CENTRAL CRIMINAL COURT.
SAMUEL WILSON, MAYOR.
THIRD SESSION, HELD DECEMBER 31, 1838.
MINUTES OF EVIDENCE,
Taken in Short-hand
BY HENRY BUCKLER.
GEORGE HEBERT, CHEAPSIDE.
>WILLIAM TYLER, PRINTER, BOLT-COURT, FLEET-STREET.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Held on Monday, December 31, 1838, and following Days.
Before the Right Honourable SAMUEL WILSON, LORD MAYOR of the City of London; Sir John Bernard Bosanquet, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir John Patteson, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir John Gurney, Knt., one of the Barons of Her Majesty's Court of Exchequer: George Scholey, Esq.; Sir John Key, Bart.; Thomas Kelly, Esq.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City; John Lainson, Esq.; William Magnay, Esq.; and Michael Gibbs, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and William St. Julien Arabin, Sergeant at Law; Her Majesty's Justices of Oyer and Tenniner, 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. THIRD 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 31st, 1838.
First Jury, before Mr. Recorder.
NOT GUILTY .
OLD COURT.—Tuesday, January 1st, 1839.
Second Jury, before Mr. Sergeant Arabin.
GEORGE CASTLE . I live with Mr. Painter, in Broad way, Westminster. I was standing at his door at three o'clock on the afternoon of the 10th of December, at the horse's head, minding the gig—I saw the prisoner snatch my master's cloak out at the side of the gig, roll it up, and give it to another boy—they both ran off—I gave an alarm, the boy dropped it, and it was picked up—the prisoner was taken the same evening—I am quite certain he is the boy.
WILLIAM GREEN . I live with Mr. Booth, of Princes-street I was standing by Mr. Painter's gig, and saw the prisoner take the cloak, and give it to another boy—they both ran off—a woman picked the cloak up at the corner of the street—I had not seen it dropped—about a quarter to seven o'clock the same evening, I was going on an errand, and saw the prisoner walking down Princes-street, with another boy—I followed him to Tothill-street, and gave him in charge.
RICHARD COLLER . I am a policeman. I have a certificate of the prisoner's former conviction, which I got from the office of the Clerk of the Peace, at Westminster—(read)—I was in Court when the prisoner was tried, and am quite sure he is the person.
GUILTY . Aged 18.— Transported for Seven Years.
THOMAS SPEAKE . I am servant to John Wells, a butcher. On the 24th of December, about a quarter before eleven o'clock at night, while serving a customer, I saw the prisoner looking me full in the face-a policeman afterwards brought him in with the beef, and asked if I had missed any thing—I claimed the beef directly—it weighed 3 1/2 lbs.—I had cut it off not a quarter of an hour before—I never saw the prisoner before.
JOHN HALLAM . I am an officer. I saw the prisoner standing about the shop, about a quarter to eleven o'clock, with two more—I told him to go home—in about a quarter of an hour I saw them run away—I cannot say which took it—I took the prisoner with the beef in a basket—I asked what he was doing with it—he said he was going to take it to a customer for his master, who lived in Newport-market—I took him back to the shop—he said at the station-house, that two boys chucked it into his basket, and ran away.
GUILTY . Aged 12.— Judgment Respited.
423. THOMAS LUCAS was indicted for stealing, on the 20th of December, 1 jacket, value 2s.; 1 handkerchief, value 2s.; 1 flannel shirt, value 1s.; 2 pairs of stockings, value 1s.; and 2 shirts, Value 2s.; the goods of John Corry: 1 razor, value 6d.; 1 shirt, value 1s.; 1 pair of trowsers, value 1s.; and 1 pair of stockings, value 2s.; the foods of James Wagstaff: 1 waistcoat, value 12s.; 1 tea-caddy, value 6d.; 1/4 lb. weight of tea, value 1s. 6d.; and 3/4 lb. weight of cheese, value 4d.; the goods of Ralph Loundes, in a certain boat on the Navigable Grand Junction Canal.
JOHN CORRY . I am a boatman, belonging to The Jane, lying in the Grand Junction Canal, at Paddington. I, Wagstaff, and Taylor, kept our things in the cabin-cupboard—I saw mine safe last Thursday week—I went to a beer-shop about six o'clock that evening, with Wagstaff—the prisoner came in, and sat by my side—I knew him before—he is a boatman out of employ—he had a silk handkerchief in his breast, which I knew to be mine—I did not then know the boat was robbed, but Wagstaff went out, came back, and gave me information—I then pulled the handkerchief out of the prisoner's breast, and asked what he had there—he said, "Nothing "—I said it was mine, and if he would tell me where the other property was, I would let him at liberty—he said he would not tell me, but he would shot me where they were—he took me and my captain, Ralph Loundes, to a beer-shop in Praed-street, and asked the landlord for a bundle, which he gave him—it contained a shirt of Wagstaff's, and a pair of stockings of mine—I asked where the other property was, and he sent me with a police-man to another beer-shop—we found another bundle there containing this jacket of mine, a razor of Wagstaff's, and two shirts of Taylor's—I have lost two shirts, one flannel shirt, and a silk handkerchief entirely.
(Property produced and sworn to.)
DAVID TURNER (police-constable T 165.)I was called into the beer-shop in Praed-street, and found the prisoner there—the landlord said the prisoner had left this bundle—the prisoner did not deny it—it contains shirts, stockings, and the tea-caddy.
the cabin-cupboard—this bundle contains some of it—I have got all mine back.
GUILTY . Aged 23.— Confined Six Months.
MR. BALLANTINE conducted the Prosecution.
CHARLES SLATER . I am a constable at the London Docks. On the 21st of December I was on duty at the tobacco-gate, and saw the prisoner coining out with a basket on his shoulder—I asked what he had—he said, "A bottle or two"—I found in it this 68lbs. of tin concealed amongst some straw—he said he had got it from between the warehouses, and he would give me half a crown if I would hush it up—it is marked "A.W. and Co.," with a G at the top and No. 550.
Cross-examined by MR. PAYNE. Q. I suppose all persons are allowed to go into the dock? A. Yes, except they are bad characters—the prisoner is a dealer in bottles—he was sober—he was carrying the tin in a basket made for the purpose of carrying empty bottles—I swear this is the same tin that was taken from the basket—it has been under lock and key ever since.
COURT. Q. Whether drunk or sober, was he able to carry that? A. I do not think he could have carried it if he was drunk—there were no bottles in the basket.
THOMAS SEAL . I am quay foreman at No. 4 warehouse in the London Docks. There are nearly 3000 pigs of tin there similar to this, but with different numbers—after the prisoner was stopped I searched over the pigs, and found No. 550 deficient—this is the stab I missed—I have a tally which was found about two yards from the stack near the door going up to the warehouse—I had tied it to this slab myself—this is the property of the London Dock Company.
Cross-examined. Q. Have you had the care of this ever since? A. The officer has—there is no person employed to watch the stack—I generally look over them in the morning when I go—we only missed this one—I had seen it safe at half-past nine o'clock that morning—I am sure it is the same that was taken from the prisoner.
(The prisoner received a good character.)
GUILTY . Aged 23.— Confined Three Months.
THOMAS AGGISS . I am in the employ of William Terry, a grocer. About eight o'clock on the evening of the 22nd of December I was out with a track, containing a number of parcels of grocery, amongst which was one of 141bs. weight of coffee, which was to go to Margaret-street, Wilmingtonsquare—I left my truck in Kingsland-road, to get some refreshment, having been very busily employed since five o'clock in the morning, and asked Bartlett to give an eye to it—I returned in three minutes, and found the coffee gone—it was afterwards found in the tail of a wagon about three yards from the truck—this is the parcel-(looking at it)—it is my master's property—I was directed where to find it by a young man who assisted in taking the prisoner.
PRISCILLA SARAH BARTLETT . I keep a stall in Kingsland-road. Aggiss asked me to give an eye to his truck while he went in to get something—I did so, and saw the prisoner lean over the front of the truck and take the parcel out—I said, "Holloa, young fellow," and ran after him—he had not got above four yards with the parcel—there was a wagon dose by, and whether he put it there I cannot say, but he parted with it when I called out, and it was afterwards found in the tail of the wagon—I caught him, and hustled with him for about ten minutes—I have got black and blue legs where he kicked me, trying to get away, and he tried to wrench my thumb round—he said if I would let him go he would walk quietly to the station-house—I said I would not till some one came up to my assistance—there were two more boys with him about his own age, and a woman—I gave him into Aggiss's hands—I dare say he ran nearly two hundred yards before I got up to him—he first told the carter he had not seen the parcel, then that he had not stolen it, then that he had seen a boy throw it into the alms-house—and then he said he would really tell the truth, that it was in the wagon, where it was found.
RICHARD ANDREWS (police-constable N 58.) The prisoner was given into my custody—I asked him what made him steal the coffee—he said he did not steal it, another boy stole it, and threw it into the alms-house—about five minutes after I asked him again what made him steal the coffee—he said another stole it and threw it into the wagon, where it was found.
Prisoner's Defence, I saw a boy take it, and throw it into the wagon.
GUILTY .* Aged 17.— Transported for Seven Years.
GUILTY . Aged 18.—Recommended to mercy.— Confined Six Months.
(The prisoner received a good character.)
PARTHENIA NATHAN . I am the wife of David Nathan, and live in Little Chapel-street, Westminster. We have coals from Messrs. Pope—on the 25th of October a ton was brought by the carter, and the prisoner assisted in delivering them—they amounted to 1l. 11s.—my husband offered to pay it—the carter replied, "The clerk will call to-morrow for the money," and went away—next day the prisoner came with a very respectable looking young man who said he was the clerk—the prisoner said they were both sent from the office to receive the money for the coals—I understood him to mean Mr. Pope's office—as I knew him I thought it was correct, and paid him a sovereign and 11s.—the other one produced this receipt, and signed it—the prisoner said he could not write—I put the money down on the counter—the prisoner snatched the silver up, and held it tight in his hand—the other one took it from him, and put it into his pocket, and also took the sovereign from the counter—they then both went out of the shop together—I gave the money, believing they were sent by Messrs. Pope, and that what they stated was true—the other one has not been found.
(Receipt read:)—" 26th October, 1838. Samuel Pope, brothers, & Co.
Edward Jackson to receive 1l. 11s. for one ton of coals.—EDWARD JACKSON."
ROBERT ROBERTSON . I was carman to Messrs. Pope at the time in question. I had a few words with the under clerks concerning this business, and left on my own account—I thought they suspected I had received this money—my master told me I might go on again if I liked, but I would not—I have been at work for the firm since at different times—I took, these coals—the prisoner went with me to assist—he is not in Messrs. Pope's employ, but is in the habit of going with us for 1d. or 2d. or any trifle he can get—Mr. Nathan offered to pay for the coals—I had no bill, and could not take it, and said the clerk would call—if the prisoner went for the money it was unknown to me—he heard Mr. Nathan offer to pay me for the coals, and knew the amount.
GEORGE ATKINS . I am clerk in the house of Richard Pope and another, There were three partners at the time in question, but one is since dead—Mr. Richard Pope was then the second partner, he is now the principal—Mr. Nathan owed 1l. 11s. for coals—I did not send, the prisoner for the money—he is no clerk in the house—I never saw him till he was at Queen-square—I know nothing about the other young man.
GUILTY . Aged 17.— Confined Six Months.
428. WILLIAM COLEMAN was indicted for stealing, on the 23rd of December, 5lbs. weight of mutton, value 2s., 6d.; 4 3/4 lbs. weight of pork, value 2s. 4d.; 21/2lbs. weight of beef, value 1s., 3d.; and 3/4lb. weight of suet, value 6d.; the goods of Frances Somers.
MR. DOANE conducted the Prosecution.
SAMUEL ABORN SOMERS . My mother, Frances Somers, if a widow, and carries on the business of a butcher in Somers Town. The prisoner was in our service about four months this time, but prior to that he was lour yean or more in our service—in consequence of suspicions I gave instructions to Williams the policeman on the 23rd of December to watch, and seeing the prisoner leave the house I made a signal to the policeman—I saw some mutton produced which I knew to be my mother's—I missed it from the shop—I afterwards went to the prisoner's lodging and saw other meat and suet.
Cross-examined by MR. PATNE. Q. Was the prisoner discharged previously for dishonesty? A. No.
FREDERICK WILLIAMS (police-constable S 144.) On the 23rd of December, in consequence of a signal made by Mr. Somers, I stopped the prisoner and said, "Holloa! butcher, what have you here?"—he handed me a bundle which he had, and said, "Nothing but dirty linen"—I felt, and it was so—I then said, "What have you in your hat?"—he took it off, and there was some more dirty linen there—I looked at him and said, "You have a very accommodating apron on, what have you here?"—I attempted to put my arm under it—he resisted, and said, "For God's sake don't, let me go, I have a wife and family"—I took him to the station-house, and there found part of a shoulder of mutton in the flap of his trowsers down by his thigh—I afterwards went to Ashby-street, where he said he lived, and found the pork and other things.
Cross-examined. Q. Then that could not have been taken at the same time as the mutton? A. Certainly not—there were 5lbs. of mutton.
GUILTY . Aged 25.—Recommended to mercy.— Confined Three Months.
Before Mr. Recorder.
JAMES BALDWIN . I am a paper-stainer and hanger, and live in High-street, White chapel. On the 14th of December I was in my shop, about six o'clock in the evening, and saw a person leaving the shop with this bundle of paper under his arm—I followed him across the street—he dropped it—I picked it up, and returned, not seeing an officer—I cannot identify the prisoner.
MORRIS MOLLOY . (police-constable A 62.) I was on duty near the prosecutor's shop, on the 14th of December, and observed the prisoner running on the opposite side of High-street, and saw him drop some rolls of paper—I pursued him closely up High-street and Goulston-street—he then tripped against the curb-stone and fell, and I took him—I said, "You thought to get away from me, didn't you?"—he said, "Don't tear my shirt, and I will come along with you."
Cross-examined by MR. DOANE. Q. In what street did he throw the parcel away? A. In High-street—I never lost sight of him—he turned the corner, but there is a shop-door at the corner, which made it rather round—there was plenty of light—I was not above two yards from him when he turned the corner—I am certain of him.
(The prisoner received a good character.)
GUILTY . Aged 28.— Confined Three Months.
CHARLES HAWKES (police-constable D 106.) On the 20th of December, between two and three o'clock, I was in Wigmore-street, and saw the prisoner in company with a man, loitering about—I went on my beat, and about an hour afterwards I saw the prisoner coming down Devonshire-mews East, and it not being a thoroughfare, I stopped and looked at her—I saw she had something under her shawl, and asked what she had there—she said she had got nothing—I pulled her shawl aside, and found she had got these two pots under it—she said she did it from want.
JAMES HOBBS . I keep the Weymouth Arms, in Weymouth-street, Marylebone. These two pots are mine, and are worth 2s. 6d.—the prisoner had no business with them—I have lost ten dozen in eight months, and have been here three times.
(The prisoner begged for mercy, and received a good character.)
GUILTY . Aged 21.— Confined One Month.
the shop, and left, at eleven o'clock at night—the prisoners lodge in the house—when I went to open it next morning, about nine o'clock, I thought the hinge of the cellar-gate had been removed, and found the beer had been turned on—the cellar-flap in the back-yard had been put down, but was unfastened—next night I shut up the place at eleven o'clock, and made a noise, as if I was going away—I then returned to the shop to watch—I sat down there in the dark, and about twelve o'clock, the two female prisoners came down with a light—they said the hinge had been removed, and one said they would have a drop for the next day—they then went up again, and the male prisoner came down and boltta the street-door—his wife then came down, and they went into the yard—I heard him say to her, "You go down"—she said she would not go down, and by the sound of his voice directly after, I found he was in the cellar—he called "Ann," twice—the two females came down into the yard, and the male prisoner was in the cellar, with the flap open, and I heard beer running into the pot—I fetched in a police-man, and found about three pints of beer in a can, down in the cellar—the prisoners were then all up in the yard, where the flap opens—all the beer in the cellar belongs to my husband—the pot belongs to Mr. Mason of the Royal Standard—neither that nor the can were in the cellar when I left-Gaines was standing in the yard with a light—the male prisoner is blind.
William Carroll. I came down stairs to go to the water-closet, and the flap being open, I stepped right down the cellar—I called twice to my wife to come down. Witness. He could not step from the water-closet into the cellar—the street-door was fastened by a spring-lock—I am certain I heard his voice in the cellar.
WILLIAM CROFT . I am a porter, and live at Southerby Cottage, Hampstead-heath. Mrs. Clark got me to sit up in her beer-shop to watch, and in about half-an-hour one of the female prisoners came down, looked about the yard, and went up again—I afterwards went into the yard, and saw the male prisoner in the cellar—the Women were at the water-closet door, looking at him, with a light in their hands—I said to the man, "Holloa, Gentleman, what brought you here? we have caught you now"—he said, "Yes, you have indeed, master"—I said, "What do you do here?"—he said, "I was just going to have a little drop, at Mrs. Clark is going to leave"—a policeman came, went into the cellar, brought up a can and pint pot—the pot was about three parts full, and there was nearly a quart in the can.
Gaines. I know nothing about his being in the cellar. Witness. Both the women were at the water-closet door, looking at him.
JOHN WALDRON GRIFFITH (police-constable H 21.) I was fetched by Mrs. Clark, near twelve o'clock, and found the prisoners in the yard—the male prisoner was standing over the cellar flap, and the women at the privydoor, one having a light in her hand—I asked them what induced them to go into the cellar—the male prisoner said "As they were leaving the house, I thought I would have a drop of beer, and thought It no harm to take it." Ann Carroll's Defence. She left the house in the landlord's debt, and did not tell us she was going.
Gaines's Defence. I had been home about half-an-hour—I never saw the beer—I was in the water-closet—the man said he was going into the cellar—I said it was open—I was afterwards going to bed—this woman bad a light—I never went to the cellar.
MRS. CLARK re-examined. There ought to have been more beer in the cask than I found—I was to have left on the 19th of December, but the man who took the shop of us did not pay us.
WILLIAM CARROLL— GUILTY . Aged 36.— Confined Seven Days.
NOT GUILTY .
JOHN PATE . I am shopman to Thomas Hewitt, a cheesemonger and poulterer, in the Edgware-road. On Saturday, the 22nd of December, a person next door gave an alarm, and I ran out after the prisoner, who was in company with another—when they saw me they ran away in different directions—the prisoner ran across Edgware-road into the New-road—the policeman followed him—I came up with him and collared him—he said, "What do you run after me for, I know nothing about the fowl"—I had not mentioned a fowl—he had run about 120 yards—as I took him back I met a lad with the fowl in his hand, on the pavement in the way the prisoner had run—the lad returned with us to the shop—the prisoner said he hoped Mr. Hewitt would look over it and forgive him—this is the fowl we lost—(looking at it.)
Cross-examined by MR. PHILLIPS. Q. Was he sober? A. He appeared so to me—it was about a quarter before twelve o'clock at night—I only saw one other person, and directly he saw me he ran in an opposite direction to the prisoner—the fowl was on a projecting shop-board.
JDLIA YEO . I live in Edgware-road. I saw the prisoner with another about a quarter before twelve o'clock, coming down the road—I saw the prisoner take the fowl from Hewitt's door, put it under his coat, and go away—I told the shopman next door—he went after him calling "Stop thief"—when the prisoner was brought back I recognised him as the same man.
Cross-examined. Q. Did you observe whether he was sober? A. No, he ran very fast.
SAMUEL MOYES (police-constable D 45.) I pursued the prisoner in consequence of the alarm. On coming up to him he said he knew nothing about the fowl, and asked why we ran after him—a fowl had not been mentioned to him—when he was brought to the shop he said he hoped Mr. Hewitt would look over it and forgive him—he appeared quite sober.
(The prisoner received a good character.)
GUILTY . Aged 22.— Confined One Month.
433. HENRIETTA METCALF was indicted for stealing, on the 18th of December, 1 cloak, value 10s.; 1 gown, value 8s.; 1 counterpane, value 12s.; 1 petticoat, value 2s.; 1 night-gown, value 1s.; 1 apron, value 1s.; and 1 handkerchief, value 2s. 6d.; the goods of Hannah Stevens.
HANNAH STEVENS . I am a widow, and live in Brill-row, Somers Town. The prisoner came to lodge with me last Sunday week—her mother brought her to me—she had lodged with me once before—I went out to work on the Tuesday following, leaving her in the room—I returned it half-past ten o'clock at night, and missed a counterpane from under my bed, and a petticoat also, and afterwards a night-gown and the other articles—I have got all my things but two—the cloak was taken from a trunk
which was not locked—I found my drawers unlocked, where my gown, handkerchief, and apron had been—I found a fork on the drawers which is bent—I had left the drawers locked, and had the key with me—the prisoner was gone—I afterwards found her in the Borough—the policeman said to her, "Here is the person you robbed"—she said, "No, that is not the person"—I went up, and she said she did not know me at first.
Prisoner. I did not deny knowing you. Witness. You did.
JOHN ARMSTRONG (police-constable S 154.) I went with the prosecutrix, and found the prisoner at a cook's-shop in Mint-street—I told her a person at the end of the street wanted her, and as we went along I asked what she had done with the duplicates of the property she had taken—the said she had lost them—I brought her to the station-house, she stated there she had pawned some of the articles, and we found them by her directions, except a petticoat, which she said was at Baylis's, in Great Suffolk-street, and we cannot find that.
ARTHUR JOHN NORTH . I am shopman to Mr. Blackman, a pawnbroker in Skinner-street, Somers Town—I produce a cloak and gown, pawned by the prisoner, on the 19th of December, in the name of Ann Holiday, for 7s.
WILLIAM SHIRLEY NEWTON . I am shopman to Mr. Walters. I have a counterpane and flannel night-gown, pawned in the name of "Jane King, No. 3, Dean-street, by Henrietta Metcalf, Hosier-lane"—I cannot say the prisoner is the person.
(Property produced and sworn to.)
(The prisoner pleaded poverty.)
GUILTY , Aged 36.—Recommended to mercy.— Confined Three Months.
WILLIAM BROCK . I am in the service of Jacob Russell, a pawnbroker, in High-street, Shoreditch. On the 26th of December I was on the step of the shop, between four and five o'clock in the afternoon, and saw the prisoner going by the door, with two decanters concealed under his coat, one under each arm—I stopped him, brought him into the shop, and took them away from him—he said he was going to ask the price of them, but he was going past the door, away with them—they were marked "12s. 6d.," plainly—I gave him into custody—I had seen them only a few minutes before quite safe.
(Property produced and sworn to.) Prisoner's Defence. I was going to cheapen them.
GUILTY . Aged 22.— Confined Three Months.
SIMON PEARCE. I am in the employ of Charles Hibble and William Green; the prisoner was their carman. On the 22nd of December I was at Hungerford-wharf—the prisoner came there with my employer's van—I delivered to him forty-eight sacks of potatoes—he was to take twenty-four to Mr. Morritt, of Lombard-street, and twenty-four to James-street, Drury-lane-about twelve o'clock the same night I was sent for to his loding,
in Duke's-court, and there saw my employer and the prisoner, with one sack, and a quantity of potatoes—the prisoner said the potatoes in the sack were given to him the night before by the foreman at the shop, and he took them home in that sack—they were not the same sort as I had delivered to him, they were better, and were worth about 6s. 6d. a sack—the others would be 6s.—the sack is my master's.
Cross-examined by MR. PHILLIPS. Q. Did you not, on this occasion employ another man to deliver the potatoes to the prisoner, and give him 1s., for doing it? A. Yes, I did—I did not do it myself, but I was there all the time, giving the goods up, and I carried some myself—I gave the other man 1*. to help me—he is not here—I do not know his name—he came with the prisoner—I never employed him before—it was my own 1s. I gave—I paid it because I did not want to keep the van there, being Saturday evening—it was a little after four o'clock—there was no delivery note sent with the potatoes.
THOMAS BOSHER . I am shopman to the prosecutors, who have a ware-house in Drury-lane. On Saturday, the 22nd of December, about half-past six o'clock, the prisoner brought only twenty-one sacks of potatoes—I counted them—I know this sack to be ours.
Cross-examined. Q. When potatoes are shot out on the wharf, is it customary, if there are a few over, to let the men have them? A. I know nothing of that—this is a very old sack—the prisoner has been longer in the employ than me—I have been there twelve months.
JOHN BRADDICK (police-constable F 113.) I was applied to to take the prisoner into custody, in Duke's-court, Bow-street, on Saturday night, after twelve o'clock—I searched his room, and found under his bed a sack containing about thirty pounds weight of potatoes, and ten pounds of another sort, in a basket—he said at the station-house that he was aware there was one sack missing—that the potatoes in the sack under his bed, were given to him by the foreman, and the ten pounds in the basket he picked up at Hungerford market.
NOT GUILTY .
DAVID COOPER . I am a sergeant of the police, at Uxbridge. On the 24th of December I was standing near the station-house, at Uxbridge, at one o'clock in the night, and heard a noise, as if somebody jumped from some height—I looked round, and saw the prisoner coming from a beershop, kept by the prosecutor, who is also a marine-store dealer—he had something very bulky on his back—I went over and collared him, and he dropped a sack off his shoulder—I secured him, and the bag—I then went to the prosecutor's, and found an entry had been made in at a window where he generally keeps his rags—I looked at a heap of road-dirt, under the window, and there was the impression of a shoe nailed in a very peculiar manner—I examined the prisoner's shoes at the station-house, and they exactly corresponded with the marks—the brick-work was scratched, as if a person had got up with their toes against the wall, and between the nails in the fore-part of the prisoner's shoe, I took out a quantity of brickdust,
as if it had been torn out of the brick-work in getting up to the window—Allen came to the station-house, and claimed the bag of rags, and while I was shaking them up for him to look at, something jinked—Allen said, "That is some glass—when I brought the rags, there was glass amongst it," and I found it so.
Prisoner. Q. Did you take my shoe off? A, No, but I examined it was peculiarly nailed—(the prisoner here produced his shoe)—this has been altered since you have been in prison—there were three nails inside here, which have been taken out.
GEORGE ALLEN . I am in the service of William Smith. I cannot swear to these rags—the bag is not mine—there was glass in our rags—I saw them at the station-house at one o'clock, and claimed them—I said, "I think they are my master's rags, but I could not swear to them"—I said they were ours, as there was glass among them—there were more rags in another part of the rag-room—I went to bed that night, about half-past nine o'clock, in a room adjoining the rag-room—I was awoke, between twelve and one o'clock, by a noise—it appeared as if somebody was in the house—there is a brick noggin between my room and the next, and I heard a noise, as if somebody jumped out—I afterwards saw the policeman—I got up, and missed the rags—there were strips of wood nailed up to the room window—I found that all broken down—the rags produced are like my master's—they are such as I had bought.
WILLIAM SERVANT . I am a policeman, of Uxbridge. I was with Cooper on Monday night, and heard the noise—I assisted in taking the prisoner—he made great resistance, and I think he would have got away, had I not been there—I examined his shoes, and noticed the impression in the lump of dirt under the window exactly corresponded with his shoes—I also saw the brick-dirt between the nails of his shoes, and there were toe-marks under the window—I first saw him about twenty-five yards from the window, but the sergeant saw him about ten yards from the window.
Prisoner's Defence. I bought the rags of a man who I met about two hundred yards from the prosecutor's, for half-a-crown—I did not offer to ran away, but told the policeman directly where I bought them.
GUILTY . Aged 21.— Transported for Seven Years.
NEW COURT.—Tuesday, January 1st, 1839.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 31.- Confined Six Months.
GUILTY . Aged 18.— Transported for Seven Years.
GUILTY . Aged 17.— Confined Three Months.
440. SUSAN ASHWELL was indicted for stealing, on the 20th of December, 8 yards of poplin, value 9s.; 2 yards of silk, value 6s.; 3 yards of bombazine, value 5s.; and 2 1/2 yards of mousseline de laine, value 5s.; the goods of Thomas Dry and another.
JOHN DAVIES . I live with Thomas Dry and another, in Tottenham-court-road. On the 20th of December, I was informed by Michael Cogan of something, in consequence of which, I followed the prisoner out of the shop, and told her that she had got something that did not belong to her—she did not say any thing—I asked her to walk into the carpet-room, and there repeated the same words—she said she had got something, and gave to me, from under her cloak, a length of mousselin de laine, a length of silk, bombazine, and poplin—these are them—they have our private mark on them.
Cross-examined by MR. PHILLIPS. Q. Did you see her take the articles? A. No—I observed nothing particular about her when I spoke to her.
MICHAEL COGAN . I am shopman to this firm. The prisoner came and asked to look at some goods, and while I was serving her, I saw her take a piece of mousselin de laine, and put it under her cloak—I went and told Davies.
Cross-examined. Q. Were you present when she was searched? A. No, Sir—I was close to her when she took it, and looking at her—I was not present when she took the other things—the counter was between us—there was a basket on the counter—it could not prevent my seeing her do it—I saw her take the piece of mousseline de laine from off the counter, and roll it up before my face—she paid 8 1/2 d. for things she had bought.
CHARLES TOOMBS (police-constable S 147.) I went into the shop, at No. 97, Tottenham-court-road—the prisoner was standing, and the articles on the counter, near her—I asked her what she had been doing—she acknowledged her guilt—I asked where she lived—she said, "No. 4, Arlington-street, Hampstead-road"—she was very quiet and still.
Cross-examined. Q. What did she say? A. She said she had done it—I asked her what she had been doing—I am sure of that—this is my name—(looking at his deposition)—what I said was taken down, and read over to me—I might ask her why she did it—that might be the question—I believe I asked her why she did it—she said she had done it—she gave me no reason—I could hardly hear her speak—a woman searched her it the station-house—I was not present—1s. 2 1/2d. was found on her, and I have some articles here which she bought at the shop.
MR. PHILLIPS called
SUSAN MILDER . I am the prisoner's niece, and have lived with her in London for the last sixteen months. I have not considered her in a sane state at times—she was present some years ago when her sister lost an arm, and she lost a brother under very distressing circumstances—I remember her bringing home a man's hat for me, trimming it with ribbons, and expressing a wish that I should wear it, when I had on my best clothes—I hid the hat—I have seen her wear a boot and a shoe, and go out with them, in spite of my remonstrance—I have seen her wear a white stocking on one leg, and a black one on the other, for the space of a week—such conduct has been more frequent of late—I have gone out with her on some occasions, when I have seen her in that state—I thought she was not fit to go alone—I know of her going to bed without any cause, and remaining
there, refusing food, advice, and medicine—she has staid in bed two or three days and nights together—I remember in December last, her getting out of bed to trim a bonnet, and saying she was quite well, and appeared in high spirits, she was in bed before, and refused advice, and said the was very ill—I went and asked her to trim a bonnet—she jumped up directly, and said she was quite well.
ELIZABETH ANDREWS . I am cook to the prisoner's sister. I lived at Plymouth with the prisoner—she has been four years in London—I had opportunities of seeing her conduct—she did not act like a rational person at times—I remember her dressing herself several times in my bonnet and shawl; cloak, and shoes—her own clothes were as near to her as mine—I spoke to her—she said she would do as she liked—on one occasion she went to bed, and staid several days—she appeared ill, but would not take any advice, food, or medicine—some time since she cut off all her front hair—the was in trouble, I think, for the death of some friend—she was spoken to about it, but would make no answer—I remember taking a geranium up stairs, and she went and stripped off all the leaves—she gave no reason for it—I remember her complaining of its being very cold, and she sat down to dinner, and had no gown on—she would not eat any thing—there were two young men lodging in the house—I remonstrated with her about sitting down without her gown before them—she said I was too particular,' the did not mind the boys.
PETER CURGEVAN . I am a tide-surveyor, and have known the prisoner from childhood. I knew her at Plymouth—she has exhibited flightiness, and a confused state of mind—at times she decidedly appeared not conscious of what she was doing—I saw her last about two months ago—she said she was going up stairs for a minute, but she did not return—I thought she would have returned, and wished me good night, but she left in that state, and I made the remark, that she was in the same state of mind as I had seen her before.
WILLIAM HATNES . I keep the Royal Hotel, at Cheltenham. I have known the prisoner upwards of fifteen yean, and have had every opportunity of seeing her conduct—I am married to her sister—I have observed a wildness and incoherent manner about her; in fact, I have considered her deranged at times—I have had letters from her—they were not the letters of a rational, sane person—at times she has written sensibly enough, and at times as if her mind was wandering—I should say at times that she was mad—she never committed any violence that I saw—she was exceedingly temperate, never given to drink—she has had the best character for honesty—her brother committed suicide through some trifling quarrel with his elder brother—I always thought that affected this poor woman.
JAMES HODSON . I am a watch-manufacturer, in Chiswell-street. I have known the prisoner twenty-eight, or thirty years—her character has been very honest for that time—I have observed in her manner an occasional flightiness and strangeness for several years past. (The prisoner received a good character from other witnesses.)
GUILTY . Aged 50.—Recommended to mercy by the Jury, on account of her good character, and her occasional aberration of mind.
Confined Five Days.
WILLIAM THOMAS EVANS . I live at No. 12, Patriot-row, Cambridge-road, Bethnal Green, and am a bookseller. About half-past ten o'clock, on the 22nd of December, I was walking from my shop to the parlour, and saw the two decanter-stands on a book, two or three yards from the street door, and on my return, in about a minute, I missed them—I put my head out of doors, and saw the prisoner running with something in his lap—I ran, and took him with the decanter-stands—he dropped them, and he said, "It is no use taking me, take the boy that told me to go and take then out of the shop"—I picked them up, and brought them home—I saw another boy running away—these are my stands—I am sure I saw the prisoner drop them under both our feet, just as I took hold of him—I gave him to the policeman, who was just going by.
GUILTY .* Aged 13.— Confined Six Months.
EDWARD WADDILOVE . I am in the service of William Burchett, of No. 61, Crown-street, Finsbury. About six o'clock, on the evening of the 20th of December, I was at the end of the counter, watching the prisoner, and another lad, who were lurking round the windows—I watched them ten minutes, or a quarter of an hour—the prisoner crawled in on his hands and knees, and I saw him take up the two pairs of clogs, slip them under his left arm, and crawl back to the door with them—he made off with them up the street—I immediately pursued, and overtook him at the comer of the street—he perceived me, and threw them down at my feet—I picked them up in a minute, and pursued him about one hundred yards further—he ran against another lad, and I took him—these are my master's clogs(looking at them.)
Prisoner. I did not take the clogs.
GUILTY .* Aged 13.— Transported for Seven Years.
SARAH HUGHES . I live at No. 2, Royal Hospital-row, and am the wife of John Hughes. On Saturday night, the 22nd of December, at half-past eight o'clock, I was at Mr. Thompson's, the pawnbroker's, standing in the first box—I had one shilling and one half-crown in my pocket, which was mostly behind me, but rather to my right side—no one but the prisoner was behind me—there was a young person in front of me, in the box—the prisoner left the box first—I had 3s. 6d. in my hand and 3s. 6d. In my pocket—they were both lion shillings, and both old half-crowns—I paid 2s. 71/2d. out of the 3s. 6d. In my hand, and received 10 1/2 d.—I went to put that into my pocket, and missed the 3s. 6d. from my pocket—I went to the front, and said I had been robbed, and asked the young man if he knew the boy behind me, for while he
was there young man came round to open the door—I am sure the prisoner is the person that was behind me—I saw him on the step of Mr. Thompson's door, three minutes after I went out, and accused him of robbing me of a shilling and a half-crown—he gave me a push and ran away—I followed him, calling "Stop thief" he ran round Union-street, and was taken at the corner of Westborn-street—he was searched in my presence, and the shilling and half-crown found in his right shoe—he said his sister gave it him—he told many different stories—he said, when he was taken, that he had not got one farthing, that he meant to pledge his handkerchief off his neck to get some victuals.
Prisoner. Q. Did you feel my hand in your pocket? A. No—there was no person near me besides yourself—it could not have gone without a hand in my pocket.
WILLIAM FRANCIS BEZANT . I am shopman to Mr. Thompson, a pawnbroker, in Grosvenor-row, Pimlico. I saw the prisoner about three minutes after the prosecutrix had been robbed—he offered to pawn a handkerchief—we would not take it in—that was after the prosecutrix had left the house.
BENJAMIN BYRNE (police-constable B 160.) I heard the cry of "Stop thief" in Union-street—I saw the prisoner turn the corner, and in Westborn-street I laid hold of him—Mrs. Hughes came up, and said, "I have been robbed of a shilling and a half-crown, in Mr. Thompson's shop"—the prisoner said he knew nothing about it, and had not a farthing about him—I took him to the station-house, and found in his right shoe a half-crown and a shilling, with a lion on it, as the prosecutrix had described, when I took him.
Prisoner's Defence. I had been out of work three weeks—my sister came and asked me to carry a box, and when she got on the coach she gave me the half-crown and shilling—I went into the pawn-shop, and was not there a minute, before the man asked what I wanted—he would not take my handkerchief in pawn—I went out and was taken.
GUILTY . Aged 20.— Confined Six Months.
JOHN KEANE . I live in Bath-place, New-road, and am a trunkmaker. On the 20th of December I saw this trunk safe at my shop, about half-past four o'clock—it was placed outside the door—I missed it soon after, and I went out to the different trunkmaker—about seven o'clock the policeman called, and I found it at the station-house—this is it—(looking at it)—it is my own make.
Prisoner. Q. What can you swear to it by? A. By the handles—and they do not generally plane them over as this is—I am quite sure it it mine.
CORNELIUS MURPHY (police-constable E 21.)I live in Clark's-buildings, Bloomsbury. I was in Rathbone-place on the 20th of December, and saw the prisoner with this box, about a quarter to six o'clock—I followed him to Crown-street, and on turning into Lloyd's-court I stopped him, and asked where he brought the box from—he gave no account—I took him to the station-house, and he would give no account—I made inquiries, and went to No. 23, New-road—the prosecutor said he had lost a box—he came and identified it.
Prisoner's Defence, I was coming home from a job, near Tottenham-court-road, and there was a man selling boxes—I bought it for 4s. 6d.
GUILTY . Aged 19.—Recommended to mercy by the Prosecutor. Confined Six Months.
WILLIAM HARVEY . I live in Temple-street, Hackney-road, and am a tailor. The prisoner was my journeyman—I was in Pollard's-row, returning home with two coats, on the 21st of December, and gave them to the prisoner to hold while I turned aside, and when I turned round, he and the coats were gone—I went to the first turning, he was not there—I went home, he was not there—I went to a pawnbroker's, and saw one of the coats about twenty minutes after.
Prisoner. Q. Did not you and I go from Temple-street, with there coats in two bundles? A. Yes—I carried both the bundles—we met a person, and had a pint of beer at the White Hart—I did not have any gin—we went to the Two Bells, and had some porter—you did not carry either of the bundles.
WILLIAM GOLDER . I am foreman to a pawnbroker in Bethnal-green. I have a coat, pawned by the prisoner about a quarter before six o'clock in the evening of the 21st of December, in the name of John Hunter, New Inn-yard—I saw it was not his size, and asked him if it fitted him—he said, no, he had made it for a man and was to have 1l. 2s. for it, but the man was not at home, and he was in want of money.
CORNELIUS FOAY (police-constable H 98.) T apprehended the prisoner—I asked him if his name was Hunter—he said, "Yes"—I asked if he knew Mr. Harvey, he said " Yes"—I said I wanted him for two coats belonging to Mr. Harvey—he said he had not stolen them, he had pawned them for money which Harvey owed him.
Prisoner's Defence. I had worked for this man for a fortnight previous—the first week my wages came to 1/. Ss.—I could not get a settlement with him—I only had 18s. 10d. In victuals and cash, so that there was 9s. odd coming to me—the next week what I had was 7s. 10d., and there was 6s. 2d. more due to me—I pledged the coat thinking I was doing no more than I had a right to do—he owed me 16s. 01/2d. WILLIAM HARVEY re-examined. No, I only owed him one halfpenny.
GUILTY . Aged 26.— Confined Six Months.
WILLIAM YOUNGS . I am a pork butcher, and live at No. 99, Whitecross-street. On Saturday night, the 15th of December, I was in my shop, and my neighbour next door called me—I went out, and my neighbour fetched back the prisoner, who had a hand of pork of mine tied up in a handkerchief—I had seen it safe about a quarter of an hour before—my window was open, and it was just inside the window—I had a private mark on it—I am sure it was mine.
prisoner go up to the prosecutor's window, put his hand in, and take a hand of pork—he then went into the shop, went up to the scale, took out his handkerchief, tied the pork up in it, and went out—I told Mr. Youngs—I went after the prisoner and brought him back with the pork in his handkerchief—Mr. Youngs said he thought it was his, and when he came to look he said it was his—he showed me a private mark on the knuckle. JAMES HAYWOOD (police-constable G 212.) I was called and took the prisoner.
Prisoners Defence. I bought that pork in Leather-lane, at a shop on the right-hand side—I then went to a house at the corner of Playhouse-yard, where two of my shop mates were having a pint of beer—I said I was hungry, and they said, "Go, get a saveloy and a penny loaf—I went out, and went to the prosecutor's shop to get the saveloy—the witness came in, and said, "What have you got there?"—I said, "What is that to you?"—he called the shopkeeper, and they opened the handkerchief, and the shopkeeper said, "I don't think it is mine"—they took it from me and sent for the policeman.
GUILTY . Aged 45.— Confined Three Months.
WILLIAM HUTSON ATTO . I live with Mr. Solomon Rich, who keeps a public-house at No. 2, Monmouth-street. On the 21st of December, about a quarter to eight o'clock, I served the two prisoners with a pint of beer, and they took it to the back part of the house—in about five minutes after they drank it, Clark came and told me something and I watched them up to St. Giles's church—I saw the woman's pocket stick out—I put my hand down into her pocket, and it went into the pot—I then followed them home to the Rookery—I got two policemen, and we went and took them in their lodging—the man took the pot and put it under the grate, and the woman aid to him, "For God's sake give him the pot, he won't say any thing"—we found another pot in the cupboard—they are ray master's.
HENRY CLARK . I saw the man put the pot into the woman's pocket—I told the barman of it—he and I followed the prisoners—I stopped at the door while the barman got the policemen—the male prisoner appeared drunk—the woman was sober.
JOSEPH CLEMENTS (police-constable E 102.) I went to the prisoner's residence—I saw the male prisoner's hand go to the grate—I went to see what he had put there—the woman said, "Give it him"—that was all I understood—in searching the room I found this other pot doubled up—I knew the prisoners—I believe they are not husband and wife.
William Russell's Defence. I took the pot, but it was half full of beer—this woman knows nothing about it.
WILLIAM RUSSELL— GUILTY . Aged 38.— Confined Three Months.
HANNAH RUSSELL— NOT GUILTY .
in the evening, I placed my whip on the foot board of the omnibus—I was then near the Man in the Moon public-house, in King's-road, Chelsea—I got down, and I returned in two or three minutes—my whip was them gone—this is it—(looking at it.)
JOHN PHILLIPS (police-constable T 139.) I was on duty on the night in question about half a mile from the Man in the Moon—I met the prisoner with this whip—I stopped and asked where he got it—he said he had had it in his possession for twelve months, and he had been All omnibus driver for Mr. Butcher—I looked at the thong, and it appeared to have been used that day—I said if he could take me to any place to satisfy me I would go with him; if not I must take him to the station-house—he could not, and I took him—he then said he had found it.
Prisoner's Defence. I found it in the Fulham-road—I did not say I had had it twelve months.
GUILTY . Aged 27.—Recommended to mercy.— Confined One Month.
449. THOMAS STORER was indicted for. stealing, on the 29th of September, 1 bed, value 3l.; 1 sheet, value 18d.; 3 blankets, value 9s.; 1 bolster, value 8s.; and 1 pillow, value 5s.; the goods of William Thompson.
WILLIAM THOMPSON . I live at No. 19, Great Barlow-street, and am an upholsterer. The prisoner lodged with me—on the 18th of December, the policeman searched his room, and the bed, blankets, and other things stated were gone—the prisoner was then in custody—these are my property—(looking at them.)
THOMAS ALLEN (police-constable D 154.) I took the prisoner on another charge, and in searching the room I found thirty-two duplicates, and the next morning, four more in a dirty stocking—amongst them were the duplicates of the property produced.
Prisoner's Defence. I occupied the room, and paid 4s. 6d. a week—my wife and child were ill—I owed a little money, and made use of some of these things.
(The prisoner received a good character.)
GUILTY .—Aged 31.
450. THOMAS STORER was again indicted for stealing, on the 17th of December, 14 1/2 lbs. weight of glue, value 7s.; and 30 pieces of wood, value 5s.; the goods of James Jackson and others, his masters.
JOSEPH JACKSON . I live in Paddington-street, and am in partnership with my father and brother—we are piano-forte makers. The prisoner was in our employ, and has been so since the 7th of July—on Monday evening, the 17th of December, I heard a noise in the ware-room, about half-past five o'clock—I went on the stairs, and called the servant—she answered me from another room—I then went to the ware-room, and saw the prisoner facing a closet, which contained glue and candles—
he had been at work for us that day—before the closet was a blue handkerchief spread on the floor, and a quantity of cake glue piled on it; and on a shelf in the closet was a pile of glue, which had been taken from a bag in which it had come from the manufactory—I called my brother, and got a policeman, who took the prisoner—he said several times, "Do consider my wife and child"—this is our glue, I have no doubt—(looking at it.)
Prisoner. I asked for Mr. James to borrow some money of him. Witness. You attempted to speak but could not, you stuttered. J AMES JACKSON, JUN. I am in partnership with my brother and father. My brother called me on the evening of the 17th of December, and on going to the ware-room, I found him with the prisoner—there was a quantity of glue in the handkerchief on the floor, and a quantity on the shelf in the cupboard, which had been taken from the bag—I gave the prisoner in charge, and the Inspector desired me to go to the prisoner's lodging—I went to No. 19, Great Barlow-street, and there found these pieces of rosewood, some beech, and other wood—these pieces of rose-wood are our property—I can swear to them—the prisoner had no authority to take any of it away.
Prisoner's Defence. I know nothing about the glue, nor the handkerchief—the wood was for fire-wood—each man has the liberty of taking home wood.
GUILTY . Aged 31.— Transported for Seven Years,
SAMUEL DIBDIN . I live in Lawrence-street, St. Giles's. Mr. Thomas Peckham Grout lives there—I had the care of that house for him—it is a lodging-house—the prisoner lodged there—on the 21st of December, I made the beds and locked the doors, as usual, about four o'clock-about seven o'clock, a lodger came and asked me if I was aware that a secondfloor room was open—I went up and found four beds stripped, and some things lying on the floor—I missed the articles stated, which are the property of Mr. Grout—I sat in the shop to receive the money from the lodgers—the prisoner passed and repassed me three times that evening—he said it was very cold—about seven o'clock he went out, and called his dog to follow him, but it would not go—the prisoner then went out, and I did not see him again till he was in custody.
JOSEPH THOMPSON (police-constable F 39.) About eight o'clock in the evening of the 21st of December, I saw the prisoner in Monmouth-street, with something under his arm—I asked what he was doing—he said, "Trying to buy some rags"—I took him, and in going to the station-house, he said, Would I let him go?—I said, "No"—he said I should be sorry for it, as he should be transported—I found on him these six sheets and a blanket—the name of Grout is on them,—he told me he lodged at Grout's, where the property was taken from.
GUILTY . Aged 43.— Confined Six Months.
WILLIAM DRAKE . I live at Shepherd's Bush. On the morning of the 22nd of December, about half-past seven o'clock, I was coming out of Newgate-market, into Newgate-street, and three persons met me—they had the appearance of gentlemen by their dress—there were two porters coming from the wagons, and carrying a hamper, and the gentlemen surrounded me against Jenning's shop—the prisoner was one of the three—he was on my right, and as I turned to let the porters pass, the prisoner put his hand into my right-hand pocket, and drew out ray two bags, one containing eleven sovereigns, and the other four—he walked very gradually away, and I after him—I never lost sight of him—when he came to the corner of Ivy-Jane he cried out, "Tom, bring the flat, my cart is gone"—he then took to running, and I followed him, and called, "Stop thief"—he jumped over three flats, and a young man stopped him—I collared him at that identical moment—I was over the flats as soon as he was—he then put his right-hand into his coat pocket, and drew out one of my bags, which had eleven sovereigns in it—I seized his hand with it in it—the other bag was picked up with the four sovereigns in it.
Prisoner. Q. Did you see my hand come from your pocket? A. Yes; I saw you draw it away from me—I did not seize you at the time, as you had two others with you.
HENRY CALTON . I live at the New Catherine Wheel Inn, Bishopsgate-street. I was in Newgate-street that morning, and saw the prisoner running away—I heard the cry of "Stop thief"—the prisoner was getting over the hampers, and I stopped him—he put his hand into his pocket, and drew a bag out—the prosecutor came up, and took hold of his hand, and then he seized him with the other hand, and took him to the Compter—he counted the sovereigns in the bag, and there were eleven.
JOSEPH BATES . I am a patrol. I saw the prisoner running, and I pursued him—he went over the hampers, and I saw him drop the bag, with the four sovereigns in it, behind him, out of his right-hand—that bag was produced after we got to the Compter.
GUILTY . Aged 19.— Transported for Ten Years.
JOHN WALTER EATON . I am shopman to Mr. Francis Burdett Norbury, of Wentworth-place. On the 22nd of December I was in the shop, serving a lady, and the prisoner entered—I had to get on the counter, and I saw the prisoner take a packet of gloves, put them into her basket, and shut down the lid—she then asked me to serve her with some net, which I did, after I had served another customer—the other young man was then gone to get change—when he returned, I told him he had better go round the counter—when I had served the prisoner, I said I wanted to look in her basket—I went round, opened her basket, and found these gloves in it—I think she could not have taken them by mistake, it being a large parcel.
Cross-examined by MR. PHILLIPS. Q. Was the paper about them? A. Yes, exactly as it is now—I had never seen her before—she opened her
basket for me, and said she wondered how they came into it—she did not make the least attempt to go away.
GUILTY . Aged 48.— Confined Three Months.
ROBERT TRITTON . I am a cheesemonger, and live in John-street, Edgeware-road. About six o'clock in the evening, on the 18th of December, a boy came in and gave me some information—(I had before that missed a cheese)—I went to the station-house, but I did not see my cheese there—I saw it in the Old Court, at the last Sessions—this is it—(looking at it.) Prisoner. There were two persons swore to that cheese. Witness. I have a mark on it—my iron produces a very particular mark—here is my iron—it has a notch in the edge.
GEORGE JOHN RESTIEAUX (police-constable E 49.) I saw the prisoner on the 18th of December, about half-past nine o'clock, he passed me in Broad-street, St. Giles's, with this cheese—he went in the direction of Drury-lane—I followed him, and asked where he got the cheese—he said his father bought it and gave it him, and he was going to take it to Bell-yard, Gray's Inn-lane—I took him to the station—Mr. Maskill, the former prosecutor, had sent word to the station-house that he had lost a cheese—there were two cheeses lost—this one did not turn out to be his.
Prisoner's Defence. About nine o'clock I went down a street in the Edgware-road, and this cheese was placed against a door—I did not know who put it there—I am innocent.
GUILTY . Aged 23.— Confined Three Months. (See Second Session, page 348.)
455. CHARLES PEARSON was indicted for stealing, on the 29th of December, 32 yards of rope, value 15s., the goods of William James Marsden, in a vessel on a navigable canal; and that he had been before convicted of felony.
WILLIAM SENNICK . I am a lighterman in the service of Mr. William James Marsden. I had a tow-line of his on the 29th of December—there was about thirty-six yards of it—I left it on board the barge called the Friends, off Brentford, about nine o'clock that morning—I had other craft to attend to, and did not go on board the Friends again till yesterday morning, and then the rope was gone—this is it—(looking at it.)—I know it by the end of it.
JOHN PLASTOWE . I am a lighterman in the employ of Mr. Rogers. I went on board one of his barges called the Henry, on Saturday evening the 29th of December, about twelve o'clock, and I found this rope on board that barge—the prisoner was on board—I asked him how he came by the rope—he gave me no answer—I asked if it belonged to Mr. Rogers—he said, "Yes"—I went and asked Mr. Rogers—he said, "No," and told me to get a policeman to take the prisoner out of the barge—the prisoner then said that Mr. Marsden's people gave him leave to take it.
prisoner. I found him in the barge, and this rope was in the cabin—the prisoner said Mr. Marsden's people told him to go on board their barge and take the rope to his, to take care of it—the barge he was on board of was 100 yards from the prosecutor's—they were both on the Grand Junction Canal.
GUILTY . Aged 23.— Confined One Year.
JOHN WOOD HUTT . I live in Great Pulteney-street. On the 26th of December I saw two quart-pots and a pint-pot in Mr. Spalding's passage, which is opposite to me—I just turned my head for a moment, and I saw the prisoner coming out of that passage, and there was then only one quartpot and one pint left—I went after him till I met a policeman, who stopped him, and found this quart-pot on him.
Prisoner. Q. Did you see me go into the passage? A. No.
WILLIAM PLUME (police-sergeant C 12.) I was called by Mr. Hutt, and stopped the prisoner—I pulled his coat aside, and found this pot wrapped up in a cloth—he said he was going to get something to eat.
Prisoner's Defence, I did not go into the passage—I picked it up on the step, and was going to sell it to get something to eat.
GUILTY . Aged 20.— Confined One Month.
OLD COURT.—Wednesday, January 2nd, 1839.
Third Jury, before Mr. Sergeant Arabin,
WILLIAM LEIGHTON . I am a private in the 45th regiment of foot. I was out on furlough, and was at Edgware, on the 12th of December—I was going to Watford, to my friends—I got to Edgware about eight or nine o'clock at night—I went into the White Lion public-house, and found the prisoner there, in company with another woman—I got into conversation with them, and treated them—I paid about 2s. for what I had—I took out my purse to pay—I had 5s. or 7s. in it—I was rather under the influence of drink, but I knew what I was about—about eleven o'clock the prisoner and I went out together, and the other woman left us—I went into the fields with the prisoner, and laid down and went to sleep—I do not know whether I paid her any thing—I had a watch, fastened to a guard round my neck—the purse was in my right-hand pocket—I awoke between four and five o'clock in the morning, and she was gone—I missed my watch directly I awoke—the guard-chain was broken—I went into a public-house immediately, and then missed my purse—the prisoner was taken next evening—this is my watch—(looking at it)—I did not give either the watch or purse to her.
JOHN BLEUMAN . I am shopman to Mr. Marchant, a pawnbroker in Edgware-road. I took this watch in pawn between ten and eleven o'clock, on the morning of the 13th of December, for 12s., from a woman—I cannot positively swear to the prisoner, but I believe she is the person—I did not see her face, but I can swear to the bonnet she had on—I saw her before the Magistrate on the 19th, and believed her to be the person.
THOMAS BUTLER . I am a policeman. On the 13th of December I apprehended the prisoner, from the prosecutor's description—she denied having the watch—I took her to the Magistrate, who remanded her for a week—on our road to Clerkenwell she became lame, and we got on a coach, with Susan Burr—she told Burr, in my presence, on the coach, that the was sorry to see her in trouble, for she had nothing to do with it, that she had taken the watch herself, and pawned it at Paddington—Burr was discharged at the next examination.
SUSAN BURR . I was in company with the prisoner and prosecutor at the public-house—I left them—I was taken up on this charge—the prisoner told me what the officer has stated, on the roof of the coach.
GUILTY .+ Aged 22.— Transported for Ten Years.
EDWARD WRIGHT . I am in the service of William Wright, who keeps a public-house in Back-road, Shadwell. On the 27th of December, at eight o'clock in the evening, the prisoners came to the house, and called for a pint of half-and-half, which they drank between them, and paid for it—I saw Goodwin take the pot, and put it under—her shad well—she gave the glass to Hill, who put it under her apron—they spoke a few words together, and called for another pint of half-and-half—I gave them a fresh pot—they drank it, and went out together—Goodwin ran across the road as Hut as she could—Rocking and I pursued them—I came up with Hill, who was walking, tapped her on the shoulder, and asked what she had got—she said, so help her G—she had get nothing—I undid her apron, and found the glass—she was about twenty yards from the house.
Goodwin. Q. Did I come in with her? A. Yon both came in togathers, and were nudging each other.
WILLIAM BOCKING . I was in the public-house—I saw Goodwin put this pint pot under her right arm, and give the glass to Hill—when they left I followed Goodwin—I came up with her, and asked what she had got under her shawl—she said, " Nothing"—I took this pot from under her arm.
Goodwin's Defence, I saw my lodger coming by, and ran out to give him the key—I was going to return to the house-my fingers were so numbed with cold I thought it was the key I had got.
HILL— GUILTY . Aged 45.
GOODWIN— GUILTY . Aged 54.
Confined Six Months.
Before Mr. Justice Bosanquet.
459. JOHN HANNON was indicted that he, on the 14th of September, feloniously, knowingly, and without lawful excuse, had in his custody and possession a certain copper-plate, on which was engraved and made a certain part of a promissory note, purporting to be part of a promissory note for the payment of money, of a certain Company of persons carrying on the business of bankers, in a certain country under the dominion of her Majesty, that is to say, the province of Upper Canada, in North America, under the name and style of the President, Directors, and Company of the bank of Upper Canada, being other than the Bank of England—(setting it forth.)—2nd COUNT calling them a body corporate.—3rd COUNT, stating it to be part of a promissory note for the payment of money of William Proudfoot, and others.
MESSRS. BODKIN and DOANE conducted the Prosecution.
HENRY HAYES . I carry on the business of an engraver, in Regent-street. On Monday morning, the 13th of August last, the prisoner came to my house, and said he had several orders to give for engraving, and directed me to call on him the following morning, at Beety's hotel, Conduit-street, where I should receive instructions about it—that is the principal of what passed—I had never seen him before—he was with me some time, and looked at a great many impressions, and that sort of thing—I went next day to Beety's hotel, and found him there in the coffee-room—he produced this genuine note on the Toronto Bank—(looking at it)—it was then perfect—the piece now detached then formed part of the note—he told me that he wanted the note re-engraved, and asked me what I would do it for—I agreed to do it for fourteen guineas, and he ordered me to go on with the plate immediately—I looked at the note, and saw the names on it at the time, and he stated, after giving me the note, that he was one of the partners of the firm—he had previously told me that his name was Mr. John Hannon—he requested I would be particular in doing it like the original note, that he should require a great many done, having other notes to be engraved—it was arranged that it should be done in three weeks, I think—I then left, and proceeded with the engraving of the plate—he came to me constantly during the three weeks, every day, I should say, and saw the plate upon which I was working—he took it from my hands repeatedly to examine with the original, to see if I was doing it correctly—when it was nearly completed, he asked me to put the names of "Rorden Wright, Hatch and Co., New York," on the note, as it was on the original—their names appear at the bottom of that note as the engravers of it—I declined doing that, and offered to put my own name—he said that was of no use, and offered to give me a sovereign if I would do it—I refused to do it altogether—finding I would not do it, he said it was of no consequence, he would get it done in America—two or three days prior to the 10th of September, I made inquiry of a friend of mine, who had just returned from America, and in consequence of what he told me, I communicated with the Bank agents in London—on the 10th of September the prisoner called for the plate and notes, which, according to appointment, I was to deliver to him that morning, (there were eighty notes,) but in consequence of what I had heard, I refused to part with them—I put him off with some excuse, and made another appointment with him—I think the 14th was the day fixed—I was then acting under advice—on the morning of the 14th, I think, he came and paid me, altogether, 20l. 4s., and I delivered him the plate, and the eighty impressions—I was aware at the time I delivered them to him, that the police were on the watch—I had an impression taken from the plate, in addition to the eighty which I kept—this is it—(looking at it)—the eighty were fac-similes of this—on the 18th of September the prisoner came to me again—he told me that he had lost the
notes, and the plate, at some house of ill fame, where he had been some few nights before, and that he should require the same plate re-engraved, and another exactly like it, with the exception of its being for five dollars instead of ten, and two other plates for the City Bank of Montreal—he at the same time produced an original note for the City Bank" a price was fixed on, and I agreed to do it—I was in communication with him up to the 27th of September—I went immediately to the solicitor, in consequence of his giving me these further orders, and made an arrangement with the police—I afterwards made an appointment to see the prisoner at a coffee-house, where he was taken into custody.
Cross-examined by MR. PRENDIRGAST. Q. When did you give up this genuine note, as you call it? A. Some few days previous to the 10th of September I went with the gentleman I had communicated with, and gave it myself into the bands of the solicitor for the bankers—it was marked at the solicitor's chambers, I think, the day it was given up, but I will not charge my memory with that—it was marked in my presence—I will not swear when—it was marked by the clerk at Bow-street, and I believe it was marked at the solicitor's chambers, but I know the note so well, that I require no mark—I saw the prisoner cut the piece off—I will not swear it was marked till it was at the police-office, which was some time in October, I think—the prisoner was remanded from time to time, for fresh evidence from America—I know the note, by some acid which is on it, which makes all the vignette part green—(pointing it out)— I can swear to it by that mark, and I copied the note, line for line, therefore, I know it well—I should most likely know it from any other similar note—it is difficult to print two impressions alike. COURT. Q. Do you mean difficult to engrave two plates alike? A. Not exactly so—if impressions are taken one after the other from the same plate, they would be very much alike, but there may have been same thousands printed between that and another—it is difficult in that way to have two impressions alike from the same plate.
MR. PRENDERGAST. Q. When did you take this other impression off? A. Some few days before the appointment was first made for his having the eighty impressions—I forget the date exactly—it was after t bid given information to the police—when I gave information to the police the plate was in the same state in which it was when this impression was taken off—I did nothing to the plate between the time of my giving information to the police and delivering the plate and impressions to the prisoner—I do not think any thing was done to the plate after I informed the police—to the best of my belief there was not—the eighty impressions were struck off afterwards—we generally keep an impression by us when we prove a plate—I have no proof from the plate in the state it was in when I gave information to the police—I had taken several impressions previous to that, in the different stages of the plate—I have no proof here of the state of the plate before I gave information to the police—I will swear nothing was done to the plate after I gave information—I think I gave information the very tame day that I saw my friend from America—the plate was very nearly finished, and the prisoner was very anxious to get possession of the plate and the notes. Q. Then, if it was very nearly finished when you received the information from your friend from America, and you gave information to the police the very same day, must you not have done something to forward the plate after that information? A. No, I had not—the plate was done, and the prisoner called for it according to appointment—I had been that very
morning into the City to make inquiry before I delivered it—I was fearful it was not right, and I put him off.
Q. Now are not these two impressions very different from each othershould not you know the difference? A. Yes, I should, the ruling is not at all alike in the corners, and the paper is as different as can be, quite of a different grain and manufacture—I do not see any thing particular about the edges—when I saw the prisoner at the hotel every thing was quite open, and very business-like—it was in the public coffee-room in a very respectable hotel at the west-end—his manner all along was such as not at all to excite my suspicions—there were no persons in the coffee-room—Mr. Beety, the landlord, came in for a few minutes just before I left—the prisoner asked if there was a letter for him—Mr. Beety answered him, and gave him one that had come there—he was calling to the landlord or waiter as is usualI went to him twice there—once about ten o'clock in the morning, and the other time about twelve o'clock—I never engraved notes for "banks of fashion," or any thing of that sort.
MR. DOANE. Q. You say you know—this note by a green mark produced by acid—had it that mark on it before you parted with it? A. It had—I saw the prisoner cut this piece from it—I have not the slightest doubt this is the note he gave me—the plate I engraved resembled this note, and my not doing it exactly alike in the corners caused him to make an objection that it was not so near to it as it ought to be—to a casual observer it exactly resembles the note he gave me—it is a technical put Called the ruling that differes.
JOHN TAYLOR (police-constable L 145.) I was on duty in the West minster-road on the 14th of September, and saw the prisoner—he told me he had been robbed of a quantity of blank bills and a copper-plate worth 10l—he said he had lost them in at Messrs. Masland's, pawnbrokers, in the Westminster-road—a female was afterwards taken into custody on the charge from No. 2, Brighton-place, Waterloo-road, which is a brothel—the prisoner told me that woman had come into Mr. Masland's to pledge a ring, and standing alongside of him, he had suspicion that she had taken the packet out of his pocket—he said he had been back to Mr. Masland's, and asked the address of the woman who pawned the ring—that he went to the house and found it was the same house he had been to before with the woman to wash-himself—he went with me to the house where the woman was, and she was taken to the station-house on this charge—the prisoner said he had come from Canada on purpose for this copper-plate—he was told to attend next day at half-past ten o'clock at Union-hall against the woman, but he, did not come—the woman was kept in custody till then and then discharged—I went to the house and searched for the plate, but found nothing.
Cross-examined. Q. You were on duty and he came up and made the communication quite freely to you? A. Yes.
CHARLES FREDERICK FIELD . I am an inspector of the L division of police. On the night of the 14th of December the prisoner came to our station-house—he had drank a little, but was not intoxicated then—I saw him afterwards the same night, and then he was intoxicated—he made the charge about six o'clock in the evening, or half-past six o'clock—I do not think he was intoxicated then, but he seemed greatly agitated—he charged the woman with picking his pocket of a quantity of blank bills and a copper-plate—the second time when the woman was locked up he came to
see her—when she was in the cell, after the charge was given, he asked me to let him see her—I said that was not allowed—he said he only wanted to ask her one question—he was standing close to the cell), and he said, "I will give you a sovereign if you will tell me where the plate is"—he came into the charge-room, and was talking with us about America for about ten minutes—I asked him about America—he told me he was an Irishman born, but had spent the greatest part of his time in America—he pulled out some blank bills—this was the second time, but the first time when he came round and signed the charge, he pulled out some blank bills, and I am almost positive, but will not swear it, that they were on the Toronto bank—I did not notice the papers the second time—I wanted to have one, but he did not let me have one—they were rolled up, and I just saw Toronto on one—I did not see whether they were like this—(looking at one)—I did not go to the house he complained of being robbed at.
Cross-examined. Q. He told you there was a plate of the same kind as the bills he showed you, did he? A. Yes.
THOMAS JAMES RAWLINS . I carry on business with Mr. Martin, an engraver, in Long Acre—I work in the lithographic department. On the 12th of December the prisoner came to our house about half-past one o'clock, and wished to know the price of fac-similes—I told him I could not give him an estimate unless I saw the words which he required the fac-similes for—he wished to know whether it could be done on stone, or whether it could be done so that he might have a stamp with a handle to stamp them on paper—I told him before entering further into the inquiry, I must know what it was be required—he produced two signatures—this is the paper he produced—(looking at it)—I examined it, and he asked whether I could make fac-similes of those—I said yes, but I wished to know if he was either of the parties whose names "appears here—he said that Proudfoot was his partner, and that he was Rid out—he said he wished to have a stamp or fac-simile made, as he and his partners were both in the habit of visiting Paris, so that if either of them were absent, that was to be used—I perceived the word, "Cashier" opposite Rid out's name, and "President" opposite Proud foot's, which roused my suspicion—after this conversation, he wanted a stone—I told him it would be very inconvenient to carry it, being a ponderous weighs—the names of Rorden, Wright, and Hatch, as the engravers are on this—he asked me whether that could be made on the stamp—I told him it could, but it had much better be-engraved on the plate, if he would have one done—it was agreed that I should make a stamp for him, and he went away—I immediately gave information, at Bow-street—the prisoner afterwards returned, but I was absent—I put a mark on the slip of paper, and can swear positively this is the paper he brought.
Cross-examined. Q. He had no previous introduction to you, had he? A. None whatever—I had suspicion from the first moment I saw him, by the way he addressed me—it is not usual when persons come to ask for fee-similes, not to show what they require.
MR. JOHN BUSH . I am solicitor for the prosecution. In September last Mr. Hayes put himself in communication with me on this subject—I received the note produced from Mr. Hayes—it has been in my care ever since.
Cross-examined. Q. Was it received by you personally? A. Yes—it
has not been out of my possession, nor out of my sight, except under lock and key.
HON. JOHN BEVERLEY ROBINSON. I am Chief Justice of Upper Canada. I know the bank of Upper Canada—it is carried on by a Company of persons as bankers—they circulate a great number of ten-dollar notes of this description—(looking at the note,) but I have never examined them minutely.
Q. Look at this engraving, is it such an imitation of that note as would be calculated to mislead an ordinary person, supposing it to be filled up? A. Undoubtedly—the signature does not seem very much like Mr. Ridout's, but I dare say the note would impose on me—the note itself if filled up, would mislead ordinary persons.
Cross-examined. Q. You very properly state you have a very casual acquaintance with the notes? A. No, not very casual—they form the calculating medium of the province, and have done so for fifteen years—I have a professional acquaintance with the bank, but never minutely examined the plate—I left New York on the 4th of October—I did not come here on this business—I never heard of it till after I got here.
HENRY JAMES CASSELL . I was lately in the Surveyor-general's Office, in Upper Canada—I know the Toronto bank, and know Mr. Ridout personally, and Mr. Proudfoot, the president of the bank—I think this is a genuine note—(the me first produced by Mr. Hayes)— I have not the slightest doubt of it—the prisoner is not Mr. Ridout. CHARLES RUBRIDGE. I resided in Canada, and have done so many years—I know the bank at Upper Canada—Mr. William Proudfoot is the president—I know Mr. Ridout the cashier—I am acquainted with the notes issued by that bank—I believe this to be a genuine note of the bank, at the same time I consider the signature of Mr. Rid out is not exactly the same as I have generally seen it—the capital letters are not quite the same, but I believe it to be a genuine note—these notes circulate extensively in Canada—I think this other note—(the engraving produced)—if it were filled up, would pass in Canada.
Cross-examined. Q. The signature is not like Mr. Ridout's signature much? A. The capital letters are not like his usual signature—the other letters are quite so—I have not a doubt of it being a genuine note—it appears a very remarkable capital letter—the "R" does not look much like Ridout's certainly—his ordinary signature is generally very plain. ALEXANDER GILLESPIE. I am a merchant, living in London. I have transactions in Upper Canada, and have been there—I know the bank of Upper Canada—I should say this is a genuine note—(the one first produced)—I know Mr. Ridout—I believe this to be his signature—(looking at the engraving)—I think, from the general appearance of this note, if it were filled up, it would pass among ordinary persons.
Cross-examined. Q. You think that is Mr. Ridout's signature—is the "R" like his? A. It is somewhat different to signatures I have seen, but taking it altogether, I have no doubt of it—I should undoubtedly take that to be a note of the Upper Canada bank—so I should the other, when complete, I think—I am not particularly acquainted with such things. Q. Is there not a remarkable difference in the paper? A. One is new, and the other has been circulated—I should not hesitate much, before I considered it a genuine Upper Canada note, if it was filled up and completed.
H.J. CASSELL re-examined. Q. Are you aware of a secret mode by which the genuine notes of the Upper Canada Bank may be known—I do not want you to disclose it? A. It is not so secret as that, but it is not generally known—I looked for the mark, the first thing I noticed in it; and I found it bear that test.
Cross-examined. Q. This is a great secret then? A. On my honour I do not know—it may be known in England, and not in Canada—I am not connected with the bank at all, but I have had many notes pass through y hands.
MR. BODKIN. Q. Is it a method which you have been told by which to ascertain a genuine note? A. I have been told so by a person in the bank—I was at that time in a public office in Canada—I do not think the bank would wish it stated.
(The engraving taken from the plate was here read.)
GUILTY . Aged 28.—This case was reserved for the opinion of the Fifteen Judges.
Before Mr. Justice Patteson.
460. WILLIAM CARTER was indicted for unlawfully, maliciously, and feloniously assaulting John Palmer Smith, on the 13th of December, and shooting off and discharging at him a certain pistol, loaded with gun-powder and a leaden bullet, with intent to murder him.—2nd Count, stating his intent to be * to do him some grievous bodily harm.—3rd and 4th COUNTS, stating the pistol to be loaded with certain destructive materials.
(The prisoner pleaded GUILTY to the 4th COUNT.)
(MR. DOANE, on behalf of the Prosecutor, recommended the prisoner to mercy, believing there was neither ball nor shot in the pistol, and several witnesses deposed to his good character.)
Confined One Year.
Before Mr. Baron Gurney.
NOT GUILTY .
Before Mr. Justice Pattison.
462. JOHN RUSSELL and ANN RUSSELL were indicted for feloniously assaulting John Bearman, on the 21st of December, at St. Mary Matfelon, alias Whitechapel, putting him in fear, and taking from his person and against his will, 3 half-crowns and 1 shilling, his monies; immediately before, at the time, and after the said robbery, striking and and beating him.
JOHN BEARMAN . I am a porter, and live in High-street, Aldgate. On the 21st of December, at half-past ten o'clock, I met the female prisoner in High-street, Whitechapel, and went with her to No. 9, Essex-street—I went up stairs to the top room of the house, where the male prisoner was sitting by the fire—she told him to go out for a few minutes—at that time he had a jacket on—he went outside the door about two minutes, put on a smock, and came. in again, and immediately said, "What do you do
here?"—I was standing in the middle of the room, towards the fire-place, talking to the woman, and the woman was standing nearly close to me—I was doing nothing but talking—there was a bed in the room—I should think I was about a yard from the bed—it was a small room—we were not about to lie down on the bed, at the time—when he said "What do you do here?" I said, "You knew I was here when you were told to go out"—he ran up to me, knocked me down, and fell on the top of me—he then got up and kicked me—I said, "For God's sake, don't kick me any more, and I will give you 1s."—he said, "Give us hold of it then," and I gave him one—the woman was standing in the room—she never offered to touch me—just at that time, the people in the room below sang out, "What it the matter young man, do you want a light?"—I said, "Yes, I do if you please, for I have been ill-used, and robbed of three half-crowns"—I missed the half-crowns from my left-hand waistcoat-pocket, at the roomdoor, before I got down stain—I had seen them not ten minutes before, as I came out of Whitechapel—I had just changed half a sovereign at Couts's wine-vaults in Whitechapel—when I called out, somebody came up and brought a light—I went down and sat in a chair, in Walker's room, for five or six minutes—I told him the same story—he then lighted me down stairs, I went and fetched a policeman, and gave the man in charge—I went to the room for the purpose of going with the woman, but I had not laid down with her—she called the male prisoner by name, and asked him to go out for a few minutes—there was no other woman in the room—Walker's wife lighted me down stairs—I was kicked all round my body—he could not kick my head, as it was under the bedstead—I was quite sober—I had not been drinking, except a quartern of gin-and-peppermint, with two friends—I did not know the prisoners before—I missed my money just as I was coming out of the room-door, not before—it was then that I called out to she people below that I was robbed—the man had let go of me then, and I was coming away—I felt in my pocket, and missed my money.
John Russell, I was not in the room when he came in—I was coming up stain, hearing a noise in the room, and found him lying * * * * * on the bed * * * * **, Witness. I am quite sure he is the man who was in the room when I went in at first, and she asked him to go out—he went out directly—I took particular notice of him—there was so light but the fire light.
RICHARD WALKER . I am a toy maker, and live at No. 9, Essex-street, on the first-floor. I have seen the prisoners once or twice going up and down stairs—they lodged in the house about two or three weeks, and pasted as man and wife. On the 21st of December, between ten and eleven o'clock, I was coming up stairs to my own room, and heard a noise—I stopped and heard somebody say, "Oh, dear, do not kick me any more, and I will give you a shilling, and behave like a man to you"—on hearing that I cried out "Holloa, mate, do you want a light?—he said, "Yes, if you please, and thank you too"—I pushed the door open, and told my wife to bring a light—she came on the landing and showed him a light down stairs—he came into my room and sat down, and said he was robbed of three half-crowns—I never saw him before.
WILLIAM CARR . I am a policeman. On the 21st of December, about ten minutes before eleven o'clock, I was fetched by the prosecutor to No. 9, Essex-street—I found the two prisoners sitting by the side of the fire up stairs—he gave them in charge—I took the man to the station-house, which
is two or three hundred "yards off, leaving the woman behind in the room—I found nothing on him but an old knife—I returned in a quarter of an hour or twenty minutes, and found the woman sitting by the fire—I searched the room all over very particularly indeed, but found nothing—I found on her a purse, 6d., and two duplicates—she said the prosecutor had given her the sixpence.
John Russell's Defence. I was coming up stairs and heard my wife making a noise in the room—I pushed the door open and * * *—he had one hand on her mouth—she could not speak, but was making a noise—he said, "Do not hurt me, I am wrong, here is a shilling, it is all I have got; if you like to go to a public-house I will give you what you like to drink"—I said, "Leave my room"—he went down, and Walker asked him why he did not go for a policeman and have me taken—he said, "I cannot, I am wrong myself"—Walker said, "I will go and get one, and you must swear he robbed you"—they got one and took me, and he said I had knocked him down and taken three half-crowns from him. Sarah Russell's Defence. I was coming home and met this man—he asked where I was going—I said "Home"—he said, "I will go with you"—I said, "No, I want nobody"—I went up to my room alone, unlocked the door, and when I went in he came in and said, "I have come on account of what I want of you, and what I want I will have"—he made no more to do but struck me, and pulled me on the bed—my husband came up stairs—he had one hand on my mouth—* * * *—he said he was very sony for coming up—he knew he was wrong.
JOHN RUSSELL— GUILTY . Aged 28.
ANN RUSSELL— GUILTY . Aged 27.
Transported for Fifteen Years.
First Jury, before Mr. Recorder.
ALEXANDER WEBB . I live at Teddington. The prisoner was employed on a farm which I occupy there—m consequence of information I required the prisoner to go to his room with me, and asked to search his box—he unlocked it in my presence—I found a quantity of new clothes, a handkerchief, a jacket, and two sovereigns—I asked how he came by the money—he said he had saved it at his last place—he afterwards made a communication to me—I told him he had better speak the truth—ten sovereigns and a half were found in a money box, which was in his large box, which he had opened with the key.
JOHN EADY . I am servant to the prosecutes. I missed six sovereigns from my box, which was in the same room as the prisoner's—I kept the key of the box—it must have been opened by a false key—I had seen the sixteen sovereigns on the 14th of October, when I counted them last—I had more money, but did not lose the rest.
HENRY MOORE . I am a police-sergeant I was sent for on the 17th to take the prisoner—examined his box and found a quantity of new clothes and ten sovereigns—I told the prisoner I must take him into custody—he began to cry and said he was very sorry.
NOT GUILTY .
464. JAMES JONES, alias Michael Hayes, was indicted for feloniously breaking and entering the warehouse of Joseph Tilley, on the 16th of December, and stealing therein, 1 copper, value 2l., his property.
THOMAS HALLETT . I am a cheesemonger. On Sunday morning, the 16th of December, about ten o'clock, I was applied to by Mrs. Tilley, to lock up her husband's warehouse, as he was in the hospital at the time—the warehouse is about a hundred and fifty yards from Tilley's house—it is a sort of broker's warehouse—there was a copper on the first-floor then—next morning (Monday) I went and found the street-door a-jar, the lock broken off, and put behind the door, and the copper gone—I went in persuit of the prisoner in consequence of suspicions, and found him.
Prisoner, I want to know what purpose the warehouse was taken for—it is my house—I rented it at 5s. a week—I have the key of it in my hand—I have witnesses to prove he gave me possession of it. Witness. I believe the prisoner was in Tilley's employment—he did not live in the house.
JOSEPH TILLEY . I keep a coffee-shop in Middlesex-street, Aldgate, and have a workshop in Garden-court, Petticoat-lane. The prisoner was in my employ—I employed him to take a few things into the house about the 11th of December—I am the tenant of the premises—I pay the rent, and hold it of the prisoner—he had possession of it at first, but gave up possession to me to put my goods in, so that, of course, when the rent became due I should have paid it—the copper is mine—I had paid for it—I had put it in to be fixed—I never gave the prisoner leave to take it.
Prisoner. I never gave him possession of the house—the copper is part of a private still, which J was part owner in with him. Witness. I was not—he had nothing to do with the copper, to my knowledge.
JAMES STOKES . I am a policeman. I was on duty in Webb-square on the 16th of December, about eleven o'clock at night, and met the prisoner with the copper on his shoulder—I asked where he was taking it to—he said to No. 9, Webb-square, to his own dwelling-house, and he had brought it from Ratcliff-highway, from Mr. Tatham's, the brazier—I said I did not think he had brought it from there—he said, "Well, you can very easily overlook it, it belongs to a relation—it belongs to the Excise"—I said I suspected it was stolen, and should take him to the station-house—he then said it had been repaired at Tatham's, and he had paid for the repairs—I went to Tatham's, and made inquiry, then returned, and charged him on suspicion of stealing it.
JOSEPH TILLEY re-examined. I had no partnership with the prisoner, nor any arrangement about any illicit still—the copper was to be used for various purposes, brewing porter, beer, or ale—I put it there partly for safety—the still, as it is called, is here—(produced)—the prisoner had no interest whatever in the business carried on there—he had no share in the concern—nothing was brewed in the copper, to my knowledge—I was away from the 12th—I was in the hospital on the 14th—it was there for protection, not to be used at that time—I bought it of Tatham's, a brazier, in Ratcliff-highway, and paid for it—it was repaired at Tatham's, and I paid for the repairs—the prisoner had no interest whatever in it.-Prisoner, About five weeks ago he came, and said, if I would take the house of him, he had a copper, which he would send to be repaired, and turn it into a private still, and give me one-third of the profit.
COURT to Witness. Q. Did you tell him so? A. Yes, according to what he wrote to me.
NOT GUILTY .
465. WILLIAM BABY was indicted for stealing, on the 14th of December, 1 sugar-basin, value 4l. 4s.; 1 pair of sugar-tongs, value 14s.; 1 soap-ladle, value 2l.; 1 hat, value 6s.; 1 pair of boots, value 8s.; 1 saltcellar, value 18s.; and 1 spoon, value 5s.; the goods of Nathan Jacob Calisher, in his dwelling-house; and afterwards, about the hour of two in the night of the same day, burglariously breaking out of the said dwelling-house.
NATHAN JACOB CALISHER . I live in George-street, Minories. The prisoner was in my service for about two years, and left about three months back—on the 14th of December, after leaving my house, I returned about half-past nine o'clock—I found the servants in great anxiety and excitement—they thought there were thieves in the house, and I found two officers in the house searching—I found a pair of half-boots in the cellar, which did not belong to any body in the house—I remained up all night, and all the servants as well—we searched the house three times that night—the next night we also searched the house, and took the plate and jewellery up stairs, when I went to bed, at half-past twelve o'clock—next morning I was called down by my servant a little after seven o'clock, and found a table-lamp burning, which had been extinguished the night before, some matches and a hammer on the ground, and a poker broken—I lost a hat and some boots—on going to bed I thought I had taken all the plate up stairs, but the silver sugar-basin and a soup-ladle were forgotten, and they were gone—some of them are marked with my initials—when I came down I found the patent blind down, and the parlour window open, but the street door was safe.
Cross-examined by MR. PRENDERGAST. Q. The prisoner was not living with you then? A. No—the robbery was not on the night the alarm was given-that was the night before.
ELIZABETH WLLIAMS . I am servant to the prosecutor. On the 14th of December I came down between seven and eight o'clock in the morning, and went into the store-room—I found the door and window left open, which I had fastened overnight myself—I had gone to bed about half-past twelve o'clock—I missed a great quantity of fried fish, some smoked beef, and three parts of an apple-pie—I found a hammer laid on the mat in the parlour that was usually kept in the warehouse—the parlour-shutters were open, and put back as they are in the day-time—I had left them closed and fastened—I found a table-lamp burning, which I had put out the night before—I found that lid of a lucifer-box near the lender, and matches scattered about the parlour—on the Thursday night I had found a pair of strange boots in the cellar.—I knew the prisoner when he was in my master's employ, and thought they looked like his boots, but I could not swear to them.
Cross-examined. Q. You are a little inclined to have your fortune told, are you not? A. I have had it told before now—I never had a fortune-teller in say master's house—I hive sever had ray fortune told bat once since I have been with Mr. Calisher, which is nearly ten months—I had it told then by a person who lives in the Commercial-road—I never had a person in my master's house—I knew the boots by the prisoner's foot—I thought they looked like his boots, and by his boots I accused him—they do not belong to the fortune-teller in the Commercial-road—it is not a man—I have only been there once, that is ten months ago—I was not there on Christmas-day—it was between seven and eight o'clock in the morning when I came down, it was towards eight.
FRANCIS MACLEAN . I am a City police-inspector. From information I obtained, I apprehended the prisoner at his mother's house, in Norman-court, Cable-street, between two and three o'clock, on Saturday afternoon, the 15th of December—he was sitting by the fire, in a room on the ground-floor, without any shoes on—I asked him where his shoes werehe said, "Up stairs," he would go and get them—I prevented him, and told his sister to go—she went, and returned, saying she could not find them—I said I thought I knew where his shoes were—he then said his mother had got them on—I found in his pocket some pieces of pie-crust, and a latch-key—I took him up stairs, and in a cupboard there, found a hat, with this silver sugar-basin, tongs and ladle in it, which Mr. Calisber, who went with me to the house, identified—I took the prisoner to the station-house, and requested him to try on one of the old boots found it the prosecutor's—he did, and it appeared to fit him.—he denied all knowledge of them.
Cross-examined. Q. He said they were not his boots? A. Yes; he had two or three old pairs up stairs, in his own house, similar to these—the boot fitted him, as an old boot would fit-a person, rather loose—I do not know whether it would have fitted me, I did not try it—there was nothing very remarkable about them—he went with me into the room, where I found the hat, and turned some things out of a little round basket for me to search—there was nothing in that relating to this robbery—the hat was in a closet, which was not locked—I asked him how he came by the things, and he said a boy had given them to him—he might have said the boy was to call for them, but I did not pay much attention to his story, not believing it—I do not recollect that he told me I might find the boy at the theatre—I think he said the boy was a weaver.
MR. CALISHER re-examined. This sugar-basin, sugar-tongs, and ladle, are my property—the prisoner had an opportunity of seeing them while he was in my service—he has cleaned them many times—this hat is also mine—I cannot say whether he has seen me wear it—I cannot identify the boots—the servant said she thought they were the prisoner's boots, and I thought I should lose nothing by going to see where he was.
(The prisoner received a good character.)
GUILTY of Stealing only. Aged 14.—Recommended to mercy.
Confined Twelve Months.
466. WILLIAM SIMPSON and WILLIAM FORBES were indicted for stealing, on the 7th of December, at St. Mary Magdalene, Old Fish-street, 1 cash-box, value 3s.; 3 bags, value 6d.; 9 sovereigns, 3 halfsovereigns, 18 shillings, 1 sixpence, 10s. in copper-money, and 2 £5 bank notes, the goods and monies of Daniel Staples, in his dwelling-house.
MR. PHILLIPS conducted the Prosecution,
WILLIAM PRTER . My brother-in-law keeps the Crown and Sceptre, in Old 'Change. Previous to the 7th of September, and on that day, I was assisting him in his business, as he had been unwell—about half-past seven o'clock that morning, a person came in and called for a glass of gin—he was immediately followed in by the two prisoners—they followed one another in as quickly as they could—the first person stood against the counter at the bar—when the prisoners came in I noticed all three winking together and nodding their heads at each other, and rubbing their hands, making
signs to each other—the prisoners consulted together to know what they should have, and Simpson asked for a glass of hot rum and water—I went a few steps to get hot water, having none in the bar, and as I returned' I saw the person who first came in and is not in custody, coming out of the bar—the prisoners were standing in the same position as I left them, leaning over the counter, the cash-box being immediately under where they leant—I asked Simpson what that person did in the bar—he looked very much confused and hesitated, and then said he thought he was our baker come in to warm his hands—I said he could not think that, as they were pals of each other—Simpson immediately asked me to draw him two glasses of ale quick—I drew them—he gave me a shilling, and I gave him eightpence out—they both drank some—I then immediately looked for the cashbox, and missed it directly—I said, "That chap has stolen the cash-box"—Forbes immediately left what ale was in his glass, and shot away out at the door—Simpson was leaving in the same way—I ran round and collared him—he said he would go out to look to his horse and cart—I said he should not till I got an officer—one was fetched, and I gave him in charge—Forbes has shaved some of his whiskers off since he was committed.
Cross-examined by MR. PRENDERGAST. Q. The prisoners came in together did they? A. Yes, very shortly after the other man—there was a good deal of winking—I do not know whether it was Newgate market morning—there was a cart outside belonging to somebody—Simpson was driving it I understand, but I did not see him driving—he brought a whip in in his hand—I always mentioned that they were pals—I was examined before, but all I said is not down—Forbes went out before Simpson—he did not wish him good morning before he went out—I never said he did—Simpson said he wished him good morning, but he did not—he told me in the bar before the officer came that he wished him good morning, but he did not—he said nothing at all—Forbes shot out of the door directly—he never said a word to him—I never saw Forbes before—it was about a fortnight before I saw him again—he was about half-an-hour in the house altogether—it might be rather more or not so much—I cannot say to five minutes—I was waiting on other customers—there were customers in the tap-room further back, and quite out of sight—it was about half-past seven o'clock in the morning that I missed the cash-box—I had the gas lighted—the other man was dressed as a grocer, with a long white apron on.
Q. Except from winking and that there was nothing to show them in company together? A. No, that was quite enough—I cannot say that I saw the other man exchange a word with Forbes—I saw them wink at each other when they came in—they winked twice—that excited my suspicion—I was hardly out of sight when I went to get the water—it was my place to fetch what they asked for—I was hardly out of sight.
COURT. Q. How soon before that had your attention been called to the cash-box? A. While they were in the place—I had given change out of it.
Cross-examined by MR. PAYNE. Q. Who had yon given change to? A. To a customer in the tap-room—I had seen the cash-box eight or nine minutes before I missed it—there was some bread on the counter at the time Simpson said he thought it was the baker had gone in to warm his hands—it was there before they came in—the man was not dressed like a baker—it was before I said that chap had stolen the cash-box, that Simpson ordered the ale—that is the truth—they drank part of it afterwards—it.
was one of the three went into the bar—the cash-box was not on Simpson—I do not know whether it was on Forbes, as he ran away.
DANIEL STAPLES . My house is in the parish of St. Mary Magdalene, Old Fish-street. On the morning of the 7th of December I was alarmed by my brother-in-law—my cash-box that morning contained 22l. 13s.—there was two £5 notes, and 8l. in gold in one small bag, two sovereigns and a half, and five or six shillings in another bag, and in a memorandum was thirteen shillings in silver and other loose money—I went for the officer who took Simpson into custody.
Cross-examined by MR. PAYNE. Q. How long before had you seen the cash-box? A. I gave it out to my brother about half-past six o'clock that morning.
JAMES CUTHBERT . I am an officer. I took charge of Simpson—there was a horse and cart at the door—there had been a name and address on it, but it had been daubed out by some kind of colouring—I could have read it by strictly looking underneath, but I did not—Forbes has alteted his whiskers since I took him into custody.
Cross-examined by MR. PRENDERGAST. Q. How has he altered them? A. They are not so thick by a great deal—I had a man named Palmer in custody, but who goes by the name of Harry Brown I believe—I took him because I found him in company with Forbes.
MR. PHILLIPS. Q. How came you to let him go? A. Pryer saw him and could not identify him—he never expressed the least doubt about Forbes—Palmer is not at all like Forbes.
Cross-examined by MR. PAYNE. Q. Did you search Simpson? A. Yes, and found 10s. 8d., a watch, and knife upon him.
COURT to WILLIAM PRYER. Q. Could any body have taken the cash-box before the man in the apron went into the bar? A. Nobody; nor was anybody else near the place—I am certain nobody could take it—I had not been in the tap-room—I had given change to a person who came out of the tap-room, out of the cash-box, but I had not been out of the bar—I could not have served above one customer during the nine minutes—I am quite positive nobody could have taken it till I turned my back to get the hot water.
JURY. Q. Was the change you gave the customer given in the prisoner's presence? A. Yes—I took it out of the cash-box and returned the box to its place—I did not turn my back after that before I went for the water—I gave the man the change over the counter—my attention was not drawn from the cash-box.
SIMPSON*— GUILTY . Aged 32.
FORBES*— GUILTY . Aged 28.
Transported for Ten Years.
NEW COURT.—Wednesday, Jan. 2, 1839.
Sixth Jury, before Mr. Common Sergeant.
467. CHARLES STRACEY was indicted for stealing, on the 21st of December, 1 counterpane, value 3s.; 1 blanket, value 4s.; 1 rug, value 3s.; 4 shifts, value 4s.; 3 night caps, value 3s.; 2 handkerchiefs, value 2s.; 2 pieces of linen cloth, value 9d.; and 1 pair of sleeve linings, value 1s.; the goods of John Phillips; to which he pleaded
GUILTY . Aged— Confined Six Months.
GUILTY .* Aged 19.
CHARLES HENRY COOPER . I live with Mr. Henry Worms, a boot and shoemaker, in Shoreditch. On the 19th of December I saw a pair of half-boots at the side of the door post, about twenty minutes past four o'clock—I brought the other things in and left them on the door-post—I twisted the string round the nail—when the door was shut they would be inside—I did not miss them till about six o'clock the same evening, when the policeman brought them—(produced)—these are them.
GEORGE KEMP (police-constable N 82.) I was on duty in Kingsland-road, about four o'clock in the evening, on the 19th of December, and saw the prisoners in company—I followed them for an hour and a half, when I met with a constable, and we stopped them—I found this pair of half-boots stuffed into Webb's breast—I asked where they got them from—Lewis said they came a long way from there—Lewis afterwards said they came from Shoreditch—I went down there and found the prosecutor—the prisoners both said they were guilty.
WEBB*— GUILTY . Aged 18.—Both Transported for Seven Years.
JAMES COPPARD WILLIAMS . I reside in Coleman-street. About four o'clock in the morning, on the 27th of December, I was in Fleet-street—I had been up all night—I was just parting with" a friend when I met the prisoner, and supposing I was locked out I was induced to accompany her to a place which I have since understood to be Shire-lane—I had no money about me, but I allowed the people of the house for their remuneration to pledge two rings, which they gave me the duplicates of—I slept with the prisoner, and in the morning I missed a breast-pin from my cravat—I had paid her 7s., and the landlady had 5s. or 6s. I think—that was out of what the rings fetched, which was 16s.—they were pledged I suppose about eight o'clock in the morning—I missed my breast-pins on dressing myself—I said it was little consequence saying any thing about it, I knew where they were—I said to the landlady's daughter down stain,." I have lost a ruby breast-pin, if I call in the evening perhaps you will give it me?"—I intended to think no more about it—but on reaching Cheapside, a little after eleven o'clock, I missed a gold pencil-case—I immediately went to my inn, dressed myself, and went to Bow-street office—the inspector referred me to Matthews, who eventually took the prisoner into custody—these are my pencil-case and breast-pin—(looking at them.)
JOHN CLARIDGE . I am shopman to Mr. King, a pawnbroker, in High I Holborn. This pencil-case and pin were offered in pawn on the evening of the 27th of December, by the prisoner—she first offered the pin—I offered her money—she agreed to take it, and then she offered the pencilcase for 3s.—I asked her where she got them—she said they were her husband's—I said I should detain the property till she fetched her husband
—she came back in half an hour, and said her husband could not come that evening, and demanded the property.
SAMUEL MATTHEWS (police-constable T 29.) I went to No. 2, Shire-lane—I remained there a short time, and the prisoner came in—I told her she must go with me to Bow-street for a breast-pin and pencil-case—she cried, and said she hoped I was not going to lock her up, and that they were at Mr. King's, in Holborn.
Prisoner's Defence. I never saw them in the gentleman's possession—I was in the room three-quarters of an hour, and was dressing myself when I found them—I went down and said, "I have found the pin and a pencil," and would save them for the gentleman, as he said he would see me in the evening—I went to pledge them for a few shillings, and they were stopped—I went in the evening to see the gentleman—he was not there—I said I would call again—I went, and the policeman was there.
JAMES COPPARD WILLIAMS re-examined. I had been drinking in the evening, but I recollect using the pencil-case in presence of the prisoner and the servant—I have a memorandum now in ray pocket to prove it.
GUILTY . Aged 25.—Recommended to mercy by the Jury.— Confined Three Months.
THOMAS CLARK . I am a butcher, and live in Nassau-place, Commercial-road. The prisoner was my servant—it was his duty to receive money for me, and pay it me as soon as he came back—that was my invariable rule—if he received, on the 15th of December, 3s. 3d. he has not paid it to me, nor 8d. on the 24th, nor 5s. 8d. on the 25th—if he received them on those days he ought to have paid them on those days.
GUILTY . Aged 17.— Confined Six Months.
471. MARIA SMITH was indicted for stealing, on the 22nd of October, 18 yards of linen cloth, value 18s.; 2 1/4 yards of lawn, value 6s.; 21/4 yards of silk, value 3s.; 1 table cover, value 15s.; 1 shirt, value 3s.; and I spoon, value 5s., the goods of Ann Lambert, her mistress.
ANN LAMBERT, JUN . I live with my mother, Ann Lambert; she is a widow, and lives in Poland-street. The prisoner was in her service, and left us on a Saturday—I cannot tell what day of the month—we expected her to come on the Monday, but she did not—we lost the articles stated—this black silk is my mother's, and this spoon, (looking at them), and these pieces of linen cloth—they are different remnants—my mother is a dressmaker.
FREDERICK NORMAN . I am a pawnbroker, and live in Paddington-street. I produce this silk, this spoon, and these remnants of cloth—I cannot swear who pawned them, but these are the duplicates of them. GUILTY . Aged 33.—Recommended to mercy by the Prosecutrix. Confined Six Months.
(There was another indictment against the prisoner.)
JAMES POULTER . I live in Skinner-street, Somers Town, and am a boot-maker. The prisoner worked for me, for about six months, as a binder—she came to my house on the afternoon of the 28th of December, between four and five o'clock, and brought home her work—I was busy serving a gentleman—my wife, who was in the shop, took the prisoner's work, and said to her, "What are you fidgetting about, we have lost two or three pairs of boots?"—the prisoner said, "I have frothing but what belongs to me"—I then took hold of the prisoner, drew her towards me, and these boots fell from her, down at my feet—she said, "Don't send for a policeman, I did not intend to take them"—they had been taken from a book in the shop three or four feet from where she dropped them, and her back had been towards them.
Prisoner, I am very sorry for it—I never took any thing before in my life.
GUILTY . Aged 53.—Recommended to mercy by the Jury.
Confined Three Months.
WILLIAM ALLWAY . I live in Cartwright-square, and am in the service of Mr. John Ballinghall White, of Upper East Smithfield. On the 28th of December, at half-past four o'clock, I was standing in the middle of my master's shop—I saw the prisoner come to the door and take a firkin of batter away—I instantly ran out, and caught him turning the corner of a court, about twenty yards from our door—I laid hold of his collar—he dropped the firkin between us both, and said he did not take it, he did not do it—I took him back to the shop and gave him in charge—this firkin was rolled back to the shop by our boy—it is my master's.
GUILTY . Aged 24.— Confined Six Months.
No. 44. This sheet, blanket, and quilt, are my husband's property—(looking at them.)
MARY ANN WILSON . I live at No. 52, Charles-street, and have the care of No. 44, for Mr. Wood. The prisoners came to me on Thursday week to hire a room at No. 44, which I let them—I took up to that room a pair of sheets, a quilt, and a blanket—they hired it for one week, and then the policeman brought the key—I went into the room, and there was only one sheet left—these are the things.
Mary Williams. We did pawn the quilt, but we were in great distress—I had pawned every thing off my own back to pay the landlady—she lives on the prostitution of poor girls.
SOPHIA WOOD re-examined. I never knew the prisoners, but I was told to be cautious of them—we have seven houses in that street, and let them to poor people—I do not allow them to be let to unfortunate women if I know it—there may be some such there now—I cannot tell what they do out of my sight—I never let them a room without they say they live with a man.
MARY ANN WILSON . I live at No. 52, in-Charles-street—that is Mr. Wood's—there are nine rooms in it, and nine lodgers—men and women—many of them sell things in the street—some of them are hard-working people, I believe.
MARY WILLIAMS— GUILTY . Aged 20.
MARIA WILLIAMS— GUILTY . Aged 21.
Recommended to mercy by the Jury.— Confined One Month.
WILLIAM GARRATT . I live on Little Tower-hill, and am a publican. I had a bag with about 50lbs. of hops at my house on the 22nd of December—I saw them safe in the middle of the day—they had a large showboard before them—I missed them that day, and on the Wednesday following the policeman gave me information—I can swear to this bag in which these hops are, and the hops correspond with those I lost that day.
CORNELIUS FOAY (police-constable H 98.) I was on duty on the 24th of December—about ten o'clock at night. I saw the prisoner in a cab, in Osborne-street, Whitechapel—I followed the cab a long distance—at last he was going towards Petticoat-lane—when the cab stopped he got out, and was going to take this bag out of it—I went up and asked what he had got, he would not tell me, but I insisted on knowing, and he made an attempt to get away—I again asked him what he had got, and he said, a bag of hops which he was going to take to a public-house in Petticoat-lane, but he did not know the sign, nor the landlord's name—I took him.
Prisoner. I was ordered by some strange person in Ratcliff-highway to take them to the last public-house in Petticoat-lane—I get my living by portering.
GUILTY . Aged 83.— Confined Six Months.
477. GEORGE EVANS was indicted for stealing, on the 27th of December, 1 veil, value 6d.; 2 bottles, value 4d.; 8 pints of wine, value 6s.; 1 waistcoat, value 6d.; 3 stocks, value 6d.; 1 printed book, value 1s.; I map, value 1s.; 1 pocket, value 3d.; 1 pieture, value 1d.; 1 cigarcase, value 1d.; 1 card-case, value 6d.; two razors, value 1s.; 2 toothbrashes, value 2d.; 1 pen-knife, value 6d.; and 1 tobacco-stopper, value 1d.; the goods of Robert Passmore, his master.
WILLIAM PASSMORE . I conduct the business at the Archers public-house, in Osborn-street, Whitechapel, for Robert Paasmore. The prisoner was waiter there—on the 27th of December I went up stairs, as I required something out of a large chest—I found the chest had been broken open, and the principal part of the contents gone—suspicion fell on the prisoner—I called in a policeman, and desired him to go and open the priaoner's box, where he found a great many things—I have lost wine out of the cellar, also three coats, and a number of other things—the articles found in the prisoner's box are mostly mine, but the rest are-Robert Passmore's.
Cross-examined by MR. PATNE. Q. Where is Robert Passmore? A. I do not know whether he is in town or not—he was it home on Sunday last—I live there with his mother—his name is in the licence—this printed book it his—this map, this picture, and other things—they had been in the chest up stairs, and were found in the prisoner's box—I had seen them safe fortnight or three weeks before—Emma Williams was living in my service—I do not know of any dispute between her and the prisoner—she did not make any complaint to me—Robert Passmore is my son-in-law—I am not in partnership with him—I have no interest in the concern at ail—I am doing the business for him—I make use of the money for purchasing articles, and I hand him the general account.
EMMA FRANCES WILLIAMS . I am servant at the Archers On Thursday morning last I saw the policeman take part of this property out of the prisoner's box—about five weeks ago, I saw a bottle of sherry wine in the prisoner's room; and about three weeks ago I saw two bottles there, with about one glass out of each—I accused the prisoner of it—he first told no he bought it in Leadenhall-street, and paid 6s. for it—he must have taken them out—they are not here now.
Cross-examined. Q. Did you tell your mistress about the wine you discovered five weeks ago? A. No—I asked the prisoner last Thursday where he got it—I had not asked him before—I asked him then, because the bar-maid's box bad been opened, and 3d. taken out—the lock of my box had been spoiled—I said there was some thief in the house—I had no. quarrel with him about fetching coals—I did not as; I would get him out of his place.
JOHN FFALAN (police-constable H 136.) I was sent for, and went up to one of the back rooms—I looked at the chest—it had evidently been opened with a screw-driver, and some wearing apparel taken out—I found the articles produced in the prisoner's box.
NOT GUILTY .
JOHN ANDERSON . I am a tailor, and live in John-street, Limehouse, I had some cotton for sale inside my shop, on the 28th of December—there were twelve or thirteen yards, which I saw safe about five or six o'clock in the afternoon—I did not miss it till the officer called about eight o'clock, and produced a piece cut off the corner of my cotton—I knew it to be mine—this is the piece I lost—(looking at it.)
GEORGE FAIRBRASS . I live in Richard-street, Limebouse, and arm a leatherseller. I was going through Stepney-churchyard about seven o'clock in the evening, on the 28th of December—I saw the prisoner and two others—the prisoner had something under his arm—I followed them till they came to the Maid and Magpie, where they joined three or four more—I then went and asked the prisoner what he had got—he threw down the bundle, and ran off—I took it up, and followed him, crying "Stop thief"—a young man stopped him, and I went up, and took him to the station-house—this cotton was in a handkerchief, which he said was his neck-handkerchief, and he put it round his neck.
Prisoner's Defence. I was going down Catharine-street, and a man asked me to carry this to the Maid and Magpie.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined Three Months.
JOHN STAYNER, JUN . I am the son of John Stayner, a builder, opposite the one-mile-stone, Mile-end-road. The prisoner was in his service—we lost this leaden part of a pump—I missed it on the 25th of December—I had seen it a fortnight before—the prisoner had no business with it—this is the lead.
GEORGE MARKHAM (police-constable K 96.) On the 25th of December, about a quarter-past six o'clock, I met the prisoner in the Mile End-road, apparently with something under his arm—I asked what he had got—he said, "Nothing"—I said, "You appear to have something, what is it?"—he said, "It is lead"—I-said, "Where have you been fetching it from?"—he said, "From a plumber, in the Mile-end-road"—I asked who sent him—he said his master—I took him to the station-house—I then asked him who his master was—he said, "Mr. Stayner"—I fetched Mr. Stayner, who identified it.
Prisoner. A man told me to go and take it.
GUILTY . Aged 20.— Confined Three Months.
ROBERT ABRAHAM MORRILL . I am in the employ of Mr. Thomas Vesper and another, pawnbrokers, in Sidney-place, Commercial-road. About six or seven o'clock, on the evening of the 21st of December, I was outside the shop, and saw the prisoner talking to a female—he was walking up and
down the shop-front—after the woman had left him a few paces, he pulled a coat down, and let it drop—he let it remain a minute or two, then picked it up, and walked across the road—I told the salesman where the coat went from—the officer, in the mean time, brought the prisoner and the coat.
GEOEGE MARKHAM (police-constable K 96.) I was in the Commercial-road, about seven o'clock, on the 21st of December, and I saw the prisoner taking with a female, at the end of Mr. Vesper's shop-front—after she had left him a minute, I saw him run from the shop with something under his arm—I took him with the coat, and asked what he had got—he said, "It is that I have just picked up"—I said, "I must take you back, and see if Mr. Vesper will believe that."
Prisoner. Q. Did J not stop? A. Yes, when I was within about a yard of you.
Prisoner's Defence. I picked it up—I thought you was the person belonging to it, as you were in private clothes.
GUILTY . Aged 38.— Confined Three Months.
ZACCHEUS HAMPTON . I live in Bunhill-row, and am a shoemaker. Between eight and nine o'clock, on the 22nd of December, the prisoners came to my shop, and asked me to show them a pair of shoes—I was about to show them a pair—they told me it was not of that description, it was an old pair of boot-bottoms, to suit the prisoner George—I sent my little boy down in the kitchen to get a pair—they said it-was immaterial, they would call again, and left—I immediately missed two shoes from the window-ledge—I went in pursuit, and they came back with me—previous to sending my little boy down, I heard William speak to some person outside the window, and as I had lost a pair about a week before, I gave charge of the prisoners, but did not find the shoes—I had seen them safe five minutes before they came in—no one else had been in the shop from the time of my placing the shoes there, and missing them—I heard William call out," Harry," and then William came up to me—at that time George had an opportunity of handing them from the window-ledge, to any person outside.
William Simmons. He showed a pair at 4s.—we told him that was too much, as my brother had but 8s. 6d., and had half-a-crown to take home—he showed us another pair at half-a-crown—my brother said, "Tie shoes don't suit"—we said, "Never mind," and had not got three doors, and this gentleman came out and said, "Have you seen a pair of shoes since you have been in my shop, or taken a pair?"—I said, "No"—he said, "I have got suspicion of your taking a pair, will you allow me to look under your jacket?"—we said, "Yes, and welcome," and he looked under our jackets—he then set us at liberty—we might have gone where we liked—he went back to his shop, and we went back to the shop to know if he would take 2s. for the shoes he had asked half-a-crown for, and his mother persuaded him to give us into custody—he did not see either of us go out of the shop. Witness. Immediately that they left I missed two shoes, and followed them—my impression was that the third person, standing at the door, took them—they offered to pay me for the shoes when I took them into custody.
William Simmons's Defence. I had been to a person, who owed me 1s. 6d., and he paid me 1s. of it—he was very drunk, and I said to my brother, while we were in the shop, "There is Harry gone by drunk"—that was all that passed—when we got to the station-house, the prosecutor asked the Inspector whether he thought it was proper to lock us up—the Inspector said he had nothing to do with it.
George Simmons. The prosecutor gave me a chair to sit down by the parlour-door, and I had no opportunity of taking them.
ZACCHEUS HAMPTON re-examined. He was close to them, and had every opportunity of taking them, and the shop-door was open while William Simmons came to the front of me, and spoke to me—I said to the prisoner, "If you can satisfy me as to what you are, I will go no further in it," and then I sent for the policeman.
482. JOHN BURROWS and WILLIAM HARRISON were indicted for stealing, on the 24th of December, 1 half-sovereign; 1 half-crown; and 1 shilling; the monies of Edward Winter, from the person of Eliza Winter, the younger.
MR. BALLANTINE conducted the Prosecution.
ELIZA WINTER . I am the wife of Edward Winter, a weaver, and live at No. 7, Providence-place, Crabtree-row, Bethnal-green. He was a City watchman for nine years—on the night of Christmas-eve I met my husband in the City—he gave me a half-sovereign, a half-crown, five shillings, and one sixpence—that was 18s.—I called at two public-houses—I then went to the Star beer-shop, in Crabtree-row—I called for a pint of ale, they would not serve me—when I came out I found I had drunk rather too much—I fell down opposite the beer-shop door, as far as I can recollect, and let the money fall out of my hand—I know Burrows's face by his bringing me home—he was a policeman.
Cross-examined by MR. PRENDERGAST. Q. Did you not get a pint of ale? A. No, I was quite overcome—I had no victuals to eat all day, and when I went to meet my husband he told me to go to a public-house facing the Post Office to wait for him—while I and my cousin sat there, we had three pints of fourpenny ale, and that we did not drink all ourselves—it was for want of food that it overcame me—we called at a shop in Sun-street, and had half-a-quartern of rum—we walked until we came to Shoreditch, when we had two more half-quarterns—I do. not know that I dislike the police—my husband is not a watchman now, he was on Christmas morning—this was the day the police turned off my husband—I do not know that my little girl hates the sight of a policeman.
Cross-examined by MR. JERNINGHAM. Q. Had you ever seen Harrison before? A. I do not recollect seeing him—I recollect falling down—I recollect nothing else, but being taken home.
ELIZA WINTER, JDN . I am just turned eleven years old. I remember on Christmas Eve my mother going to meet my father in the City—I was left at home to mind my two little sisters—I went to bed at nine o'clock—some time after that I heard a knocking at the door—I think it was past eleven o'clock—I got up and opened the door—I saw Harrison, and another not in custody, and the policeman Burrows walking behind—he was
dressed as a policeman—they brought my mother in, and Harrison and the person not in custody sat her down on a chair—the man not in custody told me to bold out my hand—I did so, and he put one half-sovereign into my hand, and asked what that was—I told him—be then put one half-crown, and asked what it was—I told him—he then put one shilling, and be asked how much that made—I told him twelve shillings, and eighteenpence—the two prisoners were standing by, and heard what was said—the man who gave it me said it belonged to my mother—he said be picked it up—he told me to take care of it until my parents were sober—they all then left the house, and shut the door after them—after that Harrison and the policeman Borrows came back, and another person waited outsider—Harrison came op to the table, and said I was to deliver the money up to him—I said I would not, and the policeman Burrows said I must deliver it up to him, because be was his Inspector—I did so, and Harrison said he would bring it to my father in the morning—they went out and shut the door after them—my mother got sober about four o'clock in the morning, and I mentioned this to her directly she was sober—I am quite sure the prisoners are the two persons that came to our house that evening and brought my mother home.
Cross-examined by MR. PRENDERGAST. Q. Do you go to church? A. Yes, when my mother can spare me—I go to chapel at the Sunday-school—I saw Burrows again after the Christmas eve at the Spitalfields station-house—I had seen him at a beer-shop first, one day when I was going for some porter for my mother, at the Star beer-shop in Crabtree-row, about one o'clock one day—I cannot tell the day—it was about a fortnight before Christmas eve—I could only see his face—that was the day I went for the porter for my mother—I looked is him—nothing took place between us—I saw him afterwards on the night of Christmas eve—it was very late and dark—I had a candle alight in the room—I had been asleep, and was awoke by the noise at the door, when they brought my mother home—the man not in custody counted out the money into my hand in the presence of the prisoner—I did not know Harrison before—it was three minutes before they came again, not mere—the other man was outside—his name is Gander—I saw him outside when they went away—I saw Gander on Christmas morning, at Spitalfields station-house—be was not taken up—he was there—he came in after Harrison and the policeman—that was when I went to see if I recognised the men—when they came in the second time they did not stay long—they went away up the yard, and Gander went with them—I cannot tell at What time I went to the station-house—it was in the forenoon.
Cross-examined by MR. JERNINGHAM. Q. YOU sever saw Harrison before that night? A. No—I was in bed when they knocked at the door—I was startled—they did not stay long on the first visit, only while they gave me the money, and sat my mother in a chair—they came back in about three minutes, and staid only two or three minutes—except during those six minutes, I never saw Harrison before. MR. BALLANTINE. Q. There were three persons who brought your mother home? A. Yes, and Burrows the policeman, and Harrison, came back to ask me for the money, and another person was outside.
lodgings, No. 2, Hanover-court—I found him in had—I first asked him if he had seen a woman in Crabtree-row, drunk the previous night, about eleven o'clock—he said he did—I asked him if he saw her home to No. 7, Providence-place—he said he did—he said he showed two gentlemen a light down the steps to see the woman home—I then asked him if he knew any thing of a half-sovereign, a half-crown, and one shilling, given to the little girl—he said he saw them given to the little girl by one of the gentlemen, and that gentleman he did not know—I then took him to the prosecutrix's house—the child Eliza Winter saw him, and said, "That is the man"—I took him to the station-house, and in consequence of other information, I sent for Harrison—he came, and I detained him—I told him these circumstances—he said, he picked up the money out of the dirt, in Crabtree-row, took it home, and gave it to the child—Burrows was a constable of the H division—I searched Harrison, and found 6*. on him, and on Burrows, 3d.
Cross-examined by MR. PRENDERGAST. Q. This was on Christmas morning? A. Yes, he said he desired the girl not to part with the money to any person, but her parents, and that was all he knew—I have known Burrows eight years and a half, from first seeing him, but he was not in the same division—I never heard any thing against him.
Cross-examined by MR. JERNINGHAM. Q. You sent for Harrison? A. Yes—I asked the woman who kept the Star public-house, if she knew him—she said she did, and I said, could she send her little girl for him, and she did—I then took Burrows to the prosecutrix, and on my retail I met Harrison going to the station-house—he might have gone away, certainly.
MR. PRENDERGAST to ELIZA WINTER, JUN. Q. When you went to the beer-shop who served you with beer? A. The lady's little girl, and the lady was there.
MR. BALLANTINE.Q. And is she in this Court now? A. Yes, she is.
MR. PRENDERGAST called
MRS. EADINGTON. I keep the Star beer-shop, at No. 8, Crabtree-row—this girl Eliza Winter has come once or twice for beer—I never had Burrows in my house—he was not there within a week or a fortnight of Christmas-day—he was never once in my house—I am always there except I run up-stairs—I never saw Burrows there.
MR. JERNINGHAM. Q. YOU know Harrison? A. Yes, for nearly three years—I have seen much of him—he has always borne a very good character.
MR. BALLANTINE. Q. Do you know Burrows? A. By his being on the beat, and calling my husband every morning—he knocks at the door—I have known him in that way between six and seven months—I have kept the shop nine months—I have a little girl that I keep—I cannot remember seeing the prosecutrix's daughter before—I have had no conversation with Borrows except saying "A fine evening" occasionally when I was standing at my door—he did not stand at my door—he never was in my house—it is eight months since I asked him to call my husband—that was where I live, at No. 3, Crabtree-row—I set my little girl to watch for him—she did not bring him in—I crossed the road as he was going on the opposite side, and asked him to knock at the door every morning at half-past six o'clock—my husband is never alone at our house—I am very rarely out
—the little girl I keep is quite a child—I cannot leave my business to her—I never gave Burrows a drop of beer for awaking my husband—he never bad any at my house—I have not seen him since this charge—I saw him on the Christmas morning when brought to my house—the charge had been made against him then—I had no particular conversation with him—the conversation was this, Mr. Burrows asked me if I did not hear him say, "I will have nothing at all to do with the money," I answered, "Yes" —that was all the conversation we had—I had heard him say those words on Christmas-eve about five minutes before eleven o'clock—he said so to Harrison—there were a great number of persons round—I had not seen the money picked up—I did not know what money he alluded to—I came ken to-day as a witness for Mr. Harrison—I was not subpoenaed by him—I was not told I should have any thing to say for Mr. Burrows—his name was not mentioned—I have had no conversation about the evidence I have given to-day—nothing has been said about the girl Eliza Winter coming to my house—I have not been asked whether Burrows dame to my house—I have been in Court all the time of this trial, and have heard the evidence.
MR. JERNINGHAM.Q. Did you come for any other reason than as a witness for Harrison? A. No.
MR. PRENDERGAST.Q. Had you in fact been called by any body at all on the part of Burrows? A. No—Mrs. Winter was brought to my shop by a man on Christmas-eve—I would not let her have any ale—I considered she had had enough.
MR. BALLANTINE called
EDWARD WINTER . I am the father of Eliza Winter—I know Burrows—I know the Star public-house—I am not in the habit of going to the Star—I go past it—I can say positively that I saw Burrows in that house once—that is about a month ago—I know the woman who keeps the Star—I cannot say whether she was there at the time Burrows was.
Cross-examined by MR. PRENDERGAST.Q. You saw Burrows in the public-house? A. Yes, once I can be positive—it was about four o'clock in the afternoon—I did not see any body particularly with him—he was against the bar—I saw him as I passed—the house door was open—I was not out drinking on Christmas-eve—I am not a drinking man—I was on duty on Christmas night, for the last time, unfortunately for me—I have been nine years on duty—I was turned out because I am a bad scholar—I did not notice whether Mrs. Eadington was in the beer-shop when Burrows was—she might have been there or might not.
NOT GUILTY .
Fifth Jury, before Mr. Sergeant Arabin.
483. JOHN WIGGINS was indicted for stealing on the 4th of December. 500 bricks, value 15s. the goods of John Faulkener, his master:—also, for stealing, on the 7th of December, 500 bricks, value 15s., and 500 pieces of bricks, value 5s. the goods of John Faulkener, his master; to which he pleaded.
GUILTY . Aged 37.—Recommended to Mercy.
Confined Twelve Months.
JOSEPH SKINNER . I am an upholsterer, and live in Whitechapel-road On the 5th of November, I lost a looking-glass and stand, which was standing near the door—on the 10th of December, from information, I counted my tables and missed one—I applied for a search warrant, and went to search a house in a court in Essex-street—I did not know the prisoner then, but I found her there, and she said she lived there—I found this table and glass there, which are mine—we asked the prisoner if any other person lived in the house—she said no—she kept the house—we took her into custody.
Cross-examined by MR. PAYNE. Q. HOW many tables had you of this description? A. Five, but not two alike—I do not know what day this table was taken—the last time I saw it, it was at the back end of the shop, towards the parlour—I will not swear it was not safe on the 9th of December—I know this glass by a private mark on it, an "N" at one corner, which I made myself—I cannot tell how many glasses of this description I had—I should conclude the other glasses were sold—this one was not told, far at the time of my purchasing them, I made a calculation on the back of this one, of what I gave for them—I know this glass was standing in my shop on the 5th of November, and there was not a glut sold that day—I will swear I saw this glass in the shop that day—it might be at breakfast time—I will not say what time I saw it, nor when I saw the table last—I know this table, because I have one of the feet of it at home, and by the worm holes in it—I think I have not sold any of these tables—I have not counted them since the 10th of December.
MART LEWIS. I am servant to Mr. Skinner. About five or six weeks. ago I remember a man and woman being at his shop—the man cane into the shop and asked some question, the woman who was the prisoner was at the next shop—I did not see them go away, but my mistress came out and said, "I will be bound there is something gone," and the looking-glass was gone—it had been there a few minutes before.
Cross-examined. Q. There could not have been a table taken at that time? A. Not that I know of—we did not see it taken—I had new seen the woman before—I did not see the person go away—about an born afterwards the man and woman went by, but they had nothing with them—my master did not say it was not worth while taking the man—he was not there—I saw the woman's face when she was at the bonnet shop window—the man asked the price of a fender—my master was not there—when they afterwards passed I did not hear my master say it was not worth while taking the man—this paper—(looking at her deposition)—was read over to me, and what was read was correct—I did not say, "He had no glass with him, and master said it was not worth while taking him then"—I told my master after they had gone by, and he said so an hour afterwards—I said that the woman went away with the man, because we saw him and her afterwards again—I did not go outside after we missed the glass, and see the woman standing at the bonnet shop—I did not see bet go away with the man.
MARTHA SKINNER . I am the wife of Joseph Skinner. I was in the parlour getting tea on the 5th of November, Lewis came in and asked me the price of a fender—I went out to give an answer and the man had disappeared—about an hour afterwards the man and woman passed the
shop—I had no one in the shop—I sent my little girl and boy after them to look at their persons—I cannot say when this table was taken—it stood, I believe at the back of the shop, but this glass was on a table near the door.
Cross-examined. Q. You saw this man and woman go by? A. I did not know them, but I heard they went by.
THOMAS BENJAMIN BAKER SKINNER . I am seven years old. I am the prosecutor's son—I was standing at the door and saw the prisoner and a man, they said "Let us go and ask the price of a brass fender"—the man came to the door, and the prisoner was standing at the bonnet shop window—when the man went away the prisoner went, and when my mother came out we missed the glass—the prisoner ran after the man over to Great Garden-street, and at the corner of that street the man put something under the prisoner's shawl—I am sure she is the woman.
Cross-examined. Q. Where were you standing? A. Just inside on the sill—I did not see the man go away—I looked to see what they were doing, and they were both gone—the man had stood just outside—I beard him ask Lewis the price of a fender, and she went in—I was about a yard from the man but I did not see him go away—Whitechapel-road is ray wide—there are stalls at the corner of Great Garden-street, where fish and things are sold.
MR. PAYNE read from the deposition of Mary Lewis, as follows:—"The glass was inside the door—I went outside when we missed the glass and saw this woman standing at the bonnet shop next door—I saw her face—I am positive she is the woman, and the went away with the man who asked me the price of the fender."
(Mary Richardson, of Cricks-court, Essex-street; Ann Stevenson, wife of a law-writer, in Cricks-court; Benjamin Dutch, a shoemaker, in Cricks-court; and Mary Roberts, of Angel-court, Houndsditch, gave the prisoner a good character.)
GUILTY . Aged 22.— Transported for Seven Years. (There was another indictment against her.),
HENRY TRISTON BLADER (police-constable E 51.) I was on duty in Southampton-street, Fitzroy-square, on the 27th of December, and saw the prisoner take this carpet broom from a shop door—he went off—I pursued—he dropped the broom about five yards from the door, and went on further and dropped a blue bag—I then took him—he said he had got nothing—I brought him back, and a boy gave me this broom.
GUILTY . Aged—.— Confined Three Months.
486. WILLIAM THOMPSON was indicted for stealing, on the 25th December, 1 coat, value 1l.; and 1 knife, value 6d.; the goods of John Gardner; and 1 pair of trowsers, value 10s., the goods of Kenneth M'Donald.
JOHN GARDNER . I am a seaman. I was lodging in Old Gravel-lane—on the 25th of December I missed a coat from the peg on which it had hung in the sitting-room—the prisoner had come there the night before, asking for a lodging—I never saw him again till at the Thames Police—I lost my coat, and a knife in the pocket of it, a shirt, a jacket, and a silk handkerchief—I have not found any thing since, but the knife.
WILLIAM M'CULLOCH . I am a mariner; I keep this house in Old Gravel-lane. On the night of the 24th of December the prisoner lodged in a sleeping-room up stairs, and went away the next morning—on the night of the 27th I found him secreted behind a door in the mess-room, between twelve and one o'clock—he had a great coat on, but it was not taken from my house—I lost property from my house between the 24th and the night the prisoner was found.
KENNETH M'DONALD . I am a sailor. On the 24th I slept at M'Culloch's, the prisoner also slept there—the next morning, between seven and eight o'clock, I found him in my room—I asked him what he was doing, he said, putting on his clothes—he had no right to be there—he was not sleeping in that room—I went out with him, and he took a great coat off a nail—I cannot say whose it was—I lost a pair of trowsers—none of the things have been found.
Prisoner. I know nothing about the knife nor the coat.
GUILTY . Aged 22.— Confined Three Months.
DAVID SOLOMON . I keep a clothes-shop in Marylebone-lane. On the 24th of December, about eight o'clock in the evening, I left my shop for a short time—a person came, and gave me information—I went home, and missed two suits of boys' clothes, two jackets, and two pairs of trowsers—I ran out, and as I returned I met the prisoner, about a quarter of an hour after I heard of the robbery—he had a bundle—I asked him what he had got in it—he said a pair of trowsers—I asked him to let me look at them—he appeared unwilling to do so—I took it from him, and found in it these things of mine—he was walking away from my house—he said a boy gave them to him.
NOT GUILTY .
JOHN KING . I live at Brentford, in the parish of Ealing. The prisoner was living with me—I did not miss my waistcoat till last Sunday morning—I suspected the prisoner—he was asked what had become of it, and said
he knew nothing about it—I found it at the pawnbrokers; and it was delivered up to me—I came back to the prisoner, and said, "Tell me where the other things are that I have lost, and I will not press the thing against you"—he then told me that he had taken the waistcoat, and pawned it—this is my waistcoat—(looking at it)—he had been with me from three to four months.
THOMAS POYNTON . I am a pawnbroker, and live at Brentford. I took in this waistcoat of a boy, in the name of John Taylor—he said it was for hit father—I think it was the prisoner, but I could not swear to him.
Prisoner. My master said, if I did not say I did it he would charge me with the police, and then I said I did take it, but I know nothing about it.
GUILTY . Aged 16.— Confined Three Months.
ZACHARIAH RICHARD CATCHPOLE . I keep a cheesemonger's shop in Cable-street On the 29th of December, about twelve o'clock at night, a person asked if I had lost any thing—I turned, and missed this piece of pork—I ran about twenty yards, and found the prisoner with it under his apron—the moment I laid hold of him he said, "Here is your pork, take it—tike it"—I said I should take him—I took him back, and gate charge of him—this is my pork.
GUILTY .* Aged 52.— Transported for Seven Years.
HENRY WILLIAM BROOKS . I am a poulterer, and live in Bath-street, City-road. On the 28th of December, about eight o'clock in the evening, the prisoner Scott came in, and asked me for sixpenny-worth of halfpence, which I gave him for a sixpence, and he passed by the window where the geese were hanging—directly he got out I missed a goose from the window—I went to the door, and directly after the policeman came by, and I told him what had happened—I was fetched to the station-house that night, and there I saw the two prisoners and the goose—Thomas had been in the shop about five minutes before Scott, to ask the price of some pork.
Thomas. Q. Did you see me come in? A. Yes, I have not the slightest doubt of it.
MATTHEW PEEK (police-constable G 198.) I was on duty in Brick-lane, on the 28th of December, and I saw the prisoners go down Seward-street—I followed them—I got before Thomas, and ran after Scott—he turned, and threw this goose at me—he got away—I turned, and secured Thomas, and cried "Stop thief" after Scott—I took Thomas to the station-house—he gave me his direction at No. 3, Silver-street—I went there, and found Scott—neither of the prisoners had any handkerchiefs on their necks, and round the neck of the goose there were three handkerchiefs—I had seen them go into another pork-shop.
(Property produced and sworn to.)
Thomas's Defence. I saw some person chuck a goose down, and heard
an outcry of "Stop thief"—I stopped at the spot, and at that moment the policeman took me—this prisoner is not the man who had the goose.
Scott's Defence. I was sitting at home, just come from work, and the officer came and said I had stolen a goose.
SCOTT— GUILTY . Aged 18.— Confined Six Months.
THOMAS— NOT GUILTY .
GEORGE RESTALL . I keep a hosier's shop in Walker's-court. On the evening of the 31st of December a person gave me information—I went out and overtook the prisoner about ten yards off, with these two pain of boots, which are mine—they had been hanging just outside the window—she said they were not mine—I know them by my private mark on the sole of them, and I missed two pairs—I had not seen her in my shop—I gave her to the officer.
GUILTY . Aged 27.— Confined Three Months.
GUILTY .— Confined Three Months.
CHARLES HENRY CURRY . I am a servant, but am out of a situation. On the 28th of December I was in Oxford-street, looking in at Mr. Rogers's shop-window—I saw the prisoner standing by the side of the counter—he put his hand two or three times to where a box was standing on the counter—he then took the box, put it under his right arm, and ran down Great Chapel-street and Compton-street, with another person—I lost sight of them—I went down several streets, and did not see them—in coming back I saw the prisoner—he went on to Charles-street—I went and took him—he had a bundle, which he threw into the road—I took it up, and found it was this bundle of cigars, in a white apron.
Prisoner. Q. Why did not you take me when I came out of the shop? A. In consequence of the mob of people.
GEORGE ROGERS . My father, John Rogers, keeps this shop—I was up stairs at the time—I missed a box from the counter, containing about 2 1/2 lbs. of cigars—these cigars which are found are about 2 1/2 lbs.—the box has not been found—they are a particular sort of cigars—and I missed just this quantity—my father was in the counting-house.
Prisoner's Defence. I was coming up Charles-street, and a young man behind me threw the bundle into the road—the gentleman took hold of me and took them—I know nothing about them.
GUILTY .* Aged 18.— Transported for Seven Years.
494. ELIZA MORRIS was indicted for stealing, on the 3rd of December, 1 bed, value 1l. 10s.; 2 pillows, value 11s.; 1 bolster, value 4s.; 2 blankets, value 4s.; 1 rug, value 3s.; 12 yards of printed cotton, value 5s.; 2 yards of carpet, value 2s., and 1 fiat iron, value 6d., the goods of Richard Frampton.
SARAH FRAMPTON . I am the wife of Richard Frampton—we live in Rochester-street, Westminster—the prisoner hired a ready-furnished lodging of me, on the 3d of December—it was the front room on the first floor—the property stated was let to her—she was to pay 4s. a-week, but during the twenty-three days she was there she paid but 4s.—two days after she was there, a man came and lived with her as her husband—I gave the prisoner into custody on the 28th of December, because I suspected her, and then I missed this property—this is my carpet, and these pillows are mine (looking at them)—the prisoner told me the man was a coach-joiner in Long-acre, and that she was a dress maker—she pawned the bed when the had been there but three days.
GEORGE SHURRILL (police-constable B 54.) On the 28th of December I was called in, at six o'clock in the evening by the prosecutor, who gave the prisoner into custody—I questioned her what she had done with the things—she said she had pledged them and lost the tickets—I went to where she told me, and found the bed and other things.
Prisoner's Defence. My husband was out of work five months, and I was in distress—my husband was threatened to be arrested if I did not make up the money—as soon as he got work I intended to take them out—for the sake of my children have mercy on me.
GUILTY . Aged 30. Confined Six Months.
OLD COURT.—Thursday, January 3rd, 1839.
Second Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 42.— Transported for Seven Years.
496. CHARLOTTE HARMAN was indicted for stealing, on the 1st of October, at St. Marylebone, 5 shawls, value 5l.; 6 aprons, value 13s.; 1 ring, value 7s.; 1 pair of ear-rings, value 10s.; 1 brooch, value 6s., 1 bracelet, value 6s.; 1 breast-pin, value 1l. 4s.; 4 gowns, value 5l.; 2 veils, value 2l.; 55 yards of lace, value 1l.; 2 nightcaps, value 4s., 1 handkerchief, value 1s. 6d., and 5 shifts, value 10s.; the goods of Mary Morris, in the dwelling-house of John Hunt; to which she pleaded.
GUILTY . Aged 21.— Transported for Ten Years.
JOHN ASHLEY . I am a farmer, and live at Staines—I have one partner, The prisoner was our barnman, and was employed threshing in the barn. On the 28th of December, about twelve o'clock in the day, as I was accidentally passing the barn, I saw him filling his pockets with the barley which was lying there in the chaff—he came out to go to his dinner, and went away with the barley in his pockets—I took him into custody directly—he had no business to take it—it is only about a quart—he had been twelve months with me off and on—he always bore a good character before—he has three young children—this is my barley—(looking at it)—it is in the chaff now just as it was—I thought the Magistrate would have committed him for a month.
— BENTLEY. I am an officer. About one o'clock on Friday I was sent for, and took the prisoner into custody—I took this barley out of his breeches pockets—they were both full.
GUILTY . Aged 31.—Recommended to mercy.— Confined One Month.
WILLIAM ROOME . I am ostler at the King's Arms, Leadenhall-street. On the 1st of January, about nine o'clock in the morning, I saw the prosecutor leading a horse and cart down the middle of Leadenhall-street—there was a coat in it—I saw the prisoner step off the pavement, put his arm over the side of the cart, take the coat, hang it across his left arm, and walk away with it some distance up the street—he then opened it and put it on, and was in the act of buttoning it up, when I told the policeman, who took him.
JAMES SOUNDY (City police-constable No, 53.) I received information from Roome, and saw the prisoner going up Leadenhall-street with the coat over his left arm—he had put it on before I got to him, and was buttoning the first button, when I caught hold of him—he said at the station-house, that a person had given it to him. Prisoner's Defence. A person gave me the coat in the street.
GUILTY . Aged 22.— Confined Six Months.
CHARLES DONOGHUE . I am an agent to an ale brewery. On Thursday night, the 27th of December, a little after twelve o'clock, I was going home from the brewery, and in King's-road, Pimlico, which is a very solitary place, the prisoner and another man sprang out from a dark part of the square, and stood before me—it is called Eaton-square—the houses are a great distance off—I reside near there—I said, "What do you want?"—he said, "Money?"—I said, "You shall not have a halfpenny from me"—he said there was no use in my resisting, they intended to have my money or my life—I said, "You shall not have either, I hope"—he said, "Then I will not trifle with you"—he thrust his right hand into his bosom, and said, "I have a pistol here, and am determined to have your life or your money"—I seized hold of his arm while it was in his bosom, and said, "Now, you villain, fire away"—a struggle ensued between us—
I got very much bruised and kicked about the legs and feet, but be did not get me down—I called out for the police, but before that, he said to his companion, "Come on, George, he is too much for me"—I had on a pea-jacket—I found two of the buttons torn open, and it is a very difficult coat to unbutton—I heard a policeman run up, but ray back was towards him—the prisoner wrenched himself away from me, and ran—the policeman and I ran after him, and caught him about fifty yards off—the other man went in a contrary direction, towards Ebury-street and made hit escape.
Prisoner. You told the Magistrate that you had your toe trod on, and that was the whole of the injury. Witness. My legs are quite black now—when he said to the other man, "Come on, George, he is too much for me," we were struggling together—he held me by the throat.
Prisoner. No, it was by the collar—yon have not stated what you had in your hand. Witness. A stick.
JOHN MORRIS (police-constable B 153.) I heard aft alarm given by the prosecutor—I went up as quick as I could, and found the prisoner at the corner of the square with one hand in the prosecutor's breast, and the other at his stick—he then ran off, and I took him about fifty yards off—the other man went Belgrave-street way, and made his escape.
Prisoner's Defence. I had been out drinking rather freely all day, and really knew not what I was doing, nor what part of the town I was in—I was taking a walk as I generally do when I work at my trade, previous to going home to finish my pipe—I was never in trouble before, nor ever will be again.
GUILTY . Aged 34.— Confined Two Years.
Before Mr. Baron Gurney.
500. DENNIS DONOVAN was indicted for unlawfully, maliciously, and feloniously assaulting Catherine Donovan, on the 21st of October, at St. John, Clerkenwell, and cutting and wounding her upon her head and left arm, with intent to murder her. 2nd COUNT. Stating his intent to be to maim and disable her. 3rd COUNT. To do her some grievous bodily harm.
CATHERINE DONOVAN . I am the prisoner's wife—I have been married to him five yean. On the 21st of October I lived at No. 38, Poland-street—about twelve o'clock that night he first struck me with hit fist, and then knocked me down, (I had not gone to bed)—he then went up stairs, brought the chopper down, and chopped me over the head with it—I put my hand up to save my head, and he broke my arm in two, it hung by bit of skin when I was taken to the hospital—there had been no words between us—he never spoke to me only when he came in, he struck me and knocked me down—we have not lived on good terms—I had not said any thing to him before he struck me—I never spoke to him at the time—he had just come in—he is a labouring man—he had not been at home that evening before—I had six wounds on my bead besides that in my arm—I have been in the hospital ever since.
Cross-examined by MR. PHILLIPS. Q. DO you mean to say you said nothing at all to him? A. I never spoke a word to him—he came in and struck me without opening his lips—I cannot tell whether he was sober—I dare say he was the worse for liquor, being out to that hour of the night
—I was quite sober—I had been sober all day—he had not the appearance of being very much in liquor.
Q. Was anybody else in the house? A. They all ran out when he brought the chopper down—there was only a man and his wife in the house before he went up for the chopper—the wile is here—she had an opportunity of seeing him when he came in—I had not received any injury the day before from drink—I was quite sober.
JAMES WILLIAMS . I am a surgeon. I attended at St. Bartholomew's hospital when the prosecutrix was brought there—she had received five or six severe wounds on the head, and a compound fracture in the left arm—they are the sort of wounds a chopper might have inflicted—her head was wounded principally at the top, only rather at the side, through her hair—all the wounds penetrated to the bone—there was a compound fracture of the left arm—there was a small wound on the inner part of the am, which I suppose was caused by the bone protruding—it must have been I very violent blow to break both the bones of the arm—she is under my care still.
WILLIAM PENNY . I am a police inspector. I heard the cry of "Police," and went to the house—I found the woman lying down on the boards covered with blood, and speechless—another constable was with me—I lifted up her arm—I sent for a stretcher and had her removed to the hospital—I got a description of the prisoner, went into Turnmill-street, and apprehended him—this chopper was given to me by a person in the house, covered with blood and hair—I apprehended the prisoner about half an hour after I was called in—he appeared perfectly sober.
WILLIAM CHRISLETT . I have been in the New Prison for examination, and am a prisoner there now—the prisoner was put into the same room with me—I wrote a letter to his wife by his desire—after I had written it I read it to him sentence after sentence as he dictated it—I altered some little phrases as I went on, and he adopted them—he approved of it after I had written it—this is the letter—(read)—"Clerkenwell New Prison, 20th of December, 1838.
"MY DEAR WIFE ,—It is a most lamentable thing, we after having been married five years, and lived all that time happy and comfortable, considering all things, and having had two children that now looks to a father to support, that we should now either of us think of parting and sacrificing those two poor children to the mercy of the world. Do you not understand, dear wife, that all this trouble has brought on us by your not telling me you had fallen out with Mary Reardon; if you had told me that, I would have taken her up for ill using you in Cow-cross as she did, and all this misery would have been saved, as you knowed my temper so well to be hasty; but you know I am equally ready to forgive, as I trust to God yon are. You and I understand each other too well to suffer other people to make inroads upon our happiness—I have too good an opinion of you to suppose you would have proceeded this length had you not been advised by others; all I have to say now is that we should forget the past and look to the future, and pray to God that we may never fall out again. I am
determined I will not again lift my hand against you, and notwithstanding all that has passed, I never intended in my heart to injure you in the way I fear I have—forgive me, and meet me as your affectionate husband. If you do not forgive me, and you do prosecute me, you will transport me for life, I am sure you will forgive and forget as the Scripture teaches us to do, and to love one another, if it is only for the sake of our two poor babes. All you have to say when you go before the Magistrate is, that you have forgiven me, and that you will not prosecute me, and that you should like me to go home with you: if you will say this, you will never have cause to regret it. Do not suffer yourself to be advised by any one, look to your only protector in your husband; forgive me this once, my dear Catherine, and let us be happy all the rest of our life.
"I remain, your affectionate husband, DENNIS DONOVAN."
GUILTY . Aged 34.— Death recorder.
Before Mr. Justice Patteson.
501. JAMES CARR was indicted for stealing, on the 13th of December, 3 cases, value 1l.; 150 crayons, value 4l., and 70 cakes of paint, raise 3l., the goods of Charles Smith, in his dwelling-house; and CHRISTIAN DRESCH , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
WILLIAM SMITH . I am nephew to Charles Smith, an artist's colourman, in Marylebone-street—I manage the retail department of his business. On the 13th of December, I missed two cases of crayons, and a case containing seventy cake colours—I saw them between twelve and one o'clock that day on the counter—I had then occasion to go into the counting-house, and when I came out again they were missing—I was absent ten minutes—I missed them between one o'clock and twenty minutes after—on the 18th of December I went with Matthews the constable to the house of the prisoner Dresch, in Broad-street, Bloomsbury—it is a book-shop—I there saw the two cases of crayons, which I am certain were my uncle's—Dresch is present when I saw them, and he went with us to the station-house in Bow-street—two boxes were there produced with twenty-four coloursin each—he was repeatedly asked if he had any more, and he said he had not, several times—he afterwards said if we would go with him and the constable to his house in Broad-street, he would give us a few more—we went, and he produced twenty-one colours loose in a bag, and one separate cake of vermilion—I am certain they belong to my uncle—they have my uncle's name printed on them all—the value of the whole of the property is 8l.—Dresch told me he had bought them of a man who asked 19s. for them, but he gave him 11s. for them.
RICHARD HAWARD . I am shopman to Bromley and Crouch, pawn-brokers. On the 18th of December, two boxes of cake colours were brought to our shop by Whiting, and offered in pawn—I sent for a constable and gave him into custody with them.
JAMES WHITING . I offered the two boxes of cake-colours, at Haward's, to pawn—they were given to me by the prisoner Dresch, on Monday, the 17th—he told me, as I was out of a situation, he had bought some colours for 11s., which were of no use to him to sell, as they were made by another
maker, and if I made a trifle over what he gave for them, I was welcome to it myself—he did not tell me what to do with them, whether to sell or pawn them.
Cross-examined by MR. BALLANTINE. Q. When you went to the pawnbroker's, did young Dresch go with you? A. He did—his name is Edward—when the paints were detained, he immediately went home to his father—the pawnbroker's is scarcely two hundred yards from his father's—I was to take the property, or 6s. back, for them—if I got more, I was to have it—there was more included in the eleven shillings' worth—he said I had the biggest half—I have been at work for his son—it was not said if I got more, I was to arrange matters with his son—this was on Tuesday, the 18th—I was at his house on Saturday, the 15th of December—Carr cane in about some paints while I was there, and asked 19s. for them—I did not hear what passed between them after, as they went into the back-ware-house—I saw them come out, and heard Mr. Dresch say he had given 11s. for them, and he did not know what particular use they were to him, as they were made by another maker to sell from his warehouse.
GEORGE EDWARD CHAMBERS . I am a policeman. I was sent for to the pawnbroker's shop, on the 18th, about five o'clock in the evening—Whiting was there—I got these two boxes of paints off the counter—I had some conversation with Whiting, and young Dresch, inconsequence of which I went to the prisoner Dresch's house and saw him—I told him his son and Whiting were at the station-house, about some paints, and asked him to go down—he said he would, and said, what a piece of nonsense it was, the paints he had bought and paid for—I took him to the station-house—the boxes of paints were shown to William Smith, who said he believed them to be his uncle's—I asked Dresch if he had any more—he said no, he had not—I asked him if he had not some brought him in a glass case—he said no he had not—I said I understood from Mr. Smith that he had lost some more, and some were worth a guinea each—he said he did not know, for he did not look at them—I said, "I suppose you bought them cheap?"—he said, "The man asked me 19s., and I gave him 11s."—he afterwards said he had a few more, and if I would allow the constable to go with him, he would give them up—he said he did not like to sell another maker's paints in his shop—I sent Matthews back with him.
Cross-examined by MR. BALLANTINE. Q. is not Dresch a foreigner? A. Yes.
SAMUEL MATTHEWS . Lam a policeman. I was at the station-house, on the 18th, when Dresch was there—I heard him asked whether he had any more paints—he said "No," three or four times over—he spoke so that I could understand him, and he appeared to understand our people very well—he afterwards said he had a few odd ones at home, if Mr. Smith would accompany him to his house, he would give them up—I went to his house with Smith, and he gave up some more—he reached these two glasses off a side shelf in his shop, and put them on the counter—he told me where he got them, and I went with him to No. 29, Great St. Andrew-street, Seven Dials, the same night, and saw Carr there—Dresch said to Carr, "You have let me into a fine secret; these paints that you sold me, are stolen property"—Carr said, "I am sorry for it, I was not aware of it"—I told him he must go with me, and I took him to Bow-street—next morning I asked him how he came by the two glass-cases, which I had under my arm at the time—he said he had bought them of a man—I asked him
who the man was—he said he did not know, but he wished he did—Carr is a bird-fancier.
Cross-examined by MR. BALLANTINE. Q. Dresch delivered the glass-cases over to you? A. Yes, off a side shelf—there was no concealment of them in his shop—he took these loose paints from a writing-desk, except one, which he picked off the ground.
WILLIAM SMITH re-examined. These are what I missed, and are my uncle's property—they have his name on them—there are twenty-four colours in each box—the boxes are not my uncle's, nor the brushes in them, but the colours are his.
Cross-examined by MR. BALLANTINE. Q. How many colours have you seen since the robbery, altogether? A. Seventy; the case in which they were lost has not been found—the whole seventy were in one case when lost—I value the case and all at 8l.—I value the two glass-cases at 4s. 6d. each, without the crayons, that is what we give for them—the crayons are worth 2l. each, and the seventy colours, 3l., that is the retail price—I do not know what they cost making—I am not in that 'department—the method of making them is a secret.
MR. PHILLIPS called
JOHN RICE . I keep a coffee-house in High-street, Bloomsbury. Last Thursday or Friday fortnight two young men came into my shop with a box of this description of crayons, and a box of paints—they wanted to know if my son was at home, as he is a painter, and writer of persons' names—I said be was not, but I could convey a message—'he said "No, only we have some paints of a very excellent quality if he wants them"—he undid them, and I saw what they were—they were such as those produced—I said they were of no use to him at all—they rather pressed for roe to make a purchase, but I said they were not articles to suit—it was neither of the prisoners, I am positive.
THOMAS WADHAM . I am a hair-dresser, and live in Great St. Andrew-street, Bloomsbury, next door to Carr. He keeps a shop for the sale of birds and bird-cages—he has lived there about three years—I was in his, shop on Saturday, the 15th of December, when a person brought some paints' and wanted Carr to purchase them, to exchange them away for a canary bird and a cage—Carr said he was no judge of paints, he did not know any thing at all about them, but there was a person named Dresch, in Broad-street, who dealt in such articles, and no doubt he would be a customer—the man said he was not acquainted with Dresch, and he thought if Carr took the paints himself he would be able to get a better profit, and he would satisfy him for his pains—to the best of my recollection, this was between half-past three and four o'clock—Carr went, after some persuasion, and the man remained—when Carr came back he said Dresch had offered 11s. for them—he put the 11s. down on the counter—the man put dawn 1s. on the counter for him, and went away without taking either bird or cage—I have lived in my shop about eight years—the prisoner Carr has lived next door for three years, and appears to get his. living by industry, keeping his shop.
COURT. Q. How many boxes were there? A. I noticed two; and there was something in a bag—both the boxes had glasses on them, to the best of my knowledge—Carr left the paints, and brought the money—he said, if the man would not take the 11s. he would go back—only one mart brought the paints—he was about thirty years old—I had seen him pass
up and down the street frequently before—I don't know his name, nor where he lived—I have looked out often since to see if I could see him, but have not.
NOT GUILTY .
First Jury, before Mr. Baron Gurney.
502. WILLIAM JONES, alias Edward Holt, and WILLIAM MARTIN , were indicted for burglariously breaking and entering the dwelling-house of Edward Cutler, at St. Margaret, Westminster, about the hour of two in the night of the 28th of December, with intent to steal, and stealing there. in, 1 time-piece, value 4l. 10s.; 1 coat, value 6s., 2 table-cloths, value 2l.; 1 towel, value 1s., 1 box, value 2d., 2 shillings; 2 sixpences; 50 cigars, value 3s.; 102 pence; and 304 halfpence, his monies and property: to which
JONES pleaded GUILTY . Aged 21.— Transported for Life.
EDWARD CUTLER . I keep the Black Horse public-house, in York-street, in the parish of St. Margaret, Westminster. The prisoner Jones lodged at my house, he left about three weeks before the robbery, but frequented my house every day afterwards—he was in the house on Friday night, the 28th of December—I went to bed that night between twelve and one o'clock—I was the last person up—the house was quite fast—I was alarmed about a quarter past seven o'clock in the morning—I came down stairs, and found the house had been robbed—the shutters opened, and two squares of glass removed—the shutters had been bolted inside—by removing the glass they could put down the catch of the window, and throw up the sash—I missed a time-piece, three table-cloths, a box of cigars, some bread and cheese, 5s. In silver from the till, and between 2l. and 3l. in copper—there were a great many farthings in one part of the till, besides a sixpenny piece, with a hole in it, at the back of the till, which I had had in my hand that night, I also missed a tin-case full of coppers, containing 9s. or 10s., a 5s. packet of copper off the shelf, a bottle of port wine and a bottle of sherry—I went down to the station-house immediately, being sent for about half-past eight o'clock, and found the prisoner Jones in custody, and the greater part of my property—Martin frequented my house—he had been there the night before, and three or four times that day, in company with Jones all day.
WILLIAM FLOYD . I am a policeman. On Saturday morning, about a quarter past six o'clock, I was on duty in James-street, Westminster, about 150 yards from Cutler's, and met Jones in the street—I stopped him, took him to the station-house, and found on him a time-piece, a coat, a quantity of bread and cheese, two table-cloths, a towel, a box of cigars, and a tin case containing 9s. 4 1/2 d. In copper—the Inspector locked him up—Mr. Cutler afterwards came to the station-house.
HENRY BAREFOOT . I am a Police Inspector. I apprehended the prisoner Martin at his lodging, No. 4, Crump's-buildings, Castle-lane, Westminster, about a hundred yards from Cutler's—I there found 3 shillings,
5 sixpences, one with a hole in it, 6 fourpenny-pieces, 52 penny-pieces, 179 halfpence, 58 farthings, a lucifer-box, two pipes, and a piece of cheese—I also found a knife in his pocket, with a mark of fresh putty on it—I examined the prosecutor's premises, and found a distinct mark on the putty, of a small knife having been used, where they had prized it to get the glass out—there was the impression of the full width of the knife.
EDWARD CUTLER re-examined. This sixpence with a hole in it is mine, and the one I had in my hand the night before—I know this to be part of my cheese—it is the same sort as was found on Jones—all the articles found on Jones are mine.
MARTIN— GUILTY . Aged 21.— Transported for Life.
Before Mr. Justice Patteson.
503. WILLIAM GODFREY was indicted for feloniously breaking and entering the dwelling-house of William Tingay, at St. Anne, on the 27th of December, and stealing therein, 1 coat, value 1l.; 1 pair of trowsers, value 16s.; 1 waistcoat, value 8s.; and 1 cloak, value 3s.; his goods.
WILLIAM TINGAY . I live in Henry-street, in the parish of St. Anne, Middlesex. Nobody but my wife and myself live in the house—on Thursday, the 27th of December, I went out at eleven o'clock, leaving my wife at home—I returned between half-past six and seven o'clock—my wife was with me then—I found my back gate open, and the back-door on the jar—my wife missed some things—the prisoner was brought to me next day—I have known him twelve or fourteen yean—I do not know where he lives—I asked him for my tickets, meaning the duplicates of my articles—he said, "What tickets?"—I said, "It is no use, I want my tickets, and if you don't give them to me, I will give you in charge," which I did.
ELIZABETH TINGAY . I am the prosecutor's wife—he went out before me—I went out about half-past four o'clock—I left nobody in the house—I bolted the top bolt of the back-door, locked the street-door, as I came out, and put the key into my pocket—I had seen the prisoner between one and two o'clock that day, (before I left the house to go to my husband,) in the Freemasons' Arms, near my house—he called me on one tide there, and asked me to lend him 3d.—I told him I had not got it—my husband was coming out of the beer-shop opposite at the time, and a young man said, "Here comes Bill"—the prisoner put up the curtain, and saw my husband go across the wooden-bridge-field, towards the Ben Jonson—I then went home, secured my house, and went to my husband—I returned with him, and found the back-door a-jar, and broken open—the windows had been all safe, and the street-door locked—the latch of the back-door was bent, and the top bolt was open—it must have been slipped back with something—I found my box, which had been under the head of the bed, at the foot of the bed—I missed from it a coat, waistcoat, and trowsers—the cloak was on the bed.
THOMAS SOANES . I am shopman to Mr. Upsall, a pawnbroker, in Rat-cliff-highway. I have a coat, waistcoat, and trowsers, which I took in pawn of the prisoner, on Thursday, the 27th of December, between six and
seven o'clock in the evening, for 12s., in the name of John Anderson—I did not know him before, but am sure he is the man.
Prisoner. At the Thames Police-office there was another young man of my colour, and he went and called the policeman out, to know if that was the man—so long as it was a man of colour it would do for him. Witness. There was a dark man in the passage, and it being dark, I could not distinguish the scars of the prisoner which I know him by—he has two or three scars—I saw him more than once—he applied next morning for an affidavit, having lost the duplicate.
(Property produced and sworn to.)
ROBERT GEE . I am a policeman. I took the prisoner on Friday, the 28th of December, and told him the charge—he said he would go with me willingly, he should get through this as he had done before—I searched him, but found nothing.
GUILTY .* Aged 19.— Transported for Fifteen Years.
Before Mr. Baron Gurney.
504. ANN JOY was indicted for a robbery on Hannah Brown, on the 31st of December, putting her in fear, and taking from her person and against her will, 1 umbrella, value 1s., the goods of William Brown.
HANNAH BROWN . I am the wife of William Brown, and live in George-court, St. Anne-street. Last Monday I went over to my daughter's at Lambeth—I returned at a little after eleven o'clock at night, and going down St. Anne-street, I saw a young woman run across the street—she came up to me, pulled my cloak with main force, and tried to get it from me, but could not succeed, as it was fastened across my back—I had an umbrella in my left hand—she dragged that out of my hand, ran across the street with it, and went up a court—I called a policeman, who went up the court after her, but I was afraid to go myself—the policeman produced the umbrella—It was thrown out of a window—the prisoner is the person who took it from me—when I came into the room, I said, "She is the person, I am certain of her"—I found her in the house up the court, after the policeman came.
CATHARINE MURRAY . I sleep in the same room with the prisoner. On the night-in question I and the witness Boyle were up stairs, when the prisoner came up with an umbrella, and asked me to put it up the chimney—I refused—a knock came at the door, and she threw it out of the window—the policeman came and took us all into custody.
GEORGE CARTER . I am a policeman. I heard a cry of "Police"—I went to the spot in St. Anne-street—I then went to No. 2, James-court, from information, and demanded admittance at the room up-stairs, which was refused—I threatened to break the door in—while I was doing so I heard the window put up, and the door was directly afterwards opened—I went in and found the umbrella partly hanging on a line out of the window, and resting on a ledge—the prisoner and two others were in the room—they all denied having taken the umbrella—I took them all into custody—at the station-house, Murray said, in the prisoner's hearing, that she (the prisoner) brought the umbrella into the room, and gave it to her to put up the chimney—the prisoner said, "You did not put it up the chimney, that Murray gave it to her again, and she threw it out of the window—she said she brought the umbrella up, and gave it to Murray.
Prisoner's Defence. The two girls and I were together—she desired me to go across the road, and take the lady's umbrella, and they went, and unlocked the room door for me—I came in, and Murray took it, and put it up the chimney.
(Property produced and sworn to.)
GUILTY . Aged 18.— Confined Six Months.
Before Mr. Justice Patteson.
505. MARY ANN NOREY was indicted for stealing, on the 27th of December, 2 breast pins and chain, value 2l., the goods of Henry Mortimer, from his person.—2nd COUNT, stating it to belong to a certain man whose name is unknown.
JOHN PRIOR . I am porter at the Baytree public-house, St. Swithin's-lane, King William-street. The prisoner was at my master's house on the night of the 27th of December—a person had come in before that rather drank—I knew that person before, by his coming in occasionally—I did not knew his name before he gave it at the station-house, as Henry Mortimer—he was not very drunk, but a little fresh—he had one glass of brandy and water at the bar, and then went into the tap-room—I was at work down in the cellar, and about half an hour afterwards master rang the bell for me, and I went into the tap-room—I found the man there but not the prisoner—I staid in the tap-room about half an hour, and then the prisoner came into the tap-room, and called for a pint of half-and-half—she had a young man with her—there were three of them—I fetched the half-and-half—the prisoner was sitting alongside the gentleman—she asked him to drink out of the pint, and he did so—they sat there together above half an hour—a man named Murphy, who was sitting in the tap-room, before the prisoner came in, told me she had taken the pin from the gentleman's bosom—she went out of the tap-room, I followed, and the gentleman came after me—I asked him to unbutton his coat to see whether he had lost anything—he did so, and said he had lost his pin—I said to the prisoner, "If you do not give that gentleman his pin I will give you in charge"—she put her hand in her bosom directly, and dropped the pin on my shoe—I stooped down, took it up directly, and gave her to the policeman.
Prisoner. What he has stated is false.
DENNIS MURPHY . I was in the tap-room when the prisoner came in—she sat in the box opposite me, where e the gentleman was sitting—he had been drinking, but was not to say drunk—she was speaking to him, and got alongside of him—she began to fondle him under the chin, and contrived to take the pin from his breast, and put it in her bosom—I saw her take it, and told her if she did not give him his property she should be given in charge—she got up and went out into the street—Prior then came in—I said, "The gentleman has lost his pin, and that young woman has got it"—the gentleman followed her out, and so did I—I looked for a policeman—I did not see the pin after she took it—I did not know the gentleman before—the prisoner was a little intoxicated, but the gentleman more so. Prisoner. This witness asked me to drink, as he knew me. Witness. I did not—the gentleman seemed familiar with her.
prior—Prior had the pin in his hand, and gave it to me—I produce the pin—the gentleman gave his name, Henry Mortimer, of 22, Eaton-place, Pimlico.
Prisoner's Defence. I went to the public-house with a young man and woman, and had some half-and-half—Murphy knew me, and handed me this pot—I drank out of it, and the gentleman too—the gentleman began holloaing and laughing, and made us all laugh—I did not pay for the pot of beer, but the young man who was with me did, and he did not like the gentleman to drink out of it—the gentleman said he did not like the company, and went out for half an hour—when I went out the pot-boy stopped me, and said, "You had better give up that"—I said I did not know what he meant—he said I had robbed the gentleman of his pin, and if I did not give it to him he would give me in charge—I told him to do so, and stopped till the policeman came, when he said I had dropped it at his feet—I had been out of the room some time before the gentleman left—Murphy said it was a handkerchief I had of the gentleman—I said I had nothing at all of him—when the gentleman was at the station-house he said he did not know me, and knew nothing about it—the watchman heard him, but the pot-boy said he was sure I took the pin out of the gentleman's breast, and dropped it at his feet, and he swore before the Lord Mayor that his matter bad told him to go into the tap-room to take care of the gentleman—if so why not wait and take care of him?—he was not there while I was there.
GUILTY . Aged 18.—Recommended to mercy.— Confined Six Months.
GUILTY . Aged 32.— Confined Three Months.
NEW COURT.—Thursday, January 3rd, 1839.
Fifth Jury, before Mr. Common Sergeant.
SMITH pleaded GUILTY . Aged 25.— Confined Six Months.
COLEMAN* pleaded GUILTY . Aged 32.— Confined One Year.
508. MARY ANN JACKSON was indicted for stealing, on the 21st of December, 1 purse, value 6d., and eight sovereigns; the goods and monies of Zachariah White, from his person.—2nd COUNT, calling it the property of a person unknown.
JOHN DUFFY (police-constable K 79.) On the morning of the 21st of December, I saw a person, who gave his name Zachariah White, struggling with the prisoner outside a public-house door—I went over, and he said that the prisoner had robbed him of a purse and eight sovereigns, in a court—the prisoner extended her arm to some person—I caught it, put it back, and I heard something drop—the prosecutor picked up a purse and handed it to me, it contained eight sovereigns—she said it was false—the prosecutor is not here.
NOT GUILTY .
MARY SODEN . I am the wife of Frederick Soden, a baker in Brick-lane, Spitalfields. About ten o'clock, in the evening of the 1st of January, the prisoner came into the shop, and asked roe for two 4-lbs. new loaves—I weighed them, and placed them on the counter—he then asked for a 2-lb. stale one—while I was stooping down, to reach that, he took the other two off the counter, and ran out of the shop—I am sure he is the man—I called my husband out of the next room—he ran after him, and the prisoner was caught—the loaves were thrown down.
BARNARD ROURKE (police-constable H 74.) I was at home—I heard the noise, ran out, and saw the prisoner running, and the prosecutor alter him—I at last caught him, and took him to the station-house—I said I did not know what was the charge, but the other man was coming—the prisoner said it was about a loaf—I said, "What made you run?"—he said he ran as others did—the prosecutor cattle to the station-house, and the loaf was brought there.
Prisoner's Defence. I saw a man running, and drop two loaves—I was going to pick up one and give it to the prosecutor—he kicked me on the hip, and the policeman ran after me—I thought the best way would be to run away.
GUILTY . Aged 21.— Confined One Month.
510. CATHERINE DUNN was indicted for stealing, on the 27th of December, 1 towel, value 3d., 1 plate, value 3d.; 2 jars, value 1s.; 1 glass bottle, value 3d.; 1 pen-knife, value 5s.; 3 aprons, value 3s.; 3 napkins, value 2s., 2 collars, value 3s.; and 1 pillow-case, value 6d.; the goods of George Simpson, her master: and ELIZA MATTHEWS , for feloniously receiving 1 towel, 1 plate, 2 jars, and 1 glass bottle, part of the said goods, well knowing them to have been stolen; against the Statute, &c.
GEORGE SIMPSON . I live at No. 6, Bedford-street, Bedford-square, and am a surgeon; Dunn lived with me as cook. About ten o'clock, on Thursday evening, the 27th of December, I was coming down Bedford-street, and saw Dunn come up the area steps and give Matthews a basket, which she placed under her cloak—I took hold of her, and said she most come inside my house, that I might examine the basket—she did so, and in it I found some potatoes uncooked, some mashed potatoes, some roast beef warm which had been taken out of the oven in a plate; a towel, two jars, a glass bottle, and a plate—these are the articles—(looking at them)—there were also some candles—I cannot swear to them, but I had such things, and the bottle has on it a label, of my writing—I told Matthews I had seen her within the last two months frequently at the door, and the policeman had watched her—in consequence of that, I gave them both into custody, and previously to their being removed, my wife wished Dunn's box should be opened, and there was found, in my presence, three aprons, three napkins, two collars, one a lace one, a pillow-case, and a baby's bed-gown—they bear our mark on them.
Cross-examined by MR. DOANE. Q. Which is the towel? A. This—it was put over the top of these things.
the towel is mine—I have some jars like these, and I believe these are mine—I missed some.
DUNN— GUILTY . Aged 30.
MATTHEWS— GUILTY . Aged 60.
Recommended to mercy by the Prosecutor.
Confined Three Months.
MESSRS. CLARKSON and DOANE conducted the Prosecution.
JOHN STAPLES . I am in the service of Howell and Co., of Waterloo-place. On the 19th of May last, Norrington came to our shop in a phaeton, attended by a servant, who I believe was Caton, for the purpose of giving an order for a variety of goods—he ordered shirts for himself and servant, stockings, drawers, cravats, and gloves for himself and his servant—he said he had just arrived from Boulogne, and that he was about taking a house in the Regent's-park, but was in the mean time staying at the Carl ton Hotel, which is nearly opposite our house—he took some goods away, consisting of satin, crape, and satin cravats—the value of the goods he took came to 11l. 9s. 6d.—afterwards, on that same day, I went to the Carlton Hotel, and saw Norrington there—in the mean time something had occurred which excited my suspicion—he had not paid for any of the goods he had—I went to get the money or the goods—I saw him there—he said he could not pay for the goods, he had not the money, he had not received his remittances, but he should have them on Monday—that was on Saturday—a satin dress was part of the articles he took away—he said he had been a customer of ours the season before, and he thought it was extraordinary conduct on our part—I went to ascertain if that was the case—I went again over to him, and he then said, he could not give me the satin back again, as he had given it away—that was on the same day—he said if I would call on the Monday, he would give me a cheque for the money—in consequence of that I went on Monday, and he was gone—s month or six weeks afterwards I met him at the end of Piccadilly—I asked him if his name was Norrington—he said it was not—I said it was, and he had not paid for the things he had of me some time before—he appeared as if he suddenly recollected it, and said he had not received his remittances, when he expected them—he had given me the name of Norrington when he first came to the house—he gave me his card—he did not persist in saying that his name was not Norrington, but he said if I would call at his lodgings on Monday at Thistle-grove, Brompton, he would give me the money—I did not agree to that, and refused to leave him—we walked some distance, he then proposed that I should go to Thistle-grove with him—he walked a little way and a cab was called—he told the man to go to Down-street, Piccadilly, as he thought he could get the money nearer than by going to Thistle-grove—we got out there, and went down Brick-street; Norrington rang a bell at a stable door, and a person who stood inside said there was nobody at home—we got into the cab again, and Norrington gave directions to the man to drive to Thistle-grove—I was not satisfied with that, and desired the cab-man to drive to my employers, Howell and James—Norrington refused to go there, and attempted to leave the cab—he opened the door—I took his arm, pulled him back, and threatened to give him in charge if he attempted to leave—I took him to Howell and James,
and the clerk of our solicitor was sent for—we agreed that he, and I, and Norrington should go to Thistle-grove, where Norrington said he had 8l., which was all he could pay at present—we went there, and Norrington went in—there was a back and front door—I waited at the back door, and the clerk at the front door—Norrington came out two or three times while we waited—he found us there and went in again—Sidford* came out after some time—he said Mr. Norrington had come to him, bat be could do nothing, or something to that effect—and he said he had recommended Him, as his uncle must know of the circumstances, to go to his uncle and state it to him at once—his uncle's address was mentioned, as at Lower Eaton-street, Pimlico, a Mr. Chambers was mentioned—we all went to this uncle, in Lower Eaton-street, accompanied by Sidford, who went at Norrington's request—we found a young woman in the shop—Norrington had some conversation with her, which I did not hear, and then Norrington said it was very unfortunate that his uncle was not at home—he then had some further conversation with the young woman in the passage—she then came back from the passage, and Sidford asked her if Norrington had stated the business on which we were come—that attracted my attention—I rather listened, and while I was listening Norrington made his escape—he must have gone out at the back way and crawled across the yard, or I should have seen him through the window at the back of the shop—he must have crouched down—I saw Norrington about a month afterwards at the George and Blue Boar, Holborn—and I gave him into custody there—I took him to Marlborough-street, and he was discharged.
Cross-examined by MR. CHAMBERS. Q. Norrington on the first occasion gave his name? A. Yes, and represented that he had been a customer before—I went over to look into our books and found he had not—that was after I had delivered the goods—I immediately returned to the Carlton Hotel, and found him there—it was on that occasion I asked him to return the goods or pay the money—when I met him again, about six weeks afterwards, I said, "I believe your name is Norrington?"—I will not swear whether I mentioned that before, perhaps not—I understood him first of all to say Lisson-grove, but afterwards he said Thistle-grove, Brompton.
CHARLES ROLANDS . I am a waiter at the Carlton Hotel. In May last Norrington came to our hotel with a servant, who was the prisoner Caton—Norrington told me he came from Boulogne—he said he expected his baggage up, and asked me to pay for it when it came—no baggage arrived—be seemed very much surprised the next day that it had not arrived there—Caton said he did not know much of his master, that he had been recommended to him by his late master abroad, and that he believed he had a seat at Feversham, in Kent—I remember Staples coming from Howell and James on the Saturday—on the following Monday Norrington left directly after breakfast—he ordered breakfast at eight o'clock that morning, and went off—Caton did not sleep at the hotel—he was not there that morning—Norrington told me he should return the next day—he did not come back—he came on the 17th, and left on the 21st—the bill came to 8l. I think—none of it was paid.
GEORGE BROCKWELL . I am a boot-maker, and live in Stafford-street, Bond-street. Norrington called at our house on the 15th of May last—he stated he had just arrived from abroad, had taken apartments at Mr. Fisher's, * Sidford is in custody, indicted with the other defendants, but traversed till next Session.
in Duke-street, St. James's, and he wanted a stock of boots and shoes—he said Mr. Fisher had recommended him, or something to that effect—he ordered goods to the amount of 10l. altogether—he ordered some boots for himself, tried on a pair or two, and found there was not any to fit him—he gave me the order, and said he would send his servant, that the things must be done in very quick time—that he had only just taken his servant into his employ, and he wanted him to go out with him in a cab—I made the boots—the servant Caton came running in about five minutes after, as if out of breath, and asked if his master had been there—he said he came from Mr. Fisher, where they represented that they had taken lodgings—I knew Mr. Fisher to be a respectable man, and that he would not take any one in if they were not respectable—I took Caton's measure for a couple of pair of jockey-boots—he saw a pair in the window and wanted to take them, but I would not let him—he saw a pair of Oxford shoes, and he took them, put them on his feet, and said they did very nicely, they would do for the stable—he took them away with him—the next day Norrington came again to inquire about the boots—he tried on a pair of slippers that were in the window, or somewhere near at hand—they had the misfortune to fit, and he had them—about two days afterwards he called to see how the things were getting on—on the second or third occasion he stated he had removed from Mr. Fisher's to the Carl ton, and the things were to be sent to the Carlton—I know Thistle-grove—on the last occasion that I saw Norringtan, he called in company with another, whom I believe to be Sidford, and stated he had left the Carlton, and the things were to be sent to Thistle-grove—that was four or five days after he ordered them to be sent to the Carlton—he came on one occasion with a phaeton and a pair of grey horses to take the things away—he was in the phaeton, and Caton was driving it—Caton came in and took his boots—I went out and said that the goods were not all finished, they should be sent—I had made inquiries at Mr. Fisher's and at the Carlton, and had suspicion from what I heard—in consequence of that I produced the bill of the goods to him, the last time he called with Sidford—I took off the discount, and said I only did business for ready money—he said he had not any money with him, I had better send the things to Thistle-grove the next morning, and he would pay for them, but I must send early, as he should leave at nine o'clock, and Sidford said that Norrington was going to dine with him at No. 13, Thistle-grove, that evening, and he would he there all night—I cannot say which said that Norrington was going to leave before nine o'clock next morning, they were both in conversation—the next rooming I sent the goods, and the boy brought them back—the amount of the bill was about 10/.—he got off with his slippers, and Caton with the Oxford shoes—in August I took Caton before the Magistrate at Marlborough-street—he told the Magistrate he had only been with his master a few days, that he did not then live with him, as he had discharged him, and he knew nothing of the transaction—I had preferred a similar charge against Norrington, and the Magistrate thought he could not help me.
Cross-examined by MR. CHAMBERS. Q. you believe it was Sidford who was with Norrington? A. Yes, as far as my memory will carry me, he is the person—they were in conversation with me about five minutes—they did not come in a phaeton, they were walking—I could not positively swear that Sidford is the man who was with Norrington, but my impression is that he is.
JOHN ELLIS . I am a boot-maker, and live in Marylebone-street. on the 24th of August, Norrington called at my shop—he said, "Is Mr. Ellis in the way"—I said, "I am Mr. Ellis"—he said, "Very well, I want you to make me some boots, I will give you an order for one pair, I have rather a difficult foot to fit—if you please me you shall make for me hereafter"—I measured him for a pair, and they were to be done on the 28th, which was four days after—he said he wanted them very much, and I told him the shortest time in which I could get them done—he said if I pleased him, and got then done by the time, I should make a pair of top-boots for his servant—I did not know where he lived, but upon taking the measure, I asked if I should send them home—he said, "Never mind, get them done to the time, and I will drive up for them, but I will give you my address," and he wrote his address on the paper on which I took the mark of his foot—this is it—"Mr. Norrington, 13, Thistle-grove, Brompton"—on the 28th, in the evening, he drove up in a cab, with the servant Caton behind, and a lady was in the cab with Norrington—it was a gentleman's cab, not a street-cab—Caton had a livery dress on similar to what he wears now—Norrington got out of the cab—he came into my shop, and said, "Have you my boots done, Mr. Ellis?"—I said, "Yes, Sir," I took them from the window and tied them up—Norrington then said, "Caton, come in, and be measured for your boots"—Caton came in, and as be came in, Norrington walked out—Caton sat down in a chair, and I measured him—his was not a difficult foot—he wanted them by Saturday—this was on Tuesday—Caton then said, "Which are master's boots?"—I pointed them wit, and he took them out—I went out to the cab to ask for the money, and Norrington looked out of the cab, as he saw me coming, and said, "Make me a pair of slippers, Ellis, and I wilt call on you to-morrow"—he then drove off—he did not call the next day, but Caton came the day after to say he hoped I would not disappoint him—I said, "I should like to see your master, I am a poor man, I can't afford to give credit"—Caton said, "Very well, you can see him if you call to-morrow between twelve and two o'clock, you will see him at breakfast"—that was at Thistle-grove—I went, and saw a lady—she informed me he was out—as I was returning I met him in Brompton-road, in a one-horse chaise, and a lady with him—I believe it was the same lady I had seen with him before, but it was a different carriage—he stopped, and said, "Oh, Mr. Ellis, I suppose you have been to my house?"—I said, "Yes, and left the bill for the boots"—he said, "Very well, I shall be in town this evening, and I will call and pay you"—he did not call, but Caton called on horseback in livery, and said, "Master is very sorry, but he has been invited out to dine unexpectedly, and he will not be in town this evening," and at the same time he pressed me to get his boots done by Saturday—I said, "Very well, but you must be sure and bring the money for your matter's boots"—Norrington got his boots of me, which came to 1l. 12s.—I sent after him, and he was gone away.
Cross-examined by MR. CHAMBERS. Q. When was the last time that Caton called? A. On the Saturday.
CHARLES WATTS . I am waiter at the Slaughter coffee-house, in St. Martin's-lane. On the 10th of September, between six and seven o'clock in the evening, Norrington came, accompanied by a lady, who was dressed genteelly in black—I think I see the lady in the gallery of the Court now—they came in a gig—in about an hour afterwards Caton came—Caton said the lady
was Mrs. Norrington—I have every reason to believe that Sidford has been at the Slaughter coffee-house while they were there, as a visitor—he dined with them—when Norrington came, he wanted a sitting-room and bed-room for himself, and a bed-room for his servant, for one night—he was told, in my presence, that it was not usual to let the rooms for one night, but if he would take the rooms for three or four nights we should have no objection, and he consented to do so—Caton performed the duties of a servant—they staid from the 10th till the 17th—I made inquiries of Caton, who his master and the family were—he said his master was a man of very large fortune, and very high family—several persons came to see them—they have had three persons to breakfast, and about the same number to dinner—the lady who came with him did not stay the whole week—she left on the third or fourth day, which I thought was rather queer—one morning when I went in with the breakfast I asked Norrington how many I was to lay for, (he was then sitting on the sofa,) he said, "Only for myself'—I said, "Is the lady not here?"—he said, "No, she is gone for three or four days on a visit to her uncle's"—the bill amounted to 21l. 3s. 7d., that included these breakfasts, and dinners, sherry, and champagne—they all appeared so respectable, we had no suspicion of them—on the 17th we had no notice that Mr. Norrington was going away, but his having no luggage in the house, I laid the bill on the table with the break fast-things—he went out after breakfast, and came home to dinner with a friend, who I have every reason to believe was Sidford—they had dinner and went out, and did not return.
Cross-examined by MR. CHAMBERS. Q. Where did Caton stay? A. He messed by himself, in the kitchen.
SAMUEL AUGUSTUS BATTELL . I live at Thistle-grove, in the employ of Mr. Watkins, who has a wharf there. On the 10th of September the prisoner Keene called at my master's—he requested that 1000 bricks should be sent to his building in Bury-street, St. James's, and he would pay for them on delivery—I sent them, and, in consequence of what the carman told me when he came back, I went to Bury-street—I saw Keene there—he said he should require another 1000 of bricks to complete his building, and if I would send them, he would pay for both lots together—he said be should want about 20, 000 more, and he would give me 10l. as earnest for the 20, 000, if I would send the second 1000—this induced me to part with the second 1000 of bricks—I have never been paid for them—he also had twelve casks of cement, which were sent the same day, or a day or two afterwards—he sent a written order to our wharf for some more—I delivered him eighteen casks of cement, which came to nearly 11l.—he told me it was to be used on his own premises in Bury-street, where I found him—the bricks were 38s. a 1000—that made the bill somewhere about 15l. in the whole—we have not got one halfpenny.
Cross-examined by MR. PRENDERGAST. Q. Did not he give you his address? A. Yes, in Bury-street—that was where I found him—he was a perfect stranger to us till then—his first application was on the 10th of September, and the last delivery was on the 28th—he requested the first 1000 to be sent in, and the bill and receipt, and then he told the carman he should want another 1000, and he would pay for the two, and then he had the others—I did not charge a credit price—the brick trade is generally a ready-money business—we enter all strangers as ready money—in the ordinary course the credit is about a month—we sometimes give
longer credit to houses we know—I sent the second 1000 in on his representation that he should want a considerable quantity, and that he would give me 10l. down as earnest—I considered that it was a bait held out for me to send in the second 1000—I did not get the 10l., nor the payment for the 2000—this was in September, and I never saw Keene again till I saw him at Queen-square office—I had looked for him, and have been, I suppose, twenty times to his house in Bury-street—I do not know that he was living within a short distance of Lisson-grove, and keeping a respectable house in Regent's Park—he was occupying the house in Bury-street—I called there for two months after, and could never find him at borne—his housekeeper said he was down at Uxbridge.
EDWARD HILL FRIEND . I live at No. 21, Queen-square, Westminster, and am a zinc-manufacturer. In the latter end of June the prisoner Keene came to me, and said he wanted a roof covered, in Bury-street, St. James's, and he had been recommended to me—I covered the roof, and made one large skylight—I likewise covered a small roof, and made a skylight for that—they were to be covered with the best zinc—he told me where to go to cover these roofs, and I went and examined the roofs before I did it—it was in Bury-street, St. James's, I think No. 12—he said he held the leases under the Woods and Forests, and he was a man of property—the bargain was, that I was to receive the money for these roofs as soon as the job was finished, and I was also to draw wages on Saturday nights—I think I was at work there a month altogether—it was surveyed afterwards—I asked for money for wages, but I did not get any—he represented that he was going to get a mortgage, and he gave me this bill for £20 on account—he asked me if I wanted cash for it, and said that a gentleman of the name of Captain Riley, whom he represented as a man of property, would cash it for me—I asked him what he would-charge—he said he would charge me 2l.—I did not like to get it cashed on such terms, and I paid it away immediately—it came back, and was noted—I never got a shilling for it—this was for wages—the job, altogether, came to somewhere about 40l.—I received some lead from him, but that was for another separate job, not what I have mentioned—I also received 1250 bricks and four casks of cement of him.
JEAN ABEALO PELVEY . I live at No. 23, Vauxhall-road. In September last I had a house to let in York-street—I saw the prisoner Keene in that house—I met him there by a previous appointment—I made an agreement with him that he was to have the house—I was to let it him—this is the memorandum that was made—(looking at it)—he had one like it—it was made on condition that my partner would sign it—Keene came in a very fine cab when he told me to make this agreement—he told me he had some houses.
WILLIAM CRUTCHLEY . I keep the Stanhope Arms, in the Oval-road, Camden Town. In September last, Keene called at my house several times, and in the early part of October he called—I had a house to let at No. 1, York-street—his calls were relative to that house—I had let it to Messrs. Pelvey and Julian—Keene wanted me to accept him as a tenant in the room of Messrs. Pelvey and Julian—I said it was no use doing that, because the lease was just as good assigned as it was to have a pair of fresh leases—I knew that at that time Keene was in possession of that house, and I said to him, "I know you have got possession of my house through my tenants"—he then told me he had been a builder in the
neighbourhood of Bury-street for many years, and he had a great deal of property under the Woods and Forests—he said he wanted the house No. 1 York-street, for his son-in-law, a person of the name of Richardson, who was not then present, but soon after made his appearance—Keene then began to say that he wanted something to amuse himself with, and if I would let him a piece of ground adjoining my tap he should be glad to take it—he described himself as having plenty of money, and this son-in-law he was going to set up in business in the house No. 1, York-street—on the 10th of October Keene came again, in company with Richardson and another person, but I do not think it was either of the prisoners—he then ordered me to get the plan of the piece of ground ready, and the full terms, and he would come at a day he then appointed, and see me upon it—he did not come, but I met him afterwards, and remonstrated with him for having made so many appointments and not coming—on the 17th of October he came to my opening dinner, and on that occasion Norrington was with him—Keene had taken some tickets, for my opening dinner, and on that day, the 17th, Keene wanted to borrow 5l. of me, to pay for three tickets for some friends—I told him to go in to the steward and pay for those tickets which he was about to use, on which he and Norrington went away—on the 20th of October Keene and Norrington drove up in a gentleman's cab, a stylish-looking cab, and Caton was "the tiger" outside—he was in livery—Keene said he was very sorry he had not been at the dinner, but he was come to pay for his tickets—he was shown into my private room, and on that occasion he introduced Norrington to me as his son—he said his son was a surveyor, and he had come to talk to me about the ground, and I then, on that occasion, produced the plan which he had ordered to be got ready—we called for a sheet of paper, and Norrington took down the whole particulars of the letting of the ground, and it was appointed that he should come at twelve or one o'clock on the following Monday—as he came out he passed through the bar-entrance, and said they were then removing into the house No. 1, York-street, and would I have the goodness to send him a dozen of wine, as they were all going to dine there—this was in Norrington's presence—I asked him to pay for the tickets—he said he had got several men to pay at my late residence, No. 1, York-street, and if it made no difference, which he was sure it would not, he would pay on the Monday—unfortunately I sent the wine in—he again said that Norrington was his son, and he had a family of seventeen, that this was one out of seventeen, that he was a surveyor, and a very clever fellow—they then got into the cab and drove away, and the wine was sent in pursuance of that order—they did not come on the Monday—Keene came on the Wednesday or Thursday following—in consequence of my suspicions being aroused I went into the neighbourhood of Bury-street to inquire about him—he came on Wednesday, and said he understood I had been in the neighbourhood of Bury-street, and there was a man or men there that would do any thing, they would even hang him if they could, or say any thing to prejudice me against him—I said I had not had much difficulty, that I understood that he did not possess any property in Bury-street, except the house he lived in, and I advised him not to take my ground at all—he admitted he was not a man of property, but was connected with four gambling-houses that he derived some interest from—he told me he would pay for the wine at four o'clock that day, but he did not come—he never paid for the wine or the tickets.
Cross-examined by MR. PRENDERGAJST. Q. He came to you after you
made inquiries? A. Yes, at the time he wanted to take the house, there were tenants in it—I cannot say whether Mr. Pelvey was there.
Cross-examined by MR. CHAMBERS. Q. When do you positively say you first saw Norrington? Q. I should say it was on the 17th—Richardson, who is not present, was with him—there were not two visits on the 17th—I had no conversation with Norrington on that day—they did not come in the cab that day—they were not all present when the conversation took place on the 17th, when Keene came and asked me to lend him 5l., which I said it would not answer my purpose to do—on the 20th, Keene and Norrington came—they were both shown into my private room—Keene pointed out Norrington, stating that he was his son, that he was a surveyor, and had come to speak to me on the terms of the plan.
JEAN ABEALO PELVEY . re-examined. I entered into an agreement about the house, and gave up the key to a man and woman that Keene sent—I did not sell the fixtures to Keene—I showed him the lease, and they are comprised in the lease—I gave him the house as I had it—I sold him the oil-cloths, and the articles in the workshops, but they belonged to me—I never got any money for them—I never got any rent—I went to York-street on Monday last, and found the property gone, the house abandoned, and all the doors left open—all my goods were gone, and even marbles that I had not sold him.
SUSANNAH NIXON . I live in Park-street, Camden Town, with my father and mother, they keep a china and glass shop. About the 20th of October, I saw Keene and Caton at No. 1, York-street—Keene gave orders for two dozen of wine glasses, and two pairs of quart decanters—I took them to No. 1, York-street—I found Caton there—he took them of me—nobody came out While I was delivering-them to him—I saw at man who was employed as a servant—I did not see either of the other prisoners—Caton said that I was to leave them, that a party of gentlemen had been there, and they were gone to the Stanhope Arms—I left these things with Caton—he told me to call again to see which of the decanters were kept—I did not go again—about two days afterwards Norrington called at my father's in a gentleman's cab, with Caton at livery servant behind—Norrington wanted the other pair of decanters—I had taken two of different patterns, and he wanted the other two to match them—he wanted some patent plates, and some patent china to be sent up—he said he would take them with him—I told him I would take them up—I took them to the house, and Caton took them of me—Keene afterwards came to my father's, and said he liked them very much, and they were very cheap, but I had called up before he came to see which they kept—Keene ordered four dozen of plates, and one set of china—they were all to be taken to No. 1, York-street, and he would call and pay for them in about a fortnight's time—Keene said he came from Nos. 12, and 13, Bury-street, St. James's, and he had taken a residence at No. 1, York-place, Park-street—he said he wanted a great many more things—he called one evening, and wanted three tumblers and a jug—he had 3l. 13s. 3d. worth in all—we have never got one farthing of the money.
Cross-examined by MR. PRENDERGAST. Q. Do you generally carry out goods in your father's shop? A. Yes, I took these as if I had been taking them to any other customer—I had no suspicion of trusting them.
Cross-examined by MR. CHAMBERS. Q. It was after you had been to
the house once or twice that you saw Norrington in the? cab?. Yet after I had been twice—I saw Caton both times, and I also saw another male servant—when Norrington came in the cab, Caton was behind as servant—Caton came into the shop and told me to come out to speak to the gentleman, and then I saw Norrington, and he said he came for the other pair of decanters—I had never seen him before so as to know him again—I saw him four times at Queen-square—I saw him before he was taken at the Fitzroy Arms, in Grove-street.
JOHN GOULDING . I am a licensed victualler at Stanhope-street, Camden-town. On the 22nd of October, Keene was drinking in my parlour in the morning—he told me he had taken a house in York-street, of Mr. Crutchley—that he expected some friends, and asked me if I could cook a rump steak for him—I told him I could—he said he wanted half-a-dozen of wine—I did not send it immediately, but soon afterwards he sent his servant for two bottles of wine, which I let him have—I do not see that servant here—he was a labouring man, some one he had in his employ—shortly afterwards I received some steaks to cook—Norrington and Keene came to have them, and Sidford I think was with them, but I am not certain—Keene said Norrington was his son—the boy Caton bad some steaks and bread and beer—they had no wine at all in my house—Keene, Norrington, and Caton went off in a cab—Keene told me he was going to the City, he should return again that morning, and he would return and settle the account—according to the best of my recollection, eight or ten came to enjoy this luncheon—Keene did not come back to pay roe—I never saw him again until he was at Queen-square.
Cross-examined by MR. PRENDERGAST. Q. I suppose you have read a good deal about this in the newspaper? A. No; I certainly have seen it—Keene said, "Me and my son are going off in the cab to the City, I shall return again this evening, and I will call and settle the account"—I do lot recollect that any one was standing by but the cab-man—part of the eight or ten were in the garden and part in the parlour—I do not recollect seeing any of them near the cab—I had not seen any of them before except one—I took notice of some of them—I should know some again besides the prisoners—I am sure Norrington was there.
ALPHONSO JOHNSON . I am an apprentice to Mr. Norton, a hosier, in the Strand. About eight o'clock in the evening of Monday, the 1st of October, Norrington came to our shop and said he wanted some shirts, stockings, scarfs, drawers, and a few other things—they were to be sent to No. 7, Great Ryder-street—he wrote it down on a piece of paper—I took them the next day—he was not at home when I went, I waited about a quarter of an hour, and he came in—I was shown up into a room on the first-floor, and he selected two satin scarfs, and one silk one for the neck, and one pair of socks—he ordered nine linen shirts and four long-cloth shirts—I left two for him to try on, one linen and one cotton—he ordered fix pairs of cotton drawers, and twelve pairs of stockings—there was a person in my master's service of the name of Lewis—I sent these things by him on Saturday the 6th, but on the Wednesday or Thursday, Caton came and brought a paper with a few articles written down on it, but we have lost it—I believe he was in livery—I do not recollect what he said—I have not the least idea—Hooked out the goods, packed them up, and let him have them—there were six pairs of ladies' gloves, two pairs of gentlemen's,
one pair of silk braces, and six collars—they were charged to Norrington, but not entered until Saturday—on the evening of Saturday, Norrington one, looked out seven silk handkerchiefs, and ordered them to be sent at seven or half-past seven o'clock that evening—I had left two shirts for approval, and Caton brought one of them back again—I never got the other one, the account came to 23l. 9s. 4d.—the seven silk handkerchiefs Norrington did not have, he ordered them, but did not have them—we have not got one farthing for these things.
Cross-examined. Q. Is your master here? A. No—his name is Robert James Norton, he lives at No. 72, Strand, on the right-hand side, going from Charing-cross—I made application for the payment, and for the goods as well, at Great Ryder-street, no where else—I did not go to Palace-yard.
JAMES LEWIS . I am an apprentice to Mr. Norton. On the 1st of October I remember Norrington coming to my master's shop—in consequence of orders on the 6th of October I took a number of things to No. 6, Great Ryder-street—I received some directions with reference to the mode in which I was to conduct myself—it was not my intention to leave the goods without being paid for them—I went about half-past one o'clock, and was shown into a room on the first floor—I found Caton there, in livery—I asked him if Mr. Norrington was at home—he said he was not at home, he was gone out, but was coming home to breakfast—I waited about an hour and a half—at the end of that time Norrington came in, and said, "Oh, you have brought the things"—I opened them on the tables—he tried on the dressing-gown, and looked at the shirts—he said they would do, and asked where were the silk-handkerchiefs—none had been ordered—that threw me off my guard—in consequence of that I went home to get some silk-handkerchiefs to show him, and in my hurry left the things behind me—I told him I did not know any were ordered—he rang the bell, and Caton came up—he asked him if he had ordered the silk-handkerchiefs—Caton looked rather confused, and said he believed he had, he did not know—Norrington said he had told him to order them, and I had better go back and get a selection of silk-handkerchiefs, and he would wait my return—I went for the patterns—I should think I was gone about three-quarters of an hour—I was returning as quickly as I could, and as I passed through Trafalgar-square, I met Norrington with a gentleman—I stopped him, and told him I was going to his house with the silk-handkerchiefs—he said I need not go, he was going to the shop to select them—I went back to the shop with him, and Johnson showed him some—he selected some, and said he should be at home at seven o'clock, or half-past, that evening—in the evening I went to the place to see him, and took another bill, with the silk-handkerchiefs added, making it 25l. odd, to get the money—I did not find him at home—I waited about two hours, hut he did not come—I saw the landlady—she said she believed he was gone to Drury-lane Theatre with a friend, and very probably he would be home very late—on the Monday morning following I went again, and saw the landlady—she said Norrington had gone the day before to his mother's, at Feversham—I saw no more of him, nor the goods—about three weeks afterwards I was in the neighbourhood of Pimlico, and met Caton—I knew him again, and asked if he knew where his master was—he said no, he did not, his master had discharged him at Feversham, and he was then going after another situation—on Tuesday, the 28th of November, I received information, which led me to Brown's Hotel, Palace-yard—I
found Norrington there—I waited in the coffee-room—I heard him come down stairs, and I went into the passage towards him—he had just got to the bottom of the stairs—he saw me, and immediately ran up stairs—Sidford was with him—I had got the Police Inspector with me—I went up stairs after Norrington, with the Inspector—I looked under one of the beds, and Norrington was under one—the Inspector told him to come out—in about a minute afterwards he came out, and he was taken to the station-house-Sidford was also taken—Caton was taken the same evening, at the same house.
Cross-examined by MR. CHAMBERS. Q. What did the Inspector say? A. He took him in charge for obtaining goods under false pretences—I think the Inspector was in plain clothes—only me and the Inspector went—we had not been there before that morning.
MR. CLARKSON. Q. Did you have any conversation with him before he turned round and ran away? A. No—he turned immediately, and ran up stairs.
MR. CHAMBERS. Q. Had he not come down and spoken to the Inspector before you saw him? A. Not that I am aware of—he was just at the bottom of the stairs when I saw him.
MR. CLARKSON. Q. Were you placed in a particular position to see who came down? A. Yes—that was an arrangement made by the waiter.
RICHARD YOUNG . I keep a hosiery and outfitting warehouse, in the Quadrant. Between the 15th and 20th of September, Norrington came to my shop one evening, and said he wanted to look at some hosiery, gloves, and so on—I showed him some—he said, "Poh, poh man, don't show me such things as these, show me some fit for a gentleman to wear"—I showed him some others—he said they were not such as he wanted, he wanted something fit for a gentleman to wear—he said he wanted a quantity of goods, that he was going to India in a short time—I showed him some shirts at a guinea a-piece—he said, "These are the sort of things I want, why don't you keep other goods to correspond with them"—he wrote down his address on a card, and I was to take some the next day to Great Ryder-street—I went at four o'clock, the time he appointed—I did not see him there, but as I was coming from the house I saw him going to the house with a lady—I then returned, and showed Norrington the goods—he said, "How am I to know whether these shirts will fit, will you leave them for me to try on?"—I agreed to that, and as I was leaving he said to me, "By the bye, do you keep bandannas?"—I said, "Yes, I keep a good stock of them"—I then came away, leaving him three shirts as patterns—when I got back to my shop, I found him close at my heels, within a yard of me—he said, "I will save you the trouble of bringing the bandannas down, I will select them here"—he then selected fourteen at 5s. 6d. each, and two dozen of gloves—he said nothing about the shirts then, any more than he would try them on; but not exactly liking his manner, I sent back, and got the shirts—I did not send the handkerchiefs nor gloves—he came back the next day and said he thought I could fit him, and he ordered twelve shirts, which were to be charged 1l. each; 2 dozen of gloves at 3s. 6d. and the fourteen bandannas—they were to be sent on Saturday evening, and the money was to be paid—I said I gave no credit, and he said he would pay for them—the same evening be came in a gig, and Caton came in and said Mr. Norrington was in the gig, and wanted some gloves, which I took out to him—he said he was going out of town—Norrington selected two pairs of gloves,
and took with him—the next day he drove up again, and Caton came into the shop and said he was to have some gloves for himself—he had two pairs at 1s. 6d. and he was to have half-a-dozen shirts, at 7s. 6d. a-piece—I got the things, and took them to Ryder-street—Norrington was not there—I was told he was gone to the play—I went again, and saw a lady, who was represented as "Miss Norrington"—I then learned that he was gone to Feversham, but the goods were to be left, and be would call and settle for them in a day or two—I did not leave the goods—the value of the things he ordered was between 26l. and 27l.
Cross-examined by MR. CHAMBERS. Q. You saw a lady who represented herself as Miss Norrington? A. The lady who kept the house called her so.
ELISABETH MICKLE . I am the wife of David Mickle, we live in Park-road, Regent's Park—my husband had a house to let at No. 33 1/2 South Bank. On the 29th of October Norrington came to me—he said he had seen the cottage, and liked it—I required a reference, and he wrote down this reference for me—(reading)—"To Mr. Keene, 12, Bury-street, St. James's, by nine o'clock;" and in the corner is "Mr. Norrington"—he was to pay 125l. a-year rent—he told me Keene was his guardian, and he told me he was going to build a house for him, which would be ready in about twelve months—this was on a Monday, and on the Tuesday two ladies came to me for Mr. Norrington—they waited, but he did not come—I went with them to No. 33 1/2 South Bank, and found Norrington there—Norrington took the cottage, and was to come on the Wednesday at twelve o'clock—an hour or two after Norrington left, Keene came—he looked over the cottage, and approved of it for Mr. Norrington—he said Norrington could quite afford to pay the rent—Keene came again on the Thursday, the next day, and I then asked him when we were to expect Norrington—Keene said, "I am going to stay here"—I said, "What are we to do with the young people?"—Keene said, "That is not your business; that is mine"—I said, "Then perhaps you do not wish us to stay any longer"—he said, "Certainly not"—I then gave him up the inventory, and left the house—on the same day Norrington came to me between eight and nine o'clock in the evening—he had two females with him, and Caton as a servant—Norrington asked me why we had disposed of the cottage to any one else—I said there could not be any harm or any thing wrong, for it was his guardian, Mr. Keene, who had looked at it for him, to whom he had given his reference—he asked me what he should do, as they had brought the things—I said I was very sorry, and I wished I could offer him any accommodation—he asked me if he could leave his things—I said, certainly he could, and if my beds were aired, I should have been glad to have offered him the accommodation, but they had not been slept in for three weeks—he went down to the coach-door, talked a little while, and then came up again, and said he thought they would accept of the offer—the two ladies, himself and the servant, then came, and I furnished them with accommodation and board for that night—they came in a hackney-coach, and three days ago the hackney-coachman came for the fare—Norrington told me that the ladies were Mrs. Norrington and bet sister—Mrs. Norrington and Mr. Norrington went the next day to Mr. Keene, and I went and asked Mrs. Norrington what they were going to do—she said it was only a whim of Mr. Keene going to the cottage, and he would give it them the next day—on the Friday Norrington went to the
cottage, and he said he could not get possession of it—we had one to let at No. 19, which was the one Norrington had gone to the night he came; and he said, "Perhaps you will let us have this on the same terms as we were to have the cottage?"—I said, "It ought not to be, but as I thought he had not been used well, I would consider of it"—in the course of a day or two I found things that I did not like, and notice was given to them immediately that they should not have it yearly, but weekly—neither the rent nor the board which I provided for them was ever paid.
Cross-examined by MR. CHAMBERS. Q. Your husband went to Keene about the reference? A. Yes—when Norrington wrote his reference, he said, "Mr. Keene is my guardian"—I told my husband that was the reference he was to go after, at nine o'clock the next morning, to Mr. Keene, who was his guardian—nothing was said about Norrington being under age—I heard Mr. Keene say that Norrington had not a farthing of property but what came through his hands.
Cross-examined by MR. PRENDERGAST. Q. When Norrington first came he was alone, was he not? A. No, a lady was with him.
DAVID MICKLE . I remember Norrington coming to my house, No. 33 1/2, South Bank, Regent's Park—my son showed it to him—I saw him afterwards, and told him the rent was three guineas a week—I was not present when he gave Mrs. Mickle the paper, but I received it afterwards, and on the 30th of October I went to Bury-street; I there saw Keene—I told him I had a reference from Mr. Norrington, who was going to take a cottage of mine at the South Bank—he said, "Very well," and asked me the rent—I said 125l.—he said he would be very well able to pay it, he had between four and five hundred a year, as I understood him—he said he was his guardian, and he would have considerable property at the death of a relative, and there was another guardian who lived in Piccadilly, or Oxford-street—I said, "Then I suppose you will be answerable for the rent"—he said Norrington would be very well able to pay if he acted with economy—he said he would be answerable for the rent and pay it quarterly—he said he would get into his chaise and come and look at the cottage for him—I left him about ten o'clock—I was there at nine—I went back to the cottage, and about noon Norrington and Sidford, and two females, (Mrs. Norrington and her sister,) came there—Norrington read over this agreement—(looking at it)—which I had prepared—he said it would do very well—here is "William Norrington, No. 1, York-place, Camden-town,"filled in—Norrington filled that in himself, and Sidford signed it as a witness—they all then went away, and in about an hour or two Keene came—(Norrington had told me he should take possession at twelve o'clock the next day)—when Keene came I told him that Norrington had been there, and signed the agreement, and he was coming the next day at twelve o'clock—Keene read the agreement, and said it would do very well—he said, "Of course you expect me to be answerable for the rent"—I said, "Of course I do, as you agreed before"—he said, "Then you must take Norrington's name out of this agreement, and write mine in"—I told him, "No," I would write out another, and I wrote out this other—(looking at it)—Keene signed it in my presence the next day, and I accompanied him from my own house to No. 33 1/2, South Bank—I had an inventory of the furniture, and while Keene was there he looked at it, and said it would do very well—I did not then know that Keene was about to take the cottage for himself, but when he had looked at it, he said it was
a very nice cottage, he liked it very much, and he thought he should like to live in it himself—Mrs. Mickle then asked him what was to be done about the young people who were to come at twelve o'clock—he said, "That is not your business, it is mine"—I left him in possession, and he said to his man, "Scales, go and fetch me the old nurse, you know who I mean, and order me some coals"—Norrington came that same day, but I did not see him, I afterwards found him, and Caton, and the two ladies, in possession of No. 19, Park-road, next to where I live, and I had prepared an agreement to let that house to him for a year—while Norrington was in possession of No, 19, Keene called upon me, and said he would not be answerable for the rent of No. 19, unless it was made in very short payments—after Norrington had been in possession of No. 19, for two or three days, he sent for me, I went and found Sidford there—in consequence of what then passed I gave Norrington notice to quit in a week—he wanted to remain a fortnight—I was never paid a farthing for his board and lodging there—I went to No. 33 1/2, and found a policeman there—Keene told me that Norrington had but 16s. a week allowed him by his relations or friends, and he said—"As I have got you into this trouble with Norrington I will see you paid to that amount"—that was for the board and lodging, but he never paid me one farthing—I remember Norrington passing my door on the 13th, and he asked me to walk in with him—I had, in the mean time, made observations in the neighbourhood about these tenants—I went in, and he told me that as I had been in the neighbourhood, and reported many things against him, that he would not pay me till the Monday—(I understood by that he meant the Monday following)—on the Saturday following, the 17th of November, I found they were all gone—that was the Saturday before the Monday, till which he said he would not pay me—during the time Caton was in the" house he was in livery, and appeared as a servant—their board and lodging came to 5l. 14s. 1d.
Cross-examined by MR. PRENDERGAST. Q. You charged a large sum for a very poor breakfast? A. No, we charged for the things they had—I do not know that Keene described Norrington as being respectable—Keene afterwards called and told me he would not be answerable for his rent of No. 19, unless it were made at short payments, and we agreed it should be made at a month—I think he did say that the reason for wanting the payments to be short was that he had some doubts about Norrington's property—the agreement for that house was never signed, but it was to be drawn up—he told me this perhaps about ten days after I had the first conversation with him—when he told me this I did not say any thing to him about his being guardian—it did not occur to me that a man who had before told me that he was Norrington's guardian ought to know something about his property—I am sure Keene said to me that he was one of Norrington's guardians—the age of Norrington was not mentioned—I supposed Norrington was twenty-one years of age—I did not know whether he was under a guardian then—Keene said, "I am his guardian, and he has all his money through my hands"—and he said there was another guardian, who lived in Piccadilly or Oxford-Street—Norrington had been in Possession of No, 19 about a week before Keene told me he had some doubts about Norrington's property—the first rent of the house No. 33 1/2 will be due on the 30th of this month—I do not know whether it will be paid—I do not want the money before it is due—the rent time is not come.
Q. Did you not turn Keene's wife out last night by force? A. Yes—I
was not there—I sent two men to do it—my wife was there—she did not go with the men—she went to talk to Mrs. Keene to go out.
THOMAS FOWLER . I am a butcher, and live in High-street, Portland. town. On the evening of the 3rd of November Caton called at my shop to order a very handsome piece of sirloin of beef for Norrington, to be sent to No. 19, Park-row—I have supplied Mickle these fourteen years—Caton said Norrington had taken the next house to Mr. Mickle, and I was to go down on Monday to see his master to make arrangements with him for supplying meat—I supplied them with meat that week, and in consequence of what I heard I went to Keene, at No. 33 1/2, South Bank—but (Keene had come to me on the 6th of November, and said he had taken No. 33 1/2, South Bank, and he ordered a shoulder of mutton)—I told him that Mr. Norrington was come to No. 19—he said yes, he knew him perfectly well, he was his guardian, and was paying him 400l. a year—he said he would deal with me as well, as he had taken a house of Mr. Mickle, and I continued to supply them both the week out—I took in my bill, and on the Monday I went, but Norrington was gone—I went to Keene's to apply for his money, and Norrington's as well—I saw Keene—he said he would pay me on Saturday morning, and Norrington's as well, if I would be quiet and not make a noise—he said there was some money doe to Norrington very soon, and he would pay on Saturday morning, and he could stop that towards the next payment—I went on the Saturday, but I did not get my money—Norrington's bill was 1l. 6s. 5d. and Keene's 1l. 13s. 1 1/2 d.
Cross-examined by MR. PRENDERGAST. Q. You lost only one week's meat? A. No—I have had greater losses.
Cross-examined by MR. CHAMBERS. Q. is yours the nearest butcher's shop? A. All but one.
GEORGE ICOM . I live in Park-terrace, and am a grocer. Keene called on me on the 6th of November, and said he had known Mr. Mickle along time, that he had taken 33 1/2, South Bank, of him, and that he had a home it St. James's, that he did not want credit, but he came to deal with me, and he paid weekly—he gave me an order—I executed that and others—they were taken in by his housekeeper, whom he called "Old nurse"—I also supplied Caton and Norrington with goods, and did not get the money—after Norrington and Caton were gone I went after Keene—I found him in his parlour—he said, "Norrington is the cause of all this—the girl placed a chair on one side of the fire for me, and Keene sat on the other—he said he was guardian to Norrington, but not to a great amount, but he could not pay my bill without the consent of another guardian—he said I had behaved the best of any of the parties there, and had not created a disturbance, and I should be paid—he put his hand into his pocket, and I thought I was going to get the money, but be only pulled out a pencil and wrote it down, and said I should be paid when he came out of the City.
Cross-examined by MR. PRENDERGAST. Q. When was this? A. About the 14th or 15th of November—I do not know when he was taken into custody—I heard he was taken on a Saturday—I did not ask him for what sum he was guardian to Norrington—he said he was living at the rate of 500l. a-year—"Yes," I said, "about 5000l. I should think by appearance"—he said "Yes," or some such observation.
Cross-examined by MR. CHAMBERS. Q. What is the amount of your claim on Norrington? A. Only 12s. 8d. such things as a person would
have in going to a house—Mr. Mickle was a customer of mine, and they said he had recommended them—Caton had not got his new livery then—I should not have trusted him, as he was shabbily dressed, but he represented himself as coming from Mr. Mickle's—I do not circulate cards in ready-furnished houses unless the parties are recommended—there was not a card in that ready-furnished house to my knowledge.
GEORGE M'DONALD . I am a tailor, and live in Dorset-street, Portman-square. On the 9th of November Norrington came to me and gave me some orders for waistcoats and trowsers, and he ordered some livery for Caton—I supplied them with several goods—Caton told me he had been two years in his master's service—he said first his master had been in France—I said, "Then you can speak the French language"—he said, "Oh, no, I have been down at Feversham with his relations"—my account for the articles with which I supplied them was 9l. 10s.—I never got paid a fraction of it—I asked Norrington for his card, and he said he would send it, but he did not—I got the buttons, with a crest on, at the button-makers.
Cross-examined by MR. CHAMBERS. Q. Was not what Caton, said the effect of your asking him questions? A. Yes—his master stepped to the door, to the cab, while Caton was being measured—I have been eighteen years in trade—I never heard servants tell great things about their masters' property which were not true.
JAMES STANDEN . I am a livery stable-keeper in New-cut, Lambeth. On the 15th of June Norrington came to me for a pair of hones—he told roe he had got a phaeton, and I was to drive him to Ascot—I drove him myself—I was to have five guineas—as we came back we stopped at a public-house, and he wrote this cheque and gave me (looking at it)—it is addressed to Messrs. Hankey & Co.—(read)—"Please to pay to Mr. Standen, or bearer, five guineas." I went there, and found no effects.
Cross-examined by MR. CHAMBERS. Q. When did you apply for the money? A. A day or two afterwards—I had never seen Norrington before—I keep twenty-six or twenty-seven hones—after I had been at the police-office a lady, who called herself Mrs. Norrington, brought me 2l.
WILLIAM HENRY TAILOR . I am a coach-maker, and live in Lower Brook-street. On the 14th of June Norrington came to me and got a phaeton—Mr. Standen came, and brought the horses—I went to Hatchard's hotel to get the money, and I got this cheque on Hankey for 2l. 12s. 6d.—I presented it, but got no money.
JOSEPH HERBART . I am a waiter at Brown's hotel, Palace-yard. On I am a waiter at Brown's hotel, Palace-yard. On Saturday, the 17th of November, Caton came to the hotel, about four o'clock in the afternoon—he ordered a sitting-room and two bed-rooms for his master, and one bed-room for himself—he said his matter was coming from Feversham, in Kent—about seven o'clock that evening Norrington and Sidford came in a carriage drawn by a grey horse—they ordered their dinner, and then Sidford went away—I asked Caton if his master kept a large house at Feversham—he said, not a very large one, a ten-roomed house, that he had two small paddocks, and he kept one cow—I asked who his father was, and he said Major Norrington—I asked what his income was—he said 2800l. a-year, and he received it quarterly from a guardian—on the Monday, Sidford came, and the cab was ordered out—something excited my suspicion, and I ordered a porter to go and watch them—I saw Sidford and Norrington in the coffee-room that evening—
dinner was ordered for that day, and they dined there—the next day they ordered a very good dinner at five o'clock—they came within a quarter of an hour of the time, and Norrington ordered me to bring up dinner—I called him out, and told him it was customary to pay the bills—their bill then came to 5l. 16s.—he took the bill, and said he would go and consult with his two friends in the sitting room (there was another person with them)—soon afterwards I found them all coming out with their cloaks, and going out—I objected to that—they said they had not got the money, they would go and get it—I said they had got the servant, they could send him, and if they would go up to the sitting-room I would send the dinner, if they would pay after dinner—I had got the Inspector of Police there, and when they came down a second time they were taken—the inspector had been to Mr. Norton's, and Johnson came and identified Norrington.
Cross-examined by MR. CHAMBERS. Q. Norrington alone slept there? A. He and Caton—Norrington was the principal man certainly, and he was the man to whom the bill was delivered—it was in the servants' hall that I asked Caton those questions—we have at times a great many fashionable people stay at our house—I never heard servants give a history of their masters' families—we never ask questions unless we have some little doubt.
WILLIAM DEACON . I am porter to Mrs. Brown. On the 19th of November I followed Norrington and Sidford, with Caton behind them—they went to a piano-forte maker's, in Charlotte-street, then to a tailor's in Great Rus sell-street, then to King-street, Soho, then to a harness-maker's, then to a carpet manufacturer's, and then to a bookseller's, and from thence to Albemarle-street—I was running after the cab the whole time—I was running for two hours and three quarters—when they got to Albemarle-street, I observed Caton get down from behind the cab and enter the cab—they then went up Bond-street to Oxford-street, Vere-street, and Wigmore-street—they stopped at the comer of James-street, and there Caton got out and went behind—they then went to another harness-maker's, and then I lost sight of them.
Cross-examined by MR. CHAMBERS. Q. Did it rain when they started? A. That I cannot say—I do not recollect whether it rained or not when Caton got from behind and went in, or whether it had left off raining when he got out—I am in and out of the servants' hall like the rest of the servants.
WILLIAM PEARSON . I come from the firm of Kennett and Co., in Great Russell-street. The prisoner Norrington had a considerable number of goods of us, and Sidford came with him—the amount was about 6l. 10s. 6d. but I got some articles back—there was a coat on Norrington at the police-office.
ALGERNON SMITH . I am a tailor, and live in King-street, Westminster. Norrington and Sidford ordered goods of me, and Caton said that be wanted the things, because Norrington was going to dine with the Marquis—I did not let them have the goods.
Cross-examined by MR. CHAMBERS. Q. What was said? A. Caton said, "Be sure to get them done by the time appointed, as they are going to dine with a Marquis"—he did not mention the name.
his statement, and never got paid for them—he brought me two references, but he did not come and enter into the engagement which he made when he got the coals.
Cross-examined by MR. CHAMBERS. Q. When was this? A. The litter end of February last year—I received a reference to Mr. Chambers, a corn-dealer—I should say it was not a respectable reference—Norrington said he was his uncle, and he lodged there—I have not made any inquiry about Mr. Chambers.
HENRY CAPELL CUNDY . I am a coal-merchant, at Grosvenor-basin, Pimlico. Norrington was in my service four years as clerk—he left me in June, 1837—he is not the son of Major Norrington—he has not an income of several hundreds or thousands a year.
Cross-examined by MR. CHAMBERS. Q. Do you know any thing of him? A. Yes, too much—his father resided at Feversham—I knew his mother—I had an assignment of some small property left by his mother at Feversham, which was under trustees, but it is not so now, because he is of age.
WILLIAM HAINING . I am an Inspector of police. As I was going to the station-house with the prisoner Keene, he said that Norrington had been to look at some apartments in Camden-town, and his name was Norrington or Dorrington, he did not know which.
Cross-examined by MR. CHAMBERS. Q. You went to take Norrington into custody? A. Yes—I told him he was my prisoner for obtaining goods under false pretences—I had seen him in the passage, but I did not know it was him till the boy pointed him out, and I ran up stairs.
NORRINGTON— GUILTY . Aged 22.— Confined One Year.
KEENE— GUILTY . Aged 54.— Confined Two Years.
CATON— GUILTY . Aged 19.— Confined Six Months.
Sixth Jury, before Mr. Sergeant Arabin.
512. THOMAS WILDEN and ABRAHAM BANKS were indicted for stealing, on the 26th of December, I truss of hay, value 2s. 6d., the goods of Thomas Roberts; and that Banks had been before convicted of felony.
JAMES ARCHER . I drive a wagon for Mr. Thomas Roberts. I was driving it, on the 26th of December, from Hempstead to Lopdon—I was at the Bull, at Whetstone, that night—I had a truss of clover, hay and trefoil on the fore-ladder of my wagon, which was loaded with flour—the truss was for the horses—after I had done my horses, about ten o'clock, I went into the Bull, and had my supper—my wagon was outside against the door, and my horses in the stable—the two prisoners came in, and had a pot of beer—they drank it, and wanted some more, but the landlord would not serve them—they then went out, and I lighted my candle to go to my horses—when I went out my hay was gone—I heard some one going by the side of another wagon—I went round, and saw my hay on Wilden's back, and Banks was walking by the side of him—I said, "What the d—I are you going to do with that hay?"—Wilden threw it down, and they separated and ran off—Banks went into the Anchor, and Wilden wenjt up a yard—I stopped by the hay, and sent the boy in after Mr. Moulton, and he came out—we went into the Anchor, and found Banks—I
said, "Where is the man who took my hay?" but he never spoke—I came out, and got a policeman—the prisoners were afterwards taken—I can swear they are the men.
THOMAS MOULTON . I keep the Bull. The two prisoners came there on the Wednesday after Christmas-day, about a quarter before eleven o'clock—they drank a pot of beer, and wanted more—I would not let them have it—they both went out, and then the wagoner lighted his candle and followed them out—he sent for me—I went with him to the Anchor, and saw Banks there—I came out, and a boy told me something—I went into a court, and saw Wilden—they were afterwards taken.
Wilden. I had been out with a load of straw, and went into the Bull to have a pot of beer—we came away, and when we went by the Anchor, Banks said he should have some beer—I went on, and went down a court—Mr. Moulton came and pulled me out—I went with them to the Anchor, and then I went home—they did not take me till the next day.
Banks. We went into the Anchor, and these men came, and went out, and next morning I was taken—the witness says that he saw me with this prisoner when he had the hay on his back—I know nothing about it.
WILDEN— GUILTY . Aged.— Confined Nine Months.
BANKS— GUILTY . Aged.— Transported for Seven Years.
Before Mr. Baron Gurney.
GUILTY .— Confined Three Months.
Before Mr. Recorder.
JAMES WOOD . The prisoner is my father's second wife—I live in King-street, Greenwich, and keep glass coaches and flys. O Sunday, the 23rd of December, I lost a great coat which I left hanging at the foot of the stairs to dry—the prisoner did not live in my house—I missed it, when I
received information about an hour after I had seen it—I had merely gone to the stable.
SARAH WOOD . I am the prosecutor's wife. About a quarter past eight o'clock in the evening of the 23rd of December I was in the kitchen, and heard a noise at the door—I went to the door, which was ajar, and missed my husband's coat.
GEORGE HARRIS (police-constable R 158.) On Sunday evening, the 23rd of December, I met the prisoner in South-street, Greenwich—I turned my light on—she said, "It is quite right, Sir, I am going to take my husband's coat"—I suspected something, and looked after her—I saw her run down Cut-throat-lane—I followed, and stopped her, and asked where she was going—she said, "I am going to the Centurion, Broadway, Deptford, to take this coat to a man who drives a coach for Mr. Hummer"—I said, "Do you know the man?"—she said, "No, I am not to see the man, I am to leave it at the house, and to have a pint of beer for my trouble"—I said, "Who did you get it from?"—she said, "From a woman by the Eight Bells public-house in Church-street, Greenwich"—I said, "Do you know the woman?"—she said, "No"—I said, "Did the woman ever see you before?"—she said, "No"—I said, "Does the woman know you?"—she said, "No"—on the way to the station-house, I received information that the prosecutor's coat had been stolen about a quarter of an hour before—I consider the prisoner was perfectly sober.
Prisoner's Defence. I told him the woman told me she had a sucking-child and could not leave it, and did I know who would take the coat for her—I said I would if she would trust me—she said her husband had left the price of a pint of beer for her if she took it—I said I did not want any beer, and took it—I am quite innocent—I said it was my husband's, because I did not know the name of the person.
JAMES WOOD re-examined. I believe my father is now at Knights-bridge—he has left the prisoner—he is only a journeyman carpenter—he allows her 12s. a-week—I was on good terms with her before the charge—I had not seen her, I should think, for ten months, till she was at the office at Greenwich—I was not above four or five years old when my father married her—she lived with him till I was nineteen—he has eight children by her—I know this coat is mine—I do not know where the prisoner lived myself.
GUILTY . Aged 51.— Confined Three Months.
Before Mr. Justice Bosanquet.
515. THOMAS BAKER was indicted for feloniously assaulting John Selby Watson, on the 6th of June, at Eltham, putting him in fear, and taking from his person, and against his will, 7 keys, value 7s.; 1 purse, value 1s.; 6 sovereigns, 4 half-sovereigns, 2 half-crowns, and 2 shillings; his goods and monies; and immediately before, and at the time of the said robbery, feloniously striking, beating, and using other personal violence to him.
MR. DOANE conducted the Prosecution.
JOHN SELBY WATSON . I live on my means, at Eltham. On Wednesday, the 6th of June, the last day of Greenwich fair, I was returning from Woolwich to my residence at Eltham—I had occasion to go down Well hall-lane—it wanted about twenty-five minutes to eleven o'clock when I was near the farm-house there—I met two soldiers in red coats, dressed as the prisoner is—they separated so as to oblige me to go between them—the one on my right hand wished me good night, and the other struck me with some weapon, which at that time I did not see—I was stunned by the blow, and fell—when I came to myself I found two men over me, one holding his hand over my mouth, and putting sand into it occasionally, and the other rifling my trowsers pocket—I had a purse in my pocket containing four half-sovereigns, and at least six sovereigns—there was about 7s. loose in my pocket—when I came to myself the one who was rifling my pocket had not got my money out—he got it out afterwards, and as soon as they had emptied the pocket containing the money, they scampered off towards Woolwich—I had a very severe wound in my head, which bled profusely at the time—I had about a mile to walk home from the spot—I heard a clock strike eleven more than a quarter of an hour after this violence.
HENRY HART . I am a publican at Woolwich. On Wednesday, the 6th of June, I went to assist a friend at the Black Boy public-home in High-street, Greenwich, which is two or three miles from Well-hall-lane—I observed the prisoner come into the house about twelve o'clock that night, with four or five other marines.
WILLIAM FRANCIS . I am a marine. I went off furlough to Woolwich, on the 23rd of July last, and soon after that I saw the prisoner in the Duchess of Wellington public-house—we had four pots of beer, each paid for two—he said, during the time he was drinking, if he had known I had been going on furlough so soon, he would have given me a sovereign to go on furlough with—I asked how he could give me a sovereign, for he had no more pay than me—he said, "Have you heard tell of the robbery that was committed at Eltham, on the 6th of June"—I said I had heard something about it—he said, "Mind what I am going to tell you, and don't let it go any further"—I agreed that it should go no further than me—he told me that Perceval and he were walking in the Eltham-road, on the 6th of June, and they met a man, and the prisoner said he up with his fist, and gave him a b—good hit on the head—that they picked seven sovereigns and some odd silver out of his pockets, and made the best of their way to the Black Boy, at Greenwich, and staid there till very early next morning; and the prisoner, Perceval, and two more marines, went to London, to sport with the money—that is all he said—I kept this secret till very lately, when there was some inquiry made about my being ill-treated, for giving information about something else, and then I made this disclosure—I have not had any quarrel with the prisoner—I do not belong to the same mess with him—I did once, but did not at the time of the robbery—when he paid for the porter at the Duchess of Wellington, I saw him take a little bag out of his pocket; and when he took the money out he said, "This is some of the money I had of him; it is not half spent yet;"—he treated me with two pots of ale, after he paid for the two pots of porter.
COURT.. I believe before you told this you had been sent for about
a pair of stockings, which had been stolen? A. Yes—they were stolen out of No. 3 mess—I was asked about that, I was not charged with taking them—Lieutenant-adjutant Wood then asked me about the robbery at Eltham—I had not before that made any communication to any body—I was asked what I knew about it—I said I would consider of it, and let them know in the course of a week—I was working at Lieutenant Wood's stables, inquiry was made again of me about the Eltham business, and I then told—I told Lieutenant Wood the same as I have told you to-day.
JAMES WATTS . I am high-constable of Woolwich. I saw the prisoner in the cage, after he had been before the Justice on this charge—I made a memorandum at the time of what he said—I told him I was bound to take down in writing whatever he said to me, as it was probable it might be brought before him at another period, and be given in evidence—I made him no promise or threat whatever—it came out in this way—he said, "Will you have the goodness to inform Sir John Webb (who is a Magistrate) that I am innocent of the charge, and I will tell you all about it"—(referring to his memorandum)—he said, "I was walking on the road, to meet a female, and the first person I met was a man with a bag across his shoulders—I went a little further, and saw the gentleman lying on the road, and Norton with his arm on the gentleman's shoulder, and his hand appeared over his mouth—he drew his head with an inclination for me to go away, which I did—he came up, and gave me part of the money—I afterwards met Perceval at the dock-yard gate, and we both went to Greenwich—Norton could tell that the man who died in the hospital was with him when he robbed the gentleman—I am sure Norton will not contradict what I have here stated"—I took that down from his own lips.
Prisoner. Yes, I told Mr. Watts so in the cage.
JOHN DRAKE FINCH . I am clerk to the Justices at Woolwich. I remember a marine named Perceval being in custody on this charge some time before the 15th of June last—another marine named Norton was a witness against him—the prisoner came forward as a witness on behalf of Perceval—he was sworn, and I took down his evidence, in the presence of the Justices—I produce the deposition which he then made—(read)—"Thomas Baker sworn, says—I belong to the 28th Company of Royal Marines—on Wednesday, the 6th of June, I met Perceval, opposite the dock-yard gate, in Woolwich, about half-past nine o'clock—he and I went together on the Lower-road to Greenwich—we went to the Black Boy at first, and there we remained all night—no one but Perceval and I went in—we met some comrades there—I am quite certain I did not leave the barracks with Perceval at six o'clock—I am sure Best did not go into the Black Boy with us—I am sure Perceval and I did not go half-way up the fair, or in it at all—on Thursday we went to London—we walked—I had half-a-crown—I don't know what Perceval had." This deposition was taken on the 15th of June, when Perceval was in custody—he was afterwards discharged—on the 14th of December the prisoner was himself brought before the Justice on this charge—the Magistrate then directed the deposition which he had previously made, and which I have just read, to be read over to him, and I made a note upon ft of what the prisoner then said, which is, "The said Thomas Baker declares, that he does not recollect what he then stated"—I should state that the latter part of the deposition just read were answers to questions put by the Magistrates, in consequence of Perceval's previous statement—and the last four or five
questions were put by the Magistrate, to contradict Perceval—on the 14th of December, when the prisoner was charged with this offence, he was asked what he had to say, and I took down from his mouth what he said—this is the statement he made—(looking at it)—after it was taken down I read it over to him, and he put his mark to it—he was cautioned by the Magistrate, as well as by myself not to say a single word to criminate himself nothing was said to him in the way of promise—there were two or three Justices present—(read)—"Thomas Baker says—I was going on Eltham-road, on Greenwich Fair night, to meet a young woman, and I went to the side of the road to ease myself, and during the time I was easing myself a man passed along the road—he appeared as if he had a bag on his back—he did not speak to me nor I to him—I went on the road, and when I came down by the side of the road, I saw something lay by the side of the road, which I walked up to—I could see it was some marines, with waist belts on—one of the men I directly knew at the time I stepped up, and he throwed his head to me to go back—I did not go back, and weat down on my hands and knees, and looked in on the men—and I say another man right over the man's hips, and I saw it was Norton, and the other man I did not know—I got up and went, and Norton came and ran after me, after I had got some distance, and offered me some money, which I took, and I asked him what it was for, and I told him it was not his money, and that I should have nothing at all to do with it—he took it, and asked me what I was afraid of, and he gave me some silver, and said it was some money his father and mother had given him, to buy some things with—on the Lower-road of Greenwich I met Perceval, and him and me went to Greenwich together—we met Hunt, Jones, and a woman there, and there we stopped, till the policeman came and turned us out—I looked at that gentleman—(pointing to the prosecutor)—Norton told me the other man died at the hospital."
Prisoner's Defence. I am not guilty—I have no witnesses.
GUILTY . Aged 24.— Transported for Life.
Before Mr. Justice Patteson.
516. GEORGE GIRLING was indicted for unlawfully, maliciously, and feloniously, assaulting Elizabeth Carey, on the 21st of December, and cutting and wounding her on her face and left arm, with intent to maim and disable her.—2nd COUNT, to do her some grievous bodily harm.
ELIZABETH CAREY . I am sixty-five years old, and live in Greenwich poor-house. I was assistant in the helpless men's room—the prisoner was one—on Friday, the 21st of December, he was sitting close against the fire, in the helpless room, and I said to him, "Girling, move away from the fire, are you going to get into the fire?"—he said, "D—your eyes, I will do your business now before Christmas-day, that you shan't eat your Christmas dinner here"—with that he took up the poker, and hit me across the face—I put up my arm to save my face, and received a wound on my arm—it was all one blow—it knocked me down on the bed, about half a yard from the fire-place—the point of the poker went into my arm, and drew blood there—it is not a very deep cut, but my arm has been very bad ever since—I have not been able to do my work as usual—I have had a person to assist me—the blow on my face did not bleed—it is only bruised—the blow took away my senses for about five minutes, to the best of my knowledge
—when I recovered, I went down to my masters, and did not see where the prisoner went to—there were other persons in the room at the time, but they were bedridden, helpless men, and were not able to assist me—the witness Thornton was the only person able to assist me.
Prisoner. I was standing by the fire, toasting some bread, and she told me to move—I said, "You are always bothering me about being by the fire, I have as much right to be by it as you." Witness. I only asked him to move from the tire—I was not always bothering him about it—I had no dispute with him that morning, but it is impossible to deal with him, that I candidly say—his language was above every thing—I was obliged to speak to him, or I could not live at all—I have had words with him for these two months—he has been in the habit of using bad language to me and to every body—I used to tell him he ought to be ashamed of himself, and that he was a good-for-nothing, dirty man, for tearing and breaking all the things to pieces—he would threaten to shiver my head, and I have said; "I am not afraid of you, Girling"—I did not expect he would use such violence to an old woman like me, for I was not in any rage or passion that morning, but he was close to the fire, and an old man, with a paralytic stroke, could not get near it—I wanted to get at a saucepan, and when I asked him to move, he struck me this blow.
Prisoner. She took the poker up herself to strike me with, and I snatched it out of her hands—I did not take it up at all—in my own defence I gave her a slight touch. Witness. I never struck him in my life, nor offered to strike him—I did not take the poker up at all—it was by the side of the fire-place, and he snatched it up, and struck me directly—I had made no attempt to get the poker.
WILLIAM THORNTON . I was in Greenwich poor-house on the 21st of December—there was, to the best of my recollection, one bed-layer, and a cripple alongside the fire, besides Carey and Girling in the room—Girling was sitting by the fire, as close as could be—Carey came to the fire, and said, "Girling, you had better get right into the fire"—Girling jumped up directly, and said, "D—your eyes, you are going to begin again"—some very low words passed between them, and Carey caught up the poker, and said, "I am not afraid of you, you are not going to frighten me"—they scuffled together, and Carey fell on the bed—I did not see the blow struck, being very near-sighted—she called out, "He has killed me, or murdered me"—I ran down stairs, as fast as I could, for assistance—Carey had threatened Girling with the poker, but did not attempt to strike—I am certain she took up the poker, and the prisoner seized it from her hand—there were high words between them, both before and after he seized the poker, but I cannot say what they were—I have been present many times before when they had words, and have heard the prisoner threaten her many times—I heard him say to her, that he would do her business for her, before Christmas-day—he threatened to scald her one day, with a panikin of boiling water, which he had in his hand, and I thought he would have done it.
WILLIAM CROWLEY (police-constable R 178.) I took the prisoner into custody on the 21st of December, and told him he must go with me—he said the woman provoked him, which caused him to strike her—he appeared excited—I found a knife, a spoon, and a hammer in his waistcoat pocket.
arm bleeding—it seemed a desperate wound—I immediately went up to the room, and found the prisoner sitting before the fire, eating something—I said to him, "How could you use the woman in this manner? you might have killed her"—he was going to tell me a rambling sort of story about how it originated, but I did not listen to it—I sent for a policeman, and gave him into custody—he had been about six or seven weeks in the workhouse—I have at times thought him out of his mind, from his extraordinary conduct—wherever I placed him, he was constantly quarrelling with the inmates—I removed him from another part of the house to this, thinking he would be quiet there; but his conduct was just the same—he was quarrelling night and day with any body, whether they gave him offence or not—his conversation is always rational, but his actions are certainly those of a madman—there is nothing besides his quarreling which makes me think him insane—I found it necessary to send for the surgeon, in consequence of his threats, and concealing knives about his person and under his bed, which the inmates told me of—the surgeon examined him, and said he could see nothing in his conduct to warrant him in supposing him insane—I examined Carey's arm—it was quite exposed when she came to me—it appeared a very deep cut, about an inch deep, in a slanting direction—it was in the fleshy part of the arm—I sent her to our surgeon, who lives in the neighbourhood, to have it dressed—he is not here.
Prisoner's Defence. They have stated it pretty fair as far as I can learn, but have made the most of it—she always provoked me, and being unwell, I am soon agitated—she was always nagging at me, I suppose a dozen times before; and I have said, "I shall be obliged to strike you, Mrs. Carey, if you do not let me alone"—the inmates were always at me—I could never have any peace with them—they cut me across the head once, and I lost three pints of blood, but no notice was taken of that—the doctor said I might have lost my life if it had gone a little nearer my temple—I have not been justly done by—I have respectable friends at Greenwich, who ought to have come and spoken for me.
GUILTY . Aged 61.—Of an assault only.— Confined One Year.
Before Mr. Baron Gurney.
MR. DOANE conducted the Prosecution.
JOHN BLACKBURN . I am clerk to the Newcastle and Shields Company, in Fenchurch-street. On the 17th of December the prisoner came to the office, and presented an order on the captain of one of our ships for the payment of 14l.—he said he came from Mr. Hovey—I gave him the money, and he gave me a receipt which is attached to it—(order read)—"Please to pay T. Hovey 14l. for discharging the brig Six from Quebec.
of December I directed him to get the money for this order, and get back to me as soon as possible—(I gave him the order at half-past eight o'clock in the morning)—and when he came back, if I was not at home, he was to leave the money at my house—he never brought it—I saw him again on the 31st of December—I found him in his own bed—without my saying any thing to him, he said, "I am very sorry for it; for God's sake have mercy on me, on account of my family"—I said, "You have not considered my family, you had better come with me, and save me the two guineas reward which I have offered"—he said he had received nine sovereigns and a £5 note, and that he had lost 9l. and spent the other 5l.—he had been in my employ between three and four years, discharging ships and loading them—I have trusted him to receive money three or four times a-year.
Prisoner's Defence. I spent the money, and when I came home I gave myself up to him, and said I would pay it at so much a week, but he would not allow it—he took me out of the house, saying he would not hurt a hair of my head, and then brought me before the Court.
GUILTY . Aged.— Transported for Fourteen Years.
Before Mr. Common Sergeant.
JANE COGOINS . I am the wife of William Coggins, of No. 7, Thames-street, Greenwich. On the 21st of December, I placed a sheet in the middle of the yard, on a line, to dry—in the morning I left my dog. in the yard at six o'clock, and the sheet was safe—I missed it before seven o'clock—this is my sheet—(looking at it.)
JOHN HURST . I am a blacksmith, living at Greenwich. I heard a cry of "Stop thief" on the evening of the 21st, I was going in-doors, and saw a parcel thrown over the rails, looking white—I looked at it with a candle, and it was a sheet—I saw two men running—one of them threw this sheet—I took it.
WILLIAM DOVE (police-constable R 160.) Between six and seven o'clock, on the evening of the 21st of December, I was on duty at Greenwich—John Closh came to me with the prisoner, and gave him into custody—I have the sheet.
JOHN CLOSH . I am an engineer, and live at No. 12, Coleman's-buildings. About five minutes past six o'clock that evening, I was at my gate, going to my yard—I put my hand out to open my gate, and saw the prisoner stooping—I said, "Halloo, what are you doing there?"—he never spoke—our yard is between thirty and forty yards from Mr. Coggins's—the prisoner rose up—I took him by the collar, and saw something bulky and white under his jacket—I put my hand on it, and found it was wet linen—I then called the police—the prisoner said, if I did not let him go, he would knock my b—y two eyes into one—he twisted himself from me—I pursued him, and did not lose sight of him—we passed Mr. Hurst's, and the neighbours called out, "He has dropped the things"—I still followed, and a waterman stopped him—he said, "Now you may search me"—I said, "You have dropped the things"—the waterman said, "Go back," we did, and Hurst brought the sheet to me—I took the prisoner to the policeman—I did not see him throw it away—his shirt was open, and his breast was all bare, and I could see the sheet, and his arm confined it under his jacket—I asked my wife if she, had lost any
thing—she said she had not—the sheet was brought to me about ten minutes after I saw it on the prisoner.
Prisoner. I leave it to the mercy of the Court.
GUILTY .* Aged 23.— Transported for Seven Years.
JAMES KILLMAN . I am in the employ of Richard Wild, a porkman, in Turpin-lane, Greenwich. I was in his shop at a quarter before ten o'clock, on the evening of the 19th of December—the prisoner snatched two German sausages from outside the window—I ran after her, and asked her to give them to me—she said, "Go along with you"—I called the police, and she dropped one of the sausages—I picked it up, and again ran after her, till the policeman caught her, and just as he caught her, she dropped the other sausage—these are them—they are my master's.
GEORGE SOLE (police-constable R 174.) I heard a cry of "Stop thief"—I ran round a corner, and saw the prisoner running—I saw Killman pick up one sausage—I ran after the prisoner, and she dropped this other, just before I caught her.
Prisoner. They were cut down, and given to me by a countryman, who said, "Will you have a sausage?"
GUILTY . Aged 30.— Confined Six Months.
OLIVIA MOODY . I am the wife of Thomas Moody—he keeps a broker's shop at Blackheath-hill. On the 19th of December, we had this kettle standing on a shelf, outside the door—I had only this one of this size—it was there at twenty minutes past one o'clock, and then a gentleman came in, he stopped about ten minutes, and then the kettle was gone—I looked out, and saw the officer with the prisoner, and the kettle.
JOSEPH WILLIAM CLARK (police-constable R 99.) I produce this kettle—I took it from the prisoner, on the 19th of December, in the Blackheath-road, about half-past one o'clock—I asked him where he got it—he turned round and said, "I took it from there," looking towards the prosecutor'! shop—he was about a hundred yards from the shop when I took him.
GUILTY . Aged 19.— Confined Six Months.
Before Mr. Sergeant Arabin.
521. JOHN BENSON was indicted for stealing, on the 22nd of December, 1 ring, value 2s. 6d.; 1 purse, value 1d.; 3 half-crowns, and 1 shilling; the goods and monies of George Martin, from the person of Elizabeth Martin.
ELIZABETH MARTIN . I am the wife of George Martin, a lighterman, in Marine-street, Neckinger-road. On Saturday, the 22nd of December, at half-past eight o'clock in the morning, I was at the Borough-market—I had a brown silk purse in my pocket, containing three half-crowns, a shilling, and a ring—as I crossed the market I felt a push against me—I turned round and the prisoner was at my elbow in the middle of the road—I said, "What did you push me for?"—I put my hand into my pocket, and my; purse was then safe—I heard his companion call him a d—d fool—I crossed over on the pavement, and had got two or three paces, with my lap-fall of greens, when I felt myself pushed in a similar way—I turned round, and the prisoner was close at my elbow again—I called him a good-for-no-thing fellow, and he ran away—I felt, and my purse was gone—I saw the end of it hanging out of his hand—I ran as well as I could, and called "Stop thief"—he was taken without being out of my sight a moment—my purse was not found on him, but I am certain he took it; nobody else was near me, and I saw it in his hand.
Prisoner. I was not near the woman at all. Witness. He was dressed in a green round smock-frock.
JAMES WAEBEY . I am a street-keeper in the Borough. On the 22nd of last month I was in York-street, and saw the prosecutrix, who said that boy had robbed her of her purse—he was running with another lad—they ran about two hundred yards, and I after them—a young man who was a-head stopped the prisoner—he was rather out of breath—the other got quite away—I found nothing on him—he had a sort of green smock-frock on—I asked where he lived—he said, in the Mint—the other one had on a different coloured smock-frock, and was rather a bigger lad—they were not running till the prosecutrix spoke to me—he was taken with his smock-frock on—he had not time to pull it off—I am quite certain of him.
GUILTY .* Aged 15.— Transported for Ten Years.
Before Mr. Recorder.
GUILTY on the Second Count. Aged 29.— Confined Six Months.
Before Mr. Common Sergeant.
523. JOHN YATES was indicted for stealing, on the 6th of December, 1 half-crown, 6 shillings, and 1 £20, 3 £10, and 1 £5 Bank-notes, the property of the London and Southampton Railway Company, his masters.
MR. PHILLIPS conducted the Prosecution.
DAVID WILSON POWELL . I am chief accountant of the London and Southampton Railway Company—the prisoner was in their employ. On the 6th of December I gave him 55l. 9s.—there was a £20 note, 3 £10 notes, and 1 £5 note—he was to go to the bankers', Wright and Co., in Henrietta-street, Covent-garden with it—he returned in the evening—he did not say any thing to me—I have the bankers' pass-book—there is no entry of the money in it—he did not come afterwards—he was taken up in a fortnight after—I went to his father's to look for him, but could not find him.
JOHN ROLFE . I am Superintendent of the police on the Southampton Railway. I apprehended the prisoner on Saturday the 22nd of December—he said something to me—I did not threaten or persuade him—I am sure of that—on our way to the station-house he seemed inclined to communicate something—I cautioned him—I said, "Be on your guard, I am an officer, what you communicate to me, I shall certainly give as evidence against you"—he said, "At the banking-house, the clerk was attending to some person alongside of me, and the thought came over me, that I would appropriate the money to my own use, and I threw the strip of paper I received from Mr. Powell into the fire"—I am sure he said that after the caution I gave him.
(The prisoner received a good character.)
GUILTY . Aged 19.—Recommended to mercy,— Confined One Year.
GEORGE DAY . I keep the George public-house, at Mortlake. About half-past two o'clock, on the 21st of December, the prisoner came into my house and had something to drink with another young man, who went out and left the prisoner drinking, and presently he went away—I went in to clear the table, and missed two of my pot-stands—I followed the prisoner, and overtook him on Barnes-terrace, in a beer-shop there—I told him I suspected him of robbing me—he said he had not—I put my hand to his great-coat pocket and found the articles I had lost—I sent for an officer, and gave him in charge—these are my property.
Cross-examined by MR. BALLANTINE. Q. What are they worth?" A. I gave 1s. a piece for them—they have been in use twelve months—I cannot say whether the prisoner was very much intoxicated—he might hate been drinking before—they had two pints of half-and-half and a slice of bread and cheese at my house—I did not think it was done in a joke—I never said so.
(The prisoner received a good character.)
GUILTY . Aged 34.—Recommended to mercy by the Jury and Prosecutor. Confined Four Days.
RICHARD ENSWORTH . I am a baker residing at Park-road, Norwood, and deal with Joseph Ward, of Golden's Wharf, Horsleydown. I ordered some flour on the 24th of December—ten sacks ought to have come to me—I received ten sacks on that day—I weighed them the next day after I had received information, and these were 35lbs. deficient, which would be worth 7s.—it was the prisoner Ward's duty to bring the flour.
Cross-examined by MR. DOANE. Q. You weighed it yourself, and found the deficiency? A. Yes—there is no mistake about that.
SAMUEL WRIGHT (police-constable P 172.) I was on duty on Monday, the 24th of December, in Mr. Blackwell's Park, at the side of Norwood-lane—I saw the two prisoners come into the lane with a wagon and three
horses—Ward got into the wagon, untied two sacks, took a lot of flour out, and placed it in an empty sack—I saw Thomas standing in the middle of the road, looking up and down the lane to see who was coming—two gentlemen came down the lane in a horse and chaise, and Thomas put the whip to the horses and went on—the wagon came very nearly opposite me, and Ward untied another sack, took some more flour out, and placed it as he did before—I then followed him to near Norwood—I saw Ward go to two gentlemen in a cart, and speak to them—I stopped the cart and asked one of them if he knew the man—he said that they were going to deliver ten sacks of flour at his house—it was the prosecutor—I went and saw the ten sacks delivered, but the flour in the sack was left in the wagon, covered over—I followed them back to Camberwell with it—I there asked Ward what he had got in the wagon—he said, "Nothing but empty sacks"—I said he had—I got up and found the flour—he said he would give me all the money he had, to let him go—I said I could not, he must go to the station-house—he then said he took the flour to make a Christmas pudding.
Cross-examined. Q. You were not set to watch Ward? A. No, I was set to watch some geese.
(The prisoners received good characters, and Ward's master agreed to take him again into his service.)
WARD— GUILTY . Aged 33.
THOMAS— GUILTY . Aged 27.
Confined Two Months.
SAMUEL WAYLAND . I am assistant to my mother, Sarah Wayland, who is a widow, and is a post-horse-keeper at Richmond. On the 27th of December, about seven o'clock, I saw two cushions, and the rug safe in the gig under the gateway on my mother's premises at Cumberland-yard, Richmond. I had been to take a party to a dinner, and left the gig and this property quite safe—my sister called me about nine o'clock, and I found the carriage door open—the cushions and rug were gone—these are the articles—(looking at then)—I am quite sure they are my mother's.
JOHN PATTERSON (police-constable V 68.) I was on duty on the evening of the 27th of December, at Putney. About ten minutes before twelve o'clock, I was coming past the Eight Bells, and saw the prisoner offering these articles for sale—I asked where he brought them from—he would not tell me—I asked where he was taking them—he would not tell me—I said, I must lock him up—he would not tell the Inspector his name, nor any thing else.
Prisoner. I was very much in liquor—I did not give you a positive answer, but the next morning, I told you they were to go to Cumberland-yard. Witness. He had been drinking, but was not drunk—he said that some man in Richmond gave him them to take to some place he could not find out—I went to Richmond, and found the prosecutor.
GUILTY . Aged 34.— Confined Six Months.
MR. BALLANTINE conducted the Prosecution.
WILLIAM CARPENTER . I am shopman to James Butcher, a pawnbroker at Wandsworth—about half-past five o'clock on the afternoon of the 19th of December, the prisoner came to our shop, and brought this boy's jacket—she asked 2s. 3d. for it—I took it in for 1s., in the name of Ann Smith.
Cross-examined by MR. PHILLIPS. Q. Did you know the woman before? A. No—I remember her coming to the shop in the evening of the day before she was taken—no one was with her—when I first saw her I did not think that she was the woman—Mr. Stewart asked me whether she was the woman or not—I told him I did not think that was the person at first—I was not asked a second time, not to my recollection—I cannot say whether I was asked a second time whether she was the woman or not—I cannot say whether I said a second time that she was not the woman—I cannot say whether I did not twice say she was not the woman—I have no recollection of it—that was a fortnight ago—it was before we went into the office at Wandsworth, that I first said she was not the woman—she did not accompany any body to the shop in which I was asked whether she was the woman or not—Mr. Stewart did not take me aside, he took me home to Mr. Butcher, my master, for the jacket—the woman did not go along with us—I do not recollect talking to Mr. Stewart at all, that I swear—I did not say a word to Mr. Stewart about it—Mr. Stewart asked me, in the woman's presence, if she was the woman—I met her just before I went into the office—she and Mr. Stewart were together—Mr. Stewart in her presence asked me if I thought that was the woman, and I told him I did not think it was—he did not ask the question a second time to my recollection—I forget whether he did or not—I forget whether or not I twice denied the was the woman.
MR. BALLANTINE.. I understand you had some doubt about the woman at first? A. I had when I first met her—I have not positively said that she was not the woman—I have no interest whatever in speaking one way or the other—I am now certain that she is the woman—Mr. Stewart is the prosecutrix's son, and is a broker at Putney.
JAMES JENKINS CLOTHIER . I am shopman to Mrs. Fanny Stewart, a pawnbroker at Putney—on the afternoon of the 19th of December, at near five o'clock, the prisoner came to our shop to pledge a shirt, but I did not take it in—not two minutes after she was gone out of the shop, I missed the corduroy jacket now produced—nobody had been in the shop after she was there—there were several present at the time she was.
Cross-examined. Q. There were two women, I believe, named West and Griffiths? A. There were two women—I have known them I think about two months—as long as I have known the prisoner—I do not know their character at all—there were perhaps three other persons in the shop at the time—I am not sure whether there were five, seven, or three there.
Cross-examined. Q. Did you see that young man Carpenter? A. I did, in the presence of the prisoner and Mr. Stewart—I did not hear Mr. Stewart ask Carpenter whether the prisoner was the woman that pawned the jacket—I did not hear him asked any questions—I did not ask the prisoner whether she had any objection to go to Mr. Butcher's shop—she was given into my custody by Clothier, and I took her to the station-house—I did not take her to Mr. Butcher's shop—I afterwards went to the prisoner's
house and searched—her person was also searched by a woman at the station-house—no duplicate was found—she had no opportunity to go home after she was taken.
NOT GUILTY .
ADJOURNED TO MONDAY. FEBRUARY 4, 1839.