CENTRAL CRIMINAL COURT.
FOURTH SESSION, HELD FEBRUARY 4, 1839.
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, February 4, 1839, and following Days.
Before the Right Honourable SAMUEL WILSON , LORD MAYOR of the City of London; Sir John Vaughan, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir James Williams, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Anthony Brown, Esq.; Sir Peter Laurie, Knt.; Thomas Kelly, Esq.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City; Sir Chapman Marshall, Knt.; James Harmer, Esq.; John Lainson, Esq.; James White, Esq.; and Michael Gibbs, Esq.; Aldermen of the said City: William St. Julien Arabin, Sergeant at Law; and John Mirehouse, Esq., Common Sergeant of the said City; Her Majesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
WILSON, MAYOR. FOURTH 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, February 4th, 1839.
First Jury, before Mr. Recorder.
528 ROBERT BRINE was indicted for wilful and corrupt perjury.
NOT GUILTY .
OLD COURT.—Tuesday, February 5th, 1839.
MR. PRENDERGAST conducted the Prosecution.
GEORGE DREKE. I am clerk at a sugar refinery at Ratcliff. I employed Mr. Rutherford as my medical man—I owed him a bill of 5l. 14s., which I paid on the 21st of February, 1838, to the prisoner, in Mr. Rutherford's shop—he wrote "Settled" on the bill.
Cross-examined by MR. CLARKSON. Q. Have you any recollection of the transaction of paying him, except from the memorandum on the bill? A. Yes, I remember going into the shop, and paying him, and his writing the memorandum.
HUGH FRANCIS . I live in Ratciff-highway. I was a patient of Mr. Rutherford's and owed him a bill of two guineas, in March, 1838—I paid two pounds to the prisoner in Mr. Rutherford's shop, on the 2nd of March, 1838, on Mr. Rutherford's account—the two shilling were not asked for—the prisoner wrote this receipt on the bill in my presence—"Settled, Chas. Whicher."
SNAMUEL RUTHERFORD . I am a surgeon and apothecary in Ratliff-highway. The prisoner was in my employment from June, 1836—he occasionally received money on my account—in 1838, I asked him occasionally if certain persons had paid, and he said No, but they would pay at Christmas—on the 15th of November, 1838, I made some discovery, and went over, with him, a list of patients who owed me money—I asked him whether he had received Mr. Drake's account—he said No he had not—I asked him the same about Mr. Francis—he said No, he had not—he was in my service at that time, but left that afternoon—he never acknowledged having received these two sums—on the contrary, he said he had not received them.
Cross-examined. Q. Who was with you when you questioned him? A. Mr. Holmes, a neighbor and friends of mine—never offered not to
prosecute the prisoner if I got the money—not in those direct terms, but is a letter which I wrote to his sister I made an offer—he acknowledged having received 20l., and said that was the utmost he had received—on the 15th of November, being pressed to send for an officer, the prisoner begged me not, and produced a bond, but I never had it in my possession—Mr. Holmes had it—I insisted on the prisoner giving up the bond, or I would send for an officer, and he gave it up—I believe it was a Portuguese boad to the amount of 40l.—Mr. Holmes went into the City to see if it was genuine.
MR. PRENDERGAST. Q. Did the sum of 20l. he said he had received, include these two sums in question? A. No, I had not discovered them at that time—he denied having received more than the 20l.—I then agreed, that if I received the 20l., I would not prosecute him—I gave the bond to my attorney on the 1st of January, and it has been returned to its right owner, who is a young lady.
LAWSON HOLMES . I am a grocer, and live in. Ratcliff-highway. On the 15th of November, I was present when Mr. Rutherford spoke to the prisoner about these two sums—the prisoner said he had not received them.
Cross-examined. Q. We understand from Mr. Rutherford, that the prisoner at that time admitted the receipt of 20l.; A. He did—he said it was all he had received—he never admitted the receipt of 40l.—Mr. Ruther-ford did not agree to take the bond, if it was found to be genuine—I went into the City to see what it was worth—it was worth 40l. at that time in the market—I believe it was a Portuguese bond for 100l.—Mr. Rutherford did not require him to give it up to cover that demand, or any other that might be behind in his account—I proposed that he should leave the bond for the 20l.—we knew of nothing else at that time—he said he should be able to pay the 20l., and said that he had a wife and three children—Mr. Ruther-ford said to me, "Very well, hold this till he pays the 20l."—he found out afterwards, that he had got nearly 100l. from him, and then he said, "I must prosecute, for this man's deception."
RICHARD CROUCHER . I am a policeman. In consequence of information I apprehended the prisoner on the 31st of December, about seven o'clock in the evening, at Stepney—I said, "Mr. Whicher, you must consider yourself my prisoner on account of your master, Mr. Rutherford; you have been receiving money on—his account, and I must take you to the office"—he said, "I know I have received money on his account, but I did not intend to defraud him"—in going along I said, "What money do you suppose you have received on Mr. Rutherford's account?"—he said, "Not more than 100l. or 120l.," but he had got a list of the whole, and he intended to pay him—be said at first he should not go with me unless I showed him some authority—I told him I was an officer, that I apprehended him for embezzling Mr. Rutherford's money, and showed him my staff—he said, "I don't care for that authority, I shall not go with you"—he resisted a bit, but I mastered him, and got him down to the office.
GUILTY . Aged 55.—Recommended to mercy.
Confined Twelve Months.
GUILTY . Aged 18.— Confined Six Months.
HENRY THOMPSON . I am in the employ of William Stephen Dew tad John Barnard, hosiers and shirt makers, in Cheap side. On the night of the 25th of January I was at the back of the shop looking to wards the door—I saw the prisoner come to the shop, snatch a dozen shirts off the side. counter, and run away with them—I followed and overtook him at the corner of Old Change with them in his possession.
(Property produced and sworn to.)
GUILTY .* Aged 25.— Confined Nine Months.
SARAH JENNINGS . I am a servant, and live at Highgate, in the service of Captain Ingram. I kept two sovereigns in a box on the dresser in my master's kitchen—I missed one from it—the prisoner was employed in the house, and had access to the kitchen every day—I informed the constable of my loss on the Monday.
DANIEL MAT . I am a watchman at Highgate. In consequent of information from Jennings I took the prisoner into custody—when we got to the station-house he said he had something to tell me, he wished be had told me before—I said I did not wish to hear any thing unless he chose—he said, "I did take the sovereign out of Sarah Jennings' purse, and I and some of my associates had some beef-steaks and beer at the Bell public-house—I then went to Smithfield and bought ft donkey for 10s., which was part of the money I stole from her"—I found a donkey in the Earl of Mansfield's wood.
(Captain Ingram, of Highgate, the prisoner's master, gave him a good character, and engaged to send him to sea.)
GUILTY . Aged 17.— Judgment respited.
JOHN HUGHES . I live at Old Brentford, and buy and sell clothes and bottles. The prisoner's wife lodged in the same house as me, sod he used to come there—I lost some hare skins from a shed—(looking at too)—I know one of these, having carried it in my hand for nearly-a week, to let People know I bought them—I am certain of it.
HENRY PEAECE . I am a dealer in marine stores, and live at 0ld Brentford, about a quarter of a mile from Hughes. Last Wednesday evening the prisoner came to my shop, and offered these two hare skins—I bought them of him.
Prisoner. I picked them up between Kewand Brentfort, both together, and sold them.
at Kew—he denied ever having had the skins in his possession, or selling any.
GUILTY . Aged 31.— Confined One Month.
JOHN HUGHES . I live at Brentford. Between Wednesday night and Thursday morning, the 30th of January, I lost nine hare skins and four rabbit skins—(looking at some)—I can identify this one hare skin—it is one I had taken out with me, and the rest I collected during the day—I had them in a bundle—the prisoner lodged in the same house as me.
SAMUEL BARBER . I am a hatter, and live at Isleworth. On Wednesday, the 30th of January, the prisoner came to me with a bundle of hare skins—being a stranger, I asked her what she wanted for them—she said, 5s.—I said they were not worth more than 4s. 4d.—I gave her 3s. 4d. for them—I asked her if she dealt in hare skins—she-said "Yes," and the had collected them in the neighbourhood of Kingston—the policeman came next morning, and by his description of them I immediately produced them from under the counter.
JOHN CRAWLEY LITTLE . I am a police-sergeant. I went to Mr. Barber's in consequence of information—he produced the bundle of skins, and gave me a description of the woman—and I knew, from his description, that she was living in the same house as Hughes.
Prisoner's Defence. I did not take them from that place. GUILTY . Aged 22.— Confined Six weeks.
PETER ROCHETT . I am a cooper, and live in George-court, Dock Head. The prisoner was in my employ about a week—I never authorized him to receive money for me—I told him not to receive any—he had no business to do so—two customers, named Prosser and Jarvis, owed me money—I hired the prisoner to take things to them, but never allowed him to receive the money—I told him I should go myself for that.
GEORGE PROSSER . The prisoner brought two dozen barrels to me, on the 13th of December, and said he was to have the money for them—I should not have paid him, but he asked for it, and said Mr. Rochett wanted the money. NOT GUILTY .
WILLIAM ALDAY . I am the son of Fanny Alday. On Sunday evening, the 30th of December, about five o'clock, I turned out an ass belonging to her on the common at Ruislip, and tied its legs with a cord—I went to look for it next morning, and it was-missing—I traced the marks of two donkeys beyond Amersham—there were marks of a man's feet also—was could not trace it further—it is ten miles from Ruislip—I afterwards went to Chinner, in Oxfordshire, to John Whitney, and there found my donkey—it is at home now.
JOHN WHITNEY . I live in Chinner, in Oxfordshire. On the 2nd of January, between eight and nine o'clock in the morning, I saw the prisoner there with three donkeys—I swapped one of mine with him for the one which Alday claimed.
Prisoner's Defence. I bought the donkeys honestly.
GUILTY . Aged 23.— Transported for Seven Years.
NEW COURT.—Tuesday, February 5, 1839.
Fifth Jury, before Mr. Sergeant Arabin.
GUILTY .* Aged 43.— Transported for Seven Years.
GUILTY .* Aged 17.— Transported for Seven Years.
539. WILLIAM BROWN was indicted for stealing, on the 9th of January, the carcass of a sheep, value 2l. the property of James Jolly. 2nd COUNT, stating it to be 801bs. weight of mutton; to which he pleaded
GUILTY .* Aged 21.— Transported for Seven Years.
GUILTY . Aged 67.— Confined Six Months.
541. WILLIAM CLARK was indicted for stealing, on the 12th of January, 1 cask, value 1s., and 60lbs. of mustard, value 3l., the goods of Charles Lyall. 2nd COUNT, stating them to be the goods of David Nash.
DAVID NASH . I am a carman to Mr. Charles Lyall, he keeps mustard and flour mills at Lambeth. On the 12th of January I was driving his cart with this cask and 60lbs. of mustard in it—I got to Mr. Adams's at Rotherhithe between six and seven o'clock at night, and when I went into his shop to deliver some mustard I missed this cask—I must have lost it in Pudding-lane, where I had stopped to deliver two sacks of ground ginger, as that was the only place I had called at—I was away about five minutes—the cask could not have fallen out, as it was a tilted cart—I gave information at the station-house—I came back to Pudding-lane and found the cask of mustard in the prisoner's wagon—when I was in Pudding-lane first I saw the prisoner there, and he asked which way I was going—I said I was going to back out, and he said be was going to draw down to load at one of the warehouses—I then went on to Rotherhithe, and when I came back I found his wagon drawn lower down to the place where he said he was going to load—there were two more persons standing talking with him when I got back, but he was the person who had the care of the wagon—I found this cask of mustard in his wagon covered over with a sack, and some loose straw put on it.
Prisoner. I had left the wagon for an hour to get my dinner, and when I came back this man came and asked if I had seen a cask—I said, "No"—I do not know how it came in the wagon.
CHARLES CLARK . I was a policeman at this time—Nash came to me—I went with him, and saw this cask concealed in the wagon under a sack and some straw—the prisoner was sitting on a step opposite—he said he belonged to the wagon.
NOT GUILTY .
GEORGE WILLIS . On the 18th of January, a little before one o'clock, I was passing through Crosby-square, Bishopsgate—I felt a tug at my great-coat pocket—I turned and saw the prisoner putting my handkerchief under his coat—I made a snatch at him, but as it was frosty I fell—he ran off and dropped the handkerchief, which some person took up—there was a hue and cry—the prisoner was brought back, and he begged forgiveness—this is my handkerchief—(looking at it).
THOMAS NAPOLEON RENNOLDSON (police-constable C 77.) I took the prisoner, and found another handkerchief in his possession—he said he had had it four years, and it had no mark on it—but I found the mark H L on it.
Prisoner's Defence. I saw the handkerchief on the ground—a gentleman seized me, and I was taken back to the prosecutor, who said I had picked his pocket—he was asked at the Mansion-house whether he saw the handkerchief in my hand—he turned to another gentleman, and said to him, "Did you see it in his hand?"—he said, "No," and then this gentleman said he did.
GUILTY .* Aged 18.— Transported for Ten Years.
543. ELIZABETH HARDEN was indicted for stealing, on the 31st of January, 1 pair of spectacles, value 2s. 6d.;4 sovereigns, 2 sixpences, and 2d. in copper monies; the goods and monies of Alexander Whitelaw.
ALEXANDER WHITELAW . I am an engineer, and live in Lower Grove-street, St. George's-in-the-East—I am a Scotchman. On the evening of the 31st of January I fell in with the prisoner in Pentonville—I wanted a cab, and the prisoner came up and asked me if I would allow her to go in the cab—we both got into the cab—I was not sober, but knew pretty well what I was about—I thought I had about six or seven sovereigns—I am sure I had four at least and some silver and copper—it was all in one of my breeches pockets, and I had a pair of spectacles in the same pocket—I told the cabman to drive to White chapel church—before I got out of the cab I missed my money, and said to the prisoner, "You had better give me my money"—she said she had not taken it—I called an officer, and gave charge of her—she still denied it—she was taken to the station-house and searched, and there I saw my spectacles—I had not missed them before—there were four sovereigns and some odd money found on her—these are my spectacles—every thing I had in that pocket was taken—I feel confident there was more money than what was found on her in my pocket.
Prisoner. He came into the public-house where I was, and offered me and the cabman a glass of rum—he then forced me into the cab, and
wanted to take liberties with me in the cab. Witness. There' is no truth in that at all.
WILLIAM SWAN . I am a cabman. The prosecutor took my cab—the prisoner got in voluntarily, she did not resist—I drove then, and they stopped at a public-house—he called for a pot of half and half—when that was drank the prisoner wanted another—the prosecutor was going to pay for it, and missed his money—he said, "Call as officer," and I drove on to the station-house.
Prisoner. Did you not find me in a public-house? Witness. The prosecutor and you were both in a public-house when you were taken up—you went into the cab freely.
THOMAS OLIXHAM (City police-constable No. 371.) I was called on in Aldgate High-street, and the prosecutor gave the prisoner into custody for robbing him of seven sovereigns and upwards—he had sense enough to know what he was about—the prisoner said she had not got any money about her at all; and she said at the station-house that she had not a farthing about her—I found two sixpences, one penny, and two farthings in her pocket, and these spectacles were in her bosom—my brother-officer found four sovereigns inside her stockings in my presence.
Prisoner. Q. Did I not say I found them in the cab when he was pulling me about? A. You said you found the spectacles in your lap.
GUILTY .* Aged 21.— Transported for Seven Years.
AARON JOSEPHS . I am a merchant, and live in George-street, Minories, The prisoner was in my service about ten months as a packer—these china beakers and French slippers are mine—I came into the counting-house on the evening of the 23rd of January, and heard some noise up stairs—I did not go up—the officer was sent for.
Cross-examined by MR. PHILLIPS. Q. Have yon any partner? A. Yes, my brother.
RICHABD CROUCH . I am a packer in the prosecutor's service—the prisoner was the same. About seven o'clock, on the evening of Jan. 23, I went, to the place where our great coats were hanging to get some cord, and as I was taking some out of the box, I knocked my hand against something hard in the prisoner's great coat pocket—I felt, and found one of these beakers—Nash, my fellow-servant, came up—I told him of it—we called the prisoner up, and told him he had got something—be said he had—we advised him to put them back—he said he would, but he did not—he put on his cont, to come away at half-past eight o'clock—I and Nash followed him down to the door, and said, "Have yon put them away?"—he said yes he had—Nash felt in his pocket, and said he had not—the prisoner then ran up stairs, and the policeman was sent for, and these beakers and slippers were taken out of his pocket in my presence.
Cross-examined. Q. He knew that both you and Nash knew they were in his pocket at seven o'clock? A. Yes—we considered he meant to steal them, but we were so upset that we did not know what to do—it was our determination, if he had put them away, to explain the thing to the
masters in the evening—they were down below at the time—we told them of it that night at the door.
JOHN GEORGE NASH . I am a packer in the prosecutor's employ. From information I received from Nash, I went to the prisoner's coat, which was hanging up behind the door, and felt two of these beakers in the pocket—I called the prisoner up, and accused him of having something in his possession that did not belong to him—he said he had, and asked me, in Crouch's presence, whether any person knew of it besides ourselves—we said no, and advised him to put them back—he promised he would—it was then about seven o'clock—at half-past eight o'clock I followed him down stairs—I asked whether he had replaced the articles he had in his pocket—he said he had—not feeling satisfied, I put my hand against his pocket, and still felt something—I tapped at the counting-house window, and Mr. Josephs followed us up stairs, sent for an officer, and I saw the prisoner take these beakers and these slippers out of his pocket.
Cross-examined. Q. Did you tell the Magistrate that Crouch was with you when you called the prisoner up stairs? Yes—I did not tell him that the prisoner asked if any body knew of it but me and Crouch, to the best of my recollection—it might have spilt my memory.
(The prisoner received a good character.)
GUILTY . Aged 35.—Recommended to mercy. Confined Six Months.
MAURICE SOLOMON . I live in Magdalene-row, and am agent to Messrs. Josephs'.—On Sunday, the 13th of January, I missed this money and the purse, at the warehouse in George-street, Minories—I had it when I left home—I am not aware that I lost it out of ray pocket—my idea is that I put it into my pocket, or supposed that I had, and slipt it aside, and lost it, on going to the warehouse—the money has not been found—the prisoner was searched on the other charge.
Cross-examined by MR. PHILLIPS. Q. Was the prisoner asked about it? A. Yes; Mr. Solomon asked him whether that was his purse?—be said it was not Mr. Solomon's.
MAURICE SOLOMON re-examined. This is my purse—the prisoner said it was not mine—there is no mark on it, but to the best of my belief it is mine—it corresponds with mine in every respect, but I should prefer not swearing to it positively—I may have dropt it in the street—I live about five minutes' walk from the counting-house—I have no idea that any one took it out of my pocket—I have no doubt I dropt it. NOT GUILTY .
546. ELIZABETH CROCKETT was indicted for stealing, on the 26th of January, 3 shirt-studs, value 20s.; 1 card-case, value 1s.; 1 comb, value 2s.; 1 spoon, value 1s.; the sleeve of a gown, value 1s.; and 1 frock, value 6d.; the goods of George Cole, her master; and 1 box, value 6d.; 1 other box, value 3d.; and 1 pair of gloves, value 9d.; the goods of Ann Kingston.
PHOEBE COLE . I am the wife of George Cole, and live at Hillingdon. The prisoner was our servant—about two months ago I missed some things, and on the 21st of January she searched her box in my presence—in taking her own things out, she took out a tortoise-shell comb, a little frock, and several articles belonging to me—they were in a green bag, which she put under her arm—I found some shirt-studs of my husband's in her pocket—she said she picked them up on the stairs—these are the things—I know them to be mine—(looking at them.)
Cross-examined by MR. PHILLIPS. Q. I suppose you had a character with her? A. No—I took her from the recommendation of a friend—it was very much against my will to prosecute her.
Cross-examined. Q. You were inclined to think humanely of her? A. Yes—if I was living in a private house I would take her back, but keeping a public-house I cannot do it.
GUILTY .—Recommended to mercy.— Confined Two Months.
MARY ANN SUTTON . I live in Hanover-place, Old Kent-road, in the service of Mr. Corbet Cook—I hung these things out to dry, on the 22nd of January, in the middle of the day—the yard is inclosed by a wall and paling—I missed them about six o'clock in the evening—the policeman afterwards gave me information—these are the things—(looking at them)—
JAMES HARRIS . (police-constable C 73.) About twenty minutes past seven o'clock in the evening, I met the prisoner in Gracechurch-street, with a bundle—I stopped him, and found these things on him—he was remanded, and next day I found the owner.
Prisoner's Defence. I found the things tied up in a handkerchief.
GUILTY .* Aged 20.— Transported for Seven Years.
WILLIAM THOMAS WHITE . On the 2nd of February I was in Leaden-hall market, between seven and eight o'clock, and observed the prisoner take the beef off the board of Mr. Garnham's shop, put it on his shoulder, and go away with it—I gave information, and went in pursuit of the prisoner—he had got about two or three hundred yards—he had got the beef, and I took him.
JOHN FRANKS . I live with Jesse Garnham, a butcher in Leadenhall market—White gave me information, and I went with him in pursuit of the prisoner—I found him with the beef—there is seventy pounds—it is my master's—I had cut it from the hind quarter, and put it on the board myself—I do not know the prisoner.
Prisoner's Defence. A man asked me to carry it for him out of the market, which I did, and these men came and took it.
GUILTY .* Aged 19.— Transported for Seven Years.
549. THOMAS WATSON alias Thomas James Magee, was indicted for stealing, on the 16th of January, 1 watch, value 10s.; 2 printed books, value 12s.; 2 tooth-picks, value 2s.; 1 brooch, value 4s.; 1 scent-bottle, value 1s.: 1 ink-stand, value 1s.; 1 candlestick, value 1s.; 1 box, value 1s.; 1 piece of foreign silver coin, called a rupee, value 2s.; 1 sixpence 7 fourpences, 1 threepence, 1 twopence, and 3 halfpence; the goods and monies of Clara Saunders Lewis.
CLARA SAUNDERS LEWIS . I am single, and live at the Bell Tavern, Fleet-street. I lost this property on the 10th of January, from a box in ray bedroom—the prisoner slept in the house that night, and one night before—my box was locked—I lost the box as well—the prisoner must have taken it about half an hour after he went up stairs to bed—the housemaid discovered that he was missing from his room, and the waiter found the property under his bed—his bed-room was on the second floor, and mine was on the third—the property is here—it is all mine—(looking at it.)
Prisoner. Q. When did you see your box safe? A. About three o'clock, and it was missing about a quarter after ten o'clock—Mrs. Baker first found it—most of the doors in the house were unlocked—there is a billiard-room in the house—there were not more than two persons playing—they could not have gone to my room without being seen by Mr. Baker or the marker—they did not leave the room—the box was found in the room next to yours—the cook was in the next room—you might not have been heard if you had gone up stairs and broken open the box—you were not seen to go into the room—the housemaid saw your door open and missed you from the room.
ROBERT BAKER . I am proprietor of the Bell-tavern, Fleet-street. The prisoner came in about nine o'clock on Thursday, the 10th of January, and called for a pint of stout—he had slept there on the Tuesday night—he asked if he could be accommodated with the same bed he had on the Tuesday night—I said, "Yes"—he sat some time and then went to bed—I was in the billiard-room—I saw him go up stairs at half-past nine or perhaps a quarter to ten o'clock—about half-an-hour after, Mrs. Baker came to me and said he was not in his room—I said, "You had better go and see where he is"—she and the waiter went up stairs—I followed in about a minute, and when they got up the prisoner was gone into his own room again—they searched, and saw on the same floor that the drawers had been opened, but nothing taken out—we then went on the attic-floor, and this box was missing—I and the waiter then went into the prisoner's room—he was in bed—we found nothing there, but as we were coming out a scent bottle fell off the bed—I sent for an officer, and found some of the prosecutrix's things in the bed, and some under the bed, and a pair of scissors, with which I suppose he broke the box open.
BENJAMIN GARRENS . I am waiter at the Bell-tavern. I went into the room where the prisoner slept, and found the property—the prisoner was in bed and pretended to be asleep—I knocked at the door first several times.
Prisoner's Defence. I know nothing of the robbery—I slept on the Tuesday at Mr. Baker's, and went again on the Thursday and got the same bed again—I sat and drank a pint of porter, and then went to bed—I had been there about half or three-quarters of an hour, when the waiter came and knocked at the door—he said he had forgotten something in the room—he looked about, and found the smelling-bottle—he then went down
stairs, the landlord and the officer came in and said a box was stolen—they searched the room, and found the things under the carpet, and the box in another room, but I had known nothing of it at all, and had not seen it till I was at the police-office—I had been seeking for a situation in the linen drapery business—I am quite a stranger in London—I was not seen to leave the bed-room after I entered it.
GUILTY . Aged 25.— Transported for Seven Years.
OLD COURT.—Wednesday, February 6th, 1839.
Third Jury, before Mr. Sergeant Arabia.
550. JOHANNA JEFFERY was indicted for feloniously breaking and entering the dwelling-house of John Killick, on the 11th of January, at St. Luke's, Chelsea, and stealing therein, 1 watch, value 7l., his property; to which he pleaded
GUILTY . Aged 29.— Transported for Ten years.
Before Mr. Justice Vaughan.
551. CHARLES SANDYS PACKER was indicted for feloniously forging and uttering a bill of exchange for £800, at St. Marylebone, with intent to defraud George Stone and others.—Other COUNTS, stating his intention to be to defraud Henry Fowler Broadwood and others; to which he pleaded
GUILTY . Aged 29.— Transported for Life.
(Mr. Henry Fowler Broadwood, pianoforte-maker; James Martii, hosier and outfitter, Oxford-street; Erskine Perry, Esq., barrister at law; and Mr. Sergeant Talfourd, M. P., deposed to the prisoner's good character.)
552. THOMAS JAMES HUGHES was indicted for burglariously breaking and entering the dwelling-house of John Baker, at St. Luke's, about the hour of twelve in the night of the 7th of November, with intent to steal, and stealing therein, 1 cash-box, value 5s.; 3 keys, value 3s.; 1 key-ring, value 6d.;3 memorandum-books, value 3s.; 9 sovereigns; 20 shillings; 1 £10 Bank-note; 1 promissory note for 20l. 8s.; 2 orders for 4l.; and 2 bills of exchange for 544l. 13s. 4d.; his property.
BENJAMIN VICKERY . I am foreman to Mr. John Baker, an ironmonger, in Finsbury-place—It is his dwelling-house—there is a door from the dwelling-house to the warehouse—it is all under one roof. On the evening of the 7th of November I fastened the premises up myself at eight o'clock—I fastened both the warehouse doors—I left every door locked and bolted—there are two outer warehouse doors, and the inner doors were also locked and bolted—I left them safe about a quarter-past eight o'clock—I left the warehouse last.
JOHN BAKER . I am an ironmonger, and live in Finsbury-place, in the parish of St. Luke. My dwelling-house opens into the street at the side door, which I fastened myself about half-past ten o'clock at night, the last thing—there is one warehouse in front, opening into the street, and two warehouses behind—Vickery fastened the warehouses—the dwelling-house was fast when I went to bed, both front and back—I was called up, about half-past one clock in the night, by two policemen—I went into the counting-house, which joins the passage leading from the dwelling-house,
and found the door leading into the first warehouse from the counting-house open, a pane of glass was taken out, and the key, which had been left inside the lock, turned—they could put a hand' through the glass to open that door, and it was open—I found my desk, which I had locked, broken open, and the cash-box, containing cash and bills to the amount of about 600l., taken—the cash-box was a black japanned one with yellow stripes—I had fastened that counting-house-door my self that night about half past ten o'clock—it appeared that somebody had been concealed on the premises—it must have been so, as the warehouse door was open, and the large gate leading into the street—there were no marks of violence on it, and the warehouse door, which was fastened with two bolts and a lock, was also open, without any appearance of violence—it must have been opened from the inside—in consequence of suspicion I directly went to the residence of Bignold, who has been convicted, and had been my errand-boy for three weeks and three days—I got there about two o'clock—his mother looked out of the window, and said he had not been at home all night, and she did not know where he was—we afterwards found him—I made inquiry of him, but never could find the prisoner until within the last few days—the other prisoners were tried in November—we have not brought the cash-box here to-day—it was produced at the last trial.
SUSAN GINGELL . I live at No. 15, Ann-street, Chapman-street, Cannon-street-road—the prisoner lived in a place for about a month with me and Hallan, who has been tried, at No. 24, Dock-street, Commercial-road—he had been with us about a month on the 7th of November—he was intimate with Hallan—about five o'clock in the afternoon of Wednesday, the 7th of November, Hallan and Hughes told me to get the tea ready, as they were in a hurry to go out—they wanted to go out at five o'clock—I could not get it ready quick enough, and they cut some bread and butter, and took with them—Hughes took a box of lucifers, and put into his pocket—I took them out of his pocket again, and put them on the mantel-piece—but after he was gone I missed them and a piece of candle also—Hughes came home with Bignold, about half-past one o'clock—I was at work then, as I was sitting up for Hallan—I asked them why they were in such a hurry—Hughes said it was nothing to me, and he called Bignold into the back-yard—they went into the back-yard together, returned in a very few minutes, stood at the door, and Hughes asked where Hallan was—I told him I did not know—he said he would go and find him—they went out, and in about a quarter of an hour Hallan, Bignold, and Hughes returned together—they sent me to fetch a pint of beer—Bignold went with me—when I came back I saw Hallan and Hughes kneeling down by the mattrass, and saw gold and silver, and a tin box—they appeared sharing the money—I cannot say what quantity I saw—I saw some papers—also a book with a red cover burning on the fire, with the papers—the box had yellow stripes round it, I cannot say whether it was japanned—I asked how the box came there—Hallan said it was nothing to do with me—Hughes was present—Bignold went and knelt down by the side of the money, and after they got up, Bignold gave me 1l. 17s. 6d., to mind for him till Friday night—Hughes had some of the money—they stopped there till about half-past five o'clock—Hughes and Bignold then went out together-Hughes returned about a quarter past seven o'clock—I did not see the box after they were gone—after breakfast Hughes showed me a £10 note—I do not know whether it was a Bank of England note, I cannot read—I asked him what it was, and he said, "If you must know, it is a £10
note"—be went out, and came back with some gold and silver, and Hall an and he shared it between them—I do not know how they shared it—he said he had changed it at Horsley's, which is the Golden Lion—it used to be called Horsley's—on the Friday following, about eleven o'clock, Hughes said he would go into the country, and he and Hall an went out together to go into the country, as they said—I met Hall an at eight o'clock next morning, and he said Hughes was at his mother's, and had been there all night with him, but he was going into the country—I saw nothing more of Hughes after that—the last time he lodged at my house was Thursday night—he went away on the Friday night—I am not married—Hallan, I and Hughes slept in the same room—I was the only woman—I am now living with my mother and father—Hallan got this lodging for me—he is eighteen years old, I believe—I am seventeen next April, and I believe Hughes is seventeen—there was only one bed in the room—Hughes used to sleep on a chair—they knew I could see them while they were counting the things out—Bignold did not lodge in the room—my parents did not know of my lodging there—the landlord of the house lives in the Back-lane—I do not know his name—we had only been there a week—every room was let to separate lodgers—we had the sole control of that room—Hallan paid the rent—I passed as his wife—I am not in the habit of seeing other men—my father is a lighterman, and he supports me—I have lived with him ever since the last trial—I gave evidence against Hallan then.
WILLIAM MILLS . I am barman to Mrs. Lacey, of the Golden Lion. Hughes came there two or three mornings after the robbery, and asked me to give him change for a 10l. note—I asked him who it was for—he said, a Mr. Atkinson—I asked him where Mr. Atkinson lived—he said, "Just below your house"—I gave him for it, nine sovereigns, and 1l. in silver—to the best of my recollection he is the person—I cannot swear to him—it might have been another boy—he gave me the name of Atkinson—Mrs. Lacey wrote the name of Atkinson on the note—our house was formerly kept by Horsley—Mrs. Lacey has been there about eight or nine months.
JAMES BRANNAN . I am a policeman. On Wednesday night last, about eight o'clock, I watched the prisoner into a doctor's shop in Clifton-street, Shoreditch—I told him what he was charged with, and cautioned him not to say any thing to criminate himself—he denied all knowledge of it—I took him to Mr. Baker's house—while we stood in the passage he said, "Oh dear me, what shall I do?"—I said, "I once more caution you on the impropriety of saying anything—if you wish to say any thing, it must be before a Magistrate"—he declined saying any thing more—he denied being in company with Bignold and Hallan.
WILLIAM MILLS re-examined. This is the note we changed about three mornings after the robbery—I can swear it was a boy that brought it, and the prisoner very much answers the description to him—we did not take any other 10l. note that day—I did not put the name of Atkinson on any other note.
MR. BAKER re-examined. I lost a 10l. note—I have no mark on this note, but the note Spooner's clerk paid me, I put into the cash-box directly I received it—I took it on Wednesday at Spooner's bank.
Baker presented an acceptance for 20l. at our house, on Wednesday the 7th of November, for which I paid him the 10l. note produced, and ten sovereigns.
JOHN COX . I am a policeman. I went to Dock-street, where Gingell lived, and apprehended Hallan, the Monday after the robbery—I did not find Hughes—on the 9th I had seen Hughes and Hallan pass me together going into the City, but I did not know of the robbery until an hour afterwards—I knew them before—I had seen Hughes several times—he lived about five minutes' walk from Dock-street at one time—I could never find him afterwards—he has lived at two public-houses on my beat—I knew him living at one of those houses within five months of the robbery—I went to the Globe and Friend, and inquired for him, after the robbery—I heard of him over the water, and in several places, but could never find him, to lay hold of him.
Prisoner's Defence. I know nothing about it—I know Bignold and Hallan—they used to come to public-houses where I lived.
GUILTY of larceny in a dwelling-house. Aged 17.
Transported for Ten Years.
Before Mr. Justice Williams.
553. CHARLES ATTWOOD was indicted for feloniously forging and uttering, on the 3rd of January, an order for the payment of 20l., with intent to defraud John Money. There were other COUNTS, varying the manner of stating the charge.
MESSRS. BODKIN and DOANE conducted the Prosecution.
ANN CLARK . I am in the service of Mr. Money, at the George Inn, at Uxbridge. On the 3rd of January, the prisoner came to my master's house and had refreshment, which came to 4s. 8d.—I waited on him with his bill, and he gave me this cheque—(looking at it)—he wished me to take his bill out of the cheque—I took it to my master, who returned it to me, saying he could not change it—I delivered it to the prisoner—he then said he wished my master to get it changed at the banker's for him—I took it and gave it to my master with that message.
JOHN MONEY . I keep the George, at Uxbridge. Clark brought me this cheque—I returned it to her—she afterwards brought it back to me requesting me to get it changed at the bank—it was dated 1838 when she brought it to me—I sent my son John with it to the bank of Howe and Smith, at Uxbridge—he returned with two £10 notes—in consequence of what he said, I went myself to the bank, returned the two £10 notes, and Mr. Smith gave me back the cheque—I found my name had been written on it—I returned to my house, went up stairs and saw the prisoner—I told him I could not get the cheque changed, that the bank refused to change it—he said it was very strange, what were banks for but to change cheques—I said they know neither me nor the party to whom it was payable, and I should decline having any thing to do with it—he said he had no change—I drew his attention to its being dated 1838—he said that must be evidently a mistake of the person who drew the cheque—he then took a pen and altered the 8 to 9—I returned him the cheque—I called in a constable, and desired him to take him into custody if he went away without paying his bill, and he was taken—I recollect having seen him before, three or four years ago, by the name of Attwood—he did not mention any name on this occasion.
Prisoner. Q. I think I made no representation as to who was the drawer of the cheque? A. No more than I have stated.
Prisoner. I felt surprised at the manner in which he treated me—he has cashed cheques for me before in a similar manner. Witness. He used my house from about 1832, to 1834 or 1835, as a commercial traveller—I believe he was one of the partners—the firm was Attwood and Beale—I have had letters from him in the name of Attwood and Beale, wholesale grocers, Little St. Thomas Apostle and Maiden-lane.
JOHN MONET, JUN . I am the son of the last witness. I was sent by my father with a cheque to the banker's at Uxbridge, and brought him back two £10 notes and a message—I gave the notes to him—I did not go back with him.
JOHN NICHOLSON . I carry on business as a wharfinger, in Thames-street, London. I keep an account at Smith, Payne, and Smith—this cheque is not in my handwriting, nor was it written by my authority—I have no knowledge of it whatever.
THOMAS WALLIS . I am clerk to Messrs. Smith, Payne, and Smith. Mr. John Nicholson keeps an account at our house in the name of John Nicholson and Co.—we have no account in the name of John Nicholson—we had an account with the firm of Attwood and Beale, wholesale grocers, Little St. Thomas Apostle, from three to five years ago—I am not exactly acquainted with the person of the prisoner—we issue different coloured cheques for the different letters of initials of our customers—the red cheque goes from A to C—Attwood and Beale would have a red cheque like this—Mr. Nicholson's would be quite a different colour—I knew the firm of Attwood and Beale, but not their persons—I know Mr. Attwood's writing perfectly well—I should say the filling up of this cheque is in the same hand-writing as Attwood and Beale used to sign—the figures yery much correspond—whether the prisoner is the person that used to fill up those cheques, I do not know—I believe this to be the same handwriting as Attwood and Beale's cheques used to be written in—I should say the signature is intended to imitate Mr. Nicholson's band-writing—it is similar to it, but whose hand-writing it is I cannot tell—(looking at two other cheques)—the filling up of these appears to be in the same handwriting—I think both the partners Attwood and Beale drew cheques as far as I remember.
JOHN LARKIN . I am a constable, and live at Ickenham. On the 3rd of January I was sent for to the George at Uxbridge, and took the prisoner into custody—I searched him, and found on him these three cheques, this cheque-book, a quantity of keys, some letters, and a knife—I saw my brother constable find 3s. 6d. in his waistcoat pocket—I asked him who he was—he said he should not tell me, and if I was an officer I must do my duty—I told him I took him because I thought he had a cheque about him which was not a genuine one.
(The cheque in question being read was, "London, 2nd January, 1839. Smith, Payne, and Smith, Pay Messrs. Slyan, or bearer, £20. Signed, John Nicholson."—The two other cheques were, one dated 25th of December, for 60l., payable to Slyan and Son, and the other, 31st of December, 1838, for 550l., not signed.)
Prisoner. I consider I have been most strangely treated—applications
have been made to the Magistrate repeatedly on this matter, and the papers found on me will show it—I would wish the Jury to inspect them—they will show the object I have.
GUILTY of uttering.—Aged 39.— Transported for Life.
Before Mr. Justice Williams.
554. ABRAHAM DAVIS was indicted for feloniously breaking and entering the dwelling-house of William Scaley, on the 30th of January, at St. Olave, Hart-street, and stealing therein 1 pelisse, value 1l. 10s.; 1 gown, value 10s.; 1 cloak, value 2l. 10s.; 1 shawl, value 10s.; the goods of Eleanor Hook: 1 cloak, value 10s., the goods of William Scaley the younger: 1 watch, value 1l.; 3 brooches, value 2l.; 1 pair of gloves, value 1s., the goods of Helen Bulmer: and 1 neck-chain, value 15s., the goods of William Scaley.
MR. BODKIN conducted the Prosecution.
LYDIA FISHER . I am in the service of William Scaley, of No. 23, Colchester-street, Savage-gardens, in the parish of St. Olave, Hart-street. On the 30th of January, between one and two o'clock in the day, I saw the prisoner coming out of the back-attic of Mr. Scaley's house, with a blue bag in his hand—he went down stairs—I followed him—I did not observe him drop any thing—Mr. Kemapley, master's clerk, stopped him as he got out of the outer-door, to go out—my fellow-servant and I sleep in the back-attic—none of my property was taken—it is the custom to keep the outer-door of the house shut, but how it was that day I cannot say—the inner-door, leading to the dwelling-house, is usually kept shut—I had not noticed it that morning.
Cross-examined by MR. PRENDERGAST. Q. There are many other persons in the house besides yourself? A. Yes; Mr. and Mrs. Scaley, three children, Miss Bulmer, and the cook—I asked the prisoner what he wanted—he said, "Mr. Davis's office," and that he had made a mistake—he began to walk down rather slowly—I said, "Wait a bit," and then he ran down—I can swear he is the person.
JAMES HUDSON KEMPLEY . I am clerk to Mr. Scaley. I stopped the prisoner about one o'clock, going out of the outer door—I came out of the counting-house, the door of which is on the outer side of the inner door, hearing an unusual noise, and stopped him—Fisher came down about three minutes after—the outer door was then shut, and the prisoner was trying to open it—the inner door was open, as he had come through it—I had seen both doors several times during the morning—they were both shut—a bag was brought down stairs, which is here.
Cross-examined. Q. Who brought the bag down? A. One of the servants—I cannot say which—I have no doubt at all the doors were shut, but I do not know positively—I noticed they were shut in the usual way when I passed them—the inner door has a small catch, which opens outside by a key—there is a catch inside—I had passed it several times in the course of the morning, and perhaps half an hour before.
CHARLES CHAMBERS . I am a policeman. I was sent for to Mr. Scaley's house, and found the prisoner in custody—I searched him, and found on him six skeleton keys, a screw-driver, a gold neck-chain, a watch, three brooches, two pairs of kid gloves, and a silk handkerchief—I produce the bag—it contains a green cloth cloak lined with silk, a brown silk gown,
a black silk pelisse, a black silk shawl, and a small blue cloth cloak—I took the prisoner in charge—he said he was guilty—I said nothing to induce him to make that observation—I had examined the bag in his presence, before he said he was guilty, and found the things in it—it was lying down close by the door when I went in.
Cross-examined. Q. Did you find that neck chain on his person? A. Yes, in his trowsers pocket, with the other articles—I told him I must take him to the station-house, with he said he was guilty—he said so while I was tying his hands in the room—there were two or three persons in the room—I believe Mr. Scaley and Miss Bulmer were there.
ELEANOR HOOK . I am cook to Mr. Scaley. This green cloth cloak is mine, and this black silk pelisse, this brown silk dress, and this black silk, shawl—they were kept in my bed-room, the back attic, in a chest of drawers—they are worth 5l.—this blue cloth cloak is Master Scaley's, who is nine years old—that was kept in another chest of drawers in the same room—the watch belongs to Miss Bulmer.
Cross-examined. Q. How long have you had the silk shawl? A. About twelve months—it is worth 1l.—I have not worn it ten times—I think I gave about 1l. for it—the silk gown is worth 10s.—I have had that three years—the black silk pelisse is worth 1l.—I bought that last summer new—it is my own make—I gave 22s. for the silk—the doth cloak is worth 2l. 10s.—it is lined throughout with silk, and has a black rilk collar—I have had it about five years—it cost me 4l.
HELEN BULMER . This watch and brooches are mine, and these gloves—the value of my things is about 3l. as near as I can judge—this gold neck chain belonged to Mrs. Scaley, but was in a drawer with my things in my bed-room, which is opposite the servants' bed-room—I think it is worth about 10s.
Cross-examined. Q. The watch has not been of any service for some time, has it? A. It is an old one, which has been put away some time—I never used it, but I value it as an old friend—one brooch I gave two guineas for, and have not had it two months—I think I have undervalued the things.
(Lewis Levy, tailor, of Cutler-street, Houndsditch; Henry Solonous, Monmouth-street; Daniel Bernal, baker, Houndsditch; Samuel Samuels, Taylor's-buildings, St. Martin's-lane; James Gunn, and Sidney Solomons, gave the prisoner a good character.)
GUILTY of stealing in a dwelling-house above 5l., but not of breaking and entering. Aged 20.— Confined Two Years.
NEW COURT.—Wednesday, February 6th, 1839
Sixth Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 17.— Confined Three Months.
GUILTY . Aged 19.— Confined Six Months.
GUILTY . Aged 24.— Confined Six Months.
GUILTY . Aged 21.— Confined Three Months.
559. JOHN M'KENZIE was indicted for stealing, on the 20th of November, 250 crowns, 250 half-crowns, 300 shillings, 500 sixpences, and 150 four penny pieces, the monies of William Cook and others, his masters; to which he pleaded
GUILTY . Aged 30.— Transported for Seven Years.
560. HENRY ROBERT WOOLNOUGH was indicted for stealing, oh the 31st of December, 1 watch, value 3l.; 2 rings, value 1l.; 4 breast pins, value 3l. 10s.; 1 watch chain, value 2s.; 4 watch guards, value 4l. 8s.; 2 seals, value 7s.; 1 telescope, value 5s.; 2 snuff boxes, value 1l. 15s.; 1 watch key, value 10s.; 4 razors, value 2s.; 6 knives, value 9s.; 3 inches of gold chain, value 5s.; 3 inches of silver chain, value 2s.; 1 cigar tube, value 1s.; 2 studs, value 6d.;1 brooch, value 5s.; 1 box of toys, value 6d.;1 purse, value 1s.; 1 cameo, value 10s.; and sundry silver coins, value 9s., the goods of Daniel Elgar Spink, his master; to which he pleaded
GUILTY . Aged 19.—Recommended to mercy.— Confined Three
[The prisoner being called upon to plead stood mute, and the Court ordered a plea of Not Guilty to be recorded.]
DAVID ELDRED SHARP . I live at Mr. Henry Sibert's, in Fleet-strtet On the 7th of January, the prisoner came to hit shop between six and seven o'clock in the evening—he was a stranger—he asked if we had a Taglioni coat—I showed him a pilot coat—he tried it on—it fitted him very well—I then rang the foreman down—the prisoner asked him for another coat—he tried on a blue frock coat, which also fitted him—he then asked for 3 pair of trowsers, which he tried on—they also fitted—he then asked the price of them all—the foreman told him, and he bated him down to six guineas—he then said he had not sufficient money, and asked the foreman to send the lad, meaning me, to No. 63, Brewer-street, Golden-square, and he would pay me when I got there—the foreman told me not to let him have the clothes till I had the money in the other hand—I went out with the prisoner and the clothes, till we got to Smith's-buildings, near to Brewer-street—we went into a court, and when we got to a door there, the prisoner said, "Give me the parcel and I will bring you the money"—the took the parcel from me, pushed the door open, bolted it on the other side, and left me outside before I could recover myself—that door leads into Brewer-street—I saw the prisoner again on the 18th of January in Chancery-lane, and gave him in charge to a policeman—the prisoner said
"You must be mistaken," and he ran away en to the carper of the old Bailey—he ran in the door pf a gin shop at the corner, and out at the other door—he told the policeman who stopped him that he wished he had kicked his guts out—he appeared quite in his senses when he was at our shop, and asked for, a card of the shop in case he wanted any more things—I am sure he is the person.
JOHN HUGHES . I am foreman to the prosecutor. The prisoner is the person who came to his shop—when I came down he had a blue frock coat, and then he asked me for a pair of drab trowsers—I said we had black stripes—he said that would do, and he had a pair—he teal said if I would send any one with him he would send the money back—I told the boy not to part with the clothes till he got the money—I have never seen the things since—the prisoner had no appearance of a man whose mind was wrong—he bated us down 3s. or 4s., and, agreed to give six guineas for the things.
WILLIAM DEVONSHIRE (City police-constable No. 95.) At a quarter before two o'clock, on the 18th of January, the prisoner came running up the Old Bailey, and the boy after him—I stopped the prisoner—he said fee wished he had kicked my guts out—he said, "I know what you can do, you can only lag me"—he used very bad language to our inspector, and talked very well at Guildhail.
GUILTY . Aged 22.— Transported for Ten Years.
RICHARD SCOTT . I am a tailor, and live in Westminster-bridge-road. On the 21 at of December the prisoner came with a companion, and asked for two pilot coat A—I showed them two—one of them fitted very well, the other did not, but it answered the purpose—rafter agreeing for them, one of them said, "If you will send them over the water we will pay you for them, if you will send a bill and receipt"—I said, "Where is to go to?"—they said, "Near Westminster Abbey"—I called my errand-boy and my son and sent them with them, and sent a third person to see that all was right, but they wire all taken in—I have never seen either money or coats since—the coats were worth four guineas—I had no reason to think that the prisoner did not know what he was about—he said bit coat fitted very well, and asked for a card—he said he would fee an excellent customer another time.
JAMES PURKIS . I am the prosecutor's errand-boy. I saw the prisoner in his shop—I was to go near to Westminster Abbey with the coats—the prisoner did not say where be was going—my master told me not to part with the clothes till we got the money—I carried one coat, and my master's son carried one—they took us round College-street, and on till I did not know where I was—the prisoner's companion their opened a door, and the prisoner said, "The bill"—I gave him the bill—he then said, "The coats"—and we gave them to him—he then ran into the house, and the door was slammed to—we tried to prevent it, but we could not—we afterwards got the door open, and about twenty women came down and said they knew nothing of the persons—we have since found this was in Duck-lane.
THOMAS SCOTT, JUN . I carried one of the coats—when we got to the house the prisoner stood by the door and asked for the bill-r—the witness gave it him, and the prisoner then said, "The coats"—and he snatched
them out of our hands, went in, slammed the door, and bolted it—we could not stop it—the prisoner did not seem to want for sense then.
GUILTY . Aged 22.— Transported for Ten Years more.
HELEN SIMS . I am bar-maid to Mr. Bromley, of Bishopsgate-street—the prisoner was his housemaid. I lost a ring—I cannot say where it was taken from—I never wore it while the prisoner was there—it was in my pocket, and I might have lost it out of my pocket—the prisoner slept in the same room with me—I missed it on the 13th of January—this is it—(looking at it)—it is worth three guineas.
Cross-examined by MR. PHILLIPS. Q. You might have lost it? A. Yes—I did not see it from the 13th till the officer produced it—the prisoner came into the service on the 12th, but she had before that come backwards and forwards to assist her sister, who lived in the service—I went out in a cab on Wednesday or Thursday the 10th—I did not miss the ring on the 10th, but on the 13th, and on the 14th I sent the pot-boy to look for the cab man, as I thought I might have lost the ring in the cab—I cannot say whether I had it on my finger in the cab—I sometimes kept it in a drawer, and sometimes in my pocket—I could not say whether I had it in my pocket on the 10th—I might have lost it outside the door.
COURT. Q. Had the prisoner ever seen the ring in your custody? A. I do not know that she had.
THOMAS HOW BROMLEY . I keep the public-house. The prosecutrix complained to me on the 13th, that she had lost her ring—the prisoner was not present—the prisoner left my service on the 19th—I sent for her on the 22nd, and charged her with taking the ring—she denied knowing any thing about it—she then began crying, and said she found it at the street-door, and then confessed, in presence of the officer, that she had sold it to a man in the lane for 10s.
Cross-examined. Q. Did you not first accuse her of stealing it? A. Yes.
FREDERICK PRINCE (City police-constable, No. 5.) I took the prisoner on the 22nd—I asked her where the ring was—she said she had sold it in the lane for 10s.—I took her to the station-house—her sister came and said, in case the parties would not hurt her, she would produce the ring—I went to the house they lived at, and in a few minutes her sister came in with the ring.
NOT GUILTY .
ALEXANDER SHANKEY . I live in Houndsditch, and am in partnership with my father. We deal in East India curiosities—the prisoner drove the cart, and took out goods—he was occasionally in our shop—on the 22nd of December he lost a box of tea, value 6l. 17s. 1d., in a careless kind of manner, and he stated he was married to Mr. Ward's wet-nurse, and he had bought some new chairs—I afterwards went to Mr. Ward's to see if the wet-nurse was his wife—I then went home, and in half an hour Mr. Ward came to me with this tea-caddy, which is ours—the prisoner had access to all parts of my house.
Cross-examined by MR. PAYNE. Q. When was this caddy brought to your house? A. On Thursday, the 3rd of January—I did not see the prisoner that day—I told him the next morning about it, and gave him into custody—I had given him some old lumber about the beginning of October, but I did not give him the caddy—I told him he must pay me 2s. a week for the loss of the chest of tea—I only received 2s. of him—I discharged him, and told him to call, and I would consider whether I would pay his wages, as he was charged with taking two half-crowns from the servant—I had not missed the caddy when I told him to come next day for his wages—I perhaps had not seen this caddy for three months.
MARY ATKINS . My daughter is wet-nurse at Mr. Ward's. The prisoner came to my house with a tea-caddy, on the 1st of January—he desired me to give it to my daughter, as a present from him—I gave it to her on the Wednesday evening, and she took it home with her, and Mr. Ward returned it to the prosecutor.
(The prisoner received a good character.)
GUILTY . Aged 20.—Recommended to mercy.— Confined Three Months.
565. JAMES SEAWARD was indicted for stealing, on the 4th of January, 1 1/2 yard of woollen cloth, value 20s., and 2 1/2 yards of linen cloth, called drill, value 5s.; the goods of Thomas Bousfield and others, his masters.
MR. THOMAS BOUSFIELD . I have two partners—we are slopsellers, in St. Mary Axe—the prisoner was in our employ as a cutter—I had reason to suspect him, and on the day stated, as he was going from his usual employment, at eight o'clock in the morning to breakfast, I called him into the private counting-house—my brother and one servant were there—we said we suspected him of taking what did not belong to him—he said he was sorry, and I believe denied it—we found this woollen cloth in his hat, and this piece of drill was found at his lodging—they are ours—he had 18s. a week.
Prisoner. Q. Can you swear to the drill? A. I believe it is ours, but the woollen cloth I can swear to—some other pieces of cloth were found at your house—they are such as we use, and I believe are ours.
JOHN SWEETON . I am a cutter, in the prosecutor's employ. I gave information respecting this, and the prisoner was taken—I was not present when the property was found, but I believe this is my master's—I had seen the prisoner cut off a piece of cloth similar to this, and wrap it up in a very peculiar shape, which excited my suspicion—he had been about four months in the employ—he was a learner.
Prisoner's Defence. A man of the name of Overly gave me the drill to make a pair of trowsers for him.
JOHN OVERY . I am a painter, and live at No. 2, Sugar-loaf-court, Minories. I gave the prisoner a piece of drill about six weeks back to make a pair of trowsers—I bought the drill down at Romford, where I was doing a job at the White Hart, for myself—I bought it of a man who takes things about—this piece looks very like it, but I have no private mark on it—I bought the remnant which was two yards and a quarter—I gave 2s. 3d. a yard for it—I bought two pieces, I gave 6s. for one, and 5s. for the other.
GUILTY . Aged 29.—Recommended to mercy.— Confined Six Months.
566. MARK HARRIS was indicted for stealing, on the 28th of January, 4 pairs of trowsers, value 3l. 14s.; 1 coat, value 2l.; 1 pair of boots, value 16s.; 3 pairs of shoes, value 13s.; 9 handkerchiefs, value 1l. 15s.; 5 waistcoats, value 1l. 15s.; 7 shirts, value 1l.; 24 pairs of socks, value 1l.; 6 brushes, value 6s.; I printed book, value 8s.; 30 cards, value 6d.; and 1 portmanteau, value 15s.; the goods of Samuel Cornish Walker.—2nd COUNT, stating them to be the goods of Michael Jerdein and others.
THOMAS ALLUM . I am in the service of the Parcels Delivery Company—Mr. Michael Jerdein is one of the head proprietors, there are several others. I had the care of one of their carts on the 28th of January—I was the driver—I had a parcel to deliver at No. 12, Jamaica-terrace—I stopped at No. 37, Fenchurch-street, to deliver a parcel, and while I was doing so, I saw the prisoner at the hind part of my cart—he took a portmanteau from the roof of the cart, threw it on his shoulder, and carried it off—I could not leave the cart immediately, but I followed him in two or three minutes—I came up with him, and knocked the portmanteau off his shoulder, and asked him where he got it from—he said, "Pray, let me go, don't hurt me?"—this is the portmanteau—(looking at one,)
Cross-examined by MR. PAYNE. Q. Is there not a conductor to each cart? A. Yes—the conductor was a boy, named Mitchell—foe was in Lime-street at that time—he did not see anything of it—I had not left the cart—I was stopping at the door, where I had taken a parcel into the shop, and was coming away—I was about two yards from the cart—he had got on to Leaden hall-street, which is two hundred yards or more, when I stopped him—I kept him till the policeman came—he said a man gave it him to carry from Gracechurch-street to Houndsditch, and he was to have 6d.—I was standing, looking at him, when he took it from the cart, but I did not give an alarm, as I should have lost him—I should have had to make the parcel good.
(Solomon Hyams, a fishmonger, of Middlesex-street, Whitechapel; and John Moseley, a confectioner, of Goodman's-yard; gave the prisoner a good character.)
GUILTY . Aged 18.— Transported for Seven Years.
567. ELIZABETH LOW was indicted for stealing, on the 30th of April, 1 carpet, value 4l.; 7 shirts, value 3l.; 8 spoons, value 3l. 10s.; 1 hearth-rug, value 1l.; 2 table-cloths, value 1l. 10s.; 2 sheets, value 1l.; 1 pair of sugar-tongs, value 10s.; 2 blankets, value 12s.; 1 counterpane, value 10s.; 1 night-shirt, value 3s.; 2 bed-gowns, value 2s.; 1 gown, value 2s.; 2 shifts, value 5s.; 2 towels, value 1s. 6d.;1 table-cover, value 2s.; and 1 handkerchief, value 1s.; the goods of Isaac Ward, her master.
ISAAC WARD . I live in King-street, Snow-hill. The prisoner came into my service on the 5th or 6th of February last—I lost the articles stated from different parts of my house—this carpet (looking at it) is mine, but she has divided it into two—these spoons are mine I believe—they are not marked, but they do not exactly match one another—these sheets are mine; here is my name marked in full length on them.
JOHN CHRISTOPHER FRY . I am a pawnbroker in the service of Mr. Martin, of Snow-hill. I have two blankets, a gown, and a shirt—some of them were pawned by the prisoner, I know, and she might have pawned them all.
GUILTY .* Aged 44.— Transported for Seven Years.
568. HENRY BROWN and JAMES SMITH were indicted for stealing, on the 5th of January, 1 bag, value 1d.;40 sovereigns, 10 half-sovereigns, and 1 £5 Bank-note; the property of William Axom, from his person.
WILLIAM Axom. I am a pork-butcher and a little farmer, at Romford. I had a bill against me of 50l., and I came to town to take up that bill—I had 50l. in my pocket, tied up, on purpose to take up that bill—there was 45l. in gold, and a note for 5l. on the Romford Bank—I got to town rathere before eleven o'clock in the morning of the 5th of January—I expected the bill was at Hill and Son's, in Smithfield; but when I got there it was in Lombard-street, and I went back to Lombard-street—I met the prisoner Brown, as I was going to Smithfield, very near to St. Paul's church—he said, "What church is this here?"—I said, "I believe that is St. Paul's"—he asked me to show him round it—I told him I had business to do at Smithfield, I could not stop then—I walked on, and he walked with me as far as Little Britain, and there he asked me if I would take a drop of something to drink—I said, "I don't care if I have a glass of gin"—we went into a public-house, and he said, "Suppose we have a glass of gin and water"—he called for it, and paid for it—while we were there the prisoner Smith came in, and another man came in just after him—the other man took out of his coat pocket a great bundle of notes of some sort—they appeared to me as though they were Hank of England notes—he said he had got them from the bank, that he had received 200l., and be meant to be very liberal to the poor—he asked me where I lived—I told him I had just come from Romford—he said he would treat us, and asked whether there were any poor people at Romford—I said, "Yet, there are a great many poor people round the neighbourhood"—he asked me if I would take a £5 note, and take the trouble to buy 5l. worth of coals to give to the poor where I thought they were needy—I said, "Yes, if you think proper to let me have a £5 note I will put my trouble to it, and it shall be done"—he then separated a note out, and said I had better put it away with toy money—I was foolish enough to take my purse out with my money in it, and Smith, the prisoner, snatched it out of my hand—they were all three at that time sitting close together—after my purse was snatched Smith put it between his legs—they then had a large sheet of brown paper and began to rumple it up—I thought I was with sharpers—I caught my own purse and got it again—I could feel by the weight of it that I had got it right—I left the room instantly—Brown came out after me, and walked with me as far as the banker's in Smithfield—I said to him, "They are the sharpers, I think—I thought it was best to be off as quick as I could"—he said very little to me then, but the man who had the notes had chucked down a half-crown, and Brown said, "We may as well nave a glass of brandy and water"—I said, "No, this will be quite enough for me"—they
had a glass of brandy and water—I cannot say whether the man who had the notes had any of the gin and water—but Brown asked him to drink—the man who had the notes went out for two or three minutes, then he came in and called for two glasses of brandy and water more.
Cross-examined by MR. CLARKSON. Q. How many times have you been before a Magistrate? A. Twice—I cannot read—I am not much of a judge of a bank-note—if the man had handed me one of the notes I should have taken it for a £5 note—I went to Smithfield, and then back to Lombard-street, and there took up my bill—I did not tell the Magistrate that it was the man who was not in custody who snatched my bag—after this had happened I went to the door—I beckoned Brown out, and he came out with me—I did not lose any thing, but I expected I should lose my 50l.—and if it had not been for the policeman I think I should—I snatched my bag again in less than half a minute—the Magistrate did not say he would remand the prisoner in hopes there would be a stronger case next time—he said he must put off the trial.
GEORGE STEVENS . I keep the Rose and Crown, in Little Britain. On Saturday, the 5th of January, about twelve o'clock, the prosecutor and the two prisoners came to my house—there was another person—they all came in within a few minutes—the prosecutor came in with one of them—I did not take particular notice of their coming in, but I am certain the prosecutor was there, and the prisoners, and another man—they all followed each other along the passage, and went into the par lour—I went in with some ale, gin and water, and brandy and water—when I took the grog in, the money was on the table—after they had been there a little while, they all drew their chairs close round the prosecutor—I spoke to the officer, and he came in just as they were going out, and after they had gone out, I saw one or two of them go to another public-house, not above twenty yards from mine—I do not know whether the prosecutor went in, he was at the door—one of them went out of my house a little before the other—the prosecutor, and two of them, went out together.
CHARLES BURGESS . (City police-constable, No. 25.) In consequence of what was said to me, I went home and changed my clothes, and then went to the Rose and Crown—Mr. Stevens told me that the men were gone—I turned round, and saw the prosecutor and Brown come out of the Swan and Horseshoe—I saw Smith at a little distance from the steps of the same public-house, about four or five yards off, and I saw a person coming out of the Britannia public-house—Mr. Stevens said that was another of them—that was the third person.
Cross-examined. Q. Did you know the person of that third man? A. Yes, by his coming to my house—I pointed him out to the officer—I do not know where he is now—I did not go from my own door.
CHARLES BURGESS re-examined. I got behind the prosecutor and the prisoners, and the third person came on into Smithfield—I there lost sight of them in going between the hay carts, and did not see which public-house they went into—I lost the third person, but the two prisoners came out again, and I and a brother officer apprehended them in Butcher-hall lane.
Cross-examined. Q. Were you at the first examination? A. Yes; the Magistrate did not say he expected a stronger case against them—when we left the office, I went to the Computer—I did not take them to a public-house
on the road, or a beer-shop—they went and got some bread and meat, but no beer.
Q. Did you not go to a public-house in Little Britain, and drink ale or beer with them? A. I did not—when they were committed, or on the day of the remand, we went to a public-house in Witling-street, and had one pot of porter, but no ale or spirits—all the conversation we had was, that they wanted to have more, and I would not permit them—I positively swear that on the day of the remand, when they had the meat, we did not have any gin or brandy—I did not go with them on that day to any public-house in Little Britain—I did not drink any spirits or spirits and water with them at any public-house at any time—the prosecutor did not say, on the first examination, that it was the one who got away who snatched hit bag—he gave no evidence who snatched it—he said it was snatched, but the question who it was was not put to him.
Q. Did you say to the prisoners, or to either of them, at any time, that it was lucky for them that the old man could not prove who H was that snatched the bag? A. No, nor any thing to that effect—I did not say any thing to them at all about what the prosecutor said—they heard what he said in the watch-house—I did not say they would be turned up, meaning they would be discharged at the next examination—the prosecutor did not say, when I took them, that he had no charge to make against them.
(William Turner, a bricklayer of Chesham, in Buckinghamshire, and—Runce, a publican of Chesham, deposed to Brown's good character; and Aaron Wiltsher, a butcher of Guildford-street, and—Bowler, undertaker, of Princes-street, Edgware-road, to that of Smith.)
BROWN— GUILTY . Aged 22.
SMITH— GUILTY . Aged 30.
Transported for Ten Years.
Fifth Jury, before Mr. Recorder.
569. MARTHA WALTERS was indicted for stealing, on the 23rd of December, I looking-glass, value 10s.; 2 blankets, value 11s.; 2 sheets, nine 3s.; 3 pillows, value 5s.; 1 counterpane, value 2s.; and 20lbs. weight of feathers, value 16s.; the goods of William Spittle.
WILLIAM SPITTLE . I live in Baker's-buildings, Liverpool-street—the prisoner came to lodge there about fourteen months ago. I was in the Hospital at the time the lodging was taken—it was taken of my wife, who is now ill in bed, and my daughter—a man lived with the prisoner, who was called Walters—they lived as man and wife—they left about the 7th of January, in the night—I did not go into the room till I had them taken—I then found the room was stripped entirely—I missed the articles stated, which had been let for their use—the looking-glass I have received again from the pawnbroker—the prisoner was apprehended on the 7th of January.
CATHERINE BLYTH . I am the prosecutor's daughter. I gave Mrs. Walters the key of the room in the evening—the articles which have since been missed were in the room, when they took it—we did not miss. any thing till the Wednesday after the prisoner was gone.
GEORGE SPENCER . I live at Mr. Foulcher's, a pawnbroker, in Sun-street, Bishopsgate—I have known the prisoner two or three years, by her using our house—I produce three pillows, a blanket, and some sheets, pawned by her, between October 1837 and June 1838—I believe she was in distress
—I have had these things brought many times in the morning, and taken out again at night.
Cross-examined by MR. PAYNE. Q. Did she and her husband live together? A. Yes, the man was sometimes out of work, and the rent ran up to the amount of 8l. 2s.—they paid it as they could—they were both ill—the woman first, and then the man—he was at home in the daytime.
COURT. Q. Could any article have been removed without his missing them? A. He must have missed the looking-glass and the things from the bed—he slept away lately, while he had his last situation.
NOT GUILTY .
ALEXANDER RICHARD GODDARD . I am warehouseman to Messrs. Edmund Pontifex and others, coppersmiths, in Shoe-lane. On the 1st of January, the prisoner came to the warehouse and produced this order to me—I believed it to be genuine, and did not ask him any questions, but furnished him with the goods stated in the order—we have a customer of the name of George Wagstaff—this is the order the prisoner brought, and the receipt he gave me for the goods—(read)—"Messrs. Pontifex and Co., Please to let the bearer have 6 lengths 1 inch pipe.—G. WAGSTAFF." "Received from E. and W. Pontifex and G. Wood, 6 lengths of 1 inch pipe.—J. HUNT"
Cross-examined by MR. DOANE. Q. Who did Wagstaff generally send for his goods? A. His plumber or labourer—we dealt with two persons of the name of Wagstaff, but there is only one G. Wagstaff—I have been nine or ten months with my employers—these receipts are printed—the prisoner only put the name of "J Hunt" to the bottom of it—I had had similar orders to this from G. Wagstaff before, and written in a similar handwriting—I took it for a genuine order.
GEORGE WAOSTAFF . I live in Bartlett's-passage, and am a customer of Messrs. Pontifex. I did not send the prisoner with the order—it is not my writing, nor the writing of any person belonging to me—I think I have seen the prisoner, but I do not know any thing of him.
Cross-examined. Q. Had you been in the habit of sending orders to Messrs. Pontifex? A. Yes, my son writes them sometimes—I am positive this order is not my son's writing—my foreman is authorized to send orders, but he signs, "J. Curtis, for George Wagstaff."
MR. DOANE. on behalf of the prisoner, stated that the order had been given him by a plumber in a public-house.
(The prisoner received a good character.)
GUILTY . Aged 22.— Confined Two Years.
1st of January I was passing those premises, and saw the prisoner coming out with this saw in his hand—I stopped him, and asked him what he was going to do with it—he said some person had sent him for il—he tried to get away, while he was struggling his coat came off, and is the pocket of it I found this plane belonging to Shepperd—the saw is Wyborn's—they worked there, but were gone to dinner at the time.
(The prisoner pleaded poverty.)
GUILTY . Aged 40.— Confined One Month
JOHN HALLAM (police-constable 72 S.) I was in Henry-street, about ten o'clock—I saw the two prisoners and another lad standing at the prosecutor's shop—Mosely went to the window and took a black pudding, and put it in his bosom, then Johnson went and took a string of puddings, and they all ran away—I pursued—when I got near to Johnson he tinned and threw the puddings at me, and struck me in the breast—I still followed and took him in the New-road—my brother officer took Mostly.
Johnson. We were going along, and a boy asked if we would have them—I ran on with them—the policeman hit me with his staff and knocked me down.
NOT GUILTY .
573. WILLIAM LEWIS MACKLIN was indicted for stealing, on the 10th of November, 1 shirt, value 6s.; 1 pair of shoes, value 5s.; 4 handkerchiefs, value 7s.; 1 hat band, value 3s.; 1 pocket-book, value 2s.; 5 brooches, value 20s.; 4 breast-pins, value 10s.; and 2-boxes, value 6d.; the goods of William Samuel Laming.
WILLIAM SAMUEL LAMINO . I live at Kingston. On the 8th of November I left a portmanteau at the Angel Inn, in Farringdon-street—it was fetched away on the Saturday following—I observed that the catch of the lock had been affected, and I missed from the portmanteau a shirt, a pair of shoes, and the other articles stated in the indictment, which were worth at the lowest estimate 2l. 13s. 6d.—I went to the Angel, and found my shirt on the prisoner's back—he was under-ostler there.
I took the prisoner at the Angel yard—he was acting there as a servant—he denied the robbery—the prosecutor then asked him to let him look at his shirt—I took him into the stable, and the prosecutor identified this shirt, which was on the prisoner's back—the prisoner said it was his own—the other things were mentioned, and he said he knew nothing about them—but on the Thursday following, as we were going to Guildhall, he said, if the prosecutor would not appear against him he would make the things all right.
Prisoner. I said, rather than be scandalised, I would pay him for what he had lost, if he would not appear against me.
WILLIAM SAMUEL LAMING . This is my shirt, and was in my port-manteau—I know it by the mark W. S. L. No. 8.—my brother brought the portmanteau from the Angel on the Saturday, and it remained in his possession till the following Tuesday—I found the hasp had been wrenched off, but the straps were buckled down, and no one would know it had been opened till they were taken off.
GUILTY . Aged 23.— Transported for Seven Years.
SAMUEL ROSE . I live in Bowling-green-lane, and am a wheelwright. On the 11th of January, the prisoner came, and asked if I had got a job for him—I said I had not—I was obliged to go out, and I left him there—I returned in about three hours, and found him still there—I went out again after that for half an hour—I afterwards missed a screw-plate and taps.
Prisoner. I never was in your house in my life—did you take them in of me? A. Yes, I lent you 1s. on them—he has pledged there for two years—I am positive he is the man.
Prisoner. I never laid my hand on any one article in the prosecutor's shop—I never saw the screw-plate till it was in the hand of the officer. GUILTY . Aged 38.— Confined One Month.
MR. CLARKSON conducted the Prosecution.
JAMES HAWES . I am a foreman in the employ of the East and West India Dock Company. On the 15th of January, I was engaged in the tea warehouse of the West India Import Dock—the prisoner was an extra labourer in that warehouse, and was at work in the east wing—there are four floors on each division—I observed the prisoner in the west division, where he had no business—I asked what he had been doing there—he said "looking for a truck"—I told him to go to his work, and took no further notice of it—on the next morning, about the same hour, I saw him going to the same spot—I then said nothing to him, but watched him—there
was in that west wing a chest of gunpowder tea, No. 13—I saw him remove the lid, put his band in, take out some tea, put it in a small bag, and put the hag into his pocket—he then left, and went to another room—I followed, and called him, but he went on—I called him a second time—he took no notice, but ran—I ran, and caught him—I told him to give me the tea he had—he said he had none—I said he had—I attempted to take the bag from his pocket, and in the struggle he contrived to empty the whole of the contents of the bag into a basket of rubbish which was there—I sent for an officer, and gave the prisoner in charge—I then went back to the chest, and saw evident marks of its having been plundered—I weighed it, and found it one pound deficient, as near as I can tell—I saw him empty about three-quarters of a pound into the basket.
Cross-examined by MR. PATNE. Q. Where were you? A. At the bottom of the warehouse; between me and him there was a stack of chests—I was close to them, and peeping round the corner—I believe he could not see me—I was not 100 yards from him—the floors are lighted back and front.
HENRY SHIPP . I am a Thames police-officer, in the employ of the Company. I was there on the 15th of January, and took the prisoner—the foreman told him the charge in my presence—the prisoner made no answer—I examined the rubbish-basket, and took off the top about three quarters of an ounce of tea, of the same quality as that in the chest—I think there must have been three quarters of a pound, or a pound—I went to the prisoner's house the same morning, and found something there.
GUILTY . Aged 44.— Confined Six Months.
RICHARD GUY . I live in Park-terrace, Regent's-park, and am a poulterer. I was sitting at a desk in my shop, on the 4th of January, about three o'clock, and saw the prisoner take one pound of sausages from a basket outside—he ran away, and I followed—he saw me, and threw them down—I picked them up.
GUILTY . Aged 19.— Confined One Week.
OLD COURT.—Thursday, February 7th, 1839.
Fourth Jury, before Mr. Sergeant Arabin.
577. WILLIAM SMITH and JOHN SALE, alias Sole, were indicted for stealing, on the 27th of December, 118 lbs. weight of lead, value 20s., the goods of Donald Currie and another, and fixed to a building; against the Statute, &c.
WILLIAM FRENCH . I am a policeman. On the 27th of December, between two and three o'clock in the morning, I was in Grove-street, Hackney, on my beat—I heard a noise in a house, like the moving of tiles
—I went round to the front door, and found it on the latch—I opened it, and heard somebody rattling about up stairs—the sergeant came by, and gave me a lantern—I went up stairs, and he remained below—as I got on the landing, I was attacked in a most furious manner by a dog—I heard voices calling the dog—I went into the room, at the top of the house, which was three story high, and found a quantity of lead on the floor, and the two prisoners lying down concealed under some old sacks, with their clothes on—the lower part of the house is occupied, but not the upper part—i went down stairs and told the sergeant—we went up stairs, and ordered them to come down—we took them to the station-house, then returned, and in the room found a hole sufficient to admit a man's body through on the roof—the tiles, and lath and plaster, were taken off—they had got on the roof, and into the house that way, as I heard them moving the tiles—I found the gutter had been recently taken up from different parts—the prisoners' clothes were very dirty, just the same as there was on our own clothes, with getting through the hole—their knees and the toes of their shoes were very dirty with dry mortar—the lead belonged to the gutter—it was two whole gutters—there had been three gutters, and one was gone entirely—as the prisoners came from the station-house to Worship-street, Sole said, had he got it away, it would have made a good hiss in the pan, meaning a good fry of beef-steaks, and a pot of beer—the lead fitted the gutters—there was 118 lbs. weight of it.
DONALD CURRIE . I live in Regent-street. I have the care of this house as an executor—the lower part was occupied, but not the attic—I understand a relation of one of the prisoner's lives in the next house.
Smith's Defence. I was coming home on the 27th and met Sole—I let him go home with me as he said his parents were gone to bed—I went there and laid down, and afterwards heard somebody walking about—they came up stairs, and the dog flew at them—it was not our dog—we called him away—the policeman came and took us—I never saw the lead.
Sole's Defence. I met Smith about half-past eleven o'clock—I was rather intoxicated, and could not get in at my own house, and knowing he had lodged at that house nine months, I asked him to let me sleep with him—he said, Yes, I could make the same shift as he did.
SMITH—GULITY. Aged 23.
SOLE†— GUILTY . Aged 21
Transported for Seven Years.
Before Mr. Justice Vaughan.
578. JOHN KEEFE was indicted for feloniously, knowingly, and without lawful excuse, having in his custody and possession a mould, upon which was made and impressed the apparent resemblance of the obverse side of a shilling. 2nd COUNT, stating it to be the reverse side.
The HON. MR. SCARLETT and MR. ELLIS conducted the Prosecution.
WILLIAM REYNOLDS . I am a constable. On the 4th of January, about half-past twelve o'clock, I proceeded in company with Duke and Hall to a house at the corner of Carrier's-street, in Church-lane, St. Giles's—we found the street door open—we went to the front-room two-pair, and found the door fastened—I immediately burst the door open, and found the prisoner standing by the fire—he threw something from his hand and put his
foot on it, and succeeded in breaking it—I found it in pieces—I afterwards shoved him to the other aide of the room—he struggled very violently——his wife at that time came to his assistance, trying to get him away from me—I threw him across the chair—Duke came to my assistance—I got him off the chair and saw him bleeding at the neck—I asked him what be had been doing to himself there—his wife said I had done it—I picked up a small knife just against the chair—he said it was an abscess he had in his throat, and I afterwards found it to be so—I delivered him over to the custody of Hall—I then picked up off the floor near where he was standing, a bit of a poker which the door had been previously fastened with—the catch of the door was lying with it, having been forced off—there was no other fastening to the door than that—he said it was the only fastening they had to the door—I took this iron spoon off the fire—it was a very brisk coke fire—there was a little metal in a fused state in the spoon at the time—it appeared to have been placed there—the bowl was on the fire, and the handle off the coals—I brought both the prisoner and his wife away, and took them into the parlour of the Rose public-house—I searched the prisoner there, and found 1s. 6d. good money on him—I said to him, "It is a pity a young man like you should get yourself into this trouble"—he said he did not care so much about himself as he did about his wife and children—he had better do that than starve.
Cross-examined by MR. PAYNE. Q. Had you said any thing to induce him to say that? A. No, there were several persons present—his wife was crying there, and said she had only been confined a fortnight—I kid hold of him by the collar, but not so that my hand coald go against the abscess—Duke also had hold of him—his hand could not have produced it—the blade of the knife was open, but there was no blood on it—I had got him across the chair, and his face was down wards—I thought he had cut his throat with the knife—it was not produced by our violence—it might have been done in the struggle—he had the mould in his band when I entered the room—I went there from information I had received
ROBERT DUKE . I accompanied Reynolds and assisted in securing the prisoner—after that I went to the fire-place and picked up the pieces of the mould for a shilling—they were hot, and on the hearth in front of the fire-place, about two yards from where the struggle took place—the pieces were quite hot and broken—they have been since put together—it appeared as if metal had been poured into it—I also found a shilling quite hot on the hearth among the pieces of broken mould, and also some parts of broken moulds for half-crowns and sixpences on the hearth among the others, but sufficient to discern what they are for—I asked the prisoner if he had any thing else, such as files and so on—he said, "No, it is no use, if I had I would tell you, but I have not."
WILLIAM HALL . I went up stairs soon after the other officers, and took charge of the prisoner—I searched about the room, and in the drawer of a small table I found three white-metal: spoons—I asked the prisoner if it was his place—he said it was, and that the goods belonged to Mr. Mason, his landlord, except two small boxes.
MR. JOHN FIELD . I am inspector of counterfeit coin, and have been in the habit of examining counterfeit coin many years—this is a plaster-of-Paris mould, on which is impressed the obverse and reverse sides of a shilling, dated 1816—it appears to have been used for the purpose of casting shillings, from the discoloration of the channel, by the metal being poured
into it—the shilling produced is a white-metal counterfeit shilling, which has been cast in this mould—I can say that from the mould being broken across—the shilling has the impression from that crack, as if it was thrown down while the shilling was hot—these others are pieces of plaster-of-Paris moulds for casting counterfeit half-crowns—they have the impression of both sides of a half-crown, and have been used—the shilling mould would produce a resemblance of a current shilling—the impression in the mould has been made by a good shilling—the other is a mould for six-pences—the spoons are Britannia metal of a similar kind to the shilling—the iron spoon has white-metal of the same description in it.
Cross-examined. Q. Have you compared the shilling made of Britannia-metal with a good shilling, to be satisfied that it represents it in all respects? A. I have, and have compared the impression of the mould also.
GUILTY .†Aged 23.— Transported for Life.
Before Mr. Justice Williams.
579. THOMAS EDSELL was indicted for unlawfully, maliciously, and feloniously assaulting John Richard Carter, on the 16th of May, and cutting and wounding him on his face and chin, with intent to maim and disable him.—2nd COUNT, with intent to do him some grievous bodily harm.
MESSRS. ADOLPHUS and PAYNE conducted the Prosecution. JOHN RICHARD CARTER. I am a common informer, and live in Paradise-street, Lambeth—the prisoner is a hackney-coach driver. In May last I appeared against him about driving a coach—on the night of the 16th of January, shortly before ten o'clock, I went into Palace-yard with Felstead for tlie purpose of taking a cab to go home—I had not been there many minutes when I saw a person named Norris go into the tap under the King's Arms tavern there—he came out shortly after with one Jobbins and several others—Felstead was assaulted by Jobbins, who commenced beating him with a bludgeon, a thick stick—Norris said, "Go it! give it 'em!"—I called "Police" as loud as I could, and while doing so I was knocked down by the prisoner—I had not said or done any thing to him—after I was down he fell upon me, and inflicted a wound on my chin, which cut. It very nearly to the bone—I lost my hat in the struggle, and picked up another, which, to the best of my belief, was the one which the prisoner wore—that hat is now in the constable's possession—my chin bled profusely—I made the best of my way home, and, as soon as I could, got assistance from Mr. Collambell, a surgeon.
Cross-examined by MR. PHILLIPS. Q. How long have you followed your respectable occupation of common informer? A. Nearly six years—in the course of that time I have laid many informations against other people as well as the prisoner—I live by it—it was a summons I had against the prisoner, not an information—it was addressed to the proprietor of the carriage and to produce the driver—I did not give the prisoner any money after the conviction—I do not recollect ever giving him any money in my life—I did not give him 1s. after the conviction, to the best of my belief—I gave his wife 1s. I believe—I recollect giving her something perfectly well—I have a doubt about how much, but I think it was 1s.—Felstead is one of the same class with me—he is my assistant—he gives evidence on oath—I stated at the police office that Jobbins assaulted Felstead, and that Norris said, "Go it, give it 'em"—(looking at his deposition)
—this is my hand-writing—I do not think what I said was taken down it the exact terms I gave it—I believe the words in the deposition are "Felstead was assaulted"—I swear I mentioned the name of Jobbins—what was taken down was read over to me—I was not particularly desired to attend to it, but I did attend to it—I signed it—I did not tell the clerk he had not taken it correctly—the substance was there—I told the Magistrate that I was knocked down by the prisoner—(the witness's deposition being read, was "he was assaulted by a man there")—I had been taking something to drink that evening—I had drank at the Shades at Charing-cross, and at another house in St. Martin's-lane—I do not know the sign—I might have been to other places, but I do not recollect it—I may have been in one or two more houses—I was in one in Palace-yard—that is all to the best of my recollection—I swear positively I was not in three others—there might have been one other—the first was in St. Martin's-lane, the second in St. Martin-street, the third at Charing-cross, and then in the neighbourhood of Palace-yard—they are all I recollect, and I think I can swear positively that is all.
MR. ADOLPHUS. Q. Under what circumstances did you give the prisoner's wife 1s.? A. She came after the conviction had taken place, and said it might be the means of the man losing his situation—that was what induced me to give it to her—that was the only reason—I think I went to the first pablic-house on this evening, between seven and eight o'clock—I was not at all the worse for liquor—I saw a man named Cave that evening—Felstead had been to all the public-houses with me—I had been in company with him all the evening.
COURT. Q. What was the prisoner convicted of? A. Not having the proper numbered plate inside the hackney coach which he drove.
JEREMIAH FELSTEAD . On the 16th of January I was in company with Carter all day—I am also a common informer—at near ten o'clock at night we were at the coach-stand in Palace-yard—neither of us were at all the worse for liquor—after we had been there a very short time a person named Norris went down into the tap of the public-house, and in a short time the prisoner and fifteen or sixteen more came up—the tap is a low cellar under the King's Arms tavern—a man named Jobbins began beating me with a bludgeon, and Norris said, "Go it, give it 'em"—Carter called out "Police," and Jobbins ran away—I turned round and saw the prisoner knock Carter down with his fist—they both fell together, and when the prisoner got up I saw something in his hand which I thought was the blade of a knife—Carter was cut across the chin two inches or two inches and a half in length, and was bleeding very fast—he had lost his hat—there was another old hat lying on the pavement, which he took—I took him home, and a surgeon attended him.
Cross-examined. Q. Did you tell the Magistrate that Jobbins knocked you down? A. No—he did not knock me down—I did not hear Carter examined—I told the Magistrate the name of the man who assaulted me with the bludgeon—I swear that—what I said was taken down and read over to me—I did not correct any part of it—(The witness's deposition being read, only referred to the assault on the prosecutor)—I was with Carter all day—William Cave, a person named Lowndes and Clark were with us—we had been drinking at some public-houses in the evening—we were in three or four—I recollect four—we drank in each of them—I have been an informer three or four years—I am in Carter's service—I swear for him—I
live by speaking truth on oath—I generally go as far as Palace-yard with Carter—we were not doing any thing there.
MR. ADOLPHUS. Q. Did you lay before the Magistrate any complaint respecting the assault on you? A. Yes, against Jobbins and Norris—the Magistrate took my depositions on that—I mentioned in those depositions the parties I accused—and Jobbins and Norris were held to bail at the Westminster Sessions in May last I heard the prisoner say that he should like to stick a knife into Carter—that was after the information had been laid.
ALGERNON SMITH . I am a constable of Queen-square. I took the prisoner into custody, on the 17th of January, close by the office in Broadway, Westminster—I told him I had a warrant against him—he did not make any remark—I have seen the prisoner before, and know him perfectly well—I have a hat in my possession, which to the best of my belief I have seen the prisoner wear, but I do not speak positively to it—I received it from Carter on Saturday the 19th.
CHARLES COLLAMBELL . I am a surgeon, and live in Canterbury-place, Lambeth. On the night of the 16th of January I was called in to the prosecutor—I observed a wound on his chin, about an inch, or an inch and a quarter, or rather better, in length—it appeared to be an incised wound, made with a cutting instrument—I consider it could not have been made by a blow of any blunt instrument, or by falling against any thing, because then it must have been a contused wound—the skin would then be lacerated and uneven, but the edge of an incised wound would be perfectly clean—it was not a bruise—I considered it an incised wound—I dressed his face at his own house on two succeeding days—I called on the third day, and he was out—I attended him twice after that at his own house—it was a deep wound.
Cross-examined. Q. Suppose a man fell on a sharp flint, would not that give the appearance of an incised wound? I should say not—it would not give it the appearance that wound had, nor would a piece of glass—it might cut it clean.
MR. ADOLPHUS. Q. Was the wound perfectly straight and regular, as if cut with a sharp instrument? A. It appeared cut with a sharp instrument, but was slightly angular, occasioned by the turn of the chin—it was not jagged, but had a mark, as if the instrument had turned—it was sot like a wound occasioned by falling on any substance.
WILLIAM CAVE . I am a conductor of an omnibus. On the night of the 10th of January, between nine and ten o'clock, I saw the prosecutor and Felstead at Charing-cross—they were perfectly sober—I had a glass of rum and water with them there.
Cross-examined. Q. Did you follow them to Palace-yard? A. No—I have been a conductor of an omnibus about four months—I was a time-keeper before that, for about four months, and before that I was employed by Mr. Byers, the informer, as his clerk—I did all his writing, and kept all his books—I have been a witness for him, I cannot say how often—I cannot recollect how many oaths I have taken for him—I have laid informations on my own account, and had witnesses to support them—I was not before the Magistrate on this business—I knew nothing of it till I read of it in the newspaper.
MR. ADOLPHUS. Q. Did you ever bribe or hire any man as a witness? A. Never in my life—I was never hired to give evidence myself, I merely gave evidence of what I saw—I was paid a salary, as Mr. Byers's clerk—and
whether he proved a case once in twelve months or not, it did not matter to me.
JOHN LORD. I am a green-grocer and fruiterer, and live at New-cross-street, Leicester-square—I saw Carter and Felstead on the night of the 6th of January, and left them about eight o'clock in St. Martin's-lane—they were perfectly sober then.
Witnesses for the Defence.
CHARLES ASHTON . I am driver of a hackney coach, No. 228. On Sunday night, the 16th of January, I was in Palace-yard, at my hone's heads—there were a number of carriages and cabs on the stand—I saw Carter and Felstead there—I saw Felstead walk up to the third or fourth hackney coach, then walk to the pavement, under txhe gas-light, and take a paper from his pocket, as I thought, to copy the number—he appeared to be writing—the men were not all on their coach-boxes at that time—I went down to the Shades, and gave an alarm, which brought them up—when I came up I heard a quarrel, and saw a scuffle—I saw the prisoner daring the scuffle—he was first coach, and on his box—I am certain of that—I passed his coach—I was there for a quarter of an hour after the row, and saw him on his coach-box still—he had on a shiny hat
MR. ADOLPHUS. Q. What were you doing there? A. was with my cab—I did not see Carter till I came up stairs from the Shades—I did not see him while Felstead was looking at the coaches—be was standing on the pavement when I came up—I do not remember what sort of hat he had on—I noticed the prisoner's hat as I passed—I looked at him, knowing the man—he is no particular friend of mine—I know the other witnesses, who are here—they had the same sort of hat as myself, a beaver, but I will not swear it—some of them were on their coach-boxes, not all—some were down in the Shades—the prisoner was on his box the whole time—I did not go to Queen-square—I heard of the charge of assault against Norris and another man—I live in Berkley-street, Lambeth—I was not called to drive Carter or Felstead—neither of them have ever laid informations against me—I do not know who pays the cost of this defence—I believe there is a subscription—I have not subscribed to it, nor promised to do so—I have not seen the petition myself—I knew Carter by seeing him walk about—he has been pointed out to me as an informer, and Felstead also—about twelve or fourteen came out of the Shades when I gave them notice—I saw Felstead and Carter go away after the scuffle—Carter had got a hat on—I did not observe whether he was bleeding—I was at my horse's head at the cab stand—the cabs stand two abreast there, not with the hackney coaches—it is near Westminster-hall gate—Carter and Felstead went in the direction of Parliament-street, not through the passage—the row took place on the pavement, near Parliament-street—I was at a distance from Parliament-street—the prisoner's coach was the nearest to Parliament-street—his back was towards me, but I could see he was there the whole time.
MR. PHILLIPS. Q. He was there during the row and for a quarter of an hour after, during which time you staid? A. Yes.
ROBERT WALL . I am a hackney-coachman, and live in Vincent-row, Regent-street, Westminster. On the night of the 16th of January, I was on the coach stand feeding my horses—the prisoner's coach was first on the stand, next to Parliament-street—mine was the third—I saw a row on the pavement—the prisoner was on his coach-box at the time—he had on a
shiny hat—I saw him for about ten minutes or a quarter ofan hour after the row was over—he got down after that—I do not remember Ashton going down to the Shades—I saw several coachmen come up—the prisoner was on his coach-box at that time—I went to Queen-square when I heard of this charge.
MR. PAYNE. Q. Were you examined by Mr. Lewis, the prisoner's attorney? A. Yes, I was examined on behalf of Norris before the Magistrate, but not for the prisoner—I was not sitting on my coach-box—I was near the horses' heads—I saw Norris come up from the tap with his great coat—I have known the prisoner ten or eleven years—I never saw him wear so bad a hat as the one produced—he generally wore a shiny hat—sometimes he wore a better one—I have often seen him wear a beaver—he had his box coat and shiny hat on that night as usual—I was close enough to see him—I had spoken to him previously—there is no particular circumstance which enables me to say he had his shiny hat on that night—I have not subscribed to the prisoner's defence, nor have I been asked—I believe there is a subscription—I never heard the prisoner mention Carter's name at all.
NOT GUILTY .
Before Mr. Justice Williams.
580. JAMES KELLY was indicted for feloniously breaking and entering the warehouse of the East and West India Dock Company, on the 1st of January, at All Saints, Poplar, and stealing therein 232 yards of printed cotton, value 2l. 16s; 5 1/2 yards of calico, value 1s. 6d.; and 12 pieces of tape, value 1s. 9d., their property.
MR. CLARKSON conducted the Prosecution.
RICHARD COLLINS . I am warehouseman in the employ of Mr. Southgate, a packer, in Old 'Change. In the latter part of November I packed a bale of goods marked "A F N 1000," for exportation—I took an account of the goods packed in the bale—it was sent to the West India Dock—on Saturday, the 5th of January, it was brought back to me, and I examined it again—I found it had been cut open, and seven or eight pieces of print and some remnant of calico wrapper and a bundle of tape taken from it—I afterwards saw articles of that description in possession of Montague the constable, one of which I can speak to having packed in the bale—the goods produced by him make up the deficiency in the bale.
ROBERT CAVE . I am a wharfinger in the employ of the East and West India Dock Company. I was on duty at the south quay gate on the afternoon of the 1st January—I locked the shed No. 2 at four o'clock—the warehouse has a slated roof, and has battens all round it—I had only one bale of goods in that warehouse at that time—it was marked "A F N 1000," and was for exportation—I saw it safe that afternoon—I went next morning with the constable about about half-past eight o'clock, and found the bale had been cut open, part of the goods taken out, and a lot lying by the side as well, and there had been a batten cut—we sent information to Southgate's, and they fetched the bale away—all the battens of the warehouse were safe when I left at four o'clock.
JOHN M'NEIL . I am one of the night-watchmen of the East and West India Dock Company. On the night of the 1st of January, I was in the neighbourhood of No. 2 warehouse, on the south side of the export dock, and heard a person coming down the back of No. 2 shed—I advanced towards the place, and saw the prisoner coming round the corner of No. 2
shed—I asked him what he was doing there at that time of night—he said he did not know—I asked him where he came from—he said he did not know—I said, "Have you come out of any ship?"—he said he did not know—I said, "hat have you here?"—he said he did not know—I put the bundle down—I took it up, and took him to the constable of the night—I asked him as we went along, where he got the bundle, and he said he did not know—I afterwards went to the place I saw him come from and found the batten cut, and two pieces of calico inside the hole, which I took up, and gave to the constable—I saw the bale next morning—it appeared to have been cut.
JOSEPH MONTAGUE . I am a constable employed by the company M'Neil brought the prisoner to me with a bundle containing five pieces of print, two pieces of calico wrapper, and a remnant of printed cotton—searched the prisoner, and found a bundle of tape inside his clothes—I found a knife in his possession—I asked where he came from with the things, or if he would take me to where he got them, he said no, at first—he then said yes, he would take me to No. 2 shed—I went and examined the shed, and found a batten had been cut through with a knife—he said, "I cut this batten, got into the shed, and took them out of the bale"—a person of his size could get into the shed by that means—I found the figures 1000 on the bale—a great many things were taken out, and laid by the side of it.
Prisoner's Defence. I belong to America. I came here last June—I was ill at St. Bartholomew's Hospital, and when I came out could get no relief—I tried to get employ at the docks but could not—I went past this shed and saw this bale, and thought I might as well go and do that, and get sent out of the country, as starve in the street.
GUILTY . Aged 25.— Confined Six Months.
NEW COURT.—Thursday, February 7th 1839
Fifth Jury, before Mr. Recorder.
GUILTY . Aged 28.— Confined Ten Days.
GUILTY . Aged 21,— Confined Two Months.
583. CHARLES CATTON was indicted for stealing, on the 27th of December, 2 spoons, value 12s., and 1 fork, value 8s., the goods of Thomas Lamplugh Wolley, in a vessel, in a port of entry and discharge.
REV. THOMAS LAMPLUGH WOLLEY . I live in Somersetshire. I have lately returned from Corfu, and had my property on board the Bailie—I had six dessert forks and spoons—I have seen the chest which contained them at
the Custom-house—I missed some articles from it—I have seen the plate mentioned, in the hands of the officer—it is part of what I had packed up at Corfu.
SAMUEL MOSES . I am a tailor, and live in High-street, Shadwell. At the end of December, I think on the 27th, the prisoner came to my shop—he asked me to buy a fork and two spoons, which he pulled from his breast-pocket—I asked where he got them—he said his father gave them to him, and he had had them two years—I called an officer and gave him in charge.
THOMAS DAWSON (police-constable K 251.) On the 27th of December Mr. Moses gave the prisoner into my custody, with this fork and two spoons—I heard the prisoner say the property was not stolen by him, but given to him two years ago, as a keepsake, by his father, who was a silversmith at Gibraltar, and he said the same at the station-house—I asked him what ship he belonged to—he said "the Halley"—I went next morning, and found no such ship, but I found the schooner Bailie.
Prisoner. These are not the same spoons that were placed in the hands of the officer—they are not like them. Witness. They are the very same—the prisoner had the appearance of a sea-faring man.
MR. WOLLEY. These were shipped from Corfu, in September last—here is one tea-spoon, one dessert spoon, and one fork—I know them to be mine by the make, and by the crest—they came by the ship Bailie.
GUILTY . Aged 22.— Confined Six Months.
THOMAS BOEHM RUTHERFORD , Esq. I am a barrister, and live in Mitre-court Chambers, Temple. On the 8th of January I had my watch on the mantel-piece, in my room—I saw it safe at three o'clock, when I went to Westminster—I returned about five o'clock, and then missed it—the prisoner was in the service of Mr. White, who supplied me with newspapers—I gave the prisoner into custody from suspicion.
GEORGE WESTON (police-sergeant F 6.) The prisoner was given into my custody on the 8th of January—I went to his mother's room, in Houghton-street, Clare-market, and I found this watch under the staircase, at the bottom of the house—the prisoner denied all knowledge of it at that time.
MR. RUTHERFORD re-examined. This is the watch.
Prisoner. I am very sorry.
NOT GUILTY .
WILLIAM HORSFORD . I live in Adam-street East, Manchester-square. On the 24th of January I was in the Strand—I saw the prisoners in company with another person—Mr. Underdown was looking in at a window in the Strand, near to Somerset-house—I saw the prisoner Carney take a pocket-handkerchief out of his great coat pocket—the other two were standing behind him—I had watched them in company together, coming down the Strand—when Carney had taken the handkerchief they
walked away together, and Carney gave the handkerchief to Davis—they then crossed the road—I went and caught the two prisoners—Carney resisted, and the inspector came up, he took one of them, and I kept the other—Davis threw down the handkerchief when I took hold of him.
Davis. I never had any handkerchief in my possession.
JOHN BOYS UNDERDOWN . I live at Marden, in Kent. I was stopping at the Spread Eagle—this is my handkerchief—I was looking in a printshop, and felt a tug at my pocket—I missed my handkerchief, and was going on, about to put up with the loss of it, when I heard of this.
Davis. I was not near the gentleman—the witness is mistaken—I do not know this young man—I was coming the other way.
CARNEY— GUILTY . Aged 17.
DAVIS— GUILTY . Aged 19.
Transported for Ten Years.
WALTER DICKER . I live in Crown-street, Finsbury, and am a butcher. On the evening of the 2nd of January I was in a room adjoining my shop—I saw the prisoner take a breast of mutton off the show-board—I followed him across the road for about fifty yards, collared him, and he dropped the mutton—there was another boy with him.
GUILTY .* Aged 18.— Confined One Month.
587. VICTORIA BARRETT was indicted for stealing, on the 21st of December, 2 pairs of stockings, value 1s. 6d.;1 towel, value 4i.; 1 pair of drawers, value 2s.; and 1 apron, value 8d.; the goods of Richard Peryer.
MARY PERYER . I am the wife of Richard Peryer. He keeps a chandler's shop, in Brick-lane, Old-street—the prisoner occupied a room up stairs, when we took possession of the premises—I have a room on the same floor with hers, which I occupy as a store-room—I missed some things from there on the 21st of December—I afterwards told her I had lost some things—she said she did not know any thing about it—the key of her room will open the door of that room—she said I might search her room if I liked, and the first thing I saw was my apron—I then sent for a policeman, who found the stockings under her bed.
Prisoner. The drawers were given me by a person in the next room, whose key also fits that room—the stockings belonged to the person in the next room, for what I know—I said the apron was Jane Clark's, and the prosecutor said, "I can bring the fellow to match it"—the handkerchief was given to Ann Barrett to pawn, by Jane Clark—a towel I never saw—the apron was in my drawer, for Jane kept her things in my room.
WILLIAM BARNES (police-constable G 35.) I searched the prisoner's room—I found twenty-five duplicates, an apron, a towel, and two pairs of stockings—the prosecutrix claimed them all—the apron was in the first drawer, next the door, where the prosecutrix had seen it—the stockings were under the bed—the towel was on a chair, and the duplicates in
another drawer—the handkerchief and drawers were at the pawnbroker's—the handkerchief was pawned in the prisoner's name—she said Mrs. Brown had given her the drawers—I will not be certain whether she said she had pawned them.
THOMAS KIRKWOOD . I am a pawnbroker, and live in Brick-lane, Old-street. I produce this handkerchief and drawers—they were pawned by the prisoner in the name of "Ann Barrett, No. 1, Rose-street"—the duplicate of the drawers was found at the prisoner's.
Prisoner. Ann Barrett promised to be here to-day—I am quite innocent of the handkerchief—the pawnbroker never took but one article of me, which was a shirt—the key of my door was never out of my lock since I have been there.
MRS. PERYER re-examined. These are my property—I never gave the prisoner any of them, nor allowed Ann Barrett to take them.
GUILTY . Aged 27.— Confined Six Months.
ROBERT PHILLIPS . I am a smith, and live in Hanover-street. The prisoner was in my service, but left me on the 24th of December, and took to the service of my lodger—I missed a shawl and a decanter three or four days after the prisoner left my service—they might have been taken after she left.
Prisoner. I pledged the shawl, but the money was lent to the lodger in the first-floor—it was given to me by Mrs. Phillips when I went into their service, and the prosecutor was a witness to it.
Prisoner. The lodger went with me and called for a glass of gin and water, and desired the decanter to be left there—I did not know it was the prosecutor's—since then the woman has absconded with my wages.
NOT GUILTY .
MARGARET SHAUGHNESSY . I am the wife of John Shaughnessy, we live in Gray's-buildings. I left my shawl in the cow-house, hanging on one of the cans, about half-past five o'clock in the evening of the 4th of January—I was absent about five minutes, and found my master with the prisoner in the street—she had my shawl.
GUILTY . Aged 43.— Confined One Month.
EDWARD JAKES . I live in West-street, Hackney, and am a baker. on the 2nd of January, I left my shop to go to the bakehouse—I returned and saw the prisoner reaching over my counter drawing out a till, which had this box in it, containing about 12. in silver—he ran out—I followed, calling "Stop thief"—Mr. Benford caught him—there were two other lads near my door—they and the prisoner all ran together—this is my, box—(looking at it)—it had seven shillings and two half-crowns in it.
Cross-examined by MR. DOANE. Q. Did you give chase immediately? A. Yes, I was about three yards behind him—I lost sight of him for about two minutes—the box was picked up and taken back—I did not see him stopped—the box had only 11s. 6d. in it when it was found.
WILLIAM BENFORD . I live in West-street. I heard a noise—Iran to the door, and saw the prosecutor pursuing the prisoner—I pursued till I got to Cambridge-heath-gate—a man I know stopped the prisoner, and I. came up and took him myself—I kept him till the policeman came.
GUILTY .* Aged 19.— Confined Twelve Months.
GEORGE SMITH . I am shopman to Henry Crick, a butcher, of Bath-street, Clerkenwell. On the 12th of January I heard something hit against a pair of steps outside the shop—I went and saw the prisoner with a leg of beef, of about 141bs. weight, under his arm—he ran off—I followed, calling, "Stop thief"—I saw him drop the beef—I took it up and pursued—I said he must come back with me, to my master—he said if I would let him go he would—I let him go and he then ran off—I took him again—he said if I did not let him go he would muzzle me.
Prisoner. I was passing the shop, and heard the cry of "Stop thief"—I was nearest to the witness and he took me. Witness. I am certain he is the person—he turned the corner, and I turned and saw him—I then ran, and he dropped it.
GUILTY .* Aged 23.— Confined Six Months,
ANN DAVIS . I am the wife of David Davis—we live in Westbourne-street, Paddington—I am a laundress—I took the prisoner in out of charity, and gave him lodging—I left him in care of my house on the 18th of December, for about an hour, while I went out—when I came back he was gone—I missed a sovereign, and a half-sovereign, from the bed-room—I (lid not see him again till he was in custody, on the 4th of January
—I said "Bill, my boy, how came you to rob me"—he said he would come back and work it out for me.
Prisoner. She used to send me out every night to get wood to light the fire, and wanted me one night to take a tub off the rail-road to feed a pig—she used to encourage me away from home. Witness. He told me his mother turned him out of doors—he had no place to sleep in, and he had slept the night before under a barge—I said I would take him till his mother would take him home again—she knew he was at my house.
ALFRED BLUNDELL (police-constable T 24.) I went to the prisoner'g mother, and found him there in the passage—Mr. Davis was with me—the prisoner said he hoped he would forgive him this time, and he would not do so any more—on the road he said some navigator had persuaded him to do it, and he had part of the money.
GUILTY .* Aged 13.— Confined Three Months, and Whipped.
HARRIET DAVIES . I am the sister of Mrs. Bell, and assist her at the Duke of York public-house, in York-street, St. James's. I was in the bar-parlour, between eight and nine o'clock in the morning, on the 10th of January, and heard a noise in the cellar, I went to the bar and saw the prisoner coming up the cellar steps—he went through the passage and across the mews, near to the stable—I saw he had a bottle in each pocket—he afterwards came back into the tap-room, and I gave information to. my brother-in-law.
Cross-examined by MR. PAYNE. Q. How long was it before he came back? A. Not five minutes—I did not tell any body to go after him—there were other persons in the tap-room—when he came the second time lie remained five or ten minutes.
JOSHUA BELL . I keep the public-house. I went down, and found the staple of the cellar door broken, and the door open—I had left it locked at half-past twelve o'clock the night before—I missed six bottles of sherry wine—I then went to Mr. Hoare's stable in the mews, and found two empty bottles, three full ones, and one partly full—I went into the loft with the policeman, and found the prisoner very much intoxicated, lying on some straw—I knew him from his being about the mews for four or five months—I tasted the wine, and it agreed exactly with what I had in my bin.
Cross-examined. Q. Can you say confidently that it was the same that had been in your bin? A. To the best of my belief it was—I missed the same number of bottles, and it was the same wine I can be on my oath—the prisoner assists the coachmen to wash their carriages.
JAMES MURRAY FRAZER (police-sergeant C 3.) I was sent for to the stable in Ormond-yard—I found the prisoner in the loft very much intoxicated—these six bottles were in the manger—I asked the prisoner if he knew any thing about the bottles—he said, "No."
GUILTY . Aged 25. Recommended to mercy.— Confined Nine Months.
ALEXANDER URQUHART . I live in Lincoln's-inn-fields. On the 8th of January I was passing near to St. Katharine's Docks, about half-past four o'clock in the afterooon—I heard a slight disturbance behind me—I turned, ind saw the prisoner in custody of the officer, who had my handkerchief in his hand, which I found was taken from my pocket.
JOSEPH JOHN LEWIS . I am a Thames-police surveyor. I was at the East Smithfield entrance of St. Katharine's Docks, and saw the prisoner walking behind this gentleman—I was behind the prisoner, and saw him lift up the prosecutor's coat tail, and take this handkerchief out—he put it behind him, and put it into my hand—there was another hand alongside of mine, but I caught it first—I took him—he got his arm out of his jacket and waistcoat—I took him by the neckcloth, and got him to the office.
Prisoner. I did not try to get away—I had been on an errand for my father, when he caught me, and said I had picked the gentleman's pocket, bat I had not.
GUILTY . Aged 14.— Confined Six Months.
GEORGE JOHN RESTIEAUX (police-constable E 49.) On the morning of the 18th of August I saw the prisoner in Bainbridge-street, behind the Maidenhead wagon—he cut this hamper from under the tail-board—it fell to the ground—he ran up Jones's-court with it—he saw me in the court, then turned and ran down Bainbridge-street, down some turnings, where I lost him—the direction on the hamper is, "J. Baker, Maidenhead"—it contained this bottle, with a direction to Foulcher's distillery—I knew the prisoner before.
Prisoner. Q. What time was it? A. A quarter before three o'clock in the morning—there was no thoroughfare in the court where I was—you ran in front of me, and then you went up Bainbridge-street, and on to Church-street into a house, and escaped.
JOSEPH TOWLEY . I live at Maidenhead, and am wagoner to Mary and John Ilsley. I was driving the wagon to London on the morning of the 18th of August—I saw the hamper safe in Oxford-street—I went on to Holborn, and then missed it—it was directed "John Baker, Maiden-head"—this is it—it is a bottle in which they put distilled spirits.
Prisoner. I know nothing of it.
GUILTY .* Aged 31.— Transported for Seven Years.
JOHN FARRELL . I live in Pheasant-court, Gray's-inn-lane. On the 9th of January, about twelve o'clock, I was coming past Mr. Drake's shop, in Gray's-inn-lane, and saw the prisoner coming out of his private door, with this saw in his hand—he saw me, turned back, put it on the bench, and came out at the private door—I asked him what he wanted—he said, "A bag of shavings"—I said there was none—my master sent
for a policeman—it is George Step's saw, he works for Mr. Drake, my master—I, at first, took up a wrong saw, but the one I gave to the policeman was the one the prisoner was coming out with.
Prisoner. Q. Did you see me go into the shop? A. No; you had got under the archway—I was crossing the road, and was looking at you—I was rather agitated, and first took up a wrong saw, but I took this up directly after.
NOT GUILTY .
WILLIAM CLAT (police-constable K 278.) On the 9th of January I saw Foster in company with two other men—they were going down the Mile-end-road trying to get something from the hind parts of carts—about half past seven o'clock I saw Foster near Dog-row—the prisoner Carion and some men were with him—Carson went to Mr. Rabbeck's shop door, and fixed herself in the door-way—she then went to the men again, who were near the Duke of Cambridge—Foster then went to three boxes which were on the pavement near the prosecutor's shop, and a truck near them—he went behind the three boxes, and Carson went to the shop door again—Foster then took up the smallest of the boxes and carried it in his arms across Dog-row—he was placing it between two carts, the shafts of which were joined together—I jumped over the shafts and said, "Phil, I want you"—he looked up and said, "I don't care, I can't starve"—I took Foster, and Sampel, who stands at the corner of the Dog-row with a stall, ran after the other two men—I had observed the prisoners seemed to be communicating something to each other, and at the time the box was removed Carson was at the door-way of the shop, as I thought, to take the attention of the person in the shop—I did not see her touch Foster—she followed me down to the station-house, and made use of very base language to the man who was carrying the box for me—I told her, if she did not hold her tongue, I would take her—she then went away—I went in an hour and a half afterwards, and took her in Whitechapel-road—I knew where to find her.
Foster. Q. Was I with two other men? A. Yes—I did not say toy thing to the men then, but at two o'clock the same day I had seen the two men, and said to them then, "What have you been doing down the road, for I am afraid there is something going on?" JAMES SAMPEL. I saw Foster lurking about—I went and told the policeman, and in two or three minutes Foster took the box of candles—Carson was about with him, and two other men, but I could not hear what they said.
BENJAMIN RABBECK . I am an oil-man. This box belongs to me—it contains four dozens and eleven pounds weight of candles, and is worth 80i.—the boxes had just been delivered, and we were taking some candles out of one of them at the time.
FOSTER— GUILTY .* Aged 29.
CARSON— GUILTY .* Aged 19.
Transported for Seven Years.
598. WILLIAM HOARE was indicted for stealing, on the 1st of January, 2 shirts, value 10s.; 4 towels, value 1s.; and 1 pair of drawers, value Is.; the goods of James Wilcock: 1 night-gown, value 6d.; 1 apron, value 3d.; and 1 shift, value 6d.; the goods of Charlotte Morgan.
JAMES WILCOCK . I live in Little York-place, New-road, and am a shoemaker. About ten o'clock at night on the 1st of January, I heard a large table knocked over in the cellar, and a dish broken—I went down with a lodger of mine, and found the prisoner behind a flour-bin—he bad with him a shift of Mrs. Morgan's—I asked where the other things were, and he produced this bundle from behind the bin—it contained these other articles—they had been hung in the cellar to dry—I had seen them sale in the day.
CHARLOTTE MOROAH . I lodge in the prosecutor's house. I followed him down into the cellar, and saw my shift brought from under the prisoner's jacket—it was torn from his bosom—my bed-go wo and apron were in the bundle.
Prisoner's Defence. A young man I met asked me to go down stairs, and inquire for Wilcock, and if he was not at home, there was a bundle which I was to bring up—I went down, tad tumbled over the table—I was intoxicated.
GUILTY . Aged 21.— Confined Six Weeks.
GEORGE FREDERICK DUCKETT . I live in High-street, Marylebone, with my aunt, Elizabeth Stevens, who keeps a chandler's shop. On the 10th of January, about six o'clock at night, I heard a noise outside—I went to the door, and missed eight soup-plates and two tea-pots—I found a foreign boy at the door, who pointed to where the things had been taken from, and beckoned me to follow him—I did so, and saw the prisoner in Great Marylebone-street, and found the plates on him—I took him back, and met the policeman—I gave the prisoner into custody—these are my aunt's plates—the tea-pots have never been found.
GUILTY . Aged 15.— Confined One Month.
GEORGE MARKHAM (police-constable K 96.)On the 5th of January, a little after eight o'clock in the evening, I saw the prisoner near some handkerchiefs, which were outside Mr. Vesper's shop, in the Commercial-road—he drew some handkerchiefs out of the bundle—I went and asked what he had in his pocket—he said, "Nothing"—I said, "Let me feel"—he then said, "Only some handkerchiefs I have just picked up"—I took these seven handkerchiefs from his pocket
Prisoner's Defence. I saw a boy throw down these handkerchiefs—I took them up, and ran after him—I could not find him, and put them into my pocket
GUILTY .* Aged 16.— Confined Six Months.
MR. BODKIN conducted the Prosecution.
JOHN THORNTON . I have a sister named Honoria Maria. In 1835 she was residing with her parents, at Galway, in Ireland—the prisoner had been acquainted with her before she lived at Galway—he used to go to the Roman Catholic church to confess to the priest—my sister was a Roman Catholic—I was present when she and the prisoner were married according to the rites of the Roman Catholic church, by the Reverend Father Peter Healey, curate of Kilrea, at his house—that was the place where Roman Catholic marriages were ordinarily performed—there were other marriages performed there at the same time—the prisoner continued to live with my sister, from time to time, for about three months—we then lost sight of him, and were not able to trace him—my sister came home to reside with her friends—she had one child, which is now three years old—in 1838 I came to London, and found the prisoner at the Portland Arms, in Long-lane—I had another young man with me—I brought the prisoner out to his first wife, and he received her very kindly—he said if he had only three halfpence, he would give one to himself, another to his wife, and another to the child—we had heard about the second marriage, and asked him—he said he had lived with a woman in London, but was never married to her—my sister lived with him again in London for about three weeks, and then a discovery took place.
Prisoner. I was not married by a priest, it was a friar. Witness. No, it was a Roman Catholic priest—he officiated in a place of worship—he used to read mass very frequently.
Prisoner. They sent me tipsy to the priest—he would not marry us, and then they set the friar tipsy—they gave him three bottles of whiskey. Witness. It is false, he had none at all—the priest did not say he would not marry you—I did not tell him you were going to America—the priest was paid 30s. for marrying them—the prisoner was about twenty-two years of age, and my sister about twenty.
Prisoner. No, he was only paid 18s., that was all the money I had—I was not, twenty-one—I wanted four months of being out of my time—I did not receive some money that was coming to me on that account.
COURT. Q. Are they not married at any place of worship in Ireland? A. No, it is frequently done at their own houses—I never saw it done at any place of worship—it was done at four o'clock in the afternoon—there was no whiskey at all—there was only me and my sister, and the woman that stood by her, and the prisoner—there were other persons in the kitchen—perhaps six or seven other persons were married there that day.
MARY JOHNSON . I live in Bridgewater-square. I became acquainted with the prisoner in 1835, in London—I was then living under the care of my sister, at No. 90, Aldersgate-street—she keeps a school—I am entitled to about 120l. when I am of age, and some more when my younger sister is of age—I was nineteen years old last October—I married the prisoner at St. Bride's church, Fleet-street, in February, 1836—I have had one child since, which is still alive—I lived with the prisoner as his wife about eighteen months—I then separated from him in consequence of his unkindness, and went to live with my sister—I have continued there till the present time.
me when she became acquainted with the prisoner—I was not aware that he treated her unkindly till her confinement—he then treated her ill in my presence, and I took her and her child to my house, where they have been living ever since—the prisoner has frequently called at my house, and taken away little articles of furniture—he called last about a week before I ascertained about his first marriage, which is six or seven weeks ago—he wished to know how the child was—I took the child out to show him—on the following Tuesday his first wife came, and I sent for him—he denied his first wife in my presence—on the evening following he came intoxicated, and said he would have me to know that I should not have her money—his wife's brother and my friends then asked him about this first marriage—he said he was married, but the priest was drunk—that he had had advice in Dublin, and it was of no consequence.
Prisoner. Q. What articles of furniture did I take? A. You have come and taken things from time to time—they were your own, certainly.
COURT. Q. What means of living had the prisoner when he married your sister? A. He was a watch and clock-maker by trade, but he did not carry it on—his family are of the highest respectability.
JOHN THORNTON re-examined. Q. In what name was your sister married? A. Honoria only was mentioned in the certificate—Maria was an additional name given at her confirmation—her real Christian name it Honoria only.
GUILTY . Aged 26.— Confined Eighteen Months.
ROBERT ANDERTON JEFFERIS . I am a butcher, and live in Turnmill-street, Clerkenwell. I was in my parlour, on the evening of the 10th of January—I saw the two prisoners pass sixty or seventy times, they then came to the shop—Brown reached over and took two pieces of mutton, and gave them to Smith—they ran away—I ran out, and caught one, and another person brought the other back—they never went out of my sight.
(The prisoners received good characters.)
BROWN— GUILTY . Aged 13.— Confined One Month, and whipped.
SMITH— GUILTY . Aged 13.— Confined One Month.
WILLIAM DAY DAVIS (police-constable H 36.) I was on duty on the 1st of January in Petticoat-lane. I met the prisoner there with this coat, he said it was his father's, that he had been to the tailor's for it at Hoxton, and he was going to take it to his lather, in Drum-court, Aldgate—I detained him.
JOHN KELLY . I am an assistant bar-man, at the White Hart, Whitechapel—this is my coat—I had left it inside the bar—I saw it safe at half-past nine o'clock, and missed it at a quarter to ten o'clock the same evening—I saw the prisoner in the house about eight o'clock.
Prisoner's Defence. I called at the public-house in Whitechapel, where a female gave me the coat to take home for her, which I thought no harm
in doing—when the policeman took me, I felt so much dread that I did not know what I said. GUILTY . Aged 19.—Recommended to mercy.— Confined Three Months.
ROBERT GREEN GRINDY . I am a cabinet-maker, and live in Charter-house-lane. On the evening of the 7th of January, I was in Piccadilly, a few minutes before eight o'clock in the evening, and saw the prisoner standing just inside Mr. Pitman's shop-door—I watched, and saw him standing very near six boots which were on a box—he appeared to be speaking to some one at the back of the shop, but as the shopman's back was turned taking his tea, I suspected the prisoner—he then took two boots and was going off—I crossed, and took him back into the shop.
GUILTY . Aged 13.—(Recommended to mercy.)— Confined One Month.
ALEXANDER WHITE . I am shopman to Mr. Thomas Walker of Oxford-street. On the 12th of January, I was told something, and went in the street—I saw the prisoner running with a pair of clogs in his hand—he threw them down—he begged that we would not give him in charge—I picked them up, but I could not swear to them.
NOT GUILTY .
JOHN THOMAS STABLIER . I was fourteen years old last September. I live with my father, and am in the service of Mr. James Pitt and his partner, hatters, in York-street, Covent-garden—on the evening of the 2nd of January, between half-past eight and nine o'clock, I was in my masters' shop, and the prisoner came in—he asked the price of the very best hats—my master said 19s. 6d.—he asked to try one on, which he did, and that fitted—be then asked to try on another of a different shape, and that fitted also—he then asked my master to get them ready, and he would call in five minutes—he said he wanted them to show to his father, and which his father liked he should have—he then called and asked my master to let me go with the hats to Long-acre—as we were going along, the prisoner told me his father kept two houses, one in Long-acre, and one in Carnaby-street, and if he was not in one, I must go to the other—when we got to Long-acre, the prisoner told me to give him the hats, which I did, and he went into Mr. Clark's public-house—I followed him in at the door, as I thought there was something wrong—he went up the passage, and I heard Mr. Clark's son call out "Stop thief!"—I believe the prisoner threw the hats away—he was taken into custody—he had said he would bring me the money down, and one of the hats, and keep the one his father approved of—they were to be sold for ready money—I let him have them, believing he was going to take them in to his father.
Prisoner. Q. Can you state whether I went into the tap-room or the parlour? A. No, I did not see you go into a room—I saw you go along
the passage—you did not try on four or five hats at my master's—you only tried on two—you did not ask me the price of them, you asked my master.
JAMES CLARK . I live with my father, who keeps the Swan public-house in Long-acre—there is a passage goes through the house to a stable-yard, which leads to St. Martin's-lane—on the evening of the 2nd of January, I was in the yard, and saw the prisoner come through the bottom end of the passage near the yard, with two hat-boxes in his hand—he came into the yard, and turned towards St. Martin's-lane—I followed him, to know what he wanted, as he was a stranger—he turned back, dropped the boxes, and ran into the public-house again, towards Long-acre—I followed him, and he was stopped at the bar—the officer came and took bin.
Prisoner. Q. What length is your yard? A. I cannot fell, it may be 100 yards—I cannot tell whether the hats were knocked from your hand, or whether you dropped them—there was a fly in the yard—you ran against a man—you were about ten yards from me When you dropped them—I took them up, and followed you—as I stooped to pick them up, you turned into the house again—I cannot tell whether you went into any room—you came through the passage when I saw you.
BENJAMIN MILLER (police-constable T 110.) I went and found the prisoner surrounded by some persons in the Swan public-house—the prisoner said it was all a mistake—that the hats were for his brother, and he wished me to go back with him to Mr. Pitt's shop—I took him to the station-house—there was no money found on him—he did not tell me he wanted to show the bats to his father, but his brother.
Prisoner's Defence. I had met my father at the Swan, and he sent me for the hats—when I returned to the Swan, not seeing my father, I went to the back of the house to look for him—a man ran against me in the passage, and knocked them out of my hand—I went to the bar to complain of what had happened, and was taken in charge—my father being a commercial traveller, left town next day, without knowing what had happened, and I had no means of informing him.
GUILTY .* Aged 20.— Transported for Seven Years.
Sixth Jury, before Mr. Sergeant Arabin
MARK HARTLEY . I am in the service of a gentleman at South Mimms. On the 12th of January, about half-past ten o'clock, I was in the City-road with a cart-load of hay, walking along by the side of the horses—I saw the prisoner on the footpath near the wheel, but did not suspect him—I turned my head, and saw him taking my coat off the shafts of the cart—he ran away, and was wrapping it up—I ran after him about sixty yards, when he dropped it, and I took him.
Prisoner. Q. You swear you saw me take it off the cart? A. Yes and it had been safe not ten minutes before.
Prisoner's Defence. It dropped in the road, and I took it up.
GUILTY . Aged 21.— Confined Twelve Months.
ELIZABETH PHILPOT . I live close by Mr. Aris, who is a publican. On the 9th of January I saw the prisoner take a tea-pot from the window ledge in the tap-room, and go out of the house with it—I told Mr. Aris.
Prisoner's Defence. I went to have something to drink—this woman was intoxicated, and they were all righting—she accused me of taking the tea-pot, but I never saw it.
GUILTY . Aged 20.— Confined Three Months.
JAMES BRADLEY . I am a policeman. On the 7th of January, between one and two o'clock in the morning, I found the prisoner in George-street with something in her apron—I asked what she had got—she refused to tell me, and was walking on—I asked again, and she said it was her old man's hat, who was at home in bed drunk—she then said it was her cousin's hat—I took her to the station-house.
NOT GUILTY .
610. MICHAEL KELLY was indicted for stealing, on the 1st of January, 3 gowns, value 3l. 10s.; and 1 shirt, value 2s.; the goods of Daniel Kelly: and JEMIMA KEMBLE , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.; to which
KELLY pleaded GUILTY . Aged 17.
MARY KELLY . I am the wife of Daniel Kelly, and live in Wentworth-street—the prisoner Kelly is my son, and lived at home with us. On the 1st of January I missed three gowns out of his bed-room—these are them—(looking at them.)
JAMES CLARK . I am a policeman. On the 2nd of January I took the Male prisoner into custody—next day I went to a house in Clarence-lane, St. Giles's, and found the female prisoner in a room in bed—this gown was hanging on a chair in the room—I asked her whose it was—she said her own—that she brought it from her sister's at Peckham—I took her to the station-house, and the prosecutrix came and owned the gown.
Kemble's Defence. I met this young man—he followed me up and down for a quarter of an hour, and said, "Where are you going?"—I said, "What have you got in your bag?"—he said, "If you will take me up stairs I will show you"—he showed me the gowns—he gave them to me on the Wednesday night—I pawned one next morning for 4s., and gave him the money, and he gave me this silk frock as a present.
KEMBLE— GUILTY . Aged 17.—Both Confined Six Months.
PHCEBE BROWN . I am shop-woman to George Ferguson, of High-street, Whitechapel. On the 7th of January I saw the prisoner snatch at a frock, and run away with it—I pursued him, and never lost sight of him till he was brought back with it.
GUILTY . Aged 21.— Confined Six Months.
MARY DOWDESWELL . I live with my father, George Henry Dowdeswell, a confectioner, at Hoxton. On the 4th of January, between six and seven o'clock in the evening, a policeman came to me with the prisoner, and, in consequence of what he said, I looked, and missed a shirt, which I had seen safe twenty minutes before, hanging inside the shop, about two yards from the door—this is it—(looking at it.)
GEORGE KEMP . I am a policeman. On the 4th of January I saw the prisoner and two others, and followed them for about two hours—they went into the prosecutor's shop, and came out again—they came back in about half an hour—the prisoner went in, and took this shirt—I took him with it, and took him to the station-house.
GUILTY .* Aged 15.— Transported for Seven Years.
AUSTEN DAY . I live with Richard Huxley who keeps a china and glass-shop in Tottenham-court-road. On the 9th of January I saw the prisoner take some pans from the door, and walk away with them—I followed her, and gave her in charge with the property on her.
GUILTY . Aged 31.*— Transported for Seven Years.
614. BENJAMIN WOOD and WILLIAM CARNEY were indicted for stealing, on the 24th of December, 1 waistcoat, value 1l. 10s.; 1 brooch, value 1l. 1s.; 1 fiddle, value 2s. 6d.;1 doll, value 2s.; 2 knives, value 4s.; 2 boxes, value 2s.; 2 quarts of nuts, value 6s. 6d.;2 quarts of chesnuts, value 2s.; 2 cocoa-nuts, value 2s.; 12 oranges, value 1s. 6d.;10 lemons, value 1s.; 10 pints of compound, value 14s.; 11/2 pint of wine, value 3s. 6d.;3 quarts of gin, value 8s.; 11/2 pint of brandy, value 5s.; 3 pints of rum, value 5s.; 15 glass bottles, value 4s. 4d.; and 1 hamper, value 2s.; the goods of Lewis Garrett.
LEWIS GARRETT . I am a publican, and live in Crown-street, Soho. On the 24th of December I packed up a hamper, containing the articles stated, and saw it safe in my shop between eleven and twelve o'clock that evening—I had sent it to the coach-office, to go into the country, but it was shut up, and my man brought it back—I did not miss it till the policeman brought some of the things, about one o'clock on the morning of the 25th—this is part of the property—(looking at some)—I have seen both the prisoners, but I cannot say I saw them at that time.
Cross-examined by MR. DOANE. Q. Where was the hamper? A. In front of the bar—any body coming in would have an opportunity of taking
it—it was a heavy hamper—I cannot swear that I saw Wood there that evening—he has frequented my house ever since I have kept it.
Carney. Q. Could not a person stand outside the door and take it, without coming inside? A. I think not—they must have a very long arm—there are three doors to the house—I saw you there that evening.
STEPHEN THORNTON (police-constable C 53.) On the 25th of December, between twelve and one o'clock in the morning, I observed the prisoner Wood passing hastily down Lawrence-lane, towards St. Giles's—he had something bulky in his pockets, and a bottle in his hand—I stopped him, and asked what he had got—I found he had some bottles of gin—he said, there were four of them—that he bought the contents of the hamper for 1l.—there was not half of what was in it, and that he was to pay 5s. for his share—I looked round, and my brother officer had the other prisoner, with five more bottles in his hand, and this cocoa and other nuts.
Cross-examined. Q. Did he not say he was to have them of a man for 1l., and that they were smuggled? A. He said so at the office—I found the hamper at No. 16, Maynard-street, St. Giles's—it is a common lodging-house—it was in the back of the passage—there was one of the cocoa-nuts with it, and a child's violin.
GEORGE HOBBY (police-constable E 129.) On the morning of the 25th of December I met the two prisoners—I saw Wood turn into Church-street—Thornton stopped him—I went after Carney—he was carrying one bottle in his hand—I took him back to Thornton, and he had got some bottles, nuts, and a cocoa-nut—the prisoners were taken to the station-house, and there Carney said to the Inspector that he was led into it by Wood—he said the same before the Magistrate—I found five bottles and a wax doll on him.
(Property produced and sworn to.)
Carney's Defence. The statement I made at the office is all false—I said at the time, thinking to get myself free, that I saw Wood buy the property, which he had not, knowing it to be stolen.
WOOD— GUILTY . Aged 25.
CARNEY— GUILTY . Aged 19.
Confined Nine Months.
LIPMAN BENJAMIN . I live with my father, Moss Benjamin, a clothier, in Upper Whitecross-street. On the 27th of December, between five and six o'clock, in consequence of information, I went to the door, and missed six caps—I went out, and saw the prisoner and two more boys hawking them at 2d. each—I apprehended the prisoner, with four caps in his hand—I brought him back, and gave him into custody—these are my father's caps—(looking at them)—two have been lost altogether—I do not know what became of the other two boys.
Cross-examined by MR. PRENDERGAST. Q. These caps are not made by you? A. No—there is no mark on them, but I know them by the make—here is one which has been in the place a long time, and I put it at the door myself—I know it by the colour and quality of the cloth—it is puce—it is rather an inferior cloth to what they are usually made with—I dare say there are others like it—I bought it of a cap-maker, who makes a great many caps—J know this other cap, by some pieces round it—it is what is called a "translated" cap—I do not know who did
it—the prisoner was hawking them in the next street—I cannot say how long the caps had been gone—I had seen them that day—I put them out myself.
NOT GUILTY .
616. JANE ABIGAIL CLARK, alias Brown, was indicted for stealling, on the 23rd of December, 1 gown, value 8s.; 2 shirts, value 1s.; 1 apron, value 6d.; and 1 waistcoat, value 6d.; the goods of Richard Peryer.
MARY PERYER . I am the wife of Richard Peryer, and live in Rose-street—the prisoner lodged in my house about a fortnight with a man—I lost these things out of my room, about the 23rd of December—these are them—(looking at them)—the prisoner did not leave the house—she paid her rent regularly.
WILLIAM BARNES . I am a policeman. The prisoner was given into my custody—after locking her up I went and searched her room, which she rented, with a man named Brown, and there found two shifts, the waistcoat, one apron and gown.
Prisoner. He searched my room first, and found nothing, and after I had been confined a week he went again, and said he found these things—I know nothing about them. Witness. I only went once to the house—that was the day I took her up.
NOT GUILTY .
ISABELLA TAYLOR . I am single. On the 31st of December, at a quarter past nine o'clock in the evening, I was waiting outside the Crown and Anchor public-house, in Clarence-street, Regent's Park, to see a soldier in the Guards, named Blandford, who I know—the regiment was quartered there—I was waiting at the door some time—I saw the prisoner go in—he came out in about ten minutes, and asked me if I would go in—I told him "No," I would much rather stop outside—he asked who I was waiting for—I told him—he went inside for about ten minutes, their came out again, and pressed me very much to go in—I did not go in then, but I did the third time, and he called for a pot of ale, which I paid for, as he said he had no money, that his brother had his money, and he was up stairs—I took out my purse, which was in a reticule—I had in it three half-crowns and one shilling, besides a shilling which I gave him to pay for the ale—I emptied the money into my hand, and took out a shilling, and the remainder I put in the purse, and put it in my bag again—another pot of ale was called for, and he paid for that. out of the shilling—he said he knew Blandford, and that he would not come till ten o'clock—I waited there from a quarter past nine o'clock till a quarter to ten o'clock—my bag was on the seat I was sitting on, on the right-hand side—he was sitting close to me—after waiting some time, I was going home—the prisoner offered to go with me, and he went as far as Cumberland-street—he then said, "Good night," and we parted—I then went to Albany-street, to ride home in an omnibus, and as I was looking for the money to pay, I found my purse was gone—I turned-back and told the policeman—we went straight to the barrack-gate, but could find no such person as the name the prisoner gave me, which
was Williams—my purse was afterwards found, with the money in it—this is it—(looking at it.)
STEPHEN TAYLOR . I am a policeman. The prosecutrix met me, and told me of her loss—I went with her to the corporal of the guard, but they could not find the prisoner that night, as he had given a false name—he was taken next day, but nothing was found on him.
GEORGE ANDREWS . I am a corporal in the first regiment of Life Guards. I remember the prosecutrix coming with the policeman, and making this charge—on the day after the prisoner's examination I went into the room where he was in confinement, and found this purse on the mantel-piece—it contained three half-crowns and one shilling—I have had it ever since—this is it.
Prisoner. I was in liquor at the time—it is the first time I was ever in custody—the corporal can speak to my character. Witness. He has been two years in the regiment—I can say nothing in favour of his character for honesty—he was discharged from the regiment the next morning.
GUILTY . Aged 21.—Recommended to mercy by the Prosecutrix.
Confined Six Months.
618. WILLIAM SMITH was indicted for stealing, on the 4th of January, 3 spoons, value 12s., the goods of Thomas Frederick Beale, his master; and GEORGE YOUNG was indicted for feloniously receiving 1 spoon, value 4s., part of the said goods, well knowing it to have been stolen; against the Statute, &c.; to which Smith pleaded. GUILTY . Aged 14.—Recommended to mercy.— Judgment Respited
THOMAS FREDERICK BEALE . I am a music-seller, and live in Albion-street, Hyde Park. The prisoner Smith was in my service for a fortnight—I missed three spoons, and had various conversations with him about it—he denied it at first, but at last confessed, and said he had pawned one of them for 1s. 6d. at Button's—we went there, and found only one—this is it—(looking at it.)
GEORGE GROUNDWELL . I am a policeman. I went to the prosecutor's and took Smith—he said he had given the spoon to Young at Mr. Elmore's stable—I went there and saw Young—I asked him when he had seen Smith—he said, "On Friday"—I asked if he did any thing for him—he said, "No"—I said, "Did he give you any thing?"—he said, "No"—I found the duplicate on him—I know his father, he is a carpenter, and a respectable man.
YOUNG— NOT GUILTY .
OLD COURT.—Friday, February 8th, 1839.
Third Jury, before Mr. Sergeant Arabin.
619. MARY LEWIS was indicted for stealing, on the 10th of January, 2 sheets, value 15s., and 2 tablecloths, value 9s., the goods of William Hodges. 2nd COUNT, stating them to be the goods of Joseph Blower and others.
WILLIAM HORSFORD . I am a constable of the Mendicity Society. On the morning of the 10th of January, I saw the prisoner in company with a man and woman in Jermyn-street—I followed them, having suspicions, as far as Cumberland-terrace—the prisoner there went down the area of No. 15, which is the prosecutor's house—she came up in about a minute or two, and knocked or rang at the door:—she was admitted—I saw the man at the door, and as she passed he put something into her hand, which appeared to be like a letter—she came out in four or five minutes—I made inquiry at the house, then ran after the prisoner and took her into custody—I found on her these two tablecloths and two sheets.
Cross-examined by MR. PAYNE. Q. What had you to do with watching people? A. I knew the two parties she was with to be begging-letter impostors—I thought they were going begging and followed them.
JOHN LAYTON . I live at No. 15, Cumberland-terrace, in the service of Mr. William Hodges. On the 10th of January, the prisoner rang at the bell—I answered it—she asked whether Mr. Hutchinson lived there—I said I knew no such name, but Mr. Hodges did—she said, "That is the name, I come from the Penitentiary about the washing"—the Penitentiary wash for the family—I called the lady's maid, and she gave the prisoner the washing.
Cross-examined. Q. Did not you ask her whether she came for the washing? A. No, I did not, I am quite sure—she said she came about it.
ANN LEE . I am lady's maid to Mrs. Hodges. In consequence of what 1 Layton told me, I gave the prisoner these two sheets and two tablecloths—one is merely a wrapper—I am sure she is the person to whom I gave them—they belong to the Penitentiary, but were sent to us by mistake instead of our own—I thought she was the person who came for them, and when I took her the things I asked her for ours in return—she said they were not dry, as the weather was so bad—I told her I was forbidden to give her these things without having ours, without I saw Mrs. Hodges—she said she had seen Mrs. Hodges outside the door ten minutes before.
Cross-examined. Q. Was this the right time to come and fetch them away? A. I had expected some one to come ever since Tuesday—I gave them to her, supposing she came from the Penitentiary,
ANN BENYON . I am a servant in the Penitentiary. Mr. Joseph Blower and others constitute the committee—this property belongs to the Penitentiary, and was sent to Mrs. Hodges by mistake—I never sent the prisoner for them—she does not belong to the Penitentiary.
Cross-examined. Q. Do you know these things yourself at all? A. Yes, I sent them myself to Mrs. Hodges—I am quite sure they are the same things.
GUILTY .* Aged 23.— Transported for Seven Years.
Before Mr. Justice Vaughan.
MESSRS. PAYNE and BALL conducted the Prosecution.
TUDOR PUGH . I am a cabinet-maker, and live in Windmill-square, Hoxton. I knew the deceased William Rashbrook—he was a cab proprietor—I believe he lived in New North-road—I have heard he was about twenty-nine years of age—I was with him on Friday, the 18th of January
last—I first saw him at the George and Vulture, in Haberdasher-street, Hoxton, between four and five o'clock in the evening—Aspland and Farmer were with me in the same house, and Macartney had been there, but was not there when the deceased came—we then went to the Carpenter's Arms door—we afterwards went to the Duke of York public-house about eleven o'clock at night, and remained there till nearly one o'clock—when I left the Duke of York, there was Aspland, Cresswell, Farmer, Macartney, and the deceased with me—it was rather a dry frosty night—we left the Duke of York between twelve and one o'clock, about a quarter to one o'clock—on coming out, the deceased took Aspland on his back—Aspland being lame, and not having his crutch with him, could not walk home—Aspland, Cresswell, Farmer and myself were sober—the deceased was a little the freshest if there was any difference, but he was not intoxicated—he went with Aspland on his back in a direction of the middle of the road, but rather to the left—we came down the Hertford road, on the left-hand side of the road towards the Whitmore bridge—there is a turn in the road about half-way, to go to the madhouse—the deceased ran along the road at first with Aspland on his back, and made a noise imitating a horse—he went, "Hey, hey," and so on—I, Cresswell, Farmer, and Macartney were from twenty to twenty-five yards behind him—we were on the footpath when we turned the corner—there are gas lamps in the road—it is a public road, and there are policemen about—as we were coming towards the mad-house Aspland and the deceased were going along before us, and Aspland was still on the deceased's back—they both fell down, and Aspland fell over his head—a little further on there is a short crossing to get to Whitmore-bridge—this was ten or fifteen yards from the crossing—at the time Aspland and the deceased fell, the prisoner Bull came by—I was still twenty or twenty-five yards behind the deceased and Aspland—I think I saw the prisoner come across before the fall—he came in a direction from Whitmore-bridge, towards us—there is a waste ground on the right-hand side of the crossing—as the prisoner came by them, Aspland and the deceased were on the ground, and when he had passed, the deceased got up out of the road from where he was, and came in a direction towards the prisoner, in a staggering direction—he went about six or seven yards, in the direction towards the prisoner, and by that time the prisoner had passed Cresswell, Macartney, me, and Farmer, and we had got up to Rasbbrook—Rashbrook passed me, about a yard or two—he then turned round to me, and exclaimed, "Good God, I am stabbed," or, "That man has stabbed me—(I cannot say which)—I am a dead man"—he was holding his arm up in this direction—(extending it horizontally)—I first saw him hold his arm up so, when the blood was flowing from him—I felt the blood with my hands—his arm was raised when he exclaimed he was stabbed—that was the first time I had seen it raised up—I let go of the deceased, and ran after the prisoner, leaving Aspland, Cresswell, and Macartney with him—the prisoner was running in the direction towards the Duke of York, in the direction we had come—I called out, "Stop him"—the police came up—the first policeman caught me, and let the prisoner pass—I fell, and lost my hat, but found it afterwards—I told the policeman he had stabbed a man—he let me go, and ran after the prisoner—I afterwards came up with the prisoner—he was in the hands of the sergeant and policeman—I said, "I give him in charge for stabbing a man"—the policeman said he must go back—he did not want to go
back, but I cannot say what he said exactly—he stated that he had no occasion to go back, and said, "I have done it in self-defence"—he was not searched, but he put his hand into his coat-pocket, pulled out a knife, and delivered it to the sergeant—he stated that he had done it so, (moving his arm in a back-handed, direction,) and he would do it again—I went up to the deceased, with the prisoner and the policeman, but did not hear any thing said—I instantly left, and went for a surgeon—I did not find the deceased in the same place as I had left him—I found him against a wall, about six yards from where he fell, moved to the footpath—I did not hear the prisoner or the deceased say any thing before I heard the exclamation, "I am stabbed"—I consider that I was near enough to have heard if any thing had been said—I did not hear the prisoner cry out any thing—I did not bear an exclamation from any body, except when the deceased and Aspland fell down, Farmer, or somebody exclaimed, "All right, good night"—nothing had been done to the prisoner by any body, to my knowledge.
JURY. Q. Was it a light night? A. Yes, a lightish, dry, frosty night
COURT. Q. How far do you think the deceased carried Aspland before he fell? A. Above three hundred and fifty yards—the prisoner was not acquainted with the deceased, to my knowledge, or to any of the parties—he was a stranger to me, and I believe to all the other parties.
MR. BALL. Q. When you first saw the prisoner, was he in such a situation that he could have seen Aspland on the deceased's back? A. He was—they had not fallen before he came up to them, but as he came by—he was near enough to touch them at the time, they fell, I am certain—he had not got a yard from them when they fell down—he was coming by them, and instantly as he passed, they fell down.
COURT. Q. At the moment when they fell, was the prisoner near enough to have struck him, if so disposed? A. He was near enough to hare struck him before he fell.
Cross-examined by MR. PHILLIPS. Q. When he had Aspland on his back? A. Yes; he was what they call pick-a-back, with his legs under his shoulders—the deceased's arms would have bold of Aspland's legs—I saw Aspland and the deceased from the time they left the Duke of York, till this occurrence took place, except just as they turned the corner—that was for about half-a-minute—they were not on the footpath during any portion of that time, except as they came across it from the public-house to get into the road—they were not in the middle of the road, but rather to the left.
Q. Then, at no time was the deceased carrying Aspland on the footpath between two of his companions breast-a-breast, holding each other? After the deceased had passed you, going towards the prisoner, had you your eye on them? A. I did not look at them particularly—I took no notice of the prisoner as he passed, or of the deceased—after they passed me, I could not observe whether they came in contact with each other or not—it was a lightish night—I did not observe the moon—it was star-light—I could certainly distinguish whether a man's face was white or black within a yard or two of me—I could see at twenty-five yards' distance what dress a man had on—I had on a light brown Mackintosh—neither of my companions had a light Mackintosh on; neither the deceased nor any of the party—Farmer had a white fustian jacket, but not a Mackintosh—I am a cabinetmaker.
Q. How many hours, on this day, had you been in public-houses without ceasing, from the time you went into the George and Vulture till you left the Duke of York? A. It might be ten or eleven hours—I went into the George and Vulture about dinner time—it must have been two o'clock—I never said I went there between eleven and one o'clock—I said I was at the Duke of York between eleven and one o'clock at night with the deceased, Aspland, and two or three others—I went to the George and Vulture, first about two o'clock—Aspland, Macartney, and another man, a stranger to me, were there at the time—I was not very well in my inside that morning, and that was the reason I was there—I was in three public-houses—I cannot say how many different kinds of drink I took—I had two glasses of raw gin, part of some ale, and some beer—that was all the drink I had—I had beef-steaks for dinner—I did not go to any public-house where they refused to draw me any thing—Rashbrook and Aspland went in a cab to a public-house, but it was shut up—I was behind them then—I intended, if the house had been open, to have gone in with them—there is a canal near the spot where this took place—there is a hurdle fence to protect you from the canal—it is not a dilapidated one, to my knowledge—I do not know that there are breaches in various places—when I first saw the prisoner, he was between the canal and the deceased.
Q. Now I take it for granted, you and your companions, going along that road, were perfectly peaceable? A. Yes, we were—we were talking together, that is all—we were not talking so loud as to alarm people—we were perfectly peaceable—I do not consider that part of the road lonely—there is a house right opposite to where the man died—there is a row of houses within twenty yards of where I first saw the prisoner—I should not call it a lonely spot—we went to the Duke of York, in Farmer's cab—I was at the George and Vulture, in Haberdashers'-street first, the Carpenters' Arms next, and the Duke of York last—we went from the George and Vulture to the Carpenters' Arms in a cab—that was between five and six o'clock in the evening—the Lamb was the name of the public-hone where they would not let us in—the Carpenters' Arms was where we staid—as they came from the Carpenters' Arms to the Duke of York, in Farmer's cab, they stopped at the Lamb, but that being shut, they went to the Duke of York—I did not pay Farmer any thing for his cab—my companion! found the horse a nose-bag full of corn, and they said he should pay nothing if he would take Aspland down, he being lame—there were three of us at the George and Vulture first, and a stranger—Macartney, Aspland, and me—Macartney parted from us about twenty minutes after three o'clock, and came into the house again, having a cab on the rank—he was called out again, and we did not see him again till half-past ten o'clock at night—Aspland remained with me, from my being at the George and Vulture, to my leaving the Duke of York—the deceased did not join our company until five o'clock in the evening.
Q. As you are the only person having a light Mackintosh on, did you shove up against any body that night, before the fatal occurrence took place, after leaving the Duke of York? A. I did not—Cresswell, Fanner, me, and Macartney came on the foot-path round the corner, and walked on the footpath—the deceased and Aspland did not walk between two companions, breast abreast on the footpath—Farmer had the white jacket on—he did not shove against any body—I did not cry out to a gentleman going along the road, "What a bl—d swell," nor did Farmer, or any of my companions—there was no offensive expression used by any of our
party to a gentleman on the road, in my bearing—I did not see any gentle-man from the time we left the Duke of York until this took place—a policeman passed us, but I saw nobody at all on the road—it was & bright night, and I should have seen them if they had been near me.
JURY. Q. Did the man fall near the canal? A. No, he fell near the footpath.
MR. BALL. Q. At what part of the road did the policeman pass? A. After we turned round the corner twenty or thirty yards from the Hertford-road—we were walking four of us together, Cresswell, Farmer, me, and Macartney, when he passed—he was coming on the footpath—we were walking and talking together—he came off the footpath into the road, and passed us—there are houses near the madhouse, and I should say within twenty yards of where this took place.
COURT. Q. Howfar from the corner which you turned did this occurrence happen? A. I should say from 150 to 200 yards—I cannot exactly judge the distance—from the turning to where this happened it is straight—there was no observation made by the policeman when he pasted us—the hurdles of the canal are a good distance from the road, they axe on the footpath of the canal—there is a piece of waste ground between the fence of the canal and the road—I should say that it thirty yards wide.
ROBERT ASPLAND . I am a cab proprietor, and live in Newton-street, Cavendish-street, New North-road. I knew Rashbrook about three year—I was in his company on the 18th of January—I first saw him at the George and Vulture, in Haberdasher-street, Hoxton, about half-past four o'clock—Pugh and Farmer were also there—Farmer, the deceased, and I left together in a cab, about half-past five o'clock, and Pugh walked on to fetch his horse, and we were to wait for lime—Farmer drove the cab we stopped at the Carpenters' Arms, about six o'clock or after, and remained there till about eleven o'clock—Macartney and Cresswell came there—Pugh had joined us at the bridge, and went there with us—a man who goes by the name of Cast-iron Jack also came there with Cresswell—he was not with us at the time the deceased was killed—the deceased and I went in a cab from the Carpenters' Arms to the Duke of York—Cast iron Jack drove us there, and staid there with us—he then drove the cab away, leaving us all there—we remained there till very near one o'clock—I am lame, and am in the habit of using a crutch—I never go without one, without I ride—I came out that day intending to go with my cab, and had not my crutch that night—when I came out of the Duke of York I found the cab was gone, and I said, "How shall I get home, I can't walk without my cratch"—the deceased said, "Oh, Aspland, I will carry you"—I believe I said, "You can't carry me"—he said, "Oh, I can carry you, I have carried five hundred weight," and I got on his back—he ran off with me a little on one side of the road, and then on the other, zig-zagging about, and making a noise like a horse—that was not from staggering, but in play—he made a noise resembling a frisky horse for about two hundred yards, and then I suppose he began to get rather tired—he walked after that—my arms were round his neck, and his arms behind me holding me on his back—he walked, it might be 150 yards after turning the comer leading towards the madhouse—after that he made a sort of drop with me, and fell all at once—we were then about forty yards from the corner turning round to Whitmore-bridge—when he fell I saw somebody by the side of him—it appeared to me to be close to me as I was falling—his falling threw me over his head, and he fell behind me—I did not hear the deceased say any
thing then, but he got up, and came reeling towards me, and said, "O my God, I am stabbed!"—my face was towards Whitmore-bridge when I fell—he came reeling past me from a contrary direction, and fell down before me—I did not see any person running away.
COURT. Q. At the time he fell, was the person who was close to you near enough to have struck him? A. I should say he was—he appeared to me to be close to us—I never saw any more of that person till the prisoner was brought back—I do not know whether the deceased could have been stabbed after he fell and got up—I cannot say whether he was stabbed while I was on his back, or afterwards—if he was stabbed while I was on his back, I did not see it—I did not know he was stabbed till he called out, and then I did not believe it, for there was nothing to give me reason to believe it—my head hung on his left-hand side, that was the contrary side to which he was stabbed—I saw somebody, but did not see any body attempt to strike or stab him.
MR. PAYNE. Q. Your face was over the opposite shoulder to the side he was stabbed? A. Yes—his head would be between me and the other shoulder.
COURT. Q. You did not hear him say any thing till he said he was stabbed; and you did not hear any thing said by any body, nor see any blow or provocation whatever? A. No—I did not see any body else near him from the time he fell till he got up and said he was stabbed—he fell behind me.
MR. PAYNE. Q. After you heard him say "I am stabbed," what did you do? A. I got up—he was lying down on his stomach—I did not see any blood—I did not go up to him myself—he had got up, and staggered towards me, and then said, "O my God, I am stabbed!"—when I got up, Cresswell went and pulled the deceased back, and said he was stabbed—I said, "Nonsense; take off his handkerchief and undo his shirt collar, and give him to me"—Macartney came up, and set him up against the wall—I did not observe whether he was bleeding, but Cresswell and Macartney showed me their hands—I was present when the prisoner was brought back by the sergeant and the policeman, but did not notice what took place—I was very peaceable as I went along that night—I did not hear anything particular of the others—they were talking to themselves—I did not do any thing, nor see any thing done by my companions, before the deceased exclaimed "I am stabbed"—no words were used in my hearing.
Cross-examined by MR. CLARKSON. Q. You were with them from the time they left the public-house till the man called out, "O God! I am stabbed?" A. Yes—I went on peaceably—no words passed between us and other persons nor between ourselves, except ordinary talk as we went along—I did not notice meeting a policeman—I was quite sober, I am very sure of that—the deceased was not drunk—of course, if he was not drunk, he must have been sober—I do not think he was the worse for any thing he drank—I did not know the party were to meet at the Carpenters' Arms—there was no appointed time to meet—four of us went together—I should say the deceased was a very strong man—we were at the George and Vulture after we were at the Carpenters' Arms—we had a pint of gin at the Duke of York, but none at the George and Vulture—we had a glass each at the George and Vulture—I do not think the deceased had one, he was not there at the time—it was at the Duke of York we had the pint of gin—we did not mix it with purl—we had no purl—I think a pint of
porter was sent out to the horse, which Farmer proposed—I swear we had not purl as well as gin, and two or three pints of ale at the Duke of York—I came here with a crutch—I do not know exactly what weight I am—I should think about eleven stone—I should say it was raw gin we had at the Duke of York—it was not gin purl—I do not go by any slang name further than Bob—I have been called Hoppy—it was rather a dark night, I think.
Q. Was it so dark that, when you first saw a person close to you, just before you fell, or as you fell, you could not tell whether he was a white man or a black one? A. No, it was not so dark as that, I am sure—I might have seen any one at the bridge, but it was rather a dark corner just at that part.
Q. (Reading from the witness's deposition)—"A person t saw close to me; I could not tell whether he was a white man or a black one." A. That is right—I could not tell what he was—I could have seen him except for the fright of my feelings—I could have seen him if it bad not been for that—it was rather dark I should say—I do not know whether there was any moon—I did not notice whether there were any stars—my legs were round the deceased's body—I was well up on his back—his arms were round under my thighs—I was alarmed by the fall—I had nothing else to alarm me.
COURT. Q. At the moment he fell, he was walking with you, not running? A. No—I supposed at the moment that he had stumbled over something, from his falling.
MR. CLARKSON. Q. Was it a slippery night? A. No—he ran along with me very well previous to that.
COURT. Q. But you had no means of accounting for his falling except from stumbling? A. No—I was not disposed to sleep, from the liquor I had drunk, or from riding on his back—my eyes were not shut I am sure—I could have distinguished any person who was near me—I could have seen up to the bridge, if I had been looking that way—I was on his back, with both his arms round my legs—I did not notice that he loosened one of his arms, and raised it in any manner, before he fell—he must have remained with his arms in the position I describe until he fell—I cannot tell what he might do as he was falling—I saw the wound afterwards.
Q. From the position of his arms before he fell, could any person get to that part of the arm where the wound was, so as to strike him? A. I should have thought there was room for a knife to strike him there, but I do not know—he had got me well upon his back, with my thighs under his arms—I had my stick in my band.
(Here the witness showed the position in which he was carried by the deceased, by placing himself on the back of one of the officers of the Court)
WILLIAM HENRY FARMER . I am a cab-proprietor, and live in Myddleton-street, Clerkenwell. On Saturday morning, the 18th of January, I was at the Duke of York, with Pugh, Apsland, Cresswell, Macartney, and the deceased—we left about one o'clock—I was sober, and I should say the deceased was sober—he had been drinking—when we came out of the public-house we walked in a direction towards home—Rashbrook carried Aspland—I walked in the road—I could not see where the other three were—they were behind me—the deceased and Aspland were on before me, in the middle of the road, up to the corner; and then, I believe, they walked on the footpath, but I am not quite certain—when they came out of the Duke of York they went into the road, and walked first on one side,
and then on the other, not on the footpath, and the deceased snorted like a horse when he took Aspland up—I continued behind until the deceased fell—we met a policeman, but I cannot say whether it was before or after we passed the corner—when I came up by the madhouse, I saw Rashbrook fall, with Aspland on his back—I did not take particular notice where Aspland fell—I saw the prisoner coming up in a direction towards them—I should say he was not close enough to touch him at the time he fell, nor at any time before he fell—I should say he would be up about a minute after he fell—I was about twenty yards off—they were in front of me—the prisoner might have been three or four yards from them, I think, when they fell, but I cannot exactly say—it was rather a darkish night—there are gas lights there—I do not know whether there was one near—I think they are only on one side, which is the footpath—while the deceased and Aspland were lying on the ground I had time to come up to them—at the time I came up the prisoner had got up to the party also—the prisoner was coming in one direction, and I in the other, and we both, as near as possible, met—he had got up rather before me—it did not take long to run twenty yards—I saw him, before the deceased fell, coming forty or fifty yards from me—it was light enough to see forty or fifty yards by the gas light
Q. Was it light enough for the prisoner to see Aspland on the back of the deceased? A. He might not have been looking, I cannot say—I could see the reflection of a person coming by the gas light—when I came up to the deceased and the prisoner, I did not hear any thing said by either of them—I saw nothing done by either of them at that moment—I was the person that exclaimed, "It's all right"—the deceased and Aspland were then lying on the ground, and the prisoner was standing between me and them—I said, "It's all right," because I thought the prisoner might think they were quarrelling or something.
COURT. Q. Had any body said any thing to make you say, "It's all right?" A. No, it is a way we cabmen have got, if a horse falls down, to sing out, "All right"—I meant there was no mischief done.
MR. BALL. Q. After you exclaimed, "It's all right," what did you see? A. The prisoner walked on for the space of ten or twelve yards—he then turned round—Rash brook had got off the ground, and walked towards him—he turned round then, and exclaimed, "He has stabbed me—I am a dead man"—when the prisoner turned round he turned his face towards Rashbrook, as if he was coming back, and I saw Rashbrook walk towards him, turn round, and exclaim, "I am a dead man"—I did not see Rashbrook raise his arm, or put himself in any attitude.
COURT. Q. How near did Rashbrook get to the prisoner before he exclaimed, "lama dead man?" A. I should say, he walked eight or ten yards towards him—I could not see whether he had got up to him, as his back was towards me—I did not, at that time or any other, hear any words pass between the prisoner and Rashbrook—I and my companions were quite peaceable at the time—I never heard any words between any of us—I have no reason to know that the prisoner and deceased were acquainted at all—I had never seen the prisoner before, to my knowledge.
MR. BALL. Q. What sort of a man was the deceased? A. A strong, stout man—I should say his height was about five feet five or six inches, but I cannot say—when I looked round, after hearing the exclamation, I saw the prisoner run away—I went up to Rashbrook, and felt the blood coming from him—I then went after the prisoner, and saw him stopped.
Cross-examined by MR. BODKIN. Q. Did you see more than one gas light? A. Yes, several, in the way the prisoner ran—there was no lamp between me and the prisoner, when I first saw him coming along, but the one by which I saw him—there was one behind us—the part where the deceased and Aspland were was some distance from any lamp—I kept my eye on the prisoner till he came up to where the two men fell—there was nobody else coming along—I was sure to see him—I am sure the two men fell before the prisoner and I got up to the place—I concluded they had slipped—it was very frosty and slippery—it appeared to me that the prisoner stopped when be got up, in consequence of the men falling—the other persons of our party were not far behind at the time—the prisoner would see the two men on the ground, and me coming towards him, and some others behind me—it is rather a lonely neighbourhood—there are houses on one side, and a field on the other—I should say it was a lonely spot at that time in the morning.
Q. I think you have said that, seeing him stop, you said, "It's all right"—was that under an impression that a stranger might be alarmed at what he saw? A. He might have thought we had been quarrelling—on my saying, "It's all right," he walked on in the direction he was going—he passed me in doing so, but he turned round before the deceased went towards him—I was four or five feet from the deceased and Aspland when the prisoner passed me, and they were getting up—I saw the deceased get up—my back was not towards the prisoner, after he passed me, it was towards the wall—I was standing sideways—I could see the deceased get up, as well as the direction the prisoner took—I cannot take on myself to say that the prisoner moved an inch back towards where the man had fallen, when he turned round after getting ten or twelve yards—I believe he had passed Pugh then, but I cannot be certain—I believe he had not passed Cresswell and Macartney, but I think he had passed Pugh, for at the time the deceased said "I am stabbed," Pugh caught him in his arms—the two men who fell, and I, were on one side of the prisoner, Pugh near him, and the other two on the other side of him—I should say he was in the midst of us—when the deceased got up, he went towards the prisoner—I cannot give any reason for his taking that direction—it was entirely opposite to the route we were going—it was about two minutes after the prisoner passed me, that the deceased got up, and passed me in the same direction—he did not go after him till he saw the prisoner turn round—on seeing the prisoner turn round, he got np, and went in that direction—he then appeared in perfect health as he was before—after he passed me, and went towards the prisoner, his back was to me—I looked at him all the time he was going towards the prisoner—I cannot say whether I looked at any thing else particularly.
Q. Now from the position in which you stood, and his back being towards you, and his having got a distance of eight or ten yards, might he not have struck, or attempted to strike the prisoner, without your seeing him? A. He might have done so.
COURT. Q. Can you say that they did advance so near to each other, that one might have struck the other? A. I cannot say; but it was then the deceased turned round and said, "I am stabbed."
MR. BODKIN. Q. I think you told me that the prisoner did not move a bit backwards from the point where he first turned round? A. I cannot say he did, or did not—I did not see the fatal blow struck—the deceased had gone the eight or ten yards, with his back towards me, before I heard
him exclaim he was stabbed—I did not hear him make that exclamation more than once—he seemed in perfect health to me when he walked the eight or ten yards, but he might have been ill, and I not see it—I did not examine where the blood was first discovered, or how far that was from where he fell—there is a canal near there—when the prisoner stopped and turned round, he was not on the side of the road, nearest the canal, he was on the footpath, against the corner of the gateway—there is no footpath on the side next the canal—when the deceased made the exclamation, he staggered, and Pugh caught him in his arms—he was staggering when I heard him exclaim—in a very different state to what he was in before.
COURT. Q. Was that a very different motion from that in which he had advanced towards the prisoner? A. Yes; the deceased had no stick or weapon in his hand—Aspland did not follow with him—he was lame, and could not move—he was not off the ground at the time.
WILLIAM CRESS WELL . I drive a cab, and live in Bridegroom-court, Hoxton-square. I was in company with Rashbrook and the others, at the Duke of York, and left with them—the deceased carried Aspland on his back, and going along he went capering along, similar to a horse—just before he came to the bridge, he met the prisoner—we had met a police-man before that—I should think the deceased and Aspland were between ten and twenty yards before me at the time they fell—the prisoner came along past him, and Rashbrook fell down—the deceased and the prisoner were pretty close to each other at the time he fell—they were no distance apart—one was near enough to touch the other—when Rashbrook rose up, he said, "O my God, I am stabbed, I am stabbed, I am a dead man!"—he said that, I suppose, about a minute after he rose up—I picked him up, when he fell down again.
Q. How far had he started from the spot where he first fell? A. He only made a bit of a reel round—the prisoner had passed him then, and got nearer to the Duke of York, and as soon as he heard him halloo out "O my God, I am stabbed!" he immediately began to run—I assisted in helping the deceased to the wall—I lifted him up, and Macartney helped me to get him to the wall—he was lying down, and the blood laid in a puddle in the middle of the road—I remained with him till the prisoner was brought back—he died in three or four minutes—I did not see any thing done by any of our party to the prisoner, before the deceased cried out "I am stabbed"—I did not hear a word spoken by one or the other.
Cross-examined by MR. CLARKSON. Q. According to your account, the deceased must have been stabbed while Aspland was on his back? A. Yes—I did not see the blow given—I was ten or twelve yards from him, when he fell, with Aspland on his back—I do not know whether Farmer was nearer than me—I did not hear any body call out "It's all right"—I was sober—I was near enough to hear if it had been called out—I did not hear it—if it was called out at all, it was not loud—when we met the police-man I was walking alongside the road—I believe some of the party were on the footpath—Aspland and the deceased were not on the footpath, they were in the road—they were not between two companions, going arm in arm, on the footpath—I am sure of that—when the deceased fell, Aspland fell over his head—a couple of minutes might have elapsed between that fall and the second fall—I had the deceased in my eye from the time he first fell with Aspland on his back—I do not think the prisoner could have done any thing to him, from the time he first fell, to the second time—the injury must have been received while he had Aspland on his back—that
was the occurrence as far as I know of it—the policeman did not go off the footpath to avoid us—we were all quiet and sober—I am a cab driver—I was on foot this night—I had not been driving that day—I had driven one day in the course of that week—I had received 3s. that week—I did not pay my share of the reckoning on this day—they paid it among them—I had saved some money at home—I am married—I had saved enough to keep us all that week—perhaps 14s. or 15s.—I got it one time and another, putting it by as I could afford—I swear I had saved something—I gave it to my wife—I cannot tell how much it was, to a shilling or two—I do not believe that any body ever saw me much otherwise than a quiet and inoffensive man—I have been twice in custody, never for house-breaking—I was never charged with house-breaking.
Q. I mean the house of Mr. Plant, a tailor, in Fore-street—you know the officer, Dubois, don't you? A. My cab is on the rank for hire at Hoxton—people get in, and order me to drive to a certain place—they get out, and say, "Stop here till I come back"—it it not my business to ask what they are going about—the young man said, "I have no money till I come back, you stop here, you will have to drive me over the water"—I said, "You had better pay me now, and I will wait"—he put his hand in his pocket, and said, "If you are afraid, I will give you these," and he gave me some duplicates, and I stopped for him to come back.
COURT. Q. I suppose, to make the matter short, the person in the cab was taken up for housebreaking? A. Yes.
MR. CLARKSON. Q. Well, you were on the rank one night, at what time? A. Twelve o'clock—the duplicates were not given to me for my fare, but to hold as security—I was not taken into custody, I went up myself to take the duplicates—the policeman stopped me because I had the duplicates—the duplicates were not of stolen property—the young man's father and mother said they were his own things he had.
Q. Do not you know the man would not prosecute because the party was hi sown son, whom you had been assisting to rob the house? A. No—the duplicates were not of property charged to have been stolen—his father and mother said the things were his own that he had pledged, barring one coat, and that was his father's—that was among the rest of the duplicates—I was taken up for being tipsy a good bit ago—I do not know when I was last in custody—it is a good while ago—I dare say it it twelve months ago—I will swear it is six—I have not been in custody for riots or disturbances—the last time I was in custody was for being tipsy at nine or ten o'clock in the evening—I was taken to Worship-street, and lined 5s., but had not got the money to pay it—I was locked up for the night, and then they let me go—I mean to swear those are the only two occasions on which I have been in custody.
MR. PAYNE. Q. How long ago is the matter of the duplicates and the cab? A. I should think between three and four years ago—I was remanded for a week, and there was no evidence against me.
CHARLES MACARTNEY . I am a cab proprietor, and live in Canal-road, Hoxton. I was with the party at the Duke of York—when we came out, Aspland got on the back of the deceased—I did not perceive any policeman near the corner—when we got near the madhouse I observed the deceased fall down, with Aspland on his back—I was about twenty-five yards from him when he fell—he got up in a reeling direction, and came towards
me, a tall man passed just at that moment in between us, and I heard the deceased exclaim, "Good God! I am stabbed, I am a dead man"—I turned round and perceived the prisoner had turned round, but a contrary way to what I had turned—my back was towards the wall, and the prisoner's face was towards the wall—this was all in a moment—as soon as I turned round he took to his heels, and began to run—before I heard Rashbrook say he was stabbed, I did not hear any thing pass between him and the prisoner, or between any body—I heard nothing said, and I saw nothing done, neither provocation in word or gesture between one or the other—I did not see the deceased raise his arm—I cannot say how near the prisoner was to the deceased when he fell, with Aspland on his back—I cannot form any judgment—we were going along the road quite peaceably.
Cross-examined by MR. BODKIN. Q. Did you leave the Duke of York at the same time as the others? A. All together—the deceased and Aspland went on first, I cannot say who followed next—I cannot say whether Farmer was on the road before me—we were pretty near together—we might be three or four yards apart—I cannot say whether Farmer was before or after me—I saw the two men fall—it was not light nor dark—I could see the deceased fall down plain enough, twenty-five yards in advance of me, with the man on his back—it was after that I saw the tall man—he came in an opposite direction to what I was going, and passed me—I had advanced, perhaps a dozen paces, out of the twenty-five yards, when he passed me—I kept walking on—I consider I was about twelve yards from the deceased when the tall man passed me.
Q. How soon after the tall man passed you did the deceased pass you? A. They were nearly together—the tall man was rather first, and the other close after him—the deceased was going in the reverse direction to what he was going before—the moment he got by me I heard the exclamation, "I am stabbed"—they had both passed momentarily—the deceased had clearly passed by me before I heard the cry—he had not got two yards past me—his back was to me after he passed me—I did not turn round to look after him till I heard the exclamation.
COURT. Q. How near might the place be where the deceased was when you heard the exclamation, from where they had been on the ground? A. It might be about fourteen yards—he got up in a reeling direction, not walking quite straight—he appeared straight enough—I heard no more than one exclamation.
HORATIO NELSON TIVEY (police-sergeant N.)On the night of the 18th of January, or morning of the 19th at one o'clock, I was on duty in the Hertford-road, at the corner of the Down-road, exactly opposite the Duke of York public-house—I was talking to my brother-officer Leggett, and heard a cry of "Stop him," in a direction from Whitmore-bridge—I saw some person running towards me—I called to Leggett to keep back till the person came within a certain distance, and then we could come out and take him—we concealed ourselves a short time, and came out when he came within about ten yards of us—he almost ran into my arms—it was the prisoner—he said, "I throw myself on your protection, I have been insulted by five or six men"—I told him he was quite safe then—Pugh and Farmer came up, one after the other, and said he had stabbed a man—I then wished him to go back—he said he did not see what occasion he had to go back—I told him he must go back—I took him by the right
arm, and Leggett took his left arm, and on getting back fifty or sixty yards, he put his hand into his left breast pocket, and took out this knife (producing it) it was shut—I looked at it, and it was full of blood—there is a spring to it—it closes with a spring—when open, you cannot shut it again without pressing the spring—he said, "This is the knife I did it with, I did it in self-defence"—he said, "I held my arm so," holding his arm up—he did not say how he struck—I took him to the spot where the deceased was, and sent for a surgeon—somebody made the remark that the man was dead—the prisoner felt his pulse, and said his pulse beat very well, and wished me to feel it—the surgeon came in five or six minutes—the man sighed twice and died—I took the prisoner to the station-house, and in answer to a remark of the Inspector, that it was a very serious charge, he said, "I did it, and I would do it again, I did it in self-defence."
Cross-examined by MR. PHILLIPS. Q. And he said he had done I tin self-defence, after the two persons came up? A. Yes—he said it in their presence I believe—I know the part of the road where this took place—there is a kind of paling separating the road from the canal—it is broken down in parts—I cannot exactly say whether the railing is very slight—the place leads to a public road—it is in a measure lonely—the prisoner did not attempt to escape from roe in the least—he went quietly with me.
MR. PAYNE. Q. Before you heard the cry of "Stop him," did you hear any cry of "Police," or of any body wanting assistance? A. No—from the centre of the road to the canal is from thirty to thirty-five yards—that road is watched by the police.
JURY. Q. Did you hear any thing like disorder in the road from the people passing before this? A. Not the least
JOHN BURCH LEOOETT . I am a policeman. I was on duty in Hertford-road, on Saturday morning, the 19th of January—I remember meeting six men in the road, one was on the back of the other—there was no disorder—they were merely talking and larking with each other—I did not hear any disorder just before that in any way—I was with Tivey when there was a cry of "Stop him"—when I passed the six men they were about one hundred and thirty yards from where the deceased was afterwards lying, past the corner.
Cross-examined by MR. CLARKSON. Q. Were yon walking on the footpath before you came up to them? A. Yes, there were three of them abreast on the footpath, and the middle one had a man on his back—the other two were walking arm-in-arm with the man in the middle—the three were abreast, and appeared walking with their arms in each other's—I went off the footpath to give them room—they engrossed the whole footpath—it is not a very wide one—the horse-road and the footpath are nearly on a level there—I went off the footpath into the horse-road to avoid them—I was present when the prisoner was caught in the arms of my sergeant—the observation he made was, "I place myself under your protection, I think myself quite safe now"—that was the first thing he said—he made that observation before any thing was said about stabbing—he also said, "I meant running till I saw a policeman—that he had been grossly insaulted by six men, and what he had done he only stood in his own defence.
MR. BALL. Q. Before he said, "I throw myself on your protection,"
had you heard the words, "Stop him?" A. Yes, that was repeated several times—I should say a minute before.
COURT. Q. You say the men appeared walking arm in arm. A. I cannot be positive whether their arms were in each others or not.
Q. If the centre man's arms were round the other's legs, they could not be in the arms of the other men. Q. No, the man in the centre had his arms round the other's legs.
MR. PHILLIPS. Q. Were you at the inquest? A. Yes; I do not know whether a gentleman named Poole was examined.
H. N. TIVEY re-examined. Mr. Poole was examined at the inquest—he is here now.
MR. PAYNE. Q. Was Mr. Poole called on his recognizance before the Grand Jury? A. Yes, but he did not appear—he was not examined before the Magistrate—he was called in the Court, I understand, but I was not in the court.
WILLIAM SMITH (police-constable N 272.) I was on duty on the night in question in the Down-road, and heard a cry of "Stop him"—I should say I was about four hundred yards from the spot, across the fields, nearly opposite—I could hear it quite plain—I think the four hundred yards is in a direct line—I did not hear any cry of "Police," or "Murder," before I heard the cry of "Stop him"—I saw the prisoner come up—I have heard the other policemen's evidence—it is correct.
JOSEPH MELLISH . I am an Inspector of the N division. I was at the Kingsland station at two o'clock in the morning, on the 19th of January, when the prisoner was brought there—I asked him if he wished to lay any thing to the serious charge made against him—he said he had done it, and would do it again, it was in self-defence—In consequence of information I went to the road, and observed a great pool of blood in the middle of the road—I also saw blood on the footpath—this was the same morning, about two hours after the prisoner was brought to the station-house—I could not see any trace of any body having been thrown down or slipped down—I did not observe any thing to indicate two persons having fallen down.
Cross-examined by MR. PHILLIPS. Q. Did you look to find? A. No.
COURT. Q. Did you trace the blood from the road to the footpath? A. Yes, and it appeared by the marks of the blood, that it had run from a person sitting down or standing against the wall.
JOHN HUGH HAWTHORN . I am a surgeon, and live in High-street, Hoxton. I was called on the 19th of January, and went to the Hertford-road, between fifteen and thirty yards from Whitmore bridge—I found the deceased sitting against the wall, supported by a man behind him—his clothes were bloody, and he was dead—I had him conveyed to the nearest public-house, and found the axillary artery and the axillary vein divided—that is situated in the arm-pit—the division of the artery was the came of death—such a wound would no doubt cause almost instantaneous death—such a knife as this (looking at it) would inflict such a wound—I afterwards opened the body, and found that I was correct in the artery being severed—I discovered that the pectoral muscle was not divided, nor touched—that is in the front part of the arm-pit—the wound was under the arm, and part of the front part of the arm was cut, in the arm-pit, and part of the arm as well—the artery and the vein could only be exposed by the
arm being raised, so as to avoid the pectoral muscle—the arm must be raised in a horizontal position to have such a wound inflicted.
Q. Supposing a man to have his arms thrown back in the way the officer supported the witness, would that so expose the axillary artery and vein as that they might be wounded without wounding the pectoral muscle? A. No—the artery and vein would be completely behind the pectoral muscle—it was not possible to inflict such a wound as I saw, while hit arm was in that position, by a back-handed blow—it was impossible to do it in any way with the arm in that position.
Cross-examined by MR. PHILLIPS. Q. When the arm is down, the pectoral muscle protects the axillary artery? A. Yes, so that you must penetrate the muscle in order to divide the artery—in order to divide the artery without doing so, it is necessary that the arm should be raised horizontally, which would throw off the muscle, and deprive the artery of its protection—such a blow as I saw could not be given while carrying another man pick-a-back—it must have penetrated the pectoral muscle, which was not touched—I was examined at the inquest, and gave the tame evidence as I have now, and also at the second examination before the Magistrate.
COURT. Q. Would raising the arm raise the muscle? A. Yes, and expose the artery and the vein—the pectoral muscle extends from the breast to the arm, and forms the front part of the arm-pit.
MR. PHILLIPS. Q. Would not the natural consequence of such a wound as you saw be an immediate exclamation? A. Yes.
COURT. Q. Did you ever see a person so struck, or do you only suppose it would cause an immediate exclamation? A. They certainly would feel the effect of loss of blood immediately, and the exclamation would come in consequence—I should think it a natural consequence.
WILLIAM FINER (examined by MR. PHILLIPS.) I am a surgeon and apothecary, a general practitioner, and am surgeon to the parish of St. Leonard, Shoreditch. I was examined at the inquest—I examined the body of the deceased, both by myself, and also with Mr. Hawthorn—I agree with his evidence—we came to the same conclusion together—I should say that a man receiving such a wound would be likely to utter an immediate exclamation—I can give a reason.
COURT. Q. Let us have your reason. A. For this reason, that, in all cases of extreme magnitude, there is an extreme alarm in the constitution—it has always been observed, and it is quoted by authors who have written on wounds of various descriptions, that though a wound is slight, yet the alarm at the time of receiving it is always very great, much more so than the loss of blood would warrant—I am aware that persons have received severe wounds and pistol-balls through the body, and yet have uttered no exclamation—they feel the effect of the wound immediately, and are conscious they cannot recover from it.
Cross-examined by MR. PHILLIPS. Q. Were you examined before the coroner? A. Yes, and was bound over by the coroner to give evidence—I tendered myself to the solicitor for the prosecution according to my recognizance, on the Wednesday, to go before the coroner—I followed
there, by order of the beadle—the solicitor did not take me in—on the morning of Saturday the 19th of January, I was returning from Coventgarden Theatre, but I had not played that night—my home is a short distance from the place in question—when I was on Whitmore-bridge, I heard voices on before me, and came up to a party of, I think between five and six, but I cannot say the exact number—one of them had on, what appeared to me like a drab coat or Mackintosh—some of the party were leaning against the palings, and others standing on the footpath—the man in the coat or Mackintosh staggered up to me from the rest, and shoved me off the footpath into the road—I should say this was about one o'clock, or very near it—I cannot say exactly—I did not give the slightest provocation to that man, or any of his party to conduct himself so to me—I was perfectly sober—the man in the drab coat or Mackintosh, at the time he shoved me into the road, said "Here is a b——d swell"—another who was close to him, said, "Oh, b——him"—there was a noise, and they commenced, one and all, swearing, and making use of very foul language—I pass along this road frequently—it is a very lonely spot indeed—my house is about four or five dozen yards from the place where I was shoved—I went home directly, and shut myself up in my house—I was under considerable alarm—I heard of this transaction next morning from a police-man who was on duty, and I mentioned to the neighbours round, word forword, what I have told to-day—in consequence of that I was summoned by the coroner—a gentleman named Poole was examined after me at the inquest—I never saw the prisoner before to-day.
COURT. A. You say this was near one o'clock—we want to know whether this took place before the transaction in question, or afterwards? A. I should say it did not want more than five minutes to one o'clock at the time this happened to me.
MR. PATNE. Q. Where about was it you say that this man in the drab coat or Mackintosh ran against you? A. About 150 yards from Whitmore-bridge—they were standing still when I came up to them—I saw nothing of one man on the back of another—I saw no policeman that night—I did not hear the cry of "Stop him," or any cry of "Police," "Murder," or any thing of that sort, after I got in doors—I went straight up to my bed-room, which is at the back of the house—I did not tell any policeman that night that I had been attacked—I got into my own house immediately—it is in Bartholomew-place—that is a row of houses—my house is the last but two—it is on the left-band side going from the Hertford-road to the Duke of York, and nearer to Whitmore-bridge than the Down-road.
Q. What had you been about that night—you say you had not performed at the theatre? A. I left my father's residence, No. 7, Tavistock-street, that evening, and went to Covent-garden Theatre about eight o'clock—her Majesty was there that night, and I stopped to see the pantomime I am the Irish comedian of Covent-garden Theatre—I play Irish characters.
MR. PHILLIPS. Q. Have you seen Mr. Poole here to-day? A. Yes, he is outside.
(Nineteen respectable witnesses gave the prisoner an excellent character for humanity.)
GUILTY .—Strongly recommended to mercy, believing he committed the act under the apprehension of personal danger.
Confined Three Years—Three Months Solitary.
NEW COURT.—Friday, February 8th, 1839.
Sixth Jury, before Mr. Recorder.
GUILTY .— Judgment Respited.
THE HON. MR. SCARLETT and MR. ELLIS conducted the Prosecution.
ELIZABETH CAROLINE CLUBB . I am the wife of Thomas Joseph Clubb, a chandler, Tyson-street, Bethnal-green. On the 19th of January the prisoner came into the shop, between seven and eight o'clock in the evening, for two small boxes of blacking—he gave me a half-crown, and I gave him change—he went away—I put the half-crown into a little mug on the mantel-piece, in which there were some shillings and sixpences, but no half-crowns—when my husband came home I showed him the half-crown, and he put it into his pocket.
Prisoner. Q. Was there not a young man, dressed in the clothes you mentioned, who acknowledged that he gave you the piece, and you said at the office that I had a valuable ring on my finger, which I never had? A. I have had two or three come to roe, and one said he was the young man I took the half-crown of—but he was quite a different man—I am certain I am not mistaken in the person of the prisoner—he had a ring on—he had a broad-brimmed hat and a frock-coat—I particularly marked his features—he coughed very much—I said, "You have got a bad cough"—he said, "Yes, I have"—I had two lamps in the shop.
THOMAS JOSEPH CLUBB . When I came home that evening my wife gave me the half-crown—I examined it, and judged it to be bad—I put it into my pocket, and kept it till the next morning, when I went to the west end of the town—I gave it to my mother-in-law, Mary Watson—I gave her the same I had from my wife.
MARY WATSON . I received the half-crown from Mr. Clubb—it laid on the table for some hours, and then I put it on the kitchen mantel-piece—the policeman called at my house, and I gave it him—I am sure I gave him the same half-crown—my daughter wrote me a letter to say I must take care of it, as the man was in custody—and then I took it off the mantel-piece, and put it into my pocket.
THOMAS ADAMS . I am servant to Mr. George Cross; a publican in Church-street, Bethnal-green. At a quarter to eleven o'clock at night, on the 19th of January, the prisoner came for 1 1/2d. worth of rum—he put down a good half-crown—I was about changing it, and he said, "Stop, I think I have got halfpence enough"—he put down a penny—I gave him back the good half-crown, and said it came to another halfpenny—he said, "I must have change now," and he pulled out a bad half-crown—I took that to my master—the prisoner ran off—he had a broad-brimmed hat on.
Prisoner. I only gave him one half-crown—I had not a good one in my possession.
HENRY GEORGE CROSS . I am a publican, living in Church-street, Bethnal-green. On the night of the 19th of January, I received the half-crown from Adams, who said he took it of the prisoner—the prisoner seemed very much agitated, and asked me if it was bad—I am positive he is the man—he made his escape before I could secure him—I put the half-crown
into my cash-box, in a part where there was no other money—when the policeman came, I marked it, and gave it to him.
GEORGE TEAKLE (police-sergeant H 8.) On Monday, the 21st of January, I saw Mr. Cross—I received from him this half-crown—I apprehended the prisoner, on the 22nd, at the Feathers public-house, near Shoreditch church—I took him from there to Mr. Cross, that Adams might see him—Adams knew him—he was anxious to know what it was about—I said, "A bad half-crown"—he said, "I know nothing about it, I have not been in the house"—he gave me his address, in Cumberland-street, Hackney-road—I made inquiries, and he did not live there.
Prisoner. I acknowledged from the first being at Mr. Cross's. Wittiest. He said, "I have not been in the house."
Prisoner. Mrs. Clubb has taken me for somebody else—she said I was dressed as a gentleman, and there have been plenty of people here to show how I was dressed—Mr. Cross can say I was dressed as I am now, and Mrs. Clubb did not see me for four or five days after.
MR. CROSS. He had a frock-coat on, and I endeavoured to secure him—he ran as fast as he could down the street
GRACE LAPTHORN . I live at No. 22, Punderson's-gardens, Bethnal-green. My husband is a brush-maker—the prisoner is my brother—he has been constantly with us for five years—he worked for my husband till the 4th of August, when he was taken with a fever, and was ill for six weeks, and could not work for several weeks after—since then he has not been at work—he has worn no other dress than he has on now, I can be on my oath, for twelve months, nor no other than what he left my house in the fever with—he has left our house for about four months, but he came to see us several times, and had no other coat than the one he has on—I never saw him with a ring—the young man that had the ring went to Mrs. Clubb, and I said I would have him taken up, but he has made his escape—his name is Stephen Langley—the ring is in pledge now—he does not resemble the prisoner—he is rather fresh-coloured, and dressed like a gentleman, and wore black-kid gloves—when the prisoner was in trouble, I went to see him—he said he was guilty of going to Mr. Cross, but as regarded Mrs. Clubb, he never was in her house—I asked him, "Who did it?" he said, "Stephen Langley"—I went to him and after great persuasion, he went to Mrs. Clubb's—he used the Feathers.
MR. SCARLETT. Q. Do not you know that the prisoner has been in custody for this very offence under the name of Lapthorn? A. No, he was in custody once for an assault—I have an elder brother—he and the prisoner are frequently taken one for the other.
MR. FIELD. I know the prisoner—he was custody in about March last year, and he has been in custody in the name of Lapthorn and Jeffery—I know his brother perfectly well—I am not confounding the one with the other.
GUILTY . Aged 19.— Confined Two Years.
JOHN CONSTABLE . I am a cheesemonger, and live in Shoemaker-row, Blackfriars. On the 7th of January, between two and three o'clock in the afternoon, the prisoner came into my shop for a penny saveloy—he put| down a shilling—I gave him change, and he went out—I put the shilling into the till, where I had no other shilling I am certain—I looked at it against in less than three minutes, and saw it was bad—I took it and went down two or three courts, but I could not see him—I brought back the shilling, and put it on a shelf behind the counter by itself—on Saturday evening, the 12th of January, just before nine o'clock in the evening, he came again, and asked for half a quartern of cheese, which I refused to cut—he then asked for a quartern—I served him—he put down a shilling—I saw it was bad—my wife was on the other side of the shop—I asked her if she had got a sixpence in the till—I then went round and charged him. with being the man who brought the other shilling—he said he did not, and asked me to give him the shilling he had brought then, which I would not—I sent for the officer and gave him in charge—I recognized him the moment he came into the shop—I marked the shillings and gave them to the officer.
HARRIET MEWKILL . I am the wife of Robert Mewkill, a tobacconist, on St. Andrew's-hill. On Saturday night, the 12th of January, at half-past eight o'clock, the prisoner came for a penny-worth of tobacco—he gave me a shilling, which I saw immediately was bad—I told him so—he said he did not know it—I passed it to my husband.
ROBERT MEWKILL . I received the shilling from my wife—I went round the counter, and took op the tobacco—I told the prisoner he might go if he pleased, but I should not give him the shilling back—he wanted it back, and said he could change it where he took it—I laid it on a shelf by itself—I gave it to the policeman within an hour.
GUILTY . Aged 21.— Confined One Year.
JOHN DAVET CLUTTERBUCK . I am a publican, and live in Globe-fields. On the 10th of January, between eight and nine o'clock in the evening, the| prisoner came for a pint of porter, which came to 24.—he gave me a sixpence—I gave him change, and he went away—I put the sixpence into my waistcoat pocket, where I had no other sixpence—I was called down next morning, and my wife said she had taken a sixpence of the prisoner—I did not see it taken, but the prisoner offered me a half-crown to take the sixpences, if I would not have him locked up.
Prisoner. On the morning before, I was at work close by the house, and his wife changed a half-crown for me, and took 21/2d. for a pint of tea—she gave me one shilling, two sixpences, and 31/2d. in change.
MARY CLUTTERBUCK . The prisoner was in the habit of coming to our house for about a fortnight—on the evening of the 10th of January, he came for a penny-worth of gin—he gave me a sixpence—he got the change
and went away—I put the sixpence to my teeth and found it was bad—when my husband came in I gave it him, and either he or I laid that six. pence and one that he had in his pocket on the shelf—the next morning the prisoner came in to his breakfast, he said he was very cold, and asked me to give him a penny-worth of gin—I drew it—he put down another sixpence, which was bad—I told him it was bad—he said I must be mistaken—I said I was not, and that was not the first, nor the second, but the third which we had taken of him since eight o'clock the night before—I gave the three sixpences to the officer.
COURT. Q. Did you change a half-crown for him the day before? A. I do not recollect any thing of the kind—I was not at home when he had the steak at night—he was in the habit of supping there sometimes—I may have given him change for a half-crown—he and all the men used to come to our house—he was digging a well.
Prisoner. When I came in that morning, you said, "Here are two bad sixpences you gave us last night"—I said, "No"—you turned, and showed them to me—I had them three minutes in my hand, and you said, "When the foreman comes I shall acquaint him"—you then laid the two sixpences on the shelf, and one of the engineers went for your husband—if I had been a common utterer, I should have thrown them away. Witness. I showed them to him—I do not believe he took them, but I really could not say—I said it was the third we had taken of him, and I should tell the foreman—he was on the other side of the bar, and the mantel-shelf was behind me—he could not reach them.
WILLIAM CLAY (police-constable K 278.) I was called on the 11th of January, about eight o'clock, and took the prisoner—I found on him in a glove, a half-sovereign, and a half-crown which were good—I asked him if he had any other money about him—he said, "No"—I found in the pocket of his inside trowsers 10d. in copper—I then searched him again, and found 5d. more in copper—I asked him if he had any more—he said, "No, but the landlady has not given a sixpence back in change for the shilling I gave her in lieu of the bad sixpence"—but I turned out a bag of eatables, which I found on the prisoner, and in it was a good sixpence, which he must have put in—I received three sixpences from Mrs. Clutterbuck, which she marked—while I was in the court-yard at Lambeth-street, the prisoner's wife or woman came to the cell-door, and she said, "Tim, or Jem, say that you gave half a crown the morning before, and took change, that will do the thing—that is the old game"—the prisoner said something to her—I took her by the shoulder, and put her out of the yard—when I accused him of it in the yard, he said, "She is no wife of mine, she has done me more harm than good—kick her out of the yard."
Prisoner. The prosecutrix had changed half a crown for me the morning before, and at night I had some supper, and gave her one of the sixpences I had from her—I gave my right address, at White Hart-street, Lambeth.
GUILTY . Aged 40.— Confined Two Years.
MARIA SUTCLIFFE . I am the wife of Richard Sutcliffe—he keeps the Brewery Tap, in Clerkenwell. On the 29th of December, the prisoner came, between two and five o'clock in the afternoon, for half a pint of
beer, which came to a penny—he gave me a shilling—I thought it was bad, and showed it to my husband, who was at the bar door—he went to the prisoner, and told him it was bad—the prisoner tried to snatch the shilling from his hand, but did not succeed—he walked out, and when he got out he ran.
RICHARD SUTCLIFFE . I received the shilling from my wife—I took it to the prisoner, and asked him if he had not got a better—he said he had not—I said it was no use attempting to pass bad money, he had been there before for that—he said he had not, and asked me to let him look at the shilling—I showed it him—he seized hold of my hand, and wanted to get it from me—I told him I should keep it—I went behind the bar, to put it under a glass—he went out, and I went to the door after him—he whistled and ran across the road.
JOHN DAVIS . I am shopman to Mr. Naylor, a grocer, in Exmouth-street. On the 29th of December, at ten o'clock in the evening, the prisoner came for a quarter of a pound of sugar, which came to 11/2d—I gave it him—he put a shilling on the counter—I said it was bad—I took a knife and chopped it—he held out his hand for the shilling—I said I would not give it him—he made a face at me, went out, and ran off—I ran, and Mr. Painter took him—I handed the shilling to Mr. Painter, who handed it to the policeman.
THOMAS JAMES PAINTER . I saw the prisoner come out of the shop—he ran across the road—I followed him till I saw him taken—I had seen him walking up and down for ten minutes before he went into the shop.
THOMAS LOWE (police-constable G 84.) I was on duty in Coldbath-square, and heard the alarm—I saw the prisoner running down Bath-street—I hastened to the place, and caught him—I took him to the shop—the shilling was handed to the witness, and from him to me—nothing was found on the prisoner—I after that got a shilling from Mr. Sutcliffe.
Prisoner. I got a shilling from a gentleman for carrying a box—I went to the grocer's shop, and was taken—I had not been to that witness's—I do not know where the house is.
MRS. SUTCLIFFE (re-examined.) I am sure he is the man—I have seen him at my house before.
GUILTY . Aged 19.— Confined One Year.
THOMAS ALDHAM . I am a hair-dresser, and live in Leigh-street, Burton-crescent. On the 7th of January the prisoner came to my shop for a pot of bear's-grease—she gave me a bad half-crown—I went to my neighbour's, and got change—when I came back the prisoner was waiting at my door for the change, and I gave it her—I had left the half-crown at my neighbour's—we were both deceived, and thought it was good—my neighbour sent his man back directly to fetch me—I went in a minute, and got the half-crown back from my neighbour, and locked it up—the next night the prisoner came again for a sixpenny bottle of rose-oil—she said, "My young ladies did not like that bear's grease you gave me last night"—when I served her the oil, she gave a half-crown—I put my hand into my pocket, pretending I had not got change, I bolted and locked the door, and called, "Thief, thief, police!"—the neighbours and the police-man came running—I gave the two half-crowns to the policeman.
JONATHAN ABBOTT . I am a baker, and live two doors from the prosecutor. He came to me in the evening of the 7th of January, and changed a half-crown—he had not got outside the door before I observed the half-crown was bad—I sent my young man for him, and he came in again in about two minutes—I told him he had given me a bad half-crown—he took it, and gave me 2s. 6d. for it—I returned him the same half-crown.
THOMAS WALLIS (police-constable E 130.) I was on duty in Leigh-street—on the 8th of January, in the evening, I was called to the shop, and took the prisoner—I received these two half-crowns from the prosecutor—I took the prisoner to the station-house, and then went to where she gave me her address—I could find no such person there.
THOMAS WILKINS . I am a cooper and beer-seller, and live in Queen-street, Chelsea. On the 10th of January the prisoner came for a glass of ale, between six and seven o'clock in the evening—he gave me a half-crown—I gave him 2s. 41/2d. change—he went away, and some time after he was gone I examined the half-crown, and found it was bad—it had been in my pocket, where I had no other money—I locked it in my desk—on the Monday following he came, between five and six o'clock, for a glass of ale—he gave me a half-crown, I kept it in my hand, went round, and shut him in the bar—I told him it was bad, and he should not have come again, as it was only two or three days since he had been there before—he said it was a bad job—I sent for the policeman, and handed him the two half-crowns.
Prisoner. I had never been in the man's house before.
Aged 21.— Confined Six Months.
NOT GUILTY .
629. HARRIETT GINGELL was indicted for stealing, on the 22nd of January, 2 rings, value 2l. 2s.; 2 flannel-waistcoats, value 6s.; and 1 pair of scissors, value 1s.; the goods of Thomas James Wright, her master.
MR. ESPINASSE conducted the Prosecution.
SARAH ANN WRIGHT . I am the wife of Thomas James Wright. He lives at Hope-cottage, Church-lane, Chelsea—the prisoner was in my service in January—I missed a pair of scissors which had belonged to my deceased mother, on a Monday, about a week previous to my finding them I had them using on the Saturday at my work-table—the prisoner had
no scissors of her own—she had borrowed my daughter's—but when I spoke to the prisoner she said she had a pair of her own, which were in her box, in the chaise-house—my husband gave her warning, and she was to leave me on Thursday the 24th of January—I had two rings which I wore at a party on the Friday evening, before the 24th—they were then enclosed in this box, and locked up in a drawer in the wardrobe, in my bed-room—I saw them safe on the Saturday morning—in consequence of information from my daughter, I went to a drawer in the prisoner's room on the Tuesday morning, and found a pair of stockings—I shook them, and the scissors and the two rings fell out of the feet of the stockings—the rings were then loose, and the case in which they had been kept was left in my box, in the drawer of the wardrobe—I went up stairs, and found the prisoner in Mr. Wright's dressing-room—I said to her, "Oh, Harriett, what have you been doing?"—she said, "Nothing."—I could hardly believe she had done it—I went to the wardrobe, and missed my rings—I then said to her, "Harriett, I have found my scissors, and you have taken them"—she said, "Then you have been to my drawer"—I can swear to these rings—they belonged to my mother, and were given to me by my father after her death—I was present when the prisoner's room was searched, and two flannel waistcoats which belonged to my eldest son were found under the mattrass, and between the laths of the bedstead, where they ought not to have been—my family consists of Mr. Wright, a daughter, and two sons, the prisoner, and a man-servant—these rings are worth about 2l.
Cross-examined by MR. DOANE. Q. Have yon any doubt about these rings? A. No, but when I found them, I was so agitated I hardly knew what to think, and I ran to my room to see if my rings had been removed—I had had a few words with the prisoner—I told her I expected her to do her work in a proper manner, and she answered me very improperly—I never accused her of having lived at a house of ill-fame—I took her from a respectable house, and had a respectable character with her—when I found these things, I sent for my brother, Mr. Dixon, and left these things where I found them, till I had a witness—the prisoner had a box in the chaise-house, but to the best of my knowledge it was empty—I did not propose having her box searched—she proposed it's being looked into, but she said there was nothing in it but a white satin bonnet—afterwards she gave me three keys, with a great deal of difficulty, she proposed that a policeman should be sent for—I wished to try if either of them would open my wardrobe—I did not agree that a policeman should be sent for, and I believe I told my footman if a policeman came to send him away, as I would not have any bustle in my house till my husband came home—my brother was gone at that time, as he had an engagement—I believe a policeman did come, as I heard a ring at the bell while I was at dinner—the prisoner was not taken till my husband came home, which was about six o'clock—my brother had been there, and seen the things, between two and three o'clock—I had found them about half an hour before—I had not been at church on the Sunday, but I was out on the Sunday, and left my daughter and the prisoner at home—the prisoner had been out every Sunday evening while she was with me—I never scolded her for praying seven hours a-day—I have told her it was very ridiculous of her to use the expressions she did while at work, saying the Almighty was with her in
the night, and so on—I told her it was all ridiculous nonsense, and to do her work quietly—I put my rings away on the Friday night in a little box on my dressing-table, and saw my daughter lock them up on the Saturday morning, in the prisoner's presence—I had several days told the prisoner it was very strange my scissors were gone—I do not know that her box in the coach-house was ever opened—it was locked—the drawer in which I found my rings was open—one of the three keys I got from her opened a drawer in my wardrobe.
GERTRUDE WRIGHT . I am the prosecutrix's daughter, I shall be thirteen years old next month. On Sunday, the 20th of January, my father and mother went out in a phaeton, and my two brothers went with them—I, the prisoner, and the footman were left at home—while I was at home I heard a drawer open up stairs—I was at that time in the kitchen, and, saw the footman was in the chaise-house, and I knew the prisoner was up stairs—when I heard the noise, I went up and looked in my mamma's bed-room first, and then I went to mine and my brother's—I called the prisoner three times, as loud as I could—she could not have been in any part of the house without hearing me—I know these two rings perfectly well—I saw them on the Friday night and on the Saturday—I put them away in a drawer in the wardrobe—they were in this little box, and this was in another box, and then in the drawer—I locked the drawer myself.
Cross-examined. Q. What did you do with the key? A. I took it down, and put it in the key-basket, which is kept in the store-room, on the same floor with the parlour—the store-room is kept locked—I had to unlock it—I locked it again, and took the key up to my mamma—I know the prisoner was not down stairs on the Sunday, when I heard the noise, because I was down stairs myself, and I should have seen her if she had—I just looked in my mamma's bed-room, I did not search it.
MR. ESPINASSE. Q. When you called, if the prisoner had been down stairs she must have heard you? A. Yes—I looked under the beds in my room and my brother's, and just looked into my mamma's—I then heard a bustling noise, and ran down stairs.
FREDERICK SEEKAMP DIXON . I am a solicitor, and brother to Mrs. Wright—on the 22nd of January I went to her house, and in presence of the prisoner a drawer was shown to me, where I saw a pair of stockings and these scissors, and these rings—I said to the prisoner that I was sorry she had acted in that dishonest way to my sister—she said she had not put them there, and that they must have been placed there, to injure her character or her credit—I recommended my sister to cease searching till her husband came home, and in the meantime to fasten the bed-room, and let no one have access to it.
DAVID DAVIES . I am servant to Mr. Wright. I recollect in January hearing of the loss of a pair of scissors—my mistress asked the prisoner if she knew any thing of them a week or nine days before they were found—the prisoner said she did not—when they were found the prisoner then said that she had not put them there—I was in the vault cleaning the plate—my mistress called me, and said, "David, I am robbed of valuable articles, to me, a couple of rings of my poor mother's"—I said, "Perhaps, "Ma'am, you have mislaid them"—she said, "No, I have found them before I knew I had lost them; what am I to do?"—I said, "I don't
know"—the prisoner was there, and she said she had not put them there, and said she supposed her mistress had been at her drawer.
Cross-examined. Q. I believe you refused a policeman coming in? A. Yes, I believe the prisoner had sent for him.
MR. ESPINASSE. Q. Do you recollect your master, mistress, and their two sons going out on the Sunday? A. Yes—and while they were out I was in the coach-house.
THOMAS JAMES WRIGHT . I was from home on the 22nd of January, from nine o'clock in the morning till six o'clock in the evening—when I came home, I went with my wife and the man-servant and searched the prisoner's room—I found two flannel waistcoats under the mattrass.
ROBERT WOOLGER (police-constable V 54.) I was sent for and took the prisoner. I received a key from her which I tried to the drawer in Mrs. Wright's bed-room, and it opened it—the prisoner said she was innocent, and was willing to go to the station-house—these are the articles.
(The prisoner received a good character.)
GUILTY . Aged 30.—Recommended to mercy.— Confined Three Months.
WILLIAM PEARCE (police-constable B 131.) I was on duty in Strutton-ground, Westminster, on the 31st of January, about six o'clock in the evening, near Artillery-place—I saw the prisoner and another boy carrying two wheels—I followed, and overtook them—they both dropped the wheels; and made off—the prisoner turned down Perkin's-rents into a house in Pump-court, and shut the door against me, but I was close to him—I pushed it, got in, and took him—these are the wheels.
JOSEPH HERBERT . I live with Edmund Storr Halswell, Esq., of Gower-lodge, Brompton—these are his wheels—they belong to a three-wheeled garden chair—I missed them on the 1st of February—they were found about three miles from my master's.
GUILTY .* Aged 18.— Confined Three Months.
SUSAN BONIC . I am the wife of Alexander Bonic, a labourer, in Robert-street, Mill-wall, Poplar. On the 17th of January I saw the prisoner take a gown off the line in Mr. Hardy's premises, and throw down the pegs—he took the gown under his arm and ran away—I rang the bell as soon as I could get to the door—there were two other boys with the prisoner, but I only saw the back of those boys.
ANN HARDY . I am the wife of George Hardy, ht is a miller, and lives in Robert-street. I missed three gowns from the line in my yard—one was mine, and the other two belonged to my daughter, Ann Frances Bulmer—this is one of them.
JOHN NICHOLAS (police-sergeant K 1.) On the 17th of January I heard an alarm of "Stop thief"—I saw the prisoner running in Mill-wall with something under his jacket—I followed, and he dropped this gown, which
I took up—he was stopped in my presence, and said he had picked up the gown.
Prisoner. I saw a boy drop it, and I picked it up.
GUILTY . Aged 18.— Confined Three Months.
JANE BABNETT . I am the wife of John Barnett, of Marylebone—he keeps a clothes-shop—the prisoner lived servant with me for five months. On the 1st of December, I was sent for home, and my husband made a communication to me about a box, but the prisoner owned that and was forgiven—I afterwards went to a drawer where I kept my money, and missed 2l. 1s.—I went to the prisoner at her mother's, and told her she had had a false key, and gone over the drawers—she did not say any thing, but stooped down and gave me the key and said, "Here, mistress, here is your key"—I told her what I had missed—she did not deny it, but she said she did not take so much, she only took a sovereign and a shilling.
(The prisoner received a good character, and her father engaged to take her home and keep her.)
GUILTY . Aged 14.—Recommended to mercy by the Jury and the Prosecutrix.— Confined Fourteen Days.
JOHN GROOM . I am a labourer, and live at Hampton. About a month ago I went with the prisoner to Rose Villa to steal some lead—the prisoner said he knew a good place to sell it at, Mr. Reed's—he borrowed a barrow of my aunt, Mrs. Groom—we went and got the lead from the green-house in Rose Villa, put it into a sack, and wheeled it en the barrow—we took it to Reed's and knocked at the door—young Reed came out and told Casey to bring it in—he took it in, and he came out with 10s. 6d.—he gave me 5s.
NOT GUILTY .
RICHARD RHODES . I know Rose Villa, in Hampton parish—a leaden pump was taken from there either late on the night of the 8th, or early on the morning of the 9th of December—it was fixed in the ground, and was safe at a quarter past four o'clock on the 8th, because I passed it, and perfectly recollect touching the handle—I missed it the next morning—it was the property of Mr. Thomas Newland Allen.
bring the leaden pump to the door—he knocked, and I went to the door—it was seven or a quarter past seven o'clock—it was dark—he brought the pump in a sack—he said he had got a bit more—I saw it taken out of the sack, and saw it was a pump—I called Mrs. Reed—she said, "Have nothing to do with it"—he wanted to leave it on the premises, but she said no, she might just as well buy it—he took it away.
JOHN GROOM . I was coming from Kingston one night, and saw Snell's cart—the prisoner took a sack out of the cart with a pump in it, and took it to Reed's—he came out again and said, "Snell, it is no go"—I asked the prisoner what he came down for, and he said he had brought that pomp down from Rose Villa that he had asked me to go and get—I asked him who took it—he said he and Tom Knight.
Prisoner. Groom is saying all this against me that he may get off himself—he asked me to go and do several depredations, which I would not.
GUILTY . Aged 25.— Transported for Seven Years.
GIOVANNI ANTONIO ALBINI . I keep a shop in St. John-street I lost a barometer on the 8th of January—this is it—(looking at it)—it is worth 13s.—my window had been cracked in two or three pieces for a day or two, and they had pulled the pieces of glass out
JOHN COOKE (police-constable G 189.) I was in St. John-street a little before eight o'clock, on the night of the 8th of January—I saw the prisoner with this barometer in his hand—I laid hold of him, and asked him where he got it—he said a boy gave it him to hold—he was then about one hundred yards from the prosecutor's premises.
CHARLES PENHALLON . On the evening of the 8th of January, I was shutting up my employer's counting-house in St. John-street—I saw the prisoner and another lurking about—they ran across the road near to the prosecutor's shop, but I could not see what they did.
Prisoner. A boy gave me two-pence to carry it.
GEORGE JAMES BARNARD (police-constable G 110.) I know the prisoner—I was present at his trial in this court about three years ago—I produce the certificate of his conviction from Mr. Clark's office—(read)—the prisoner is the person here mentioned.
GUILTY . Aged 12.— Transported for Seven Years—To the Isle of wight.
636. THOMAS BELL was indicted for stealing, on the 3rd of february, 1 pair of boots, value 15s., the goods of Robert Waderton Stephenson; and 1 jacket, value 4s., and 1 waistcoat, value 2s. the goods of Matthew Richardson, in a vessel on the navigable river Thames.
ROBERT WADERTON STEPHENSON . I belong to the brig Medway, which was lying on the 3rd of February at Bell wharf, in the Thames—I had a pair of sea boots in the forecastle—I went on shore, and on my return to the vessel I missed them.
MATTHEW RICHARDSON . I belong to the Medway. The prisoner came on board in the afternoon of the 3rd of February—I was on board, and had a boy with me—the prisoner asked me to have some beer, and he gave me sixpence to go and fetch it—I went on shore, leaving him on board—when
I came back he was still on board—he then went on deck, leaving me and the other boy in the forecastle—I never saw the prisoner after—I looked into my chest and missed a jacket and waistcoat—these are them.
Prisoner. The other boy sold me the jacket and waistcoat for a shilling, while this boy was on the deck.
WILLIAM LEE (police-constable K 268.) I apprehended the prisoner in New Gravel-lane, on the 4th of February—he had the jacket and waistcoat. on—he said they had been given him by the captain of the ship, called the Old Maid, which he was going to sail with—I asked if he had a pair of boots the night before—he said, "No"—I said, "You must go to the station-house"—on the way I said, "Are you sure you had no boots?"—he then said he had a pair given him to carry to a place in Love-lane, by Thomas Crosby, who belonged to the Old Maid.
MARK HARRINGTON . I keep a fruit-shop in Bell-wharf. The prisoner came to my shop and asked me to give him the liberty to take off his clothes, and change his dress—he took off his jacket, and put on another—he tied up this pair of boots in his own canvas jacket, and asked me to let him leave them there, which he did.
(Property produced and sworn to.)
Prisoner. There was another boy on board their ship, who asked me to take the boots, and leave them at the shop for the night—he sold me the jacket and waistcoat.
GUILTY . Aged 14.— Confined Two Years.
637. GEORGE DENNIS BAXTER was indicted for stealing, on the 1st of January, 386 printed books, value 3l. 2s.; 20 packs of cards, value 6s.; 9 copy-books, value 2s.; 36 drawing-books, value 9s.; 84 pencils, value 7s.; 11 quires of paper, value 9s.; 85 pictures, value 1l. 2s.; 1 box of paints, value 1s.; and 36 hair-pencils, value 1s.; the goods of David Nunez Carvalho, his master.
DAVID NUNEZ CARVALHO . I live in Fleet-street, the prisoner was my errand-boy. I am a bookseller and stationer—in consequence of information I went to a house in Coleman-street, and then to a room in Duke's-court, Drury-lane—I there found some hundreds of printed books, and the other articles mentioned in this indictment—on one of them here is my own writing, and on some others is my private mark.
Prisoner. There are about four books which are not Mr. Carvalho's, and he has charged more for them than they are worth. Witness. I do not know what he refers to; the only one I have any doubt about is this one of Uncle Oliver's Travels.
GUILTY . Aged 16.— Transported for Seven Years—To the Isle of Wight.
Fifth Jury, before Mr. Sergeant Arabin.
638. MARY ANN WATERS was indicted for stealing, on the 8th of January, 51 cigars, value 5s., the goods of John Farringdon Peters. her master; and WILLIAM JAMES BROADWATER , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
MR. RYLAND conducted the Prosecution.
CORNELIUS MURPHY (police-sergeant E 21.) The prosecutor's house is in Marchmont-street, he is a tobacconist—his house is in the adjoining beat to mine—at two o'clock in the morning, on the 8th day of January, I was there, and saw the prisoner Broadwater standing on the foot-pavement, opposite the prosecutor's shop—I was about ten yards from him, on the other side—I kept my eye on him, and saw him walk to the area, put his hand down the grating, and receive a white parcel, which he put into his pocket—he stooped again, and received a second parcel, and put that into his pocket—I could not see who handed them to him—I then went up, and saw the female prisoner down the area, talking to him—I heard her wish him good night—there was no one else in the area—there was a gas-light very nearly opposite the shop—I spoke to Broadwater, and asked what he had received out of the area—he said, "Only a few cigars"—he put his hand into his pocket, and gave me a paper, containing twenty-seven cigars—I then told him he was my prisoner—the female prisoner, begged me not to take him to the station-house—I asked how she came to be up so late—she said she had not been in bed—my brother officer came up, and I told him to stop at Mr. Peters' while I took the prisoner Broadwater to the station-house—on the way he said he would give me all the money he had about him if I would let him go—I told him I could not—I then took him, to the station-house, and there be took out the second paper from his pocket, which also contained twenty-four cigars, and I found on him three cigars, and 6s. 101/2d., which I gave him back—I went back, knocked up Mr. Peters, and told him what had happened—I then took the female prisoner in the kitchen—that was about a quarter of an hour after I first saw her—she was still up, but she then had a white night-gown on—when I first saw her, she was quite dressed—Mr. Peters asked what was, her meaning for robbing him—she said, "Master, I know I have done what is wrong, let him go, and transport me"—I was examined twice on this subject, and there was one or two words I did not state the first time—in one of these parcels is a printed paper of Mr. Peter's name—when Broadwater was at the station-house, he said he was going to Bristol the next morning.
Cross-examined by MR. CHAMBERS. Q. You did not recollect, at the first examination, what Broadwater said about the money? A. I believe, I did not mention it—at the first examination Broadwater was, discharged, and allowed to go away—he was afterwards taken at Bristol.
Cross-examined by MR. GASELEE. Q. You did not see any body give the cigars? A. No—I do not know whether the female prisoner was alarmed—I did not speak roughly to her, I spoke mildly to her—I asked how came she to give her master's property away, and she made no answer.
JOHN FARRINGDON PETERS . I live in Marchmont-street. The female prisoner was in my service for about three weeks—I had a reference before I took her, to the prisoner Broadwater—I saw him on the subject of her character at Mr. Best's, in Bryanston-square—he gave me a particularly good character of her, and said she was very honest and glean—he said he and his mother had a two years' character with her—his mother had trusted her to market for them, and they had never found her incorrect—he said his mother lived at Vauxhall—in consequence of the character he gave me I took her, and she used to serve sometimes in the shop—on the night she was taken, I should think she went to bed about half-past, twelve
o'clock—that was her usual hour—I always intended to be up last myself, and I thought I had done so that night—I put up the shop shutters at twelve o'clock—I saw, through the window of the kitchen, that the light appeared to be out, and thought she had gone to bed—she slept in the front kitchen—I sleep on the first floor—I was awoke at half-past two o'clock by a ringing at the bell—I went down and found the policeman—I went to the kitchen-door at the top of the stairs, and desired the prisoner to dress herself—I heard her sobbing, but she did not answer—as soon as I thought she had had time to dress I went down, and I said to her, "Mary, what have you been doing?" she clasped her hands together, fell on her knees, and said, "Forgive James, but transport me"—I understood she meant the male prisoner—I told her I could not, and I gave her in charge—I went to the station-house, and there saw Broadwater—he begged me not to press the charge against him, for the sake of his mother—here are six or seven different sorts of cigars in these papers, which resemble those in my stock—I have cigars of all these qualities—this paper has my name and address in full on it—I believe these are a part of my stock—they are worth about 5s.
Cross-examined by MR. CHAMBERS. Q. These are of different sorts? A. Yes, and here is one which you would not match in one shop in fifty—they come over in large quantities.
Cross-examined by MR. GASELEE. Q. You had reason to be satisfied with the female before? A. I had some suspicion of her, and she was going to leave me—I have not refused to give up her things—I made application to the office to know who I was to give them to, and they have had part of them—I do not know whether she gave my wife notice, but she told me she had asked her if she was going, and she said she was.
MART SHARP . I live in Johanna-street, Westminster-road. I saw the two prisoners there about two months before they were at Hatton-garden—they came to the house with the landlord Mr. Tite, to look at a room that was to let unfurnished—the prisoners took the room, and brought some furniture the next evening—they lived there as man and wife in the name of Mr. and Mrs. Brown—they lived there about two months—I think the man left the week after Christmas, and the woman a week before Christmas.
JANE CHARLTON SNOW . I am the wife of William Snow, and live in Vauxhall-road. The two prisoners lived facing me at a chemist's and druggist's shop—the name of Broadwater was over the door—the prisoner Broadwater appeared to be master of the shop, and I judged the female prisoner to be a servant, but one Sunday I saw them and another person running about the room together, and the female prisoner stood at the window with no cap on—she appeared to be intoxicated, and behaved rather familiarly.
Cross-examined by MR. CHAMBERS. Q. This was a very small shop, was it not? A. Yes—it was his mother's—it was his brother I saw romping about with them.
SAMSON DARKIN CAMPBELL . I am Inspector of the E division of Police. I apprehended Broadwater on the 15th of January, at Clifton, near Bristol—I told him the nature of the charge—he disclaimed all intention of acting dishonestly—he said he had received some cigars from Waters, but he had no idea they were stolen at the time—he said when he received the first parcel, he was hardly conscious of what it contained, but
when be received the second, he felt they were cigars, and he was hesitating whether to return them or not, when the officer took him.
(Waters received a good character.)
WATERS— GUILTY . Aged 19.—Recommended to mercy by the Jury and Prosecutor.— Confined Three Months.
BROADWATER— NOT GUILTY .
JOHN THOMAS WILKINS . I am an oil and colour-man, and live at Kensington—the prisoner was in my service as an errand-boy. On Thursday night, the 22nd of January, I took all the silver out of the till which had been taken in the course of that day, and marked four half-crowns, and ten shillings—I put them back into the till, locked it up, and put the key in my pocket—on the following morning I looked, and four shillings were, gone—I got a policeman, and called the prisoner and the female servant into the room—they both denied it—I told the officer to search the prisoner first—the prisoner then put his hand into his pocket, and pulled out the four shillings—these are them.
Cross-examined by MR. DOANS. Q. I believe it was not your wish that he should have been sent to Newgate? A. No—I wished him to have been summarily punished—I would take him into my service again.
GUILTY . Aged 16.—Recommended to mercy.— Confined Five Days.
640. JOHN MOLLE was indicted for stealing, on the 18th of January, 1 coat, value 10s.; 1 waistcoat, value 7s.; 1 shirt, value 5s.; 1 handkerchief, value 1s.; and 1 pair of gloves, value 1s.; the goods of Frederick Kemp: 1 coat, value 30s.; 1 pair of gloves, value 1s.; and 1 card-case, value 1s.; the goods of Stephen Burridge.—2nd COUNT, stating them to be the goods of Thomas Edwards.
FREDERICK KEMP . I live near Preston, in Lancashire. I was residing for two or three days at the Golden Cross. On the 18th of January I lost the property stated from my own private bed-room, No. 16, some was on a chair, and some hung up behind the door—I saw it safe about a quarter, before six o'clock that evening—I went out, returned about eleven o'clock, and the landlord told me something—I saw my property at the office the next morning—this is it—(looking at it.)
SARAH JONES . I am chamber-maid at the Golden Cross. Mr. Kemp was lodging at No. 16—I saw these clothes there—I knew nothing of the prisoner till I saw him run up stairs on the evening of the 18th, about a quarter to seven o'clock—I asked him if he would accept of a candle—he made me no reply—I could not recognize him as stopping at the house; but as he was going up, I thought he was going to sleep there—he was up stairs a quarter of an hour or twenty minutes—I called the waiter to take my seat, and I then went up and searched two or three rooms, but could not find him—I was then coming down, and met him coining from the second story, where No. 16 is—I said, "Where have you come from?"—he made no answer, but looked at me—I said, "You have not got the clothes on that you had when you went up"—he made no reply, but looked at me again—he had a cigar in his mouth—I called the waiter, and we asked the prisoner where he came from—he said, "From No. 27."—I said I knew that was not right—he then said No. 37—we knew there was a lady and gentleman there—the waiter then said, "Show me where
you came from," and he took us to No. 16—he then took off his Mackintosh and this coat, and said, "Let me go"—the waiter said, "No, I will call my master"—all this property was found on him—he had not left any of his own clothes there, but put these things on over them.
The prisoner, in a long address, stated that he was a native of Hambro'—he had been, enticed into a gambling-house where he had lost his all, and that on the day stated he followed two men who were speaking his language into the hotel, and seeing the door open he took the property, intending to restore it.
GUILTY . Aged 21.— Transported for Seven Years.
JAMES WALTERS . I live with Mr. James Yeomans, a stable-keeper, in Lamb's Conduit-street. The prisoner used to be about the yard to do odd work for the men—on the 30th of January, I saw him take this collar out of the stable, and hide it in the horse dung, about half-past four o'clock—I kept watch, and at half-past eight o'clock I saw him take it away—I stopped him with it, about thirty yards from the premises—he asked me tb let him go—this is the property—(looking at it.)
Prisoner. I found it in the dung—I did not put it there.
GUILTY . Aged 55.— Confined Six Weeks.
THOMAS JENNINGS . I keep the Windsor Castle, in King-street, Hammersmith. The prisoner was horse-keeper to a widow, who runs omnibusses out of my yard—he had no access to my hay—he must pick a lock to get at it—a truss of hay was taken from my loft on the 21st of January, the lock of which had been picked and locked again—in consequence of information I got a policeman who took him, and in going along he confessed he had taken a truss of hay and sold it to Smith next door but one to me, for 2s.—we went and found it in Smith's stable, where the prisoner said if was—it was my hay, and I had missed it.
JESSE PICKTON . I am journeyman to Mr. Dobson, a baker, at Hammersmith. I saw the prisoner bring the truss of hay out of the prosecutor's, and take it to Smith's and leave it there, about six o'clock in the evening on the 21st of January.
HENRY BEAVEN (police-sergeant T 3.) I took the prisoner—I went to Mr. Smith's and found the hay, which the prosecutor claimed—the prisoner said he sold it there for 2s.—it was a truss of good meadow hay.
Prisoner's Defence. He never asked me a word about it, but took me to the farrier's shop and said, "You know all about it, come along with me."
prisoner's former conviction at Clerkenwell—(read)—I was at the the prisoner is the man.
GUILTY . Aged.— Transported for Seven Years.
HENRY TOMLINSON COOMBE . I saw the prisoner near the shop of Mr. Henry Hall, an ironmonger, in Lamb's Conduit-street, on the 7th of January, about half-past seven in the evening—I watched him—he pulled open a glass at the door, and took something out—I ran over and took hold of him—he put down this cork-screw and said, "There it is."
Prisoner. I never took it.
GUILTY . Aged 17.—Recommended to mecy.— Confined Five Days.
OLD COURT.—Saturday, February 9th, 1839.
Fourth Jury, before Mr. Sergeant Arabin.
MR. CLARKSON conducted the Prosecution.
FRANCIS SHERBORN . I have a farm at Bedfont, of about 200 acres. I purchased 311 lambs at the last July fair at Holresford, and kept then in a field of turnips at Bedfont, which is about two miles from the prisoner's house—he lives at Feltham—they were marked "S" in a round ring on the back—this is the brand with which they were marked (producing it) they were marked so before I purchased them, and being the initial of my name I did not alter it—they were fine Down lambs—my shepherd, Stephen Alexander, had the care of them—in consequence of what I had heard, on Sunday evening, the 6th of January, I went the fall owing day to the field, and missed one—Thorpe, the constable, afterwards showed me a skin—I am quite positive it was the skin of one of my lambs—the head was produced before the magistrate—part of the skin was left on it, and dart part was wanting in the skin itself—some meat was found at the prisoner's house—I saw it compared with the skin, and have no doubt they formed part of the same lamb—the prisoner is a labourer in the neighbourhood.
ROBERT THOMAS THORPE . I am a constable of Feltham. On Sunday, the 6th of January, in the forenoon, I was walking with my brother through a field belonging to Mrs. Smith of Feltham, which is about a mile and a half from Mr. Sherborn's field, where the lambs were—I found the skin of a lamb in a hollow tree in that field—it appeared quite fresh off the carcase—I went directly to the prisoner's cottage, which is about sixty or seventy yards from that tree, and there found the whole of the lamb, except the two legs, and part of the loin—the fore-port of the carcase was on the bed, and a knife by it, stained with blood—the prisoner was at home—I asked him where be got the mutton—he told me when he went outside the day before it was in a sack against the door, and he took it in—I found a small tub on the premises, containing blood, and there were marks of blood in the yard, which had been swept away with the broom—I
found a shoulder of mutton boiling in the pot, and a lamb's head, with the lights, in another pot—the same head was afterwards shown to Mr. Sherborn—part of the skin still remained on it, and the same part of the skin was wanting on the skin found in the hollow tree—I saw them compared, and they tallied exactly—as we were coming out of the prisoner's cottage, his wife said to him, "I told you you would get nicked for bringing these things home."
JOHN ENGLISH . I am a butcher. I compared some pieces of mutton shown to me with the skin found in the hollow of the tree—in my judgment they belonged to each other—the lamb appeared to have been killed in a rough way, not as a butcher would have done it.
STEPHEN ALEXANDER . I am shepherd to Mr. Sherborn, and have the care of his lambs—I had counted them a fortnight before the Sunday in question, and found there were 311—on the Sunday, when my master name down, there were only 310—they were enclosed with hurdles all safe in the turnip field, on the Saturday evening.
Prisoner. My wife and family were really starving to death, and had not a mouthful to eat—I had nothing in the world to get a bit of bread, and no friends—I hope you will be merciful to me—it is the first time I was ever before a Magistrate in my life.
GUILTY . † Aged 30.— Transported for Fifteen Years.
ISAAC GREGORY . I am a bookseller, and live in Chapel-street, Tottenham-court-road. On Friday evening, the 4th of January, about half-past eight o'clock, the prisoner came to my shop to purchase "Lady Russell's Letters," which I had not got—he selected thirteen other books, and ordered me to send them to Mrs. Wilson's, No. 2, Allford-place—I went there, but found no such person—I inquired at several places—when I returned home I missed these two books—(looking at them)—I saw them in the prisoner's hands when he was at my shop—they both have my private mark on them.
Prisoner. You were not in the shop when I came in? Witness. I was not, but I came in the minute after—I saw the books safe five minutes before you came in.
JOSEPH DISPROVE . I am a bookseller. On the 4th of January the prisoner came to me, late in the evening, and asked me if I exchanged books—I said I did—he looked all over mine, but found none that suited him, and I purchased these two of him for 2s.—I asked him his address—he said, "I live over the way, at the Nag's Head"—I rather suspected, and sent a person to ascertain whether he did live there—I found he did not—I inquired next day if any books were lost, and found they belonged to Mr. Gregory.
Prisoner. He left word for me at the Nag's Head, and I went back to him next day, which I should not have done, if I had known them to be stolen. Witness. I ascertained that he was in the habit of using the tap-room at the Nag's Head, and I left word with the ostler, if he came there again, that I wanted to see him, about buying some books which we had spoken of—he came back next day, in consequence, and I had a policeman in waiting to take him.
WILLIAM CHADWICK . I am a policeman. I took the prisoner into custody at Disprove's stall, under the Piazza—I told him what it was for—he said, "If they were stolen it is more than I knew of; I bought them at a shop in Tottenham-court-road"—I asked not tell me.
GUILTY . Aged 20.— Transported for Fourteen Years.
Before Mr. Justice Faughan.
646. WILLIAM THORNE was indicted for stealing, on the 1st of January, out of a certain post-letter, 6 £5 Bank-notes, the property of Thomas William Earl of Lichfield, her Majesty's Postmaster-general—2nd COUNT, for stealing the letter containing the said notes, he being a person employed in the post-office.—Two other COUNTS, for embezzling and stealing—Two other COUNTS, varying the manner of laying the charge: and HANNAH THORNE , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
MESSRS. SHEPHERD and ADOLPHUS conducted the Prosecution.
BENJAMIN AISLABIE . I am a wine-merchant, and live in the Minories. On the 1st of January I received at Martin and Stones', my bankers, six £5 notes for my draft, and when I got home, I took a memorandum, on paper, of the numbers and dates of the notes—I have not got that here—I reside near the Regent's-park, and keep my private books there—this being a private transaction of my own, the paper was thrown away—I took from that paper a correct copy into this book—(reads) "C Z 49338 to 43, inclusive, dated 1st of May, 1838, six notes of £6 each, 30l."—I wrote a letter on half a sheet of paper, enclosed the notes, put it into an envelope, sealed it with a wafer and seal, and directed it, "Mrs. John Schneider, Chigwell, paid"—I delivered the letter to Hall, our clerk, to-take-to the post-office, and to pay threepence—this was between a quarter and twenty minutes after two o'clock—on the 3rd of January I received a letter from Mrs. John Schneider—in consequence of which I applied at the post-office about it, on Saturday morning, the 5th of January—these are two of the notes I sent, Nos. 49342 and 49343 C Z, and these four are the rest —(looking at them.)
HENRY THOMAS HALL . I am clerk to Aislabie and Co. On the 1st of January Mr. Aislabie gave me a letter, about a quarter or twenty minutes past two o'clock—I took it to the receiving-house, at the corner of Mitre-street, Aldgate, kept by Mr. Whiteside—I gave it to the male prisoner, who was standing by a desk in the shop—I have not the least doubt of him—I have seen him before, and cannot be mistaken—I paid three pence to him with it—the letter was then in the same state as I had received it from my master—I went to Mr. Whiteside again, on die 5th of January, with a person named Jeffries—the prisoner was in the shop—Mr. Jeffries showed him a copy of the direction of the letter, and asked if he remembered receiving the letter—he said, "Yes," the direction was, "Mrs. John Schneider, Chigwell," and "paid" in the left-hand corner.
ROBERT SMITH . I am Superintending President of the twopenny post-office. A letter put into the receiving-house at half-past two o'clock, would be forwarded to Chigwell by the mail the same night, and should be
delivered about half-past eight o'clock next morning at Chigwell—if it was put into any receiving-house in London, before four o'clock, that would be the case, it would be forwarded from the receiving-house to the post-office, and from there sent by the mail.
MRS. SCHNEIDER. I never received the letter in question containing the notes, from Mr. Aislabie, on the 2nd of January, nor at any time.
CHARLES CORNISH . I am a baker, and live almost opposite Mr. Whiteside, in Fenchurch-street. The male prisoner came to me on the 1st of January, after two o'clock, for change for a £5 note, saying, there was a customer waiting at his master's shop—I gave him 3l. In gold, and 2l. In silver—this is the note, No. 49343—I have written on it, "Whiteside, January 1, 1839," as I knew he belonged there.
JOHN HUSKISSON . I am a baker, and live in High-street, Whitechapel. The male prisoner brought me this note, (No. 49342) about nine or ten o'clock at night—I cannot say whether it was on the 1st of January, or afterwards—he asked for change for a £5 note for his master—whether he bought any bread at the time, I cannot say—I knew him before, and knew who his master was—I have written on it, "Whiteside," but no date—I think I gave him 4l. In gold, and 1l. In silver—I should not have given him change if I had not known him.
ROBERT BUTLER WHITESIDE . I am a tailor, and keep the post-office at the corner of Mitre-street. The prisoner was in my service as errand-boy in the house, on the 1st of January—he had lived with me since May—he left, I think, on the 16th of January—he had no employment in my service, except as errand-boy—if a letter was brought to our office, about twenty minutes after two o'clock, addressed to Chigwell, it ought to have left our house at four o'clock—I never sent the prisoner to Mr. Cornish with a £5 note to be changed, nor to Mr. Huskisson—I never sent him for change any where at any time—the female prisoner is his mother—the boy did occasionally take letters in, and has been cautioned for busying himself so much—it is against the regulations of the post-office to employ a boy—I have no recollection of ever having seen this letter.
NICHOLAS PEARCE . I am an Inspector of police. In consequence of instructions I received, I went to No. 17, Redman's-row, Stepney, and saw the female prisoner—I asked her what family she had—she said the had one son, and that he had been in the service of Mr. Whiteside, of Aldgate—I asked if he lived with her—she said no—I asked where he lived—she said somewhere in Whitechapel—I asked if he was employed—she said, "Yes, at the shop of Mr. Wainwright, a brush-maker," but she did not know the street—I said I should like to see the boy—she said she would go and fetch him—I told her I would walk with her, and did go to the house in Thomas-street—I there saw the prisoner William—I told him I wanted to speak to him, and took him to Mr. Smith's, in Whitechapel-road—I asked him if he knew me—he said, "I have seen you at the post-office"—I told him I was a police officer, and to be very cautious what he said to me—I then put the Bank-note, No. 49343, into his hand, and asked if he knew Mr. Cornish's shop, in Fenchurch-street—he said yes—I asked him if he recollected changing that note at Mr. Cornish's shop—he said no—I then asked him if he had ever changed a note at Mr. Cornish's—he said no—I searched him, and found a knife on him, nothing else—I asked where he lived—he said in Essex-street, Whitechapel—I have since found he has a lodging there—I left him in charge of a person,
and followed the mother—I overtook her, and told her I was a policeofficer, and to be very cautious what she said—I asked her if she had any money belonging to her son in her possession—she said no—I again cautioned her, and then she said, "Yes, I have nine sovereigns and a half"—I took her to the station-house, where she was searched, and a half-crown, two shillings, and some coppers found in her pocket—I asked her if she had any Bank-notes belonging to her son—she said no—I asked if she had seen any in his possession—she said she had not—I asked her how long she had had the money in her possession which she spoke of—she said about a fortnight—I then went with her to her lodging again, and asked her if her son had any boxes—she pointed out one on the floor, in the centre of the room, and said, "That is one; I will give you the money"—she opened the box, and took from the bottom of it a tin box, which contained five sovereigns and nine half-sovereigns—she then pointed to the mantel-piece, and said, "There is a box he keeps his farthings in,"—she was about taking it into her hand—I told her to leave it alone, and took it—this is the box—(producing it)—I cut it open, as there was no opening to it—there is a slit in it to receive money, but a piece of paper was pasted over the slit—I found in it four £5 Bank-notes and three farthings—she saw me take the notes out, but made no remark whatever—I took her to the General Post-office, and went with the boy and Tyrrell to Mr. Cornish's shop—Tyrrell asked him there if he had changed a note there, and he said yes.
JURY. Q. Did the female prisoner express any surprise when she saw the notes? A. No.
HENRY WILLIAM MOORE . I am assistant to Mr. Whiteside, and was to on the 1st of January. I never sent the male prisoner to Mr. Cornish, Mr. Huskisson, or any where to change a £5 note at any time—he slept in Mr. Whiteside's house—I have seen this small box in his possession at Mr. Whiteside's—I have seen it in the shop and in his bed-room—there was no paper pasted over the slit then.
MORRIS VINE . I am clerk to the Magistrates at Bow-street. I took the examination of the prisoners—this paper is the statement made by the prisoner, William Thorne—I took down from his mouth what he said—I also took what Hannah Thorne said—(read)—"The prisoner, William Thorne, says I do not wish to say any thing"—"The prisoner, Hannah Thorne, says, I hope you will be as favourable with us as you can, for this is our first offence—I hope we shall never do the like any more, and I humbly beg pardon for what we have done"—the examination was about the notes and the money.
MR. AISLABIE re-examined. These are four of the notes I sent.
William Thorne. I hope you will be merciful—I will never do it any more.
MR. WHITESIDE re-examined. I discharged him on the 16th of January—he had had notice several weeks before that.
WILLIAM THORNE— GUILTY . Aged 14.
Strongly recommended to mercy in consequence of the temptation put in his way by his master.— Confined Two Years.
HANNAH THORNE— NOT GUILTY .
647. DAVID M'NIN was indicted for forgery at common law, of the name of Francisco de Lizardi and Co., upon a certain Mexican security for payment of money, a name necessary for making the said security available.—There were twelve other COUNTS varying the manner of laying the charge; to which he pleaded
GUILTY . Aged 45.— Judgment Respited.
JOHN EDWARD LADBURY . I am a surgeon, and live in Upper Fitzroy-street. On the 24th January, I was called in to examine the body of Eliza Donald, in a small street, near Cromer-street, St. Pancras—she was a fine healthy young woman, about twenty years of age—she had a bruise on the right eye, (a common black eye,) and a bruise on the right side of the body, above the hip, between the hip and the ribs, from the abdomen down to the edge of the hip—there was one bruise on the lower part of the abdomen, near the groin—that bruise must have been inflicted with violence—on examining the body internally, I found marks of extensive inflammation of the peritoneum covering the inside of the abdomen—that is a very dangerous inflammation—it appeared to be more severe in the parts corresponding with the external injuries—I concluded that the external injuries were the original cause of the inflammation which caused her death—I have no doubt of it—she was a very healthy subject—there was nothing but the inflammation to account for her death.
Cross-examined by MR. PRENDERGAST. Q. Did you examine the lungs? A. I did, but found no marks of inflammation about them—she was a tall strong woman—considerably taller than the prisoner, but I suppose not much stronger—she was not particularly muscular, but healthy and well formed—there was no gangrene about the inflammation—gangrene is not a common effect of peritoneal inflammation—the extensive inflammation was the immediate cause of death—there was a large deposit of lymph between the membranes of the peritoneum—that would produce death, by the effect it produced on the constitution—the severe inflammation produced, a deposit of lymph—we see that effect in very strong inflammation—it never ends in suppuration, or very rarely—I have seen a case of supposed death from peritoneal inflammation—I never saw a case of peritoneal inflammation where the marks of inflammation were so severe at this—it is a very common thing for a woman after child-birth to die of peritoneal inflammation—we do not usually find suppuration there—it does not generally produce mortification—if the internal membrane had been attacked with inflammation instead of the external, the effect would have been different—suppuration is more common in other parts of the body than in the peritoneum—I did not see her during her lifetime.
COURT. Q. Have you any doubt that the woman came to her death by peritoneal inflammation occasioned by external bruises? A. I have no doubt.
JAMES HOUGH . I am assistant-surgeon to Mr. Delisair. I saw the deceased before death, on the Saturday afternoon about three o'clock—she died the following day at one o'clock—I found her labouring under severe inflammation of the peritoneum—I did not examine her to see any external bruise, but she complained of severe pain on the right side—there was certainly severe inflammation on the side where she told me she had been
hurt—I saw her again about five or six o'clock in the evening—I said when I first saw her that I did not think she would live till the next day—her pulse was sinking—I found her worse in the evening—I saw her body examined after death by Mr. Ladbury, and agree with him in opinion—I found bruises where she complained of the severe pain—I have not a doubt she died from inflammation caused by the injuries she told me she had received.
Cross-examined. Q. You first saw her about a week after the injury? A. Yes—she had had no medical advice or treatment before that—she had not been out since the Tuesday—she was a girl of the town—I knew that from the house I found her in—if she had been drinking after the accident that would irritate and increase the inflammation, and make that mortal which might not otherwise have been so—if she had been very abstemious, and had proper treatment, she certainly might have been saved.
Q. Would not drinking immediately after the injury, instead of retiring to rest, aggravate it? A. If inflammation was going on at the time, drink would increase that, no doubt—a little bleeding might have put it all to rights, but that is according to the state of the inflammation—understanding that she was out on Monday and Tuesday, and not confined to her bed till Tuesday night, I consider that at first the inflammation was not very active.
COURT. Q. Can yon undertake to answer that peritoneal inflammation would not end mortally, provided it was taken care of in good time? A. No, I cannot.
JULIA TOMKIKS . I knew the deceased, Eliza Donald—she was about twenty years of age, and was an unfortunate girl. On Sunday, the 13th of January, I went with her to No. 11, Zion-terrace, which is a bad house, and is in the next terrace to where I live—I was standing at the next door, No. 12, and saw the prisoner go in—she had not been in there two minutes before I heard a scuffle, and saw her pushed out, and the door shut immediately—I did not see who pushed her out, whether it was a male or female—it was not with violence—I went and spoke to the deceased on her being pushed out—I saw the prisoner immediately after come out of the house—she is also an unfortunate girl—I saw her come behind Donald and strike her on the back of the neck with her fist, and they both fell—the deceased had not struck her or given her any provocation that I saw—I should have seen it if she had—the prisoner was very much intoxicated, more so than the deceased—they had both been drinking—a young girl came out of No. 8, and hit Martin to make her leave go of Donald's hair—I saw the prisoner kick Donald with her feet several times, but I cannot exactly say where it was—it was in the stomach—she was on the ground at the time—the prisoner had got up—I think the kicked her about three times, not more, and then the prisoner staggered very much against the railings—the deceased got up after the kicking, and walked into No. 9—she did not appear much hurt—I did not see the prisoner kick her any where else but in the lower part of her belly, not her hips—she fell against the wall when she fell—she did not return any of the kicks—I did not see any provocation given by Donald—I saw the prisoner holding her by her hair—I saw her eye was a little red when she got up, but I did not see any blow struck in the face at all—she fell with her face against the pavement, and on her side against the wall.
Cross-examined. Q. They were struggling together on the ground?
A. They struggled very little on the ground—the deceased could not strike, because her face was to the ground—this was about a quarter to one o'clock in the day-time—she went with her weight against the wall, and her head against the ground—she went by the name of Long Bet—she was a very strapping girl, taller than the prisoner—she did not appear to be stronger—she appeared in a very weak, feeble state before this.
LYDIA HOLLIS . I live at No. 11, Zion-terrace. I was in the house at a quarter to one o'clock, when Martin was there—Eliza Donald was passing the window, and Martin called her in—she went in, she had some writing paper in her hand—Martin asked her who it belonged to—she said it belonged to George—Martin made a snatch at it to tear it, but did not do so—the deceased said, "Don't tear it, for I have no money to pay for more"—Martin brought up something about a gown which she had lent her, and which she had brought home in a torn state before that, and Martin threw the bellows at her, but it did not strike her—she then flew out into the passage, and struck her, but I did not see the blow—I saw no more of it—I did not go out—they were struggling together in the passage—I saw no blow on either side—it did not last ten minutes altogether.
Cross-examined. Q. They were both very drunk? A. Martin was the worst of the two—they had both been drinking.
ELIZABETH ELLIS . I was at my own door, two doors from No. 11—I heard a scuffle in the passage of No. 11, and, in about two minutes, saw the deceased pushed out of the door, with violence—I did not see who by—she fell up against the wall facing the door—it is a very narrow place, a sort of alley—Martin followed her out, and, as she fell, kicked her behind—she kicked her twice behind, and once before, as she was getting up—I only saw three kicks—when she got up she walked two or three paces towards my door—Martin followed her, caught her by the hair of her head, and beat her violently on the back part of her head—I said, "Loosen her hair, and let her have her liberty"—a female came out of the next home, and loosened her hair from Martin—I did not see Donald strike or fight at all.
ELIZABETH CLEVELAND . Eliza Donald lodged with me—she came to my house about one o'clock on the Sunday, in a very disordered state, and looked very ill—she complained of having been badly used—she was afraid she should have a black eye—I advised her to put a cold iron to it—she went out the next evening, but was not out long—when she returned, she complained of being very ill with a pain in her side, but only trifling, but she said she thought her eyesight failed her—she had gone out between twelve and one o'clock on the Sunday morning, to fetch a sheet of paper—she was perfectly sober then, and had drank nothing but her breakfast—on Tuesday I sent a little girl to fetch two pills for her—on Wednesday she was worse, and I sent her to the house to get an order—she did not return till five o'clock, and then said she was so bad she could not go again—on the Friday she complained of violent pain in her side and body, but did not say she had been struck—she always pointed to the lower part of her body—on Friday I sent again for the doctor, but could not get an order; but on Saturday Mr. Hunt came, and bled her—he saw her black eye, and questioned her—he ordered her pills, and I gave her one every hour till twelve o'clock that day—she died next day—she suffered a good deal, and complained of pain in the lower part of her side—she did not go out of the
house after the Monday night—it was not her I sent to the parish doctor, but another girl.
GUILTY . Aged 18.— Confined Three Months.
649. HARRIETT HALLIHOME was indicted for feloniously breaking and entering the dwelling-house of Mary Pope, on the 29th of January, at St. Matthew, Bethnal-green, and stealing therein, 1 quilt, value 1s.; 1 blanket, value 1s.; 1 sheet, value 6d.;1 shift, value 1s.; 1 pair of stockings, value 6d.;2 caps, value 1s. 6d.; and 2 brushes, value 1s.; her goods.
MARY POPE . I live in Bennetts-court, George-street, Bethnal-green. On the morning of the 29th of January I left home a little after nine o'clock—I left my room locked, and took the key with me—it is a lodging-house—I returned near upon eleven o'clock, and found the door unlocked and ajar—it had been opened by a key—my quilt, blanket, and sheet were gone off the bed, and from a box were taken two brushes, two caps, and a pair of stockings, and out of a corner of the room a shift—I afterwards went to the witness Saunders, and found the quilt, sheet, blanket, two brushes, and a pair of stockings, which are worth about 6s—the prisoner was there, and the policeman took her into custody.
ANN SAUNDERS . I am the wife of John Saunders, who is a porter at sales, and live in Pelham-street, Mile-end. The prisoner came to my shop with, a blanket, quilt, sheet, a pair of stockings, and two brushes, which I bought of her for 2s.—she came again the same evening for part of the money, and was taken into custody.
MICHAEL CONVEY (police-constable H 138.) In consequence of information I took the prisoner into custody at Saunders's—she said she lived at No. 7, James-street, Bethnal-green—I went there, and found six door-keys, one of which opens the prosecutrix's door—I found this property at Saunders's, wrapped up in a rug, under the bed.
Prisoner's Defence. I bought the things in Petticoat-lane for 1s.—I am in the habit of dealing there—the keys were in the pocket of a coat which I bought in the lane.
GUILTY . Aged 30.— Confined One Year.
650. WILLIAM WHITE was indicted for feloniously assaulting Ann Wheatley, on the 10th of January, putting her in fear, and taking from her person, and against her will, 4 half-crowns and 7 shillings, her monies; and that he had been before convicted of felony.
ANN WHEATLEY . I am a widow, and live in Upper Park-place, Dorset-square. On Thursday evening, the 10th of January, between seven and eight o'clock, I saw the prisoner walking by the side of me opposite Trinity church, in the New-road—I was coming from Tottenham-court-road—I had my handkerchief up to my face—he asked if I had the toothache—I said, "No, Sir"—he then asked me if I had far to go—I said, "No, Sir"—he said would I take his arm—I said no, and spoke very cross—he took me by the arm, and took me through the Park gate, Park-square East, and behaved excessively ill, pulling my clothes about in a very improper way, and I felt his hand in my pocket—I am sure of that—I had four half-crowns, seven shillings, and sixpence there loose—when I could speak I charged him with taking my money out of my pocket—he swore a very bitter oath—a policeman directly after came up—I said, "Thank God, here is a policeman," and gave him in charge—before I saw
the policeman, I was so agitated that I could hardly speak, and did not see a person to call out to—I was very unwell and nervous—I do not believe he wanted any thing but to get my money—he had dragged me into the Park, and began pulling me about—I begged him to let me go—I did not see any body in the Park—I saw nobody to complain to till I saw the policeman—I am certain he got my money—he wanted to go away when I charged him with the robbery, but the policeman came up—he was getting away as the policeman came up—I dare say he had got my money ten or twenty yards before the policeman came up; and as soon as I saw the policeman I called out—I saw two females in the Park, but they were a great way off—I had counted my money, and had it in my pocket between Trinity church and Tottenham-court-road.
WILLIAM LLOYD . I am a policeman. I was in the park on the night in question—I passed through Chester-gate about eight o'clock, and came towards Park-square East, on the Colosseum side—I there saw two persons standing under the park palings apparently hustling together—I watched them for about five minutes, and then heard a female voice cry out, "Let me go—let me go"—I crossed over at the time, and she said, "Thank God, here is a policeman"—I said, "What is the matter?"—she immediately replied, "I charge this man with having robbed me"—I said, "Of what?"—she said, "Of a quantity of silver"—I said, "What silver have you lost?"—she said, "Some half-crowns"—I turned to him and said, "You are charged with stealing half-crowns from this lady"—he said, "I have no such thing"—I said, "You must come to the station-house"—he slunk away about ten yards—I followed him and took him to the station-house, and there found five half-crowns, sixpence in silver, 11/2d. In coppers on him, and twelve duplicates.
JURY. Q. Did the female cry as if she was frightened? A. She did, and seemed very much agitated.
Prisoner's Defence (written.) "On Thursday, at a quarter-past six o'clock, turning out of Albany-street in the New-road, there were twenty or thirty persons round a drunken man, and as I was looking the prosecutrix said, 'What a shame,' to me—I asked her if she was a married woman—she said, 'No, thank God!'—we then walked to the next turning that leads to the Regent's-park from Albany-street—she said, 'Was I not ashamed to meet any one I knowed with an old woman of her age?"—I said, 'No woman was old that had the use of their limbs'—in the meantime she was turning into the second' turning in the park from Albany-street—we crossed the road to the private walk, as far as the turning that leads to the bridge—we were agoing into the middle circle—she said there was some one a looking—I saw it was a policeman—by that we turned back to the end, past the Diorama, took the turning nearly opposite Chester-gate, just by the middle circle, passed and repassed several people, but we made several stops till the people passed us in the middle circle—she said my hand was in her pocket—I said, 'Good God! what do you mean? have you lost any thing?'—she said, 'Yes'—I told her to be certain—she said, 'Never mind'—I asked her to take my arm, which she did—after this we passed three persons, and at the end turning to the outer circle we passed two females—she said, 'I hope no one has seen us'—I asked her if she would go and take a glass of any thing to drink—she said, 'Stop till we get into the New-road'—a few yards further a policeman was passing—she said, 'Are you a policeman? this man has robbed me'—he said to her, 'Are
you sure?'—she said, 'Yes'—he said I must go with him to the station-house—when there, she first said she had lost twelve shillings, then she said seventeen shillings—she said four half-crowns—the policeman took five half-crowns from me, and seven or eight shillings—she told me that she lived with her son before he was married—she told me that her husband was insane, before be died, for some years, and she had not known the comfort of a married life for some years before his death—she told me all this in the park—she had her hands in my trowsers, and when any one was passing she took them out—she never made any alarm that she had been robbed all the time, till we nearly got out of the park—said she had lived in the neighbourhood for the last thirty years, and swears that she did not know any of the turnings."
GUILTY . Aged 49.— Transported for Ten Years.
651. JAMES TURNER was indicted for burglariously breaking and entering the dwelling-house of Joseph Gibson, at Edmonton, about the hour of one o'clock in the night of the 18th of December, with intent to steal, and stealing therein, 60lbs. weight of pork, value 30s.; 1 keg, value 1s.; 5 quarts of rum, value 6s.; 2 loaves of bread, value 1s. 8d.; and 1 basket, value 4s., his property.
ANN GIBSON . I am the wife of Joseph Gibson, a publican, we live in the parish of Edmonton. On the 18th of December I was alarmed after one o'clock in the night, and went down stairs—we had killed a pig on the Friday before, and put it into a salting-tub in the cellar—I found it lying on the tap-room table—a policeman was in the house, and the prisoner in his custody—a basket with two pieces of pork in it was taken out of the cellar, and placed outside the back part of the house—there was also a keg with some rum in it belonging to Mr. Naylor, found outside the house—it had been sent to us by Mr. Naylor, who supplies us with rum.
Cross-examined by MR. CARDEN. Q. Who manages your business? A. I do—my husband has been confined to his bed these three years—the cellar is on a level with the house, and under the same roof—we enter it inside the house by the bar.
JOHN LAYTON . I am one of the Edmonton police. On Tuesday night, the 18th of December, about one o'clock, I was on duty and saw a man come up to the end of Mr. Gibson's barn—he stopped there, and then went on again—I watched him round to the back of the house, and be began making a bole into the cellar—I could hear him doing it—it is a lath and plaster wall—when he had got a hole he popped a light in, and I heard him get in himself—he went out of that cellar into the next—I could hear him—both cellars are under the same roof—I saw him come out of the hole—after hearing him pulling some things out, I went round to the back of the house, and stood nearly opposite the hole—I watched him, and took him as soon as he got out, and the things all laid outside the hole—I alarmed the house—I asked him what he had been doing—he said be had been doing nothing—I asked what he did there—he said he was late home and went round there to lie down—the young man living in the house came down first and let us in—we found 61lbs. of salt pork outside the house, a cask of spirits, a flag basket, and two quartern loaves—I
found some duplicates on the prisoner, also a hack knife, and a putty knife—I believe he is a glazier.
Cross-examined. Q. How long was he getting in? A. Not many minutes getting through—I was watching him nearly an hour before I took him—I could not see him because I was on one side, and he the other—the noise I heard was like rending the laths, not such as would be made by pushing through a hole.
JOSEPH KNIGHT . I am servant to Joseph Gibson. On the night in question I was alarmed between twelve and one o'clock by the policeman—I got up and opened the door, and found he had the prisoner—I found the salt pork lying on the left hand of the yard in a bag close under the hole in the wall—there was no hole there when I went to bed—the hole communicated with the cellar—I saw a flag basket lying there which had been in the cellar before—the pork was part of the pig we had killed—it had been in the pickling tub—I looked into the tub, and it was gone—there were two quartern loaves lying in the yard, which had been in the safe the night before.
Cross-examined. Q. Did you examine the cellar before you went to bed? A. Yes; at ten o'clock—I went down as the brewers had been, I was not certain whether 1 had fastened the door or not, and I went down to see—the hole was about fifteen inches by twelve—the prisoner could get through it.
GUILTY . Aged 27.— Transported for Life.
(There were three other indictments against the prisoner for burglary.)
First Jury, before Mr. Recorder,
WILLIAM AUGUSTUS GOTT . I am a gentleman, and live in Gordon-square, St. Pancras. The prisoner was employed at my house as a plasterer, in November and December—I had some gold watches in a desk in my library, worth about 13l. together—I saw them safe in September in the desk—I looked at the desk on the 24th of December, and missed them.
Cross-examined by MR. DOANE. Q. What part of November did the prisoner come to your house? A. On the 24th of November—there were other workmen in the house—there was no boy taken up for this offence to my knowledge—a female servant left my house about that time—she was not discharged.
JAMES BRADLEY CHAMBERLAIN . I am an optician, and live in Broad-street, St. Giles's. On 29th of November, the prisoner came to my shop, handed a gold watch-case to my son, and asked if it was gold—my son handed it to me—I looked at the inner part which was metal gilt, and said, "I do not think it is," but on turning to the outside, I said, "I think it is, but to remove any doubt, I will try it for you"—the prisoner said he had made a bet of, I think, one shilling—I said, "Who with?"—he said, a jeweller, living at the corner of Stephen-street, Tottenham-court-road—on trying it, I told him it was gold, and asked where he obtained it—he said he found it—I said that the day was wet and stormy, and it appeared perfectly free from wet or dirt—he said, it was covered with paper—I said, "What do you purpose doing with it?"—he said, "To
sell it"—I said, "I must prevent that, if what you have said is true, you have no right to sell it"—he said, "You intend to detain it"—I said, "Yes; believing what you have said to be true, I will take your name and address, and advertise it, and if there is any reward, I will pay it to you—but" I said, "I don't know why I should give myself any trouble about it, walk over to the station-house with me, and I will hand it over to them?"—I turned to get my bat, and on turning round he was gone—I have no doubt whatever of his being the man—I gave information within two minutes, and described him at two station-houses—the watch? case remained in my possession till the Sunday morning—I at last gate it to Inspector Rawley.
Cross-examined. Q. Have you always been positive of the prisoner? A. I said I believed him to be the man in the first instance—I said before the Magistrate that it was a man very much, like the prisoner—my memory is refreshed since then, for before I signed my deposition the prisoner forced his conversation on me, and that forcibly recalled my recollection of him, and I said to the clerk, "I have no hesitation in saying it was the prisoner"—I had never seen him before to my knowledge—I do not deal in watches—I have nothing of the kind in my window—there were three persons present when he came—Mr. Paulson was there—the prisoner was close to me during the whole conversation—I decidedly swear to him—I hive no hesitation in saying he is the man—I have said to-day that I believed him to be the man.
JOHN JAMES POULSON . I am an oil-man, and live in Broad-street, Bloomsbury. I was in Mr. Chamberlain's shop when a person came in with a watch-case—I believe the prisoner to be the man—I have not a doubt of him.
Cross-examined. Q. You never had any doubt, had you? A. No—I was there casually, and was talking to Mr. Chamberlain's son—the prisoner came in while I was there—I have not a doubt of his person—he looks different now, but I am certain of him—he looks much more respectable than he did then—he was then in his working, clothes, and so he was when I recognised him in the workshop at his employer's, in Gray's-inn-terrace—I am quite positive he is the man.
JOHN CRISPIN RAWLEY . I am an Inspector of the E division of police. I took the prisoner into custody from information, on the 7th of January, and received the gold watch-case from Mr. Chamberlain—the prisoner denied having been to the shop with it, and said he knew nothing about it.
MR. GOTT re-examined., That is the case I lost—the was watches were kept in a large office desk—it was not always locked, but occasionally—it was covered over with a leather case—the room door was only locked at night—the labourers worked in that room—the prisoner, and a boy were the only plasterers employed—there was a carpenter in the room occasionally.
NOT GUILTY .
JOHN UPSALL . I am a pawnbroker, and live in Ratcliffe-highway—I have known the prisoner six months. On the 8th of January he came to my shop and asked to look at a coat, which was shown him—he agreed about the price, and produced an advance note—he had told me about a
fortnight before, that he was going as mate in the William Thompson, and he wanted some money—I directed him to a lodging-house to find some money—he said that would not suit, and asked if I would cash a note—I said "Yes," and when he selected the coat he produced a note for 5l. 10s., said he wished for some clothes, and that he was going on board that morning—I asked where the vessel laid—he said at the back of my home, which is the London Docks—he had clothes which came to 2l. 4s. 6d., and 3l. 0s. 6d. in cash—he went away with it—the note has not been paid—this is it—I never saw these notes stamped—I have seen a great many—(read)—"5l. 10s. Advance—London, January 6, 1839, Three days after the William Thompson has sailed, please to pay Alexander M'Cullock 5l. 10s., provided he has sailed in the said ship.—WILLIAM BROWN, master. To John Baker, Esq., 57, Leadenhall-street."
GEORGE ELLIS . I am a Thames police-officer. I made inquiries after the prisoner, and apprehended him at the Thames Police-office—I asked him if he knew Mr. Upsall of Ratcliffe-highway—he said, "Yes"—I asked if he remembered getting a note cashed there—he said, "Yes"—I asked who gave it to him—he said, "A mate"—I looked at him, and he said, "I made a mistake, it was a captain"—I said, "Where is the vessel lying!" he said, "At Deptford, taking in Government stores"—I went to James-street, Commercial-road, the address he gave the prosecutor, and found he had lived there till Christmas last.
Prisoner. I did not understand you, when you asked me who gave me the note.
JOHN DONM AN . I am a tide surveyor to her Majesty's customs—vessel taking out Government stores are registered in my office. No vessel named William Thompson has been registered since the 3rd of June, 1835—it is necessary that all vessels taking goods should be registered in my office.
Prisoner's Defence. I have witnesses to prove that a man named James Brown, who was in company with me, gave the note to me—they were in my company when I received it from him.
ROBERT WELLS . I am a glass-worker, and live in Lower Chapman-waited street, St. George's. On Sunday morning, the 6th of January last, I on the prisoner for a few shillings which he owed me—he said he had some money to receive, and if I met him in the evening at the Golden Anchor at Wapping, he would pay my little demand—I did so, and while we were there a person came in to speak to the prisoner—he went out and returned with the person—the person then tendered him a note—I believe to the amount of 5l. odd—I understood it was a monthly advance note to join a ship named William something, which I cannot call to mind, which was lying at Deptford, as I understood—I did not see the prisoner give any thing for the note—that is all I know of the transaction—this is something like the note, but I did not notice it to swear it is the same.
WILLIAM MUMBRY . I am a painter, and live in Club-row, Shoreditch. I went with Wells to the Anchor, at Wapping, and saw the prisoner there—I never saw him before—I saw a man, who was sitting talking to him,
give him a note similar to the one produced—they were talking about going on board a ship.
Prisoner. I came from the north, and was discharged in London—I was looking out for another ship—I fell in with a man, who represented himself as a master of a vessel, and said he wanted a mate—I agreed with him at 5l. 10s.—he said the ship was at Deptford, taking in Government stores, and was going to Bermuda and Halifax—he gave me the note out of his pocket, and I went to the prosecutor, who gave me clothes and money for it—I went down to Deptford, and found no such ship—I found I had been duped, and I went to search for a vessel, that I might give Upsall another note, of the same amount—I begged the shopman not to press me about it, and I would deliver up the clothes and money as soon as I could—Mr. Upsall would not consent to it, but put the law in force against me—the man who gave me the note was an entire stranger to me—he had the appearance of a captain of a vessel—I never told the prosecutor that the vessel was lying in the London Dock—I told him the same as I told the police-officer.
JOHN UPSALL re-examined. The prisoner never came, and told me he had got a wrong note, or any thing about it, nor offered me the clothes back—I never saw him at all—a fortnight elapsed between my receiving the note and his apprehension—I do not know the prisoner's hand-writing—his name was not signed to the note in my presence—he told me, and also my young man, that the vessel was lying in the London Dock—I am quite positive of it—I had previous dealings with him, but never took a note of this kind of him before—he had told me once or twice before, that he was going in the William Thompson—that was several days before the 6th of January, I am certain—a man is never engaged as mate without inquiring his character, and signing articles.
Prisoner. I never mentioned the name of any ship to him—I said I was going to sea—I had not engaged with any ship at that time—the man said he was looking for a mate, and that he was going to call next morning.
GUILTY . Aged 31.—Recommended to mercy.— Confined Two Years.
654. WILLIAM WALKER was indicted for feloniously assaulting George Edmund Price, on the 27th of January, putting him in fear, and taking from his person, and against his will, 1 phial, value 1d.; and 1 penny, his goods and money.
GEORGE EDMUND PRICE . I am an errand-boy to Mr. Read, a surgeon, in the New Road. On the 27th of January, between five and six o'clock, I was going down North-street, to take home some medicine, and saw the prisoner standing with about fourteen more boys—I passed them as I went, and, in my way back, the prisoner laid hold of me, and said, "Hallo, little fellow, I want a penny of you"—I said I had not one to give him—they then all laid hold of me, laid me down, kicked me behind, tied a handkerchief over my eyes, and felt in my pocket, and took out a bottle of oil and a penny-piece—they kicked me all about my back—I feel it now—I returned with a policeman, and before they saw him they said, "Hallo, little fellow, where is your bottle and your oil?"—I laid hold of the prisoner, and he ran away—the policeman ran after and caught him—the others all ran away.
JOHN FRESHWATER (police-constable K 146.) Price complained to me—I accompanied him back to the top of North-street, Whitechapel-road, and sent him on before me—I heard some boys call out to him, but did not
hear what they said—he laid hold of the prisoner, who got from him—I ran after him, and asked him how he came to ill-use the boy as he did, and take his oil and penny—he told me to let him alone, or he would make me, I had no business to lay hold of him—I only found a halfpenny on him.
Prisoner's Defence. We were all playing—I thought he was one of my playmates, who owed me 1d.—the handkerchief was never put on his eyes, and he never was kicked.
NOT GUILTY .
655. REBECCA BROWN was indicted for feloniously receiving, on the 4th of December, of a certain evil-disposed person, 2 pillow-cases, value 8d. the goods of Sarah Fenning, well knowing them to have been stolen; against the Statute, &c.
THOMAS WOODROFF CRAIG . I live at Lower Edmonton. On the 19th of November, on searching the house of James Turner (who has been tried to-day,) at Union-row, Tottenham, after his being taken into custody, I found a pillow-case, hanging on a line in the back-room, marked "T. S. F."—I had heard of the robbery on the premises of Mrs. Fenning—the prisoner lived with Turner in that house—I asked her whose property it was—she said hers, and she bought it of a man in the street—I asked her who the man was—she said, "I shall not say any thing more about it."
NOT GUILTY .
656. RICHARD ROBERTS was indicted for feloniously breaking and entering the dwelling house of Robert Rawlin, on the 21st of January, at St. Leonard, Shoreditch, and stealing therein f of a yard of woollen cloth, value 3s.; and 2 yards of waistcoating, value 6s. 6d. his goods.
ROBERT RAWLIN . I am a tailor, and live in Cross-street, City-road, in the parish of St. Leonard, Shoreditch. A little before nine o'clock, on the 21st of January, I went into my shop and missed two waistcoat pieces, and a remnant of cloth—I found the glass of the window broken—it had been cracked previously, but there was no aperture in it before—I had seen it whole at noon—the goods could be drawn through the hole.
GEORGE KEMP (police-constable N 8.) On the night of the 21st January, about half-past eight o'clock, I was coming through Cross-street, Hoxton, and saw the prisoner about ten yards from the prosecutor's shop, running very fast—I followed him till he got into the City-road, and took from under his jacket the waistcoat-piece and cloth—I asked where he got them—he said he picked them up—I took him to the station-house, and found a knife on him, which corresponded exactly with the marks on the putty of the prosecutor's window.
(Property produced and sworn to.)
Prisoner. I hope you will forgive me this time, and I will go to work.
GUILTY .* Aged 21.— Transported for Ten Years.
NEW COURT.—Saturday, Feb. 9th, 1839.
Fifth Jury, before Mr. Recorder.
GUILTY .* Aged 28.— Confined Two Months.
ROBERT DRAKE . I am groom to Samuel Pearce, surgeon, of Bethnal-green-road. On the 9th of January his chaise was standing at the stable gate, at the back of the house—I was told of something and missed my cloak and coat from the chaise—I had seen them safe not two minutes, before.
SAMUEL HUDSON . I am going on for 11 years of age—my father lives in Thomson-street, Bethnal-green-road. On the afternoon of the 9th of January, I was standing at my father's door, and saw the prisoner run by with a cloak and coat across his arm—I knew they were Mr. Drake's, and told my father—the prisoner went down into Manchester-street, and into a court opposite our gateway—I knew him before well, by his selling things about the streets often—he had on a white flannel jacket, a straw hat, and a blue apron—I saw him come out of his house about half an hour afterwards with a ragged jacket on, and his arm in a sling—he had, nothing with him then.
Prisoner. Q. Was Harriett Leheup at the window? A. yes; she said it was a different man because you had a flannel jacket on—I am certain I am not mistaken.
BENJAMIN CORDELL (police-constable K 78.) I received information and ascertained the description of the prisoner—I went to his residence in the evening about six o'clock—I found him sitting by the fire—I said, "Isaac, I want you"—he said, "What is amiss?"—I said, "A cloak and coat were taken from Mr. Pearce's, you must go £o the station-house and state what you know about it"—he said he knew nothing about them—I did not search him, because I knew where the property went, and I did not expect to find it there.
GUILTY . Aged 27.— Confined Six Months.
GIOVANNI ANTONIO ALBINO . I live in St. John-street, Smithfield. I lost a looking-glass and stand—I had seen it safe on Saturday the 29th of December, and missed it on the Monday from the middle of my shop window.
WILLIAM PENNY . I am an Inspector of police. On the morning of the 31st of December, I was in Sharp's-alley, St. Sepulchre—I met the prisoner about half-past ten o'clock, about seven minutes walk from the prosecutor's, with this part of a looking-glass frame tied up in this pocket-handkerchief—I asked him what he had got—he said, "A looking-glass frame"—I said, "Where did you get it?"—he said he bought it in Petticoat-lane, with some rubbish—I said I should take him to the station-house, and at the corner of Field-lane, he got his leg between mine, and tried to throw me—I took him to the office, and he was discharged for want of evidence—he was taken again in a week afterwards—I found in his pocket the screws of the looking-glass stand,
Prisoner. Q. Did you take me to the station-house? A. The Magistrate was sitting at the time, and I took him there directly.
MR. ALBINO re-examined. I know this part of the frame perfectly well
—it is not well made, and I could not send it to the customer till it was altered—I know it from a defect in it—these screws I cannot swear to.
Prisoner. You said you thought it was your property, but you could not swear to it, as there was not any mark on it. Witness. Yes, I know it, because the veneer is not well joined in the centre—I am positive of it.
Prisoner. It is not in the state it was when it was taken from me, it was quite dusty and dirty—the officer says he took it from me in a handkerchief, and he took the handkerchief off my neck and put round it.
JOHN KIRKMAN . I was a police constable. I have a certificate of the prisoner's former conviction, which I got at Mr. Clark's office—I was present at the trial—(read)—the prisoner is one of the persons who were tried—there were two of them.
GUILTY . Aged 19.— Transported for Fourteen Years.
Before Mr. Justice Williams.
MARY EVANS . I live in Chester-place, Bethnal-green. On Sunday evening, the 30th of December, about eight o'clock—I was sitting in my room and heard a whistle—I turned ray head and saw another boy hand my till to the prisoner at the door—I saw the prisoner's dress perfectly by the gas light, and I saw the prisoner again in about two minutes—I had had the till in my shop, and there was in it a half-crown, two shillings, one sixpence, fourteen penny-pieces, and thirty-eight half-pence—I had counted them not ten minutes before—the other boy ran away, and my son took the prisoner with the till under his arm—he said if I would let him go, he would go and get me the money back—a gentleman gave me my till at the door—the half-pence were in it, but the silver was gone.
Cross-examined by MR. PAYNE. Q. How much of the person could you see while he was at your door? A. About half of him—the front of him—I could not see his face, but it appeared from his dress that the prisoner was the person, and I had seen him at the window previously.
WILLIAM EVANS . I am the prosecutrix's son. I was outside the house, and saw a lad get from the step of the door off his knees, and hand the prisoner the till—the prisoner was standing at the end of the shop-window—I thought he was cutting the glass, and I would give him a slap on the head—but when he received the till, I took him by the two shoulders, and the till fell from under his arm, and he fell on his two hands—it was my mother's till that fell from him.
Cross-examined. Q. Are you sure it was the prisoner who dropped it? A. Yes, the other boy ran away—I was about the middle of the road in the act of crossing—I was near enough to see—I am quite confident that one brought it out and gave it to the other.
GUILTY . Aged 18.—Recommended to mercy. Confined Three Months.
have one partner. On the 8th of January, the prisoner came to my shop and asked to be shown some flowers, and I showed her a great many—she said she wished to purchase largely for herself and another person, but she did not say who that person was—she selected flowers to the amount of 19l. 12s. 6d.—the price was fixed, and she desired them to be sent home to Lady Lake, No. 9, Portman-square—it was then between three, and four o'clock in the afternoon, and she said they were to be sent home at half-past six o'clock—before she quitted I thought by her manner that she did not mean to pay me for the goods—she was on the outside of the counter—I was on the inside sometimes and sometimes on the outside—I did not suspect her of stealing—she left without paying me, and I sent the flowers at half-past six o'clock by Elizabeth Roper, the servant—she did not bring me the money, but in the meantime two gentlemen had called and inquired if I had lost any thing—I went to the station-house and identified some flowers which I saw there, about seven o'clock the same evening—the prisoner was then in custody—I missed, after I received information, these three wreaths and three bunches of artificial flowers, which I saw at the station-house—they were not a part of those which she had selected, but she had taken them from off the counter and window—they are worth 1l.—she was in a position while she was in my shop in which she might have got at these.
SAMUEL GLASSCOCK (police-constable C 77) 1fe prisoner was given into my custody by Mr. Olivier, in the Quadrant, Regent-street, about a quarter before six o'clock on the 8th of January—she had a cloak and a straw bonnet on—when I got her to the station-house I found these flowers in a paper in her hand under her cloak—I found a-bag and a purse containing some money in the same hand, some keys and some direction cards—she did not say any thing to me.
MR. DUNN. I am a dentist, and live in Wigmore-street. I have known the prisoner for six years—she has been labouring under a determination of blood to the head—she has been perfectly honest (Several other witnesses gave the prisoner a good character.)
GUILTY . Aged 22.—Recommended to mercy by the Prosecutrix and
662. HELEN FARRELL was again indicted for stealing, on the 8th of January, 3 pieces of printed music, value 7s., the goods of Charles Olivier: also, on the 27th of December, 17 yards of lace, value 2l. the goods of Martin Nunn, to both of which she pleaded
GUILTY .— Confined Ten Days.
663. JOHN KENT was indicted for stealing, on the 23rd of January, 1000 sheets of printed paper, value 9l. 15s.; and 100 maps, value 15s., the goods of Louisa Margaret Watkins.—Another COUNT, stating them to be the goods of Louisa Margaret Watkins and another.
MR. GASELEE conducted the Prosecution.
THOMAS JOHN WATKINS . I live with my sister Louisa Margaret Watkins, in St. John's-square—she carries on the business of a book-binder. On the 23rd of January, I was going home about seven o'clock, and saw a truck standing at my sister's door—I saw the prisoner go to the truck, take from it a parcel, put it on his shoulder, and walk away—I called out to know what he was about to do, upon which he ran away—when he had
run a few yards, he dropped the parcel and ran up St. John's-court—I pursued him, and he was either knocked down, or stopped by a man—I came up and took him back—I saw the parcel in the place where I saw him drop it—I never lost sight of him till I caught him, or not for two seconds.
Cross-examined by MR. DOANE. Q. Did you lose sight of the parcel? A. Not after it was taken up—I did not lose sight of the prisoner when he turned up the passage—it is my firm impression that I did not lose sight of him at all.
COURT. Q. Was the person running mixed with others? A. No, he was alone, and in the passage there was only myself, the prisoner, and the man who stopped him.
Cross-examined. Q. Did not he deny that he had taken the parcel? A. Yes, when I took him.
ARNOLD. I am in the employ of Johnson and Barrett, printers, in Mark-lane. On the 23rd of January I delivered four parcels to Joseph Ward—one of them was very similar to the one now produced.
JOSEPH WALKER . I am in the employ of Miss Watkins. On the night of the 23rd of January I received four parcels—this one is similar to one I had—I took them to Miss Watkins in St. John's-square—I took one parcel in, and when I came back there was one gone from the truck.
GUILTY . Aged 28.— Confined Three Months.
MR. CLARKSON conducted the Prosecution.
JOHN POOL (police-constable T 152.) On Saturday morning, the 9th of January, between three and four o'clock, I was on duty between Drayton-green and Uxbridge-road—there is a lane there which passes between the stables of the Green Man public-house and the house, which is a night-house—the stable is on the left-band side, and projects out towards the road—I saw two carts there—I saw one of them first, the tail of which was drawn up close against the end of the stable, and the horse towards London—I was not above two or three yards from it—there is a lamp in front of the Green Man, and I saw a man standing four or five yards from the cart, who appeared to be on the look-out—as soon as he saw me he ran off, but before he ran I saw him go up to a man who was on the cart, and speak to him, but I could not hear what he said—upon that I passed by the cart, and took no notice—I saw that cart was loaded with straw—I saw another cart in advance of that, which was loaded with hay—I passed the hay-cart also, and then crossed the road through a gate on the other side of the road to the right, but came back again, and kept myself out of sight—I could see what the persons were doing—I do not know who the man was on the straw-cart, but the man who went up and spoke to him was the prisoner—the man on the straw handed down two trusses of straw, one at a time, to the prisoner, who removed them about a
couple of yards from the cart, and put them against the stable-door—I then saw a sack put down by the man on the top of the cart, which dropped down by the side of the cart—the prisoner attempted to catch it, but he missed it, and it fell to the ground—I was then about ten yards from the cart, and concealed—I had a full view of the person and face as well as the dress of the prisoner—I ran up to him while he was stooping to pick up the sack, and I said, "Stop, you are my prisoner"—he left the sack, ran away, and escaped—I turned the two trusses of straw round the corner, so as to have them in my sight, and I told the man who was on the cart to surrender, he was my prisoner, but he slipped down by the aide of the cart, and ran off—I observed that the ropes of the straw-cart were loose—after some time I took the straw and the sack of beans to the station-house, and then went to London in pursuit of the man—I came to London, and was going back, when I found the prisoner, who was going from London—I said to him, "You are my prisoner; you are the man who escaped from me this morning"—he said nothing to me—I am perfectly sure that he is the man—I saw the trusses of straw that I speak of, and the beans, shown to Mr. Wilshin on the Monday following."
Cross-examined by MR. PATNE. Q. Did you not take the prisoner as he was returning to the place where you first saw him? A. Yes, I took him at Notting-hill—the lamp at the Green Man was an oil lamp, and perhaps fourteen yards from the cart—a person on the cart could not see me as I was in the dark—there was a cart between me and the lamp—I am sure that the straw I took to the station-house was the same—I saw it taken from the cart—I had put one of my gloves in each truss as they laid on the ground.
DANIEL WILSHIN . I am a farmer at Hayes—the prisoner and a man named Knight were in my service. On the 18th of January, I sent hay and straw to London by Knight and the prisoner—they started from my farm with the loads—I saw the carts loaded that night, and the cloth over them—I saw the straw at the station-house, and have no doubt it was mine—I know it by a certain weed which grew in that field and no other—I have brought a sample of my beans—I have no doubt these are mine.
Cross-examined. Q. Was the barn locked in which the beans were? A. Yes, it was—one of these samples of beans is from the sack, and the other is from the heap in the barn—there is not such a sort of bean in the parish—I have a great deal of clay land—these are small horse-beans—I could not swear there are not beans of a similar description in other parishes—I could not miss any beans from my stock—there were twenty quarters of them, and they were in an unfinished state, not cleaned—the prisoner had charge of the hay cart, and Knight of the straw.
COURT. Q. Is it usual to sell beans in the state these are? A. No.
MR. CLARKSON. Q. Did the prisoner know where the straw was going as well as the hay? A. Yes, he had been in the habit of coming to London on these errands—all my teams take turns—I saw this hay and straw both loaded myself—the hay was going to Cumberland-market, and the straw to Mr. Elmore's.
GUILTY . Aged 24.— Confined Six Months.
GUILTY . Aged 32.— Confined Six Months.
LENY DEIGHTON SMITH . I am a crape manufacturer, and live in Lorraine-place, Holloway. The prisoner was an occasional gardener in my employment—I was in the habit of entrusting him with money to purchase trees, shrubs, and so on—my wife has had cheques from me, which through our servants have been entrusted to the prisoner—on the 1st of February I drew this cheque (looking at it) on my banker for 10l.—I gave it to my wife, who is an invalid.
SUSANNAH BAILEY . I am in the service of the prosecutor. I know this cheque—I got it from my mistress on the 1st of February, and gave it to the prisoner to get changed, and pay a bread bill of 9s. 9d. to Mr. Greig, the baker—he did not return—I generally used to see him two or three times a day—I did not see the prisoner again till Monday last at Hatton-garden—he used to live very near my master's—I never went to his house to inquire after him.
MARY ANN GREIG . I live with my father, who is a baker. I know the prisoner—I have frequently seen him. On the 1st of February, he brought this cheque to change, about eleven o'clock in the morning—I changed it, and took our bill out of it—I gave him 9l. 10s. 3d., and he went away.
THOMAS WALKER (police-constable N 88.) On the 3rd of February I apprehended the prisoner going into the Cock, at Holloway, about nine o'clock in the morning—he was sober—I told him it was for a cheque belonging to Mr. Smith—he said he knew he had committed a crime and he must suffer for it—I said I must take him to the station-house—he said he expected as much—he had 4s. 11d. on him—I asked what bad become of the rest of the money—he said he had lost it.
GUILTY . Aged 52.—Recommended to mercy.— Confined One Month.
JOHN ROLFE (police-constable N 113.) I was on my rounds on the evening of the 23rd of January, at half-past six o'clock, near the Mermaid tavern, at Hackney—I went into a privy, from information, and found the prisoner there and Joseph Massey—I asked them what they were doing there, and they gave me a reason coupled with the place, but I heard something drop down which sounded to me like glass or a chain—I took them both to the station-house—I returned directly, and found five glass bottles thrown down the privy—these are them.
JOSEPH MASSEY . I am just turned eleven years of age—I know the necessity of speaking the truth—my father is a soap-boiler—the officer found me and the prisoner in the privy—I had been with the prisoner that afternoon, and he asked me to go with him to the Mermaid—I went with him—he coaxed me to go down to the bottom of the garden, and there we got five bottles from a rack where they were placed topsyturvy—the prisoner gave me two, and had three himself—he then looked, and saw somebody coming, we ran into the privy, and put the bottles down—they were the same bottles that came from the yard of the Mermaid—we were then taken to the station-house.
Prisoner. This boy, with Jones and Riley, got several bottles themselves, and sold them. Witness. The prisoner went on the Saturday before this—Jones and Riley went down and got one a-piece, and the prisoner got two, I got two, and Riley got one—Riley went and sold mine for me.
JOHN CARTER . I am the landlord of the Mermaid tavern. We keep a number of bottles at the bottom of the garden, in a rack there—we had bottles like these, but we have no mark on them, and could not miss them—we lose a great many—we have two large privies within two feet of the bottle-rack.
GUILTY * Aged 19.— Confined One Month.
THOMAS TUCKER . I am a painter, and live in Weston-street, Pentonville. On the 8th of January, about ten o'clock in the morning, I was in Guildford-street, and saw a baker's barrow at the end of Lamb's Conduit-alone street—the barrow was closed, but it was a baker's barrow, standing—I saw the prisoner walking from Caroline-place up towards Lamb's Conduit-street—he passed by the barrow, and under the wall stood a baker's basket—he took up the basket, and went back to the barrow with it—he seemed to be watching, as though he was looking for somebody or something—this took my attention, and when he got to the barrow he put the basket down, opened the barrow, put his hand in, took out a quantity of bread, and put it in the basket—he did that a second time, and then he went round to the head of the barrow, and took out some more—I cannot tell how many loaves he took in all, I should think about thirteen, which he put into the basket—he then took one more in his hand, and put the basket on his shoulder—he then walked up Lamb's Conduit-street, and went down Great Ormond-street—I was going the same way on business, and I went on and met a policeman—I told him my suspicion—I then left them—I am sure the prisoner is the man I left with the basket when I gave information to the policeman.
ROBERT LAY (police-constable E 44.) I was spoken to by the witness on the 8th of January—he pointed out the prisoner at a distance, with a loaf in his band, and a basket on his shoulder—there was no other man but the prisoner with a loaf and a basket—I followed the prisoner on to Blooms-bury-square, and he put down the basket, went with one loaf to a gentleman's door, and pretended to deliver it, but no one came—he then went into the hall, parted the loaf in two, and put part in his hat and part in his pocket—I then went up to him, and asked what he was going to do with the bread—he said, "Eat it, to be sure"—I asked where he got it—he said he bought it, and it was his own—I found twelve loaves in the basket, and this is the broken one.
THOMAS GAINSFORD . I am in the service of William Walter Gilbertson: he is a baker—I was out, with my barrow, on the 8th of January, and left it at the corner of Lamb's Conduit-street and Guildford-street, about ten o'clock—I was away for ten or fifteen minutes—when I came back I did not notice any thing, but went on with my barrow till I met the witness Tucker, and received information—I then missed thirteen loaves—these are them—this one is cottage bread—I have no doubt it is my master's.
Prisoner. I was in great distress—I throw myself on the mercy of the Court.
GUILTY . Aged 40.— Confined One Month.
669. ANN DANVERS was indicted for stealing, on the 2nd of January, 1 bolster, value 10s.; 5 sheets, value 12s.: 1 sofa-cover, value 2s.; 1 counterpane, value 3s.; 5 yards of carpet, value 1s. 6d.; 2 yards of oilcloth, value 1s.; 1 set of bed-furniture, value 4s.; 3 curtains, value 5s.; 6 napkins, value 2s.; 6 quarts of wine, value 1l. 6s.; 2 wine-glasses, value 6d.; 9 candles, value 6d.; 2lbs. weight of soap, value 9d.; and 1 bag, value 3d.,; the goods of Sarah Gale, her mistress: and HONORA M'MAHON , for feloniously receiving part of the same, well knowing them to have been stolen; against the Statute, &c.
MR. PHILLIPS conducted the Prosecution,
SARAH GALE . I live at No. 11, Shepherd-street, Oxford-street The prisoner Danvers was in my service up to the 2nd of January—I had been ill ever since November; and, in consequence of that, I entrusted Danvers with my property—she had the key of my wine-cellar, and all my keys, occasionally—I missed a cap, and spoke to Danvers about it—she said she did not know where it was, or whether it was gone to the wash—a lady, named Ansley, came to me the same evening—I had dismissed Danvers before she came—Mrs. Ansley brought a hamper to me, with seven bottles of sherry in it, apiece of soap, and a paper of mould candles—I missed all these things, and a great deal more, when I went to look—I have seen a great many things at Bow-street which are here—some of these things are marked—I did not know M'Mahon; but, in consequence of information, I went to her house in Lincoln-court—she lived in an attic, at the top of the house—I found her there in bed—she got up, and let me in—I looked about her room, and found these carpets on the floor—these blankets and sheets and counterpane were on the bed, and some wineglasses and other things were in the room—the officer took them—M'Mahon made her escape while I was there.
COURT. Q. Was she in bed by herself? A. Yes, I saw no one else—I did not see her again till she was at the office.
MARY ANSLEY . I am the wife of James Ansley, who is abroad—I live in Union-street, Oxford-street—I am a dress-maker, and have made clothes for Danvers, while she was in Mrs. Gale's service—I remember, some time before Danvers left, she brought a bundle to my house, and asked me if I would let her leave it there, which I did—on the 2nd of January I went to Mrs. Gale's, and made a communication to her, and the bundle was opened—it had then been eight or ten days at my house—it contained a cloak, a pair of stays, and three pairs of shoes, all new, which she had bought at a shop—there was no wine in that bundle; but Danvers had brought a basket to my house, which contained six bottles of wine, a piece of soap, and nine candles—I had never seen the other prisoner.
Danvers. She has also three pocket-handkerchiefs of mine, and 3l. 1s., which gentlemen have given me at Mrs. Gale's; and a silver purse, which a gentleman gave me on New Year's morning—she asked me to give her a bottle of wine, as she had been poorly, which I did. Witness. I had been very poorly, but I did not ask her for a bottle of wine—I have her purse and money—I had only one handkerchief of hers, which the things were tied up in.
WILLIAM HAYDON (police-constable 54 F.) I was sent for on the 2nd of January, and went to M'Mahon's house—I took possession of these carpets, this bolster, and other things—I found five duplicates between the bed and the mattrass—I apprehended Danvers, and told her it was for robbing her mistress—she said she knew nothing about it—I afterwards took
M'Mahon in her own house—I told her it was for having stolen property in her possession—she said it was brought to her by a young woman—these are the duplicates found there.
WILLIAM CHARLES GREYGOOSE . I am shopman to Mr. Basset, a pawnbroker, in Great Queen-street. I produce a sheet, two curtains, and six napkins—the sheet was pawned by a boy, and the other things by a woman, who I believe was the prisoner M'Mahon—two of the duplicates found by the policeman were given to the person who pawned the property.
GEORGE OSBORN . I live in Lincoln-court, Drury-lane, in the next room to M'Mahon. She gave me a sheet to pawn for her, which I did at Mr. Basset's, in Great Queen-street, for 2s.—I gave the duplicate to M'Mahon—I saw the prisoner Danvers once when she came up the stairs to M'Mahon.
MRS. GALE re-examined. I know this sheet by the work—the marks are taken out, but I know the work, as I work left-handed—this bolster found on M'Mahon's bed is mine—I have the bed at home which it belongs to, but I have no mark on it—some of these things I cannot swear to—I missed such things and a great deal more at one search.
(The prisoner Danvers put in a written defence, declaring her innocence, and charging the prosecutrix with keeping several houses of ill-fame.)
M'Mahon's Defence, It was Mary Wilson who brought these few things to me, and asked me to let her leave them, which I did—I knew nothing of their being stolen.
NOT GUILTY .
MARY ANN KENDRICK . I live at Isleworth, and am the wife of George Kendrick—he is a coachman. The prisoner, who is a stranger, came on the 8th of January to my house, and asked for a small great-coat for Mr. Kendrick, saying he was going out next day on a job—I tied the coat up in a handkerchief, and gave it him to take to my husband, believing he had sent him, between six and seven o'clock in the evening—I have not seen it since—I am certain he is the man—I saw him again two days after.
GEORGE KENDRICK . On the 8th of January I was at Mr. Cullen's, the Castle, at Brentford, about a mile and a half from Isleworth—I have known the prisoner several years—I did not send him for a coat—I had seen him two or three days before, but nothing passed about his getting the coat—it was a black frock coat lined with silk—I have never seen it since.
Prisoner's Defence. On the day in question I was not at Isleworth at all, nor within four miles of it.
GUILTY .—Aged 22.
ANN ALDRIDGE . I am a widow, and live a little way from Isleworth, with Alfred Allistone, my son-in-law—I never knew the prisoner until the afternoon of the 10th of January, when he came and asked me if Mrs. Allistone was at home—I said, "Do you want Mr. or Mrs. Allistone?"—he
said, "I know Mr. Allistone is not at home, for he has sent me for his best coat, to have one made like it"—he called him Hampy which was the name a person gave him who could not say Allistone, and he has gone by that name—he said Hampy had sent him for his best coat, to go to the Angel, for a gentleman to have one made like it—I went up stairs for it, and had got into another room with it, when he called out, "Hampy says you are to tie it in a handkerchief"—I did so, and gave it him.
ALFRED ALLISTONE . I live in Warton-lane, near Isleworth. I know the prisoner very well, but I never sent him to my house for a coat—on the 10th of January I was pursuing my journey to London with an omnibus—I had not seen the prisoner that day—he never brought me any coat, and I have never seen the coat since—he was taken a few days afterwards.
EDWARD JAMES LEVY (police-constable T 18.) I was stationed at Brentford, and saw the prisoner on the night of the 14th of January, about half-past twelve o'clock, passing through Old Brentford—he said, "Good night"—I said, "Good night"—I then said, "Is that Poor," which is a name he goes by—he said, "Yes"—I told him I wanted him—he kept on, but I laid hold of him—he asked what for—I said, respecting a coat he had obtained from Mr. Allistone, of Warton lane—he said he never had any coat—I took him to the station-house.
Prisoner. I am quite innocent.
GUILTY . Aged 22.—Recommended to mercy— Confined Six Months.
JOHN SMITH . I am a watchmaker, and live in Charlotte-street, Fitzroy-square. I know the prisoner by sight—on the 21st of January he came to my shop, between nine and ten o'clock, and offered three small pieces of gold for sale, two flat pieces and one round piece of plated wire—I asked him how he came by them—he said he found them, and that he lived in Tottenham-street—I was going out to make inquiries, and saw a policeman opposite—I beckoned him, and he took him.
Cross-examined by MR. PRENDERGAST. Q. Did he ask you to tell him what they were worth? A. No, I cannot recollect that—he asked me if I would purchase them—I will not swear that he did not say, "Will you tell me what they are worth?"
COURT. Q. Do you mean you may have forgotten it? A. I may have forgotten it—to the best of my belief, he asked me if I would buy them.
NORTON VERNON . I am a working jeweller. The prisoner had been my errand-boy for about six weeks—I did not miss any gold wire till the policeman came, on the 21st of January—I then found a piece of gold and a piece of wire had been cut from pieces on my work-board—the wire had been used to make the border of a brooch—I missed about three quarters of an inch, but I cannot be certain as to the quantity—I had seen it safe the day before—this is the piece of wire, and these are the two flat pieces of gold—they are worth about 1s. 9d.
Cross-examined. Q. Will not bits of gold like these get into the sweep? A. It will—pieces as large as these do fall into the sweep, but this piece of wire must have been cut off—I had seen it safe the day before—here is the piece it was cut from.
COURT. Q. Is it from the size of this piece that you conclude that it, had not fallen into the sweep? A. No, from the appearance of it—I saw it on Sunday—the shop is not swept at any given time, the boy sweeps it in the morning if he has time—the sweeping is sold once a year, and fetches from 7l. to 14l., according to the number of persons that have been at work.
JOHN HEALY (police-constable E 95.) I was called to take the prisoner—I asked him where he got this—he said he found it—I asked him if he lived with a jeweller—he said no—I asked if be worked for one—he said no—I said, "Where then did you get it?"—he then said, to tell me the truth he did work for a jeweller, Mr. Vernon, of Crown-street, Soho, and he had found it amongst some dust.
WILLIAM GARDNER . I live with Mr. Walter, a pawnbroker, in High-street, St. Marylebone. On the 17th of January, the prisoner offered a gold watch in pledge for three guineas—I asked who it was for, she said for her mistress, Mrs. Weare, at 51, Wimpole-street—I said if she would fetch the owner, I would advance the money—she went out, and I sent a policeman after her—he brought her back—this is the watch.
Cross-examined by MR. PAYNE. Q. Are you quite sure the same person was brought back? A. Yes, she Was there ten minutes or a quarter of an hour—I am sure she said Wimpole-street.
ANN WEARE . I am a widow, and live at Mrs. Barton's, in Weymouth-street; the prisoner lived in her service for three years. This is my witch, I have had it thirty-five years—I never sent the prisoner to pawn it—I did not miss it until Mrs. Barton told me of it, about five of six o'clock—I had locked it up in my trinket box the day before—it was my husband's—no one knew where the box was but the prisoner.
Cross-examined. Q. Was the trinket box locked? A. Yes; and that-was in a carriage box, which was also locked—I had locked up my things but I am sorry to say I left my keys behind me.
JOHN FUZZENS . I am a policeman. On the 17th of January, at about twenty minutes before seven o'clock in the evening, I saw the prisoner coming out of the pawnbroker's side door—she walked a short distance, and then commenced running. I followed her to 51, Weymouth-street—she went down the area steps, and into the kitchen—I then knocked at the front door, and asked for the lady of the house—she came—I desired her to have the area gate locked—I then told her the circumstance—I took the prisoner in that house, and asked her if she had been out—she said no, she had not been out—I took her to the pawnbroker,-who identified her.
Cross-examined. Q. Are you sure she is the person who came out of the pawnbroker's shop? A. Yes; I cannot be mistaken in her person. (The prisoner received a good character.)
GUILTY . Aged 18. Recommended to mercy,— Confined Three Months.
Sixth Jury, before Mr. Sergeant Arabin.
MATILDA CHEESE . I am the wife of William Cheese, a labourer; we live in Hooper's-lane, Enfield. We had a clamp of potatoes in the garden, and about nine o'clock in the evening, on the 27th of January, I found the prisoner taking some away—I knew him before, as he lives in the neighbourhood—I called a young man, and he was taken—he had got out about half a peck of potatoes—the clamp had not been opened before.
GUILTY .* Aged 17.— Transported for Seven Years.
675. THOMAS MAPP was indicted for stealing, on the 14th of December, 576 bobbins, value 3l. 4s.; 4 countermarks, value 1s.; 1 batten, value 1s.; 1 roll, value 8s.; 26 slays, value 3l.; 1 pair of vices, value 7s.; 3 runners, value 4s.; and 20lbs. weight of cotton, value 1l. 18s.; the goods of Samuel Green.
SAMUEL GREEN . I am a web and brace manufacturer, and live in Shoe-lane, Holborn. The prisoner took two rooms at my factory, No. 24, Wilks-street, Spitalfields—he came there on the 3rd of December—on the 10th of January, I missed some bobbins, some slays, and some battens—I spoke to the prisoner about it on the evening of the 10th of January—he said he would confess the truth, if I would forgive him—I said it would be better for him—he said he had done it through distress—that he had left some bobbins at Rondean's, and meant to get them again.
(The prisoner pleaded poverty, and received a good character.)
GUILTY . Aged 46.—Recommended to mercy.— Confined Six Weeks.
GEORGE PAVITT . I live in Essex-street, Hoxton. I lost a cart wheel on the 3rd of January out of my yard, which is surrounded with a wall and palings—I saw the wheel safe on the morning of the 3rd, and in the evening it was gone—I know the prisoner by his coming to the yard for his master's horse and cart which were kept there—I lost another wheel afterwards, and I found one of them at Mr. Hood's, in the Curtain-road.
GUILTY . Aged 32.— Confined Three Months. (There was another indictment against the prisoner.)
677. ROSINA PALMER was indicted for stealing, on the 5th of December, 2 sheets, value 3s.; 2 blankets, value 8s.; 2 pillows, value 4s.; 2 pillow-cases, value 1s.; 2 counterpanes, value 3s.; 1 tablecloth, value 2s.; and 2 flat-irons, value 1s.; the goods of Thomas Patten.
REBECCA PATTEN . I am the wife of Thomas Patten, of Little George-street. We let a furnished lodging to the prisoner in the latter end of November, for 3s. 9d. a week—a man came with her—they paid regularly for four weeks—I gave them warning, and they went away on the 3rd of January—I went into their room on the 8th, and missed these articles, which had been let with the lodging—I found eight duplicates in the drawer of the looking-glass—the property produced is mine.
Prisoner. I am an unfortunate girl. I met a young man who asked me to live with him—we lived there, and paid our rent while he was in work—we pawned these things, intending to get them out when he got
GUILTY . Aged 25.— Confined Six Months.
JOHN HALE . I am a turner, but am at present out of place, and am residing with my parents in Chandos-street—they sell oysters and gingerbeer. On the 13th of January I saw the three prisoners together, in New-street, Covent-garden, between nine and ten o'clock at night—I saw James Geary attempt to pick a gentleman's pocket—William Geary was close behind him—Watson was on the other side of the way—James Geary got the handkerchief from the pocket, and ran down. Bedfordbury—I followed them on to Covent-garden, where I told an officer—he took James Geary, I took William Geary, and another officer took Watson—on the road to the station-house, James Geary attempted to drop the handkerchief—this is it—(looking at one)—I do not know what became of the gentleman—I do not know his name—I had seen the prisoners all together for about five minutes before the handkerchief was taken.
James Geary. This witness was in the oyster-shop as I came past, that was the only time I saw him. Witness, I ran in doors just to get my hat.
RICHARD LESLIE . I am a police-sergeant. I was on duty about a quarter to ten o'clock on Sunday night, the 13th of January, and Hall gave me information—I took the prisoners, who were all together, and on the way James Geary was trying to drop this handkerchief from the tail of his coat—I took him to the station-house and searched him, as I thought minutely, but on the way to the cell, another officer saw another handkerchief drop from his trowsers.
James Geary's Defence. I was coming through King-street, and met two boys, who were not good characters, I know—they asked me if I would buy the handkerchief—I said, "No"—they then asked me to hold it for them—I went on and met my brother, and as we were going up Chandos-street, I saw the witness in an oyster-shop—I took the handkerchief out and showed it to my brother—I said, "See what a beautiful handkerchief it is," and then the officer took us—Watson is quite a stranger to us.
(Daniel Shifson, a shoemaker, of Marshall-street; Mary Stone, and Matthew Geary, their uncle, gave the prisoners Geary a good character.)
JAMES GEARY*— GUILTY . Aged 16.— Transported for Ten Years—To the Isle of Wight.
WILLIAM GEARY— GUILTY . Aged 18.— Confined Six Months.
WATSON— NOT GUILTY .
MARY ANN PILGRIM . I am the wife of William Andrew Pilgrim, he keeps a broker's shop in Old-street-road. On the 23rd of January, we had a table outside our house fastened with a cord—about ten minutes before eight o'clock I heard a noise—I went out and saw the prisoner going off with it—I overtook him, and took hold of the table with one hand, and his coat with the other—he put it down and ran off—before he got to the corner of the street he threw off his hat and knot—when he got to the corner he then kicked off his shoes—I caught him, but he got away from me and ran off—I saw him again in about an hour and a half—I said he was the man—he denied it—I asked him to pull his shoes off, which he did, and I felt the bottoms of his stockings were wet, which convinced me that he had been in the mud without shoes—I have no doubt whatever that he is the person.
Cross-examined by MR. PATNE. Q. How far did you go after him altogether? A. I should think about twenty yards—he bad not got above ten yards when I first took him—he then put down the table, and I followed him—I saw him again at the next house to mine a few minutes before nine o'clock—he all along denied that he was the person.
MR. PAYNE called the following Witnesses—
CHARLOTTE SPITTLE . My husband is a French polisher and broker, and lives at No. 52, Old-street, St. Luke's. I remember the night on which the prisoner was taken into custody—he was at my house that night from half-past six till a quarter or ten minutes to nine o'clock.
COURT. Q. What was he doing? Q. Holding a candle for a bricklayer to set a stove, and giving him the bricks—the prisoner it a porter, and bad been working for me for a fortnight before—he occasionally carries a knot—I-know Mrs. Pilgrim's house—she lives opposite the hospital—I live four or five doors from Bunhill-row, about five minutes' walk from Mr. Pilgrim's—I was at home that evening all the time the prisoner was there—he never slipped out at all—he could not have gone out as I was minding the front shop—he does not sleep in my house, but he was there as a porter and to dean the goods—his know had been at my house two days before, but it was taken away the day before this, when he took a chest of drawers home, and the knot that was picked up was not his—his knot was an old one, a sort of drab colour—I saw it the next morning at the station-house—there were two knots, and they placed them on the table, and I told them which was his—I did not look at the prisoner's stockings—I know his shoes were very bad, and there was a hole in one of them—I do not know whether there was in both—he was at my house that evening from four o'clock, but I was down
there from half-past six till a quarter to nine o'clock—it was on a level floor with the shop, in a little back kitchen, that he was at work.
SAMUEL BRITTLE . I aw in the employ of Mr. Spittle. I was at their shop on the night the prisoner was taken—I had been there all day—I saw the prisoner there at a quarter before eight o'clock—I then went oat on my master's business—I came in again at twenty minutes past eight o'clock—when I went out the prisoner was helping the bricklayer to set a stove giving him the bricks and holding the candle.
COURT. Q. What makes you speak to a quarter to eight o'clock? A. It was the time I went out to go to Mr. Tucker's, in Half Moon-alley, to fetch a bedstead—I do not know what occurred in my absence—thee prisoner is a porter, and carries a knot—I do not know what colour it is—my master's house is not far from St. Luke's hospital—I could run there in a short time.
JAHES STEVENS . I am a broker, and live at No. 38, Old-street I remember the night on which the prisoner was taken into custody—was passing by Mr. Pilgrim's shop that night—I saw two persons—one of them had a table, and the other went towards Bunhill—I looked into Mrs. Pilgrim's shop—I did not see her come out, but I saw her overtake the man who had the table, and he got away, from her—I saw that man take off his shoes—that man was not the prisoner.
COURT. Q. Do you live in that neighbourhood? A. Yes—I have known the prisoner some time—he lives near me—I know he Is not the man who was carrying the table—that man was stouter, and stronger, and taller than the prisoner—I did not go before the Magistrate—that man took off his shoes and ran away—I took up the man's knot and cap—they were not the prisoners—he had a, drab long coat on, not at all like the prisoner—he was not at all like the prisoner in complexion of any thing else.
MR. PAYNE. Q. What did you do with the, knot? A. I took it to Mrs. Pilgrim—I think a boy at the corner with baked potatoes had the shoes.
(The prisoner received a good character.)
GUILTY , Aged 30.— Confined Six Months
680. WILLIAM SLOANE and HENKY GEE were indicted for stealing, on the 18th of January, 201bs. weight of coals, value 1s., the goods of Morris Frederick Fitzharding Berkeley; and JOHN GEE , for feloniously receiving the same, well knowing them, to have been stolen; against the Statute, &c.
THOMAS BOCK . I am butler to the Honourable Morris Frederick Fitzharding Berkeley—he is one of the Lords of the Admiralty Some coals were to be delivered to him—they came, and we began working at nine o'clock in the morning, and finished about, one or two o'clock—they were placed in the cellar of the Admiralty—Sloane was the person who carried them—the mode of delivering them, is by bringing, them up the river to Scotland-yard, and then sending me down to see them weighed in bags of a hundred and half each—they are then sent up to the Admiralty on men's backs, and I give them tickets, which the trimmer, I think takes of them.
EDWARD EVANS (police-constable A 55.) I was on duty at Whitehall) on the 19th of January, and watched the persons who were carrying the coals—I observed Sloane, he was a carrier—I saw Henry Gee, he was not a carrier—I saw Sloane go up with a sack of coals on his back—
Henry Gee stood on the pavement, and as soon as Sloane came up Henry Gee held out his apron, and Sloane lurched over the coals, and filled his apron with coals—Sloane then went up to the Admiralty, emptied his sack and was going up with another sack—Henry Gee stood in the same place on the pavement—he held his apron up, and Sloane did the same again with the coals—I then followed Henry Gee round the corner to his father's house, and he went to a heap of coals in the corner of the room, and emptied his coals out of his apron—his father, John Gee, was in the room at the time.
Cross-examined by MR. PRENDEROAST. Q. Did not Henry Gee's mother tell you to take him to the station-house? A. She said she was very willing for the boy to go—I did not take him at that time—I called for him afterwards—he was not at home—he and his father came down to the station-house, and surrendered themselves—I believe John Gee is coachman to Sir Henry Cass—he admitted that the boy had brought coals to the house, and then he was taken himself.
NOT GUILTY .
OLD COURT.—Monday, February 11th, 1839.
Third Jury, before Mr. Sergeant Arabin.
GUILTY .—Recommended to mercy.— Confined Six Months.
682. WILLIAM SMITH was indicted for stealing, on the 25th of January, at St. Pancras, 9 spoons, value 6l. 10s.; 12 forks, value 6l. 18s.; 1 ladle, value 7s.; and 2 knives, value 8s.; the goods of James Moore, clerk, in his dwelling-house.
MR. CLARKSON conducted the Prosecution.
ROBERT GOLLINOS . I am butler to the Rev. Dr. James Moore, who lives in Upper Gower-street, in the parish of St. Pancras. I know the prisoner, and permitted him, on one or two occasions, to come to the house, when we had things to clean up, believing him to be honest—he was there on the 25th of January—the plate in use was kept in a box, with green baize to it, in the pantry—the prisoner had access to the pantry, and had an opportunity of seeing it there—on Saturday morning, the 26th of January, I was reading in the newspaper of the loss of Mr. Platt's plate, in Russellsquare—I went up to my master, and pointed it out to him; and, in consequence of his directions, I went down to the pantry to bring up the spare plate, and found it was gone—I suspected the prisoner, and gave information to the police—the plate is worth from 15l. to 20l.—I had seen it safe in the pantry about a week before—I had no occasion to refer to it in the mean time.
WILLIAM GRIFFIN (police-constable T 31.) On Sunday evening, the 27th of January, I was on duty in Old Brentford, and saw the prisoner—I had just received information of Dr. Moore's robbery—I stepped up to him, and spoke about the distance he had come—we walked on, and when we got opposite the station-house, I said, "You must go over the way with me, I think you are wanted"—he said, "It can't be me, I am quite a stranger"—I said it was him—I got him into the middle of the road—he gave me a shove, and started away, saying, "I am not to be taken in this
way"—I ran after him about fifty yards, and had a sharp struggle for three or four minutes—I at last took him to the station-house, where he was questioned as to where he lived—he denied all knowledge of Dr. Moore's family, or his servants, or the neighbourhood—he was locked up—next morning I came to town, and took down the butler—I said to the prisoner, "Now, here is a person you have got a knowledge of; I have been to town, and brought Dr. Moore's butler"—he said, "Well, Robert cannot say I stole the plate, for he did not see me steal it"—name of tile plate has been found.
JOHN HARRIS . I am a labourer. On Sunday night, the 27th of January, I was locked up in Brentford cage, for sleeping out in a shed the night before—the prisoner was brought into the cage while I was there—I asked him what he was there for—he said he had done wrong, and that he would hang himself—he asked me if I knew he was a black mail—it was dark in. the cage, and I could not see—he then went up to the door, and tied a handkerchief round his neck, preparing to hang himself—there was light by the door, from a candle outside—I said he must not do it there, and prevented him—he then told me he had taken some plate from Dr. Moore, No. 16, Gower-street, that it consisted of forks and spoons, and he had sold it to a private person for 4l.—I never heard of Dr. Moore or Gower-street before.
Prisoner's Defence. He has taken a false oath—when I was taken to the cage, he asked me what I was in for, and I told him it was on suspicion of what they had taken me up for—I gave him a handkerchief to tie round his neck, as he was in a very bad condition, and said he had had hardly any thing to eat since Thursday—I asked him to go next day to a public-house in Charles-street, Soho, and tell the, servant there to send me some money, as she had 1s. or 2s. of mine, and that is all the conversation I had with him.
GUILTY . Aged 28.— Transported for Ten Yean.
GEORGE FREDERICK POWER . I am in the employ of Messrs. John Pear and Co., of Chiswell-street. On the 7th of January, about half-past five o'clock in the afternoon, I saw the prisoner and another coming along—there was a horse and cart standing at our door—I saw the prisoner take a coat off the horse's back, and give it to the other boy—they both ran away—I pursued, calling "Stop thief"—the other escaped—the prisoner was taken in about five minutes—I am sure he is the same boy.
Prisoner's Defence. A boy gave me the coat.
GUILTY . Aged 14.—Recommended to mercy,— Confined Three Weeks.
Before Mr. Justice Vaughan,
MR. BODKIN conducted the Prosecution.
Shoreditch. On Friday afternoon, the 24th of January, I was passing in a private road, near the New North-road, at Hoxton—my attention was called to a ditch, and on looking into it, I saw the head of a child lying, with its face upwards—there was very little water in the ditch—it was muddy—the face was partly exposed, and partly covered—it laid sideways—about two or three feet from the head, I saw a newspaper, containing the body of a child—the left arm was off the body, and the head was off also—Mr. Preedy, a medical man, came up, and the head and body were taken to the station-house, by his order—about nine o'clock the evening before I had been near that same spot, and saw a person two hundred or three hundred yards from the spot—she was going from there, towards the canal—she saw me, and altered her direction, and went towards the spot where the body was afterwards found—she had something in a basket in one hand, and something in a blue bundle in the other—I could not see her face exactly, for her hair was over her face—she appeared in a distressed state—I could not swear to her—the basket she had was just such a one as this —(looking at one)—it was very dark then.
ELIZABETH REEVE . I am seventeen years old. I am no relation to the prisoner—I was in the service of Jones and Chatfield, in January, as housemaid—the prisoner was cook—I had been there two months, within two or three days—I slept in the same bed with the prisoner—nobody else slept in the same room—one evening, I do not know the day of the month, my master had a party to tea and supper—I had noticed something particular about the prisoner before that—we all noticed it—I spoke to her about it about a week before the party—I told her she looked very large, and that she was in the family way—she strongly denied it—on the night of the party she went to bed, about half-past nine or ten o'clock—I went between eleven and twelve o'clock—she was in bed when I went in—a few minutes after I had been in bed, she got out, and exclaimed, "Good God, I cannot lay"—she said nothing else—I did not speak to her—she seemed to be in pain, and very ill—I did not ask her what was the matter, or speak to her at all—I do not know what she did after she got out of bed, but the bed shook very much, and she went out of the room several times—I went to sleep after she went out of the room—she did not go out directly she got out of bed—she stopped near the foot of the bed some time, and then went out—she went out of the room two or three times before I went to sleep—that occupied, I should think, ten minutes, or it might be a little longer—I heard somebody cry, as it sounded to me, like a child—it was similar to a child crying—I have said that I could not tell whether it was the cry of the mother, or the child, exactly, as I would not be positive—I heard this cry, similar to a child—I should say it appeared the cry of the child, more than of the mother—I did not hear her get into bed at all that night again—she was not in bed when I heard the cry—I did not find her in bed when I awoke the following morning—she called me up at our usual time, seven o'clock—she was then up and dressed to the best of my recollection—I believe she did not come into bed at all that night again—there was a frock of mine hanging at the foot of the bed that night—I had occasion to put it on that afternoon—I did not find any thing on it when I put it on, but I went into the shop, and a strange woman called my attention to it—I then found there was a good deal of blood about the back of the frock—I spoke to the prisoner about it, and said it must have been her, as no one else could have done it—she said it was
either a chicken or a rabbit, I will not be certain which—we had had chickens or rabbits for the company—I said nothing more to her about what occurred that night—she did not seem very well that day—she went about her business pretty well, but did not seem well—there is a dust-hole at the back of my master's premises, in a saw-pit, I believe—I saw her there the day after this occurred, between two and three o'clock, but did not see her go there—she was there a good bit—it might have been half an hour, and was knocking the ashes about—she said she was looking after the blacklead brush that we had lost—I remember her being taken into custody—I sat next to her at Worship-street, while she was waiting to go before the Magistrate—I was in custody also—I said to her, "Jane, was it not the child I heard cry in the night?"—she said, "No, it was me in such pain"—I was very sleepy that night—I spoke to Mr. Woodcock, one of the shopmen, about this, before the policeman came to the house—it was after a be bad been made by one of the shopmen that she had been in the family way, and one betted she was not.
Cross-examined by MR. CLARKSON. Q. I take it for granted yon must have been very sleepy that night, as you did not offer assistance? A. I was very sleepy on account of having company—I have but a very imperfect recollection of what passed after she cried out that she could not lay—she did not appear in a wild state when she said it—she seemed in pain—I did not take notice of her, I thought she would be better in the morning—I had told her before that I thought she was in the family way—all in the house thought so—I never said anything about any cry till I was taken into custody—I believe my master sleeps with his door shut—when we have gone up in the morning it was always shut—I do not know whether it was open or shut that night—the head of our bed comes close to the door of our room—my master sleeps up one flight of stain—our room is close to the sitting-room—it is all on one floor—the parlour is up two pair of stairs, and master sleeps one pair of stairs beyond that—I went to bed before my master—our room and the parlour-doors face each other—they are separated by a very narrow passage—the company was not gone when I went to bed—mistress had sent me to bed—she was up, and all the company in the parlour, when I went to bed—it was directly I got into bed that the prisoner exclaimed, "O God, I cannot lay"—at that time my master was sitting in the parlour close adjoining our room—I was not many minutes undressing and getting into bed—the prisoner made a very extraordinary kind of noise before she said what she did—I thought she was ill—I did not expect she was in labour—I was too sleepy except to know that she cried out, and made an extraordinary noise.
COURT. Q. What sort of floor has the room? A. A boarded floor, and no carpet—there is a fire-place, I believe that is blocked up, and the head of the bed comes close by the fire-place.
MR. BODKIN. Q. Is it a stump bedstead, or are there curtains to it? A. No curtains—the posts are level with the bed—it is called a stump bedstead, and it is about the common height from the ground—I did not observe any blood on the floor.
ANN CHATFIELD . I am the wife of Edward Chatfield, and live in the City-road. The prisoner was in my service for five months before this happened—I noticed she was rather stout—she looked the same size all the time she had been with me—I asked her what was the reason of her getting so stout, if there was any thing the matter with her—she said
"No"—I asked her if she was inclined to be dropsical—she said "No"—on Monday, the 13th or 14th of January, we had company to tea and supper—the prisoner went to bed about ten o'clock that night—eleven o'clock was the usual time—we supped at half-past nine o'clock—the witness Reeve came to me at eleven o'clock, and asked leave to go to bed, and she went about ten minutes or a quarter past eleven o'clock—we remained up with our friends until one 'o'clock—we were in a room not four feet from the door of the servants' bedroom—there were seven of us—we sat in the room with the door open for three-quarters of an hour, between twelve and one o'clock—the party left at a quarter past twelve o'clock, but we expected some of them to return—we sat with the door closed until a quarter past twelve o'clock, and then sat with it open for three-quarters of an hour—this is on the first-floor above the shop—there is only a narrow passage about a yard and a quarter wide between the two rooms—the doors of both rooms are exactly opposite each other—I heard nothing to induce me to suspect any thing extraordinary was taking place that night—I was not aware of any body coming into the passage after they went to bed—on Wednesday, the 30th of January, something was discovered in the dust-bin of our house—in consequence of what then transpired, I took the sheets off the prisoner's bed, and found them stained with blood—the prisoner and the witness were then in custody.
Cross-examined. Q. From whom did you have the prisoner? A. Mrs. Pickering, in Moorfields, who she had lived with fifteen months—I had a very excellent character with her—up to the time of this occurrence she deserved that character, and indeed almost more than the lady gave her—I always found her a kind-hearted, humane girl—she is about twenty—a very hard-working girl, and very willing, very kindly-disposed—I would not have parted with her almost for the world—she went about her business as usual—she was up next morning—we breakfasted at a quarter past eight o'clock as usual, and attended to her work—I did not see the contents of her boxes, but they were searched.
COURT. Q. If the child was born before one o'clock, were you so near that you must have heard it? A. I must have heard it; or if the bedroom door had opened I must have heard it—it struck one o'clock as I got into bed.
MR. BODKIN. Q. When you say you must have heard the door open, do you allude to when your own room door was open? Yes; I must have heard it open or close at any time while I was in the parlour, because we were very quiet.
COURT. Q. What distance is your bed-room from theirs? A. Up another flight of stairs, not over theirs—I heard Eliza go to bed, and heard her close the door—I did not hear it open—we were making a noise when taking the supper things away—their door will not shut very easily—I do not remember whether the prisoner went out the evening after the party—this is my basket—(looking at it)—it was used to fetch potatoes in—the prisoner very rarely went out for any thing—there is a stain on it, but I know that stain has been there for months.
DONALD HUGH SUTHERLAND . I am porter to Messrs. Jones and Chatfield. At the latter end of January I was clearing out the dust from the dust-hole, in the back yard, and found the arm of an infant, covered over with dust—I communicated it to my master—Robinson, the police inspector, was sent for, and the arm was delivered to him.
the 30th of January I was sent for to Jones and Chatfield's, and took possession of the arm of an infant, which was in the dust-hole—in consequence of what was said to me, I went into the kitchen to the prisoner—I found her there, cooking some meat—I told her I had come to speak to her about the child—she hesitated a little, turned her head towards me, and said, "I know nothing at all about it"—I went round the table towards her, and told her I charged her with the wilful murder of her infant child, and it was a very serious thing for her; I would advise her to be careful what she aid, but I should rather she said nothing at all—she then said, without ray putting any question, or saying any thing more, "It would have been three weeks old—but it was dead"—I told her I had found the arm in the dust-hole—she said I should find the Test there too—I took her into custody, and took her to the station-house—I asked her how long it was ago, if she could recollect about the time—she said she could not—I asked her if it was a week—she said more than that—I asked if it was a month—she said, "No"—I then returned, and searched the dust-bin, and found something there, which I delivered to Mr. Leeson, the surgeon, with the arm—I took the witness Reeve into custody, after I returned the same day.
WILLIAM GROVE . I was a sergeant in the police; I am now an officer of Worship-street. On the afternoon of Wednesday, the 30th of January, I was in the waiting-room at Worship-street, where the prisoners are placed previous to going before the Magistrate—the prisoner, and the witness Reeve, were there with a policeman—I said to the policeman, "Are these the two parties charged with murder, that Mr. Robinson has in custody?"—he said, "I don't know"—that induced me to say to the two prisoners, "Are you the parties charged with this horrible murder, where the child was found in the ditch?"—the witness Reeve said, in a low tone, but sitting so close, the prisoner must have heard it, "Not me, but" (pointing to the prisoner on the left side) "this one"—the prisoner immediately said, "The policeman charges me with murder, but I am not guilty, for the child was still-born"—she then added, "I put it in the ditch, but its head was not off then"—on the following day I searched her box at Jones and Chatfield's, and found some linen and articles, which appeared to have been recently washed—I found no preparation for the birth of a child—there were several aprons, which appeared to have been recently washed, they—were rolled up, and put away quite wet, there was no baby-linen whatever—in the prisoner's bed-room there appeared to be a stain of blood on the wall of the chimney, which is close to a little sideboard—the bed had been taken down when I was there, but the foot of the bed must have come towards that part where the blood was—I think Mr. Chatfield staled to me where the bed had been—the stain was, I suppose, two feet eight, or three feet from the ground—it was not done by a bloody hand—it appeared to have run down from a small sideboard in the recess, as if something bloody had been put on the sideboard.
MRS. CHATFIELD re-examined. The recess spoken of is near where the foot of the bed was—there are two recesses—the hearth-stone is between the two at the foot of the bed, not at the head—the foot of the bed came close to the hearth—a person sitting at the foot of the bed would be close to the hearth-stone.
police van which takes prisoners to and from the police-office—on the 1st of February I brought the prisoner from the New prison to Worship-street for examination—it is my duty to be inside—when she first got into the van she complained of being very cold, not having been near a fire since I had taken her down to Clerkenwell—I asked her the reason why—she said there were some old women in the house that called her a Greenacre, and said she had cut her child up—that at the anxiety of the moment, not knowing what she was about, she had pulled the child to pieces in the bed with her hands—she said, though she was gone her full time, she supposed the child had been dead two months before the delivery—she asked me if I knew the young woman that was coming up that said she heard the child cry—I told her I did not know any thing about her—she said she was confident she could not hear the child cry, on account of her going to bed very tired, having been up the night before—she said she had a light the whole of the time—she said she heard there was a head found somewhere in a ditch, but she could not think how it came there.
HARRIETT HAYWARD . I am the wife of a policeman of the G division, and am accustomed to search female prisoners. On the 30th of January the prisoner was brought to the station-house—I searched her, and found a bunch of keys and two penknives on her—she said, "You do not want these" speaking of the penknives—I said, "Yes, these are what I do want"—she said, "Well, take them, I have done it, and it cannot be undone"—I produce the knives.
CHARLES JAMES PRBEDT . I am a surgeon, and live at Pentonville. On the 24th of January I was passing by the New North-road, Hoxton—my attention was called to part of the body of a child found in a ditch—I delivered it to the policeman No. 121—it was the trunk, with the exception of the left arm, and the head, which was detached—I desired it to be taken to the station-house, but it was taken to the house of Mr. Coward, a surgeon, in the neighbourhood—I afterwards saw an arm fitted to the body, and the head, and am decidedly of opinion it all formed one body—I have no doubt at all of it—it was perfectly fresh—it might have been dead a few days—I think decomposition does not go on so rapidly with new-born children as others—my impression is that the arm was taken off by a sharp instrument—the tearing an arm of a child off would be attended with some difficulty, but would not be very difficult after decapitation—I am certain that both the head and arm were separated by a sharp instrument—there was a division of the cartilage by a sharp instrument—the decapitation took place after death decidedly—both had evidently been severed after death—I noticed a contusion on both sides of the head, on the parietal bone, and on the temporal or frontal bone on the left side—I was enabled to make a more minute examination afterwards at Mr. Coward's—I have no doubt those contusions were inflicted during the life of the child—that is my opinion as to all the contusions I observed about the head—there were dark blue and black appearances externally, ecchymosis—I thought I could feel extravasation—that is, it was given during the circulation of the blood—there was also a bruise on both sides of the body, and slight ecchymosis spots on different parts—I confined my observation more particularly to the head—on the following day the body was opened by Mr. Coward and myself, and on a subsequent day Mr. Leeson was present—I opened the head, and found very great extravasation between the scalp and the bone, and a further extravasation on the brain—I examined the bones of the
head, and found both the parietal bones, the temporal right side, and the frontal bone on the left side fractured—that appeared to have been produced by the external violence the child had received.
COURT. Q. I dare say you have known instances of children delivered without assistance being given to the woman, and the child falling on a hard substance? A. A child might receive a fracture of the skull from something of that sort very possibly, presuming the woman to be standing in an erect position—assuming the prisoner to have been delivered of the child, and it having fallen on the hearth-stone or boards, the skull might possibly be fractured in that way.
MR. BODKIN. Q. Do you think such an occurrence would satisfactorily account for all the appearances of the head? A. Certainly not—I do not think that would fracture the several bones that were fractured—it is possible, but not probable—I think it possible if she had dropped the child twice it might account for the fractured bones, but it is pot probable—I proceeded to open the chest—the lungs were not at all decomposed—I took them out and put them in water, and they floated—I should imagine from the general appearance of the lungs that they had been properly inflated—I have heard of children living two or three days and not having their lungs thoroughly inflated, but never knew of such a case—these appeared thoroughly inflated—there have been cases where the child has respired, and yet died before it left the mother—that is very common—it might be from the pressure on the umbilical cord, the weakness of the child, and other causes—I should rather doubt the circumstance of the lungs being inflated being a certain test that the child was born alive—the hydrostatic test may have been a good deal blown upon, but I still have a great opinion of it, not that I should like to stake the life of a fellow-creature on it—I do not think I should rely on that alone—children frequently receive injuries on the head during delivery—I do not think I could refer the injuries I saw to that—it appeared to have arrived at the proper period.
COURT. Q. Might not the mother, having no assistance, by compression of her own hands very innocently destroy the child? A. She might produce external marks—I imagine that putting her hand round the child's neck during labour, would produce external marks—if it occasioned death, I think the marks of the fingers would be plain—I think if there had been, pressure on the skull at that time, the bones would lap over, but they would resume their position immediately—by the shape of the head I think no extensive pressure was used—I think it rather doubtful whether a fracture would be produced by the woman endeavouring to assist herself by compression of the hand on the skull.
MR. BODKIN. Q. Do you mean to say it would be possible for a woman taken suddenly in labour, without assistance, in her struggles to deliver herself, to cause the fractures found in this child? A. Not by endeavouring to deliver herself—I attribute death to external violence, producing the extravasation of blood on the head—the appearances could not be produced by compression of the hands of the mother—I have not the slightest doubt that the child was born alive—it was decidedly born alive, in my opinion.
COURT. Q. You mean it had undoubtedly respired—the lungs were fully inflated? A. Yes.
MR. BODKIN. Q. Were you shown the placenta? A. Yes, it was
rather in a decomposed state, but it assisted our inquiry, because I imagine that the circulation had been kept up between the mother and child to the time of birth, but that is conjecture.
Cross-examined. Q. I suppose you have had opportunities of witnessing a great many deliveries A. I have—I have known instances of self-delivery before assistance could be got, where the parties have been in good circumstances—I have seen cases where the act of parturition has been attended by total absence of mind, but they are not numerous—I have, on one occasion, had under my own notice a mother, in perfectly good circumstances, manifesting an eagerness to destroy her child—the mother, in that case, was at times, not in a condition to know what she was about at the time—I had delivered that person myself—I gave the nurse instruction to take the child from her, to prevent the possibility of a repetition—these things would be just as likely with medical assistance as in self-delivery—the effect of fear and shame, the woman not being married, would, no doubt, have additional effect on the mind, I have HO doubt it might produce almost insanity—the head of the child was not at all decomposed when I first saw it—it exhibited slight signs of decomposition externally, when we commenced the internal examination—that was about the face—it was merely discoloration—a child falling down would be one of the means of producing ecchymosis—ecchymosis is a strong proof of vitality, it shows that, at the time of receiving the injury, there was circulation of the blood—it does not show the means by which the violence was inflicted—I do not know that it has been the result of experiment in France, that a new-born child falling from the mother, not more than eight inches, on a hard floor, has almost invaribly fractured the skull, but it is possible—in this case the umbilical cord would be quite long enough to admit of the child falling to the ground—it was unusually long—I should say it was a yard long—supposing the mother to have got out of bed, and stood in a posture to deliver herself, and the child to have fallen on the ground, it would certainly not be unlikely to produce a fracture—it is by no means impossible—if she had stamped her foot on the head in her agony it would have been likely to produce such a result—I do not say it is probable—if she had her shoe on it would be more likely—I think it possible, but not probable—the umbilical cord was not secured in this instance—there is a chance, under those circumstances, of the child bleeding to death, but it is not certain—if left any length of time, the blood is attracted into another channel often—it was broken, I should think, about eight inches from the placenta.
MR. BODKIN. Q. Would the appearances have been what they were, supposing the child to have died from loss of blood from the umbilical cord? A. Certainly not
COURT. Q. Supposing her to have gone in and out of the room, being delivered on the stairs, and the child having rolled down the stairs, do you suppose that would at all account for the fracture on both sides of the head? A. It is barely possible—I believe the child to have been born alive, and that death was occasioned by external violence, but the mode in which it was received is matter of conjecture.
GEORGE WILLIAM HENRY COWARD . I am a surgeon, and live in New North-road. The trunk and head of the child were brought to my house—I noticed the external appearances, and afterwards assisted Mr. Preedy
in the internal examination—I have heard his evidence, and agree with it in all respects—I have nothing to add to it.
COURT. Q. You agree with him in the possibility of the thing happening in the way suggested? A. The only possibility I can form is, the child dropping from the mother, and she in her hurry taking it up again, and it falling again—that might account for the injuries done to the head—falling on the stairs and rolling down might possibly account for it.
Cross-examined. Q. Have you known, in deliveries of some difficulty, a fracture of the parietal bone without a fall? A. I have not seen one—it is possible—I have heard of a child being dropped on the machine of a water-closet and being destroyed—the weight of the child would easily break the skull—I think compression of the hand on the head by a woman delivering herself would produce marks of violence, but I think not fracture the bone—it might, if pressed on the brain, produce death by rupturing a vessel, without breaking a bone, and there would be the appearance afterwards of extravasated blood—there would not be the same ecchymosis appearance—there would be ecchymosis.
JOHN LEESON . I am surgeon to the police. I was sent for to the station-house by the Inspector, on the 30th of January, and saw the prisoner there—I made an examination of her person—she did not object to it—I ascertained that she had been recently delivered of a child—I asked her if it was not so?—she said "Yes"—I had seen the arm of the child at the station-house—I asked her if the arm of the child I had seen was any portion of the child of which she was delivered—she said "Yes".—I asked her where the other remains of the child were to be found—she said, "where the arm must have been found"—she said the child was still-born—she said she suffered for a considerable time preparatory pains, but that ultimately she was delivered in a short time—I assisted the other gentlemen in the examination of the body—I have heard their evidence, and concur in it to a very great extent—I do not suppose the whole of the fractures being so extensive, could have occurred from the mere circumstance of the child falling on the floor or any hard substance—a portion of them might have occurred so—I should think it improbable, but not impossible, that it might happen by her being delivered on the stairs, and the child falling down several steps.
COURT. Q. Or, supposing her to have been delivered in the bed-room, and in taking the child away, it had fallen out of her hand down stairs, might it receive such an injury? A. It might—I have examined the bed-room, which is a very small room, and there is but a very small space unoccupied—had she been delivered within a small space without a: light, it is not at all improbable that she might have trod on the child's head, from the smallness of the space between the bed and the wall—I, think the weight of her body on the head of the child would produce the fractures I have seen, without any such intention on her part—it is very probable she might have trampled on it—it k very probable that putting her foot on the head would produce all the fractures I have seen—there, were ecchymosis appearances on the arm which was severed from the body—these appearances might be produced in her effort to tear the child from her—there was no appearance about the child that I could not refer to the possibility of its having occurred in the way stated.
GUILTY of Concealment. Aged 21.— Confined Two Years.
685. EDWARD KELLY and JAMES ALLNUTT were indicted for feloniously breaking and entering the dwelling-house of William Fowler, on the 17th of December, and stealing therein, 2 gowns, value 1l.; 4 shifts, value 16s.; 7 handkerchiefs, value 1l. 9s.; 2 shirts, value 6s.; 1 pair of boots, value 5s.; 1 pair of bracelets, value 5s.; 1 eye-glass, value 6s.; 1 night-gown, value 5s.; 1 hat, value 4s.; 1 miniature and case, value 14s.; 1 jacket, value 16s.; 1 pair of trowsers, value 14s.; and 1 waistcoat, value 10s.; his goods.
MR. PAYNE conducted the Prosecution.
JANE FOWLER . I am the wife of William Fowler, and live in Brewer's-row, Brewer's-green, Westminster—he is a messenger at the Globe Insurance-office. On the 17th of December, about a quarter before five o'clock in the afternoon, 1 left the house, leaving my son in it—I left all the drawers shut, but not locked—the key was inside the bottom drawer—the room doors were not locked—I fastened the windows—I came home a little after ten o'clock at night, with my son and husband—my son opened the street door, and when we got into the parlour the drawers were all open, and a candle which I had left in the room was burnt out—I had not left it burning, but it was gone—I missed the things stated—(looking at a handkerchief)—this is my handkerchief—I had left it in a small drawer—I know it by the hemming, which is much paler than the handkerchief itself—it was marked, but the mark has been picked out—I have had it three years, and am sure of it—I did not hem it myself—the outer door was not broken open, nor any door.
FREDERICK FOWLER . I am the prosecutor's son. I went out five minutes after my mother, and shut the street door after me, I am sure—it has a spring lock, and catches without locking—I took the key with me—when I came back at night with my mother, I found the door fast as I had left it—I unlocked it, went in, and missed the things—this is my hat—(looking at it)—I had had it two months—it was left in the house when I went out—I know it by two marks on it, which were done in the park one Sunday afternoon, and also by a piece of paper which the maker put inside under the lining, to make it fit as it was too large—it is still here.
Cross-examined by MR. PRENDEROAST. Q. What are the marks on the hat? A. Like two finger marks—it was done with an iron railing.
Cross-examined by MR. DOANE. Q. Did you find the door in the same state as you left it? A. Yes.
WILLIAM BRIMER PYOTT . I am shopman to Mr. Richards, a pawn-broker, in Bridge-road, Lambeth. This handkerchief was pawned, with a little cotton frock, by Mary Allnutt, on the 27th of December, for 2s.
MARY ALLNUTT . I am just ten years old, and am the prisoner's daughter. I do not remember going with this handkerchief to Mr. Richards's—I used to go with my mother's things to pawn—I do not know the Lord's Prayer—people who tell lies go to hell—I never received a handkerchief from my father—I do not know that I ever carried this handkerchief to the pawnbroker's for my mother or any body.
Q. You have heard the witness say you brought this handkerchief and a frock; is it true or false? A. I do not know—I have taken things to him—I did not take the handkerchief and receive any money from him.
W. B. PYOTT re-examined. That is the girl who pawned the handkerchief and frock with me—I did not ask her who she brought them from, as I had known her father and mother some time—I always understood
her to be the 'prisoner's daughter—she pawned it in the name of Am Allnutt, Felix-street.
JAMES BROOKS . I am a policeman. I took Allnutt into custody 01 Sunday, the 6th of January, in Elliott-row, St. George's-road—he lives in Felix-street—when I took him he dropped nine keys, which I picked Up—five are skeleton keys—one of them opens the door of the prosecutor's house—I went the same evening to a house in Duck-lane, Westminster, which Collard pointed out to me, and found this hat on the bedstead.
Cross-examined by MR. PRENDERGAST. Q. Did you not take another person into custody? A. There was a lad, named Smith, apprehended with the two prisoners, who claimed the hat at the police-office, but at the next examination, he denied knowing any thing about it—he was not taken on this charge.
Cross-examined by MR. PREHDERGAST. Q. Do you not know that the other person who was apprehended lived in the house also? A. No—I have known the house three or four years, and never saw the other person there—I do not know him—that person did say the hat was his in my hearing.
NOT GUILTY .
686. JAMES ALLNUTT was again indicted for feloniously breaking and entering the dwelling-house of Judith Knight, on the 29th of December, and stealing therein 1 gown, value 8s.; 2 lbs. weight of pudding, value 1s. 6d.; and 7d. in half-pence; her goods and monies; against the Statute, &c.
JUDITH KNIOHT . I am a widow, and live in Bloomsbury-street, Vincent-square. On the afternoon of the 29th of December, I left my house about half-past three o'clock, leaving no one in it—I shut and locked the street-door—I returned about eleven o'clock, and found the street-door open, a light burning in my room, and the property gone—this is my gown—(looking at it.)
WILLIAM BRIMER PYOTT . I took in this gown of the witness Mary Allnutt, on the 4th of January, for 5s., in the name of Ann Allnutt—the family are regular customers, and have often pledged things before—the prisoner, has taken out things which they have pledged—they sell gingerbeer, fruit, and theatrical bills, in the street—I am quite certain the witness is the girl that brought this gown.
MARY ALLNUTT . I did not take that gown to Mr. Pyott—I was with my father when he bought a gown of a woman in Petticoat-lane in the Christmas week—I do not know whether this is the gown—I do not know whether I took the gown to Mr. Pyott, and got 5s. on it—I do not know whether I took any gown, and got any thing on it—I do not know whether I went before any gentlemen in a room in another part of this building—I do not know whether I told them any thing about a gown.
NOT GUILTY .
687. EDWARD KELLY was again indicted for feloniously breaking and entering the dwelling-house of William Patrick Gray, on the 26th of December, at St. Mary Lambeth, and stealing therein, 3 coats, value 3l.; 4 waistcoats, value 2l. 10s.; 3 shawls, value 2l.; 1 apron, value 4s.; 4lbs. weight of pudding, value 3s.; 7 spoons, value 1s.; and 5 pieces of velvet, value 2s.; the goods of William Nowell: and 1 pair of trowsers, value 1l.; 1 hat, value 10s.; 1 coat, value 2l. 10s.; 1 waistcoat, value 10s.; 1 shirt, value 3s. 6d.; 2 handkerchiefs, value 11s.; 1 half-sovereign; and 2 half-crowns; the goods and monies of Thomas Lapthorne.
WILLIAM NOWEIL . I lodge in Roupel-street, Cornwall-road, Lambeth, in the house of William Patrick Gray—my wife and I occupy a sitting-room and sleeping-room on the first floor. On the 26th December, I left the house between eleven and twelve o'clock in the morning, leaving my wife at home—I returned about half-past nine o'clock with my wife, opened the door with a key, and went up stairs—I found both rooms had been opened, the drawers forced open, and things strewed about the place—I missed several things—I gave the policeman a list of what I lost—the doors had both been locked—the hat belongs to Lapthorne, a lodger.
MARY ANN NOWELL . I am the prosecutor's wife. On the 26th of December I went out, about three o'clock in the afternoon—I locked the bedroom door, and put the key on the table in the sitting-room—I then locked the sitting-room door, and put the key on a box on the landing, and covered it over with a cloth—I returned with my husband, and found the key where I had left it—we missed the things stated.
THOMAS LAPTHORNE . I lodge in the same house with Mr. Nowell. On the 26th of December, I went out about seven o'clock in the evening, and returned about ten o'clock at night—I found my box broken open, and a suit of clothes, a half-sovereign, and two half-crowns gone—this is my hat—(looking at one)—I am quite sure of it—it had been in my box which was broken open—I had had it two or three months—it was too large—I had drawn the lining tight to make it fit, and that tore the holes—I also stained it on the crown with beer—I have no doubt it is mine.
Cross-examined by MR. JERNINGHAM. Q. Where are the stains? A. Here, very plain, (pointing them out,) and here are the torn holes—I told the officer before I saw it that if it was my hat it had stains on the crown and the holes torn—the hat I now wear was bought of the same person, and both hats have the same person's mark inside—I am sure it is mine.
CHARLES BURGESS GOFF (police-constable L 31.) I took the prisoner into custody on the 6th of January, in Elliott-row, St. George's-road. I found this iron bar in a pocket inside a rough coat he had on—he said, "It is only a piece of old iron I found"—he had the hat produced on his head—I afterwards showed it to Lapthorne, who said it was his—I went to Mr. Nowell's house, and on the bed-room door were marks of some instrument—eleven marks above the lock, and two or three underneath, between the door-post and door—I compared this piece of iron with the marks, and they corresponded—there was something black on every mark there, and on this bar there is black, as if it had been in the fire—Lapthorne described his hat minutely to me before he saw it—the prosecutor's house is in the parish of St. Mary, Lambeth.
GUILTY .* Aged 22.— Transported for Ten Years.
MR. PHILLIPS conducted the Prosecution.
CHRISTOPHER THOMPSON . I am the son of Charles Thompson, a farmer, at Luton, in Bedfordshire, which is thirty-one miles from London. On the 28th of January his mare was safe in the stable, which was not locked—I missed her next morning about four o'clock, and found her the same morning about nine o'clock at the Cock, at Holloway, behind a hay cart—I am sure it was the same mare—my father had hid her four or five years—she was seven or eight years old—I had seen her safe about two o'clock the previous afternoon.
THOMAS SMITH . I am servant to Mr. Tomlins, a farmer, at Barton, near Elstree. On the morning of the 29th of January, about eight o'clock, I saw the prisoner near Holloway, with a mare—I did not know him before—he asked me if I would take her through the double gates at Islington, as he wanted to go somewhere and could not take her with him—I took her, and he promised to meet me at the double gates—I cabled at the Cock, at Holloway—I tied the mare behind my cart and there it stood—when I got to St. John-street I saw the prisoner, and he nodded his head to me to go on—he was apprehended directly afterwards.
WILLIAM NIFTON . On the 29th of January I saw the prisoner at Islington—I knew him before—he asked if I was out of employ, and said if I was he could put half a sovereign or a sovereign in my way—that he had got a good horse worth 9l. or 10l. coming up behind a hay cart, and if I could dispose of it for 4l. or 5l. he would give me a sovereign or a half sovereign—I declined it, and went to the station-house and gave information to the police—I saw him again in St. John-street, and said I thought I had a customer if it was a good horse and cheap—he said it was actually a good one, and he could afford to sell him cheap, as he had him as other people had, for fetching—he told me the first time when J declined to dispose of it for him, that he must go to Robinson's, in Sharp's-alley, and he would soon knock it off for him—I am in the china business as warehouseman—I knew the prisoner when he lived at Barton, about six miles from Luton—I saw him apprehended.
Prisoner. I never stole the horse.
JAMES TIMMS . I produce a certificate of the prisoner's former conviction from the Clerk of the Peace of Bedford—I know the prisoner to be the man named in it—I was present at his trial in 1835—I was policeman at the time—(read.)
GUILTY . Aged 18.— Transported for Life.
Second Jury, before Mr. Recorder
GUILTY . Aged 19.
(The prisoner was most strongly recommended to mercy by the prosecutor, having behaved well; and there were several witnesses in attendance to give her a good character.)
Confined Fourteen Days.
690. GEORGE WALKER and WILLIAM WALKER were indicted for stealing, on the 21st of November, at St. Leonard, Shoreditch, I watch, value 20l.; 1 watch chain, value 1s.; and 1 watch-key, value 6d.; the goods of George Waite, in his dwelling-house.
GEORGE WAITE . I am independent, and live in a house of my own in Weymouth-terrace, Hackney-road, in the parish of St. Leonard, Shoreditch. The prisoners took the house of me—George is the father, and William the son—George's wife took the house—I have received no rent—the wife was to pay the rent for William or George—there was no agreement in writing—I agreed with them to have a room in the house free, and they were to pay me 18l. a year—I believe Mrs. Walker was to be my tenant, because Mr. Walker never resided with her—on the 21st of November the prisoner William came up stairs to me with part of a blind, which he said his father intended to sell or pawn, and he could not because it was only half a one—he was there about half an hour—I went to bed about eight o'clock—I locked the room door, and thought he was gone, but he must have crept under the bed, and I locked him in—I put my gold watch on the table before I lost sight of him, but I saw it when I went to bed—I missed it in the morning as soon as I get up, and found my door unlocked, which I had left locked—I went down, and the prisoners had just gone out—they came to the house again—the father was taken into custody the same day, and the son gave himself up two or three days after—I spoke to George Walker about the watch, and he said his son had taken it, but he had pawned it—I did not make him any promise at all—the son has had a bad example set him.
William Walker. I did not come back for nearly three months afterwards, and when I came Mr. Waite sent a person to say that he would freely forgive us if we said where it was Witness. I did not—I told him myself that the police would be called in to take them—the father said he cared nothing about the police or me, he would remain in the house—I did not say I would forgive him—he was taken out immediately by the police—Mrs. Walker waited on me in the house—George did not live in the house, but he had support from the wife.
JAMES GOLDEN . I am in the service of James Franklin, a pawnbroker, in Tottenham Court-road. On the 22nd of November the prisoner George Walker pawned this gold watch at our house in the name of John Wilson for 7l.—it is not worth more—it would not fetch 7l. 1s. in the trade—he came again two or three days after for more money on it, which I refused.
HENRY ALLEN (police-sergeant N 21.) I was called into the prosecutor's house on the 5th of January—the prisoner George was in the back parlour—the prosecutor came down, and gave him into custody, and charged him with the robbery of the watch—he replied, "I know I have done wrong, but I did not steal the watch, I pawned it in Tottenham Court-road"—I found on him a small memorandum relating to the alteration of the duplicate—(read)—"31st December, 1838, memorandum—change the name of John Wilson, City-road, to Phillips, Windsor-place, for gold watch pawned for 7l. in consideration of 1l."
HENRY WILLIAM DUBOIS (police-sergeant N 14.) On the 7th of January I went to the house where the prosecutor lodges, and found William Walker in the front room in the dark with the shutters shut—he said,
"Here I am, I was just going to surrender myself"—I cautioned him in going to the station-house to be careful what he said; as it must be given in evidence against him—he said, "I am aware of that, I have been a lawyer's clerk"—he said something to me about some plate, which has nothing to do with this case.
George Walker's Defence. I acknowledge pledging the watch—dire necessity drove me to it, but I intended to redeem and return it—I did not steal it, nor did I know it was stolen for a considerable time after I left home.
William Walker's Defence. On the 24th of August my master went to America, and I was thrown out of a situation—Mr. Waite got impatient at my being idle, and gave me only one day longer to be there—I had no money to carry me anywhere, and no one to give me any, and in a moment of despair I took the watch, which I have been sorry for ever since.
MR. WAITE re-examined. I told him he should be taken up if he stopped any longer in the house.
GEORGE WALKER— NOT GUILTY .
WILLIAM WALKER— GUILTY of Stealing, but not in the dwelling-house. Aged 17.
691. GEORGE WALKER and WILLIAM WALKER were again indicted for stealing, on the 5th of October, at St. Leonard's, Shoreditch, 2 seals, value 1l.; 1 brooch, value 2l.; 2 bracelets, with gold snaps, 3 rings, value 10s.; 34 spoons, value 50s.; 3 ladles, value 10s.; 1 pair of sugar tongs, value 1s.; 1 fruit knife, value 3s.; 1 thimble, value 1s.; and 4 knife rests, value 1s.; the goods of George Waite, in his dwelling-house
WILLIAM PHILLIPS . I am a silversmith, and live in Peter's-lane, Clerkenwell. On the 24th of December, I purchased a duplicate of a lady's gold ring, of George Walker, for 1s.—it was in pledge for 3s., somewhere in St. John-street, but I do not know the pawnbroker's name—I fetched it out—the prisoner said he was in distress—I never saw the ring in his possession, only the duplicate—he was not with me when I got it out—I stated at Worship-street where I got it from, but that I did not know the pawn-broker's name—it is a door or two from Percival-street—I told the officer where it was, and gave him the ring.
George Walkers Defence. The duplicate of the ring I disposed of to Phillips, also contained a silver fruit-knife—I did not steal any of the articles, I am sorry to say I purchased them of my son.
William Walker's Defence. I gave the ticket to my father, and told him
it was one I had purchased with the money I got for the watch—he knew nothing of the robbery till we got a long way on the road, till I told him.
WILLIAM WALKER— GUILTY of Stealing, but not in a dwelling-house.—Recommended to mercy by the Prosecutor, on account of his youth.
Confined Three Months.
GEORGE WALKER— NOT GUILTY .
JAMES DUMAIN . I am a cheesemonger, and live in Ashley-crescent. On the evening of the 12th of January Kemp came to my shop, and I went to the door, and missed a piece of pork, which I had seen safe not five minutes before.
GEORGE KEMP (police-constable N 82.) On the 12th of January, about half-past six o'clock, I saw the prisoner and three others standing by the prosecutor's shop-window—one of them put his arm round the door-post, took the pork, and gave it to the prisoner, who put it under his coat—I ran, and laid hold of two of them, but one escaped—the prisoner dropped the pork—I went and told the prosecutor—I had been watching them for an hour and a half, and saw them go to different shops.
(Property produced and sworn to.)
GUILTY .* Aged 15.— Confined Three Months, and Whipped.
MR. PAYNE conducted the Prosecution.
THOMAS RIDDICK . I am a baker, and live in East-street, Marylebone. The prisoner was in my employ—his duty was to serve customers, return and enter his bread, and pay the money he had received in the evening—he had not paid me 3s. 10d. received from Dos well on the 5th of January, nor 3s. from Coe—he left me on the 8th of January, without notice.
Cross-examined by MR. LORD. Q. Had he been long in your service? A. Two years and better—he lived with me five years before, and I discharged him for the same thing—I shall not say whether I have been in misfortunes myself.
Q. Were you ever charged with any offence at Clerkenwell Sessions? A. I shall not answer that—I have been in prison for debt—I was never sentenced to twelve months' imprisonment from Clerkenwell—I shall not say whether I was sentenced to any imprisonment from that Court—I do not think it a fair question—I shall not say whether I was convicted of perjury.
MR. PAYNE. Q. Whatever this was, how long ago is it? A. Nearly thirteen years ago, long before the prisoner was in my employment.
Cross-examined. Q. Have you been in the habit of dealing with Mr. Riddick? A. Yes, and paying money to the prisoner—I am certain I paid him.
FRANCIS FRYER (police-constable E 15.) I took the prisoner into custody on the 12th of January—he said, as I brought him along, "I can't think what master wants of me, for I have sent him a letter, stating what money I received of his, amounting for 2l. 9s. 3d."—when we got to his
master's, he said, "Well, master, I am come"—his master said, "Yes, I see you are; but it would be a greater pleasure to me to let you in to work than on this occasion"—the prisoner said, "Cases of this sort will occur at times"—he wanted his master to take a clock of his in part payment of the money he had taken, but the prosecutor said, "I shall have nothing to do with the clock."
Cross-examined. Q. Did the prisoner express sorrow for what had taken place? A. Not at all, in my presence—Mrs. Riddick expressed her surprise at his conduct, and said, "As you have taken the money in the way you have, of course your master will prosecute you." GUILTY . Aged 28.— Confined Three Months.
GEORGE SMITH . I am a harness-maker, and live in Ropemaker-street, Finsbury. The prisoner was my journeyman'—on the 15th of January I gave him leave to take out a harness and bridle to sell, as he said he thought he knew a widow at the West-end who he could sell it to—he was to get from 4l. 10s. to 5l. for it—I told him to bring the money to me; and if he could not sell it, to return it to me—I did not see him again till Sunday evening, the 20th, when he was at the station-house—he never gave me tie money for the harness and bridle.
Prisoner. I could not sell it—and when I came home in the evening he said he was very tired, and wanted the money, and I pawned It—I unfortunately met with some young men who proved to be bad characters, and they seduced me away. Witness. I never authorized him to pawn it.
JOHN WARREN . I am shopman to Mr. Ashman, a pawnbroker in Long-acre. On the 16th of January, about five or six o'clock in the afternoon, the prisoner pawned the harness for three guineas, and bridle for 5s.
JOHN WOODYET (police-constable T 84.) On Sunday, the 20th of January, I took the prisoner into custody, in King-street, Drury-lane—I asked him what he had done with the harness—he said he had pawned it, and his mother afterwards gave me the duplicates at the station-house.
(Property produced and sworn to.)
GUILTY . Aged 19.—Recommended to mercy.— Confined Ode Month.
NEW COURT.—Monday, February 11th, 1839.
Sixth Jury, before Mr. Recorder.
695. JOHN DAVIS was indicted for burglariously breaking and entering the dwelling-house of Thomas Bishop Gardiner, about twelve o'clock in the night of the 6th of February, with intent to steal, and stealing therein, 4 boxes, value 8d.; 4 half-crowns; 2 seals, value 5s.; part of a watch-chain, value 2rf.; 1 ring, value 6d.; 2 breast-pins, value 5s. 6s.; 1 brooch, value 1s.; 1100 buttons, value 9s.; 4 waistcoats, value 8s.; 1 pair of gloves, value 6d.; 1 stock, value 1s.; 1 pair of trowsers, value 2s. 6d.; 1 sheet, value 5s.; 1 yard of woollen-cloth, value 3s.; 1 hat, value 6d.; his goods and monies.
first floor—I pay 8s. a week—Mr. Smith is the landlord—he lives at Chelsea—his father-in-law lives in the first floor of the house I live: in and works for him as a silver plater—I sleep in the back-parlour, which I use as my dwelling—I have let the up-stairs room to a widow woman—I go to my apartments by the shop-door, which opens into the street, without communicating with the rest of the house—I can go that way, but I never do—my occupation is distinct from the rest of the house—on the night of the 6th of February I was in and out three or four times, to get little errands for myself, and at a little past twelve o'clock I went to get a pint of porter for my supper—no one was in my place at the time my mother-in-law was very ill, and my wife was gone out to nurse her—I left the door on the spring lock, and put my shoulder to it to try it—I stopped about twenty minutes to drink the beer at the bar and when I came back the door was open—I am positive I left it locked, for I put my shoulder against it—when I returned I applied the key to the keyhole, the door gave way, and I saw the things all strewed about the place, ready to be taken off—I saw the prisoner there—I said, "Halloo, my gentleman"; (he had got his foot against the till, trying to force it open) I went to take him—he up with his fist, and hit me in the eye, and the struck me on the left cheek—I caught him by the neck and pulled him to the street-door—a number of articles of mine were removed from the place where I had left them—I had a chest of drawers—the top drawer was locked, and in that I had four half-crowns, two seals, part of a chain, a gold pin, a silver paste pin, a broken ear-ring, a little tassel of a reticule, four waistcoats, one pair of gloves, this stock which I have on my neck, and a pair of drill trowsers—in the second drawer, which was not locked, there was a shirt—the bed-curtains were in the bottom drawer—these things were all packed up ready to carry away—on the prisoner's person were found 1100 buttons, in this box, which were on a shelf when I went out.
THOMAS BEIRNE (police-constable F 140.) I was on duty in Bedfordbury, on the night of the 6th of February—I heard the cry, and went up to the shop—I found the prisoner and the prosecutor straggling in the kennel—the prisoner was over the prosecutor—I took him—we went into the shop, and the place was all ransacked—the prosecutor found he had lost four half-crowns and a little box of buttons—I found the box and the half-crowns in the prisoner's pocket.
(Property produced and sworn to.)
Prisoners Defence. I was going along, three parts tipsy, saw the door open, and went in to get a light for my pipe—the gas was burning—I put these buttons and the money into my pocket—when the officer was asked before the Magistrate if there were any marks of the door being forced open, he said "No."
GUILTY of stealing only. Aged.— Transported for Seven Years.
Before Mr. Justice Williams.
alterations were going cm at my shop—they began about a month ago, and are just finished—during that time I missed a box containing fort or fifty satin handkerchiefs from my shop—in consequence of something I heard, I had the prisoner taken into custody, about a week or ten days after the 17th of January—I value the handkerchiefs at about 10s. each—the prisoner was employed as a carpenter during the time of the alterations.
Cross-examined by MR. DOANE. Q. You employed several persons? A. Yes; there was another person who had some dealings with these handkerchiefs, but he was not prosecuted.
SAMUEL BROWNING . I am in the employ of a pawnbroker in Wardour-street, Soho—on the 24th of January, the prisoner pledged these three handkerchiefs—I was standing by the side of the young man who took them in of him—the prisoner gave, the name of Thomas Jones.
Cross-examined. Q. Had you sees him before? A. Yes, I knew him well—it is not unusual for persons to pledge in other names, than their own—he used to pledge in the name of Thomas—I never knew him. to use the name of Jones; Wore.
PETER, TURNBULL TATE . I am a pawnbroker, and street, Golden-square. I know the prisoner by sight—he pledged three handkerchiefs on the 17th of 'January, for 9s., in the name of John Thomas, No, 17, West-row, which was his right name and address—these are them.
JOHN GRAY (police-constable C 164.) I took—the prisoner on Saturday afternoon, the 2nd of February—he was at work at Mr. Ludlam's shop—Mr. Ludlam gave him into my custody for stealing a box of satin handkerchiefs, and on the road to Marlborough-street-Police-office, he told me voluntarily the different pawnbrokers where the handkerchiefs were pledged—he named the two pawnbrokers who have been here, And one other person, from whom I got two handkerchiefs—he told me his SON had got twelve—I made inquiry, and got eight handkerchiefs from his son, and one other I found at the prisoner's lodging.
Cross-examined. Q. Mr. Ludlam was not present at this conversation? No; he was, a little behind US—I believe he had said something to the prisoner to induce him to make this statement, but I was outside, waiting.
MR. LUDLAM re-examined. I did not tell the prisoner he had better speak the truth, and tell what had been done, but when I was satisfied, from the policeman having found the handkerchiefs, I said I should take time to consider what to do—my object was to inquire whether it was distress, or what had induced him to commit this robbery—I can swear to these handkerchiefs—there is no mark on them, but they are very peculiar—they are of different patterns, and the same as I had in my box—they were made at Lyons, and had not been in this country above a fortnight before I had them—they are quite different to those in any other shop—I saw them safe on the side counter where the prisoner was at work about the first week in January—they were missing soon after, when we put our place to rights, on the 2nd of February, the day I went before the Magistrate.
Cross-examined. Q. I believe you had sent a number of boxes up stairs? A. Yes, and then we missed this box from below.
(The prisoner received a good character.)
GUILTY . Aged 45.—Recommended to mercy.— Confined Six Months.
697. JAMES CLARK was indicted for burglariously breaking and entering the dwelling-house of George Knapp, about nine o'clock in the night of the 7th of February, at St. Giles without Cripplegate, and stealing therein 2 seals, value 8s.; I watch-key, value 2s. 6d.; and I split-ring, value 1s. 6d.; his goods.
THOMAS LITTLEMORE . I am shopman to Mr. Kingham, of Barbican, an oil and colour-man—Mr. Knapp, the jeweller, resides next door to us. On the night of the 7th of February, about half-past nine o'clock, I had shut up my master's shop, and was putting up the bar which was next to the prosecutor's window, when I saw the prisoner go up to his window—he gave a job with his elbow, and broke the window—I heard the glass fell—he then put his hand inside—I put the bar down and took him—I shoved him into the shop, and told the policeman to search him as he had the property in his hand—I saw the policeman take something from his hand, but I could not see what it was—some other things were scattered on the pavement, and I went out with Mr. Knapp to pick them up—I had seen the prisoner's hand inside—I saw his hand within the shop to just above the wrist, and I expected his wrist would have been cut by his snatching it out so quickly as he did.
ROBERT PATTRICK (City police-constable, No. 284.) I was about one hundred yards from the shop, and heard the smash of glass—the place was quite quiet—I made my way up to the shop—the prisoner was inside, and was given into my custody—I found in his hand these two seals, a key, and a ring—I asked what he did it for—he made me no answer.
GEORGE KNAPP . I am master of the shop—it is in the parish of St. Giles without Cripplegate—this is my property, and was lying in my window, and against the square of glass that was broken, so that a hand put in could easily get it—I picked up some things off the pavement—these are worth about twelve shillings.
GUILTY . Aged 34.— Confined Six Months.
698. CHARLES EDWARDS, JOHN DIXON , and MARY DIXON , were indicted for stealing, on the 15th of January, I purse, value 1s.; 4 sovereigns, 2 shillings, and I fourpenny-piece; the goods and monies of Evan Herbert Lloyd, from his person.
JOHN WHALL (police-sergeant G 16.) I was in Regent-street, between the Quadrant and Oxford-street, on the 15th of January, and I saw the three prisoners in company, about a quarter past four o'clock—the female prisoner was leaning on the arm of John Dixon, and Edwards walking by their side, close to him—I saw them frequently converse together—they were coming down the street together, and they met Mr. Lloyd, just before they got to the Quadrant—as soon as he had passed about a yard, they all three turned round, and followed him—the woman still kept hold of John Dixon's arm, and Edwards was still walking by their side—I was opposite, on the other side of the way—after they had walked a few yards, I saw Edwards step forwards, and take a purse from Mr. Lloyd's coat-pocket—the other two kept close behind him—I immediately crossed, and when I got close behind, I saw Edwards passing the purse to the female prisoner, who was still hanging on John Dixon's arm—it was a green purse—I instantly caught hold of the two male prisoners, and Gray, who was with me, took the woman, and she threw the purse about two yards, into some mud—we took them all into a shop—Mr. Lloyd was informed of the
loss, and the purse was brought in by a man, or a boy—I had some difficulty in securing them.
Cross-examined by MR. BALLANTINE. Q. Was it dark At the time? A. No, quite broad day-light—there might be ten or a dozen persons about Mr. Lloyd when I caught hold of the prisoners—I saw both the purse and the person distinctly—Edwards had his side towards me when he took it.
COUET. Q. Did you know the three persons when you were on the opposite side? A. I knew the two Dixons—I had never seen Edwards before.
JOHN GRAY (police-constable C 164.) I was on duty in Regent-street. I saw the three prisoners together for about five minutes before they met Mr. Lloyd—I had seen them from Argyll-street to Leicester-street, about five or six hundred yards—there were four persons in all, but one is not In custody—the prisoners were frequently in conversation—when they met Mr. Lloyd, they turned round and followed him, and the prisoner John Dixon, was leaning on the arm of the female prisoner—I saw Edwards go to Mr. Lloyd, and take a green purse from his right-hand coat pocket—he did it at once, without feeling at all—he put his hand in, and took the purse out, and passed it to the female prisoner—I was on the opposite side of the way, about thirty yards off—I am quite certain Edwards is the man—he was close alongside the female prisoner—she was in the middle, between the men—I crossed over the road, and took the female prisoner by both her hands—in her right-hand were two sovereigns, and a piece of paper, which proved to be a £5 note—I took them, and in her left-hand was this purse, which she threw into the dirt, about two yards off—I put her into the shop with the other prisoners, came out immediately, and I received this purse, with one sovereign, two shillings, and one fourpenny-piece in it—I saw the purse in the dirt, and there is a portion of the dirt on it now.
Cross-examined by MR. PAYNE. Q. How long has the witness Whall been a constable? A. He was in the force before me—I have been in it four or five years.
Cross-examined by MR. BALLANTINE. Q. What became of the other A. He ran away before I crossed over, and went down Leicester-man? street—he was about a yard from the others at the time the purse was taken—I knew him before, but I do not recollect that I had seen Edwards—I could distinguish him very clearly, as be was on the other side from me—his side face was towards me.
COURT. Q. When you got over, was Edwards in custody of your companion? A. He was, and I was close behind him—Mr. Lloyd had got about half a dozen yards at the time we seized the prisoner—I said, "You have lost your purse, Sir"—he felt and said, "Yes, I have, it is a green one."
EVAN HERBRTE LLOYD . I am a cornet in the first regiment of dragoons. I was in Regent-street on the evening of the 15th of January—I had a purse—I had not seen it for half an hour before, but I had felt it not a minute before—I had taken out my pocket handkerchief from my coat pocket about one hundred yards before, and put it in again, and my purse was then safe—there were four, or there might have been five sovereigns in it, two or three shillings, and a fourpenny-piece—I had seen them safe about an hour before—Gray touched me on the shoulder and said, "You have
lost your purse"—I said, "Yes, it is a green one"—I went with them into the shop, and the officer brought my purse in—this is it—I had on a frock coat, with the pockets inside behind.
Cross-examined by MR. PHILLIPS. Q. You lost no £5 note? A. No, I had one, but I did not lose it.
(Edwards received a good character.)
EDWARDS— GUILTY . Aged 37.
JOHN DIXON— GUILTY . Aged 18. Confined Six Months.
MARY DIXON— GUILTY . Aged 21.
699. JOHN LANE and HENRY MILLER were indicted for stealing, on the 2nd of January, 250lbs. weight of flour, value 3l., and I sack, value 2s., the goods of Henry Carpenter, the master of the said John Lane: and MARY BUCKINGHAM , for feloniously receiving the flour, well knowing it to have been stolen; against the Statute, &c.—3rd and 4th COUNTS, stating it to be the goods of Daniel Philp, the master of Henry Miller.
HENRY CARPENTER . I am a miller, and live at Stan well Mill, near Staines—the prisoner Lane has been in my employ about pine years. I received an order from Mr. Philp for twenty sacks of flour, which were to be delivered on the 2nd of January—there were to be ten sacks of each sort of flour, and some toppings, which is hog's victuals—they left my premises to go to Mr. Philp, on the 2nd of January—there were tea sacks of household flour, and tea of seconds—each sack contained 200lbs. weight of flour, and we usually allow 5lbs. for the sack—I delivered them to Lane myself to take to Mr. Philp, at Hammersmith, and I gave him this delivery ticket (looking at it) on the morning be started—he was to go there that day, and return to me after delivering what is specified on the ticket—on the same evening, a little after six o'clock, Mr. Philp and a friend came to me—Lane came home afterwards, and in consequence of what I had heard from Mr. Philp, I got into the wagon and found in it seven empty sacks, which had come from Mr. Philp's—I sent for Lane, and said that Mr. Philp had been to complain of one sack of flour being deficient—he said when he left Mr. Philp's there was a sack of stuff in the wagon, which a man on Hounslow-heath had asked him to take up in the morning—I said, "Did you ever see the man before?"—he said, "No"—I said, "What were you to do with it?"—he said, "To leave it at Turnfloor, ham-green"—I went to Mr. Philp's, and saw there ten sacks of household which I believe were correct as I had sent them—I was shewn ten sacks of second flour, and was satisfied that if there had been any wrong delivery I should be able to know it—I came to one sack, and I said, before I touched it, "There is something wrong in this sack"—I took it to a scale and found it was 26lbs. less in weight than when it left my house—I put my hand in it and found something which I was convinced did not leave my mill—I took a tin scoop, and put a scoop full of it into a sieve and sifted it, and these bits came from it (producing them,) which I am satisfied never left my mill—I had the whole sack sifted, and found a considerable portion of doughy particles in it, and the flour in the sack was of a very different quality to what went from my mill—the other sacks were ail right—here is the receipt which Lane gave me for having delivered twenty sacks of flour—it is signed by him and Mr. Philp.
Cross-examined by MR. BALLANTINE. Q. Were you present when the sacks were weighed which left your house? A. No, I only know the weight from the ordinary weight of sacks of flour, but if I had seen a sack going out 26lbs. deficient, I should have observed it.
COURT. Q. You saw the whole of the twenty sacks go into your wagon? A. They passed through my hands, and from that I can undertake to say that there was no one which had the empty appearance of the one at Mr. Philp's.
JAMES NASH . I am in the employ of Mr. Carpenter. On the morning of the 2nd of January I filled twelve sacks with second flour—they each contained five bushels of flour, and the sacks weighed 5lbs.—I tied up, ten of the sacks, and helped master to put them into the wagon, to go to Mr. Philp's.
ELIZA PHILP . I am the wife of Daniel Philp, baker, of Grove-place, Hammersmith. Lane came with a wagon-load of flour on the 2nd of January, about half-past eleven o'clock—he brought this delivery-ticket, and this receipt attached to it—I saw him take some of the sacks into our warehouse—the prisoner Miller, who was our man, was there—he has been in our service about nine months—I saw Lane bring one sack, which seemed to be a sack of flour, out of the warehouse—I saw him and Miller talking together frequently—they were about an hour delivering the flour, which was a great deal longer than usual—they might have delivered it in half an hour—it occurred to me that Lane had gone without his receipt, and I sent my little girl for him twice—it was before that that I had seen Lane bring the sack out of the warehouse—he placed it outside on a bin, and it remained there about ten minutes—Lane then took it back into the warehouse—I did not ascertain the quantity of flour—I left it to his honesty—it is usual to allow a penny a sack for flour brought into the house—Lane took away seven empty sacks, and I paid him 1s. 1d.—if he had taken no sacks away I should have given him 20d.
Cross-examined by MR. PRENDERGAST. Q. Did you see the seven empty sacks? A. No; they were put into a bag—I did not see them put in the wagon—I saw the man had them under his arm.
ESTHER CANON . I am in the service of Mr. Philp. On the 2nd of January I saw Lane and Miller coming out of the warehouse together—they were talking—I saw Lane put a sack of flour: on a bin outside the door—Miller had a measure in his hand, such as flour is measured with—I saw Mr. Carpenter there the next day—he and Mr. Philp were measuring flour—Miller asked me what they were up to—I said I believed there was a sack of flour short—he said, "That be d—d; I don't believe it"
DANIEL PHILP . I ordered ten sacks of household flour, and ten of seconds, of Mr. Carpenter, and some pig's-meat—on the 2nd of January I was out, and met Lane coming with the wagon—I asked him what he had got—he said twenty sacks of flour and two sacks of toppings—I told him to place four sacks in the shop, and the rest in the warehouse—about an hour afterwards I returned home, and found the wagon at my door—there was a sack of flour lying flat at the bottom of the wagon—I met Lane between my house and the wagon—I asked him what he wanted with that sack of flour in his wagon—he was confused, and said, "It is not a sack of flour, it is horse-meat"—I went back to the wagon, and said, "What are you going to do with this sack of flour?"—he said he was going to take it to Brentford, and he had got the man's name in his
pocket—he did not tell me the name—I expected he had got the ticket—this rather excited my suspicion, and I went into my bakehouse—I found Miller there—he was just going out with some bakings—I asked him where the flour was which the man had brought in—he said there were four sacks in the shop, two in the bakehouse, and the rest in the ware-house—he pointed them out to me, and I saw, to my mind, that there was the number—I was rather dissatisfied, and in half an hour afterwards I followed Lane to the Coach and Horses, at Turnham-green, kept by the prisoner Buckingham—I saw the wagon drawn close up to the house—there was a sack in the wagon, but no flour in it—when a sack of flour has been emptied, it is the custom of the trade to have the sack turned inside out and well shaken, to get all the flour from it, but the sack had not been shaken nor turned out—perhaps two or three pounds weight of flour will adhere to a sack that has not been shaken—there was flour hanging all about it, and there were empty sacks beside in the wagon—the unshaken sack had the name of Henry Carpenter on it—I went into the public-house, and saw Lane—I asked him what he had done with that sack of flour—he said, "I know nothing about it"—I asked him again to come and look at the sack, empty and unshaken, in the wagon—he said, "I know nothing about it"—he would not come—I asked him, I think, three times—I then went again and looked at the sack—I went home, and the same evening went to Mr. Carpenter, before Lane got home, about six o'clock—I told Mr. Carpenter what I had seen—I was there when Lane came in, about an hour afterwards—I asked what he had done with the sack of flour—he said he knew nothing about it, bat he had had a sack of something given to him on Hounslow-heath to take to Turnhamgreen, but he did not know the name of the person he was to take it to—that he took it to my house, and then to the public-house, left it there, and did not know what became of it—the next day Mr. Carpenter came to my house, and we examined the flour—there were ten sacks of household flour, and ten of seconds—the household flour was all right, but there were twenty-six and a half pounds weight deficient in one of the sacks of seconds—on the day the flour was delivered, there was no person on my premises but Miller, and about half an hour would have been a reasonable time to have taken in that quantity—one man could not have filled an empty sack, it must have required two persons, one to hold whilst the other filled—I have a half-bushel measure that I use for the purpose of filling a sack—that would have required more time than delivering twenty sacks—I went to Mrs. Buckingham again the next day—I told her I was come on a very unpleasant business, and asked her if she would give me a sample of flour that was in her pantry—I said I did not like to pay for twenty sacks when I had only nineteen—a great many words passed between us, and, at last, she granted me leave to take a sample—I found in the pantry about a bushel of flour in a sack, or rather more—I took a sample from it—I requested her to come into the pantry, and see me take it, but she would not—I submitted that sample of flour to Mr. Carpenter—on the day before the flour came from Mr. Carpenter, I had examined my stock, and observed one sack of flour which had had a mouse-hole in it—I put my finger in the hole, and felt some dirt in it—on the 3rd of January I missed about three parts of the flour out of that sack—I asked Miller if he had sifted it—he said, "Yes"—I said, "Did you find any thing in it?"—he said "No"—he could not have sifted it without finding this dirt in it—
Mrs. Buckingham has been in the habit of having her bakings done at my house for a few months before—she had had a great deal of baking done, half a bushel a week, and pies as well—I had supplied her with bread, so that Miller and she were well acquainted.
Cross-examined by MR. PRENDERGAST. Q. Did not Lane tell you it was a sack of flour? A. Yes, but not at first—when I first asked him, he did not say he did not know what it was, he said it was a sack of horse-meat—he did not say he was carrying it to a man he did not know—I did not ask to look at it—he said, at Turnham-green, that he did not know what had become of the sack of flour—he did not say he had been dining, but he said he was in the house—he did not say he supposed a man had come, and taken it out of the cart.
Cross-examined by MR. BODKIN. Q. How long bare you known Mrs. Buckingham? A. Ever since she has been there, which is two or throe years—I know she carries on the business to support the orphan children of her brother—it is a house of great business—I have seen thirty or forty carts and vehicles standing there.
COURT. Q. What sort of flour had this sack contained which was at Buckingham's door? A. I did not examine it—I missed about three parts of the flour of that sack which had the mouse-hole in it—I consider that that and some scraps of dough, and other flour from my warehouse, had made up the sack which was found on my premises, and was 261bs. weight deficient.
JAMES LONG . I am a baker, and live at Hounslow. I went to Mr. Philp's house to meet Mr. Carpenter, on the 4th of January—I saw a sack standing on the machine—it was sifted, by Mrs. Philp and Mr. Carpenter, through a fine wire sieve—I have the refuse from it here—it consists of mouse dirt and scraps of dough—I was shown a sample of flour which came from Buckingham's—I compared it with the second flour which had been sent to Philp, and, as far as I could ascertain, they appeared to be the same.
WILLIAM WOODBURY . I am an officer of Queen-square. On the 3rd of January I went to the prisoner Buckingham, and told her I wanted to speak to her privately—she said I must come into her bar—I told her I belonged to Queen-square, and there had been a sack of flour left there the day before, as was supposed, by a miller's man—I asked if she could give me any account of it—she said she knew nothing at all about it, and all she had to do was to mind her in-door work, she had nothing to do with out-door work—I asked if she had any objection to let me look round her place—she said she did not know what authority I had to do so—I said I had no authority, but, as she was a respectable woman, I dared to say she would have no objection—she said she did not know—I then said I must call in a policeman, and get a warrant—she then said, well, I might—I went into the pantry, and saw from a quarter to half a sack of flour on a chair—she said, "I don't buy my flour in small quantities, in pecks and bushels, I buy it in sacks," of Kidd and Alexander, I understood, but I believe it was Andrews—I was going to ask her to show me the papers, but she said, "I am like many foolish women, when the papers come in I lay them down, and they get lost"—the ostler was there—he said, I might look into the stable—on the 16th I went again, and saw Mrs. Buckingham—I told her she would be wanted on Monday, at Queen-square, and if she would have the goodness to bring her witnesses the Magistrate would not trouble her with a warrant, and if she would tell me
who she had that flour from, it would be better for her—she said she could not say, as she had had it a long while—she said then that she bought it in pecks and quartern pecks, and she had even bought one quartern at Mr. Philp's; she then said again, "I don't know what passes outside the house, I know what passes inside; but if a sack of flour were left at my place, and no one owns it, I shall certainly use it."
EDWARD FLOWER (police-constable T 42.) I went to Mrs. Buckingham on the 11th—I asked if she could recollect that Mr. Carpenter's wagon had been there on the 2nd of January—she said she knew nothing about it—I went again, and told her to recollect herself—she then said the wagon had been there—that the wagoner dined there, and he, and the ostler, and Mr. Philp's man were drinking together, and Mr. Philp called Carpenter's man out—she said she had her flour of Mr. Kidd and Mr. Andrews.
RICHAHD KIDD . I am a miller, and live at Isle worth—there is no firm of Kidd and Andrews in the trade, that I know of—I hare occasionally sold Mrs. Buckingham a bushel of flour at a time—the last bushel was on the 15th of September.
LAKE— GUILTY . Aged 34.
MILLER— GUILTY . Aged 37. Confined One Year.
BUCKINGHAM— NOT GUILTY .
Fifth Jury, before Mr. Sergeant Arabin.
(The prisoner pleaded poverty.)
GUILTY . Aged 35. Recommended to mercy.— Confined Eight Days.
WILLIAM WOOD . I am in the service of Thomas Joyce and another, ironmongers, in Whitechapel. On the 19th of January I was coming out of the shop, I saw the prisoner and another boy—I saw one take a teakettle, and give it to the prisoner, who was about half a yard from the door—I ran past the one that took the kettle, and took the prisoner with it under his coat, and brought him back.
Prisoner. I was looking in at the shop window—a boy took it, and as soon as he took it he dropped it at my feet—I took it up.
GUILTY .* Aged 16.— Transported for Seven Years.
prisoner came into the shop, and asked the price of potatoes—she did not buy any, but walked out—I missed a weight—I went out, and asked what she had got under her shawl—she said, "Nothing"—I took the weight from under her arm.
Prisoner's Defence. I picked it up—I throw myself on your mercy.
GUILTY . Aged 26. Recommended to mercy.— Confined Eight Days.
703. THOMAS HEFFERMAN was indicted for stealing, on the 11th of January, I purse, value 6d.; 2 half-crowns, 2 shillings, and 1 sixpence, the goods and monies of John Piggott, from the person of Harriet Piggott.
HARRIET PIGGOTT . I am the wife of John Piggott, a tailor. On the 10th of January, at a quarter past nine o'clock, I was coming up Chiswell-street, on to Finsbury-pavement, to come home—there were two young lads first before me and then behind me—the prisoner then shoved against me, and I fell against the railings—I felt his hand at my pocket—I turned round and said "You have picked my pocket of my purse, containing two half-crowns, two shillings, and one sixpence"—I held him—he said, "It was not me that had your purse, it was them that ran away"—he got from me—I fell down, and a witness caught him—the other two lads had run away—when I took the prisoner, he said, rather than be exposed, he would make up what I had in the purse.
Cross-examined by MR. PATHS. Q. Did you lay hold of him directly? A. Yes, the moment he pushed against me—he offered to give me his name and address, but he did not—the purse has never been found.
JOHN KENDALL . I am a silver-plate worker. At a quarter past nine o'clock, I was crossing the square, and saw a few persons assembled—I went up, and the prosecutrix was accusing the prisoner of taking a parse—he made a bit of a scuffle, and ran away about fifty yards—I overtook and stopped him—he said, "I have not done it, by G—d!"and I heard him say to the policeman and the prosecutrix, that he would rather make up the money than be exposed—he said he was too respectable to rob a person.
Cross-examined. Q. Did you meet the officer and deliver the prisoner to him? A. I did—the prosecutrix came up to me about three minutes afterwards.
JOSEPH STANNARD (police-constable G 229.) I heard the call of "Police"—I went, and found the prisoner in the custody of John Kendall—the prosecutrix came up, and told me she had lost a purse with two half-crowns, two shillings, and one sixpence—I said he must go to the station-house—in going along he said, "If you will not take me there, I will go to the first pawnbroker's, and pawn my coat and waistcoat, and make it up, and give it her.
MRS. PIGGOTT re-examined. My purse was in my pocket on ray right hand—my keys were in that pocket—they rattled, and the prisoner's hand was at my pocket, but I cannot swear it was in my pocket, and then I missed my purse.
GUILTY .* Aged 19.— Transported for Ten Years.
DENNIS WHITE . I am a labourer, and work at the feather business. On the 15th of January, I met the prisoner in Went worth-street, Whitechapel, between eleven and twelve o'clock at night—I had been drinking, but I knew very well what I was about—the prisoner asked me to go home with her—I said I would not, but she kept asking me, and I went with her—I gave her two sixpences, and was to stay with her a short time, but not all night—when I went to the room, she lighted a candle, then she put it out, and lit it again, and then she blew it out again—I took off my trowsers when I went to bed, and I then had in my trowsers' pocket four sovereigns, some half-crowns, some shillings and sixpences—my mother had died, and left it to my elder brother, and he died, and left it to me, I had no other place to keep it in—when the candle was put out the second time, I heard some money rattle, and my clothes drop on the floor—the prisoner went out of the room—I got up, felt my clothes, and the money was gone—she ran out, and I went out into the street half-naked, and told the policeman—she was taken in three or four minutes—I am sure she is the person.
ALLEN PIPE (police-constable H 51.) I saw the prisoner come out of the house—she ran past me—seeing her half-dressed I said, "Where are you going?"—she said, "Home"—I stood and watched at the end of the court, and in two or three minutes the prosecutor came out and told me the story he has to-day—I said, "Is it a girl with carroty hair?"—he said "Yes"—I then went to the court the prisoner went into, and into the house, No. 11—I there found the prisoner in the top passage, concealed in a corner of the landing—I asked what she was doing there—she made but little answer—I said, where was the man's money—she said, "I have got no money," but I saw her left-hand was shut, and I took from it two half-crowns and two half-pence—at the station-house I found two sixpences on her, and one sixpence was found in the room.
Prisoner's Defence. I went home with him, and he gave me two sixpences—I said I would not stop with him for that, and he gave me two half-crowns—I went to bed with him, but I could not stop—I got up, put on part of my things and went away—I told the policeman I had no money but what the man gave me—the policeman saw my stays on the table and my shawl, so that I did not intend to leave the room.
GUILTY .* Aged 22.— Transported for Seven Years.
GEORGE SAVAGE . I am shopman to James Thomas Hawes, a pawnbroker, in Whitechapel-road. The prisoner came to the shop on the 18th of January, about six o'clock in the evening, and asked if I had a pair of shoes to fit her—I shewed her a pair, which were hanging outside—they fitted, and we agreed about them—she went away, and in about an hour returned and asked if I had a pair of boots to fit her—I showed her three pairs, but they did not suit—she asked if I had any more—I said "No,"—she had not been gone two minutes before I missed a linen shift from the counter—the next morning she came about ten o'clock, and asked if I would change the shoes that she had bought the night before, as they were too tight—I said I had not got any more—I then saw her put some cotton down from the counter and watched her—I went to the end of the shop,
and saw her utting the cotton up under her cloak—she went out saying, if I would not give her her money back or change the shoes, she must go—she went out—I went out and found this cotton under her cloak—I gave her in charge, and went to her lodging and found the shift.
Cross-examined by MR. DOANE. Q. Are these your master's? A. Yes, I am as sure of the shift as I am of the cotton—I am sure I missed the shift that evening—it was the only shift I had on the counter—she did not say if I would not give her back the money she would have something, and take the cotton—when I took her in the street she said, "Pray do not take it from me till I get back to the shop"—I can swear to this shift by its having a frill on, and we had had it in the house for six months—it was the only frilled shift we had.
MR. DOANE called
ELIZA MILES . I am the prisoner's daughter, my father is a coppersmith—we live at No. 18, Redman's-row. I helped my mother to make this shift—(looking at it)—I have no doubt about it—I know my own work—I put in the two sleeves—we had no other shift of this description made at the time the policeman came—it is my sister's, who lives in Cornhill.
MRS. SHEARMAN. My husband is a brewer, and lives at Kennington. I assisted in making this shift—I can take my oath this is part of my work—I put on this frill—I made it for the prisoner.
(The prisoner received a good character.)
GUILTY . Aged 41.— Confined Two Months.
WILLIAM RAWLINGS . I live with Mr. William Chase, a butcher, in St. Andrew's, Holbom. On the 18th of January, about a quarter to ten o'clock in the evening, I saw the prisoner pass—he took this piece of mutton off the board, put it under his arm, and went on—I went after him—I saw a policeman, and he took him.
Prisoner's Defence. I had been to look for work, and as I was proceeding down Laystall-street, I heard the cry of "Stop thief," and this witness collared me—I said I knew nothing of it.
GUILTY . Aged 28.— Confined Three Months.
EDWARD RICHARD JOHNSON . I am a painter and glazier, and live at Stratford. The prisoners worked for me in my shop—I lent them this diamond to work in my shop—on the 17th of January Essems had it in his possession, but whoever had it, always delivered it up at night—when I came home that evening, the prisoners had both left their work earlier than usual, and the diamond was gone—next morning, at eleven o'clock, Goodwin came to work, and I inquired of him—he said he did not know where the man or the diamond was—Essems did not come, and I said to Goodwin, "It seems very strange, you must be implicated in it; you were together, and both, I believe, drinking together—if you will come on
Saturday morning, early, we will go and see for him"—Goodwin said he would come, but he did not.
Essem's Defence. I did not take it with the intention of wronging him, I meant to bring it back on Monday.
(Essems received a good character.)
ESSEMS— GUILTY . Aged 26.—Recommended to mercy by the Prosecutor.— Confined Fourteen Days.
GOODWIN— NOT GUILTY .
JOSHUA MINTY . I am a clerk in a Government office. On the 19th of January I was in Great Russell-street, about half-past five o'clock in the afternoon—I felt a tug at my pocket, I turned, and collared the prisoner—I saw something in his hand, which he threw down, and said, "There is your handkerchief"—it was in the road, and while I was struggling with the prisoner, a friend of his took it up, and ran off with it.
GUILTY . Aged 18.— Confined Six Months.
OLD COURT.—Tuesday, February 12th, 1839.
Fourth Jury, before Mr. Sergeant Arabin.
MARGARET JACKSON . I deal with Mr. Cooper. I do not know the prisoner—I paid 2l. 7s. 6d. to a person coming from Mr. Cooper, about three weeks or a month ago, and he signed this book as receiving the money.
WILLIAM COOPER . I am a cheesemonger. Mrs. Jackson owed me 2l. 7s. 6d.—the prisoner was in my employ five weeks—I never gave him instructions to receive money on my account, but he did receive money before this, and accounted to me for it—he never paid me this 2l. 7s. 6d.—this is his hand-writing in Mrs. Jackson's book.
Cross-examined by MR. PAYNE. Q. What time did he go to his dinner? A. At'two o'clock—he never came back—I found him at the station-house, about four o'clock on Tuesday morning—I believe this was the largest sum he received—I found it out the same evening, and he was taken at four o'clock next morning—he did not then say that he had lost it.
Cross-examined. Q. I believe he brought some goods? A. Yes; he did not ask for the money, I asked him to take it.
MR. PAYNE, on the prisoner's behalf, stated that he had lost the money, and was afraid to return to his master.
(The prisoner received a good character.),
GUILTY . Aged 18.—Recommended to mercy— Confined Three Months.
ROSE HANNAH HUGHES . I live with Mr. Richards, a milkman. On the 26th of January I left my can in Lower Whitecross-street, with eight or ten quarts of milk in it—I returned in about three minutes, and it was gone.
JOSEPH BURNHAM . I am a carpenter and joiner, and keep a broker's-shop in Golden-lane. I bought this can of the prisoner, on the evening of the 26th of January, for 1s. 7d.—I had seen her before—she was in the habit of buying little articles at my shop—she asked me 3s. for it, and said her sister was in distress—she said her name was Sarah Jones—I think it is worth about 4s.—I sold it again on the 28th for 4s. 6d.—I do not know, who to.
Prisoner's Defence. I did not know it was stolen—I was coming home from my work, and went to have a pint of beer—a person asked me if I, could sell the can—I said there was a man I dealt with perhaps would buy it.
GUILTY . Aged 32.— Confined One Month.
Before Mr. Justice Vaughan.
MR. PHILLIPS conducted the Prosecution.
JAMES WARDEN . I am employed at a soap factory. I knew the deceased, William Poole, he was nearly seventy years old—on Thursday, the 27th of January, between seven and eight o'clock in the evening, I was near the station-house, at Old Brentford, and saw a chaise coming along with two persons in it—it was rather a moonlight night, but cloudy—I saw Poole step into the road to cross—I and two or three more hallooed to him directly we saw the chaise coming—it was going, as near as I can tell, at the rate of sixteen miles an hour—it was galloping at times—I saw the horse knock Poole down, and the wheel went over him—one of the persons in the chaise looked back, and the other who was driving whipped the horse two or three times—I cannot say which was driving—I should think he could see what had happened, by the light that was there—he whipped the horse two or three times after Poole fell—we hallooed to him to stop—he did not make any attempt to stop, but went on—I ran to Poole's assistance, and helped to carry him nearer the path—I took him to Mr. Ralph's, the surgeon, and left him in his care—he died on the Sunday following—I saw him when he was dead—it was a one-horse open
chaise—it had no top to it, so that a person turning round could see—the horse was a bay, as near as I could tell.
Cross-examined by MR. ADOLPHUS. Q. What part of Brentford was this in? A. Near the station-house—there is a bend in the road, about twenty or thirty yards from where the accident happened—the chaise was driving that way—I did not see an omnibus on the road at the time, I have heard there was one, but I did not see it—I was looking towards New Brentford-bridge, not towards London—two or three of us hallooed out—there was Higgins and his wife, John Boddy and Mrs. Dean, standing with me at the time—my face was towards the chaise—I turned round immediately it passed to look at it—I could see it thirty or forty yards before it came up to me—the bend in the road is beyond where the accident happened, and there is one nearly opposite the timber-yard, forty or fifty yards before where the accident happened—the chaise would pass that bend before, and about twenty yards further is the other bend—I should say the chaise was two minutes in my view before the accident happened—I did not speak to the driver at all—I am quite positive I called out.
COURT. Q. You are sure you could see the chaise in view forty yards before the accident? A. Yes, there are gas-lamps there, and lights from the shops too.
WILLIAM ANDREWS . I am a labourer, and live at Brentford. On the night in question I was standing on this side of the Cannon public-house, and saw the deceased cross off the path to go across the road—he walked steadily—I saw the chaise coming in the direction of the deceased, and saw the horse or the end of the shaft knock him down—it was nearly in the middle of the road—I did not hear any body call out to him before he was knocked down—I hallooed for the chaise to stop several times, but it wen: on, and one of them beat the horse—I afterwards saw some persons at the station-house, but did not know either of them again—I knew the horse and gig again—it was not a very dark night—there was a gas light very near, and lights in the shops—the person who was driving the chaise was not exactly sitting, he was a little on the rise—he could not stand upright—he was neither standing nor sitting—he was off the seat before the accident, and after it too—at the time it happened I was about fifteen yards in front of the chaise—the horse was galloping very fast at the time it knocked the deceased down.
Cross-examined by MR. CLARKSON. Q. How long do you think it was in your sight? A. Not above two or three minutes—I cannot say to a minute—I followed it some yards—altogether not more than three minutes—the driver was leaning forward—I was never in the cage at Brentford—I have always lived in England—I was not in work at this time—I go about gathering marine stores at present—I had been in work, but took up with that, as I could get nothing else to do—I did not see the chaise above half a minute, I suppose, before the man was knocked down—there is a bend in the road, but I cannot say whether it is where the accident happened—it happened just on this side of the Cannon—I do not know whether the bend casts a shade about that spot—I did not see any shadow myself—I saw it quite light—the old man was a very short time in the road before he was struck—he did not stand in the road—he was walking steadily across—I did not see Warden there—I took notice of nobody—my attention was taken by the chaise coming at such a rate—I heard no hallooing,
except what I made myself—it was not above half a minute from my first seeing the chaise till the man was struck—it might have been twenty yards off when I first saw it, but I have not measured it—the old man had got rather better than half way over when he was struck—I did not see the omnibus—there was one, but my attention was drawn to the chaise—I ran after it 300 yards before I stopped—I did not keep it in my sight all the while, it went too fast.
JURY. Q. DO you think the parties in the chaise heard you when you called out? A. Yes, because the driver looked back—I hallooed very loud, and he whipped the horse—he was near enough to hear me—he was sitting on the offside—there was plenty of room for three carriages to pass in the road.
MR. CLARKSON. Q. On which side of the chaise did the driver sit? A. Next the path, on the left side—there was a man on his right hand in the gig—the station-house is on the right-hand side coming towards London—the driver was on the same side as the station-house, and the other, man on the other side—the driver was on the right side as I ran after him, and the other man was on his left—I was further from the old man when he fell than Higgins was—I did not see Higgins, but it must have been so.
GEORGE JOHNSON . I am driver of one of Kidd's omnibuses. On the night of the accident I was driving through Brentford—I saw a one-horse, chaise, with two gentlemen in it, pass my omnibus—I saw the deceased afterwards in the middle of the road, after the accident—that was about 100 yards from where the chaise had passed me—I pulled on one side when it was coming past—it was going very fast, from 14 to 16 miles an hour, galloping—it was going in the same direction as I, towards London—I did not see the accident happen—it was not a very dark night—I should say there was sufficient light to see a person in the middle of the road—the deceased was lying as near the middle of the road as could be when I saw him—I saw the chaise again some time after, just before I came to the Pack-horse at Turnham-green, and a policeman on horseback with it—I asked the policeman if it was the same gentleman that ran over the man, and he said, "Yes, it is all right"—the prisoner heard that—he was in the gig.
Cross-examined by MR. ADOLPHUS. Q. Was your omnibus driving on, or standing still, at the time this happened? A. Going on towards London—I was on the near side, going to London—the chaise must have turned out a little into the middle of the road to pass me—I cannot say which side the old man came from—I did not see him till it was over—there is a bend in the road close to where the accident happened, and a doubtful light might be thrown across the road by that, but I did not take any notice—this happened in the town of Brentford—there were houses on both sides—I did not hear any person hallooing before the chaise came up to the old man—if three or four persons had been hallooing, I must have heard them—I just cast my eye round, and saw the chaise before it passed me—it had gone between twenty and thirty yards, as near as can be, before the accident happened—I did not halloo to the person driving.
HUGH SANDILANDS . I am a policeman. I was on duty at Brentford on the night of the accident—I did not see it happen—I saw the deceased lying in the road afterwards—in consequence of directions I received, I took a horse and went after the chaise—I overtook it near the Hampshire Hog, at Hammersmith—it was going at the rate of about twelve mile an
hour when I came up to it—the horse was trotting—the prisoner was driving, and a young man was in the gig with him—I stopped them, and brought them back to the station-house—the prisoner was a little fresh, but the young man with him was very much intoxicated—I never saw him before, he gave the name of Beck ford at the station-house—the curb was hooked in its proper position, so as to have a command over it——I afterwards drove the horse from Brentford to Isleworth—it was a high-spirited horse, but very manageable and light in the mouth at the time I had it.
Cross-examined by MR. CLARKSON. Q. Was the young man, Mr. Beckford, so drunk as not to be able to take care of himself? A. He was so bad as not to be able to support himself in the chaise—I do not think he was able to stand up in the chaise, turn round, and look about him—from Brentford-bridge to the Hampshire Hog is about three miles and a quarter—the horse was a little distressed, and appeared as if it had been going very fast—I understand the prisoner has behaved very kindly with regard to the deceased's relatives since this occurrence; indeed, the widow herself has told me a hundred times that she hoped he would not be hurt, for he had behaved so kindly to her deceased husband and herself, and she should break her heart if he was punished—the deceased worked for a coal-merchant at Kew-bridge—he was a very feeble old man, and generally used to walk with a stick—I do not know that he was deaf—when I came up with the prisoner, and told him what had happened, he said he was quite unconscious of having driven over any body—he went back with me directly—the widow of the deceased is between fifty and sixty years old.
FRANCIS AUGUSTUS BENNETT BONNEY . I am a surgeon, in partnership with Mr. Ralph, at Old Brentford. I knew the deceased slightly as a labouring man in the town—he appeared nearly seventy years of age—I was called to attend him on the evening of the accident—I found him with four wounds on the face, a fracture of the jaw, and some ribs broken, but the exact number I did not ascertain at the time, and also two bones of the left fore-arm—he afterwards died—in my judgment, his death was caused by the injuries he had received on the occasion alluded to.
Cross-examined by MR. ADOLPHUS. Q. How often did you attend him? A. I think about ten times—three times the first evening—Mr. Ralph attended him, on the whole, perhaps more frequently than myself, as I was called away to a distance before he died—the only question I put to him was, "Do you know where you are, and that you have been run over?"—he said, "Yes, I do"—I believe the prisoner sent him money, and did every thing he could to assist him while he was lying ill—he gave full directions to myself and partner that he should be taken care of at his expense—he has discharged our account, and, I believe, has undertaken to secure a provision for the widow for life.
MR. CLARKSON to GEORGE ANDREWS . Q. I believe you said that you saw one of the gentlemen look round, and the other beat the horse? A. I saw the driver look round, and likewise beat the horse—I said the driver before—you might understand me wrong.
Q. Have you not been sentenced to be transported? A. I do not think I have any business to satisfy you of that—I do not like to answer the question.
Witnesses for the Defence.
soap manufacturers, at Old Brentford. On the night of the accident, I was standing at the top of Burgess's wharf, near the police station-house, with James Warden and John Boddy—it was between half-past seven and a quarter to eight o'clock—I was standing with my face towards Isle worth, conversing with Warden, who had his face towards London, and his back towards New Brentford—I saw the chaise coming along, but not before the accident—when I saw it, it seemed as if a person had fallen out of it—I said, "There is a man run over"—I afterwards found it was Poole—I went into the station-house, after saying something to Warden—Warden did not call out before the deceased was run over, I am quite sure of that, I must have heard him if he had—I swear he did not call out—he could not have seen the gig as soon as I did, it was so rapid—the man laid across the road—when my attention was directed to the gig the driver was pulling up to the utmost of his power.
JURY. Q. You did not hear Warden call out? A. No—I went into the station-house—he might have called out after I went into the station-house.
HENRY GILHAM . I am a shoemaker, and live at Brentford.' On the evening in question I was opposite the One Tun, at Brentford, and saw an omnibus about half-a-dozen yards a-bead of me, towards London—I saw the gig about thirty yards before it came up to me—the gentleman driving had his back to the back of the gig, and was pulling the reins with all his power, but, it appeared to me, the more he pulled, the faster the horse went—he was endeavouring all he could to pull him in, and the whip was not in hand—I did not see the old man, for as the gig passed me I went into my house, which is exactly opposite, and saw nothing of the accident—I know the place where Poole fell—I should think it quite impossible for the driver, by any exertions he could make, to pull the horse in between the space I saw it in, and where Poole was killed—I have been used to the whip myself—the horse was galloping very fast, and the driver was endeavouring all he could to keep him in and stop him.
WILLIAM RALPH . I am a surgeon, in partnership with Mr. Boddy, and live at Old Brentford, On the evening of the 27th of December, the deceased was brought to my house—I continued to attend him till he died—the prisoner called at my house with a friend, and gave me directions to attend on the deceased, and to do every thing in my power for his service, not only in the way of medical assistance, but nourishment, and any thing that could be to his advantage—he only called once—he has paid me since—I asked the old man, shortly before his death, if he was aware how the accident occurred—he said he was, he was run over by a gig—I asked him if he attached any blame to the person—he said, "None whatever, it was altogether an accident," he attributed no blame to any person—I had known the old man for twenty years, and had attended him—he was very feeble—he was lame in both feet, quite a cripple—I believe his hearing was very acute—I do not know that there was any imperfection in that—the prisoner has been very kind and generous to the widow, and she has said that she prays to God that nothing may happen to him.
JOHN BODDY . I am in the employ of Messrs. Roe, soap manufacturers, Old Brentford. I was with Higgins and Warden at the time the accident happened—I was facing towards the chaise—I do not know which way Warden's face was—we all stood together—I saw the gig coming, I
think about fifty yards before it came to me—I did not see the old man begin to cross—I saw where he fell—the omnibus was, I should think, ten yards behind the gig at the time it happened—I saw the driver in the gig—he seemed to be pulling up all he could—the horse's nose was very nigh to his breast—it was going very fast—I thought the horse had overpowered him, and was running away—the spot where the old man fell was between the lamps, and rather shaded.
JOHN PERRY . I am a labourer at Old Brentford. On the evening in question I saw the gig come by me at a very rapid rate—I did not see the man fall down—it was instantaneous—I never saw him till he was right under the wheel—it appeared to me as if somebody had fallen out of the gig—I ran up with others, and laid hold of him, and we held up our hands to stop the omnibus from coming over him—we dragged him on one side, and then took him away on a stretcher—just where this happened there it a dark strike right across the road, and the man's dress was very brown and dirty, like the colour of the road, so that nobody could see whether there was a man in the road or not—it was moonlight, but there was a dark strike right across just there, so that any body might not see the man—the horse was going very rapidly—I cannot say whether it was a gallop or a trot, it was going very fast, the same as I have driven myself many a time—the gentleman was trying to stop it as hard as he could with both hands—I was not examined before the Coroner—I asked the constable next morning if I should go, and he said it was no use, there were 10 many against the gentleman.
— ALLEN. I am a surveyor at Old Brentford. I have made very particular observation of the spot in question, and have a plan of the town—the road is twenty-nine feet four inches wide where the accident happened—the right hand side of the road coming to town is lighted, but the middle and other side of the road is decidedly dark—there are very few shops there, and they have scarcely any light—I believe they have candles—it is seventy-nine yards from the One Ton to the Cannon public-house, and thirty-eight yards from the One Ton to the first gas-light, which is on the other side of the road—the nearest lamp to where the accident happened is about ten yards, and is on the other side of the way—I knew Poole perfectly well—he was very infirm indeed, and crippled in his feet—I believe his faculties were generally giving way—I have seen his widow—her impression is, that this was an accident, that no malice was connected with the occurrence, and she expressed her sincere regret at the unfortunate situation of the prisoner, who has behaved very generously and kindly to her—I understand he has agreed to allow her 1s. a day for life, and he has paid all her expenses—the deceased was not capable of earning that, I understand.
MARY WHITE . I was nurse to the deceased—the prisoner called to see him three times, and gave directions that he should want for nothing, and he would pay every thing—he paid me all I charged for nursing—I was with the deceased up to the time of his death—I saw the prisoner shake hands with him shortly before his death, and ask how he was—he said, "As well as can be expected"—I told him it was the gentleman he met the accident with—he put his hand out of bed, and said, "God bless you, sir," and the prisoner said, "God bless you and restore you, I hope."
happened—he was rather more feeble than usual that day—he had a lameness in his legs—I used to leave it to himself whether, he could do work or not—we gave him 1s. 3d. a day—he was in constant employ, if well—he remarked to me that morning that he was very unwell.
C—MAQUARD. I am a police-inspector, I went with Mr. Sleep, the attorney, to point out the widow's residence, and saw him hand her a sovereign, and tell her she might have what person she liked to conduct the funeral, and he would pay the expenses—she chose Mr. Cole—I have heard her express her hope that the prisoner would not be punished, and that he had behaved very kindly to her.
JOHN COLE . I am an undertaker at Brentford. I buried Poole by order of Mr. Sleep, who paid the expenses on the prisoner's account—my bill was 5l. 14s.—the widow directed the funeral—it was conducted very respectably for a man in his station—it was done according to the widow's wishes—my instructions were to do whatever she directed.
(The prisoner received an excellent character for humanity.)
GUILTY . Aged 41. Strongly recommended to mercy.— Confined Fourteen Days.
WILLIAM SHILLINGFORD . I am in the service of Joseph Edwards, a cowkeeper, in Luke-street, Mile-end. The prisoner lived in his service four months ago—on Monday, the 7th of January, I went to Hanbury's brew-house for a load of grains, and left the horse and cart standing, behind some others, in Great George-street—I pat a nose-bag on the horse—I was absent about a quarter of an hour—on returning, I found the mare and harness missing—the cart was left turned up, and the nose-bag in the tail of the cart—the mare was brought home on the Saturday—I found the harness on the following day at the Castle, Cow-cross, in care of the potboy.
Cross-examined by MR. PAYNE. Q. What sort of a mare it it? A. A bay mare—it is worth 4l. to my master, but not to sell—it stood next to Hanbury's premises.
WILLIAM NEWMAN . I am nearly thirteen years old, and live with my father, in Queen-street, Brick-lane. On Monday, the 7th of January, about twenty minutes after five o'clock, I saw a bay mare, and cart, at the corner of George-street, Bethnal-green—the mare had ail the harness, and the nose-bag on—I saw the prisoner take the nose-bag off, put it in the tail of the cart, and lead the horse away, with the harness on it, down George-street—Shillingford came up in about a quarter of an hour, and I told him I had seen Johnstone take it.
Cross-examined. Q. Had you ever seen the prisoner before? A. Yes.; I am quite sure he is the person—I was eight or ten yards off—there was nobody going by at the time.
HENRY TOWILL . I am a licensed horse-slaughterer, and live in Bowling-street, Clerk en well. On the 7th of January, between six and seven o'clock in the evening, the prisoner brought a bay mare to me, with a collar, hames, and bridle on, and asked me to buy her—I asked what was the matter with her—he said she had fallen down, going up Snow-hill, in a brick-cart, and had almost killed him—he asked 2l. for it—I bid him 30s., which he took—he took the bridle, collar, and hames off, and took
them away with him—the prosecutor's carman came next morning, and claimed her.
Cross-examined. Q. When did you give it up? A. On Saturday, the 9th of January—I thought I should lose if I kept her till the trial—the prisoner's mother came to my place with nine shillings, and said she came from Edward Johnstone—I told her if I took that I should consider it for the keep of the mare—I kept her five nights and four days—there was no arrangement made, that I was to receive 1l., to give it up to Mr. Edwards—I had appointed to give it up to him.
ROBERT HAINES . I am pot-boy at the Castle, Cow-cross. On Monday, the 7th of January, the prisoner came there with a collar, hames, and bridle, and asked if he could leave it there till the morning—he had a pot of half-and-half there—before he came next morning, I heard that a horse and harness had been lost—he brought a man to sell it to, and I would not let it go—he said it was his father's—Mr. Edwards came to the house about a week after, and I gave it to him.
JOSEPH EDWARDS . I am a cow-keeper. The prisoner lived with me as a labourer, five or six weeks last summer—I heard my mare and harness were stolen—I afterwards saw the mare at Towell's, and the harness at the Castle—they have been returned to me—Towell sent to me to say he had got the mare.
Cross-examined. Q. When did he send to you? A. On the Tuesday morning—he wished to detain it a few days to see if he could apprehend the prisoner—I had made no arrangement with the prisoner's mother about the matter, before it came home—I did not say if Towell would deliver it up, I would be satisfied, and not prosecute—I saw her, and her daughter was with her, but said nothing of the kind—I do not know of her pawning a cloak to pay for the horse.
DENNIS POWER (police-constable H 18.) On the 19th of January I apprehended the prisoner at his father's house in Hackney-road. I said, "I want you for stealing a mare, belonging to Mr. Edwards, on Monday night"—he said, "Yes, I done it, it is all right"—on our way to the station-house, he said he certainly took the mare, but did not take her out of the cart, that she was standing close to the cart, he took her away, and brought her to a knacker's, in Sharp's-alley, and offered her for sale, they offered him a sovereign, but he declined that, and went to Towell's, in Bowling-street, where he sold it for 30s., that he was half-drunk at the time, and was sorry for it.
Cross-examined. Q. By whose directions did you take him? A. Not by direction of any one—I had been after him, from the 7th to the 19th—I produce the harness—I have not threatened any one that if they came to give the prisoner a character, I would take them into custody—a chairmaker I know, living in Hackney-road, told me a few days back, that he was coming to give Johnstone a character, and asked if the trial would come on that day—I said no, for the bill was not found, and I told him to be cautious in giving him a character up to the present time, for he had committed felony, within a very short period of this time—he said he could not give him a character to the present time, but would do it till within five or six weeks—I do not recollect speaking to any body else—I have not used any means to prevent persons coming forward.
HENRY TOWELL re-examined. Mrs. Johnstone and her daughter came to me several times—I do not know whether the daughter waited at my house while the cloak was pawned—I did not give her directions where to pawn it—she did not bring a cloak that I know of—I never saw her—there was no agreement that she should pledge it—I do not know Rosier's, the pawnbroker.
MR. PAYNE called
MARTHA JOHNSTONE . I am the prisoner's mother. On Saturday, the 12th of January, I went with my daughter to the witness Towell's, and paid him 9s.—I went to a friend of mine to lend me 1l.—she had no money, but she lent my daughter a cloak to raise the money—I went to Towell's with it—I showed it him, and told him I had no money, but I would go and get all I could on the cloak—I then went and pawned it at Hosier's, in Turnmill-street—my daughter stopped at Towell's while I went to pawn it—I took Towell the 9s., and showed him the ticket—I promised in the course of the week to pay him the rest, 11s.—after I paid the 9s. he ordered his brother-in-law to fetch the horse; and deliver it up to my little boy—I went home with it, and saw it delivered up to Mr. Edwards—Towell's brother-in-law went too—we left the horse at the corner of the street, and went to ask Mr. Edwards if he would be any thing towards the remainder of the money—he said no, but he would give the little boy a shilling for bringing it home—I had been to Mr. Edwards that morning, before I paid the 9s., and he said all he wanted was his horse and harness.
ANN JOHNSTONE . I went with my mother to Towell's, on Saturday, the 12th of January. I borrowed a cloak of a young woman to get the 9s. on—I stopped at Towell's house while my mother went and pawned it—I saw her pay Towell 9s., and 11s. more was to be paid in the course of a week—we then went to Mr. Edwards with the horse and saw him—he got his horse back—he said when he had his harness back he should be perfectly satisfied—my brother was taken into custody nearly a week after, at our house.
HENRY TOWELL re-examined, I took 9s.—I know nothing about 11s. more to be paid—that is not true—I had agreed before to deliver it up to the prosecutor—I took the 9s. for the keep—this was the same day on which I had agreed to deliver it up—I knew it was stolen—I sent it to the prosecutor by my brother-in-law.
(WILLIAM MAY, bricklayer and plasterer; and James Benton, dyer and scowerer, gave the prisoner a good character.)
GUILTY . † Aged 32.— Transported for Ten Years.
713. ANN BROWN was indicted for feloniously breaking and entering the dwelling-house of Joseph Matters, on the 4th of February, at St. Anne, Westminster, and stealing therein, 2 veils, value 15s.; 2 handkerchiefs, value 8s.; three shawls, value 30s.; I cloak, value 25s.; 11 yards of silk, value 24s.; 3 yards of linen cloth, value 6s.; 2 gowns, value 2l. 10s.; and I cape, value 10s., his property.
MARGARET TROWER . I am servant to Sarah Matters, who keeps a bonnet shop in Crown-street, Soho. On Monday, the 4th of February, as I was coming down stairs, I saw the prisoner come out of my mistress's bedroom on the first-floor—I asked her who sent her there—she said, "Oh," then walked down, opened the parlour door, walked into the shop, went up to
the shopwoman, and said she had sent her up for the things—I pulled open her cloak, and two dresses, a cape, and two keys dropped on the floor—I sent for a policeman, who came—I afterwards went up stairs, and found the other articles lying on a chair, wrapped up in the cloak—I had put them in a drawer about an hour before folded up—I locked the room door, and had the key when I saw the prisoner—one of the keys found on her opened the door.
MARY ANN PHILLIPS . I am shopwoman to the prosecutrix. I saw the prisoner in the shop after she came down stairs, followed by Trower who pulled her cloak open, and two dresses, a large cape, and two keys fell from her—she said I had sent her up stairs for the things—I had not done so.
WILLIAM COGDELL . I am a policeman. I was called in on the 4th of February, and took the prisoner with these articles from Phillips—she denied going up stairs into the room—the keys were given to me in the house.
Prisoner's Defence. I went in to purchase a bonnet—the things laid in the shop, and they accused me of taking them.
GUILTY . Aged 19.—Recommended to mercy.— Confined Six Months.
714. HENRY BOXER was indicted for feloniously breaking and entering the dwelling-house of James Bruton, on the 11th of January, at St. Dunstan, Steboneath, otherwise Stepney, and stealing therein, 2 coats, value 2l.; 2 waistcoats, value 10s.; 2 pairs of trowsers, value 16s.; 3 shirts, value 10s.; 3 spoons, value 15s.; 21 yards of cotton, value 14s.; I shawl, value 13s.; 1 pair of boots, value 5s.; 4 gowns, value 1l. 19s.; 7 yards of lace, value 1s.; 2 petticoats, value 8s.; 2 sheets, value 5s.; 4 stockings, value 3s.; I guinea, 3 sovereigns, I crown, and 2 half-crowns; the goods and monies of the said James Bruton.
MARIA BRUTON . I am the wife of James Bruton, a labourer, who lives at No. 18, Durham-row, Stepney church-yard. On Friday, the 11th of January, between ten and eleven o'clock in the morning, I left my house, leaving nobody in it—I double-locked the door, and took the key with me—the doors and windows were fast—I returned between twelve and one o'clock, and found the door on the single lock—I missed my canary bird out of the cage—a small box had been broken open, and two sovereigns and a guinea taken out, a table spoon, two tea-spoons, seven yards of narrow edging, and half a yard of net—I also missed a pair of boots, two flannel petticoats, some stockings, and three shirts—I complained to the officer, and found the prisoner at the station-house about two o'clock that day—he had a very dirty face, and a remarkably clean shirt on, and on looking at it I found it was my husband's shirt, which I had left in the drawer.
Cross-examined by MR. CLARKSON. Q. Is there a back as well as a front door to your house? A. Yes, there are but two rooms in the house, and a back shed—I had 21/2lbs. of pork in that shed and some butter—the prisoner told me of that at the station-house, but I did not know it was gone then—there is a window to that shed, which had not been opened for two or three days, for I did not usually use it—it looks into a small garden—there is a wall six or seven feet high—I had no
occasion to look at the window before I went out or during the day—my husband had gone out at half-past seven o'clock in the morning—he is not here—I found the window just as I had left it—I found the impression of a chisel on the window shutter in front of the house—I am quite sure that window was in a different state to what I had left it, because there was an aperture in the form of a wedge, about eight inches down—it is a sash window, and was fastened with a bolt and a small hinge—there is a shutter to it—I did not open it myself, one of my neighbours did—the shutter was closed when I left, and the window fastened—I found the shutter open, not the window—a person could have got in at the window—I suppose that was the way they entered—a pick-lock key was produced afterwards, which exactly fitted my door—there is a shutter to the back window, but that was up and fastened—I have not had it down since—I found the back door fastened with two bolts, as I had left, it.
MARY ANN ANDREWS . I am the wife of Thomas Andrews, a carpenter, at Stepney. On the day in question I was coming through Stepney church-yard, and saw the prisoner and another man come out of Mrs. Bruton's house, and close the door after them—the prisoner had a chisel in his left hand—I knew him before, and am positive of him—the other man had a bundle—I watched them as far as I could see them—I then went to No. 18, and knocked at the door, but found Mrs. Bruton was not at home—I then informed her next-door neighbour, and went to the station-house, and told the policemen—I am certain of the prisoner.
Cross-examined. Q. How long had you known the prisoner? A. About a fortnight before, when I went to his house on a little business—I cannot say whether he had whiskers on—I have not said he had—I did not take notice—my husband works for Mr. Alsop, a master-builder.
CHARLES HENRY MOCKETT (police-sergeant K 5.) In consequence of information I went to Bruton's house, and found every thing in confusion—I went in pursuit of the thieves, and, on inquiring, found two men had gone through the church-yard, one carrying a bundle—I went into Limehouse-fields, and made further inquiry—I knocked at several doors, and one door was opened by the prisoner's wife—I asked her if two men had come in—she said, "No," but I saw the prisoner through the glass in the house—I immediately went into the room, and said, "Boxer, it is all wrong"—he said, "Mockett, I don't understand you; what do you mean?"—I said, "There is something wrong; you know I am right; two men have come in here"—he said, "Well, it is no use keeping any thing from you; two young men have come and taken my room, and have left a parcel there, and if it is wrong you must take it away"—that the man had just gone out and taken. the key, and one man's name was Stiles—he rose from his chair, and said he would authorise me to break open the door of the room which Stiles had taken—I said, No; he, being the landlord, had better break it open—he said be would not—I called in a constable, and gave him and his wife into custody—I then sent for a ladder, and got into the room from the street, and found all the property which had been stolen from the prosecutor—I examined the front-parlour shutter of the prosecutor's house, and found impressions of a chisel on the outside shutter—it had been forced—I found a chisel corresponding with the impressions in the prisoner's shop—it if not a chisel used by cabinet-makers—Mrs. Bruton claimed the shirt the prisoner had on his back at the station-house—I found on a bench in his shop a key which opened the room door where the property was, concealed
—he told me the young man had taken the key with him—I tried the key to the prosecutor's door, but it would not open it—he could have got in at the window.
Cross-examined. Q. Who did you receive your information from? A. Mrs. Andrews and another female—I should say I went to the prisoner's house about twenty-five minutes after I had seen her—I went to several houses before I went to his—Mrs. Andrews did not say any thing to me about the prisoner—she did not mention any particular person—the prisoner is a cabinet-maker by business—I have known him eight years—I do not know of his keeping a broker's shop, or having lodgers—when Mrs. Andrews saw him at the station-house she said he was the man—that was between two and three o'clock, and after I had found the property at his house, but she did not know the property was found.
JURY. Q. What induced you to go to the prisoner's house? A. Mrs. Andrews said she saw two men go up the church-yard—I then received information, and went on in that direction, knocking at several doors, and seeing the prisoner in his house, and knowing him to have been in trouble before, it made me suspect him.
(Property produced and sworn to.)
(Benjamin Strutt, pocket-book maker, Aldersgate-street; Thomas Bradley, carpenter, Wilmington-square; Thomas Clicksby, Cleveland-street, Fitzroy-square; and Elizabeth Butterey, East-street, Stepney; gave the prisoner a good character.)
GUILTY .* Aged 45.— Transported for Ten Years.
(There were two other indictments against the prisoner.)
715. CHARLES MARTIN and HENRY WEBB were indicted for stealing, on the 18th of January, at St. Giles-in-the-Fields, I cash-box, value 2s.; G sovereigns, 7 half-sovereigns, 16 half-crowns; 60 shillings; 36 sixpences, and 6 fourpences; the goods and monies of Sarah Coombs, the mistress of the said Charles Martin, in her dwelling-house.
SARAH COOMB . I am a widow, and keep a beer-shop in Great St. Andrew-street, Seven Dials. The prisoner Martin was my pot-boy, and had 5s. a week and his board—Webb slept in the house with Martin—he represented him as his cousin—I had never seen Webb in the house before Martin came there—on Friday, the 18th of January, I took the (in cash-box to my bed-room, which is the first floor back room—it contained as near as I can tell 15l. or 16l. in sovereigns, half-sovereigns, and silver—I placed it between the mattrass and the bed at the foot of my bed—it was locked—I left the room about a quarter past eleven o'clock at night—I locked the door after me, and put the key in my pocket—I had occasion to go out to a friend's house for half an hour just over the way—I sent Martin to bed before I went out—I was not aware of Webb being in the house, but he was there—I returned before twelve o'clock, and went to bed immediately—I did not detect the robbery till the morning—I found my room door locked as I had left it—I opened it with my key as usual, and locked it inside—next morning I got up as usual to call Martin to open the shop—he did not answer—I went into his room, and he was gone—I directly ran to my bed-room, and missed my cash-box—I gave information at Bow-street, and the prisoners were apprehended at Wolverhampton—I have never seen my cash-box since—all my papers and receipts were in there was a little piece of silver coin in it with an anchor on it.
SAMUEL WRIGHT (police-constable P 172.) In consequence, of information on the 1st of February I went in search of the prisoners to Wolveshampton—I found them there in custody for this offence—they had been advertised in the "Hue and Cry"—I knew Martin before—I told him I had come to apprehend him for taking a cash-box from Mrs. Coombs, of Seven Dials—he said he had taken the cash-box out of his mistress's bed-room, and that the prisoner Webb went from the house with him—(Webb was close by his side, and heard him say this)—he said he had carried it as far as Barnet—he there broke it open, and took out the contents, gold and silver, and likewise the books, and threw the box over a hedge—that they then proceeded as far as St. Alban's, and destroyed the books and papers by putting them in the fire—I have a small piece of coin which the superintendent at Wolverhampton gave me in their presence, also two sovereigns and seven half-sovereigns, and a latch-key, which he said he had taken from Martin—Martin said he had taken the silver coin out of the cash-box.
PETER KENDALL (police-constable P 1.) I went with Wright to Wolverhampton, and found the prisoners there in custody—I told Webb I was going to take him to London on suspicion of stealing a cash-box, and 15l. or 17.—he said he knew nothing about it, he had not been near the place—he did not say what place—he said he had left London with Martin, but had not been near the place—I received 2l. 17s. from the superintendent in his presence—I asked Webb where he got that money from—he said he had received it from a master in Lincoln—I asked his master's name—lie could not tell me—I asked in what part of Lincoln his master lived—he could not tell me—I also received two keys from the superintendent in his presence—I asked Webb where he got them from—he said Martin gave them to him—Martin heard that, and did not deny it—one of those keys fits Martin's bed-room door at the prosecutrix'e house, and the other is a latch-key of the outer door.
Webb. Q. Did I not tell you that my father and mother had gone to Australia, and that I had the money from them? A. No—you did not tell me you lived at Old Castle, near Lincoln.
MRS. COOMBS re-examined. This piece of com I should say I know—the piece I lost was very similar to it—Martin has said while he was with me that he had a key which would open any door in my house.
Webb's Defence. I know nothing at all about the case or the cash-box—I lived with Mr. Cook, a veterinary surgeon, at Old Castle.
MARTIN— GUILTY . Aged 20.
WEBB— GUILTY . Aged 20.
Transported for Ten Years.
First Jury, before Mr. Common Sergeant.
GUILTY . Recommended to mercy.— Confined Ten Days.
MR. RTLAND conducted the Prosecution.
DANIEL TANNER . I live at Lower-place, Wilsden. Between two and three months ago I turned out a mare on Old Oak-common—I saw her last there on Saturday moraine, the 2nd of February, about twelve o'clock—her
near fore foot was injured—she was worth 3l.—I gave directions to Lusher, my groom—I afterwards got information from him, and told him to give information to the police—the horse was afterwards brought home to me by Lusher.
JOHN LUSHER . I am groom to the prosecutor. I had the charge of his mare—I went to Old Oak-common to look for her on Saturday, the 2nd of February, to take her to the smith's—I looked all over the common, but could not find her—I went and told my master—I went to the police station at Hackney, and gave them information—I found her next day in possession of Crow, of Acton-green—the policeman took her from me again—she has since been returned to my master.
GEORGE HORN . I live with my father and mother at Old Oak-common, near Acton. On Saturday, the 2nd of February, I was in a field near the common, about twelve o'clock—I had seen Mr. Tanner's mare on the common that day—I know the prisoner Harris—I do not know much of Richards—I have seen him—I saw them both that day—they went on the common, and caught Mr. Tanner's mare, and took her away—Richards gave the tall man (Harris) a halter which he put on the mare—one held her by the neck, while the other put the halter on—Richards stopped on the hill while Harris led her away, and then he followed after—they went up a lane towards Acton-green, and I saw no more of them.
Richards. He says the tall man put the halter on, but it was me, and Harris was behind me. Witness. I am certain the tall one put the halter on, and led her away, and the other followed after.
Cross-examined by MR. PAYNE. Q. You had seen the tall one before? A. Yes—it was a lame mare—I had seen it before.
THEOPHILUS FARRINOTON . I am a blacksmith, and live at Acton-green. On Saturday, the 2nd of February, I saw the prisoners standing with the mare in front of the Duke of Sussex public-house at Acton-green—Richards had the mare in his hand, and Harris was close to him—the mare had nothing but a halter on—I went up and asked Richards whose it was—he said it belonged to Mr. Jenkins of Rotherhithe, that he had got that and two others to sell to knackers, because there was nothing for them to eat on Old Oak-common—I asked him the price—he said 30s.—I asked him to let me see it walk—it was lame—I offered him 25s. for it, which I gave him—Harris was near enough to hear all that passed—I took the mare and tied it outside my shed, which is close to where I bought it—I then asked Richards to give me his name—he gave me the name of John Smith—he could not write it himself, and Harris wrote it for him—this is the paper—(reads)—"Bought of John Smith, 1 mare for 25s."—I asked Richards where he lived—he said he lodged at the night-house at Hammersmith—I told him I would go to Mr. Jenkins, and purchase the other two at Rotherhithe—here is the direction he wrote out for me to go—"Jenkins, scavenger, Richard-street, Rotherhithe"—I went first to Hammersmith with them—as I went along, I met Crow, and asked him to take the mare into his shed till I returned—I afterwards asked Richards if he objected to put a sovereign of the money down till I came from Rotherhithe, and if he came by the mare honestly he should have it, if not I should give him in charge—Harris went with me to Rotherhithe—I found Jenkins, and he said he had nothing of the kind to sell—Harris was with me—we came away, and Harris then said he was afraid it was a bad job, he was afraid it was stolen, and we had better get home as quick as we
could, and see if we could not take the prisoner, meaning Richards—I went home—Harris went with me to Hammersmith—I left him there—I searched every house about there for Richards, and on Sunday morning I got information, and found the mare belonged to Mr. Tanner—his groom went with me and identified it—I described Richards to the police-sergeant, and he was taken.
Richards. You said you did not care if it was stolen or not, you would buy it. Witness. I did not.
Cross-examined by MR. PAYNE. Q. Did Harris take any part in the conversation about Jenkins of Rotherhithe? A. No—he wrote it down because Richards could not write—I did not pay Harris any money—Richards gave as a reason for not going with me to Jenkins, that he had some sheep to feed—he gave Harris 1s. to pay the bust—Harris went willingly with me—he could have gone away when he liked—he went back with me to Hammersmith, and assisted to find Richards as far as Hammersmith, and he came to my house on Sunday morning to see if I had found him.
RICHARD FRUIN (police-constable F 83.) On Sunday, the 3rd of february, between twelve and one o'clock, I was at Acton-green—I was talking to Farrington concerning the mare, when Harris came up—I took him into custody, and told him I took him on suspicion of stealing the mare, being in company with Richards at the time—he said he went with Richards to Old Oak-common, and assisted him in catching the mare, and assisted him to Acton-green, where he sold it to Farrington, and wrote out he receipt—he said nothing about a halter.
WILLIAM WINNING . I am a constable of Acton. I received information of the loss of the mare, and went to look for Richards, on Sunday the 3rd of February, I found him at his father's house, about ten o'clock at night—I told him I apprehended him on a charge of horse-stealing, and cautioned him not to say any thing prejudicial to himself, as it might be brought against him—he said, "I am guilty;" that he met Harris at a public-house at Hammersmith; and had a conversation about some horses; that Harris borrowed a halter of the ostler, and went with him to Old Oak-common, Harris examined two or three horses, and pitched on this mare as the most saleable, and took the mare round the neck, and held it while he (Richards) put the halter on; that Harris agreed with him to sell the horse, as he could find a ready customer for it, and they were to share the money; that Harris had 1s. to pay his coach hire to Rotherhithe, and that he took part of the beer.
MR. PAYNE called
ROBERT PULFORD . I am ostler at the Chaise and Horses, at Hammer smith. On Saturday, the 2nd of February, I saw the prisoners there—I heard Richards ask Harris to go with him to catch a horse on Old Oak-common, that is about two miles from the Chaise and Horses—Harris asked whether it was right—Richards said, "Yes, so help me God"—he said he had got the horse to sell for a gentleman—I took some cheeses up to Mr. Pater's, the other side of Broadway, and Richards went with me to help shove the truck, and as I came back he asked me to lend him a halter—I did so—they then went away—in the evening Harris came back' to our house with Farrington—they said they had been to the other side of London, and that the gentleman had not got any mare, it was false—I saw Harris again the same evening—he did not run away—I saw no more of Richards—I have known Harris a long time—he lived at Hammersmith—I never saw Richards before that day.
MR. RYLAND. Q. When did you catch the horse? A. Between ten and eleven o'clock in the morning—he said he had got it to sell for a gentleman.,
RICHARDS— GUILTY . Aged 22— Confined One Year.
HARRIS— NOT GUILTY .
MR. BODKIN conducted the Prosecution.
JOHN EDMONDS . I keep a public-house in Hatton-garden. The prisoner was about two months in my serf ice as barman—he received money and put it into the till—I understood he was in very indigent circumstances—I was to pay him 18l. a year, and be was to board and lodge in the house—I received information, in consequence of which I procured a key which opened his box, and looked into it from time to time—the first time I found 2l. 10s. in gold, twelve shillings, five sixpences, and three fourpenny-pieces—I looked several times, and found that money gradually increasing from day to day—I then marked some money, and afterwards looked into his box, and saw a marked shilling, which I left there—I afterwards looked in again, and it was gone, and all the rest of the silver—I then marked some sixpences, and afterwards found a sixpence I had marked—that was on the Sunday morning when I gave him in custody—the officer searched him in my presence, and another sixpence was found on him, which I had marked the night before about ten or eleven o'clock—he was taken into custody about eleven o'clock on Sunday morning—the money was taken from my till—(looking at two sixpence)—these are what I marked.
(The prisoner received a good character.)
GUILTY . Aged 20.—Recommended to mercy.— Confined Ten Days.
JAMES HAMILTON STORY , ESQ. I am a barrister, and live in Bryanstonsquare. On the 1st of January I was at the pit-entrance of Covent-garden theatre, standing in the crowd—a person touched me, and asked if I had not lost a handkerchief—I felt, and found I had—I know I had it half an hour before—I believe this to be mine—(looking at it)—it has my initials, "JHS," on it—I would not swear to the pattern of it—I have no reason to doubt it.
Cross-examined by MR. PAYNE. Q. Were you going into the theatre, or merely standing looking? A. Standing there—I intended to have gone in—there was a great crowd—the Queen was going there.
JAMES WILD (police-constable D 124.) I was at the pit-entrance of Covent-garden theatre on the 1st of February, in plain clothes—I saw the two prisoners standing behind the prosecutor—I saw Iman take a handkerchief from the prosecutor's pocket, and pass it to Levey—they were pushing out of the crowd—I touched the prosecutor, and said, "You have had you pocket picked"—I laid hold of them—Levey took the handkerchief out of his trowsers pocket, and I took it from his hand—I searched them at the station-house, and found another silk handkerchief
on Levey, a pair of scissors, and 1s. 6d.—I found on Iman two silk handkerchiefs, a snuff-box, and 3s. 6d.
Cross-examined. Q. How near were you to the prisoners? A. Close—there was a great crowd in front of them, but not so many behind—I could see the man take the handkerchief very well—the people were all trying to get into the pit-door—this was under the piazza—I have no reason to doubt that the property found on I man was his own—he would not state who the white silk handkerchief belonged to at the station-house—it has no initials on it—one I found on Levey has "C E A 4" on it—Levey said, at the first examination, that he had bad the prosecutor's handkerchief eighteen months.
(The prisoners received good characters.)
LEVEY— GUILTY . Aged 18.
IMAN— GUILTY . Aged 18.
Confined Three Months.
JOHN HALLAM . I am a policeman. On the evening of the 21st of January, at half-past five o'clock, I was in Grafton-street, and saw the prisoner walk up to Mr. Healey's shop, take a piece of mutton, and run away—I ran after him, and he threw it away—I still ran, and secured him—my brother constable took up the mutton.
Cross-examined by MR. PAYNE. Q. Did you see him take it? A. Yes, from the right-hand side of the shop—I was within twelve yards of him, in plain clothes—he ran about 200 yards—I did not lose sight of him at all—I stopped him.
Cross-examined. Q. Did you miss it? A. Not till the policeman brought the prisoner back—it bung behind some other meal—it could be reached from outside the shop.
(The prisoner received a good character.)
GUILTY . Aged 15.— Confined Ten Days.
THOMAS PROSSER . I am in the service of John Fulcher, a linen-draper in Shoreditch. About eight o'clock, on the 12th of January, I was standing in the shop, and heard an umbrella fall, which hung at the door—I immediately ran out—a woman gave me information—I ran in the direction she pointed, and five doors off I saw the prisoner stopped by two men, with the shawl rolled up under his arm—I examined it, and it was my master's—this is it—(looking at it)—I had seen it safe about an hour before, hanging about three feet within the shop—the two men went away when I took him.
Prisoner. The shawl was chucked on my shoulder as I walked along—the two men saw it on my shoulder. Witness. He had it rolled up under his arm.
to the young man, and gave information, and he was brought back—he had run off with it.
Prisoner. She is telling a falsehood—I was ten doors off when it was thrown on my shoulder.
GUILTY . Aged 17.— Confined Three Months.
NEW COURT.—Tuesday, Feb. 12th, 1839.
Fifth Jury, before Mr. Recorder.
JOHN FREDERICK WALTER, M.D . I live in St. Paul's Churchyard. On the 12th of January I was in Finsbury-place, between five and six o'clock—I saw the two prisoners eight or nine yards before me, in conversation with one another, and presently they paused for a moment, before Mr. Prior's shop—Jones entered the shop, and suddenly decamped, with a piece of pocket-handkerchiefs—he rolled it round his hand, as if to give it to Wade, but he had not time—I pursued, and the boy from the shop came, and called "Stop thief"—I ran and caught Wade, and another person caught Jones, in the act of throwing them down—Wade was close to the door when Jones went in, and in view of him.
PRINCB HOARE . I live in Bartholomew-street, Hoxton, and am a ware-houseman. I was passing the prosecutor's shop, and saw Jones coming out, with a piece of handkerchiefs in his hand, and partly on the pavement—Wade was standing at the shop-window, and they went away together—I saw them taken back into the shop, and I heard Jones ask the prosecutor's wife to forgive him.
Jones. You said, at Worship-street, you could not swear that you saw me come out Witness. I did not say any thing of that sort.
(The witness's deposition was here read, and agreed with his evidence.)
RICHARD WHITE . I am in the service of Edward Prior, a hosier, in Finsbury-place. I saw a piece of silk handkerchiefs being pulled down from the door—I ran out, and saw these two boys going along—Jones had one end of the handkerchiefs under his arm, and part on the ground—Mr. Walter took Wade, and they were brought back—Jones asked Mrs. Prior to forgive him—he said it was his first offence, and he would not do so again—Wade said he had nothing to do with it—they were running at first, but when I came up they were walking, and Jones was about to throw the handkerchiefs down—they were close together—these handkerchiefs are my master's.
Jones's Defence. I was left fatherless eight years ago, in the protection of a poor aged mother—I obtained an honest living till my master went to Glasgow—being on the Pavement, looking for a place, and seeing the goods at the door, I was induced to take them.
JONES— GUILTY . Aged 14.
WADE— GUILTY . Aged 16.
Confined Three Months.
the keys of a chapel at Heston, in Middlesex—it was in my charge—I missed 13/4 cwt. of lead from the roof—the proprietors of the chapel are John Walls and John Hunter—James Walls is the son of John Walls, but he is not a proprietor.
Cross-examined by MR. PAYNE. Q. From whom did you receive the key? A. From Mr. Walls, Mr. Hunter does not interfere—I never saw him—I received the key on behalf of Mr. Walls and Mr. Hunter.
JOSEPH BARNES . I am fourteen years old, and live on Hounslow-heath—I know the prisoner—I was at the Tenterden Arms at Hounslow with him and George Potter, Henry Colton, and my brother Abraham—we staid about twenty minutes in the tap-room—I went with the prisoner and George Potter on Hounslow-heath—we went to this chapel, about one o'clock in the morning—it is a Methodist chapel—we took some lead off it, but not quite all—we took the lead to Shepherd's, each of us carrying a part of it—I know Mills—we did not carry that lead there—we took some other lead.
Cross-examined. Q. How many more things of this kind have you been concerned in? A. Two or three—I gave evidence against Shepherd, but the Grand Jury have thrown out the bill.
THOMAS CHESTERMAN . I am a watchman at Hounslow. On the 4th of January I was on duty, and saw Camp, Potter, and Barnes, about half-past twelve o'clock, in Irish-lane—I went to them and asked what they were waiting for—they said, "Nothing particular"1—they left me and went on, in the direction of the chapel, which is beyond my beat—I went my rounds, and met the other watchman—I told him what I had seen, and went back again to the place, but the prisoner and the others were gone—I expected I should hear of a robbery, and next morning I heard of this.
WILLIAM CHAMPION (police-constable T 89.) I was on duty at Turnham-green on the 31st of January, about eight o'clock in the evening, I saw the prisoner with something bulky under his smock-frock—I stopped him, and found he had a quantity of lead—he said he found it in a sheep-cote near Hounslow—I have not been able to ascertain who it the owner of that lead—the lead from the chapel has not been found.
ROBERT STEWART (police-constable H 30.) On the 4th of January I saw Chesterman—I made inquiry about Barnes, and went and took him—he confessed the whole of the transaction—I went to the chapel and missed the lead—it appeared to have been fresh cut.
Cross-examined. Q. You had taken Barnes before he told you of this and other concerns? A. Yes.
(John Passy, a sale-porter at Hounslow, and Edward Weatherly, a brewer's clerk at Twickenham, gave the prisoner a good character.)
GUILTY . Aged 18.— Transported for Seven Years.
JOSEPH RANDALL . I keep a beer-shop in Marylebone. On the 3rd of February the prisoner came and had half a pint of ale, and when he went away I missed a pot off the table—I went and found him just before he got to his own house, in Salisbury-street—I said he had got one of my pots, and told him to come back—when we got to Little North-street, he proposed my going on first, but I would not—when we got near to my house, he pulled this pot out of his hat, and put it on the railings.
JOHN TAYLOR (police-sergeant S 17.) I went to the prisoner's house, No. 31, Salisbury-street, Lisson-grove—I found there a pot of Mr. Randall's, which I now produce—also three others, all in the bent state they are in now.
Prisoner. I hope you will have mercy.
GUILTY . Aged 46.— Confined Six Months.
(There was another indictment against the prisoner.)
MR. PRENDERGAST conducted the Prosecution.
GEORGE FREEMAN . I live in Tower-street, Waterloo-road. I attend various fairs and markets with cutlery, and sell at an open stall. On the 8th of October last I took a quantity of booth-furniture from a fair, to Mr. Kimber, an ironmonger—I give him a sovereign a year for taking care of my things—there were five tilts, some green-baize, and trimmings—the prisoner had been in my service part of two years—I did not write this order—(looking at it)—nor authorize any one to write any letter for the purpose of getting my property delivered to the prisoner, or to me—I never sent the prisoner with any letter or message to Mr. Kimber—I never received from the prisoner any of those tilts.
PETER KIMBER . I live at Colebrook, in Buckinghamshire. Mr. Freeman left some tilts, and some baize, and trimming with me—the prisoner brought me this letter—(looking at it,)and in consequence of it, I delivered him the articles mentioned, which belonged to Mr. Freeman—he said he brought the letter from Mr. Freeman, and he wanted such and such articles to take to different places, and I delivered them to him—the prisoner had come to me once before, and I told him I would not let the things come without a letter from Mr. Freeman—I delivered him the tilts and green-baize, and other things—there were about four letters brought—I delivered nothing without a letter—I do not know whether all the letters were dated—some were dated—(Letter read.)
London, Nov., 1838. MR. KIMBER—I was very much surprised to think you sent my man to town without the tilt, knowing him to be the same that fetched the other two—I should have come myself, but I am very unwell; the man's journey cost me five shillings to-day, but depend upon it, I shall be at Colebrook on or before Black water fair, and will pay you for your trouble; my wagon which was for sale, I mean keeping it. "To Mr. Kimber, Colebrook." GEORGE FREEMAN."
GEORGE RADNOR . I live at Windsor, and am a pawnbroker. I received two tilts from the prisoner—one was in October, and the other in November, but that one was redeemed by Mr. Pike very shortly afterwards, and there was some trimming with it.
WILLIAM PIKE . I live at the Catharine Wheel-inn. I redeemed a tilt from Mr. Radnor, and took it home—I have it here—the prisoner had sold me the duplicate for 5s., saying he did not want it—that he took it
to a man at Windsor, to sell, but the man was in prison for debt, and he pawned it—I should say, I have bad the tilt very nearly two months—this is it.
MR. FREEMAN. This tilt is mine—it was made at Brighton two years ago last summer—it cost me 4l. 15s. beside the making.
JOSEPH SHACKELL . I am an officer. I apprehended the prisoner at Taunton, in Somersetshire—I told him what he was charged with, and read him a description from the "Hue and Cry"—he said it was right, and told me where he had pledged the things, and for what amount—I heard of the tilt pawned at Mr. Radnor's—I brought the prisoner into the county of Middlesex—he told me he pawned one tilt in Drury-lane, and the others at the other places—I saw the prisoner write—he began writing a description of the property he took—I took the pen and finished it—this letter is the same style of writing as his—I should have no hesitation in taking my oath it is the prisoner's writing.
Prisoner. I did not write three letters, for you took the pea and wrote it yourself. Witness. You commenced writing a description of the property.
Prisoner's Defence. On the 25th of June, I was in a fair, and happened to see the prosecutor's wife—they were then employing five women in making a new tilt, and she asked me to come and help make it—I did so, and on that very night, four of the woman were discharged—I kept on until it was finished in a temporary way, to put it up, and daring the whole of the fair I was in waiting night and day, and I was asked to ge to Fairlop fair to finish it—she said she would satisfy me—they staid there eight or nine days after the fair, I worked and finished the tilt and green baize—his wife then engaged, me to go to Horsham, in Sussex, with them—I went, and made two pairs of trowsers there, and worked for them until about August—at Brighton I made another tilt and the green baize—I was at that time earning 36s. or 2l. a-week—as soon as Egham races were over, the prosecutor's wife told me they did not want me any longer, and they were satisfied with what I had done—I said, no doubt, but I wanted to be paid, as I had not received above 7s.—the prosecutor said, bad not he kept me well?—he knocked me on the head—he gave me a shilling, which I did not refuse, and he said I might do what I liked—I went and got these things which I had made, and pledged for the money he owed me.
COURT, to GEORGE FREEMAN. Q. Did you pay him only 7s.? A. I do not know that I gave him any thing—I believe my wife gave him some—I do not think he was paid sufficiently, he ought to have had a little
GUILTY . Aged 31.—Recommended to mercy by the Jury. Confined Two Years.
726. SOPHIA ROBSON was indicted for feloniously receiving, of a certain evil-disposed person, 1 boa, value 5s.; 1 umbrella, value 2s.; 1 shawl, value 2l.; and 1 gown, value 2l.; the goods of Richard Sanderson, well knowing the same to have been stolen; against the Statute, &c.
MR. PRENDEROAST conducted the Prosecution.
MARY ANN SANDERSON . I live in Howland-street, Fitzroy-square, and am the wife of Richard Sanderson. Mr. Brandon lodged at my house—he was rubbed, and at that time I lost a box containing silk dresses, and
a boa, and other things—I lost an umbrella, a shawl, and a gown—they were taken at sundry times—my son, James Alexander Cameron, was in the habit of coming backwards and forwards to my house at that time—he was convicted of part of that offence—I went with the officer to the prisoner's house, and found the duplicates of my property.
Cross-examined by MR. PHILLIPS. Q. I believe Mr. Cameron was a gold dentist? A. No, he was in no business—he lived with me, and had the manners and appearance of a gentleman.
MR. PRENDERGAST. Q. Did he regularly live in your house? A. He sometimes went away for a fortnight or three weeks, and then came back again—he would be twenty years old next March.
JOSEPH SHACKELL . I am an officer. I went with a search warrant to No. 8, Hanover-street, Long-acre, to the front-room, first-floor, which the prisoner occupied—she was in bed—as soon as the prisoner opened the door, she said, "Oh, Mr. Shackell"—I told her I was come to search the room for some things stolen by young Cameron, and I asked her if she had any duplicates—she said "Yes," and handed me a little bag with some in it—I asked if she had any more—she said, "Yes," and gave me another bag, with more duplicates, about sixty in all—but some were of her own property—amongst others I found some relating to the articles in question—she said she had purchased some of them of a person of the name of Cameron—there was a box in the room by the side of the bed—Mrs. Sanderson, who was with me, identified the boa—I took the prisoner, and a person of the name of Dyer, who was there—Dyer stated he had known Cameron a long time, and knew him to be a thief, that he had purchased some of the duplicates of him, and the prisoner had done so too—the prisoner made no observation on that—Dyer requested Mrs. Sanderson to leave the room while he dressed, and they got almost to high words—I said I could not have any words, they must go before the Magistrate.
Cross-examined. Q. When she gave you the duplicates, did she not say that some were hers and some were Mr. Dyer's? A. Yes—and after that Dyer said he had bought some duplicates of Cameron, and so had she—Mr. Dyer was a highly respectable gentleman—he was taken up, but discharged—I found him in bed with the prisoner—Cameron has been transported.
SAMUEL DOWDING . I live at No. 8, Hanover-street. The prisoner lodged with me in the first-floor front-room—I remember the officer coming to my house—the prisoner had been there eight or nine weeks before that—I did not know Mr. Cameron—I found a duplicate of a shawl amongst a lot of rubbish which was swept out of the room, on the Saturday after the prisoner was taken.
Cross-examined. Q. Had not she conducted herself well and honestly with your property? A. Very much so—she had the opportunity of committing theft if she chose.
Cross-examined. Q. Had you known her before? A. Yes—she has often pawned things of great value—she gave her proper name and address.
Long-acre. The prisoner pawned this umbrella with me on the 26th of November, for 1s.
JAMES MILLS . I am in the service of Mr. Attenborough, a pawnbroker in Charlotte-street—I produce a shawl, pawned by a female, in the name of Ann Shearcroft, on the 6th of February, 1838. I do not know whether the prisoner is the person—I never saw her to my knowledge—the officer has the duplicate—I do not think it was her—it was originally pawned in October, 1836, and the interest paid by a young girl, who I think is the daughter of Mrs. Sanderson
WILLIAM CHARLES GRAYGOOSE . I am shopman to Mr. Basset, a pawnbroker in Great Queen-street. I have a boa, pawned on the 2nd of November last by the prisoner, in the name of Ann Robson—this is the duplicate of it.
NOT GUILTY .
727. RICHARD LATHAM was indicted for stealing, on the 9th of January, 1 bag, value 2d.;4 crowns, 32 half-crowns, 106 shillings, 67 sixpences, 1 penny, and 6 halfpence; the goods and monies of John Kimber.—2nd COUNT, stating them to be the goods and monies of Isaac Cain.
JOHN KIMBER . I live at Colebrook, and am servant to Mr. Isaac Cain, of Langley-marsh. I was returning, on the 9th of January, with a wagon and horse belonging to my master—I called n Mr. Elgood, a baker, at Brentford, and received from him a quantity of silver in a bag, which was put into the wagon, under some sacks—the prisoner was by the side of the wagon at the time, and he went on for nearly a mile after I received it—I went in-doors at Isleworth for a parcel—the prisoner remained outside—he still remained with me for nearly a quarter of a mile—he then said he had occasion to stop, and left.
Cross-examined by MR. PAYKI. Q. Had you known him before? A. Yes I received this money for Mr. Isaac Cain.
ROBBRT DICK . I am a horse-patrol. I received information, and went to No. 8, Bald win's-place, Gray's Inn-road—I found the prisoner there, and I found on him a bag containing 11l. 19s. 10d.—his wife came in, and she pressed on him two or three times to know what he had done—he then told roe he had met the wagoner at Turnham-green, and took it while the wagoner was in the shop.
Cross-examined. Q. What was the money lost? A. 17l. in all, but it could not be ascertained how many coins there were of each sort.
(The prisoner received a good character.)
GUILTY . Aged 22.— Confined Six Months.
CHARLES GUMM . I am servant to Mr. Battersbee, who keeps the George-inn, Hammersmith. On the 18th of November I fell asleep in the privy there, about ten o'clock at night—when I awoke I missed 9l., which I had in my pocket when I fell asleep—there was eight sovereigns, one half-sovereign, one crown-piece, one half-crown, two shillings, and a sixpence.
WILLIAM BACCHUS . I keep the Suspension-bridge public-house at Hammersmith. On the 19th of November, about ten or eleven o'clock in the morning, the prisoner, who was rather fresh, came in with some steaks, and went into the tap-room—he was showing some money in the tap-room, and the men who were there persuaded him to leave it in my hands—he left me seven sovereigns—in the evening he came, and asked for some of the money—I said he had had sufficient that day, he did not want any more; but he asked several times, and I let him have half-a-crown—Mr. Browne has the money.
JAMES SOUTHEN (police-constable T 146.) I took the prisoner at Mr. Browne's house, and found on him a new pair of shoes, a new pair of stockings, and 3s. 10d. in money—he did not say any thing till we got to Queen-square—after he came out of the Magistrate's office, into the clerk's office, he said that he had robbed Gumm of the money, that he was intoxicated at the time, and was very sorry for it.
ASAPH IRA BROWNE . I am an attorney. The prisoner came to me about a month ago, in company with another person, and required me to write to Mr. Bacchus for the payment of 6l. 17s. 6d., which he held of his—I did so, and he brought it to me—the Inspector gave me notice to detain the money, and I did so—this is it.
GUILTY . Aged 25.— Confined Six Months.
ROBERT BARKER . I live in Wynnyat-street, Northampton-square, and am a cow-keeper. I missed four tame fowls, at half-past two o'clock, on the 21st of January—I had seen them safe a little after ten o'clock that morning—I saw them again the same evening, and I knew them.
Cross-examined by MR. PRENDERGAST. Q. Where were they? A. They ran in and out of my yard—there was a place for them to go in—they did not wander two hundred yards from my door.
WALTER CAMPBELL (police-sergeant E 16.) I stopped the two prisoners in Guildford-street, on the 21st of January, about eleven o'clock in the forenoon, coming in a direction from Clerkenwell—Dean had two hens and a cock in a bundle, and Besmore had one hen secreted under his jacket—they said they had bought them of an Irishman, in Newgate-market—these are the fowls—there was another boy with them.
Dean's Defence. I bought the fowls of a man, for 5s. 6d., and I asked this lad to carry one.
Besmore. I met this boy—he asked me to carry one.
(Dean received a good character.)
DEAN— GUILTY . Aged 15.— Confined Six Weeks.
BESMORE— GUILTY . Aged 13.— Confined One Month.
JOHN SMITH . I am in the service of Messrs. Charles Bunyard and Francis Metcalf, in Britannia-street East. The prisoner was in their service, to pick peas—on the 24th of January I found in the privy six bags concealed in one corner, a little before nine o'clock at night—I was ordered to watch, and observed the prisoner run across the yard—I followed her, and when she was about to leave the shop I stopped her—she threw down these six bags, from under her shawl, on some other bags—she said, "Pray don't, Mr. Smith; pray let me go"—I let her go, and the next morning she did not come to work as usual, but Mr. Bunyard sent for her—I know these bags—she said she had taken them from a shelf in the lower warehouse.
Cross-examined by MR. HORRY. Q. is the place where you saw the bags, open to all the people in the house? A. Yes—I stopped her at the shop door, which is perhaps twenty yards from that place—there is a back entrance, but the females do not go that way.
COURT. Q. Are you quite sure the prisoner said they were taken from the shelf? A. Yes.
JOHN KIRSHAW (police-constable G 128.) I apprehended the prisoner on the 25th of January—I asked her why she did not come to work—she said she was very ill—I said she must go along; with me, and she said, "I know what you want me for."
Cross-examined. Q. You knew where to find her? A. I had a wrong direction at first—I searched the house, but found nothing.
(The prisoner received a good character.)
GUILTY . Aged 24.—Recommended to mercy.— Confined Ten
ABIGAIL JACOBS . I am the wife of Woolf Jacobs, who keeps a tobacconist's shop in Featherstone-street. On the afternoon of the 9th of January I was sitting in the back room—I lifted up my head, and saw the prisoner in the shop—he took his arm from over the rail, and walked out—I went after him, and in passing I saw the place of these cigars vacant in the window—I never lost sight of him—I said to him, "You have robbed me"—he said, "I have not"—I said, "If you have not, you will not hesitate to come back"—I seized him—he said, "If you will let me go, I will return"—I would not, and after a struggle he came back—he struck me several blows, and then he took off his hat, took out the cigars, and said, "Here is what I have got; now let me go"—I would not—he struck me, and threw the cigars behind the counter—he then struck me again several times, and got away—I overtook him again near the same place—he struggled, but some persons came up, and he was taken.
EDWARD HUTTON (police-constable G 219.) I was at the station-house when the prisoner was brought there—I went, and found one hundred and eight cigars strewed on the floor behind the prosecutor's counter.
Prisoner's Defence. I was going past—she came out and accused me of being in her shop—I said, I had not—she took hold of my collar—I took hold of her hand merely to remove it—I went back and said, "You see I have nothing about me, and I suppose now you will let me go"—I came out again, and she again laid hold of my coat—the witness came and took me.
(The prisoner received a good character.)
GUILTY . Aged 28.—Recommended to mercy.
Confined Two Months.
RICHARD CLEMPSON . I live in Little Mary-le-bone-street, and am a groom out of place—I was at the Plasterer's Arms, in Mary-le-bone-street, on the 16th of January—I left my watch in the privy there, by mistake—I went to get it, and heard something about the prisoner—I went to him in a public-house in Beaumont Mews, and asked if he had seen any thing of my watch—he said no, he had not—I told him where I had left it, and said I thought he must be the man that had got it—this is my watch—(looking at it.)
Cross-examined by MR. DOANE. Q. Are you quite sure you told him where you had left it? A. Yes—I never saw him before.
WILLIAM GARDENER . I live at Mr. Walter's, a pawnbroker in High-street, Mary-le-bone—this watch was pawned by the prisoner on the 16th of January between six and seven o'clock, as near as I can say—he wanted 1l.—I lent him 15s.—he said it was his own—he gave his address John Harris, 23, Lisson-street.
WILLIAM AINSLIE (police-constable D 114.) I took the prisoner—Clempson said, "I think you are the man that has got my watch"—the prisoner said, "I have not had your watch, nor seen it"—I told the prisoner next day, that I had found it, and he must go with me to the pawnbroker—he was very willing to do that—the pawnbroker said he was the man—the prisoner said he was a liar, and he had never been in the shop—I took him back, and then he said he had pawned it.
Cross-examined. Q. What became of the prisoner after you let him go? A. I took him again the next day, in Beaumont Mews.
(The prisoner received a good character.)
GUILTY . Aged 48.— Confined One Month.