CENTRAL CRIMINAL COURT.
SECOND SESSION, HELD DECEMBER 17, 1838.
MINUTES OF EVIDENCE,
Taken in Short-hand
BY HENRY BUCKLER.
GEORGE HEBERT, CHEAPSIDE.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Held on Monday, December 17, 1838, and following Days.
Before the Right Honourable SAMUEL WILSON , LORD MAYOR of the City of London; Sir Joseph Littledale, Knt., one of Her Majesty's Justice, of the Court of Queen's Bench; Sir James. Parkle, Knt., one of the Baron, of Her Majesty's Court of Exchequer: Sir Claudius Stephen Hunter, Bart.; Sir William Heygate, Bart.; William Venables, Esq.; William Thompson, Esq.; Sir John Key, Bart.; William Taylor Copeland, Esq.; Aldermen of the said City: the Honourable Charle. Ewan Law, Recorder of the said City; James Harmer, Esq.; John Pirie, Esq.; William Magnay, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and William St. Julien Arabin, Sergeant at Law; Her Majesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
WILSON, MAYOR. SECOND 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, December 17th, 1838.
First Jury, before Mr. Recorder.
265. ELLEN LEWIS was indicted for stealing on the 20th of October, 1 basket, value 1s.; 3 bed-growns, value 6s.; 1 shirt, value 1s.; 1 pinafore, value 1s.; 1 towel, value 6d.; 1 shirt, value 1s.; 2 other shirts, value 8d.; 1 petticoat, value 4d.; and 1 pillow-case, value 6d.; the goods of John Hulbert.
CHARLOTTE HULBERT . I am the wife of John Hulbert, and live in Jane-street, St. George's-east. On the 20th of October I sent a little boy named Thomas Lee, who is seven years old for some things which I had sent to be mangled at Mrs. Spindler's, in Charles-street—he did not bring them back.
HENRY LAURENCE . I am shopman to Mr. Carpenter, a pawnbroker in Charles-street. On the 22nd of October the prisoner pledged a bed gown with me for 1s., and on the 24th a frock, a pinafore, and two shifts—she afterwards came and offered some other things, which Mrs. Barling, who was in the shop at the time, said belonged to her, and the prisoner was taken.
MRS. HULBERT (re-examined.) This bed-gown and pinafore are part of the things I sent the child for—how they got out of his possession, except from his statement, I do not know.
DONALD MACKAY (Police-Constable K 76.) In consequence of some information I had, I went to the prisoner's house in Back-road, with Lee and Mrs. Hulbert—I said to her, "Have you seen Lee?"—she said she. never had—I then asked how she became possessed of the things which Mrs. Hulbert claimed—she said she found them on the Saturday week before,
at a place called the Black Man's Coal-shed—I took her into custody, and after coming to the station-house some questions were put to her by the sergeant, and she confessed she had taken them from the boy on the night in question—he simply asked her, before he booked the charge, what the had got to say, and f he said she was guilty of it—that she did see the boy, and took the basket from him on Saturday, the 20th of October—that was in answer to questions put by the sergeant.
Prisoner. They told me I had better say it, and I should get nothing done to me. Witness. No such observation was made—Mrs. Hulbert was there at the time, and heard the conversation.
MRS. HULBERT (re-examined.) She said she had met the boy, and had taken the things, and she was very sorry for it—the sergeant questioned her—he asked where she first saw the boy, and she said, at the end of Charles-street.
NOT GUILTY .
NOT GUILTY .
OLD COURT.—Tuesday, December 18th, 1838.
Second Jury, before Mr. Recorder.
GUILTY . Aged 24.— Transported for Fifteen Years.
268. JOSEPH JACKSON was indicted for stealing, on the 4th of December, at St. Botolph without Aldgate, 1 gelding, value 5l.; 1 set of harness, value 1l.; the goods of Thomas Kinch; and that he had been previously convicted of felony; to which he pleaded
GUILTY . * Aged 25. (See First Session, page 40.)
Transported for Life.
269. JOHN SHERWIN was indicted for breaking and entering the dwelling-house of Mary Ann Laurence, on the 30th of October, at Edmonton, and stealing therein 1 shirt, value 1s.; 3 shifts, value 3s.; 1 apron, value 1s., and 1 cravat, value 1d., her property.
MART ANN LAURENCE . I am a laundress, and live in the parish of Edmonton. On the 30th of October, I had the things in question belonging to my customers—I left home at seven o'clock in the morning, leaving James Rapley, ray lodger, in the house—I returned at half-past six o'clock in the evening, but did not miss the articles till next morning—I found the key inside the shutters, as I had agreed with Rapley—there was no appearance of breaking into the house.
HENRY WILLIAM RUSSELL . I am a pawnbroker at Tottenham. On the 30th of October, between six and seven o'clock in the evening, the prisoner came and offered to pledge a sheet, two shifts, and an apron, for 3s. 6d.—I questioned him—he gave me very unsatisfactory answers, and I sent for the officer—he gave his name John Wood—I noticed "J W" on
the shirt, but the other things were marked differently—there was an apron and a piece of cambric muslin also—he went away and was to come again in the evening, and when he came I gave him into custody—he then said, "In fact, if I must tell you, I found the things in a hedge"—he had told me at first that his mother sent him, and she lived in Roebuck-court, but when he came back he said he had no mother, that she was dead.
JOHN FOWLER . I am a constable of Tottenham. I was sent for to the shop about seven o'clock, and was placed in a private box—I heard the prisoner's voice when he came in, and he said his mother had not returned, that he had been to see, and he wished to have the things back—I knew his voice, and went into the box and took him into custody—I asked how he accounted for the things—he said, he had found them in, the Hide, at Edmonton, covered over with some leaves.
(Property produced and sworn to.)
CHARLES THOMAS DERRY . I am an officer of Edmonton, and live next door to Mrs. Laurence. On the 30th of October, I was in my own house and saw the prisoner—I had not my police clothes on—he asked me if Mrs. Laurence was at home—I said, "No"—he then opened the window shutters and said, "Here lies the key"—I said he had better let the key alone and shut the shutters, and go over to the public-house till Mrs. Laurence came home—he went over to the public-house, and what he did afterwards I do not know.
JAMES RAPLEY . I lodge at Mrs. Laurence's. I left the house about ten o'clock on the 30th of October, and returned between eight and nine o'clock at night—I had put the key in the window and bolted the left-hand sash—a person outside could get at it—I locked the door—two parcels of linen laid on one side of the room, and another on the other side.
(MR. HORRY, the prisoner's counsel, stated, that poverty had led him to commit the offence, and that he threw himself on the mercy of the Court.
JOHN FOWLER re-examined. The prisoner was sent to me on the Friday previous to the robbery by the overseer of the parish, with a note requesting me to give him a night's lodging and some food—he was in the greatest distress indeed—it is quite common in our parish to do so—to send them to me as vagrant—the parish pay me for the meal, and I find them a lodging in the station-house—I do that with the authority of the overseer—we do not take them into custody—we do not lock them up—we put them where there are rugs and things—they can walk out if they please—it has been the custom in our parish ever since I can remember—the prisoner bad applied for relief—there is a relieving district officer, or something, who sends people to the station-house frequently, two or three nights a week—I do not know under which of the Poor Law Acts he does that—I sent him next morning to the Relieving Officer of the Poor Law Union, Mr. Hadlington, and he brought me word that Mr. Hadlington desired him to go to Guildford, where I suppose he had told him he belonged to.
MR. HORRY to MART ANN LAURENCE. Q. Did you know him before at all? A. I have known him from his birth—his mother died in child-bed, and he was left quite destitute—I believe what he did was through want.
GUILTY . Aged 16.—Recommended to mercy in consequence of hit destitute state. Confined Two Months.
270. HENRY JONES was indicted for breaking and entering a building within the curtilage of the dwelling-house of William Hurst Ashpital, on the 24th of November, and stealing therein 1 goose, price 5s., his property.
BARNABUS KIRKBRIGHT . I am in the employ of William Hurst Ashpital, who is master of a brick-field and gravel-pits—there is a dwelling and a counting-house in the field, which I live in—the goose was lost from a shed, a little distance from the house, on the 24th of November—it is an open field—there is no fence—I found it afterwards at the prisoner's premises, No. 26 College-street, still alive—this is it—(looking at it)—I know it by a brown feather in its back—it weighs 13lbs.
Cross-examined by MR. BODKIN. Q. Have you not a great many geese? A. No; we have had a good many, but have only two now—we have a gander with a large brown feather, but it is larger than this—we have not had a great many all with brown feathers—this is a young one—we have had it ever since May—I knew his father before him.
JOHN GILLIVER (police-constable N 8.) The prisoner was a policeman in the same division as me. On Thursday, the 29th of November, in consequence of information I went to his house with Kirkbright—the prisoner was on duty at the time—his wife let me in—I went into the back yard and found the goose, which has been identified—Kirkbright said, before I found it, that there was a particular brown feather under its wing, which I found to be the case—the prisoner came to me about an hour after I had been there—I told him I had taken the goose from his house, and be must remain at the station-house till I went to the superintendent—he said, "Very well," he could very easily clear himself—I said I hoped he could—he said he bought it of a man at Stratford, named Osborne, for 3s., and wished he might be sent for—I went to Stratford next morning, and saw the man—he is not here—the prisoner was acting sergeant at the time—he lives a quarter of a mile from where the goose was taken—his duty would take him to the place—he has been in the force nearly four years—Osborne is his wife's brother—I do not know whether he was in the habit of going there to see his sister.
(The prisoner received a good character.)
NOT GUILTY .
271. HENRY JAMES RICKETT was indicted for stealing, on the 27th of September, 1 hydrometer, value 3l.; 3 printed books, value 11s.; 1 table-cloth, value 7s.; 1 pair of boots, value 5s.; 9 knives, value 10s.; and 12 forks, value 7s.; the goods of Henry Rickett.
HENRY RICKETT . I keep the John Bull public-house, in Brewer-street, St. John-street-road. The prisoner is my son, and lived with me—I missed the hydrometer about a fortnight back—I charged the prisoner with having taken it, and he gave me a duplicate—I lost all the articles stated in the indictment.
JOHN MOSS . I live with Mr. Moss, a pawnbroker, in Goswell-road. I produce an hydrometer, pawned on the 4th of December by the prisoner, for 14s. 6d.—I am certain of his person—the duplicate produced is what I gave him.
other things, pawned by the prisoner in October and September—I am certain of him—I had seen him before.
(Property produced and sworn to.)
Prisoner. I was turned out of doors for three months.
HENRY RICKETT re-examined. I had turned him out of my house—he had no means of support that I know of—he is a butcher by trade, and had a vey excellent situation at Hampstead, but chose to leave of his own accord, and came back to me—I turned him out of doors for repeatedly stealing things about last July or August—he was absent between two and three months, during which time he has been in the habit of obtaining money from various persons in my name—I have paid a great deal—he Is the eldest of five children—he has got into bad company, and got acquainted with a young man named Beby, who, I believe, has made a tool of him.
GUILTY . Aged 20.— Confined Three Months.
272. EDWARD ROWLAND and JOHN ASHTON were indicted for stealing, on the 7th of December, 28lbs. weight of sugar, value 20s. the goods of James Donmett Jackson; and that Rowland had been previously convicted of felony.
FREDERICK JACKSON . I am servant to James Donmett Jackson, a grocer, in Watling-street. On the 7th of December, between six and seven o'clock in the evening, I saw the prisoner Rowland take some sugar off a box by the shop-door, and go down the street with it—he dropped it at the next house but one—I rapped at the partition for my brother to come oat, and we followed him—Ashton was running down the street before Rowland—I had not seen him about the shop.
RICHARD GEORGE TATHAM . I am an officer of Cordwainers' Ward. I saw the prisoners leaving Mr. Jackson's shop-door—Rowland had a bundle in his arm, and, about six yards from the door, (whether they were changing it from one to the other or not I do not know, but) the sugar fell between the two—I took Rowland, and the watchman collared Ashton, round the corner, in Bow-lane—I am certain I saw them both come from the door with it, together, and go into the road together.
JOHN HARVEY . I am a watchman. About eight o'clock at night I heard a call of "Stop thief," and I saw Street and Tatham running after the prisoners—Rowland fell down, and Street took hold of him—followed Ashton, and took him in Bow-lane, without losing sight of him.
CHARLES BURGESS . I am an officer. I produce a certificate of Rowland's former conviction, which I got from Mr. Clark's office—I was present last May, when he was convicted of breaking a window, and taking out four books—(read)—I was present when he was tried, and am certain of him.
ROWLAND— GUILTY . Aged 15.— Transported for Seven Years.
ASHTON— GUILTY . Aged 17.— Confined Six Months.
JOHN BENJAMIN HOOKER . I am a cheesemonger, and live in Brick-lane. The prisoner was in my service—I am in the habit of sending change to Mr. Sowerby, the pawnbroker, twice a week—I employed the prisoner to take it—on the 27th of November I sent him with 20l. to Mr. Sowerby, 15l. in half-crowns, shillings, and sixpences, and 5l. in coppers—he never returned—I found him in custody on the 3rd of December.
Cross-examined by MR. HORRY. Q. How long had he been in your employ? A. Twelve days—I received an excellent character with him, and he conducted himself to my satisfaction—he pleaded illness—we thought he was ill, and did not wish him to do a great deal of work.
JAMES MARLOW . I am shopman to Mr. Sowerby, of Brick-lane. I am in the habit of receiving change from Mr. Hooker—the prisoner has brought it twice—he brought none on the 27th of November—I rather think Mr. Sowerby was at home that day—he could not bring it without my knowledge—I will undertake to say it was not brought.
CHARLES GEORGE TINNEY . I am high constable of the Finsbury Division. In consequence of information I received, I took the prisoner into custody, at Sadler's Wells Theatre—I told him I wanted him—he said, "I know what you want, I will go with you quietly"—at the station-house I said it was 25l. he had robbed his master of—he said no, it was not 25l., it was 20l., consisting of 15l. in silver, and 5l. in copper—that he was very sorry for what he had done, and it was in consequence of a female having misled him—I found five sovereigns and a shilling on him, and a bill for a suit of clothes, which he had on.
Cross-examined. Q. I believe you knew him before? A. Yes, for about a year and a half—he lived as shopman, opposite me, and always bore a good character.
(The prisoner received a good character.)
GUILTY . Aged 23.—Recommended to mercy by the Prosecutor and Jury.
Confined Six Months.
THOMAS HAYNES . I am post-boy at the George, at Hounslow. On the 5th of September I was on the road—I took the prisoners up in my post-chaise, and drove them to the One Ton, at Brentford—I set them down there—I lost my whip from the chaise—I had seen it safe when I put it in the chaise, at Piccadilly—nobody but them had been in the chaise since then—I went back to the One Ton, and the prisoners were gone—they were afterwards found at Lee's lodging-house.
James Watts. Q. What o'clock did you leave London? A. Two o'clock, and got to Hounslow between four and five o'clock—there was one person outside the chaise—you were taken into custody about ten minutes after I missed the whip—the landlord assisted you and your wife out at Brentford—I took up the man that was outside, at Kew-bridge, and put him down at Hounslow—he was not inside the chaise at all—we went into the One Ton, and had a glass of gin at the bar—your wife had a bundle then—I will take my oath nobody but you had access to the chaise from London to Hounslow.
James Watts. I knew nothing of the whip till my wife showed it to me, after he was gone—I went to the door, but he was gone too far to return it to him.
HUGH SANDILAND (police-constable T 8.) On the afternoon of the 5th of December I received information from Haynes, and went with him to several lodging-houses—we found the prisoners at Lee's lodging-house about five o'clock—I asked the male prisoner if he had a bundle—he said he had—Lee fetched it out of another room—I opened it, and found the whip in it—he said the bundle was his before it was opened, and that be knew nothing about the whip.
James Watts. Q. Were you in ft policeman's dress when you came to me? A. I was not; but I told you who and what I was—the prosecutor was present, and he pointed you out as the man he had brought down in his chaise—you were looking stedfastly at him—the bundle contained both men and women's apparel.
(The prisoners put in a written defence, stating that they found the whip on the top of their bundle after the prosecutor was gone; that James Watts went after him, and not being able to find him they put it into the bundle, intending to give it to him next day.)
JAMES WATTS— GUILTY . Aged 30.— Confined Two Months.
MARY WATTS— NOT GUILTY .
LUCY BOWLING . I am eleven years old, and live with my father, who keeps an earthenware shop in High-street Camden-town. On the evening of the 6th of December, about six o'clock, I was up stain at the first floor window, and saw the prisoner take three cups and three saucers off a table outside the shop—I told my mother—she told my father, and he went after him with a young man.
JACOB SAMUEL BOWLING . I am the father of last witness. In consequence of what my wife told me I went out—I gave up the pursuit, but soon after the prisoner passed my place, and I took hold of him—I saw him come out of a field with the things in his possession—I found the three china cups and saucers and a dish of mine—I asked him how he became possessed of them—he said he had them given to him, but told the police-man he found them in the mud—they had no mud on them, they had been outside my shop, but within a fence—my child could see them taken. (Property produced and sworn to.)
Prisoner. It was through distress.
(The prisoner received a good character).
GUILTY . Aged 21. Recommended to mercy.— Confined One Month.
MR. BODKIN conducted the Prosecution.
JOHN HARRINGTON . I am a labourer. I was at work on Lord Mansfield's premises on Saturday, the 8th of December—the men go to dine about one o'clock—about half-past one o'clock I was in the garden, and saw two men walking outside the palings coming up inside in the
shrubbery—the prisoner was one of them—he was carrying a sack on his back—I went to meet them, and when I got about twenty yards from them he threw the bag from his shoulder, and both walked away very quickly from me—I went to the sack, and found lead pipe in it—I called to my fellow-workman, George Tilyard, to follow them—this is the sack and the pipe—(looking at them)—the pipe belongs to the Earl of Mansfied—I afterwards went to the place where the lead pipe was kept in the grounds, and observed some small bits of flesh on the spikes.
Prisoner. At the first examination he said he did not know me at all, and the next examination he said he did know me. Witness. I am sure I knew him—I never expressed a doubt about him.
GEORGE TILYARD . I am a labouring man. I was at work on Lord Mansfield's grounds—I heard Harrington call out about twenty-five minutes after one—when I came out I saw the bag and the lead lying in the field—he pointed out to me the direction in which they were gone—I went in pursuit, and in about five minutes overtook the two men—I got within twenty yards of them, but did not stop either of them—I noticed them sufficiently to be able to say the prisoner is the one I spoke to—I told him to stop—I am certain of him—I have no doubt—he did not stop, but ran on—they got over the fence, and ran into the wood—I called to our carpenter and others to pursue them—I did not notice any thing the matter with either of the men's hands myself—I looked at the fence where the lead was taken from, and saw the appearance of flesh and skin, as if somebody had been torn by the hook or spike—I did not see any blood.
THOMAS HENDERSON . I am a carpenter. I was at work at Lord Mansfield's this day, and pursued the prisoner, who was running from the ground in consequence of an alarm—he was in my sight two or three times on the grounds—I did not exactly follow him, but went round in a different direction—he got away—I have no doubt of his identity—I first saw him about a quarter of a mile from the garden, but on the grounds.
JOSEPH WILLIAMS . I am a constable of Highgate. On the 8th of December, information of the robbery was given to me, about ten o'clock at night, and a description of the two persons—I went to Dottur's-alley, Highgate, and met the prisoner, and took him into custody—in consequence of information I examined his hand, and found the fourth finger with a piece of rag wrapped round it, and his hand stained with blood.
GEORGE COCKBURN . I am gardener to Lord Mansfield. This lead is his—it was used near one of the ponds—I saw it safe one day last week—I have no hesitation in saying it was removed from the place not three hours from the time I was informed of it, from the freshness of the ground where it had laid—it is worth about 2l.—there was 135lbs.—it was not fixed—it was used as a siphon to empty the pond.
Prisoner's Defence. I was at home at the time it happened, having my dinner at half-past one o'clock—I went down to Camden Town between ten and eleven o'clock, and as I came along they took me into custody.
GUILTY . Aged 20.— Confined Three Months.
JOHN ROBERT GRAHAM . I am a warehouseman, and live in Aldermanbury. About half-past eight o'clock on Tuesday evening, the 4th of December, I was walking in Broad-street, St. Giles's, I felt a touch at my right-hand pocket, I turned round and saw the prisoner—he immediately ran away, with the handkerchief in his left-hand—he threw it down—the policeman took it up—he ran down Drury-lane, and was stopped in about five minutes—I am certain it was him—I saw no one near me but him.
RICHARD LOCK (police-constable F 148.) I was on duty in Broad-street—I heard the cry of "Stop thief," and saw the prisoner running away with the handkerchief—he threw it away—I picked it up and followed him into Drury-lane, where he was stopped, and I took him into custody.
Prisoner's Defence. As I was going along the handkerchief was chucked on my shoulder—I heard a cry of "Stop thief," and threw it off me—I did not know whether it was a dirty rag, or what it was.
GUILTY . Aged 18.— Confined Three Months.
NEW COURT.—Tuesday, December 18th, 1838.
Fifth Jury, before Mr. Sergeant Arabin.
278. MARY SULLIVAN was indicted for stealing, on the 4th of December, 1 bonnet, value 3s.; 1 pair of boots, value 1s.; 1 bed-cover, value 2s.; 2 caps, value 1s. 6d.; 1 comb, value 6d.; and 1 apron, value 6d.; the goods of William Swift; to which she pleaded
GUILTY .* Aged 46.— Transported for Seven Years.
279. GEORGE WEBB was indicted for stealing, on the 8th of December, a waistcoats, value 7s.; 1 shirt, value 4s.; 1 pair of browsers, value 7s.; and 1 flannel jacket, value 2s.; the goods of Frederick Herring Hill; to which he pleaded
GUILTY . Aged 22.— Confined Three Months.
GUILTY . Aged 14.— Confined Six Months.
GUILTY . Aged 16.— Confined Three Months.
GUILTY . Aged 35.— Confined Four Days.
EDWARD MARSHALL HARRIS . I live with Charles Butler Harris, he is my master and brother, and keeps a shop in Nicholas-lane; he sells cocoa, tea, and coffee. I have known the prisoner upwards of a month—he is a watch-patrol—he asked me to take some tea from my brother without his knowledge—he came to me one night, and said there had been a man there who, when he came home drunk, used to give him some tea, not to say any thing about it—I told my brother, and he told me perhaps he was doing it to try my honesty, and to take something and offer to him, if be came again—I took some cocoa and offered to him—he took it—he put it into his pocket, and took it off home—he was taken the last time he came, and the tea was found upon him.
Prisoner. He called me into the house, and told me there was no harm in it, as he was a partner with his brother—he pushed it into my pocket—it was given to me as a present.
JAMES PEARCE . I am in the service of the prosecutor—I saw the prisoner come in one Monday evening, when my master was gone to Croydon—he stood by the fire, and said, "I should like some of that cocoa" Marshall said, "I cannot give you any, for fear my master would miss them"—the prisoner said, "I should like some of that gunpowder tea,"—Marshall opened the canister, and put the scoop in, and said, "I cannot reach it"—the prisoner got some tea.
Prisoner. Q. Did you not hear him call me into the place, and tell me he was in partnership with his brother? A. No, you said, "He won't tell your master, he is a poor man's son, he may have to do it himself some day."
CHARLES BUTLER HARRIS . This tea and cocoa are mine—(looking at them)—it was marked previously by direction of the officer—the prisoner was searched in my counting-house, on the 19th of November, and it was found on him—he received the cocoa half an hour before he took the tea—he asked me to pardon him, and said be would go down on his knees a hundred times for me to pardon him.
Prisoner. I have been twenty-two years a soldier, and never had any thing against my character.
GUILTY . Aged 32.— Transported for Seven Years.
ANN CROWLEY . I am the wife of William Crowley, he lives in Bury-place. I had a gown hanging out to dry, in a drying-ground at the end of my house, on the 3rd of December—I missed it—I did Hot know the prisoner—this is it—(looking at it)
JEREMIAH MANNING . Larkin and two others gave me information—I followed the prisoner, and overtook him in Charles-street—he turned and faced me—I said, "What have you been thieving in Bury-place?"—I took hold of his collar—he made a blow at me—I pulled his coat open, and this gown fell from under his coat, and he ran away.
Prisoner's Defence. It is all false—I never saw the man before.
GUILTY . Aged 19.— Confined Three Months.
SAMUEL VERILY . I live in Devonshire-place, Lisson-grove. This copper was offered to me for sale by the prisoner, at No. 3, Union-street, Lisson-grove, on the 28th of November—he asked 5d. per 1b.—I never saw him before that time in my life.
THOMAS HENRY THOMPSON (police-sergeant D 4.) On the night of the 28th of November I was fetched by Verily to No. 3, Union-street—I saw the copper and the prisoner—I asked him whose it was—he said, his own—I asked where he bought it—he said he did not know, but his father bought it in Bedfordshire with some other goods—I went up stairs, and a woman the prisoner was living with said, "How have you got on?"—he said, "They are going to take me away for the copper"—he said it had got dents on it by tumbling out of the cart.
Prisoner. Q. Can you swear it is his? A. No.
GUILTY . Aged 44.— Confined Six Months.
286. HENRY WINTER was indicted for stealing, on the 4th of December, 1 firkin, value 4d.; and 65 lbs. weight of butter, value 3l.; the goods of Henry Hughes; and that he had been before convicted of felony.
WILLIAM PLAISTOWE . About half-past five o'clock on the afternoon of the 4th of December I was in Fenchurch-street, opposite Billiter-street—I saw a man put this tub of butter en the prisoner's shoulder in Billiter-street—I went after him—the other man made his escape—I stopped the prisoner, and took him—I found the owner—he lives close in that neighbourhood.
SAMUEL HANCOCK . I was in Fenchurch-street, and saw two men about the prosecutor's door—I believe the prisoner was one—I thought there was, something going on wrong, and I watched a minute—one of the two persons took a cask of butter out of the cart on his left shoulder, and crossed the road—I endeavoured to follow him, but lost sight of him—in turning up Billiter-street I saw a man with the cask of butter on his shoulder, who I suppose was one that was about the cart—the officer came and took him.
Prisoner. I was turning the corner—a man came and asked me to carry it—he said he would give me a shilling—I took it, and followed him—be made a bit of a run and I was seized—I never saw him before—I am aware I have got a bad character.
JAMES DOUFTY . I am an officer of Farringdon Ward. I produce a certificate of the prisoner's former conviction from Mr. Clark's office (read)—I was the officer that took the prisoner—he is the same person that was tried.
GUILTY . Aged 24.— Transported for Seven Years.
287. JOHN MAHONEY was indicted for stealing, on the 6th of December, 1 bag, value 2s.; 1 coat, value 14s.; 1 pair of trowsers, value 1l.; 2 waistcoats, value 2l.; 1 shirt, value 5s.; 1 pair of slippers, value 6d.; 5 brushes, value 6s.; 2 razors, value 1s.; 1 razor strop, value 6d.; 1 pair of leggings, value 6d.; and 1 shawl, value 3s.: the goods of Pierre Bertrand.
PIERRE BERTRAND . I left this property in a bag on board the William Joliffe steam-packet, from Calais, which was lying off the Custom-house—the porter said my bag was missed—this is my bag and clothes (looking at them.)—I left it to go to the Custom-house.
Cross-examined by MR. PHILLIPS. Q. Did you leave it in the care of any one? A. No—I left it in my cabin—I know nothing of the prisoner.
DANIEL FORRESTER . About six o'clock in the evening of the 6th of December I observed the prisoner cross from Ironmonger-lane to Queen-street with something before him, and in Queen-street I said, "What have you got there"—he made no answer, but left the bag in my hand, and ran away—I called out—he ran backwards and forwards—I secured him—when I got him to the Mansion-house he stated that a man gave it him to carry.
Cross-examined. Q. What do you mean by running backwards and forwards? A. I called out—he ran down Queen-street, turned back, and then crossed again, and I took him—I never saw him before, to my knowledge, and I have been an officer for some years—this was about half a mile, I should think, from the Custom-house—I do not think there is above one pawnbroker's shop in the line of road.
CHARLES SMITH . At half-past five o'clock, on the 6th of this month, I loaded the baggage at the baggage-warehouse, near London-bridge—it consisted of three packages, and this one was tied on the top of a case—I missed this in Ironmonger-lane—it was cut off with a sharp knife.
Cross-examined. Q. How were you carrying this? A. I was drawing a truck—I was watching the bag continually, looking behind me—I never saw the prisoner before—I missed it in half a minute—I know it was taken in Ironmonger-lane—it was quite safe in Cheapside—when I came to a narrow part there was hardly room for the truck to pass by a cart—it was lost in quick time—it was done by magic—there are lamps, but not where it was cut off—I did not see it cut off.
GUILTY .—Aged 21.— Transported for Seven Years.
MICHAEL HART . I keep a coffee-house, at No. 159, Aldersgate-street This stall-board plate is mine—it fits on under the window—I lost it on Monday last, the 10th of December—it was not a fixture—it takes off at night—this is it—(looking at it)—I have often seen the prisoner round the neighbourhood.
JAMES KENDALL . I was coming from my tea on Monday evening, and saw the prisoner take this plate off the window, and walk away—I brought him back to the coffee-shop—he had got half away across the road with it.
Prisoner's Defence. It was lying on the pavement, and I took it up.
GUILTY .* Aged 15.— Transported for Seven Years.
GEORGE AUGUSTUS CANTON . I live in St. Martin's lane. At half-past six o'clock, on the 5th of December, I was waiting opposite Exeter Hall, to get admission, with my wife and daughter—I turned round to speak to my wife on the left-hand, and my coat was opened on the right—I turned, and the prisoner was close to my side—he had hold of my guard-chain and watch—I said, "You rascal, you have robbed me of my watch"—he said, "You are mistaken," and ran round a coach—I followed and took him, without losing sight of him, and took him into a shop—he was searched, but the watch was not found—he had not taken my guard-chain off.
Cross-examined by MR. DOANE. Q. Had you looked at your watch? A. Yes, just before I went out—I had not taken it out of my pocket—I was in a great crowd—we were just before the time—it was a musical festival—the chain was round my neck, and the watch was taken from the swivel—I turned round, and the prisoner dropped the chain from his hand, but the watch was gone from it—I followed him round the coach, and came to the same side again.
COURT. Q. Are you quite sure he had the guard in his hand? A. Yes—he dropped it—the watch had been to it just before.
NOT GUILTY .
MR. ESPINASSE conducted the Prosecution.
ROBERT GARLAND . I am cashier to Cox and Co., wholesale hosiers, in Wood-street, Cheapside. On the 14th of July I paid the prisoner 6l. 10s., and on the 13th of October, 4l. 11s., on account of hit master, Mr. Cooper.
WILLIAM THOMAS COOPER . I am a warehouseman, in Aldermanbury. The prisoner was in my service in July and October last—he had been my counting-house clerk two years and a half—it was his duty to receive the town accounts for me, and hand them over to me immediately, and then I should enter them in the cash-book—he did not account to me on the 14th of July for 6l. 10s. from Cox and Co., nor for either of the sums that have been named.
Prisoner. I am willing to plead guilty to receiving them, but I intended to repay them again—I have been made the dupe of some gamblers—I was obliged to accept two bills—they followed me up, and induced me to take these sums—the prosecutor can speak to my character.
GUILTY . Aged 20.— Transported for Seven Years.
(There was another indictment against the prisoner.)
291. JOHN CARLON was indicted for stealing, on the 4th of October, 8 pairs of scissors, value 1l.; 12 compass needles, value 1l.; 7 brass weights, value 4s.; I saw, value 2s.; 2 lbs. weight of copper, value 3s., 1 blue-stone, value 3d.; 1 lb. weight of brass, value 9d.; 36 hinges, value 2s.; 1 key, value 1s.; and 1 square, value 1s.; the goods of George Knight and others, his masters.
Cross-examined by MR. DOANE. Q. Have you anybody in partnership with you? A. Yes, two sons—the prisoner had been about three months with me—this parcel contains twelve compass-needles—it was put up with a parcel of apparatus, which was ordered on the 4th of October, and as soon as the goods were sent off, our correspondent wrote to us to say this was missing.
JOHN ARCHER (police-constable G 150.) I went to the prisoner's house, on the 3rd of December, and took his wife on a charge of stealing a cloak—on searching the house I found all these articles stated in the indictment—the prisoner told me he was at work for Mr. Knight—I went there, and the prosecutor claimed them.
Cross-examined. Q. Was there not a dispute between his wife and her sister about a cloak? A. Yes; her sister keeps a brothel, and she accused his wife of taking some articles of dress.
Prisoner. Q. At the time I came in, what did I say? A. You asked me what I was doing—I told you I had found these things, I suspected they were stolen, and you must consider yourself in custody—I had known him some time in the City police—I have never heard any thing against him before.
(The prisoner received a good character.)
GUILTY . Aged 39.— Confined Three Months.
Before Mr. Common Sergeant.
MORTY O'SULLIVAN (police-constable N 210.) I lodge at the station-house, Weymouth-terrace, Hackney-road—the prisoner was a police-constable of the same division, and lodged in the same room—on Sunday afternoon, the 2nd of December, I gave Edward Eastwood change for a crown-piece—I took it up stairs, locked it in my box, and put the keys into my pocket—I then laid down till I went on duty—the following morning about ten o'clock I went up to go to bed, went to my box, and could not find the five-shilling piece—I examined every thing I had in the box, and when I found it gone, I suspected the prisoner, and made inquiry of him, and another man, whether either of them had got the five-shilling piece—they said not—I then said, "I suppose you will have no objection that I should search you?"—the prisoner then said, "I have got a five-shilling piece, which I got in change of a sovereign at Islington"—I asked him for it—I called up the person I changed it for, and asked him to say whether he would know it—he said not—I said I should report it to our inspector—I was going out—the prisoner called me back, and said, "Make no more about it, the five-shilling piece is yours, I will return it back to you"—
Eastwood was coming up stairs at the same time—the prisoner then acknowledged it was mine, and he desired him to give it me, but I would not take it then.
Prisoner. I got the five shilling piece in his bed, in his room.
EDWARD EASTWOOD (police-constable N 74.) On this Sunday evening the prosecutor received a five-shilling piece from me—on the following morning information was given about the loss—the prosecutor stated the prisoner had got it in his pocket—the prosecutor gave the five-shilling piece over to me, and said the prisoner acknowledged finding it on the prosecutor's bed.
HENRY DUBOIS (police-sergeant N 14.) I was on duty at the station-house—the prisoner was not charged in my presence at first, but when I went to the station-house he said, "I found the five-shilling-piece on his bed—I have kept it in safety to return it to him."
MORTY O'SULLIVAN re-examined. I was quite sober that night—I had been drinking—I had been out a few hours that day with some friends—this crown-piece could not have been left on my bed—I am perfectly sure I put it in my box, and locked it up—my box was locked when I came to it the next day—I did not find any keys on the prisoner, but when I went to bed my keys were in my pocket on the bed, and he was going to get up—he might take them out of my pocket.
Prisoner. I found it on the bed, and put it into my pocket for safety—I said I had found it on the bed—I gave it to Eastwood to give to him.
GUILTY . Aged 27.— Confined Six Months.
GUILTY . Aged 17.— Confined Three Months.
294. GEORGE PRICE was indicted for stealing, on the 12th of December, 2 glass tumblers, value 2s.; 6 knives, value 4s.; 4 forks, value 2s.; 1 pair of snuffers, value 8d.; 1 snuffer-tray, value 4d.; and 1 cruet, value 1s., the goods of Anthony Wright; to which he pleaded
GUILTY . Aged 28.— Confined Three Months.
MR. CLARKSON conducted the Prosecution.
WILLIAM LONG . I am one of the day watchmen to the East and West India Dock Company. On Saturday, the 8th of December, I was employed at four o'clock in the afternoon at the gates in Bilftter-street, to search the labourers—I am informed that the prisoner was at work there—He came out of the gate and I searched him—he took off his hat—I put my hand in it, and found something in it—I asked what he had got there—he made no answer, but ran away—I caught his hat out of his hand—he had got nearly out of the bottom gate, and there I stopped him—in the hat I found a pair of gloves filled with gum—I found some gum in his pockets, and in his stockings about his legs—I took part of it out, and the prisoner took the rest out himself—there was 4lbs. altogether—I asked
how he became possessed of it—he said he took it from a heap lying on the floor of the drug room.
Prisoner. Q. Did I run away? A. You did, very near to the bottom of the gate.
Prisoner. I did not go two steps.
JAMES INCH . I am assistant foreman at the premises at Billiter-square—the prisoner was a weekly labourer there. On Saturday the 8th, he was employed in the drug warehouse—I have compared the gum found on him with that in the warehouse—it is in all respects similar.
Prisoner. It was gum I took in with me in the morning—being a stranger in their employ, I had no rules or regulations submitted to me, and was totally ignorant of the customs of the establishment.
GUILTY . Aged 37.— Confined Six Months.
OLD COURT.—Wednesday, December 19th, 1838.
Before Mr. Sergeant Arahin.
GUILTY . Aged 23.— Confined Three Months.
297. AMY WILSON was indicted for stealing, on the 9th of September, at St. Botolph without Aldgate, 6 forks, value 3l.; 13 spoons, value 2l. 14s.; 1 pair of breeches, value 1l. 10s.; 1 coat, value 1l. 10s.; 2 shirts, value 15s.; 5 gowns, value 3l. 18s.; 2 yards of silk, value 17s.; 5 sovereigns, and 2 £5 Bank-notes; the goods, monies, and property of Samuel Hawkins Jutsum, her master, in his dwelling-house.
MR. CLARKSON conducted the Prosecution.
SAMUEL HAWKINS JUTSUM . I am a wholesale butcher, and live in Whitechapel, in the parish of St. Botolph without Aldgate. The prisoner has been in my service about eight months—on Saturday, the 8th of September, I went to my wife and family into the country, leaving the prisoner in charge of every thing—I returned on the Monday following, and found she had left the house—she had given me no notice whatever—we immediately examined the house, and found all the plate gone—I went to the secretaire and book-case, and missed 2 £5 notes, and 5l. in gold, which had been placed there on the Friday evening, and in the prisoner's room were three chests, one of which was quite emptied—the lock of one box was hampered—other things were gone.
GEORGE JUTSUM . I am the prosecutor's son. On Friday evening, the 7th of September, I placed two £5 notes and five sovereigns in a drawer in the book-case, in the front parlour—on Sunday evening, the 9th of September, I went out, leaving the prisoner in charge of the house.
WILLIAM ARGENT . I am a policeman. I took the prisoner into custody on the 7th of December, at the prosecutor's house—she told me her husband had done the robbery, and that she went out to look for him.
Prisoner's Defence. My husband was allowed to come to see me—he came on Sunday, and stopped until the evening—after he was gone, I missed the silver forks and spoons, but I knew nothing of the property being gone—many contradictory statements have been made about the property—I was first told there was an old-fashioned silk dress—the policeman afterwards said there was a cotton dress missing, and then I was told there were five dresses gone—on missing the spoons, the thought struck me, momentarily, that I might be able to overtake my husband, and replace the property, but I have not seen him since—I have no traces of him or the property.
GUILTY . Aged 47.— Transported for Ten Years.
Before Mr. Justice Littledale.
MESSRS. CLARKSON, GUENEY, and DOANE conducted the Prosecution.
JAMES DUNSMORE . I am a clerk in the Treasury department in the East India House. In November, last year, there was 14l. 10s. 8d. due to James Price for wages, on board the Atalanta—before wages are paid, it is the custom for a certificate to be produced—this certificate was produced, respecting Price's wages, and on the production of it, the money was paid—the party to whom it was paid signed the name of "James Price" in this book—(producing one)—I do not know Price, or the party who received it, personally.
(The certificate was here read—also a book containing the receipt, which was as follows:—"Atalanta, November, 1837—Received 14l. 10s. 8d for wages due to me, as seaman on board the Atalanta, from the 13th of April to the 21st instant, the date of my arrival in this country on board the Mary Bibby. JAMES PRICE.")
Cross-examined by MR. PHILLIPS. Q. In whose hand-writing is the body of the receipt? A. Mine, and it was signed by whoever got the money—I have a great deal of this kind of work to do—I have no recollection of the person, or of any circumstance attending this signature.
JAMES PRICE . I belonged to the Atalanta which went out to Bombay—I left Bombay on the 13th of July, 1837—before I left Bombay the captain of the Atalanta gave me this certificate—I took my passage home in the Mary Bibby—we lost two hands, in consequence of which we touched at the Isle of France and took three men on board—the prisoner was one of the three—I used to keep the certificate in my chest—when I arrived at Liverpool I missed it, while the vessel was in the dock—I did not go to London about it, but took my passage to New South Wales—I returned about two months ago, and then made inquiry at the treasury of the East India House to obtain the money due to me, and found it was gone—I saw that book produced—the signature to the receipt is the prisoner's
writing—I see "Wm." there, and that is rubbed out, and my name written on the top—I never gave the certificate to the prisoner, nor ever authorized him to sign my name to that receipt or any other—I never had any other paper than that single certificate to enable me to get my wages—some time after I found it had been paid I met the prisoner in the Commercial-road—I asked him if he had seen my paper—he said yes, he had seen it, and had received the money—I gave him in charge.
Cross-examined. Q. Was that all that passed between you? A. He said I had authorized him to draw the money—I missed the certificate when I got into the dock at Liverpool—I swear that—there is no mistake about it (looking at his deposition)—this is my hand-writing—I have always told the same story I have to-day—this was read over to me before I signed it, and I was asked whether it was correct.
(The witness's deposition being read, stated, "A few days before I reached Liverpool I missed the paper writing now produced, out of my chest")
Q. Now having heard that, how came you to say to-day that you did not miss the paper till you got into the dock at Liverpool? A. I might have lost it before I got there, but I did not miss it till I got into the dock—I might have made a mistake—I have not said this morning that I had had the papers in Liverpool, and I would not for 20l. have proceeded in this business at all, nor any thing of the kind—I did not say so to Mrs. Murphy—I know her—I boarded at her house at Liverpool—she is a respectable woman—I went with her at Liverpool to get a suit of clothes—she paid for them—I did not try to get money advanced on the certificate in her presence, at the draper's, nor on any paper—that I swear—she paid for me, because I did not get paid off from the ship for three or four days after—I was paid 5l. at Liverpool—I gave her the whole of the 5l.—I was lodging with her a fortnight or three weeks, I am not certain which—I paid her 14s. a-week for board and lodging—the clothes came to 3l. I think, I am not sure—I set sail in the Ganges. from Liverpool—Mrs. Murphy and I accompanied the prisoner to the pier when he went to sail in the Rancorn.
Q. Did you not then take out the certificate, saying, you could get no advance on it in Liverpool, and tell him to go to the Company when he went to London and get what he could on it, and if not, to keep the papers till you came back? A. No, nothing of the kind—not a word of the sort happened in Mrs. Murphy's presence or hearing.
JOHN CRIDDLE . I am a policeman. The prisoner was given in my charge by the prosecutor on Saturday, the 10th of November, for forging his name and obtaining 19l. odd at the East India House—the prisoner said it was 14l. 10s. 8d. he had, and that Price had given him the papers at Liverpool, in the presence of their landlady, for 6s. that he owed him.
LLEWLYNN GUNN . I am clerk to the magistrate at Lambeth-street office—I took down the first examination of the prisoner and what he said—I have not returned it to the court—I have it here—it is the first examination, which was, I think, three days previous to the second—Price and Criddle were examined the first day—the minutes were taken very shortly then—nothing was signed by the prisoner—he was not asked to sign it—neither Price or Criddle signed their depositions that day.
MR. PHILLIPS. Q. Were you applied to as the magistrate's clerk for a copy of the deposition? A. I was not, I think—there is another they might apply to—this is the hand-writing of the chief clerk—I am the second clerk—it is
customary for the prisoner to pay for copies of the depositions—the minutes are embodied in that examination—we give what we consider the evidence against him—I furnished the East India Company with the prisoner's statement, because I was asked if the prisoner had said any thing in my presence—I did not know the prisoner's solicitor had a copy of the depositions—I did not consider it my duty to apprise the chief clerk about this statement.
Cross-examined by MR. DOANE. Q. Is it not the uniform practice to lake down, in the first instance, the minutes of the evidence before the depositions are made out? A. It is—those minutes we never return—the depositions are taken down afterwards, and signed by the witnesses, and those are returned.
COURT. Q. You did not consider it your duty to tell the chief clerk what had been done on the 10th of November? A. No, not without being asked—I was applied to for a copy of it by the solicitor for the prosecution.
MR. DOANE. Q. Tell us, by referring to your notes to refresh your memory, what he said at the first examination? A. The prisoner said "He owed me 6s., and he gave me the papers to hold for it—I did get the money at the East India House—it was only 14l. odd."
MR. PHILLIPS called
SUSAN MURPHY . I keep a lodging-house for sailors, at Liverpool. The prosecutor lodged with me, and was visited by the prisoner—they appeared on very intimate terms—he spoke very highly of the prisoner—I remember going to a draper's shop with the prosecutor to get some clothes—he got the clothes, and next day he offered a paper to the draper to give him an advance on it, as it belonged to the East India Company—the draper would not give any advance on it—Price told me he had been to another place to get an advance on it, and that he could not get it—he engaged himself as a seaman on board the Ganges to go to Sydney, New South Water—the prisoner had, at that time, apprised me and Price of his intention to go to London, in the Rancorn steamer—Price and I accompanied him to the pier, when he went—Price told him to take these papers to London with him—that they belonged to the Company, and he could get no advance on them in Liverpool—he was to draw the money of the Company, and if he got the money, to keep it till he returned, and if not to keep the papers till he returned off his voyage—seamen are frequently in the habit of, meeting at Liverpool after a voyage—I have kept a lodging-house twenty years—I did not know of this charge till the prisoner's brother wrote to tell me of it after his committal—Price told me in the yard to-day that he would rather have left it altogether, and gone away, for he thought it would be of bad consequence, and that he knew he had the papers in Liverpool.
MR. DOANE. Q. Had you known the prisoner any length of time before this? A. Only by coming in and out a few times—I have known them both about twelve months—the prisoner has never lodged in my house—I never saw him till he came to call on Price—I never saw him, after seeing him from the pier-head, till to-day—I first heard of this charge about a fortnight ago—I believe the clothes Price bought at the draper's came to 6l.—he paid for them—I saw him pay part
of the money, but not at first—I am not certain how soon after they were bought they were paid for—we went twice to the draper's—no money passed the first time, not till he got his wages—the draper trusted him—he paid it all but a trifle afterwards—I paid the remainder, that he could not—nobody was present at my conversation with Price this morning—it was in the street, facing the court—I said it was a bad job; how could he do such a thing as to fetch me, with a large family, from Liverpool, when he knew it was truth—I did not wish to leave home.
MR. PHILLIPS. Q. What did he say to you? A. He said he would rather have lost all the money, and he wished he had gone away altogether—(looking at a letter)—this is the letter I desired to be written when I was sent for—Mr. Crook wrote it from my dictation.
(This letter being read, corresponded with the witness's evidence.)
NOT GUILTY .
Before Mr. Baron Parke.
MR. GUNNING conducted the Prosecution.
ROBERT TABRUN MOSELET . I am a farmer and grazier at Somersham, in Huntingdonshire. I have known the prisoner several years—he in a drover, and I had employed him once or twice—on Monday, the 27th of August, I had eight beasts at St. Ives market—they were not sold there, and I put them into the hands of the prisoner, to drive to London—my directions to him were, if he could sell them on the road he might, and those he did not sell on the road he was to take to Mr. Pollett, my salesman in Smithfield, for him to sell for me there—I have never seen any of those beasts from that day to this, nor have I received payment for any of them—they were Galloway Scots—the colours of two or three were varied, the others were black—I saw the prisoner again on the 30th or 31st of October, at Huntingdon, in custody—I had been in the habit of seeing him frequently before August—I saw him on most Mondays at St. Ives market—I was there, I think, every Monday between August and October, and never saw him—I came up to London on the 6th of September, and saw Mr. Pollett on the 7th—I made inquiry about the beasts, and offered a reward.
Cross-examined by MR. PHILLIPS. Q. How long had you known the prisoner? A. Some years—his family are highly respectable—I do not know whether he drove other cattle as well as mine on this occasion—he was at liberty to do so if he chose—there is a regular charge for droven, so much per head—so much for cattle driven, and so much for cattle sold—I have been offered the money for two which were sold, on indemnifying the person who bought them.
MR. GUNNING. Q. Where does that person live? A. At Ware, in Hertfordshire—that is on the road to London.
JOHN BINGHAM . I am assistant to Mr. Earl, a beast-salesman at St. Ives. On Monday, the 27th of August, I saw the prisoner with eight of Mr. Moseley's beasts, driving them through St. Ives market, in a direction for London.
Cross-examined. Q. What time in the day was it? A. About eleven o'clock—I knew the beasts—they had two clips on the off-tit—I did not see any letter "M" on them at that time.
WILLIAM NICHOLS . I am a tyer-up of cattle in Smithfield market. On Friday, the 31st of August, I tied up six Scotch Galloway beasts in Smithfield market, facing the King's Head public-house—I believe three or four were black, and the others partly covered—the prisoner was not there when I tied them—he came about an hour or two after—I saw him standing behind the beasts once or twice during the day—that is the position a man would occupy who was going to sell them—it was in the morning when I tied them up—the last time I saw him about the beasts was, I think, about ten or eleven o'clock—in the afternoon I saw that the beasts were gone—I went to Jones the banker's, to be paid for tying them up, as Mr. Goodbody banked there—I received 6d. a head—I believe I tied up six or seven besides these—I think I received 6s. 6d. altogether—the six beasts were tied together, and the others adjoining them.
Cross-examined by MR. BYLES. Q. There were six beasts of Mr. Goodbody's? A. There were six marked "M"—it was a clip-mark—I have known the prisoner ten or twelve years—he sells beasts as well as drives—he is a salesman—I always believed him a very good character.
THOMAS POPE . On the 31st of August I was in Smithfield market, and saw the prisoner there—I bought six beasts of him, but he had more—I should say they were pole-Scot Galloways—I bought three first, at 152. a head, I think, and three afterwards, at 14l.—they had a clipped "M" on them—I paid the money to Mr. Jones, the banker, which it is the usual practice—the prisoner was a stranger to me, and I asked him where he would take the money, and he said "at Jones"—I paid the money in the afternoon of the same day.
Cross-examined by MR. BYLES. Q. Was 15l. a fair price? A. Yes—what I gave 14l. for was two hours after, at the end of the market—there was no secrecy in the transaction.
THOMAS BAGGS . I am a clerk in the banking-house of Messrs. Jones. On the 31st of August twelve beasts were paid for on the prisoner's account—there were three beasts came to 45l., and three others to 42l., paid for by Pope—191l. 18s. 6d. was paid in altogether on his account that day, and 1l. 1s. 7d. expenses was paid for him—Nicholls was paid 6s. 6d.—the prisoner took the balance, 190l. 9s. 11d., in the evening—that closed the account—we have not had any transactions with him since—we had several times before in 1836, when he sold beasts in the same way, and was paid—the balance then was paid through a bank.
Cross-examined by MR. PHILLIPS. Q. Have you had dealings with him since? A. Yes; in April this year, and on the 24th of August likewise—I knew him well and where he came from—I have known his brother many years—he is a highly respectable gentleman—if it was necessary at any time I could have reference to him at St. Ives.
MR. GUNNING. Q. The balance in 1836 was paid through a bank? A. Yes, by his own directions—in April and August he took the money himself.
GEORGE KNIGHT POLLETT . I am a beast salesman, and sell for Mr. Moseley. I heard of these beasts of his the day they were in London—Mr. Moseley afterwards came to town, and made inquiry about them—I did not receive them on the 31st of August or since—when a person is employed to bring beasts from Huntingdon to me, he sometimes deposits them at Islington at the layers, at the Goose yard, or somewhere—there are many layers—it is the duty of the drover to deliver them to our drover on
the Thursday night, and next morning to come and give us information, and see that we have them—it is no part of his duty to sell them in Smithfield—the prisoner had brought beasts from Mr. Moseley, and delivered them to me before—I should think twice—I cannot exactly say where he delivered them then, but they were delivered to my drover—I saw him once in Smithfield, and he told me he had delivered them to my drover—I think that was on the 13th of July this year—I cannot say when the other was.
JAMES SMITH . I am a police-constable at Huntingdon. I received a warrant to apprehend the prisoner on the 22nd of October—I went to liverpool, and saw him on Monday, the 29th, at Westderby, about three miles from Liverpool—I did not know him before—I said, "How do you do, I believe your name is Goodbody?"—he said, "Yes, it is"—I said, "I believe there has been something between you and Mr. Moseley"—he said, "Yes, there has; I sold six beasts for him, and I have got the money to pay him"—I told him I had a warrant, to apprehend him, and he must go back to Huntingdon with me—on the road to Liverpool he said, "I am d—d glad you are come for me"—I said, "Do you mean so?"—he said, "Yes, for I have been miserable ever since I have been away; very likely this is for the best"—when we got to Liverpool I offered him time, in custody of a Liverpool officer, to get himself ready while I got myself ready to go to London—he said, "Don't do that, I don't want every body to know about it; I will give you my money, there is more than 100l., which is more than sufficient to pay Mr. Moseley"—I said, "I must not take his money, J must take him"—I brought him to London—Liverpool is about two hundred miles from Huntingdon.
Cross-examined by MR. PHILLIPS. Q. Was it in open market you met him? A. He was then going into the market—I went there, thinking that being a salesman and a drover he would very likely occupy his time in that part of the country—it is a very large cattle market—I went to his lodgings, and saw a woman there, who I found had been living with him—he told me his name at once.
NOT GUILTY .
(There was another indictment against the prisoner for embezzling the money, on which no evidence was offered.)
Before Mr. Justice Littledale.
300. HANNAH HERBERT, alias Ann Herbert , was indicted for feloniously forging, on the 3rd of December, at St. Marylebone, a certain acceptance on a bill of exchange, for the payment of 230l., with intent to defraud John Isaac Drury. 2nd COUNT, for uttering the same.
MR. PHILLIPS conducted the Prosecution.
JOHN ISAAC DRURY . I live at No. 32, James-street, Manchester-square, and am a harness-maker—I have known the prisoner about five years—she called on me last Sunday fortnight, about seven o'clock in the evening, and asked me if I would get her a bill of exchange discounted, bearing the acceptance of Lady Wood, of No. 4, Bedford-square—I said I could, if the acceptance would bear investigation—I asked her if she had got the acceptance—she said not, but she had just left Lady Wood, and was to return to her about nine o'clock—she told me previous to that, that her ladyship had promised her her acceptance for 230l.—I asked her how her ladyship came to promise her acceptance for so large an amount—she stated
that the had laid before her ladyship all her papers and documents relative to her business in the country, that her ladyship pitied her case very much, and said she was sorry she had not got so much cash by her, but if her acceptance was of any use she should have it for two months—I asked her if she had a stamp—she said she had not, but that Lady Wood had given her 5s. to purchase it—that would be the correct stamp—she asked me what my friend would charge for discounting the bill—I told her, 5 per cent, or 1s. in the pound, making 11l. 10s.—she then went away—she came next morning about nine o'clock and brought this bill—I went to a banking-house, and on the same Monday I went to Lady Wood myself—I had not cashed the bill—in consequence of what passed between Lady Wood and myself I directly returned to my own house, accompanied by Mr. Overton—it was about one o'clock when I got back—the prisoner was there, and I asked her where she got the bill—she stated from Lady Wood—I said, "Well, that must be wrong, for Mr. Overton has been down to Hoare's bank, and they have detained the bill"—she said she certainly obtained the bill from Lady Wood, and that it was a genuine bill—I told her Hoare's had declared they did not believe the acceptance to be Lady Wood's hand-writing—she said it was the hand-writing of Lady Wood—I said it was useless to utter falsehoods, for I had been to Lady Wood myself, and she had declared that she never accepted a bill in her life, and that she had not seen the prisoner for three or four months—she said, "Well, if Lady Wood will deny her hand-writing I suppose I must bear the brunt of it"—(I had not told her it would be better for her to confess, or worse if she did not, nor had Mr. Overton)—Mr. Overton went away a short time—the prisoner went into an adjoining room, which is a bed-room, and I afterwards found she had swallowed laudanum—I sent for a doctor, and she recovered—I told her she had done a very wrong deed, and observed to her at the same time that she had put me and Mr. Overton in a very awkward predicament—she said she could not help it—that it was all brought on by a man named Pankridge—she wanted me to write to him in the country, but I did not.
Prisoner. The witness is quite aware how I came into my trouble, and instead of trying to assist me he tried to oppose me, though I have assisted him. Witness. I do not know how she came into trouble.
Prisoner. I must leave it to the mercy of my Lord and the Jury—if it had not been for Mr. Drury and some others I should not have been here to-day—he is quite aware in his own conscience that I have not been unjust to any one.
ANDREW WYNESS . I am a policeman. I took the prisoner into custody at Mr. Drury's house, on Monday, the 3rd of December—she said she had done wrong, and was sorry for it—Mr. Drory's mother-in-law, who stood by her, had said previous to that, "Never mind, you are not the first that committed forgery"—the prisoner at the time was under the effect of poison, and was very much agitated and distressed—after the arrival of the doctor, and extracting the poison, she used nearly the same expression—she afterwards said she had done it with the intention of paying the creditors; that after a period of twenty years her friend in the country had brought her to it.
COURT. Q. You have not stated that in your depositions, or about the female saying, "You are not the first that committed forgery?" A. I told the magistrate that—I am not positive whether I told him the other—I am sure she said all I have stated.
LADY SARAH WOOD . I live at No. 4, Bedford-square. I have known the prisoner about twelve years—she had lived in the family of a friend of mine in Oxfordshire—the acceptance to this bill is not my hand-writing—(looking at it)—I never authorised the prisoner, or any body, to accept the bill in my name.
(The bill being read, purported to be accepted by Mary Wood.)
Prisoner's Defence. I must beg for mercy—I did not do it with any wrong intent.
(Frances Britton, wife of an undertaker, No. 2, Streatham-street, Bloomsbury; Sophia Hill, No. 9, Bouverie-street, Paddington; and William Whiting, a waiter, deposed to the prisoner's good character.)
GUILTY of Uttering. Aged 34.—(Recommended to mercy by the Jury, believing her to be the tool of others.)— Transported for Seven Years.
Before Mr. Baron Parke.
FITZOWEN SKINNER, ESQ . I am a barrister, and live at No. 25, Keppel-street, St. George's, Bloomsbury. I rent the house—the prisoner was in my service as cook since March last—I missed fourteen forks and eleven silver spoons, on Saturday night, the 1st of December, after the prisoner and her daughter were gone to bed—her daughter had the charge of the plate, but she had access to it—on the Sunday night her daughter came to me, and said her mother would drive her mad—I went down into the kitchen, and asked the prisoner what was the matter—she said it was about the plate that was missing—I asked her where it was—she said the had pawned it, but she would get it back on Monday morning—I had said nothing to induce her to confess—I asked her for the duplicates, and she gave them up—I sent her and her daughter to bed, and locked the house up—next morning I found my wife had missed table-cloths and other things—I asked the prisoner if she knew any thing about them—she denied all knowledge of them—I said, "Justice must take its course"—I went out to the Temple, to get a friend to be in the house, and locked the door, as I supposed, but when I returned the prisoner was gone, and I did not see her again till Tuesday the 16th, when she was in custody at Bow-street.
JOHN WENTWORTH . I am a pawnbroker. I have a bread-basket, pawned on the 1st of December by the prisoner—this is the duplicate I gave for it—I have also eleven spoons, pawned by her at different times.
MR. SKINNER re-examined. I did not miss the bread-basket till she gave me up the duplicates—this is my bread-basket—(looking at it)—I had seen it on the Thursday-week previous—I gave the duplicate she gave me to the policeman.
GUILTY . Aged 47.— Transported for Ten Years.
(There was another indictment against the prisoner.)
Before Mr. Justice Littledale.
302. JOHN BANKS and WILLIAM HORGAN were indicted for breaking and entering the dwelling-house of Edward Stevens, on the 6th of December, with intent to steal, and stealing therein 3 spoons, value 3s.; 1 handkerchief, value 1s.; 2 half-crowns; 9 shillings; and 1 £5 note, his goods, monies, and property; to which Banks pleaded
GUILTY . Aged 18.— Transported for Ten Years.
EDWARD STEVENS . I am a stable-keeper, and live in Pond-street, Hampstead. I have a house there, there is a stable in the yard opposite the house—there are three rooms over the stable, leading from one to the other—the first room is called the hay-loft, the second the kitchen, and the third the bed-room, in which I usually sleep, but I sometimes sleep at the other house—on the 6th of December, about half-past five o'clock in the evening, I went to the Flask public-house, and found Walsh there, (who works for me, and lodges and sleeps in the hay-loft,) with Banks and Horgan, in the tap-room, drinking—I called for three-halfpenny-worth of gin and a pot of beer—I do not think I drank any of the beer—I had the gin standing at the bar—I had taken a glass or two, and do not mean to say I was perfectly sober—I knew what I was about—I left the Flask about twenty minutes after six o'clock, with Walsh, Horgan, and Banks, and we all came down to my stable—I went up stairs into the bed-room to strike a light—Horgan and Banks both followed me into the bed-room—I had the light—we all came out of the room, and brought some provision for the pigs out of the kitchen—I locked the door of the bed-room and my chest, and all was locked then—I put the key into my pocket—I came out of the bed-room into the kitchen, locked that door, and put that key into my pocket—I should have had two keys in my pocket, but I could only find one afterwards—I am quite sure I put the first key in my pocket, although I found it next morning on the floor—I am not sure about the other key—I went to feed the pigs, and found Horgan and Banks in the yard—directly after they all three went with me to a Tom and Jerry shop—we had a pot of beer there, but I do not know whether I drank any of it—I went and fetched three pints of beer out of my own kitchen, as the woman said she had none—I unlocked the door to get it, bat I locked it again—I am not sure whether I drank any of that—we left the Tom and Jerry shop about eleven o'clock—Walsh saw us come up to the gate, and then went away—I went in, and went to bed—the prisoners followed me—they were both in the room when I went to bed—after I was in bed I saw Banks take up my trowsers, but thought he was putting them on the chair—I did not think he was taking any thing—I found them there in the morning—Banks took the candle and candlestick, and both left the room, wishing me good night—I told them to put the light out, and I fell asleep—I slept in the other house that night, which I had the care of, not over the stables—it is an empty house I have the care of, for Mr. Ledden of Carey-street—I have the use of it, but it is not my dwelling-house—I never take my meals there—I got up in the morning a few minutes before six o'clock, and went to the room over the stable—I found the kitchen-door, which is the first door, undone—the door leading into the bed-room was broken open—I felt on the top of a chest, where I knew I had left my silver, and found that gone—Walsh was in bed at this time, in the hay-loft—I went to the chest that was locked the night before, and found it broken open—I then called Walsh to strike a light, and told him I was robbed—I
missed all the things stated—he brought a light—we went to the Flask to inquire the prisoners' names, and where they lodged—I did not know their names—directly I put on my trowsers I missed from them a shilling and the key of the kitchen-door, but I cannot say that I might not have lost the key myself—I gave information to the police, and went with an officers, about a quarter of an hour or twenty minutes to seven o'clock, to No, 11 New Inn, where we found Banks in bed, and under his pillow found a waistcoat, in the pocket of which was a handkerchief belonging to me, containing three spoons, two half-crowns, and seven shillings—that handkerchief had been in a hat inside the chest in my room—I had seen it there the same day—the spoons are mine—two are silver, and one not—I founad the candle which I had gone to bed with over night in the coach-house.
Cross-examined by MR. DOANE. Q. The property was taken from the premises over the stable? A. Yes, not from the house—my usual residence is over the stable—Walsh was not on the premises when Banks and Horgan went with me into the bed-room over the stable—I have not said that Horgan did not go with me into the room.
JOSEPH BRINDELL (police-constable S 98.) I went with the prosecutor and apprehended Banks—I afterwards went to the Flask public-house, and took Horgan—he came outside—I told him he was charged with felony, in company with John Banks, and he must go with me—he said he knew nothing about it, and could clear himself—he said he had not seen Banks, nor was he with him—when brought together at the station-house, Banks said they were together last night—Horgan said they were not—I found 2s. on him.
HORGAN— NOT GUILTY .
Before Mr. Baron Parke.
303. JAMES ROBINSON was indicted for stealing, on the 17th October, 1 pair of trowsers, value 1l. 15s.: 1 waistcoat, value 15s.; 1 coat, value 3l.; 3 blankets, value 1l.; 1 punch-ladle, value 12s.; 2 sheets value 8s.; 1 pillow, value 5s.; 1 bolster, value 2s.; 2 pillow-cases, value 2s.; 1 shirt, value 5s.; 1 table-cloth, value 2s.; 1 handkerchief, value 4s.; 1 flat-iron, value 6d.; 4 pairs of stockings, value 6s.; and 3lbs. weight of feathers, value 12s.; the goods of Thomas Long, in his dwelling-house.
THOMAS LONG . I live in Carron-place, Old-street, St. Luke's. The prisoner came to lodge with me about the 13th of October, and brought a woman as his wife—they had one ready-furnished room—I supplied them with linen and bed-clothes—the prisoner worked about two hundred yards from the house and came home to his meals—on Tuesday, the 20th of November, I missed my great coat—the prisoner went into the country that morning with some horses for his master, and came home on Thursday night, between eight and nine o'clock—we got into their room that night, and missed the greater part of the things, and some were taken from another lodger's room—on Friday morning, when he came home to breakfast, I told him what we had lost, and asked him where the things were—he said his wife had gone out to fetch them, and he expected her back again to breakfast—she did not come—he said he should return at dinner-time, and I said it must pass on till then, but he did not come, nor the woman—I then missed my waistcoat, trowsers, and several things—I had not seen them perhaps for two or three months,
and cannot tell when they were taken—I teat for the prisoner to where he worked, and he came—I told him I had lost some of my clothes, and many other things, more than I knew of the night before—he said he could not account for it—I asked if he had been to see after the woman—he said he had not—I asked whether he had done work for the day—he said no, he had got about half-an-hour's work to do—I told him he had better go and do it, and in the interim I got a policeman—we then went in search, of the woman at her cousin's, where she used to frequent, but did not find her—I asked him whether she was his wife or not, and he said no, but they always passed as man and wife in the house.
ELIZABETH LONG . I am the prosecutor's wife. The prisoner and the woman came to lodge with us in October—I let the lodgings to the woman—the prisoner was not present when she took them—she passed as his wife—she said he had sent for her out of the country—on Tuesday, the 20th of November, the prisoner went into the country with his master's horse—on the Monday night before, I missed a blanket and great coat off my lodger's bed, which is in the next room to the prisoner's—I mentioned it to the prisoner when he came home on Thursday—he said he thought he had slept a night or two very cold, and he had asked his wife to put his great coat on his bed, as the clothes seemed very thin—I went into his room, and missed two blankets, a pair of sheets, a bolster, two pillow-cases, and a pillow—there had been two pairs of sheets in the room when it was let to them, but the woman gave me one pair dirty, while the prisoner was away—she was often out three or four hours in the middle of the day, while he was at work, but she always locked the door, so that I could never get into their room, after they took it—next morning I went up into his room with him—it was in a very bad state, and he said, "Would any one believe there was such a woman, to leave a room in this state?"—I said, "Mr. Robinson, don't you know the woman?"—he said no, he knew nothing of her no more than I did—I said, "You know her cousins, and frequently see them, and they come here, you must know her?"—he made no answer to that, but said he would go after her—he did not tell me whether she was his wife or not—the trowsers, punch-ladle, and other things were taken from our room, which is the story below theirs—I cannot say when they were taken—I had seen them all safe, after they came there—I missed them on Friday and Saturday, when I looked over the things.
Prisoner. She missed some rings out of her drawer? Witness. Yes; a few days before I found out the other things—that was before the prisoner went into the country—there were some feathers taken out of the bed in the next room for their pillow, instead of the one taken away.
HENRY ROBERTS . I am in the service of Mr. Hawes, a pawnbroker, On the 12th of November a bolster was pledged with me by a female in the name of Robinson—also a punch-ladle and a sheet at difierent times the same day, and a silk handkerchief on the 14th—I cannot tell who she was—I should know her if I were to see her.
THOMAS PRENTICE . I am in the service of Mr. Telfer, a pawnbroker, in Whitecross-street. I have a blanket, pledged on the 17th of October for 3s. another for 2s. on the 20th of October, and a sheet for 2s. on the 8th of November, in the name of Ann Robinson, by a female—I do not know whether it was the person who lived with the prisoner.
known the woman about a fortnight before she came to Mr. Long's house—I have not been able to find the woman.
Prisoner. I know nothing at all about it.
NOT GUILTY .
Third Jury, before Mr. Common Sergeant.
304. CHARLES BRAMSTON was indicted for stealing, on the 4th of December, 6 1/2 lbs. weight of paper, value 1s. 6d., the goods of Charles Shankster, his master; and that he had been before convicted of felony.
Cross-examined by MR. DOANE. Q. How long has he been in your service? A. About three years—I had a very good opinion of him—his parents are very respectable, and I had no wish to prosecute.
CHARLES HAWKER (police-constable D 106.) About a quarter past nine o'clock, on the 4th of December, I was in a grocer's shop in St. Martin's-lane—the prisoner came in with these books, and asked the young man if he bought waste paper—he said "Yes," and asked him what he wanted for it—he said, " 3d. a pound"—he looked at the books, and said, "They are not filled up, I shall not buy them"—I looked at them, and took him into custody.
GUILTY . Aged 17.— Confined Six Months.
305. HARRIET SALTMARSH alias Pidding, and WILLIAM SALTMARSH , were indicted for stealing, on the 9th of December, 4 towels, value 4s.; 1 pillow-case, value 1s. 6d.; 1 table cloth, value 8s.; 1 sheet, value 6s.; 1 pair of stockings, value 1s.; 2 printed books, value 6s.; and 1/2 a yard of carpet, value 6d.; the goods of John Crosbie, their master.
JOHN CROSBIE . I live in Gloster-terrace, Tottenham—the female prisoner was in my service for two months—she gave the name of Walters to my wife. On Monday morning, the 9th of December, the officer Murphy brought me some towels, two books, and several articles of line, which I knew to be mine by my mark—I called up the female prisoner in consequence, and she denied all knowledge of the whole of the things—I then went to the Hackney station with the officer, and there saw the male prisoner—I asked him where he received these things—he said from my female servant—I never saw him before—my wife was very unwell at the time and the female prisoner could take the keys and have access to the things—I missed three silk handkerchiefs from my wardrobe, which have not been found—I have one male servant—he is not here.
what be bad got—he said, "Some bread"—I asked if he had nothing more—be said, "A towel and an old apron"—that his mother had given them to him, and she washed occasionally for a gentleman at Tottenham—that he was in distress and out of employment, and was taking the things home to his wife—he was coming in a direction from Mr. Crosbie's—I took him to the station-house, where I examined the bundle, and found the articles—some of them have Mr. Crosbie's name in full, and others his initials.
(Property produced and sworn to.)
NICHOLAS RYVES (police-constable N 54.) I went with Mr. Crosbie to his house on Monday morning, and apprehended the female prisoner—she acknowledged in my presence that the male prisoner was her husband, and she had given them to him to relieve his pressing distress.
HARRIET SALTMARSH— NOT GUILTY .
WILLIAM SALTMARSH. Aged 26.— GUILTY .
Confined Three Months.
JOHN BIRD . I live in St. John's-square, Clerkenwell. About twelve o'clock in the day, on the 15th of December, I saw the prisoner walk up to the prosecutor's phaeton, which was standing within a few doors of Jewin-street—he looked at the coachman who was on the box, then put bit hand over into the carriage, drew out a blue cloak, and ran away—I called, "Stop thief," and he threw the cloak down—I picked it up and followed him—I gave the cloak to the policeifian.
GUILTY .* Aged 23.— Confined Six Months.
RICHARD BARTLETT . I am in the employ of Mr. Mitchell, of the New Inn, Old Bailey. On the 14th of December, when I got to the New Inn, I missed my coat off my wagon—I had seen it safe in Skinner-street.
Cross-examined by MR. PAYNE. Q. What time was it? A. Half-past four o'clock in the morning, when I was in Farringdon-street.
PETER CONOLLY . I am a watchman of St. Sepulchre's. I was in Cow-lane about half-past four o'clock on this morning, and heard a cry of "Stop thief"—I saw the prisoner right opposite Cow-lane in Snow-hill, running, I pursued and took him at the corner of Farringdon-street, and held him-till Pearse, who had the coat, came up.
Cross-examined. Q. Did you see the prisoner when you first heard the cry of "Stop thief?" A. No—I had to run about forty yards, and then saw him running across the street.
WILLIAM PEARSE . I am a private watchman to Mr. Boyd, on Snowbill—about half-past four o'clock this morning, I saw the prisoner on Snow-hill, behind a wagon with another—I followed them—they separated,
and one went on one side of the street and the other on the other side—I walked up on the Saracen's Head side—the other man had nothing in his possession—I went across and saw the prisoner standing with this coat on his arm with some straw hanging about it, as if it came from the wagon—I said to him, "What have you got there?" he said, "What do you want to know for?"—he tried to shuffle away, but I caught him by the collar with my right hand, and took the coat with my left—he ran off.
Cross-examined. Q. Was it a very light morning? A. This happened near a lamp—it was a very fine night—I did not see the prisoner for more than a minute—I never saw him before—I have not the slightest doubt of him.
(The prisoner received a good character.)
GUILTY . Aged 34.— Confined Six Months.
WILLIAM ALEXANDER PROVOST . I live in Abingdon-street, Westminster. On the morning of the 14th of December, I was passing along Smithfield with a friend—in consequence of information, I examined my pocket, and my handkerchief was gone—I found White in custody of Heritage—I had myself taken Bryan—this is my handkerchief—(looking at it.)
HENRY HERITAGE . I am an oilman, and live on Snow-hill. About half-past eleven o'clock, on the morning of the 14th of December, I was behind my counter, looking through the shop door—I saw the prosecute pass by, with another gentleman, and the two prisoners at their heels—I had suspicion, and followed them as far as Smithfield—I then saw White put his band into the prosecutor's pocket, and take out this handkerchief—I do not know what he did with it at the moment, but I saw him drop it—I picked it up, and gave it to a policeman—Bryan walked on, and the prosecutor stopped him—he was as close to White as he could be all the way from my house to Smithfield—they were walking together—I was not near enough to hear them speak, but I saw them look round in their turns—one could not commit a robbery without the other seeing it—I have not the least doubt they were on a common purpose.
GEORGE CRAWLEY (City police-constable No. 61.) I received Bryan is custody, with the handkerchief—I have seen both the prisoners about Smithfield, but I cannot exactly say that I have seen them together.
White. I hope you will be merciful to me this time, nothing but extreme poverty and distress have drawn me from the paths of rectitude.
Bryan's Defence. I am quite innocent—I don't know White at all.
WHITE— GUILTY . Aged 25.— Confined Three Months.
BRYAN— NOT GUILTY .
another, came to my brother, who was picking larks, and asked him how many he could pick in a day—he took no notice of them, and they went away—I then saw Bean go over to Mrs. Batten's board, and lift up a piece of bacon—Mrs. Batten's foreman came to light the gas, and when Bean saw him, he put down the bacon, and went away—White and the other followed him—they came back again in about two minutes—Bean went and laid a basket underneath Mrs. Batten's shop-board, and pulled the bacon down into it—White and the other were then standing about two doors from Mrs. Batten's—Bean lifted the basket on his head, and walked off, the other two following him—I went and told my master, and he gave information.
HENRY HERITAGE . I am in the service of Mrs. Norah Batten, a widow. I went in pursuit of the prisoners, and overtook them in Leadenhall-market, both together—Bean had a basket—I asked him how he came by it—he made no answer—I lifted up the straw, and found the bacon in it—it is my mistress's.
Bean's Defence. The basket did not belong to me—it was on a bench—I don't know how the bacon got into it—I was waiting for my brother in the market—the little boy is mistaken in me—I know nothing about it.
BEAN— GUILTY . Aged 16.
WHITE— GUILTY . Aged 18.
Confined Two Months.
WILLIAM ADOLPHUS BIDDLE . I am a tailor, and live in West-street. On the 6th of December I saw my coat safe on a block, near the door, about half an hour before it was takes—this is it—(looking at it.)
JOSIAH HOLDER . I am in the prosecutor's employ. On the afternoon of the 6th of December I saw the prisoner passing backwards and forwards seven or eight times, looking in at the door—at last I saw him unbutton the coat, which was on a block inside the shop door, and take it off—I ran out and caught hold of him with it in his possession—he was in the act of giving it to another person, who, when he saw me, ran away and threw it on the ground.
Prisoner. I had scalded wet at the time, and could not run—I never had the coat—when he took me I told him that was the man who ran along there. Witness. I am confident the prisoner is the man who took it off the block—I was watching him all the time going backwards and forwards—he walked quite expertly—he did not appear to me to he lame—the coat was about fourteen inches from the sill of the door—I was about two yards inside myself, and saw his face several times—I got ready to run out the moment he snatched it—I don't think he saw me—he was not two yards from the door when I took him.
MR. W. W. COPE, (governor of Newgate.) I saw the prisoner when he came into prison, and drew the doctor's attention to him in consequence of his being lame, and he immediately ordered him into the infirmary—he could walk, but very badly—the officer took hold of his arm coming up the steps of the prison to assist him, but he would have greater difficulty in getting up the steps than in walking.
GUILTY . Aged 18.— Confined Six Months.
ANTHONY BROWN . I am ostler to Mr. Henry Clark, job-master, Beanmont-mews, High-street, Marylebone. About eight o'clock on Saturday evening, the 8th of December, hearing the dog bark I went to the coach-house, and found the prisoner there in a carriage—I had a light with me—I caught hold of him, shook him, and asked how he came there—he said he did not know, he had been drinking—he asked what it was o'clock—I said about eight o'clock—he immediately jumped out of the carriage, and went away—I looked in, and saw the cushions were cut open, and the horse-hair taken out—on examining further I found four cushions in another carriage cut open and the hair taken out, two gig cushions cut open and the hair taken out, and six cushions gone away altogether—my son took up a wrong person on suspicion—I am sure the prisoner is the person I saw in the carriage—I have not the least doubt—I don't think he had been drinking—I let him run away, as I did not know any mischief was done till I looked into the carriage, and found the cushions cut open—I had seen then at twelve o'clock that day quite safe.
HENRY BROWN . I am the son of the last witness, and live with him. I know the prisoner by seeing him about the Mews—I heard of the robbery between nine and ten o'clock on Saturday night, and went after the prisoner on Sunday morning—I took another person in charge, in consequence of information from the witness Cole, and when my father saw him, he said it was not the person.
HENRY COLE . I am an errand boy, and live in Marylebone-court—about eight o'clock on this Saturday night, I saw the prisoner and another, loaded with large bundles of horse-hair under their arms—I knew the prisoner, and asked him what he had done with the candlesticks that were missing in Marylebone-court—he said he had done nothing with them—I asked him how he had got the horse-hair, and cried "Stop thief"—he went on very quick, and did not stop.
HILL BECK , (police-constable D 127.) I went after the prisoner on Sunday morning, and found him at No. 12, Great Chesterfield-street—I found 1s. 6 1/2 d., and a key on him—some horse-hair was found on him by another officer, who is not here.
Prisoner's Defence. It was not me the witness saw—at eight o'clock on Saturday-night, I was in Drury-lane—I went to Oxford-street about nine o'clock, and stopped to hear a song—it was ten o'clock when I got home—I went to bed then, and never went out after—I have no witnessess here to prove it—I was by myself.
JOHN STEVENS . I am a coach-maker, and live at No. 12, Great Chesterfield-street, Marylebone. I have known the prisoner about six months—his mother is a tenant of mine—what I have to state is, that the witness Cole admitted, in my hearing, and in the hearing of several at the Police-office, that he sold a portion of the horse-hair a day or two previous to the Saturday, for fourpence, at a marine-store shop.
HENRY COLE , re-examined. I did not say so, that I swear—I did sell a little once in Woodstock-street for two-pence, but that I picked up in Beaumont-street, and a lad named James Divine was with me at the time—that is a good bit ago—I do not know how long—I never stole any—I am not in any employ now—I live with my mother—I lived
with Mr. Harford of the Auction Mart for two or three months—I have got my living for the last three months, by going errands for gentle—man in Weymouth-street, with letters—I have known the prisoner about six months—I have never been out thieving with him—I am not in the habit of being out late, not later than six or seven o'clock.
GUILTY * Aged 18.— Confined Six Months.
REBECCA DEAL . I am the wife of Moses Deal, a dealer in earthen-ware, in Bell-street, Edgeware-road. On the 13th of December, about half-past three o'clock, in consequence of information given me by my opposite neighbour, Mr. Reed, I looked and missed two tumblers, which I had seen safe not five minutes before—I went to Mrs. Austin's, a marine-store dealer, and found Conway there—I told him he had taken my glasses—he denied it—Mrs. Austin came into the shop with the uses in her hand, and said, "Do you mean to say these are your glasses?"—I said they were—she said, "Why I have just brought them off my mantel-shelf"—I believe her name is Maria Ford, but she is called Mrs. Austin—I know the glasses to be mine—(looking at them.)
JOHN REED . I live opposite the prosecutrix. About half-past three o'clock this day, I saw the two prisoners about Deal's shop—I saw Woodyer take up the glasses and give them to Conway, who put them under his jacket, and walked into the marine-store shop, which is close by—I ran across and told the prosecutrix.
MARIA FORD . I keep a marine-store shop—I never saw the boy, or bought the glasses—my house was undergoing repair at the time—I had a lot of glasses in my kitchen, and I thought my little girl had brought these out, and put them on the mantel-shelf—I found them there and thought they were mine—I did not buy them.
GEORGE HILLIER . I am a policeman. I took the prisoners into costody—Conway told-me that he had taken the glasses into the marine-store shop, and if I would go there with him, he would show me the girl that had taken them from him—he said Woodyer stole the glasses, and gave them to him to sell—Woodyer told me he had not been out of his room that day.
Conway's Defence. I never toot them into the shop—I never had them.
Woodyer's Defence. I was in my own room, and was not out of it—I was not near the place, and knew nothing of it, till the policeman came and took me—I do not know Conway.
CONWAY*— GUILTY . Aged 14.— Transported for Seven Years.
WOODYER— GUILTY . Aged 13.— Confined Three Months.
clerk of a chapel, of which the prisoner was a member—we have a box in the vestry-room, where money is kept belonging to the chapel, and under my care—there was a pocket-book in the box, containing a half-sovereign, three shillings, two sixpences, and 3d., and five halfpence—on the 4th of December I went into the chapel, found the box broken open, and all the property gone—I went to the prisoner the same night and accused him of it—he denied it, and I took no further notice of it till I received information from the witness Calor—this is my pocket-book—(looking at it)—I will swear to it.
JOHN CALOR . I am an errand-boy, and live in Southampton-coon Tottenham-court-road—I met the prisoner in Tottenham-place, on Friday, the 7th of December, and asked him if he would stand a pot of beer—he said he had no money, but he would go home and get some—he went came back in about half an hour, and stood a quartern of gin—he pulled out a shilling and changed it, and I saw a pocket-book and some silver—I only saw the cover of the pocket-book—it was like this—(looking at one)
CHARLES GIDLEY (police-constable C 43.) I took the prisoner into custody on Saturday, the 8th of December—he said he did not do this, and knew nothing at all about it—as we were going along the prosecutor said, even then, if he acknowledged it, and made up the sum to him, he would forgive him—he said he knew nothing at all about it.
THOMAS TAYLOR (police-constable S 210.) I was on duty at the station-house on Saturday night, the 8th of December, when the prisoner in j brought there—on taking him down to lock him up, I said, "You law made a very foolish job of this, have you not, young man?"—he said, "I will tell you where the pocket-book is, it is down the privy; I have enlisted in the 66th Regiment; and if you will speak to the prosecutor, and tell him not to appear against me, he shall stop my money till it is paid up"—I found the pocket-book in the privy afterwards.
GUILTY . Aged 16.— Confined Three Days.
(The sergeant of the regiment engaged to take him directly.)
NEW COURT.—Wednesday, December 19th, 1838.
Sixth Jury, before Mr. Re order.
314. FREDERICK TILLER was indicted for stealing, on the 6th of December, 1 coat, value 1l., and 1 gun-screw, value 1s., the goods Robert Faulder White, from a vessel on the navigable river Thames: to which he pleaded
GUILTY . Aged 34.— Confined Three Months.
MR. ELLIS conducted the Prosecution.
MARY BURNETT . My husband is a grocer, and lives in Crawford-street, St. Marylebone. About nine o'clock in the morning on the 3rd of November, Harrington came to my shop for some sugar—I was in the parlour—the boy, who was behind the counter, gave her the sugar, and she laid down some money—I came into the shop, and saw a shilling on the counter, I took it up, and said it was a bad one, and I should not return
it to her, (I had seen her the night before)—she said a woman had sent her for the sugar—she went out of the shop, and left the sugar and the shilling—I took it and laid it on the parlour mantel-piece—I afterwards rare it to the policeman Eagling—I saw Harrington join Leonard at the corner of Seymour-place, about ten doors from our house.
STEPHEN AUGUSTUS WETHERDEN . I serve at Mrs. Burnett's—Harrington came in for a 1/4 lb. of sixpenny sugar, and offered a shilling—my mistress was coming in, I slid the shilling along the counter to her—she took it up—I followed Harrington after she left, to the corner of York-street, about one hundred yards from our house, and there she joined Leonard—she could not see from there what Harrington was about at my master's—they walked down York-street to St. Mary's Church, they then came back, and Harrington went into Mrs. Innocent's shop—Leonard stood on the other side of the way—Harrington came out, and then they went together again on to the corner of the street, and then came back again—I came home and told my mistress—she sent me to tell the policeman—Leonard was then standing at the corner of Seymour-place—Harrington came to her, and then the constable followed them.
SOPHIA INNOCENT . My husband is a grocer in Seymour-place. Harrington came into our shop for a 1/4 lb. of sevenpenny sugar, which I put on the counter, she placed a bad shilling by the side of it—I took it up and robbed it—I told her it was bad—she took it up, pushed the sugar towards me, and said she must leave it, and left the shop—I examined it carefully.
Harrington. I never was in the shop. Witness. Yes, it was you.
EDWARD THOMAS EAGLING (police-sergeant D 12.) On the 3rd of November I was on duty in Seymour-place—Wetherden pointed out Leonard standing at the corner of the street—I saw Harrington join her—I followed them down Seymour-place into Bryanstone-place—I let them goon—I went to the next turning, and they passed me there—I went on to Gloucester-place, and as I got to Dorset-street, Leonard saw me and ran down a mews—I kept my eye on Harrington, who kept walking about looking for her—Leonard came along while I was in Dorset-street—she and the other went one road—they then joined and went to Manchester-street, where I took them both—I returned as far as Baker-street, and saw something on the move—I called another officer to take Leonard—in going along, she threw this paper away, with three shillings in it—it appeared to fall from her bosom—the other constable took it up, and I took this other shilling from her hand afterwards—I received this shilling from Mrs. Burnett.
HARRINGTON— GUILTY . Aged 19.— Confined Nine Months.
LEONARD— NOT GUILTY .
MR. ELLIS conducted the Prosecution.
I was on duty—the prisoner was pointed out to me by Wetherden, at the corner of Seymour-place, and while there another person came up and joined her—I followed them to Gloucester-place, and met them in Dorset-street—the prisoner saw me, parted from her companion, and ran down a mews—I sauntered some time, and she returned from the mews and joined her companion—I took them, and handed the prisoner to the other constable—I said to the prisoner at the station-house, how came you to throw that money away—she said, "I did not"—she was searched—some tea and sugar and good money were found upon her—I found on her one shilling, and the exact change of 2s., 1s. 8 1/4 d., with a quarter of a pound of sugar, and half an ounce of tea—I saw Leonard first, and then Harrington joined her—they parted for five or ten minutes—they then joined again—they were taken together.
Prisoner. The three shillings dropped out of my hand where I had my own good money, which was the change for half a crown—I was not able to run, nor am I now—I dropped the money through your taking hold of me. Witness. She dropped it before any one touched her—I afterwards took another shilling out of her hand wrapped up in another bit of paper—she did run.
NICHOLAS MANNE (police-constable D 88.) I was on duty, Eagling gave the prisoner into my charge—she had her right-hand up to her breast, and let this paper drop out of her right-hand—I took it up, and in it was three shillings—I had not touched her hand or arm before she dropped it—it was her own act—I let go of her for one hundred and fifty yards before she dropped this.
STEPHEN AUGUSTUS WETHERDEN re-examined. After Harrington had uttered the shilling at my master's shop, I watched her out—she went on to the corner of York-street, and there the prisoner Leonard joined her.
Prisoner's Defence. On the Saturday morning as I was coming across the mews, I picked up one paper with three shillings in it, and then another paper with one shilling in it—I did not know it was bad—I returned, and the last prisoner crossed, and asked me her way—the policeman then came and took me—I know nothing of the last prisoner—if she walked on the same side of the way I did, I do not know—I had the money in my hand till the policeman laid hold of me—I then dropped it.
GUILTY . Aged 33.— Confined Nine Months.
ANN NEWMAN . I am eight years old. My father keeps an oil-shop in Cursitor-street, Chancery-lane. On Wednesday night, the 5th of December, the prisoner came into the shop, between seven and eight o'clock—she asked for a halfpenny candle—I served her—she gave me a sixpence—I called my mother, and gave her the same sixpence.
FRANCES NEWMAN . I am the mother of the last witness. I received a sixpence from her, and gave the prisoner 5 1/2 d. change—this is the very sixpence—I did not find it was bad till she was gone—the prisoner is the person.
ELIZABETH ARKILL . My father, John Arkill, lives in Tottenham-street. On Thursday, the 6th of December, about eight o'clock in the evening, the prisoner came to my father's shop for a penny pie—she laid down a shilling to me—I gave it to my mother directly—I am certain it is the one she put down.
ELIZA ARKILL . I am the mother of the last witness. I saw her serve the prisoner with a pie—she gave me the shilling—I laid it on the shelf, at the back of the shop—I said, "This is a bad shilling"—she said, "Is it?" I said, "Yes, I think you are aware of it; I shall not give it to you till you bring the person you had it of"—she left the shop, and did not take the pie nor the shilling—I showed the shilling to my husband—he laid it io the same place again, and at last gave it to the officer, Collison.
Prisoner. Q. Can you swear it was me? A. Yes, I can; you had the same gown and shawl on as you have now.
WILLIAM DUNDAS KEY . I am a chemist, and live in Oxford-street. On the 7th of December, about three o'clock in the afternoon, the prisoner came for an ounce of salts, which was one penny—she offered a bad shilling—I gave her into custody, and I gave the shilling to the policeman.
Prisoner. I am an unfortunate girl—a man gave me a shilling, and I went to the doctor's for the salts—he said it was bad—I was not in the shop of the other witness.
GUILTY . Aged 15.— Confined Six Months.
JOSEPH SHARP . I am an eating-house keeper and beer-seller, in Cumberland-market. About twelve o'clock, on the 29th of November, the prisoner came in, and called for a pint of porter, which came to 1 1/2 d.—he gave me a half-crown—I gave him 2s. 4 1/2 d.—directly I picked the half-crown up I found it was bad—he was gone—I left my bar, and ran after him, but could not see him—I put it into my pocket—I had no other money there—I kept it till Monday evening, the 3rd of December, when he came again for another pint of porter, and offered another half-crown—I recognised him, and asked where he got the half-crown—he said he took it from his master at Paddington—I took hold of him, and told him he had been before and given me one half-crown—he said he had not been there before—I gave him in charge, and gave Morton the last half-crown—I produce the others.
Prisoner's Defence. Some men were waiting in the back room, where his wife took the half-crown—the man came out and took hold of me—I said, I got it from my master—he gave me to the officer—he said he took half-a-crown on Saturday, and he would see if he could not get expenses enough out of me to pay him for all.
GUILTY . Aged 23.— Confined Twelve Months.
BASSILS MIDDLETON . I keep a butter shop in Great Peter-street, Westminster. On the 27th of November the prisoner came to my shop, and asked for 1/4 d. of shilling butter—I served him—he offered sixpence—I gave him change, and he went away—I remarked that it was bad, and did not put it into the till—I put it on the mantel-piece in the parlour—on the 28th he came again for 1/4 lb, of shilling butter, and offered me a shilling—I saw it was bad, and called my wife to go for a policeman—the prisoner said he had got good money to pay for it—I said I had sent for a policeman, and he ran out of the shop—I pursued and caught him—I gave the shilling and the other sixpence to the policeman.
Prisoner's Defence. I was never in the shop before, and did not know the shilling was bad—I told him in the shop that a woman gave it me to fetch some butter.
GUILTY . Aged 17.— Confined Six Months.
WILLIAM LENEY . I am barman to James Vivian, at the Anchor, in Farringdon-street. On the 4th of December I saw the prisoner with another man, who called himself Leman, between four and five o'clock in the afternoon—the prisoner asked for a pint of beer, which was 1 1/2 d.—he gave me a bad shilling—I saw it was bad—I asked him whether he knew what he gave me—he said, "Yes," and he had taken it of me half an hour before—I knew him before, but I had not seen him for the last three or four months—I kept the shilling—he told me not to keep it—that he had taken it at the Robin Hood—his companion offered to pay for the beer—I sent for a policeman, and then the prisoner paid me in copper—I gave the shilling to the policeman.
Prisoner. Q. Did you state at Guildhall that I told you I took it at the Robin Hood? A. I do not think I did—I was asked but very few
questions there—I asked you if you knew the shilling was bad—you told me, "Yes"—I asked you to pay for the beer—you said you would not, but you did afterwards.
JOHN VIVIAN . I am the father of James Vivian. I was sent for to the Anchor public-house when this happened, and went—the constable asked me if I meant to press the charge—I said, he ought to know best, it was my son's business, not mine—the prisoner said I ought not to press the charge, as I knew him to be an old customer—he then said, "I suppose you to be a man of intellect, I know it is a bad shilling, I have other bad money about me, you ought not to do it"—I then told the officer to do his duty, and search him—the officer said, "You must go with me, to my Inspector"—he said, "I shall not go, till I think proper"—the officer sent for more assistance, and they took him away.
Prisoner. I never spoke a word to him.
SAMUEL ALLEN (City police-constable No. 51.) I was called into the Anchor public-house, and the prisoner was standing at the bar, with another man—I told the prisoner, he had much better pay for the beer—he said he would not pay for it—I asked him again—he said he would not—the other offered 1 1/2 d. to pay for it—the prisoner took the 1 1/2 d. out of his hand, and said he should not pay for it—the prisoner paid for the beer himself, with that 1 1/2 d.—I received this shilling from Leney—(producing it)—when Vivian was sent for, I heard the conversation between him and the prisoner—I heard him tell Mr. Vivian, "You are a man of intellect, you ought not to do it"—he said, "Do what?"—the prisoner said, "To press the charge—I know it is a bad shilling, and I have other bad money about me"—he was not searched, there being two together, I detained them till the arrival of my sergeant—he went very quietly half-way up Skinner-street, and then made use of very bad language, tried to force himself out of my hand, and threw himself on his back—I held him by the collar with my right hand, and with my left held his left hand—he struggled very much to get his left hand at liberty—I was present when he was searched at the watch-house, and something went down his trowsers—I picked a purse up, and gave it into the hand of my sergeant—I saw a good half-crown and a bad one, and two good sixpences taken from it.
CHARLES WALLER (City police-sergeant No. 8.) I was sent for, and helped to take the prisoner—I assisted in carrying him to the station-house in Giltspur-street—he tried to release himself, and laid himself down in the street—with great force we took him to the station-house—in searching him I heard something jingle—I could not see any thing—in the course of a minute, something went down the thigh of his trowsers—I had felt in his waistcoat-pocket before, and found 4 1/2 d. in copper, and nothing in his trowsers' pocket—something dropped—I cast my eye on it, and saw it was a purse—I told Allen to give it to me, which he did—I searched the prisoner, and in his coat-pocket found three pairs of tips for shoes—I asked the prisoner what he was—he said, "A miller"—I asked where he lived—he hesitated, and said, "No. 2, East Harding-street"—I sent Allen there—he came back, and said it was no such thing—the prisoner then said, "No. 2, Leather-lane"—I went there, and found he did not live there—I have kept the bad half-crown ever since—(producing it.)
Prisoner. Q. Did you state that you picked up the purse? A. No—I said it fell from your trowsers.
Prisoner. Q. What was the name of the landlord? A. Neither the landlord nor landlady were within—I asked one of the lodgers—they did not know him by name nor by description.
MR. JOHN FIELD . This shilling and half-crown are both counterfeit. Prisoner's Defence. At the request of the pot-boy of the Robin Hood, I went to Tower-hill to get a ship—we went into the Queen's Head, and made inquiry there whether they wanted recruits for the navy—the landlady said no, they were full—after having two or three pints of beer we returned home—I changed half-a-sovereign at a house near the Minories, and received a half-crown, four shillings, and five sixpences—we then went home—Leney, the boy, said we would have half-a-pint of beer—we went to Vivian's—I tendered a shilling, and he said it was bad—I did not state it was taken from him—he said he should send for a policeman, and I was taken—this half-crown I had received in Leather-lane a fortnight before, and had it knocking about, and on the day stated I put it into my purse—I live at No. 2, Hole-in-the-wall-court, Leather-lane—if I had been disposed to escape I should have paid for the beer and got away—it is evident no person could attempt to pass it as it is now.
(The prisoner received a good character.)
GUILTY . Aged 32.— Confined Six Months.
ELIZABETH ARKILL . I am the daughter of John Arkill, and live in Tottenham-street. About three o'clock on the afternoon of the 22nd of November, the prisoner came for a penny pie—he offered me a shilling—I gave him the pie and 11d.—while I was giving him the pie he put his hand on the change, and then he said he would take a twopenny one—he took away the change and the pie—I took a penny back—I gave the shilling to my father—he put it on the shelf.
Prisoner. When she saw me she did not know me. Witness. I did not know him so well by gaslight as I did by daylight, but I am certain it was him.
JAMES TAPPER . I lodge in the house in Tottenham-street—I know the prisoner by sight—I saw him standing by the Queen's Theatre, which is about two doors off, as I was going out on the 22d of November, and when I came back I saw him in the shop—I am quite certain of that—I saw him there two or three minutes before he came into the shop.
THOMAS SWINDELL . I am a milkman, and live in Sussex-street, Tottenham-court-road. On the 28th of November the prisoner came for a penny egg—he gave me a half-crown—I gave him two shillings of the present Queen's coinage, and 5d. in halfpence—I am sure they were good shillings—I turned to put the half-crown into the till, and he said, "I think this is a bad shilling"—I said "Which?"—he gave me one which I felt was not the one I gave him—it was one of George III.'s—I am quite certain that both those I gave him were of the Queen's coinage—I asked him for the other shilling which I gave him—he gave me one which I had given him—I said, "I want another like this"—he said they were the two I had given him, he had got no more—I said I must send for some one that could find it—I sent for an officer—he was taken away with the good shilling which he gave me back—the policeman said he had got nothing else, but after a
violent struggle I saw a good shilling drop from his mouth, which was one of the Queen's coinage.
Prisoner. I asked for a penny egg—he gave me a new shilling and an old one—I said, "This is a had one"—he said, "Where is the other one, you have come to play me a trick, because I have got one now at the Sessions"—I laid I did not know what he meant, I had no other—the constable took me, and the shilling was found in my mouth, but it was my own, bring nowhere else to put the money—I was going to lay the halfpence oat for victuals.
HENRY SMITH (police-constable E 148.) I took the prisoner, and received this had shilling from Swindell—I asked the prisoner if he was certain that was the one Mr. Swindell gave him—he said, "Yes"—I lurched him and found 5d. in halfpence in his pocket—I then asked him to open his mouth—he refused—I hit him under the chin and heard something rattle, and after a struggle I and my brother officer got a shilling from his mouth—it is the good shilling, and here is the shilling I got from Arkill.
FRANCIS FRYER (police-sergeant E 15.) I assisted in searching the prisoner at the station-house—I distinctly heard something in his mouth—I seized him by the collar and the throat, to prevent his swallowing it, and after struggling a few seconds, this shilling fell from his mouth.
MR. JOHN FIELD . This one is a counterfeit of the reign of George the Third—these others are good ones of this reign—this one produced by Smith from Arkill is also counterfeit, of the reign of George the Third.
GUILTY . Aged 17.— Confined Twelve Months.
MAEGARET WADE . I am the wife of Henry Wade, a chandler, at Chippiag Barnet, in Hertfordshire, we live two hundred yards in the county. I can undertake to say we are within five hundred yards—I saw the prisoner on Tuesday week, at a quarter-past four o'clock—he asked the price of a pork pasty which was in the window—it was threepence—he threw down half-a-crown—I gave him change, and put it in the till—there was tome small money there, but no other half-crown.
Prisoner. I deny going into the lady's shop. Witness. I cannot take my oath it was the prisoner—I can swear to the pasty.
ANN NEGUS . I am the wife of William Negus, who keeps a chandler's shop at Hadley, in Middlesex. About five o'clock on the 11th of December, the prisoner came for a 1/4 lb. of cheese, which is two-pence half-penny—he gave me a half-crown—I gave him change—the moment he went out I saw the half-crown was bad—I saw it before, and he said it had been among tobacco in his pocket—I went after him—my place is about two hundred yards from Wade's—the prisoner was overtaken by me and Hawkins and Pye—there was another, man with him—this is the half-crown.
SAMUEL HAWKINS . I am a shoemaker at Hadley. I followed after the prisoner because my son, who is the patrol, was out of the way—I saw the prisoner about sixty yards from Negus's door—Mrs. Negus said he was the man—I pursued him and another man—they ran—I believe
they did not see me—I pursued them about three hundred yards—they then stooped down by the side of the road as if they did something—I did not mark the place where they did it—about fifty yards before I overtook the prisoner, a cart passed, and I got behind and overtook them—I said to the prisoner, "You have given this poor woman a bad half-a-crown"—he said, "Take this good one and give her"—I stopped him till Mr. Pye came up—he searched, and found the pasty and cheese on the other man.
ISAAC PYE . I was assisting in the pursuit—I found in the prisoner's hand a good half-crown, and on the other man a piece of cheese, a pork pasty, a roll, 5 1/2 d. in copper, two shillings, and three sixpences—I saw the half-a-crown on Mrs. Wade's counter, and saw it was bad.
MRS. WADE re-examined. I produce the half-crown—I saw the other man that was taken with the prisoner—I do not think he was the man that bought the pasty.
WILLIAM WRIGHT . I am a police-constable at Barnet. I took the prisoner to gaol—he told me that Mr. Powell knew him, and that he had given himself up to be transported, he would speak the truth—he said he and Jones, who was discharged by the Magistrate, had both come out together, and had five half-crowns—that he had passed two, and had three in his possession when the officer stopped him.
GUILTY . Aged 22.— Confined One Year.
WILLIAM THOROGOOD . I am waiter to Elizabeth Mullins, a coffee-house keeper in Farringdon-street. The prisoner frequents the house once or twice in a month—on Sunday morning, the 16th of December, he called for a cup of coffee and a small slice of bread and butter, which came to 2d.—he gave me a half-crown—I gave him 2s. 4d.—I put the half-crown into my breeches pocket—I had there five shillings and eight sixpences, but no half-crown or crown, I am certain—about three minutes after, I was going to give change for a half-sovereign, and found I had a bad half-crown—I went to the room and the prisoner was gone—I then put the half-crown into my waistcoat pocket, and did not pull it out till the next morning, between eight and nine o'clock, when the prisoner then entered the room again, and called for a cup of coffee, and bread and butter—he put down a shilling—I took it up, and said, "What do you call this, it is a bad one?"—he said, "It is good"—I said, "No, you tricked me yesterday morning, I will trick you now"—he put his hand into his pocket, and said, "I have got 2d."—I sent for Thorpe, and gave him the money, and he took the prisoner.
GUILTY . Aged 19.— Confined Six Months.
the Commercial-road. Between eight and nine o'clock in the evening of the 4th of December, Hadley came into the shop, and said he wanted to buy half a dozen of knives—Barry stopped close outside the window—it is a glass door—it was shut, but Hadley left it a little open—Hadley looked at the knives, then went out and spoke to Barry—Hadley came in again, and told me to put the knives by till he fetehed his money—in about five minutes they came back together—Barry laid hold of the shop-door, so as to keep it open—Hadley took the knives with his hand, and while he was pretending to put the money into my other hand, he gave the hires to Barry, and they both ran out—I gave an alarm, and Barry was stopped.
Cross-examined by MR. DOANE. Q. Are you quite sure these are the boys? A. Yes—I am sure that Barry received these knives from Hadley—I saw that distinctly—the door is very near to the counter.
JAMES FITZSIMONS . I live in Joy-place—I heard the cry, ran out, and caught Barry—he said, if I did not leave go he would stick a knife into me—the other who was with him ran away—the policeman came up and took him off—Barry said it was two boys who ran up the street.
WILLIAM BAXTER (police-constable K 103.) I took Hadley into custody, from information from Barry—Hadley's father asked him, in my presence, if he had been in the shop, or taken the knives, and he said he had.
BARRY— GUILTY . Aged 12.— Confined One Month, and whipped.
HADLEY— GUILTY . Aged 13.— Confined One Month.
SOREN SAMUEL PALM . I live in High-street, Shadwell. I was standing behind my counter, about seven o'clock in the evening, on the 5th of December, talking to three other persons—I heard something slide off a railing inside my window—I turned, and saw the waistcoat fall from the railing—I went round, and saw the prisoner behind the door—he started off, but was taken—while he was being pursued I (picked the waistcoat up from the floor inside the door—it could not have fallen there, except by the prisoners having done it—this is it—(looking at it.)
Prisoner. I was not inside the door at all. Witness. He was quite inside, and stared me right in the face.
WILLIAM GAY . I am a seaman. I was in the prosecutor's shop, talking to him across the counter—he started from the counter—I looked to the door, and saw the prisoner between the half-door and the bales of goods—he ran out—I followed him—he was stopped, and I gave him in charge.
DONALD MACKAY (police-constable K 76.) I saw a number of people running—I went up, and saw a man collaring the prisoner—he told me he had stolen something from Mr. Palm's shop—I took him back, and he was recognised as the boy that had been in the-shop—he said several times that he had never been in the shop.
Prisoner. I never was in the shop—I was going on an errand for my mother.
slid his band behind the shutters, got the waistcoat out, and dropped it, when he saw me coming round the counter—no one else was near enough to take it.
GUILTY .* Aged 15.— Confined Three Months.
326. ROBERT COLEMAN was indicted for stealing, on the 3rd of December, 1 jacket, value 4s.; 1 waistcoat, value 1s. 6d.; 2 pairs of trowsers, value 5s. 6d.; 1 shirt, value 1s. 6d.; 1 brace, value 1d.; 1 belt, value 3d.; 4 sixpences; and 4 fourpenny-pieces; the goods and monies of James Goodchild the younger.
JAMES GOODCHILD . I live in Bartholomew-close, and am a glazier. On the 3rd of December, I and my wife went to bed at a quarter-past ten o'clock—I had closed the parlour and shop, the street-door was shut, but not locked—my son came in about a quarter of an hour after we were at rest—he comes through my bed-room, to get to his own, he undressed himself, and went to his own room—his clothes were left on a chair in my bed-room—at twelve o'clock I was awoke by my wife, who said, "There is somebody in the room, don't you hear a noise?"—I said, "I don't hear it," and I went to sleep again—my wife awoke me at two o'clock, I went down stairs, and found a bundle of clothes at the foot of the stairs—they were my son's—I opened the street-door, and let in the watchman—I found a pair of shoes on the landing, adjoining the kitchen stairs—the prisoner claimed them at the watch-house—he was found concealed behind a water-closet door, in my kitchen—he had no shoes on.
WILLIAM JOHNSON . I am a watchman. I was called to Mr. Goodchild's at two o'clock, on the 3rd of December—we went down, and found the prisoner with his shoes off—these clothes were lying at the foot of the stairs—the prisoner told me at the watch-house that he had been in the house ever since nine o'clock.
Prisoner's Defence. I went by—the door was open, and I went to lie down—I had no other place to go to that night.
GUILTY . Aged 16.— Confined Six Months.
327. JOHN STUCKEY was indicted for stealing, on the 26th of November, 1 slab of wood, value 2s.; 7 pieces of wood, value 2s.; 5 yards of rope, value 1s.; 10 gross of screws, value 1l. 5s.; 78 pairs of hinges, value 14s.; 8 knobs, value 5s.; and 5 pieces of board, value 2s.; the goods of Stephen Hunt Cockrell, his master.
MR. DOANE conducted the Prosecution.
STEPHEN HUNT COCKRELL . I am a builder, and carry on business at Teddington. The prisoner was in my employ, on and off, ever since February last—he is a wheelwright—on the 26th of November I had information—I got a search-warrant, and went to Twickenham with the officer to the prisoner's house—I there found a quantity of ironmongery, wood, and other articles—(looking at it)—I can swear to part of them, but we have left a great deal at the prisoner's place—these pieces of wood I can swear to, they are called "fellies"—the prisoner had no authority
to take them—this slab of ash is mine—we have got a piece from my premises to match it—here is a gross of screws which I cannot swear to, but I believe the prisoner was not in the habit of using them—he had no occasion whatever to take these things home—there were twenty gross of screws found at his house, and he had no business with them at all—they had been in my counting-house.
Cross-examined by MR. PAYNE. Q. Tell me which of these things you positively swear to? A. These pieces of wood, the elm boards, and this piece of ash—I know this one by this mark round it—these other things I speak to from my belief—I have had the business twelve months—I took it of a person of the name of Hollis—the prisoner was in his employ—I do not know whether the prisoner worked for himself—I applied for a warrant on the 28th of November, and took him before the Magistrate on the 29th—I stated then that if I were allowed time to inspect my books and stock, I expected to be able to swear to other things—he was remanded from Wednesday till Monday, but it would take me nearly a fortnight to ascertain every thing—Mr. Hollis had things of a similar description to those that were in my shop—the prisoner did not give me any offence on the Wednesday before he was taken, by asking for money for a gun—I had Dot bought a gun of him—he asked me on the Wednesday to lend him 10s. more on the gun—he wanted money to purchase it—I had let him have 1l. at first—I swear to this piece of timber by the piece it was cut from.
MR. DOANE. Q. The prisoner was a wheelwright? A. Yes, he would have no occasion for twenty gross of screws, or for hinges—there are hinges here—I missed such, but I cannot swear to them.
On the 26th of November, I went a little after five o'clock to Mr. Cockrell's—there is a house gate there—the workmen do not usually come out of that gate, but I saw the prisoner come out of that gate—he had a barrow with some wood on it, and a basket of shavings on the top of it—it was wood like this—he had a little boy with him—the prisoner locked the gate, and the little boy went on—the prisoner went towards Twickenham, in a direction towards his house—I told my mother, and she told Mr. Cockrell.
Cross-examined. Q. Who was the boy? A. I do not know—I did not say any thing to the prisoner—his coming out of the wrong gate excited my suspicion.
EDWARD NEEVES . I am in the prosecutor's employ. This rope was found at the prisoner's—it is Mr. Cockrell's—I know it by the tie of it—I tied it myself—I put this paint on this piece of wood when Mr. Hollis left.
Cross-examined. Q. Did the wood originally belong to Mr. Hollis? A. I will swear it did not go off the premises in Mr. Hollis's time—there was nothing moved till the paint was put on, and then Mr. Cockrell came and took possession—this rope is tied with a bit of wax-end.
WILLIAM ALLAWAY . I am a sergeant of the Twickenham police. On the 28th of November, I went to the prisoner's premises with the search warrant—I read the warrant to him—I stated I was in search of several barrow sides and fellies—I asked him if he had such things—he said, yes, he bought them—I said, "Can you tell me where you bought them?"—he said, "I shall when I am obliged to do it"—I found a great deal of property, which I have not got here.
Cross-examined. Q. Did he tell you about a little spring track? A. No; I asked him how he became possessed of a great many hinges, knobs, and other things—he said he bought them in London, and that he had exchanged some things for some of them.
MR. PAYNE called
JOHN HOWARD . I am a smith and farrier, and live at Twickenham. I have known the prisoner two years—I have been on his premises from time to time during the last twelve months—I saw his premises thirteen months ago, which was before Mr. Cockrell took Mr. Hollis's business—I saw there a pair of barrow sides and other things—I saw some timber like this produced, and a quantity of screws and a few fellies.
CHARLES CROW . I am a gardener, and live at Twickenham. I have known the prisoner seven or eight years—he did a great deal of work on his own premises in making barrows, repairing and making new wheels, and repairing cart wheels—I have seen barrow sides and other things on his premises in 1837—I have seen barrow sides there similar to these, and elm boards, barrow wheels, and fellies like these.
GUILTY . Aged 26.— Confined Twelve Months.
CHARLES TREFFRY DORMER WILCOCKS . I am a wholesale dealer, and live in Wood-street. On the night of the 3rd of December I was in Cripplegate-buildings, about eight o'clock—I felt something at my pocket—I turned, and saw the two prisoners behind me, about a quarter of a yard from me—I charged them with taking my handkerchief—they said they had not got it—they were taken to the watch-house and searched, and my handkerchief was found on King.
WILLIAM LLOYD . I am a constable of Cripplegate without I received the prisoners, and found on O'Connell one handkerchief—they were talking together in Cripplegate-buildings when the prosecutor came to me—the inspector searched King, and found the prosecutor's handkerchief upon him.
CHARLES GOOD . I am inspector of the watch-house. I found four silk handkerchiefs on King—amongst them was the one claimed by the prosecutor—they are all different patterns, and none of them were marked but Mr. Wilcocks's—I found a belt round King, and one handkerchief was tucked in there—the others in different parts about him, one in the back of his coat, and one up his arm.
MR. WILCOCKS. This is my handkerchief—I had had it safe half a minute before I felt the pull—I turned and missed it immediately—it was pretty tight there.
O'Connel I am innocent.
King's Defence. I picked up the handkerchief four doors before I came to the turning—it was in my back pocket—I told the officer I picked it up, but who took it I don't know—the other two handkerchiefs I bought down Petticoat-lane, for 5s. 9d., of a Jew, and the other is my neck handkerchief—I never saw this boy till the night we were taken.
O'CONNELL*— GUILTY . Aged 16.
KING— GUILIY . Aged 17.
HINRY HANCOCK (police-constable F 42.) I live in Brownlow-street, Drory-lane. On the 12th of December I had a person of the name of Griffiths in custody—he was drunk in Holborn—I took him to the Bow-street station—I stopped at the corner of Great Wild-street—the prisoner noticed me as we were going along—be said, "I know that man, I will lend you a hand"—in going across Drury-lane he said, "Which way are you going?"—I said, "Down Broad-court"—he then took hold of Griffiths's left arm with his right hand and put it behind him, and then I saw him take the pieces out of Griffiths's waistcoat pocket with his left hand—Griffiths said, "I know what you are about, you want to rob me"—the prisoner said, "Oh, he has not so much blunt now as he had about an hour ago"—he lifted up his great coat and put the pieces into his pocket—I heard the sound of them—he did it quite openly, so that I could notice it—I heard three distinct pieces, one by one, drop into his pocket—I took Griffiths to the station—I did not give the prisoner in charge—I walked my to my beat with the prisoner—as we got to Lincoln's Inn-fields he said, "What do you think of that d—d wretch?—I should like to fleece him because he wanted to charge us with robbery"—at the station-house Griffiths had pointed to me, and said, "I give that man in charge, and likewise that (pointing to the prisoner) for robbing me"—after leaving the prisoner I met Knight and told him of all the circumstances—I searched Griffiths at the station, and found on him one shilling, three sixpences, and 8d.
Q. How came you not, if you thought the man was robbing Griffiths, to mention to the inspector "This man has charged us with robbing him, but he has not been robbed, only the prisoner took some pieces out of his pocket, and put them in his own?" A. I did not think the prisoner came with that intention—when I came back, I thought two heads were better than one—I mentioned it to Knight, and he persuaded me to make a report of it.
Cross-examined by Mr. PHILLIPS Q. Was that your reason for not mentioning it to the Inspector? A. It was—I told the Inspector the next morning—they might have searched me, when the drunken man charged us both—I would have told what I had seen, but the prisoner being a fellow-constable, it was rather a critical part to act—the prisoner was taken between six and seven o'clock—I am now in the F division—I have been in the G division—I was removed for drinking with a prostitute in a public-house, but I was up at Hatton-garden off duty at the time—that was not the only report that has been made against me—I have bad several others—I can hardly tell you what they were—they were for different things—I cannot recollect what the first charge was, it is along while ago—the last charge was about two months ago—I cannot recollect what it was—it was since I have been in the F division—I have been two years in the F division—it was for talking to a groom in the Strand, opposite St. Clement's church—that was the last charge against me—I was not punished, I was reprimanded—I have had several reprimands—I was reprimanded before for talking to a person at Mr. Twining's banking-house in the Strand—I have never been reprimanded for drunkenness since I have been in the force—I have been reprimanded fourteen or fifteen times.
WILLIAM GRIFFITHS . I am a waiter, out of place now. I was at the Blue Posts in Fulwood's-rents on the night of the 12th of December—I had been drinking—I have a faint recollection of being taken into custody by a policeman, but I do not know who—I had about 8s. in my left-hand waistcoat pocket—I think I left the Blue Posts about twenty minutes past three o'clock—when it was mentioned to me the next morning, that I had charged a man with robbery, I had some faint recollection of it—when Hancock handed over the money he took, he gave me one shilling, three sixpences, and eight-pence in copper—I said, "This will not do for me, I had more than double that money"—he took me across to the Inspector, and he said to me, "Do you mean to charge one of our men with robbery?"—I said, "I do not know—that is not the money I had in my pocket, that I will swear"—I have no recollection of the prisoner being about me.
WILLIAM BLACK . I am Inspector of the G division of police. I was on duty on the morning of the 12th of December—between three and four o'clock, the witness Griffiths was brought in by Hancock, and the prisoner, when they were trying to get his name, he was insensibly drunk—he muttered something about being robbed, and I desired Hancock to search him—he found 2s. 6d., and 8d. in copper, and then the prisoner and Hancock left the place together—Hancock came back about seven o'clock, and said he wished to tell me what occurred between the prisoner and the drunken man—he said he saw the prisoner put back the man's hand, and put his left hand in his pocket, and take out his money; that he turned up his coat, and dropped three pieces into his own pocket.
Cross-examined. Q. If Hancock had made that charge against him when he brought in the man, would you have felt it your duty to have had him searched? A. I should, Sir, to see what money he had in his pocket.
NOT GUILTY .
THOMAS SHEEN . I am an ironmonger, and live on Holborn-hill. On Sunday night, the 2nd of December, a little after nine o'clock, I was walking by the corner of Field-lane—I felt something at my pocket—I turned, and saw the prisoner walking away with my handkerchief—he dropped it; and three girls who were standing there, directly passed it, one behind the other—the prisoner ran off down Field-lane—I pursued him, but was stopped by two thieves—I came back, went home, disguised myself, went out, and saw the prisoner drinking with some thieves—he then went and sounded several persons' pockets—he then tried a gentleman's pocket, and I laid hold of him—I am quite sure he is the boy—when I took him, he bit my hand—there was an attempt at rescue—I got two good knocks on the head, and I have been threatened since—I had seen the prisoner before.
JOHN FAIR . I am a watchman. I saw a crowd that night near Halborn-bridge—I saw the prosecutor surrounded by a great number of people—I came up and took hold of the prisoner—I was surrounded by half-a-dozen prostitutes—one gave me a violent blow on the eye, and gave me a black eye—she got a month's imprisonment for it—the prisoner
made a most violent attempt to run away, but by the exertions of the prosecutor we got him to the watch-house.
GUILTY . †.—Aged 13.— Transported fot Ten Years.
ANN LAWRENCE . I am the wife of Joseph Lawrence, and live in Charlotte-place, Pimlico. I saw the prisoner at our house on the 20th of. No. vember, at three or four o'clock in the afternoon—I have since missed these articles from a clothes-bag in the kitchen—they were all safe in the bag in the front-kitchen that day—the prisoner was employed in the back-kitchen, washing—I have since seen a shirt and a sheet, which are my husband's—they were in the bag when the prisoner was there—the door'of the frontkitchen had the key in it.
Cross-exammed by MR. BALLANTINE. Q. They were not new? A. No—I had known the prisoner three or four months—I missed these things about the 5th of December—I cannot say when the prisoner had been at the house—she had been several times—she has borne a good character, and has a mother in a distressed state.
SARAH DUHKLEY . I lodge at Mr. Lawrence's house—the prisoner was employed to wash in the back kitchen on the 20th of November—she left about seven o'clock—she came to me to be paid—I saw she had somtthing hanging under her gown—I said, "Your pettieoat hangs down"—I saw her bustle it up as well as she could, and I thought no more of it—I employed her generally about once a fortnight.
ROBERT MALORN (police-sergeant B 3.) I took the prisoner—she gave me up the duplicates of the property, and a great many others—she said she took them through distress—the other pawnbrokers gave up the property to me.
(Property produced and sworn to.)
GUILTY. Aged 21.—Recommended to mercy by the Jury. Judgment Respited.
DAVID VOYER . I am a chimney-sweeper, and live in Gilbert-street, Grosvenor-square—the prisoner has been my apprentice upwards of three years—the last time I saw my handkerchief safe was on a soa in the parlour, on the 1st of December—I charged the prisoner with taking it, and on the way to the station-house he said he had sold it to a boy of the name of Watts, for 5d.
ROBERT WATTS . I am apprentice to William Curran, a hair-dresser, Thomson-street, Grosvenor-square. On Sunday, the 2nd of December, I met the prisoner near Hyde-park—he asked if I wanted to buy a handkerchief
—I said no, I had plenty—he said it was a very good one—I said I had only got 5d—he said he had been offered 1s. 4d. for it—I was going away—he followed me, and said I should have it—as soon as I heard it was stolen I took it to his master.
Fifth Jury, before Mr. Sergeant Arabin.
ANDREW WYNESS . I am a policeman. On the 12th of December, about half-past two o'clock, I met the prisoner in Hanover-square—I lost sight of him for a few minutes, and then met him coming up Little Brook-street—he there met another man—they went down Brook-street to Bond-street, and up and down several streets for about two hours, till half-past four o'clock—when I first met the prisoner he had a basket, which appeared to me to be empty, and at half-past four o'clock I saw the man who had been in company with him put a pot into the basket—I went up and laid hold of them both—they went very quietly with me for some distance—I asked what they had got—they made me no answer—when they had got twenty or thirty yards the prisoner threw the basket over an area, and they both began to struggle very much—the other man made his escape, and left the collar of his coat in my hand—the prisoner made an attempt to throw me down, which he could not do—I secured him against the railing, during which time I received a wound in my arm and another in my leg he then made another attempt to throw me—I called a man, and we got the prisoner to the station-house—I desired the man to take up the pots and bring them to the station-house, which he did—these two pots were in the prisoner's basket.
THOMAS SEABORN. I am cousin to Elizabeth Seaborn, a widow. One of these ports is hers.
Prisoner's Defence. I was out of work—these two pots were in the street, and I picked them up.
GUILTY .* Aged 22.— Transported for Seven Years.
ROBERT FROST . I am in the service of Mr. Simeon Browne, a linendraper, in High-holborn. On the 7th of December, the prisoner came to the shop to match some print—I said we had not got any like it—she had then got this tick under her shawl—she wanted me to look for the print in the window, that she might get it more under her shawl—when she went out, I followed her, and she dropped this tick in coming back again, just outside the door—it is my master's.
Prisoner. This tick was lying on the counter—the man tried to put
his hand down my bosom, and this tick fell down—he pulled me about, and said took it.
GUILTY . Aged 18.— Confined Six Months.
MARY BASSETT . I am the wife of Joseph Bassett, he lives in Brown-street, Marylebone. On Saturday, the 8th of December, I was going to market, at a quarter-past ten o'clock—I had a sovereign, and two shillings, in my pocket—I had a neighbour's little boy with me—there was a show in the street, and I stopped about three minutes—I felt a hand in my pocket, and on turning round, I saw the prisoner's hand come out of my pocket—I am quite certain of that—I felt, and my money was gone—I caught hold of the prisoner, and accused him of robbing me—he offered me some halfpence, and said, "God bless you, Ma'am, I have, only two or three halfpence"—another person went for a policeman, and' the prisoner mixed in the crowd, before some girls—he was taken in about five minutes—I am quite sure he is the person who had his hand in my pocket—my money was loose in my pocket—I lost it all.
EDWARD BROWNE . I am a policeman. I was Bent for, and took the prisoner in the crowd—he said, "The policeman may search me, for I am innocent"—I asked 'him what he had—he said, two sixpences, a fourpenny piece, and 7 1/2 d. in copper, which I found on him, and three duplicates and a knife.
GUILTY . Aged 23.— Confined Six Months.
336. FREDERICK OSBORN was indicted for stealing, on the 29th of November, 11lbs. weight of beef, value 8s. 3d.; 4lbs. weight of cheese, value 3s.; 1/2 lb. weight of butter, value 6d.; and 3 plates, value 3d.; the goods of Isaac Clementson Sanderson.
ROBERT GORDON CANE . I am a policeman. On the 29th of November, I was in Gibson-square, Islington, and met the prisoner—there was a little boy about ten yards before him—the prisoner was carrying this bag—I asked what he had got—he said, what was that to me—I said, "I. wish to know"—he said, "Some grub"—I said, "Where did you get it?"—he said, "Where my mother works"—I took him and found 11lbs. of beef, and the other things stated—I found the owner living at No. 55, Gibson-square.
Prisoner. Q. Did I say anything more? A. You wanted me to put the bag down and look at it there, and I would not.
ISAAC CLEMENTSON SANDERSON . I live at No. 55, Gibson-square, and am a clerk in a solicitor's office. I missed these articles from a safe in my front area, about seven o'clock in the morning, and about eleven o'clock I heard that the prisoner had been taken with it in his possession—I know it is mine—these plates are mine—mine is rather a deep area, and not covered—there are no steps to go down—he must have dropped down.
Prisoner's Defence. I was coming through Gibson-square, and saw two men leave an area—I walked over and saw a bag—I looked at the men—they went away, and then I took the bag—I went on and met the police, man, who wanted to see what I had got—I told him to come to the station-house and see.
GUILTY .* Aged 17.— Transported for Seven Years.
GEORGE TAYLOR . I am an upholsterer. About half-past eight o'clock on the evening of the 2nd of December, I was walking in Biabopsgate-street—I felt a tug, turned and saw the prisoner with my handkerchief in his right-hand—I collared and held him until I saw the officer—this it my handkerchief—(looking at it)
Prisoner's Defence. I picked it up.
GUILTY . Aged 14.— Transported for Ten Years.
HENRY BAMPTON . I am in the service of William John Todd, linendraper, of London-terrace, Knightsbridge. On the 15th of December, the prisoner came to the shop about twenty minutes after twelve o'clock—she took these nine yards of printed cotton off the fstool, put it under her cloak and walked away—I ran to the door, and called a young man from the shop, who ran and stopped her—I saw him take it from her—this is it—it is my master's—the officer took her into custody.
GUILTY . Aged 18.— Confined Six Weeks.
339. SARAH JENNER was indicted for stealing, on the 20th of November, 1 box, value 1s.; 1 necklace, value 4s.; 3 drachms of gold, value 6d.; 1 ring, value 6d.; 2 pairs of ear-ring drops, value 5s.; I finger guard, value 1s.; and 1 buckle, value 1s.; the goods of William Prosser Jones; to which she pleaded
GUILTY. Aged 19.—Recommended to mercy. Confined Nine Months.
(There was another indictment against the prisoner.)
SARAH PARSLOW . I am the wife of John Parslow, of Upper King-street, Bloornabury. The prisoner came into the shop, and took three waistcoats off a brass bar which runs across the window—I distinctly saw him take then—he turned out of the shop—I followed and gave the alarm—I saw several
people in the street, who pursued him—during that time my husband came down and followed the crowd—I saw him again in the custody of my husband—I swear he is the person—I saw him place the waistcoats in his coat pocket.
Cross-examined by MR. BALLANTINE Q. What time of day was this? A. About three o'clock in the afternoon—it was quite light—I was in the parlour which joins the shop, and the door was partly open—I was by the fire, which is straight with the door—when I went out of the parlour he was taking the waistcoats out of the window, and placing them in his coat pocket—his face was towards me—I distinctly saw his face—I did not see him come in—the rattling of a Mackintosh first attracted my attention, and he made away—I am almost certain I had seen him before.
WILLIAM ATKINSON . I live in Well-street. I was passing along Bernard-place, and heard the cry of "Stop thief—the prisoner ran past me—I pursued him to Southampton-street, and there stopped him—there were two waistcoats found by a person I know.
Cross-examined. Q. Where did you first come up with him? A. In Southampton-street—a reverend gentleman, who lives 180 miles from London, and is not here, was holding him. (The prisoner received a good character.)
GUILTY . Aged 24.— Confined Six Months.
ROBERT THOBURN . On the 3rd of December I was in the Commercial-road, East—I saw the prisoner and another looking into a linen-draper's window—they started away, and I saw the prisoner shuffling something under his arm—I overtook the other boy—he called out "Look out, Jem"—the prisoner then dropped this calico—I caught him when he got ten or twelve yards further.
GUILTY . Aged 13.— Confined Six Weeks.
ALFRED MELEN . I am a hair-dresser, and live in the parish of Allhallows, Lombard-street. I have known the prisoner for some time—he is a butcher, and used to call upon me at the shop—he came on the 14th of November—I asked him to take care of my shop while I went out—on the 17th I missed my watch (I had not seen it after the 14th)—I suspected the prisoner, and on Monday-week he came to my lodging, and said he heard that I suspected him of taking my watch—he said I might hear of it, or of the duplicate, in the course of a week—I gave information to the officer.
WILLIAM BRATTON . I am an officer. I received information about the 19th or 20th of November, and saw the prisoner on the 7th of December, in Gracechurch-street—I told him he must go with me to the hair-dresser's—he said, "I have made that all right"—I said, "You must go and let me see"—I went with him, and he had not been there—I took him to the watch-house, and in going along he said he was hard up—that he had taken the watch, and I might find the duplicate al his place of business in Leadenhall market—I went and found it there.
WILLIAM HENRY WARRE . I am a pawnbroker. This watch was pawned on the 14th of November, in the name of "William Brown, Leadenhall market"—and on the 6th of December a person of the name of Bennett called, looked at the watch, and had another duplicate of it in his name—I do not know who it was.
(Property produced and sworn to.)
Prisoner's Defence. The prosecutor asked me to mind his shop while he went out—several persons came in to be shaved, and I went to see for him—he was gone very nearly three quarters of an hour—I picked up the duplicate in going to his shop, and put it into my pocket—and when he told me he had lost a watch, I told him about the duplicate. GUILTY . Aged 21.— Confined Two Months.
THOMAS NORRIS . I live with Mrs. Elizabeth Roberts, in St. John-street-road. On the 13th of December, about a quarter past four o'clock in the afternoon, I was told something, and went out—I saw the prisoner carrying this cheese, about 200 yards from the shop—I brought him back with it—it is my mistress's, and had been outside the door.
THOMAS HARROD . I was coming up St. John-street-road, and saw two boys standing at the prosecutrix's shop—I saw one of them take this cheese, but I cannot say which—the prisoner was one of the boys, and he had the cheese when he was taken.
Prisoner. I was looking fur a situation—a boy said to me, "Here is some cheese," and I took it.
GUILTY . Aged 14.— Confined Six Weeks.
344. JOHN HARRIS was indicted for stealing, on the 17th of December, 2 shirts, value 8s.; 3 handkerchiefs, value 3s; 1 pair of boots, value 1l. 3s.; 2 pairs of drawers, value 10s.; and 2 pairs of stockings, value 4s.; the goods of Edward White, from a vessel on the navigable river Thames; to which he pleaded
GUILTY .— Confined Three Months.
OLD COURT.—Thursday, December 20th, 1838.
Second Jury, before Mr. Sergeant Arabin.
345. EDWARD HUBBARD was indicted for stealing, on the 1st of December, 1 bag, value 1d., the goods of William George Finnister; 2 sovereigns, 1 crown, 6 half-crowns, 10 shillings, 11 sixpences, and 8 half-pence, the monies of Horatio Webb.
WILLIAM GEORGE FINNISTER . I drive an errand cart for Mr. Horatio Webb. On the 1st of December I was driving it in Sloane-street, Chelsea, and met the prisoner—we got chatting together, and I asked him if he would give me a hand—I left him with my cart, while I left my parcels at different houses—he went a good distance round with me—he left me near the Six Bells, in King's-road—a little time after he was gone I felt in my great coat pocket and missed my bag, containing 3l. 15s. 9d.—there were two sovereigns, and the rest was in silver and half-pence—I had left my coat in the cart with the prisoner—nobody but him had been in the cart—I have lost the money altogether.
WILLIAM WISDOM (police-constable B 108.) I apprehended the prisoner, and told him it was on suspicion of robbing Mr. Webb's boy of 3l. 15s. 9d.—he said, "Very well, I will go with you, I had only part of the money, Harry Dance had the rest"—as we were going to the station-house he said, "How much do they say they have lost?"—I said, "4l. 15s. 9d."—he said, "No, there was only 3l. 15s. 9d."—he said, when we were at the station-house, "I took it out of Finnister's pocket near the Six Bells, in King's-road, Chelsea," and he even stated that there was two sovereigns, and the rest was in silver and copper.
GUILTY .* Aged 15.— Transported for Seven Years to the Juvenile Prison.
JOHN AVERY . I am foreman to Mr. James Hill and others, silk manufacturers—we employ a great many women. The prisoner had been about two months in our employ—having missed a great many bobbins, on Saturday, the 15th of December, between ten and eleven o'clock, I marked a good many, and when the prisoner went away at dinner-time I had an officer in waiting, who brought her back as she left the house—she was searched, and these three bobbins were found concealed in her stocking on her leg—one is marked—the other two are not, but they are my master property—these others were found in the prisoner's room, which are also our property—(looking at them.)
GEORGE TEAKLE (police-constable H 8.) I was stationed ready to apprehend the prisoner—I stopped her in the passage of the house—she had not got out—I took her up into the warehouse, and asked if she had any thing about her—she said, "No"—I asked her if she had any objection to be searched—she said, "No"—I examined, and found three bobbins in her stockings—I went to her lodging, and underneath the bed, between the bed and mattrass, I found fourteen bobbins more—she said she was guilty, and begged forgiveness. (The prisoner received a good character.)
GUILTY . Aged 37.— Confined Three Months. December, 4 printed books, value 4s. 6d., the goods of William Miller.
lost four books on the 14th of December, from a shelf in the window—these are them—(looking at them)—they were found at Mr. Telfer's.
JOSIAH CHAPLIN . I am a policeman. On Saturday, the 15th of December, I received information from the prosecutor, and traced the books to Mr. Telfer's, the pawnbroker, in Ratcliff-highway—the prisoner was pointed out to me in that shop as the person who had pawned the books—he was then pawning something else—I took him into custody—he said he had pawned them for a man named Pattison.
THOMAS MICKLEFIELD . I am shopman to Mr. Telfer. The policeman was making inquiries at our shop—I pointed out the prisoner to him, and he was apprehended—the prisoner had pawned the four books with me in the name of Charles Ledger—I knew him before—he said they belonged to his sister, who I knew to be a decent woman.
Prisoner. I said my sister had lent me a petticoat to pledge, not the books. Witness. I asked him with respect to the books, and he said they belonged to his sister, and that the book of sermons was highly valued by her.
Prisoner's Defence. If I had stolen the books I should not hare pledged them where I was in the habit of dealing, and given my right name and address—they were given me to pledge on Friday evening by a man named Pattison, who works in the docks. GUILTY . Aged 25.—Recommended to mercy.— Confined Six Weeks.
Before Mr. Justice Littledale.
348. JOHN AYLETT and HENRY JOHNSON were indicted for stealing, on the 4th of December, at St. Marylebone, 1 sauce tureen and cover, value 2l. 10s.; 4 silver candlesticks, value 16l.; 6 knives, value 10s.; and 6 forks, value 10s.; the goods of Thomas Lindsey Holland, the master of the said John Aylett, in his dwelling-house.
MR. PHILLIPS conducted the Prosecution.
THOMAS LINDSEY HOLLAND . I live at No. 12, Cornwall-terrace, Regent's-perk. The prisoner Aylett was about eight months in my service—my plate was under his care—I missed two pairs of silver candlesticks a sauce tureen, and six plated knives and forks—I know nothing about Johnson.
Cross-examined by MR. DOANE. Q. Did you receive a good character with Aylett? A. Yes—he conducted himself well previously.
COURT. Q. When did you miss these things? A. Not till the officer came to apprehend him.
RICHARD WILCOX FAIRLAND . I am a pawnbroker, and life in Lissiongrove. I produce a pair of silver candlesticks pawned at our shop, on the 5th of December, by the prisoner Johnson, for 5l. 10s.—he was asked, in my hearing, whose they were, and he said they were his own—I have another pair, which he pawned on the 6th of December, with a saucetureen, for 6l.—I thought he was a dealer in these articles—that was the idea we always formed of him—we had known him some time, and had taken previous pledges of him.
Cross-examined by MR. DOANE. Q. He had been in the habit of pawning jewellery, had he not? A. Yes; on the second occasion he got 2l. 10s. extra on the first pair of candlesticks, that made altogether 14l.—he gave his right address, "44, Earl-street"—I only know that to berightfrom the officer—I
have never been to his house—we have known him the last eighteen months.
MR. PHILLIPS. Q. What address is there on that other duplicate which you have? A. "Ann Johnson, 18, Devonshire-street"—I do not know whether he pawned that article, but I know he took it out at the time he brought the 6l. parcel—I have only brought that duplicate for information—it has nothing to do with the property in this case.
JOHN WEBB . I live in Stratford-mews; I know the prisoner Aylett. On the Tuesday night before his apprehension, I went to his master's home to see him—he told me he was in a great deal of trouble, and had had a loss—that he had got ucquainted with a black man, and they had been drinking together—that he took him home to his master's house, and the black man had asked him to allow him to stop to sleep there all night, as he was too late for where he lodged—(I believe he mentioned "Long's hotel")—that he stopped there that night, and next morning, he (Johnson) got up, and demanded of him 5l.—he told him he had not got so much—that Johnson looked over his box of clothes, and from it took a satin waistcoat, and a pearl pin—that Johnson told him that would not do, he must have some plate, which he told him he would pawn the next day, and send the duplicate back to him in a twopenny-post note, and that if he did not let him take the plate away, he would alarm the house, ring the bells, and kick up a disturbance, by which threat he (Aylett) allowed him to take the plate away, being afraid he would disturb the inmates of the house.
Cross-examined by MR. DOANE. Q. How long have you known Aylett? A. Between two and three yean—he has lived in respectable families, as servant—I always thought him a very honest, respectable young man—he told me that Johnson roared out, and made a row with him by hallooing and bawling—he did not express any anxiety at that time that Johnson should be found out and taken, he did on the Friday evening—between the first and second time of my seeing him, I had a communication with Graves the officer—I told Aylett of that, when I saw him on the Friday, and he then said he was glad of it—he also told me to endeavour to raise money from his wife, and other persons, to endeavour to get the plate out—that was the first time, before I mentioned it to the officer—he did not tell me that Johnson had said, unless he allowed him to take away the plate, he would charge him with an abominable offence—I heard of that afterwards.
NATHANIEL GRAVES . I am an officer at the Colosseum, Regent's-park. In consequence of information from Webb, after receiving a letter, I went to Mr. Holland's house on Friday evening, the 7th of December, about half-past nine o'clock, and saw Aylett there—he said he was glad I was come, for he was in a great deal of trouble—that he had given a man who he met in the street his master's plate to pledge—that the man slept with him, as he was too late to get into his lodging at Long's hotel, and that in the morning when Johnson got up he said if be did not give him 5l. he would alarm the house and knock his brains out, and ring the bell—Aylett said he had not got 5l. to give him, but he would rather give him his own things than his master's—that he took him to his box, and Johnson said there was nothing there to satisfy him but a satin waistcoat and a pearl pin, which he took—he said that would not satisfy him, and he then swore he would have some property, he would have some plate, if he could not raise the money—he (Aylett) then gave him two pairs of silver candlesticks, and six
plated knives and forks, which Johnson took away with him, and said, when he sent him the 5l. he would return the plate—I showed Aylett some duplicates which Webb had given to me in the letter—I asked him whether they were the duplicates Webb had received from him, and he said they were—I have accurately stated this conversation—I am the Nathaniel Graves who was examined at the police-office—I went to Mr. Fairland, and gave him notice to keep the property—I went again to Mr. Holland's, and informed him of this—Aylett was called up, and I asked him how he came to part with his master's plate—he said it was under a threat from the black man (Johnson) whom he had taken home to sleep with him, and that he said, unless he let him take the plate away he would accuse him of committing an unnatural offence, without he gave him 5l., or security to that amount—that he said he had not 5l. to give him, but he would write to his wife and try to get it; but Johnson said that would not do for him, he must have something in hand—he said he was willing to give him anything of his own, and took him to his box—that he unlocked his box, and Johnson took a black satin waistcoat and the pearl pin, but he said that was not sufficient, he must have something else, he then threatened to alarm the house, and he went to his master's plate chest, unlocked it, and took out two pairs of candlesticks, the sauce tureen and cover, and six plated knives and forks, and that Johnson said when he sent him the 5l. he would return him the plate, and that he would call in the evening of that day to see if he had got the money ready—he said Johnson did call in the evening to know if he had got the 5l., but his master had company, and he could not let him into the house, he could not see him—Mr. Holland was present at this conversation—Aylett then told me, before his master, that he went to No. 44, Earl-street, and saw Johnson—that there was one of the silver candlesticks on the table with a candle in it, and the sauce tureen with lump sugar in it—I then asked Aylett, in his master's presence, after this confession, if I should ask him a few questions—Aylett said he would answer them—I asked him where he first became acquainted with Johnson—he said he met him in Regent-street—I asked if he spoke first to Johnson or Johnson to him—he said he first spoke to Johnson—I asked what he said—he said, "I said, it is a fine night, Sir"—that Johnson said he was a nice little fellow, and he should like to spend an hour or two with him, and Johnson said he was in the habit of giving 10s. or 12s. to little men like him, as he preferred +small men like him, and that he was a gentleman himself—I told the magistrate this—you will find most part of it in my deposition—I was rather flurried—I had three conversations with Aylett, one as he went to the station-house, and another before his master—I might confuse one with the other, but the conversation as he was going to the station-house the magistrate stopped me from going into—there were three statements—one, Mr. Hoskins said, was too horrible to go into.
Mr. HOLLAND re-examined. I was present when Aylett made a disclosure to Graves when he was called up into the drawing-room, (Graves having previously explained the business to me,) I asked Aylett to give an account of himself—he said he was very sorry, that he had had a man to sleep in the house—I asked him how he became acquainted with this man—(I made him no promise or threat, nor did Graves in my presence)—he said he met the man Johnson in going down Regent-street, and that he spoke to him—I asked him what he said—he said, "I said, it is a fine day, Sir" that they then walked up Regent-street together, and he took hold of Johnson's
arm, Johnson said he should like to spend a little time with him, and Aylett brought him up to my house—he said he could not let him come in then, as the family had not retired, but appointed for him to come again at eleven o'clock—that he came and slept in the house with him, and in the morning Johnson demanded 5l. of him, and said if he did not give it him he would charge him with an unnatural offence—Aylett said he had not got he, but offered him any thing of his own, and showed him his box—Johnson took the waistcoat and pearl pin—(I am not quite certain whether the waistcoat and pin were mentioned that day or the next)—Johnson said that would not do for him, he must have something more valuable, in plate or something—Aylett said the man had taken liberties with him—that was his expression, and that he had taken liberties with the man—I am quite certain he used that expression in my presence.
Cross-examined by MR. DOANE. Q. Those are the precise expressions he used, are they? A. Yes—he said also that the man threatened to charge him with taking liberties—he said he became very much alarmed by Johnson's manner and threat, and he allowed him at last to lake the plate because he was so much alarmed.
Q. Did he say any thing about attempting to get the money from his wife to restore the plate? A. He said so either that night or next morning—I saw a letter that night which he wrote to his wife—he appeared quite willing to give all the information he possessed about the plate—I believe it was in consequence of his information that Johnson was apprehended.
GEORGE ROGERS . I am a police-sergeant. In consequence of information I searched for Johnson, and on Saturday morning, the 8th of December, I met him in the New-road, and asked him if he knew a man-servant at No. 12, Cornwall-terrace—he said, "No"—I asked if he knew No. 12, Cornwall-terrace, Regent's-park—he said, "No"—I then asked him if he ever went to sleep at No. 12, Cornwall-terrace, with a man-servant—he said "No"—I then asked him if he knew any thing of pawning any silver plate within the last few days—he said "No"—I asked him if he meant to deny it altogether—he said "Yes"—I took him to the station-house, and kept him in custody—as we went along he asked me where Mr. Holland's was, and what he was, whether he would say he stole his plate—I told him who he was, and where he lived—I took him to Albany-street station-house, where Aylett was locked up—he was brought out, and said, in Johnson's presence, "Oh yes, that is the man"—Johnson made no reply to that I am certain—I searched Johnson, and found on him a gold watch, a chain, two gold pins, two rings, and 4d., and I found this paper in his coat pocket, on which is written, "John Aylett, 12, Cornwall-terrace, Regent's-park"—after the examination I found this black satin waistcoat in Johnson's apartment.
Cross-examined by MR. DOANE. Q. Is that in Earl-street? A. Yes—when I found Johnson he was in company with a policeman, walking up the New-road—I am sure I asked him if he knew of pawning any plate—I did not say "property"—I might say plate, or any property—what I said was, any silver plate, any plated silver plate—Silver plate was what I asked him—he asked me the person's name going along, and I told him Mr. Holland—I do not think he said he did not know Mr. Holland—I asked him if he knew him, and he denied it.
HENRY PHILLIPS . I am clerk at the Marylebone police-office. I took down the prisoners' examination—they were both at the bar together—Aylett was asked if he wished to say any thing, and he made a statement,
which I took down, and read to him sentence by sentence as I took it down—I do not remember whether he was asked if it was correct after it was read over to him—it was signed by the Magistrate, not by him—I took it down from his lips as he dictated it—I have no doubt I took it down correctly—the same questions were put to Johnson—he was also cautioned that his statement would be taken down—I took that in the same manner, sentence by sentence—I took down accurately what he said—(read)—
The prisoner Aylett says—" He demanded five pounds, and said if I had been a gentleman be would have had ten, but as I was a servant he would let me off for five pounds."
The prisoner Johnson says—"I knew this servant eighteen months, and have had some dealings with him—I sold him a watch—I charged him for that watch 15l.—he gave me 1l., and was to give me a pound a week till he paid me he did not continue to pay the pound, and I saw him, and he made excuse and said his wages was not due, and he would pay me 3l. when his quarter was due at once—I told him I was a poor man, and could not give so long a credit, and if I had not thought that he was good principle I would not let him had it—from that time he did not come at all to pay me, and I think it is twelve months since I saw him till I met him in Regent-street the other night—I asked him for the watch—he said he had not got the watch or money—I asked why I had not seen him, and he said that he had left that place, that he had been to take a silver tea-pot to be repaired—I said I must have money or watch, or would give him in charge for the robbery—he said he was going home, and would ask his master for the money—I waited out at the door—he said he did not like to speak to his master, that he was cross, and that it was late before he went out—I said, "If you don't pay me I will come to your master'—he said, 'Don't do that, it will throw me out of bread'—he said his master was an old gentleman, was very particular, and he should lose his bread, and if I would wait he would try and borrow the money of the servants—he opened the area a quarter after twelve—I went in, and saw no one—he said, 'Sit down,' and went and brought half a bottle of wine—he asked me to drink—he said it was not his master's, that he bought it—after that I said, "I must have the money or the watch'—after that he said, 'I have got some plate of my own'—and I said, 'What is it?'—he said, 'A pair of candlesticks, solid silver'—I said they were not worth 14l.—he then opened a box, and he said, 'There is some of that mine,' and he came by them honest, and that he had lived in some place two years—that they failed, and could not pay him, and he had these things—I told him they were not worth any thing to me—he said the sauce tureen was not silver, and that the knives were steel plated, and he then gave me his name and address on that sheet of paper—I told him I would put the duplicates in a twopenny post letter, and send them to him—and I pledged them for 14l.—I think on Thursday Aylett came to me, at Earl-street, and asked me to let him have them for 5l., and he would pay me at 1l. a week—I said, 'No,' and' when he was gone I took the other things to the pawnbroker and pledged them there."
The prisoner Aylelt further says—" I declare solemnly, if it was the last word I was ever to speak, that I never saw him before I met him that night in Regent-street, and I did not owe him any thing—it is not any of it true."
MR. HOLLAND re-examined. These candlesticks and things are my
property—I have seen Aylett write—this paper found ou Johnson is his hand-writing.
Cross-examined by MR. JONES. Q. When have you seen him write? A. He brought his weekly bills to me, ready written—I cannot say I have absolutely seen him write.
COURT. Q. What is the value of all these things? A. The four silver candlesticks are worth 162.—the sauce-tureen and cover 2l. 10s.—my house is in the parish of St. Marylebone.
(John Parkes, ironmonger, No. 21, High-street, Marylebone, gave Aylett a good character.)
AYLETT— GUILTY . Aged 24.
JOHNSON— GUILTY . Aged 22.
Transported for Ten Years.
Before Mr. Barun Parke.
GEORGE LAKE . I am a horse-dealer, and live at Harefield, in Middlesex. In December last, I had a gelding in a field belonging to me at Harefield, adjoining the road—I had turned it out on Sunday the 17th of December last year—I went on the Monday morning, the 18th, about seven o'clock, and it was gone—I saw it again eight days afterwards—it was sent to me by the witness Townsend, who found it in London—I had seen the prisoner at my house on the Saturday evening—he worked, I understand, at a farm adjoining my field—he said when he came into my house, "Lake, do you turn your horse out now?"—I said, "Sometimes I do."
FREDERICK PRINCE . I am a City policeman. About the middle of December last year, I saw the prisoner in Smithfield, with a black horse with one eye—I was present when he sold it to Taylor for 1l. 2s.—I followed the prisoner, and asked him if the horse belonged to him—he said "Yes"—I asked him where he came from—he said "From Harefield"—I asked why he sold the horse?—he said "It was aged, and had lost one eye, and he had no further use for it."
Prisoner. Q. Did you see Taylor pay me 1l. 2s. for it? A. I saw money pass between you—I cannot say it was 22s.—he took the horse away with him in less than ten minutes.
JAMES TAYLOR . On the Monday before last Christmas, I purchased a black gelding of the prisoner for 22s. It was facing the Rose-inn, Smithfield—it was claimed on the Friday following, and given up to Townsend.
Prisoner. He said at Uxbridge he would not swear to me, for it was a man a head and shoulders taller—the prosecutor said, if he did not, he should be prosecuted himself; and then he turned round, and directly said it was me. Witness. He had a great-eoat on when I bought the horse—I said at first that the man was half a head taller—I am certain it was the prisoner—I gave him 9s. or 10s., and ran home all the way to the Bird-cage, to fetch the other money, as I had not got it about me—I was gone about three-quarters of an hour.
I looked out for the horse, and found it in possession of James Taylor—I delivered the same horse to the prosecutor.
JOHN ATKINS . I am a constable of Harefield. In December last year, about one or two o'clock, one Sunday night, I heard the prisoner, who lived next door to me, going out—I got up, and saw him go out in a direction towards Lake's field.
Prisoner. It is as false an oath as ever a man took in this world—I would rather stand in my place than take such a false oath.
GUILTY .* Aged 29.— Transported for Ten Years.
Before Mr. Justice Littledale.
350. BENJAMIN LAMBDEN was indicted for stealing, on the 30th of November, I sheep, price 25s., the property of Sir William Charles Ellis, knight. 2nd COUNT,. For killing the said sheep, with intent to steal the carcase.
DAVID GAGE . I am bailiff to Sir William Charles Ellis, who lives at Southall, in Middlesex. He has sheep on his premises, which I have the care of—on the 30th of November, between six and seven o'clock in the evening, I took a walk round the premises, and in the park I saw a man under the hedge, stooping down—I supposed him to be tying up a bundle of wood, but he remained in the same position for four or five minutes—I looked round and counted the sheep, and found one short—I went back to the house, took two more men with me, and went up to the spot—I found the prisoner with a sheep, killed, and he had partly skinned it, all, except a little part on the neck and loins—I think he had not above a foot to do—he had cut the two legs and two shoulders off and the pluck, and tied it up in a handkerchief—he had taken the rough fat out and put it into another handkerchief, by the side—I collared him, and told him to deliver up the knife—he would not—we then threw him down, and forced the knife from him—we took him into the housekeeper's room, and gave him in charge—the sheep belonged to Sir William Charles Ellis—it had a large E on it, and a cross on the rump—I had marked it myself, about a fortnight or three weeks before—I had counted the sheep two hours before—at that time there were nineteen—I counted them afterwards, and there were but eighteen—this was one of the nineteen.
ROBERT WRIGHT . I am in the employ of Sir William Charles Ellis. I went with Gage and saw the prisoner in the act of skinning the sheep under a hedge, in my master's park—I assisted in securing him—he made a great resistance, and had a knife in his hand—he cut me in the thumb of my right hand, and on the left hand—Gage at last got the knife from him—this happened close to my master's house.
WILLIAM WARBY . I am a constable of Norwood, which is four or five hundred yards from Sir William Ellis's. On the night of the 30th of November, about half-past sevtn o'clock, I was sent for, and went there—the prisoner was given into my custody for killing a sheep—I took him into custody, and delivered him to Chilton, at the cage at Han well—I have the knife which Gage gave me.
WILLIAM CHILTON . I am a butcher, and a constable of Hanwell. The prisoner was delivered into my charge on the 30th of November, at a quarter to eight o'cldck, by Warby—I locked him up in the cage—I then went with Warby to Sir William Ellis's, and was shown the skin of a sheep—I matched a leg of mutton shown to me by Gage, with the skin, and can say that it
came out of that skin—I said to the prisoner, in going down to the cage, that he must be a novice to begin so early in the evening—he said, "I am sorry that I have done it now"—I did not hold out any promise or threat to him.
DAVID GAGE . re-examined. I can swear this is the knife I took from the prisoner—I gave it to Warby—I showed the leg of mutton to Chilton, and saw him compare it with the skin—it belonged to the skin which is here—here is the E on the skin—it is the skin of my master's sheep.
Prisoners Defence. I was at home at my lodging at three o'clock in the afternoon—I put this knife in my pocket, and walked down to Hanwell—there was a piece of. work going on there at the railroad—I stopped there till night, and went and asked for work—I did not get any, and after the men went home, I was going home—I saw the sheep in the meadow, over the rails—I was on the railroad—I went over—the sheep was tied with the two left feet together—it was cut down the middle, and across the thigh, but it was not cut much—it was not dead—I cut it, and it was dead then—I had a good mind to cut the head off, and take it home, but I did not—there were policemen on the railroad, and I did not know what to do—I carried it across the meadow, and laid it under the hedge, and cut it up—I skinned it first—I then took the inside out, took the fat off, took the liver from it, and put it in a handkerchief—the witnesses came to me, and took roe by the throat, and dragged me along—I struggled, as well as I could, and said, "What are you going to do with me?"—they said, "We will transport you"—I had taken my knife in my pocket when I left home, being determined to have a turnip, or something to eat, but did not get it, and found the sheep in that state.
GUILTY . Aged 19.— Transported for Ten Years.
Before Mr. Baron Parke.
MR. CLARKSON. conducted the Prosecution.
ABRAHAM EMANUEL . I am the son of Isaiah Emanuel, a rag-merchant and dealer in marine stores, No. 9, Gee's-court, Oxford-street; he rente the house. On Sunday, the 2nd of December, I returned home between nine and ten o'clock. in the evening—I went in, as usual, at the outer door—wheu I got up stairs to. the first noor back room, which is my. bed-room, I found the door had been opened by a false key, and missed a desk and several things, which had been safe when I went out—I had locked the. desk on Saturday evening, and there was then four sovereigns, three half sovereigns, and about 2l. 10s. in silver in it, with some little bits of broken silver, and six copper paintings, called transparencies, for jelly-moulds—I missed a quantity of Britannia metal spoons from a drawer in the room, a few. brass hooks, a small lamp, one or two metal salts, and two bell-pulls—it is usual to. leave the street-door of the house unlocked, for the accommodation of lodgers—I saw Mary Ferguson on this evening, after missing the things, and in consequence of what she said, I went to the bouse of the prisoner Burgin, No. 14, Gray's-buildings, which is about three minutes' walk from our house—I found him in bed—I said, "I want you, Burgin"—he said, "What for?"—I said,
"Concerning my father's robbery"—he said, "I know nothing about it"—I said, "You must come with me—Mary Ferguson positively says she saw you in the passage"—he said, "Very well, I will go with you, and see whether she will say she saw me or no"—he got up, and went with me to our street-door, where I gave him in charge to a constable—Mary Mahony came up, and Burgin said to her, "You had better say you saw me"—she said she saw him, Leary, Keefe, and Burroughs in the watercloset of No. 13, which is four doors from my father's house—Burgin made no reply to that—I went to No. 13, Gee's-court, into the cellar, and saw a drawer there belonging to the desk in my bed-room, which had contained the money on the Saturday evening—on kicking some dirt on one side we found the lid of the desk—we searched further, and saw some ground as if turned up, and found the six pieces of painted copper about twelve inches in the ground; and one or two feet further down three ingots of metal belonging to my father, which had been safe in the shop on the Saturday evening—on looking about we saw a hole in the ceiling—the police-sergeant got up, and, among some rubbish there, found one of the spoons, the salt-cellars, and the lamp—the brass hooks I found scattered about in the dirt, and some with the spoons—in consequence of further information from Mrs. Mahoney, I went next day to No. 2, Fitzroy-place, New-road, and found the witness Burroughs.
Cross-examined by MR. DOANE. Q. When did you miss the things? A. Between nine and ten o'clock on Sunday night—Leary lives close by me, with his parents.
MR. CLARKSON. Q. Had your father been in the habit of employing Burgin to mind his door, and go on errands? A. Yes, sometimes.
MARY FERGUSON . I am the wife of Martin Ferguson, and lodge on the second floor of Mr. Emanuel's house. On the Sunday night in question, between eight and nine o'clock, I was coming down stairs, and met Burgin in the passage—I have known him from his infancy—I said nothing to him—I do not know what business he had there.
MARY MAHONEY . I am servant to Mr. Goram, of No. 13, Gee's-court, Oxford-street. On this Sunday evening I went to get some water, between eight and nine o'clock, from the water-butt which is opposite the stairs, and saw the three prisoners and Burroughs, two in the water-closet, and two outside—when they saw me, the two outside rushed into the inside—I knew them before, and am sure of them—I communicated to Mr. Emanuel what I had seen that night—Burgin asked me, when he was taken, if I had not seen him about the place, and I said yes, I had seen them all.
Cross-examined. Q. Is not No. 13 let out in lodgings? A. Yes—I know Leary's father—he lodges at No. 14, and rents No. 13 also.
MR. CLARKSON. Q. Does he live in No. 13? A. No, he lives in No. 14, and lets out No. 13 to lodgers—there is a passage leading into the cellar down some stairs—there is a door which is not locked—a person might go from the water-closet into the cellar.
THOMAS BURROUGHS . I have been employed by Mr. Emanuel in watching at his door, and going of errands for him—on the Friday evening before this Sunday, I was playing about Gee's-court, and Henrietta-street, and saw Burgin and Keefe walking down—they were talking about going to Mr. Emanuel's shop to get some things, and asked me whether I would be
with them—I said I would not say till Sunday—they said nothing more then—Leary afterwards came up to me the same evening, and said, "Tom A. if you will be in it I will be in it"—on the Saturday evening I was in Gee's-court, and saw Leary after he came home from work—he asked me if I was going in—I said I did not know, I would not promise until the Sunday—he said, "Very well"—on Sunday morning, about eleven or twelve o'clock, I was in Gee's-court again, and saw Burgin and Keefe there—Burgin asked me if I was going in—I said I did not know—he said he was going in—about three or four o'clock he asked me again, and I said, very well, I would go—Burgin said, if I went down into the shop, he would go,. and get something up stairs—Keefe was present when he said that—I do not know whether Leary was there or not—about four o'clock or after four I went down into the cellar, where the rags are kept, and got into the shop—I got over the water-butt, which is at the back of the passage, and into the cellar—the street-door and the back-door were open—Burgin and Keefe were round the door—there was a row there with two men, and a great mob were round the door—I believe Leary was among the mob—I saw him when I came out—when I got up the flap of the cellar into the shop, I saw the ingots of pewter—I put them on the water-butt—Burgin and Keefe took them off—I then came out, and they told me they had carried the pewter home—when I came out of the cellar, Leary was among the mob of people in the row A. not with Burgin and Keefe—I staid in the court till about half-past eight o'clock, with Burgin and Keefe, and Leary was with us—about six or seven o'clock, Burgin said he would go up stain—Keefe was present then, but Leary was in doors, at his tea—he came out afterwards, and they asked him if he was going to be in it—he said he would have nothing to do with it—that was before they went into the house—after that, Burgin and Keefe went into the house, by the same passage as I did, and went up stairs—I staid down the court with Leary, between one and two doors from Mr. Emanuel's house—Leary asked me where they were, and I said they were gone up stairs—Leary then said to me, "Tom, there is a fight in James-street"—that got me away from the door—I went with him to look at it, but there was no fight there—we came round the other way, and when we got back, Burgin and Keefe had come out, and were down stairs in the cellar of No. 13—I did not see them with any parcels, or any thing in their hands—I can hardly say whether I did or not—let me recollect, and I will tell you in a minute—yes, I did—I saw Burgin with a parcel at the door of No. 13—Leary was with me at the time, and Keefe was there—nobody has been talking to me about this since I was examined before the Magistrate—I think Burgin said he had some brass things in the parcel—I believe Keefe had something with him—they went into No. 13—when Leary and I came back from James-street, Leary went down into the cellar, where the other two were—they all three came out together soon after—I waited in the passage, looking out—they went twice into Mr. Emanuel's house—the second time they went in was when we ran round James-street—the first time they fetched out some paper parcels, I believe, and the next time, I think, the desk, with the money in it, but that was while I went round to James-street—I was standing opposite No. 10, to see if any body came, while they were in the house the first time—Leary came out of his house, No. 14, while I was there, and asked me where they were—I said they were gone up stairs—that was when he came from his tea—Leary told me afterwards, that he
took me round to James-street because they were bringing something out of the house at the time—James-street is the next turning to Gee's-court—they remained about a quarter of an hour in the cellar, after Leary went down—they all three came up together, and Burgin said they had got some money—he gave me 12s., and said there was 12s. a piece—Leary and Keefe were there at the time—I believe Leary had his share as well as the rest, because he was in it the same as the rest—I saw them count out the same money to him that they did to me—after this, Burgin said to Leary and Keefe that they would go up to the Cato-street dance—they went away together, and I went off home—Keefe gave me some pieces of broken silver at the time Burgin gave me the 12s., and said I was to mind it till to-morrow—I was taken in custody on Monday morning—I had then spent 18d. out of the 12s.—I gave the silver and the 10s. 6d. I had left to Abraham Emanuel.
Cross-examined. Q. They have been in prison ever since, have they not? A. Yes—There was a row in the court at the time I was getting the pewter out—there were a great many people there—it was after that that Leary told me there was a fight in James-street—the fight was over when I got there, if there had been one—Burgin and Keefe told me to wait at the door while they got the things out, to see that nobody came to disturb them—I knew they were gone in to get something out—I did not know what.
MR. CLARKSON. Q. How long was it after the row in the court that Leary asked you to go and see the fight? A. A good bit—the row in the court was at half-past four o'clock, and we went to James-street between six and seven o'clock—he told me, that when I was round there, they were bringing the things out.
COURT. Q. Did you ask any questions of either of them about gold? A. Yes—I asked them if there was any gold there, and Burgin said there was none—I believe Leary said the same—Keefe did not say any thing that I know of.
Burgin. Q. Did not you come up to me, and ask me to go in, and did not I say I would have nothing to do with it? A. No—it was on Friday you asked me about it—I did not ask you about it—I did not swear at you, nor say you were a coward, and afraid to do it—Letry had said to me on the Monday, "I shall not have any thing to do with it—I do not mean to get into robberies—I have got a good place"—I said, "Keefe will not be in it"—you said, "I know he will—he and I are going in"—I did not call you out of your aunt's in Gray's-buildings, and persuade you to go in—I did not tell you I had the pewter, the desk, and things—how could I, when you brought the desk out yourself?
Keefe. Q. On Sunday night, did not you come and call me out from tea? A. No, I was called out—I did not open the door at Mr. Emanuel's—if I did not tell the truth, why did you not contradict me before Mr. Rawlinson?—I did not tell Burgin and you to go in, for I had done my share of the robbery—I said I had done my share when I brought the pewter out.
JOHN HARDY . (police-sergeant D 16.) On the Sunday evening, about half-past ten o'clock, I went to Mr. Emanuel's, and then to No. 13, Gee's-court—I went into the cellar, and found two salts, and other things, which I produce.
—EMANUEL. I am one of the prosecutor's sons. On the Sunday in question, I fastened the door of the back-room first-floor in the morning, and tried it—I took the key away with me—I did not return till after my brother.
ISAAC SPREADBORO . I am a policeman. Gee's-court is in the parish of St. Marylebone—on Monday morning, I went to No. 12, and in the top attic I found Keefe—I told him the charge—he said he knew nothing at all about it—I took him to the station-house—Burroughs was afterwards brought in by young Mr. Emanuel—I produce the pieces of broken silver.
Burgiris Defence. On Sunday afternoon, about two o'clock, Burroughs came up to me in Gee's-court, and asked if I intended to rob Mr. Emanuel on the following evening—I said I would have nothing to do with it—he pressed me, and began swearing at me, and called me a coward—I walked away, and went to my aunt's, in Gray's-buildings—about four o'clock the same evening he came and called me—I came up to him—he asked if I intended to do what he asked me—I said I intended to do no such thing, which my aunt could prove if she was here—he went away, telling me he intended to do it, and he would make a good haul—I came down the court, about six o'clock, and saw Burroughs—he said he had got three ingots of pewter, some spoons, and a desk, and he had them down at No. 13—I said I would have nothing to do with them—he went down into the kitchen, came up, and told me he had got some money, and asked if I would have any part of it—I said not, and saw no more of him till I was taken—I went home about seven o'clock, to my aunt's, No. 14, Grty's-buildings—Abraham Emanuel came up, and accused me of the robbery—I was in bed, and had been about two hours before he came—he said Mary Ferguson could swear she saw me standing in the passage ten minutes before that, and this was about ten o'clock at night—I said I would get up and go to her with him—I did, and asked her if she saw me in the passage—she stuttered about it, and seemed to say "no" at first, but he persuaded her, I suppose, to say "yes," but she would not go to the station-house.
(James Smith, coach-smith, Norton-street; and Hannah Joyce, of Gee's-court, deposed to Leary's good character; and Hannah Grover, of Gee's-court, to that of Keefe.)
BURGIN*— GUILTY . Aged 17. KEEFE— GUILTY . Aged 16.
LEARY— GUILTY . Aged 16.—Recommended to mercy. Transported for Ten Years—to the Juvenile Prison.
Fourth Jury, before Mr. Recorder.
GUILTY . Aged 21.— Confined Six Months.
353. JAMES NORTON was indicted , for that he, on the 23rd of November, at St. Giles's-in-the-Fields, upon Gilbert Chesnutt, feloniously did make an assault, and feloniously did threaten him, to accuse him of having attempted and endeavoured to commit with him the abominable crime of by, with a view and intent thereby to extort from him divers of his monies, and by intimidating him by the threat aforesaid, did feloniously extort and gain from him 1 sovereign, 1 crown, 2 half-crowns, 4 shillings, and 2 sixpences, his monies.—2nd COUNT,. for robbery of the like monies.—3rd COUNT,. for feloniously assaulting and demanding, with menaces, from the said Gilbert Chesnutt, his monies, with intent to steal them.
MESSRS. CLARKSON. and BODKIN. conducted the Prosecution.
REV. GILBERT CHESNUTT . I am a minister of the Church of England, and am curate of Trinity Church, Borough; I reside in Trinity-square. I came to reside in London about Whitsuntide, 1831, and knew the prisoner four or live months afterwards—he is a tailor, and I employed him to make clothes—that was the way I first knew him—he has not been in the habit of applying to me to lend him money until recently—he used to apply to me for orders, but not very frequently—he first applied to me to lend him money about last Easter—he pleaded great poverty—I rejected him several times, at last, seeing him in distress, I gave him a trifle—about three weeks before her Majesty's coronation, I was coming out of my church, and under the portico, the prisoner came up to me and asked if I could not give him a job, and if I could not, to lend him, or let him have money—I had lent him once before, perhaps, five or six shillings—I refused on this occasion, and he said, "I have something very important to communicate to you, and wish you to meet me at some place, as it is something which affects your character"—that was the first time he ever made any communication of that sort to me—I said, "There is nothing between us which calls for such a meeting, and I shall not come"—he then said, "You had better come; if you do not, you will rue the day as long as you live,"or words to that effect.
Q. Did that have the effect on your mind to induce you to meet him? A. It had, and I met him, either that, or the following evening, (I forget which,) near the Eagle-tavern, City-road—when I saw him, he said, "Walk this way"—I followed him, and after we got into rather a lonely place, he said, "Can you not lend me some money, or give me some money"—I said, "You have no claim on me, I cannot do so; you can have no money from me"—he then said, "I am now going to say something of very great importance to you, and it is no use your calling out for help, or giving me into the hands of the police, for if you do, remember I am armed—and if you do, by G—d I will have my revenge; and if you do not assist me, I will say you took indecent liberties with me some time ago"—he was exceedingly excited while saying this—he threw his arms about, and used violent gesticulation—I thought he was going to attack me—it was a lonely spot—I was so completely paralysed and overcome, I scarcely knew what I was about—I was induced, in consequence of that threat, to give him some money on the spot—I am not certain how much I gave him, it was perhaps from ten to fifteen shillings.
Cross-examined by MR. PAYNE. Q. Were you at all on terms of intimacy and conviviality with the prisoner? A. By no means—I never went with him to any tavern till three or four weeks ago, when I was in such a state of intimidation, I went into a respectable tavern near Tottenham-court-road,
merely to get rid of him, not knowing what to do—I was not in the habits of intimacy with him—I was never in any tavern or place of that description with him before Easter—I never went by any other name—I have never walked arm in arm with him in the street.
Q. Were you ever at his house before the time you speak of having given him that 10s. or 15s.? A. To give him an order, for no other purpose—he came once to my house to solicit an order—that is the only time—he did not stay with me any time, nor have any refreshment.
Q. Have you a friend of the name of Hall? A. No—I know a clergyman of that name.
Q. Had you any books belonging to your friend Mr. Hall in your library? A. It is very likely I might have—I frequently have, but I cannot say whether I had at that moment—I should not think I had any considerable number of his books—I am occasionally in the habit of receiving books from him—when the prisoner came to my house he first went into the parlour where my books are—I do not call it a library—I then went up into my drawing-room, it was just before Easter, when he began to be troublesome in soliciting money—that was before I paid him the 10s. or 15s.,—as he was beginning to be troublesome I went up into my drawing-room, and asked him what he meant by so frequently coming to ask me for money—I went up to the drawing-room as I did not know what be might say—he had become very troublesome then, but he had not at that time made use of any threat.
COURT. Q. What do you mean by troublesome, importuning you for money? A. Asking me to lend him money, or give him a job.
MR. PAYNE. Q. Did he appear in distress? A. He appeared very distressed and very shabby—I believe it was about four or five o'clock in the afternoon when he came to my house—I did not tell him any thing about the books belonging to Mr. Hall—we did not have any gin and water on that occasion nor on any other occasion—I never told him that I had obtained my appointment through my wife's brother—I never told him how I obtained it—I have the curacy of Trinity Church—my wife's brother solicited it for me----I was never in any tavern with the prisoner previous to this time—I do not know the Cider Cellars, Maiden-lane—I was never in any tavern in the Strand with him—I know there are such places—I cannot tell what money the 10s. or 15s. was I gave him—I called on him in King-street before that time—I did not call on him anywhere else before that time—I called in Macclesfield-street to give him orders when I first came up to town.
Q. You say you were extremely paralysed, and completely overcome, and scarcely knew what you were about—how came you to go. to that lonely spot? A. He said, "Walk this way"—I was under the intimidation of the meeting—he made the demand that I should meet him.
Q. At that time he had not charged you with any thing? A. He had told me it was a circumstance affecting my character, and I should rue the day if I did not meet him.
Q. Why not tell him he might as well tell you there what it was? A. I was under great intimidation—he had before solicited for orders or money. Q. Were you afraid of any blow being struck? A. I was—he was close to me—he did not strike me at all, but he threw his arms about and made actions as if he was going to attack me—I gave him the money within two or three minutes of his saying he would charge me with indecent liberties.
Q. Did you give him the money fearing he would make a charge of that kind, or from fear that he would strike you in that lonely place, or from both jointly? A. Both jointly.
COURT. Q. From personal fear and the attack on your character? A. Yes—he had told me he was armed.
MR. PAYNE. Q. He did not produce any pistol? A. No—I saw no arms—I did not inform any policeman.
MR. BODKIN. Q. When at last did you cause him to be taken into custody? A. Last Monday night—I went to the Magistrate and got a warrant—I am married and have three children.
WILLIAM MITCHELL . I am an officer of Marylebone. On the evening of the 17th of December, between six and seven o'clock, I took the prisoner into custody at No. 242, Tottenham-court-road, at a coffee-shop—I read him the warrant on which I apprehended him, and then he said, "I never accused Mr. Chesnutt of any crime whatever, nor did I intimidate him for the purpose of obtaining money from him—the money I have received from him he gave to me because he knew I was in distress"—I went to him on the Wednesday before, at the same place, with my brother officer Jones, and heard him ask the prisoner what charge he had against Mr. Chesnutt, or what it was he wanted of him—he said he had no charge whatever to make against him.
REV. G. CHESNUTT. re-examined by MR. BODKIN. Q. As a clergyman, and on the solemn oath you have taken to-day, is there a Syllable of truth in the suggestion made by the prisoner, that any thing improper took place between him and you? A. There is not the slightest foundation for it.
JURY. Q. What was the time the meeting took place near the Eagle? A. It was about three or four weeks before the Coronation—I came from Shropshire to London.
(Evan Thomas, artificial flower-maker, Great Newport-street; William Poole, coffee-house keeper, No. 242, Tottenham-court-road; and William Harrison, tailor, Lee-street, Red Lion-square; gave the prisoner a good character.)
GUILTY on the 2nd and 3rd Counts. Aged 33.— Transported for Fifteen Years on the 2nd Count.
JOHN HOLDER . I am a hatter, and live at Staines. On Saturday evening, the 15th of December, I observed that a pane of glass in my shop window, which opens inside, had been pushed in—it appeared to have been done by force—I missed a hat—on the Monday following I found two hats in Taylor's possession—these are them (looking at them.)
ROBERT TAYLOR . I am inspector of the Staines police. I went to a public-house on Monday, the 17th of December, and found two hats in a room where I understand the prisoner slept—I don't know it of my own knowledge—there is no other witness. NOT GUILTY .
NEW COURT.—Thursday, December 20th, 1838.
Fifth Jury, before Mr. Common Sergeant.
GUILTY .— Confined One Month.
GUILTY . Aged 15.— Transported for Seven Years.
JOHN SIMONS . I live at Camden-wharf, Camden-town, and am a coalmerchant. The prisoner had been in my employ—on Monday last, the 17th of December, I had two coats—I saw them safe between tnree and four o'clock—I missed them about five o'clock—this is one of them (looking at it.)
Prisoner. Another man gave it me to pawn for him—I did not steal it.
GUILTY . Aged 19.— Transported for Seven Years.
358. JOSEPH KELLY was indicted for stealing, on the 5th of December, 1 bag, value 6d., and 6lbs. weight of coffee, value 11s., the goods of Samuel Grimmett; and that he had been before convicted of felony.
SAMUEL GRIMMETT . I live in Lower-street, Islington. Between six and seven o'clock, on the evening of the 5th of December, the prisoner came into my shop for some lozenges, with two other lads—they did not buy any—I had a bag of coffee there, and I missed it directly they were gone—I followed them—I was going to lay hold of Kelly, who had a basket with the coffee in it, when he dropped it just before me, and ran about six houses—the policeman caught him—it is my coffee and bag.
Prisoner's Defence. It was not me that stole it—I had it given me by the other boy to carry.
GUILTY . Aged 14.— Transported for Seven Years.
eleven o'clock, I saw the prisoner standing outside the shop, and saw him take a piece of beef from the front board—I went after him, caught him and told him he had a piece of beef that did not belong to him—he said he would take me to the shop where he had paid for it—I brought him back, and he threw the beef down at the shop-door—it is my master's beef.
(The prisoner pleaded poverty.)
GUILTY . Aged 38.— Confined One Month.
MR. CLARKSON. conducted the Prosecution.
JOHN NEELE . I am barn-man to Mr. Sherborn, at Bedfont. He has a barn in a rick-yard there, called Spencer's Barn, and a field called the Thirty-two Acres—on Saturday, the 3rd of December, and for a fortnight before then, I was employed in the barn, threshing the wheat which came from that field—there was no other wheat in the barn at that time, than that which came from that field—there was about fifteen or sixteen quarters of wheat in the chaff, lying on the barn-floor on the Saturday, in a heap—I fastened up the barn that evening at five o'clock, quite safe, and gave the key in at Mr. Copas's house—he is Mr. Sherborn's bailiff—I went to the barn again on Monday morning, about six o'clock—it was dark then—I fetched the key from Mr. Copas's—I found the lock of the barn was not as I had left it—it was turned up—I had left it down—it still remained locked—I unlocked it and went in, but did not notice the heap till about seven o'clock, when I found it mixed, not as I had left it, and five, six, or seven sacks of wheat gone—the witness James Withall came into the barn to breakfast that morning, and in consequence of what he said I went with him, and searched round about the barn—the ground was soft, and I observed footmarks of two persons, in a direction from the barn—Withall traced them, I did not—I produce a sample of the wheat from the barn.
Cross-examined by MR. PRENDERGAST. Q. Is. Withall in your master's employ? A. Yes—he did not tell me he could take me to the place where the wheat was—he said he thought he knew where it was—that he thought it was on Mr. Gammon's premises—he did not offer to take me there—he went there himself—directly I told him of the loss he said he thought he knew where it was—I do not know whether he is in Mr. Sherborn's employ now—he worked for him after this was discovered—I cannot say how many days, whether it was two or three days, or a fortnight—he was employed as a dung-spreader—I work in the barn, and did not notice when he was there—he looked at the shoe-marks in my presence, and said he knew Trundell's shoe-mark very well, and he thought that was his—and he also said he thought the other one was a man named Tilliard—I was at home and in bed that night—I do not live near Withall, and do not know where he was—I did not sleep with him that night—this wheat was in the chaff, and had wild oats among it—it came from the thirtytwo acre field—there were a great many wild oats in that field—I cannot say whether there are many any where else.
MR. CLARKSON? Q. You have been asked, whether you slept with Withall that night; are you married? A. Yes, and have a family—I have lived all my life at Bedfont—I was never examined as a witness before—Withall
pointed out the foot-marks to me when we were looking about on Monday morning—I have worked for Mr. Sherborn all my life, till within about two years, and my father for forty years.
JAMSS WITHALL . In the early part of this month I was working at Mr. Sherborn's farm, as a labourer. On Friday, the 30th of November, after I took my money, I was with a man named Tilliard, and Trundell at Gammon's public-house—Tilliard asked me, in Trundell's presence, what was in my master's barn, which is called Spencer's Barn—I told him some wheat—Tilliard said he wanted to make a sovereign for rent between this and Christmas, and he must have some of it—I told him to mind he was not cathed at it—I went to work about six o'clock on the Monday morning, and saw Neele about eight o'clock in the barn—I went with him round the rick-yard, and saw some foot-maiks—I did not tell him whose I thought they were—I followed them in the direction they went—they led towards Gammon's premises, which are about 200 or 300 yards from Spencer's Barn—they were both from and to the barn—I afterwards saw the patrol compare Trundell's shoes with those foot-marks, and they appeared like then—I continued to work for Mr. Sherborn a week after this—I then staid away for two days, and when I came back Mr. Sherborn would have nothing more to do with me.
Cross-examined. Q. You are sure you did not say whose shoe marks they were? A. No, nothing of the kind—I said I thought I knew them, and that I thought I knew where the wheat was gone to—I do not think I told Neele that they were Trundell's foot-marks—I did not say so till after I lad been to Mr. Gammon's—then I did, but not at first—it was in the taproom of the public-house that Tilliard spoke to me about the barn, about six. o'clock—there were several people there, I cannot say how many—I do not know whether he meant to speak it secretly—he did not whisper to me—he spoke loud enough for me to hear—I do not know whether others heard it—he did not halloo as loud as he could—he spoke in a low tone—I was close to him—other persons were at the same table—our conversation was not all about wheat—it was not about sheep, that I know of—I was drinking with Tilliard—I had a pint of beer with himI cannot say whether Trundell heard what Tilliard said or not—my convenation was with Tilliard, and I was drinking with him, not with Trundell—he sat next to Tilliard—he was there like any of the other persons—I have been here before—I was accused of stealing a watch, but no bill was found against me—I was never taken up for robbery before—I was never before a Magistrate but once before in my life—that was for leaving my wife, about five years ago—I was never in custody for any thing else—I work at various places, wherever I can get work—I never was in Jenkinson's custody but once, that was when I left my wife—I knew Tilliard very well—I have drank with him sometimes, not very often—I have often seen him at the public-house—he was born and bred at Bedfont—I was never taken up on suspicion of murder—they took me in charge for running away from my wife, and they asked me while in custody for that, if I knew any thing about the murder at Bedfont, but I brought witnesses to prove where I was that night and the night before—that is five years ago—the charge about the watch was about six months ago—I did not see the shoes taken off Trundell's feet—I saw them compared against the gate, the post if the barn, and several places.
the 3rd of December, I received information and went to the bam, and examined about the rick-yard—I saw the patrol compare some shoes with the foot-marks there, and in my judgment those shoes made the foot-marks—they were in the rick-yard where the barn stands, and also in the way to Mr. Gammon's premises from the rick-yard—Withall afterwards showed me some sacks of wheat, three of which had Mr. Sherborn's name on them—I compared the grain in them with the bulk in the barn, and in my judgment it had formed part of the bulk that was there on the Saturday, and which came from the thirty-two acre field—it had a quantity of wild oats among it—the wheat in the sacks was not cleaned, nor was the wheat in the barn—in my judgment they had formed part of the same.
Cross-examined. Q. Wild oats are very uncommon things, I suppose? A. No—it does not constantly happen that if a ground is sown with oats they will continue to grow, however clean the ground is kept—that is never so except the wheat follows the oats—the wheat did not follow the oats in this case.
JOHN JENKINSON . I am one of the horse patrol at Bedfont to produce samples of the wheat found in the loft, and that in the barn. On Monday morning, the 3rd of December, about half-past eleven o'clock, I went to Mr. Sherborn's, and in consequence of information I accompanied him to Gammon's stable—I found the loft door fastened inside—you have to go up a ladder from the stable into the loft—the stable-door was unfastened—I found some hay at the far end of the loft, which I removed, and under it found five sacks of wheat, three of which were marked with Mr. Sherborn's name—I took the prisoner Bavin into custody directly—he was down in the yard at the time—I then went and took Trundell at the Black Dog tap, about 150 yards from Gammon's—I took of his shoes, and compared them with some foot-marks in the rick-yard—they exactly corresponded—I tried them to six or seven impressions—two in the rick-yard, and others across the meadows, in a direction to Gammon's yard—it was not along the high road, but over fences and gates—there was a faint impression in Gammon's stable-yard, but I could not identify that—there was a little wheat scattered about in the yard leading up to the stable door, and some at the stable door also—I compared both Trundell's shoes—the right shoe was particularly remarkable, having a half-tip on the heel, four nails on the other half of the heel, and seven rows of nails on the sole—one nail was missing from near the toe, and that was also missing in the impression—the tip and four nails at the heel were also in the impression—I have not been able to find Tilliard.
Cross-examined. Q. Have you the shoes here? A. No, he had but that one pair to wear—they were laced shoes—it had rained in the night, which made the impression in Gammon's stable-yard faint, as it was gravel—it did not affect the others—as the soil was soft—I did not compare Tilliard's or Withall's shoes—Withall was there in the morning, and of course he left foot-marks there—I knew Withall before—I have only had him in charge once—I took him on suspicion of the murder—there was a half-tip on both Trundell's shoes—they were not old, about two or three months old—they were very good.
MR. CLARKSON. Q. About this murder, was there a man found dead in a ditch? A. Yes; about five years ago—there was a Coroner's inquest on it—the verdict was, that the deceased was found dead, but how he came by his death they could not tell—Withall was taken on Sunday night,
next day he was taken before Sir John Gibbon, and committed for three months for deserting his family—there has never been any pretence since, for charging him with the murder—he has always been in the neighbourhood, and I knew where to find him—Mr. Sherborn and Mr. Copas were with me when I applied the shoes—Trundell gave them to me himself.
FRANCIS SHERBORN . I am the owner of this farm at Bedfont. I was with the officer when Trundell's shoes were compared with the foot-marks in the rick-yard and meadow—they corresponded in every particular—a nail was wanting in one of the shoes, and I observed the wanting mark in the impression distinctly—I also observed the four nails, and the half tip—they corresponded in every particular—I saw some corn and chaff lying about between my premises and Gammon's—I went with the officer to Gammon's stable, and saw the corn found in the loft, it was part of mine—I swear positively to it—I have samples of each, and they perfectly correspond—my own name was on the sack in full. Withall was in my service—I knew his character was indifferent, but thought it right to employ him, to keep him out of the poor-house.
Cross-examined. Q. Did you see the samples taken? A. No; but I desired them to be taken—I compared the two bulks also—I took a handful from one of the sacks found in the loft, and went and compared it with the remainder of the bulk lying in the barn, and they are precisely the same—I swear they are the same sort—there cannot be a difference of opinion about it—I have been a farmer all my life—there are clivers and crow-needles amongst this wheat—mine are not fuller of weeds than others—I never yet saw any perfectly clean when it was first thrashed, before it is winnowed—I dare say there are many wild oats at Bedfont—I fortunitely have but little, indeed I do not know that I have another spot on the farm except this thirty-two acre field with them, but one acre, and that was owing to the severe frost last winter—this wild oat is not the common kind, but a long oat with a beard—I have known wild oats be in the ground for several years, and then come up in great quantities.
MR. CLARKSON. Q. For the reasons you have given, and from the different materials you find in both wheats, have you any doubt it is yours? A. None whatever.
GEORGE GAMMON . I keep a public-bouse at Bedfont. The prisoner Bavin was in my employ as ostler, and bad charge of the stable attached to the house—no one that I know of could make use of it without his knowledge—on the 1st and 2nd of December, Bavin slept in the club-room at my house—there are several beds there—Trundell and Tilliard also slept in that room—to the best of my knowledge, they slept there the night hefore the officer came about the wheat.
Cross-examined. Q. How do you know that they slept there? A. Trundell had slept there three nights, and I believe he slept there that night—I did not see him there—I never go up into the rooms with lodgers exeept they are strangers—they can get in and out—I did not light them up that night—they took the light to go. up, and no doubt they went—I did not take notice of. their going up that particular night—I do not always stop up to see—Tilliard was in the habit of sleeping there—Bavin would have the key of the padlock of the room, and he was in the room with Tilliard—Bavin always had the key of the stable in his possession—he had it in his pocket, and would take it to his bed-room—he did not hang it up any where—that key I have not been able to find—it does not
fit any other room—it does not fit the corn-bin—Bavin has been in my employ two years last August—he has borne a good character up to that time, I believe—I have only known Trundell since I have lived at Bedfont, which is about four years, and then only by his coming there occasionally, about once in two or three months, to see his friends who live there—I know but little of him—he has only slept at my house lately—he has not worked for me—he paid me 1s. for the three nights he slept there.
MR. CLARKSON. Q. Was the first night he slept there Friday? A. Yes, and also Saturday and Sunday—he was there on Sunday night—it was Bavin's duty to keep the key of the stable—the loft of the stable fastens inside with a bolt.
NOT GUILTY .
MR. BODKIN. conducted the Prosecution.
JOHN WEBB . I am a drover. I was employed to drive the sheep of Mr. Nicolson Calvert, from Hertfordshire to London—on the 10th of December, I brought up thirty sheep—I got to Smithfield at half-past three o'clock in the morning—I was told the pens which belonged to Mr. Burrell, and I put the sheep in them all safe, at half-past three, or nearly four o'clock.
JAMES MORRIS . I am a drover, in the employ of Mr. Deane of Peter-street. On the 10th of December I was in Smithfield, between six and seven o'clock in the morning, standing a good way from the pens in which Mr. Burrell's sheep stand—the prisoner came to me a little before seven o'clock—he is a drover employed in the market—I had known him before—he asked me if I had any thing to do—I said I had not—he asked if I would take a sheep over to Newgate-market for him—I said I would, and was glad of the job—I went with him to the pens of a man named Eaves, within a few yards of Mr. Burrell's pens—the prisoner there tied down the legs of a sheept put it on my back, and told me to take it to Mr. Gamham's in Newgate-market—I noticed the sheep was marked with ochre on the shoulder—the prisoner told me to tell Mr. Garnham to kill it, and he told me not to draw any thing over there, as he would pay me for carrying it—he told me he would give me 1s. next Friday—I took the sheep and delivered it.
Cross-examined by MR. DOANE. Q. It was rather dark, was it not? A. Yes—it is not unusual to take a sick sheep to slaughter—it is not a great distance between Mr. Eaves's pens and Mr. Burrell's—the road is between them—this sheep was in Mr. Eaves's pens—the prisoner had the care of Mr. Eaves's sheep—there were two or three hundred of them.
MR. BODKIN. Q. Did he say any thing about the sheep being sick? A. I asked him what was the matter with it, and he said it had the influenza—I did not see any appearance of it—it looked very well, and was amongst others down in a bottom pen, opposite the road—it was along with Mr. Eaves's sheep—I do not know whether they had a mark different to that sheep—I did not look.
before seven o'clock, lift a sheep on the man's back—it was marked across the shoulder with red ochre—I did not take particular notice which way the man went with it, but I thought he went by the Bull's Head—that would be one way to go to Newgate-market—in about a quarter of an hour after, I heard of a sheep being lost, and there was a good deal of noise made about it in the market—I had moved Mr. Burrell's sheep about half-past five o'clock that morning, from the left side of the alley to the right, and I secured them—there were then two lots—one lot of ten, marked across the loins with red ochre, and one lot of nineteen, marked across the shoulders—this is the skin of a sheep which I saw at Guildhall, produced by the officer—it has the same mark on it that the nineteen sheep had.
Cross-examined. Q. You had the custody of these sheep? A. Yes—I know I had but twenty-nine—it is not unusual for sheep to stray—I told the prisoner's brother that Mr. Burrell had lost a sheep—that was about six o'clock in the morning, when I found there were but twenty-nine, and I was told there ought to have been thirty—I did not tell the prisoner, but he might have heard it—I afterwards told the prisoner that I found a sheep traced to Mr. Garnham's—I do not recollect that I said it was one of Mr. Burrell's.
Q. Did you not tell the prisoner that Mr. Burrell had lost one, and did not the prisoner say it was one that had strayed into his pens? A. No, I do not think he did—he said he knew there was a sheep over there, that it became ill, and he sent it to be killed, thinking it was his master's—I said, I thought the best thing would be for him to pay for it, and prevent all bother—I am not aware that he has paid for it—I have heard so—he did not tell me so—I have known him in the market about fifteen yean—he conducted himself as a respectable drover and an honest man.
MR. BODKIN. Q. You say sheep sometimes stray from the pens they belong to, to others? A. Yes—a drover would not have the least difficulty in finding out who a sheep belonged to—it was on Wednesday night that he gave me the account of the sheep straying—that was after I had told his brother that I had traced the sheep to Mr. Garnham, and I gathered from the conversation with the prisoner, that he knew the fact.
EDWARD GARNHAM . I am a salesman in Newgate-market. A sheep was brought to me by Morris, on the 10th of December—I said, who was it from? and he said, "From the Frenchman" which was the name the prisoner went by—the sheep was to be killed—I did not take particular notice whether it had the influenza, or any other disorder, but I should say it was very healthy, by the appearance of the side of it—my man paid the prisoner 1l. 18s. 2d. as the produce of the sheep.
CHARLES BURRELL . I am a salesman in Smithfield. I did not see this sheep in particular—I heard of a sheep of mine being lost about nine or half-past nine o'clock that morning, when I had sold the sheep, and booked them to the buyer, supposing there were thirty of them—sheep sometimes stray, but a person in the market would not have the least difficulty in finding out who they belong to—I know Mr. Eaves—he attends the market, but does not live in London.
Cross-examined. Q. Have you not since been paid for this sheep? A. I have not—I have heard that my agent has received the money, but not on my account.
the prisoner into custody at the station-house—I told him I thought it was a bad job—he said he could not help it, he did it from the best motives—he said the sheep came into his pens, it fell sick, and he sent it to the slaughterer's, which he had done before.
Cross-examined. Q. How long had you known him? A. A long while before, he bore a good character in the market—every body was surprised about it.
COURT. Q. Did you see the prisoner after the loss of the sheep? A. Yes—when I came back to the market, I asked him if he had seen any thing of the sort, and he said he had not—that was about ten o'clock in the morning.
GUILTY . Aged 29.— Confined One Year.
Third Jury, before Mr. Common Sergeant.
362. FRANCIS MORRIS and ELLEN MORRIS, alias Minahan , were indicted for stealing, on the 25th of October, 1 watch, value 3l. 10s., and 1 watch-key, value 10s.; the goods of John Wooller Johnson, from his person.
MR. LORD conducted the Prosecution
JOHN WOOLLER JOHNSON . I live in Pleasant-row, Stepney-green, and am a butcher. I was returning along Mile-end-road, on the 25th of October, at half-past one o'clock in the morning—when I got to Mile-endgale I pulled out my watch, and it was right—it was tied round my neck with a black ribbon—I missed it when I got home, about half-past two o'clock—I had lain down, in going along, on a bench at the White Horse public-house—I was aroused twice—the first time, I cannot say by whom,—but the second time, it was by a policeman—this is my watch, and the one I lost—(looking at it)—I know it by the maker's name, and the appearance—I was drunk.
Cross-examined by MR. PHILLIPS. Q. Your impression was, that when you found yourself pulled or shaken, it was by a policeman? A. Yes, the second time—I only saw one person.
EDWARD WILLIAM HUMBERSTONE . I am shopman to Mr. Jones, a pawnbroker in Holborn. The prisoner, Ellen Morris, came to me on the 27th of October, and offered this watch in pledge—I asked her whose it was, she said her husband's, that her name was Williams, and she lived in Parker-street, her husband was a plumber and painter, and worked in the Strand—she did not give what I considered a satisfactory account, and I went for an officer—as I returned I saw the prisoner, Francis Morris, waiting outside—and on my going in at the side-door, he called the woman out—I directed the officer to follow and take her—she had left the watch behind her—I then went to the George-street station, and took the watch—the inspector told me to send the watch to the gentleman at Mile-end, as there was some little difference in the description, and the gentleman would know it—(I had received notice of it)—the prisoner, Francis Morris, said he had bought the watch, and given 10s., and an old metal watch in exchange for it—he is a policeman, and had his police uniform on, and his great coat buttoned up close.
Cross-examined. Q. He went to the police-station of his own accord? A. That I cannot say—I did not give him into custody.
SAMSON DARKIN CAMPBELL . I am an Inspector of police. I received information respecting the stealing of this watch—the prisoner, Francis Morris, came to the station-house of his own accord—he was dressed as a policeman in his uniform—he inquired whether we had a female in custody on suspicion of having stolen a watch—(the watch was supposed to have been stolen in the K or Mile-End division, which was the prisoner's own division)—I asked him how be came to know any thing of it—he said, early in the morning he had sent the female, who was his wife, to pledge the watch in Holborn, and finding she did not return, he started from home to look for her, and passing through Middle Row, he met a female friend, who told him she had been taken to the station-house on suspicion of having stolen the watch—he said that on Thursday morning, the 25th of November, he had been to a public-house in Mileend-road, where he met a person with whom he had exchanged a metal watch of his own, and had given 10s. for that one—he stated that there was only the watch, without any ribbon or appendage attached to it—he said he was married, and I asked him where, he said, in Ireland—in consequence of what he said, I said I should detain him—I then sent for the prisoner Ellen Morris into the charge-room, and asked her what her husband was—she said, "a painter and glazier"—I said, "Is he not in the police?"—she then burst into tears, and said, "He is—I know nothing of the watch—I never saw it till this morning"—I found the key of the watch at the prisoner Francis Morris's lodgings.
Cross-examined. Q. I suppose persons do not get into the Police without having a good character? A. Certainly not—I do not know who recommended the prisoner to the police, it was some nobleman.
ANTHONY RUTT . I am an Inspector of the K division of police. The prisoner Francis Morris was in that division—I did not see him on the morning of the 25th of October, but that day the prosecutor gave me information of the loss of a watch and key, and gave me a description of it, which I read over in presence of the prisoner Francis Morris, the same night—I asked him whether he recollected having seen a man half-drank and asleep on a bench, and he said he had not.
Cross-examined. Q. Are you aware that the description given of the watch differs from the watch in the number? A. It does.
WILLIAM YEOMAN (police-constable K 57.) I was on duty on the morning of the 25th of October, in the Mile-end-road—I saw the prisoner Francis Morris on duty that morning—he was on the beat where this felony was said to have been committed—he was alone—he was on duty from nine o'clock at night till six o'clock in the morning—I saw him several times—I saw him between one and two o'clock that morning.
WILLIAM ISAACS (police-constable K 223.) I saw both the prison on the morning of the 25th of October—they were first standing in Mutton-lane, which leads from the Mile End-road to Redman's-row—that is about 300 yards from the White Horse public-house—the place where the supposed felony was committed—I saw them at two or three places.
FRANCIS MORRIS— GUILTY . Aged 22.
ELLEN MORRIS— NOT GUILTY .
Transported for Ten Years.
363. THOMAS TOOLE was indicted for stealing, on the 4th of December, 1 purse, value 6d.; 5 half-crowns; 2 shillings; and 3 1/2 d. in copper, the goods and monies of Samuel Turner, from the person of Priscilia Turner.
PRISCILLA TURNER . I am the wife of Samuel Turner, of Lower-street, Islington. On the 4th of December, I was at Mr. Oldershaw's sale—I had two half-crowns and one shilling in my purse, and three half-crowns one shilling and eight-pence in loose halfpence in my pocket—there was a great crowd of persons, and the prisoner stooped down close to me—I turned and saw him there—I felt my pocket, put my hand to the prisoner, and said, "You have robbed me"—he began to move, and I said, "You are the man that robbed me"—he had cut my pocket, and my silver was gone.
Cross-examined by MR. PAYNE. Q. How many people were there? A. A great number—I think I saw my purse in the auctioneer's hand, but I saw it in his son's hand—I turned and laid hold of the prisoner—he only was close to me, and he only I saw stooping down—I felt my pocket have a jerk, and I caught him.
JOHN LARKIN . I am a constable, and live near Uxbridge. I was present at Mr. Oldershaw's sale—I heard the prosecutrix cry out she was robbed—the prisoner was close to her, trying to get away from her—she kept him till I laid hold of him—I saw him put his hand into his pocket—I directly caught hold of his hand, and never let him take it out—I found in his waistcoat pocket three half-crowns, one shilling, and 3d. in copper—I saw him put something into his trowsers pocket—I found nothing in that pocket, but the pocket was torn, and this purse with two half-crowns andone shilling in it, dropped down from him.
Cross-examined. Q. Did you see it drop? A. No; I saw him putting something like the purse into his pocket, and I saw the glimpse of a pune—I found the purse in the auctioneer's hand—I did not see it picked up—my family have lost 11, 000l. by Mr. Oldershaw, and I went to the sale to see how things went on.
SAMUEL LEWIS . I live in Middle-row, Old-street. I was at the sale—the prisoner was attempting to make his escape, and I, with others, laid hold of him—I saw his hand by his side, and it was cried out in the room, "He is dropping it"—the prisoner must have heard that—a purse was picked up, but I could not tell where.
Cross-examined. Q. I believe you saw the purse in the hand of a porter? A. Yes.
MR. PAYNE called
HANNAH TOOLE . I am the prisoner's mother. He was taken into custody last Tuesday fortnight—on the morning of that day I had given him three half-crowns and one shilling, and he had some money in his pocket—Mrs. Walker was present.
MARTHA WALKER . I live at No. 30, Oxford-buildings. I know Mrs. Toole—I remember the day the prisoner was taken into custody—I was at his mother's house that day, when she gave him three half-crowns and one shilling.
NOT GUILTY .
GUILTY . Aged 17. Confined Three Months.
WILLIAM FILKINS . I live at Ickenham. I had a wheelbarrow on the 30th of October, and missed it the next morning. I found the wheel on the 8th of December, at the prisoner's house, on another barrow—I asked him bow he came by it—he said he bought the wheel of a man who came round gathering old iron and bones, and he had made the barrow himself—I have examined it—the barrow is not mine, but the wheel is—it was annexed to another barrow when I lost it.
Prisoner's Defence. I bought it of a man who deals in old iron—I was at home one day at dinner, I saw he had this barrow wheel, and I bought it for half-a-crown.
JOHN LARKIN re-examined. He stated that, and said the man he bought it of lived at Acton—I said I would take him there in my gig—he then said, "Never mind, on the trial will do." I produce a certificate of the prisoner's former conviction, which I got at Mr. Clark's office (read)—the prisoner is the man.
GUILTY . Aged 21.— Transported for Seven Years.
Sixth Jury, before Mr. Sergeant Arabm.
366. EDWARD HAMMOND was indicted for stealing, on the 4th of December, 9 trusses of hay, value 1l. 5s., the goods of John King; and THOMAS HALSEY and WILLIAM HALSEY , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, & c.
MESSRS. BODKIN and BALLANTINE conducted the Prosecution.
JOHN KING . I reside at Edgeware. I sold Mr. Tootel two loads of hay in the middle of November—I was to have it bound, for which I was to pay—it was part of a rick standing in my field on the 1st of December—it was bound by George Rayment—I saw it last on Sunday morning the 2nd of December, about ten o'clock, in the rick-yard—on Tuesday evening, the 4th of December, I went to William Fenn, who keeps the George public-house—I there saw Fenn's wife—she made some communication to me—the prisoner Hammond came to my shop the same evening and said, "Mr: King, do you want me?"—I said "Yes—I want to know who stole that hay out of my field, I understand you are one of the party"—I had not sent for him—he came down to me, and said he was accused of stealing my hay, at some public-house up town—I told him I would take him to my author—I went to the George, and took him into a room where Fenn and his wife were, and Brown, an ostler, who has since
absconded—Mrs. Fenn said to Hammond, "Hammond, you know you stole the hay, and brought it here"—he said, "I was drawn into it"—I have since seen two trusses of hay—I am able to tell they are the same hay that came from my rick, and the hay that was cut and bound by my order for Mr. Tootel.
Cross-examined by MR. PHILLIPS. Q. You will swear to that very hay, will you? A. Yes, I can—it is the very same that was cut—one sample was in town, and one I have brought from my rick—I could not be certain without matching it—it is better than any hay about Edgeware—it is quite a different sort of hay—it is quite as good as any about there—Hammond came to me of his own accord—Mrs. Fenn said she saw him and the ostler steal it—I did not take 25s. from Mrs. Fenn to let her ostler off—it was before I saw either of them—I took 25s. of her that evening, and took it to the constable—Mr. White, a baker at Edgeware, was present, and the constable—I took the 25s. from her for the quarter load of hay that I said was stolen—she did not pay me that to let her ostler off—I took it to find out the thieves—she persisted she could not tell—she said she never would divulge who was the person—she said, she hoped I would not prosecute any body—I said I had no desire to do it—it was before she said that that I took the 25s.—she said, "I never will divulge who it is except you take 25s."—she said she would then tell me the thieves and the receiver—I did not know the ostler at the time she sent for me—I kept the 25s. an hour or so and then gave it to the constable—it was returned to Mrs. Fenn—she told me this on Tuesday night, and that night Hammond came to me about ten minutes after I had been with Mrs. Fenn—the constable and the police-man have been looking after the ostler.
MR. BALLANTINE. Q. What was the value of the hay you lost? A. 25s—I preferred no charge against Mrs. Fenn—she told me Hammond and the ostler had committed the robbery—I never saw the ostler till she mentioned his name—I have taken another truss of hay out of the same rick and compared it with the hay produced by the officer—it is the same quality.
COURT. Q. Who did you understand she meant by the ostler? A. Brown—I am a baker, and have got a little land—I have been on my farm seventeen years—I do not know my own quality of hay at all times—I have no doubt that the hay I saw was mine—I have about a dozen acres all grass.
WILLIAM HAM . I am a constable of Edgeware—I received information from some one—in consequence of that, on Tuesday, December the 4th, I went to Mr. King's hay-rick—I saw a few marks of hay—I traced them down to Mrs. Fenn's shed at the George Inn—I went into the shed—there had been some hay laid there—I saw Mr. Fenn when I went into the house—I picked up a small portion outside the shed that was in the track I had traced—I have compared it with the hay in Mr. King's rick—I believe it to be the same, as far as I am able to judge, that was produced before the Magistrate.
Cross-examined. Q. You searched the loft at Fenn's? A. Yes, and could find no hay—I picked up a handfull.
GRORGE RAYMENT . I live at Little Stanmore—on Saturday the 1st of December I bound some hay for Mr. King—I left it there about 3 o'clock in the afternoon—in consequence of hearing that some hay had been taken
I went to this place, and the hay I had bound was all gone—I traced some marks to the George Inn.
Cross-examined. Q. Was Mr. Ham's sample produced to you? A. Yes—I have been accustomed to hay all my life, and I would not swear they were the same.
MR. BALLANTINE. Q. Have you known Mr. King's hay long? A. Yes, ever since it was put up—the bit that Mr. Ham picked up has been shown me—it is that bit I say I cannot swear to.
MR. PHILLIPS. Q. Did you not swear that you would not swear the two samples were the same? A. Yes—I am speaking of the bit the constable picked up.
MR. PHILLIPS to WILLIAM HAM. Q. Did you show Rayment two simples of hay? A. I produced it at the Magistrate's, and he inspected part picked up from Mr. Fenn's shed, and part from Mr. King's rick, it was not taken out of the rick, but from where the nine trusses had been bound.
FREDERICK TOOTEL . I reside at Stanmore, and am a corn-dealer—about a fortnight before the 1st of December I bought some hay of Mr. King—one load and three-quarters had been delivered, and a quarter was to be delivered—that quarter was left with Mr. King—I heard from my own man that some of it had been stolen on the Tuesday—on the evening of that day I went to the George public-house, and there saw Mrs. Fenn, Hammond, William Brown, and Mr. King—Mrs. Fenn said she hoped as Mr. King had arranged the matter, that I would do the same, and not hurt the parties as it was discovered—I said I should have nothing at all to do with it, as I did not consider the hay was mine at all, but as far as I was concerned I should certainly prosecute—she told me Mr. King had got the money for it—she said to Hammond, "You know you took it away, you have owned to it, and it is no use to deny it, and that man knows it,"pointing to the ostler Brown—Hammond then admitted the fact—he said he hoped I should not take any notice at all, and he was quite drawn into it, it was the first time, and he hoped it would never occur again—after that I went to the tap-room with Mr. King—I there saw Thomas Halsey—King charged Halsey with drawing the hay away—Halsey denied it—King said, "The ostler knows it," pointing to Brown—Halsey said, "I know nothing about your hay or you either"—King said to Halsey, "That man knows that you did," pointing to Brown—Halsey said to Brown, swearing at him, "You know I give you 2s. if it's only bundles of hay, much more trusses"—I then left the room.
Cross-examined. Q. Mrs. Fenn mentioned no other party but Hammond? A. No, not for stealing the hay—she mentioned Halsey as drawing it away—she did not say then that as her ostler Brown had confessed to her about stealing the hay, she hoped I would not prosecute him—she did not say that before I saw Hammond—I never said she did—she did afterwards, but not before I saw Hammond—a roan of thename of Childs was present—he is not here—nobody but Mr. King was present—King afterwards said to Halsey, "You are the man that had my hay, what do you mean to charge me for drawing it?"—Halsey said he knew nothing ahout him or his hay either—I know Brown has absconded—Halsey was extremely angry with the ostler for saying he knew anything about the hay—I saw Mrs. Fenn last about a day or two after the examination took Place.
MR. BALLANTINE. Q. Do you know whether Mrs. Fenn is ill? A. She is very ill indeed.
WILLIAM READ . I am ostler at the George-inn, Edgeware; it is my duty to sit up till the wagons leave. On Tuesday morning, the 4th of December, I was in the shed at the George inn—I saw three or four trusses of hay there, but I did not see it come, nor see it go—I went down into the house, and went to bed—I do not know what time I saw them, it was in the morning part, about three or four o'clock—after that I went to bed, and got up at ten o'clock the next day—I went into the shed, but the trusses were then gone—after seeing the hay between three and four o'clock in the morning I saw Hammond in the house, sitting by the fire, dozing—there were two or three wagons there.
WILLIAM FENN . I am landlord of the George inn. On Tuesday, the 4th of December, the constable searched my yard and premises for some hay—I subsequently charged Brown, the ostler, and he has absconded—there was no hay whatever in this shed, by my authority, on the 4tb of December, nor by my knowledge.
JOHN SHEPHERD . I live in Moor-street, Edgeware-road, and am servant to Capt Stanley, of the riding-bazaar. The two Halseys have served us with hay for four months—I saw them at my master's stable at a quarter before eleven o'clock, on the 4th of December—they brought eight trusses of hay, one of clover, and one of straw—my master ordered me to buy these, the hay and clover, for 1l. 5s., and the straw for 1s.—I have compared these trusses of hay with Mr. King's rick—it is the same sort of hay—I only know a little about hay—I would not swear it came out of the same rick—it is the same sort of hay, and has the same smell.
Cross-examined. Q. Was there any concealment about them? A. No; they were generally respected by respectable people about the bazaar.
MR. BALLANTINE. Q. Do you know what Halseyis? A. I do not know, but he brings hay to us, and we buy it—he has brought hay to other respectable people as well as us.
WILLIAM HAM re-examined. I found some trusses of hay at the King-street bazaar stable—I received from the watchman seven trusses—I took one away, the others I put a mark on, and left them—I saw Capt. Stanley—I showed Shepherd the truss I took away—I left five behind.
MR. BALLANTINE. Q. Do you know whether the trusses you speak of still remained there in the state you received it? A. I left six, and in the morning there was only five—I have since seen the missing truss in the constable's care.
NOT GUILTY .
MR. SHEA conducted the Prosecution.
Cross-examined by MR. PRENDERGAST. Q. Did you know him before? A. Yes, I have seen him, and had coals of him—I did not know the prosecutor—I gave the prisoner the order—he told me he was in the employ of Mr. Goodwin—I do not know who he had the coals of—I told him it was
to be a ready—money transaction, and here is the discount taken off—the first time he came to me, he brought a bill of 3l. 4s.—I cannot tell when I received the coals, it was about a week after I ordered them, and five or six days before I paid for them—the bill was dated the 13th of October—that was the date the order was given—he said 30s. a ton would be the ready-money price, and I had two tons—he brought me this bill of 3l. 4s., and then took the 4s. off—he said I should have to pay more if I had them on credit—I told him he should have the money for them—I had dealt with him once before for coals, in the summer—I only knew the prosecutor's name through the prisoner.
MR. SHEA. Q. But you knew the prisoner was in his employ, and that the goods were Mr. Goodwin's? A. Yes, certainly.
ANN JOYCE . I am the wife of Samuel Joyce. On the 15th of November I paid the prisoner 4l. 2s. for coals—he gave me this receipt—I knew by the bill in whose employment he was—I did not know the prosecutor personally.
Cross-examined. Q. When did you receive the coals? A. Two days before—it was a ready-money transaction, and here is the discount deducted—we did not agree for credit, but the bill was made for that, I believe, and he made a deduction of 12s.—he applied to me for my custom, and I had dealt with him once before—I had no dealings with Goodwin—I did not know him, except through the prisoner—I was aware they were not the prisoner's coals—I saw the name of Goodwin on the cart.
Cross-examined. Q. You knew nothing of Mr. Goodwin? A. No—whether the prisoner got the coals of Mr. Goodwin or any body else was nothing to me—he delivered the bill a few days after—there was a deduction of 5s.
RICHARD GOODWIN . I am a coal-merchant. The prisoner was in my employ in November, and had been for about seventeen weeks—he was collecting clerk, and was to receive orders—he ought to have paid to me every night the sums he had received on my account—on the 31st of October he did not pay me any money as received from John White—he afterwards accounted to me for 2l. received from him—on the 15th of November he did not account to me for 4l. 2s. received from Joyce, or any part of it, nor has he since—he did not account to me in November for 1l. 10s. as received from West, nor has he since—I paid him 1l. 5s. a week—he was in my employ altogether—on the 26th of November he left my counting-house without notice—I did not see him again till the 12th of December—I received several letters from him after he left—these are them—(looking at some)—when I saw him, on the 12th of December, I said, "Mr. Copsey, it is my intention to prosecute you"—he said, "I hope not, sir"—I said, "I am fixed, I shall do it"—he said he thought it would be better that I should allow him to come back to put his accounts to rights, and that it would be less loss to me—I said I should take him to the station, and I took him there myself—his salary was to be an advancing one—I had considered he had done his duty, and about a fortnight before he left me I gave him 3l. to make his salary 30s. a week.
(Two letters from the prisoner were here read, one dated December 1st, stating that being embarrassed he had been induced to use the prosecutor's
money, expecting to be able to make it up, in which he had been disappointed; and that on the receipt of this he (the prisoner) would be no more; the other letter, dated the 2nd of December, appointing to call on the prosecutre on the following morning.)
Cross-examined. Q. What connexion did this man bring you? A. One that might have been a very good one, if he had been an honest man—I do not care to whom the connexion goes, for at the price he has sold my coals, and the discounts he has taken off, I should never serve them again—it was his duty to make out the bills in my counting-house on Saturdays—the chief of my trade is conducted on what is called the tally-system—the prisoner may have brought me from 250 to 260 customers—that is not a good connexion in the tally trade—I have produced all the letters I had from him since he was away—I received one dated the 12th of December—I answered that, and made an appointment for him to come to my counting-house to see Mr. Burgess and myself—it was not that he might post up the books—it was not my intention that he should put another figure in my books—I wrote to him for the purpose of inducing him to come—I said nothing about settling matters—I said I believed he was quite aware of the extreme difficulty that would arise in putting the accounts to rights without him, but there was not a sentence to invite him to come to do it—my intention was never to give up the idea of prosecuting him—he was concealed by some of his friends—I offered to settle his debts if they did not exceed 20l.—I told his wife so on the Saturday night—it was his direction to sell coals, and give people credit, on the tally system, subject to a discount of 3s. per ton if they paid ready-money—he has gone to the extent, sometimes, of 5s. a ton discount, but I did not know that before—he has not entered such discounts in my books—he never received any coals of me—he was my servant, and sold in my name—I gave credit to persons I never saw—I went by the character he gave me, and their names as well—I did not know Mrs. Joyce nor Mr. White—White's name was given me as a tailor and housekeeper in a respectable street, and a man in business—I could not object to let him have coals—I never trusted the prisoner—I trusted Mr. White, from the prisoner's account of him—I knew nothing of Mr. West before, but he was represented by the prisoner as a boot and shoemaker, doing a snug little business—the prisoner had authority to part with coals on credit, or for money—if he received money in whole or in part, it was his duty to pay it the same evening—if he paid me 3l. 4s., it would be debited in my books—on the Monday night on which he went away, he paid me 10l. 2s. 6d.—he sent me his books on Monday the 3rd of December, about half-past ten o'clock, his sister brought them, and I said to her, "Tell Mrs. Copsey she need not trouble herself; his letter is written with too much calm consideration for him to destroy himself."—Mr. Kendall and two other gentlemen came to me at my counting-house on Thursday night, the 6th of December—I did not tell them I was very sorry for having taken any proceedings, nor anything of the kind—that I swear—he did not conduct a linen-drapery business, as well as mine, to my knowledge.
Q. Did you ever say, in presence of Mr. Kendall, that you were sorry that you had taken any proceedings against the prisoner, and should be very glad to settle the business with him, and he might conduct the linendrapery, and give you up the coal business? A. Some part of that is true, but not all—it was, I think, on the following Monday, I called at Mr. Kendall's request, my object was to get from him Copsey's place
of retreat—I confess my conduct was ambiguous—it was designedly so—I told Mr. Kendall I would not give up the idea which I had of prosecuting; and that, even if I did excuse him, it would be impossible for him to do any thing in the coal trade, and the only chance he had would be the drapery—I did not tell him I was sorry.
Q. Dill you tell the prisoner's wife's sister that the prisoner might conduct the linendrapery business, but you must have the coal connexion—he must never afterwards trouble himself with that? A. I do not believe I did—I carefully abstained from making any promise not to prosecute—I said all I could not to commit myself—I offered a reward for the prisoner—my intention was well known—if I made any remark to Mrs. Copsey's sister, it was to the same effect as to Mr. Kendall—I did not tell Mr. Kendall, that if the prisoner would come and put his accounts to rights, I would not think of proceeding any further—I wrote a letter to the prisoner, and in consequence of that he came, and I had him taken.
MR. PRENDERGAST called
SARAH LACK . I am sister-in-law of the prisoner. I took a letter from the prisoner to Mr. Goodwin—Mr. Goodwin said, "I certainly will not allow Mr. Copsey to do any thing more in the coal business, as it may be some of the customers may leave me, but I will allow him to act in the linendrapery business, and that will be quite as well for him."
GUILTY . Aged 43.— Confined One Year.
OLD COURT.—Friday, December 21st, 1838.
MARY CANT . I am servant to Mr. John Laurence, solicitor, No. 25, Old Fish-street. On Monday, the 10th of December, about eight o'clock in the evening, the prisoner came to my master's door, and said she had a parcel for Mr. John Laurence, but he was not at home—I said, "No, he is not"—she said, "Are you the housekeeper?"—I said, "I am not"—I took the parcel, and she said there was 7s. 6d. to pay—I said I had no money, and did not know what I should do—she then said, Mr. Laurence said, if the housekeeper was not at home, there would be a person there, and that I was to go to Mr. Cockburn and ask him the loan of 7s. 6d. till the morning—I went to Mr. Cockburn, who is a neighbour, and saw him pay the money to the prisoner—I took the parcel, believing it to be a valuable one, for my master—I did not see it opened afterwards—the prisoner was an entire stranger to me—I delivered the parcel to M'Lintoch.
Cross-examined by MR. DOANE. Q. DO you know Compton-street, Clerkenwell? A. I do not—I did not see the prisoner long—I think she had a black silk bonnet, and a veil over it—I never said it was a Tuscan bonnet—I think she had a shawl—there was a light is the passage—I have no doubt about her being the same person.
ROBERT COCKBURN . I keep the Falcon in Old Fish-street, and am a neighbour of Mr. Laurence. On Monday evening, Mrs. Cant came to borrow 7s. 6d. for Mr. Laurence, as there was a parcel come—I said it was a good deal of money—she said a female had brought it—I sent for her in,
and the prisoner came in front of my bar—I asked her where she brought the parcel from—she said, "From Mrs. Evans, 33, Farringdon-market"—she assured me it was all right, and after that I gave the 7s. 6d.—I parted with the money, conceiving her story was true, and that it was a valuable parcel for Mr. Laurence—I am positive the prisoner is the person.
Cross-examined. Q. Have you never made a mistake in your life? A. Not as to identity—I saw the prisoner in custody next day—I had previously heard she was in custody on this charge.
GUILTY . Aged 31.— Confined Six Months.
The prosecutor not appearing, the prisoner was Acquitted.
JOHN HAYES . I am a bookbinder, and live in Seckford-street, Clerkenwell. I was looking up from the kitchen-window, and saw the prisoner take two loaves out of a basket, which was standing at my door, wrap them up in the baize, and run away—I pursued and caught him, with them under his arm—I asked where he got them—he said they were his own.
Prisoners Defence. I have been a long time out of work.
GUILTY . Aged 29.—Recommended to mercy.— Confined Fourteen Days.
Before Mr. Baron Parke.
371. WILLIAM GADBURY was indicted for feloniously breaking and entering the dwelling-house of James Chamberlain, on the 28th of November, at the Liberty of Norton Falgate, and stealing therein 1 gown, value 2l.; 1 veil, value 6s.; 1 handkerchief, value 3s.; 1 card-case, value 2s.; 1 waist ribbon, value 6d.; 1 yard of lace, value 6d.; 1 piece of silk, value 6d.; and 1 stock, value 6d.; the goods of James Chamberlain; and that he had been before convicted of felony.
CAROLINE CHAMBERLAIN . I live at No. 11, Fleur-de-lis-street, in the liberty of Norton Falgate, and am the wife of James Chamberlain—he occupies the house—the back of the house looks into Mr. Cave's yard. On Wednesday, the 28th of November, I was at home washing at the back of the house until between six and seven o'clock, and then I was eugaged with my family in the back parlour—about seven o'clock I found the window broken looking towards Mr. Cave's yard, and both the drawers open—the window was broken from the outside—a man might put his hand through and unfasten the window—the sash was opened from the outside—I
cannot say whether it was fastened before—there is a fastening, but a very temporary one, it is a drop, which is out of order—I had not been into the room after ten o'clock in the morning—the sash was then down—when I found my drawers open I went and told Mrs. Cave—she went round, and I saw her pick up a silk stock, a piece of silk, and a bundle of pieces of my children's frocks, in her passage—I know they were in the drawer on the Sunday, but the card-case I put into the drawer that very morning, and a silk gown was there—I had seen a man in the same dress as the prisoner about the premises that day, which was Wednesday.
Cross-examined by MR. PAYNE. Q. Was it the morning of the day you lost the things that you put the card-case there? A. Yes—I know the house is in the liberty of Norton Falgate, because I pay the taxes—there was a young person in the house who had been in the room after me—the last time I saw the person like the prisoner it was dusk—I had seen him before that after dinner—I did not see his features.
MARY CAVE . I live at No. 12, Elder-street, Norton Falgate. The prisoner lodged in our house about a fortnight, till the 28th of November—he came in for the key of his room between five and six o'clock that evening—I live next door to Mrs. Chamberlain—in consequence of something I heard from Mrs. Chamberlain, I went round to the back of her house, and the saw window looking into my yard was broken—it was quite dark then—I found a black stock, some small pieces of silk, and a bundle of small pieces in the yard—I showed them to Mrs. Chamberlain—she came round to me again, and sent for an officer—the bundle was in the back passage leading to my house—I went up to the prisoner's room, found the door locked, and the key taken away—we got it open, and sent for an officer—I picked up a waist-ribbon in his room, and gave it to the officer, who remained at our house till half-past two o'clock, but the prisoner did not return home.
Cross-examined. Q. Did you find the prisoner lodging there when you came to take the house? A. Yes—I had only been there a fortnight—he was recommended to me by the former housekeepe
GEORGE TREW . I am a police-constable. On the 28th of November, I was sent for by Mrs. Chamberlain—I examined a window, and afterwards went to Mrs. Cave's house, into a bed-room, and there found this waist-ribbon.
SARAH WATLEY . I am twenty-three years old, and have been acquainted with the prisoner for the last two months—I kept company with him, but did not live with him—I lodge in Catherine-place, Commercial-road. On the 28th of November, at half-past eight o'clock in the evening, he came to me, and gave me a veil, a handkerchief, a card-case, a piece of Blonde lace, and the lining of a bonnet—I put them into my box—the officer called on me on the Tuesday following, and I delivered them up to him.
Cross-examined. Q. Did the officer take you and the things before the Magistrate? A. Yes, I was placed in custody, and afterwards examined as a witness—I get my living by frame-working—I have no parents—I was lodging with a young woman I have lodged with for two years—she is a widow, and gets her living at the London Hospital—I work for the weavers—I work for Mr. Clift, and have done so for four years—the prisoner is the only young man I kept company with.
the robbery, and afterwards took the prisoner into custody, in Pearl-street, Spitalfields—I had seen him pass Mrs. Chamberlain's house, look up at the house, and then walk away in company with another young man—I followed him, with another constable, and then took him into custody—I took Watley into custody on the following Tuesday—I received from her a veil and other things, which I produce.
CAROLINE CHAMBERLAIN re-examined. All these things—(looking at them)—are my husband's property—I know this waist-ribbon, found in the prisoner's room, it is the very ribbon I was married in—I have a piece which was cut from it.
MR. PAYNE. Q. There is no mark on it? A. No—I have been married seven years, and have had the ribbon ever since.
WILLIAM HOLLAND . I am a policeman. I produce the certificate of the prisoner's former conviction of felony—(read)—the prisoner is the person—I apprehended him, and was present at his trial in January, 1835—he was sentenced to be transported for seven years, which was commuted by the interest of his friends, to three years' confinement in the Penitentiary.
GUILTY —of stealing only. Aged 19.— Transported for Ten Years.
Before Mr. Baron Parke.
372. FRANCIS BESSICKS was indicted for burglariously breaking and entering the dwelling-house of Samuel Alton, at All Saints, Poplar, about the hour of twelve, in the night of the 2nd of December, with intent to steal, and stealing therein, 1 coat, value 1l. 9s. and 1 cap, value 1s; his goods.
SAMUEL ALTON . I live at Mill-wall, in the parish of Poplar, and rent the whole house. On Sunday night, the 2nd of December, I went to bed about ten o'clock—my wife fastened the doors—I got up about half-past five o'clock in the morning, and missed my great-coat and a cap, which I had laid ready to go to work, and the bread and butter which was put out the night before, for me to take out for my breakfast—the coat hung over the rails of the stairs the night before—I examined, and found the back-door open—I was the first person up—they had broken in at the back-window, and opened the door—by pulling a nail out, they could open the window, and get through the casement—the prisoner used to live next door to me, and worked in the same factory.
MARY ALTON . I am the prosecutor's wife. On Sunday night, the 2nd of December, I went to bed about ten o'clock—I saw the back-door and window fast—I laid my husband's coat on the banisters, and the bread and butter on the table ready for breakfast—we have one lodger, named Richard Midgley—he went to bed before we did, and came down a few minutes before my husband.
HENRY HOULTON . I am a police-sergeant. The prosecutor's house is in the parish of All Saints. On the 6th of December the prisoner was brought to the Poplar station-house in custody—he had a cap on—I did not speak to him about it then, but at the office I did, and he said he met a man on Monday, the morning after the robbery, in Ratcliff-highway, dressed like a stoker—he had a very good cap on himself, and the man asked him if he would sell it—he said he had no objection, and he exchanged with him, the man giving him 3d.—I took off his shoes on Monday, the 10th, and made an impression by the side of one foot-mark, which was left in the prosecutor's garden, and found it corresponded—I then put the
shoe into the old mark, and it fitted—the shoe was without a tip, and the leather projected over the heel—there was a corresponding mark in the foot-mark in the garden—Mr. Alton examined it before I did.
Prisoner. There were tips on my shoes when I was apprehended, but I took them off myself. Witness. I cannot tell that, as I did not apprehend him.
SAMUEL ALTON re-examined. I saw the foot-marks in my garden on the Monday morning—there was a mark where he had jumped over the wall, and we traced the foot-marks going to fetch a spade out of a neighbour's garden, and then back to the window—there was a peculiarity in the heel of the right foot, as if there had been a tip on the heel—that cerresponded with this shoe—there is no tip here, but there has been one—it was exactly the same size as this shoe—this is my cap—(looking at it)—I know it by the sewing—I wore it constantly.
RICHARD MIDGLEY . I lodged in Mr. Alton a bouse. I went to bed, on the 2nd of December, about ten o'clock—I got up in the morning, about half-past five o'clock—I was the first person up—when Alton came down I perceived the back-door and window open—I had not been, in the passage myself.
Prisoner. I am innocent—I took the tip off my shoe after I was taken.
GUILTY . Aged 23.— Transported for Ten Years.—(See the next Case.)
SARAH ALLEN MAYNE . I am the wife of George William Mayne, and live at Poplar. On the 6th of December, I got up about half-past six o'clock—I went into the shop, and a man rushed from before the counter into the street—he had rather a difficulty in getting out at the door—I went to the door, and saw Forrester, the constable—I told him, and he pursued him—I examined my shop, and saw the till was cut, and the loek almost off—there were some knives on the counter, but I might have left them there the night before—the man in the shop had a cap on—I had locked the till the previous night—there was no cutting then—he had got into the shop by breaking a panel in the door, putting his hand in, and opening it.
THOMAS FORRESTER . I am a policeman. On the morning of the 6th of December I was on duty, about half-past six o'clock, and saw the prisoner run out of Mr. Mayne's shop—I pursued and took him—I found on him a box of lucifer-matches and three duplicates.
Prisoner. Q. When did you search me? A. I took put from you in the shop, and the rest at the station-house.
HENRY HOULTON . I am a police-sergeant. I was on duty at the station-house at Poplar—I asked the prisoner how he came to break into the shop—he said he had been out of work some time, that he had not been in bed for five nights, and was very much distressed—I asked how he broke in—he said he broke through the panel, and got in, and made two cuts in the counter to open the till, but hearing somebody come, down, he escaped.
GUILTY . Aged 22.
ELIZABETH TUFFNELL . I am the wife of James Tuffnell, of St. John-street, Bethnal-green. We rent the house, and occupy the upper and lower parts, but have a lodger, who has the middle part—there is one common outer door to both—about three weeks before the robbery I put eight sovereigns in a small bag, into a drawer in my bed-room—it was safe last Friday or Saturday—I saw it, and the money in it, but did not count it—the prisoner lodged with me at that time, and for nearly four months—he went out at one o'clock on Monday, and returned between seven and eight o'clock, but I was not at home then—I missed it between nine and ten o'clock at night—he was not in the house then, and did not return all night.
ANN BACKHOUSE . I am eleven years old, and work at Mrs. Tuffnells. I was there last Monday evening, and left between six and seven o'clock—the prisoner was there when I left, sitting by the fire—he pulled the curtain back to see if master was gone out, and when he saw he was gone out, he told me to go and ask mistress to lend him 1s.—I said she was gone out—he made no answer.
JONATHAN TUFFNELL . I am the son of James Tuffnell. Last Monday evening I was at home—I went down into the sitting-room about nine o'clock in the evening, and saw a sovereign lying on the mat by the fire—the prisoner was gone then, and did not return all night—I took it up, and told my mother—she went to search, and found all her money gone.
WILLIAM BECK . I am a policeman. On Tuesday morning last, as I was at the Spitalfields station-house, the prisoner came up to me, and asked me questions about some parties that were down at a house in Fleet-street—I understood he had previously been down to make a statement to the inspector—having had information of this robbery, I asked him if his his name was not Henrutter—he said it was, and I took him into custody for this robbery—I found two sovereigns, 3s. 6d., and 4d. in copper on him—his coat, waistcoat, and hat were new—I went to fetch the parties up to identify him, and he then said the money he had was money they had been and received on his account—he did not mention the amount they had received.
Prisoner. I went this night and told the Inspector to take the landlord and landlady of the public-house, for I had lost a sister down there—it is not the only one who has been murdered down there, but several others were going down there one night, and my sister came and told me she had been murdered down there, and not only her but upwards of one hundred. Witness. He came and told the Inspector that one hundred people had been murdered down there—he appeared disordered in his mind—he pressed the Inspector not to let me go down to the house alone.
(The prisoner here made a further wandering statement of a similar nature, respecting persons being murdered.)
ELIZABETH TUFFNELL re-examined. Within the last five weeks I have observed something strange about the prisoner, but not to last long—he now and then is as sensible as can be, and then for an hour or so he will talk as if he was deranged, but it goes off, and he goes to work—he talked much the same as now—he said people had drawn a deal of money on his account, but he could not get any—I asked him how they came by it—he said he
did not know, but he walked about from morning till night and could get no money, there was none left for him—he would get up next morning and go to work for four or five days, as steadily as ever—he is a weaver—Understand he has been with the army in Spain—I do not know of his being wounded—he told us he never had any thing amiss with him.
JONATHAN TUFFNELL re-examined. He is out of his senses at times, and has imagined people have drawn money for him—at other times he appeared in his sound senses—he had old clothes on when he left, but they were good—the new clothes are worth about 3l.
JOHN BUSAIN . I am an Inspector of police. I have seen Mr. Grove, the magistrate, write, I believe this to be his writing—(read)—"The prisoner says I am the Prince that came over from Sidney, what eat and drank with the Saviour—the prosecutor has drawn money from Sir Henry Wheatley on my account, and the eight sovereigns are part of it."
Prisoner. I expect that is the man that has been drawing money from me, and that is part of it—I have not taken it—I was allowed, to much for what I had done on the sea by Her Majesty.
NOT GUILTY —being Insane.
DONALD MAC PHERSON . I am a bookseller, and live at Pimlico. On the 7th of December, about three o'clock, I went out of my shop, and locked the door, leaving nobody there—I came home about five o'clock, and found a pane of glass which had been broken before and had a slate behind it pushed in, and seven volumes gone—they were safe when I left the shop—the window was cracked before, and had a small hole in it.
MARY RAPSON . I am the wife of John Rapson, a broker, in George-street, Chelsea. On the 7th of December, about seven o'clock in the evening, Lloyd and Westley came in company together to our shop, but only Lloyd came in, Westley was waiting outside for him—Lloyd asked me if I bought waste paper—I told him "Yes"—he said he was sent by a neighbour of mine who lived opposite, where he had offered it, but she was not in want of any—I asked him who the books belonged to—he had brought four—he said they belonged to his mother and father, but were of no use to them, they could not read them—I found two were Latin catalogues—I told him they were no use but as waste paper—he wanted 1s. for them—I said I would only give 2d. a lb.—he asked me to give him 10d. for them—I gave him 9d., and took his name and addres—he left the shop and joined Westley—he gave me the name of William Vitzer, No. 5, Symons-street.
Cross-examined by MR. PAYNE. Q. What shop do you keep? A. A furniture broker's—my husband buys large quantities of books sometimes at public sales—two of these are odd volumes, Voltaire's Letters, and the Life of the Earl of Leicester—they are not Latin, only the two others—I bought them to cut up for waste paper—we have two or three hundred at home for waste paper—I sell books as well—I did not buy these to sell—I did not put them on the stall in front of the house—I threw them on one side in a box in the parlour—Symons-street is about ten minutes' walk from my house.
ROBERT M'KENZIE (police-constable B 44.) I took Lloyd and Westley into custody on the 8th of this month, and took them to the station, house—they at first denied all knowledge of the charge, but Lloyd afterwards said he was in company with Roe and Westley, that Roe broke the window and moved the paper, and they each took part of the books, and Westley said the same as Lloyd.
WILLIAM CHARD . I am in the service of Mr. Berry, a hair-dresser, in Well-street, Chelsea. On the 7th of September, Roe was at work with me moving some goods for Mr. Berry, at Duncannon Cottage, which is about six doors from the prosecutor's shop—Roe had a barrow full of goods, and I had some things on my head—we met Lloyd with a book in his hand—he told Roe he had got it from Mr. Mac Pherson's shop—I went on with Roe to Mr. Berry's with the things, and as we returned, I saw Roe go up to the prosecutor's window, put his hand through and take out a book, and give it to Westley, who was waiting close by with Lloyd—it was a broken window—Roe then went with me into Duncannon Cottage—Lloyd, Westley, and another boy in a white pinafore, who was discharged at Queen-square, waited till we came out—we went down the street, and Roe said he would wait for them at the corner of Harriett-street, but we did not see them after.
Cross-examined. Q. How long have you known Roe? A. A good while—he said he would wait for them while they went to get the books—they said Roe was to sell them, or something—the window was already broken when Roe put his hand in—I did not mention this till Roe said at Queen-square, that I knew he was innocent—the policeman then came and fetched me, and I stated what I have to day—I have known him about two years about Knightsbridge, not in any place—he was working with me this day.
COURT. Q. How long had Roe been in your company before you saw him go to the window? A. He had been working with me all day—I had not seen him go to the window before, and I believe he would not have known of the robbery only by seeing Lloyd—that was the first I heard of his knowing it.
HENRY BARNET . I know all the prisoners very well by sight. On the evening of the 7th of December, about six or seven o'clock, I saw Lloyd and Westley, and a little boy with a white pinafore, whose name I do not know, by the Fox and Bell public-house, about five or ten minutes' walk from the prosecutor's shop, coming towards it—Lloyd and Westley each had a book—I did not walk with them, but went on to the White Horse—as I was returning about half-an-hour afterwards near the prosecutor's, Lloyd came running over to me with Westley—Lloyd said, "I have got seven taskeys to learn, is it not a shame? and he, Westley, has only got two taskeysto learn"—(Westley was by at the time, but did not say anything)—I said, "What"—Lloyd said, "Hold your tongue, for I have got them from over the way"—I said, "If that is the easel shall cut it"—he pointed over the way to the prosecutor's shop—I was not near enough to see the hole in the window.
Cross-examined. Q. Is this the first time you have said anything about the seven tasks? A. No, I told the Justice all about it—I am sure it was Lloyd said he got them from over the way—I never said it was Westley said so—I have known Roe three or four weeks by sight, playing about in the Park together—I am a gentleman's servant, out of employ—I lived with
Captain Campbell about a month ago—he went to Scotland—I now live with my father, who is a coachman, out of employ—I know Chard by sight—I made a mark to what I said before the Magistrate after it was read over to me (looking at it)—this is my mark.
(The witness's deposition being read contained no statement about the taskeys, and states. "Westley said he got them from over the way, and pointed to the prosecutors shop,")
(Lloyd and Westley received good characters.)
WESTLEY— GUILTY . Aged 13.
LLOYD— GUILTY . Aged 12. Confined Two Months.
ROE— GUILTY . Aged 16. †— Confined Four Months.
WILLIAM BISHOP . I am carter to Chapman and Parker. On the 15th of December I received a bale of thread to take to the Wool Quay to be shipped—I had fourteen packages in my cart—I delivered seven on the road—I delivered one at the Ipswich Arms, Cullum-street, and then saw the bale of thread safe in the cart—when I got to Wool Quay I found the tail board of the cart down, and the bale gone—I had heard an alarm of "Stop thief" when I was on Tower-hill, but had no thought that my cart was robbed—it was about six o'clock, or after—it was dark.
Cross-examined by MR. PAYNE. Q. Which way did you come? A. Through Cullum-street and Tower-hill into Thames-street—I don't think the cart was one hundred yards from the Spur-gate at the Tower when the alarm was given—it was not out of a person's sight.
HENRY SINGER . I am a policeman. On Saturday evening, the 15th of December, I was coming over Tower-hill about a quarter past six o'clock, and saw a cart with some packages coming from Tower-street—it turned down towards Thames-street—I saw two men following it—it was light enough for me to distinguish them—I took notice of them, and am quite positive the prisoner was one—I did not know him before—I suspected and watched them, and as they got under a lamp, I saw the prisoner, and the other man make a pull at a package behind the cart, but did not get it out—they made a second attempt, close against a gas lamp, took the package out, carried it about eight yards, to a coach rank, and placed it behind a coach—I immediately followed them, and they made their escape—I returned, and gave the bale in charge of the sentry at the Tower-gate—I then went towards Thames-street, and saw the prisoner coming along, running back in the same direction, as he had run away, breathing very hard, with his handkerchief to his mouth—I secured him, and said, "You are my prisoner," and asked where he came from—he said he had come from over the water—I took him up the hill, and gave him to another constable—I said, "You are the man that stole the bale"—he said he was innocent of it, he knew nothing about it—I had lost sight of him for about two minutes.
Cross-examined. Q. Was not what he said, "You are mistaken, I don't know what you mean?" A. Yes—he said, "I am not the man"—I was
about from eight to ten yards from the cart when I saw them under the gas lamp—I had my police dress on, but an undress great coat buttoned over it—I had no strap upon my arm.
ROBERT CHAPMAN . I am in the Rifle Corps. At a quarter after six o'clock I was sentry at the gate of the Tower—I saw a cart come out of Tower-street, and two men following it—just as it came into Thames-street I saw them make a pull at the cart—I am perfectly certain the prisoner is one of them—they made two pulls at the bale before they got it—when they got it they planted it behind a hackney coach—Singer went up to them—they saw him, and ran away—the prisoner came running up close to me, and made a blow at me—I had my rifle in my hand, and held it out to stop the blow—I am certain he is the man, he ran so close to me 1 could not help seeing his face—there were two lamps near me—Singer afterwards brought the bale to me, and came back himself in about two minutes with the prisoner—I delivered the bale in the same state to him.
Cross-examined. Q. Which way was the man coming when he made the blow at you? A. Right down Tower-street, running into Thames-street—I had seen him take the bale out of the cart, but it was not my business to stop him—I could not leave sentry—I made no effort to stop him, but I suppose he thought I was going to stop him.
JURY. Q. Why not take him into custody when he struck at you? A. I could not leave my post—I defended myself by holding up my rifle, which was not loaded—the cart was coming towards me—the bale was taken out of the cart before it came to me, and I could see it very well.
(Property produced and sworn to.)
GUILTY . Aged 20.— Transported for Seven Years.
JOHN LEECH . I am shopman to James Edward Watts, a pawnbroker, in Hereford-place, Commercial-road. On the 3rd of December, about half-past ten o'clock, a gentleman came into the shop and gave me information—I went out and saw the prisoner walking down the road eight or nine doors off with a large whittle on—I put my hand under it, and found this shawl tucked up under her arm pits—I knew it to be my master's by a mark which I made on it myself—it was one of two which I had hung out about nine o'clock—I said to the prisoner, "This is not your shawl, you must come with me"—she said, "Don't hold me so tight, I shall not run away"—I gave her in charge.
JOSEPH BICK . I was walking opposite the prosecutor's shop last Monday morning, about ten o'clock, and saw the prisoner with two other females looking at the shawl—the other two pulled it down, and passed it between some blankets which hung there, and the prisoner took it—I gave information to Leech.
GUILTY .* Aged 21.— Confined Three Months.
378. JOHN INMAN and GEORGE THOMAS CHURCH were indicted for stealing, on the 13th of December, 1 writing-desk, value 1l.; 1 cloak, value 1l.; and 1 petticoat, value 2s.; the goods of Ellen Elizabeth Gibson; and HENRY JONES>, for feloniously receiving them, knowing them to be stolen; against the Statute, &c.
ELLEN NELSON . I am servant to William Sidney Gibson, of Essex-street, Strand. There is a door at the back of the house leading into Devereux-court, which is kept locked, bolted, and fastened by a chain—the prisoner Inman was in the habit of coming to my master's to clean the windows—he was there on Thursday, the 13th, all the afternoon—I saw him doing something to the bolts of the back door between five and six o'clock—soon after I saw Miss Gibson let him out at the front door in Essex-street—I had seen this writing-desk in the parlour all the afternoon—I saw it about four o'clock—the cloak, and petticoat, and things laid on the top of it—I went into the parlour about two hours after, and they were gone—Miss Gibson examined the back door in my presence, and it was then only on the latch unbolted and unchained—we gave information to the police.
GEORGE MARSH . I am a policeman. In consequence of information I received on the evening of the 13th I went to No. 7, Lascelles-court, Broad-street, St. Giles's, and found Inman going to bed there in the first floor room—I took him to the station-house, told him what it was for, and asked what he had done with the writing-desk—he said he had stolen it, but had not sold it—I asked who was in company with him—he said there were two, one named Church, and told me where Church lived—I went back, and found Church in bed in the lower room of the same house—Matthews who was with me told him we were officers of Bow-street, and he must come with us for stealing a writing-desk—he denied all knowledge of it—we took him to the station-house—I asked Inman what became of the desk—he said Church and a man not in custody had sold it—I asked whether he could tell me where—he said he thought he could show me—he afterwards took me to the prisoner Jones's house, No. 20, Little White's-alley, and told me it was there—it was nearly one o'clock in the morning—the street door was open—I went into the passage and knocked at the parlour door—Jones opened it—I asked if he had bought a desk—he paused for a time, and then took me to the cupboard where it was deposited in a bag on one of the shelves—Matthews asked him if there was not some more articles—Matthews opened a bottom drawer where the cloak was, and another where the petticoat was—Jones's wife pointed to the drawers where they were—she was in bed at the time—I took Jones into custody to Bow-street, and next day before the Magistrate, while we were waiting at the office door I heard Church say to Inman, who was crying, "You fool, what are you crying about? if you had repented you ought to have thought of this before-hand—if you had stuck to me I would have stuck to you."
Cross-examined by MR. BODKIN. Q. Did you go to Jones the same day as the robbery, or the day after? A. The same night—he is a marine-store dealer—I asked him when we got him outside what he gave for the things—he said he had not bought them at all, he had not paid any money for them, that they were brought to him, and they were going to call for them the same night, but they had not come, and he supposed they would come next morning.
SAMUEL MATTHEWS . I am a policeman. I apprehended Church—I went to No. 20, Little White's-alley, Chancery-lane, and Inman pointed out the place where he left the things—I knocked at the door of the room, and in about three minutes Jones came and let us in—I had my private clothes
on—I said we wanted a writing-desk and cloak which two young men had brought there that evening, stolen out of Essex-street—he went to the parlour-cupboard, and brought this desk from it, in a bag—I said he had got more property there—his wife pointed out a chest of drawers, and said there was a cloak in the bottom drawer—I found it there—I said, "There is a petticoat somewhere"—she said, "That is in one of the other drawers, I believe"—I opened it, and found it—I was before the Magistrate, and saw the prisoners each sign their names to their statement—this is the hand-writing of all three of them—(read.)
Prisoner Inman says—"I am sorry to say that I did take them, and took them over to a public-house, where this prisoner (Church,) and another man, were waiting for me; and Church and the man took them, and took them to a house in Little White's-alley, Chancery-lane, and told me to wait outside—I waited for some time, and then they came out and told me they had put the silk away for 3s., and the desk they had left till to-morrow morning—we then came back again, and they wished me to go forsome more, but I did not like to go—we then had something to eat at an eating-shop, and then went home." (Signed) "JOHN INMAN."
Prisoner Church says—" This prisoner (Inman) had often told me that he worked in a house in the Strand, where there was a great deal of property, and he proposed robbing the house, and asked me to assist him in it—last night he waited in my room for two hours for me, and then he asked me, and another man who is not in custody, to go with him, and he took us to a public-house, the Temple watering-house, which goes up steps to it, and told us to wait for him—he said he would go and see—there were two doors, and one of which he had left unfastened, and the family lived up stairs—he then went away, and was not gone two minutes scarcely, when he returned with the desk under his arm, and the silk-dress in a basket—I asked him what he was going to do with the desk, and he said he was going to have it green-baized—we all three of us then took the silk-dress and the desk to this man's, (the prisoner Jones,) and left the desk and the other things, and then we came out with the intention of going back, and having more—I said, 'I think we had better cut it now, for I don't like it any longer,' and then we made a proposal to get up this morning to go for a lamp."
Prisoner Jones says—" Two persons came to my house, about nine o'clock last night, and brought this desk—the prisoner Inman was not one of them, and they asked me to purchase it, which they brought openly under their arm, and the cloak, which was in a basket, which I declined buying, as being things I never dealt in—they then left the things, saying they would call for them presently, but they never came."
(Signed) "HENRY JONES."
(Several witnesses deposed to the good character of Inman and Jones.)
INMAN— GUILTY . Aged 27.—Recommended to mercy.
Confined Six Months.
CHURCH— GUILTY . Aged 20.— Confined Nine Months.
JONES— NOT GUILTY .
GEORGE JOHN RESTREAUX . I am a policeman. On the evening of the 18th of December, I was in Broad-street, Bloomsbury, and saw the prisoner with this cheese under his arm—I asked where he got it—he said his father bought it, and gave it to him to take to Bell-yard, Gray's Inn-lane—I took him to the station-house.
OSMOND MASKELL . I live with my father, Peter Maskell, a cheese-monger, in Marylebone-street. This cheese is his property, to the best of my belief—I missed it last Tuesday—I had seen it safe at half-past seven o'clock in the evening—I was absent at the time it was taken—I came home about nine o'clock, and found it gone—we have no private mark on it, but it corresponds with the other cheeses in our shop, from the same dairy—we had eighty-two of the same dairy—other shops were supplied from the same dairy—I am quite sure this is from the same dairy.
ROBERT TRITTON . I am a cheesemonger and grocer, at No, 4, John-street, Edgware-road. I lost a cheese last Tuesday night—this is my cheese—I know it by a private mark on it, and I know the weight of it—the private mark is a particular mark in my iron taster—I had sold it and weighed it, and put it out to be carried away—my iron produces a particular mark, in drawing the taster.
JURY. Q. Could you tell the mark, without taking the taster out? A. I could—and if you take it out, you will see my iron being damaged at the point, has caused a sort of furrow—the prisoner confessed that he had stolen it from me, after he was committed—and his wife came to me, or I should not have heard of it.
NOT GUILTY .
NEW COURT.—Friday, December 21st, 1838.
Sixth Jury, before Mr. Common Sergeant,
JOHN SANDERS . I live with my father. On the afternoon of the 12th of December, I was in the parlour, and saw the prisoner in the shop—he pulled the till under his arm and ran out—I followed, and he was taken in my presence—the money stated was all found in the till on the prisoner.
Prisoner's Defence. I was walking up the Colonnade, a boy with a black apron gave the till to me, and said it was his—they sung out"Stop thief," and I put it down and ran away.
GUILTY .* Aged 15.— Confined Six Months.
381. ELIZABETH CAMERON and GEORGE CAMERON were indicted for stealing, on the 13th of December, 5 printed books, value 1s.;3 plates, value 1s.; 2 knives, value 6d.; 2 forks, value 6d.; 1 brush, value 1d.; 1/4 lb. weight of soap, value 1d.; 1 apron, value 1d.; 1 bag, value 2d.; and 1 D'Oyley, value 1d.; the goods of Lewis James Biggs, the master of the said Elizabeth Cameron.
ELIZABETH BIGGS . I am the wife of Lewis James Biggs, of Notting-hill-square. The prisoner Elizabeth was in our service—we lost some books, plates, and other things—to the best of my belief the things here produced are mine—she had access to the place where they were kept.
Elizabeth Cameron. My young mistress told me I might have all the rubbish in the spare-room, and these books were there, with some waste-paper that was to be burnt—I lent the books to my husband to read. Witness. Certainly not—she did not say one word about this before the Magistrate.
THOMAS TRINGHAM . (police-sergeant T 4.) About eleven o'clock, on the evening of the 15th of December, I met the prisoner, George Cameron, about 200 yards from Mr. Biggs's, with a bundle containing all these articles—I asked where he got them—he said he brought them from Walworth—I knew that he resided near Chelsea, and I took him—on the road to the station-house he told me his wife lived at No. 10, Nottinghill-square—I went there, and found the property was stolen—I believe the prisoners are married—I saw the certificate of their marriage.
George Cameron's Defence. I went to my wife about eight o'clock that evening—she gave me this parcel, and said she would come on Sunday and have them back—I went to a public-house, and staid till near eleven o'clock, and when I came out the policeman detained me.
E. CAMERON— GUILTY . Aged 25.— Confined Six Months.
G. CAMERON— NOT GUILTY .
JOHN TURNER (police-constable D 39.) About half-past seven o'clock on the evening of the 13th of December, I met the prisoner and two others—I stopped the prisoner and found this quart pot under his frock—he told me it was his own—I said, "Then I must see it"—he then said, "It is not mine, it belongs to the Phoenix," which is the prosecutor's house—he was nearly a quarter of a mile from there then.
Prisoner. I went to Mr. Jago's and had half-a-pint of beer, and in going away I kicked against this pot—I said, "I know who it belongs to, I will take it home directly"—I have taken pots home to the prosecutor's before.
GUILTY .* Aged 26.— Confined Six Months.
383. HENRY BROWN was indicted for stealing, on the 28th of November, 1 umbrella, value 10s.; 2 brooches, value 12s.; 2 snaps, value 2s.; 9 yards of printed cotton, value 5s.; 2 shifts, value 4s.; 1 handkerchief, value 3s.; 12 yards of calico, value 5s.; 1 bag, Value 7s.; and 1 1/2 yard of holland, value 1s.; the goods of Mary Jameson.
MARY JAMESON . I am a widow, and occupy the front and back rooms on the ground-floor, in High-street, Mile-end—I removed my furniture there from Thomas-street, on the 25th of November—I employed the prisoner to assist me—I afterwards found my box had been broken open—I missed from it the articles stated two or three days after I had removed—the prisoner did not reside near the house—he had been to the house after I removed for the purpose of setting a stove, but he had not an opportunity of breaking the box then, for I was at home.
MARTHA CORNELL . I am the wife of James Cornell, and live in High-street. On the 25th of November, I saw the prosecutrix removing her goods in there—the prisoner assisted her—in a few days afterwards the prisoner came and asked if she was at home—I told him she had just gone out—he went away, and then came again—I opened the street-door to him, and then he had a key in his hand—I thought he had seen the prosecutrix, and she had sent him back, as he was to do some jobs for her—he went into her room—I did not see him any more.
ROBERT ALLEN . I am a pawnbroker, and live in Whitechapel. I have a brooch and a number of articles—I cannot tell who pawned them, but on the 5th of December, this cotton bag was pawned by the prisoner for 5s., in the name of Jones—the same name that the other things were pawned in—these are the duplicates which were given of the things—(looking at them.)
Prisoner. She sent for me to do her house, and sent me to pawn this bag when I was intoxicated.
MARTHA CORNELL re-examined. When the prisoner came in the prosecutrix accused him of the robbery—he stood three-quarters of an hour and never opened his lips—he then asked her to send for his friends, which she did—they were not at home—he then gave up the duplicates—I do not remember what he said.
THOMAS THOMPSON re-examined. He admitted the robbery when he was taken, and wished to go into the East India Company's service, as the bounty would enable him to get the things. (The prisoner received a good character.)
GUILTY . Aged 19.— Confined Three Months.
MARTHA KING . I am the wife of Frederick King, of St. John-street, a stay-maker. On the 8th of December, about four o'clock in the afternoon, the prisoners came into the shop, and asked to look at some stays—I placed three or four pairs on the counter—they both examined them for some considerable time—Price then said she could not find a pair to suit her, and wished me to make her a pair—she was about giving me the
order—I went out of the shop, and when I returned, I had suspicion, and wished to search Grady—she objected to it at first, but I did search her, and found nothing—I returned to the shop, and two pairs of stays were found on the spot where Grady had stood—they were found in the shop while I was searching her in the kitchen—they could not have fallen on the floor, because I had placed them on the counter—I knew how many pairs I placed, and two pairs were missing from that number—Price did not go into the kitchen—she was left in the shop—I did not examine the shop-floor before I went into the kitchen, but the stays were not on the shop-floor when Grady went out—these are my stays.
HENRY WARNER . I was in Mr. King's shop—I saw the prisoners looking at some stays—Mrs. King spoke to me, and I saw Grady remove something from the counter, and put it under her clothes—Price ordered Mrs. King to measure her, but previous to that, I had called Mrs. King's attention to what I saw, and Mrs. King went out of the room—Grady then left the house, and I followed her and brought her back—Mrs. King then took her to search her, and these stays were found on the spot where Grady had stood when I brought her back—Price had been standing in the shop the whole time.
ELIZA LEIGH . I was in the shop—my suspicions were attracted by the prisoners' conduct—I observed Grady shuffling with the stays, and saw something sticking out near her hip—I was going to put my hand on the part, when she turned her back to the counter—when Mrs. King left the counter, Grady left the shop—Warner brought her back, and we all taxed her with the theft—as soon as she left, these two pairs of stays were on the spot where she stood, and they had not been there before—I picked them up.
GRADY*— GUILTY . Aged 33.
PRICE*— GUILTY . Aged 25. Transported for Seven Years.
(There was another indictment against the prisoners.)
WILLIAM COLE . I keep a print-shop in Theobald's-road, and am in partnership with Charles Cole.. Between twelve and one o'clock, on the 20th of December, the prisoner came in, and asked for a halfpenny worth of wafers—a frame and picture was missing from the desk, and I saw it under her arm—I took it from her—this is it—it is a coat of arms—she said if I would let her go, she would never come into the shop again—I gave her into custody.
Prisoner. It was on the counter, and I laid the 1/2 d. on the picture, he said I wanted to steal it, and he knew me to be a common prostitute for years—it was sealing-wax that I asked for. Witness. I took it from under her arm, under her shawl—I never saw her before.
NOT GUILTY .
were exposed for sale at the side of the shop-door, on the 13th of December, and we lost them.
GEORGE HOBBS (police-constable E 67.) At a quarter before five o'clock, in the afternoon of the 13th of December, I was on duty in Oxford-street, and saw the prisoner, with another lad, two doors from the prosecutor's—the other went opposite the shop, and then returned to the prisoner—they then both went to the shop—the prisoner was in the act of eating a bit of bread, opposite the window, while the other took the boots from the door, and handed them to him—I crossed, and took the prisoner with them.
Prisoner's Defence. I had been to the servants' office for a place—I was coming along, and met this boy, and was going with him—he took the boots and put them into my lap, and I let them fall directly.
GUILTY .* Aged 17.— Transported for Seven Years.
WILLIAM SAVORY . I live at Hillingdon. At five o'clock, on the 16th of December, the prisoner and two others called to inquire the road to Norwood—the prisoner and another staid about some time, and I heard my ducks make a noise—I saw the prisoner come out from my hen-house with a duck in his hand—he got over the pales with it.
Prisoner. I am not the man that had it.
GUILTY . Aged 20.— Confined Six Months.
388. ELIZABETH DARBY, LOUISA DARBY, and ELIZABETH LEADLEY were indicted for stealing, on the 3rd of December, 1 shawl, value 10s., the goods of Emma Wood, from her person; and MARY ANN THOMPSON , for feloniously receiving the same, well knowing it to have been stolen; against the statute, &c.
EMMA WOOD . I am an unfortunate girl, and live at No. 84, Vinegar-lane. On the 3rd of December, at half-past eleven o'clock at night, I was walking along by Shadwell church with a man—Elizabeth Darby came up and struck me—she said, "That is a fancy man of mine"—Leadley then came up, struck me, took my shawl, and ran away with it—I ran after her—Louisa Darby tried to stop me—the three prisoners were together—I took off my pattens, and ran after Leadley—I pointed her out before the Magistrate—they were all three close to me—I am not able to say who took it, but Leadley ran away with it—this is my shawl—I had had no quarrel with them—I never spoke to them in my life.
Louisa Darby. I was not there at all—I saw her running, and asked what was the matter—she said some one had taken her shawl—I told the policeman, and he went and found it.
REUBEN WEBB (police-constable K 171.) I saw the two Darbys and Leadley together about eleven o'clock—in about ten minutes I received information from the prosecutrix—her nose and mouth were bleeding—I told her to walk with me—I went after the three, and caught them in High-street, Shadwell—she charged two of them with striking her, and the
other one with stopping her—I went to Thompson's, at No. 6, Matck-walk, about two o'clock in the morning, and found her in bed with a sailor—she said, "I suppose you have come about the shawl?"—I said, "It appears to me you know all about it"—I turned the quilt up, and the shawl laid between the blanket and the quilt.
Thompson. I gave him the shawl off the bed—he did not find it—he asked me if I had a shawl. Witness. No, I did not—she said, "I suppose you are come after the shawl?"
ELIZABETH DARBY*— GUILTY . Aged 21.
LOUISA DARBY*— GUILTY . Aged 18.
LEADLEY*— GUILTY . Aged 18.
THOMPSON*— GUILTY . Aged 21.
Confined Six Months.
389. THOMAS DENTON and JOHN BROWN were indicted for stealing, on the 6th of December, 1 pair of trowsers, value 8s.; 1 hat, value 5s.; 2 handkerchiefs, value 6s.; 1 necklace, value 8s.; 1 flannel shirt, value 2s.; 1 needle case, value 1s. 6d., and 1 pair of boots, value 6s., the goods of William Nicholson, in a vessel in a Port of Entry and Discharge.
WILLIAM NICHOLSON . I belong to the barque John Dempster, which was in the London Docks—it came in on the 5th of December—on the 6th I saw a manilla hat of mine on deck, and a bag containing all these things but the hat—I missed them about nine o'clock in the morning—I have since seen this hat and handkerchief, that is all—I do not know the prisoners—I did not see them that day—persons could come on board without my seeing them.
Denton. Q. Can you swear to the handkerchief? A. To the best of my belief it is mine—I never wore it, but I believe so by the look of it, and the hat is mine.
DANIEL DONOVAN . I am a porter, and live at No. 5, King-street. I was on board this ship that day—I saw the prosecutor up aloft, and saw the prisoners speak together—Denton went and took a hat from between the beams—to the best of my belief, this is the hat, but it has been disfigured since—Denton turned the hat up, and put it inside his clothes—he then went and took the things out of the bag, and overhauled them—at that time Brown was on the forecastle—Brown then went to the bag, and took the trowsers out, took his own off, and put them on—I told Brown he should not take them out of the vessel in my presence—he said, what was that to me, and offered me a shilling—I said I would not hare such a shilling as that—I went to stop him, but he ran—I got hustled by three or four fellows, and they got away on the quay.
Brown. I put on a pair of trowsers, but a man on board gave them to me.
WILLIAM GOLDSMITH . I live in George-court, William-street. Last Sunday night week I went to the Bell public-house, Ratcliffe-high way—I saw Denton there—he offered me this handkerchief to buy—I did not want it, but I bought it at last.
Denton's Defence. He called me into the shop, and aiked me to sell
this hat, which I had in my hand—I bought the handkerchief on board the ship of one of the men, and the hat was lying about.
DENTON— GUILTY . Aged 21.— Confined Six Months.
BROWN*— GUILTY . Aged 23.— Transported for Ten Years.
390. ELIZA GREEN was indicted for stealing, on the 25th of October, 1 watch, value 15l.; 1 seal, value 1l.; 1 watch-key, value 1l.; 1 watch-chain, value 2s.; the goods of Thomas Hilditch, from his person.
THOMAS HILDITCH . I live in Essex-place, Hackney. Between seven and eight o'clock on the 25th of October, I was coming along Shoreditch, and met the prisoner at the end of the Hackney-road—she stopped me, and I asked "What do you want?"—she said, to go with me—I said I had no money—she said, "You have a little"—I said I had but 6d.—I went behind a house with her, but she jumped up as soon as she got my watch, and away she ran as hard as she could—I could not follow her—I cried "Stop thief," but she was off—I have not seen the watch since—I know she is the person—I was not drunk—I had had some liquor, and cannot say I was sober—I had given her the 6d.
Cross-examined by MR. PAYNE. Q. You are a gentleman living on your property? A. Yes—I do not know who spoke first—I did not go up against any palings—I saw the prisoner about five or six weeks afterwards at the police-office—I was ten minutes or a quarter of an hour with her altogether—my wife has been dead eight years—I am quite sure I had my watch with me—I put it from my fob to my breast pocket, and she took it out—I gave 36 guineas for it.
JOSEPH CHARLES KING (police-constable F 220.) About seven o'clock in the evening, on the 25th of October, I was near Weymouth-terrace, Hackney—I saw the prosecutor and the prisoner at the corner of the terrace, talking—I ordered them to move on—I knew the prisoner before—I saw her again about six weeks afterwards, when she was brought to the station-house.
NOT GUILTY .
391. SARAH HIGGINS was indicted for stealing, on the 1st of December, 1 bag, value 2d.; 3 sovereigns, 2 half-sovereigns, 5 shillings, and 7 sixpences; the goods and monies of Ann Mitchell; and THOMAS HIGGINS , for feloniously, receiving the same, well knowing them to have been stolen; against the Statute, &c.
ANN MITCHELL . I live near the Windsor Castle, King-street, Hammersmith, and am an omnibus proprietor. I was in my own omnibus on Saturday afternoon, the 1st of December, going from London to Hammersmith—I sat on the right hand side, close against the door—I had a small bag in my hand, containing 3 sovereigns, 2 half-sovereigns, 5 shillings, and 3s. 6d. in sixpences; amongst which were two very remarkable sixpences, which I can swear to—no one got in but the prisoners—Sarah Higgins got in directly opposite Trevor-square, and the man got outside—he got in towards Kensington, and then on we went—there was one young woman at the further end of the omnibus, that was all—the female prisoner sat nearly opposite to me, and the man close to her—I got out at the Windsor
Castle—I had my bag in my hand, when I got off the seat—I had a basket, and as I was getting out the bottom step being very muddy, I took my cloak with my right hand to pull it from the mud—in that hand I had my bag—in doing so I dropped my bag—a little girl gave me some information—inconsequence of that I stepped after the female prisoner—I should think she had got fifty, sixty, or seventy yards from the omnibus—she had just caught up the male prisoner, and was speaking to him—I said to her, "You have picked up a small bag, which is mine, I dropped it as I came out of the omnibus; I should be much obliged to you to give it me"—she said, "I have got no bag"—I said, "You have; the little girl saw you pick it up: I will tell you what sort it is"—she said, "I have no bag in my possession, of yours"—the male prisoner kept walking on, and so did the woman—I looked for a policeman, but I could not see one—I came back to the Windsor Castle, and sent my horsekeeper to look for an officer, or to go to the station-house—here are 2 sovereigns, 2 half-sovereigns, 1 shilling, 4 sixpences, and 7d. in copper—(examining them)—this is one of my sixpences, and this I believe is the other—this one is very particular—there is something of a ring on it, done with some sort of instrument.
Cross-examined by MR. RYLAND. Q. You were conscious of dropping your bag as you were stepping out? A. I missed it in a minute afterwards—I was not conscious of it at the moment—I went to the side of the horses to speak to the coachman, and continued there about a minute and a half—when I had done speaking to him, I put my hand down to my side for my key, and then I missed my bag—I then turned to look for it, as I was conscious I must have dropped it in going out there, and the girl spoke to me—not more than two minutes elapsed between the girl speaking to me and my speaking to the prisoners—I found them talking together—I first stated that my bag contained sovereigns and half-sovereigns when I got to the station-house—no one asked before that what my bag contained—I know M'Gowan, a shop-keeper—after I left the prisoners in the street, and had gone back to my own house, I was passing by Mr. M'Gowan's shop, and saw Sarah Higgins there, and went in—M'Gowan did not ask me what money my bag contained—he never spoke to me—I did not tell him that there was 8s. 6d. in the bag—I never spoke to him in his shop, nor he to me, nor at the door—when we were going to the station-house, I asked him what sort of a sovereign Mrs. Higgins had changed with him—he said, "A new one, to the best of my knowledge"—no one ever asked me what the bag contained—I myself told Mrs. Higgins there was 8s. 6d. in silver—he did not ask me what money there was in it—I do not recollect his asking me any thing about it—I do not think he was present—I will swear he was not—I believe the male prisoner was present the second time—I believe neither of the police constables were present when I said there was 8s. 6d. in the bag—I will swear it—I did not mention gold on either of those occasions—I never stated all it contained till at the station-house—when I first overtook the woman I said there was 8s. 6d. in silver, and I believe I said so afterwards—I do not know that I said any thing about sovereigns or half-sovereigns—I did not consider I was bound to tell what was in it till I came to the station-house—I said that there was one sixpence particularly marked—I said there were two or three very remarkable—there was one marked in a particular way, and one very crooked, and one a little crooked—there was one a little crooked found—this is it—(looking at it)—there was no one found very crooked I think—I swear to these two
sixpences—I had had them about a week—I had kept them in my pocket with other money, and sometimes in a bag with other silver—I had them from Friday evening in my bag in my pocket—the three sovereigns and two half sovereigns were wrapped in a small bit of paper, and then put in the bag with the 8s. 6d.—I had no purse—a great many sixpences pass through my hands—I travel with the omnibus sometimes, and take the money regularly for the day's work in the evening—I knew Mr. M'Gowan as a shopkeeper in the neighbourhood—the female prisoner always denied having my bag—she did not say I might search her person, in my hearing, till the inspector said they must be searched—the word searching was never mentioned in my hearing before that—I did not ask her to be searched.
ELIZABETH GUYAT (a child.) I live at No. 8, Webb's-lane, Hammersmith. I was passing the Windsor Castle on the 1st of December—as the presecutrix was getting out I saw her drop a bag—I heard it jink as it dropped—I saw the prisoner, Sarah Higgings, getting out—I was just going to run to pick up the bag, and she picked it up, and ran after the prisoner, Thomas Higgins, who got out first—he did not touch the bag—he had not gone far—his back was to the omnibus—it was a little kind of purple and half-mourning bag—I went and told the prosecutrix.
Cross-examined. Q. How far were you from the omnibus? A. Three or four yards—I have never said I was twenty—I do not mean to swear that Sarah Higgins ran away—I do not think she did run—she walked first after her husband—I am certain it was a bag she picked up—I swear that positively—I did not see her drop something as she got out—I saw Mrs. Mitchell drop something—I have never said that I could not be sure whether what I saw Sarah Higgins pick up, was a bag, a glove, or a handkerchief—I saw Eliza Cole on the-Sunday after this happened—I said to her, "I have got to go to Queen-square to-morrow, to appear against Higgins"—I did not say, "Do you know I could not sleep last night for thinking of it," not any thing like it—I did not say, "I am not sure whether she picked up a bag, a glove, or a handkerchief—I saw her stoop, but I don't care, as I shall get half-a-erown for going; I shall stick to old mother Mitchell"—I saw Cole again on the Wednesday after I had been to Queen-square—I think I talked to her that day about the bag and the money—Cole did not ask me, to my knowledge, how far I was from the omnibus, when I saw Mrs. Higgins pick up the bag—she did ask me—I did not tell her I was twenty yards—I do not know exactly what I did tell her, but I swear I did not say I was twenty yards—I swear now that I was within three or four yards.
JOSEPH JUPP (police-constable T 177.) I went to the Cock and Magpie, and found Thomas Higgins—I took him to the station-house, and found on him two sovereigns, three half-sovereigns, five shillings four sixpences, and sevenpence—that was the same afternoon—the sixpences which the prosecutrix says are marked were found on him.
Cross-examined. Q. You went to the public-house? A. Yes, with Mrs. Mitchell, and took the man—I have known hin, I suppose, twelve months, by seeing him about the road.
ALEXANDER M'FARLANE (police-constable T 148.) I went to the Cock and Magpie that afternoon, and saw the female prisoner—I asked her if she had got the bag belonging to the prosecutrix—she said, "No"—that is what I swore before the Magistrate—I did not search her at that time—I took her to the station-house—the sergeant wished me to search her, and
she gave me her pocket which contained one sovereign, twenty-two shillings in silver, and eightpence in copper—I said nothing to her about pickings up a bag, to my knowledge.
Cross-examined. Q. Which do you mean to stick to now; whether you asked if she had got a bag, or picked up a bag? A. She stated she picked up a handkerchief and a glove, which she had dropped—that was in consequence of my asking her whether she had picked up a bag—I have been in Court during the whole of this case—I have not talked to Guyatt at all—I had not known the prisoners before.
COURT. Q. How long have you been in the police? A. Two years and a half.
MR. RYLAND called
ELIZABETH HIGGINS . I am the wife of Mr. Higgins, the male prisoner's brother. The prisoners are married, and have lived at Chiswick five or six years—she, is laundress to Mr. Demster's school—he sells tares and carts them—I went to their house on the morning of the 1st of Decenber, to take care of it while they came to London—she went to the drawer and said to her husband, "What money had I better take?"—he said, "6l. or 7l."—she took six sovereigns and two half-sovereigns, put it in a clean pocket on the table, and put the pocket on—I did not observe whether she had any silver besides—she went for a pint of half-and-half, and when she came back her husband said, "You had better give me part of that money"—she gave him three sovereigns and two half-sovereigns, which he pot into his pocket—he had been unwell a long time, and they were going to see Dr. Davis, the physician—they went in a hone and cart, which they borrowed of Mr. Burford.
LYDIA BURFORD . I am the wife of Joseph Burford, a publican. I know the prisoners—I remember my husband lending them a horse and cart on the 1st of December—before they went to town, Mrs. Higgins came to me for change for a sovereign—I gave her four half-crowns, nine shillings, and two sixpences, that was the change I am quite certain—one of the span of the wheel of the cart broke, and they sent it back by a boy.
ELIIABETH COLE . I am fifteen years old, and live in Webb's-lane, Hammersmith, about five doors above Gruyat. I heard of this robbery on the Sunday morning, as the robbery was on Saturday—I saw Guyat in the evening—she said to me, "I have got to go to Queen-square to appear against the Higgins's, and do you know I could not sleep last night for thinking of it, as I am not sure whether she picked up a bag, a glove, or a pocket handkerchief; but never mind, I shall keep on mother Mitchell's side, and I dare say I shall get half-a-crown"—I saw her again on the Wednesday—I asked her how far she was from the omnibus when the bag was picked up, and she said about twenty yards—I mentioned to my father and mother what she first said.
COURT. Q. Are you a friend of the Higgins's? A. No, I do not know them—I believe my mother told Joseph Inglish, and he told M'Gowan—I am a servant at Mrs. Allcock's, in Paradise-place.
I have known the prisoners four or five years, they have been customers of mine. On Saturday, the 1st of December, the female prisoner came into my shop, about a quarter-past three o'clock, to pay their last week's account, and to order some other goods—she paid 7s. 6 1/2 d.—shortly after Mrs. Mitchell followed her into the shop, and accused her of picking up her purse—Mrs. Higgins said, "My good woman, I have not seen your purse, if I had I would give it you, but I am willing to be searched"—I am sure about that—I asked Mrs. Mitchell what there was in the purse—she said, "8s. 6d."—she then said to Mrs. Higgins, "If you will not give it up by fair means we will make you do it by foul"—Mrs. Higgins then went to join her husband next door—Mrs. Higgins gave me a sovereign, and I gave her change—she came back very shortly and said they would not search her there, they were going to take her to the station-house—I went with them—Mrs. Mitchell then gave a different account of the contents of her purse—she mentioned three sovereigns, two half-sovereigns, and 8s. 6d.—the prisoners are highly respectable.
JOSEPH INGLISH . I am the son of the landlord of the Cock and Magpie. I have known the prisoners about twelve months, by seeing them pass—on the first Saturday in this month, I saw them at my father's house—Mrs. Mitchell said she had lost 8s. 6d.—I told her it was too much for any one to lose, I was very sorry for it—I asked her as she was coming out of the tap-room door what she had lost, as I had heard her complain in the tap-room that she had lost her bag, and she said 8s. 6d.
(Several witnesses gave each of the prisoners an excellent character.)
SARAH HIGGINS— GUILTY . Recommended to mercy by the Jury.
THOMAS HIGGINS— GUILTY .— Confined Three Months.
MR. BODKIN conducted the Prosecution.
JAMES WILLIAM FRYER . I was clerk to Bailey and Perkins. They deal with Mr. Taylor, and had half-yearly accounts—at Christmas, 1837, I think their account was 6l. 13s.—on the 14th of April the prisoner applied for the money, and 5l. 15l. 6d. was paid to him, allowing the usual discount—he gave credit for it—(reads)—" Creditor by cheque, 5l. 15s. 6d."—this is his writing.
Cross-examined by MR. DOANE. Q. Did you pay him? A. I firmly believe I did, but I am positive he received it, because on the 14th of April application was made for the account—my usual plan is to fill up all the cheques—I will not swear that I actually paid him.
MR. BODKIN. Q. Did you fill up this cheque? A. Yes; I know the prisoner's hand-writing—the cheque has been returned from the banker's as paid—I have no doubt of that writing being the prisoner's.
JOHN WALKER BAILEY . I am in partnership with my father, William Bailey—we are ironmongers in Gracechurch-street—we owed the prosecutor the quarterly account, which was 11l. 11s. 7d.—there was a discount which reduced it to 10l. 14s.—I have a receipt for that signed by Thomas Morgan—it has the appearance the other receipts have—I may have seen the prisoner write, but I cannot charge my memory—I cannot say whether I was present when it was paid.
(looking at one)—I wrote the cheque for 6l. 7s. 1d., and left it in my office—I do not know who received it, I have a receipt for it—that cheque was prepared among others for the claimants—I cannot remember whether I paid this one myself—I paid eight or ten cheques, and left the rest this cheque has been returned to me among other paid cheques from my banker's—(looking at it.)
Cross-examined. Q. Was that receipt stamped? A. Yes; I got it from my clerk's office.
LAUNCELOT GROVE . I was Mr. Taylor's porter. I went to Mr. Ness's office in September last, by desire of the prisoner—this is the receipt I carried there—the prisoner gave it me, and desired me to go and receive the money—I went and received from Mr. Ness, or some of his clerks, the cheque which is pinned to the receipt—I gave the cheque to Morgaa—I know no more of it—it was after dinner—Morgan was in Mr. Taylor's office, to the best of my knowledge.
Cross-examined. Q. When did you receive it? A. On the 12th of September—I know I took it to the prisoner the same day I received it—Mr. Evans was there—I believe it was in the place of business—I gave the prisoner the money—I told him I had got it from Mr. Ness's office—I did not receive more money that day.
JOSEPH TAYLOR . I am in the iron business, and live in Noel-street, Marlborough-street. The prisoner was in my employ as clerk, and had been ten years and some months—it was his business to receive money on my account, and keep my books—down to 1886, that was done with regularity—I paid him 2l. a week—he had four rooms and firing—he is now a widower—I placed considerable confidence in him—since 1836 my books have not been kept as they used to be—he did not account to me for 5l. 15s. 6d., received from Bailey and Perkins, for their account to Christmas—I have repeatedly spoken to him about it—he said that both accounts would be paid together—he said application had been made for it—he gave me that account several times—I generally when I received money made it paid off in the ledger—I looked in the ledger in November, and Bailey and Perkins's account was then left open—here is now in the book "Creditor by cash, Thomas Morgan"—there is no date to that—I had seen the account within ten days or a fortnight of the 26th of November, and it was then left open, and on the 26th I saw it in this way—in Mr. Bailey's account here is" 11l. 11s. 6d."—the discount would reduce it to 10l. 14s.—that was not paid to me—it still stands as an open account—I first saw this letter of Mr. Ness's on the 27th of November—after the prisoner was remanded—it was among the papers in his possession—he had not told me before that Mr. Ness had sent such a letter, or given me an account of the money being received—I believe the bottom line of this receipt—(looking at one)—to be the prisoner's hand-writing—he was taken on the morning of the 27th of November—I had not observed him taking any papers from the counting-house—I had been out, and on my return home I found a carpenter at the desk—I said to him, "Dyer, what are you doing there?"—I went to make inquiries of two or three customers, and had the prisoner taken.
Cross-examined. Q. How long had he been in your service? A. Ten years and a few months—previous to his marriage he had 30s. a week—and at that time he had 40s.—he was not to receive a commission for goods sold—I had sometimes thirty persons in my employ—there were about twenty when he first came—I think I have twenty-two now—my accounts
are in a disordered state—I have asked him repeatedly to make up accounts which have been only headed—I knew the state the books were in—I had a letter from him on the 17th of November—he had thought proper to employ a person to do work, which I did not approve of, and we had a few words—after I had left business this letter was sent to me, wishing me to meet him to arrange business—I did not do so—I believe he said at the police-office that if he had the books he would make them up.
COURT. Q. Was it his duty to pay you the money he received? A. Yes, every week.
MR. DOANE. Q. Did it not frequently happen that he was obliged to disburse money almost as fast as he received it, in pursuance of his duty? A. That might be the case, I have no doubt—I know he had to borrow money to pay the workmen at the end of the week, and most likely he had himself money of mine in his possession—I believe he has borrowed money of Mr. Hopper—I have no doubt of it—I have gone myself with him to Mr. Hopper to borrow money, and the prisoner had money of mine at the same time—I know that since—monies that have been lying months back—the prisoner never lent me 100l.—he gave me 100l. to take care of for him—I have repaid him, and more—he had three £10 and £15—3000l. a year might pass through his hands—I have been residing at Kensington for the last six months—he has almost commanded me as a servant to come to business—I have lately got a clerk, named Mangle—I do not know whether he was clerk to Messrs. Harmer and Flower—I never heard it—I have not consulted him about getting this case up—I was advised by him to go to Mr. Humphreys—there was an action brought against me for dilapidations—I had above 100l. to pay—the prisoner had money of a customer of mine that was owing to me to pay that—he did not get money from other parties that I am aware of—I remember being obliged to borrow 20l. to pay my workmen—I know that he has paid sums of money without their being entered by him as paid; and I know that he has received money which would more than cover it—I know he paid 5l. 17s. 6d., 7l. 12s. 6d., and 14l. 6s. 10d.
COURT. Q. Do you know of these sums being paid? A. Yes, the 14l. 6s. 10d., I paid 10l. of it myself in Thames-street—he has not put that in the book as paid.
MR. DOANE. Q. Do you not know of many other sums he has paid that do not appear in the book? A. No, he has not—I know he has paid 10l. to Longmore, of money that has been received by him—I have known him to receive money out of which he has paid those items, and that he has not put down—there is no-entry on the other side Longmore's account.
COURT. Q. Was the money he paid, more than the money received by him? A. I should say not.
MR. DOANE. Q. In this cash-book is an entry, "cash 35l.," without a name, can you tell me what it refers to? A. That is his own writing—it is cash he received from different persons, and there are items on both sides not entered—I would not swear in every case in which he received and paid money that what he paid was less than what he received—I believe I have not called upon him as lately as the coronation to pay any workmen—I remember Hyde-park fair—I did not then borrow of Mr. Hopper a sum of money, nor did any body to my knowledge.
MR. BODKIN. Q. Does this account come down to 1836?—A. Yes; part of it—here he charges himself with receipts on one side, and disbursements
on the other—he has been frequently requested to keep up this cash-book since then—I have myself been very unwell, and been obliged to live at some distance, and I desired him to keep the books, as he did before—he has received and paid money, and has occasionally accounted to me, but not in writing—he has never said, that he had received these three sums, but in August he said one of them was not paid—here are many accounts headed, and without any entry of goods—here are headings in the day-book, and the work ought to have been carried out, but it is not—here is a heading in the book of the Strand Union account—there was work done for them, which was begun in the the latter end of March and finished in July, and there is not a particle entered of what was done for them—it was his duty to have put it down—I have no means of telling what I have to charge them.
Cross-examined. Q. Here is merely the heading for a subsequent account? A. Yes, there were a number of men employed for about three months, and application has been made by the clerk of the Union for the account, which could not be furnished.
" Sir,—If you will send me a receipt for your account, 6l. 7s. 1d., I will give you a cheque. Your obedient servant, JAMES NESS."
(Robert Elton, a farrier; George Gregory; and J. Bennett a fruiterer; gave the prisoner a good character.)
GUILTY . Aged 35.— Transported for Seven Years.
(There were two other indictments against the prisoner.)
DAVID EVANS . I live in Webb's-square. On the 3rd of December, at half-past eight o'clock, I was in Norton Falgate—I felt a twitch—I turned round, and saw the prisoner running away—he threw my handkerchief from his hand—I picked it up, and he made his escape—this is it—(looking at it)—there were several persons round, but I saw it drop from him—I went to the policeman, and gave a description of the prisoner, and he was taken in two minutes.
GUILTY .—Aged 17. Confined Six Months.
394. CATHERINE DONOVAN was indicted for stealing, on the 6th of December, 1 coat, value 12s.; 2 gowns, value 16s.; 1 bed-cover, value 2s. 6d.; and 1 petticoat, value 6d.; the goods of Edward Edmund Child.
EDWARD EDMUND CHILD . I am a pawnbroker, and live at Shadwell. About six o'clock in the evening, on the 6th of December, a woman came into my shop, and told me something—I went round, and saw the witness, Phillips, pick up a coat, and place it on the counter—it was one I had taken in pledge that day—on a promise of forgiveness, the prisoner told me that the other things were stopped at Mr. Campbell's, a pawnbroker's—I
told her, if she would tell me where they were, I would forgive her—I did not wish to bring her here.
MARGARET PHILLIPS . I live in New Gravel-lane. I was in the pawn-broker's shop, standing outside the counter—I saw the prisoner there, with the coat in her hand—I took it out of her hand, and put it on the counter.
GUILTY . Aged 9.—Recommended to mercy.— Confined Six Months.
ROBERT CARR . I live in Buckinghamshire. On the 17th of December, I was coming to London with my wagon. I stopped at the Coach and Horses at Hounslow—I left the wagon and my great-coat in it, for about half an hour, while I went in, and it was gone—this is my coat.
Prisoner's Defence. I was returning home, and opposite the water-works I picked up this coat in the road.
GUILTY .* Aged 33.— Confined Nine Months.
ROBERT JOHNSON . I live at Poplar, and keep a clothes-shop. At half-past seven o'clock in the evening of the 13th of December, I heard a cry of "Stop thief," and missed a pair of trowsers from my shop-Hhe prisoner was brought in soon after, and my trowsers were found on the step of a door.
ALEXANDER JOHNSON . I am the brother of Robert Johnson. I heard a rustling, and missed a pair of trowsers—I ran out of the shop-door, and saw the prisoner about twenty yards off—I ran after him, ana cried, "Stop thief"—I caught him, when he had run about 200 yards—he turned, and struck me several blows in the face—I called for assistance, and he was, secured—a little girl picked up the trowsers.
Prisoner. Q. Did you see me steal the trowsers? A. No.
SARAH MANNING . I live at No. 21, New-street, Limehouse—I was in the street, and saw the trowsers lie on the steps—I knocked at Mrs. Donnell's door, and asked if they were hers—she took them in—I did not see them with any body.
ALEXANDER JOHNSON re-examaminel. The prisoner was twenty yards from me when I first saw him—he was running from me, and no one else was running—the trowsers were picked up between my brother's shop and where the prisoner was caught—when he was brought back I asked him why he ran away—he said, did I think be was going to be taken by a boy like me.
Prisoner's Defence. I heard the cry of "Stop thief," this lad was behind me, and I shoved him down—he got up and collared me again—I said if he wanted any thing of me I would go back with him—there were several people walking about at the time.
GUILTY .* Aged 16.— Transported for Seven Years.
397. WILLIAM CARLY was indicted for stealing, on the 30th of November, 1 pair of trowsers, value 12s.; 2 shirts, value 16s.; and two waistcoats, value 12s.; the goods of Thomas Pepwell, his master; and that he had been before convicted of felony.
SOPHIA COLE . I am the wife of John Cole, of Waterloo-road, Lambeth, a pawnbroker. I have a shirt pawned by the prisoner, in the name of Thomas Phillips—I have a pair of trowsers, but I cannot say who pawned them.
GUILTY .* Aged 20.— Transported for Seven Years.
Before Mr. Sergeant Arabin.
EDWARD THOMAS ROGERS . I live at Woodford, and am a smith. I lost these copper bits from my workshop on Thursday evening, the 6th of December—they are worth 5s.—the prisoner lives at Laytonstone—he had been to my shop to fetch some work for his employer—I went to him on the Friday, and found one of the bits at his place, where he was at work—I asked how he came by them—he said, "Your apprentice lent them to me"—I inquired where the other one was—he denied having that one at all, but I found it in searching his house afterwards—these are the tools.
Prisoner. Master gave him an order to make some tin spouts—I went to his shop for them, and he told me to ask him for an iron, and instead of one, I had two which I borrowed there.
Prisoner. When I went down for the spouts, I said I was to have a soldering iron. Witness. No, you did not.
DAVID JOHNSON (police-constable C 61.) On Friday afternoon Mr. Rogers came to me—we went to the prisoner's, and I stopped back—the prosecutor came, and said he had found one of his tools—I went and took the prisoner
—after I had locked him up, Mr. Rogers asked if he knew any thing of the other bit—he said no, and the one he had the apprentice lent him—I went to his house, and found the other concealed.
Prisoner. I had my master's orders to get the tools, and I told the Magistrate so—I have worked sixteen years for the same master and his brother.
GUILTY .* Aged 35.— Transported for Seven Years.
MR. DOANE conducted the Prosecution.
THOMAS RAYNER . I am in the employment of Mr. James Sherman Spering, a farmer at Wanstead. The prisoner was in his service. On the 28th of November, some beans were sent to Barnard Gay, the miller, by another man—the next day I sent the prisoner to the miller's, to bring the meal back—he brought twenty-six sacks—he told me the miller had given him twenty-six—I made inquiry respecting another sack, and he told me the miller had given him an empty sack, and he took it to the stables with the horse-cloths—after a bit he brought it to me—I found there had been bean-meal in it, the same as the meal I had received—that meal was the property of my master.
BARNARD GAY . I am a miller at Millwall, Poplar, about five miles from Wanstead. On the 28th of November I received some beans to grind—the next day the prisoner came, and I gave him twenty-six full sacks, and half a sack more—I am quite sure that the twenty-seventh sack was half full—it weighed 1 cwt. and 14 lbs., with the weight of the sack.
Prisoner's Defence. It rained very hard—I stopped at the first watering place, and took this sack out, gave some to the horses, and took the remainder home with me, and gave them some there—I showed the foreman the sack—I did not say I had the empty sack from the miller.
GUILTY . Aged 37.— Confined Six Months.
Before Mr. Baron Parke.
JAMES TICK . I live at Blackheath, in the parish of Lewisham. I had a mare which I saw safe between ten and eleven o'clock at night, on the 10th of December, on the heath—I missed her next morning, about nine o'clock—I had only had her five days—I saw her again on Friday, the 14th, at Green-street, at Mr. Winkley's, and am quite sure it was my mare—the place I put her in was Elliott's-place-green, which is on the heath, but it is railed round—there was room between the railings for her to get out, but she was blind with both eyes, and I thought she could not get out.
Green-street, Wellington-street, Blackfriars-road. The prisoner brought the mare to my yard on the 11th of December, about eight o'clock in the morning, and asked me 1l. for it—it was fit for nothing but slaughter—I said it was too much—he said, "Mr. Winkley, it belongs to a poor widow woman, and if you knew the circumstances you would give that for it, as you would help the family"—I said, under those circumstances I would give him 14s., which I did—the prosecutor afterwards saw it at my yard, and claimed it.
Prisoner's Defence. I bought the pony at New-cross, for 12s.—I gave Winkley my right name and address—I have known him a long time.
THOMAS WINKLEY re-examinel. I have known him some years, but I said, "I forget your name"—he said, "Thomas Peck—you ought to know me"—he was in the habit of recommending me people who wish to sell horses, and he attended Smithfield-market.
GUILTY . Aged 34.— Confined Six Months.
401. THOMAS LEWIS LORDEN and JOHN LORDEN were indicted for feloniously breaking and entering the dwelling-house of Sarah Desforges, on the 7th of December, at Lewisham, and stealing therein 1 box, value 1s.; 6 tin-cases, value 1s. 6d.; 31 oz. weight of sweetmeats, value 4s.; 9 pence, 63 halfpence, and 9 farthings; her goods and monies.
SARAH DESFORGES . I live at Blackheath, in the parish of Lewisham, and keep a greengrocer's shop and rent the whole house there. On the 7th of December, about a quarter to twelve o'clock in the day, I went out of my shop to the back part of my house—I left the shop-door shut but not fastened—it was latched—I returned in five or six minutes, and found it wide open—a boy afterwards came in—I looked round, and missed a box, with 3s. 6l. in copper in it, and six tin-cases containing different kinds of sweetmeats—it was safe when I left the shop—the box was brought back by Smith.
EDWARD GEORGE COPPIN . I am groom to Mr. Mears of Blackheath. On the 7th of December I heard of this, about ten minutes after twelve o'clock, and went in pursuit of the party towards the Paragon—I saw the prisoner, Thomas Lorden, drop the box by Mr. Warren's gate—the other prisoner was running with him, and he ran on two or three yards before him—John ran down an area in the Paragon, and when I turned the corner the other stood still—I secured them both—Smith took up the box when it was thrown down, and went to the prosecutrix's with it.
HENRY MUMFORD . I am one of the Lewisham police. On the 7th of December, I went to the Hare and Billet public-house, and found the prisoners in Coppin's custody—I asked Thomas Lorden what he did with the box—he said a man had employed him to carry it over towards the Paragon, and told him to run with it—I saw the prosecutrix the same night, and afterwards asked Thomas Lorden if he went over the counter or round it to get it—he said he went round the counter and took it—I made him no promise or threat—the other prisoner said he had nothing to do with it, he was only in company with him—they are cousins.
JOHN LORDEN— NOT GUILTY .
Before Mr. Common Sergeant.
GUILTY . Aged 26.— Confined Three Months.
Before Mr. Sergeant Arabin.
403. JOHN BARNES was indicted for stealing, on the 4th of December, 1 window casement, value 12s., the goods of the Commissioners of Greenwich Hospital, and fixed to a building, & c., to which he pleaded
GUILTY . Aged 31.— Confined Three Months.
Before Mr. Common Sergeant.
ALEXANDER MELVILLE BLEST . I am a shoemaker, in partnership with my father at Woolwich. On the 6th of December, between eleven and twelve o'clock, I missed two pairs of boots, worth 18s.—they were on the counter about ten feet from the shop door—there are them—(looking at them.)
DANIEL RIEORDAN (police-constable R 207.) About one o'clock on the 6th of December, I was in East-lane—I met the prisoner with a bundle under his arm—I asked when he had there—he said a pair of boots, and that he was sent by his sunt, to his mother in Greewich, to see if either of the pairs fitted—I said I would take him to where he said his sent lived—in going along, he said he had told me a lie, that his sent lived in another place, and that her name was Elizabeth Williams—I went to inquire—there was no such person there.
(Property produced and sworn to.)
Prisoner: Defence. I did not teal themI had them given to me—I am living with my aunt in Milk-street, City.
GUILTY . Aged 15.— Confined Six Months.
405. JAMES BARRATT and WILLIAM HOUGH were indicted for stealing, on the 5th of December, 7 lbs. weight of bacon, value 3s. 6d., the goods of William Toplye; and that Barratt had been before convicted of felony.
WILLIAM TOPLEY . I am grocer and cheesemonger in Trafalgar-road, Greenwich. On the night of the 5th of December, I missed two pieces of bacon from my shop—these are them—(looking at them)—I have two pieces that match them—I had not seen the prisoner about the shop.
JOHN PENNY . On the 5th of December, at twenth minutes to eight o'clock, I saw Barratt and another young man close to Mr. Topley's shop—Barratt had a handkerchief in his hand—after a little while they walked across the
road—then Barratt walked towards the shop, and the other man went to a court—in a few minutes they were both gone.
Barratt. Q. How can you swear to me? A. I have known him two years, but never spoke to him.
DANIEL RIORDAN , (police-constable R 207.) At half-past eight o'clock on Wednesday evening, the 3rd of December, I received information, and went after the prisoners—I found Barratt with another young man—I questioned him where he had been—he said he had come from Woolwich—I was not satisfied—I took him to Mr. Topley's, and Penny said Barratt was the man that had been about the shop—I took Barratt at his own house, and not knowing his house, I went into Hough's house first—I looked into a cupboard there, and saw a handkerchief, and in it three pieces of bacon—I took him, and went to Barratt's, which is next door, and there found one more piece of bacon—I took them to Mr. Topley's, and he claimed them—I went to Hough, because they had been in company together—I have seen them in company.
Hough's Defence. The policeman came, knocked at the door, and said, did I know Barratt—I said I did not—he looked at a young man in my place, and said, "Do you know him?"—he said, "Yes, he lives next door"—I had bought this bacon in London—he took me to Barratt's house—Penny stated that the other young man or me was with Barratt—he could not tell which—I wanted the policeman to go to the house where I bought the bacon.
Witness. He did not tell me the shop, nor say I should go with him.
BARRATT*— GUILTY . Aged 21.— Transported for Seven Years.
HOUGH— GUILTY . Aged 25.— Confined Six Months.
Before Mr. Sergeant Arabin.
ROBERT HILL (police-constable R 184.) On the 14th of December, I was at Greenwich, between seven and eight o'clock, and saw the prisoner with this leather under his jacket—he said he had bought it at Greenwich for 2s. 6d.
NOT GUILTY .
407. MARGARET BURNS and ANN PETERS were indicted for stealing, on the 27th of November, 4 gowns, value 7s.; 1 coat, value 2s.; 1 waistcoat, value 6d.; 1 pair of trowsers, value 1s.; 1 jacket, value 6d.; 3 aprons, value 6d.; 1 towel, value 4d.; 1 collar, value 1d.; 4 handkerchiefs, value 6d.; 2 shifts, value 3s.; 1 petticoat, value 6d.; 1 pair of boots, value 2s.; 1 shawl, value 1s.; 1 tippet, value 2s.; 1 umbrella, value 1s.; 1 ring, value 10d.; and 3 yards of cotton, value 2s.; the goods of William Neale; and that they had been before convicted of felony.
MARGARET BURNS pleaded GUILTY . Aged 23.— Transported for Seven Years.
ANN PETERS pleaded GUILTY . Aged 20.— Confined Six Months.
Before Mr. Common Sergeant.
GEORGE DAVIS . I am in the service of Mr. John Tighe, a pawnbroker, Broadway, Deptford. On the 17th of December the prisoner and a boy came and asked for a pair of boots, and while the boy was trying them on, I missed a pair—when they were gone, I sent for an officer—these are the boots.
(The prisoner received a good character.)
GUILTY . Aged 38.—Recommended to mercy.— Confined One Month.
JOHN SEDGER (police-constable R 130.) I took the prisoner on the 12th of December—I found this pork on him—be said two boys had given him a penny to bring it from the Five Bells to the Half-way House—I saw one of the other boys, whom I knew he went down with, but the boy got away—I had seen them go down the road together—they were gone about two hours and a half.
Prisoner's Defence. Two boys told me they would give me a penny to carry it to the Half-way House.
GUILTY . Aged 15.— Confined Six Days, and Whipped.
Before Mr. Recorder.
410. RICHARD CHAMBERS and JAMES RAGAN were indicted or stealing, on the 20th of November, 35lbs. weight of pig-iron, value 1s. 6d., the goods of William Graham and another, in a certain barge, on the navigable river Thames.
JAMES BENBOW . I am an iron-founder, and live at No. 32, Bankside, Southwark. On the morning of the 20th of November, I saw both the prisoners, and another, get into a barge, called The Chandler, lying off Chandler's Wharf, which is next to mine, and throw a quantity of pigs of iron off on to the shore—it was near low-water, the tide had left the barge—I watched them—they carried it twenty or thirty yards, and placed it under a punt—I finished dressing myself, and then went to Mr. Chandler, and he followed them with me—we caught the prisoners at the top of the bridge-steps—Ragan had a basket with the iron in it—they were in company all the time, and both had been in the barge—we took them to the station-house, went to the shore with an officer, and found one piece remaining there—the other one saw me watching them, and ran away—I knew them before.
Chambers. I was coming through the Borough market by Southwark bridge, and met Ragan coming along with the iron.
CHAMBERS. Aged 17.— GUILTY
RAGAN. Aged 14.— GUILTY of Larceny only.
Transported for Seven Years.
411. FREDERICK DAWSON BUNDOCK, alias Frederick Reed, alias Muffatt, alias Mason , was indicted for stealing, on the 18th of August, 2 coats, value 30s.; and 1 waistcoat, value 2s.; the goods of William Myers; and that he had been previously convicted of felony.
MR. CLARKSON conducted the Prosecution.
MARY KEMBLE . I am the wife of William Kemble. We keep a chandler's shop in Manor-place, Newington. I became acquainted with the prisoner at the latter end of July or the beginning of August—became to the shop and bought a cigar at first—he repeated his visits for two or three days—I have a daughter who is seventeen years old on the 3rd of this month—finding he made rather free with her, I asked him what he came so often for—he said he wanted my daughter—I asked who he was—he said he was in the Custom-house, and had an income of from 100l. to 200l. a-year—I asked where his parents lived—he said in Canterbury-place, near me—I said I should like to see his father—he brought his father, and he informed us that he was in the Custom-house, and had a situation of from 100l. to 200l. a-year, that he was in the Comptroller's office, and very soon would have a situation of 400l. a-year—I believe the person is his father, but he is living with Mrs. Bundock, the prisoner's mother, and he has a wife living—I have since found be never was in the Custom-house—(the day he took my child away he told me he was going to receive 80l. for his salary)—I thought him respectable, and allowed him to visit my daughter—on the 18th of August he was at the house—I and my husband were at home—(Myers does not lodge at our house, but keeps his clothes there in a box behind the counter)—the prisoner asked me if I would take a letter down to his father's that day, and I did—he also asked my husband to go to Mr. Wayland the watchmaker, stating that he wanted to see him—he went out, and I went with the letter, leaving the prisoner and my daughter there—I returned in about half-an-hour or three-quarters of an hour, after talking to his father—when I returned I found the prisoner and my daughter sitting in the parlour reading a book—the father came up, and in the evening they asked me if they might take a walk—I told them not to be long, as it was the first day of Camberwell fair, and I migbt be busy—the prisoner and my daughter went out together and did not return—I never saw any more of them for five days—I did not give the prisoner permission to take Myers's clothes out of the box—he knew the things were there, as he had seen Myers put the things on and wear them.
Cross-examined by MR. CHAMBERS. Q. Is Myers any relation of yours? A. No—I have known him from a child—he is an apprentice—I can't exactly say where he lives—his father lives on Newington-causeway the clothes belong to William Myers, not to John
Myers, his brother—they used to lend a coat to one another sometimes—John does not keep any thing at my house—I suppose William keeps them there, because he wishes to look smarter sometimes than common—he does not live at his father's—I think he lives in Charlotte-street, Blackfriars-road, but I am not positive—that is half an hour's walk from me—he did not pay me for keeping the things at my house—he has kept them there about six or eight months—I have one lodger, a married lady named Reed, who lives in the middle room—her husband does not live with her constantly—they married unknown to his uncle, and he is afraid of his uncle knowing of the marriage, and comes to see her occasionally—she is a very prudent woman, and has lodged with us for twelve months—I believe Mr. Reed to be a gentlemanly, respectable man—they have only one room—I did not know Mrs. Reed before she came to lodge with me—I have lost her through this, and I am very sorry—she used to speak to the Myers's when she came down stairs, and they have gone up and spoken to her out of friendship—they were not particularly intimate—we keep cigars—my daughter served in the shop—she went to Greenwich fair once with Mrs. Reed and two gentlemen, who came to the house is a one-horse chaise—they were strange gentlemen—they had been in the shop—they came first on the fancy fair day—we do a little business at that time—they came next day, and proposed to drive my daughter and Mrs. Reed to Greenwich—I let her go—I trusted her to the eare of Mrs. Reed—they went about four o'clock in the afternoon, and returned about half-past nine o'clock—I objected to my daughter going very much, but Mrs. Reed and they over-persuaded me—it was the first time she ever went out with any body—I redeemed the coat, I think, the Saturday, before my daughter and the prisoner were married, as William Myers made a piece of work about it, I was obliged to make away with my own spoons to do it—I did not get the money from any body to do it.
WILLIAM MYERS . I am an apprentice to Mr. Kenny, a tailor, in Blackfriars-road. In August last I had some clothes at Mrs. Kemble's—I did not authorize the prisoner to pawn them—I have seen them since at the pawnbroker's, and can identify them as mine.
Cross-examined. Q. Why were the clothes left at Mrs. Kemble's? A. Having too many clothes, my father would not allow me to have them if he knew it—they were left for me occasionally to dress—I bought the cloth, and made them myself—I have made my brother John a coat—that was kept at Mrs. Kemble's—I cannot say whether it was in the same box as mine—I went there with my brother sometimes—Mrs. Kemble had the care of the things—I used to be in the parlour when I went there, and she brought the clothes somewhere from the shop for roe to put on—my brother used to borrow a coat of me sometimes, and I have worn his sometimes—I have a frock coat—my brother has a bear-skin great coat there—I exchanged one frock coat and an old bear skin coat for this new one, because it was fashionable—it is a frock coat which the pawnbroker has—that was my brother's, but it is mine now—I lost a Newmarket coat also, which I bought second-hand of a tailor named Sullivan, I believe, whom, I worked with at Mr. Kenny's about a year and a half ago.
Q. Do you know the prisoner? A. I never exchanged many words with him—I have seen him at Mrs. Kemble's three times—he never found me up in Mrs. Reed's room—he might have seen me with Mrs. Reed—I do not know when—Mrs. Reed is rather a friend of mine—I do not put
on my smart things when I go to see her—she would as soon see me in my deshabille as in other things—I never slept at Mrs. Kemble's—I sleep at my master's, in Black friars-road sometimes—I cannot say always—perhaps I may be inebriated, and go to places I should not—I never found myself at Mrs. Kemble's in the morning, nor up in Mrs. Reed's room—I swear that—I never went to Greenwich with Mrs. Reed.
EDMOND NORTH . I am shopman to Reynolds and Co., pawnbrokers, Stones-end, Borough. I produce a coat and waistcoat, which were pawned at our shop, on the evening of the 18th of August, with another coat, by the prisoner, in the name of "John Kelly, Canterbury-terrace," for 1l. 12s.—I asked him whether they were his own property—he said they were—two coats were originally pawned, Mrs. Kemble has since redeemed one—she left the other, and the waistcoat, for 12s. 6d., and being afraid the prisoner would take them out by an affidavit, she had them put in the name of "Ann Hornsby," which was her maiden name—I took in the pledge myself, originally—I had seen the prisoner before pawning other things.
Cross-examined. Q. Where is your daughter now? A. At home—I never had any quarrel with the prisoner, nor has my wife, to my knowledge—I caused him to be taken into custody, after he was married to my daughter, when I found out what sort of a character he was—I did not receive any money to redeem these things.
Cross-examined by MR. CLARKSON. Q. Did your wife pawn your own spoons, to get the money? A. I believe she did—the prisoner has been the ruin of me.
(Property produced and sworn to.)
JOHN DAVIES WHITE (police-constable G 46.) I produce a certificate from Mr. Clark's office, of the prisoner's conviction here, on the 25th of January, this year—I was present at the trial as a witness, and I took him into custody—it was for stealing a coat from Mr. Jenkinson, of Charles-street, Hatton-garden—he was imprisoned for six months—(read.)
GUILTY . Aged 26.— Transported for Life.
(Edward King, police-constable S 10., afterwards stated that the prisoner had been also convicted of felony, in February, 1835, and sentencedto be transported, which was commuted to three years' imprisonment in the Penitentiary.)
(There were two other indictments against the prisoner.)
Before Mr. Sergeant Arabin.
HANNAH WHEATLEY . I am the servant of John Avis, who keeps the Bells tavern, at Putney—the prisoner hired a bed, on the 6th of December—he got up at seven o'clock in the morning, and left the house—I went into the room, and missed two sheets, a towel, and glass tumbler—I sent a man after him.
with him—I found the articles concealed about his person when he was stripped.
(Property produced and sworn to.)
GUILTY . Aged 55. †— Transported for Seven Years.
GUILTY . Aged 18.— Confined Six Months.
JOHN LEACH . I live at Lambeth, and am a carman. The prisoner had been in my service about a month—it was his duty to take out goods and building materials—he was to receive money on my account, which he should pay to me the same day that he received it—on the 25th of May he absconded and left my horse and cart to wander about—it cost me a deal of time to find it—he never accounted for 3l. 15s. received from James Higgins.
Prisoner. When my master sent me I was in a state of intoxication—whether I received it I cannot say—if I did, I lost it somehow; and lost the horse and cart too.
GUILTY . Aged 27.— Confined Six Months.
RICHARD BROWN . I am a warehouseman. On the 30th of November, about half-past six o'clock, I was returning from work in the High-street, Borough, and observed the prisoner and two others—I watched them, they were following Mr. Swayne—I saw the prisoner make an attempt at his pocket, as he was looking at a bookseller's shop, he turned before he had time to take it—they followed on to the corner of the Cups Inn, and there the prisoner succeeded in taking the handkerchief out of his pocket—Mr. Swayne turned round—the prisoner threw the handkerchief down in the road—I took it up and followed him till he was stopped.
Cross-examined by MR. PHILLIPS. Q. What kind of night was it? A. Rather dusky, not foggy—rather dark—I had never seen the prisoner before—I have never been here before as a witness—there is a theatre about half a mile from that place—the prisoner was going in that direction.
GUILTY . Aged 17— Confined Three Months.
416. JOHN CUMMINGS, JOHN WILLSON , and ALEXANDER SMITH , were indicted for stealing, on the 10th of December, 70lbs. weight of lead, value 4s.; 20 feet of leaden pipe, value 7s.; and 1 metal cock, value, 3s.; the goods of Ann Gibbons, being fixed to a certain building: and MARY WINTER , for feloniously receiving the same, well knowing them to be stolen; against the Statute, &c.
MR. PAYNE conducted the Prosecution.
WILLIAM JOHN BEARD . I reside in Crayford-place, Southwark Bridge-road. I lived nt No. 1, Bedford-place, for three years—that house belonged to Mrs. Ann Gibbons—it was not occupied on the 10th of December—it was undergoing repair, the key was left by her for the workmen—about half-past nine o'clock that night, I received information, and went to the house—a quantity of pipe was cut off and gone—the water was flowing all over the place, the sink was pulled down, and the lining stripped from it—the pipe was taken down which ran across the kitchen to supply that link—I have seen the lead which is here, and know it—here is some of my own work upon it—I am a plumber—here is the waste pipe which ran through a cupboard into the sewer—the value of the whole is about 24s. or 25s.
RICHARD MAGINNIS . I live in Fishmongers'-alley, with my father, James Maginnis. A little before eight o'clock, on the night of the 10th of December, I was going down Redcross-street, and saw Willson and Cummings come past with a leaden sink—Smith went round the back-way, with some leaden pipe over his shoulders, that leads to the back of the prisoner Winter's house in George-yard—I saw Winter going down Redcross-street—she touched Cummings on the side, and said, "My dear, make haste, and take it up stairs"—they went straight down towards Winter's house, and she went behind them—I ran and told the policeman, because my uncle had lost some lead, and I thought this was his—the policemen went with me to Winter's house—I am quite confident these are the persons.
Q. Did you go into the house with the policeman? A. Yes, and saw Cummings and Willson by the fire—Smith was by the lead—Winter was walking backwards and forwards in the house.
HENRY HART (police-constable M 80.) On the night of the 10th of December, Maginnis came to me—I went with him to Winter's house in George-yard, with two other constables—I found Cummings and Wilson in the front room—I went into the wash-house, and saw Smith and Winter in the act of removing the lead, as if they wished to conceal it—they were putting it towards a back corner, where there were some ashes—I had been in the house half an hour before that, to search for some lead that we had information of—these men were not there then, only the prisoner Winter and her daughter—I got this lead and pipe from the back wash-house—I found a key and a box of lucifer-matches on Smith.
Willson. Q. When you came, was there not a cry made to secure a man in a fustian coat? A. I heard no such cry—I was not the first that entered—there was a man in a fustian-coat, who, I believe, was Winter's son, but I heard nothing about securing him.
HENRY ASSITER (police-constable M 30.) I went with Hart to Winter's house—I went to the back door, and in the wash-house I found Cummings, Smith, and Winter—Cummings and Smith were removing the lead—Cummings went into the front room—I found a plumber's knife and a chisel on the board where the lead had laid—and this pipe was by the side of the sink in the corner.
Willson. Q. Did you hear a cry, "Secure the man that is in the fustian coat?"A. No—I heard, "Keep all in that is in," that was all.
Cummings's Defence. Willson and I were together the whole day till a quarter to seven o'clock, and he asked me to go with him to Redcross-street
to ask about a book—we found nobody at home but Winter's daughter—she asked us to stop with her, as the policeman had been to take her mother to the watch-house—we waited half an hour—Smith then brought in some lead on his shoulder, and then some other lead on his arms—the old lady then came and said, "Who brought this lead here?"—we said, "Smith"—she said, "It must go out," and her son was taking it out when the officers came.
Winters Defence. The lead was planted in the back place while I was away—when I went out there was no soul in the place but my daughter, who was in a fit—the officers would not let me stay to get her out of the fit, and I laid her down.
CUMMINGS— GUILTY . Aged 21.
WILLSON— GUILTY . Aged 20.
SMITH— GUILTY . Aged 15.
WINTER— GUILTY . Aged 62.
Confined Six Months.
Before Mr. Common Sergeant.
WILLIAM CLAYTON . I keep a chandler's shop in North-place, Putney. About six o'clock, on the 3rd of December, I heard a raiding of the scales—when I came to look the till was open, and I missed two loaves from the window—I saw a boy go out with them—they are mine—I had seen the till safe half an hour before—I took the candle, and ran after the boy with the loaves—I overtook him, and found he had dropped the bread—it was taken up and brought in by his mother, who was close by—I went, found the prisoner, and secured him.
Prisoner. I took the loaves because I was hungry—I did not touch the till. Witness. I have seen him in my shop before—he lives close by and if the door is not locked he comes in, which he did then.
GUILTY .* Aged 14.— Transported for Seven Years.
(The prisoner had been ten times in custody.)
418. WILLIAM JOHNSON was indicted for stealing, on the 17th of December, 3 sovereigns, 2 half-crowns, and 15 shillings the monies of Christopher Sollitt Chessman, his master;—also, on the 18th of December, 2 half-crowns and 3 shillings, the monies of the said Christopher Sollitt Chessman, his master: to both of which he pleaded
GUILTY . Aged 12. Recommended to mercy by the Prosecutor.— Confined Five Days, and Whipped.
Before Mr. Baron Parke.
419. JEREMIAH DONOVAN was indicted for burglariously breaking and entering the dwelling-house of Charlotte Dance, at St. George the Martyr, Southwark, about the hour of 11 in the night of the 12th of December, with intent to steal, and stealing therein, 2 blankets, value 10s.; 1 counterpane, value 3s.; 1 bed cover, value 1s.; 1 basket, value 1s.; and 17 oranges, value 9d., her goods.
CHARLOTTE DANCE . I live at No. 7, Princes-court, Princes-street, London-road, in the parish of St. George's, Southwark. I occupy the whole house—there arc only two rooms—the prisoner lives opposite me.
On Wednesday, the 12th of December, a little after ten o'clock at night, I went out—I locked the door and took the key with me—the doors and windows were quite safe—I returned at twelve o'clock or a little after—I found my street-door open—I returned to my stall and told my daughter—she returned with me—I missed two blankets, a counterpane, a piece of bed-furniture, seventeen oranges, and a basket—when I went out the blankets were on the bed—I cannot tell how anybody had got in—I called the policeman, went up and discovered marks of a person having eased themselves on the floor.
JAMES CUDDY . I am a policeman. On the night of the 12th of December, I was on duty about one hundred yards from the prosecutrix's house, and met the prisoner in St. George's-road, with a basket on his head, with bed-clothes shoved into it, and part of them hanging out over his shoulders—I stopped him and questioned him—he said he was removing from a court in Wellington-street to the New Cut—he was not in the right way for that—I said the New Cut was in the way to the station-house, and I took him there—as we went along he said, I had no occasion to take him to the station-house, he was going to his sister's, who lived in the New Cut—I took him to the station-house, and found in the basket the blankets, merinos, oranges, and other things—he then said the things were given to him by a man in St. George's-road to carry—I found a key on him, which he told the Magistrate was the key of his mother's door—I examined it with the prosecutrix's door, and found that it both locked and unlocked it quite freely, but it would not act with the lock of his mother's door.
Prisoner. What questions did you put to me? Witness. What you had got there—you said you were moving—it was about twenty minutes after eleven o'clock.
CHARLOTTE DANCE re-examined. These articles are all mine—here is the shopkeeper's private mark on the blanket—it is a piece of paper—this merino is mine and this counterpane, which has the name of St. George on it—it was given to me and I mended it here—this is my fruit basket, and and has E T on it—it was lent me by a shopkeeper.
Prisoner's Defence. I was standing outside a public-house door—a man with a velveteen shooting jacket came up and said, "Carry this for me, and I will give you a pot of beer to carry them to the Olive Branch in the New Cut"—he told me which way to go—as to the key, my mother gave it me on the Wednesday, while she went to the hospital with my sister, who was very poorly.
—DONOVAN. I am the prisoner's mother, and live in Princes-court—this is my key, it opens my door.
—DONOVAN re-examined. It was my own house I was coming out of.
GUILTY .* Aged 20.— Transported for Ten Years.
ADJOURNED TO MONDAY, DECEMBER 31st, 1838.