tell me to take your dress? A. No—I wanted it particularly in the evening.
Prisoner. She was distressed—I got her into work.
GUILTY . Aged 34.— Confined Three Months.
MR. BALLANTINE conducted the Prosecution.
JAMES DALE . I am assistant to my father, John Dale; he is a master carman, and lives in Stoney-lane, Tooley-street. On the 10th of January I gave Dennis two hogsheads of sugar—he was a carman of ours—I had known the prisoner before—he had been in our employ six or seven months—Dennis was to take one hogshead to Mr. Sayers, and another to Mr. Davies, of Cullum-street—he was gone longer than he ought to have
been—I went in search of him, and found the cart standing in Fenchurch-street, not far from Mr. Davies's—he had then been gone about two hours, and it was only five minutes' walk from Mr. Sayers' to Mr. Davies's-before I got to the cart I saw the prisoner get out of it, jump off the shaft, and run away—I have not the least doubt he is the man—I had an opportunity of seeing him enough to know him—Dennis was by the side of his horse, and when he saw me he ran off—I have not seen him since—I took the horse and cart to Mr. Davies's, and then I got into the cart, and found a bag of sugar alongside of the hogshead—that sugar had been taken from the drawing-hole—the tin was off it—there were 83lbs. weight of sugar in the bag, the same as that in the hogshead; and there was an iron hoop in the cart, with which they had worked the sugar out, and the sugar was on the hoop—I took the hogshead back to Mr. Savers', and it was weighed—it weighed 14cwt. 7lbs., and in the bag was 83lbs. weight, which would make up the weight that was originally in the cask.
Cross-examined by MR. PRENDERGAST. Q. What time was this in the day? A. From twelve to two o'clock—I had known the prisoner a long time—I do not know that he lived in the very street that I do—I do not know whether the sugar-house is in Lambeth-street—I saw the prisoner get out of the cart very plainly—I knew him very well—I dare say I saw his face for two or three minutes—I saw the cart standing still—I did not hurry myself to go up to it—there is no doubt but the prisoner saw me for two or three minutes.
EDWARD DAVIES . I live in Cullum-street On the 10th of January I ordered a hogshead of sugar of Mr. Sayers—it was to be sent to me, but it did not arrive so soon as it should—it ought to have weighed 14cwt. 3qrs. 6lbs.
Cross-examined. Q. Did you know the prisoner? A. No, I never saw him till he was at Lambeth-street.
JOHN ISAAC POHL . I am house-clerk to Mr. Davies, a sugar-refiner in Lambeth-street. On the 10th of January I saw a cask of sugar weighed at his warehouse—it weighed 14cwt. 3qrs. 6lbs.—I have the book in which I put it down—I saw it loaded into Mr. Dale's cart—I did not know where it was going.
Cross-examined. Q. Did you weigh it? A. No, the warehouseman did—I saw the weights in the scale—the man puts the weights into the scale, and then calls out the weight—but I always look at the weights myself—I do not move them before I look at them—I will undertake to say I saw those weights—it was the weight of the first hogshead, No. 251.
MR. BALLANTINE. Q. That No. 25I was the weight you have mentioned? A. Yes—I sent a note of the weight with the cart.
Cross-examined. Q. What do you mean, that he had absconded? A. I do not know—I was not aware he was wanted till a fortnight before, and then he was in the House of Correction—when I brought him away, he said he was there charged with stealing sugar from the London Docks, but he had not stolen it, though he had been there for two months.
Cross-examined. Q. Did you go to look after him yourself? A. No, the officers of the Thames Police did—they stated they had been to his house for him.
JAMES LEE . I know the Magistrate's signature. I saw the prisoner examined, and heard what he said-what is down on this examination it what he told me, and what he said at the office—(read)—"The prison" says I was not in the cart, and know nothing of the transaction at all."
(Two witnesses gave the prisoner a good character.)
GUILTY . Aged 18.— Transported for Seven Years.
Fifth Jury, before Mr. Sergeant Arabin.
205. FRANCIS DURBAN was indicted for stealings on the 25th of November, 10 planes, value 5s.; 2 saws, value 1s. 6d.; 4 hinges, value 1s.; 6 chisels, value 1s.; 1 stock, value 2s. 6d.; 30 bits, value 1s. 6d.; 2 squares, value 1s. 6d.; 1 gimlet, value 2d.; and 1 brush, value 3d.; the goods of George Maberley.
(The prisoner being deaf and dumb, had the evidence explained to him by signs.)
CHARLES MILLS (police-constable T 72.) I was on duty at New Brentford, on the evening of the 25th of November, at half-past seven o'clock—I met the prisoner in the street—his pockets appeared bulky—I took him to the station-house, and found in his pockets the tools stated—the sergeant wrote down questions on the slate to the prisoner, and he said he had the tools from his uncle at Hanwell—I went there, and found it was false.
GEORGE MABERLY . I live at New Brentford. These are my tools—I lost them from my workshop yesterday week—I know the prisoner perfectly well—I had employed him the same day—I never gave him these tools.
Prisoner (through an Interpreter.) I meant to put them back again—I will never do it any more.
(The prisoner received a good character.)
GUILTY . Aged 29.— Confined Eight Days
206. RICHARD VARLEY was indicted for stealing, on the 15th of October, 4 salt-cellars, value 14l. 10s.; 2 mustard-pots, value 4l. 10.; 4 muffineers, value 6l. 10s.; 1 wine-funnel, value 2l. 8s.; 1 bell, value 2l. 12s.; 2 cups, value 6l. 8s.; 3 tea-pots, value 33l.; 1 coffee-pot, value 14l. 17s.; 1 sugar-basin, value 8l.; 1 jug, value 5l. 14s.; and 1 watch, value 20l.; the goods of Henry John Lias and another, his masters.
MR. DOANE conducted the prosecution.
HENRY JOHN LIAS . I live at No. 8, Finsbury-square. The prisoner was in the employ of myself and partner, for three months, as clerk and town traveller, at 80l. a year—it was his duty, among other things, to carry out goods on approbation—on Friday, the 12th of October, I sent him out with the articles here enumerated—he was to show them to a person in the City, and bring them back—he did so, and also on the following day—on Monday, the 15th, he took them again, and asked me if he might take the gold watch in the drawer to show, saying, "I
think you said you would take 20l. for it?"—I said yes—I have the book in which is the list of the things enumerated, with the exception of the gold watch, and they were entered on the 12th—I saw no more of the prisoner till the 6th of November, when I found him in custody—I have never got my gold watch, and there is one child's cup missing—the value of the whole property was about 118l.
Cross-examined by MR. JONES. Q. Did you receive a good character with the prisoner? A. I did, from Mr. Savory—I allowed him no commission in any way—I have never made any remuneration or present to him after he had sold a lot of goods for us, and never promised him any—on one occasion he took a journey into the country, and was absent seven or eight days—he charged his expenses, and I paid him—I did not allow him any thing as a present to himself—I never promised him a commission or bonus on what he sold-no conversation ever took plate between us on the subject—he has been trusted with property to a larger amount than this—I should say 500l. or 600l.—I think not to the amount of 800l. or 900l.—he was authorised to sell all the articles with the exception of one tea-pot, which was a pattern one—he was authorised to sell the rest at the price fixed in the indictment, nothing below that—I swear he had no discretion—I left nothing to his judgment—the amount of the whole was 118l.—he was not authorised to sell at less than that—he would not have been allowed to sell at five per cent off that—I had taken the per centage off—his directions were to sell them for ready money—the party he went to, Mr. Savory, was a ready-money customer—he was not restricted from selling them to any other person, if he sold them at the price fixed—he has not on other occasions exercised his own judgment, as to what price he was to sell at—I gave him these on the 12th, and the last time I saw him was on the 15th—he locked them up in the iron safe, on my premises, at night, and took them out in the morning—these were quite new goods, and fashionable articles—they were what is called, "shaped"—some of them were very richly chased-a great part of the work was done by the maker, and that is very expensive-if it had been left as it came from the maker, it would not be plain, it would be shaped—the shaping is the ornament—this is a shaped tea-pot—(showing one)—it is chased-part of it was done by the maker, and part by the chaser-if it were shaped only, it would be much cheaper than if it was chased—this is not the cottage tea-pot—the prisoner had no authority to sell this tea-pot at any price—this is the one that was merely for show—he was to sell the others by weight and fashion—he would have sold them by the whole set—I have a copy of the list which he took with him—I did not make it at the time—I made it from this book, which contains the list of the articles, but not the prices—the prices he had with him—I made out this list after his apprehension, not after I had indicted him, nor after I had charged him at the police-office—it was after I caused him to be taken into custody—I was not straitened in circumstances for ready money at the time I gave the prisoner these articles—I did not tell him when I gave him them, that they and other stock must be turned into money, as I did not know how to turn, or how to go on for cash—he might have sold these things for 118l. with the exception of this tea-pot—he had no general authority to sell to whom he chose, without he sold for ready money—these articles would be worth about 12s. an ounce to a trader-8s. or 10s. would not be a fair price—there are articles here
that are 16s. an ounce—I do not know that there are silversmiths who would sell them for much less than that.
MR. DOANE. Q. You have stated a price below which he was not to sell these articles? A. Yes—he was not authorised to sell any at the rate of 8s. 6d. an ounce—the price at which he was to sell them would average about 12s. an ounce—I did not authorise him to walk off with the gold watch—this is the property he had—(looking at it.)
SAMUEL LAWRENCE . I live in Agar-street, Strand. On Sunday, the 4th of November, I received this letter, in consequence of which I went to the Russell coffee-house, in Windmill-street—I found the prisoner there—I ultimately bought this property of him, for 70l. 10s. 9d., at 8s. 3d. an ounce—I paid him some on account—I sold it the next day to Mr. Solomon, for 81l. 4s.
Cross-examined. Q. Was 8s. 3d. a fair price? A. It was.